99-30230. National Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology (Generic MACT); Process Wastewater Provisions  

  • [Federal Register Volume 64, Number 224 (Monday, November 22, 1999)]
    [Rules and Regulations]
    [Pages 63695-63702]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-30230]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 63
    
    [AD-FRL-6478-6]
    RIN 2060-AI53
    
    
    National Emission Standards for Hazardous Air Pollutants: Generic 
    Maximum Achievable Control Technology (Generic MACT); Process 
    Wastewater Provisions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule; amendments.
    
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    SUMMARY: On June 29, 1999 (64 FR 34854), we promulgated a consolidated 
    rulemaking that included standards for four specific source categories 
    (i.e., acetal resins (AR), acrylic and modacrylic fiber (AMF), hydrogen 
    fluoride (HF) and polycarbonate (PC) production), and general control 
    requirements for certain types of emission points for hazardous air 
    pollutants (HAP).
        At the time of promulgation of the consolidated rulemaking, we 
    deferred taking final action regarding provisions applicable to 
    wastewater streams for the AR, AMF, and PC production source categories 
    based on a need to propose significant changes to the wastewater 
    provisions that were proposed on October 14, 1998 (63 FR 55178). The HF 
    production source category does not have wastewater streams. In 
    parallel with the promulgated consolidated rulemaking package, we 
    published a supplemental notice of proposed rulemaking regarding 
    wastewater provisions (64 FR 34950) applicable to wastewater streams 
    for the AR, AMF, and PC production source categories and reopened the 
    public comment period regarding those proposed wastewater provisions.
        Today's action promulgates wastewater provisions amendments 
    applicable to wastewater streams for the AR, AMF, and PC production 
    source categories based on our response to comments received on the 
    wastewater provisions proposed on June 29, 1999 (64 FR 34950).
    
    EFFECTIVE DATE: November 22, 1999.
    
    ADDRESSES: Docket No. A-97-17 contains supporting information used in 
    developing the standards. The docket is located at the U.S. 
    Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460 
    in room M-1500, Waterside Mall (ground floor), and may be inspected 
    from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal 
    holidays.
    
    FOR FURTHER INFORMATION CONTACT: For information concerning the final 
    wastewater provision amendments, contact David W. Markwordt at the 
    Emission Standards Division (MD-13), U.S. Environmental Protection 
    Agency, Research Triangle Park, North Carolina 27711; telephone number 
    (919) 541-0837, facsimile (919) 541-0942, e-mail address 
    markwordt.david@epa.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Docket
    
        The docket is an organized and complete file of all the information 
    considered by the EPA in the development of this rulemaking. The docket 
    is a dynamic file because material is added throughout the rulemaking 
    process. The docketing system is intended to allow members of the 
    public and industries involved to readily identify and locate documents 
    so that they can effectively participate in the rulemaking process. 
    Along with the proposed and promulgated standards and their preambles, 
    the contents of the docket will serve as the record in the case of 
    judicial review. (See section 307(d)(7)(A) of the Clean Air Act (Act).) 
    The regulatory text and other materials related to this rulemaking are 
    available for review in the docket or copies may be mailed on request 
    from the Air Docket by calling (202) 260-7548. A reasonable fee may be 
    charged for copying docket materials.
    
    Technical Support Document.
    
        The wastewater amendments promulgated today are supported by a 
    supplementary information memorandum that contains a summary of the 
    public comments received on the proposed wastewater provision 
    amendments and our response to those comments. This memorandum may be 
    obtained from the docket for this rule, A-97-17 (see Docket). The title 
    of the memorandum is ``Generic Maximum Achievable Control Technology--
    Supplementary Information for Acetal Resins, Acrylic and Modacrylic 
    Fiber, and Polycarbonate Production Wastewater Provisions.'' The 
    Supplementary Notice of Proposed Rulemaking (SNPR), the promulgated 
    regulatory text, and supporting documentation are available in Docket 
    No. A-97-17 or by request from our Air and Radiation Docket and 
    Information Center (see ADDRESSES).
    
    Technology Transfer Network
    
        In addition to being available in the docket, an electronic copy of 
    today's amendments is also available through the Technology Transfer 
    Network (TTN). Following signature, a copy of the rule will be posted 
    on the TTN's policy and guidance page for newly proposed or promulgated 
    rules http://www.epa.gov/ttn/oarpg. The TTN provides information and 
    technology exchange in various areas of air pollution control. If more 
    information regarding the TTN is needed, call the TTN HELP line at 
    (919) 541-5384.
    
    Plain Language
    
        In compliance with President Clinton's June 1, 1998 Executive 
    Memorandum on Plain Language in government writing, this preamble is 
    written using plain language. Thus, the use of ``we'' in this notice 
    refers to the EPA. The use of ``you'' refers to the reader, and may 
    include industry; State, local, and tribal governments; environmental 
    groups; and other interested individuals.
    
    Regulated Entities
    
        Entities potentially regulated are those that produce AR, AMF, and 
    PC and are major sources of HAP as defined in section 112 of the Act. 
    Regulated categories and entities include:
    
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                 Category                       Regulated entities a
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    Industry..........................  Producers of homopolymers and/or
                                         copolymers of alternating
                                         oxymethylene units.
                                        Producers of either acrylic fiber or
                                         modacrylic fiber synthetics
                                         composed of acrylonitrile (AN)
                                         units.
    
    [[Page 63696]]
    
     
                                        Producers of polycarbonate.
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    a 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 your facility, company, business, organization, etc., is
      regulated by this action, you should carefully examine the
      applicability criteria in Sec.  63.1104(a)(1), (b)(1), (c)(1), and
      (d)(1) of the rule. 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.
    
        Judicial review. Under section 307(b)(1) of the Act, judicial 
    review of these final wastewater provision amendments is available only 
    by filing a petition for review in the United States Court of Appeals 
    for the District of Columbia Circuit by January 21, 2000. Under section 
    307(d)(7)(B) of the Act, only an objection to these wastewater 
    provisions amendments which was raised with reasonable specificity 
    during the period for public comment can be raised during judicial 
    review. Moreover, under section 307(b)(2) of the Act, the requirements 
    established by today's final action may not be challenged separately in 
    any civil or criminal proceeding we bring to enforce these 
    requirements.
    
    I. What Is the Background for These Wastewater Provision 
    Amendments?
    
        On June 29, 1999 (64 FR 34854), we promulgated a consolidated 
    rulemaking that included generic MACT standards under section 112 of 
    the Act for certain small source categories consisting of five or fewer 
    sources. At that time, we proposed amendments to the provisions 
    applicable to wastewater and certain liquid streams in open systems and 
    deferred taking final action on those provisions until now. Today's 
    action finalizes these amendments based on comments received on the 
    proposed amendments and our response to those comments.
    
    II. Compliance Dates
    
        The compliance dates for the standards promulgated on June 29, 1999 
    (64 FR 34854) for the AR, AMF, and PC production source categories are 
    July 1, 2002 for existing sources and upon startup after June 29, 1999 
    for new sources. Additional compliance time is not warranted for 
    existing sources, and there have not been any new AR, AMF, and PC 
    production facilities that would warrant specifying a different 
    compliance date for new sources. Therefore, although we deferred action 
    on the wastewater provisions for the AR, AMF, and PC production source 
    categories, the dates for compliance with the wastewater provisions 
    adopted by this action will be the same as for the other provisions we 
    previously promulgated on June 29, 1999.
    
    III. Comments Received on the Proposed Wastewater Provisions 
    Amendments
    
        We received no major comments on the wastewater provisions 
    amendments proposed on June 29, 1999 (64 FR 34950). We have made 
    limited clarifying changes and some editorial changes in response to 
    comments received. Clarifying changes include (1) amending 40 CFR part 
    63, subpart YY by replacing the term ``chemical manufacturing process 
    unit'' and ``CMPU'' with the phrase ``a process unit whose primary 
    product is a product produced by a source category subject to this 
    subpart''; (2) amending 40 CFR part 63, subpart YY applicability tables 
    for process wastewater requirements to reflect that both Group 1 and 
    Group 2 wastewater streams are subject to requirements under 
    Sec. 63.1106(a); and (3) amending 40 CFR part 63, subpart YY to clarify 
    that when a source subject to this subpart is colocated with a 
    Synthetic Organic Chemical Manufacturing Industry (SOCMI) source, and a 
    single wastewater treatment facility treats similar wastewaters from 
    both sources, a certification by the treatment facility that they will 
    manage and treat the waste in conformity with the specific control 
    requirements set forth in 40 CFR 63.133 through 63.147 will also be 
    deemed sufficient to satisfy the certification requirements for the 
    generic MACT wastewater provisions.
        A supplementary information memorandum that contains a summary of 
    the public comments received on the proposed wastewater provisions 
    amendments and our response to those comments may be obtained from the 
    docket for this rule, A-97-17 (see Docket).
    
    IV. Summary of Final Wastewater Provisions Amendments
    
        The final wastewater provisions amendments incorporate and cross-
    reference wastewater provisions of the HON for the AR, AMF, and PC 
    production source categories. These final amendments respond to 
    comments received on the proposed wastewater provisions published on 
    October 14, 1998 (63 FR 55178), and the proposed amendments to those 
    provisions published on June 29, 1999 (64 FR 34950). In addition, these 
    final amendments reflect our original intent regarding ``point of 
    determination'' measurements and ``treatment and destruction'' 
    requirements for process wastewater, and that requirements for 
    maintenance wastewater and liquid streams in open systems be included.
        The final amendments for process wastewater, maintenance 
    wastewater, and liquid streams in open systems within the regulated 
    process unit directly refer to HON wastewater requirements. For process 
    wastewater, you are required to make a group determination for each 
    wastewater stream based on flow rate and organic HAP concentration. If 
    a process wastewater stream is determined to be Group 1, you must 
    comply with specific requirements for waste management units to 
    suppress emissions, and requirements to treat the wastewater streams to 
    reduce the organic HAP concentration. The suppression requirements in 
    the referenced sections of the HON are equivalent in stringency to the 
    wastewater requirements that were initially proposed on October 14, 
    1998 (63 FR 55178) for most emissions points associated with wastewater 
    streams.
        The maintenance wastewater provisions require, for each maintenance 
    wastewater stream that contains organic HAP, that you develop and 
    follow procedures to manage wastewaters generated during maintenance 
    activities so that emissions are minimized. The provisions for liquid 
    streams in open systems apply to drain or drain hubs, manholes, lift 
    stations, trenches, pipes, oil/water separators, and tanks within the 
    regulated process unit, and require that you implement specific 
    emission reduction techniques for each type of equipment.
    
    V. Summary of Impacts
    
        We estimate that the impacts for air emissions will be negligible 
    because AR, AMF, and PC production affected sources that will be 
    subject to these requirements are already well controlled. Similarly, 
    water pollution and solid waste, and increases in energy use resulting 
    from the use of control devices will be negligible. Based on
    
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    previous impacts analyses associated with the application of the 
    control and recovery devices required under the standards and because 
    each of the three subject source categories have only five or fewer 
    major sources, we believe that there will be minimal, if any, adverse 
    environmental or energy impacts associated with the final amendments.
        Likewise, based on available information, we estimate that the cost 
    and economic impacts of the final wastewater provisions amendments for 
    the three source categories being regulated will be insignificant or 
    minimal. The economic analyses for each of the three source categories 
    can be obtained from the docket (see Docket).
    
    VI. Administrative Requirements
    
    A. Paperwork Reduction Act
    
        The information collection requirements associated with these 
    wastewater provisions amendments do not add to the promulgated rule 
    information collection requirements. The information collection 
    requirements of the promulgated rule for the generic MACT standards 
    were submitted for approval to the Office of Management and Budget 
    (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. Under 
    the promulgated rule, we prepared an Information Collection Request 
    (ICR) document (ICR No. 1750.01) and a copy may be obtained from Sandy 
    Farmer, OPPE Regulatory Information Division, U.S. Environmental 
    Protection Agency (2137), 401 M Street, SW, Washington, DC 20460, or by 
    calling (202) 260-2740. We 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 our regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. 
    The OMB approved the information collection requirements for the AR, 
    AMF, and PC production source categories and assigned the OMB control 
    number 2060-0420 to the ICR. This approval expires September 30, 2002.
    
    B. Executive Order 12866
    
        Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
    determine whether a regulatory action is ``significant'' and therefore 
    subject to OMB review and the requirements of the Executive Order. The 
    Order defines ``significant regulatory action'' as one that is likely 
    to result in a rule that may:
        (1) Have an annual effect on the economy of $100 million or more or 
    adversely affect in a material way the economy, a sector of the 
    economy, productivity, competition, jobs, the environment, public 
    health or safety, 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 entitlements, grants, 
    user fees, or loan programs or the rights and obligations of recipients 
    thereof; or
        (4) Raise novel legal or policy issues arising out of legal 
    mandates, the President's priorities, or the principles set forth in 
    the Executive Order.
        The final wastewater provisions amendments for AR, AMF, and PC 
    production do not constitute a ``significant regulatory action'' as 
    defined under Executive Order 12866, and therefore, are not subject to 
    review by OMB.
    
    C. Executive Order 13132 (Federalism)
    
        Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
    10, 1999), requires EPA to develop an accountable process to ensure 
    ``meaningful and timely input by State and local officials in the 
    development of regulatory policies that have federalism implications.'' 
    ``Policies that have federalism implications'' is defined in the 
    Executive Order to include regulations that have ``substantial direct 
    effects on the States, on the relationship between the national 
    government and the States, or on the distribution of power and 
    responsibilities among the various levels of government.'' Under 
    Executive Order 13132, EPA may not issue a regulation that has 
    federalism implications, that imposes substantial direct compliance 
    costs, and that is not required by statute, unless the Federal 
    government provides the funds necessary to pay the direct compliance 
    costs incurred by State and local governments, or EPA consults with 
    State and local officials early in the process of developing the 
    proposed regulation. EPA also may not issue a regulation that has 
    federalism implications and that preempts State law unless the Agency 
    consults with State and local officials early in the process of 
    developing the proposed regulation.
        If EPA complies by consulting, Executive Order 13132 requires EPA 
    to provide to the Office of Management and Budget (OMB), in a 
    separately identified section of the preamble to the rule, a federalism 
    summary impact statement (FSIS). The FSIS must include a description of 
    the extent of EPA's prior consultation with State and local officials, 
    a summary of the nature of their concerns and the agency's position 
    supporting the need to issue the regulation, and a statement of the 
    extent to which the concerns of State and local officials have been 
    met. Also, when EPA transmits a draft final rule with federalism 
    implications to OMB for review pursuant to Executive Order 12866, EPA 
    must include a certification from the agency's Federalism Official 
    stating that EPA has met the requirements of Executive Order 13132 in a 
    meaningful and timely manner.
        This final rule will not have substantial direct effects on the 
    States, on the relationship between the national government and the 
    States, or on the distribution of power and responsibilities among the 
    various levels of government, as specified in Executive Order 13132. 
    This rule has minimal direct affects on the 9 plants which are impacted 
    by this rule. This rule has even less impacts on States within which 
    the plants reside. Thus,the requirements of section 6 of the Executive 
    Order do not apply to this rule.
    
    D. Regulatory Flexibility Act/Small Business Regulatory Enforcement 
    Fairness Act of 1996
    
        Under the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, 
    et seq.), as amended by the Small Business Regulatory Enforcement 
    Fairness Act of 1996 (SBREFA), we are required to give special 
    consideration to the effect of Federal regulations on small entities 
    and to consider regulatory options that might mitigate any such 
    impacts.
        Today's action is not subject to the requirements of the RFA as 
    modified by SBREFA because it does not impose any regulatory 
    requirements on small entities.
    
    E. Unfunded Mandates Reform Act
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995 
    (Unfunded Mandates Act), we must prepare a budgetary impact statement 
    to accompany any proposed or final rule that includes a Federal mandate 
    that may result in estimated costs to State, local, or tribal 
    governments in the aggregate, or to the private sector, of $100 million 
    or more in any 1 year. Under section 203, we are required to establish 
    a plan for obtaining input from and informing, educating, and advising 
    any small governments that may be significantly or uniquely affected by 
    the rule. Under section 205 of UMRA, we must identify and consider a 
    reasonable number of regulatory alternatives before promulgating a rule 
    for which a budgetary impact statement must be prepared. We are 
    required to select the
    
    [[Page 63698]]
    
    least burdensome alternative for State, local, and tribal governments 
    and the private sector that achieves the objectives of the rule, unless 
    we explain why this alternative is not selected or unless the selection 
    of this alternative is inconsistent with law.
        Because the promulgated rule and these final amendments to the rule 
    do not include a Federal mandate and are estimated to result in 
    expenditures less than $100 million in any 1 year by State, local, and 
    tribal governments, we have not prepared a budgetary impact statement 
    or specifically addressed the selection of the least costly, most cost-
    effective, or least burdensome alternative. In addition, because small 
    governments would not be significantly or uniquely affected by this 
    rule, we are not required to develop a plan with regard to small 
    governments. Therefore, the requirements of the UMRA do not apply to 
    this action.
    
    F. National Technology Transfer and Advancement Act
    
        Under section 12(d) of the National Technology Transfer and 
    Advancement Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 
    U.S.C. 272 note), we are directed to use voluntary consensus standards 
    instead of government-unique standards in our regulatory activities 
    unless to do so would be inconsistent with applicable law or otherwise 
    impractical. By doing so, the Act is intended to reduce the cost to the 
    private and public sectors.
        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. We are required by the NTTAA to provide Congress, 
    through OMB, explanations when we decide not to use available and 
    applicable voluntary consensus standards.
        As part of a larger effort, we are undertaking a project to cross-
    reference existing voluntary consensus standards on testing, sampling, 
    and analysis, with current and future EPA test methods. When completed, 
    this project will assist us in identifying potentially-applicable 
    voluntary consensus standards that can then be evaluated for 
    equivalency and applicability in determining compliance with future 
    regulations.
        This action does not involve the promulgation of any new technical 
    standards. It does, however, cross-reference existing technical 
    standards, including government-unique technical standards that have 
    been proposed and promulgated under other rulemakings for similar 
    source control applicability and compliance determinations, therefore 
    section 12(d) does not apply.
    
    G. 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 we determine (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, we 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 we considered.
        This amendatory action is not subject to Executive Order 13045 
    because it does not constitute an economically significant regulatory 
    action as defined by Executive Order 12866 and because it does not 
    establish an environmental standard intended to mitigate health or 
    safety risks.
    
    H. Executive Order 13084
    
        Under Executive Order 13084, we 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 
    cost incurred by the tribal governments, or we consult with those 
    governments. If we comply by consulting, we are required to provide to 
    OMB, in a separately identified section of the preamble to the rule, a 
    description of the extent of our 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, we are required to develop an effective 
    process permitting elected officials 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 amendments implement requirements specifically set forth by 
    Congress in section 112 of the Act without the exercise of any 
    discretion by us. Accordingly, the requirements of section 3(b) of 
    Executive Order 13084 do not apply to this rule.
    
    I. Congressional Review Act
    
        Under the Small Business Regulatory Enforcement Fairness Act of 
    1996, we submitted a report containing these final amendments and other 
    required information to the U.S. Senate, the U.S. House of 
    Representatives, and the Comptroller General of the General Accounting 
    Office prior to publication of these final amendments in the Federal 
    Register. This is not a ``major rule'' as defined by the Small Business 
    Regulatory Enforcement Fairness Act.
    
    List of Subjects in 40 CFR Part 63
    
        Environmental protection, Acetal resins production, Acrylic and 
    modacrylic fiber production, Air emissions control, Hazardous air 
    pollutants, Polycarbonates production, Process wastewater streams, 
    Wastewater.
    
        Dated: November 15, 1999.
    Carol M. Browner,
    Administrator.
    
        For the reasons set out in the preamble, title 40, chapter I, part 
    63 of the Code of Federal Regulations is amended as follows:
    
    PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
    FOR SOURCE CATEGORIES
    
        1. The authority citation for part 63 continues to read as follows:
    
        Authority: 42 U.S.C. 7401 et seq.
    
    Subpart YY--National Emission Standards for Hazardous Air 
    Pollutants for Source Categories: Generic Maximum Achievable 
    Control Technology Standards
    
        2. Section 63.1100 is amended by adding paragraph (g)(5) as 
    follows:
    
    
    Sec. 63.1100  Applicability.
    
    * * * * *
        (g) * * *
        (5) Overlap of subpart YY with other regulations for wastewater. 
    (i) After the compliance dates specified in Sec. 63.1102 for an 
    affected source subject to this subpart, a wastewater stream that is 
    subject to the wastewater requirements of this subpart and the 
    wastewater requirements of subparts F, G, and H of this part 
    (collectively known as the ``HON'') shall be deemed to be in compliance 
    with the requirements of this subpart if it complies with either set of 
    requirements. In any instance where a source subject to this subpart is 
    colocated with a Synthetic Organic Chemical Manufacturing Industry 
    (SOCMI) source, and a single wastewater treatment facility treats both
    
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    Group 1 wastewaters and wastewater residuals from the source subject to 
    this subpart and wastewaters from the SOCMI source, a certification by 
    the treatment facility that they will manage and treat the waste in 
    conformity with the specific control requirements set forth in 40 CFR 
    63.133 through 63.147 will also be deemed sufficient to satisfy the 
    certification requirements for wastewater treatment under this subpart.
        (ii) After the compliance dates specified in Sec. 63.1102 for an 
    affected source subject to this subpart, a wastewater stream that is 
    subject to control requirements in the Benzene Waste NESHAP (subpart FF 
    of part 61 of this chapter) and this subpart is required to comply with 
    both rules.
        3. Section 63.1101 is amended by adding definitions in alphabetical 
    order to read as follows:
    
    
    Sec. 63.1101  Definitions.
    
    * * * * *
        Annual average concentration, as used in the wastewater provisions, 
    means the flow-weighted annual average concentration, as determined 
    according to the procedures specified in Sec. 63.144(b).
        Annual average flow rate, as used in the wastewater provisions, 
    means the annual average flow rate, as determined according to the 
    procedures specified in Sec. 63.144(c).
    * * * * *
        Group 1 wastewater stream means a process wastewater stream at an 
    existing or new source that meets the criteria for Group 1 status in 
    Sec. 63.132(c).
        Group 2 wastewater stream means a process wastewater stream that 
    does not meet the definition of a Group 1 wastewater stream.
    * * * * *
        Maintenance wastewater means wastewater generated by the draining 
    of process fluid from components in the process unit, whose primary 
    product is a product produced by a source category subject to this 
    subpart, into an individual drain system prior to or during maintenance 
    activities. Maintenance wastewater can be generated during planned and 
    unplanned shutdowns and during periods not associated with a shutdown. 
    Examples of activities that can generate maintenance wastewaters 
    include descaling of heat exchanger tubing bundles, cleaning of 
    distillation column traps, draining of low legs and high point bleeds, 
    draining of pumps into an individual drain system, and draining of 
    portions of the process unit, whose primary product is a product 
    produced by a source category subject to this subpart, for repair.
    * * * * *
        Oil-water separator or organic-water separator means a waste 
    management unit, generally a tank used to separate oil or organics from 
    water. An oil-water or organic-water separator consists of not only the 
    separation unit but also the forebay and other separator basins, 
    skimmers, weirs, grit chambers, sludge hoppers, and bar screens that 
    are located directly after the individual drain system and prior to 
    additional waste management units such as an air flotation unit, 
    clarifier, or biological treatment unit. Examples of an oil-water or 
    organic-water separator include, but are not limited to, an American 
    Petroleum Institute separator, parallel-plate interceptor, and 
    corrugated-plate interceptor with the associated ancillary equipment.
    * * * * *
        Point of determination means each point where process wastewater 
    exits the process unit, whose primary product is a product produced by 
    a source category subject to this subpart.
    
        Note to definition for point of determination: The regulation 
    allows determination of the characteristics of a wastewater stream 
    at the point of determination or downstream of the point of 
    determination if corrections are made for changes in flow rate and 
    annual average concentration of Table 9 compounds (as defined under 
    this subpart) as determined in Sec. 63.144. Such changes include 
    losses by air emissions, reduction of annual average concentration 
    or changes in flow rate by mixing with other water or wastewater 
    streams, and reduction in flow rate or annual average concentration 
    by treating or otherwise handling the wastewater stream to remove or 
    destroy hazardous air pollutants.
    * * * * *
        Process wastewater means wastewater which, during manufacturing or 
    processing, comes into direct contact with or results from the 
    production or use of any raw material, intermediate product, finished 
    product, by-product, or waste product. Examples are product tank 
    drawdown or feed tank drawdown, water formed during a chemical reaction 
    or used as a reactant, water used to wash impurities from organic 
    products or reactants, equipment washes between batches in a batch 
    process, water used to cool or quench organic vapor streams through 
    direct contact, and condensed steam from jet ejector systems pulling 
    vacuum on vessels containing organics.
        Process wastewater stream means a stream that contains process 
    wastewater.
    * * * * *
        Table 9 compounds means compounds listed in Table 9 of subpart G of 
    this part.
    * * * * *
        Wastewater is either a process wastewater or a maintenance 
    wastewater and means water that:
        (1) Contains either:
        (i) An annual average concentration of Table 9 compounds (as 
    defined under this subpart) of at least 5 parts per million by weight 
    at the point of determination and has an annual average flow rate of 
    0.02 liter per minute or greater, or
        (ii) An annual average concentration of Table 9 compounds (as 
    defined under this subpart) of at least 10,000 parts per million by 
    weight at the point of determination at any flow rate, and that
        (2) Is discarded from a process unit, whose primary product is a 
    product produced by a source category subject to this subpart.
        Wastewater stream means a stream that contains wastewater.
    * * * * *
        4. Section 63.1103 is amended by:
        a. Adding entries 6, 7, and 8 in table 1 of paragraph (a)(3);
        b. Adding entries 8, 9, and 10 in table 2 of paragraph (b)(3)(i);
        c. Adding entries 7, 8, and 9 in table 5 of paragraph (d)(3); and
        d. Adding entries 6, 7, and 8 in table 6 of paragraph (d)(3) as 
    follows:
    
    
    Sec. 63.1103  Source category-specific applicability, definitions, and 
    requirements.
    
    * * * * *
        (a) * * *
        (3) * * *
    
    Table 1. to Sec.  63.1103.--What Are My Requirements If I Own or Operate
          an Acetal Resins Production Existing or New Affected Source?
    ------------------------------------------------------------------------
     If you own or operate * * *      And if * * *       Then you must * * *
    ------------------------------------------------------------------------
     
    
    [[Page 63700]]
    
     
    *                  *                  *                  *
                      *                  *                  *
    6. An acetal resins           The process           Comply with the
     production process unit       wastewater stream     requirements of
     that generates process        is a Group 1 or       Sec.  63.1106(a).
     wastewater.                   Group 2 wastewater
                                   stream.
    7. An acetal resins           The maintenance       Comply with the
     production process unit       wastewater contains   requirements of
     that generates maintenance    organic HAP.          Sec.  63.1106(b).
     wastewater.
    8. An item of equipment       The item of           Comply with the
     listed in Sec.                equipment meets the   requirements in
     63.1106(c)(1).                criteria specified    Table 35 of subpart
                                   in Sec.               G of this part.
                                   63.1106(c)(1)
                                   through (3) and
                                   either (c)(4)(i) or
                                   (ii).
    ------------------------------------------------------------------------
    
    * * * * *
        (b) * * *
        (3) * * *
        (i) * * *
    
    Table 2. to Sec.  63.1103.--What Are My Requirements If I Own or Operate
       an Acrylic and Modacrylic Fiber Production Existing or New Affected
        Source and Am Complying With Paragraph (b)(3)(i) of This Section?
    ------------------------------------------------------------------------
     If you own or operate * * *      And if  * * *      Then you must * * *
    ------------------------------------------------------------------------
     
    *                  *                  *                  *
                      *                  *                  *
    8. An acrylic and modacrylic  The process           Comply with the
     fiber production process      wastewater stream     requirements of
     unit that generates process   is a Group 1 or       Sec.  63.1106(a).
     wastewater.                   Group 2 wastewater
                                   stream.
    9. An acrylic and modacrylic  The maintenance       Comply with the
     fiber production process      wastewater contains   requirements of
     unit that generates           organic HAP.          Sec.  63.1106(b).
     maintenance wastewater.
    10. An item of equipment      The item of           Comply with the
     listed in Sec.                equipment meets the   requirements in
     63.1106(c)(1).                criteria specified    Table 35 of subpart
                                   in Sec.               G of this part.
                                   63.1106(c)(1)
                                   through (3) and
                                   either (c)(4)(i) or
                                   (ii).
    ------------------------------------------------------------------------
    
    * * * * *
        (d) * * *
        (3) * * *
    
    Table 5. to Sec.  63.1103.--What Are My Requirements If I Own or Operate
              a Polycarbonate Production Existing Affected Source?
    ------------------------------------------------------------------------
     If you own or operate * * *      And if * * *       Then you must * * *
    ------------------------------------------------------------------------
     
    *                  *                  *                  *
                      *                  *                  *
    7. A polycarbonate            The process           Comply with the
     production process unit       wastewater stream     requirements of
     that generates process        is a Group 1 or a     Sec.  63.1106(a).
     wastewater.                   Group 2 wastewater
                                   stream.
    8. A polycarbonate            The maintenance       Comply with the
     production process unit       wastewater contains   requirements of
     that generates maintenance    organic HAP.          Sec.  63.1106(b).
     wastewater.
    9. An item of equipment       The item of           Comply with the
     listed in Sec.                equipment meets the   requirements in
     63.1106(c)(1).                criteria specified    Table 35 of subpart
                                   in Sec.               G of this part.
                                   63.1106(c)(1)
                                   through (3) and
                                   either (c)(4)(i) or
                                   (ii).
    ------------------------------------------------------------------------
    
    * * * * *
    
    Table 6. to Sec.  63.1103.--What Are My Requirements if I Own or Operate
                 a Polycarbonate Production New Affected Source?
    ------------------------------------------------------------------------
     If you own or operate  * *       And if * * *       Then you must * * *
    ------------------------------------------------------------------------
     
    *                  *                  *                  *
                      *                  *                  *
    6. A polycarbonate            The process           Comply with the
     production process unit       wastewater stream     requirements of
     that generates process        is a Group 1 or a     Sec.  63.1106(a).
     wastewater.                   Group 2 wastewater
                                   stream.
    7. A polycarbonate            The maintenance       Comply with the
     production process unit       wastewater contains   requirements of
     that generates maintenance    organic HAP.          Sec.  63.1106(b).
     wastewater.
    8. An item of equipment       The item of           Comply with the
     listed in Sec.                equipment meets the   requirements in
     63.1106(c)(1).                criteria specified    Table 35 of subpart
                                   in Sec.               G of this part.
                                   63.1106(c)(1)
                                   through (3) and
                                   either (c)(4)(i) or
                                   (ii).
    ------------------------------------------------------------------------
    
    
    [[Page 63701]]
    
    * * * * *
        5. Section 63.1106 is added to subpart YY to read as follows:
    
    
    Sec. 63.1106  Wastewater provisions.
    
        (a) Process wastewater. Except as specified in paragraphs (a)(1) 
    through (a)(16) and paragraph (d) of this section, the owner or 
    operator of each affected source shall comply with the HON process 
    wastewater requirements in Secs. 63.132 through 63.148.
        (1) When terms used in Secs. 63.132 through 63.148 are defined in 
    Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the 
    purposes of this subpart. For terms used in Secs. 63.132 through 63.148 
    that are not defined in Sec. 63.1101, the definitions in Sec. 63.101 
    and Sec. 63.111 shall apply.
        (2) When the term chemical manufacturing production process unit, 
    or CMPU, is used in Secs. 63.132 through 63.148, the phrase ``a process 
    unit whose primary product is a product produced by a source category 
    subject to this subpart'' shall apply, for the purposes of this 
    subpart.
        (3) Owners and operators of affected sources are not required to 
    comply with Sec. 63.132(b)(1) and (d) and Sec. 63.138(c). Further, 
    owners and operators are exempt from all requirements in Secs. 63.132 
    through 63.148 that pertain solely and exclusively to organic HAP 
    listed in Table 8 of subpart G of this part.
        (4) When the determination of equivalence criteria in 
    Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the 
    alternative nonopacity emission standard provisions in Sec. 63.6(g) 
    shall apply, for the purposes of this subpart.
        (5) When the HON storage vessel requirements for internal floating 
    roofs contained in Sec. 63.119(b) are referred to in 
    Sec. 63.133(a)(2)(ii), the requirements in Sec. 63.1063(a)(1)(i), (2), 
    and (b) shall apply, for the purposes of this subpart.
        (6) When the HON storage vessel requirements for external floating 
    roofs in Sec. 63.119(c) and Sec. 63.120(b)(5) and (6) are referred to 
    in Sec. 63.133(a)(2)(iii) and (d), the requirements in 
    Sec. 63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of 
    this subpart.
        (7) For the purposes of this subpart, Sec. 63.1063(c)(2)(iv) shall 
    apply instead of Sec. 63.133(e).
        (8) When Sec. 63.143(c), (d), (e)(3) and Sec. 63.146(a) require the 
    submission of a request for approval to monitor alternative parameters 
    according to the procedures specified in Sec. 63.151(f) or (g), the 
    owner or operator requesting to monitor alternative parameters shall 
    follow the procedures specified in Sec. 63.1108(c) or as specified in a 
    referenced subpart.
        (9) When Sec. 63.147(d) requires the owner or operator to keep 
    records of the daily average value of each continuously monitored 
    parameter for each operating day as specified in Sec. 63.152(f), the 
    owner or operator shall keep records of each continuously monitored 
    parameter for each operating day as specified in Sec. 63.998(b).
        (10) When Sec. 63.132(a) and (b) refer to the ``applicable dates 
    specified in Sec. 63.100 of subpart F of this part,'' the applicable 
    compliance dates specified in Sec. 63.1102 shall apply, for purposes of 
    this subpart.
        (11) Where Sec. 63.152(b) and/or the Notification of Compliance 
    Status is referred to in Secs. 63.132 through 63.148, the Notification 
    of Compliance Status requirements contained in Sec. 63.1110(a)(3) shall 
    apply, for purposes of this subpart.
        (12) Where Sec. 63.152(c) and/or the Periodic Report requirements 
    are referred to Secs. 63.132 through 63.148, the Periodic Report 
    requirements contained in Sec. 63.1110(a)(4) shall apply, for purposes 
    of this subpart.
        (13) When Method 18 of appendix A to part 60 of this chapter is 
    specified in Sec. 63.139(e)(1)(ii), Sec. 63.145(d)(4), or 
    Sec. 63.145(i)(2), either Method 18 or Method 25A may be used. The use 
    of Method 25A of appendix A to part 60 of this chapter shall comply 
    with paragraphs (a)(13)(i) and (a)(13)(ii) of this section.
        (i) The organic HAP used as the calibration gas for Method 25A of 
    appendix A of part 60 of this chapter shall be the single organic HAP 
    representing the largest percent by volume of the emissions.
        (ii) The use of Method 25A of appendix A of part 60 of this chapter 
    is acceptable if the response from the high-level calibration gas is at 
    least 20 times the standard deviation of the response from the zero 
    calibration gas when the instrument is zeroed on the most sensitive 
    scale.
        (14) When the HON recordkeeping requirements for by-pass lines in 
    Sec. 63.118(a)(3) is referred to in Sec. 63.148(f), the requirements in 
    Sec. 63.998(d)(1)(ii)(A) shall apply, for the purposes of this subpart.
        (15) When the Initial Notification requirements in Sec. 63.182(b) 
    are referred to in Sec. 63.148(j), the requirements in Sec. 63.1110(c) 
    shall apply, for the purposes of this subpart.
        (16) For the purposes of this subpart, Sec. 63.148(k) shall not 
    apply.
        (b) Maintenance wastewater. The owner or operator of each affected 
    source shall comply with the HON maintenance wastewater requirements in 
    Sec. 63.105. When terms used in Sec. 63.105 are defined in 
    Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the 
    purpose of this subpart. For terms used in Sec. 63.105 that are not 
    defined in Sec. 63.1101, the definitions in Sec. 63.101 and Sec. 63.111 
    shall apply.
        (c) Liquid streams in open systems. The owner or operator shall 
    comply with the provisions of Table 35 of subpart G of this part for 
    each item of equipment meeting the criteria specified in paragraphs 
    (c)(1) through (3) of this section and either paragraph (c)(4)(i) or 
    (ii) of this section, with the exceptions provided in paragraphs (c)(5) 
    and (6) of this section.
        (1) The item of equipment is one of the types of equipment 
    identified in paragraphs (c)(1)(i) through (vii) of this section.
        (i) Drain or drain hub;
        (ii) Manhole (including sumps and other points of access to a 
    conveyance system);
        (iii) Lift station;
        (iv) Trench;
        (v) Pipe;
        (vi) Oil/water separator; and
        (vii) Tanks with capacities of 38 m3 or greater.
        (2) The item of equipment is part of an affected source that is 
    subject to this subpart.
        (3) The item of equipment is controlled less stringently than in 
    Table 35 of subpart G of this part, and the item of equipment is not 
    otherwise exempt from the provisions of this subpart, or a referenced 
    subpart.
        (4) The item of equipment:
        (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or 
    oil/water separator that conveys water with a total annual average 
    concentration greater than or equal to 10,000 parts per million by 
    weight of Table 9 compounds (as defined under this subpart) at any flow 
    rate; or a total annual average concentration greater than or equal to 
    1,000 parts per million by weight of Table 9 compounds (as defined 
    under this subpart) at an annual average flow rate greater than or 
    equal to 10 liters per minute.
        (ii) Is a tank that receives one or more streams that contain water 
    with a total annual average concentration greater than or equal to 
    1,000 parts per million by weight of Table 9 compounds (as defined 
    under this subpart) at an annual average flow rate greater than or 
    equal to 10 liters per minute. The owner or operator shall determine 
    the characteristics of the stream as specified in paragraphs 
    (c)(4)(ii)(A) and (B) of this section.
    
    [[Page 63702]]
    
        (A) The characteristics of the stream being received shall be 
    determined at the inlet to the tank.
        (B) The characteristics shall be determined according to the 
    procedures in Sec. 63.144(b) and (c).
        (5) When terms used in Table 35 of subpart G of this part are 
    defined in Sec. 63.1101, the definition in Sec. 63.1101 shall apply, 
    for the purpose of this subpart. For terms used in Table 35 of subpart 
    G of this part that are not defined in Sec. 63.1101, the definitions in 
    Sec. 63.101 and Sec. 63.111 shall apply.
        (6) When Table 35 of subpart G of this part refers to 40 CFR 
    63.119(e)(1) or (e)(2) in the requirements for tanks, the requirements 
    in Sec. 63.982(a)(1) shall apply, for purposes of this subpart.
        (d) The compliance date for the affected sources subject to the 
    provisions of this section is specified in Sec. 63.1102.
    
    [FR Doc. 99-30230 Filed 11-19-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
11/22/1999
Published:
11/22/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule; amendments.
Document Number:
99-30230
Dates:
November 22, 1999.
Pages:
63695-63702 (8 pages)
Docket Numbers:
AD-FRL-6478-6
RINs:
2060-AI53: Process Wastewater Provisions of the Generic MACT
RIN Links:
https://www.federalregister.gov/regulations/2060-AI53/process-wastewater-provisions-of-the-generic-mact
PDF File:
99-30230.pdf
CFR: (14)
40 CFR 63.1106(a)
40 CFR 63.118(a)(3)
40 CFR 63.133(a)(2)(ii)
40 CFR 63.1063(a)(1)(ii)
40 CFR 63.102(b)
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