[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Rules and Regulations]
[Pages 20189-20198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10099]
[[Page 20189]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6330-3]
RIN 2060-AC19
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Organic Hazardous Air Pollutants From the Synthetic
Organic Chemical Manufacturing Industry and Other Processes Subject to
the Negotiated Regulation for Equipment Leaks; Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: This document amends certain portions of the final regulation
``National Emission Standards for Hazardous Air Pollutants for Source
Categories: Organic Hazardous Air Pollutants from the Synthetic Organic
Chemical Manufacturing Industry and Other Processes Subject to the
Negotiated Regulation for Equipment Leaks,'' which was published on
January 17, 1997. This rule is commonly known as the Hazardous Organic
NESHAP or the HON.
These amendments to the rule will not change the basic control
requirements of the rule or the level of health protection it provides.
The rule requires new and existing major sources to control emissions
of hazardous air pollutants to the level reflecting application of the
maximum achievable control technology.
EFFECTIVE DATE: April 26, 1999.
ADDRESSES: Docket. Docket Numbers A-90-19, A-90-20, A-90-21, A-90-22,
and A-90-23 contain the supporting information for the original NESHAP
and this action. These dockets are available for public inspection and
copying between 8:00 a.m. and 5:30 p.m., Monday through Friday, at the
EPA's Air and Radiation Docket and Information Center, Waterside Mall,
Room M-1500, first floor, 401 M Street SW, Washington, DC 20460, or by
calling (202) 260-7548 or 260-7549. A reasonable fee may be charged for
copying.
FOR FURTHER INFORMATION CONTACT: For questions, contact Dr. Janet S.
Meyer, Coatings and Consumer Products Group, at telephone (919) 541-
5254 or e-mail meyer.jan@epa.gov, or contact Mary Tom Kissell, Waste
and Chemical Processes Group, at telephone (919) 541-4516 or e-mail
kissell.mary@epa.gov. The mailing address for both contacts is Emission
Standards Division (MD-13), U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities and Background Information
A. Regulated Entities
The regulated category and entities affected by this action
include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry............................... Synthetic organic chemical
manufacturing industry (SOCMI)
units, e.g., producers of
benzene, toluene, or any other
chemical listed in Table 1 of
40 CFR part 63, subpart F.
------------------------------------------------------------------------
This table is not intended to be exhaustive but, rather, provides a
guide for readers regarding entities likely to be interested in the
revisions to the regulation affected by this action. Entities
potentially regulated by the HON are those which produce as primary
intended products any of the chemicals listed in table 1 of 40 CFR part
63, subpart F and are located at facilities that are major sources as
defined in section 112 of the Clean Air Act. Potentially regulated
entities generally are companies that manufacture industrial organic
chemicals and cyclic organic crude and intermediates. To determine
whether your facility is regulated by this action, you should carefully
examine all of the applicability criteria in 40 CFR 63.100. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. Background on the Rule
On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196),
the EPA published in the Federal Register the NESHAP for the SOCMI, and
for several other processes subject to the equipment leaks portion of
the rule. These regulations were promulgated as subparts F, G, H, and I
in 40 CFR part 63, and are commonly referred to as the hazardous
organic NESHAP, or the HON. Since the April 22, 1994 notice, there have
been several amendments to clarify various aspects of the rule. Readers
should see the following Federal Register documents for more
information: September 20, 1994 (59 FR 48175); October 24, 1994 (59 FR
53359); October 28, 1994 (59 FR 54131); January 27, 1995 (60 FR 5321);
April 10, 1995 (60 FR 18020); April 10, 1995 (60 FR 18026); December
12, 1995 (60 FR 63624); February 29, 1996 (61 FR 7716); June 20, 1996
(61 FR 31435); August 26, 1996 (61 FR 43698); December 5, 1996 (61 FR
64571); January 17, 1997 (62 FR 2721); August 22, 1997 (62 FR 44608);
and December 9, 1998 (63 FR 67787).
II. Summary of Corrections
Today's changes are described in Table 2 to this preamble for the
convenience of the reader.
------------------------------------------------------------------------
Section 40 CFR, part 63 Change
------------------------------------------------------------------------
63.100(g)(4)................. Changes ``ceasing'' to ``ceases'' for
grammatical reasons and makes cross
reference correction by revising
``(g)(2)(i) and (g)(2)(iii) of this
section'' to ``(g)(2)(i) and (g)(2)(ii)
of this section.''
63.100(h)(3)................. Makes cross reference correction.
63.100(i)(5)................. Makes cross reference correction.
63.116(c)(3)(iii)(B)......... Text currently reads ``[t]he
concentration corrected to 3 percent
oxygen (Cc) shall be computed using
either of the following equations . .
.'' Only one equation follows this text
and the sentence was changed to reflect
this.
63.129(a)(4)(ii)............. The first sentence was inadvertently
omitted from the final rule. Today's
amendments corrects this oversight.
63.133(h).................... Delay of repair provisions are intended
to apply to any inspection done for the
section. Today's action removes cross
references to specific paragraphs.
63.134(b)(2)(ii)(B).......... Makes cross reference correction.
63.139(d)(4)................. This paragraph exempted certain boilers,
process heaters, and incinerators from
performance test or design evaluation
requirements. Today's revisions adds an
exemption from the monitoring
requirements of Sec. 63.143 for these
cases.
63.145(d)(6)................. Removes an equation that is not used in
the compliance demonstration.
[[Page 20190]]
63.145(i).................... Adds paragraph (i) introductory text.
This paragraph was inadvertently deleted
in the December 9, 1998 Federal Register
notice. This paragraph was previously
incorrectly designated as Sec.
63.145(h)(2)(iii).
63.145(c)(2)................. Replaces ``flow meter'' with ``flow
measurement device.'' This makes it
consistent with EPA's intent and
terminology used elsewhere.
63.146(b)(8) introductory Makes cross reference corrections by
text. revising ``Sec. 63.138(b)(1)(iii)(C),
(c)(1)(iii)(D), (d), or (e) of this
subpart'' to ``Sec. 63.138(b)(1),
(c)(1), (d), (e), (f), or (g) of this
subpart.''
63.146(b)(8)(i).............. Adds a sentence clarifying that when
using the design steam stripper option
specified in Sec. 63.138(d) to comply,
some reports are not required.
63.147(b)(4)................. Makes cross reference corrections by
revising ``Item 1 and Item 2 of table 12
of this subpart'' to Item 1 and Item 3
of table 12 of this subpart.''
63.147(b)(5)................. Makes cross reference corrections by
revising ``paragraphs (e) and (g) of
this subpart'' to ``paragraph (e) of
this subpart'' and revising ``Item 3 of
table 12 of this subpart'' to Item 2 of
table 12 of this subpart.''
63.148(b)(3)................. Removes the requirement for a Method 21
initial inspection. Initial visual
inspection is still required. This makes
it consistent with the requirements in
Secs. 63.133 through 63.137 and EPA's
intent.
63.148(c), introductory text. Removes words ``fixed roof,'' ``cover,''
and ``enclosure'' from text to remove
requirement for Method 21 initial
inspection. Amendments make the rule
text consistent with the requirements in
table 11 of subpart G.
63.148(c)(4)(ii)............. Makes cross reference corrections.
63.150(g)(5), (h)(5), and Today's action:
(j)(2).
--Makes cross reference corrections
throughout the wastewater portions of
this section.
--For consistency with the wastewater
sections, replaces: ``organic HAP'' with
``table 9 HAP'; ``point of generation''
with ``point of determination''; and
``VOHAP'' with ``table 9 HAP.''
--Replaces Sec. 63.150(g)(5)(i)(A)(1)
and (2) with a reference to the sampling
plan requirements in Sec.
63.144(b)(5)(ii).
--Replaces equation in Sec.
63.150(h)(5)(v)(A) with correct
equation. The Federal Register printed
the wrong equation; it printed the
equation in Sec. 63.150(h)(5)(v)(B)
twice.
--Adds reference to Sec. 63.145(a)(3)
and (a)(4) as to what is meant by
``representative conditions.''
Sec. 63.151(j)(3)........... Changes the reference to ``(e) of this
section'' to ``(e)(1) through (e)(5) of
this section'' and specifies the
information shall be submitted to the
EPA regional office where the source is
located.
Sec. 63.152(c)(2)(ii)(C).... Makes no conceptual changes: revisions
are clarifying edits.
Sec. 63.152(d)(1)........... Removes ``semi-annual'' from the second
sentence and makes the corresponding
cross reference change. This correction
clarifies the reporting obligations for
instances where a source does not follow
its start-up, shut-down, and malfunction
plan. The correction also makes this
paragraph consistent with Sec.
63.10(d)(5).
Table 4 to subpart G......... Makes terms consistent with rule text by
replacing ``mass flow'' with ``mass or
volumeric flow.''
Table 7 to subpart G......... Makes terms consistent with rule text by
replacing ``mass flow'' with ``mass or
volumeric flow.''
63.160(a).................... Replaces the word ``systems'' with
``closed vent systems.'' The change
revises the paragraph to use a defined
term and is the intended meaning of the
text.
63.163(b)(1)................. Makes cross reference correction.
63.164(h).................... Makes cross reference correction.
63.173(j).................... Makes cross reference correction.
63.181(b)(7)................. Makes cross reference correction and
corresponding grammatical change by
replacing ``through'' with ``and.''
63.181(g)(3)................. Makes cross reference correction and
corresponding grammatical change by
replacing ``through'' with ``and.''
------------------------------------------------------------------------
III. Administrative Requirements
A. Good Cause Finding
By promulgating these technical corrections directly as a final
rule, the EPA is foregoing an opportunity for public comment on a
notice of proposed rulemaking. Section 553(b) of title 5 of the United
States Code and section 307(b) of the CAA permit an agency to forego
notice and comment when ``the agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefore in
the rules issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.'' The
EPA finds that notice and comment regarding these minor technical
corrections are unnecessary due to their noncontroversial nature and
because they do not substantively change the requirements of the HON.
The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)
for a determination that the issuance of a notice of proposed
rulemaking is unnecessary.
B. Executive Orders 12866, 13045, 13083, 13084, Unfunded Mandates
Reform Act, Regulatory Flexibility Act, and Administrative Procedure
Act
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655 (May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act
[[Page 20191]]
or any other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This rule also is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because EPA interprets E.O. 13045 as applying only to
those regulatory actions that are based on health or safety risks, such
that the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to E.O.
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks. EPA's compliance with these
statutes and Executive Orders for the underlying rule is discussed in
the December 9, 1998 Federal Register document.
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. Section 808 allows the issuing agency to make a good
cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of April 26, 1999.
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 action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
C. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (the NTTAA), Public Law 104-113, section 12(d) (15 U.S.C.
272 note), directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices, etc.) that are developed or
adopted by voluntary consensus standard bodies. The NTTAA requires the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
This regulatory action makes technical amendments, such as cross
reference corrections and does not involve any technical standards that
would require the Agency to consider voluntary consensus standards
pursuant to section 12(d) of the NTTAA.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: April 12, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, title 40 chapter I, part
63 of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 63.100 is amended as follows:
a. By revising paragraph (g)(4);
b. In paragraph (h)(3), by revising the reference to ``(h)(2)(iv)
of this section'' to read ``(h)(2)(iii) of this section'; and
c. In paragraph (i)(5), by revising the reference to ``(i)(2)(iv)
of this section'' to read ``(i)(2)(iii) of this section.''
The revision to paragraph (g)(4) reads as follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(g) * * *
(4) If the storage vessel begins receiving material from (or
sending material to) another chemical manufacturing process unit, or
ceases to receive material from (or send material to) a chemical
manufacturing process unit, or if the applicability of this subpart F
and subpart G of this part to a storage vessel has been determined
according to the provisions of paragraphs (g)(2)(i) and (g)(2)(ii) of
this section and there is a change so that the predominant use may
reasonably have changed, the owner or operator shall reevaluate the
applicability of this subpart to the storage vessel.
* * * * *
3. Section 63.116 is amended by revising paragraph (c)(3)(iii)(B)
to read as follows:
Sec. 63.116 Process vent provisions--performance test methods and
procedures to determine compliance.
* * * * *
(c) * * *
(3) * * *
(iii) * * *
(B) The concentration corrected to 3 percent oxygen (Cc)
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR26AP99.003
Where:
Cc=Concentration of TOC or organic HAP corrected to 3
percent oxygen, dry basis, parts per million by volume.
Cm=Concentration of TOC (minus methane and ethane) or
organic HAP, dry basis, parts per million by volume.
%02d=Concentration of oxygen, dry basis, percent by volume.
* * * * *
4. Section 63.129 is amended by revising paragraph (a)(4)(ii) to
read as follows:
Sec. 63.129 Transfer operations provisions--reporting and
recordkeeping for performance tests and notification of compliance
status.
(a)* * *
(4) * * *
(ii) The percent reduction of total organic HAP or TOC achieved by
the control device determined as specified in Sec. 63.128(a) of this
subpart, or the concentration of total organic HAP or TOC (parts per
million by volume, by compound) determined as specified in
Sec. 63.128(a) of this subpart at the outlet of the control device. For
combustion devices, the concentration shall be reported on a dry basis
corrected to 3 percent oxygen.
* * * * *
5. Section 63.133 is amended by revising the second sentence of
paragraph (h) to read as follows:
Sec. 63.133 Process wastewater provisions--wastewater tanks.
* * * * *
(h) * * * If a failure that is detected during inspections required
by this section cannot be repaired within 45 calendar days and if the
vessel cannot be emptied within 45 calendar days, the owner or operator
may utilize up to 2 extensions of up to 30 additional calendar days
each. * * *
6. In Sec. 63.134, paragraph (b)(2)(ii)(B) is amended by revising
the reference to ``(b)(2)(i) of this section'' to read ``(b)(2)(ii)(A)
of this section.''
[[Page 20192]]
7. Section 63.139 is amended by revising paragraph (d)(4)
introductory text to read as follows:
Sec. 63.139 Process wastewater provisions--control devices.
* * * * *
(d) * * *
(4) An owner or operator using any control device specified in
paragraphs (d)(4)(i) through (d)(4)(iv) of this section is exempt from
the requirements in paragraphs (d)(1) through (d)(3) of this section
and from the requirements in Sec. 63.6(f) of subpart A of this part,
and from the requirements of paragraph (e) of this section.
* * * * *
8. Section 63.145 is amended as follows:
a. In paragraph (d)(6), by removing and reserving equation WW5;
b. By adding paragraph (i) introductory text; and
c. By revising paragraph (c)(2).
The addition of paragraph (i) introductory text and the revision of
paragraph (c)(2) read as follows:
Sec. 63.145 Process wastewater provisions--test methods and procedures
to determine compliance.
* * * * *
(c) * * *
(2) Flow rate. The flow rate of the entering and exiting wastewater
streams shall be determined using inlet and outlet flow measurement
devices, respectively. Where the outlet flow is not greater than the
inlet flow, a flow measurement device shall be used, and may be used at
either the inlet or outlet. Flow rate measurements shall be taken at
the same time as the concentration measurements.
* * * * *
(i) Performance tests for control devices other than flares. This
paragraph applies to performance tests that are conducted to
demonstrate compliance of a control device with the efficiency limits
specified in Sec. 63.139(c). If complying with the 95-percent reduction
efficiency requirement, comply with the requirements specified in
paragraphs (i)(1) through (i)(9) of this section. If complying with the
20 ppm by volume requirement, comply with the requirements specified in
paragraphs (i)(1) through (i)(6) and (i)(9) of this section. The 20 ppm
by volume limit or 95-percent reduction efficiency requirement shall be
measured as either total organic hazardous air pollutants or as TOC
minus methane and ethane.
* * * * *
9. Section 63.146 is amended by revising paragraph (b)(8)
introductory text and by adding two sentences to the end of paragraph
(b)(8)(i) introductory text to read as follows:
Sec. 63.146 Process wastewater provisions--reporting.
* * * * *
(8) For each treatment process used to comply with
Sec. 63.138(b)(1), (c)(1), (d), (e), (f), or (g) of this subpart, the
owner or operator shall submit the information specified in paragraphs
(b)(8)(i) and (b)(8)(ii) of this section.
(i) * * * An owner or operator using the design steam stripper
compliance option specified Sec. 63.138(d) of this subpart does not
have to submit the information specified in paragraph (b)(8)(i)(A) or
(b)(8)(i)(B) of this section. However, the monitoring requirements
specified in Item 2 of table 12 of this subpart still apply.
* * * * *
10. Section 63.147 is amended by revising paragraphs (b)(4) and
(b)(5) to read as follows:
Sec. 63.147 Process wastewater provisions--recordkeeping.
* * * * *
(b) * * *
(4) For Item 1 and Item 3 of table 12 of this subpart, the owner or
operator shall keep the records approved by the Administrator.
(5) Except as provided in paragraph (e) of this section, continuous
records of the monitored parameters specified in Item 2 of table 12 and
table 13 of this subpart, and in Sec. 63.143(e)(2) of this subpart.
* * * * *
11. Section 63.148 is amended by revising paragraph (b)(3);
revising paragraph (c) introductory text and revising the second
sentence in paragraph (c)(4)(ii) to read as follows:
Sec. 63.148 Leak inspection provisions.
* * * * *
(b) * * *
(3) For each fixed roof, cover, and enclosure, the owner or
operator shall conduct initial visual inspections and semi-annual
visual inspections for visible, audible, or olfactory indications of
leaks as specified in Secs. 63.133 through 63.137 of this subpart.
(c) Each vapor collection system and closed vent system shall be
inspected according to the procedures specified in paragraphs (c)(1)
through (c)(5) of this section.
(4) * * *
(ii) * * * A calibration gas other than methane in air may be used
if the instrument does not respond to methane or if the instrument does
not meet the performance criteria specified in paragraph (c)(2)(i) of
this section. * * *
* * * * *
12. Section 63.150 is amended as follows:
a. By revising paragraphs (g)(5) and (h)(5);
b. By adding a sentence to the end of the introductory text to
paragraph (j)(2); and
c. By revising paragraphs (j)(2)(ii)(B) and (m)(5)(i) to read as
follows:
Sec. 63.150 Emissions averaging provisions.
* * * * *
(g) * * *
(5) Emissions from wastewater shall be calculated as follows:
(i) The following equation shall be used for each wastewater stream
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR26AP99.004
where:
EWWic = Monthly wastewater stream emission rate if
wastewater stream i is controlled by the reference control technology,
megagrams per month.
Qi = Average flow rate for wastewater stream i, as
determined by the procedure in Sec. 63.144(c)(3), liters per minute.
Hi = Number of hours during the month that wastewater stream
i was generated, hours per month.
s = Total number of table 9 HAP in wastewater stream i.
[[Page 20193]]
Frm = Fraction removed of table 9 HAP m in wastewater, from
table 9, dimensionless.
Fem = Fraction emitted of table 9 HAP m in wastewater, from
table 34, dimensionless.
HAPim = Average concentration of table 9 HAP m in wastewater
stream i, parts per million by weight.
(A) HAPim shall be determined for the point of
determination or, at a location downstream of the point of
determination and adjusted according as specified in Sec. 63.144(b)(6)
of this subpart, by developing and using the sampling plan specified in
Sec. 63.144(b)(5)(ii) of this subpart. The samples collected may be
analyzed by any of the methods specified in Sec. 63.144(b)(5)(i)(B)
through (b)(5)(i)(F) of this subpart. Concentration measurements based
on Method 305 shall be adjusted by dividing each concentration by the
compound-specific Fm factor listed on table 34 of this subpart.
Concentration measurements other than Method 305 shall not be adjusted
by the compound-specific Fm factor listed in table 34 of this subpart.
(B) Values for Qi, HAPim, and Cim
shall be determined during a performance test conducted under
representative conditions as specified in Sec. 63.145(a)(3) and (a)(4)
of this subpart. The average value obtained from three test runs shall
be used. The values of Qi, HAPim, and
Cim shall be established in the Notification of Compliance
Status and must be updated as provided in paragraph (g)(5)(i)(C) of
this section.
(C) If there is a change to the process or operation such that the
previously measured values of Qi, HAPim, and
Cim are no longer representative, a new performance test
shall be conducted to determine new representative values of
Qi, HAPim, and Cim. These new values
shall be used to calculate debits and credits from the time of the
change forward, and the new values shall be reported in the next
Periodic Report.
(ii) The following equation shall be used to calculate
EWWiACTUAL for each wastewater stream i that is not managed
according to the provisions for waste management units of Secs. 63.133
through 63.137 of this subpart, as applicable, which specify equipment
and work practices for suppressing and controlling vapors.
Qi, Hi, s, Fem, and HAPim
are as defined and determined according to paragraph (g)(5)(i) of this
section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.005
Where:
EWWiACTUAL = Monthly wastewater stream emission rate if
wastewater stream i is uncontrolled or is controlled to a level less
stringent than the reference control technology, megagrams per month.
(iii) The following equation shall be used to calculate
EWWiACTUAL for each wastewater stream i that is managed
according to the requirements of Secs. 63.133 through 63.137 of this
subpart, as applicable, and wastewater stream i is uncontrolled or is
controlled to a level less stringent than the reference control
technology (for the purposes of the wastewater emissions averaging
provisions, the term control is used to mean treatment). Qi,
Hi, s, Fem, and HAPim are as defined
and determined according to paragraph (g)(5)(i) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.006
Where:
EWWiACTUAL = Monthly wastewater stream emission rate if
wastewater stream i is uncontrolled or is controlled to a level less
stringent than the reference control technology, megagrams per month.
PRim = The efficiency of the treatment process, or series of
treatment processes, which treat wastewater stream i, in reducing the
emission potential of table 9 HAP m in wastewater, dimensionless, as
calculated by:
[GRAPHIC] [TIFF OMITTED] TR26AP99.007
Where:
HAPim-in = Average concentration of table 9 HAP m, parts per
million by weight, as defined and determined according to paragraph
(g)(5)(i) of this section, in the wastewater entering the first
treatment process in the series.
HAPim-out = Average concentration of table 9 HAP m, parts
per million by weight, as defined and determined according to paragraph
(g)(5)(i) of this section, in the wastewater exiting the last treatment
process in the series.
Ri = Reduction efficiency of the device used to control any
vapor streams emitted and collected from wastewater stream i during
treatment, dimensionless, as determined according to the procedures in
Sec. 63.145(i) or (j) of this subpart.
* * * * *
(h) * * *
(5) Emissions from wastewater shall be determined as follows:
(i) EWW1ic shall be calculated according to the equation
for EWWic in paragraph (g)(5)(i) of this section.
(ii) EWW2iBASE shall be calculated according to the
equation for EWWiACTUAL in paragraph (g)(5)(ii) of this
section for each Group 2 wastewater stream i, which on November 15,
1990, was not managed according to the requirements of Secs. 63.133
through 63.137 of this subpart, as applicable.
(iii) EWW2iBASE shall be calculated according to the
equation for EWWiACTUAL in paragraph (g)(5)(iii) of this
section for each Group 2 wastewater stream i, which on November 15,
1990, was managed according to the requirements of Secs. 63.133 through
63.137 of this subpart, as applicable, and was uncontrolled or
controlled to a level less stringent than the reference control
technology.
[[Page 20194]]
(iv) For Group 2 wastewater streams that are managed according to
the requirements of Secs. 63.133 through 63.137 of this subpart, as
applicable, EWW2iACTUAL shall be calculated as follows:
(A) EWW2iACTUAL shall be calculated according to the
equation for EWWiACTUAL in paragraph (g)(5)(iii) of this
section for each Group 2 wastewater stream i that is controlled to a
level less stringent than, or equivalent to, the reference control
technology.
(B) EWW2iACTUAL shall be calculated according to the
procedures for calculating EWW1iACTUAL in paragraph
(h)(5)(v) of this section for each Group 2 wastewater stream that is
controlled to a level more stringent than the reference control
technology.
(v) The following equations for EWW1iACTUAL shall be used to
calculate emissions from each Group 1 wastewater stream i that is
managed according to the requirements of Secs. 63.133 through 63.137 of
this subpart, as applicable, and is controlled to a level more
stringent than the reference control technology.
(A) If the Group 1 wastewater stream i is controlled using a
treatment process or series of treatment processes with an approved
nominal reduction efficiency in the concentration of table 9 HAP for
stream i greater than that of the design steam stripper specified in
Sec. 63.138(d) of this subpart, and the control device used to reduce
table 9 HAP emissions from the vapor stream(s) vented from the
treatment process(es) achieves a percent reduction equal to 95 percent,
the following equation shall be used. All terms in this equation are as
defined and determined in paragraph (g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.008
(B) If the Group 1 wastewater stream i is not controlled using a
treatment process or series of treatment processes with a nominal
reduction efficiency in the table 9 HAP concentration greater than that
of the design steam stripper specified in Sec. 63.138(d) of this
subpart, but the vapor stream(s) vented from the treatment process(es)
are controlled using a device with an approved nominal efficiency
greater than 95 percent, the following equation shall be used. All
terms other than nominal efficiency are as defined and determined in
paragraph (g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.009
(C) If the Group 1 wastewater stream i is controlled using a
treatment process or series of treatment processes with an approved
nominal reduction efficiency in the table 9 HAP concentration greater
than that of the design steam stripper specified in Sec. 63.138(d) of
this subpart, and the vapor stream(s) vented from the treatment process
are controlled using a device with an approved nominal efficiency
greater than 95 percent, the following equation shall be used. All
terms other than nominal efficiency are as defined and determined in
paragraph (g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.010
* * * * *
(j) * * *
(2) * * * When the term ``organic HAP'' is used in
Sec. 63.150(j)(2) in reference to wastewater emission points, the term
``table 9 HAP'' shall apply for the purposes of this paragraph.
* * * * *
(ii) * * *
(B) For wastewater, EB shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR26AP99.011
Where:
n = Number of wastewater streams.
QBi = Average flow rate for wastewater stream i before the
pollution prevention measure, defined and determined according to
paragraph
[[Page 20195]]
(g)(5)(i) of this section, liters per minute, before implementation of
the pollution prevention measure.
HBi = Number of hours per month that wastewater stream i was
discharged before the pollution prevention measure, hours per month.
s = Total number of table 9 HAP in wastewater stream i.
Fem = Fraction emitted of table 9 HAP m in wastewater of
this subpart, dimensionless.
HAPBim = Average concentration of table 9 HAP m in
wastewater stream i, defined and determined according to paragraph
(g)(5)(i) of this section, before the pollution prevention measure,
parts per million by weight, as measured before the implementation of
the pollution measure.
* * * * *
(m) * * *
(5) * * *
(i) For wastewater treatment processes, conduct tests as specified
in Sec. 63.138(j) of this subpart.
* * * * *
13. Section 63.151 is amended by revising paragraph (j)(3) to read
as follows:
Sec. 63.151 Initial notification.
* * * * *
(j) * * *
(3) Whenever an emission point or a chemical manufacturing process
unit is added to a source, written information specified under
paragraphs (e)(1) through (e)(5) of this section, containing
information on the new emission point(s) shall be submitted to the EPA
regional office where the source is located.
14. Section 63.152 is amended by revising paragraphs (c)(2)(ii)(C)
and (d)(1) to read as follows:
Sec. 63.152 General reporting and continuous records.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(C) A monitored parameter that is outside its established range or
monitoring data that are not collected are excursions. However, if the
conditions in paragraph (c)(2)(ii)(C)(1) or (c)(2)(ii)(C)(2) of this
section are met, these excursions are not violations and do not count
toward the number of excused excursions for determining compliance.
(1) Periods of start-up, shutdown, or malfunction. During periods
of start-up, shutdown, or malfunction when the source is operated
during such periods in accordance with the source's start-up, shutdown,
and malfunction plan as required by Sec. 63.6(e)(3) of subpart A.
(2) Periods of nonoperation. During periods of nonoperation of the
chemical manufacturing process unit, or portion thereof, that results
in cessation of the emissions to which the monitoring applies.
* * * * *
(d) * * *
(1) Reports of start-up, shutdown, and malfunction required by
Sec. 63.10(d)(5) of subpart A. The start-up, shutdown and malfunction
reports may be submitted on the same schedule as the Periodic Reports
required under paragraph (c) of this section instead of the schedule
specified in Sec. 63.10(d)(5) of subpart A.
* * * * *
15. The appendix to subpart G is amended by revising tables 4 and 7
to read as follows:
Appendix to Subpart G--Tables and Figures
* * * * *
Table 4. Process Vents--Monitoring, Recordkeeping, and Reporting Requirements For Maintaining a TRE Index Value
>1.0 and 4.0
----------------------------------------------------------------------------------------------------------------
Recordkeeping and reporting requirements for
Final recovery device Parameters to be monitored monitored parameters
--------------------------------------------------a-------------------------------------------------------------
Absorber b......................... Exit temperature of the 1. Continuous records c.
absorbing liquid 2. Record and report the exit temperature of
[63.114(b)(1)], and. the absorbing liquid averaged over the full
period of the TRE determination--NCS d.
3. Record the daily average exit temperature
of the absorbing liquid for each operating
day e.
4. Report all the daily average exit
temperatures of the absorbing liquid that are
outside the range established in the NCS or
operating permit--PR f.
Exit specific gravity 1. Continuous records.
[63.114(b)(1)]. 2. Record and report the exit specific gravity
averaged over the full period of the TRE
determination--NCS.
3. Record the daily average exit specific
gravity for each operating day e.
4. Report all daily average exit specific
gravity values that are outside the range
established in the NCS or operating permit--
PR.
Condenser d........................ Exit (product side) 1. Continuous records.
temperature [63.114(b)(2)]. 2. Record and report the exit temperature
averaged over the full period of the TRE
determination--NCS.
3. Record the daily average exit temperature
for each operating day e.
4. Report all daily average exit temperatures
that are outside the range established in the
NCS or operating permit--PR.
Carbon adsorber d.................. Total regeneration stream 1. Record of total regeneration stream mass or
mass or volumetric flow volumetric flow for each carbon bed
during carbon bed regeneration cycle.
regeneration cycle(s) 2. Record and report the total regeneration
[63.114(b)(3)], and. stream mass or volumetric flow during each
carbon bed regeneration cycle during the
period of the TRE determination--NCS.
3. Report all carbon bed regeneration cycles
when the total regeneration stream mass or
volumetric flow is outside the range
established in the NCS or operating permit--
PR.
Temperature of the carbon 1. Records of the temperature of the carbon
bed after regeneration bed after each regeneration.
[and within 15 minutes of 2. Record and report the temperature of the
completing any cooling carbon bed after each regeneration during the
cycle(s)] [63.114(b)(3)]. period of the TRE determination--NCS.
[[Page 20196]]
3. Report all carbon bed regeneration cycles
during which temperature of the carbon bed
after regeneration is outside the range
established in the NCS or operating permit--
PR.
All recovery devices (as an Concentration level or 1. Continuous records.
alternative to the above). reading indicated by an 2. Record and report the concentration level
organic monitoring device or reading averaged over the full period of
at the outlet of the the TRE determination--NCS.
recovery device [63.114
(b)].
3. Record the daily average concentration
level or reading for each operating day e.
4. Report all daily average concentration
levels or readings that are outside the range
established in the NCS or operating permit--
PR.
----------------------------------------------------------------------------------------------------------------
aRegulatory citations are listed in brackets.
b Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
this table under ``All Recovery Devices.''
c ``Continuous records'' is defined in Sec. 63.111 of this subpart.
d NCS = Notification of Compliance Status described in Sec. 63.152 of this subpart.
e The daily average is the average of all values recorded during the operating day. If all recorded values
during an operating day are within the range established in the NCS or operating permit, a statement to this
effect can be recorded instead of the daily average.
f PR= Periodic Reports described in Sec. 63.152 of this subpart.
* * * * *
Table 7.--Transfer Operations--Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98
Weight-Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or a Limit of 20 Parts Per Million
by Volume
----------------------------------------------------------------------------------------------------------------
Recordkeeping and reporting requirements for
Control device Parameters to be monitoreda monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal incinerator................ Firebox temperature b 1. Continuous records c during loading.
[63.127(a)(1)(i)]. 2. Record and report the firebox temperature
averaged over the full period of the
performance test--NCS.d
3. Record the daily average firebox
temperature for each operating day e
4. Report daily average temperatures that are
outside the range established in the NCS or
operating permit and all operating days when
insufficient monitoring data are collected f--
PRg
Catalytic incinerator.............. Temperature upstream and 1. Continuous records during loading.
downstream of the catalyst 2. Record and report the upstream and
bed [63.127(a)(1)(ii)]. downstream temperatures and the temperature
difference across the catalyst bed averaged
over the full period of the performance test--
NCS.
3. Record the daily average upstream
temperature and temperature difference across
catalyst bed for each operating day.e
4. Report all daily average upstream
temperatures that are outside the range
established in the NCS or operating permit--
PR.
5. Report all daily average temperature
differences across the catalyst bed that are
outside the range established in the NCS or
operating permit--PR.
6. Report all operating days when insufficient
monitoring data are collected.f
Boiler or process heater with a Firebox temperature b 1. Continuous records during loading.
design heat input capacity less [63.127(a)(3)]. 2. Record and report the firebox temperature
than 44 megawatts and vent stream averaged over the full period of the
is not introduced with or as the performance test--NCS.
primary fuel.
3. Record the daily average firebox
temperature for each operating day.e
4. Report all daily average firebox
temperatures that are outside the range
established in the NCS or operating permit
and all operating days when insufficient data
are collectedf--PR.
Flare.............................. Presence of a flame at the 1. Hourly records of whether the monitor was
pilot light [63.127(a)(2)]. continuously operating and whether the pilot
flame was continuously present during each
hour.
2. Record and report the presence of a flame
at the pilot light over the full period of
the compliance determination--NCS.
3. Record the times and durations of all
periods when all pilot flames are absent or
the monitor is not operating.
4. Report the duration of all periods when all
pilot flames of a flare are absent--PR.
[[Page 20197]]
Scrubber for halogenated vent pH of scrubber effluent 1. Continuous records during loading.
streams (Note: Controlled by a [63.127(a)(4)(i)], and. 2. Record and report the pH of the scrubber
combustion device other than a effluent averaged over the full period of the
flare). performance test--NCS.
3. Record the daily average pH of the scrubber
effluent for each operating day.e
4. Report all daily average pH values of the
scrubber effluent that are outside the range
established in the NCS or operating permit
and all operating days when insufficient
monitoring data are collected f--PR.
Scrubber liquid and gas 1. Continuous records during loading of
flow rates scrubber liquid flow rate.
[63.127(a)(4)(ii)]. 2. Record and report the scrubber liquid/gas
ratio averaged over the full period of the
performance test--NCS.
3. Record the daily average scrubber liquid/
gas ratio for each operating day.e
4. Report all daily average scrubber liquid/
gas ratios that are outside the range
established in the NCS or operating permit
and all operating days when insufficient
monitoring data are collected f--PR.
Absorber h......................... Exit temperature of the 1. Continuous records during loading.
absorbing liquid 2. Record and report the exit temperature of
[63.127(b)(1)], and. the absorbing liquid averaged over the full
period of the performance test--NCS.
3. Record the daily average exit temperature
of the absorbing liquid for each operating
day.e
4. Report all daily average exit temperatures
of the absorbing liquid that are outside the
range established in the NCS or operating
permit and all operating days when
insufficient monitoring data are collected f--
PR.
Exit specific gravity 1. Continuous records during loading.
[63.127(b)(1)]. 2. Record and report the exit specific gravity
averaged over the full period of the
performance test--NCS.
3. Record the daily average exit specific
gravity for each operating day.e
4. Report all daily average exit specific
gravity values that are outside the range
established in the NCS or operating permit
and all operating days when insufficient
monitoring data are collected f--PR.
Condenser h........................ Exit (product side) 1. Continuous records during loading.
temperature [63.127(b)(2)]. 2. Record and report the exit temperature
averaged over the full period of the
performance test--NCS.
3. Record the daily average exit temperature
for each operating day.e
4. Report all daily average exit temperatures
that are outside the range established in the
NCS or operating permit and all operating
days when insufficient monitoring data are
collected f--PR.
Carbon adsorberh................... Total regeneration stream 1. Record of total regeneration stream mass or
mass or volumetric or volumetric flow for each carbon bed
volumetric flow during regeneration cycle.
carbon bed regeneration 2. Record and report the total regeneration
cycle(s) [63.127(b)(3)], stream mass or volumetric flow during each
and. carbon bed regeneration cycle during the
period of the performance test--NCS.
3. Report all carbon bed regeneration cycles
when the total regeneration stream mass or
volumetric flow is outside the range
established in the NCS or operating permit
and all operating days when insufficient
monitoring data are collectedf--PR.
Temperature of the carbon 1. Records of the temperature of the carbon
bed after regeneration bed after each regeneration.
[and within 15 minutes of 2. Record and report the temperature of the
completing any cooling carbon bed after each regeneration during the
cycle(s)] [63.127(b)(3)]. period of the performance test--NCS.
3. Report all the carbon bed regeneration
cycles during which the temperature of the
carbon bed after regeneration is outside the
range established in the NCS or operating
permit and all operating days when
insufficient monitoring data are collectedf--
PR.
All recovery devices (as an Concentration level or 1. Continuous records during loading.
alternative to the above). reading indicated by an 2. Record and report the concentration level
organic monitoring device or reading averaged over the full period of
at the outlet of the the performance test--NCS.
recovery device
[63.127(b)].
3. Record the daily average concentration
level or reading for each operating day.d
[[Page 20198]]
4. Report all daily average concentration
levels or readings that are outside the range
established in the NCS or operating permit
and all operating days when insufficient
monitoring data are collected f--PR.
All control devices and vapor Presence of flow diverted 1. Hourly records of whether the flow
balancing systems. to the atmosphere from the indicator was operating and whether a
control device diversion was detected at any time during
[63.127(d)(1)] or. each hour.
2. Record and report the duration of all
periods when the vent stream is diverted
through a bypass line or the monitor is not
operating--PR.
Monthly inspections of 1. Records that monthly inspections were
sealed valves performed.
[63.127(d)(2)]. 2. Record and report all monthly inspections
that show the valves are moved to the
diverting position or the seal has been
changed.
----------------------------------------------------------------------------------------------------------------
a Regulatory citations are listed in brackets.
b Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
substantial heat exchange is encountered.
c ``Continuous records'' is defined in Sec. 63.111 of this subpart.
d NCS = Notification of Compliance Status described in Sec. 63.152 of this subpart.
e The daily average is the average of all recorded parameter values for the operating day. If all recorded
values during an operating day are within the range established in the NCS or operating permit, a statement to
this effect can be recorded instead of the daily average.
f The periodic reports shall include the duration of periods when monitoring data are not collected for each
excursion as defined in Sec. 63.152(c)(2)(ii)(A) of this subpart.
g PR = Periodic Reports described in Sec. 63.152 of this subpart.
h Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
this table under ``All Recovery Devices.''
16. Section 63.160 is amended by revising paragraph (a) to read as
follows:
Sec. 63.160 Applicability and designation of source.
(a) The provisions of this subpart apply to pumps, compressors,
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, surge control vessels,
bottoms receivers, instrumentation systems, and control devices or
closed vent systems required by this subpart that are intended to
operate in organic hazardous air pollutant service 300 hours or more
during the calendar year within a source subject to the provisions of a
specific subpart in 40 CFR part 63 that references this subpart.
* * * * *
Sec. 63.163 [Amended]
17. Paragraph (b)(1) of Sec. 63.163 is amended by revising the
reference to ``(e) through (i) of this section'' to read ``(e) through
(j) of this section.''
Sec. 63.164 [Amended]
18. Paragraph (h) of Sec. 63.164 is amended by revising the
reference to ``(a) through (f) of this section'' to read ``(a) through
(g) of this section.''
Sec. 63.173 [Amended]
19. In Sec. 63.173, paragraph (j) introductory text is amended by
revising the reference to `` (b) through (d) of this section'' to read
`` (a) through (d) of this section.''
20. Section 63.181 is amended by revising paragraph (b)(7)
introductory text and revising paragraph (g)(3) introductory text to
read as follows:
Sec. 63.181 Recordkeeping requirements.
* * * * *
(b) * * *
(7) The following information pertaining to all pumps subject to
the provisions of Sec. 63.163(j), valves subject to the provisions of
Sec. 63.168(h) and (i) of this subpart, agitators subject to the
provisions of Sec. 63.173(h) through (j), and connectors subject to the
provisions of Sec. 63.174(f) and (g) of this subpart shall be recorded:
* * * * *
(g) * * *
(3) Records of inspections of closed-vent systems subject to the
provisions of Sec. 63.172 of this subpart, as specified in paragraphs
(g)(3)(i) and (g)(3)(ii) of this section.
* * * * *
[FR Doc. 99-10099 Filed 4-23-99; 8:45 am]
BILLING CODE 6560-50-P
