[Federal Register Volume 63, Number 91 (Tuesday, May 12, 1998)]
[Rules and Regulations]
[Pages 26078-26082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12579]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6011-6]
RIN 2060-AC19
National Emission Standards for Hazardous Air Pollutants for
Source Categories; Organic Hazardous Air Pollutants From the Synthetic
Organic Chemical Manufacturing Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule: Amendments.
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SUMMARY: This action promulgates final amendments to the National
Emission Standards for Hazardous Air Pollutants for Source Categories;
Organic Hazardous Air Pollutants from the Synthetic Organic Chemical
Manufacturing Industry (SOCMI) by adding tetrahydrobenzaldehyde (THBA)
and crotonaldehyde to, and removing acetaldol from, the list of
chemical production processes. The amendment also establishes a
separate compliance date of 3 years from final action for subparts F
and G of part 63 and 1 year from final action for subpart H of part 63
for the THBA and crotonaldehyde production processes. The EPA is also
making a change to clarify compliance demonstration requirements for
flexible operation units.
This action implements section 112(d) of the Clean Air Act as
amended in 1990 (the Act), which requires the Administrator to regulate
emissions of hazardous air pollutants (HAP) listed in section 112(b) of
the Act. The intended effect of this rule is to protect the public by
requiring new and existing major sources to control emissions of HAP to
the level reflecting application of the maximum achievable control
technology. This action also amends the initial list of source
categories of HAP required by section 112(c) of the Act by removing
THBA production from the list of categories of major sources.
EFFECTIVE DATE: May 12, 1998.
FOR FURTHER INFORMATION CONTACT: For information concerning this action
contact Mr. John Schaefer at (919) 541-0296, Organic Chemicals Group,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities and Background Information
A. Regulated Entities
The regulated category and entities affected by this action
include:
------------------------------------------------------------------------
Category Regulated entities
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Industry.......................... Facilities that produce
tetrahydrobenzaldehyde; facilities
that produce crotonaldehyde.
Synthetic organic chemical
manufacturing industry (SOCMI)
units, e.g., producers of benzene,
toluene, or any other chemical
listed in Table 1 of 40 CFR part
63, subpart F.
------------------------------------------------------------------------
This table is not intended to be exhaustive but, rather, provides a
guide for readers regarding entities likely to be interested in the
revisions to the regulation affected by this action. Entities
potentially regulated by the HON are those which produce as primary
intended products any of the chemicals listed in table 1 of 40 CFR part
63, subpart F or facilities producing THBA or crotonaldehyde and that
are located at facilities that are major sources as defined in section
112 of the Clean Air Act (CAA). To determine whether your facility is
regulated by this action, you should carefully examine all of the
applicability criteria in 40 CFR 63.100. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
With today's action, EPA is making production of THBA and
crotonaldehyde subject to subparts F, G, and H of 40 CFR Part 63.
Subparts F, G, and H of 40 CFR Part 63 establish National Emission
Standards for Hazardous Air Pollutants (NESHAP) for the Synthetic
Organic Chemical Manufacturing Industry (SOCMI) (57 FR 62607). This
rule is commonly referred to as the hazardous organic NESHAP or the
HON. The HON rule applies to SOCMI facilities located at major sources
and affects approximately 310 facilities nationwide. These SOCMI
facilities include those that produce one or more of the synthetic
organic chemicals listed in Table 1 of Subpart F and that either (1)
use an organic HAP as a reactant or (2) produce an organic HAP in the
process. Emission points within these facilities affected by the rule
are process vents, storage vessels, transfer operations, equipment
leaks, and wastewater collection systems. Processes producing THBA were
not included on the list of SOCMI processes to be regulated under the
HON. Crotonaldehyde production was removed from the list of SOCMI
processes to be regulated by the HON when the rule was issued in April
1994. Crotonaldehyde production was deleted because available
information indicated that this chemical was no longer produced in the
United States. Because EPA has since learned that crotonaldehyde is
still produced in the United States, in today's action EPA is adding
crotonaldehyde production to the HON.
II. Summary of Changes to Rule
A. Addition of THBA Production
Tetrahydrobenzaldehyde production was included as a source of HAP
emissions under the source category of butadiene dimers production on
the initial list of source categories selected for regulation under
Section 112(c) of the Act published on July 16, 1992 (57 FR 31576) and
was scheduled for control by November 1997 on the section 112(e) source
category schedule (58 FR 63941). Although the initial source category
list clearly identified THBA production as being included in the
butadiene dimers production source category, the butadiene dimers name
was a misnomer. Consequently, the butadiene dimers production source
category was changed to tetrahydrobenzaldehyde production by a source
category list maintenance action finalized on June 4, 1996 (61 FR
28197). Today's action will add THBA production to the list of HON-
affected chemicals.
THBA is produced by reacting 1,3-butadiene and acrolein together.
Both 1,3-butadiene and acrolein are HAPs
[[Page 26079]]
and are emitted during the production process. At this time, only one
facility in the nation manufactures THBA, and it is not expected that
additional facilities will begin producing THBA. The THBA production
unit is co-located with other SOCMI production units to which the HON
is applicable. In addition, the emissions points and air pollution
control measures applied are identical to those encountered in these
co-located SOCMI units.
THBA is used in the manufacture of paint additives. The product is
similar to other SOCMI products on the list of HON-affected chemicals
in that it is an intermediate organic chemical used in the manufacture
of other organic chemicals. The production of THBA was not included in
the HON initially, because EPA was unaware of THBA's similarities to
other SOCMI chemicals. Had EPA been aware of these similarities THBA
would have been included in the list of affected HON chemicals in the
initial HON rulemaking and subject to the requirements in the HON.
The EPA considers THBA production to be a batch process for
purposes of equipment leaks since, the process operates over only a
short operating cycle before experiencing significant fouling
(plugging) in the reaction system, requiring the system to be shutdown
and the equipment cleaned. Due to the frequent shutdown and equipment
cleaning cycle, the process is classified as a batch process for
purposes of subpart H.
The effect of today's action is twofold. First, it subjects
facilities manufacturing THBA to the provisions of 40 CFR part 63,
subparts F, G, and H. Although an assessment of the impacts
(environmental, cost, economic, or other) associated with this action
has not been conducted, the EPA believes that the impact on the THBA
production unit will be no more or less severe than those imposed on
the other SOCMI production processes already affected. Second, it
overrides the need to write a separate regulation for the THBA
production source category. Consequently, the THBA production source
category is being removed from the list of HAP-emitting source
categories published pursuant to Section 112(c) of the Act because it
is being subsumed under the HON rule. The EPA does not believe that the
development of a separate rule for this source category is justified or
would result in a different control level than that required under the
HON. Today's action is consistent with the source category schedule,
which requires regulation of THBA production (originally listed as
butadiene dimers production) by November 1997.
With respect to the issue of whether the addition of the THBA
production source category to the population of SOCMI sources regulated
by the HON would alter the maximum achievable control technology (MACT)
determinations made for the HON rule, it has been concluded that since
the emission points and air pollution control measures at the only
facility known to manufacture THBA are similar to those at other SOCMI
sources, the HON MACT floor determination would be unaffected.
This action establishes compliance dates for THBA production units
of 1 year from the date this action is published for subpart H of this
part and 3 years from the date this action is published for subparts F
and G of this part. The compliance date of three years from the date of
this action for compliance with subparts F and G of this part is to
allow time for retrofitting of controls and evaluation of control
requirements in the one known facility. A facility has one year from
today for compliance with subpart H of this part. One year is believed
to provide sufficient time to establish the equipment leak monitoring
program and recordkeeping system. These time periods are consistent
with the compliance times provided for sources originally subject to
the HON rule.
B. Addition of Crotonaldehyde Production and Removal of Acetaldol
Production
Today's action adds crotonaldehyde production to the chemical
production processes subject to the HON and establishes a new
compliance date for crotonaldehyde chemical manufacturing process
units. In addition, today's action removes acetaldol production
processes from the applicability of the HON by removing this chemical
from table 1 of subpart F.
In the April 22, 1994 rule, EPA made several changes to the
proposed lists of chemical products to correct errors and to remove
chemicals no longer commercially produced in the United States. One of
the chemical products removed from the list of SOCMI chemicals in the
April 1994 notice, based upon the belief that it was no longer
commercially produced in the United States, was crotonaldehyde. Since
April 1994, EPA has learned that this removal was an error because
crotonaldehyde is produced by at least one facility in the United
States. The EPA has also learned that acetaldol, which was retained on
table 1 of subpart F in the April 1994 rule, is an unstable
intermediate which is used to produce either crotonaldehyde or 1,3-
butylene glycol, and is therefore not itself a product appropriate for
inclusion on table 1 of subpart F. Based on the January 17, 1997
amendments to the HON (62 FR 2721), EPA believes that acetaldol
production operations are more appropriately considered unit operations
part of crotonaldehyde or 1,3-butylene glycol chemical manufacturing
process units. Therefore, the EPA is revising table 1 of subpart F by
removing acetaldol. Crotonaldehyde production is being added to subpart
F as a regulated process. No action is needed for 1,3-butylene glycol
because that chemical is already listed in table 1 of subpart F.
This action creates a new compliance date for crotonaldehyde
chemical production process units because of the confusion caused by
listing a nonisolated intermediate chemical product instead of the
correct final product. The new compliance date is 3 years from today
for compliance with subparts F and G of this part to allow time for
retrofitting of controls and evaluation of control requirements in the
one known facility. A compliance date of 1 year from today is being
used for compliance with subpart H of this part. One year is believed
to provide sufficient time to establish the equipment leak monitoring
program and recordkeeping system. These time periods are consistent
with the compliance times provided for sources originally subject to
the HON rule.
C. Clarification of Compliance Demonstration Requirements for Flexible
Operation Units
In today's action, EPA is adding a new paragraph (b)(6) to
Sec. 63.103 of subpart F to clarify the compliance demonstration
requirements for flexible operation units. This amendment revises the
rule to clarify that performance tests and monitoring parameter ranges
are to be based on operating conditions present during production of
the primary product. The April 1994 rule was not clear on this point
due to a drafting oversight. This change is being added because some
owners and operators have expressed concerns that the rule could be
interpreted as requiring installation of additional controls for
periods when the flexible operation unit is producing a product other
than the primary product. It is not the EPA's intent that the rule be
interpreted in this manner. Therefore, for the purposes of compliance
with this rule, additional controls are not required when producing
products other than the primary product. The EPA has also
[[Page 26080]]
recently learned that there are questions whether the rule requires
owners or operators to develop parameter monitoring ranges appropriate
for each product produced by a flexible operation unit or to develop
parameter monitoring ranges for operating conditions during production
of the primary product of the flexible operation unit. The need for
clarification of these aspects of compliance demonstration became
apparent as facilities were completing compliance planning and
demonstration activities for the April 1997 compliance deadline. This
revision will make the rule consistent with the assumptions that EPA
used in deriving the cost (including the recordkeeping and reporting
burden) estimates used in support of the April 1994 rule. Based on
conversations with several industry representatives, EPA believes that
today's action is generally consistent with industry's understanding of
the rule. Today's clarification is not expected to increase the cost or
burden of demonstrating compliance with the HON.
D. Public Comment on the August 22, 1997 Proposal
Three comment letters were received on the August 22, 1997 Federal
Register document that proposed changes to this rule. All comments
received were from industry representatives. While the comments
received were supportive of the proposed amendments they expressed
concern with the applicability of the rule and clarity of the proposed
changes. The EPA has considered these comments and has made one minor
change to the final rule, and added additional language to the preamble
to clarify the compliance demonstration procedures for flexible
operation units. The response to these comments may be obtained over
the Internet at http://www.epa.gov/ttn or from the EPA's Technology
Transfer Network (TTN). The TTN is a network of electronic bulletin
boards operated by the Office of Air Quality Planning and Standards.
The service is free, except for the cost of a phone call. Dial (919)
541-5742 for up to a 14,400 bits per second modem. Select TTN Bulletin
Board: Clean Air Act Amendments and select menu item Recently Signed
Rules. If more information on TTN is needed, contact the systems
operator at (919) 541-5384.
III. Administrative
A. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in the rule under the
Provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0282. An Information Collection
Request (ICR) document was prepared by the EPA (ICR No. 1414.03) and a
copy may be obtained from Sandy Farmer, OPPE Regulatory Information
Division; U.S. Environmental Protection Agency (2137); 401 M St., SW.;
Washington DC 20460 or by calling (202) 260-2740.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
Today's action neither adds new respondents nor is it anticipated
to increase the number of responses. The increase in the number of
effected processing units is less than \1/2\ percent. Since this action
does not substantially change the information collection, the ICR has
not been revised.
B. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether a
regulatory action is ``significant'' and, therefore, subject to OMB
review and the requirements of the Executive Order. The Order defines
``significant'' regulatory action as one that is likely to lead to a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in State, local, or tribal governments or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The HON rule promulgated on April 22, 1994 was considered
``significant'' under Executive Order 12866, and a regulatory impact
analysis was prepared. The amendments issued today apply to one
additional process unit at two facilities. These facilities are already
well controlled. It is not certain what additional control will be
required as a result of this action. Regardless of the final assessment
of additional controls at these two facilities, the EPA believes that
application of the HON to these facilities will have a negligible
impact. The clarification of the compliance demonstration requirements
for flexible operation units is believed to be consistent with industry
understanding of the rule, and is not believed to create additional
impacts. For these reasons, the regulatory action is considered ``not
significant.''
C. Regulatory Flexibility
The EPA has determined it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. The EPA has
also determined that this rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
government jurisdictions. See the April 22, 1994 Federal Register (59
FR 19449) for the basis for this determination. This amendment to the
rule will not have a significant impact on a substantial number of
small entities. This rule will apply the requirements of the HON rule
to an additional process unit at two facilities and only imposes
negligible recordkeeping costs on those facilities. The additional
recordkeeping costs are not expected to create a burden for either of
the regulated entities. Furthermore, neither of these regulated
entities is a small business. The amendment to Sec. 63.103(b)(6) is a
clarification of an existing requirement, and this clarification is not
expected to increase control requirements or burden of the rule.
D. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the House of Representatives,
and the Comptroller General of the United States prior to publication
of the rule in the Federal Register. This rule is not a major rule as
defined by 5 U.S.C. 804(2).
E. Unfunded Mandates Reform Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), the EPA must prepare a budgetary impact
[[Page 26081]]
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate or to the private sector, of $100
million or more. Under Section 205, the EPA must select the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires the EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
The EPA has determined that today's action does not include a
Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate or
to the private sector. Therefore, the requirements of the Unfunded
Mandates Act do not apply to this action.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: May 1, 1998.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart F--National Emission Standards for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical Manufacturing
Industry
2. Section 63.100 is amended as follows:
a. By revising paragraphs (b)(1), (d) introductory text, (d)(3)
introductory text, the first sentence of paragraph (g)(2)(iii), the
first sentence of paragraph (h)(2)(iv), the first sentence of paragraph
(i)(2)(iv), (k) introductory text, (l)(1)(ii), (l)(2)(ii);
b. By adding paragraphs (b)(1)(i), (b)(1)(ii), (d)(4),
(g)(2)(iii)(A), (g)(2)(iii)(B), (h)(2)(iv)(A), (h)(2)(iv)(B),
(i)(2)(iv)(A), (i)(2)(iv)(B), and (p).
The revisions and additions read as follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(b) * * *
(1) Manufacture as a primary product one or more of the chemicals
listed in paragraphs (b)(1)(i) or (b)(1)(ii) of this section.
(i) One or more of the chemicals listed in table 1 of this subpart;
or
(ii) One or more of the chemicals listed in paragraphs
(b)(1)(ii)(A) or (b)(1)(ii)(B) of this section:
(A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
(B) Crotonaldehyde (CAS Number 123-73-9).
* * * * *
(d) The primary product of a chemical manufacturing process unit
shall be determined according to the procedures specified in paragraphs
(d)(1), (d)(2), (d)(3), and (d)(4) of this section.
* * * * *
(3) For chemical manufacturing process units that are designed and
operated as flexible operation units producing one or more chemicals
listed in table 1 of this subpart, the primary product shall be
determined for existing sources based on the expected utilization for
the five years following April 22, 1994 and for new sources based on
the expected utilization for the first five years after initial start-
up.
* * * * *
(4) Notwithstanding the provisions of paragraph (d)(3) of this
section, for chemical manufacturing process units that are designed and
operated as flexible operation units producing a chemical listed in
paragraph (b)(1)(ii) of this section, the primary product shall be
determined for existing sources based on the expected utilization for
the five years following May 12, 1998 and for new sources based on the
expected utilization for the first five years after initial start-up.
(i) The predominant use of the flexible operation unit shall be
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of
this section. If the predominant use is to produce one of the chemicals
listed in paragraph (b)(1)(ii) of this section, then the flexible
operation unit shall be subject to the provisions of this subpart and
subparts G and H of this part.
(ii) The determination of applicability of this subpart to chemical
manufacturing process units that are designed and operated as flexible
operation units shall be reported as part of an operating permit
application or as otherwise specified by the permitting authority.
* * * * *
(g) * * *
(2) * * *
(iii) If the predominant use of a storage vessel varies from year
to year, then the applicability of this subpart shall be determined
according to the criteria in paragraphs (g)(2)(iii)(A) and
(g)(2)(iii)(B) of this section, as applicable. * * *
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during
the 12-month period preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,
the applicability shall be based on the utilization that occurred
during the 12-month period preceding May 12, 1998.
* * * * *
(h) * * *
(2) * * *
(iv) If the predominant use of a loading arm or loading hose varies
from year to year, then the applicability of this subpart shall be
determined according to the criteria in paragraphs (h)(2)(iv)(A) and
(h)(2)(iv)(B) of this section, as applicable. * * *
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during
the 12-month period preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,
the applicability shall be based on the utilization that occurred
during the year preceding May 12, 1998.
* * * * *
(i) * * *
(2) * * *
(iv) If the predominant use of a distillation unit varies from year
to year, then the applicability of this subpart shall be determined
according to the criteria in paragraphs (i)(2)(iv)(A) and
(i)(2)(iv)(B), as applicable. * * *
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this
[[Page 26082]]
section, the applicability shall be based on the utilization that
occurred during the year preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,
the applicability shall be based on the utilization that occurred
during the year preceding May 12, 1998.
* * * * *
(k) Except as provided in paragraphs (l), (m), and (p) of this
section, sources subject to subparts F, G, or H of this part are
required to achieve compliance on or before the dates specified in
paragraphs (k)(1) through (k)(8) of this section.
* * * * *
(l)(1) * * *
(ii)(A) Such construction commenced after December 31, 1992 for
chemical manufacturing process units that produce as a primary product
one or more of the chemicals listed in table 1 of this subpart;
(B) Such construction commenced after August 22, 1997 for chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section;
and
* * * * *
(2) * * *
(ii)(A) Such reconstruction commenced after December 31, 1992 for
chemical manufacturing process units that produce as a primary product
one or more of the chemicals listed in table 1 of this subpart; and
(B) Such construction commenced after August 22, 1997 for chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section.
* * * * *
(p) Compliance dates for chemical manufacturing process units that
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the
provisions of paragraph (k) of this section, chemical manufacturing
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2),
and (b)(3) of this section shall be in compliance with this subpart and
subparts G and H of this part by the dates specified in paragraphs
(p)(1) and (p)(2) of this section, as applicable.
(1) If the source consists only of chemical manufacturing process
units that produce as a primary product one or more of the chemicals
listed in paragraph (b)(1)(ii) of this section, new sources shall
comply by the date specified in paragraph (p)(1)(i) of this section and
existing sources shall comply by the dates specified in paragraphs
(p)(1)(ii) and (p)(1)(iii) of this section.
(i) Upon initial start-up or May 12, 1998, whichever is later.
(ii) This subpart and subpart G of this part by May 14, 2001,
unless an extension has been granted by the Administrator as provided
in Sec. 63.151(a)(6) or granted by the permitting authority as provided
in Sec. 63.6(i) of subpart A of this part. When April 22, 1994 is
referred to in this subpart and subpart G of this part, May 12, 1998
shall be used as the applicable date for that provision. When December
31, 1992 is referred to in this subpart and subpart G of this part,
August 22, 1997 shall be used as the applicable date for that
provision.
(iii) Subpart H of this part by May 12, 1999, unless an extension
has been granted by the Administrator as provided in Sec. 63.151(a)(6)
or granted by the permitting authority as provided in Sec. 63.6(i) of
subpart A of this part. When April 22, 1994 is referred to in subpart H
of this part, May 12, 1998 shall be used as the applicable date for
that provision. When December 31, 1992 is referred to in subpart H of
this part, August 22, 1997 shall be used as the applicable date for
that provision.
(2) If the source consists of a combination of chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of
this section, new chemical manufacturing process units that meet the
criteria in paragraph (b)(1)(ii) of this section shall comply by the
date specified in paragraph (p)(1)(i) of this section and existing
chemical manufacturing process units producing crotonaldehyde and/or
tetrahydrobenzaldehyde shall comply by the dates specified in
paragraphs (p)(1)(ii) and (p)(1)(iii) of this section.
3. Section 63.103 is amended by adding paragraph (b)(6) to read as
follows:
Sec. 63.103 General compliance, reporting, and recordkeeping
provisions.
* * * * *
(b) * * *
(6) The owner or operator of a flexible operation unit shall
conduct all required compliance demonstrations during production of the
primary product. The owner or operator is not required to conduct
compliance demonstrations for operating conditions during production of
a product other than the primary product. Except as otherwise provided
in this subpart or in subpart G or subpart H of this part, as
applicable, the owner or operator shall operate each control device,
recovery device, and/or recapture device that is required or used for
compliance, and associated monitoring systems, without regard for
whether the product that is being produced is the primary product or a
different product. Except as otherwise provided in this subpart,
subpart G and/or subpart H of this part, as applicable, operation of a
control device, recapture device and/or recovery device required or
used for compliance such that the daily average of monitored parameter
values is outside the parameter range established pursuant to
Sec. 63.152(b)(2), or such that the monitoring data show operation
inconsistent with the monitoring plan established pursuant to
Sec. 63.120(d)(2) or Sec. 63.181(g)(1)(iv), shall constitute a
violation of the required operating conditions.
* * * * *
Table 1 of Subpart F [Amended]
4. Table 1 of subpart F is amended by removing the entry for
acetaldol and its associated CAS number and group number.
[FR Doc. 98-12579 Filed 5-11-98; 8:45 am]
BILLING CODE 6560-50-P
