[Federal Register Volume 61, Number 235 (Thursday, December 5, 1996)]
[Rules and Regulations]
[Pages 64572-64578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30866]
[[Page 64571]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 63
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; Final Rule
Federal Register / Vol. 61, No. 235 / Thursday, December 5, 1996 /
Rules and Regulations
[[Page 64572]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5658-5]
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; Rule Clarifications
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendments.
-----------------------------------------------------------------------
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. In June 1994, petitions for
review of the April 1994 rule were filed in the U.S. Court of Appeals
for the District of Columbia Circuit. The petitioners raised over 75
technical issues and concerns with drafting clarity of the rule. On
August 26, 1996, the EPA proposed correcting amendments to the rule to
address the petitioners' issues. Among the proposed amendments were
proposed revisions that would eliminate the need for filing some
implementation plans that would otherwise be due December 31, 1996, and
would allow the filing of requests for compliance extensions up to four
months before the April 1997 compliance date. Today's action takes
final action on those proposed amendments.
These 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 (HAP) to the level reflecting application
of the maximum achievable control technology. Final action on the rest
of the amendments proposed on August 26, 1996 will be taken in a
separate Federal Register document at a later date.
EFFECTIVE DATE: December 5, 1996.
FOR FURTHER INFORMATION CONTACT: For general questions, contact Dr.
Janet S. Meyer; Coatings and Consumer Products Group; (919) 541-5254 or
Mary Tom Kissell; Waste and Chemical Processes Group; (919) 541-4516.
The mailing address for the contacts is Emission Standards Division
(MD-13); U.S. Environmental Protection Agency; Research Triangle Park,
North Carolina 27711.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities and Background Information
A. Regulated Entities
The regulated category and entities affected by this action
include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in the
revisions to the regulation affected by this action. Entities
potentially regulated by the HON are those which produce as primary
intended products any of the chemicals listed in Table 1 of 40 CFR Part
63, subpart F and are located at facilities that are major sources as
defined in Section 112 of the Clean Air Act (CAA). To determine whether
your facility is regulated by this action, you should carefully examine
all of the applicability criteria in 40 CFR Section 63.100. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT Section.
B. Background on Rule
On April 22, 1994 (59 FR 19402) and June 6, 1994 (59 FR 29196), the
EPA published in the Federal Register the NESHAP for the 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. Since the April 22, 1994 notice, there have been
several amendments to clarify various aspects of the rule. Readers
should see the following Federal Register notices 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); and August 26, 1996 (61 FR 43698).
In June 1994, the Chemical Manufacturers Association (CMA) and Dow
Chemical Company 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. Issues were raised regarding details of the technical
requirements, drafting clarity, and structural errors in the drafting
of certain sections of the rule. On August 26, 1996, the EPA 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.
In the August 26, 1996 notice, the EPA committed to taking final
action on some portions of the proposed amendments to the rule as soon
as possible after the close of the comment period in order to give
sources as much lead time as possible. The comment period on the August
26, 1996 proposal ended on September 25, 1996. With today's action, the
EPA is taking final action on those portions of the proposed amendments
that would eliminate the need for filing some implementation plans that
would otherwise be due December 31, 1996, and would allow the filing of
requests for compliance extensions up to four months before the April
1997 compliance date.
C. Public Comment on the August 26, 1996 Proposal
Eighteen comment letters were received on the August 26, 1996
notice of proposed changes to the rule. All comment letters received
were from industry representatives and trade associations. All comment
letters were supportive of the proposed amendments pertaining to the
requirements for implementation plans and to the deadline for filing of
compliance extension requests. A few of these comment letters also
included suggested editorial revisions to further clarify some aspects
of these proposed amendments. The EPA considered these suggestions and,
where appropriate, made changes to the proposed amendments.
D. Judicial Review
Under Section 307(b)(1) of the CAA, judicial review of this final
action is available only on the filing of a petition
[[Page 64573]]
for review in the U.S. Court of Appeals for the District of Columbia
Circuit within 60 days of today's publication of this final rule. 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 the EPA to enforce these requirements.
II. Summary of Comments and Amendments to the Rule
A. Rule Changes To Eliminate the Need for Filing Implementation Plans
1. Rule Changes To Remove Requirement for Filing Implementation Plans
On August 26, 1996 the EPA proposed to remove the requirement for
submittal of implementation plans for existing sources' emission points
that are not included in an emissions average. Under the 1994 final
rule, owners or operators who have not yet submitted an operating
permit application with the information specified in Sec. 63.152(e)
were required to submit by December 31, 1996, an implementation plan
for all points not included in an emissions average. The proposed
amendments to the rule to eliminate this requirement specified that
this information would be provided in an operating permit application
or as otherwise specified by the permitting authority.
All comments on the proposed amendments supported the proposal to
remove the redundant reporting requirement. Commenters also recommended
that Sec. 63.151(a)(2) should be revised to clarify that new sources
are required to submit an implementation plan unless an operating
permit application containing the information specified in
Sec. 63.152(e) has been submitted. This correction was recommended in
order to make this paragraph consistent with Sec. 63.151(c) and thereby
eliminate the potential for misunderstandings. The EPA agrees that the
suggested correction of Sec. 63.151(a)(2) is appropriate and this
correction is included in the final amendments to this paragraph. No
editorial revisions were suggested for any of the other paragraphs
affected by this change to the rule.
Although no public comments were received requesting revisions to
other paragraphs affected by this group of amendments, the EPA has also
corrected drafting errors in proposed Sec. 63.120(d)(2) and
Sec. 63.151(c). In today's amendments, in addition to revising
Sec. 63.120(d)(2) to remove the reference to the Implementation Plan,
the EPA is revising Sec. 63.120(d)(2) to specify that the monitoring
plan for storage vessels complying using a control device must be
submitted as part of the Notification of Compliance Status. The rule
amendments proposed on August 26, 1996, required that the monitoring
plan be submitted, but did not specify when the monitoring plan had to
be submitted. The need to specify a submittal date was inadvertently
overlooked when the revisions to remove the implementation plan
requirement were considered. Because the monitoring plan specifies the
compliance monitoring requirements for storage vessels complying using
a control device, the EPA considers the Notification of Compliance
Status to be the most appropriate report for this information. This
correction also makes paragraph Sec. 63.120(d)(2) consistent with
paragraph Sec. 63.120(d)(3) which requires that the operating range for
the monitored parameter be reported in the Notification of Compliance
Status. The EPA also made minor editorial revisions to Sec. 63.151(c)
to improve the organization of this paragraph. The specific changes
made were to remove redundant text in paragraph (c)(1) and to
redesignate paragraph (c)(1)(i) as (c)(1). Under this reorganized
structure, paragraph (c)(1)(ii) is no longer reserved.
The other proposed changes to remove the requirement to file an
implementation plan are being added to the final rule without change.
Today's amendments revise all provisions that require filing of
implementation plans by December 31, 1996. Some provisions in
Secs. 63.143, 63.146, and 63.147 still refer to the implementation
plan. These sections are part of the wastewater provisions in subpart G
which the EPA anticipates will be final no later than December 31,
1996.
2. Associated Changes to Rule, Sec. 63.100(i)
In the August notice, the EPA proposed to revise paragraph (i) to
include provisions to address the assignment of dedicated distillation
units and clarify that the assignment procedure in this paragraph
applies to distillation units shared among several processes. Revisions
were also proposed to paragraph (i) to clarify the wording of the
requirement to reassess the assignment of the equipment whenever there
is a change in the use of the equipment.
Today's amendments include these clarifying changes to
Sec. 63.100(i). These changes are being made at this time because it is
not practical to remove the requirement for submittal of implementation
plans from these provisions without also finalizing these changes.
Furthermore, there were no adverse or editorial comments on the
proposed revisions to paragraph (i). Thus, the proposed changes to
paragraph (i) are being added to the final rule without change.
B. Timing of Compliance Extension Requests
The April 22, 1994 rule required that requests for compliance
extensions be submitted one year prior to the otherwise applicable
compliance date. In the August 26, 1996 Federal Register, the EPA
proposed to revise this requirement, which is in Sec. 63.151(a)(6)(i),
to allow submittal of requests up to 120 days prior to the compliance
date. The EPA also proposed to add a new paragraph (iv) to
Sec. 63.151(a)(6) that would allow requests during the last 120 days
before the compliance date if the need arose during that 120 days and
if the need was due to circumstances beyond the reasonable control of
the owner or operator. All comments were supportive of these proposed
amendments and of the rationale for these changes. None of the comments
included recommendations for editorial changes to clarify these
provisions. Thus, the proposed amendments are being added to the rule
without change.
One commenter did, however, encourage the EPA to refrain from
taking enforcement actions against applicants during the EPA's review
of the requested compliance extension. While the rule is silent on this
issue, the EPA will bear the commenter's concern in mind in reviewing
such applications. It is generally not the EPA's practice to take
enforcement action against a source that has timely filed an extension
request until the request has been acted on negatively.
C. Correction to Sec. 63.106(a)
In the August notice, the EPA proposed to correct the delegation of
authority citation in Sec. 63.106(a) to reference Section 112(l), not
Section 112(d), of the CAA. No comments were received on this proposed
change. Thus, the proposed change to Sec. 63.106(a) is being added to
the final rule without change.
III. Administrative Requirements
A. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in the rule 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
[[Page 64574]]
Request (ICR) document was prepared by EPA (ICR No. 1414.02) and a copy
may be obtained from Sandy Farmer, OPPE Regulatory Information
Division; U.S. Environmental Protection Agency (2137); 401 M St., S.W.;
Washington, DC 20460 or by calling (202) 260-2740.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
The changes listed in this Rule: Amendments to the NESHAP will have
no impact on the information collection burden estimates previously
made. Further, the changes remove redundant reporting requirement, do
not impose additional ones, and appropriately revises the deadline for
submitting compliance extension requests for this rule. Consequently,
the ICR has not been revised for this rule.
B. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether the
proposed regulatory action is ``significant'' and, therefore, subject
to OMB review and the requirements of the Executive Order. The Order
defines ``significant'' regulatory action as one that is likely to lead
to a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in State, local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The Hon rule promulgated on April 22, 1994 was considered
``significant'' under Executive Order 12866, and a regulatory impact
analysis was prepared. The amendments issued today remove a redundant
reporting requirement and revise the deadline for submitting compliance
extension requests to a date more appropriate for this rule. These
amendments do not add any new control requirements. Therefore, this
regulatory action is considered ``not significant.''
C. Regulatory Flexibility
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule. The
EPA has also determined that this rule will not have a significant
economic impact on a substantial number of small entities. See the
April 22, 1994 Federal Register (59 FR 19449) for the basis for this
determination. The changes to the rule remove a reporting requirement
and provide additional time to request compliance extensions.
Therefore, the changes do not create a burden for any of the regulated
entities.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Unfunded Mandates Reform Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), the EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate or to the private sector, of $100
million or more. Under Section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires the EPA to establish a plan for informing and advising any
small governments that may be significantly or uniquely impacted by the
rule.
The EPA has determined that the action promulgated today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate or to the private sector. Therefore, the requirements of the
Unfunded Mandates Act do not apply to this action.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: November 27, 1996.
Carol M. Browner,
Administrator.
Chapter I, Part 63 of the Code of Federal Regulations is amended as
follows:
PART 63--[AMENDED]
1. The authority citation for Part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
2. Section 63.100 is amended by revising paragraph (d)(3)(ii);
revising the last sentence in paragraph (g)(2)(iii); revising the last
sentence of paragraph (h)(2)(iv); revising paragraph (i); revising
paragraph (l)(3)(ii)(B); revising the second and third sentences in
paragraph (l)(4)(iii) introductory text and revising paragraph
(l)(4)(iii)(A); and revising paragraph (m)(2) to read as follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(d) * * *
(3) * * *
(ii) The determination of applicability of this subpart to chemical
manufacturing process units that are designed and operated as flexible
operation units shall be reported as part of an operating permit
application or as otherwise specified by the permitting authority.
* * * * *
(g) * * *
(2) * * *
(iii) * * * This determination shall be reported as part of an
operating permit application or as otherwise specified by the
permitting authority.
* * * * *
(h) * * *
(2) * * *
(iv) * * * This determination shall be reported as part of an
operating permit application or as otherwise specified by the
permitting authority.
* * * * *
(i) Except as provided in paragraph (i)(4) of this section, the
owner or operator shall follow the procedures specified in paragraphs
(i)(1) through (i)(3) and (i)(5) of this section to determine whether
the vent(s) from a distillation unit is part of the source to which
this subpart applies.
(1) Where a distillation unit is dedicated to a chemical
manufacturing process unit, the distillation column shall be considered
part of that chemical manufacturing process unit.
[[Page 64575]]
(i) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section, then the distillation unit is part of the source to which this
subpart applies.
(ii) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the distillation unit is not part of the source to
which this subpart applies.
(2) If a distillation unit is not dedicated to a single chemical
manufacturing process unit, then the applicability of this subpart and
subpart G of this part shall be determined according to the provisions
in paragraphs (i)(2)(i) through (i)(2)(iv) of this section.
(i) If the greatest input to the distillation unit is from a
chemical manufacturing process unit located on the same plant site,
then the distillation unit shall be assigned to that chemical
manufacturing process unit.
(ii) If the greatest input to the distillation unit is provided
from a chemical manufacturing process unit that is not located on the
same plant site, then the distillation unit shall be assigned to the
chemical manufacturing process unit located at the same plant site that
receives the greatest amount of material from the distillation unit.
(iii) If a distillation unit is shared among chemical manufacturing
process units so that there is no single predominant use as described
in paragraphs (i)(2)(i) and (i)(2)(ii) of this section, and at least
one of those chemical manufacturing process units is subject to this
subpart, the distillation unit shall be assigned to the chemical
manufacturing process unit that is subject to this subpart. If more
than one chemical manufacturing process unit is subject to this
subpart, the owner or operator may assign the distillation unit to any
of the chemical manufacturing process units subject to this subpart.
(iv) If the predominant use of a distillation unit varies from year
to year, then the applicability of this subpart shall be determined
based on the utilization that occurred during the year preceding April
22, 1994. This determination shall be included as part of an operating
permit application or as otherwise specified by the permitting
authority.
(3) If the chemical manufacturing process unit to which the
distillation unit is assigned is subject to this subpart, then each
vent from the individual distillation unit shall be considered
separately to determine whether it is a process vent (as defined in
Sec. 63.101 of this subpart). Each vent that is a process vent is part
of the source to which this subpart applies.
(4) If the distillation unit is part of one of the chemical
manufacturing process units listed in paragraphs (i)(4)(i) through
(i)(4)(iii) of this section, then each vent from the individual
distillation unit shall be considered separately to determine whether
it is a process vent (as defined in Sec. 63.101 of this subpart). Each
vent that is a process vent is part of the source to which this subpart
applies:
(i) The Aromex unit that produces benzene, toluene, and xylene;
(ii) The unit that produces hexane; or
(iii) The unit that produces cyclohexane.
(5) If a distillation unit that was dedicated to a single chemical
manufacturing process unit, or that was part of a chemical
manufacturing unit identified in paragraphs (i)(4)(i) through
(i)(4)(iii) of this section, begins to serve another chemical
manufacturing process unit, or if applicability was determined under
the provisions of paragraphs (i)(2)(i) through (i)(2)(iv) of this
section and there is a change so that the predominant use may
reasonably have changed, the owner or operator shall reevaluate the
applicability of this subpart to the distillation unit.
* * * * *
(l) * * *
(3) * * *
(ii) * * *
(B) Changes that meet the criteria in Sec. 63.151(j) of subpart G
of this part, unless the information has been submitted in an operating
permit application or amendment;
* * * * *
(4) * * *
(iii) * * * A change to an existing chemical manufacturing process
unit shall be subject to the reporting requirements for existing
sources, including but not limited to, the reports listed in paragraphs
(l)(4)(iii)(A) through (E) of this section if the change meets the
criteria specified in Sec. 63.118(g), (h), (i), or (j) of subpart G of
this part for process vents or the criteria in Sec. 63.155(i) or (j) of
subpart G of this part. The applicable reports include, but are not
limited to:
(A) Reports specified in Sec. 63.151(i) and (j) of subpart G of
this part, unless the information has been submitted in an operating
permit application or amendment;
* * * * *
(m) * * *
(2) The compliance schedule shall be submitted with the report
required in Sec. 63.151(i)(2) of subpart G of this part for emission
points included in an emissions average or Sec. 63.151(j)(1) or subpart
G of this part for emission points not in an emissions average, unless
the compliance schedule has been submitted in an operating permit
application or amendment.
* * * * *
3. Section 63.102 is amended by revising paragraph (c) introductory
text and removing and reserving paragraph (c)(2) to read as follows:
Sec. 63.102 General standards.
* * * * *
(c) Each owner or operator of a source subject to this subpart
shall obtain a permit under 40 CFR part 70 or part 71 from the
appropriate permitting authority by the date determined by 40 CFR part
70 or part 71, as appropriate.
* * * * *
(2) [Reserved]
* * * * *
4. Section 63.106 is amended by revising paragraph (a) to read as
follows:
Sec. 63.106 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under Section 112(l) of the CAA, the authorities contained in
paragraph (b) of this section shall be retained by the Administrator
and not transferred to a State.
* * * * *
Subpart G--National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing
Industry for Process Vents, Storage Vessels, Transfer Operations,
and Wastewater
5. Section 63.110 is amended by revising paragraphs (e)(2)(ii)
introductory text and (f)(4)(ii) to read as follows:
Sec. 63.110 Applicability.
* * * * *
(e) * * *
(2) * * *
(ii) The owner or operator shall submit, no later than four months
before the applicable compliance date specified in Sec. 63.100 of
subpart F of this part, a request for a case-by-case determination of
requirements. The request shall include the information specified in
paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.
* * * * *
(f) * * *
(4) * * *
(ii) The owner or operator may submit, no later than four months
before the applicable compliance date specified in Sec. 63.100 of
subpart F of this
[[Page 64576]]
part, information demonstrating how compliance with 40 CFR Part 61,
subpart F, will also ensure compliance with this subpart. The
information shall include a description of the testing, monitoring,
reporting, and recordkeeping that will be performed.
* * * * *
6. Section 63.117 is amended by revising the last sentence in
paragraph (e) to read as follows:
Sec. 63.117 Process vents provisions--reporting and recordkeeping
requirements for group and TRE determinations and performance tests.
* * * * *
(e) * * * The Administrator will specify appropriate reporting and
recordkeeping requirements as part of the review of the permit
application or by other appropriate means.
* * * * *
7. Section 63.120 is amended by revising the introductory text of
paragraph (d)(2), revising paragraph (d)(2)(i), and revising the first
sentence in paragraph (d)(3)(i) to read as follows:
Sec. 63.120 Storage vessel provisions--procedures to determine
compliance.
* * * * *
(d) * * *
(2) The owner or operator shall submit, as part of the Notification
of Compliance Status required by Sec. 63.151 (b) of this subpart, a
monitoring plan containing the information specified in paragraph
(d)(2)(i) of this section and in either (d)(2)(ii) or (d)(2)(iii) of
this section.
(i) A description of the parameter or parameters to be monitored to
ensure that the control device is being properly operated and
maintained, an explanation of the criteria used for selection of that
parameter (or parameters), and the frequency with which monitoring will
be performed (e.g., when the liquid level in the storage vessel is
being raised); and either
* * * * *
(3) * * *
(i) The operating range for each monitoring parameter identified in
the monitoring plan. * * *
* * * * *
8. Section 63.122 is amended by removing and reserving paragraph
(a)(2) and revising paragraph (b) to read as follows:
Sec. 63.122 Storage vessel provisions--reporting.
(a) * * *
(2) [Reserved]
* * * * *
(b) An owner or operator who elects to comply with Sec. 63.119(e)
of this subpart by using a closed vent system and a control device
other than a flare shall submit, as part of the Monitoring Plan, the
information specified in Sec. 63.120(d)(2)(i) of this subpart and the
information specified in either Sec. 63.120(d)(2)(ii) of this subpart
or Sec. 63.120(d)(2)(iii) of this subpart.
* * * * *
Sec. 63.123 [Amended]
9. Section 63.123 is amended by removing and reserving paragraph
(b).
10. Section 63.128 is amended by revising the introductory text in
paragraph (h)(1), and revising paragraphs (h)(2) and (h)(3) to read as
follows:
Sec. 63.128 Transfer operations provisions--test methods and
procedures.
* * * * *
(h) * * *
(1) The owner or operator shall prepare, as part of the
Notification of Compliance Status required by Sec. 63.152(b) of this
subpart, a design evaluation that shall document that the control
device being used achieves the required control efficiency during
reasonably expected maximum loading conditions. This documentation is
to include a description of the gas stream which enters the control
device, including flow and organic HAP content, and the information
specified in paragraphs (h)(1)(i) through (h)(1)(v) of this section, as
applicable.
* * * * *
(2) The owner or operator shall submit, as part of the Notification
of Compliance Status required by Sec. 63.152(b) of this subpart, the
operating range for each monitoring parameter identified for each
control device. The specified operating range shall represent the
conditions for which the control device can achieve the 98-percent-or-
greater emission reduction required by Sec. 63.126(b)(1) of this
subpart.
(3) The owner or operator shall monitor the parameters specified in
the Notification of Compliance Status required in Sec. 63.152(b) of
this subpart or operating permit and shall operate and maintain the
control device such that the monitored parameters remain within the
ranges specified in the Notification of Compliance Status, except as
provided in Secs. 63.152(c) and 63.152(f) of this subpart.
11. Section 63.129 is amended by revising the last sentence in
paragraph (b); and revising paragraphs (e) and (f) to read as follows:
Sec. 63.129 Transfer operations provisions--reporting and
recordkeeping for performance tests and notification of compliance
status.
* * * * *
(b) * * * The Administrator will specify appropriate reporting and
recordkeeping requirements as part of the review of the permit
application or by other appropriate means.
* * * * *
(e) An owner or operator meeting the requirements of Sec. 63.128(h)
of this subpart shall submit, as part of the Notification of Compliance
Status required by Sec. 63.152(b) of this subpart, the information
specified in Sec. 63.128(h)(1) of this subpart.
(f) An owner or operator meeting the requirements of Sec. 63.128(h)
of this subpart shall submit, as part of the Notification of Compliance
Status required by Sec. 63.152(b) of this subpart, the operating range
for each monitoring parameter identified for each control device.
12. Section 63.151 is amended by revising the heading of the
section; revising paragraph (a)(2); revising paragraph (a)(6)(i) and
adding a new paragraph (a)(6)(iv); adding a new paragraph (a)(7);
revising paragraphs (c) introductory text and (c)(1); revising
paragraph (d)(8)(i); revising the introductory text in paragraph (e)
and revising paragraph (e)(1); revising paragraph (e)(3); revising the
introductory text in paragraph (f); revising paragraph (g)(1); revising
paragraph (h); and revising paragraph (j) to read as follows:
Sec. 63.151 Initial Notification.
(a) * * *
(2) An Implementation Plan for new sources subject to this subpart
or for emission points to be included in an emissions average, unless
an operating permit application has been submitted prior to the date
the Implementation Plan is due and the owner or operator has elected to
include the information specified in Sec. 63.152(e) in that
application. The submittal date and contents of the Implementation Plan
are specified in paragraphs (c) and (d) of this section.
* * * * *
(6) * * *
(i) For purposes of this subpart, a request for an extension shall
be submitted to the permitting authority as part of the operating
permit application or as part of the Initial Notification or as a
separate submittal. Requests for extensions shall be submitted no later
than 120 days prior to the compliance dates specified in
Sec. 63.100(k)(2), Sec. 63.100(l)(4), and Sec. 63.100(m) of
[[Page 64577]]
subpart F of this part, except as provided for in paragraph (a)(6)(iv)
of this section. The dates specified in Sec. 63.6(i) of subpart A of
this part for submittal of requests for extensions shall not apply to
sources subject to this subpart G.
* * * * *
(iv) An owner or operator may submit a compliance extension request
after the date specified in paragraph (a)(6)(i) of this section
provided the need for the compliance extension arose after that date
and before the otherwise applicable compliance date, and the need arose
due to circumstances beyond reasonable control of the owner or
operator. This request shall include, in addition to the information in
paragraph (a)(6)(ii) of this section, a statement of the reasons
additional time is needed and the date when the owner or operator first
learned of the problem.
(7) The reporting requirements for storage vessels are located in
Sec. 63.122 of this subpart.
* * * * *
(c) Each owner or operator of an existing source with emission
points that will be included in an emissions average or new source
subject to this subpart must submit an Implementation Plan to the
Administrator by the dates specified in paragraphs (c)(1) and (c)(2) of
this section, unless an operating permit application accompanied by the
information specified in Sec. 63.152(e) of this subpart has been
submitted. The Implementation Plan for emissions averaging is subject
to Administrator approval.
(1) Each owner or operator of an existing source subject to this
subpart who elects to comply with Sec. 63.112 of this subpart by using
emissions averaging for any emission points, and who has not submitted
an operating permit application accompanied by the information
specified in Sec. 63.152(e) of this subpart at least 18 months prior to
the compliance dates specified in Sec. 63.100 of subpart F of this
part, shall develop an Implementation Plan for emissions averaging. For
existing sources, the Implementation Plan for those emission points to
be included in an emissions average shall be submitted no later than 18
months prior to the compliance dates in Sec. 63.100 of subpart F of
this part.
* * * * *
(d) * * *
(8) * * *
(i) The information used to determine whether the wastewater stream
is a Group 1 or Group 2 wastewater stream.
* * * * *
(e) An owner or operator expressly referred to this paragraph shall
report, in an Implementation Plan, operating permit application, or as
otherwise specified by the permitting authority, the information listed
in paragraphs (e)(1) through (e)(5) of this section.
(1) A list designating each emission point complying with
Secs. 63.113 through 63.149 of this subpart and whether each emission
point is Group 1 or Group 2, as defined in Sec. 63.111 of this subpart.
* * * * *
(3) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping, and reporting provisions in Secs. 63.113
through 63.149 of this subpart that are applicable to each emission
point will be implemented beginning on the date of compliance.
* * * * *
(f) The owner or operator who has been directed by any section of
this subpart that expressly references this paragraph to set unique
monitoring parameters or who requests approval to monitor a different
parameter than those listed in Sec. 63.114 for process vents,
Sec. 63.127 for transfer, or Sec. 63.143 for process wastewater of this
subpart shall submit the information specified in paragraphs (f)(1),
(f)(2), and (f)(3) of this section with the operating permit
application or as otherwise specified by the permitting authority.
* * * * *
(g) * * *
(1) Requests shall be included in the operating permit application
or as otherwise specified by the permitting authority and shall contain
the information specified in paragraphs (g)(3) through (g)(5) of this
section, as applicable.
* * * * *
(h) The owner or operator required to prepare an Implementation
Plan, or otherwise required to submit a report, under paragraph (c),
(d), or (e) of this section shall also submit a supplement for any
additional alternative controls or operating scenarios that may be used
to achieve compliance.
* * * * *
(j) The owner or operator of a source subject to this subpart, for
emission points that are not included in an emissions average, shall
report to the Administrator under the circumstances described in
paragraphs (j)(1), (j)(2), and (j)(3) of this section unless the
relevant information has been included and submitted in an operating
permit application or amendment, or as otherwise specified by the
permitting authority. The information shall be submitted within 180
calendar days after the change is made or the information regarding the
change is known to the source. The update may be submitted in the next
Periodic Report if the change is made after the date the Notification
of Compliance Status is due.
(1) Whenever a deliberate change is made such that the group status
of any emission point changes. The information submitted shall include
a compliance schedule as specified in Sec. 63.100 of subpart F of this
part if the emission point becomes Group 1.
(2) Whenever an owner or operator elects to achieve compliance with
this subpart by using a control technique other than that previously
reported to the Administrator or to the permitting authority, or plans
to monitor a different parameter, or operate a control device in a
manner other than that previously reported.
(3) Whenever an emission point or a chemical manufacturing process
unit is added to a source, a written addendum to the information
submitted under paragraph (e) of this section containing information on
the new emission point shall be submitted.
13. Section 63.152 is amended by revising paragraph (a)(2);
revising paragraph (c)(4)(ii); removing paragraph (c)(5)(ii)(F); and
revising the introductory text in paragraph (e) to read as follows:
Sec. 63.152 General reporting and continuous records.
* * * * *
(a) * * *
(2) An Implementation Plan described in Sec. 63.151(c), (d), and
(e) of this subpart for existing sources with emission points that are
included in an emissions average or for new sources.
* * * * *
(c) * * *
(4) * * *
(ii) Any supplements required under Sec. 63.151(i) and (j) of this
subpart,
* * * * *
[[Page 64578]]
(e) An owner or operator subject to this subpart shall submit the
information specified in paragraphs (e)(1) through (e)(4) of this
section with the operating permit application or as otherwise specified
by the permitting authority. The owner or operator shall submit written
updates as amendments to the operating permit application on the
schedule and under the circumstances described in Sec. 63.151(j) of
this subpart. Notwithstanding, if the owner or operator has an
operating permit under 40 CFR part 70 or 71, the owner or operator
shall follow the schedule and format required by the permitting
authority.
* * * * *
[FR Doc. 96-30866 Filed 12-4-96; 8:45 am]
BILLING CODE 6560-50-P
