[Federal Register Volume 64, Number 224 (Monday, November 22, 1999)]
[Rules and Regulations]
[Pages 63695-63702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30230]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6478-6]
RIN 2060-AI53
National Emission Standards for Hazardous Air Pollutants: Generic
Maximum Achievable Control Technology (Generic MACT); Process
Wastewater Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendments.
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SUMMARY: On June 29, 1999 (64 FR 34854), we promulgated a consolidated
rulemaking that included standards for four specific source categories
(i.e., acetal resins (AR), acrylic and modacrylic fiber (AMF), hydrogen
fluoride (HF) and polycarbonate (PC) production), and general control
requirements for certain types of emission points for hazardous air
pollutants (HAP).
At the time of promulgation of the consolidated rulemaking, we
deferred taking final action regarding provisions applicable to
wastewater streams for the AR, AMF, and PC production source categories
based on a need to propose significant changes to the wastewater
provisions that were proposed on October 14, 1998 (63 FR 55178). The HF
production source category does not have wastewater streams. In
parallel with the promulgated consolidated rulemaking package, we
published a supplemental notice of proposed rulemaking regarding
wastewater provisions (64 FR 34950) applicable to wastewater streams
for the AR, AMF, and PC production source categories and reopened the
public comment period regarding those proposed wastewater provisions.
Today's action promulgates wastewater provisions amendments
applicable to wastewater streams for the AR, AMF, and PC production
source categories based on our response to comments received on the
wastewater provisions proposed on June 29, 1999 (64 FR 34950).
EFFECTIVE DATE: November 22, 1999.
ADDRESSES: Docket No. A-97-17 contains supporting information used in
developing the standards. The docket is located at the U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460
in room M-1500, Waterside Mall (ground floor), and may be inspected
from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: For information concerning the final
wastewater provision amendments, contact David W. Markwordt at the
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number
(919) 541-0837, facsimile (919) 541-0942, e-mail address
markwordt.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Docket
The docket is an organized and complete file of all the information
considered by the EPA in the development of this rulemaking. The docket
is a dynamic file because material is added throughout the rulemaking
process. The docketing system is intended to allow members of the
public and industries involved to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the proposed and promulgated standards and their preambles,
the contents of the docket will serve as the record in the case of
judicial review. (See section 307(d)(7)(A) of the Clean Air Act (Act).)
The regulatory text and other materials related to this rulemaking are
available for review in the docket or copies may be mailed on request
from the Air Docket by calling (202) 260-7548. A reasonable fee may be
charged for copying docket materials.
Technical Support Document.
The wastewater amendments promulgated today are supported by a
supplementary information memorandum that contains a summary of the
public comments received on the proposed wastewater provision
amendments and our response to those comments. This memorandum may be
obtained from the docket for this rule, A-97-17 (see Docket). The title
of the memorandum is ``Generic Maximum Achievable Control Technology--
Supplementary Information for Acetal Resins, Acrylic and Modacrylic
Fiber, and Polycarbonate Production Wastewater Provisions.'' The
Supplementary Notice of Proposed Rulemaking (SNPR), the promulgated
regulatory text, and supporting documentation are available in Docket
No. A-97-17 or by request from our Air and Radiation Docket and
Information Center (see ADDRESSES).
Technology Transfer Network
In addition to being available in the docket, an electronic copy of
today's amendments is also available through the Technology Transfer
Network (TTN). Following signature, a copy of the rule will be posted
on the TTN's policy and guidance page for newly proposed or promulgated
rules http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control. If more
information regarding the TTN is needed, call the TTN HELP line at
(919) 541-5384.
Plain Language
In compliance with President Clinton's June 1, 1998 Executive
Memorandum on Plain Language in government writing, this preamble is
written using plain language. Thus, the use of ``we'' in this notice
refers to the EPA. The use of ``you'' refers to the reader, and may
include industry; State, local, and tribal governments; environmental
groups; and other interested individuals.
Regulated Entities
Entities potentially regulated are those that produce AR, AMF, and
PC and are major sources of HAP as defined in section 112 of the Act.
Regulated categories and entities include:
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Category Regulated entities a
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Industry.......................... Producers of homopolymers and/or
copolymers of alternating
oxymethylene units.
Producers of either acrylic fiber or
modacrylic fiber synthetics
composed of acrylonitrile (AN)
units.
[[Page 63696]]
Producers of polycarbonate.
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a This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your facility, company, business, organization, etc., is
regulated by this action, you should carefully examine the
applicability criteria in Sec. 63.1104(a)(1), (b)(1), (c)(1), and
(d)(1) of the rule. If you have questions regarding the applicability
of this action to a particular entity, consult the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
Judicial review. Under section 307(b)(1) of the Act, judicial
review of these final wastewater provision amendments is available only
by filing a petition for review in the United States Court of Appeals
for the District of Columbia Circuit by January 21, 2000. Under section
307(d)(7)(B) of the Act, only an objection to these wastewater
provisions amendments which was raised with reasonable specificity
during the period for public comment can be raised during judicial
review. Moreover, under section 307(b)(2) of the Act, the requirements
established by today's final action may not be challenged separately in
any civil or criminal proceeding we bring to enforce these
requirements.
I. What Is the Background for These Wastewater Provision
Amendments?
On June 29, 1999 (64 FR 34854), we promulgated a consolidated
rulemaking that included generic MACT standards under section 112 of
the Act for certain small source categories consisting of five or fewer
sources. At that time, we proposed amendments to the provisions
applicable to wastewater and certain liquid streams in open systems and
deferred taking final action on those provisions until now. Today's
action finalizes these amendments based on comments received on the
proposed amendments and our response to those comments.
II. Compliance Dates
The compliance dates for the standards promulgated on June 29, 1999
(64 FR 34854) for the AR, AMF, and PC production source categories are
July 1, 2002 for existing sources and upon startup after June 29, 1999
for new sources. Additional compliance time is not warranted for
existing sources, and there have not been any new AR, AMF, and PC
production facilities that would warrant specifying a different
compliance date for new sources. Therefore, although we deferred action
on the wastewater provisions for the AR, AMF, and PC production source
categories, the dates for compliance with the wastewater provisions
adopted by this action will be the same as for the other provisions we
previously promulgated on June 29, 1999.
III. Comments Received on the Proposed Wastewater Provisions
Amendments
We received no major comments on the wastewater provisions
amendments proposed on June 29, 1999 (64 FR 34950). We have made
limited clarifying changes and some editorial changes in response to
comments received. Clarifying changes include (1) amending 40 CFR part
63, subpart YY by replacing the term ``chemical manufacturing process
unit'' and ``CMPU'' with the phrase ``a process unit whose primary
product is a product produced by a source category subject to this
subpart''; (2) amending 40 CFR part 63, subpart YY applicability tables
for process wastewater requirements to reflect that both Group 1 and
Group 2 wastewater streams are subject to requirements under
Sec. 63.1106(a); and (3) amending 40 CFR part 63, subpart YY to clarify
that when a source subject to this subpart is colocated with a
Synthetic Organic Chemical Manufacturing Industry (SOCMI) source, and a
single wastewater treatment facility treats similar wastewaters from
both sources, a certification by the treatment facility that they will
manage and treat the waste in conformity with the specific control
requirements set forth in 40 CFR 63.133 through 63.147 will also be
deemed sufficient to satisfy the certification requirements for the
generic MACT wastewater provisions.
A supplementary information memorandum that contains a summary of
the public comments received on the proposed wastewater provisions
amendments and our response to those comments may be obtained from the
docket for this rule, A-97-17 (see Docket).
IV. Summary of Final Wastewater Provisions Amendments
The final wastewater provisions amendments incorporate and cross-
reference wastewater provisions of the HON for the AR, AMF, and PC
production source categories. These final amendments respond to
comments received on the proposed wastewater provisions published on
October 14, 1998 (63 FR 55178), and the proposed amendments to those
provisions published on June 29, 1999 (64 FR 34950). In addition, these
final amendments reflect our original intent regarding ``point of
determination'' measurements and ``treatment and destruction''
requirements for process wastewater, and that requirements for
maintenance wastewater and liquid streams in open systems be included.
The final amendments for process wastewater, maintenance
wastewater, and liquid streams in open systems within the regulated
process unit directly refer to HON wastewater requirements. For process
wastewater, you are required to make a group determination for each
wastewater stream based on flow rate and organic HAP concentration. If
a process wastewater stream is determined to be Group 1, you must
comply with specific requirements for waste management units to
suppress emissions, and requirements to treat the wastewater streams to
reduce the organic HAP concentration. The suppression requirements in
the referenced sections of the HON are equivalent in stringency to the
wastewater requirements that were initially proposed on October 14,
1998 (63 FR 55178) for most emissions points associated with wastewater
streams.
The maintenance wastewater provisions require, for each maintenance
wastewater stream that contains organic HAP, that you develop and
follow procedures to manage wastewaters generated during maintenance
activities so that emissions are minimized. The provisions for liquid
streams in open systems apply to drain or drain hubs, manholes, lift
stations, trenches, pipes, oil/water separators, and tanks within the
regulated process unit, and require that you implement specific
emission reduction techniques for each type of equipment.
V. Summary of Impacts
We estimate that the impacts for air emissions will be negligible
because AR, AMF, and PC production affected sources that will be
subject to these requirements are already well controlled. Similarly,
water pollution and solid waste, and increases in energy use resulting
from the use of control devices will be negligible. Based on
[[Page 63697]]
previous impacts analyses associated with the application of the
control and recovery devices required under the standards and because
each of the three subject source categories have only five or fewer
major sources, we believe that there will be minimal, if any, adverse
environmental or energy impacts associated with the final amendments.
Likewise, based on available information, we estimate that the cost
and economic impacts of the final wastewater provisions amendments for
the three source categories being regulated will be insignificant or
minimal. The economic analyses for each of the three source categories
can be obtained from the docket (see Docket).
VI. Administrative Requirements
A. Paperwork Reduction Act
The information collection requirements associated with these
wastewater provisions amendments do not add to the promulgated rule
information collection requirements. The information collection
requirements of the promulgated rule for the generic MACT standards
were submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. Under
the promulgated rule, we prepared an Information Collection Request
(ICR) document (ICR No. 1750.01) and a copy may be obtained from Sandy
Farmer, OPPE Regulatory Information Division, U.S. Environmental
Protection Agency (2137), 401 M Street, SW, Washington, DC 20460, or by
calling (202) 260-2740. We may not conduct or sponsor, and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number. The OMB control numbers
for our regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
The OMB approved the information collection requirements for the AR,
AMF, and PC production source categories and assigned the OMB control
number 2060-0420 to the ICR. This approval expires September 30, 2002.
B. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a regulatory action is ``significant'' and therefore
subject to OMB review and the requirements of the Executive Order. The
Order defines ``significant regulatory action'' as one that is likely
to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The final wastewater provisions amendments for AR, AMF, and PC
production do not constitute a ``significant regulatory action'' as
defined under Executive Order 12866, and therefore, are not subject to
review by OMB.
C. Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' Under
Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to the Office of Management and Budget (OMB), in a
separately identified section of the preamble to the rule, a federalism
summary impact statement (FSIS). The FSIS must include a description of
the extent of EPA's prior consultation with State and local officials,
a summary of the nature of their concerns and the agency's position
supporting the need to issue the regulation, and a statement of the
extent to which the concerns of State and local officials have been
met. Also, when EPA transmits a draft final rule with federalism
implications to OMB for review pursuant to Executive Order 12866, EPA
must include a certification from the agency's Federalism Official
stating that EPA has met the requirements of Executive Order 13132 in a
meaningful and timely manner.
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
This rule has minimal direct affects on the 9 plants which are impacted
by this rule. This rule has even less impacts on States within which
the plants reside. Thus,the requirements of section 6 of the Executive
Order do not apply to this rule.
D. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act of 1996
Under the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601,
et seq.), as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), we are required to give special
consideration to the effect of Federal regulations on small entities
and to consider regulatory options that might mitigate any such
impacts.
Today's action is not subject to the requirements of the RFA as
modified by SBREFA because it does not impose any regulatory
requirements on small entities.
E. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), we must prepare a budgetary impact statement
to accompany any proposed or final rule that includes a Federal mandate
that may result in estimated costs to State, local, or tribal
governments in the aggregate, or to the private sector, of $100 million
or more in any 1 year. Under section 203, we are required to establish
a plan for obtaining input from and informing, educating, and advising
any small governments that may be significantly or uniquely affected by
the rule. Under section 205 of UMRA, we must identify and consider a
reasonable number of regulatory alternatives before promulgating a rule
for which a budgetary impact statement must be prepared. We are
required to select the
[[Page 63698]]
least burdensome alternative for State, local, and tribal governments
and the private sector that achieves the objectives of the rule, unless
we explain why this alternative is not selected or unless the selection
of this alternative is inconsistent with law.
Because the promulgated rule and these final amendments to the rule
do not include a Federal mandate and are estimated to result in
expenditures less than $100 million in any 1 year by State, local, and
tribal governments, we have not prepared a budgetary impact statement
or specifically addressed the selection of the least costly, most cost-
effective, or least burdensome alternative. In addition, because small
governments would not be significantly or uniquely affected by this
rule, we are not required to develop a plan with regard to small
governments. Therefore, the requirements of the UMRA do not apply to
this action.
F. National Technology Transfer and Advancement Act
Under section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15
U.S.C. 272 note), we are directed to use voluntary consensus standards
instead of government-unique standards in our regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. By doing so, the Act is intended to reduce the cost to the
private and public sectors.
Voluntary consensus standards are technical standards (e.g.,
materials specifications, test methods, sampling procedures, business
practices, etc.) that are developed or adopted by voluntary consensus
standard bodies. We are required by the NTTAA to provide Congress,
through OMB, explanations when we decide not to use available and
applicable voluntary consensus standards.
As part of a larger effort, we are undertaking a project to cross-
reference existing voluntary consensus standards on testing, sampling,
and analysis, with current and future EPA test methods. When completed,
this project will assist us in identifying potentially-applicable
voluntary consensus standards that can then be evaluated for
equivalency and applicability in determining compliance with future
regulations.
This action does not involve the promulgation of any new technical
standards. It does, however, cross-reference existing technical
standards, including government-unique technical standards that have
been proposed and promulgated under other rulemakings for similar
source control applicability and compliance determinations, therefore
section 12(d) does not apply.
G. Executive Order 13045
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that we determine (1) is economically
significant as defined under Executive Order 12866, and (2) the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, we must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives we considered.
This amendatory action is not subject to Executive Order 13045
because it does not constitute an economically significant regulatory
action as defined by Executive Order 12866 and because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13084
Under Executive Order 13084, we may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
cost incurred by the tribal governments, or we consult with those
governments. If we comply by consulting, we are required to provide to
OMB, in a separately identified section of the preamble to the rule, a
description of the extent of our prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, we are required to develop an effective
process permitting elected officials and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's amendments implement requirements specifically set forth by
Congress in section 112 of the Act without the exercise of any
discretion by us. Accordingly, the requirements of section 3(b) of
Executive Order 13084 do not apply to this rule.
I. Congressional Review Act
Under the Small Business Regulatory Enforcement Fairness Act of
1996, we submitted a report containing these final amendments and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the General Accounting
Office prior to publication of these final amendments in the Federal
Register. This is not a ``major rule'' as defined by the Small Business
Regulatory Enforcement Fairness Act.
List of Subjects in 40 CFR Part 63
Environmental protection, Acetal resins production, Acrylic and
modacrylic fiber production, Air emissions control, Hazardous air
pollutants, Polycarbonates production, Process wastewater streams,
Wastewater.
Dated: November 15, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--National Emission Standards for Hazardous Air
Pollutants for Source Categories: Generic Maximum Achievable
Control Technology Standards
2. Section 63.1100 is amended by adding paragraph (g)(5) as
follows:
Sec. 63.1100 Applicability.
* * * * *
(g) * * *
(5) Overlap of subpart YY with other regulations for wastewater.
(i) After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, a wastewater stream that is
subject to the wastewater requirements of this subpart and the
wastewater requirements of subparts F, G, and H of this part
(collectively known as the ``HON'') shall be deemed to be in compliance
with the requirements of this subpart if it complies with either set of
requirements. In any instance where a source subject to this subpart is
colocated with a Synthetic Organic Chemical Manufacturing Industry
(SOCMI) source, and a single wastewater treatment facility treats both
[[Page 63699]]
Group 1 wastewaters and wastewater residuals from the source subject to
this subpart and wastewaters from the SOCMI source, a certification by
the treatment facility that they will manage and treat the waste in
conformity with the specific control requirements set forth in 40 CFR
63.133 through 63.147 will also be deemed sufficient to satisfy the
certification requirements for wastewater treatment under this subpart.
(ii) After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, a wastewater stream that is
subject to control requirements in the Benzene Waste NESHAP (subpart FF
of part 61 of this chapter) and this subpart is required to comply with
both rules.
3. Section 63.1101 is amended by adding definitions in alphabetical
order to read as follows:
Sec. 63.1101 Definitions.
* * * * *
Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b).
Annual average flow rate, as used in the wastewater provisions,
means the annual average flow rate, as determined according to the
procedures specified in Sec. 63.144(c).
* * * * *
Group 1 wastewater stream means a process wastewater stream at an
existing or new source that meets the criteria for Group 1 status in
Sec. 63.132(c).
Group 2 wastewater stream means a process wastewater stream that
does not meet the definition of a Group 1 wastewater stream.
* * * * *
Maintenance wastewater means wastewater generated by the draining
of process fluid from components in the process unit, whose primary
product is a product produced by a source category subject to this
subpart, into an individual drain system prior to or during maintenance
activities. Maintenance wastewater can be generated during planned and
unplanned shutdowns and during periods not associated with a shutdown.
Examples of activities that can generate maintenance wastewaters
include descaling of heat exchanger tubing bundles, cleaning of
distillation column traps, draining of low legs and high point bleeds,
draining of pumps into an individual drain system, and draining of
portions of the process unit, whose primary product is a product
produced by a source category subject to this subpart, for repair.
* * * * *
Oil-water separator or organic-water separator means a waste
management unit, generally a tank used to separate oil or organics from
water. An oil-water or organic-water separator consists of not only the
separation unit but also the forebay and other separator basins,
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that
are located directly after the individual drain system and prior to
additional waste management units such as an air flotation unit,
clarifier, or biological treatment unit. Examples of an oil-water or
organic-water separator include, but are not limited to, an American
Petroleum Institute separator, parallel-plate interceptor, and
corrugated-plate interceptor with the associated ancillary equipment.
* * * * *
Point of determination means each point where process wastewater
exits the process unit, whose primary product is a product produced by
a source category subject to this subpart.
Note to definition for point of determination: The regulation
allows determination of the characteristics of a wastewater stream
at the point of determination or downstream of the point of
determination if corrections are made for changes in flow rate and
annual average concentration of Table 9 compounds (as defined under
this subpart) as determined in Sec. 63.144. Such changes include
losses by air emissions, reduction of annual average concentration
or changes in flow rate by mixing with other water or wastewater
streams, and reduction in flow rate or annual average concentration
by treating or otherwise handling the wastewater stream to remove or
destroy hazardous air pollutants.
* * * * *
Process wastewater means wastewater which, during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product, or waste product. Examples are product tank
drawdown or feed tank drawdown, water formed during a chemical reaction
or used as a reactant, water used to wash impurities from organic
products or reactants, equipment washes between batches in a batch
process, water used to cool or quench organic vapor streams through
direct contact, and condensed steam from jet ejector systems pulling
vacuum on vessels containing organics.
Process wastewater stream means a stream that contains process
wastewater.
* * * * *
Table 9 compounds means compounds listed in Table 9 of subpart G of
this part.
* * * * *
Wastewater is either a process wastewater or a maintenance
wastewater and means water that:
(1) Contains either:
(i) An annual average concentration of Table 9 compounds (as
defined under this subpart) of at least 5 parts per million by weight
at the point of determination and has an annual average flow rate of
0.02 liter per minute or greater, or
(ii) An annual average concentration of Table 9 compounds (as
defined under this subpart) of at least 10,000 parts per million by
weight at the point of determination at any flow rate, and that
(2) Is discarded from a process unit, whose primary product is a
product produced by a source category subject to this subpart.
Wastewater stream means a stream that contains wastewater.
* * * * *
4. Section 63.1103 is amended by:
a. Adding entries 6, 7, and 8 in table 1 of paragraph (a)(3);
b. Adding entries 8, 9, and 10 in table 2 of paragraph (b)(3)(i);
c. Adding entries 7, 8, and 9 in table 5 of paragraph (d)(3); and
d. Adding entries 6, 7, and 8 in table 6 of paragraph (d)(3) as
follows:
Sec. 63.1103 Source category-specific applicability, definitions, and
requirements.
* * * * *
(a) * * *
(3) * * *
Table 1. to Sec. 63.1103.--What Are My Requirements If I Own or Operate
an Acetal Resins Production Existing or New Affected Source?
------------------------------------------------------------------------
If you own or operate * * * And if * * * Then you must * * *
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[[Page 63700]]
* * * *
* * *
6. An acetal resins The process Comply with the
production process unit wastewater stream requirements of
that generates process is a Group 1 or Sec. 63.1106(a).
wastewater. Group 2 wastewater
stream.
7. An acetal resins The maintenance Comply with the
production process unit wastewater contains requirements of
that generates maintenance organic HAP. Sec. 63.1106(b).
wastewater.
8. An item of equipment The item of Comply with the
listed in Sec. equipment meets the requirements in
63.1106(c)(1). criteria specified Table 35 of subpart
in Sec. G of this part.
63.1106(c)(1)
through (3) and
either (c)(4)(i) or
(ii).
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* * * * *
(b) * * *
(3) * * *
(i) * * *
Table 2. to Sec. 63.1103.--What Are My Requirements If I Own or Operate
an Acrylic and Modacrylic Fiber Production Existing or New Affected
Source and Am Complying With Paragraph (b)(3)(i) of This Section?
------------------------------------------------------------------------
If you own or operate * * * And if * * * Then you must * * *
------------------------------------------------------------------------
* * * *
* * *
8. An acrylic and modacrylic The process Comply with the
fiber production process wastewater stream requirements of
unit that generates process is a Group 1 or Sec. 63.1106(a).
wastewater. Group 2 wastewater
stream.
9. An acrylic and modacrylic The maintenance Comply with the
fiber production process wastewater contains requirements of
unit that generates organic HAP. Sec. 63.1106(b).
maintenance wastewater.
10. An item of equipment The item of Comply with the
listed in Sec. equipment meets the requirements in
63.1106(c)(1). criteria specified Table 35 of subpart
in Sec. G of this part.
63.1106(c)(1)
through (3) and
either (c)(4)(i) or
(ii).
------------------------------------------------------------------------
* * * * *
(d) * * *
(3) * * *
Table 5. to Sec. 63.1103.--What Are My Requirements If I Own or Operate
a Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
If you own or operate * * * And if * * * Then you must * * *
------------------------------------------------------------------------
* * * *
* * *
7. A polycarbonate The process Comply with the
production process unit wastewater stream requirements of
that generates process is a Group 1 or a Sec. 63.1106(a).
wastewater. Group 2 wastewater
stream.
8. A polycarbonate The maintenance Comply with the
production process unit wastewater contains requirements of
that generates maintenance organic HAP. Sec. 63.1106(b).
wastewater.
9. An item of equipment The item of Comply with the
listed in Sec. equipment meets the requirements in
63.1106(c)(1). criteria specified Table 35 of subpart
in Sec. G of this part.
63.1106(c)(1)
through (3) and
either (c)(4)(i) or
(ii).
------------------------------------------------------------------------
* * * * *
Table 6. to Sec. 63.1103.--What Are My Requirements if I Own or Operate
a Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
If you own or operate * * And if * * * Then you must * * *
------------------------------------------------------------------------
* * * *
* * *
6. A polycarbonate The process Comply with the
production process unit wastewater stream requirements of
that generates process is a Group 1 or a Sec. 63.1106(a).
wastewater. Group 2 wastewater
stream.
7. A polycarbonate The maintenance Comply with the
production process unit wastewater contains requirements of
that generates maintenance organic HAP. Sec. 63.1106(b).
wastewater.
8. An item of equipment The item of Comply with the
listed in Sec. equipment meets the requirements in
63.1106(c)(1). criteria specified Table 35 of subpart
in Sec. G of this part.
63.1106(c)(1)
through (3) and
either (c)(4)(i) or
(ii).
------------------------------------------------------------------------
[[Page 63701]]
* * * * *
5. Section 63.1106 is added to subpart YY to read as follows:
Sec. 63.1106 Wastewater provisions.
(a) Process wastewater. Except as specified in paragraphs (a)(1)
through (a)(16) and paragraph (d) of this section, the owner or
operator of each affected source shall comply with the HON process
wastewater requirements in Secs. 63.132 through 63.148.
(1) When terms used in Secs. 63.132 through 63.148 are defined in
Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the
purposes of this subpart. For terms used in Secs. 63.132 through 63.148
that are not defined in Sec. 63.1101, the definitions in Sec. 63.101
and Sec. 63.111 shall apply.
(2) When the term chemical manufacturing production process unit,
or CMPU, is used in Secs. 63.132 through 63.148, the phrase ``a process
unit whose primary product is a product produced by a source category
subject to this subpart'' shall apply, for the purposes of this
subpart.
(3) Owners and operators of affected sources are not required to
comply with Sec. 63.132(b)(1) and (d) and Sec. 63.138(c). Further,
owners and operators are exempt from all requirements in Secs. 63.132
through 63.148 that pertain solely and exclusively to organic HAP
listed in Table 8 of subpart G of this part.
(4) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the
alternative nonopacity emission standard provisions in Sec. 63.6(g)
shall apply, for the purposes of this subpart.
(5) When the HON storage vessel requirements for internal floating
roofs contained in Sec. 63.119(b) are referred to in
Sec. 63.133(a)(2)(ii), the requirements in Sec. 63.1063(a)(1)(i), (2),
and (b) shall apply, for the purposes of this subpart.
(6) When the HON storage vessel requirements for external floating
roofs in Sec. 63.119(c) and Sec. 63.120(b)(5) and (6) are referred to
in Sec. 63.133(a)(2)(iii) and (d), the requirements in
Sec. 63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of
this subpart.
(7) For the purposes of this subpart, Sec. 63.1063(c)(2)(iv) shall
apply instead of Sec. 63.133(e).
(8) When Sec. 63.143(c), (d), (e)(3) and Sec. 63.146(a) require the
submission of a request for approval to monitor alternative parameters
according to the procedures specified in Sec. 63.151(f) or (g), the
owner or operator requesting to monitor alternative parameters shall
follow the procedures specified in Sec. 63.1108(c) or as specified in a
referenced subpart.
(9) When Sec. 63.147(d) requires the owner or operator to keep
records of the daily average value of each continuously monitored
parameter for each operating day as specified in Sec. 63.152(f), the
owner or operator shall keep records of each continuously monitored
parameter for each operating day as specified in Sec. 63.998(b).
(10) When Sec. 63.132(a) and (b) refer to the ``applicable dates
specified in Sec. 63.100 of subpart F of this part,'' the applicable
compliance dates specified in Sec. 63.1102 shall apply, for purposes of
this subpart.
(11) Where Sec. 63.152(b) and/or the Notification of Compliance
Status is referred to in Secs. 63.132 through 63.148, the Notification
of Compliance Status requirements contained in Sec. 63.1110(a)(3) shall
apply, for purposes of this subpart.
(12) Where Sec. 63.152(c) and/or the Periodic Report requirements
are referred to Secs. 63.132 through 63.148, the Periodic Report
requirements contained in Sec. 63.1110(a)(4) shall apply, for purposes
of this subpart.
(13) When Method 18 of appendix A to part 60 of this chapter is
specified in Sec. 63.139(e)(1)(ii), Sec. 63.145(d)(4), or
Sec. 63.145(i)(2), either Method 18 or Method 25A may be used. The use
of Method 25A of appendix A to part 60 of this chapter shall comply
with paragraphs (a)(13)(i) and (a)(13)(ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A of
appendix A of part 60 of this chapter shall be the single organic HAP
representing the largest percent by volume of the emissions.
(ii) The use of Method 25A of appendix A of part 60 of this chapter
is acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(14) When the HON recordkeeping requirements for by-pass lines in
Sec. 63.118(a)(3) is referred to in Sec. 63.148(f), the requirements in
Sec. 63.998(d)(1)(ii)(A) shall apply, for the purposes of this subpart.
(15) When the Initial Notification requirements in Sec. 63.182(b)
are referred to in Sec. 63.148(j), the requirements in Sec. 63.1110(c)
shall apply, for the purposes of this subpart.
(16) For the purposes of this subpart, Sec. 63.148(k) shall not
apply.
(b) Maintenance wastewater. The owner or operator of each affected
source shall comply with the HON maintenance wastewater requirements in
Sec. 63.105. When terms used in Sec. 63.105 are defined in
Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the
purpose of this subpart. For terms used in Sec. 63.105 that are not
defined in Sec. 63.1101, the definitions in Sec. 63.101 and Sec. 63.111
shall apply.
(c) Liquid streams in open systems. The owner or operator shall
comply with the provisions of Table 35 of subpart G of this part for
each item of equipment meeting the criteria specified in paragraphs
(c)(1) through (3) of this section and either paragraph (c)(4)(i) or
(ii) of this section, with the exceptions provided in paragraphs (c)(5)
and (6) of this section.
(1) The item of equipment is one of the types of equipment
identified in paragraphs (c)(1)(i) through (vii) of this section.
(i) Drain or drain hub;
(ii) Manhole (including sumps and other points of access to a
conveyance system);
(iii) Lift station;
(iv) Trench;
(v) Pipe;
(vi) Oil/water separator; and
(vii) Tanks with capacities of 38 m3 or greater.
(2) The item of equipment is part of an affected source that is
subject to this subpart.
(3) The item of equipment is controlled less stringently than in
Table 35 of subpart G of this part, and the item of equipment is not
otherwise exempt from the provisions of this subpart, or a referenced
subpart.
(4) The item of equipment:
(i) Is a drain, drain hub, manhole, lift station, trench, pipe, or
oil/water separator that conveys water with a total annual average
concentration greater than or equal to 10,000 parts per million by
weight of Table 9 compounds (as defined under this subpart) at any flow
rate; or a total annual average concentration greater than or equal to
1,000 parts per million by weight of Table 9 compounds (as defined
under this subpart) at an annual average flow rate greater than or
equal to 10 liters per minute.
(ii) Is a tank that receives one or more streams that contain water
with a total annual average concentration greater than or equal to
1,000 parts per million by weight of Table 9 compounds (as defined
under this subpart) at an annual average flow rate greater than or
equal to 10 liters per minute. The owner or operator shall determine
the characteristics of the stream as specified in paragraphs
(c)(4)(ii)(A) and (B) of this section.
[[Page 63702]]
(A) The characteristics of the stream being received shall be
determined at the inlet to the tank.
(B) The characteristics shall be determined according to the
procedures in Sec. 63.144(b) and (c).
(5) When terms used in Table 35 of subpart G of this part are
defined in Sec. 63.1101, the definition in Sec. 63.1101 shall apply,
for the purpose of this subpart. For terms used in Table 35 of subpart
G of this part that are not defined in Sec. 63.1101, the definitions in
Sec. 63.101 and Sec. 63.111 shall apply.
(6) When Table 35 of subpart G of this part refers to 40 CFR
63.119(e)(1) or (e)(2) in the requirements for tanks, the requirements
in Sec. 63.982(a)(1) shall apply, for purposes of this subpart.
(d) The compliance date for the affected sources subject to the
provisions of this section is specified in Sec. 63.1102.
[FR Doc. 99-30230 Filed 11-19-99; 8:45 am]
BILLING CODE 6560-50-P
