98-25894. National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production

[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53980-54014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25894]



[[Page 53979]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 9 and 63



National Emission Standards for Hazardous Air Pollutants for Flexible 
Polyurethane Foam Production; Final Rule

Federal Register / Vol. 63, No. 194 / Wednesday, October 7, 1998 / 
Rules and Regulations

[[Page 53980]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[FRL-6163-9]
RIN 2060-AE86


National Emission Standards for Hazardous Air Pollutants for 
Flexible Polyurethane Foam Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for new and existing plantsites that 
manufacture flexible polyurethane foam. These standards are estimated 
to reduce HAP emissions from all existing sources of flexible 
polyurethane foam manufacturing by over 12,500 Mg/yr. This represents a 
70 percent reduction from baseline. This action also promulgates 
amendments to 40 CFR part 9. 40 CFR part 9 is amended by revising the 
tables to reflect OMB approvals under the Paperwork Reduction Act.

DATES: Effective date: October 7, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Office of the 
Federal Register as of October 7, 1998.
    Compliance dates: Existing sources--October 8, 2001. New sources--
at initial start-up.

ADDRESSES: Docket. Docket No. A-95-48, containing information 
considered by the EPA in development of the promulgated standards, is 
available for public inspection between 8:00 a.m. to 5:30 p.m., Monday 
through Friday, at the following address in room M-1500, Waterside Mall 
(ground floor): U.S. Environmental Protection Agency, 401 M Street 
S.W., Washington, DC 20460, telephone number [phone]. A 
reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
applicability and rule determinations, contact the appropriate State or 
local agency representative. If no State or local representative is 
available, contact the EPA Regional Office staff listed in the 
Supplementary Information section of this preamble. For information 
concerning the analyses performed in developing this rule, contact Mr. 
David Svendsgaard, Organic Chemicals Group, Emission Standards Division 
(MD-13), Office of Air Quality Planning and Standards, U.S. EPA, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-2380, facsimile number [phone], electronic mail address 
[e-mail]''.

SUPPLEMENTARY INFORMATION: The initial notification contains general 
facility information and a brief process discription.
    Initial notification: Provide to EPA by February 4, 1999.
    Notification of compliance status: Existing sources must provide 
EPA a notification of compliance status by April 6, 2002. New sources 
must provide EPA a notification of compliance status within the 180 
days after initial start-up.
    For further information concerning applicability and rule 
determinations, contact the appropriate State or local agency 
representative. If no State or local representative is available, 
contact the following EPA Regional Office staff.

Director, Office of Environmental Stewardship, Attention: Air 
Compliance Clerk, U.S. EPA Region I (SEA), JFK Federal Building, 
Boston, MA 02203, [phone]
Umesh Dholakia, U.S. EPA Region II, 290 Broadway, New York, NY 10007-
1866, [phone]
Dianne Walker, U.S. EPA Region III (3AP11), 841 Chestnut Building, 
Philadelphia, PA 19107, [phone]
Leonardo Ceron, U.S. EPA Region IV, Atlanta Federal Center, 61 Forsyth 
Street, NE, Atlanta, GA 30303-3104, [phone]
Shaun Burke, U.S. EPA Region V (AE-17J), 77 West Jackson Street, 
Chicago, IL 60604, [phone]
John Hepola, U.S. EPA Region VI, 1445 Ross Avenue, Suite 1200, Dallas, 
TX 75202-2733, [phone]
Gary Schlicht, U.S. EPA Region VII, 726 Minnesota Avenue, Kansas City, 
KS 66101, [phone]
Heather Rooney, U.S. EPA Region VIII, 999 18th Street, Suite 500, 
Denver, CO 80202-2466, [phone]
Kenneth Bigos, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, 
CA 94105, [phone]
Andrea Wullenweber, U.S. EPA Region X, 1200 Sixth Avenue, OAQ-107, 
Seattle, WA 98101-1128, [phone]

Regulated Entities

    Entities regulated by this action are flexible polyurethane foam 
production facilities. Typically, these entities are designated as SIC 
3086. Regulated categories and entities include:

------------------------------------------------------------------------
              Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry...........................  Producers of slabstock, molded, and
                                      rebond flexible polyurethane foam.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether a facility is regulated by this promulgated action, examine the 
applicability criteria in section 63.1290 of the rule. For questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

Judicial Review

    National emission standards for polyurethane foam production were 
proposed in the Federal Register on December 27, 1996 (61 FR 68406). 
Today's Federal Register action announces the EPA's final decision on 
the rule. Under section 307(b)(1) of the Act, judicial review of the 
final rule is available by filing 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 final rule. Under section 307(b)(2) of the 
Act, the requirements that are the subject of today's notice may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.
    The following outline is provided to aid in reading the preamble to 
the final rule.

I. Summary of Considerations Made in Developing This Standard
    A. Background and Purpose of the Regulation
    B. Source of Authority
    C . Stakeholder and Public Participation
II. Summary of Promulgated Standards
    A. Standards for Molded and Rebond Flexible Polyurethane Foam 
Production
    B. Standards for Slabstock Flexible Polyurethane Foam Production
    C. Standards for Diisocyanate Emissions from Slabstock Flexible 
Polyurethane Foam Production
    D. Standards for HAP ABA Emissions from Slabstock Flexible 
Polyurethane Foam Production
    E. Monitoring Requirements
    F. Testing Requirements
    G. Alternative Means of Emission Limitation
    H. Applicability of General Provisions
    I. Reporting Requirements
    J. Recordkeeping Requirements
III. Summary of Impacts
    A. Facilities Affected by These NESHAP

[[Page 53981]]

    B. Air Impacts
    C. Other Environmental Impacts
    D. Energy Impacts
    E. Cost Impacts
    F. Economic Impacts
IV. Significant Comments and Changes to the Proposed Standards
    A. Public Response to EPA Request for Comment
    B. Other Rule Changes in Response to Public Comments
    C. Other Changes to the Proposed Regulation
V. Administrative Requirements
    A. Docket
    B. Executive Order 12866
    C. Applicability of Executive Order 13045
    D. Paperwork Reduction Act
    E. Regulatory Flexibility Act
    F. Submission to Congress and the Comptroller General
    G. Unfunded Mandates
    H. Executive Order 12875: Enhancing Intergovernmental 
Partnerships
    I. Executive Order 13084: Consultation and Coordination With 
Indian Tribal Governments
    J. Clean Air Act
    K. National Technology Transfer and Advancement Act

I. Summary of Considerations Made in Developing This Standard

A. Background and Purpose of the Regulation

    The Clean Air Act was created in part ``to protect and enhance the 
quality of the Nation's air resources so as to promote the public 
health and welfare and the productive capacity of its population.'' 
[Clean Air Act, section 101(b)(1)] Section 112(b), as revised in 61 FR 
30816 (June 18, 1996), lists 188 hazardous air pollutants (HAP) 
believed to cause adverse health or environmental effects. Section 
112(d) requires that emission standards be promulgated for all 
categories and subcategories of ``major'' sources of these HAP and for 
many smaller ``area'' sources listed for regulation, pursuant to 
section 112(c). Major sources are defined as those that emit or have 
the potential to emit at least 10 tons per year of any single HAP or 25 
tons per year of any combination of HAP.
    On July 16, 1992 (57 FR 31576), the EPA published a list of 
categories of sources slated for regulation. This list included the 
flexible polyurethane foam production source category regulated by the 
standards being promulgated today. The statute requires emissions 
standards for the listed source categories to be promulgated between 
November 1992 and November 2000. On December 3, 1993, the EPA published 
a schedule for promulgating these standards (58 FR 63941). Standards 
for the flexible polyurethane foam production source category covered 
by this rule were proposed on December 27, 1996 (61 FR 68406).
    For the purpose of this rule, the EPA has separated the flexible 
polyurethane foam production source category into three subcategories. 
These subcategories are slabstock, molded, and rebond flexible 
polyurethane foam production.
    In the 1990 Amendments to the Clean Air Act, Congress specified 
that each standard for major sources must require the maximum reduction 
in emissions of HAP that the EPA determines is achievable, considering 
cost, non-air quality health and environmental impacts, and energy 
requirements. In essence, these Maximum Achievable Control Technology 
(MACT) standards would ensure that all major sources of toxic air 
pollutants achieve the level of control already being achieved by the 
better controlled and lower emitting sources in each category. This 
approach provides assurance to citizens that each major source of toxic 
air pollution will be required to employ good control measures to limit 
its emissions.
    Available emission data, collected during the development of this 
rule, shows that pollutants that are listed in section 112(b)(1) and 
are emitted by flexible polyurethane foam production sources include 
methylene chloride, 2,4-toluene diisocyanate, methyl chloroform, 
methylene diphenyl diisocyanate, propylene oxide, diethanolamine, 
methyl ethyl ketone, methanol, and toluene. Methylene chloride 
comprises over 98 percent of the total HAP emissions from this 
industry. Following is a summary of the potential health effects 
associated with exposure to methylene chloride that will be reduced by 
the standard.
    The acute (short-term) effects of methylene chloride inhalation in 
humans consist mainly of nervous system symptoms such as decreased 
visual and auditory functions. These effects appear to be reversible 
once exposure ceases. Short-term exposure to high concentrations of 
methylene chloride also irritates the nose and throat. The effects of 
chronic (long-term) exposure to methylene chloride in humans involve 
the central nervous system, and include headaches, dizziness, nausea, 
and memory loss. Animal studies indicate that inhalation of methylene 
chloride affects the liver, kidney, and cardiovascular system. 
Developmental or reproductive effects of methylene chloride have not 
been reported in humans, but limited animal studies have reported 
lowered fetal body weights in rats exposed to inhalation.
    Human data are considered inadequate to prove cancer caused by 
exposure to methylene chloride; animal studies have shown increases in 
liver and lung cancer and benign mammary gland tumors following the 
inhalation of methylene chloride. Methylene chloride is classified as 
Group B2, probable human carcinogen of relatively low carcinogenic 
potency.
    As noted earlier, there are other HAP emitted by flexible 
polyurethane foam production facilities. While the magnitude of 
emissions of these pollutants is dwarfed by those of methylene 
chloride, it is important to note that the EPA has not undertaken a 
risk assessment of these facilities. Therefore, it is possible that 
other HAP, such as diisocyanates, may also pose risks of concern. The 
seriousness of risks remaining after imposition of the final MACT 
standards will be examined at a later date, as provided for under 
Section 112(f) of the Clean Air Act.
    The Clean Air Act strategy avoids dependence on a detailed and 
comprehensive risk assessment as a pre-requisite for controlling air 
toxics. In addition, this is not a ``significant'' rule as defined by 
Executive Order 12866, and a specific benefits analysis is not 
required. Because of these issues, a detailed and intensive risk 
assessment of potential effects from HAP emitted from flexible foam 
production plants is not included in this rulemaking.
    The effects of HAP vary in severity based on the level and length 
of exposure and are influenced by source-specific characteristics such 
as emission rates and local meteorological conditions. The extent and 
degree to which the health effects may be experienced is dependent 
upon: (1) the ambient concentrations observed in the area (e.g., as 
influenced by emission rates, meteorological conditions, and terrain); 
(2) the frequency and duration of exposures; (3) characteristics of the 
exposed individuals (e.g., genetics, age, pre-existing health 
conditions, and lifestyle), which vary significantly with the 
population; and (4) pollutant specific characteristics (e.g., toxicity, 
half-life in the environment, bioaccumulation, and persistence).
    Due to the volatility and relatively low potential for 
bioaccumulation of these pollutants, air emissions are not expected to 
deposit on land or water and cause subsequent adverse health or 
ecosystem effects.
    The final standards give existing sources 3 years from the date of 
promulgation to comply. Subject to certain limited exceptions, this is 
the maximum amount of time allowed under the Clean Air Act. New sources 
are required to comply with the standard upon initial startup. The EPA

[[Page 53982]]

believes these standards to be achievable for affected sources within 
the time provided.
    Included in the final rule are methods for determining initial 
compliance, as well as monitoring, recordkeeping, and reporting 
requirements. All of these components are necessary to ensure that 
sources will comply with the standards both initially and over time. 
However, the EPA has made every effort to simplify the requirements in 
the rule.
    Two of the HAP used and emitted by the flexible polyurethane foam 
industry (2,4-toluene diisocyanate and propylene oxide) are subject to 
the risk management program rule requirements under section 112(r) of 
the 1990 Clean Air Act Amendments. The risk management program rule was 
published in the Federal Register on June 20, 1996 (61 FR 31668). 
Facilities handling a listed substance in quantities greater than a 
threshold amount must comply with the risk management requirements by 
June 21, 1999. The list of substances and threshold quantities were 
published in the Federal Register on January 31, 1994 (59 FR 4478).

B. Source of Authority

    The amended Clean Air Act requires the EPA to promulgate national 
emission standards for sources of HAP. Section 112(d) provides that 
these standards must reflect ``* * * the maximum degree of reduction in 
emissions of the HAP * * * that the Administrator, taking into 
consideration the cost of achieving such emission reduction, and any 
nonair quality health and environmental impacts and energy 
requirements, determines is achievable for new or existing sources in 
the category or subcategory to which such emission standard applies. * 
* *'' [42 U.S.C. 7412(d)(2)]. This level of control is referred to as 
the maximum achievable control technology (MACT). The Clean Air Act 
goes on to establish the least stringent level of control for MACT; 
this level is termed the ``MACT floor.''
    For new sources, the standards for a source category or subcategory 
``shall not be less stringent than the emission control that is 
achieved in practice by the best controlled similar source, as 
determined by the Administrator'' [section 112(d)(3)]. Existing source 
standards shall be no less stringent than the average emission 
limitation achieved by the best performing 12 percent of the existing 
sources for source categories and subcategories with 30 or more 
sources, or the average emission limitation achieved by the best 
performing 5 sources for sources or subcategories with fewer than 30 
sources [section 112(d)(3)]. These two minimum levels of control define 
the MACT floor for new and existing sources.

C. Stakeholder and Public Participation

    Numerous representatives of the flexible polyurethane foam 
production industry were consulted in the development of this standard. 
Industry representatives have included trade associations and flexible 
foam producers responding to Information Collection Requests. The EPA 
also received input from representatives from State and Regional 
environmental agencies. Representatives from other interested EPA 
offices and programs participated in the regulatory development process 
as members of the Work Group. The Work Group was involved in the 
regulatory development process, and was given opportunities to review 
and comment on the standards before proposal and promulgation. 
Therefore, the EPA believes that the impact on other EPA offices and 
programs has been adequately considered during the development of these 
standards. Finally, industry representatives, regulatory authorities, 
environmental groups, and the public as a whole had the opportunity to 
comment on the proposed standards and to provide additional information 
during the public comment period that followed proposal.
    The standards were proposed in the Federal Register on December 27, 
1996 (61 FR 68406). The preamble and Basis and Purpose Document for the 
proposed standards described the rationale for the proposed standards. 
Public comments were solicited at the time of proposal. To provide 
interested individuals the opportunity for oral presentation of data, 
views, or arguments concerning the proposed standards, a public hearing 
was offered at proposal. However, the public did not request a hearing 
and, therefore, one was not held. The public comment period was from 
December 27, 1996 to February 25, 1997. A total of 12 comment letters 
were received. Commenters included industry representatives and State 
agencies. The comments were carefully considered, and changes were made 
in the proposed standards when determined by the EPA to be appropriate. 
A detailed discussion of these comments and responses can be found in 
the Basis and Purpose Document for Final Standards, which is referenced 
in Section V.A. of this preamble. The summary of comments and responses 
in the Basis and Purpose Document for the Final Standards serves as the 
basis for the revisions that have been made to the standards between 
proposal and promulgation. Section IV of this preamble discusses some 
of the major changes made to the standards.

II. Summary of Promulgated Standards

    HAP emissions from the following types of emission points (i.e., 
emission source types) are being covered by the final standard: storage 
vessels, equipment leaks, production line, mixhead flush, mold release 
agents, and auxiliary blowing agent (ABA) use. The HAP emitted and 
emission points required to be controlled by these standards vary 
according to whether the facility produces slabstock, molded, or rebond 
flexible polyurethane foam.
    The affected source is defined as each process that produces 
flexible polyurethane or rebond foam, emits a HAP, and is located at a 
major source plant site. A process consists of raw material storage; 
production equipment and piping, ductwork, and other associated 
equipment; and curing and storage areas. The regulations do not apply 
to processes dedicated exclusively to the fabrication (i.e., gluing or 
otherwise bonding foam pieces together) of flexible polyurethane foam 
or to research and development.
    Existing sources subject to the regulation are required to comply 
within three years of the effective date of the regulation, and new 
sources would be required to comply at initial startup. Following is a 
description of the requirements of the standards.

A. Standards for Molded and Rebond Flexible Polyurethane Foam 
Production

    At new and existing molded and rebond flexible polyurethane foam 
facilities subject to the rule, the use of HAP or HAP-based products as 
equipment cleaners or mold release agents is prohibited. The one 
exception to this prohibition is that diisocyanates may be used at 
molded foam facilities to flush the mixhead and associated piping 
during periods of startup or maintenance, as long as such solvents are 
contained in closed loop systems and are re-used in production. Molded 
and rebond foam producers are required to submit an initial 
notification and maintain records to demonstrate that the equipment 
cleaners and mold release agents used are not HAP-based.

B. Standards for Slabstock Flexible Polyurethane Foam Production

    The requirements for slabstock foam facilities are separated into 
two basic categories: (1) diisocyanates used as a reactant in the foam 
process; and (2) HAP used as an auxiliary blowing agent (ABA) and for 
equipment cleaning. The

[[Page 53983]]

diisocyanate HAP used in the production of slabstock foam is almost 
always 2,4-toluene diisocyanate (TDI), and the HAP used as an ABA and 
equipment cleaner is almost always methylene chloride. The rule covers 
emissions from two types of TDI emission points-- storage vessels and 
equipment leaks. HAP ABA emissions from the following process points 
are covered: storage vessels, equipment leaks, the foam tunnel, and 
equipment cleaning.

C. Standards for Diisocyanate Emissions From Slabstock Flexible 
Polyurethane Foam Production

    The standards cover emissions of diisocyanate from storage vessels 
and equipment leaks. For new and existing sources, there are two 
compliance options for storage vessels. The vessel can be equipped with 
a vapor return line that returns vapors displaced during storage vessel 
filling to the tank truck or rail car. During each unloading event, the 
vapor return line must be inspected for leaks. If a leak is detected, 
it must be repaired before the next unloading event. The second option 
is to equip the storage vessel with a system in which displaced vapors 
are routed through a carbon adsorption system prior to being discharged 
to the atmosphere. Storage vessels equipped with carbon adsorption 
systems must monitor the outlet of the carbon system to detect 
breakthrough. If breakthrough is detected, the carbon must be replaced 
before the next unloading event.
    Transfer pumps in diisocyanate service must be either sealless 
pumps, or submerged pump systems that are visually monitored weekly to 
detect leaks. Any transfer pump leaks detected must be repaired within 
15 calendar days. Diisocyanate leaks for other components in 
diisocyanate service (valves, connectors, and pressure-relief valves) 
detected by visual, audible, or any other detection method must be 
repaired within 15 calendar days, as well.

D. Standards for HAP ABA Emissions From Slabstock Flexible Polyurethane 
Foam Production

    This regulation requires that owners or operators comply with 
requirements for each of four types of emission points (HAP ABA 
emissions from storage vessels, equipment leaks, and the production 
line, and HAP emissions from equipment cleaning). These limitations are 
described below.
    However, since the same HAP, methylene chloride, is frequently used 
as both an ABA and as an equipment cleaner, this rule allows owners and 
operators flexibility in complying with the HAP ABA and equipment 
cleaning provisions. As an alternative to the emission point specific 
limitations, the owner or operator can elect to comply with a source-
wide emission limitation. Owners or operators selecting the source-wide 
emission limitation must maintain the combined emissions from all of 
these sources below the required level. While this option is slightly 
more stringent than the emission point specific limitations, the EPA 
believes the flexibility it provides will prove to be beneficial for 
sources selecting this alternative.
1. HAP ABA Storage Vessel Requirements
    The requirements for HAP ABA storage vessels are similar to the 
diisocyanate storage vessel requirements discussed above. Storage 
vessels can be equipped with either a vapor return line to the tank 
truck or railcar, or a carbon adsorption system. The requirements for 
new and existing sources are identical.
2. HAP ABA Equipment Leaks
    These standards contain requirements for pumps, valves, connectors, 
pressure-relief devices, and open-ended valves or lines in HAP ABA 
service at new and existing sources.
    Pumps and valves must be monitored quarterly for leaks using Method 
21, 40 CFR part 60, appendix A, where a leak is defined as an 
instrument reading of 10,000 parts per million or greater. Leaks must 
be repaired within 15 calendar days after their detection. 
Alternatively, leakless pumps can be used. Valves that are designated 
as unsafe-to-monitor must be monitored as frequently as possible, and 
difficult-to-monitor valves must be monitored once per year.
    Connectors must be monitored annually using Method 21, unless the 
connector has been opened or the seal broken. In these cases, the 
connector must be monitored within 3 months after being returned to HAP 
ABA service. As with the other components, a leak is defined as an 
instrument reading of 10,000 parts per million or greater, and a leak 
must be repaired within 15 calendar days. Connectors can also be 
designated as unsafe-to-monitor, in which case they must be monitored 
as frequently as possible.
    Pressure-relief devices must be monitored using Method 21 if 
evidence of a potential leak is found by visual, audible, olfactory, or 
any other detection method. If a leak is found (10,000 parts per 
million), it must be repaired within 15 calendar days. Each open-ended 
valve or line in HAP ABA service must be equipped with a cap, blind 
flange, plug, or a second valve.
3. HAP ABA Emissions from the Production Line
    The rule includes an emission limit for HAP ABA emissions from the 
production line at affected slabstock facilities. There are two options 
for complying with the requirements for HAP ABA emissions from the 
production line-- rolling annual compliance or monthly compliance. When 
using a rolling annual basis, compliance is determined each month, 
based on the previous 12-month period. Under the monthly compliance 
alternative, compliance is based on the previous month. Both options 
require comparing actual HAP ABA emissions to allowable HAP ABA 
emissions.
    Rolling Annual Compliance. This regulation recognizes the 
variability in HAP ABA emissions for different grades of foam, where a 
grade of foam is determined by its density and indentation force 
deflection (IFD). Therefore, the allowable emission level is dependent 
on the mix of foam grades produced during the 12-month compliance 
period. The nucleus of the HAP ABA emission limitation provisions is 
the HAP ABA formulation limitation equation, which determines an 
allowable amount of HAP ABA for each grade of foam. For existing 
sources, this equation is:
[GRAPHIC] [TIFF OMITTED] TR07OC98.000

Where:
ABAlimit = HAP ABA formulation limitation, parts HAP ABA 
allowed per hundred parts polyol (pph)
IFD = Indentation force deflection (25 percent), pounds
DEN = Density, pounds per cubic foot


[[Page 53984]]


Therefore, for each foam grade produced during the 12-month period, the 
owner or operator must determine the HAP ABA formulation limitation. 
This equation was developed using actual formulation data from the best 
performing foam production facilities. Negative values are not intended 
to be used in calculating allowable emissions. That is, zero is the 
formulation limitation if the results of the formulation limitation 
equation are negative.
    For new sources, the equation is used to determine the HAP ABA 
formulation limitation for a limited number of grades. However, the 
formulation limitation for many higher-density, higher-IFD foams is 
automatically set to zero. The following table describes how the HAP 
ABA formulation limitation for new sources is determined.
[GRAPHIC] [TIFF OMITTED] TR07OC98.001


    For any foam grade, the owner or operator has the option to 
designate the HAP ABA formulation limitation as zero. The benefit to 
such a designation is that the IFD and density testing requirements, as 
well as the polyol usage monitoring and recordkeeping requirements, are 
not required for foam grades for which the owner has designated the HAP 
ABA formulation limitation as zero.
    The allowable HAP ABA emissions for a consecutive 12-month period 
are calculated as the sum of allowable monthly HAP ABA emissions for 
each of the individual 12 months in the period. Allowable HAP ABA 
emissions for each individual month are calculated using the following 
equation.
[GRAPHIC] [TIFF OMITTED] TR07OC98.002

Where:

emissallow, month = Allowable HAP ABA emissions from the 
slabstock affected source for the month, pounds
m = number of slabstock foam production lines at the affected source
n = Number of foam grades produced in the month on foam production line 
j
limiti = HAP ABA formulation limit for foam grade i, parts 
HAP ABA per 100 parts polyol
polyoli = Amount of polyol used in the month in the 
production of foam grade i on foam production line j, pounds

    The amount of polyol used is a key component of this analysis, and 
it must be determined by monitoring the amount of polyol added to the 
slabstock foam production line at the mixhead when foam is being 
poured. (See section II. F. 2. below for more information.) Actual HAP 
ABA emissions are determined by monitoring the HAP ABA added to the 
slabstock foam production line at the mixhead when foam is being 
poured.
    This regulation also contains provisions to allow for the use of 
HAP ABA recovery devices. If a recovery device is used, the actual HAP 
emissions are the difference between the uncontrolled HAP ABA emissions 
and the HAP ABA recovered. The uncontrolled HAP ABA emissions are 
determined by monitoring the HAP ABA added to the slabstock foam 
production line at the mixhead, as discussed above. The amount of HAP 
ABA recovered is required to be monitored.
    Monthly Compliance. As an alternative to the rolling annual 
compliance approach, owners or operators can elect to comply each 
month. If this approach is selected, actual and allowable emissions are 
determined as discussed above. However, compliance is determined by 
comparing allowable and actual emissions for each month, rather than

[[Page 53985]]

for the 12 previous months. An advantage of the monthly compliance 
approach is that a violation of the allowable monthly HAP limitation 
constitutes up to 30 days of violation for that compliance period, 
whereas a violation of the allowable annual total of HAP calculated in 
any given month constitutes up to 365 days of violation for that 
compliance period. This alternative is allowed because it is more 
stringent than the rolling annual compliance approach. In addition, as 
with the rolling average compliance approach, the use of HAP ABA 
recovery devices is permitted with the monthly compliance approach.
4. Equipment Cleaning HAP Emissions
    Affected sources complying with the emission point specific 
limitations are prohibited from using a HAP, or a HAP-based product, as 
an equipment cleaner.
5. Source-wide Emission Limitation Alternative
    This alternative allows the owner or operator to choose which of 
the HAP ABA emission sources to control, but is only available for 
sources using no more than one HAP as an ABA and equipment cleaner in 
the process. In other words, an owner or operator could choose not to 
control HAP ABA storage vessels and equipment leaks, and instead 
achieve a higher HAP ABA emission reduction from the production line. 
Alternatively, an owner or operator could choose to control emissions 
from equipment leaks and storage to ``save'' as much HAP ABA as 
possible for use in the production line. In addition, under the source-
wide alternative, a facility could utilize a HAP equipment cleaner, as 
long as the HAP used as the equipment cleaner is the same chemical as 
the HAP ABA. However, the equipment cleaning HAP emissions must be 
offset by emission reductions from one of the HAP ABA emission sources.
    An owner or operator electing to comply with the source-wide 
emission limitation for HAP ABA and equipment cleaning determines 
compliance by comparing actual emissions from the three HAP ABA 
emission sources and from equipment cleaning with an allowable 
emissions level. Compliance is determined each month for the previous 
12-month period.
    The allowable emissions level is determined using the same 
procedures discussed above for HAP ABA emissions from the production 
line. Therefore, the total HAP ABA and equipment cleaning HAP emissions 
allowed under this alternative are equivalent to the allowed HAP ABA 
emissions from the production line if the emission point specific 
alternative is selected.
    The actual HAP ABA and equipment cleaning emissions are determined 
by performing a material balance at the HAP ABA storage vessel, using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR07OC98.003

Where:

PWEactual = Actual source-wide HAP ABA and equipment 
cleaning HAP emissions for a month, pounds/month
STi,begin = Amount of HAP ABA in storage tank i at the 
beginning of the month, pounds
STi, end = Amount of HAP ABA in storage tank i at the end of 
the month, pounds,
ADDi = Amount of HAP ABA added to storage tank i during the 
month, pounds
n = Number of HAP ABA storage vessels

Weekly monitoring of the level of HAP ABA in the storage vessels is 
required, thus providing the amounts for the beginning and end of month 
to be used in the above equation. In addition, the amount of each HAP 
ABA delivery must be determined. The requirements for the monitoring of 
HAP ABA storage vessel levels and the amount of HAP ABA added during 
each delivery are discussed later in this section. Emission reductions 
achieved by recovery devices can be accounted for by monitoring the 
amount of HAP ABA recovered.
    As with the emission point specific limitation for HAP ABA from the 
production line, the source-wide emission limitation includes a monthly 
compliance alternative.

E. Monitoring Requirements

    This regulation contains monitoring requirements for five 
situations: (1) storage vessels complying using carbon adsorption 
systems; (2) polyol and HAP ABA added to the production line at the 
mixhead; (3) recovered HAP ABA when a recovery device is used; (4) the 
amount of HAP ABA in a storage vessel; and (5) the amount of HAP ABA 
added to a storage vessel.
1. Storage Vessel Complying Using Carbon Adsorption Systems
    Storage vessels equipped with carbon adsorption systems must 
monitor either the concentration of HAP or the concentration of organic 
compounds at the exit of the adsorption system. Measurements of HAP 
concentration must be made using Method 18 Appendix A of 40 CFR 60 and 
measurements of organic compound concentrations must be made using 
Method 25A. Outlet concentration measurements must be made monthly (or 
each time the vessel is filled, if filling occurs less frequently than 
monthly). Alternatively, the owner or operator can implement an 
alternative monitoring program where monitoring of HAP or organic 
compound concentrations during vessel filling must be conducted at an 
interval no greater than 20 percent of the carbon replacement interval, 
which is established using a design analysis.
2. Polyol and HAP ABA Monitoring at the Mixhead
    All slabstock facilities must continuously monitor the amount of 
polyol added to the slabstock foam production line at the mixhead when 
foam is being poured to allow the calculation of allowable emissions. 
The regulation contains two options for continuously monitoring the 
polyol added: (1) a device installed and operated to monitor and record 
pump revolutions per minute, or (2) a flow rate monitoring device 
installed and operated to measure the amount of polyol added at the 
mixhead. Either of these devices must be calibrated at least once each 
6 months, and must have an accuracy to within  2 percent. 
The owner or operator can develop an alternative monitoring program to 
monitor the amount of polyol added at the mixhead. The components of an 
alternative monitoring plan must include, at a minimum: (1) description 
of the parameter to be monitored to measure the amount of HAP ABA or 
polyol added at the mixhead; (2) a description of how the monitoring 
results will be recorded, and how the results will be converted into 
amount of

[[Page 53986]]

HAP ABA or polyol delivered to the mixhead; (3) data demonstrating that 
the monitoring device is accurate to within  2.0 percent; 
and (4) procedures to ensure that the accuracy of the parameter 
monitoring results is maintained. These procedures shall, at a minimum, 
consist of periodic calibration of all monitoring devices. An 
alternative plan must be submitted to the Administrator for approval.
    In addition, if an owner or operator elects to comply with the 
emission point specific limitations, the amount of HAP ABA added to the 
slabstock foam production line at the mixhead must be continuously 
monitored when foam that contains HAP ABA in the formulation is being 
poured. The requirements for monitoring the amount of HAP ABA added are 
the same as discussed above for polyol, except that the device must be 
calibrated at least once per month.
3. Recovered HAP ABA Monitoring
    The rule also includes monitoring requirements for slabstock 
facilities using a recovery device to reduce HAP ABA emissions. The 
amount of HAP ABA recovered is determined by using a device that 
monitors the cumulative amount of HAP ABA recovered by the recovery 
device. This device must be installed, calibrated, maintained, and 
operated according to the manufacturer's specifications, and must be 
certified by the manufacturer to be accurate to within  2.0 
percent. The rule requires the owner or operator to develop a recovered 
HAP ABA monitoring and recordkeeping plan and submit it to the EPA for 
approval.
4. Monitoring to Determine Amount of HAP ABA in a Storage Vessel
    For slabstock sources complying with the source-wide alternative, 
the amount of HAP ABA in a storage vessel must be monitored weekly 
using a level measurement device. The level measurement device must be 
calibrated initially and at least once per year thereafter. If the 
level measurement device produces an output signal, it must have either 
a digital or printed output. If the level measurement device is a 
visually-read device (i.e., gauge glass), it must have permanent 
graduated markings to indicate HAP ABA level in the storage tank.
5. Monitoring to Determine the Amount of HAP ABA Added to a Storage 
Vessel
    The amount of HAP ABA added to a storage vessel during a delivery 
must be determined using any one of four options. The first option 
requires that the amount of HAP ABA in the storage vessel be measured 
before and after the loading, provided that the level measurement 
device meets the requirements discussed above in section ``II.E.4''. 
The second option requires that the volume of HAP ABA added to the 
storage vessel be determined by monitoring the flow rate using a device 
with an accuracy of 98 percent or greater, and which is calibrated at 
least once every six months. The third option allows the owner or 
operator to calculate the weight of HAP ABA added by determining the 
difference between the full weight of the transfer vehicle prior to 
unloading into the storage vessel and the empty weight of the transfer 
vehicle after unloading has been completed. This weight must be 
determined using a scale approved by the State or local agencies using 
the procedures contained in the National Institute of Standards and 
Technology Handbook 44, or a scale determined to be in compliance with 
the requirements of the National Institute of Standards and Technology 
Handbook 44 at least once per year by a registered scale technician. 
The final option for determining the amount of HAP ABA added to a 
storage vessel allows the owner or operator to develop an alternative 
monitoring program. The alternative monitoring program must include, at 
a minimum, a description of the parameter to be monitored to determine 
the amount of the addition, a description of how the results of the 
monitoring will be recorded and converted into the amount of HAP ABA 
added, data demonstrating the accuracy of the monitoring measurements, 
and procedures for ensuring that the accuracy of the monitoring 
measurements is maintained. Alternative monitoring programs must be 
submitted to the EPA for approval.

F. Testing Requirements

    There are two instances where the use of test methods is required. 
First, for slabstock owners or operators complying with the emission 
point specific requirements for HAP ABA equipment leaks, testing must 
be conducted using Method 21 of 40 CFR part 60, subpart A.
    Second, all slabstock affected sources must test each grade of foam 
produced during a single production ``run'' to verify the IFD and 
density, as these are integral inputs into the equation to determine 
the HAP ABA formulation limitation. This rule requires these parameters 
to be determined using American Society for Testing and Materials 
(ASTM) D3574 using a sample of foam cut from the center of the foam 
bun. The maximum sample size for which the IFD and density is 
determined shall not be larger than 24 inches by 24 inches by 4 inches. 
IFD and density testing is not required for foam grades for which the 
owner or operator has designated the HAP ABA formulation limitation as 
zero. The IFD and density testing results must be conducted and 
recorded within 10 working days of the date the foam was produced.

G. Alternative Means of Emission Limitation

    This regulation also contains provisions to allow an owner or 
operator to request approval to use an alternative means of emission 
limitation. Examples of alternative means of emission limitation could 
be the reduction of HAP ABA by a combustion device, use of a storage 
tank control not mentioned in the regulation, or an alternative program 
to reduce HAP ABA equipment leak emissions. The request, which may be 
submitted in the precompliance report for existing sources, the 
application for construction or reconstruction for new sources, or at 
any other time after the initial compliance, must include a complete 
description of the alternative means of emission limitation and 
documentation demonstrating equivalency with the requirements in the 
regulation. The owner or operator can begin using the alternative means 
of emission limitation upon approval of the request by the 
Administrator.

H. Applicability of General Provisions

    The General Provisions for Part 63 (40 CFR part 63, subpart A) 
create the technical and administrative framework for implementing 
national emission standards established under section 112 of the Clean 
Air Act. The General Provisions establish baseline applicable 
requirements for activities such as performance testing, monitoring, 
notifications, recordkeeping, and reporting. They also implement 
statutory provisions such as compliance dates for new and existing 
sources and preconstruction review requirements. The General Provisions 
apply to all sources that are affected by Part 63 standards, including 
the standard for flexible polyurethane foam production. However, 
individual standards may override certain requirements in the General 
Provisions. This regulation contains a table outlining the sections of 
the General Provisions that are applicable to the standard for flexible 
polyurethane foam production. It also outlines sections of the General 
Provisions that are being overridden or not incorporated. The 
performance test requirements; monitoring requirements;

[[Page 53987]]

and startup, shutdown, and malfunction plan requirements of the General 
Provisions do not apply to this standard. Most of the other 
requirements in the General Provisions do apply.

I. Reporting Requirements

    This regulation requires the submittal of seven types of reports: 
(1) initial notification, (2) application for approval of construction 
or reconstruction, (3) precompliance report, (4) notification of 
compliance status, (5) semi-annual compliance reports, (6) other 
reports, and (7) annual compliance certifications. These reports are 
briefly described below.
1. Initial Notification
    Each owner or operator of an affected source must submit an initial 
notification to the Administrator within 120 days after promulgation of 
the rule. This initial notification must contain an identification of 
the facility that is subject to the regulation, the name and address of 
the owner or operator of the subject facility, and a brief description 
of the production process.
2. Application for Approval of Construction or Reconstruction
    Owners or operators constructing a new affected source, or 
reconstructing an existing affected source, must submit an application 
for approval of construction or reconstruction. This application must 
contain identification information such as location, owner/operator, 
and the anticipated completion and start-up dates. The application must 
also contain a description of the planned process and how compliance 
will be achieved. The application must be submitted as soon as 
practicable before the construction or reconstruction is planned to 
commence. A permit application can take the place of this report.
3. Precompliance Report
    One year before the compliance date, each existing owner or 
operator of an existing slabstock facility must submit a precompliance 
report. This report must contain notification of whether compliance 
will be achieved using the emission point specific HAP ABA and 
equipment cleaning emission limitation or the source-wide emission 
limitation. The report must also indicate if either of the following 
compliance options are going to be utilized:
     If compliance will be achieved on a monthly basis for 
either the emission point specific limitation for HAP ABA emissions 
from the production line or the source-wide emission limitation.
     If a recovery device will be used to reduce HAP ABA 
emissions.
    This report must also contain a description of how the amount of 
polyol and HAP ABA (if required) added at the mixhead will be 
monitored. If the owner or operator is developing an alternative 
monitoring plan, the plan must be submitted with the precompliance 
report. In addition, owners or operators of slabstock flexible 
polyurethane production facilities using a recovery device to reduce 
HAP ABA emissions must include a description of the HAP ABA monitoring 
and recordkeeping program to determine the amount of HAP ABA recovered 
in the precompliance report.
    Each owner or operator of an affected source complying with the 
source-wide emission limitation must submit a description of how the 
amount of HAP ABA in a storage vessel will be determined, and a 
description of how the amount of HAP ABA added to a storage vessel 
during a delivery will be monitored. If the owner or operator is 
developing an alternative monitoring program for the determination of 
HAP ABA added to a storage vessel, this program must be submitted with 
the precompliance report.
    The rule specifies that if the Administrator does not notify the 
owner or operator of objections to an alternative monitoring program or 
a recovered HAP ABA monitoring and recordkeeping program within 45 days 
after its receipt, the program is automatically assumed to be approved.
4. Notification of Compliance Status
    Each owner or operator of a new or existing slabstock affected 
source must submit a notification of compliance status report 180 days 
after the compliance date. This report must contain notification of the 
compliance status of diisocyanate storage vessels and diisocyanate 
transfer pumps. In addition, this report must contain compliance 
information for HAP ABA storage vessels and equipment in HAP ABA 
service.
5. Semi-annual Reports
    Each slabstock owner or operator must submit semi-annual reports. 
For affected sources complying with the rolling annual compliance 
provisions (for either the emission point specific HAP ABA limitations 
or the source-wide emission limitation), the report must contain the 
allowable and actual HAP ABA emissions (or allowable and actual HAP ABA 
and equipment cleaning HAP emissions) for each of the 12-month periods 
ending on each of the six months in the reporting period. For affected 
sources complying with the monthly compliance alternative, the report 
must contain the allowable and actual HAP ABA emissions (or allowable 
and actual HAP ABA and equipment cleaning HAP emissions) for each of 
the six months in the reporting period. Affected sources complying with 
the storage vessel provisions of Sec. 63.1294(a) or Sec. 63.1295 using 
a carbon adsorption system must include unloading events that occur 
after breakthrough is detected where the carbon in the system is not 
replaced. Any equipment leaks that were not repaired in accordance with 
the rule requirements must also be included in the semi-annual 
compliance report.
6. Other Reports
    A slabstock owner or operator must provide a report to the 
Administrator indicating the intent to change the selected compliance 
alternative (emission point specific limitations or source-wide 
emission limitation). This report must be submitted at least 180 days 
prior to the change.
    Similarly, the intent to switch the compliance method (rolling 
annual or monthly) must be reported. This report must be submitted at 
least 180 days prior to the change.
7. Annual Compliance Certifications
    Each affected source is required to submit a compliance 
certification annually. Each compliance certification must be signed by 
a responsible official of the company that owns or operates the 
affected source.

J. Recordkeeping Requirements

    Records must be completed in a form suitable and readily available 
for expeditious inspection and review, and must be kept for a period of 
5 years. At a minimum, the most recent 2 years of data must be retained 
on-site.
    Records are required for storage vessels, equipment leaks, and HAP 
ABA. If the owner or operator complies with the source-wide emission 
limitation, no records are required for HAP ABA storage vessel controls 
(see section ``I.J.1'' below) or controls for equipment in HAP ABA 
service (see section ``I.J.2'' below).
1. Storage Vessel Records
    All slabstock affected sources must maintain records listing all 
diisocyanate storage vessels and the type of control utilized to comply 
with the regulation. For the storage vessels complying through the use 
of a carbon adsorption system, the records must include the design 
parameters of the system and the monitoring records.

[[Page 53988]]

2. Equipment Leak Records
    All slabstock affected sources must maintain a list of components 
in diisocyanate service, and a description of the control utilized for 
each transfer pump. If the affected source is complying with the 
emission point specific limitations, records listing each component in 
HAP ABA service must also be maintained.
    When a leak, as defined in the rule, is detected for any component, 
the component must be marked with a readily visible identification 
until the leak is repaired. For valves, the identification must remain 
until 2 successive quarters have passed where no leak is detected. 
Records must be kept specifying when the leak was detected, when it was 
repaired, and when the identification was removed.
3. HAP ABA records
    All slabstock affected sources must keep records integral to the 
calculation of allowable emissions. These include a daily log of foam 
runs and daily records of the amount of polyol added at the mixhead for 
each grade of foam. The results of the density and IFD testing for each 
grade must be recorded within 10 working days of the production of the 
foam. Polyol usage and density/IFD testing records are not required for 
those foam grades for which the owner or operator has designated the 
HAP ABA formulation limitation as zero. Monthly, a cumulative record 
must be maintained listing the foam grades containing HAP ABA produced 
during the month, along with the total amount of polyol used for each 
foam grade, and the corresponding allowable HAP ABA (or HAP ABA and 
equipment cleaning) emissions level. If complying on an annual rolling 
basis, the allowable HAP ABA (or HAP ABA and equipment cleaning) 
emissions level for the previous 12 consecutive months must also be 
recorded each month.
    For affected sources complying with the emission point specific 
limitation for HAP ABA emissions from the production line, records must 
be kept regarding the amount of HAP ABA added at the mixhead each day. 
In addition, there must also be a cumulative HAP ABA usage record for 
each month, and a cumulative record for the previous 12 consecutive 
months (if complying on an annual rolling basis).
    For affected sources complying with the source-wide emission 
limitation, monthly records must be kept regarding the actual HAP ABA 
and equipment cleaning emissions, as measured at the storage vessel. 
Also required are weekly records of the HAP ABA storage vessel levels 
and records of the amount of HAP ABA added to the storage vessel during 
each delivery. If complying on an annual rolling basis, monthly records 
must be kept of the actual cumulative HAP ABA and equipment cleaning 
emissions for the previous 12 months.
    If an affected source uses a recovery device to reduce HAP ABA 
emissions, records must be kept regarding the amount of HAP ABA 
recovered. In addition, records of all required calibrations must be 
maintained.

III. Summary of Impacts

    This section identifies the facilities affected by these NESHAP. It 
also presents the air, non-air environmental (waste and solid waste), 
energy, cost, and economic impacts resulting from the control of HAP 
emissions under this rule.

A. Facilities Affected by These NESHAP

    It is estimated that 176 sources will be subject to the regulation. 
This number includes 57 slabstock foam facilities, 21 facilities with 
slabstock and rebond processes, and 98 molded foam facilities. It is 
estimated that 130 molded foam facilities are area sources, and will 
not be subject to this rule. It is also estimated that all rebond 
facilities not collocated with a slabstock foam process are area 
sources.

B. Air Impacts

    These standards are estimated to reduce HAP emissions from all 
existing sources of flexible polyurethane foam manufacturing by over 
12,500 Mg/yr. This represents a 70 percent reduction from baseline. 
This includes over 10,400 Mg/yr from slabstock foam production (69 
percent reduction from baseline) and over 2,100 Mg/yr from molded foam 
production (73 percent reduction from baseline). No reduction is 
expected from rebond foam production, since it is believed that the 
entire industry has already stopped using HAP cleaners and mold release 
agents.

C. Other Environmental Impacts

    The Agency estimates that there will be minimal secondary 
environmental impacts from this regulation. There could be a slight 
increase in volatile organic compound (VOC) air emissions if facilities 
switch from a HAP-based product to a non-HAP VOC based product for 
equipment cleaning, mold release agents, and mixhead flushes. 
Wastewater could contain minor amounts of HAP if carbon adsorption 
systems are used to comply with the HAP ABA limitations, but the Agency 
believes the use of such systems will be rare. The only potential 
hazardous waste impact would be due to the disposal of spent carbon 
adsorption canisters used to control storage vessels. The Agency does 
not believe these impacts to be significant.

D. Energy Impacts

    Due to the use of several control technologies in both slabstock 
and molded foam, there will be some increase in the amount of energy 
used by this source category. The impact will vary depending on which 
control technology is chosen by each facility, but is not expected to 
be significant.

E. Cost Impacts

    Cost impacts include the capital costs of new equipment that 
reduces HAP emissions, the cost of energy required to operate the 
equipment, operation and maintenance costs, as well as cost savings. 
Also, cost impacts include the costs of monitoring, recordkeeping, and 
reporting associated with the promulgated standards. Average cost 
effectiveness ($/Mg of pollutant removed) is also presented as part of 
cost impacts and is determined by dividing the annual cost by the 
annual emission reduction.
    For the molded subcategory, the estimated total capital investment 
is $5.9 million, and the total estimated annual cost is around $715,000 
per year. The total annual HAP emission reduction is 2,100 Mg/year, 
resulting in a cost effectiveness of $350/Mg per year.
    For the rebond subcategory, it is anticipated that there will be no 
cost or environmental impacts, since it is believed that every facility 
already complies with these provisions. The regulation will prohibit 
the future use of HAP-based cleaners and mold release agents in this 
industry.
    For the slabstock subcategory, the total estimated capital 
investment is around $68 million, and the total estimated annual cost 
is $7.3 million per year. The total annual HAP emission reduction is 
over 10,400 Mg/yr, resulting in a cost-effectiveness of around $700/Mg 
per year.
    Therefore, the total capital investment for this regulation is 
estimated at $74 million. The total estimated annual cost is $8.1 
million per year. The total emission reduction is over 12,500 Mg/yr, 
resulting in an overall cost effectiveness of around $650/Mg per year.

F. Economic Impacts

    An economic impact analysis of these standards was prepared to 
evaluate primary and secondary impacts on: (1) the slabstock and molded 
foam sectors of the flexible polyurethane foam

[[Page 53989]]

production industry; (2) consumers; and (3) society.
    For the slabstock foam sector of the industry, the total annualized 
social cost (in 1994 dollars) of this promulgated regulation is $7.18 
million. Market price is estimated to increase by 2.20 percent, and the 
corresponding decrease in market output is estimated to be 1.08 
percent. Employment loss is estimated to be 1.09 percent (i.e., 96 
jobs).
    For the molded foam sector, impacts on price and output are 
estimated to be smaller than those predicted for the slabstock market. 
The total annualized social cost (in 1994 dollars) of the promulgated 
standards for the molded foam subcategory is $0.71 million. Price is 
estimated to increase by 1.14 percent, and the corresponding decrease 
in market output is estimated to be 0.56 percent. Employment loss in 
the molded sector is estimated to be 0.67 percent (37 jobs).
    However, given the predicted changes in market price and output, 
the industry will experience increases in the value of shipments (i.e., 
industry profits), because estimated price increases more than offset 
the lower production volumes. Since no significant export or import 
markets exist for the industry (due to prohibitive transportation 
costs), no impacts on foreign trade are expected.
    The analysis also predicts the number of plant closures that may 
result from the imposition of compliance costs on a facility. For the 
analysis, a worst-case assumption is adopted that the facilities with 
the highest emission control costs are the least efficient producers in 
the market. Actual plant closures will be less than that predicted if 
plants with the highest emission control costs are not the least 
efficient producers in the industry. In addition, the outcome of 
predicted closures is sensitive to the wide variety of emission control 
technologies assigned to the model plants. If the control technology 
assigned to the representative model plant is different than that which 
would be chosen by an actual facility, the analysis could overestimate 
the number of predicted plant closures. Therefore, a sensitivity 
analysis was performed to test the outcome of closures based on the 
assignment of control technology to model plants. For the slabstock 
sector, plant closures are estimated to range from 1 to 3 facilities 
for this standard. For the molded foam sector, closures are estimated 
to be zero for this promulgated standard (a sensitivity analysis was 
not performed for the molded foam production subcategory). Given the 
significant amount of restructuring currently occurring in the industry 
(mergers, buy-outs, and shut-downs), the number of facility closures 
that will result from the regulation is likely to be minimal.

IV. Significant Comments and Changes to the Proposed Standards

    In response to comments received on the proposed standards, changes 
have been made to the final standards. While several of these changes 
are clarifications designed to make the EPA's intent clearer, a number 
of them are changes to the requirements of the proposed standards. 
Public comment was received on several issues that the EPA raised in 
the proposal preamble. The public also commented on other issues. In 
addition, some changes were made to ensure that the regulations are 
``permit friendly.'' A summary of the substantive comments and changes 
made since the proposal are described in the following sections. The 
rationale for these changes and detailed responses to all public 
comments are included in the Basis and Purpose Document for the final 
standards. Additional information is contained in the docket for these 
final standards. (See ADDRESSES section of this preamble.)

A. Public Response to EPA Request for Comment

    In the proposal preamble, the EPA specifically requested comment on 
the following issues: (1) the need for a federally enforceable 
mechanism for limiting potential to emit (PTE) at flexible polyurethane 
foam production sources; (2) controlling TDI emissions from slabstock 
flexible foam production lines; (3) the burdens of the monthly 
averaging time option for compliance with the emission limitation for 
slabstock flexible foam production lines; (4) monitoring in HAP ABA 
storage vessels; (5) the prohibition on the use of HAP-based adhesives; 
and (6) the number of affected facilities. No public comments were 
received on the number of affected facilities in the flexible 
polyurethane foam production source category. Public comments on the 
remaining five issues are summarized below.
1. Federally Enforceable Mechanism
    The proposed regulation contained provisions for obtaining a 
federally enforceable limitation on PTE, which would allow sources to 
maintain emissions below the major source threshold amount. It also 
included recordkeeping and reporting requirements for sources obtaining 
the federally enforceable emission limitation. One commenter urged the 
EPA to identify the criteria for establishing area source status, while 
others objected to the requirements that an area source maintain 
supporting documentation, stating that facilities should not be 
required to keep records to prove they are not subject to the 
regulation.
    The EPA agrees that criteria for area source status should be 
included within the regulation, rather than the general criteria in the 
proposed rule. Therefore, Sec. 63.1290(c) has been revised to add 
specific criteria for identifying slabstock sources with potential 
emissions below the major source threshold levels. Slabstock flexible 
polyurethane foam producers may elect to use a total of less than 5 
tons of total HAP at the entire plant site, including uses as an 
auxiliary blowing agent, an equipment cleaner, and as an adhesive in 
foam fabrication operations. The addition of these specific criteria 
will ease the administrative burden for both State and local agency 
regulators and sources by reducing the need for case-by-case 
determination of area or synthetic minor source status. This option is 
not available to slabstock processes located at plant sites that have 
HAP-using processes other than slabstock foam production and foam 
fabrication. Also, due to the large number of potential uses of HAP at 
molded foam facilities, such criteria are not included for molded foam 
facilities.
    The Agency agrees with the commenters that recordkeeping 
requirements should be sufficiently detailed to ensure that PTE limits 
are practically enforceable; however, the EPA recognizes that State and 
local agencies should establish such recordkeeping requirements. In the 
consideration of these comments, the EPA determined that it is not 
appropriate for the rule to require specific records at facilities that 
are not subject to the regulation. Therefore, the rule only requires 
that records be kept to verify the HAP usage.
2. TDI emissions from Slabstock Production Lines
    The proposed rule did not require control of 2,4-toluene 
diisocyanate (TDI) emissions from the foam production line. At 
proposal, the EPA requested comment on the feasibility and necessity of 
additional controls for TDI emissions from the foam line.
    Four commenters responded to the EPA's request for comments on this 
item. Three of the commenters supported the EPA in proposing no control 
for TDI emissions from the foam production line. All three commenters 
noted that TDI emissions from foam production are very small. Two of 
these

[[Page 53990]]

commenters also indicated the lack of currently available control 
technologies to address these emissions and the high costs of utilizing 
technologies that are common in other applications. However, one 
commenter believed additional controls for TDI were needed. This 
commenter urged the EPA to assess applicable work practices or 
equipment standards that would reduce TDI and other emissions from the 
production line and other emission points not covered under the current 
rule.
    The EPA agrees with the three commenters who believe that the 
regulation should not control TDI emissions from the production line. 
The primary reasons for this opinion are the low level of emissions and 
the high costs of control. The EPA recognizes the concerns related to 
the health effects of TDI, even at relatively low concentrations. 
However, nationwide TDI emissions from the foam tunnel at slabstock 
polyurethane foam production facilities are estimated to be less than 
10 tons per year. A typical plant emits around 1/10 of a ton per year. 
In addition, TDI is present in exhaust streams in very low 
concentrations, typically less than 1 part per million (ppm). Currently 
available control technologies common to other applications are not 
suited to the cost-effective removal of low concentrations of TDI from 
a high velocity exhaust stream.
    Prior to proposal, the EPA determined that the floor for the 
control of TDI was no control. Further, no controls techniques were 
identified in practice to allow the consideration of levels more 
stringent than the floor. After proposal, the EPA re-investigated 
technologies for the control of TDI emissions from the foam production 
line by contacting vendors of control equipment, as well as air 
pollution regulatory agencies in other countries. Based on that 
additional analysis, the EPA concludes that the MACT floor is no 
control. Despite indications of the existence of cost-effective TDI 
control technologies, none of these efforts identified any technology 
for TDI that the Agency believed could be cost-effectively applied to 
the foam tunnel in a slabstock foam production facility.
    In the future, the EPA will conduct a section 112(f) residual risk 
assessment of the flexible polyurethane foam industry. In a section 
112(f) residual risk assessment, a regulated industry is evaluated 
based on the risks it still poses to people and the environment. If the 
assessment determines that unacceptable health risks are still related 
to the industry, the EPA will impose additional requirements on the 
industry.
    The EPA does not feel it is appropriate to require additional 
recordkeeping or reporting in this rule to support a future risk 
assessment, as suggested by the commenter. The EPA will obtain the 
necessary information at the time of the risk assessment.
3. Monthly Averaging Time
    The proposed rule allowed for two averaging time formats for 
compliance with the requirements for HAP ABA emissions from the 
production line and source-wide HAP ABA and equipment cleaning 
emissions: (1) rolling annual compliance [Sec. 63.1297(a)(1)]; and (2) 
compliance determined for each individual month. [Sec. 63.1297(a)(2)] 
At proposal, the EPA requested comments on any burdens caused by 
inclusion of the monthly compliance alternative in the proposed 
regulation.
    Two commenters responded to the EPA's request for comments on this 
item. Neither commenter reported any burdens associated with inclusion 
of the monthly compliance alternative. However, both commenters were 
concerned about the potential for being assessed penalties based on 365 
days of violations when using the rolling annual compliance 
alternative, even if the actual number of non-compliance days was much 
less.
    In response to the seasonal variation of the production of 
slabstock foam, the EPA based the proposed HAP ABA emission 
requirements on a 12-month period, where compliance would be determined 
each month for the previous 12 months. While industry recognized the 
flexibility of this 12-month averaging period, they were concerned 
regarding the enforcement of such provisions. The concerns expressed at 
that time were analogous to those made by these commenters.
    In response to these concerns, the EPA included the monthly 
compliance alternative in the proposed regulation. This alternative, 
while reducing flexibility, eliminates the potential for violations for 
a 365-day period. Since no comments were received indicating that the 
inclusion of two averaging time options was inappropriate or burdensome 
to either affected sources or enforcement agencies, both averaging 
periods were retained in the final rule.
    In response to the commenters' concern about penalties associated 
with the 12-month averaging option, the EPA points out that the rule 
cannot specify a penalty structure, but can only include the definition 
of a violation. Clearly, a violation of the HAP ABA (or source-wide) 
requirements of this rule occurs when the actual emissions exceed the 
allowable emissions. In the case of a violation, the State or local 
enforcement agency (and in some cases the EPA Regional Office) will 
determine the penalty for a violation.
    In conclusion, the commenters continue to be concerned with the 
potential penalties associated with the 12-month averaging time. The 
EPA continues to believe that the monthly averaging time is a viable 
alternative available to all affected sources, and that each owner or 
operator will have to weigh the added flexibility of the 12-month 
averaging period with the potential for higher penalties associated 
with this option.
4. Monitoring in HAP ABA Storage Vessels
    If a facility is complying with the source-wide alternative for HAP 
ABA and HAP equipment cleaners, actual emissions are measured by 
conducting a monthly material balance at the HAP ABA storage vessel. An 
input to this determination is the amount of HAP ABA in the storage 
tank. The proposed rule at Sec. 63.1303(d) contained criteria for the 
devices that could be used to measure the level of HAP ABA in the 
vessel. Gauge glasses and simple floats would not have fit these 
criteria. At proposal, the EPA requested comment on the monitoring 
requirements and whether the use of gauge glasses, float systems, and 
other visually-read systems should be allowed.
    All the commenters that provided input on this issue felt that 
visually-read level measurement systems, which are ``standard'' in the 
industry, should be allowed. They believed that visually-read 
measurement systems were sufficiently accurate, and that the 
competitive nature of the industry dictated that facilities eliminate 
raw material loss. Due to the need to manage chemical use, visually-
read level measurement systems in conjunction with existing inventory 
controls provide necessary compliance records.
    Upon reviewing these comments and collecting additional information 
on this issue by conducting a survey of storage tank level measurement 
device vendors, contacting foam trade organizations and foam producers, 
and visiting a foam plant and observing first hand the use of visually-
read level measurement devices to determine the storage tank level, the 
EPA agreed that these visually-read devices should be allowed. The EPA 
now believes that the use of gauge glasses and float systems will not 
result in significantly greater errors in level measurement than 
devices that meet the proposed

[[Page 53991]]

requirements. For example, an error analysis based on typical 10,000 
gallon storage vessels and an error in measurement of 0.5 inches 
indicates that the error is approximately 3.27 cubic feet or 24.5 
gallons (0.5 percent) for a vertical tank at half capacity. For 
horizontal tanks at half capacity, the error is approximately 8.8 cubic 
feet or 65.8 gallons (1.3 percent). In order to minimize the potential 
for human error, the final rule requires that all visually-read 
measurement devices have permanent graduated markings from which the 
level will be read. This practice should eliminate any error associated 
with the use of non-fixed measuring tools, such as tapes or rulers. 
Therefore, in the final rule, paragraph 63.1303(d) requires that 
devices that are used to measure the level in the storage vessel be 
calibrated initially and at least once per year. If the device produces 
an output signal, it must have either a digital or printed output. If 
the device is a visually-read device, it must have permanent graduated 
markings.
5. Prohibition on the Use of HAP-based Adhesives
    The EPA requested comment on the technical feasibility of 
prohibiting the use of HAP-based adhesives for foam repair in molded 
foam production. Two responses to this request were received. The first 
commenter reported that HAP-free adhesives have not been successful in 
all applications. The commenter recommended a review process that would 
allow a facility to use HAP-based mold release agents if they 
demonstrated that product quality suffered with the use of HAP-free 
adhesives. The second commenter was also concerned about the proposed 
prohibition, and recommended that the EPA defer consideration of HAP-
based adhesives until development of the foam fabrication NESHAP.
    The EPA acknowledges the commenters' concern that HAP-free 
adhesives may not be successful in all applications. In further 
conversations after proposal of the regulations, adhesive manufacturers 
indicated that the molded foam production source category was not a 
major market for their products. The EPA therefore agrees with the 
second commenter that consideration of HAP-based adhesives should be 
deferred until development of the foam fabrication NESHAP. The proposed 
provisions at 63.1300(c) prohibiting the use of HAP-based adhesives to 
repair foam products in a molded flexible polyurethane foam source have 
been removed. The Agency expects to consider use of HAP-based molded 
foam repair adhesives in the development of the flexible polyurethane 
foam fabrication NESHAP.

B. Other Rule Changes in Response to Public Comments

1. IFD and Density Testing
    The proposed rule required that the indentation force deflection 
(IFD) and density be tested for every grade of foam produced. It also 
required that the amount of polyol used be monitored for every foam 
grade, and that records of this usage be maintained. A comment was 
received stating that there was no benefit to testing foams or 
monitoring and keeping records of the amount of polyol added for grades 
that do not have any ABA in the formulation.
    For each specific grade, the allowable emissions are calculated 
using the formulation limitation (which is calculated using the IFD and 
density of the grade) and the amount of polyol used to produce the 
grade. The calculation of the allowable HAP ABA emissions is unrelated 
to the amount of HAP ABA added to the formulation for that grade. The 
amount of HAP ABA added represents the actual emissions. Therefore, if 
a facility produced a particular grade (e.g., Grade A) with a 
formulation limitation greater than zero, but used no HAP ABA, then 
emission ``credits'' would be generated. This ``credit'' would then 
allow the owner or operator to use an amount of HAP ABA higher than the 
formulation limitation for another grade (e.g., Grade B). If no testing 
of the grade, or records of polyol used, were kept for Grade A, then 
credits would not be generated to allow the production of Grade B with 
the desired amount. Therefore, the EPA sees considerable benefit in 
testing and keeping records for all grades that have formulation 
limitations greater than zero.
    However, the EPA does believe that the burden can be reduced by 
eliminating the requirement that any IFD or density testing be 
conducted for grades where the owner or operator designates the 
formulation limitation as zero. This decision is reflected in the final 
rule.
2. Definition of Flexible
    One comment was received regarding the adjective ``flexible'' in 
the term ``flexible polyurethane foam''. The commenter (IV-D-07) noted 
that while ``flexible polyurethane foam'' is defined in the rule, the 
definition did not address ``the degree of flexibility or rigidity 
associated with the foam.'' The commenter believed that their ``foam-
in-place'' operation is intended to be included within the scope of the 
proposed rule. However, the foam, which is sprayed into boxes to 
provide a protective cushioning layer for shipment of products, is 
``quite rigid in nature''. The commenter requested clarification 
regarding the meaning of flexible.
    The EPA agrees that there is a need to clarify ``flexible'' as it 
is used in the definition of flexible polyurethane foam, and has added 
language to the definition provided in the rule, as follows:
    ``Flexible polyurethane foam means a flexible cellular polymer 
containing urea and carbamate linkages in the chain backbone produced 
by reacting a diisocyanate, polyol, and water. Flexible polyurethane 
foams are open-celled, permit the passage of air through the foam, and 
possess the strength and flexibility to allow repeated distortion or 
compression under stress with essentially complete recovery upon 
removal of the stress.''
    By comparison, rigid polyurethane foams are closed-celled, do not 
allow the passage of air through the foam, and do not distort or 
compress under stress until there is sufficient stress to crush the 
foam. Rigid foams that have been crushed do not recover to their 
original shape.
    Based on information provided by the commenter, the EPA is unable 
to definitively determine if the foam produced is flexible polyurethane 
foam and if the commenter's process is subject to the rule. However, it 
is believed that the ``foam-in-place'' process described is a molded 
foam process and would be subject to the rule, if the foam produced 
meets the revised definition of flexible polyurethane foam cited above.
3. HAP ABA Emission Calculation
    One commenter noted that there was a typographical error in the 
equation as published in the preamble. The first term should appear as 
``-25(IFD).'' Two commenters noted that the HAP ABA formulation 
equation results in a negative (<0) value="" for="" the="" aba="" limitation="" in="" some="" cases.="" one="" commenter="" felt="" that="" this="" was="" a="" result="" of="" a="" typing="" error="" in="" the="" published="" equation.="" the="" second="" commenter="" was="" concerned="" that="" it="" would="" be="" ``possible="" for="" certain="" foam="" grades="" to="" calculate="" a="" negative="" monthly="" aba,="" thus="" reducing="" the="" total="" aba="" and="" misrepresenting="" the="" intent="" of="" the="" aba="" formulation="" limitation="" equation.''="" this="" commenter="" recommended="" that="" the="" minimum="" amount="" of="" aba="" be="" limited="" to="" zero="" (0)="" for="" averaging="" purposes.="" the="" epa="" recognizes="" that="" there="" was="" a="" typographical="" error="" in="" the="" equation="" as="" [[page="" 53992]]="" published="" in="" the="" preamble.="" the="" first="" term="" in="" the="" equation="" 25(ifd)="" should="" be="" preceded="" by="" a="" negative="" sign.="" the="" proposed="" regulatory="" language="" was="" correct.="" the="" final="" rule="" and="" the="" rule="" summary="" in="" the="" preamble="" for="" the="" promulgated="" regulation="" include="" the="" correct="" equation.="" however,="" the="" commenter="" was="" incorrect="" in="" assuming="" that="" an="" error="" in="" the="" published="" equation="" resulted="" in="" the="" equation="" yielding="" negative="" values.="" the="" equation="" indeed="" results="" in="" negative="" values="" for="" some="" combinations="" of="" density="" and="" indentation="" force="" deflection="" (ifd).="" the="" epa="" did="" not="" intend="" for="" these="" negative="" values="" to="" be="" used="" in="" calculating="" allowable="" emissions.="" rather,="" the="" intent="" was="" for="" the="" foam="" manufacturer="" to="" use="" zero="" if="" the="" calculated="" hap="" aba="" formulation="" limitation="" was="" negative.="" however,="" the="" proposed="" regulation="" did="" not="" state="" this="" intention,="" and="" the="" agency="" recognizes="" that="" this="" situation="" would="" clearly="" lead="" to="" confusion.="" therefore,="" in="" accordance="" with="" the="" commenter's="" suggestion,="" the="" epa="" has="" revised="" the="" regulation="" to="" clearly="" state="" that="" zero="" shall="" be="" the="" formulation="" limitation="" if="" the="" results="" of="" the="" formulation="" limitation="" equation="" are="" negative.="" a="" new="" table="" has="" been="" added="" to="" sec.="" 63.1297(d)(2)="" to="" clarify="" the="" new="" source="" formulation="" limitation="" requirements.="" 4.="" state="" delegation="" one="" comment="" was="" received="" requesting="" clarification="" as="" to="" what="" authorities,="" if="" any,="" have="" been="" delegated="" to="" states.="" the="" commenter="" reported="" that="" in="" some="" instances,="" the="" epa="" has="" specified="" within="" given="" part="" 63="" standards="" that="" certain="" authorities="" were="" not="" to="" be="" delegated="" to="" states.="" the="" proposal="" regulation="" was="" silent="" on="" the="" implementation="" and="" enforcement="" authorities="" that="" may="" be="" delegated="" to="" states.="" the="" epa="" agrees="" that="" the="" regulations="" should="" specify="" which="" authorities="" are="" and="" are="" not="" delegated="" to="" state="" and="" local="" permitting="" authorities.="" sec.="" 63.1308="" has="" been="" added="" to="" the="" regulations="" to="" identify="" these="" authorities.="" the="" new="" provisions="" clarify="" that="" the="" authority="" to="" approve="" alternative="" monitoring="" plans="" and="" emission="" limitations="" shall="" be="" retained="" by="" the="" epa="" administrator="" and="" not="" transferred="" to="" a="" state="" or="" local="" permitting="" authority.="" the="" administrator="" must="" approve="" alternative="" programs="" required="" in="" sec.="" 63.1303(b)(5)="" for="" monitoring="" hap="" aba="" and="" polyol="" added="" to="" the="" foam="" production="" line="" at="" the="" mixhead.="" alternative="" emission="" limitations="" allowed="" under="" sec.="" 63.1305(d)="" must="" also="" be="" approved="" by="" the="" administrator.="" these="" requirements="" are="" in="" keeping="" with="" longstanding="" epa="" policy="" that="" emission="" limits="" to="" satisfy="" clean="" air="" act="" requirements="" for="" protecting="" the="" public="" health,="" as="" well="" as="" the="" monitoring="" to="" demonstrate="" compliance="" with="" those="" limits,="" must="" be="" determined="" by="" the="" administrator.="" c.="" other="" changes="" to="" the="" proposed="" regulation="" in="" addition="" to="" the="" changes="" in="" response="" to="" public="" comments="" discussed="" above,="" changes="" to="" the="" proposed="" rule="" have="" been="" made="" to="" clarify="" the="" requirements="" of="" the="" regulations.="" these="" changes="" do="" not="" add="" emission="" standards="" or="" requirements="" to="" the="" regulation.="" in="" general,="" they="" specify="" aspects="" of="" the="" regulations="" that="" were="" not="" included="" in="" sufficient="" detail="" in="" the="" proposed="" rule.="" the="" effect="" of="" these="" changes="" will="" be="" to="" assure="" compliance="" with="" the="" standards="" while="" providing="" flexibility="" and="" regulatory="" certainty="" for="" affected="" sources,="" as="" well="" as="" for="" permitting="" and="" enforcement="" agencies.="" the="" changes="" are="" related="" to="" a="" test="" method="" for="" carbon="" adsorption="" and="" a="" continuous="" compliance="" demonstration.="" the="" proposed="" rule="" required="" monitoring="" of="" hap="" or="" organic="" compounds="" from="" storage="" vessel="" carbon="" adsorption="" systems="" to="" determine="" breakthrough.="" however,="" the="" rule="" did="" not="" indicate="" the="" test="" method="" to="" use="" if="" the="" owner="" or="" operator="" elected="" to="" monitor="" organic="" compound="" concentration.="" section="" 63.1303(a)(4)="" now="" specifies="" the="" use="" of="" method="" 25a="" for="" measuring="" organic="" emissions="" from="" carbon="" adsorption="" systems.="" this="" change="" clarifies="" the="" compliance="" requirements="" for="" carbon="" adsorption="" system="" use.="" the="" regulation="" has="" been="" revised="" to="" clarify="" what="" constitutes="" compliance="" with="" the="" rule.="" no="" new="" emission="" standards="" or="" work="" practice="" requirements="" have="" been="" added="" to="" the="" regulations.="" while="" the="" compliance="" requirements="" could="" be="" inferred="" from="" the="" proposed="" regulation,="" the="" final="" rule="" now="" directly="" states="" the="" specific="" actions="" needed="" and="" the="" records="" required="" to="" demonstrate="" compliance,="" absent="" credible="" evidence="" to="" the="" contrary.="" these="" changes="" will="" ensure="" compliance="" to="" protect="" the="" public="" health,="" ensure="" the="" practical="" enforceability="" of="" the="" standards,="" identify="" the="" permit="" terms="" and="" conditions="" implementing="" the="" standards,="" and="" provide="" regulatory="" clarity="" for="" affected="" sources.="" they="" are="" in="" keeping="" with="" the="" agency's="" priorities="" for="" streamlining="" the="" regulatory="" process="" and="" minimizing="" the="" burden="" on="" affected="" sources="" by="" clearly="" defining="" compliance="" terms.="" section="" 63.1308="" summarizes="" what="" indicates="" compliance="" with="" the="" standards="" in="" sec.="" 63.1293-63.1301,="" absent="" credible="" evidence="" to="" the="" contrary,="" as="" well="" as="" what="" constitutes="" a="" violation="" of="" the="" standard,="" for="" each="" requirement="" in="" the="" rule.="" facility="" owners="" will="" not="" have="" to="" speculate="" on="" how="" compliance="" with="" a="" particular="" requirement="" may="" be="" interpreted.="" for="" regulating="" agencies,="" these="" provisions="" identify="" the="" terms="" and="" conditions="" that="" could="" be="" included="" in="" the="" permit.="" the="" provisions="" thus="" increase="" regulatory="" certainty,="" minimize="" the="" amount="" of="" time="" spent="" developing="" and="" reviewing="" permit="" terms,="" and="" ensure="" enforceability.="" the="" provisions="" of="" secs.="" 63.1306(g)="" and="" 63.1308="" do="" not,="" and="" are="" not="" intended="" to,="" alter="" or="" affect="" the="" requirements="" of="" 40="" cfr="" part="" 70="" for="" the="" purposes="" of="" addressing="" the="" requirements="" of="" this="" subpart,="" or="" any="" applicable="" requirements,="" in="" part="" 70="" permits.="" sources="" required="" to="" have="" a="" title="" v="" operating="" permit="" must="" submit="" annual="" compliance="" certifications="" consistent="" with="" sec.="" 70.6(c)(5)="" applicable="" to="" all="" permit="" terms="" and="" conditions,="" which="" include="" applicable="" requirements="" such="" as="" subpart="" iii.="" the="" certification="" requirements="" of="" part="" 70="" require="" a="" statement="" from="" part="" 70="" sources="" that,="" based="" on="" information="" and="" belief="" formed="" after="" reasonable="" inquiry,="" the="" statments="" and="" information="" in="" certifications--="" including="" annual="" compliance="" certifications--are="" true,="" accurate,="" and="" complete="" (40="" cfr="" 70.5(d)="" and="" 71.5(d)).="" while="" a="" part="" 70="" compliance="" certification="" may="" be="" used="" to="" satisfy="" the="" requirements="" of="" sec.="" 63.1306(g)="" (see="" sec.="" 63.1306(g)(2))="" the="" annual="" compliance="" certification="" required="" by="" sec.="" 63.1306(g)="" may="" not="" be="" used="" to="" satisfy="" the="" compliance="" certification="" requirements="" of="" part="" 70,="" for="" purposes="" of="" part="" 70="" permits="" that="" include="" subpart="" iii="" as="" an="" applicable="" requirement.="" in="" addition="" to="" the="" clarifying="" changes="" noted="" above,="" the="" epa="" has="" removed="" the="" requirement="" that="" each="" facility="" develop,="" maintain,="" and="" implement="" a="" startup,="" shutdown,="" and="" malfunction="" plan.="" the="" general="" provisions="" include="" the="" requirements="" for="" a="" startup,="" shutdown,="" and="" malfunction="" plan="" in="" sec.="" 63.6(e)(3).="" a="" table="" of="" the="" proposed="" rule="" indicated="" that="" the="" provisions="" of="" sec.="" 63.6="" were="" applicable="" to="" flexible="" polyurethane="" foam="" production="" affected="" sources.="" in="" the="" exercise="" of="" improving="" the="" clarity="" of="" the="" rule,="" the="" epa="" decided="" that="" it="" would="" be="" more="" apparent="" to="" affected="" sources="" if="" the="" provisions="" related="" to="" the="" startup,="" shutdown,="" and="" malfunction="" were="" included="" in="" this="" rule,="" rather="" than="" simply="" referring="" to="" subpart="" a.="" however,="" in="" adding="" these="" provisions,="" the="" epa="" concluded="" that="" they="" were="" not="" appropriate="" for="" the="" flexible="" polyurethane="" foam="" production="" industry.="" therefore,="" the="" final="" rule="" has="" removed="" the="" requirement="" that="" flexible="" polyurethane="" foam="" affected="" sources="" create="" and="" implement="" a="" startup,="" shutdown,="" and="" malfunction="" plan.="" this="" is="" indicated="" by="" a="" ``no''="" in="" the="" general="" [[page="" 53993]]="" provisions="" table="" (table="" 2)="" of="" the="" final="" rule="" for="" sec.="" 63.6(e)(3).="" the="" rationale="" for="" this="" conclusion="" is="" briefly="" discussed="" below.="" the="" fundamental="" problem="" in="" applying="" the="" general="" provisions="" startup,="" shutdown,="" and="" malfunction="" provisions="" to="" flexible="" polyurethane="" foam="" production="" facilities="" is="" defining="" a="" startup="" and="" a="" shutdown.="" the="" foam="" production="" process="" is="" intermittant="" in="" nature="" and,="" based="" on="" the="" epa's="" knowledge="" of="" the="" industry,="" every="" foam="" production="" process="" will="" undergo="" at="" least="" one="" routine="" ``startup''="" and="" one="" routine="" ``shutdown''="" per="" day.="" the="" epa="" never="" intended="" that="" these="" routine="" activities="" be="" addressed="" by="" the="" startup,="" shutdown,="" and="" malfunction="" plan.="" the="" intent="" of="" the="" startup,="" shutdown,="" and="" malfunction="" plan="" is="" to="" identify="" methods="" to="" reduce="" excess="" emissions="" that="" may="" occur="" during="" these="" events="" when="" air="" pollution="" is="" emitted="" in="" quantities="" greater="" than="" anticipated="" by="" the="" standard.="" given="" the="" comprehensive="" approach="" of="" subpart="" iii="" to="" regulate="" emissions="" by="" restricting="" the="" amount="" of="" hap="" used,="" the="" epa="" does="" not="" believe="" that,="" for="" foam="" production="" facilities,="" startups,="" shutdowns,="" or="" malfunctions="" provide="" the="" opportunity="" for="" excess="" emissions="" not="" already="" anticipated="" in="" the="" regulation.="" finally,="" as="" discussed="" in="" section="" i.a,="" two="" of="" the="" hap="" used="" and="" potentially="" emitted="" during="" malfunctions="" by="" the="" flexible="" polyurethane="" foam="" industry="" (2,4-="" toluene="" diisocyanate="" and="" propylene="" oxide)="" are="" subject="" to="" the="" risk="" management="" program="" rule="" requirements="" under="" section="" 112(r)="" of="" the="" 1990="" clean="" air="" act="" amendments.="" v.="" administrative="" requirements="" a.="" docket="" a="" record="" has="" been="" established="" for="" this="" rulemaking="" under="" docket="" number="" a-95-48.="" the="" record="" includes="" printed,="" paper="" versions="" of="" comments="" and="" data="" submitted="" electronically.="" a="" public="" version="" of="" this="" record,="" which="" does="" not="" include="" any="" information="" included="" as="" cbi,="" is="" available="" for="" inspection="" from="" 8:00="" a.m.="" to="" 5:30="" p.m.="" monday-friday,="" excluding="" legal="" holidays.="" the="" public="" record="" is="" located="" in="" the="" air="" &="" radiation="" docket="" &="" information="" center,="" room="" m1500,="" 401="" m="" street="" sw,="" washington,="" dc="" 20460.="" response-to-comment="" document.="" the="" response-to-comment="" document="" for="" the="" promulgated="" standards="" contains:="" (1)="" a="" summary="" of="" the="" public="" comments="" made="" on="" the="" proposed="" standards="" and="" the="" administrator's="" response="" to="" the="" comments;="" and="" (2)="" a="" summary="" of="" the="" changes="" made="" to="" the="" standards="" since="" proposal.="" the="" document="" may="" be="" obtained="" from="" the="" u.s.="" epa="" library="" (md-35),="" research="" triangle="" park,="" north="" carolina="" 27711,="" telephone="" (919)="" 541-2777.="" it="" may="" also="" be="" obtained="" from="" the="" national="" technical="" information="" services,="" 5285="" port="" royal="" road,="" springfield,="" virginia="" 22151,="" telephone="" (703)="" 487-4650.="" please="" refer="" to="" ``hazardous="" air="" pollutant="" emissions="" from="" the="" flexible="" polyurethane="" foam="" production="" industry--basis="" and="" purpose="" document="" for="" final="" standards,="" summary="" of="" public="" comments="" and="" responses''="" (epa-453/r-97-008b,="" december="" 1997).="" this="" document="" is="" also="" located="" in="" the="" docket="" (docket="" item="" no.="" v-b-1)="" and="" is="" available="" for="" downloading="" from="" the="" technology="" transfer="" network="" (ttn).="" the="" ttn="" is="" one="" of="" the="" epa's="" electronic="" bulletin="" boards.="" the="" ttn="" provides="" information="" and="" technology="" exchange="" in="" various="" areas="" of="" air="" pollution="" control.="" the="" service="" is="" free="" except="" for="" the="" cost="" of="" a="" phone="" call.="" dial="" (919)="" 541-5742="" for="" up="" to="" a="" 14,400="" bps="" modem,="" or="" connect="" through="" the="" internet="" to="" the="" following="" address:="">www.epa.gov/ttn/
oarpg''. If more information on the Technology Transfer Network is 
needed, call the HELP line at [phone].
    Previous Background Documents. Other materials related to this 
rulemaking are available for review in the docket. The Basis and 
Purpose Document, which contains the rationale for the various 
components of the standard, is available in the docket and on the TTN. 
This document is entitled ``Hazardous Air Pollutant Emissions from the 
Production of Flexible Polyurethane Foam--Basis and Purpose Document 
for Proposed Standards,'' September 1996, and has been assigned 
document number EPA-453/D-96-008a.
    Some of the technical memoranda have been compiled into a single 
document, the Supplementary Information Document (SID), to allow 
interested parties more convenient access to the information. The SID 
is available in the docket (Docket No. A-95-48 Category III-B), and, in 
limited supply, from the EPA Library by calling [phone]. The 
document is entitled Hazardous Air Pollutant Emissions from the 
Production of Flexible Polyurethane Foam--Supplementary Information 
Document for Proposed Standards, October 1996, and has been assigned 
document number EPA-453/D-96-009a.

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 5173, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in 
standards that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect, in a material way, the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, 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.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

C. Applicability of Executive Order 13045

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that the EPA determines (1) is 
``economically significant,'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to Executive Order 13045 because it 
is not an economically significant regulatory action as defined by 
Executive Order 12866, and it does not address an environmental health 
or safety risk that would have a disproportionate effect on children.

D. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this rule under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0357.
    The public reporting burden for this collection of information is 
estimated to

[[Page 53994]]

average 101 hours per respondent per year. The average burden for the 
78 affected slabstock foam producers is somewhat higher than this 
estimate, due to their monthly recordkeeping and semiannual reporting 
requirements, while the average burden for the 98 affected molded foam 
manufacturers is less than 101 hours, since they are only required to 
submit an initial one-time notification of compliance. No cost burden 
associated with the purchase of new equipment or technology is 
estimated to result from this collection of information. These 
estimates include time for reviewing instructions, searching existing 
data sources, gathering and maintaining the data needed, and completing 
and reviewing the collection of information.
    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 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The EPA 
is amending the table in 40 CFR Part 9 of currently approved ICR 
control numbers issued by OMB for various regulations to list the 
information requirements contained in this final rule.

E. Regulatory Flexibility Act

    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.
    Due to insufficient data on the ownership of the plants in the 
flexible polyurethane foam industry, an analysis of each parent company 
in the industry was not feasible. Consequently, the EPA used data 
collected in the section 114 survey to evaluate the impact on small 
businesses based on model facilities. That analysis indicates that 
there is a total of approximately 121 businesses (31 slabstock, 90 
molded) that are affected by the promulgated regulation, of which 
approximately 71 are small businesses (18 slabstock, 53 molded).
    The calculation of average compliance costs as a percent of 
revenues is less than one percent for nearly all model facilities in 
the analysis. The analysis also indicates a potential for business 
closures ranging from 0 to 3 of the total number of estimated entities. 
However, because there is insufficient data to determine the exact size 
of the plants that may close, the analysis cannot determine if these 
impacts will occur at small businesses. Given the results of the 
analysis and the use of worst-case assumptions in the closure analysis, 
the EPA believes that the effect of the promulgated regulation on small 
businesses will be minimal.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), as amended, Pub. L. 104-121, 110 Stat. 847, the EPA 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities and therefore no initial 
regulatory flexibility analysis under section 604(a) of the Act is 
required.

F. Submission to Congress and the Comptroller General

    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. The EPA will submit 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 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).

G. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in aggregate, or the private 
sector in any one year, nor does the rule significantly or uniquely 
impact small governments, because it contains no requirements that 
apply to such governments or impose obligations upon them. Thus, the 
requirements of the UMRA do not apply to this rule.

H. Executive Order 12875: Enhancing Intergovernmental Partnerships

    Under Executive Order 12875, the EPA may not issue a regulation 
that is not required by statute and that creates a mandate upon a 
State, local or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments. If the mandate is unfunded, the EPA must 
provide to the Office of Management and Budget a description of the 
extent of EPA's prior consultation with representatives of affected 
State, local and tribal governments, the nature of their concerns, 
copies of any written communications from the governments, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 12875 requires the EPA to develop an effective process 
permitting elected officials and other representatives of State, local 
and tribal governments ``to provide meaningful and timely input in the 
development of regulatory proposals containing significant unfunded 
mandates.''
    Today's rule implements requirements specifically set forth by the 
Congress in Section 112 of the Clean Air Act without the exercise of 
any discretion by the EPA. Accordingly, the requirements of section 
1(a) of Executive Order 12875 do not apply to this rule.

[[Page 53995]]

I. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, the EPA may not issue a regulation 
that is not required by statute, that significantly or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. If the mandate is 
unfunded, the EPA must provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires the EPA to 
develop an effective process permitting elected and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule implements requirements specifically set forth by the 
Congress in Section 112 of the Clean Air Act without the exercise of 
any discretion by the EPA. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply to this rule.

J. Clean Air Act

    In accordance with section 117 of the Act, publication of this rule 
was preceded by consultation with appropriate advisory committees, 
independent experts, and Federal departments and agencies.
    This regulation will be reviewed 8 years from the date of 
promulgation. This review will include an assessment of such factors as 
evaluation of the residual health risks, any overlap with other 
programs, the existence of alternative methods, enforceability, 
improvements in emission control technology and health data, and the 
recordkeeping and reporting requirements.

K. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
of 1995 (NTTAA) requires federal agencies to evaluate existing 
technical standards when developing new regulations. To comply with the 
NTTAA, the EPA must consider and use ``voluntary consensus standards'' 
(VCS), if available and applicable, when developing NESHAP and other 
programs and policies unless doing so would be inconsistent with 
applicable law or otherwise impractical.
    A VCS is a technical standard developed or adopted by a legitimate 
standards developing organization. The NTTAA defines ``technical 
standards'' as ``performance-based or design-specific technical 
specifications and related management systems practices.'' According to 
NTTAA's legislative history, a ``technical standard'' pertains to 
``products and processes, such as size, strength, or technical 
performance of a product, process or material.'' A legitimate 
standards-developing organization must produce standards by consensus 
and observe the principles of due process, openness, and balance of 
interests.
    Examples of organizations generally regarded as voluntary consensus 
standards bodies include the American Society for Testing and Materials 
(ASTM), International Organization for Standardization (ISO), 
International Electrotechnical Commission (IEC), American Petroleum 
Institute (API), National Fire Protection Association (NFPA) and the 
Society of Automotive Engineers (SAE).
    The well-known American National Standards Institute (ANSI) 
evaluates the standards development processes of these bodies, and when 
requested by one of them, certifies standards meeting the above 
criteria as American National Standards. Such a designation is an 
important indicator for determining whether a given standard qualifies 
as a legitimate VCS.
    In developing the flexible polyurethane foam regulation, the EPA 
searched for potentially useful VCS. This search included the use of 
the National Standards System Network and the National Center for 
Standards for Certification Information. The Agency also conducted 
extensive conversations with the affected industry and other 
stakeholders. In response to this information, the regulation includes 
two VCS--ASTM D3574 and National Institute of Standards and Technology 
Handbook 44. ASTM D3574 is used to determine IFD and density of 
slabstock foam buns. Transfer vehicle weight may be determined by using 
the procedures contained in the National Institute of Standards and 
Technology Handbook 44. These VCS were selected for incorporation by 
reference because they provide the proper information with sufficient 
accuracy for this rule.
    The EPA is not required to give deference under NTTAA to a standard 
that does not qualify as a VCS. Sight gauges and other level 
measurement devices, which are commonly used in the industry, do not 
qualify as VCS. However, the Agency did elect to utilize such devices 
to measure HAP ABA added to storage vessels in slabstock flexible 
polyurethane foam facilities. These requirements are described in 
Section II. C.4. of this preamble. The decision to adopt common 
industry practices reflects the Agency's commitment to reduce costs to 
the private sector where technically feasible and in accordance with 
Clean Air Act requirements.

List of Subjects in 40 CFR Parts 9 and 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Reporting and recordkeeping 
requirements.

    Dated: September 15, 1998.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, parts 9 and 63 of title 
40, chapter I of the Code of Federal Regulations are amended as 
follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.

    2. Section 9.1 is amended by adding the new entries to the table 
under the indicated heading in numerical order to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.
------------------------------------------------------------------------
            *         *         *         *         *
63.1290--63.1309...........................................    2060-0357
            *         *         *         *         *
------------------------------------------------------------------------


[[Page 53996]]

    National Emission Standards for Hazardous Air Pollutants for Source 
Categories3
---------------------------------------------------------------------------

    \3\ The ICRs referenced in this section of the Table encompass 
the applicable general, provisions contained in 40 CFR part 63, 
subpart A, which are not independent information collection 
requirements.
---------------------------------------------------------------------------

* * * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR AFFECTED SOURCE CATEGORIES

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

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

Subpart A--General Provisions

    4. Section 63.14 is amended by revising paragraph (b) introductory 
text, and adding paragraphs (b)(20) and (e) to read as follows:


Sec. 63.14  Incorporation by reference.

* * * * *
    (b) The materials listed below are available for purchase from at 
least one of the following addresses: American Society for Testing and 
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or 
University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 
48106.
* * * * *
    (20) ASTM D3574-91, Standard Test Methods for Flexible Cellular 
Materials--Slab, Bonded, and Molded Urethane Foams, IBR approved for 
Sec. 63.1304(b).
* * * * *
    (e) The materials listed below are available for purchase from the 
National Institute of Standards and Technology, Springfield, VA 22161, 
[phone].
    (1) Handbook 44, Specificiations, Tolerances, and Other Technical 
Requirements for Weighing and Measuring Devices 1998, IBR approved for 
Sec. 63.1303(e)(3).
    (2) [Reserved]
    5. Part 63 is amended by adding subpart III to read as follows:

Subpart III--National Emission Standards for Hazardous Air Pollutants 
for Flexible Polyurethane Foam Production

Sec.
63.1290  Applicability.
63.1291  Compliance schedule.
63.1292  Definitions.
63.1293   Standards for slabstock flexible polyurethane foam 
production.
63.1294  Standards for slabstock flexible polyurethane foam 
production--diisocyanate emissions.
63.1295  Standards for slabstock flexible polyurethane foam 
production--HAP ABA storage vessels.
63.1296  Standards for slabstock flexible polyurethane foam 
production--HAP ABA equipment leaks.
63.1297  Standards for slabstock flexible polyurethane foam 
production--HAP ABA emissions from the production line.
63.1298  Standards for slabstock flexible polyurethane foam 
production--HAP emissions from equipment cleaning.
63.1299  Standards for slabstock flexible polyurethane foam 
production--source-wide emission limitation.
63.1300  Standards for molded flexible polyurethane foam production.
63.1301  Standards for rebond foam production.
63.1302  Applicability of subpart A requirements.
63.1303  Monitoring requirements.
63.1304  Testing requirements.
63.1305  Alternative means of emission limitation.
63.1306  Reporting requirements.
63.1307  Recordkeeping requirements.
63.1308  Compliance demonstrations.
63.1309  Delegation of authority.
Appendix to Subpart III--Tables

Subpart III--National Emission Standards for Hazardous Air 
Pollutants for Flexible Polyurethane Foam Production


Sec. 63.1290  Applicability.

    (a) The provisions of this subpart apply to each new and existing 
flexible polyurethane foam or rebond foam process that meets the 
criteria listed in paragraphs (a)(1) through (3) of this section.
    (1) Produces flexible polyurethane or rebond foam;
    (2) Emits a HAP, except as provided in paragraph (c)(2) of this 
section; and
    (3) Is located at a plant site that is a major source, as defined 
in Sec. 63.2 of subpart A.
    (b) For the purpose of this subpart, an affected source includes 
all processes meeting the criteria in paragraphs (a)(1) through (a)(3) 
of this section that are located at a contiguous plant site, with the 
exception of those processes listed in paragraph (c) of this section.
    (c) A process meeting one of the following criteria listed in 
paragraphs (c)(1) through (3) of this section shall not be subject to 
the provisions of this subpart:
    (1) A process exclusively dedicated to the fabrication of flexible 
polyurethane foam;
    (2) A research and development process; or
    (3) A slabstock flexible polyurethane foam process at a plant site 
where the total amount of HAP, excluding diisocyanate reactants, used 
for slabstock foam production and foam fabrication is less than or 
equal to five tons per year, provided that slabstock foam production 
and foam fabrication processes are the only processes at the plant site 
that emit HAP. The amount of non-diisocyanate HAP used, 
HAPused, shall be calculated using Equation 1. Owners or 
operators of slabstock foam processes exempt from the regulation in 
accordance with this paragraph shall maintain records to verify that 
total non-diisocyanate HAP use at the plant site is less than 5 tons 
per year (4.5 megagrams per year).
[GRAPHIC] [TIFF OMITTED] TR07OC98.012

Where,
HAPused = amount of HAP, excluding diisocyanate reactants, 
used at the plant site for slabstock foam production and foam 
fabrication, tons per year
VOLABA,i = volume of HAP ABA i used at the facility, gallons 
per year
DABA,i = density of HAP ABA i, pounds per gallon
m = number of HAP ABAs used
VOLclean,j = volume of HAP used as an equipment cleaner, 
gallons per year
Dclean,j = density of HAP equipment cleaner j, pounds per 
gallon
WTHAPclean,k = HAP content of equipment cleaner j, weight 
percent
n = number of HAP equipment cleaners used
VOLadh,k = volume of adhesive k, gallons per year
Dadh,k = density of adhesive k, pounds per gallon
WTHAPadh,k = HAP content of adhesive k, weight percent
o = number of adhesives used


Sec. 63.1291  Compliance schedule.

    (a) Existing affected sources shall be in compliance with all 
provisions of this subpart no later than October 8, 2001.
    (b) New or reconstructed affected sources shall be in compliance 
with all provisions of this subpart upon initial startup.

[[Page 53997]]

Sec. 63.1292  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in subpart A of this part, and in this section. If a term is 
defined in subpart A and in this section, it shall have the meaning 
given in this section for purposes of this subpart.
    Auxiliary blowing agent, or ABA, means a low-boiling point liquid 
added to assist foaming by generating gas beyond that resulting from 
the isocyanate-water reaction.
    Breakthrough means that point in the adsorption step when the mass 
transfer zone (i.e., the section of the carbon bed where the HAP is 
removed from the carrier gas stream) first reaches the carbon bed 
outlet as the mass transfer zone moves down the bed in the direction of 
flow. The breakthrough point is characterized by the beginning of a 
sharp increase in the outlet HAP or organic compound concentration.
    Calibrate means to verify the accuracy of a measurement device 
against a known standard. For the purpose of this subpart, there are 
two levels of calibration. The initial calibration includes the 
verification of the accuracy of the device over the entire operating 
range of the device. Subsequent calibrations can be conducted for a 
point or several points in a limited range of operation that represents 
the most common operation of the device.
    Canned motor pump means a pump with interconnected cavity housings, 
motor rotors, and pump casing. In a canned motor pump, the motor 
bearings run in the process liquid and all seals are eliminated.
    Carbon adsorption system means a system consisting of a tank or 
container that contains a specific quantity of activated carbon. For 
the purposes of this subaprt, a carbon adsorption system is used as a 
control device for storage vessels. Typically, the spent carbon bed 
does not undergo regeneration, but is replaced.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A 
common connector is a flange. Joined fittings welded completely around 
the circumference of the interface are not considered to be connectors 
for the purposes of this subpart.
    Cured foam means flexible polyurethane foam with fully developed 
physical properties. A period of 12 to 24 hours from pour is typically 
required to completely cure foam, although mechanical or other devices 
are sometimes used to accelerate the curing process.
    Curing area means the area in a slabstock foam production facility 
where foam buns are allowed to fully develop physical properties.
    Diaphragm pump means a pump where the driving member is a flexible 
diaphragm made of metal, rubber, or plastic. In a diaphragm pump, there 
is no packing or seals that are exposed to the process liquid.
    Diisocyanate means a compound containing two isocyanate groups per 
molecule. The most common diisocyanate compounds used in the flexible 
polyurethane foam industry are toluene diisocyanate (TDI) and methylene 
diphenyl diisocyanate (MDI).
    Flexible polyurethane foam means a flexible cellular polymer 
containing urea and carbamate linkages in the chain backbone produced 
by reacting a diisocyanate, polyol, and water. Flexible polyurethane 
foams are open-celled, permit the passage of air through the foam, and 
possess the strength and flexibility to allow repeated distortion or 
compression under stress with essentially complete recovery upon 
removal of the stress.
    Flexible polyurethane foam process means the equipment used to 
produce a flexible polyurethane foam product. For the purpose of this 
subpart, the flexible polyurethane foam process includes raw material 
storage; production equipment and associated piping, ductwork, etc.; 
and curing and storage areas.
    Foam fabrication process means an operation for cutting or bonding 
flexible polyurethane foam pieces together or to other substrates.
    Grade of foam means foam with a distinct combination of indentation 
force deflection (IFD) and density values.
    HAP ABA means methylene chloride, or any other HAP compound used as 
an auxiliary blowing agent.
    HAP-based means to contain 5 percent (by weight) or more of HAP. 
This applies to equipment cleaners (and mixhead flushes) and mold 
release agents. The concentration of HAP may be determined using EPA 
test method 18, material safety data sheets, or engineering 
calculations.
    High-pressure mixhead means a mixhead where mixing is achieved by 
impingement of the high pressure streams within the mixhead.
    Indentation Force Deflection (IFD) means a measure of the load 
bearing capacity of flexible polyurethane foam. IFD is generally 
measured as the force (in pounds) required to compress a 50 square inch 
circular indentor foot into a four inch thick sample, typically 15 
inches square or larger, to 25 percent of the sample's initial height.
    In diisocyanate service means a piece of equipment that contains or 
contacts a diisocyanate.
    In HAP ABA service means a piece of equipment that contains or 
contacts a HAP ABA.
    Initial startup means the first time a new or reconstructed 
affected source begins production of flexible polyurethane foam.
    Isocyanate means a reactive chemical grouping composed of a 
nitrogen atom bonded to a carbon atom bonded to an oxygen atom; or a 
chemical compound, usually organic, containing one or more isocyanate 
groups.
    Magnetic drive pump means a pump where an externally-mounted magnet 
coupled to the pump motor drives the impeller in the pump casing. In a 
magnetic drive pump, no seals contact the process fluid.
    Metering pump means a pump used to deliver reactants, ABA, or 
additives to the mixhead.
    Mixhead means a device that mixes two or more component streams 
before dispensing foam producing mixture to the desired container.
    Molded flexible polyurethane foam means a flexible polyurethane 
foam that is produced by shooting the foam mixture into a mold of the 
desired shape and size.
    Mold release agent means any material which, when applied to the 
mold surface, serves to prevent sticking of the foam part to the mold.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or otherwise operated by the same entity, parent 
entity, subsidiary, or any combination thereof.
    Polyol, for the purpose of this subpart, means a polyether or 
polyester polymer with more than one reactive hydroxyl group attached 
to the molecule.
    Rebond foam means the foam resulting from a process of adhering 
small particles of foam (usually scrap or recycled foam) together to 
make a usable cushioning product. Various adhesives and bonding 
processes are used. A typical application for rebond foam is for carpet 
underlay.
    Rebond foam process means the equipment used to produce a rebond 
foam product. For the purpose of this subpart, the rebond foam process 
includes raw material storage; production equipment and associated 
piping, ductwork, etc.; and curing and storage areas.
    Reconstructed source means an affected source undergoing

[[Page 53998]]

reconstruction, as defined in subpart A. For the purposes of this 
subpart, process modifications made to reduce HAP ABA emissions to meet 
the existing source requirements of this subpart shall not be counted 
in determining whether or not a change or replacement meets the 
definition of reconstruction.
    Recovery device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals for use, reuse, or 
sale. Recovery devices include, but are not limited to, carbon 
adsorbers, absorbers, and condensers.
    Research and development process means a laboratory or pilot plant 
operation 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 which is not 
engaged in the manufacture of products for commercial sale except in a 
de minimis manner.
    Run of foam means a continuous production of foam, which may 
consist of several grades of foam.
    Sealless pump means a canned-motor pump, diaphragm pump, or 
magnetic drive pump, as defined in this section.
    Slabstock flexible polyurethane foam means flexible polyurethane 
foam that is produced in large continuous buns that are then cut into 
the desired size and shape.
    Slabstock flexible polyurethane foam production line includes all 
portions of the flexible polyurethane foam process from the mixhead to 
the point in the process where the foam is completely cured.
    Storage vessel means a tank or other vessel that is used to store 
diisocyanate or HAP ABA for use in the production of flexible 
polyurethane foam. Storage vessels do not include vessels with 
capacities smaller than 38 cubic meters (or 10,000 gallons).
    Transfer pump means all pumps used to transport diisocyanate or HAP 
ABA that are not metering pumps.
    Transfer vehicle means a railcar, tank truck, or other vehicle used 
to transport HAP ABA to the flexible polyurethane foam facility.


Sec. 63.1293  Standards for slabstock flexible polyurethane foam 
production.

    Each owner or operator of a new or existing slabstock affected 
source shall comply with Sec. 63.1294 and either paragraph (a) or (b) 
of this section:
    (a) The emission point specific limitations in Secs. 63.1295 
through 63.1298; or
    (b) For sources that use no more than one HAP as an ABA and an 
equipment cleaner, the source-wide emission limitation in Sec. 63.1299.


Sec. 63.1294  Standards for slabstock flexible polyurethane foam 
production--diisocyanate emissions.

    Each new and existing slabstock affected source shall comply with 
the provisions of this section.
    (a) Diisocyanate storage vessels. Diisocyanate storage vessels 
shall be equipped with either a system meeting the requirements in 
paragraph (a)(1) of this section, or a carbon adsorption system meeting 
the requirements of paragraph (a)(2) of this section.
    (1) The storage vessel shall be equipped with a vapor return line 
from the storage vessel to the tank truck or rail car that is connected 
during unloading.
    (i) During each unloading event, the vapor return line shall be 
inspected for leaks by visual, audible, or any other detection method.
    (ii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than the subsequent unloading event.
    (2) The storage vessel shall be equipped with a carbon adsorption 
system, meeting the monitoring requirements of Sec. 63.1303(a), that 
routes displaced vapors through activated carbon before being 
discharged to the atmosphere. The owner or operator shall replace the 
existing carbon with fresh carbon upon indication of breakthrough 
before the next unloading event.
    (b) Transfer pumps in diisocyanate service. Each transfer pump in 
diisocyanate service shall meet the requirements of paragraph (b)(1) or 
(b)(2) of this section.
    (1) The pump shall be a sealless pump; or
    (2) The pump shall be a submerged pump system meeting the 
requirements in paragraphs (b)(2)(i) through (iii) of this section.
    (i) The pump shall be completely immersed in bis(2-
ethylhexyl)phthalate (DEHP, CAS #118-81-7), 2(methyloctyl)phthalate 
(DINP, CAS #68515-48-0), or another neutral oil.
    (ii) The pump shall be visually monitored weekly to detect leaks,
    (iii) When a leak is detected, it shall be repaired in accordance 
with the procedures in paragraphs (b)(2)(iii)(A) and (B) of this 
section, except as provided in paragraph (d) of this section.
    (A) The leak shall be repaired as soon as practicable, but not 
later than 15 calendar days after it is detected.
    (B) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempts at repair 
include, but are not limited to, the following practices where 
practicable:
    (1) Tightening of packing gland nuts.
    (2) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (c) Other components in diisocyanate service. If evidence of a leak 
is found by visual, audible, or any other detection method, it shall be 
repaired as soon as practicable, but not later than 15 calendar days 
after it is detected, except as provided in paragraph (d) of this 
section. The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) Delay of repair. (1) Delay of repair of equipment for which 
leaks have been detected is allowed for equipment that is isolated from 
the process and that does not remain in diisocyanate service.
    (2) Delay of repair for valves and connectors is also allowed if:
    (i) The owner or operator determines that diisocyanate emissions of 
purged material resulting from immediate repair are greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) The purged material is collected and destroyed or recovered in 
a control device when repair procedures are effected.
    (3) Delay of repair for pumps is also allowed if repair requires 
replacing the existing seal design with a sealless pump, and repair is 
completed as soon as practicable, but not later than 6 months after the 
leak was detected.


Sec. 63.1295  Standards for slabstock flexible polyurethane foam 
production--HAP ABA storage vessels.

    Each owner or operator of a new or existing slabstock affected 
source complying with the emission point specific limitation option 
provided in Sec. 63.1293(a) shall control HAP ABA storage vessels in 
accordance with the provisions of this section.
    (a) Each HAP ABA storage vessel shall be equipped with either a 
vapor balance system meeting the requirements in paragraph (b) of this 
section, or a carbon adsorption system meeting the requirements of 
paragraph (c) of this section.
    (b) The storage vessel shall be equipped with a vapor balance 
system. The owner or operator shall ensure that the vapor return line 
from the storage vessel to the tank truck or rail car is connected 
during unloading.
    (1) During each unloading event, the vapor return line shall be 
inspected for leaks by visual, audible, olfactory, or any other 
detection method.
    (2) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than the subsequent unloading event.

[[Page 53999]]

    (c) The storage vessel shall be equipped with a carbon adsorption 
system, meeting the monitoring requirements of Sec. 63.1303(a), that 
routes displaced vapors through activated carbon before discharging to 
the atmosphere. The owner or operator shall replace the existing carbon 
with fresh carbon upon indication of breakthrough before the next 
unloading event.


Sec. 63.1296  Standards for slabstock flexible polyurethane foam 
production--HAP ABA equipment leaks.

    Each owner or operator of a new or existing slabstock affected 
source complying with the emission point specific limitation option 
provided in Sec. 63.1293(a) shall control HAP ABA emissions from leaks 
from transfer pumps, valves, connectors, pressure-relief valves, and 
open-ended lines in accordance with the provisions in this section.
    (a) Pumps. Each pump in HAP ABA service shall be controlled in 
accordance with either paragraph (a)(1) or (a)(2) of this section.
    (1) The pump shall be a sealless pump, or
    (2) Each pump shall be monitored for leaks in accordance with 
paragraphs (a)(2)(i) and (ii) of this section. Leaks shall be repaired 
in accordance with paragraph (a)(2)(iii) of this section.
    (i) Each pump shall be monitored quarterly to detect leaks by the 
method specified in Sec. 63.1304(a). If an instrument reading of 10,000 
parts per million (ppm) or greater is measured, a leak is detected.
    (ii) Each pump shall be checked by visual inspection each calendar 
week for indications of liquids dripping from the pump seal. If there 
are indications of liquids dripping from the pump seal, a leak is 
detected.
    (iii) When a leak is detected, it shall be repaired in accordance 
with the procedures in paragraphs (a)(2)(iii)(A) and (B) of this 
section, except as provided in paragraph (f) of this section.
    (A) The leak shall be repaired as soon as practicable, but not 
later than 15 calendar days after it is detected.
    (B) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempts at repair 
include, but are not limited to, the following practices, where 
practicable:
    (1) Tightening of packing gland nuts.
    (2) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (b) Valves. Each valve in HAP ABA service shall be monitored for 
leaks in accordance with paragraph (b)(1) of this section, except as 
provided in paragraphs (b)(3) and (4) of this section. Leaks shall be 
repaired in accordance with paragraph (b)(2) of this section.
    (1) Each valve shall be monitored quarterly to detect leaks by the 
method specified in Sec. 63.1304(a). If an instrument reading of 10,000 
parts per million or greater is measured, a leak is detected.
    (2) When a leak is detected, the owner or operator shall repair the 
leak in accordance with the procedures in paragraphs (b)(2)(i) and (ii) 
of this section, except as provided in paragraph (f) of this section.
    (i) The leak shall be repaired as soon as practicable, but not 
later than 15 calendar days after it is detected.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempts at repair 
include, but are not limited to, the following practices where 
practicable:
    (A) Tightening of bonnet bolts;
    (B) Replacement of bonnet bolts;
    (C) Tightening of packing gland nuts; and
    (D) Injection of lubricant into lubricated packing.
    (3) Any valve that is designated as an unsafe-to-monitor valve is 
exempt from the requirements of paragraphs (b)(1) and (2) of this 
section if:
    (i) The owner or operator of the valve determines that the valve is 
unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraphs (b)(1) 
and (2) of this section; and
    (ii) The owner or operator of the valve has a written plan that 
requires monitoring of the valve as frequently as practicable during 
safe-to-monitor times. The plan shall also include requirements for 
repairing leaks as soon as possible after detection.
    (iii) The owner or operator shall monitor the unsafe-to-monitor 
valve in accordance with the written plan, and
    (iv) The owner or operator shall repair leaks in accordance with 
the written plan.
    (4) Any valve that is designated as a difficult-to-monitor valve is 
exempt from the requirements of paragraphs (b)(1) and (2) of this 
section if:
    (i) The owner or operator of the valve determines that the valve 
cannot be monitored without elevating the monitoring personnel more 
than 2 meters above a support surface or it is not accessible at any 
time in a safe manner;
    (ii) The process within which the valve is located is an existing 
source, or the process within which the valve is located is a new 
source that has less than 3 percent of the total number of valves 
designated as difficult to monitor; and
    (iii) The owner or operator of the valve develops a written plan 
that requires monitoring of the valve at least once per calendar year. 
The plan shall also include requirements for repairing leaks as soon as 
possible after detection.
    (iv) The owner or operator shall monitor the difficult-to-monitor 
valve in accordance with the written plan, and
    (v) The owner or operator shall repair leaks in accordance with the 
written plan.
    (c) Connectors. Each connector in HAP ABA service shall be 
monitored for leaks in accordance with paragraph (c)(1) of this 
section, except as provided in paragraph (c)(3) of this section. Leaks 
shall be repaired in accordance with (c)(2) of this section, except as 
provided in paragraph (c)(4) of this section.
    (1) Connectors shall be monitored at the times specified in 
paragraphs (c)(1)(i) through (iii) of this section to detect leaks by 
the method specified in Sec. 63.1304(a). If an instrument reading of 
10,000 ppm or greater is measured, a leak is detected.
    (i) Each connector shall be monitored annually, and
    (ii) Each connector that has been opened or has otherwise had the 
seal broken shall be monitored for leaks within the first 3 months 
after being returned to HAP ABA service.
    (iii) If a leak is detected, the connector shall be monitored for 
leaks in accordance with paragraph (c)(1) of this section within the 
first 3 months after its repair.
    (2) When a leak is detected, it shall be repaired in accordance 
with the procedures in paragraphs (c)(2)(i) and (ii) of this section, 
except as provided in paragraph (c)(4) and paragraph (f) of this 
section.
    (i) The leak shall be repaired as soon as practicable, but no later 
than 15 calendar days after the leak is detected.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (3) Any connector that is designated as an unsafe-to-monitor 
connector is exempt from the requirements of paragraph (c)(1) of this 
section if:
    (i) The owner or operator determines that the connector is unsafe 
to monitor because personnel would be exposed to an immediate danger as 
a result of complying with paragraph (c)(1) of this section; and
    (ii) The owner or operator has a written plan that requires 
monitoring of the connector as frequently as practicable during safe-
to-monitor periods.

[[Page 54000]]

    (4) Any connector that is designated as an unsafe-to-repair 
connector is exempt from the requirements of paragraph (c)(2) of this 
section if:
    (i) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraph (c)(2) of this section; and
    (ii) The connector will be repaired as soon as practicable, but not 
later than 6 months after the leak was detected.
    (d) Pressure-relief devices. Each pressure-relief device in HAP ABA 
service shall be monitored for leaks in accordance with paragraph 
(d)(1) of this section. Leaks shall be repaired in accordance with 
paragraph (d)(2) of this section.
    (1) Each pressure-relief device in HAP ABA service shall be 
monitored within 5 calendar days by the method specified in 
Sec. 63.1304(a) if evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method. If an instrument 
reading of 10,000 ppm or greater is measured, a leak is detected.
    (2) When a leak is detected, the leak shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in paragraph (f) of this section.
    The owner or operator shall make a first attempt at repair no later 
than 5 calendar days after the leak is detected.
    (e) Open-ended valves or lines. (1)(i) Each open-ended valve or 
line in HAP ABA service shall be equipped with a cap, blind flange, 
plug, or a second valve, except as provided in paragraph (e)(4) of this 
section.
    (ii) The cap, blind flange, plug, or second valve shall seal the 
open end at all times except during operations requiring process fluid 
flow through the open-ended valve or line, or during maintenance or 
repair.
    (2) Each open-ended valve or line equipped with a second valve 
shall be operated in a manner such that the valve on the process fluid 
end is closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting 
the line between the block valves but shall comply with paragraph 
(e)(1) of this section at all other times.
    (4) Open-ended valves or lines in an emergency shutdown system 
which are designed to open automatically in the event of a process 
upset are exempt from the requirements of paragraphs (e)(1), (2), and 
(3) of this section.
    (f) Delay of repair. (1) Delay of repair of equipment for which 
leaks have been detected is allowed for equipment that is isolated from 
the process and that does not remain in HAP ABA service.
    (2) Delay of repair for valves and connectors is also allowed if:
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair are greater than the fugitive 
emissions likely to result from delay of repair, and
    (ii) The purged material is collected and destroyed or recovered in 
a control device when repair procedures are effected.
    (3) Delay of repair for pumps is also allowed if repair requires 
replacing the existing seal design with a sealless pump, and repair is 
completed as soon as practicable, but not later than 6 months after the 
leak was detected.


Sec. 63.1297  Standards for slabstock flexible polyurethane foam 
production--HAP ABA emissions from the production line.

    (a) Each owner or operator of a new or existing slabstock affected 
source complying with the emission point specific limitation option 
provided in Sec. 63.1293(a)(1) shall control HAP ABA emissions from the 
slabstock polyurethane foam production line in accordance with the 
provisions in this section. Compliance shall be determined on a rolling 
annual basis as described in paragraph (a)(1) of this section. As an 
alternative, the owner or operator can determine compliance on a 
monthly basis, as described in paragraph (a)(2) of this section.
    (1) Rolling annual compliance. In determining compliance on a 
rolling annual basis, actual HAP ABA emissions shall be compared to 
allowable HAP ABA emissions for each consecutive 12-month period. The 
allowable HAP ABA emission level shall be calculated based on the 
production for the 12-month period, resulting in a potentially 
different allowable level for each 12-month period. Compliance shall be 
determined each month for the previous 12-month period. The compliance 
requirements are provided in paragraph (b) of this section.
    (2) Monthly compliance alternative. As an alternative to 
determining compliance on a rolling annual basis, an owner or operator 
can determine compliance by comparing actual HAP ABA emissions to 
allowable HAP ABA emissions for each month. The allowable HAP ABA 
emission level shall be calculated based on the production for the 
month, resulting in a potentially different allowable level each month. 
The requirements for this monthly compliance alternative are provided 
in paragraph (c) of this section.
    (3) Each owner or operator electing to change between the 
compliance methods described under paragraphs (a)(1) and (a)(2) of this 
section shall notify the Administrator no later than 180 calendar days 
prior to the change.
    (b) Rolling annual compliance. At each slabstock foam production 
source complying with the rolling annual compliance provisions 
described in paragraph (a)(1) of this section, actual HAP ABA emissions 
shall not exceed the allowable HAP ABA emission level for a consecutive 
12-month period. The actual HAP ABA emission level for a consecutive 
12-month period shall be determined using the procedures in paragraph 
(b)(1) of this section, and the allowable HAP ABA emission level for 
the corresponding 12-month period shall be calculated in accordance 
with paragraph (b)(2) of this section.
    (1) The actual HAP ABA emissions for a 12-month period shall be 
calculated as the sum of actual monthly HAP ABA emissions for each of 
the individual 12 months in the period. Actual monthly HAP ABA 
emissions shall be equal to the amount of HAP ABA added to the 
slabstock foam production line at the mixhead, determined in accordance 
with Sec. 63.1303(b), unless a recovery device is used. Slabstock foam 
production sources using recovery devices to reduce HAP ABA emissions 
shall determine actual monthly HAP ABA emissions using the procedures 
in paragraph (e) of this section.
    (2) The allowable HAP ABA emissions for a consecutive 12-month 
period shall be calculated as the sum of allowable monthly HAP ABA 
emissions for each of the individual 12 months in the period. Allowable 
HAP ABA emissions for each individual month shall be calculated using 
Equation 2.
[GRAPHIC] [TIFF OMITTED] TR07OC98.004


[[Page 54001]]


Where:

emissallow,month = Allowable HAP ABA emissions from the 
slabstock foam production source for the month, pounds.
m = Number of slabstock foam production lines.
polyoli = Amount of polyol used in the month in the 
production of foam grade i on foam production line j, determined in 
accordance with paragraph (b)(3) of this section, pounds.
n = Number of foam grades produced in the month on foam production line 
j.
limiti = HAP ABA formulation limit for foam grade i, parts 
HAP ABA per 100 parts polyol. The HAP ABA formulation limits are 
determined in accordance with paragraph (d) of this section.
    (3) The amount of polyol used for specific foam grades shall be 
based on the amount of polyol added to the slabstock foam production 
line at the mixhead, determined in accordance with the provisions of 
Sec. 63.1303(b).
    (c) Monthly compliance alternative. At each slabstock foam 
production source complying with the monthly compliance alternative 
described in paragraph (a)(2) of this section, actual HAP ABA emissions 
shall not exceed the corresponding allowable HAP ABA emission level for 
the same month. The actual monthly HAP ABA emission level shall be 
determined using the procedures in paragraph (c)(1) of this section, 
and the allowable monthly HAP ABA emission level shall be calculated in 
accordance with paragraph (c)(2) of this section.
    (1) The actual monthly HAP ABA emissions shall be equal to the 
amount of HAP ABA added to the slabstock foam production line at the 
mixhead, determined in accordance with Sec. 63.1303(b), unless a 
recovery device is used. Slabstock foam production sources using 
recovery devices to reduce HAP ABA emissions shall determine actual 
monthly HAP ABA emissions using the procedures in paragraph (e) of this 
section.
    (2) The allowable HAP ABA emissions for the month shall be 
determined in accordance with Equation 2 of this section.
    (d) HAP ABA formulation limitations. For each grade, the HAP ABA 
formulation limitation shall be determined in accordance with 
paragraphs (d)(1) through (d)(3) of this section. For any grade, the 
owner or operator may designate zero as the HAP ABA formulation 
limitation and not determine the HAP ABA formulation limitation in 
accordance with paragraphs (d)(1) through (d)(3) of this section.
    (1) For existing sources, the HAP ABA formulation limitation for 
each grade of slabstock foam produced shall be determined using 
Equation 3 of this section. Zero shall be the formulation limitation 
for any grade of foam where the result of the formulation limitation 
equation (Equation 3) is negative (i.e., less than zero).
[GRAPHIC] [TIFF OMITTED] TR07OC98.005

Where:

ABAlimit= HAP ABA formulation limitation, parts HAP ABA 
allowed per hundred parts polyol (pph).
IFD = Indentation force deflection, pounds.
DEN = Density, pounds per cubic foot.

    (2) For new sources, the HAP ABA formulation limitation for each 
grade of slabstock foam produced shall be determined as described in 
paragraphs (d)(2)(i) through (d)(2)(iv) of this section and in Table 1 
of this subpart.
    (i) For each foam grade with a density of 0.95 pounds per cubic 
foot or less, the HAP ABA formulation limitation shall be determined 
using Equation 3. Zero shall be the formulation limitation for any 
grade of foam where the result of the formulation limitation equation 
(Equation 3 of this section) is negative (i.e., less than zero).
    (ii) For each foam grade with a density of 1.4 pounds per cubic 
foot or less, and an IFD of 15 pounds or less, the HAP ABA formulation 
limitation shall be determined using Equation 3.
    (iii) For each foam grade with a density greater than 0.95 pounds 
per cubic foot and an IFD greater than 15 pounds, the HAP ABA 
formulation limitation shall be zero.
    (iv) For each foam grade with a density greater than 1.40 pounds 
per cubic foot, the HAP ABA formulation limitation shall be zero.
    (3) With the exception of those grades for which the owner or 
operator has designated zero as the HAP ABA formulation limitation, the 
IFD and density for each foam grade shall be determined in accordance 
with Sec. 63.1304(b) and recorded in accordance with 
Sec. 63.1307(c)(1)(i)(B) or Sec. 63.1307(c)(2)(i)(B) within 10 working 
days of the production of the foam.
    (e) Compliance using recovery devices. If a recovery device is used 
to comply with paragraphs (b) or (c) of this section, the owner or 
operator shall determine the allowable HAP ABA emissions for each month 
using Equation 2 in paragraph (b)(2) of this section, and the actual 
monthly HAP ABA emissions in accordance with paragraph (e)(1) of this 
section. The owner or operator shall also comply with the provisions of 
paragraph (e)(2) of this section.
    (1) The actual monthly HAP ABA emissions shall be determined using 
Equation 4:
[GRAPHIC] [TIFF OMITTED] TR07OC98.006

Where:

Eactual = Actual HAP ABA emissions after control, pounds/
month.
Eunc = Uncontrolled HAP ABA emissions, pounds/month, 
determined in accordance with paragraph (b)(1) of this section.
HAPABArecovered = HAP ABA recovered, pounds/month, 
determined in accordance with paragraph (e)(2) of this section.

    (2) The amount of HAP ABA recovered shall be determined in 
accordance with Sec. 63.1303(c).


Sec. 63.1298  Standards for slabstock flexible polyurethane foam 
production--HAP emissions from equipment cleaning.

    Each owner or operator of a new or existing slabstock affected 
source complying with the emission point specific limitation option 
provided in Sec. 63.1293(a)(1) shall not use a HAP or a

[[Page 54002]]

HAP-based material as an equipment cleaner.


Sec. 63.1299  Standards for slabstock flexible polyurethane foam 
production--source-wide emission limitation.

    Each owner or operator of a new or existing slabstock affected 
source complying with the source-wide emission limitation option 
provided in Sec. 63.1293(b) shall control HAP ABA storage and equipment 
leak emissions, HAP ABA emissions from the production line, and 
equipment cleaning HAP emissions in accordance with the provisions in 
this section. Compliance shall be determined on a rolling annual basis 
in accordance with paragraph (a) of this section. As an alternative, 
the owner or operator can determine compliance monthly, as described in 
paragraph (b) of this section.
    (a) Rolling annual compliance. Under the rolling annual compliance 
provisions, actual source-wide HAP ABA storage and equipment leak 
emissions, HAP ABA emissions from the production line, and equipment 
cleaning HAP emissions are compared to allowable source-wide emissions 
for each consecutive 12-month period. The allowable source-wide HAP 
emission level is calculated based on the production for the 12-month 
period, resulting in a potentially different allowable level for each 
12-month period. While compliance is on an annual basis, compliance 
shall be determined monthly for the preceding 12-month period. The 
actual source-wide HAP emission level for a consecutive 12-month period 
shall be determined using the procedures in paragraphs (c)(1) through 
(4) of this section, unless a recovery device is used. Slabstock foam 
production sources using recovery devices shall determine actual 
source-wide HAP emissions in accordance with paragraph (e) of this 
section. The allowable HAP emission level for a consecutive 12-month 
period shall be determined using the procedures in paragraph (d) of 
this section.
    (b) Monthly compliance alternative. As an alternative to 
determining compliance on a rolling annual basis, an owner or operator 
can determine compliance by comparing actual HAP emissions to allowable 
HAP emissions for each month. The allowable source-wide emission level 
is calculated based on the production for the month, resulting in a 
potentially different allowable level each month. The actual monthly 
emission level shall be determined using the procedures in paragraphs 
(c)(1) through (3) of this section, unless a recovery device is used. 
Slabstock foam production sources using recovery devices shall 
determine actual source-wide HAP emissions in accordance with paragraph 
(e) of this section. The allowable monthly HAP ABA emission level shall 
be determined in accordance with Equation 6.
    (c) Procedures for determining actual source-wide HAP emissions. 
The actual source-wide HAP ABA storage and equipment leak emissions, 
HAP ABA emissions from the production line, and equipment cleaning HAP 
emissions shall be determined using the procedures in this section. 
Actual source-wide HAP emissions for each individual month shall be 
determined using the procedures specified in paragraphs (c)(1) through 
(3) of this section.
    (1) Actual source-wide HAP emissions for a month shall be 
determined using Equation 5 and the information determined in 
accordance with paragraphs (c)(2) and (3) of this section.
[GRAPHIC] [TIFF OMITTED] TR07OC98.007

Where:

PWEactual = Actual source-wide HAP ABA and equipment 
cleaning HAP emissions for a month, pounds/month.
n = Number of HAP ABA storage vessels.
STi, begin = Amount of HAP ABA in storage vessel i at the 
beginning of the month, pounds, determined in accordance with the 
procedures listed in paragraph (c)(2) of this section.
STi, end = Amount of HAP ABA in storage vessel i at the end 
of the month, pounds, determined in accordance with the procedures 
listed in paragraph (c)(2) of this section.
ADDi = Amount of HAP ABA added to storage vessel i during 
the month, pounds, determined in accordance with the procedures listed 
in paragraph (c)(3) of this section.

    (2) The amount of HAP ABA in a storage vessel shall be determined 
by monitoring the HAP ABA level in the storage vessel in accordance 
with Sec. 63.1303(d).
    (3) The amount of HAP ABA added to a storage vessel for a given 
month shall be the sum of the amounts of all individual HAP ABA 
deliveries that occur during the month. The amount of each individual 
HAP ABA delivery shall be determined in accordance with 
Sec. 63.1303(e).
    (4) Actual source-wide HAP emissions for each consecutive 12-month 
period shall be calculated as the sum of actual monthly source-wide HAP 
emissions for each of the individual 12 months in the period, 
calculated in accordance with paragraphs (c) (1) through (3) of this 
section.
    (d) Allowable source-wide HAP emissions for a consecutive 12-month 
period shall be calculated as the sum of allowable monthly source-wide 
HAP emissions for each of the individual 12 months in the period. 
Allowable source-wide HAP emissions for each individual month shall be 
calculated using Equation 6.
[GRAPHIC] [TIFF OMITTED] TR07OC98.008

Where:

emissallow, month = Allowable HAP ABA storage and equipment 
leak emissions, HAP ABA emissions from the production line, and 
equipment cleaning HAP emissions from the slabstock foam production 
source for the month, pounds.

[[Page 54003]]

m = Number of slabstock foam production lines.
polyoli = Amount of polyol used in the month in the 
production of foam grade i on foam production line j, determined in 
accordance with Sec. 63.1303(b), pounds.
n = Number of foam grades produced in the month on foam production line 
j.
limiti = HAP ABA formulation limit for foam grade i, parts 
HAP ABA per 100 parts polyol. The HAP ABA formulation limits are 
determined in accordance with Sec. 63.1297(d).
    (e) Compliance using recovery devices. If a recovery device is used 
to comply with paragraphs (a) or (b) of this section, the owner or 
operator shall determine the allowable source-wide HAP emissions for 
each month using Equation 6 in paragraph (d) of this section, and the 
actual monthly source-wide HAP emissions in accordance with paragraph 
(e)(1) of this section. The owner or operator shall also comply with 
the provisions of paragraph (e)(2) of this section.
    (1) Actual monthly source-wide HAP emissions shall be determined 
using Equation 7.
[GRAPHIC] [TIFF OMITTED] TR07OC98.009

Where:

Eactual = Actual source-wide HAP emissions after control, 
pounds/month.
Eunc = Uncontrolled source-wide HAP emissions, pounds/month, 
determined in accordance with paragraph (c) (1) through (3) of this 
section.
HAPABArecovered = HAP ABA recovered, pounds/month, 
determined in accordance with paragraph (e)(2) of this section.

    (2) The amount of HAP ABA recovered shall be determined in 
accordance with Sec. 63.1303(c).


Sec. 63.1300  Standards for molded flexible polyurethane foam 
production.

    Each owner or operator of a new or existing molded affected source 
shall comply with the provisions in paragraphs (a) and (b) of this 
section.
    (a) A HAP or HAP-based material shall not be used as an equipment 
cleaner to flush the mixhead, nor shall it be used elsewhere as an 
equipment cleaner in a molded flexible polyurethane foam process, with 
the following exception. Diisocyanates may be used to flush the mixhead 
and associated piping during periods of startup or maintenance, 
provided that the diisocyanate compounds are contained in a closed-loop 
system and are re-used in production.
    (b) A HAP-based mold release agent shall not be used in a molded 
flexible polyurethane foam source process.


Sec. 63.1301  Standards for rebond foam production.

    Each owner or operator of a new or existing rebond foam affected 
source shall comply with the provisions in paragraphs (a) and (b) of 
this section.
    (a) A HAP or HAP-based material shall not be used as an equipment 
cleaner at a rebond foam source.
    (b) A HAP-based mold release agent shall not be used in a rebond 
foam source.


Sec. 63.1302  Applicability of subpart A requirements.

    The owner or operator of an affected source shall comply with the 
applicable requirements of subpart A of this part, as specified in 
Table 2 of this subpart.


Sec. 63.1303  Monitoring requirements.

    Owners and operators of affected sources shall comply with each 
applicable monitoring provision in this section.
    (a) Monitoring requirements for storage vessel carbon adsorption 
systems. Each owner or operator using a carbon adsorption system to 
meet the requirements of Sec. 63.1294(a) or Sec. 63.1295 shall monitor 
the concentration level of the HAP or the organic compounds in the 
exhaust vent stream (or outlet stream exhaust) from the carbon 
adsorption system at the frequency specified in (a)(1) or (2) of this 
section in accordance with either (a)(3) or (4) of this section.
    (1) The concentration level of HAP or organic compounds shall be 
monitored during each unloading event, or once per month during an 
unloading event if multiple unloading events occur in a month.
    (2) As an alternative to monthly monitoring, the owner or operator 
can set the monitoring frequency at an interval no greater than 20 
percent of the carbon replacement interval, which is established using 
a design analysis described below in paragraphs (a)(1)(i) through (iii) 
of this section.
    (i) The design analysis shall consider the vent stream composition, 
constituent concentration, flow rate, relative humidity, and 
temperature.
    (ii) The design analysis shall establish the outlet organic 
concentration level, the capacity of the carbon bed, and the working 
capacity of activated carbon used for the carbon bed, and
    (iii) The design analysis shall establish the carbon replacement 
interval based on the total carbon working capacity of the carbon 
adsorption system and the schedule for filling the storage vessel.
    (3) Measurements of HAP concentration shall be made using 40 CFR 
part 60, appendix A, Method 18. The measurement shall be conducted over 
at least one 5-minute interval during which the storage vessel is being 
filled.
    (4) Measurements of organic compounds shall be made using 40 CFR 
part 60, Appendix A, Method 25A. The measurement shall be conducted 
over at least one 5-minute interval during which the storage vessel is 
being filled.
    (b) Monitoring for HAP ABA and polyol added to the foam production 
line at the mixhead. (1) The owner or operator of each slabstock 
affected source shall comply with the provisions in paragraph (b)(1)(i) 
of this section, and, if applicable, the provisions of paragraph 
(b)(1)(ii) of this section. Alternatively, the owner or operator may 
comply with paragraph (b)(5) of this section.
    (i) Owners or operators of all slabstock affected sources shall 
continuously monitor the amount of polyol added at the mixhead when 
foam is being poured, in accordance with paragraphs (b)(2) through (4) 
of this section.
    (ii) Owners or operators of slabstock foam affected sources using 
the emission point specific limitation option provided in 
Sec. 63.1293(a)(1) shall continuously monitor the amount of HAP ABA 
added at the mixhead when foam is being poured, in accordance with 
paragraphs (b)(2)(ii), (b)(3), and (b)(4) of this section.
    (2) The owner or operator shall monitor either:
    (i) Pump revolutions; or
    (ii) Flow rate.
    (3) The device used to monitor the parameter from paragraph (b)(2) 
shall have an accuracy to within +/-2.0 percent of the HAP ABA being 
measured, and shall be calibrated initially, and periodically, in

[[Page 54004]]

accordance with paragraph (b)(3)(i) or (ii) of this section.
    (i) For polyol pumps, the device shall be calibrated at least once 
each 6 months.
    (ii) For HAP ABA pumps, the device shall be calibrated at least 
once each month.
    (4) Measurements must be recorded at the beginning and end of the 
production of each grade of foam within a run of foam.
    (5) As an alternative to the monitoring described in paragraphs 
(b)(2) through (4) of this section, the owner or operator may develop 
an alternative monitoring program. Alternative monitoring programs must 
be submitted to the Administrator for approval in the Precompliance 
Report as specified in Sec. 63.1306(c)(4) for existing sources or in 
the Application for approval of construction or reconstruction for new 
sources. If an owner or operator wishes to develop an alternative 
monitoring program after the compliance date, the program shall be 
submitted to the Administrator for approval before the owner or 
operator wishes to begin using the alternative program. If the 
Administrator does not notify the owner or operator of objections to 
the program, or any part of the program, within 45 days after its 
receipt, the program shall be deemed approved. Until the program is 
approved, the owner or operator of an affected source remains subject 
to the requirements of this subpart. The components of an alternative 
monitoring program shall include, at a minimum, the items listed in 
paragraphs (b)(5)(i) through (iv) of this section.
    (i) A description of the parameter to be continuously monitored 
when foam is being poured to measure the amount of HAP ABA or polyol 
added at the mixhead.
    (ii) A description of how the monitoring results will be recorded, 
and how the results will be converted into amount of HAP ABA or polyol 
delivered to the mixhead.
    (iii) Data demonstrating that the monitoring device is accurate to 
within +/-2.0 percent.
    (iv) Procedures to ensure that the accuracy of the parameter 
monitoring results is maintained. These procedures shall, at a minimum, 
consist of periodic calibration of all monitoring devices.
    (c) Recovered HAP ABA monitoring. The owner or operator of each 
slabstock affected source using a recovery device to reduce HAP ABA 
emissions shall develop and comply with a recovered HAP ABA monitoring 
and recordkeeping program. The components of these plans shall include, 
at a minimum, the items listed in paragraphs (c)(1) through (5) of this 
section. These plans must be submitted for approval in accordance with 
paragraph (c)(6) of this section.
    (1) A device, installed, calibrated, maintained, and operated 
according to the manufacturer's specifications, that indicates the 
cumulative amount of HAP ABA recovered by the solvent recovery device 
over each 1-month period. The device shall be certified by the 
manufacturer to be accurate to within +/-2.0 percent.
    (2) The location where the monitoring will occur shall ensure that 
the measurements are taken after HAP ABA has been fully recovered 
(i.e., after separation from water introduced into the HAP ABA during 
regeneration).
    (3) A description of the parameter to be monitored, and the times 
the parameter will be monitored.
    (4) Data demonstrating that the monitoring device is accurate to 
within +/-2.0 percent.
    (5) Procedures to ensure that the accuracy of the parameter 
monitoring results is maintained. These procedures shall, at a minimum, 
consist of periodic calibration of all monitoring devices.
    (6) Recovered HAP ABA monitoring and recordkeeping programs must be 
submitted to the Administrator for approval in the Precompliance Report 
as specified in Sec. 63.1306(c)(6) for existing sources or in the 
Application for approval of construction or reconstruction for new 
sources. If an owner or operator wishes to develop a recovered HAP ABA 
monitoring program after the compliance date, the program shall be 
submitted to the Administrator for approval before the owner or 
operator wishes to begin using the program. If the Administrator does 
not notify the owner or operator of objections to the program within 45 
days after its receipt, the program shall be deemed approved. Until the 
program is approved, the owner or operator of an affected source 
remains subject to the requirements of this subpart.
    (d) Monitoring of HAP ABA in a storage vessel. The amount of HAP 
ABA in a storage vessel shall be determined weekly by monitoring the 
HAP ABA level in the storage vessel using a level measurement device 
that meets the criteria described in paragraphs (d)(1) and either 
(d)(2) or (d)(3) of this section.
    (1) The level measurement device must be calibrated initially and 
at least once per year thereafter.
    (2) With the exception of visually-read level measurement devices 
(i.e., gauge glass), the device must have either a digital or printed 
output.
    (3) If the level measurement device is a visually-read device, the 
device must be equipped with permanent graduated markings to indicate 
HAP ABA level in the storage tank.
    (e) Monitoring of HAP ABA added to a storage vessel. The amount of 
HAP ABA added to a storage vessel during a delivery shall be determined 
in accordance with either paragraphs (e)(1), (2), (3), or (4) of this 
section.
    (1) The volume of HAP ABA added to the storage vessel shall be 
determined by recording the volume in the storage vessel prior to the 
delivery and the volume after the delivery, provided that the storage 
tank level measurement device used to determine the levels meets the 
criteria in (d) of this section.
    (2) The volume of HAP ABA added to the storage vessel shall be 
determined by monitoring the flow rate using a device with an accuracy 
of  2.0 percent, and calibrated initially and at least once 
each six months thereafter.
    (3) The weight of HAP ABA added to the storage vessel shall be 
calculated as the difference of the full weight of the transfer vehicle 
prior to unloading into the storage vessel and the empty weight of the 
transfer vehicle after unloading into the storage vessel. The weight 
shall be determined using a scale meeting the requirements of either 
paragraph (e)(2)(i) or (ii) of this section.
    (i) A scale approved by the State or local agencies using the 
procedures contained in Handbook 44, Specifications, Tolerances, and 
Other Technical Requirements for Weighing and Measuring Devices 1998 
(incorporation by reference--see Sec. 63.14).
    (ii) A scale determined to be in compliance with the requirements 
of the National Institute of Standards and Technology Handbook 44 at 
least once per year by a registered scale technician.
    (4) As an alternative to the monitoring options described in 
paragraphs (e)(1) through (e)(3) of this section, the owner or operator 
may develop an alternative monitoring program. Alternative monitoring 
programs must be submitted to the Administrator for approval in the 
Precompliance Report as specified in Sec. 63.1306(c)(4) for existing 
sources or in the Application for approval of construction or 
reconstruction for new sources. If an owner or operator wishes to 
develop an alternative monitoring program after the compliance date, 
the program shall be submitted to the Administrator for approval before 
the owner or operator wishes to begin using the alternative program. If 
the Administrator does not notify the owner or operator of objections 
to the program within 45 days after its receipt, the

[[Page 54005]]

program shall be deemed approved. Until the program is approved, the 
owner or operator of an affected source remains subject to the 
requirements of this subpart. The components of an alternative 
monitoring program shall include, at a minimum, the items listed in 
paragraphs (e)(3)(i) through (iv) of this section.
    (i) A description of the parameter to be monitored to determine the 
amount of HAP ABA added to the storage vessel during a delivery,
    (ii) A description of how the results will be recorded, and how the 
results will be converted into the amount of HAP ABA added to the 
storage vessel during a delivery,
    (iii) Data demonstrating that the monitoring device is accurate to 
within  2.0 percent, and
    (iv) Procedures to ensure that the accuracy of the monitoring 
measurements is maintained. These procedures shall, at a minimum, 
consist of periodic calibration of all monitoring devices.


Sec. 63.1304  Testing requirements.

    Owners and operators of affected sources shall use the test methods 
listed in this section, as applicable, to demonstrate compliance with 
this subpart.
    (a) Test method and procedures to determine equipment leaks. 
Monitoring, as required under Sec. 63.1296, shall comply with the 
following requirements:
    (1) Monitoring shall comply with Method 21 of 40 CFR part 60, 
appendix A.
    (2) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except that the instrument 
response factor criteria in section 3.1.2(a) of Method 21 shall be for 
the average composition of the source fluid, rather than for each 
individual VOC in the stream. For source streams that contain nitrogen, 
air, or other inerts which are not HAP or VOC, the average stream 
response factor shall be calculated on an inert-free basis. The 
response factor may be determined at any concentration for which 
monitoring for leaks will be conducted.
    (3) The instrument shall be calibrated before use on each day of 
its use by the procedures specified in Method 21 of 40 CFR part 60, 
appendix A.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane and air at a concentration of 
approximately, 1,000 ppm for all transfer pumps; and 500 ppm for all 
other equipment, except as provided in paragraph (a)(4)(iii) of this 
section.
    (iii) The instrument may be calibrated at a higher methane 
concentration (up to 2,000 ppm) than the leak definition concentration 
for a specific piece of equipment for monitoring that piece of 
equipment. If the monitoring instrument's design allows for multiple 
calibration gas concentrations, then the lower concentration 
calibration gas shall be no higher than 2,000 ppm methane and the 
higher concentration calibration gas shall be no higher than 10,000 ppm 
methane.
    (5) Monitoring shall be performed when the equipment is in HAP ABA 
service, in use with an acceptable surrogate volatile organic compound 
which is not a HAP ABA, or is in use with any other detectable gas or 
vapor.
    (6) If no instrument is available onsite that will meet the 
performance criteria specified in section 3.1.2(a) of Method 21 of 40 
CFR Part 60, appendix A, the readings from an available instrument may 
be adjusted by multiplying by the average response factor for the 
stream.
    (b) Test method to determine foam properties. The IFD and density 
of each grade of foam produced during each run of foam shall be 
determined using ASTM D3574-91, Standard Test Methods for Flexible 
Cellular Materials--Slab, Bonded, and Molded (incorporation by 
reference--see Sec. 63.14), using a sample of foam cut from the center 
of the foam bun. The maximum sample size for which the IFD and density 
is determined shall not be larger than 24 inches by 24 inches by 4 
inches. For grades of foam where the owner or operator has designated 
the HAP ABA formulation limitation as zero, the owner or operator is 
not required to determine the IFD and density in accordance with this 
paragraph.


Sec. 63.1305  Alternative means of emission limitation.

    An owner or operator of an affected source may request approval to 
use an alternative means of emission limitation, following the 
procedures in this section.
    (a) The owner or operator can request approval to use an 
alternative means of emission limitation in the precompliance report 
for existing sources, the application for construction or 
reconstruction for new sources, or at any time.
    (b) This request shall include a complete description of the 
alternative means of emission limitation.
    (c) Each owner or operator applying for permission to use an 
alternative means of emission limitation under Sec. 63.6(g) shall be 
responsible for collecting and verifying data to demonstrate the 
emission reduction achieved by the alternative means of emission 
limitation.
    (d) Use of the alternative means of emission limitation shall not 
begin until approval is granted by the Administrator in accordance with 
Sec. 63.6(g).


Sec. 63.1306  Reporting requirements.

    Owners and operators of affected sources shall comply with each 
applicable reporting provision in this section.
    (a) Initial notification. Each affected source shall submit an 
initial notification in accordance with Sec. 63.9(b).
    (b) Application for approval of construction or reconstruction. 
Each owner or operator shall submit an application for approval of 
construction or reconstruction in accordance with the provisions of 
Sec. 63.5(d).
    (c) Precompliance report. Each slabstock affected source shall 
submit a precompliance report no later than 12 months before the 
compliance date. This report shall contain the information listed in 
paragraphs (c)(1) through (c)(8) of this section, as applicable.
    (1) Whether the source will comply with the emission point specific 
limitations described in Sec. 63.1293(a), or with the source-wide 
emission limitation described in Sec. 63.1293(b).
    (2) For a source complying with the emission point specific 
limitations, whether the source will comply on a rolling annual basis 
in accordance with Sec. 63.1297(b), or will comply with the monthly 
alternative for compliance contained in Sec. 63.1297(c).
    (3) For a source complying with the source-wide emission 
limitation, whether the source will comply on a rolling annual basis in 
accordance with Sec. 63.1299(a), or will comply with the monthly 
alternative for compliance contained in Sec. 63.1299(b).
    (4) A description of how HAP ABA and/or polyol added at the mixhead 
will be monitored. If the owner or operator is developing an 
alternative monitoring program, the alternative monitoring program 
containing the information in Sec. 63.1303(b)(5)(i) through (iv) shall 
be submitted.
    (5) Notification of the intent to use a recovery device to comply 
with the provisions of Sec. 63.1297 or Sec. 63.1299.
    (6) For slabstock affected sources complying with Sec. 63.1297 or 
Sec. 63.1299 using a recovery device, the continuous recovered HAP ABA 
monitoring and

[[Page 54006]]

recordkeeping program, developed in accordance with Sec. 63.1303(c).
    (7) For sources complying with the source-wide emission limitation, 
a description of how the amount of HAP ABA in a storage vessel shall be 
determined.
    (8) For sources complying with the source-wide emission limitation, 
a description of how the amount of HAP ABA added to a storage vessel 
during a delivery will be monitored. If the owner or operator is 
developing an alternative monitoring program, the alternative 
monitoring program containing the information in Sec. 63.1303(e)(4)(i) 
through (iv) shall be submitted.
    (9) If the Administrator does not notify the owner or operator of 
objections to an alternative monitoring program submitted in accordance 
with (c)(4) or (c)(6) of this section, or a recovered HAP ABA 
monitoring and recordkeeping program submitted in accordance with 
(c)(7) of this section, the program shall be deemed approved 45 days 
after its receipt by the Administrator.
    (d) Notification of compliance status. Each affected source shall 
submit a notification of compliance status report no later than 180 
days after the compliance date. For slabstock affected sources, this 
report shall contain the information listed in paragraphs (d)(1) 
through (3) of this section, as applicable. This report shall contain 
the information listed in paragraph (d)(4) of this section for molded 
foam processes and in paragraph (d)(5) for rebond foam processes.
    (1) A list of diisocyanate storage vessels, along with a record of 
the type of control utilized for each storage vessel.
    (2) For transfer pumps in diisocyanate service, a record of the 
type of control utilized for each transfer pump.
    (3) If the source is complying with the emission point specific 
limitations of Secs. 63.1294 through 63.1298, the information listed in 
paragraphs (b)(3)(i) through (iii) of this section.
    (i) A list of HAP ABA storage vessels, along with a record of the 
type of control utilized for each storage vessel.
    (ii) A list of pumps, valves, connectors, pressure-relief devices, 
and open-ended valves or lines in HAP ABA service.
    (iii) A list of any modifications to equipment in HAP ABA service 
made to comply with the provisions of Sec. 63.1296.
    (4) A statement that the molded foam affected source is in 
compliance with Sec. 63.1300, or a statement that molded foam processes 
at an affected source are in compliance with Sec. 63.1300.
    (5) A statement that the rebond foam affected source is in 
compliance with Sec. 63.1301, or that rebond processes at an affected 
source are in compliance with Sec. 63.1301.
    (e) Semiannual reports. Each slabstock affected source shall submit 
a report containing the information specified in paragraphs (e)(1) 
through (5) of this section semiannually no later than 60 days after 
the end of each 180 day period. The first report shall be submitted no 
later than 240 days after the date that the Notification of Compliance 
Status is due and shall cover the 6-month period beginning on the date 
that the Notification of Compliance Status Report is due.
    (1) For slabstock affected sources complying with the rolling 
annual compliance provisions of either Sec. 63.1297 or Sec. 63.1299, 
the allowable and actual HAP ABA emissions (or allowable and actual 
source-wide HAP emissions) for each of the 12-month periods ending on 
each of the six months in the reporting period. This information is not 
required to be included in the initial semi-annual compliance report.
    (2) For sources complying with the monthly compliance alternative 
of either Sec. 63.1297 or Sec. 63.1299, the allowable and actual HAP 
ABA emissions (or allowable and actual source-wide HAP emissions) for 
each of the six months in the reporting period.
    (3) For sources complying with the storage vessel provisions of 
Sec. 63.1294(a) or Sec. 63.1295 using a carbon adsorption system, 
unloading events that occurred after breakthrough was detected and 
before the carbon was replaced.
    (4) Any equipment leaks that were not repaired in accordance with 
Sec. 63.1294(b)(2)(iii), Sec. 63.1294(c), Sec. 63.1296(a)(2)(iii), 
(b)(2), (b)(3)(iv), (b)(4)(v), (c)(2), (c)(4)(ii), and (d)(2).
    (5) Any leaks in vapor return lines that were not repaired in 
accordance with Sec. 63.1294(a)(1)(ii) or Sec. 63.1295(b)(2).
    (f) Other reports. (1) Change in selected emission limitation. An 
owner or operator electing to change their slabstock flexible 
polyurethane foam emission limitation (from emission point specific 
limitations to a source-wide emission limitation, or vice versa), 
selected in accordance with Sec. 63.1293, shall notify the 
Administrator no later than 180 days prior to the change.
    (2) Change in selected compliance method. An owner or operator 
changing the period of compliance for either Sec. 63.1297 or 
Sec. 63.1299 (between rolling annual and monthly) shall notify the 
Administrator no later than 180 days prior to the change.
    (g) Annual compliance certifications. Each affected source subject 
to the provisions in Secs. 63.1293 through 63.1301 shall submit a 
compliance certification annually.
    (1) The compliance certification shall be based on information 
consistent with that contained in Sec. 63.1308 of this section, as 
applicable.
    (2) A compliance certification required pursuant to a State or 
local operating permit program may be used to satisfy the requirements 
of this section, provided that the compliance certification is based on 
information consistent with that contained in Sec. 63.1308 of this 
section, and provided that the Administrator has approved the State or 
local operating permit program under part 70 of this chapter.
    (3) Each compliance certification submitted pursuant to this 
section shall be signed by a responsible official of the company that 
owns or operates the affected source.


Sec. 63.1307  Recordkeeping requirements.

    The applicable records designated in paragraphs (a) through (c) of 
this section shall be maintained by owners and operators of all 
affected sources.
    (a) Storage vessel records. (1) A list of diisocyanate storage 
vessels, along with a record of the type of control utilized for each 
storage vessel.
    (2) For each slabstock affected source complying with the emission 
point specific limitations of Secs. 63.1294 through 63.1298, a list of 
HAP ABA storage vessels, along with a record of the type of control 
utilized for each storage vessel.
    (3) For storage vessels complying through the use of a carbon 
adsorption system, paragraph (a)(3)(i) or (ii), and paragraph 
(a)(3)(iii) of this section.
    (i) Records of dates and times when the carbon adsorption system is 
monitored for carbon breakthrough and the monitoring device reading, 
when the device is monitored in accordance with Sec. 63.1303(a); or
    (ii) For affected sources monitoring at an interval no greater than 
20 percent of the carbon replacement interval, in accordance with 
Sec. 63.1303(a)(2), the records listed in paragraphs (a)(3)(ii)(A) and 
(B) of this section.
    (A) Records of the design analysis, including all the information 
listed in Sec. 63.1303(a)(2)(i) through (iii), and
    (B) Records of dates and times when the carbon adsorption system is 
monitored for carbon breakthrough and the monitoring device reading.
    (iii) Date when the existing carbon in the carbon adsorption system 
is replaced with fresh carbon.
    (4) For storage vessels complying through the use of a vapor return 
line,

[[Page 54007]]

paragraphs (a)(4)(i) through (iii) of this section.
    (i) Dates and times when each unloading event occurs and each 
inspection of the vapor return line for leaks occurs.
    (ii) Records of dates and times when a leak is detected in the 
vapor return line.
    (iii) Records of dates and times when a leak is repaired.
    (b) Equipment leak records. (1) A list of components as specified 
below in paragraphs (b)(1)(i) and (ii).
    (i) For all affected sources, a list of components in diisocyanate 
service,
    (ii) For affected sources complying with the emission point 
specific limitations of Secs. 63.1294 through 63.1298, a list of 
components in HAP ABA service.
    (2) For transfer pumps in diisocyanate service, a record of the 
type of control utilized for each transfer pump and the date of 
installation.
    (3) When a leak is detected as specified in Sec. 63.1294(b)(2)(ii), 
Sec. 63.1294(c), Sec. 63.1296(a)(2), (b)(1), (c)(1), and (d)(1), the 
requirements listed in paragraphs (b)(3)(i) and (ii) of this section 
apply:
    (i) Leaking equipment shall be identified in accordance with the 
requirements in paragraphs (b)(3)(i)(A) through (C) of this section.
    (A) A readily visible identification, marked with the equipment 
identification number, shall be attached to the leaking equipment.
    (B) The identification on a valve may be removed after it has been 
monitored for 2-successive quarters as specified in Sec. 63.1296(b)(1) 
and no leak has been detected during those 2 quarters.
    (C) The identification on equipment, other than a valve, may be 
removed after it has been repaired.
    (ii) The information in paragraphs (b)(2)(ii)(A) through (H) shall 
be recorded for leaking components.
    (A) The instrument and operator identification numbers and the 
equipment identification number.
    (B) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (C) Repair methods applied in each attempt to repair the leak.
    (D) The words ``above leak definition'' if the maximum instrument 
reading measured by the methods specified in Sec. 63.1304(a) after each 
repair attempt is equal or greater than the leak definitions for the 
specified equipment.
    (E) The words ``repair delayed'' and the reason for the delay if a 
leak is not repaired within 15 calendar days after discovery of the 
leak.
    (F) The expected date of the successful repair of the leak if a 
leak is not repaired within 15 calendar days.
    (G) The date of successful repair of the leak.
    (H) The date the identification is removed.
    (c) HAP ABA records. (1) Emission point specific limitations--
rolling annual compliance and monthly compliance alternative records. 
Each slabstock affected source complying with the emission point 
specific limitations of Secs. 63.1294 through 63.1298, and the rolling 
annual compliance provisions of Sec. 63.1297(a)(1), shall maintain the 
records listed in paragraphs (c)(1)(i), (ii), (iii), and (iv) of this 
section. Each flexible polyurethane foam slabstock source complying 
with the emission point specific limitations of Secs. 63.1294 through 
63.1298, and the monthly compliance alternative of Sec. 63.1297(a)(2), 
shall maintain the records listed in paragraphs (c)(1)(i), (ii), and 
(iv) of this section.
    (i) Daily records of the information listed below in paragraphs 
(c)(1)(i)(A) through (C) of this section.
    (A) A log of foam runs each day. For each run, the log shall 
include a list of the grades produced during the run.
    (B) Results of the density and IFD testing for each grade of foam 
produced during each run of foam, conducted in accordance with the 
procedures in Sec. 63.1304(b). The results of this testing shall be 
recorded within 10 working days of the production of the foam. For 
grades of foam where the owner or operator has designated the HAP ABA 
formulation limitation as zero, the owner or operator is not required 
to keep records of the IFD and density.
    (C) The amount of polyol added to the slabstock foam production 
line at the mixhead for each run of foam, determined in accordance with 
Sec. 63.1303(b).
    (ii) Monthly records of the information listed in paragraphs 
(c)(1)(ii)(A) through (E) of this section.
    (A) A listing of all foam grades produced during the month,
    (B) For each foam grade produced, the HAP ABA formulation 
limitation, calculated in accordance with Sec. 63.1297(d).
    (C) With the exception of those grades for which the owner or 
operator has designated zero as the HAP ABA formulation limitation, the 
total amount of polyol used in the month for each foam grade produced.
    (D) The total allowable HAP ABA emissions for the month, determined 
in accordance with Sec. 63.1297(b)(2).
    (E) The total amount of HAP ABA added to the slabstock foam 
production line at the mixhead during the month, determined in 
accordance with Sec. 63.1303(b).
    (iii) Each source complying with the rolling annual compliance 
provisions of Sec. 63.1297(b) shall maintain the records listed in 
paragraphs (c)(1)(iii)(A) and (B) of this section.
    (A) The sum of the total allowable HAP ABA emissions for the month 
and the previous 11 months.
    (B) The sum of the total actual HAP ABA emissions for the month and 
the previous 11 months.
    (iv) Records of all calibrations for each device used to measure 
polyol and HAP ABA added at the mixhead, conducted in accordance with 
Sec. 63.1303(b)(3).
    (2) Source-wide limitations--rolling annual compliance and monthly 
compliance alternative records. Each slabstock affected source 
complying with the source-wide limitations of Sec. 63.1299, and the 
rolling annual compliance provisions in Sec. 63.1299(a), shall maintain 
the records listed in paragraphs (c)(2)(i) through (c)(2)(vii) of this 
section. Each flexible polyurethane foam slabstock source complying 
with the source-wide limitations of Sec. 63.1299, and the monthly 
compliance alternative of Sec. 63.1299(b), shall maintain the records 
listed in paragraphs (c)(2)(i) through (c)(2)(iii) and paragraphs 
(c)(2)(v) through (c)(2)(vii) of this section.
    (i) Daily records of the information listed in paragraphs 
(c)(2)(i)(A) through (C) of this section.
    (A) A log of foam runs each day. For each run, the log shall 
include a list of the grades produced during the run.
    (B) Results of the density and IFD testing for each grade of foam 
produced during each run of foam, conducted in accordance with the 
procedures in Sec. 63.1304(b). The results of this testing shall be 
recorded within 10 working days of the production of the foam. For 
grades of foam where the the owner or operator has designated the HAP 
ABA formulation limitation as zero, the owner or operator is not 
required to keep records of the IFD and density.
    (C) With the exception of those grades for which the owner or 
operator has designated zero as the HAP ABA formulation limitation, the 
amount of polyol added to the slabstock foam production line at the 
mixhead for each grade produced during each run of foam, determined in 
accordance with Sec. 63.1303(b).
    (ii) For sources complying with the source-wide emission 
limitation, weekly records of the storage tank level,

[[Page 54008]]

determined in accordance with Sec. 63.1303(d).
    (iii) Monthly records of the information listed below in paragraphs 
(c)(2)(iii)(A) through (E) of this section.
    (A) A listing of all foam grades produced during the month,
    (B) For each foam grade produced, the residual HAP formulation 
limitation, calculated in accordance with Sec. 63.1297(d).
    (C) With the exception of those grades for which the owner or 
operator has designated zero as the HAP ABA formulation limitation, the 
total amount of polyol used in the month for each foam grade produced.
    (D) The total allowable HAP ABA and equipment cleaning emissions 
for the month, determined in accordance with Sec. 63.1297(b)(2).
    (E) The total actual source-wide HAP ABA emissions for the month, 
determined in accordance with Sec. 63.1299(c)(1), along with the 
information listed in paragraphs (c)(2)(iii)(E)(1) and (2) of this 
section.
    (1) The amounts of HAP ABA in the storage vessel at the beginning 
and end of the month, determined in accordance with Sec. 63.1299(c)(2); 
and
    (2) The amount of each delivery of HAP ABA to the storage vessel, 
determined in accordance with Sec. 63.1299(c)(3).
    (iv) Each source complying with the rolling annual compliance 
provisions of Sec. 63.1299(a) shall maintain the records listed in 
paragraphs (c)(2)(iv)(A) and (B) of this section.
    (A) The sum of the total allowable HAP ABA and equipment cleaning 
HAP emissions for the month and the previous 11 months.
    (B) The sum of the total actual HAP ABA and equipment cleaning HAP 
emissions for the month and the previous 11 months.
    (v) Records of all calibrations for each device used to measure 
polyol added at the mixhead, conducted in accordance with 
Sec. 63.1303(b)(3).
    (vi) Records of all calibrations for each device used to measure 
the amount of HAP ABA in the storage vessel, conducted in accordance 
with Sec. 63.1303(d)(1).
    (vii) Records to verify that all scales used to measure the amount 
of HAP ABA added to the storage vessel meet the requirements of 
Sec. 63.1303(e)(3). For scales meeting the criteria of 
Sec. 63.1303(e)(3)(i), this documentation shall be in the form of 
written confirmation of the State or local approval. For scales 
complying with Sec. 63.1303(e)(3)(ii), this documentation shall be in 
the form of a report provided by the registered scale technician.
    (d) The owner or operator of each affected source complying with 
Sec. 63.1297 or Sec. 63.1299 through the use of a recovery device shall 
maintain the following records:
    (1) A copy of the recovered HAP ABA monitoring and recordkeeping 
program, developed pursuant to Sec. 63.1303(c);
    (2) Certification of the accuracy of the monitoring device,
    (3) Records of periodic calibration of the monitoring devices,
    (4) Records of parameter monitoring results, and
    (5) The amount of HAP ABA recovered each time it is measured.
    (e) The owner or operator of an affected source subject to 
Sec. 63.1298 of this subpart shall maintain a product data sheet for 
each equipment cleaner used which includes the HAP content, in kg of 
HAP/kg solids (lb HAP/lb solids).
    (f) The owner or operator of an affected source following the 
compliance methods in Sec. 63.1308(b)(1) and (c)(1) shall maintain 
records of each use of a vapor return line during unloading, of any 
leaks detected during unloading, and of repairs of leaks detected 
during unloading.
    (g) The owner or operator of an affected source subject to 
Sec. 63.1300 or Sec. 63.1301 of this subpart shall maintain a product 
data sheet for each compound other than diisocyanates used to flush the 
mixhead and associated piping during periods of startup or maintenance, 
which includes the HAP content, in kg of HAP/kg solids (lb HAP/lb 
solids), of each solvent other than diisocyanates used to flush the 
mixhead and associated piping during periods of startup or maintenance.
    (h) The owner or operator of an affected source subject to 
Sec. 63.1300 or Sec. 63.1301 of this subpart shall maintain a product 
data sheet for each mold release agent used that includes the HAP 
content, in kg of HAP/kg solids (lb HAP/lb solids), of each mold 
release agent.


Sec. 63.1308  Compliance demonstrations.

    (a) For each affected source, compliance with the requirements 
listed in paragraphs (a)(1) through (a)(2) of this section shall mean 
compliance with the requirements contained in Secs. 63.1293 through 
63.1301, absent any credible evidence to the contrary.
    (1) The requirements described in Tables 3, 4, and 5 of this 
subpart; and
    (2) The requirement to submit a compliance certification annually 
as required under Sec. 63.1306(g).
    (b) All slabstock affected sources. For slabstock affected sources, 
failure to meet the requirements contained in Sec. 63.1294 shall be 
considered a violation of this subpart. Violation of each item listed 
in the paragraphs (b)(1) through (b)(6) of this section, as applicable, 
shall be considered a separate violation.
    (1) For each affected source complying with Sec. 63.1294(a) in 
accordance with Sec. 63.1294(a)(1), each unloading event that occurs 
when the diisocyanate storage vessel is not equipped with a vapor 
return line from the storage vessel to the tank truck or rail car, each 
unloading event that occurs when the vapor line is not connected, each 
unloading event that the vapor line is not inspected for leaks as 
described in Sec. 63.1294(a)(1)(i), each unloading event that occurs 
after a leak has been detected and not repaired, and each calendar day 
after a leak is detected, but not repaired as soon as practicable;
    (2) For each affected source complying with Sec. 63.1294(a) in 
accordance with Sec. 63.1294(a)(2), each unloading event that the 
diisocyanate storage vessel is not equipped with a carbon adsorption 
system, each unloading event (or each month if more than one unloading 
event occurs in a month) that the carbon adsorption system is not 
monitored for breakthrough in accordance with Sec. 63.1303(a)(3) or 
(4), and each unloading event that occurs when the carbon is not 
replaced after an indication of breakthrough;
    (3) For each affected source complying with Sec. 63.1294(a) in 
accordance with Sec. 63.1294(a)(2) through the alternative monitoring 
procedures in Sec. 63.1303(a)(2), each unloading event that the 
diisocyanate storage vessel is not equipped with a carbon adsorption 
system, each time that the carbon adsorption system is not monitored 
for breakthrough in accordance with Sec. 63.1303(a)(3) or (4) at the 
interval established in the design analysis, and each unloading event 
that occurs when the carbon is not replaced after an indication of 
breakthrough;
    (4) For each affected source complying with Sec. 63.1294(b) in 
accordance with Sec. 63.1294(b)(1), each calendar day that a transfer 
pump in diisocyanate service is not a sealless pump;
    (5) For each affected source complying with Sec. 63.1294(b) in 
accordance with Sec. 63.1294(b)(2), each calendar day that a transfer 
pump in diisocyanate service is not submerged as described in 
Sec. 63.1294(b)(2)(i), each week that the pump is not visually 
monitored for leaks, each calendar day after 5 calendar days after 
detection of a leak that a first attempt at repair has not been made in 
accordance with

[[Page 54009]]

Sec. 63.1294(b)(2)(iii)(B), and the earlier of each calendar day after 
15 calendar days after detection of a leak that a leak is not repaired, 
or a leak is not repaired as soon as practicable, each subsequent 
calender day (with the exception of situations meeting the criteria of 
Sec. 63.1294(d));
    (6) For each affected source complying with Sec. 63.1294(c), each 
calendar day after 5 calendar days after detection of a leak that a 
first attempt at repair has not been made, and the earlier of each 
calendar day after 15 calendar days after detection of a leak that a 
leak is not repaired, or if a leak is not repaired as soon as 
practicable, each subsequent calender day (with the exception of 
situations meeting the criteria of Sec. 63.1296(f)).
    (c) Slabstock affected sources complying with the emission point 
specific limitations. For slabstock affected sources complying with the 
emission point specific limitations as provided in Sec. 63.1293(a), 
failure to meet the requirements contained in Secs. 63.1295 through 
63.1298 shall be considered a violation of this subpart. Violation of 
each item listed in the paragraphs (c)(1) through (c)(17) of this 
section, as applicable, shall be considered a separate violation.
    (1) For each affected source complying with Sec. 63.1295(a) in 
accordance with Sec. 63.1295(b), each unloading event that occurs when 
the HAP ABA storage vessel is not equipped with a vapor return line 
from the storage vessel to the tank truck or rail car, each unloading 
event that occurs when the vapor line is not connected, each unloading 
event that the vapor line is not inspected for leaks as described in 
Sec. 63.1295(b)(1), each unloading event that occurs after a leak has 
been detected and not repaired, and each calendar day after a leak is 
detected but not repaired as soon as practicable;
    (2) For each affected source complying with Sec. 63.1295(a) in 
accordance with Sec. 63.1295(c), each unloading event that the HAP ABA 
storage vessel is not equipped with a carbon adsorption system, each 
unloading event (or each month if more than one unloading event occurs 
in a month) that the carbon adsorption system is not monitored for 
breakthrough in accordance with Sec. 63.1303(a)(3) or (4), and each 
unloading event that occurs when the carbon is not replaced after an 
indication of breakthrough ;
    (3) For each affected source complying with Sec. 63.1295(a) in 
accordance with Sec. 63.1295(c) through the alternative monitoring 
procedures in Sec. 63.1303(a)(2), each unloading event that the HAP ABA 
storage vessel is not equipped with a carbon adsorption system, each 
time that the carbon adsorption system is not monitored for 
breakthrough in accordance with Sec. 63.1303(a)(3) or (4) at the 
interval established in the design analysis, and each unloading event 
that occurs when the carbon is not replaced after an indication of 
breakthrough;
    (4) For each affected source complying with Sec. 63.1296(a) in 
accordance with Sec. 63.1296(a)(1), each calendar day that a transfer 
pump in HAP ABA service is not a sealless pump;
    (5) For each affected source complying with Sec. 63.1296(a) in 
accordance with Sec. 63.1296(a)(2), each week that a visual inspection 
of a pump in HAP ABA service is not performed, each quarter that a pump 
in HAP ABA service is not monitored to detect leaks in accordance with 
Sec. 63.1304(a), each calendar day after 5 calendar days after 
detection of a leak that a first attempt at repair has not been made in 
accordance with Sec. 63.1296(b)(2)(iii)(B), and the earlier of each 
calendar day after 15 calendar days after detection of a leak that a 
leak is not repaired, or if a leak is not repaired as soon as 
practicable, each subsequent calender day (with the exception of 
situations meeting the criteria of Sec. 63.1296(f));
    (6) For each affected source complying with Sec. 63.1296(b) in 
accordance with Sec. 63.1296(b)(1) and (2), each quarter that a valve 
in HAP ABA service is not monitored to detect leaks in accordance with 
Sec. 63.1304(a), each calendar day after 5 calendar days after 
detection of a leak that a first attempt at repair has not been made in 
accordance with Sec. 63.1296(b)(2)(ii), and each calendar day after 15 
calendar days after detection of a leak that a leak is not repaired, or 
if a leak is not repaired as soon as practicable, whichever is earlier 
(with the exception of situations meeting the criteria of 
Sec. 63.1296(f));
    (7) For each affected source complying with Sec. 63.1296(b)(3) for 
each valve designated as unsafe to monitor as described in 
Sec. 63.1296(b)(3)(i), failure to develop the written plan required by 
Sec. 63.1296(b)(3)(ii), each period specified in the written plan that 
an unsafe-to-monitor valve in HAP ABA service is not monitored, and 
each calendar day in which a leak is not repaired in accordance with 
the written plan;
    (8) For each affected source complying with Sec. 63.1296(b)(4) for 
one or more valves designated as difficult-to-monitor in accordance 
with Sec. 63.1296(b)(4)(i) and (ii), failure to develop the written 
plan required by Sec. 63.1296(b)(4)(iii), each calendar year that a 
difficult-to-monitor valve in HAP ABA service is not monitored, and 
each calendar day in which a leak is not repaired in accordance with 
the written plan;
    (9) For each affected source complying with Sec. 63.1296(c) in 
accordance with Sec. 63.1296(c)(1) and (2), each year that a connector 
in HAP ABA service is not monitored to detect leaks in accordance with 
Sec. 63.1304(a); each calendar day after 3 months after a connector has 
been opened, has otherwise had the seal broken, or a leak is repaired, 
that each connector in HAP ABA service is not monitored to detect leaks 
in accordance with Sec. 63.1304(a); each calendar day after 5 calendar 
days after detection of a leak that a first attempt at repair has not 
been made, and the earlier of each calendar day after 15 calendar days 
after detection of a leak that a leak is not repaired, or if a leak is 
not repaired as soon as practicable, each subsequent calendar day (with 
the exception of situations meeting the criteria of Sec. 63.1296(f));
    (10) For each affected source complying with Sec. 63.1296(c)(3) for 
one or more connectors designated as unsafe-to-monitor in accordance 
with Sec. 63.1296(c)(3)(i), failure to develop the written plan 
required by Sec. 63.1296(c)(3)(ii), each period specified in the 
written plan that an unsafe-to-monitor valve in HAP ABA service is not 
monitored, each calendar day after 5 calendar days after detection of a 
leak of an unsafe-to-monitor connector that a first attempt at repair 
has not been made, and the earlier of each calendar day after 15 
calendar days after detection of a leak that a leak is not repaired, or 
if a leak is not repaired as soon as practicable, each subsequent 
calender day (with the exception of situations meeting the criteria of 
Sec. 63.1296(f));
    (11) For each affected source complying with Sec. 63.1296(c)(4) for 
one or more connectors designated as unsafe to repair, each year that 
one or more unsafe-to-repair connectors in HAP ABA service is not 
monitored to detect leaks in accordance with Sec. 63.1304(a); each 
calendar day after 3 months after one or more unsafe-to-repair 
connectors has been opened, has otherwise had the seal broken, or a 
leak is repaired, that each unsafe-to-repair connector in HAP ABA 
service is not monitored to detect leaks in accordance with 
Sec. 63.1304(a); and the earlier of each calendar day after six-months 
after detection of a leak that a leak is not repaired, or if a leak is 
not repaired as soon as practicable, each subsequent calendar day;
    (12) For each affected source complying with Sec. 63.1296(d) in

[[Page 54010]]

accordance with Sec. 63.1296(d)(1) and (2), each calendar day after the 
5 days that the pressure-relief device has not been monitored in 
accordance with Sec. 63.1304(a) after a potential leak was discovered 
as described in Sec. 63.1296(d)(1), each calendar day after 5 calendar 
days after detection of a leak that a first attempt at repair has not 
been made, and the earlier of each calendar day after 15 calendar days 
after detection of a leak that a leak is not repaired, or if a leak is 
detected and not repaired as soon as practicable, each subsequent 
calendar day (with the exception of situations meeting the criteria of 
Sec. 63.1296(f));
    (13) For each affected source complying with Sec. 63.1296(e) in 
accordance with Sec. 63.1296(e)(1) through (5), each calendar day that 
an open-ended valve or line has no cap, blind flange, plug or second 
valve as described in Sec. 63.1296(e)(2), and each calendar day that a 
valve on the process fluid end of an open-ended valve or line equipped 
with a second valve is not closed before the second valve is closed;
    (14) For each affected source complying with Sec. 63.1297(a) in 
accordance with the rolling annual compliance option in 
Sec. 63.1297(a)(1) and (b), each calendar day in the 12-month period 
for which the actual HAP ABA emissions exceeded the allowable HAP ABA 
emissions level, each calendar day in which foam is being poured where 
the amount of polyol added at the mixhead is not monitored (as 
required) in accordance with Sec. 63.1303(b)(1)(i), each calendar day 
in which foam is being poured where the amount of HAP ABA added at the 
mixhead is not monitored (as required) in accordance with 
Sec. 63.1303(b)(1)(ii), each calendar day in a 6-month period in which 
the polyol pumps are not calibrated in accordance with 
Sec. 63.1303(b)(3)(i), each calendar day in a month in which the HAP 
ABA pumps are not calibrated in accordance with Sec. 63.1303(b)(3)(ii), 
and each calendar day after 10 working days after production where the 
IFD and density of a foam grade are not determined (where required) in 
accordance with Sec. 63.1304(b);
    (15) For each affected source complying with Sec. 63.1297(a) in 
accordance with the monthly compliance option in Sec. 63.1297(a)(2) and 
(c), each calendar day of each month for which the actual HAP ABA 
emissions exceeded the allowable HAP ABA emissions level for that 
month, each calendar day in which foam is being poured where the amount 
of polyol added at the mixhead is not monitored (as required) in 
accordance with Sec. 63.1303(b)(1)(i), each calendar day in which foam 
is being poured where the amount of HAP ABA added at the mixhead is not 
monitored (as required) in accordance with Sec. 63.1303(b)(1)(ii), each 
6-month period in which the polyol pumps are not calibrated in 
accordance with Sec. 63.1303(b)(3)(i), each month in which the HAP ABA 
pumps are not calibrated in accordance with Sec. 63.1303(b)(3)(ii), and 
each calendar day after 10 working days after production where the IFD 
and density of a foam grade are not determined (where required) in 
accordance with Sec. 63.1304(b);
    (16) For each affected source complying with Sec. 63.1297(a) by 
using a recovery device as allowed under Sec. 63.1297(e), the items 
listed in (c)(16)(i) or (ii) of this section, as applicable.
    (i) If complying with rolling annual compliance option in 
Sec. 63.1297(a)(1) and (b), each item listed in (c)(14) of this 
section, failure to develop a recovered HAP ABA monitoring and 
recordkeeping program in accordance with Sec. 63.1303(c), and each 
instance when an element of the program is not followed.
    (ii) If complying with the monthly compliance option in 
Sec. 63.1297(a)(2) and (c), each item listed in (c)(15) of this 
section, failure to develop a recovered HAP ABA monitoring and 
recordkeeping program in accordance with Sec. 63.1303(c), and each 
instance when an element of the program is not followed.
    (17) For each affected source complying with Sec. 63.1298, each 
calendar day that a HAP or any HAP-based material is used as an 
equipment cleaner.
    (d) Slabstock affected sources complying with the source-wide 
emission limitation. For slabstock affected sources complying with the 
source-wide emission limitation as provided in Sec. 63.1293(b), failure 
to meet the requirements contained in Sec. 63.1299 shall be considered 
a violation of this subpart. Violation of each item listed in the 
paragraphs (d)(1) through (d)(3) of this section, as applicable, shall 
be considered a separate violation.
    (1) For each affected source complying with Sec. 63.1299 in 
accordance with the rolling annual compliance option in 
Sec. 63.1299(a), each calendar day in the 12-month period for which the 
actual HAP ABA emissions exceeded the allowable HAP ABA emissions 
level, each calendar day in which foam is being poured where the amount 
of polyol added at the mixhead is not monitored (as required) in 
accordance with Sec. 63.1303(b)(1)(i), each calendar day in a week in 
which the amount of HAP ABA in a storage vessel is not determined in 
accordance with Sec. 63.1303(d), each delivery of HAP ABA in which the 
amount of HAP ABA added to the storage vessel is not determined in 
accordance with Sec. 63.1303(e), each calendar day in a 6-month period 
in which the polyol pumps are not calibrated in accordance with 
Sec. 63.1303(b)(3)(i), and each calendar day after 10 working days 
after production where the IFD and density of a foam grade are not 
determined (where required) in accordance with Sec. 63.1304(b);
    (2) For each affected source complying with Sec. 63.1299 in 
accordance with the monthly compliance option in Sec. 63.1299(b), each 
calendar day of each month for which the actual HAP ABA emissions 
exceeded the allowable HAP ABA emissions level for that month, each 
calendar day in which foam is being poured where the amount of polyol 
added at the mixhead is not monitored (as required) in accordance with 
Sec. 63.1303(b)(1)(i), each calendar day in a week in which the amount 
of HAP ABA in a storage vessel is not determined in accordance with 
Sec. 63.1303(d), each delivery of HAP ABA in which the amount of HAP 
ABA added to the storage vessel is not determined in accordance with 
Sec. 63.1303(e), and each calendar day in a 6-month period in which the 
polyol pumps are not calibrated in accordance with 
Sec. 63.1303(b)(3)(i), and each calendar day after 10 working days 
after production where the IFD and density of a foam grade are not 
determined (where required) in accordance with Sec. 63.1304(b).
    (3) For each affected source complying with Sec. 63.1299 by using a 
recovery device as allowed under Sec. 63.1299(e), the items listed in 
(d)(3)(i) or (ii) of this section, as applicable.
    (i) If complying with rolling annual compliance option in 
Sec. 63.1299(a), each item listed in (d)(1) of this section, failure to 
develop a recovered HAP ABA monitoring and recordkeeping program in 
accordance with Sec. 63.1303(c), and each instance when an element of 
the program is not followed.
    (ii) If complying with the monthly compliance option in 
Sec. 63.1299(b), each item listed in (d)(2) of this section, failure to 
develop a recovered HAP ABA monitoring and recordkeeping program in 
accordance with Sec. 63.1303(c), and each instance when an element of 
the program is not followed.
    (e) Molded and rebond foam affected sources. For molded and rebond 
foam affected sources, failure to meet the requirements contained in 
Sec. 63.1300 and Sec. 63.1301, respectively, shall be

[[Page 54011]]

considered a violation of this subpart. Violation of each item listed 
in the following paragraphs shall be considered a separate violation.
    (1) For each molded foam affected source subject to the provisions 
in Sec. 63.1300(a), each calendar day that a HAP-based material is used 
as an equipment cleaner (except for diisocyanates used to flush the 
mixhead and associated piping during periods of startup or maintenance, 
provided that the diisocyanate compounds are contained in a closed-loop 
system and are re-used in production);
    (2) For each molded foam affected source subject to the provisions 
of Sec. 63.1300(b), each calendar day that a HAP-base material is used 
as a mold release agent;
    (3) For each rebond foam affected source subject to the provisions 
of Sec. 63.1301(a), each calendar day that a HAP-based material is used 
as an equipment cleaner; and
    (4) For each rebond foam affected source complying with 
Sec. 63.1301(b), each calendar day that a HAP-based mold release agent 
is used.


Sec. 63.1309  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under Sec. 112(d) of the Clean Air Act, the authorities contained 
in paragraph (b) of this section shall be retained by the Administrator 
and not transferred to a State.
    (b) The authority conferred in Sec. 63.1303(b)(5) and 
Sec. 63.1305(d) shall not be delegated to any State.

Appendix to Subpart III--Tables

    For the convenience of the readers of subpart III, the tables below 
summarize the requirements in Secs. 63.1290 to 63.1307. These tables 
are intended to assist the reader in determining the requirements 
applicable to affected sources and do not alter an affected source's 
obligation to comply with the requirements in Secs. 63.1290 to 63.1307.
    TABLE 1 TO SUBPART III--HAP ABA FORMULATION LIMITATIONS MATRIX FOR 
NEW SOURCES [see Sec. 63.1297(d)(2)]
[GRAPHIC] [TIFF OMITTED] TR07OC98.010



     Table 2 to Subpart III--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart III.
----------------------------------------------------------------------------------------------------------------
                                                             Applies to
                   Subpart A reference                       subpart III                  Comment
----------------------------------------------------------------------------------------------------------------
Sec.  63.1...............................................            YES   Except that Sec.  63.1(c)(2) is not
                                                                            applicable to the extent area
                                                                            sources are not subject to subpart
                                                                            III.
Sec.  63.2...............................................            YES   Definitions are modified and
                                                                            supplemented by Sec.  63.1292.
Sec.  63.3...............................................            YES
Sec.  63.4...............................................            YES
Sec.  63.5...............................................            YES
Sec.  63.6 (a)-(d).......................................            YES
Sec.  63.6(e) (1)-(2)....................................            YES
Sec.  63.6(e)(3).........................................             NO   Owners and operators of subpart III
                                                                            affected sources are not required to
                                                                            develop and implement a startup,
                                                                            shutdown, and malfunction plan.
Sec.  63.6 (f)-(g).......................................            YES

[[Page 54012]]

Sec.  63.6(h)............................................             NO   Subpart III does not require opacity
                                                                            and visible emission standards.
Sec.  63.6 (i)-(j).......................................            YES
Sec.  63.7...............................................             NO   Performance tests not required by
                                                                            subpart III.
Sec.  63.8...............................................             NO   Continuous monitoring, as defined in
                                                                            subpart A, is not required by
                                                                            subpart III.
Sec.  63.9 (a)-(d).......................................            YES
Sec.  63.9 (e)-(g).......................................             NO
Sec.  63.9(h)............................................             NO   Subpart III specifies Notification of
                                                                            Compliance Status requirements.
Sec.  63.9 (i)-(j).......................................            YES
Sec.  63.10 (a)-(b)......................................            YES   Except that the records specified in
                                                                            Sec.  63.10(b)(2)(vi) through (xi)
                                                                            and (xiii) are not required.
Sec.  63.10(c)...........................................             NO
Sec.  63.10(d)(1)........................................            YES
Sec.  63.10 (d) (2)-(3)..................................             NO
Sec.  63.10 (d) (4)-(5)..................................            YES
Sec.  63.10(e)...........................................             NO
Sec.  63.10(f)...........................................            YES
Sec.  63.11..............................................            YES
Sec.  63.12..............................................            YES
Sec.  63.13..............................................            YES
Sec.  63.14..............................................            YES
Sec.  63.15..............................................            YES
----------------------------------------------------------------------------------------------------------------


 Table 3 to Subpart III.--Compliance Requirements for Slabstock Foam Production Affected Sources Complying with the Emission Point Specific Limitations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Emission, work
           Emission point                Emission point           practice, and            Monitoring           Recordkeeping            Reporting
                                        compliance option      equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diisocyanate storage vessels Sec.    Vapor balance.........  Sec.  63.1294(a)(1)     Sec.  63.1294(a)(1)(i  Sec.  63.1307(a)(1)    Sec.  63.1306(e)(5).
 63.1294(a)                                                   and (1)(ii).            ).                     and (4).
                                     Carbon adsorber.......  Sec.  63.1294(a)(2)...  Sec.  63.1303(a)(1),   Sec.  63.1307(a)(1),   Sec.  63.1306(e)(3).
                                                                                      (3), and (4).          (3)(i), and (3)(iii).
                                     Carbon adsorber--       Sec.  63.1294(a)(2)...  Sec.  63.1303(a)(2),   Sec.  63.1307(a)(1),   Sec.  63.1306(e)(3).
                                      alternative                                     (3) and (4).           (3)(ii), and
                                      monitoring.                                                            (3)(iii).
Diisocyanate transfer pumps Sec.     Sealless pump.........  Sec.  63.1294(b)(1)...  .....................  Sec.  63.1307          .....................
 63.1294(b)                                                                                                  (b)(1)(i) and (2).
                                     Submerged pump........  Sec.  63.1294(b)(2)(i)  Sec.  63.1294          Sec.  63.1307          Sec.  63.1306(e)(4).
                                                              and (iii).              (b)(2)(ii).            (b)(1)(i), (2), and
                                                                                                             (3).
Other components in diisocyanate     N/A...................  Sec.  63.1294(c)......  Sec.  63.1294(c).....  Sec.  63.1307          Sec.  63.1306(e)(4).
 service Sec.  63.1294(c).                                                                                   (b)(1)(i) and (3).
HAP ABA storage vessels Sec.         Vapor balance.........  Sec.  63.1295(b) and    Sec.  63.1295 (b)(1).  Sec.  63.1307(a)(2)    Sec.  63.1306(e)(5).
 63.1295                                                      (b)(2).                                        and (4).
                                     Carbon adsorber.......  Sec.  63.1295(c)......  Sec.  63.1303(a)(1),   Sec.  63.1307(a)(2),   Sec.  63.1306(e)(3).
                                                                                      (3), and (4).          (3)(i), (3)(iii).
                                     Carbon adsorber--       Sec.  63.1295(c)......  Sec.  63.1303(a)(2),   Sec.  63.1307(a)(2),   Sec.  63.1306(e)(3).
                                      alternative                                     (3) and (4).           (3)(ii), and
                                      monitoring.                                                            (3)(iii).
HAP ABA pumps Sec.  63.1296(a):      Sealless pump.........  Sec.  63.1296(a)(1)...  .....................  Sec.  63.1307          .....................
                                                                                                             (b)(1)(ii).
                                     Quarterly monitoring..  Sec.  63.1296(a)(2)     Sec.  63.1296(a)(2)(i  Sec.  63.1307          Sec.  63.1304(e)(4).
                                                              and (2)(iii).           ), (2)(ii) and Sec.    (b)(1)(ii) and (3).
                                                                                      63.1304(a).
HAP ABA valves Sec.  63.1296(b):     Quarterly monitoring..  Sec.  63.1296(b), and   Sec.  63.1296 (b)(1)   Sec.  63.1307          Sec.  63.1304(e)(4).
                                                              (b)(2).                 and Sec.  63.1304(a).  (b)(1)(ii) and (3).
                                     Unsafe-to-monitor.....  Sec.  63.1296(b)(3)     Sec.  63.1296          Sec.  63.1307          Sec.  63.1304(e)(4).
                                                              (i), (ii), and (iv).    (b)(3)(iii).           (b)(1)(ii), and (4).
                                     Difficult-to-monitor..  Sec.  63.1296(b)(4)     Sec.  63.1296(b)(4)(i  Sec.  63.1307          Sec.  63.1306(e)(4).
                                                              (i), (ii), (iii), and   v) and Sec.            (b)(1)(ii) and (4).
                                                              (v).                    63.1304(a).
HAP ABA Connectors Sec.              Annual monitoring.....  Sec.  63.1296(c) and    Sec.  63.1296(c)(1)    Sec.  63.1307          Sec.  63.1306(e)(4).
 63.1296(c):.                                                 (c)(2).                 and Sec.  63.1304(a).  (b)(1)(ii) and (3).
                                     Unsafe-to-monitor.....  Sec.  63.1296(c)(2),    Sec.  63.1296(c)(3)    Sec.  63.1307          Sec.  63.1306(e)(4).
                                                              (3) (i), and (ii).      (iii) and Sec.         (b)(1)(ii) and (4).
                                                                                      63.1304(a).
                                     Unsafe-to-repair......  Sec.  63.1296(c)(4)...  Sec.  63.1296(c)(1)..  Sec.  63.1307          Sec.  63.1306(e)(4).
                                                                                                             (b)(1)(ii).

[[Page 54013]]

Pressure-relief devices Sec.         N/A...................  Sec.  63.1296(d) and    Sec.  63.1296 (d)(1)   Sec.  63.1307          Sec.  63.1306(e)(4).
 63.1296(d)                                                   (d)(2).                 and Sec.  63.1304(a).  (b)(1)(ii) and (3).
Open-ended valves or lines Sec.      N/A...................  Sec.  63.1296(e)......  .....................  Sec.  63.1307          .....................
 63.1296(e).                                                                                                 (b)(1)(ii).
Production line Sec.  63.1297......  Rolling annual          Sec.  63.1297(a)(1)     Sec.  63.1303 (b)....  Sec.  63.1307(c)(1)..  Sec.  63.1306(e)(1).
                                      compliance.             and (b).
                                     Monthly compliance....  Sec.  63.1297(a)(2)     Sec.  63.1303 (b)....  Sec.  63.1307(c)(1)..  Sec.  63.1306(e)(2).
                                                              and (c).
                                     Compliance Using a      Sec.  63.1297(a)(1),    Sec.  63.1303 (b) and  Sec.  63.1307(c)(1)    Sec.  63.1306(e)(1)
                                      Recovery device.        (b), and (e) for        (c).                   and (d).               or (2).
                                                              rolling annual
                                                              compliance or Sec.
                                                              63.1297(a)(2), (c),
                                                              and (e) for monthly
                                                              compliance.
Equipment Cleaning Sec.  63.1298...  N/A...................  Sec.  63.1298.........  .....................  Sec.  63.1307(e).....  .....................
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   Table 4 to Subpart III.--Compliance Requirements for Slabstock Foam Production Affected Sources Complying With the Source-Wide Emission Limitation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Emission, work
           Emission point                Emission point           practice, and            Monitoring           Recordkeeping            Reporting
                                        compliance option      equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diisocyanate storage vessels Sec.    Vapor balance.........  Sec.  63.1294(a)(1)     Sec.  63.1294(a)(1)(i  Sec.  63.1307(a)(1)    Sec.  63.1306(e)(5).
 63.1294(a).                                                  and (1)(ii).            ).                     and (4).
                                     Carbon adsorber.......  Sec.  63.1294(a)(2)...  Sec.  63.1303(a)(1),   Sec.  63.1307(a)(1),   Sec.  63.1306(e)(3).
                                                                                      (3), and (4).          (3)(i), and (3)(iii).
                                     Carbon adsorber--       Sec.  63.1294(a)(2)...  Sec.  63.1303(a)(2),   Sec.  63.1307(a)(1),   Sec.  63.1306(e)(3).
                                      alternative                                     (3) and (4).           (3)(ii), and
                                      monitoring.                                                            (3)(iii).
Diisocyanate transfer pumps Sec.     Sealless pump.........  Sec.  63.1294(b)(1)...  .....................  Sec.  63.1307          .....................
 63.1294(b).                                                                                                 (b)(1)(i) and (2).
                                     Submerged pump........  Sec.  63.1294(b)(2)(i)  Sec.  63.1294          Sec.  63.1307          Sec.  63.1306(e)(4).
                                                              and (iii).              (b)(2)(ii).            (b)(1)(i), (2), and
                                                                                                             (3).
Other components in diisocyanate     N/A...................  Sec.  63.1294(c)......  Sec.  63.1294(c).....  Sec.  63.1307          Sec.  63.1306(e)(4).
 service Sec.  63.1294(c).                                                                                   (b)(1)(i) and (3).
HAP ABA storage vessels, equipment   Rolling annual          Sec.  63.1299(a),       Sec.  63.1303 (b)      Sec.  63.1307(c)(2)..  Sec.  63.1306(e)(1).
 leaks, production line, and          compliance.             (c)(1) through (4),     except (b)(1)(ii),
 equipment cleaning.                                          and (d).                (d), and (e).
                                     Monthly compliance....  Sec.  63.1299(b),       Sec.  63.1303 (b)      Sec.  63.1307(c)(2)..  Sec.  63.1306(e)(2).
                                                              (c)(1) through (4),     except (b)(1)(ii),
                                                              and (d).                (d), and (e).
                                     Compliance Using a      Sec.  63.1299(a), (d),  Sec.  63.1303 (b)      Sec.  63.1307(c)(2)    Sec.  63.1306(e)(1)
                                      Recovery device.        and (e) for rolling     except (b)(1)(ii)      and (d).               or (2).
                                                              annual compliance or    and (c).
                                                              Sec.  63.1299(b),
                                                              (d), and (e) for
                                                              monthly compliance.
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[[Page 54014]]


                         Table 5 to Subpart III.--Compliance Requirements for Molded and Rebond Foam Production Affected Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Emission, work
           Emission point                Emission point           practice, and            Monitoring           Recordkeeping            Reporting
                                        compliance option      equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Molded Foam
Equipment cleaning.................  N/A...................  Sec.  63.1300(a)......  .....................  Sec.  63.1307(g).....  .....................
Mold release agent.................  N/A...................  Sec.  63.1300(b)......  .....................  Sec.  63.1307 (h)....  .....................
            Rebond Foam
Equipment cleaning.................  N/A...................  Sec.  63.1301(a)......  .....................  Sec.  63.1307 (g)....  .....................
Mold release agent.................  N/A...................  Sec.  63.1301(b)......  .....................  Sec.  63.1307 (h)....  .....................
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[FR Doc. 98-25894 Filed 10-6-98; 8:45 am]
BILLING CODE 6560-50-P