99-27799. National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works

[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Rules and Regulations]
[Pages 57572-57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27799]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6462-7]
RIN 2060-AF26


National Emission Standards for Hazardous Air Pollutants: 
Publicly Owned Treatment Works

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for new and existing publicly owned 
treatment works (POTW). The primary hazardous air pollutants (HAP) 
emitted by these sources include xylenes, methylene chloride, toluene, 
ethyl benzene, chloroform, tetrachloroethylene, benzene, and 
naphthalene.
    Each of these HAP can cause adverse health effects provided 
sufficient exposure. For example, exposure to methylene chloride can 
adversely affect the central nervous system and has been shown to cause 
liver and lung cancers in animals, while benzene is known to cause 
cancer in humans.
    With this final rule, the EPA is requiring air pollution controls 
on a new or reconstructed treatment plant at a POTW that is a major 
source of HAP. The standards also require that new and existing POTW 
treating regulated waste streams from an industrial user, for the 
purpose of allowing that industrial user to comply with another NESHAP, 
meet the treatment and control requirements of the other relevant 
NESHAP.

EFFECTIVE DATE: October 26, 1999.

ADDRESSES: Docket. Docket No. A-96-46, containing information 
considered

[[Page 57573]]

by the EPA in development of the promulgated standards, is available 
for public inspection from 8 a.m. to 5:30 p.m., Monday through Friday, 
at the following address in room M-1500, Waterside Mall (ground floor): 
US Environmental Protection Agency, 401 M Street SW, Washington, DC 
20460, telephone number [phone]. A reasonable fee may be charged 
for copying docket materials.
    Responses to Comments Document. The responses to comments document 
for the promulgated standards may be obtained from the EPA Library (MD-
35), Research Triangle Park, North Carolina 27711, telephone (919) 541-
2777, or from the National Technical Information Services, 5285 Port 
Royal Road, Springfield, Virginia 22151, telephone [phone] or 
[phone] or via the Internet at www.fedworld.gov/ntis/ntishome/
html. Please refer to ``National Emission Standards for Hazardous Air 
Pollutants: Publicly Owned Treatment Works--Background Information for 
Final Standards: Summary of Public Comments and Responses'' (EPA-453/R-
99-008, October 1999).
    The document contains the following: (1) a summary of all the 
public comments made on the proposed standards and the Administrator's 
responses to the comments, and (2) a summary of the changes made to the 
standards since proposal. This document is also available for 
downloading from the Technology Transfer Network (see SUPPLEMENTARY 
INFORMATION).

FOR FURTHER INFORMATION CONTACT: For information concerning this final 
rule or the analyses performed in developing this rule, contact Mr. 
Robert Lucas, Waste and Chemical Processes Group, Emission Standards 
Division (MD-13), Office of Air Quality Planning and Standards, U.S. 
EPA, Research Triangle Park, North Carolina 27711, telephone number 
[phone], facsimile number [phone], electronic mail 
address [e-mail]''. For information concerning applicability 
and rule determinations, contact your State or local representative or 
the appropriate EPA regional representatives. For a listing of EPA 
Regional contacts, see the following SUPPLEMENTARY INFORMATION section.

SUPPLEMENTARY INFORMATION:
    Electronic Access. These final standards and all other information 
considered by the EPA in the development of the final standards are 
available in Docket Number A-96-46 or by request from the EPA's Air and 
Radiation Docket and Information Center (see ADDRESSES). Electronic 
versions of documents from the Office of Air and Radiation (OAR) are 
available through the EPA's OAR Technology Transfer Network Web site 
(TTNWeb). The TTNWeb is a collection of related Web sites containing 
information about many areas of air pollution science, technology, 
regulation, measurement, and prevention. The TTNWeb is directly 
accessible from the Internet via the World Wide Web location at the 
following address: ``http://www.epa.gov/ttn''. Electronic versions of 
this preamble and rule are located under the OAR Policy and Guidance 
Information Web site, at ``http://www.epa.gov/ttn/oarpg/'', under the 
Federal Register notices section. If more information on the TTNWeb is 
needed, contact the Systems Operator at [phone].

EPA Regional Offices

Director, Office of Environmental Stewardship, Attn: Air Compliance 
Clerk
    U.S. EPA Region I, 1 Congress Street, Suite 1100 (SEA), Boston, 
MA 02114-2023, [phone]
Umesh Dholakia
    U.S. EPA Region II, 290 Broadway Street, New York, NY 10007-
1866, [phone]
Dianne Walker
    U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103, 
[phone]
Lee Page
    U.S. EPA Region IV, Atlanta Federal Center, 61 Forsyth Street, 
SW, Atlanta, GA 30303-3104, [phone]
Bruce Varner
    U.S. EPA Region V, 77 West Jackson Boulevard, Chicago, IL 60604-
3507, [phone]
Jim Yang (6EN-AT)
    U.S. EPA Region VI, First Interstate Bank Tower, 1445 Ross 
Avenue, Suite 1200, Dallas, TX 75202, [phone]
Gary Schlicht
    U.S. EPA Region VII, 726 Minnesota Avenue, Kansas City, KS 
66101, [phone]
Tami Thomas-Burton
    U.S. EPA Region VIII, 999 18th Street, Suite 500, Denver, CO 
80202, [phone]
Ken Bigos
    U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 
94105, [phone]
Dan Meyer
    U.S. EPA Region X, 1200 Sixth Street, Seattle, WA 98101, (206) 
553-4150

    Regulated Entities. Entities potentially regulated by this action 
are publicly owned treatment works. Regulated categories and entities 
include:

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                                                                  North American
                                                  Standard          Industrial
                  Category                       Industrial       Classification      Examples of potentially
                                               Classification     System (NAICS)         regulated entities
                                                (SIC) codes           codes
----------------------------------------------------------------------------------------------------------------
Industry (3) Not affected
Federal Government.........................               4952              22132  Sewage treatment facilities,
                                                                                    and federally owned
                                                                                    treatment works.
State/local/tribal governments.............               4952              22132  Sewage treatment facilities,
                                                                                    municipal wastewater
                                                                                    treatment facilities, and
                                                                                    publicly owned treatment
                                                                                    works.
----------------------------------------------------------------------------------------------------------------

    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 is regulated by this promulgated action, you 
should carefully examine the applicability criteria in section III. A 
of this document and in 40 CFR 63.1580. 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. National emission standards for hazardous air 
pollutants from POTW were proposed in the Federal Register on December 
1, 1998 (63 FR 66084). Today's Federal Register action announces the 
EPA's final decision on the rule. Under section 307(b)(1) of the Clean 
Air Act (Act), judicial review of the final rule is available by filing 
a petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit within 60 days of today's publication of this final 
rule. Only an objection to this action which was raised with reasonable

[[Page 57574]]

specificity during the period for public comment may be raised during 
judicial review. Under section 307(b)(2) of the Act, the requirements 
that are the subject of today's notice may not be challenged later in 
civil or criminal proceedings brought by the EPA to enforce these 
requirements.
    The following outline is provided to aid in reading the preamble to 
the final rule.

I. Background
    A. Source Category Description
    B. Overview of HAP Emissions from POTW
II. Summary of Considerations Made in Developing This Standard
    A. Source of Authority
    B. Stakeholder and Public Participation
III. Summary of Promulgated Standards
    A. Affected Sources and Applicability
    B. Requirements
IV. Summary of Impacts
V. Significant Comments and Changes to the Proposed Standards
    A. Major Source Determination
    B. Co-location With Other Sources of HAP Emissions
    C. Control Requirements
    D. Federally Owned Treatment Works
VI. Administrative Requirements
    A. Executive Order 12866
    B. Executive Order 13045
    C. Paperwork Reduction Act
    D. Regulatory Flexibility Act
    E. Unfunded Mandates
    F. Executive Order 12875
    G. Executive Order 13084
    H. National Technology Transfer and Advancement Act
    I. Congressional Review Act
    J. Executive Order 12612

I. Background

A. Source Category Description

    The EPA's initial list of categories of major sources of HAP 
emissions, established under section 112(c)(1) of the Act, included 
POTW. This list was published on July 16, 1992 (57 FR 31576). The POTW 
source category is defined in the supporting documentation for the 
initial source category list. The POTW source category ``includes 
emissions from wastewaters which are treated at a POTW.''

    These wastewaters are produced by industrial, commercial, and 
domestic sources. Emissions from these wastewaters can occur within 
the collection system (sewers) as well as during treatment at the 
POTW. Control options include, but are not limited to, reduction of 
HAP's at the source before they enter the collection system, add-on 
emission controls on the collection system and at the POTW, and/or 
treatment process modifications/substitutions. (Documentation for 
Developing the Initial Source Category List, EPA-450/3-91-030, July 
1992)

    Section 112(e)(5) of the Act defines POTW by referring to the 
definition of treatment works in title II of the Federal Water 
Pollution Control Act, commonly referred to as the Clean Water Act. As 
set forth in section 212(2), 33 U.S.C. 1292(2), treatment works include 
the wastewater treatment units themselves, as well as intercepting 
sewers, outfall sewers, sewage collection systems, pumping, power, and 
other equipment. Any of these devices which are publicly owned may be a 
POTW. The wastewater collected, transmitted, and treated by such POTW 
may be generated by industrial, commercial, and/or domestic sources.

B. Overview of HAP Emissions From POTW

    The HAP emitted by POTW originate in wastewater streams discharged 
by industrial, commercial, and other facilities. Since POTW can receive 
any HAP constituent, potentially, POTW can have emissions of any HAP. 
Currently, the primary HAP constituents associated with POTW sources 
include xylenes, methylene chloride, toluene, ethyl benzene, 
chloroform, tetrachloroethylene, benzene, and naphthalene.
    Each of these HAP can cause adverse health effects provided 
sufficient exposure. For example, exposure to methylene chloride can 
adversely affect the central nervous system and has been shown to cause 
liver and lung cancers in animals, while benzene is known to cause 
cancer in humans.
    Hazardous air pollutants present in wastewater entering POTW 
treatment plants can biodegrade, adhere to sewage sludge, volatilize to 
the air, or pass through (remain in the discharge) to receiving waters. 
Within the POTW source category, wastewater treatment units are the 
most likely source for HAP emissions, but wastewater collection systems 
(including transport systems) and other devices may also have 
emissions.

II. Summary of Considerations Made in Developing This Standard

A. Source of Authority

    Section 112 of the Act addresses stationary sources of HAP. Section 
112(b) of the Act, as amended, lists 188 chemicals, compounds, or 
groups of chemicals as HAP. The EPA is directed by section 112 to 
regulate the emissions of HAP from stationary sources by establishing 
national emission standards.
    The statute requires the EPA to establish standards to reflect the 
maximum degree of reduction in HAP emissions through application of 
maximum achievable control technology (MACT) to major sources. Section 
112(a)(1) 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 (tpy) or more of any HAP or 25 tpy or more of any 
combination of HAP.

    Section 112(d)(3) prescribes a minimum level of control for major 
sources of HAP, referred to as the MACT floor.
    Section 112(e)(5) of the Act required the EPA to promulgate a MACT 
standard for publicly owned treatment works by November 15, 1995. Under 
section 112(j)(2) (the ``MACT hammer''), if the EPA failed to 
promulgate a POTW MACT standard by November 15, 1997, major sources in 
the POTW category would be required to submit, within 18 months (by May 
15, 1999), an application for a permit which would impose MACT 
requirements on a case-by-case basis. Although the EPA was unable to 
meet this deadline, on May 14, 1999, the EPA promulgated a rule (64 FR 
26311) which extended the section 112(j) permit application deadline 
for this source category until December 15, 1999. The obligation for 
facilities to file a permit application under section 112(j)(2) is 
eliminated by the promulgation of these final standards.

B. Stakeholder and Public Participation

    As prescribed in section 112(n)(3) of the Act:

    The Administrator may conduct, in cooperation with the owners 
and operators of publicly owned treatment works, studies to 
characterize emissions of hazardous air pollutants emitted by such 
facilities, to identify industrial, commercial and residential 
discharges that contribute to such emissions and to demonstrate 
control measures for such emissions. When promulgating any standard 
under this section applicable to publicly owned treatment works, the 
Administrator may provide for control measures that include 
pretreatment of discharges causing emissions of hazardous air 
pollutants and process or product substitutions or limitations that 
may be effective in reducing such emissions.

    During the development of these final standards, representatives of 
POTW and sanitation districts were extensively consulted. The EPA 
worked closely with a trade association known as the Association of 
Metropolitan Sewerage Agencies (AMSA) for approximately 7 years.
    A database comprising information supplied by the AMSA was used in 
the evaluation of HAP emissions and emissions control for POTW. 
Estimates of organic HAP emissions from model

[[Page 57575]]

sources were developed by the EPA based on information supplied by the 
AMSA, including most of the modeling inputs used for the EPA WATER8 
emissions estimation model.

III. Summary of Promulgated Standards

    This section provides a summary of the final standards contained in 
40 CFR part 63, subpart VVV. The full regulatory text is printed in 
today's document and is also available in Docket No. A-96-46, directly 
from the EPA, or from the Technology Transfer Network (TTN) on the 
EPA's electronic bulletin board. More information on how to obtain a 
copy of the final regulation is provided in the SUPPLEMENTARY 
INFORMATION section of this document.

A. Affected Sources and Applicability

    The wastewater treatment plant at a POTW is the affected source for 
this subpart. The subpart is applicable only to POTW that are located 
at facilities which are major sources of HAP emissions. In addition, 
the final rule exempts facilities which are not required to develop a 
pretreatment program under 40 CFR part 403.

B. Requirements

    The final standards for POTW do not require any additional controls 
for existing non-industrial POTW treatment plants. New or reconstructed 
non-industrial POTW treatment plants must reduce their HAP emissions. 
This is accomplished by using covers and control devices on the POTW 
treatment units up to, but not including, the secondary treatment 
units.
    In response to comments that the control requirements for new or 
reconstructed non-industrial POTW were too prescriptive and did not 
account for the differences between POTW treatment plants, the final 
standards include an alternative compliance option. Using the available 
HAP data provided by the trade association, the EPA calculated a 
fraction emitted value equivalent to applying covers and control 
devices on treatment units up to, but not including, the secondary 
treatment units. Under this option, each month, facilities calculate 
the fraction emitted by dividing the sum total of HAP emissions by the 
sum total of HAP loading to the wastewater treatment plant. Facilities 
must demonstrate that the annual rolling average of the fraction 
emitted does not exceed 0.014. Facilities can use any combination of 
pretreatment, wastewater treatment plant modifications, and control 
devices to meet the fraction emitted limit.
    The POTW which provide treatment and control for a waste stream 
regulated by an industrial MACT are defined as industrial POTW 
treatment plants. Under the industrial discharger's MACT, the POTW 
provides air pollution control, generally under a contractual 
agreement. Today's POTW standard makes these controls directly 
enforceable on the POTW. An owner or operator of a new or reconstructed 
industrial POTW treatment plant must comply with the existing source 
MACT or the new or reconstructed MACT for non-industrial POTW, 
whichever is more stringent.

IV. Summary of Impacts

    There are approximately 16,000 POTW nationwide that receive and 
treat approximately 113.6 million cubic meters per day (30 billion 
gallons per day) of domestic, commercial, and industrial wastewater. It 
was not possible to survey each facility and make a major source 
determination. Although only six major sources have been identified, 
the EPA knows that additional major sources will be subject to these 
standards. Based on discussions with POTW representatives, the EPA 
believes that these additional major sources do not have different 
emission sources or controls than the six identified facilities. 
Today's final rule does not add new requirements for these existing 
facilities.
    Several POTW have been identified as possible industrial POTW. In 
addition, as more industrial NESHAP are promulgated, the EPA believes 
that more POTW could be used by industries to comply with the 
requirements of their industrial NESHAP. Today's final rule does not 
require any additional control, but it does make the industrial NESHAP 
control requirements directly enforceable on the POTW.
    Current information from POTW representatives projects no new or 
reconstructed major POTW for the next 5 years. Thus, the EPA does not 
expect that any facilities will be required to apply the emission 
controls included in today's final rule, and the EPA projects minimal 
impacts from today's action.

V. Significant Comments and Changes to the Proposed Standards

    Nineteen comment letters were received on the proposed rule. The 
commenters included State and local air pollution agencies, owners and 
operators of POTW, trade organizations, representatives of academia, 
and private citizens. A detailed discussion of these comments and 
responses can be found in the Background Information Document for the 
Final Standards (EPA-453/R-99-008).
    The EPA's review of the significant issues raised by the commenters 
resulted in several changes to the proposed rule. This section 
summarizes the significant comments and provides the EPA's response to 
those comments.

A. Major Source Determination

    The EPA developed a methodology which included a number of ways by 
which a POTW could determine if their treatment plant was a major 
source of HAP emissions. The methods developed were presented in a 
tiered approach to provide maximum flexibility and were primarily 
intended to assist the thousands of POTW treatment plants that are not 
major sources. Several comments were received that opposed including 
any methodology for major source determination.
    Due to title V, part 70 determinations, a POTW and its local air 
pollution regulatory authorities should have agreement on the methods 
by which the POTW estimates emissions from wastewater treatment 
operations. Therefore, the EPA has removed procedures for major source 
determination, and has referred to 40 CFR part 63, Subpart A--General 
Provisions, for the definition of a major source.
    The procedures that were removed from the standards, along with 
additional guidance, will be included in a future document on 
estimating emissions from POTW. The EPA will continue to provide 
assistance on the use of the WATER8 model. Requests for guidance on 
emissions estimation for the purpose of major source determination will 
be addressed on an ``as-needed'' basis, and may be obtained by 
consulting the person listed in the FOR FURTHER INFORMATION CONTACT 
section of today's final rule.

B. Co-Location With Other Sources of HAP Emissions

    Several commenters believed that if a POTW treatment plant is not a 
major source, then it should not be considered a major source if it is 
co-located with another major source. These commenters recommended that 
the emissions should be based on actual emissions from the wastewater 
treatment portion of the POTW and should not include emissions from co-
located sources (e.g., portable internal combustion engines). -
    The term ``major source'' is defined in 40 CFR part 63, Subpart A--
General Provisions, and includes the requirement for considering 
emissions

[[Page 57576]]

and the potential for emissions from co-located sources when 
determining major source status. Therefore, the major source 
determination must be based on facility-wide emissions.

C. Control Requirements

    Several commenters believed that it was inappropriate to require 
POTW to be subject to Secs. 63.693 through 63.697 of 40 CFR part 63, 
Subpart DD--National Emission Standards for Hazardous Air Pollutants: 
Off-Site Waste and Recovery Operations. The commenters stated that the 
best-controlled facility, on which the EPA based its MACT floor for new 
and reconstructed facilities, does not comply with these standards.
    In response to the comments, the EPA has removed requirements from 
Secs. 63.693 through 63.697 of 40 CFR part 63 which are not appropriate 
for POTW. In particular, the final rule does not require the use of an 
organic vapor analyzer to check for leaks in either the closed-vent 
system or the covers on tanks.
    In addition, the EPA has added an alternative compliance option 
based on a modeling study of the control requirements. This alternative 
compliance option allows a new or reconstructed source to comply by 
demonstrating, for units up to, but not including the secondary 
treatment, that the weighted fraction emitted does not exceed 0.014 
based on an annual average. Facilities calculate the weighted fraction 
emitted by dividing the sum total of HAP emissions by the sum total of 
HAP loading to the wastewater treatment plant.
    A POTW may use any combination of pretreatment, wastewater 
treatment plant modifications, and control devices to achieve this 
performance standard. Facilities can determine the appropriate control 
efficiency for a particular control device. However, the POTW must 
document these calculations and demonstrate continuous compliance to 
the Administrator's satisfaction. In this context, continuous 
compliance refers to an annual rolling average of the fraction of the 
HAPs in the wastewater treated by the POTW which are emitted to the 
air.

D. Federally Owned Treatment Works

    One commenter questioned whether Federally Owned Treatment Works 
(FOTW) should be subject to this rulemaking. The commenter suggested 
that FOTW should be excluded from the POTW source category because the 
term ``publicly owned treated works'' has been used more narrowly in 
other statutory contexts.
    The EPA notes that many treatment works owned and operated by 
municipalities, States, and intermunicipal or interstate agencies are 
essentially the same in design, in operation, and in the types of 
wastewater that are treated as treatment works operated by the Federal 
government. Regulations developed under the Clean Water Act generally 
require that both types of facilities meet the same control 
requirements. EPA does not believe that it would be a constructive use 
of governmental resources to promulgate a separate MACT standard for 
FOTW. In addition, EPA believes that the inclusion of FOTW within the 
POTW source category is consistent with the intent of the Federal 
Facility Compliance Act of 1992.
    EPA understands the confusion which could be caused by differences 
in the meaning of the term ``publicly owned treatment works'' in 
differing regulatory contexts. By including treatment works owned by 
the Federal government in the POTW source category, EPA does not intend 
to alter in any way the manner in which the term ``publicly owned 
treatment works'' has been interpreted or applied under any other 
statute or in any other regulation. Accordingly, EPA has revised the 
definition of POTW in this rule both to recognize this distinction and 
to confirm the intent of EPA to include FOTW in this source category.

VI. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and to 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 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 or 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 OMB has deemed this regulatory action significant and requested 
review of this final rulemaking package. Therefore, the EPA submitted 
this action to OMB for review. Changes made in response to OMB 
suggestions or recommendations are documented in the public record.

B. Executive Order 13045

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

C. Paperwork Reduction Act

    The information collection requirements in this final rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document 
has been prepared by EPA (ICR No. 1891.02), and a copy may be obtained 
from Sandy Farmer by mail at the OP Regulatory Information Division, 
U.S. Environmental Protection Agency (2137), 401 M Street SW, 
Washington, DC 20460, by e-mail at [e-mail], or by calling 
[phone]. A copy may also be downloaded off the Internet at 
http://www.epa.gov/icr.
    Generally, respondents are required to submit one-time reports of 
(1) start of construction for new facilities, and (2) anticipated and 
actual start-up dates for new facilities. For sources constructed or 
reconstructed after the effective date of the relevant standard, the 
regulation requires that the source submit an application for approval 
of construction or reconstruction. The application is required to 
contain information on the air pollution control that will be used for 
each potential HAP emission point.
    For POTW facilities, the public reporting and recordkeeping burden 
is

[[Page 57577]]

estimated to average 41 hours per respondent per year. This estimate 
includes time for preparing and submitting notices, preparing and 
submitting demonstrations and applications, reporting releases, 
gathering information, and preparing and submitting reports. No capital 
costs are anticipated.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, OP Regulatory Information Division, U.S. Environmental 
Protection Agency (2137), 401 M Street SW, Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th Street NW, Washington, DC 20503, marked 
``Attention: Desk Officer for EPA.''

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of certain proposed and 
final rules unless the agency certifies that the rule in question will 
not have a significant economic impact on a substantial number of small 
entities. The EPA's findings in this section are the result of the 
statutory requirements of the RFA as amended by the Small Business 
Regulatory Enforcement Fairness Act.
    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. The 
EPA has also determined that this rule will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will impose no new requirements on existing industrial or non-
industrial POTW treatment plants or new industrial POTW treatment 
plants. The EPA is uncertain whether any new non-industrial POTW 
treatment plants would be of sufficient size to be subject to this 
rule, but the number of affected sources would be very small in any 
case.

E. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in aggregate, or the private 
sector in any 1 year, nor does the rule significantly or uniquely 
impact small governments, because it contains no requirements that 
apply to such governments or impose obligations upon them. Thus, the 
requirements of the UMRA do not apply to this rule.

F. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to OMB a 
description of the extent of EPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule is required under section 112 (e)(5) of the Clean Air 
Act. Accordingly, the requirements of section 1(a) of Executive Order 
12875 do not apply to this rule.
    In developing this rule, the EPA consulted with these governments 
to enable them to provide meaningful and timely input in the 
development of this rule. As discussed in section II.B of this 
document, consultation opportunities included presumptive MACT 
partnerships, stakeholder meetings, and participation on the internal 
working group that prepared these final standards. State and local 
regulatory agencies are expected to be in favor of this final rule. 
Prior to publication of the proposed rule, some representatives of 
local governments had expressed concerns about the emission models and 
testing used to determine area source status. The EPA worked with these 
representatives in developing this final rule, and their concerns 
should be resolved with the publication of this final rule.

G. Executive Order 13084

    Under Executive Order 13084, the EPA may not issue a regulation 
that is

[[Page 57578]]

not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of the EPA's 
prior consultation with representatives of affected tribal governments, 
a summary of the nature of their concerns, and a statement supporting 
the need to issue the regulation. In addition, Executive Order 13084 
requires the EPA to develop an effective process permitting elected 
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.''
    This final rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This rule imposes no new 
requirements on existing industrial or non-industrial POTW treatment 
plants or new industrial POTW treatment plants. The EPA is uncertain 
whether any new non-industrial POTW treatment plants will be of 
sufficient size to be subject to this rule, but the number of affected 
sources would be very small in any case and would not be likely to be 
located in the communities of Indian tribal governments. Accordingly, 
the requirements of section 3(b) of Executive Order 13084 do not apply 
to this final rule.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 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 EPA decides 
not to use available and applicable voluntary consensus standards.
    This final rulemaking includes technical standards and requirements 
for taking measurements. Consequently, the EPA searched for applicable 
voluntary consensus standards by searching the National Standards 
System Network (NSSN) database. The NSSN is an automated service 
provided by the American National Standards Institute for identifying 
available national and international standards.
    The EPA searched for methods and tests required by this final rule, 
all of which are methods or tests previously promulgated. This final 
rule includes methods that measure: (1) Vapor leak detection (EPA 
Method 21); (2) volatile organic compound concentration in vented gas 
stream (EPA Method 18); (3) volumetric flow rate of the vented gas 
stream (EPA Methods 2, 2A, 2C, or 2D); and (4) sampling site location 
(Method 1 or 1A). These EPA methods are found in Appendix A to 40 CFR 
parts 60, 63, and 136.
    Except for EPA Methods 2 and 2C (Appendix A to 40 CFR part 60), no 
other potentially equivalent methods for the methods and tests in the 
rule were found in the NSSN database search. The EPA identified one 
Chinese (Taiwanese) National Standard (CNS) which may potentially be an 
equivalent method to EPA Methods 2 and 2C. The CNS method is CNS K9019 
for measuring velocity and flow rates in stack gases.
    However, the EPA does not believe that CNS K9019 is a voluntary 
consensus method. It is unlikely that CNS K9019 was considered by 
industry groups or national standards setting organizations, because it 
was not developed in the U.S. and there is no available information 
about it in the U.S.
    To confirm this, the EPA requested comments at proposal on whether 
any U.S. industry has adopted CNS K9019 as a voluntary consensus 
method. The EPA also requested comments on whether any potential 
voluntary consensus methods existed that could be allowed in addition 
to the methods in the proposed rule. No potential voluntary consensus 
methods were submitted with the public comments on the proposed version 
of this final rule. The EPA interprets this to mean that no applicable 
voluntary consensus standards are available for POTW.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 
effective October 26, 1999.

J. Executive Order 12612

    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, (64 FR 43255, August 10, 1999) 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612 (52 FR 41685, October 30, 1987) on federalism 
still applies. This rule will not have a substantial direct effect on 
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 12612. 
This rule is not likely to have a substantial direct effect on States 
because it imposes no new control requirements on existing treatment 
works, and because the incremental cost of any required controls for 
new sources would not be significant in the context of the construction 
of new facilities. Moreover, since the authority to regulate any 
affected sources will be routinely delegated to State permitting 
authorities, this rule should have no substantial effect on the 
relationship between the national government and the States or on the 
distribution of power and responsibilities among the various levels of 
government.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Pretreatment, Publicly owned treatment works, Reporting and 
recordkeeping requirements.

    Dated: October 15, 1999.
Carol M. Browner,
Administrator.

    For reasons set out in the preamble, part 63, title 40, chapter I 
of the Code of Federal Regulations is amended as follows:

[[Page 57579]]

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.

    2. Part 63 is amended by adding subpart VVV to read as follows:

Subpart VVV--National Emission Standards for Hazardous Air Pollutants: 
Publicly Owned Treatment Works

Sec.

Applicability

63.1580  Am I subject to this subpart?
63.1581  Does the subpart distinguish between different types of 
POTW treatment plants?

Industrial POTW Treatment Plant Description and Requirements

63.1582  What are the characteristics of an industrial POTW 
treatment plant?
63.1583  What are the emission points and control requirements for 
an industrial POTW treatment plant?
63.1584  When do I have to comply?
63.1585  How does an industrial POTW treatment plant demonstrate 
compliance?

Non-industrial POTW Treatment Plant Requirements

63.1586  What are the emission points and control requirements for a 
non-industrial POTW treatment plant?
63.1587  When do I have to comply?
63.1588  What inspections must I conduct?
63.1589  What records must I keep?
63.1590  What reports must I submit?

General Requirements

63.1591  What are my notification requirements?
63.1592  Which General Provisions apply to my POTW treatment plant?
63.1593  How will the EPA determine if I am in compliance with this 
subpart?
63.1594  Who enforces this subpart?
63.1595  List of definitions.
Table 1 to Subpart VVV--Applicability of 40 CFR Part 63 General 
Provisions to Subpart VVV

Applicability


Sec. 63.1580  Am I subject to this subpart?

    (a) You are subject to this subpart if the following are all true:
    (1) You own or operate a publicly owned treatment works (POTW) that 
includes an affected source (Sec. 63.1595);
    (2) The affected source is located at a major source of hazardous 
air pollutant (HAP) emissions; and
    (3) Your POTW is required to develop and implement a pretreatment 
program as defined by 40 CFR 403.8 (for a POTW owned or operated by a 
municipality, state, or intermunicipal or interstate agency), or your 
POTW would meet the general criteria for development and implementation 
of a pretreatment program (for a POTW owned or operated by a 
department, agency, or instrumentality of the Federal government).

    Note to paragraph (a)(2): See Sec. 63.2 of the national emission 
standards for hazardous air pollutants (NESHAP) general provisions 
in subpart A of this part for a definition of major source.

    (b) If your existing POTW treatment plant is not located at a major 
source as of October 26, 1999, but thereafter becomes a major source 
for any reason other than reconstruction, then, for the purpose of this 
subpart, your POTW treatment plant would be considered an existing 
source.
    (c) If an industrial major source complies with applicable NESHAP 
requirements by using the treatment and controls located at your POTW, 
your POTW is considered to be a major source regardless of whether you 
otherwise meet the applicable criteria.
    (d) If you reconstruct your POTW treatment plant, then the 
requirements for a new or reconstructed POTW treatment plant, as 
defined in Sec. 63.1595, apply.


Sec. 63.1581  Does the subpart distinguish between different types of 
POTW treatment plants?

    Yes, POTW treatment plants are divided into two subcategories. A 
POTW treatment plant which does not meet the characteristics of an 
industrial POTW treatment plant belongs in the non-industrial POTW 
treatment plant subcategory as defined in Sec. 63.1595.

Industrial POTW Treatment Plant Description and Requirements


Sec. 63.1582  What are the characteristics of an industrial POTW 
treatment plant?

    (a) Your POTW is an industrial POTW treatment plant if an 
industrial discharger complies with its NESHAP by using the treatment 
and controls located at your POTW. Your POTW accepts the regulated 
waste stream and provides treatment and controls as an agent for the 
industrial discharger. Industrial POTW treatment plant is defined in 
Sec. 63.1595.
    (b) If, in the future, an industrial discharger begins complying 
with its NESHAP by using the treatment and controls at your POTW, then 
on the date that the industrial discharger certifies compliance, your 
POTW treatment plant will be considered an industrial POTW treatment 
plant.
    (c) If your POTW treatment plant accepts one or more specific 
regulated industrial waste streams as part of compliance with one or 
more other NESHAP, then you are subject to all the requirements of each 
appropriate NESHAP for each waste stream, as described in the following 
section. In the case of overlapping NESHAP requirements, the more 
stringent of the requirements will apply.


Sec. 63.1583  What are the emission points and control requirements for 
an industrial POTW treatment plant?

    (a) The emission points and control requirements for an existing 
industrial POTW treatment plant are specified in the appropriate 
NESHAP(s) for the industrial user(s) (see Sec. 63.1582). For example, 
an existing industrial POTW treatment plant that provides treatment for 
a facility subject to subpart FF of this part, the National Emission 
Standard for Benzene Waste Operations, must meet the treatment and 
control requirements specified in Sec. 61.348(d)(4) of this chapter.
    (b) The emission points and control requirements for a new or 
reconstructed industrial POTW treatment plant are either those 
specified by the particular NESHAP(s) which apply to the industrial 
user(s) who discharge their waste for treatment to the POTW, or those 
emission points and control requirements set forth in Sec. 63.1586. The 
set of control requirements which applies to a particular new or 
reconstructed POTW is that set which requires the most stringent 
overall control of HAP emissions. If you are uncertain which set of 
requirements is more stringent, this determination should be made in 
consultation with the permitting authority. Reconstruction is defined 
in Sec. 63.1595.


Sec. 63.1584  When do I have to comply?

    (a) Existing industrial POTW treatment plant. If you have an 
existing industrial POTW treatment plant, the appropriate NESHAP(s) for 
the industrial user(s) sets the compliance date, or the compliance date 
is 60 days after October 26, 1999, whichever is later.
    (b) New industrial POTW treatment plant. If you have a new 
industrial POTW treatment plant, you must be in compliance as soon as 
you begin accepting the waste stream(s) for treatment. If you begin 
accepting a specific regulated industrial waste stream(s) for 
treatment, you must be in compliance by the time specified in the 
appropriate NESHAP(s) for the industrial user(s).


Sec. 63.1585  How does an industrial POTW treatment plant demonstrate 
compliance?

    (a) An existing industrial POTW treatment plant demonstrates 
compliance by operating treatment and control devices which meet all

[[Page 57580]]

requirements specified in the appropriate industrial NESHAP(s). 
Requirements may include performance tests, routine monitoring, 
recordkeeping, and reporting.
    (b) If you have a new or reconstructed industrial POTW plant, you 
must first determine whether the control requirements set forth in the 
applicable industrial NESHAP(s) or the control requirements applicable 
to a new or reconstructed nonindustrial POTW under Sec. 63.1586 would 
require more stringent overall control of HAP emissions. You must then 
meet whichever set of requirements is more stringent. If you determine 
that the controls required by the applicable industrial NESHAP(s) are 
more stringent, you demonstrate compliance by operating treatment and 
control devices which meet all requirements specified in those 
industrial NESHAP(s). If you determine that the controls required for a 
new or reconstructed nonindustrial POTW are more stringent, you 
demonstrate compliance by meeting all requirements in Secs. 63.1586 
through 63.1590.

Non-industrial POTW Treatment Plant Requirements


Sec. 63.1586  What are the emission points and control requirements for 
a non-industrial POTW treatment plant?

    There are no control requirements for an existing non-industrial 
POTW treatment plant. The control requirements for a new or 
reconstructed non-industrial POTW treatment plant are as follows:
    (a) Covers on the emission points up to, but not including, the 
secondary influent pumping station or the secondary treatment units. 
These emission points are treatment units that include, but are not 
limited to, influent waste stream conveyance channels, bar screens, 
grit chambers, grinders, pump stations, aerated feeder channels, 
primary clarifiers, primary effluent channels, and primary screening 
stations. In addition, all covered units, except primary clarifiers, 
must have the air in the headspace ducted to a control device in 
accordance with the standards for closed-vent systems and control 
devices in Sec. 63.693 of subpart DD of this part, except you may 
substitute visual inspections for leak checks rather than Method 21 of 
Appendix A of part 60 of this chapter. Reconstructed is defined in 
Sec. 63.1595.
    (1) Covers must be tightly fitted and designed and operated to 
minimize exposure of the wastewater to the atmosphere. This includes, 
but is not limited to, the absence of visible cracks, holes, or gaps in 
the roof sections or between the roof and the supporting wall; broken, 
cracked, or otherwise damaged seals or gaskets on closure devices; and 
broken or missing hatches, access covers, caps, or other closure 
devices.
    (2) If wastewater is in a treatment unit, each opening must be 
maintained in a closed, sealed position, unless plant personnel are 
present and conducting wastewater or sludge sampling, or equipment 
inspection, maintenance, or repair.
    (b) As an alternative to the requirements in paragraph (a) of this 
section, you may comply by demonstrating, for all units up to the 
secondary influent pumping station or the secondary treatment units, 
that the fraction emitted does not exceed 0.014. You must demonstrate 
that for your POTW, the sum of all HAP emissions from those units 
divided by the sum of all HAP mass loadings results in a annual rolling 
average of the fraction emitted no greater than 0.014. You may use any 
combination of pretreatment, wastewater treatment plant modifications, 
and control devices to achieve this performance standard; however, you 
must demonstrate, to the Administrator's satisfaction that:
    (1) You have accurately determined your POTW's annual HAP mass 
loadings and your POTW's annual HAP emissions as of the date of start-
up;
    (2) Your POTW meets the fraction emitted standard of 0.014 or less; 
and
    (3) Your POTW has established procedures to demonstrate continuous 
compliance which are consistent with the criteria set forth in 
Sec. 63.1588(c)(4).


Sec. 63.1587  When do I have to comply?

    If your POTW treatment plant began construction on or after 
December 1, 1998, you must comply with all provisions of this subpart 
either immediately upon startup, or by six months after October 26, 
1999, whichever date is later.


Sec. 63.1588  What inspections must I conduct?

    (a) If your treatment units are required to have covers, you must 
conduct the following inspections:
    (1) You must visually check the cover and its closure devices for 
defects that could result in air emissions. Defects include, but are 
not limited to, visible cracks, holes, or gaps in the roof sections or 
between the roof and the supporting wall; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (2) You must perform an initial visual inspection with follow-up 
inspections at least once per year.
    (3) In the event that you find a defect on a treatment unit in use, 
you must repair the defect within 45 days. If you cannot repair within 
45 days, you must notify the EPA or the designated State authority 
immediately and report the reason for the delay and the date you expect 
to complete the repair. If you find a defect on a treatment unit that 
is not in service, you must repair the defect prior to putting the 
treatment unit back in wastewater service.
    (b) If you own or operate a control device used to meet the 
requirements for Sec. 63.1586, you must comply with the inspection and 
monitoring requirements of Sec. 63.695(c) of subpart DD of this part.
    (c) To comply with the performance standard specified in 
Sec. 63.1586(b), you must develop an inspection and monitoring plan. 
This inspection and monitoring plan must include, at a minimum, the 
following:
    (1) A method to determine, to the satisfaction of the 
Administrator, the influent HAP mass loading, i.e., the annual mass 
quantity for each HAP entering the wastewater treatment plant.
    (2) A method to determine, to the satisfaction of the 
Administrator, your POTW's annual HAP emissions for all units up to and 
including the secondary influent pumping station or up to and not 
including the secondary treatment units as of October 26, 1999. The 
method you use to determine your HAP emissions, such as modeling or 
direct source measurement, must:
    (i) Be approved by your EPA Regional Office, State, or local 
regulatory agency for use at your POTW;
    (ii) Account for all factors affecting emissions from your plant 
including, but not limited to, emissions from wastewater treatment 
units; emissions resulting from inspection, maintenance, and repair 
activities; fluctuations (e.g., daily, monthly, annual, seasonal) in 
your influent wastewater HAP concentrations; annual industrial loading; 
performance of control devices; or any other factors that could affect 
your annual HAP emissions; and
    (iii) Include documentation that the values and sources of all 
data, operating conditions, assumptions, etc., used in your method 
result in an accurate estimation of annual emissions from your plant.
    (3) Documentation, to the satisfaction of the Administrator, that 
your POTW meets the fraction emitted standard of 0.014 or less, i.e., 
the sum of all HAP emissions from paragraph (c)(2) of this section 
divided by the sum of all HAP mass loadings from paragraph (c)(1) of

[[Page 57581]]

this section results in a fraction emitted of 0.014 or less as 
described in paragraph (c)(4) of this section.
    (4) A method to demonstrate, to the satisfaction of the 
Administrator, that your POTW is in continuous compliance with the 
requirements of Sec. 63.1586(b). Continuous compliance means that your 
emissions, when averaged over the course of a year, do not exceed the 
level of emissions that allows your POTW to comply with 
Sec. 63.1586(b). For example, you may identify a parameter(s) that you 
can monitor that assures your emissions, when averaged over the entire 
year, will meet the requirements in Sec. 63.1586(b). Some example 
parameters that may be considered for monitoring include your 
wastewater influent HAP concentration and flow, industrial loading from 
your permitted industrial dischargers, and your control device 
performance criteria. Where emission reductions are due to proper 
operation of equipment, work practices, or other operational 
procedures, your demonstration must specify the frequency of 
inspections and the number of days to completion of repairs. You must, 
at a minimum, perform the following each month to demonstrate that your 
annual rolling average of the fraction emitted is 0.014 or less:
    (i) Determine the average daily flow of the wastewater entering 
your POTW treatment plant for the month;
    (ii) Determine the flow-weighted monthly concentration of each HAP 
in your influent listed in Table 1 to subpart DD of this part;
    (iii) Using the current month's information in paragraphs (c)(4)(i) 
and (ii) of this section, determine a total annual loading (Mg/year) of 
each HAP entering your POTW treatment plant;
    (iv) Sum up the values in paragraph (c)(4)(iii) of this section and 
determine a total annual loading value (Mg/year) for all HAP entering 
your POTW treatment plant for the current month;
    (v) Based on the current month's information in paragraph 
(c)(4)(iii) of this section along with source testing and emission 
modeling, for each HAP, determine annual emissions (Mg/year) from all 
wastewater units up to, but not including, secondary treatment units;
    (vi) Sum up the values in paragraph (c)(4)(v) of this section and 
determine the total annual emissions value for the month for all HAP 
from all wastewater units up to, but not including, secondary treatment 
units;
    (vii) Calculate the fraction emitted value for the month by 
dividing the total annual HAP emissions value from paragraph (c)(4)(vi) 
of this section by the total annual loading from paragraph (c)(4)(iv) 
of this section; and
    (viii) Average the fraction emitted value for the month determined 
in paragraph (c)(4)(vii) of this section, with the values determined 
for the previous 11 months, to calculate an annual rolling average of 
the fraction HAP emitted.


Sec. 63.1589  What records must I keep?

    (a) To comply with the equipment standard specified in 
Sec. 63.1586(b), you must prepare and maintain the following records:
    (1) A record for each treatment unit inspection required by 
Sec. 63.1588(a). You must include a treatment unit identification 
number (or other unique identification description as selected by you) 
and the date of inspection.
    (2) For each defect detected during inspections required by 
Sec. 63.1588(a), you must record the location of the defect, a 
description of the defect, the date of detection, the corrective action 
taken to repair the defect, and the date the repair to correct the 
defect is completed.
    (3) In the event that repair of the defect is delayed, in 
accordance with the provisions of Sec. 63.1588(a), you must also record 
the reason for the delay and the date you expect to complete the 
repair.
    (4) If you own or operate a control device used to meet the 
requirements for Sec. 63.1586, you must comply with the recordkeeping 
requirements of Sec. 63.696(a), (b), (g), and (h).
    (b) To comply with the performance standard specified in 
Sec. 63.1586(b), you must prepare and maintain the following records:
    (1) A record of the methods and data used to determine your POTW's 
annual HAP emissions as determined in Sec. 63.1588(c);
    (2) A record of the methods and data used to determine that your 
POTW meets the fraction emitted standard of 0.014 or less, as 
determined in Sec. 63.1588(c); and
    (3) A record of the methods and data that demonstrates that your 
POTW is in continuous compliance with the requirements of 
Sec. 63.1588(c).


Sec. 63.1590  What reports must I submit?

    (a)(1) If you have an existing nonindustrial POTW treatment plant, 
you are not required to submit a notification of compliance status. If 
you have a new or reconstructed nonindustrial POTW treatment plant, you 
must submit to the Administrator a notification of compliance status, 
signed by the responsible official who must certify its accuracy, 
attesting to whether your POTW treatment plant has complied with this 
subpart. This notification must be submitted initially, and each time a 
notification of compliance status is required under this subpart. At a 
minimum, the notification must list--
    (i) The methods that were used to determine compliance;
    (ii) The results of any monitoring procedures or methods that were 
conducted;
    (iii) The methods that will be used for determining continuing 
compliance;
    (iv) The type and quantity of HAP emitted by your POTW treatment 
plant;
    (v) A description of the air pollution control equipment (or 
method) for each emission point; and
    (vi) Your statement that your POTW treatment plant has complied 
with this subpart.
    (2) You must send this notification before the close of business on 
the 60th day following the completion of the relevant compliance 
demonstration activity specified in this subpart.
    (b) After you have been issued a title V permit, you must comply 
with all requirements for compliance status reports contained in your 
title V permit, including reports required under this subpart. After 
you have been issued a title V permit, and each time a notification of 
compliance status is required under this subpart, you must submit the 
notification of compliance status to the appropriate permitting 
authority, as described in Sec. 63.1580(d), following completion of the 
relevant compliance demonstration activity specified in this subpart.
    (c) You must comply with the delay of repair reporting required in 
Sec. 63.1588(a).
    (d) If your State has not been delegated authority, you must submit 
reports to your EPA Regional Office. If your State has been delegated 
authority, you must submit reports to your delegated State authority, 
and you must send a copy of each report submitted to the State to your 
EPA Regional Office. Your EPA Regional Office, at its discretion, may 
waive this requirement for any reports.
    (e) You may apply to the Administrator for a waiver of 
recordkeeping and reporting requirements by complying with the 
requirements of Sec. 63.10(f) of subpart A of this part.
    (f) If you own or operate a control device used to meet the 
requirements of Sec. 63.1586(a), you must submit the reports required 
by Sec. 63.697(b) of subpart DD of this part, including a notification 
of performance tests; a performance test report; a startup,

[[Page 57582]]

shutdown, and malfunction report; and a summary report.
    (g) To comply with the performance standard specified in 
Sec. 63.1586(b), you must submit, for approval by the Administrator, an 
initial report explaining your compliance approach 90 days prior to 
beginning operation of your new or reconstructed POTW. You must also 
submit a startup, shutdown, and malfunction report.

General Requirements


Sec. 63.1591  What are my notification requirements?

    (a) If you are subject to this subpart, and your State has not been 
delegated authority, you must submit notifications to the appropriate 
EPA Regional Office. If your State has been delegated authority you 
must submit notifications to your State and a copy of each notification 
to the appropriate EPA Regional Office. The Regional Office may waive 
this requirement for any notifications at its discretion.
    (b) You must notify the Administrator in writing no later than 120 
calendar days after the effective date of this subpart (or within 120 
calendar days after your POTW treatment plant becomes subject to the 
relevant standard), and you must provide the following information:
    (1) Your name and address;
    (2) The address (i.e., physical location) of your POTW treatment 
plant;
    (3) An identification of these standards as the basis of the 
notification and your POTW treatment plant's compliance date; and
    (4) A brief description of the nature, size, design, and method of 
operation of your POTW treatment plant, including its operating design 
capacity and an identification of each point of emission for each HAP, 
or if a definitive identification is not yet possible, a preliminary 
identification of each point of emission for each HAP.
    (c) You must notify the Administrator if your data show that you 
are no longer in continuous compliance.


Sec. 63.1592  Which General Provisions apply to my POTW treatment 
plant?

    Table 1 to this subpart lists the General Provisions (40 CFR part 
63, subpart A) which apply to POTW treatment plants.


Sec. 63.1593  How will the EPA determine if I am in compliance with 
this subpart?

    (a) The Administrator will determine compliance with this subpart 
by reviewing your reports and records or by inspecting your POTW 
treatment plant.
    (b) If you fail to comply with any or all of the provisions of this 
subpart, you will be considered in violation of this subpart. For 
example, failure to perform any or all of the following, specified in 
Sec. 63.1588, would be a violation: failure to visually inspect the 
cover on your treatment unit, failure to repair a defect on a treatment 
unit in use within the specified time period, failure to report a delay 
in repair, failure to determine your POTW's annual HAP emissions when 
your new or reconstructed POTW becomes subject to this subpart, failure 
to demonstrate that your POTW achieves an HAP fraction emitted of 
0.014, or failure to demonstrate that your POTW is in continuous 
compliance with the requirements of Sec. 63.1586(b).
    (c) Your POTW treatment plant may be exempted from compliance with 
this subpart if the President determines that the technology to 
implement these standards is not available, and that it is in the 
national security interests of the United States to do so. This 
exemption may last for up to 2 years at a time and may be extended for 
additional periods of up to 2 years each.


Sec. 63.1594  Who enforces this subpart?

    If the Administrator has delegated authority to your State, then 
the State enforces this subpart. If the Administrator has not delegated 
authority to your State, then the EPA Regional Office enforces this 
subpart.


Sec. 63.1595  List of definitions.

    Affected source means the group of all equipment that comprise the 
POTW treatment plant.
    Area source means any stationary source of HAP that is not a major 
source.
    Cover means a device that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
waste material managed in a treatment unit. A cover may have openings 
(such as access hatches, sampling ports, gauge wells) that are 
necessary for operation, inspection, maintenance, and repair of the 
treatment unit on which the cover is used. A cover may be a separate 
piece of equipment which can be detached and removed from the treatment 
unit, or a cover may be formed by structural features permanently 
integrated into the design of the treatment unit. The cover and its 
closure devices must be made of suitable materials that will minimize 
exposure of the waste material to the atmosphere, to the extent 
practical, and will maintain the integrity of the cover and its closure 
devices throughout its intended service life.
    Fraction emitted means the fraction of the mass of HAP entering the 
POTW wastewater treatment plant which is emitted prior to secondary 
treatment. The value is calculated using the following steps:
    (1) Determine mass emissions from all equipment up to but not 
including secondary treatment for each HAP listed in Table 1 to subpart 
DD of this part;
    (2) Sum the HAP emissions ();
    (3) sum the HAP mass loadings (L) in the influent to the 
POTW wastewater treatment plant; and
    (4) Calculate the fraction emitted (femonthly) using 
femonthly=E/L.
    HAP means hazardous air pollutant(s).
    Industrial POTW means a POTW that accepts a waste stream regulated 
by an industrial NESHAP and provides treatment and controls as an agent 
for the industrial discharger. The industrial discharger complies with 
its NESHAP by using the treatment and controls located at the POTW. For 
example, an industry discharges its benzene-containing waste stream to 
the POTW for treatment to comply with 40 CFR part 61, Subpart FF--
National Emission Standard for Benzene Waste Operations. This 
definition does not include POTW treating waste streams not 
specifically regulated under another NESHAP.
    Industrial user means a nondomestic source introducing any 
pollutant or combination of pollutants into a POTW. Industrial users 
can be commercial or industrial facilities whose wastes enter local 
sewers.
    Non-industrial POTW means a POTW that does not meet the definition 
of an industrial POTW as defined above.
    Publicly owned treatment works (POTW) means a treatment works, as 
that term is defined by section 112(e)(5) of the Clean Air Act, which 
is owned by a municipality (as defined by section 502(4) of the Clean 
Water Act), a State, an intermunicipal or interstate agency, or any 
department, agency, or instrumentality of the Federal Government. This 
definition includes any intercepting sewers, outfall sewers, sewage 
collection systems, pumping, power, and other equipment. The wastewater 
treated by these facilities is generated by industrial, commercial, and 
domestic sources. As used in this regulation, the term POTW refers to 
both any publicly owned treatment works which is owned by a State, 
municipality, or intermunicipal or interstate agency and therefore 
eligible to receive grant assistance under the Subchapter II of the 
Clean Water Act, and any federally owned treatment works as that term 
is described in section 3023 of the Solid Waste Disposal Act.

[[Page 57583]]

    POTW treatment plant means that portion of the POTW which is 
designed to provide treatment (including recycling and reclamation) of 
municipal sewage and industrial waste.
    Reconstruction means the replacement of components of an affected 
or a previously unaffected stationary source such that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the relevant standard(s) established by 
the Administrator (or a State) pursuant to section 112 of the Act. Upon 
reconstruction, an affected source, or a stationary source that becomes 
an affected source, is subject to relevant standards for new sources, 
including compliance dates, irrespective of any change in emissions of 
HAP from that source.
    Secondary treatment means treatment processes, typically 
biological, designed to reduce the concentrations of dissolved and 
colloidal organic matter in wastewater.
    Waste and wastewater means a material, or spent or used water or 
waste, generated from residential, industrial, commercial, mining, or 
agricultural operations or from community activities that contain 
dissolved or suspended matter, and that is discarded, discharged, or is 
being accumulated, stored, or physically, chemically, thermally, or 
biologically treated in a publicly owned treatment works.

            Table 1 to Subpart VVV--Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
----------------------------------------------------------------------------------------------------------------
       General provisions  reference              Applicable to  subpart VVV                Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.................................  ...................................  APPLICABILITY.
Sec.  63.1(a)(1)...........................  Yes................................  Terms defined in CAAA.
Sec.  63.1(a)(2)...........................  Yes................................  General applicability
                                                                                   explanation.
Sec.  63.1(a)(3)...........................  Yes................................  Cannot diminish a stricter
                                                                                   NESHAP.
Sec.  63.1(a)(4)...........................  Yes................................  Not repetitive. Doesn't apply
                                                                                   to section 112(r).
Sec.  63.1(a)(5)...........................  Yes................................  Section reserved.
Sec.  63.1(a)(6)-(8).......................  Yes................................  Contacts and authorities.
Sec.  63.1(a)(9)...........................  Yes................................  Section reserved.
Sec.  63.1(a)(10)..........................  Yes................................  Time period definition.
Sec.  63.1(a)(11)..........................  Yes................................  Postmark explanation.
Sec.  63.1(a)(12)-(14).....................  Yes................................  Time period changes.
                                                                                   Regulation conflict. Force
                                                                                   and effect of subpart A.
Sec.  63.1(b)(1)...........................  Yes................................  Initial applicability
                                                                                   determination of subpart A.
Sec.  63.1(b)(2)...........................  Yes................................  Operating permits by States.
Sec.  63.1(b)(3)...........................  No.................................  Subpart VVV specifies
                                                                                   recordkeeping of records of
                                                                                   applicability determination.
Sec.  63.1(c)(1)...........................  Yes................................  Requires compliance with both
                                                                                   subpart A and subpart VVV.
Sec.  63.1(c)(2)(i)........................  Yes................................  State options regarding title
                                                                                   V permit.
Sec.  63.1(c)(2)(ii)-(iii).................  No.................................  State options regarding title
                                                                                   V permit.
Sec.  63.1(c)(3)...........................  Yes................................  Section reserved.
Sec.  63.1(c)(4)...........................  Yes................................  Extension of compliance.
Sec.  63.1(c)(5)...........................  No.................................  Subpart VVV addresses area
                                                                                   sources becoming major due to
                                                                                   increase in emissions.
Sec.  63.1(d)..............................  Yes................................  Section reserved.
Sec.  63.1(e)..............................  Yes................................  Title V permit before a
                                                                                   relevant standard is
                                                                                   established.
Sec.  63.2.................................  Yes................................  DEFINITIONS.
Sec.  63.3.................................  Yes................................  UNITS AND ABBREVIATIONS.
Sec.  63.4.................................  ...................................  PROHIBITED ACTIVITIES AND
                                                                                   CIRCUMVENTION.
Sec.  63.4(a)(1)-(3).......................  Yes................................  Prohibits operation in
                                                                                   violation of subpart A.
Sec.  63.4(a)(4)...........................  Yes................................  Section reserved.
Sec.  63.4(a)(5)...........................  Yes................................  Compliance dates.
Sec.  63.4(b)..............................  Yes................................  Circumvention.
Sec.  63.4(c)..............................  Yes................................  Severability.
Sec.  63.5.................................  ...................................  CONSTRUCTION AND
                                                                                   RECONSTRUCTION.
Sec.  63.5(a)(1)...........................  Yes................................  Construction and
                                                                                   reconstruction.
Sec.  63.5(a)(2)...........................  Yes................................  New source--effective dates.
Sec.  63.5(b)(1)...........................  Yes................................  New sources subject to
                                                                                   relevant standards.
Sec.  63.5(b)(2)...........................  Yes................................  Section reserved.
Sec.  63.5(b)(3)...........................  Yes................................  No new major sources w/out
                                                                                   Administrator approval.
Sec.  63.5(b)(4)...........................  Yes................................  New major source notification.
Sec.  63.5(b)(5)...........................  Yes................................  New major sources must comply.
Sec.  63.5(b)(6)...........................  Yes................................  New equipment added considered
                                                                                   part of major source.
Sec.  63.5(c)..............................  Yes................................  Section reserved.
Sec.  63.5(d)(1)...........................  Yes................................  Implementation of section
                                                                                   112(I)(2)--application of
                                                                                   approval of new source
                                                                                   construction.
Sec.  63.5(d)(2)...........................  Yes................................  Application for approval of
                                                                                   construction for new sources
                                                                                   listing and describing
                                                                                   planned air pollution control
                                                                                   system.
Sec.  63.5(d)(3)...........................  Yes................................  Application for
                                                                                   reconstruction.
Sec.  63.5(d)(4)...........................  Yes................................  Administrator may request
                                                                                   additional information.
Sec.  63.5(e)..............................  Yes................................  Approval of reconstruction.
Sec.  63.5(f)(1)...........................  Yes................................  Approval based on State
                                                                                   review.

[[Page 57584]]

 
Sec.  63.5(f)(2)...........................  Yes................................  Application deadline.
Sec.  63.6.................................  ...................................  COMPLIANCE WITH STANDARDS AND
                                                                                   MAINTENANCE REQUIREMENTS.
Sec.  63.6(a)..............................  Yes................................  Applicability of compliance
                                                                                   with standards and
                                                                                   maintenance requirements.
Sec.  63.6(b)..............................  Yes................................  Compliance dates for new and
                                                                                   reconstructed sources.
Sec.  63.6(c)..............................  Yes................................  Compliance dates for existing
                                                                                   sources apply to existing
                                                                                   industrial POTW treatment
                                                                                   plants.
Sec.  63.6(d)..............................  Yes................................  Section reserved.
Sec.  63.6(e)..............................  Yes................................  Operation and maintenance
                                                                                   requirements apply to new
                                                                                   sources.
Sec.  63.6(f)..............................  Yes................................  Compliance with non-opacity
                                                                                   emission standards applies to
                                                                                   new sources.
Sec.  63.6(g)..............................  Yes................................  Use of alternative non-opacity
                                                                                   emission standards applies to
                                                                                   new sources.
Sec.  63.6(h)..............................  No.................................  POTW treatment plants do not
                                                                                   typically have visible
                                                                                   emissions.
Sec.  63.6(i)..............................  Yes................................  Extension of compliance with
                                                                                   emission standards applies to
                                                                                   new sources.
Sec.  63.6(j)..............................  Yes................................  Presidential exemption from
                                                                                   compliance with emission
                                                                                   standards.
Sec.  63.7.................................  ...................................  PERFORMANCE TESTING
                                                                                   REQUIREMENTS.
Sec.  63.7(a)..............................  Yes................................  Performance testing is
                                                                                   required for new sources.
Sec.  63.7(b)..............................  Yes................................  New sources must notify the
                                                                                   Administrator of intention to
                                                                                   conduct performance testing.
Sec.  63.7(c)..............................  Yes................................  New sources must comply with
                                                                                   quality assurance program
                                                                                   requirements.
Sec.  63.7(d)..............................  Yes................................  New sources must provide
                                                                                   performance testing
                                                                                   facilities at the request of
                                                                                   the Administrator.
Sec.  63.7(e)..............................  Yes................................  Requirements for conducting
                                                                                   performance tests apply to
                                                                                   new sources.
Sec.  63.7(f)..............................  Yes................................  New sources may use an
                                                                                   alternative test method.
Sec.  63.7(g)..............................  Yes................................  Requirements for data
                                                                                   analysis, recordkeeping, and
                                                                                   reporting associated with
                                                                                   performance testing apply to
                                                                                   new sources.
Sec.  63.7(h)..............................  Yes................................  New sources may request a
                                                                                   waiver of performance tests.
Sec.  63.8.................................  ...................................  MONITORING REQUIREMENTS.
Sec.  63.8(a)..............................  Yes................................  Applicability of monitoring
                                                                                   requirements.
Sec.  63.8(b)..............................  Yes................................  Monitoring shall be conducted
                                                                                   by new sources.
Sec.  63.8(c)..............................  Yes................................  New sources shall operate and
                                                                                   maintain continuous
                                                                                   monitoring systems (CMS).
Sec.  63.8(d)..............................  Yes................................  New sources must develop and
                                                                                   implement a CMS quality
                                                                                   control program.
Sec.  63.8(e)..............................  Yes................................  New sources may be required to
                                                                                   conduct a performance
                                                                                   evaluation of CMS.
Sec.  63.8(f)..............................  Yes................................  New sources may use an
                                                                                   alternative monitoring
                                                                                   method.
Sec.  63.8(g)..............................  Yes................................  Requirements for reduction of
                                                                                   monitoring data.
Sec.  63.9.................................  ...................................  NOTIFICATION REQUIREMENTS.
Sec.  63.9(a)..............................  Yes................................  Applicability of notification
                                                                                   requirements.
Sec.  63.9(b)..............................  Yes................................  Initial notification
                                                                                   requirements.
Sec.  63.9(c)..............................  Yes................................  Request for extension of
                                                                                   compliance with subpart VVV.
Sec.  63.9(d)..............................  Yes................................  Notification that source is
                                                                                   subject to special compliance
                                                                                   requirements as specified in
                                                                                   Sec.  63.6(b)(3) and (4).
Sec.  63.9(e)..............................  Yes................................  Notification of performance
                                                                                   test.
Sec.  63.9(f)..............................  No.................................  POTW treatment plants do not
                                                                                   typically have visible
                                                                                   emissions.
Sec.  63.9(g)..............................  Yes................................  Additional notification
                                                                                   requirements for sources with
                                                                                   continuous emission
                                                                                   monitoring systems.
Sec.  63.9(h)..............................  Yes................................  Notification of compliance
                                                                                   status when the source
                                                                                   becomes subject to subpart
                                                                                   VVV.
Sec.  63.9(i)..............................  Yes................................  Adjustments to time periods or
                                                                                   postmark deadlines or
                                                                                   submittal and review of
                                                                                   required communications.
Sec.  63.9(j)..............................  Yes................................  Change of information already
                                                                                   provided to the
                                                                                   Administrator.
Sec.  63.10................................  ...................................  RECORDKEEPING AND REPORTING
                                                                                   REQUIREMENTS.
Sec.  63.10(a).............................  Yes................................  Applicability of notification
                                                                                   and reporting requirements.
Sec.  63.10(b)(1)-(2)......................  Yes................................  General recordkeeping
                                                                                   requirements.
Sec.  63.10(b)(3)..........................  No.................................  Recording requirement for
                                                                                   applicability determination.
Sec.  63.10(c).............................  Yes................................  Additional recordkeeping
                                                                                   requirements for sources with
                                                                                   continuous monitoring
                                                                                   systems.
Sec.  63.10(d).............................  Yes................................  General reporting
                                                                                   requirements.
Sec.  63.10(e).............................  Yes................................  Additional reporting
                                                                                   requirements for sources with
                                                                                   continuous monitoring
                                                                                   systems.
Sec.  63.10(f).............................  Yes................................  Waiver of recordkeeping and
                                                                                   reporting requirements.
Sec.  63.11................................  ...................................  FLARES AS A CONTROL DEVICE.
Sec.  63.11(a) and (b).....................  Yes................................  If a new source uses flares to
                                                                                   comply with the requirements
                                                                                   of subpart VVV, the
                                                                                   requirements of Sec.  63.11
                                                                                   apply.
Sec.  63.12................................  Yes................................  STATE AUTHORITY AND
                                                                                   DESIGNATION.
Sec.  63.13................................  Yes................................  ADDRESSES OF STATE AIR
                                                                                   POLLUTION CONTROL AGENCIES
                                                                                   AND EPA REGIONAL OFFICES.

[[Page 57585]]

 
Sec.  63.14................................  Yes................................  INCORPORATION BY REFERENCE.
Sec.  63.15................................  Yes................................  AVAILABILITY OF INFORMATION
                                                                                   AND CONFIDENTIALITY.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-27799 Filed 10-25-99; 8:45 am]
BILLING CODE 6560-50-P