National Emission Standards for Hazardous Air Pollutants for Source Categories: Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6523-9]

RIN 2060-AH81

National Emission Standards for Hazardous Air Pollutants for

Source Categories: Organic Hazardous Air Pollutants From the Synthetic

Organic Chemical Manufacturing Industry and Other Processes Subject to

the Negotiated Regulation for Equipment Leaks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On April 22, 1994 and June 6, 1994, the EPA issued the

``National Emission Standards for Hazardous Air Pollutants for Source

Categories: Organic Hazardous Air Pollutants from the Synthetic Organic

Chemical Manufacturing Industry and Other Processes Subject to the

Negotiated Regulation for Equipment Leaks.'' This rule is commonly

known as the Hazardous Organic NESHAP or the HON. Today's action

proposes amendments to the definition of the term ``process vent'' and

proposes to add procedures for identifying ``process vents'' in order

to ensure consistent interpretation of the term. The EPA is also

proposing revisions to several provisions to the rule to reflect the

terminology used in the revised definition of process vent. These

changes are being proposed to reduce the burden associated with

developing operating permits for facilities subject to the rule.

Today's action also proposes to add provisions to allow off-site

control of process vent emissions and to add provisions for

establishing a new compliance date under certain circumstances. The EPA

is also proposing to add to appendix C of part 63 another procedure for

use in determining compliance with wastewater treatment requirements.

The EPA is also proposing corrections and clarifications to other

provisions of the rule to ensure that the rule is implemented as

intended.

These proposed amendments to the rule will not change the basic

control requirements of the rule or the level of health protection it

provides. The rule requires new and existing major sources to control

emissions of hazardous air pollutants to the level reflecting

application of the maximum achievable control technology.

DATES: Comments must be received on or before February 22, 2000,

unless a hearing is requested by January 31, 2000. If a hearing is

requested, you must submit your comments on or before March 6, 2000.

ADDRESSES: Address your comments to: Air and Radiation Docket and

Information Center (6102), Attention Docket Number A-90-19 (see docket

section below), Room M-1500, U.S. Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460. If possible, please submit two

copies of your written comments. You may also submit comments

electronically in WordPerfect version 5.1, 6.1, or Corel 8

file format (or ASCII) by electronic mail (e-mail) to: a-and-r-

[email protected].

Public Hearing. If a public hearing is held, EPA will hold the

hearing 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 Janet Eck,

U.S. Environmental Protection Agency, Research Triangle Park, NC 27711,

telephone (919) 541-7946.

Docket. Docket No. A-90-19 contains the supporting information for

the original NESHAP and this action. You may inspect this docket and

copy materials between 8:00 a.m. and 5:30 p.m., Monday through Friday.

The EPA's Air and Radiation Docket and Information Center is located at

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

DC 20460. The telephone number for the Air Docket and Information

Center is (202) 260-7548 or 260-7549. You may have to pay a reasonable

fee for copying materials.

FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Coatings and

Consumer Products Group, at (919) 541-5254 ([email protected]).

The mailing address for the contact is Emission Standards Division (MD-

13), U.S. Environmental Protection Agency, Research Triangle Park,

North Carolina 27711.

SUPPLEMENTARY INFORMATION: Docket. The docket is an organized file of

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 development. 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, except for

certain interagency documents, will serve as the record for judicial

review. (See the Act section 307(d)(7)(A).)

Electronic Comments. If you submit comments by e-mail, your

comments must be submitted as an ASCII file avoiding the use of special

characters and any form of encryption. You may also submit comments on

a diskette in WordPerfect version 5.1, 6.1, or Corel 8 file

format (or ASCII). You must identify the docket number A-90-19 at the

beginning of your comments. You should not submit confidential business

information (CBI) through e-mail. You may file electronic comments

online at many Federal depository libraries.

Regulated Entities. The regulated category and entities affected by

this action include:

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Category Examples of regulated entities

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Industry..................... Synthetic organic chemical manufacturing

industry (SOCMI) units, e.g., producers

of benzene, toluene, or any other

chemical listed in table 1 of 40 CFR

part 63, subpart F.

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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. This action is

expected to be of interest to owners and operators subject to this rule

who have process vents that may be affected by these rule amendments

and to those owners or operators who are sending vent streams (gas

streams) to another facility for disposal. Entities potentially

regulated by the HON are those which produce as primary intended

products any of the chemicals listed in table 1 of 40 CFR part 63,

subpart F and are located at facilities that are major sources as

defined in section 112 of the Clean Air Act (Act). Potentially

regulated entities generally are companies that manufacture industrial

organic chemicals and cyclic organic crude and intermediates. To

determine whether your facility is

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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 Janet Meyer (See FOR FURTHER INFORMATION CONTACT).

Outline. The information presented in the preamble is organized as

follows:

I. Background on the Rule

II. Proposed Process Vent Changes

A. Process Vent Definition and Identification of Gas Streams that

Meet the Definition

B. Reporting Requirements Associated with Proposed Change to the

Definition of Process Vent

C. Miscellaneous Conforming Edits

III. Off-Site Control or On-Site Third Party Control of Process Vent

Emissions

IV. Compliance Schedules

V. Miscellaneous Corrections and Clarifications

A. Subpart F

B. Subpart G

C. Clarification of Compliance Demonstration Requirements for Flares

D. Appendix C to Part 63

VI. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

B. Executive Order 13084: Consultation and Coordination with Indian

Tribal Governments

C. Executive Order 13045: Protection of Children from Environmental

Health Risks and Safety Risks

D. Executive Order 13132 on Federalism

E. Unfunded Mandates Reform Act

F. Regulatory Flexibility/Small Business Regulatory Enforcement

Fairness Act of 1996

G. Paperwork Reduction Act

H. National Technology Transfer and Advancement Act

I. Background on the Rule

On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196),

the EPA (we) published in the Federal Register the NESHAP for the

synthetic organic chemical manufacturing industry (SOCMI), and for

several other processes subject to the equipment leaks portion of the

rule. These regulations were promulgated as subparts F, G, H, and I in

40 CFR part 63, and are commonly referred to as the hazardous organic

NESHAP, or the HON. We have published several amendments to clarify

various aspects of the rule since the April 22, 1994 Federal Register

publication of the rule. See the following Federal Register documents

for more information: September 20, 1994 (59 FR 48175); October 24,

1994 (59 FR 53359); October 28, 1994 (59 FR 54131); January 27, 1995

(60 FR 5321); April 10, 1995 (60 FR 18020); April 10, 1995 (60 FR

18026); December 12, 1995 (60 FR 63624); February 29, 1996 (61 FR

7716); June 20, 1996 (61 FR 31435); August 26, 1996 (61 FR 43698);

December 5, 1996 (61 FR 64571); January 17, 1997 (62 FR 2721); August

22, 1997 (62 FR 44608); and December 9, 1998 (63 FR 67787).

In June 1994, the Chemical Manufacturers Association (CMA) and Dow

Chemical Company (Dow) filed petitions for review of the promulgated

rule in the U.S. Court of Appeals for the District of Columbia Circuit,

Chemical Manufacturers Association v. EPA, 94-1463 and 94-1464 (D.C.

Cir.) and Dow Chemical Company v. EPA, 94-1465 (D.C. Cir). The

petitioners raised over 75 technical issues on the rule's structure and

applicability. The petitioners raised issues regarding details of the

technical requirements, drafting clarity, and structural errors in the

drafting of certain sections of the rule. On August 26, 1996, we

proposed clarifying and correcting amendments to subparts F, G, H, and

I of part 63 to address the issues raised by CMA and Dow on the April

1994 rule. On December 5, 1996 and January 17, 1997, we took final

action on the amendments proposed on August 26, 1996. On August 22,

1997, we proposed corrections to the definition of ``enhanced

biological treatment systems or enhanced biological treatment process''

and conforming edits to appendix C of part 63 to reflect these changes

to the definition. On December 9, 1998, we took final action on the

amendments proposed on August 22, 1997.

II. Proposed Process Vent Changes

A. Process Vent Definition and Identification of Gas Streams that Meet

the Definition

In today's amendments, we are proposing to: (1) revise the

definition of the term ``process vent''; and (2) add a new section

63.107 to subpart F to provide instructions for identifying gas streams

that meet the definition of the term ``process vent.'' These proposed

changes are intended to make it easier to implement the rule and to

ensure consistent interpretation of the term ``process vent.'' We

expect the proposed changes to reduce the burden associated with

permitting facilities under the Operating Permit Program while

maintaining the intended applicability of the rule.

Currently, the rule defines a ``process vent'' as:

* * * a gas stream containing greater than 0.005 weight percent

total organic hazardous air pollutants that is continuously

discharged during operation of the unit from an air oxidation

reactor, other reactor, or distillation unit (as defined in this

section) within a chemical manufacturing process unit that meets all

applicability criteria specified in Sec. 63.100(b)(1) through (b)(3)

of this subpart. Process vents are gas streams that are discharged

to the atmosphere (with or without passing through a control device)

either directly or after passing through one or more recovery

devices. Process vents exclude relief valve discharges, gaseous

streams routed to a fuel gas system(s), and leaks from equipment

regulated under subpart H of this part.

Our intent in this definition is to define a ``process vent'' from its

point of origination within a chemical manufacturing process unit--

``from an air oxidation reactor, other reactor, or distillation

unit''--to where it is ultimately discharged to the atmosphere. Once a

process vent is identified under the HON, applicability of control

requirements to the gas stream is determined after the last recovery

device (if any recovery devices are present) but prior to the inlet of

any control device that is present and prior to release to the

atmosphere. The objective of this approach is to ensure that

applicability of the rule remains with the operation creating the gas

stream.

In recent months, industry representatives have stated that they

understand the definition to define a process vent as the discharge

point to the atmosphere. These industry representatives have raised

concerns that our interpretation of the definition would significantly

alter the information that must be submitted as part of an operating

permit application and included in an operating permit. Specifically,

industry representatives have expressed concerns that because a process

vent is an ``emission point,'' the operating permit rule would require

submittal of information on all gas streams originating from HON

process units and all processes receiving these gas streams. Because

HON process units frequently send gas streams to numerous other process

units throughout a plant site, they have argued that it would be very

burdensome to provide information on every gas stream originating from

a HON process unit. Industry representatives have also questioned

whether this language could result in some people classifying process

equipment (such as downstream distillation units and reactors) as

control equipment.

We considered the implementation issues associated with the

existing definition of ``process vent'' and concluded that a new

approach toward identification of gas streams subject to the control

requirements would be appropriate. This approach consists of: (1)

Defining a process vent as a discharge point instead of as a gas

stream; (2) adding a section to subpart

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F to ennumerate characteristics of gas streams that when discharged

would be subject to the process vent provisions; and (3) adding

additional reporting requirements to Sec. 63.151 and Sec. 63.152 to

ensure that the point of origination of a gas stream is identified as

well as the point of discharge. This group of amendments is expected to

achieve the outcome that was originally intended while addressing

implementation problems.

1. New Definition of Process Vent

We are proposing to revise the definition of ``process vent'' to

read:

* * * the point of discharge to the atmosphere (or the point of

entry into a control device, if any) of a gas stream if the gas

stream has the characteristics specified in Sec. 63.107(b) through

(h) of this subpart or meets the criteria specified in

Sec. 63.107(i) of this subpart. For purposes of Secs. 63.113 through

63.118, all references to the characteristics of a process vent

(e.g., flow rate, total HAP concentration, or TRE index value) shall

mean the characteristics of the gas stream.

Under this definition, the emission points that would be identified as

process vents in the permit application and the operating permit would

be the points of discharge to the atmosphere of a gas stream (meeting

certain criteria) created by a HON chemical manufacturing process unit.

2. Section 63.107--Identification of Process Vents

We are proposing to add a new section, Sec. 63.107, to subpart F to

specify the characteristics that distinquish those gas streams that

were intended to be regulated as process vents from gas streams that

were never intended to be regulated as process vents. In order to do

this, we have identified: (1) Those characteristics that a gas stream

must have in order for the discharge to be subject to the process vent

provisions; (2) those characteristics that would exclude a gas stream

from such applicability; and (3) criteria for prevention of

circumvention. We do not intend for proposed Sec. 63.107 to impose any

recordkeeping requirement for the determination of process vents

associated with chemical manufacturing process units subject to the

HON. Our intent is for this section to ennumerate the characteristics

of gas streams that on ultimate discharge would be regulated as a

process vent.

Characteristics of Process Vents. Proposed Sec. 63.107 specifies

that the gas stream must originate from an air oxidation reactor,

distillation unit, or other reactor. This proposed section includes the

same flow and concentration criteria used in the existing definition of

process vent. Paragraphs (b) through (g) of this proposed section also

provide a more complete description of the flow characteristics of the

gas stream than is currently provided by the definition. These

paragraphs address the flow characteristics of the gas stream, the

manner of discharge of the gas stream, and the location of discharge of

the gas stream.

Exclusions from the process vent definition. The proposed

Sec. 63.107 also specifies gas streams that on ultimate discharge would

not be subject to the process vent provisions of the rule. These

exclusions are listed in proposed paragraph (h). They include items

previously excluded from the definition such as relief valve discharges

and gas streams routed to fuel gas systems. We have also included in

paragraph (h) an exclusion for productive uses of gas streams and an

exclusion for gas streams that are regulated under other sections of

the rule.

In paragraph (h)(5), we have provided that if a gas stream is sent

to another process for reaction or other productive use in another

process, it is not considered to be a gas stream which would be subject

to the HON control requirements. In such cases, the control

requirements would be determined with respect to the process that

ultimately discharges the gas stream to the atmosphere. For example, if

a HON process unit sends a gas stream containing butadiene to a process

unit producing polybutadiene rubber, the gas stream would be subject to

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

assuming that other applicability criteria for that rule are met.

Paragraph (h)(6) provides that gas streams that are transferred for

fuel value are also not considered to be process vents. In this case,

the gas stream is being used as, or with, primary fuel for process

heaters or other combustion devices and as such will be efficiently

combusted.

Also, to avoid potential misunderstandings, we are clarifying that

the following gas streams are not considered process vents at the

discharge point: (1) Gas streams discharged to the atmosphere from

control devices subject to Sec. 63.113, (2) gas streams from storage

vessels, (3) gas streams from transfer operations, (4) gas streams from

waste management units, and (5) gas streams from process analyzers.

These gas streams were not intended to be addressed by the process vent

requirements of the rule. These gas streams are being explicitly

excluded in this proposed approach to remove any potential ambiguity

concerning applicability of the process vent requirements.

Activities of concern. We are also proposing to add a new paragraph

Sec. 63.107(i), which lists certain activities of concern to the EPA.

The listed activities are similar to (and if not listed in paragraph

(i), might have been mistaken for) certain productive uses that are

excluded from the definition of ``process vent.'' To avoid possible

misunderstandings, paragraph (i) provides that the listed activities do

not avoid the ``process vent'' requirements of subpart G. In other

words, if there would have been a process vent in the absence of these

activities, there is still a process vent.

For example, streams that change from the gas phase to the liquid

phase are normally not subject to ``process vent'' requirements.

However, it may be possible for an owner or operator to temporarily

liquefy a gas stream without a valid process purpose simply to avoid

classifying the emission point as a process vent. The proposed

paragraph (i) specifies that, in such a case, the emission point is

still a process vent.

As a second example, gas streams are often routed, for a valid

process purpose, through other process equipment before discharge. In

such cases, although some standards under part 63 may classify the

emissions from other process equipment as ``process vent'' emissions,

the HON does not. However, we are concerned that an owner or operator

might route a gas stream to a piece of equipment, such as a storage

vessel, without a valid process purpose simply to avoid having the

process vent requirements apply. Paragraph (i) provides that any

routing of a gas stream through equipment without a process purpose

does not avoid the ``process vent'' requirements. In this regard, we

also wish to clarify that for purposes of paragraph (i), providing

inert ``padding'' for a storage vessel is not considered to be a

process purpose.

As a third example, gas streams that are used as fuels are normally

not subject to the ``process vent'' requirements of the HON. However,

we are concerned that an owner or operator might interpret this to

allow routing a gas stream to a substandard flare or incinerator (one

that was not designed to achieve the destruction efficiency required by

subpart G) and saying the stream is not a process vent. Regardless of

whether combustion of the gas stream in a substandard flare or

incinerator is a fuel use, it is also a form of emission control that

does not comply with the

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standards of subpart G. Consequently, paragraph (i) specifies that

streams used in this manner are not exempt from any ``process vent''

requirements that would otherwise apply. We wish also to clarify that

the wording ``a flare that does not meet the criteria in section

63.11(b) or an incinerator that does not reduce emissions of organic

hazardous air pollutants by 98 percent or to a concentration of 20 ppm

by volume'' in paragraph (i) is intended to describe the design

characteristics of the flare or incinerator, not the actual performance

at any given moment. An excursion, in which a flare or incinerator

temporarily fails to achieve those requirements, would not cause the

gas stream to trigger the process vent requirements.

B. Reporting Requirements Associated with Proposed Change to the

Definition of Process Vent

We are also proposing to amend Sec. 63.151(e) and to add a new

paragraph, Sec. 63.152(d)(4). These two paragraphs would require owners

or operators to identify, for each process vent at the source, the

chemical manufacturing process unit that creates the process vent, the

type of unit operation that creates the vent stream, and either the

last recovery device, if Group 2 process vent, or the control device

and other equipment used for compliance. We consider submittal of this

information to be an important part of the proposed change to define a

process vent as a point of discharge to the atmosphere. This

information is necessary to allow effective enforcement of the revised

definition.

C. Miscellaneous Conforming Edits

Today's proposed amendments also include proposed amendments to

several provisions and definitions in the rule to reflect today's

proposed definition of process vent. The proposed amendments include:

Revisions to the definition of ``Group 1 process vent,''

``Group 2 process vent,'' and ``vent stream'' to reflect the new

definition of process vent as a point of discharge to the atmosphere.

Revisions to paragraphs (a)(3) and (c) of Sec. 63.113 to

use the defined terms ``process vent'' and ``halogenated vent streams''

instead of the undefined terms ``vent'' and ``halogenated Group 1

process vents.''

Revisions to the second sentence in Sec. 63.114(a)(3) to

use the defined term ``process vent'' instead of the term ``vent,''

which is not defined in the rule.

Revisions to Sec. 63.114(d) to reflect the proposed

revisions to the definition of process vent. The proposed changes are:

(1) To monitor any bypass line for potential by-passes that could

divert the gas stream to the atmosphere instead of monitoring for

diversions from a control device; and (2) to specify that this

obligation applies between the origin of the gas stream and the point

where the gas stream reaches the process vent. These changes are a

necessary part of the revised approach toward definition of a process

vent.

Revisions to several paragraphs in Sec. 63.115 and

Sec. 63.116 and to Sec. 63.117(a)(6), Sec. 63.117(a)(8), and

Sec. 63.118(e)(1) to use the term ``vent stream'' instead of ``process

vent stream.'' This change is being proposed because the gas stream is

not a process vent and to use a defined term.

Revisions to Sec. 63.117, paragraph (a) introductory text

to refer to the defined term ``Group 1 process vents'' instead of

``Group 1 process vent streams.''

Revision of paragraph (a)(4)(iv) of Sec. 63.117 to refer

to ``vent streams introduced with combustion air * * * '' This revision

is being proposed to reflect the proposed change in terminology.

III. Off-Site Control or On-Site Third Party Control of Process

Vent Emissions

Today's proposed amendments include provisions to address the

transfer off-site or to a third party on-site for disposal gas streams

that have the characteristics of a process vent (specified in proposed

Sec. 63.107(b) through (h)) or meet the criteria in proposed

Sec. 63.107(i) and that have the characteristics of Group 1 process

vents. We would add these proposed amendments to 40 CFR 63.113 as a new

paragraph (i). Presently, the rule does not address situations where a

gas stream is sent to another facility or a third party for disposal.

Consequently, there is some ambiguity concerning who is responsible for

compliance activities. We are proposing to add these provisions to

address this oversight in the original drafting of the rule.

The proposed provisions to allow off-site or on-site third party

control would require the owner/operator transferring the gas stream to

comply with the provisions specified in 40 CFR 63.114(d) prior to

transfer. The owner or operator may not transfer the gas stream unless

the transferee has submitted to EPA a written certification that the

transferee will manage and control, in accordance with subpart G, any

gas streams that meet the characteristics of a Group 1 process vent at

the point of transfer that were received from a source subject to the

requirements of subparts F and G. The proposed provisions require the

owner or operator to notify the third party that the gas stream has to

be handled and controlled in accordance with the requirements of the

rule.

The proposed provisions would require that statements of compliance

with the rule by a third party need only be submitted to EPA; the

provisions do not contain or envision any requirement that EPA approve

the written statements before transfers of such gas streams to off-site

facilities are permitted. The proposed provisions provide, however,

that EPA may take enforcement action against the transferee in the

event that the transferee violates the pertinent HON process vent

provisions.

We are proposing to clarify this compliance approach in recognition

that in some instances gas streams subject to the HON process vent

provisions are now being sent to another facility or a third party for

disposal. We are doing this to provide a means to allow transfers of

control responsibility without imposing liability for actions of

another party on the owner or operator of the HON source.

Definition of point of transfer. We are also proposing to add a

definition of ``point of transfer'' to subpart G. This proposed

definition is used to specify the location where the applicability of

control requirements is determined (i.e., where the total resource

effectiveness (TRE) index value is determined) in situations where a

gas stream is sent to a third party for disposal. This term is used in

the proposed provisions for off-site control or on-site control not

owned or operated by the source (Sec. 63.113(i)).

Reporting requirements associated with off-site or third party

treatment option. Today's proposed action also includes proposed

amendments to Sec. 63.152 (b)(6) and (c)(4)(iv), and adds a paragraph

(d)(4) to require reporting of the name and location of the transferee,

the identification of the Group 1 process vent, and changes in the

identity of the transferee. These reports are necessary to permit

effective enforcement of the proposed provisions in Sec. 63.113(i) for

third party disposal of gas streams.

IV. Compliance Schedules

We are proposing to amend Sec. 63.100 by adding a paragraph (q) to

allow establishment of site-specific compliance dates under three

circumstances. The first circumstance concerns situations where the

transferee does not elect to submit a certification and ceases to

accept the gas stream for disposal. The second circumstance concerns

situations where the transferee had previously submitted a written

certification and later revokes the written certification. The third

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circumstance applies to cases where the inability to meet the

applicable compliance date arises due to today's proposed amendments

and is not one of the previously described situations.

For all three of these requests, the owner or operator must submit

a proposed compliance schedule and a justification for the time

requested. For cases where the need for additional time to comply with

the rule arose solely due to today's proposed amendments, the owner or

operator must also submit an explanation of why they need a new

compliance date in addition to the previously mentioned proposed

compliance schedule and justification. In addition, for cases when the

transferee revokes the certification, the owner or operator must also

submit an explanation of why they need a new compliance date and a

description of the measures that will be taken to minimize excess

emissions until the new compliance date. In your description of

measures to minimize emissions, you must include a schedule when each

measure will be first implemented and how and to what extent the

measure will reduce emissions. For the last two cases, we would review

the request for the compliance extension for the right to have

additional time as well as the actual length of the compliance

extension. In the first case, we would review only the length of

compliance extension requested.

We are proposing these amendments in recognition that the

provisions concerning third party control of gas streams sent for

disposal are potentially imposing new requirements. We are proposing to

address these compliance timing issues through review of individual

requests since the time required for sources to comply with these new

provisions will depend on site-specific factors. The proposed

requirement for mitigating measures to reduce emissions for situations

where the transferee revokes certification is intended to ensure that

all reasonable measures are taken to ensure that emissions are not

increased.

We further recognize that the proposed amendments to the definition

of process vent and the proposed Sec. 63.107 may also affect the

compliance status of some facilities. The intent of the proposed

provisions allowing owners or operators to request a compliance

schedule for these cases is intended to efficiently manage the effect

of these proposed rule changes.

V. Miscellaneous Corrections and Clarifications

We are also proposing to amend several additional paragraphs in

subparts F and G to correct drafting errors and address oversights.

These problems were identified during the review of the rule to address

the implementation issues associated with the rule's definition of

process vent. In addition, we are proposing amendments to some of the

wastewater provisions to correct drafting errors and oversights in

those sections of the rule.

A. Subpart F

Section 63.100(e). We are proposing to revise Sec. 63.100(e) by

adding a new first sentence to the paragraph that states that the

source is the collection of all chemical manufacturing process units at

a major source that meet the applicability criteria in

Sec. 63.100(b)(1) through (b)(3). We are also proposing several minor

edits to Sec. 63.100(e) to reflect this additional sentence. We are

doing this to make it clearer that the source is comprised of all the

equipment and operations associated with the process units subject to

the rule. We expect that this proposed revision should reduce questions

concerning which equipment is considered to be in the source and

thereby simplify reconstruction determinations.

Batch process vent changes. We are proposing to amend

Sec. 63.100(j)(4) and to add a definition of ``batch process vent'' to

Sec. 63.101 to correct a drafting error. We are revising

Sec. 63.100(j)(4) to refer to ``batch process vents'' instead of the

term ``process vent.'' This change is necessary because, in the rule,

the term ``process vent'' only applies to continuous discharges from

specific types of equipment. As such, it was improperly applied to the

case being addressed in Sec. 63.100(j)(4). To describe the type of

operation that we intended to exclude by the provision in

Sec. 63.100(j)(4), we are proposing to define ``batch process vent''

as:

Batch process vent means gaseous venting to the atmosphere from a

batch operation.

Our intent with the process vent provisions of the rule was to

address operations that created continuous gaseous discharges during

the operation of the process unit.

B. Subpart G

Section 63.110(a). We are proposing to amend Sec. 63.110(a) to

include in-process equipment subject to Sec. 63.149 of subpart G. We

overlooked the need to amend this paragraph in preparation of the

January 17, 1997 amendments to the rule. Today's action would correct

that error.

Miscellaneous conforming edits to process vent provisions

(Secs. 63.113 to 63.118). We are also proposing to amend several

paragraphs in subpart G to improve consistency in terminology. These

changes are:

Revision of Sec. 63.113(e) to refer to the defined term

``TRE index value'' instead of ``TRE index.''

Revision of Sec. 63.113(g) to refer to ``total organic HAP

concentration'' instead of ``concentration.'' This proposed change

would correct unclear language in this paragraph.

Revision of the term ``gas stream flow'' in the

introductory language to Sec. 63.114(a)(4)(ii) and in

Sec. 63.114(a)(4)(ii)(C) to read ``gas flow rate.''

We are also proposing to revise Sec. 63.118(a)(3) and (f)(3) to

require records for periods when the gas stream is diverted to the

atmosphere instead of records for periods when the gas stream is

diverted from the control device. These revisions will make the

recordkeeping requirement consistent with the monitoring requirement.

We overlooked the need for these changes when we made the January 17,

1997 amendments to the rule that revised the wording of the monitoring

requirement.

Miscellaneous amendments to wastewater provisions in Secs. 63.132

through 63.147 and tables to subpart G. We are proposing changes to

these sections of subpart G to address a number of minor drafting

errors and oversights in the January 17, 1997 amendments to the rule.

The sections and the associated proposed revisions are:

Sec. 63.132(a)(3) and (b)(4)--these paragraphs currently

send the reader to the recordkeeping and reporting provisions in

Secs. 63.146 and 63.147. However, at this time there is no explicit

statement that Group 2 wastewater streams are also subject to the

recordkeeping and reporting requirements despite table 15 of subpart G

requiring such information. Today's proposal would explicitly specify

these requirements for Group 2 wastewater streams and would add cross

references for them to Sec. 63.132(a)(3) and (b)(4).

Sec. 63.138(i)--Today's proposed amendments are to clarify

that in some cases, process wastewater streams included in the 1

megagram (Mg) exemption from treatment requirements in Sec. 63.138(b)

and (c) are also exempt from the suppression requirements in

Secs. 63.133 through 63.137. In cases where the mass flow rate is

determined at the point of determination, it was never our intent to

require suppression

[[Page 3174]]

of these wastewater streams. We intended to require suppression of the

partially treated streams that are part of the 1 Mg exemption option

provided in Sec. 63.138(i)(2). The proposed amendments would also

clarify that process wastewater streams included in the 1 Mg exemption

must be identified in the Notification of Compliance Status for both

options presented in Sec. 63.138(i). The current text inadvertently

omitted stating this requirement explicitly for the option that

requires all Group 1 wastewater streams at the source to have a mass

flow rate less than 1 Mg per year (Sec. 63.138(i)(1)). (Identification

of all Group 1 and Group 2 wastewater streams is currently required to

be included in the Notification of Compliance in Table 15.)

Sec. 63.146(b)(1)--The proposal would add a statement of

the reporting requirements for Group 2 wastewater streams. The proposed

text is consistent with the information presently required by Table 15

to subpart G. Paragraph (b)(1) is presently a reserved paragraph in

subpart G.

Sec. 63.147(b)(8)--The proposed amendment would clarify

the recordkeeping requirements for Group 2 wastewater streams. The

proposed addition to this section is consistent with the information

presently required by Table 15 to subpart G.

Sec. 63.147(d) introductory text, paragraphs (d)(2) and

(d)(3)--The proposed amendments would clarify requirements for non-

regenerative carbon adsorbers. Section 63.147(d) only specifies the

records to keep in lieu of daily averages for regenerative carbon

adsorbers. Due to an oversight, the present rule text does not specify

the required records for non-regenerative carbon adsorbers. Presumably,

without today's correction, facilities operating non-regenerative

carbon adsorbers would have to keep daily averages, which is not EPA's

intent. Today's amendments would provide an alternative to daily

averages for non-regenerative carbon adsorbers. The proposed amendments

would also make this section of the rule consistent with Table 13 to

subpart G.

Table 12 to subpart G--The proposed amendments would

remove ``design'' and the reference to Sec. 63.138(d) from item 2 of

the table. We intended that the continuous monitoring requirements

specified in item 2 apply to all steam strippers used to comply with

the wastewater provisions in subpart G, not just design steam

strippers. Without this change, owners or operators of sources using

steam strippers to comply with the wastewater treatment requirements

are required to request approval of the monitoring parameters. It was

not EPA's intent to require approval for these parameters.

Table 20 to subpart G--The proposed amendments would add

requirements for non-regenerative carbon absorbers. These amendments

are necessary because we omitted non-regenerative carbon adsorbers from

this table. See discussion accompanying Sec. 63.147(d) for further

explanation of the need for this amendment.

Section 63.151(b)(1)(iii). We are proposing to correct a drafting

error in Sec. 63.151(b)(1)(iii). This paragraph in the rule requires

identification of the kinds of emission points within the chemical

manufacturing process units that are subject to subpart G. The proposed

amendment to Sec. 63.151(b)(1)(iii) would replace the phrase ``within

the chemical manufacturing process unit'' with the phrase ``within the

source.'' This change is necessary because wastewater streams are not

included in the definition of the chemical manufacturing process unit,

but they are part of the source regulated by the HON. Consequently,

this reporting requirement does not accomplish its intended purpose.

Therefore, we are proposing to revise Sec. 63.151(b)(1)(iii) to require

identification of the kinds of emission points within the source that

are subject to subpart G.

C. Clarification of Compliance Demonstration Requirements for Flares

We are proposing amendments to Sec. 63.116(a), Sec. 63.128(b),

Sec. 63.14(j), and Sec. 63.180(e) to clarify that a compliance

demonstration for flares must be conducted using the provisions found

in Sec. 63.11(b). Specifically, we are now specifying that the owner or

operator must (1) conduct a visible emission test, (2) determine the

net heating value of the gas being combusted, and (3) determine the

actual exit velocity. In each case, we are specifying specific

procedures required in 63.11(b) for the determination. We are adding

this more explicit language to the rule to address questions concerning

the obligation to do these compliance determinations. We intend this

change to remove any doubt concerning the applicability of these

requirements.

D. Appendix C to Part 63

We are proposing to amend appendix C to part 63 to add a

concentration measurement procedure for determining the fraction

biodegraded (fbio) in biological treatment units that are

not thoroughly mixed, and thus, have multiple zones of mixing. As part

of these proposed revisions, we are proposing to add a Form XIII to

appendix C to part 63, and we are proposing conforming edits to section

I to refer to the new procedure in section III.E.

The purpose of adding this new procedure, called Multiple Zone

Concentration Measurements, to appendix C is to provide an alternative

concentration measurement test that can be used for units with multiple

zones of mixing. The present concentration measurement procedure in

appendix C, called the Inlet and Outlet Concentration Measurement

Procedure, can only be used for thoroughly mixed treatment units. To

use this new multiple zone procedure, you would identify zones with

substantially uniform characteristics and would measure representative

organic compound concentrations within the biological treatment unit as

well as the inlet and outlet of the biological treatment unit. The

estimated mass transfer coefficient for each compound is determined

using the characteristics of each zone. You calculate fbio

for each compound and each zone using Form XIII.

In addition to adding the Multiple Zone Concentration Measurements

Procedure to appendix C, we are also proposing corrections to a term in

Equation App. C-6 and to clarify that Equation App. C-4 is the solution

to Equation App. C-3.

VI. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

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

must determine whether a regulatory action is ``significant'' and,

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

the requirements of the Executive Order. The Executive 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

[[Page 3175]]

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

Order.

It has been determined that this proposed rule is not a

``significant regulatory action'' within the meaning of the Executive

Order and is therefore not subject to OMB review. These proposed

changes to the HON are primarily technical and administrative and do

not raise any novel legal or policy issues. These proposed changes are

not expected to impose significant new costs. This proposed action will

not have an annual effect on the economy of $100 million or other

adverse economic impacts, not create any inconsistencies with other

actions by other agencies, not alter any budgetary impacts, or raise

any novel legal or policy issues.

B. Executive Order 13084: Consultation and Coordination with Indian

Tribal Governments

Under Executive Order 13084, the EPA 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 costs incurred by the tribal governments, or EPA consults

with those governments. If EPA complies by consulting, Executive Order

13084 requires EPA to provide to the OMB, in a separately identified

section of the preamble to the rule, a description of the extent of

EPA's 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, Executive

Order 13084 requires EPA 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 proposed amendments to the rule would not significantly or

uniquely affect the communities of Indian tribal governments. The

proposal would amend the definition of ``process vent'' and would make

other technical and administrative changes to the rule. Accordingly,

the requirements of section 3(b) of Executive Order 13084 do not apply

to this proposed rule.

C. Executive Order 13045: Protection of Children From Environmental

Health Risks and Safety Risks

Executive Order 13045, ``Protection of Children from Environmental

Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies

to any rule that: (1) is determined to be ``economically significant''

as defined under Executive Order 12866, and (2) concerns an

environmental health or safety risk that the EPA has reason to believe

may have a disproportionate effect on children. If the regulatory

action meets both criteria, the EPA 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 considered by the Agency.

The EPA interprets Executive Order 13045 as applying only to those

regulatory actions that are based on health or safety risks, such that

the analysis required under section 5-501 of the Executive Order has

the potential to influence the regulation. This action is not subject

to Executive Order 13045 because it is based on technology performance

and not on health or safety risks.

D. Executive Order 13132 on 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. The 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 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.

These proposed amendments to the 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. Today's proposed amendments would

not impose any enforceable duties on these entities. The proposal would

amend the definition of ``process vent'' and would make other technical

and administrative changes to the rule. Thus, the requirements of

section 6 of the Executive Order do not apply to these proposed

amendments to the final rule.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under section 202 of UMRA, the EPA

generally must prepare a written statement, including a cost-benefit

analysis, for proposed or final rules with ``Federal mandates'' 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. Before promulgating an EPA rule for which a written statement

is needed, section 205 of the UMRA generally requires the EPA to

identify and consider a reasonable number of regulatory alternatives

and adopt the least costly, most cost-effective, or least burdensome

alternative that achieves the objectives of the rule. The provisions of

section 205 do not apply when they are inconsistent with applicable

law. Moreover, section 205 allows the EPA to adopt an alternative

[[Page 3176]]

other than the least costly, most cost-effective, or least burdensome

alternative if the Administrator publishes with the final rule an

explanation why that alternative was not adopted. Before the EPA

establishes any regulatory requirements that may significantly or

uniquely affect small governments, including tribal governments, it

must have developed under section 203 of the UMRA a small government

agency plan. The plan must provide for notifying potentially affected

small governments, enabling officials of affected small governments to

have meaningful and timely input in the development of EPA regulatory

proposals with significant Federal intergovernmental mandates, and

informing, educating, and advising small governments on compliance with

the regulatory requirements.

The EPA has determined that today's proposed action does not

contain 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 in any 1 year. Therefore, the

requirements of sections 202 and 205 of the UMRA do not apply to this

action. The EPA has likewise determined that the action proposed today

does not include any regulatory requirements that might significantly

or uniquely affect small governments. Thus, today's action is not

subject to the requirements of section 203 of the UMRA.

F. Regulatory Flexibility/Small Business Regulatory Enforcement

Fairness Act of 1996

The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601, et

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

Act of 1996 (SBREFA), requires the EPA to give special consideration to

the effect of Federal regulations on small entities and to consider

regulatory options that might mitigate any such impacts. The EPA is

required to prepare a regulatory flexibility analysis and coordinate

with small entity stakeholders if the Agency determines that a rule

will have a significant economic impact on a substantial number of

small entities.

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

regulatory flexibility analysis in connection with these proposed

amendments to the rule. The EPA has also determined that these

amendments 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. The proposed changes are primarily technical and

administrative, and are not expected to impose significant new costs.

The EPA does not anticipate that the proposed changes will create any

significant additional burden for any of the regulated entities.

G. Paperwork Reduction Act

The 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,

OP 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 an information collection request 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 proposed amendments to the rule should have a very minor

effect on the information collection burden estimates made previously.

Based on discussions with industry representatives, EPA believes that

this action would result in less than a 2 percent increase in the

estimated information collection burden. This potential increase would

include the burden associated with identification of and submittal of

compliance documentation for previously unreported process vents

subject to this rule. The potential increase would also include the

burden associated with preparation of a supplemental report to identify

the point of origination of the reported process vents as well as the

discharge point. The EPA also estimates that a small (less than 2

percent) number of facilities may be required to install controls as a

result of today's proposed changes. The EPA considers these changes to

the rule to represent a clarification of the definition of process vent

and the reporting requirements for process vents. Thus, EPA considers

these potential increases in the burden estimate to be well within the

uncertainty of the analysis. Consequently, the ICR has not been revised

for these proposed amendments to the rule.

H. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement

Act of 1995 (NTTAA), Pub. L. No. 104- 113, Sec. 12(d) (15 U.S.C. 272

note), directs the EPA to use voluntary consensus standards in its

regulatory activities unless to do so would be inconsistent with

applicable law or otherwise impractical. 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. The NTTAA directs the

EPA to provide Congress, through OMB, explanations when the Agency

decides not to use available and applicable voluntary consensus

standards.

This proposed action includes amendments to appendix C to add

another procedure for determining fraction biodegraded. Therefore, we

conducted a search to identify potentially applicable voluntary

consensus standards for this case. However, we identified no such

standards. Therefore, EPA proposes to add this additional procedure to

appendix C. The EPA welcomes comments on this aspect of the proposed

rulemaking and, specifically, invites the public to identify

potentially-applicable voluntary consensus standards and to explain why

such standards should be used in this regulation.

In the event commenters identify potentially-applicable voluntary

consensus standards, EPA will carefully evaluate whether these

procedures are viable alternatives to the proposed procedure. However,

EPA does not anticipate that there will be any standards identified

that are equivalent in terms of stringency and other criteria.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: January 10, 2000.

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.

[[Page 3177]]

Subpart F--National Emission Standards for Organic Hazardous Air

Pollutants From the Synthetic Organic Chemical Manufacturing

Industry

2. Section 63.100 is amended by revising paragraph (e) introductory

text, by revising paragraph (j)(4), and by adding paragraph (q) to read

as follows:

Sec. 63.100 Applicability and designation of source.

* * * * *

(e) The source to which this subpart applies is the collection of

all chemical manufacturing process units and the associated equipment

at a major source that meet the criteria specified in paragraphs (b)(1)

through (b)(3) of this section. The source includes the process vents;

storage vessels; transfer racks; waste management units; maintenance

wastewater; heat exchange systems; equipment identified in Sec. 63.149;

and pumps, compressors, agitators, pressure relief devices, sampling

connection systems, open-ended valves or lines, valves, connectors,

instrumentation systems, surge control vessels, and bottoms receivers

that are associated with that collection of chemical manufacturing

process units. The source also includes equipment required by, or

utilized as a method of compliance with, subparts F, G, or H of this

part which may include control devices and recovery devices.

* * * * *

(j) * * *

(4) Batch process vents within a chemical manufacturing process

unit.

* * * * *

(q) If the owner or operator of a process vent, or of a gas stream

transferred subject to Sec. 63.113(i), is unable to comply with the

provisions of Secs. 63.113 through 63.118 by the applicable compliance

date specified in paragraph (k),(l), or (m) of this section for the

reasons stated in paragraph (q)(1),(q)(3), or (q)(5) of this section,

the owner or operator shall comply with the applicable provisions in

Secs. 63.113 through 63.118 as expeditiously as practicable, but in no

event later than the date approved by the Administrator pursuant to

paragraph (q)(2), (q)(4), or (q)(6) of this section, respectively. For

requests under paragraph (q)(1) or (q)(3) of this section, the date

approved by the Administrator may be earlier than, and shall not be

later than, the later of [DATE 3 YEARS AFTER DATE OF PUBLICATION OF

FINAL RULE IN THE Federal Register] or 3 years after the transferee's

refusal to accept the stream for disposal. For requests submitted under

paragraph (q)(5) of this section, the date approved by the

Administrator may be earlier than, and shall not be later than, 3 years

after the date of promulgation of the amendments to this subpart or to

subpart G of part 63 which created the need for an extension of the

compliance.

(1) If the owner or operator has been sending a gas stream for

disposal as described in Sec. 63.113(i) prior to [DATE OF PUBLICATION

OF FINAL RULE IN THE Federal Register], and the transferee does not

submit a written certification as described in Sec. 63.113(i)(2) and

ceases to accept the gas stream for disposal, the owner or operator

shall comply with paragraph (q)(2) of this section.

(2)(i) An owner or operator directed to comply with paragraph

(q)(2) of this section shall submit to the Administrator for approval a

compliance schedule, along with a justification for the schedule.

(ii) The compliance schedule and justification shall be submitted

no later than 90 days after the transferee ceases to accept the gas

stream for disposal.

(iii) The Administrator shall approve the compliance schedule or

request changes within 120 days of receipt of the compliance schedule

and justification.

(3) If the owner or operator has been sending the gas stream for

disposal as described in Sec. 63.113(i) to a transferee who had

submitted a written certification as described in Sec. 63.113(i)(2),

and the transferee revokes its written certification, the owner or

operator shall comply with paragraph (q)(4) of this section. During the

period between the date when the owner or operator receives notice of

revocation of the transferee's written certification and the compliance

date established under paragraph (q)(4) of this section, the owner or

operator shall implement, to the extent reasonably available, measures

to prevent or minimize excess emissions to the extent practical. For

purposes of this paragraph (q)(3) of this section, the term ``excess

emissions'' means emissions in excess of those that would have occurred

if the transferee had continued managing the gas stream in compliance

with the requirements in Secs. 63.113 through 63.118. The measures to

be taken shall be identified in the applicable start-up, shutdown, and

malfunction plan. If the measures that can be reasonably taken will

change over time, so that a more effective measure which could not

reasonably be taken initially would be reasonable at a later date, the

Administrator may require the more effective measure by a specified

date (in addition to or instead of any other measures taken sooner or

later than that date) as a condition of approval of the compliance

schedule.

(4)(i) An owner or operator directed to comply with paragraph

(q)(4) of this section shall submit to the Administrator for approval

the documents specified in paragraphs (q)(4)(i)(A) through (E) of this

section no later than 90 days after the owner or operator receives

notice of revocation of the transferee's written certification.

(A) A request for determination of a compliance date.

(B) A justification for the request for determination of a

compliance date.

(C) A compliance schedule.

(D) A justification for the compliance schedule.

(E) A description of the measures that will be taken to minimize

excess emissions until the new compliance date, and the date when each

measure will first be implemented. The owner or operator shall describe

how, and to what extent, each measure will minimize excess emissions,

and shall justify any period of time when measures are not in place.

(ii) The Administrator shall approve or disapprove the request for

determination of a compliance date and the compliance schedule, or

request changes, within 120 days after receipt of the documents

specified in paragraphs (q)(4)(i)(A) through (E) of this section. Upon

approving the request for determination and compliance schedule, the

Administrator shall specify a reasonable compliance date consistent

with the introductory text in paragraph (q) of this section.

(5) If the owner's or operator's inability to meet otherwise

applicable compliance deadlines is due to amendments of this subpart or

of subpart G of part 63 promulgated on or after [DATE OF PUBLICATION OF

FINAL RULE IN THE Federal Register] and neither condition specified in

paragraph (q)(1) or (q)(3) of this section is applicable, the owner or

operator shall comply with paragraph (q)(6) of this section.

(6)(i) An owner or operator directed to comply with this paragraph

shall submit to the Administrator for approval a request for

determination of a compliance date, a compliance schedule, a

justification for the determination of a compliance date, and a

justification for the compliance schedule.

(ii) The documents required to be submitted under paragraph

(q)(6)(i) of this section shall be submitted no later than 120 days

after publication of the amendments of this subpart or of subpart G of

part 63 which necessitate the request for an extension.

[[Page 3178]]

(iii) The Administrator shall approve or disapprove the request for

a determination of a compliance date, or request changes, within 120

days after receipt of the request for determination of a compliance

date, the compliance schedule, and the two justifications. If the

request for determination of a compliance date is disapproved, the

compliance schedule is disapproved and the owner or operator shall

comply by the applicable date specified in paragraph (k),(l), or (m) of

this section. If the request for the determination of a compliance date

is approved, the Administrator shall specify, at the time of approval,

a reasonable compliance date consistent with the introductory text in

paragraph (q) of this section.

3. Section 63.101 is amended by adding in alphabetical order the

definition of ``Batch process vent'' and by revising the definition of

``Process vent'' to read as follows:

Sec. 63.101 Definitions.

* * * * *

Batch process vent means gaseous venting to the atmosphere from a

batch operation.

* * * * *

Process vent means the point of discharge to the atmosphere (or the

point of entry into a control device, if any) of a gas stream if the

gas stream has the characteristics specified in Sec. 63.107(b) through

(h) or meets the criteria specified in Sec. 63.107(i). For purposes of

Secs. 63.113 through 63.118, all references to the characteristics of a

process vent (e.g., flow rate, total HAP concentration, or TRE index

value) shall mean the characteristics of the gas stream.

* * * * *

4. Subpart F is amended by adding a new Sec. 63.107 to read as

follows:

Sec. 63.107 Identification of Process Vents Subject to this Subpart.

(a) The owner or operator shall use the criteria specified in this

section to determine whether there are any process vents associated

with an air oxidation reactor, distillation unit, or reactor that is in

a source subject to this subpart. A process vent is the point of

discharge to the atmosphere (or the point of entry into a control

device, if any) of a gas stream if the gas stream has the

characteristics specified in paragraphs (b) through (h) of this section

or meets the criteria specified in paragraph (i) of this section.

(b) Some, or all, of the gas stream originates as a continuous flow

from an air oxidation reactor, distillation unit, or reactor during

operation of the chemical manufacturing process unit.

(c) The discharge to the atmosphere (with or without passing

through a control device) meets at least one of the conditions

specified in paragraphs (c)(1) through (c)(3) of this section.

(1) Is directly from an air oxidation reactor, distillation unit,

or reactor; or

(2) Is from an air oxidation reactor, distillation unit, or reactor

after passing solely (i.e., without passing through any other unit

operation for a process purpose) through one or more recovery devices

within the chemical manufacturing process unit; or

(3) Is from a device recovering only mechanical energy from a gas

stream that comes either directly from an air oxidation reactor,

distillation unit, or reactor, or from an air oxidation reactor,

distillation unit, or reactor after passing solely (i.e., without

passing through any other unit operation for a process purpose) through

one or more recovery devices within the chemical manufacturing process

unit.

(d) The gas stream contains greater than 0.005 weight percent total

organic hazardous air pollutants at the point of discharge to the

atmosphere (or at the point of entry into a control device, if any).

(e) The air oxidation reactor, distillation unit, or reactor is

part of a chemical manufacturing process unit that meets the criteria

of Sec. 63.100(b).

(f) The gas stream is in the gas phase from the point of origin at

the air oxidation reactor, distillation unit, or reactor to the point

of discharge to the atmosphere (or to the point of entry into a control

device, if any).

(g) The gas stream is discharged to the atmosphere either on-site,

off-site, or both.

(h) The gas stream is not any of the items identified in paragraphs

(h)(1) through (h)(9) of this section.

(1) A relief valve discharge.

(2) A leak from equipment subject to subpart H of this part.

(3) A gas stream going to a fuel gas system as defined in

Sec. 63.101.

(4) A gas stream exiting a control device used to comply with

Sec. 63.113.

(5) A gas stream transferred to other processes (on-site or off-

site) for reaction or other use in another process (i.e., for chemical

value as a product, isolated intermediate, byproduct, or coproduct or

for heat value).

(6) A gas stream transferred for fuel value (i.e., net positive

heating value), use, reuse, or for sale for fuel value, use, or reuse.

(7) A storage vessel vent or transfer operation vent subject to

Sec. 63.119 or Sec. 63.126.

(8) A vent from a waste management unit subject to Secs. 63.132

through 63.137.

(9) A gas stream exiting a process analyzer.

(i) The gas stream would meet the characteristics specified in

paragraphs (b) through (g) of this section, but, for purposes of

avoiding applicability, has been deliberately interrupted, temporarily

liquefied, routed through any item of equipment for no process purpose,

or disposed of in a flare that does not meet the criteria in

Sec. 63.11(b), or an incinerator that does not reduce emissions of

organic hazardous air pollutants by 98 percent or to a concentration of

20 ppm by volume, whichever is less stringent.

Subpart G--National Emission Standards for Organic Hazardous Air

Pollutants from Synthetic Organic Chemical Manufacturing Industry

for Process Vents, Storage Vessels, Transfer Operations, and

Wastewater

5. Section 63.110 is amended by revising paragraph (a) to read as

follows:

Sec. 63.110 Applicability.

(a) This subpart applies to all process vents, storage vessels,

transfer racks, wastewater streams, and/or in-process equipment subject

to Sec. 63.149 within a source subject to subpart F of this part.

* * * * *

6. Section 63.111 is amended by adding in alphabetical order the

definition of ``Point of transfer'' and by revising the definitions of

``Group 1 process vent,'' ``Group 2 process vent,'' and ``Vent stream''

to read as follows:

Sec. 63.111 Definitions.

* * * * *

Group 1 process vent means a process vent for which the vent stream

flow rate is greater than or equal to 0.005 standard cubic meter per

minute, the total organic HAP concentration is greater than or equal to

50 ppm by volume, and the total resource effectiveness index value,

calculated according to Sec. 63.115, is less than or equal to 1.0.

Group 2 process vent means a process vent for which the vent stream

flow rate is less than 0.005 standard cubic meter per minute, the total

organic HAP concentration is less than 50 ppm by volume or the total

resource effectiveness index value, calculated according to

Sec. 63.115, is greater than 1.0.

* * * * *

Point of transfer means:

(1) If the transfer is to an off-site location for control, the

point where the conveyance crosses the property line; or

(2) If the transfer is to an on-site location not owned or operated

by the

[[Page 3179]]

owner or operator of the source, the point where the conveyance enters

the operation or equipment of the transferee.

* * * * *

Vent stream, as used in the process vent provisions, means the gas

stream flowing through the process vent.

* * * * *

7. Section 63.113 is amended by:

a. Revising paragraph (a) introductory text.

b. Revising the second sentence in paragraph (a)(3).

c. Revising paragraph (c) introductory text and paragraph (c)(1)

introductory text.

d. Revising paragraphs (e) and (g).

e. Adding a new paragraph (i).

The revisions and addition read as follows:

Sec. 63.113 Process vent provisions--reference control technology.

(a) The owner or operator of a Group 1 process vent as defined in

this subpart shall comply with the requirements of paragraph (a)(1),

(a)(2), or (a)(3) of this section. The owner or operator who transfers

a gas stream that has the characteristics specified in Sec. 63.107 (b)

through (h) or meets the criteria specified in Sec. 63.107(i) to an

off-site location or an on-site location not owned or operated by the

owner or operator of the source for disposal shall comply with the

requirements of paragraph (i) of this section.

* * * * *

(3) * * * If the TRE index value is greater than 1.0, the process

vent shall comply with the provisions for a Group 2 process vent

specified in either paragraph (d) or (e) of this section, whichever is

applicable.

* * * * *

(c) Halogenated vent streams from Group 1 process vents that are

combusted shall be controlled according to paragraph (c)(1) or (c)(2)

of this section.

(1) If a combustion device is used to comply with paragraph (a)(2)

of this section for a halogenated vent stream, then the gas stream

exiting the combustion device shall be conveyed to a halogen reduction

device, such as a scrubber, before it is discharged to the atmosphere.

* * * * *

(e) The owner or operator of a Group 2 process vent with a TRE

index value greater than 4.0 shall maintain a TRE index value greater

than 4.0, comply with the provisions for calculation of TRE index in

Sec. 63.115 and the reporting and recordkeeping provisions in

Sec. 63.117(b), Sec. 63.118(c), and Sec. 63.118(h), and is not subject

to monitoring or any other provisions of Secs. 63.114 through 63.118.

* * * * *

(g) The owner or operator of a Group 2 process vent with a total

organic HAP concentration less than 50 ppm by volume shall maintain a

total organic HAP concentration less than 50 ppm by volume; comply with

the Group determination procedures in Sec. 63.115(a), (c), and (e); the

reporting and recordkeeping requirements in Sec. 63.117(d),

Sec. 63.118(e), and Sec. 63.118(j); and is not subject to monitoring or

any other provisions of Secs. 63.114 through 63.118.

* * * * *

(i) Off-site control or on-site control not owned or operated by

the source. This paragraph applies to gas streams that have the

characteristics specified in Secs. 63.107(b) through (h) of subpart F

of this part or meet the criteria specified in Sec. 63.107(i) of

subpart F of this part; that are transferred for disposal to an on-site

control device (or other compliance equipment) not owned or operated by

the owner or operator of the source generating the gas stream, or to an

off-site control device or other compliance equipment; and that have

the characteristics (e.g., flow rate, total organic HAP concentration,

or TRE index value) of a Group 1 process vent, determined at the point

of transfer.

(1) The owner or operator transferring the gas stream shall:

(i) Comply with the provisions specified in Sec. 63.114(d) for each

gas stream prior to transfer.

(ii) Notify the transferee that the gas stream contains organic

hazardous air pollutants that are to be treated in accordance with the

provisions of this subpart. The notice shall be submitted to the

transferee initially and whenever there is a change in the required

control.

(2) The owner or operator may not transfer the gas stream unless

the transferee has submitted to the EPA a written certification that

the transferee will manage and treat any gas stream transferred under

this paragraph (i) of this section and received from a source subject

to the requirements of this subpart in accordance with the requirements

of either Secs. 63.113 through 63.118, or Sec. 63.102(b), or subpart D

of this part if alternative emission limitations have been granted the

transferor in accordance with those provisions. The certifying entity

may revoke the written certification by sending a written statement to

the EPA and the owner or operator giving at least 90 days notice that

the certifying entity is rescinding acceptance of responsibility for

compliance with the regulatory provisions listed in this paragraph.

Upon expiration of the notice period, the owner or operator may not

transfer the gas stream to the transferee. Records retained by the

transferee shall be retained in accordance with Sec. 63.10(b).

(3) By providing this written certification to the EPA, the

certifying entity accepts responsibility for compliance with the

regulatory provisions listed in paragraph (i)(2) of this section with

respect to any transfer covered by the written certification. Failure

to abide by any of those provisions with respect to such transfers may

result in enforcement action by the EPA against the certifying entity

in accordance with the enforcement provisions applicable to violations

of these provisions by owners or operators of sources.

(4) Written certifications and revocation statements to the EPA

from the transferees of such gas streams shall be signed by a

responsible official of the certifying entity, provide the name and

address of the certifying entity, and be sent to the appropriate EPA

Regional Office at the addresses listed in 40 CFR 63.13. Such written

certifications are not transferable by the transferee.

8. Section 63.114 is amended by revising paragraphs (a)(3),

(a)(4)(ii), and (d) to read as follows:

Sec. 63.114 Process vent provisions--monitoring requirements.

(a) * * *

(3) Where a boiler or process heater of less than 44 megawatts

design heat input capacity is used, the following monitoring equipment

is required: a temperature monitoring device in the firebox equipped

with a continuous recorder. This requirement does not apply to gas

streams that are introduced with primary fuel or are used as the

primary fuel.

(4) * * *

(ii) A flow meter equipped with a continuous recorder shall be

located at the scrubber influent for liquid flow. Gas flow rate shall

be determined using one of the procedures specified in paragraphs

(a)(4)(ii)(A) through (C) of this section.

(A) The owner or operator may determine gas flow rate using the

design blower capacity, with appropriate adjustments for pressure drop.

(B) If the scrubber is subject to regulations in 40 CFR parts 264

through 266 that have required a determination of the liquid to gas (L/

G) ratio prior to the applicable compliance date for this subpart

specified in Sec. 63.100(k), the owner or operator may determine gas

[[Page 3180]]

flow rate by the method that had been utilized to comply with those

regulations. A determination that was conducted prior to the compliance

date for this subpart may be utilized to comply with this subpart if it

is still representative.

(C) The owner or operator may prepare and implement a gas flow rate

determination plan that documents an appropriate method which will be

used to determine the gas flow rate. The plan shall require

determination of gas flow rate by a method which will at least provide

a value for either a representative or the highest gas flow rate

anticipated in the scrubber during representative operating conditions

other than start-ups, shutdowns, or malfunctions. The plan shall

include a description of the methodology to be followed and an

explanation of how the selected methodology will reliably determine the

gas flow rate, and a description of the records that will be maintained

to document the determination of gas flow rate. The owner or operator

shall maintain the plan as specified in Sec. 63.103(c).

* * * * *

(d) The owner or operator of a process vent shall comply with

paragraph (d)(1) or (d)(2) of this section for any bypass line, between

the origin of the gas stream (i.e., at an air oxidation reactor,

distillation unit, or reactor as identified in Sec. 63.107(b)) and the

point where the gas stream reaches the process vent as described in

Sec. 63.107, that could divert the gas stream directly to the

atmosphere. Equipment such as low leg drains, high point bleeds,

analyzer vents, open-ended valves or lines, and pressure relief valves

needed for safety purposes are not subject to this paragraph.

(1) Properly install, maintain, and operate a flow indicator that

takes a reading at least once every 15 minutes. Records shall be

generated as specified in Sec. 63.118(a)(3). The flow indicator shall

be installed at the entrance to any bypass line that could divert the

gas stream to the atmosphere; or

(2) Secure the bypass line valve in the non-diverting position with

a car-seal or a lock-and-key type configuration. A visual inspection of

the seal or closure mechanism shall be performed at least once every

month to ensure that the valve is maintained in the non-diverting

position and the gas stream is not diverted through the bypass line.

* * * * *

9. Section 63.115 is amended by:

a. Revising paragraph (a) introductory text.

b. Revising paragraph (b) introductory text.

c. Revising paragraph (c) introductory text,

(c)(4)(i), and (c)(4)(ii).

d. Revising paragraph (d)(1) introductory text and

(d)(1)(iii)(D)(4).

e. Revising paragraph (d)(2) introductory text, (d)(2)(i) and

(d)(2)(ii) introductory text, and (d)(2)(ii)(C).

f. Adding paragraph (f).

The revisions and addition read as follows:

Sec. 63.115 Process vent provisions--methods and procedures for

process vent group determination.

(a) For purposes of determining vent stream flow rate, total

organic HAP or TOC concentration or TRE index value, as specified under

paragraph (b), (c), or (d) of this section, the sampling site shall be

after the last recovery device (if any recovery devices are present)

but prior to the inlet of any control device that is present and prior

to release to the atmosphere.

* * * * *

(b) To demonstrate that a vent stream flow rate is less than 0.005

standard cubic meter per minute in accordance with the Group 2 process

vent definition of this subpart, the owner or operator shall measure

flow rate by the following procedures:

* * * * *

(c) Each owner or operator seeking to demonstrate that a vent

stream has an organic HAP concentration below 50 ppm by volume in

accordance with the Group 2 process vent definition of this subpart

shall measure either total organic HAP or TOC concentration using the

following procedures:

* * * * *

(4) * * *

(i) Method 25A of 40 CFR part 60, appendix A shall be used only if

a single organic HAP compound is greater than 50 percent of total

organic HAP, by volume, in the vent stream.

(ii) The vent stream composition may be determined by either

process knowledge, test data collected using an appropriate EPA method,

or a method or data validated according to the protocol in Method 301

of appendix A of this part. Examples of information that could

constitute process knowledge include calculations based on material

balances, process stoichiometry, or previous test results provided the

results are still relevant to the current vent stream conditions.

* * * * *

(d) * * *

(1) Engineering assessment may be used to determine vent stream

flow rate, net heating value, TOC emission rate, and total organic HAP

emission rate for the representative operating condition expected to

yield the lowest TRE index value.

* * * * *

(iii) * * *

(D) * * *

(4) Estimation of maximum expected net heating value based on the

vent stream concentration of each organic compound or, alternatively,

as if all TOC in the vent stream were the compound with the highest

heating value.

* * * * *

(2) Except as provided in paragraph (d)(1) of this section, vent

stream flow rate, net heating value, TOC emission rate, and total

organic HAP emission rate shall be measured and calculated according to

the procedures in paragraphs (d)(2)(i) through (v) of this section and

used as input to the TRE index value calculation in paragraph (d)(3) of

this section.

(i) The vent stream volumetric flow rate (Qs), in standard cubic

meters per minute at 20 deg.C, shall be determined using Method 2, 2A,

2C, or 2D of 40 CFR part 60, appendix A, as appropriate. If the vent

stream tested passes through a final steam jet ejector and is not

condensed, the vent stream volumetric flow shall be corrected to 2.3

percent moisture.

(ii) The molar composition of the vent stream, which is used to

calculate net heating value, shall be determined using the following

methods:

* * * * *

(C) Method 4 of 40 CFR part 60, appendix A to measure the moisture

content of the vent stream.

* * * * *

(f) Notwithstanding any other provisions of this subpart, in any

case where a process vent includes one or more gas streams that are not

from a source subject to this subpart (hereafter called ``non-HON

streams'' for purposes of this paragraph), and one or more gas streams

that meet the criteria in Sec. 63.107(b) through (h) or the criteria in

Sec. 63.107(i) (hereafter called ``HON streams'' for purposes of this

paragraph), the owner or operator may elect to comply with paragraphs

(f)(1) through (f)(3) of this section.

(1) The owner or operator may determine the characteristics (flow

rate, total organic HAP concentration, and TRE index value) for each

HON stream, or combination of HON streams, at a representative point as

near as practical to, but before, the point at which it is combined

with non-HON streams.

[[Page 3181]]

(2) If one or more of the HON streams, or combinations of HON

streams, has the characteristics (determined at the location specified

in paragraph (f)(1) of this section) associated with a Group 1 process

vent, the combined vent stream is a Group 1 process vent. Except as

specified in paragraph (f)(3) of this section, if none of the HON

streams, or combinations of HON streams, when determined at the

location specified in paragraph (f)(1) of this section has the

characteristics associated with a Group 1 process vent, the combined

vent stream is a Group 2 process vent regardless of the TRE index value

determined at the location specified in Sec. 63.115(a). If the combined

vent stream is a Group 2 process vent as determined by the previous

sentence, but one or more of the HON streams, or combinations of HON

streams, has a TRE index value greater than 1 but less than or equal to

4, the combined vent stream is a process vent with a TRE index value

greater than 1 but less than or equal to 4. In this case, the owner or

operator shall monitor the combined vent stream as required by

Sec. 63.114(b).

(3) Paragraphs (f)(1) and (f)(2) of this section are not intended

to apply instead of any other subpart of part 63. If another subpart of

part 63 applies to one or more of the non-HON streams contributing to

the combined vent stream, that subpart may impose emission control

requirements such as, but not limited to, requiring the combined vent

stream to be classified and controlled as a Group 1 process vent.

10. Section 63.116 is amended by:

a. Revising paragraph (a).

b. Revising paragraph (b)(2).

c. Revising paragraphs (c)(1)(i)(B) and (c)(4)(iv).

d. Revising paragraph (d) introductory text.

The revisions read as follows:

Sec. 63.116 Process vent provisions--performance test methods and

procedures to determine compliance.

(a) When a flare is used to comply with Sec. 63.113(a)(1), the

owner or operator shall comply with paragraphs (a)(1) through (3) of

this section. The owner or operator is not required to conduct a

performance test to determine percent emission reduction or outlet

organic HAP or TOC concentration.

(1) Conduct a visible emission test using the techniques specified

in Sec. 63.11(b)(4).

(2) Determine the net heating value of the gas being combusted

using the techniques specified in Sec. 63.11(b)(6).

(3) Determine the exit velocity using the techniques specified in

either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where

applicable) or Sec. 63.11(b)(8), as appropriate.

(b) * * *

(2) A boiler or process heater into which the gas stream is

introduced with the primary fuel or is used as the primary fuel.

* * * * *

(c) * * *

(1) * * *

(i) * * *

(B) If a vent stream is introduced with the combustion air or as a

secondary fuel into a boiler or process heater with a design capacity

less than 44 megawatts, selection of the location of the inlet sampling

sites shall ensure the measurement of total organic HAP or TOC (minus

methane and ethane) concentrations in all vent streams and primary and

secondary fuels introduced into the boiler or process heater.

* * * * *

(4) * * *

(iv) If the vent stream entering a boiler or process heater with a

design capacity less than 44 megawatts is introduced with the

combustion air or as a secondary fuel, the weight-percent reduction of

total organic HAP or TOC (minus methane and ethane) across the device

shall be determined by comparing the TOC (minus methane and ethane) or

total organic HAP in all combusted vent streams and primary and

secondary fuels with the TOC (minus methane and ethane) or total

organic HAP exiting the combustion device, respectively.

(d) An owner or operator using a combustion device followed by a

scrubber or other halogen reduction device to control halogenated vent

streams in compliance with Sec. 63.113(c)(1) shall conduct a

performance test to determine compliance with the control efficiency or

emission limits for hydrogen halides and halogens.

* * * * *

11. Section 63.117 is amended by revising paragraphs (a)

introductory text, (a)(4)(iv), (a)(6) introductory text, and (a)(8) to

read as follows:

Sec. 63.117 Process vents provisions--reporting and recordkeeping

requirements for group and TRE determinations and performance tests.

(a) Each owner or operator subject to the control provisions for

Group 1 process vents in Sec. 63.113(a) or the provisions for Group 2

process vents with a TRE index value greater than 1.0 but less than or

equal to 4.0 in Sec. 63.113(d) shall:

* * * * *

(4) * * *

(iv) For a boiler or process heater with a design heat input

capacity of less than 44 megawatts and where the vent stream is

introduced with combustion air or used as a secondary fuel and is not

mixed with the primary fuel, the percent reduction of organic HAP or

TOC, or the concentration of organic HAP or TOC (ppm by volume, by

compound) determined as specified in Sec. 63.116(c) at the outlet of

the combustion device on a dry basis corrected to 3 percent oxygen.

* * * * *

(6) Record and report the following when using a scrubber following

a combustion device to control a halogenated vent stream:

* * * * *

(8) Record and report the halogen concentration in the vent stream

determined according to the procedures specified in

Sec. 63.115(d)(2)(v).

* * * * *

12. Section 63.118 is amended by revising paragraphs (a)(3),

(e)(1), and (f)(3) to read as follows:

Sec. 63.118 Process vents provisions--Periodic reporting and

recordkeeping requirements.

(a) * * *

(3) Hourly records of whether the flow indicator specified under

Sec. 63.114(d)(1) was operating and whether a diversion was detected at

any time during the hour, as well as records of the times and durations

of all periods when the gas stream is diverted to the atmosphere or the

monitor is not operating.

* * * * *

(e) * * *

(1) Any process changes as defined in Sec. 63.115(e) that increase

the organic HAP concentration of the vent stream,

* * * * *

(f) * * *

(3) Reports of the times and durations of all periods recorded

under paragraph (a)(3) of this section when the gas stream is diverted

to the atmosphere through a bypass line.

* * * * *

13. Section 63.128 is amended by revising paragraph (b) to read as

follows:

Sec. 63.128 Transfer operations provisions--test methods and

procedures.

* * * * *

(b) When a flare is used to comply with Sec. 63.126(b)(2), the

owner or operator shall comply with paragraphs (b)(1) through (3) of

this section. The owner or operator is not required to conduct a

performance test to determine percent emission reduction or outlet

organic HAP or TOC concentration.

[[Page 3182]]

(1) Conduct a visible emission test using the techniques specified

in Sec. 63.11(b)(4). The observation period shall be as specified in

paragraph (b)(1)(i) or (ii) of this section instead of the 2-hour

period specified in Sec. 63.11(b)(4).

(i) If the loading cycle is less than 2 hours, then the observation

period for that run shall be for the entire loading cycle.

(ii) If additional loading cycles are initiated within the 2-hour

period, then visible emission observations shall be conducted for the

additional cycles.

(2) Determine the net heating value of the gas being combusted,

using the techniques specified in Sec. 63.11(b)(6).

(3) Determine the exit velocity using the techniques specified in

either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where

applicable) or Sec. 63.11(b)(8), as appropriate.

* * * * *

14. Section 63.132 is amended by revising paragraphs (a)(3) and

(b)(4) to read as follows:

Sec. 63.132 Process wastewater provisions--general.

(a) * * *

(3) Requirements for Group 2 wastewater streams. For wastewater

streams that are Group 2 for table 9 compounds, comply with the

applicable recordkeeping and reporting requirements specified in

Secs. 63.146(b)(1) and 63.147(b)(8).

(b) * * *

(4) Requirements for Group 2 wastewater streams. For wastewater

streams that are Group 2 for both table 8 and table 9 compounds, comply

with the applicable recordkeeping and reporting requirements specified

in Secs. 63.146(b)(1) and 63.147(b)(8).

* * * * *

15. Section 63.138 is amended by:

a. Revising paragraphs (i) introductory text and (i)(2)(iii);

b. Adding a sentence to the end of paragraph (i)(1) introductory

text and adding a sentence to the end of paragraph (i)(2)(i)

introductory text;

c. Amending paragraph (i)(2) introductory text by revising the

reference ``(i)(2)(iv)'' to read ``(i)(3)''; and

d. Redesignating paragraph (i)(2)(iv) as paragraph (i)(3).

The revision additions read as follows:

Sec. 63.138 Process wastewater provisions--performance standards for

treatment processes managing Group 1 wastewater streams and/or

residuals removed from Group 1 wastewater streams.

* * * * *

(i) One megagram total source mass flow rate option. A wastewater

stream is exempt from the requirements of paragraphs (b) and (c) of

this section if the owner or operator elects to comply with either

paragraph (i)(1) or (i)(2) of this section, and complies with paragraph

(i)(3) of this section.

(1) * * * The owner or operator who meets the requirements of this

paragraph (i)(1) of this section is exempt from the requirements of

Secs. 63.133 through 63.137.

* * * * *

(2) * * *

(i) * * * When determining the total source mass flowrate for the

purposes of paragraph (i)(2)(i)(B) of this section, the concentration

and flow rate shall be determined at the location specified in

paragraph (i)(2)(i)(B) of this section and not at the location

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

* * * * *

(iii) The owner or operator of each waste management unit that

receives, manages, or treats a partially treated wastewater stream

prior to or during treatment shall comply with the requirements of

Secs. 63.133 through 63.137, as applicable. For a partially treated

wastewater stream that is stored, conveyed, treated, or managed in

waste management unit meeting the requirements of Secs. 63.133 through

63.137, the owner or operator shall follow the procedures in paragraph

(i)(2)(i)(B) of this section to calculate mass flow rate. A wastewater

stream, either untreated or partially treated, where the mass flow rate

has been calculated following the procedures in paragraph (i)(2)(i)(A)

of this section are exempt from the requirements of Secs. 63.133

through 63.137.

* * * * *

16. Section 63.145 is amended by revising paragraph (j) to read as

follows:

Sec. 63.145 Process wastewater provisions--test methods and procedures

to determine compliance.

* * * * *

(j) When a flare is used to comply with Sec. 63.139(c), the owner

or operator shall comply with paragraphs (j)(1) through (3) of this

section. The owner or operator is not required to conduct a performance

test to determine percent emission reduction or outlet organic HAP or

TOC concentration.

(1) Conduct a visible emission test using the techniques specified

in Sec. 63.11(b)(4).

(2) Determine the net heating value of the gas being combusted,

using the techniques specified in Sec. 63.11(b)(6).

(3) Determine the exit velocity using the techniques specified in

either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where

applicable) or Sec. 63.11(b)(8), as appropriate.

* * * * *

17. Section 63.146 is amended by adding paragraph (b)(1) to read as

follows:

Sec. 63.146 Process wastewater provisions--reporting.

* * * * *

(b) * * *

(1) Requirements for Group 2 wastewater streams. This paragraph

does not apply to Group 2 wastewater streams that are used to comply

with Sec. 63.138(g). For Group 2 wastewater streams, the owner or

operator shall include the information specified in paragraphs

(b)(1)(i) through (iv) of this section in the Notification of

Compliance Status Report. This information may be submitted in any

form. Table 15 of this subpart is an example.

(i) Process unit identification and description of the process

unit.

(ii) Stream identification code.

(iii) For existing sources, concentration of table 9 compound(s) in

ppm, by weight. For new sources, concentration of table 8 and/or table

9 compound(s) in ppm, by weight. Include documentation of the

methodology used to determine concentration.

(iv) Flow rate in liter per minute.

* * * * *

18. Section 63.147 is amended by revising paragraphs (b)

introductory text, (d) introductory text, and (d)(2), and by adding

paragraphs (b)(8) and (d)(3) to read as follows:

Sec. 63.147 Process wastewater provisions--recordkeeping.

* * * * *

(b) The owner or operator shall keep in a readily accessible

location the records specified in paragraphs (b)(1) through (8) of the

section.

* * * * *

(8) Requirements for Group 2 wastewater streams. This paragraph

(b)(8) of this section does not apply to Group 2 wastewater streams

that are used to comply with Sec. 63.138(g). For all other Group 2

wastewater streams, the owner or operator shall keep in a readily

accessible location the records specified in paragraphs (b)(8)(i)

through (iv) of this section in the Notification of Compliance Status

Report.

(i) Process unit identification and description of the process

unit.

(ii) Stream identification code.

(iii) For existing sources, concentration of table 9 compound(s) in

ppm, by weight. For new sources,

[[Page 3183]]

concentration of table 8 and/or table 9 compound(s) in ppm, by weight.

Include documentation of the methodology used to determine

concentration.

(iv) Flow rate in liter per minute.

* * * * *

(d) The owner or operator shall keep records of the daily average

value of each continuously monitored parameter for each operating day

as specified in Sec. 63.152(f), except as provided in paragraphs (d)(1)

through (3) of this section.

* * * * *

(2) Regenerative carbon adsorbers. For regenerative carbon

adsorbers, the owner or operator shall keep the records specified in

paragraphs (d)(2)(i) and (ii) of this section instead of daily

averages.

(i) Records of the total regeneration stream mass flow for each

carbon bed regeneration cycle.

(ii) Records of the temperature of the carbon bed after each

regeneration cycle.

(3) Non-regenerative carbon adsorbers. For non-regenerative carbon

adsorbers using organic monitoring equipment, the owner or operator

shall keep the records specified in paragraph (d)(3)(i) of this section

instead of daily averages. For non-regenerative carbon adsorbers

replacing the carbon adsorption system with fresh carbon at a regular

predetermined time interval that is less than the carbon replacement

interval that is determined by the maximum design flow rate and organic

concentration in the gas stream vented to the carbon adsorption system,

the owner or operator shall keep the records specified in paragraph

(d)(3)(ii) of this section instead of daily averages.

(i)(A) Record of how the monitoring frequency, as specified in

table 13 of this subpart, was determined.

(B) Records of when organic compound concentration of adsorber

exhaust was monitored.

(C) Records of when the carbon was replaced.

(ii)(A) Record of how the carbon replacement interval, as specified

in table 13 of this subpart, was determined.

(B) Records of when the carbon was replaced.

* * * * *

19. Section 63.151 is amended by revising paragraphs (b)(1)(iii)

and (e)(1) to read as follows:

Sec. 63.151 Initial notification.

* * * * *

(b) * * *

(1) * * *

(iii) An identification of the kinds of emission points within the

source that are subject to this subpart;

* * * * *

(e) * * *

(1) A list designating each emission point complying with

Secs. 63.113 through 63.149 and whether each emission point is Group 1

or Group 2, as defined in Sec. 63.111. For each process vent within the

source, provide the information listed in paragraphs (e)(1)(i) through

(iv) of this section.

(i) The chemical manufacturing process unit(s) that is the origin

of all or part of the vent stream that exits the process vent.

(ii) The type(s) of unit operations (i.e., an air oxidation

reactor, distillation unit, or reactor) that creates the vent stream

that exits the process vent.

(iii) For a Group 2 process vent, the last recovery device, if any.

(iv) For a Group 1 process vent, the control device, or other

equipment used for compliance.

* * * * *

20. Section 63.152 is amended by adding a new paragraph (b)(6),

revising paragraph (c)(4)(iv), and adding a new paragraph (d)(4) to

read as follows:

Sec. 63.152 General reporting and continuous records.

* * * * *

(b) * * *

(6) An owner or operator complying with Sec. 63.113(i) shall

include in the Notification of Compliance Status, or where applicable,

a supplement to the Notification of Compliance Status, the name and

location of the transferee, and the identification of the Group 1

process vent.

* * * * *

(c) * * *

(4) * * *

(iv) For gas streams sent for disposal pursuant to Sec. 63.113(i)

or for process wastewater streams sent for treatment pursuant to

Sec. 63.132(g), reports of changes in the identity of the transferee.

* * * * *

(d) * * *

(4) If an owner or operator transfers for disposal a gas stream

that has the characteristics specified in Sec. 63.107(b) through (h) or

meets the criteria specified in Sec. 63.107(i) to an off-site location

or an on-site location not owned or operated by the owner or operator

of the source and the vent stream was not included in the information

submitted with the Notification of Compliance Status or a previous

periodic report, the owner or operator shall submit a supplemental

report. The supplemental report shall be submitted no later than [180

DAYS AFTER THE DATE OF PUBLICATION OF FINAL RULE IN THE Federal

Register] or with the next periodic report, whichever is later. The

report shall provide the information listed in paragraphs (d)(4)(i)

through (iv) of this section.

(i) The chemical manufacturing process unit(s) that is the origin

of all or part of the vent stream that exits the process vent.

(ii) The type(s) of unit operations (i.e., an air oxidation

reactor, distillation unit, or reactor) that creates the vent stream

that exits the process vent.

(iii) For a Group 2 process vent, the last recovery device, if any.

(iv) For a Group 1 process vent, the identity of the transferee.

* * * * *

21. The appendix to subpart G is amended by revising tables 12 and

20 to read as follows:

Appendix to Subpart G--Tables and Figures

* * * * *

Table 12.--Monitoring Requirements for Treatment Processes

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

Parameters to be

To comply with monitored Frequency Methods

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

1. Required mass removal of Table Appropriate parameters as Appropriate frequency as Appropriate methods as

8/and or Table 9 compound(s) specified in Sec. specified in Sec. specified in Sec.

from wastewater treated in a 63.143(c) and approved 63.143 and as approved 63.143 and as approved

properly operated biological by permitting authority. by permitting authority. by permitting

treatment unit Sec. 63.138(f) authority.

Sec. 63.138(g).

2. Steam stripper................ Steam flow rate.......... Continuously............ Integrating steam flow

monitoring device

equipped with a

continuous recorder.

[[Page 3184]]

Wastewater feed mass flow Continuously............ Liquid flow meter

rate. installed at stripper

influent and equipped

with a continuous

recorder.

Wastewater feed Continuously............ Liquid temperature

temperature. monitoring device

installed at stripper

influent and equipped

with a continuous

recorder.

3. Alternative monitoring Other parameters may be

parameters. monitored upon approval

from the Administrator

in accordance with the

requirements specified

in Sec. 63.151(f).

* * * * * *

*

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

Table 20.--Wastewater--Periodic Reporting Requirements for Control

Devices Used To Comply With 63.13-63.139

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

Control device Reporting requirements

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

Thermal incinerator.......... 1. Report all daily average a

temperatures that are outside the range

established in the NCS b or operating

permit and all operating days when

insufficient monitoring data are

collected.c

Catalytic incinerator........ 1. Report all daily average a

temperatures that are outside the range

established in the NCS b or operating

permit.

2. Report all daily average a temperature

differences across the catalyst bed that

are outside the range established in the

NCS b or operating permit.

3. Report all operating days when

insufficient monitoring data are

collected.c

Boiler or process heater with 1. Report all daily average a firebox

a design heat input capacity temperatures that are outside the range

less than 44 megawatts and established in the NCS b or operating

vent stream is not mixed permit and all operating days when

with the primary fuel. insufficient monitoring data are

collected.c

Flare........................ 1. Report the duration of all periods

when all pilot flames are absent.

Condenser.................... 1. Report all daily average a exit

temperatures that are outside the range

established in the NCS b or operating

permit and all operating days when

insufficient monitoring data are

collected.c

Carbon adsorber 1. Report all carbon bed regeneration

(regenerative). cycles when the total regeneration

stream mass or volumetric flow is

outside the range established in the NCS

b or operating permit.

2. Report all carbon bed regeneration

cycles during which the temperature of

the carbon bed after regeneration is

outside the range established in the NCS

b or operating permit.

3. Report all operating days when

insufficient monitoring data are

collected.c

Carbon adsorber (non- 1. Report all operating days when

regenerative). inspections not done according to the

schedule developed as specified in table

13 of this subpart.

2. Report all operating days when carbon

has not been replaced at the frequency

specified in table 13 of this subpart.

All control devices.......... 1. Report the times and durations of all

periods when the vent stream is diverted

through a bypass line or the monitor is

not operating, or

2. Report all monthly inspections that

show the valves are moved to the

diverting position or the seal has been

changed.

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

a The daily average is the average of all values recorded during the

operating day, as specified in Sec. 63.147(d).

b NCS = Notification of Compliance Status described in Sec. 63.152.

c The periodic reports shall include the duration of periods when

monitoring data are not collected for each excursion as defined in

Sec. 63.152(c)(2)(ii)(A).

* * * * *

Subpart H--National Emission Standards for Organic Hazardous Air

Pollutants for Equipment Leaks

22. Section 63.180 is amended by revising paragraph (e) to read as

follows:

Sec. 63.180 Test methods and procedures.

* * * * *

(e) When a flare is used to comply with Sec. 63.172(d), the owner

or operator shall comply with paragraphs (e)(1) through (3) of this

section. The owner or operator is not required to conduct a performance

test to determine percent emission reduction or outlet organic HAP or

TOC concentration.

(1) Conduct a visible emission test using the techniques specified

in Sec. 63.11(b)(4).

(2) Determine the net heating value of the gas being combusted,

using the techniques specified in Sec. 63.11(b)(6).

(3) Determine the exit velocity using the techniques specified in

either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where

applicable) or Sec. 63.11(b)(8), as appropriate.

* * * * *

Appendix C--[Amended]

23. Appendix C to part 63 is amended by:

a. Revising the third paragraph in section I;

b. Revising the introductory text to section III;

c. In section III.D.1, revising Eqn App.C-4 and the paragraph

preceding it;

d. In section III.D.2, revising Eqn App.C-6 and the paragraph

preceding it;

e. Adding section III.E;

f. Adding references 7 and 8 to the References section;

g. Revising Figure 1;

h. Adding Form XIII.

[[Page 3185]]

The additions and revisions read as follows:

Appendix C to Part 63--Determination of the Fraction Biodegraded

(Fbio) in a Biological Treatment Unit

I. Purpose

* * * * *

Unless otherwise specified, the procedures presented in this

appendix are designed to be applied to thoroughly mixed treatment

units. A thoroughly mixed treatment unit is a unit that is designed

and operated to approach or achieve uniform biomass distribution and

organic compound concentration throughout the aeration unit by

quickly dispersing the recycled biomass and the wastewater entering

the unit. Detailed discussion on how to determine if a biological

treatment unit is thoroughly mixed can be found in reference 7.

Systems that are not thoroughly mixed treatment units should be

subdivided into a series of zones that have uniform characteristics

within each zone. The number of zones required to characterize a

biological treatment system will depend on the design and operation

of the treatment system. Detailed discussion on how to determine the

number of zones in a biological treatment unit and examples of

determination of fbio can be found in reference 8. Each

zone should then be modeled as a separate unit. The amount of air

emissions and biodegradation from the modeling of these separate

zones can then be added to reflect the entire system.

* * * * *

III. Procedures for Determination of fbio

The first step in the analysis to determine if a biological

treatment unit may be used without being covered and vented through

a closed-vent system to an air pollution control device, is to

determine the compound-specific fbio. The following

procedures may be used to determine fbio:

(1) EPA Test Method 304A or 304B (appendix A, part 63)--Method

for the Determination of Biodegradation Rates of Organic Compounds,

(2) Performance data with and without biodegradation,

(3) Inlet and outlet concentration measurements,

(4) Batch tests,

(5) Multiple zone concentration measurements.

All procedures must be executed so that the resulting

fbio is based on the collection system and waste

management units being in compliance with the regulation. If the

collection system and waste management units meet the suppression

requirements at the time of the test, any of the procedures may be

chosen. If the collection system and waste management units are not

in compliance at the time of the performance test, then only Method

304A, 304B, or the batch test shall be chosen. If Method 304A, 304B,

or the batch test is used, any anticipated changes to the influent

of the full-scale biological treatment unit that will occur after

the facility has enclosed the collection system must be represented

in the influent feed to the benchtop bioreactor unit, or test unit.

Select one or more appropriate procedures from the five listed

above based on the availability of site specific data and the type

of mixing that occurs in the unit (thoroughly mixed or multiple

mixing zone). If the facility does not have site-specific data on

the removal efficiency of its biological treatment unit, then

Procedure 1 or Procedure 4 may be used. Procedure 1 allows the use

of a benchtop bioreactor to determine the first-order biodegradation

rate constant. An owner or operator may elect to assume the first

order biodegradation rate constant is zero for any regulated

compound(s) present in the wastewater. Procedure 4 explains two

types of batch tests which may be used to estimate the first order

biodegradation rate constant. An owner or operator may elect to

assume the first order biodegradation rate constant is zero for any

regulated compound(s) present in the wastewater. Procedure 3 would

be used if the facility has, or measures to determine, data on the

inlet and outlet individual organic compound concentration for the

biological treatment unit. Procedure 3 may only be used on a

thoroughly mixed treatment unit. Procedure 5 is the concentration

measurement test that can be used for units with multiple mixing

zones. Procedure 2 is used if a facility has or obtains performance

data on a biotreatment unit prior to and after addition of the

microbial mass. An example where Procedure 2 could be used is an

activated sludge unit where measurements have been taken on inlet

and exit concentration of organic compounds in the wastewater prior

to seeding with the microbial mass and start-up of the unit. The

flow chart in figure 1 outlines the steps to use for each of the

procedures.

* * * * *

D. Batch Tests (Procedure 4)

* * * * *

1. * * *

Equation App. C-3 can be integrated to obtain the following

equation:

[GRAPHIC] [TIFF OMITTED] TP20JA00.023

Where:

A=GKeqKs+QmVX

B=GKeq

So=test compound concentration at t=0

* * * * *

2. * * *

Equation App. C-5 can be solved analytically to give:

[GRAPHIC] [TIFF OMITTED] TP20JA00.024

E. Multiple Zone Concentration Measurements (Procedure 5)

Procedure 5 is the concentration measurement method that can be

used to determine the fbio for units that are not thoroughly

mixed and thus have multiple zones of mixing. As with the other

procedures, proper determination of fbio must be made on a

system as it would exist under the rule. For purposes of this

calculation, the biological unit must be divided \1\ into zones with

uniform characteristics within each zone. The number of zones that is

used depends on the complexity of the unit. Reference 8, ``Technical

Support Document for the Evaluation of Aerobic Biological Treatment

Units with Multiple Mixing Zones,'' is a source for further information

concerning how to determine the number of zones that should be used for

evaluating your unit. The following information on the biological unit

must be available to use this procedure: basic unit variables such as

inlet and recycle wastewater flow rates, type of agitation, and

operating conditions; measured representative organic compound

concentrations in each zone and the inlet and outlet; and estimated

mass transfer coefficients for each zone. The estimated mass transfer

coefficient for each compound in each zone is obtained from Form II

using the characteristics of each zone. A computer model may be used.

If the Water7 model

[[Page 3186]]

or the most recent update to this model is used, then use Form II-A to

calculate KL. The TOXCHEM or BASTE model may also be used to calculate

KL for the biological treatment unit, with the stipulations listed in

Procedure 304B. Compound concentration measurements for each zone are

used in Form XIII to calculate the fbio. A copy of Form XIII

is completed for each of the compounds of concern treated in the

biological unit.

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

\1\ This is a mathematical division of the actual unit; not

addition of physical barriers.

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

* * * * *

References

* * * * *

7. Technical Support Document for Evaluation of Thoroughly Mixed

Biological Treatment Units. November 1998.

8. Technical Support Document for the Evaluation of Aerobic

Biological Treatment Units with Multiple Mixing Zones.

* * * * *

BILLING CODE 6560-50-U

[GRAPHIC] [TIFF OMITTED] TP20JA00.025

[[Page 3187]]

[GRAPHIC] [TIFF OMITTED] TP20JA00.026

[FR Doc. 1070 Filed 1-19-00; 8:45am]

BILLING CODE 6560-50-C