[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25741]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5091-9]
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed amendments.
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SUMMARY: This action proposes to amend the national emission standards
for hazardous air pollutants (NESHAP) for the synthetic organic
chemical manufacturing industry, and other processes subject to the
equipment leaks rule, promulgated in the Federal Register on April 22,
1994, and on June 6, 1994. The proposal would provide for an additional
time period for owners or operators to conduct any necessary
administrative procedures to ensure that a given plant site is
designated as an area source and, hence, can be considered exempt from
the requirements of the NESHAP. During this period, compliance
requirements would be deferred so long as certain conditions were met,
and sources continue to operate at actual emission levels below the
threshold for major sources. This action is being proposed because the
compliance date for certain equipment leak requirements of the NESHAP
is approaching, and because the EPA believes in view of current
circumstances that these requirements should not be imposed on sources
that are likely to be designated as area sources in the relatively near
future.
DATES: Comments. Comments must be received on or before November 23,
1994.
Public Hearing. Anyone requesting a public hearing must contact the
EPA no later than November 23, 1994. If a hearing is held, it will take
place on December 5, 1994, beginning at 10:00 a.m.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air Docket (LE-131), Attention Docket Number A-90-19 (see
docket section below), room M1500, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460. The EPA requests that
a separate copy also be sent to the contact person listed below.
Public Hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina. Persons interested in attending the hearing or wishing
to present oral testimony should notify Ms. Theresa Adkins, U.S.
Environmental Protection Agency, Research Triangle Park, N.C. 27711,
telephone (919) 541-5645.
Docket. All information used in the development of this proposal is
contained in the preamble below. However, Dockets No. A-90-19 through
A-90-23, and A-89-10, containing the supporting information for the
original NESHAP, is available for public inspection and copying between
8:30 a.m. and 3:30 p.m., Monday through Friday, at EPA's Air Docket
Section, Waterside Mall, room M-6102, first floor, 401 M Street SW.,
Washington, DC 20460. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Tim Smith at (919) 541-4718,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:
I. Background
On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196) the
EPA promulgated in the Federal Register NESHAP for the synthetic
organic chemical manufacturing industry, 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. Today's action amends Secs. 63.100 and 63.103 of subpart F,
and Sec. 63.190 of subpart I. These sections describe the applicability
requirements of the HON. One aspect of the applicability determination,
pursuant to paragraphs 63.100(b)(3) and 63.190(b), is that the
processing unit must be ``located at a plant site that is a major
source as defined in section 112(a) of the Act.''
Section 112(a) of the Act defines a ``major source'' as ``any
stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the
potential to emit considering controls, in the aggregate, 10 tons per
year or more of any hazardous air pollutant or 25 tons per year or more
of any combination of hazardous air pollutants * * *'' (emphasis
added). Any stationary source that does not emit, or have the potential
to emit, these quantities, is defined by the Act as an ``area source.''
(see definition in subpart A, 59 FR 12408).
On March 16, 1994, the EPA promulgated, in subpart A to 40 CFR part
63 (commonly referred to as the ``general provisions'' to part 63), a
definition of ``potential to emit'' as follows:
``Potential to emit'' means the maximum capacity of a stationary
source to emit a pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of
the stationary source to emit a pollutant, including air pollution
control equipment and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed, shall be
treated as part of its design if the limitation or the effect it
would have on emissions is federally enforceable.'' (emphasis added)
A key aspect of the potential to emit definition is that
restrictions must be federally enforceable. The subpart A general
provisions define ``federally enforceable'' as follows:
``Federally enforceable'' means all limitations and conditions
that are enforceable by the Administrator and citizens under the Act
or that are enforceable under other statutes administered by the
Administrator. Examples of federally enforceable limitations and
conditions include, but are not limited to:
(1) Emission standards, alternative emission standards,
alternative emission limitations, and equivalent emission
limitations established pursuant to section 112 of the Act as
amended in 1990;
(2) New source performance standards established pursuant to
section 111 of the Act, and emission standards established pursuant
to section 112 of the Act before it was amended in 1990;
(3) All terms and conditions in a title V permit, including any
provisions that limit a source's potential to emit, unless expressly
designated as not federally enforceable;
(4) Limitations and conditions that are part of an approved
State Implementation Plan (SIP) or a Federal Implementation Plan
(FIP);
(5) Limitations and conditions that are part of a Federal
construction permit issued under 40 CFR 52.21 or any construction
permit issued under regulations approved by the EPA in accordance
with 40 CFR Part 51;
(6) Limitations and conditions that are part of an operating
permit issued pursuant to a program approved by the EPA into a SIP
as meeting the EPA's minimum criteria for Federal enforceability,
including adequate notice and opportunity for EPA and public comment
prior to issuance of the final permit and practicable
enforceability;
(7) Limitations and conditions in a State rule or program that
has been approved by the EPA under subpart E of this part for the
purposes of implementing and enforcing section 112; and
(8) Individual consent agreements that the EPA has legal
authority to create.
The EPA is in the process of clarifying, through guidance and
rulemaking, the administrative procedures that can be used by source
owners or operators to create federally enforceable restrictions on
their potential to emit. These procedures would also document when and
how existing restrictions in State and local programs can be considered
federally enforceable. Additionally, these procedures would enable
state and local agencies to gain approval for programs and rules that
can establish federally enforceable limitations on the potential to
emit hazardous air pollutants.
The EPA is aware of a number of instances of plant owners or
operators who believe that their plants are operating under
restrictions that ensure that actual emissions will be at area source
emission levels. However, for many such instances, there may be
additional administrative procedures that must be carried out to ensure
that these restrictions are federally enforceable before applicable
compliance dates. As previously noted, the Agency is in the process of
providing additional clarification on the procedures by which HAP-
emitting facilities may obtain federally enforceable limits to achieve
area source status. Pending establishment of federally enforceable
limitations on the plant site's potential to emit, owners or operators
of plants with actual emissions below the major threshold (but
potential emissions above the threshold) are required to comply with
the equipment leak standards in subpart H. In view of current
circumstances, the EPA believes that if such sources can adequately
document that they are actually emitting at area source levels, and
will commit to maintaining their actual emissions at area source levels
pending the establishment of federally enforceable limits, that such
sources should be given additional time to achieve area source status
by obtaining federally enforceable limits.
The purpose of today's rulemaking is to provide a deferral of HON
requirements for source owners or operators who wish to make such a
certification, and to establish minimum documentation requirements.
Elsewhere in today's Federal Register, EPA is announcing a 3-month
partial stay and reconsideration of the NESHAP for certain qualifying
sources, and is proposing to extend the compliance date for sources
affected by the stay in the event that additional time is needed to
complete this rulemaking.
This proposal should not be viewed as a precedent for other
categories of sources to be regulated under section 112 because it is
based on unique circumstances that exist at this time. The Agency also
wishes to stress that this proposal is strictly a compliance date
extension for certain qualifying sources and sets no precedents
regarding how or when facilities can achieve area source status.
II. Summary of and Rationale for Rule Changes
A. Deferral of Requirements for Sources Making an Area Source
Certification
The certification and documentation process would be established by
adding a new paragraph (b)(4) to Sec. 63.100, a new paragraph (f) to
Sec. 63.103, and new paragraphs (b)(7) and (b)(8) to Sec. 63.190. These
provisions: (1) would require that the owner and operator provide a
certification that the source is operating such that its total actual
annual emissions are less than 10 tons of any one HAP and less than 25
tons of multiple HAP and will continue to operate at or below this
level pending the establishment of federally enforceable limits, (2)
would require the owner or operator to maintain documentation of
specific calculations, and (3) would allow the EPA the option of
reviewing the documentation. Where, in the EPA's judgement, the source
does not qualify based upon a review of the calculations, the source
would be notified and would then become subject to the HON requirements
within 90 days.
The EPA believes that the certification and documentation process
for today's deferral should be relatively straightforward. The EPA
requests comment on the level of detail that should be required.
In addition, the EPA requests comment on how the Agency should
verify that facilities qualifying for the deferral continue to emit at
area source levels during the deferral period. Today's proposal would
require the owner or operator to provide updated emissions information
at the Agency's request. The Agency seeks comment on what additional
monitoring, recordkeeping and reporting requirements may be needed
given the purposes of today's rule, and on the frequency and level of
detail of such requirements. For example, the EPA is considering
requiring the owner or operator to submit an annual report on plantwide
emission levels of each HAP. As an alternative, EPA is considering
requiring owners and operators to re-certify annually that they qualify
for the exemption and to maintain documentation of the updated
emissions estimates used as the basis for the re-certification.
The proposed deferral would extend until April 22, 1997, that is,
the date 3 years after promulgation of the HON. This would give
facilities significant additional time to obtain federally enforceable
restrictions that limit hazardous air pollutant emissions. The Act does
not permit extension of the deadline for existing major source
compliance with the requirements of the rule beyond 3 years from the
date of promulgation. Sources for which federally enforceable
restrictions are not in place after 3 years would be subject to any
applicable requirement of the HON, including the requirements of
subpart G.
Proposed paragraphs 63.100(b)(4)(ii) and 63.190(b)(7)(ii) are
intended to clarify that sources which have federally enforceable
restrictions, such that they can be considered area sources, are not
subject to the recordkeeping requirements of the proposed amendments.
Although these regulatory passages are not essential, because only
``major sources'' are subject to the HON, the EPA believes that these
paragraphs could eliminate any possible ambiguities that could be
perceived. The EPA requests comment on these paragraphs.
The EPA believes that implementation of these procedures could be
delegated to State and local agencies.
B. Emission Calculations
The EPA does not intend for the proposal, which would require the
source owner to ``maintain documentation'' of emissions, to result in
protracted technical discussions between the source owner and the EPA.
It is important, however, to mention a few guidelines on the nature of
the proposed emission rate documentation process.
For purposes of emission calculations for organic chemical
manufacturing facilities, the proposed rule lists as examples the
equations in Sec. 63.150 of the HON and the documentation procedures in
Secs. 63.74 (c), (d) and (g) of the rule implementing the early
reductions program. These procedures are similar to the procedures in
EPA-450/3-91-012a, Procedures for Establishing Emissions for Early
Reduction Compliance Extensions, where applicable. This document
contains work sheets for providing calculations for process vents,
storage tanks, equipment leaks, loading operations, and wastewater
operations. For emission points in other source categories not
addressed by these techniques, the EPA recommends the use of EPA-
developed emission factors where available, and engineering judgement
where such factors not available.
The EPA emphasizes that it would not be sufficient for purposes of
today's proposal for sources to merely provide a copy of plantwide
totals reported to the toxic release inventory (TRI). The EPA believes
that a deferral or exemption of requirements requires documentation on
a point by-point basis of the parameters (operating characteristics and
emission controls) used to make each calculation.
In addition, the EPA wishes to emphasize that emissions from the
entire plant site must be considered, not just those potentially
affected by the HON. Today's amendment makes clear that the
demonstration must include all emission points at the contiguous
facility, including such non-HON sources as boilers, non-HON process
units such as polymers and resins production facilities, cooling
towers, and any other possible source of hazardous air pollutant
emissions from the plant.
At the same time, the EPA does not believe that the emission
documentation records need to provide precise estimates for emitting
sources that make a trivial contribution to the total. The EPA requests
comment on whether specific language could be added to the amendments
to define trivial contributors.
III. Administrative Requirements
A. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP were submitted to and approved by the Office of
Management and Budget (OMB). A copy of this Information Collection
Request (ICR) document (OMB control number 1414.02) may be obtained
from Sandy Farmer, Information Policy Branch (PM-223Y); U.S.
Environmental Protection Agency; 401 M Street, SW.; Washington, DC
20460 or by calling (202) 260-2740.
Today's changes to the NESHAP would have a minor impact on the
information collection burden estimates made previously. The EPA
estimates that there are a small number of sources (perhaps 20 to 40
plant sites) with actual emission levels that would qualify for today's
proposed amendment. For these plant sites, the EPA believes there would
typically be one or two chemical production units, and consequently the
number of calculations would be relatively low. Additionally, the
impacts would be tempered by a reduction in the burden associated with
compliance with the equipment leak provisions. As a result, the EPA
believes that any additional impacts would have an insignificant effect
on the burden estimate, within the uncertainty of the original
analysis. Therefore, the ICR has not been revised.
B. Executive Order 12866 Review
The HON rule promulgated on April 22, 1994 was considered
``significant'' under Executive Order 12866 and a regulatory impact
analysis (RIA) was prepared. The amendments proposed today would have a
very small impact on the results of the RIA. As mentioned previously,
the EPA believes that on balance the change is within the uncertainty
of the analysis. The impacts on emission reductions are also believed
to be negligible, because the impact calculations performed in the RIA
were realized based on major sources affected by the standard, and no
small sources were expected to be subject to the requirements of the
HON.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires the identification
of potentially adverse impacts of Federal regulations upon small
business entities. The Act specifically requires the completion of a
Regulatory Flexibility Analysis in those instances where small business
impacts are possible. Because this rulemaking imposes no adverse
economic impacts, a Regulatory Flexibility Analysis has not been
prepared.
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this rule will not have a significant economic impact on a
substantial number of small business entities.
List of Subjects in 40 CFR Part 63
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: October 11, 1994.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 63 of chapter I of
title 40 of the Code of Federal Regulations is proposed to be amended
as follows.
Title 40, chapter I, part 63, of the Code of Federal Regulations is
proposed to be amended to read 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, 7412, 7414, 7416, and 7601.
2. Section 63.100 is amended by revising paragraph (b) introductory
text and adding paragraph (b)(4) to read as follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(b) Except as provided in paragraph (b)(4) of this section, the
provisions of subparts F, G, H of this part apply to chemical
manufacturing process units that meet all the criteria specified in
paragraphs (b)(1), (b)(2), and (b)(3) of this section:
* * * * *
(4) The owner or operator of a chemical manufacturing processing
unit is exempt from all requirements of subparts F, G, and H until not
later than April 22, 1997 if the owner or operator certifies, in a
notification to the Administrator, not later than [date 30 days after
publication of the final rule] that the plant site at which the
chemical manufacturing processing unit is located emits, and will
continue to emit, during any 12-month period, less than 10 tons per
year of any individual hazardous air pollutant, and less than 25 tons
per year of any combination of hazardous air pollutants.
(i) If such a determination is based on limitations and conditions
that are not federally enforceable (as defined in subpart A of this
part), the owner or operator shall document the basis for the
determination as specified in paragraphs (b)(4)(i)(A) through
(b)(4)(i)(C) and comply with the recordkeeping requirement in
Sec. 63.103(f).
(A) The owner or operator shall identify all HAP emission points at
the plant site, including those emission points subject to and emission
points not subject to subparts F, G, and H of this part;
(B) The owner or operator shall calculate the amount of annual HAP
emissions that have been released from each emission point, using
acceptable measurement or estimating techniques for maximum operating
conditions at the site. Examples of estimating procedures that are
considered acceptable include the calculation procedures in Sec. 63.150
of subpart G, the early reduction demonstration procedures specified in
Sec. 63.74 (c)(2), (c)(3), (d)(2), (d)(3), and (g), or, for sources to
which these procedures are not available, accepted engineering
practices.
(C) The owner or operator shall sum the amount of annual HAP
emissions from all the emission points on the plant site. If the total
emissions of any one HAP are less than 10 tons per year and the total
emissions of any combination of HAP are less than 25 tons per year, the
plant site qualifies for the exemption described in paragraph (b)(4) of
this section, provided that emissions are kept below these thresholds.
(ii) If such a determination is based on limitations and conditions
that are federally enforceable (as defined in subpart A of this part),
the owner or operator is not subject to the recordkeeping requirement
in Sec. 63.103 (f).
* * * * *
3. Section 63.103 is amended by adding paragraph (f) to read as
follows:
Sec. 63.103 General compliance, reporting and recordkeeping
requirements.
* * * * *
(f) To qualify for the exemption specified in Sec. 63.100(b)(4),
the owner or operator shall maintain the documentation of the
information required pursuant to Sec. 63.100(b)(4)(i), and
documentation of any update of this information requested by the
Administrator, and shall provide the documentation to the Administrator
upon request. The Administrator may notify the owner or operator, after
reviewing such documentation, whether, in the Administrator's judgment,
the source does not qualify for the exemption specified in
Sec. 63.100(b)(4). The exemption provided for in Sec. 63.100 (b)(4)
will expire 90 days from the date of such notification by the
Administrator.
4. Section 63.190 is amended by revising paragraph (b) introductory
text and adding paragraph (b)(7) to read as follows:
Sec. 63.190 Applicability and designation of source.
* * * * *
(b) Except as provided in paragraph (b)(7) of this section, the
provisions of subparts I and H of this part apply to emissions of the
designated organic hazardous air pollutants from the processes
specified in paragraphs (b)(1) through (b)(6) of this section that are
located at a plant site that is a major source as defined in section
112(a) of the Act. The specified processes are further defined in
Sec. 63.191.
* * * * *
(7) The owner or operator of a process unit specified in paragraphs
(b)(1) through (b)(6) of this section is exempt from all requirements
of subpart I until not later than April 22, 1997, if the owner or
operator certifies, in a notification to the Administrator, not later
than [insert date 30 days after publication of the final rule] that the
plant site at which the chemical manufacturing processing unit is
located emits, and will continue to emit, during any 12-month period,
less than 10 tons per year of any individual hazardous air pollutant,
and less than 25 tons per year of any combination of hazardous air
pollutants.
(i) If such a determination is based on limitations and conditions
that are not federally enforceable (as defined in subpart A of this
part), the owner or operator shall document the basis for the
determination as specified in paragraphs (b)(7)(i)(A) through
(b)(7)(i)(C) of this section.
(A) The owner or operator shall identify all HAP emission points at
the plant site, including those emission points subject to and emission
points not subject to subparts F, G, and H of this part;
(B) The owner or operator shall calculate the amount of annual HAP
emissions that have been released from each emission point, using
acceptable measurement or estimating techniques for maximum operating
conditions at the site. Examples of estimating procedures that are
considered acceptable include the calculation procedures in Sec. 63.150
of subpart G, the early reduction demonstration procedures specified in
Sec. 63.74 (c)(2), (c)(3), (d)(2), (d)(3), and (g), or, for sources not
covered by these procedures, accepted engineering practices.
(C) The owner or operator shall sum the amount of annual HAP
emissions from all the emission points on the plant site. If the total
emissions of any one HAP are less than 10 tons per year and the total
emissions of any combination of HAP are less than 25 tons per year, the
plant site qualifies for the exemption described in paragraph (b)(7) of
this section, provided that emissions are kept below these thresholds.
(ii) If such a determination is based on limitations and conditions
that are federally enforceable, and the plant site is not a major
source as defined in subpart A of this part), the owner or operator is
not subject to the recordkeeping requirement in Sec. 63.190(8).
* * * * *
5. Section 63.192 is amended by adding a new paragraph (l) to read
as follows:
Sec. 63.192 Standard.
* * * * *
(l) To qualify for the exemption specified in Sec. 63.190(b)(7),
the owner or operator shall maintain the documentation of the
information required pursuant to Sec. 63.190(b)(7)(i), and
documentation of any update of this information requested by the
Administrator, and shall provide the documentation to the Administrator
upon request. The Administrator will notify the owner or operator,
after reviewing such documentation, whether, in the Administrator's
judgment, the source does not qualify for the exemption specified in
Sec. 63.190(b)(7). The exemption provided for in Sec. 63.190(b)(7) will
expire 90 days after the date of such notification by the
Administrator.
[FR Doc. 94-25741 Filed 10-21-94; 8:45 am]
BILLING CODE 6360-50-P
