[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Rules and Regulations]
[Pages 18026-18030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8198]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5182-7]
RIN 2060-AC19
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: Direct final rule.
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SUMMARY: This action corrects errors and clarifies regulatory text of
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,'' which was issued as a
final rule on April 22, 1994 and June 6, 1994. This rule is commonly
known as the Hazardous Organic NESHAP or the HON.
EFFECTIVE DATE: The direct final rule will be effective May 22, 1995,
unless significant, adverse comments are received by May 10, 1995. If
significant, adverse comments are timely received on any provision of
the direct final rule, that provision of the direct final rule will be
withdrawn and only those provisions on which no such adverse comments
are received will become effective on May 22, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Emission Standards
Division (MD-13), U.S. Environmental Protection Agency, Office of Air
Quality Planning and Standards, Research Triangle Park, North Carolina
27711, telephone number (919) 541-5254.
SUPPLEMENTARY INFORMATION: If significant adverse comments are timely
received on any provision of this direct final rule, all such comments
will be addressed in a subsequent final rule based on those provisions
of the proposed rule contained in the Proposed Rules Section of this
Federal Register that is identical to this direct final rule. Such
provisions will be withdrawn from the Direct Final Rule. Provisions of
the Direct Final Rule that do not receive timely significant adverse
comment will become final 40 days from today's Federal Register Notice.
If no significant adverse comments are timely filed on any provision of
this direct final rule then the entire direct final rule will become
effective 40 days from today's Federal Register notice and no further
action is contemplated on the parallel proposal published today.
On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196),
the Environmental Protection Agency (EPA) promulgated in the Federal
Register national emission standards for hazardous air pollutants
(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.
This document corrects several oversights in the drafting of
subparts F, H, and I of the final regulation. Also, several definitions
are being added to subparts H and I to clarify the intent of certain
provisions in these subparts. These changes do not significantly modify
the requirements of the regulation.
I. Description of Changes
A. Compliance Dates for Emission Points at Existing Sources Affected by
Operational Changes
Subparts F and G established administrative procedures to address
operational changes that were believed likely to occur at SOCMI
facilities. These procedures specify the notification and approval
requirements for each type of change as well as the compliance date for
equipment affected by the change. When these provisions
(Sec. 63.100(l)) were drafted the need to include surge control vessels
and bottoms receivers in the list of potential changes was not
recognized. Because the nature of the equipment changes required for
control of surge control vessels and bottoms receivers is similar to
that required for compliance with subpart G, similar compliance times
need to be provided for surge control vessels and bottoms receivers.
Therefore, the provisions in paragraphs (l)(4) and (l)(4)(ii) in
Sec. 63.100 are being revised to include surge control vessels and
bottoms receivers. [[Page 18027]]
B. Startup/Shutdown/Malfunction Plan
The EPA has received numerous inquiries regarding the applicability
of the startup/shutdown/malfunction plan required by Sec. 63.6(e) of
subpart A to equipment subject to the provisions of subpart H.
Questions raised include whether the plan only applies to control
devices used to comply with the requirements of subpart H or if the
plan must also address equipment such as valves and pumps, and if so,
how would such equipment be included in the plan.
The EPA intended the startup/shutdown/malfunction plan to apply
only to control devices used to comply with subpart H. However, EPA
also thought that some owners or operators might choose to use the
startup/shutdown/malfunction plan to specify various conditions that
would justify delay of repair for equipment such as pumps or valves. To
clarify this point, table 3 of subpart F is being amended to include a
comment on how the provisions concerning startup/shutdown/malfunction
plans apply to equipment subject to subpart H. This same comment is
being added to subpart I as a new paragraph Sec. 63.192(b)(6)(ii).
C. Applicability of Subpart H Limited to Process Lines
A new paragraph is being added to the applicability section of
subpart H (Sec. 63.160) to clarify that only lines and equipment
containing process fluid are subject to this subpart. The new paragraph
merely incorporates into the rule the intent expressed in the preamble
to the proposed rule. This provision had not previously been included
in subpart H because it had been considered unnecessary. This provision
is being added now due to a number of concerns regarding clarity of
applicability of section 112(g) case-by-case review requirements to
this equipment.
D. Definitions
Two definitions are being added to subpart H and the definition for
``duct work'' in subparts G and H is being revised. A definition for
``closed-purge system'' is being added to clarify terminology in the
rule and to better express the Regulatory Negotiation Committee's
(Committee) intent regarding the requirements for sampling connection
systems. In Committee discussions on the provisions for sampling
connection systems, the Committee recognized the need to provide
compliance options that would be appropriate for a wide range of
operating conditions and processes. The Committee used the terminology
``closed-purge system'' to refer to systems where the liquid sample
purge was captured in a container and then returned to the process.
This kind of system was envisioned as being the compliance option for
processes handling heavy liquids particularly polymer processes, for
low pressure lines, and where closed-loop sampling presented safety
concerns. The terminology ``closed-loop sampling system'' was used to
refer to a system where the purged fluid is returned to the process at
a point of lower pressure. A throttle valve or other device is commonly
used to induce the pressure drop across the sample loop. These systems
can be used in higher pressure lines and with light liquids and
materials that do not polymerize upon exiting the process equipment.
The Committee included a definition for ``closed-loop system'' in
the rule to distinguish it from ``closed-purge system''. A definition
for ``closed purge system'' was not included because it was thought
that the meaning would be understood from the terminology alone and the
definition of ``closed-loop system''. Due to numerous questions
regarding the meaning of this term and how it differs from ``closed-
loop system'', EPA believes that it is necessary to add a definition to
clarify intent.
A definition for ``pressure relief device or valve'' is being added
because EPA has received inquiries from industry as well as from State
agencies regarding the applicability of the provisions of Sec. 63.165
to atmospheric storage vessels. Pressure/vacuum vents on atmospheric
storage vessels are typically actuated when the vessel is filled or
emptied and due to pressure changes resulting from diurnal temperature
changes. The provisions of Sec. 63.165 were never intended to apply to
these cases and are not appropriate for these vessels. The provisions
of Sec. 63.165 were designed to ensure that pressure relief devices on
process lines properly reseat after relieving a system overpressure.
Pressure relief devices are safety devices commonly used to prevent
operating pressures from exceeding the maximum allowable working
pressure of the process equipment. These pressure relief devices do not
open under vacuum. The added definition for ``pressure relief device or
valve'' is based on the type of equipment that EPA intended to regulate
and considered in the development of the equipment leak standards
(e.g., subparts VV, GGG, and KKK of 40 CFR part 60) as well as industry
practice. The definition also explicitly excludes vacuum actuated
devices as well as low pressure actuated relief devices. The 2.5 pounds
per square inch gauge (psig) set pressure specified in the definition
is based on the American Petroleum Institute (API) pressure rating for
atmospheric pressure tanks. Operation at higher pressures or vacuums
may cause damage to the tank.
The EPA is revising the definition of ``duct work'' in order to
more specifically designate the intended equipment. The term ``duct
work'' is presently defined in the rule as ``a conveyance system that
does not meet the definition of hard piping.'' The EPA recognizes that
this definition is too broad and can be misconstrued as applying to
tank trucks, rail cars, or anything that conveys that is not hard
piping. The term ``duct work'' was intended to designate systems for
conveyance of gases like those commonly used for heating and
ventilation systems. These systems are commonly constructed of sheet
metal and have sections connected by screws or crimping. The revised
definition uses this description to more specifically identify the
types of systems EPA considers more likely to develop leaks and thus
identify those systems where annual inspection with an instrument that
meets the specifications of Method 21 is appropriate.
The definition for ``Research and Development Facility'' was
inadvertently omitted from subpart I when the applicability provisions
for the non-SOCMI processes was separated from those for the SOCMI
processes. The definition for ``Research and Development Facility'' in
Sec. 63.101 of subpart F is being added to Sec. 63.191 of subpart I to
correct this oversight.
E. Miscellaneous Changes
Paragraph (b) of 63.160 is being revised to clarify that this
override of existing equipment leak rules only applies after the source
must comply with subpart H. The EPA has recently learned that some
people have interpreted the rule to allow suspension of compliance with
applicable part 60 or 61 equipment leak rules even though the subpart H
compliance date had not occurred yet. The Committee's intent with this
provision was to avoid duplication of effort. Owing to the confusion
surrounding the present language, EPA is correcting the drafting of
this paragraph.
Paragraph (a) of Sec. 63.169 of subpart H is revised to clarify
that there must be potential for discharge to the atmosphere before
repair is required. It is necessary to clarify this point because there
are processes where pressure relief [[Page 18028]] devices discharge
into a lower pressure section of the process and there are no emissions
to the atmosphere. The EPA is clarifying the language in Sec. 63.169(a)
to avoid unnecessary repair actions and recordkeeping. This
clarification does not alter the requirement for documentation of
proper reseating of pressure relief devices or valves that vent to the
atmosphere.
The EPA is also correcting paragraph (b) of Sec. 63.169 by adding
the leak definition for pumps in polymerizing monomer service. Section
63.169(b) presently defines a leak for pumps in heavy liquid service as
2,000 parts per million (ppm) regardless of the material handled. The
EPA believes that use of the 2,000 ppm leak definition for all pumps in
heavy liquid service was a drafting oversight since it was the
Committee's judgment in establishing the standard for pumps in light
liquid service that 5,000 ppm represented best performance
(Sec. 63.163(b)(2)(iii)) for pumps handling polymerizing monomers.
The recordkeeping requirement for owners or operators who elect to
adjust monitoring frequency by time in use was inadvertently included
with the recordkeeping requirements for pressure testing of equipment
(Sec. 63.181(e)(2)). This requirement is only relevant for those batch
processes for which the owner or operator elects compliance using the
leak detection and repair program in Sec. 63.178(c). Most of the
recordkeeping requirements for Sec. 63.178(c) are presented in
Sec. 63.181(b)(9). Therefore, paragraph (e)(2) is being redesignated as
paragraph (b)(9)(ii). Section 63.181(e)(2) is being reserved to avoid
renumbering the rest of paragraph (e).
The EPA has recently received several inquiries regarding the time
period to be covered in the first semiannual report. The concern is
that Sec. 63.182(d)(1) appears to require the periodic report to
include a summary of the monitoring information for the period on the
day that the report is due. Thus, the owners and operators of sources
subject to subpart H would have no time to compile, analyze, and
organize the raw data for the report. The EPA intended to provide
owners and operators of sources subject to subpart H 90 days to
compile, analyze, and organize data for the periodic reports. The
present wording of Sec. 63.182(d)(1) does not clearly communicate that
intent. Therefore, Sec. 63.182(d)(1) is being amended by adding two
sentences to specify that the first periodic report shall cover the
first 6-month period from the compliance date and that each subsequent
report would cover the 6-month period from the last report.
The EPA has also recently determined that a reporting requirement
that was intended for screwed connectors subject to Sec. 63.174(c) was
inadvertently retained in the final rule. During consideration of
public comments on the proposed rule, EPA had decided to remove the
requirements for separate recordkeeping and reporting for screwed
connectors in order to reduce the burden of the rule. Due to an
oversight Secs. 63.182(d)(2) (x) and (xii) were not removed as
intended. The EPA is, therefore, correcting this oversight by removing
Secs. 63.182(d)(2) (x) and (xii). These paragraphs are being reserved
to avoid renumbering the paragraph.
II. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of the actions taken by this final rule is available only on the filing
of a petition for review in the U.S. Court of Appeals for the District
of Columbia Circuit within 60 days of today's publication of this
action. Under section 307(b)(2) of the CAA, the requirements that are
subject to today's notice may not be challenged later in civil or
criminal proceedings brought by EPA to enforce these requirements.
III. Administrative
A. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP were submitted to and approved by the Office of
Management and Budget (OMB). A copy of this Information Collection
Request (ICR) document (OMB control number 1414.02) may be obtained
from Sandy Farmer, Information Policy Branch (PM-223Y); U.S.
Environmental Protection Agency; 401 M Street, SW; Washington, DC 20460
or by calling (202) 260-2740.
Today's changes to the NESHAP should have no impact on the
information collection burden estimates made previously. The changes
consist of new definitions and clarifications of requirements; not
additional requirements. Consequently, the ICR has not been revised.
B. Executive Order 12866 Review
The HON rule promulgated on April 22, 1994 was considered
``significant'' under Executive Order 12866 and a regulatory impact
analysis (RIA) was prepared. The amendments issued today clarify the
rule and do not add any additional control requirements. The EPA
believes that these amendments would have a negligible impact on the
results of the RIA and the change is considered to be within the
uncertainty of the analysis.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires the identification
of potentially adverse impacts of Federal regulations upon small
business entities. The Act specifically requires the completion of a
Regulatory Flexibility Analysis in those instances where small business
impacts are possible. Because this rulemaking imposes no adverse
economic impacts, a Regulatory Flexibility Analysis has not been
prepared.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: March 28, 1995.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63 subparts F, H, and I of the Code of Federal Regulations are
corrected as follows:
1. The authority citation for part 63 continues to read as follows:
Authority: sections 101, 112, 114, 116, and 301 of the Clean Air
Act (42 U.S.C. 7401, et seq., as amended by Pub. L. 101-549, 104
Stat. 2399).
Subpart F--National Emission Standards for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical Manufacturing
Industry
2. Section 63.100 is corrected by revising the first sentence of
paragraph (l)(4) introductory text and by revising paragraph
(l)(4)(ii)(B) to read as follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(l) * * *
(4) If an additional chemical manufacturing process unit is added
to a plant site, or if an emission point is added to an existing
chemical manufacturing process unit, or if another deliberate
operational process change creating an additional Group 1 emission
point(s) is made to an existing chemical manufacturing process unit, or
if a surge control vessel or bottoms receiver becomes subject to
Sec. 63.170 of subpart H, or if a compressor becomes subject to
Sec. 63.164 of subpart H, and if the addition or change is not subject
to the new source requirements as determined according to paragraphs
(l)(1) or (l)(2) of this section, the [[Page 18029]] requirements in
paragraphs (l)(4)(i) through (l)(4)(iii) of this section shall apply. *
* *
(ii) * * *
(B) If a deliberate operational process change to an existing
chemical manufacturing process unit causes a Group 2 emission point to
become a Group 1 emission point, if a surge control vessel or bottoms
receiver becomes subject to Sec. 63.170 of subpart H, or if a
compressor becomes subject to Sec. 63.164 of subpart H, the owner or
operator shall be in compliance upon initial start-up or by 3 years
after April 22, 1994, whichever is later, unless the owner or operator
demonstrates to the Administrator that achieving compliance will take
longer than making the change. If this demonstration is made to the
Administrator's satisfaction, the owner or operator shall follow the
procedures in paragraphs (m)(1) through (m)(3) of this section to
establish a compliance date.
* * * * *
Table 3 of Subpart F--[Amended]
3. In Table 3 of subpart F, is the entry for ``63.6(e)'' is amended
by adding two sentences in the ``Comment'' column to read as follows:
Table 3 to Subpart F--General Provisions Applicability to Subpart F, G
and H
* * * * *
------------------------------------------------------------------------
Applies to Subparts
Reference F, G, and H Comment
------------------------------------------------------------------------
* * * *
* * *
63.6(e)............. Yes................. * * * For subpart H, the
startup, shutdown, and
malfunction plan
requirement of Sec.
63.6(e)(3) is limited to
control devices subject to
the provisions of subpart H
and is optional for other
equipment subject to
subpart H. The startup,
shutdown, and malfunction
plan may include written
procedures that identify
conditions that justify a
delay of repair.
* * * *
* * *
------------------------------------------------------------------------
Subpart G--National Emission Standards for Organic Hazardous Air
Pollutants from Synthetic Organic Chemical Manufacturing Industry
Process Vents, Storage Vessels, Transfer Operations, and Wastewater
4. Section 63.111 is amended by revising the definition for ``duct
work'' to read as follows:
Sec. 63.110 Definitions.
* * * * *
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
* * * * *
Subpart H--National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks.
5. Section 63.160 is amended by removing paragraph (d),
redesignating paragraph (c) as paragraph (d); by revising paragraph
(b); by adding and reserving a new paragraph (c), and by adding a new
paragraph (e) to read as follows:
Sec. 63.160 Applicability and designation of source.
* * * * *
(b) After the compliance date for a process unit, equipment to
which this subpart applies that are also subject to the provisions of:
(1) 40 CFR part 60 will be required to comply only with the
provisions of this subpart.
(2) 40 CFR part 61 will be required to comply only with the
provisions of this subpart.
* * * * *
(e) Except as provided in any subpart that references this subpart,
lines and equipment not containing process fluids are not subject to
the provisions of this subpart. Utilities, and other non-process lines,
such as heating and cooling systems which do not combine their
materials with those in the processes they serve, are not considered to
be part of a process unit.
* * * * *
6. Section 63.161 is amended by adding in alphabetical order
definitions for ``closed-purge system'' and ``pressure relief device''
and by revising the definition for ``duct work'' to read as follows:
* * * * *
Sec. 63.161 Definitions.
* * * * *
Closed-purge system means a system or combination of system and
portable containers, to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
* * * * *
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
* * * * *
Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable
working pressure of the process equipment. A common pressure relief
device is a spring-loaded pressure relief valve. Devices that are
actuated either by a pressure of less than or equal to 2.5 psig or by a
vacuum are not pressure relief devices.
* * * * *
7. Section 63.169 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 63.169 Standards: Pumps, valves, connectors, and agitators in
heavy liquid service; instrumentation systems; and pressure relief
devices in liquid service.
(a) Pumps, valves, connectors, and agitators in heavy liquid
service, pressure relief devices in light liquid or heavy liquid
service, and instrumentation systems shall be monitored within 5
calendar days by the method specified in Sec. 63.180(b) of this subpart
if evidence of a potential leak to the atmosphere is found by visual,
audible, olfactory, or any other detection method. If such a potential
leak is repaired as required in paragraphs (c) and (d) of this section,
it is not necessary to monitor the system for leaks by the method
specified in Sec. 63.180(b) of this subpart.
(b) If an instrument reading of 10,000 parts per million or greater
for agitators, 5,000 parts per million or greater for
[[Page 18030]] pumps handling polymerizing monomers, 2,000 parts per
million or greater for pumps in food/medical service or pumps subject
to Sec. 63.163(b)(iii)(C), or 500 parts per million or greater for
valves, connectors, instrumentation systems, and pressure relief
devices is measured, a leak is detected.
* * * * *
8. Section 63.181 is amended by redesignating paragraph (b)(9) as
paragraph (b)(9)(i), by redesignating paragraph (e)(2) as paragraph
(b)(9)(ii), and by reserving paragraph (e)(2).
Sec. 63.181 Recordkeeping requirements.
9. Section 63.182 is amended by adding two sentences to paragraph
(d)(1) and by removing and reserving paragraphs (d)(2)(x) and (xii) to
read as follows:
Sec. 63.182 Reporting requirements.
* * * * *
(d) * * *
(1) * * * The first periodic report shall cover the first 6 months
after the compliance date specified in Sec. 63.100(k)(3) of subpart F.
Each subsequent periodic report shall cover the 6 month period
following the preceding period.
* * * * *
Subpart I--National Emission Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated
Regulation for Equipment Leaks.
10. Section 63.191 is amended by adding in alphbertical order a
definition for ``research and development facility'' to paragraph (b)
to read as follows:
Sec. 63.191 Definitions.
(b) * * *
Research and development facility means laboratory and pilot plant
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and is not engaged
in the manufacture of products except in a deminimis manner.
* * * * *
11. Section 63.192 is amended by redesignating paragraph (b)(6) as
paragraph (b)(6)(i) and adding paragraph (b)(6)(ii) to read as follows:
Sec. 63.192 Standard.
* * * * *
(b) * * *
(6)(i) * * *
(ii) The operational and maintenance requirements of Sec. 63.6(e).
The startup, shutdown, and malfunction plan requirement of
Sec. 63.6(e)(3) is limited to control devices subject to the provisions
of subpart H of part 63 and is optional for other equipment subject to
subpart H. The startup, shutdown, and malfunction plan may include
written procedures that identify conditions that justify a delay of
repair.
* * * * *
[FR Doc. 95-8198 Filed 4-7-95; 8:45 am]
BILLING CODE 6560-50-P
