[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Rules and Regulations]
[Pages 12670-12685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5590]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 63
[AD-FRL-5165-3]
RIN 2060-AD97
National Emission Standards for Hazardous Air Pollutants Final
Standards for Epoxy Resins Production and Non-Nylon Polyamides
Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates final standards that limit emissions
of hazardous air pollutants (HAP) from existing and new epoxy resins
and non-nylon polyamides production operations that are located at
major sources. The EPA is in the process of developing standards for a
wide range of types of polymer and resin production facilities. The
polymers and resins covered by this rule use epichlorohydrin as a
feedstock. This rulemaking would affect epoxy resin manufacturers that
produce basic liquid epoxy resin, which is often used to produce a
cured resin with desired [[Page 12671]] properties for adhesives,
coatings, and other plastic applications. This rulemaking would also
affect non-nylon polyamide resin manufacturers that use epichlorohydrin
in the production of wet strength resin, which is used to increase the
tensile strength of paper products. The rule is estimated to reduce
emissions of HAP, mainly epichlorohydrin, by approximately 105 tons per
year. Epichlorohydrin is considered a probable human carcinogen when
inhaled and causes additional toxic effects. The emission reductions
achieved by these standards, when combined with the emission reductions
achieved by other standards mandated by the CAA, will contribute to
achieving the primary goal of the Act, which is to ``enhance the
quality of the Nation's air resources so as to promote the public
health and welfare and the productive capacity of its population.''
These final standards implement section 112(d) and 112(h) of the Clean
Air Act as amended in 1990 (the Act). The purpose of this final rule is
to protect the public by requiring all new and existing major sources
to control HAP emissions to the level corresponding to the maximum
achievable control technology (MACT).
EFFECTIVE DATE: March 8, 1995.
ADDRESSES: Docket. Docket No. A-92-37, containing information
considered by the EPA in developing the promulgated NESHAP for epoxy
resins and non-nylon polyamides operations is available for public
inspection and copying between 8 a.m. and 5:30 p.m., Monday through
Friday, except for Federal holidays, at the EPA's Air and Radiation
Docket and Information Center, Room M1500, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460; telephone
(202) 260-7548. A reasonable fee may be charged for copying.
Background Information Document. A background information document
(BID) for the promulgated NESHAP may be obtained from the docket; the
U. S. EPA Library (MD-35), Research Triangle Park, NC 27711; telephone
number (919) 541-2777; or from National Technical Information Services,
5285 Port Royal Road, Springfield, Virginia 22161; telephone (703) 487-
4650. Please refer to ``Hazardous Air Pollutants from Epoxy Resins and
Non-Nylon Polyamide Resins Production--Information for Promulgated
Standards'' (EPA-453/R-95-001b). The BID contains a summary of the
public comments made on the proposed standards for epoxy resins and
non-nylon polyamides and EPA responses to the comments.
FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald of the Organic
Chemicals Group, Emission Standards Division (MD-13), U. S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone (919) 541-5402.
SUPPLEMENTARY INFORMATION:
Judicial Review
Under section 307(b)(1) of the Act, judicial review of national
emission standards for hazardous air pollutants (NESHAP) is available
only 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. 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 information presented in this preamble is organized as follows:
I. Background
II. Summary of Promulgated Standards
III. Summary of Considerations Made in Developing This Rule
IV. Summary of Environmental, Energy, Cost, and Economic Impacts
V. Significant Changes to the Proposed Standards
A. Public Participation
B. Summary of Significant Comments and Changes
VI. Administrative Requirements
A. Docket
B. Enhancing the Intergovernmental Partnership Under Executive
Order 12875
C. Executive Order 12286
D. Paperwork Reduction Act
E. Regulatory Flexibility Act
F. Miscellaneous
I. Background
Section 112(b) of the Act lists 189 HAP and requires the EPA to
establish national emission standards for all major sources and some
area sources emitting those HAP. On July 16, 1992 (57 FR 31576), EPA
published a list of major and area sources for which NESHAP are to be
promulgated, and on December 3, 1993 (58 FR 83941), EPA published a
schedule for promulgating those standards. The epoxy resins and non-
nylon polyamides production source categories are included in the list
of major sources to be regulated for which the EPA is to establish
national emission standards by November 1994.
This NESHAP was proposed in the Federal Register on May 16, 1994
(59 FR 25387). In addition, 11 letters commenting on the proposed rule
were received.
II. Summary of Promulgated Standards
The affected sources subject to these standards are existing and
new facilities producing basic liquid epoxy resins (BLR) and facilities
producing non-nylon polyamide resins or ``wet strength'' resins (WSR),
that are also classified as major sources per section 112(a) of the
Clean Air Act, as amended. The standards do not apply to research and
laboratory facilities which do not manufacture products for sale,
except in a de minimis manner.
Table 1 summarizes the standards for both BLR and WSR facilities.
Existing BLR sources are required to limit HAP emissions from process
vents, storage tanks, and wastewater systems to 130 pounds per million
pounds of product. In addition, existing BLR sources are required to
control equipment leak emissions by implementing the leak detection and
repair (LDAR) program specified in 40 CFR part 63, subpart H. Existing
WSR sources are required to limit HAP emissions from process vents,
storage tanks, and wastewater systems to 10 pounds per million pounds
of product. There is no requirement to control equipment leak emissions
for existing WSR sources; however, an alternative standard is specified
whereby sources may implement the requirements of 40 CFR part 63,
subpart H in lieu of meeting the emission limit of 10 lb/MM lb product.
Table 1.--Summary of Standards
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Wet strength resins
Emission source Basic liquid epoxy resins -------------------------------------------------------
Equivalent standard
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Existing Sources
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(1) Process vents, storage HAP emission limit of 130 HAP emission limit of 10 No requirement.
tanks, and wastewater. lb/MM lb product. lb/MM lb product.
[[Page 12672]]
(2) Equipment leaks........ Requirements of 40 CFR 63, No requirement............ Requirements of 40 CFR 63,
subpart H. subpart H.
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New Sources
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(1) Process vents, storage 98 percent reduction of HAP HAP emission limit of 7 lb/ No requirement.
tanks, and wastewater. emissions from the sum of MM lb product.
uncontrolled emission
points; or limit HAP
emissions to 5,000 lb/yr.
(2) Equipment leads........ Requirements of 40 CFR 63, No requirement............ Requirements of 40 CFR 63,
subpart H. subpart H.
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New BLR sources must either reduce HAP emissions from process
vents, storage tanks, and wastewater systems by 98 percent, or limit
HAP emissions from this portion of the source to 5,000 pounds per year
or less. New BLR sources must also implement the requirements of 40 CFR
part 63, subpart H to control equipment leak emissions. New WSR sources
have the option of either complying with a HAP emission limit of 7
pounds per million pounds of product for the process vents, storage
tanks, and wastewater systems portion of the source, or implementing
the LDAR program requirements of 40 CFR part 63, subpart H to control
equipment leak emissions.
Owners or operators of existing affected sources are required to
comply with these standards within 3 years after the effective date.
All new and reconstructed sources must comply immediately upon startup.
Owners or operators of affected sources must demonstrate initial
compliance following the compliance methods and procedures of
Sec. 63.525. Continuous compliance is demonstrated by conducting
monitoring in accordance with Sec. 63.526.
Section 114 (a)(3) of the Act requires enhanced monitoring and
compliance certifications of all major stationary sources. The annual
compliance certifications certify whether compliance has been
continuous or intermittent. Enhanced monitoring shall be capable of
detecting deviations from each applicable emission limitation or
standard with sufficient representativeness, accuracy, precision,
reliability, frequency, and timeliness to determine if compliance is
continuous during a reporting period. The monitoring in this regulation
satisfies the requirements of enhanced monitoring. Compliant monitoring
parameter values are established according to procedures contained in
Sec. 63.526. A de minimis level is specified for the BLR source
category for emission points below which monitoring is not required.
Owners or operators of affected sources shall maintain records and
submit reports in accordance with Secs. 63.527 and 63.528. Records are
consistent with those required by 40 CFR part 63, subpart A, and also
include the recordkeeping requirements associated with the LDAR program
specified in 40 CFR part 63, subpart H where applicable.
The EPA is also amending the table of currently approved
information collection request (ICR) control numbers issued by the
Office of Management and Budget (OMB) for various regulations. This
amendment updates the table to accurately display those information
requirements contained in this final rule. This display of the OMB
control number and its subsequent codification in the Code of Federal
Regulations satisfies the requirements of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.) and OMB's implementing regulations at 5 CFR
part 1320.
The ICR was previously subject to public notice and comment prior
to OMB approval. As a result, EPA finds that there is ``good cause''
under section 553(b)(B) of the Administrative Procedure Act (5 U.S.C.
553(b)(B)) to amend this table without prior notice and comment. Due to
the technical nature of the table, further notice and comment would be
unnecessary. For the same reasons, EPA also finds that there is good
cause under 5 U.S.C. 553(d)(3).
III. Summary of Considerations Made in Developing This Rule
The Clean Air Act was created, in part, ``to protect and enhance
the quality of the Nation's air resources so as to promote the public
health and welfare and the productive capacity of its population'' (the
Act, section 101(b)(1)). As such, this regulation protects the public
health by reducing emissions of epichlorohydrin from basic liquid
resins and wet strength resins processes. Available emission data for
the epoxy resins and non-nylon polyamides source categories indicate
that epichlorohydrin is the primary pollutant listed in section
112(b)(1) of the CAA that is emitted in from sources in the source
category.
In addition, note that epichlorohydrin is listed under section
112(r) of the CAA. The intent of section 112(r), Prevention of
Accidental Releases, is to focus on chemicals that pose a significant
hazard to the community should an accident occur, to prevent their
accidental release, and to minimize consequences should a release
occur. Epichlorohydrin, along with the other substances listed under
section 112(r)(3), is listed because it is known to cause, or may be
reasonably anticipated to cause death, injury, or serious adverse
effects to human health or the environment (see 59 FR 4478, January 31,
1994). Sources that handle epichlorohydrin in greater quantities than
the established threshold quantity under section 112(r)(5) will be
subject to the risk management program requirements under section
112(r)(7) (see 58 FR 54190, October 20, 1993).
Epichlorohydrin is considered to be a probable human carcinogen
when inhaled and can cause additional toxic effects. These effects
include respiratory, skin, and eye irritation, pulmonary edema, renal
lesions, and hematological and central nervous system effects. The
severity of observed effects varies depending on the level and length
of exposure. The exposure duration and level (that is, the amount
inhaled from the air and absorbed within the body) are strongly
influenced by source-specific characteristics such as emission rates
and local meteorological conditions. The severity of effects also
depends on multiple [[Page 12673]] factors that affect human
variability such as age, genetics, and general health status (e.g.,
presence of pre-existing disease). The EPA does not have the type of
current detailed data on each of the BLR or WSR facilities covered by
this rule, and the people living around the facilities, that would be
necessary to conduct an analysis to determine the actual population
exposures to epichlorohydrin and resulting health effects. Therefore,
EPA does not know the extent to which the adverse health effects
described above occur in the populations surrounding these facilities.
However, to the extent the adverse effects do occur, the promulgated
standard will substantially reduce emissions and exposures to the level
achievable with maximum achievable control technology. However, due to
the volatility and relatively low potential for bioaccumulation of
epichlorohydrin, air emissions are not expected to deposit on land or
water and cause subsequent adverse health or ecosystem effects.
The alternatives considered in the development of this regulation,
including those alternatives selected as standards for new and existing
BLR and WSR sources, are based on process and emissions data received
from every existing BLR and WSR facility known to be in operation. The
EPA met with industry several times to discuss this data. In addition,
facilities, State regulatory authorities, and environmental groups had
the opportunity to comment on the proposed standards and provide
additional information during the public comment period which followed
proposal. Some facilities did provide comments; these comments were
considered, and in some cases, the standards were changed in response
to the comments. Of major concern to the commenters was the proposed
format of the standards for new sources. After considering various
alternatives, the EPA decided the format of the standard could be
changed in a way which allays their concerns.
The final standards give existing facilities 3 years from the date
of promulgation to comply. This is the maximum amount allowed under the
Clean Air Act (CAA). New facilities are required to comply with the
standard upon startup. The EPA sees no reason why new facilities would
not be able to comply with the requirements of the standards upon
startup. The number of existing sources affected by this rule is less
than 20; therefore, EPA does not believe that required retrofits or
other actions cannot be achieved in the time frame allotted.
Included in the final rule are methods for determining initial
compliance as well as monitoring, recordkeeping, and reporting
requirements. All of these components are necessary to ensure that
sources will comply with the standards both initially and over time.
However, EPA has made every effort to simplify the requirements in the
rule. The Agency has also attempted to maintain consistency with
existing regulations by either incorporating text from existing
regulations or referencing the applicable sections, depending on which
method would be least confusing for a given situation.
As described in the preamble to the proposed rule, two regulatory
alternatives above the MACT floor were considered for BLR and WSR. For
BLR, the final standards reflect the option with the lowest overall
cost effectiveness in dollars per megagram of HAP emission reduction.
For WSR the MACT floor, as well as the two regulatory alternatives
above the floor, were found to have relatively high cost effectiveness.
However, an alternative standard was specified that allows facilities
to implement the requirements of subpart H to control emissions from
equipment leaks. The alternative standard is much more cost effective,
and will result in a greater overall HAP emission reduction. However,
the alternative standard is not being required because the cost was
considered to be too high to justify requiring more control than that
achieved at the MACT floor. Section 112(d) of the Clean Air Act
requires standards to be set at a level no less stringent than the MACT
floor but requires consideration of the cost of achieving further
reductions before requiring reductions beyond the MACT floor.
Representatives from other interested EPA offices and programs, as
well as representatives from State regulatory agencies, are included in
the regulatory development process as members of the Work Group. The
Work Group is involved in the regulatory development process, and must
review and concur with the regulation before proposal and promulgation.
Therefore, EPA believes that the implications to other EPA offices and
programs has been adequately considered during the development of these
standards.
IV. Summary of Environmental, Energy, Cost, and Economic Impacts
The environmental impacts for this rule were not impacted
significantly by changes made to the rule between proposal and
promulgation. The promulgated standards reduce HAP emissions from
existing BLR sources by 95 megagrams per year (Mg/yr) (105 tons per
year (tons/yr)) from the baseline level, a reduction of 78 percent from
baseline. Emissions of HAP from existing WSR sources will decrease by 2
Mg/yr (2 tons/yr) if facilities elect to comply with the standard for
process vents, storage tanks, and wastewater systems, a reduction of 7
percent from baseline. If facilities elect to comply with the
alternative standard (comply with the 40 CFR part 63, subpart H
requirements for equipment leaks), HAP emissions will decrease by 14
Mg/yr (15 tons/yr), a reduction of 52 percent from baseline.
No additional wastewater generation results from compliance with
the standards as a result of changing the new source standard for BLR
and WSR process vents, storage tanks, and wastewater systems emission
sources from an equipment-based standard to a performance-based
standard. No solid waste is generated from the BLR or WSR production
processes.
The energy impacts for this rule were not affected by changes made
to the rule between proposal and promulgation. The standards for the
BLR source category require energy usage of 1.5 x 10\6\ Btu per year
(Btu/yr). Energy usage for the WSR will be 4 x 10\6\ Btu/yr if
sources comply with the standard for process vents, storage tanks, and
wastewater systems; however, if sources choose to comply with the
alternative standard (subpart H), the additional energy usage will be
negligible. The cost impacts for this rule were not affected by changes
made to the rule between proposal and promulgation. Nationwide, the
total annual cost of the standard to the BLR industry will be $140,000.
If all WSR sources choose to comply with the standard for process
vents, storage tanks, and wastewater systems, the total cost of this
regulation to the WSR industry will be $520,000. If all WSR sources
decide to comply with the alternative standard (subpart H), the total
annual cost will be $52,000.
V. Significant Changes to the Proposed Standards
A. Public Participation
Prior to proposal of this rule a meeting of the National Air
Pollution Control Techniques Advisory Committee (NAPCTAC) was held to
discuss the development of the draft rule for epoxy resins and non-
nylon polyamide resins production. That meeting was held on November
18, 1992. The meeting was open to the public, and each attendee was
given an [[Page 12674]] opportunity to comment on the draft rule.
The proposed rule was published in the Federal Register on May 16,
1994 (59 FR 25387). The preamble to the proposal discussed the
availability of the proposal BID (Emissions from Epoxy Resins
Production and Non-Nylon Polyamides Production--Information for
Proposed Standards (EPA-493/R-94-033a)), which describes in detail the
regulatory alternatives considered and the impacts associated with
those alternatives. Public comments were solicited at the time of
proposal, and copies of the proposal BID were made available to
interested parties.
The public comment period ended on July 15, 1994. A total of 11
comment letters were received. The comments were carefully considered,
and, where determined by the Administrator to be appropriate, changes
were made in the final rule.
Comments on the proposed rule were received from BLR and WSR
manufacturers, State and local air pollution control agencies, and
environmental organizations. A detailed discussion of these comments
and responses can be found in the promulgation BID (see ADDRESSES
section). The summary of comments and responses in the promulgation BID
serves as the basis for the revisions that have been made to the rule
between proposal and promulgation. The major comments and responses are
summarized in this preamble.
For the purpose of orderly presentation, the comments have been
categorized in the promulgation BID under the following topics:
1. Applicability of the Standard;
2. Description of Emission Control Technology;
3. Selection of MACT;
4. Selection of Compliance Dates;
5. Selection of Emission Limits or Equipment/Work Practice
Specifications;
6. Selection of Compliance Methods and Monitoring Requirements;
7. Selection of Reporting and Recordkeeping Requirements;
8. Interaction of Polymers and Resins II NESHAP with the General
Provisions;
9. Wording of the Standard; and
10. Miscellaneous.
B. Summary of Significant Comments and Changes
In response to public comments and as a result of additional
evaluation by EPA, changes have been made to the standards. Significant
changes are summarized below, and are explained fully in the
promulgation BID.
1. Several commenters objected to the format of the standard for
new BLR sources. The commenters pointed out the inflexibility of the
equipment standard, which would have required certain control
technology (water scrubbers) and venting configurations (manifolding
all vents to common control), rather than allowing owners and operators
the flexibility of controlling the process in a manner of their own
choosing. In response to these comments, formats for the new source
maximum achievable control technology (MACT) requirements for process
vents, wastewater, and storage tank emissions for BLR and WSR have been
changed. For BLR facilities, the standard is a 98 percent reduction of
HAP from the sum of uncontrolled process vents, storage, and wastewater
systems emission points or an emission limit of 5,000 pounds per year
(lb/yr) HAP from the sum of process vents, storage, and wastewater
systems emission points. For WSR, the requirement is a limit of 7 lb of
HAP per million (MM) lb resin production from the sum of process vents,
storage, and wastewater systems emission points. These changes in
format for new source MACT requirements reflect the same level of
control as the proposed equipment standard requirements.
2. One commenter argued that the methods proposed for determining
emissions from storage tanks and wastewater systems, which were
referenced from the emissions averaging section of the Hazardous
Organic NESHAP (HON) are not appropriate for this regulation. Upon
further review, EPA agrees with the commenter's arguments concerning
estimating emissions from wastewater, but not those concerning storage
tanks. Consequently, the methods of calculating emissions and
determining the effectiveness of certain control measures on wastewater
emission points have been corrected and now specify methodologies
contained in the HON, appendix C. The required emission estimation
methods for storage tanks did not change.
3. One commenter stated that sampling frequencies specified in the
proposed performance test guidelines are not feasible for BLR sources.
The EPA has reexamined the proposed sampling guidelines and agrees with
the commenter's argument. Therefore, the frequency of flowrate and
concentration sampling of emission stream characteristics during a
performance test has been reduced. For continuous BLR emission points,
sampling at 15-minute intervals for flowrate and concentration or 1-
hour time-integrated sampling of concentration have replaced the
requirement of simultaneous minute-by-minute measurements of flowrate
and concentration. For WSR, sampling of flowrate every 15 minutes, or
least once per batch step, and integrated concentration measurements
over each step have replaced the minute-by-minute flowrate and
concentration measurements. In addition, EPA has decided not to require
three test runs for WSR process vents, due to the dynamic nature of
batch emission stream characteristics. The data obtained from a batch
test run may be representative of only that batch; therefore, running
repeat tests may not be justified. The EPA has also specified that
owners or operators of WSR sources perform a maximum of 8 hours of
testing for batch emission episodes of duration greater than 8 hours.
This provision was included to prevent the possibility of excessive
testing costs for owners of batch processes containing very long
emission episodes. Finally, the EPA has decided to allow owners or
operators of WSR sources to test intermittently if they can provide
evidence that the periods tested represent periods in which emissions
are greater than the average emissions over the batch emission episode.
4. In response to comments relating to the averaging period for
ongoing compliance determination, the averaging period for measurements
taken to verify continuous compliance for continuous BLR sources has
been increased from 1 hour to 24 hours. The target values for
comparison of these continuous compliance measurements are the average
of the maximum or minimum values obtained from the three 1-hour
performance tests. The 24-hour averaging period results in an average
obtained over 96, 15-minute readings. The EPA believes that calculating
an average over 96 readings will sufficiently diminish the effect of
excursions on the value of the average.
5. Two commenters stated that the de minimis levels specified in
the HON for process vents, storage tanks, and wastewater systems are
appropriate for BLR sources and should be included in the final rule.
Because EPA has decided to change the format of the standard for new
BLR sources to a 98 percent overall reduction from the total of
uncontrolled process vents, storage tanks and wastewater systems or an
absolute cap of 2.27 Mg/yr (5,000 lb/yr) from the total of these
emission sources, EPA does not believe de minimis levels for
controlling emission points are necessary, as owners and operators will
be afforded the flexibility of deciding the degree of control for a
particular emission point, provided that compliance with the overall
emission limit is achieved. [[Page 12675]] However, EPA agrees with the
commenters' suggestion that de minimis levels should be established for
exempting emission points from monitoring, because monitoring emission
points with emission stream flow rates and/or HAP concentrations below
a certain de minimis level is not reasonable. Therefore, a de minimis
level of 1 pound per year of uncontrolled HAP emissions has been
established for emission points within BLR sources below which
continuous monitoring is not required.
6. Two commenters stated that EPA should not specify in the rule
the wastewater treatment system parameters to monitor. The commenters
stated that the parameters specified in the proposed rule are not
appropriate for all treatment systems; that the parameters are tailored
to the treatment system, and that there should be flexibility to
determine which parameters should be used in each instance. The
commenters further argued that States, in their role as permitting
authorities, set monitoring parameters as part of the NPDES permit
system under the Clean Water Act. Therefore, the commenters maintained,
it is unreasonable for facilities to monitor two different sets of
parameters.
The wastewater monitoring provisions of the HON, which are
referenced in the final rule, allow biological treatment system
monitoring parameters to be determined on a case-by-case basis. In
light of the issues raised above by the commenters, and in accordance
with the wastewater monitoring provisions of the HON, the final rule
has been changed to allow owners and operators to monitor the
wastewater treatment system parameters specified by the permitting
authority responsible for enforcing the Clean Water Act.
7. Several commenters requested clarification of the compliance
dates for existing, new, and reconstructed sources, which were not
stated in the proposed rule. In response to these comments, the final
rule specifies that the compliance date is 3 years from the date of
promulgation for existing sources; new sources are required to be in
compliance upon startup of the source.
8. Several commenters requested clarification of the General
Provisions to part 63 as they relate to this rule. In response to these
comments, a table identifying the relationship of the General
Provisions requirements has been added to the final regulation.
9. Several commenters stated that EPA should clarify that the
modification of existing BLR sources is covered by the section 112(g)
rule, and will be subject to ``existing source MACT'' as defined by the
standard.
No additional language has been added to the regulatory text to
address this comment. Instead, EPA has provided the following
explanation to clarify the role of section 112(g) in determining the
applicability of existing and new source MACT. Section 112(2)(B) of the
Act requires that ``after the effective date of a permit program under
title V of this chapter, no person may modify any major source of
hazardous air pollutants in such State, unless the Administrator (or
the State) determines that the maximum achievable control technology
emission limitation for existing sources will be met.'' The EPA
believes that the requirement for a ``determination'' suggests that an
administrative review is needed when an affected source is subject to a
MACT standard, and that affected source undergoes a physical change or
change in the method of operation that meets the definition of
``modification'' in section 112(a) of the Act. The purpose of this
section of the preamble is to clarify the types of administrative
review for sources in the epoxy resins and non-nylon polyamides source
categories.
As discussed in the preamble to the proposed rule implementing
section 112(g) of the Act, the EPA believes that in many if not most
cases, an emission increase that meets the definition of
``modification'' will not have a substantive effect on the emission
and/or work practice standards that the affected sources will have to
meet (see 59 FR 15504, April 1, 1994). Before and after the change, the
affected source must continue to meet the ``existing source MACT''
level. The only circumstance which could affect the degree of control
required is when the modification of a source creates an affected
source above a threshold in an applicability definition after the
change, which was under the applicability threshold before the change.
For this rule, EPA believes there will be no such circumstances because
the regulation contains no applicability threshold. The standard is an
emission factor format which applies to BLR and WSR processes of any
size.
The EPA believes that the process included in today's rule is
sufficient to satisfy the requirement for a ``determination'' under
section 112(g). Where a ``modification'' does not affect an affected
source's applicability status, the proposed rule implementing section
112(g) requires that the source notify the permitting authority prior
to startup of operation of the change (see proposed Sec. 63.45(f)).
A similar ``determination'' is required for major source
construction and reconstruction under section 112(g)(2)(A) of the Act.
The administrative process for these determinations is contained in
Sec. 63.5 of the 40 CFR part 63, subpart A, General Provisions.
10. Revisions to definitions and phrasing have been made to clarify
the regulation.
VI. Administrative Requirements
A. Docket
The docket for this rulemaking is A-92-37. The docket is an
organized and complete file of all the information submitted to or
otherwise considered by the EPA in the development of this rulemaking.
The principal purposes of the docket are: (1) To allow interested
parties a means to identify and locate documents so that they can
effectively participate in the rulemaking process; and (2) to serve as
the record in case of judicial review (except for interagency review
materials) (section 307(d)(7)(A) of the Act). The docket is available
for public inspection at the EPA's Air and Radiation Docket and
Information Center, the location of which is given in the ADDRESSES
section of this notice.
B. Enhancing the Intergovernmental Partnership Under Executive Order
12875
In compliance with Executive Order 12875 we have involved State,
local, and tribal governments in the development of this rule. These
governments are not directly impacted by the rule; i.e., they are not
required to purchase control systems to meet the requirements of this
rule. They will collect permit fees which will be used to offset the
resource burden of implementing the rule. One representative of the
State governments has been a member of the EPA Work Group developing
this rule. The Work Group has met numerous times, and comments have
been solicited from the Work Group members, including the State
representative; and their comments have been carefully considered in
the rule development. In addition, all States were encouraged to
comment on the proposed rule during the public comment period. The EPA
fully considered comments from States in the final rulemaking.
C. 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 [[Page 12676]] Budget
(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 EPA has submitted this action to OMB for review. The action was
approved by OMB without comment.
D. Paperwork Reduction Act
Information collection requirements associated with this rule have
been approved by OMB under the provisions of the Paperwork Reduction
Act of 1980, 44 U.S.C. 3501 et seq., and have been assigned OMB control
number 2060-0290. An Information Collection Request (ICR) document has
been prepared by EPA (ICR No. 1681.02), and a copy may be obtained from
Sandy Farmer, Information Policy Branch, EPA 2136, Washington, DC
20460, or by calling (202) 260-2740.
The public reporting burden for this collection of information is
estimated to average 1,253 hours per respondent in the first year, 765
hours per respondent in the second year, and 589 hours per respondent
in the third year. This includes the time required for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Send comments regarding the burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to Chief, Information Policy Branch; EPA; 401 M Street, SW.
(Mail Code 2136); Washington, DC 20460; and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''
E. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires that a Regulatory Flexibility Analysis be performed for all
rules that have ``significant impact on a substantial number of small
entities.'' If a preliminary analysis indicates that a proposed
regulation would have a significant economic impact on 20 percent or
more of small entities, then a regulatory flexibility analysis must be
prepared.
Present Regulatory Flexibility Act guidelines for regulations like
this one whose start action notifications (SAN's) were filed before
April 1992 indicate that an economic impact should be considered
significant if it meets one of the following criteria:
1. Compliance increases annual production costs by more than 5
percent, assuming costs are passed on to consumers;
2. Compliance costs as a percentage of sales for small entities are
at least 10 percent more than compliance costs as a percentage of sales
for large entities;
3. Capital costs of compliance represent a ``significant'' portion
of capital available to small entities, considering internal cash flow
plus external financial capabilities; or
4. Regulatory requirements are likely to result in closures of
small entities.
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Administrator certifies that this rule will not have
a significant economic impact on a substantial number of small
entities. All of the affected BLR and WSR producers are large enough
not to satisfy the criteria for a small business. Consequently, no
significant small business impacts will result from compliance with
these standards.
F. Miscellaneous
In accordance with section 117 of the Act, publication of this
promulgated rule was preceded by consultation with appropriate advisory
committees, independent experts, and Federal departments and agencies.
This regulation will be reviewed 5 years from the date of
promulgation. This review will include an assessment of such factors as
evaluation of the residual health risks, any overlap with other
programs, the existence of alternative methods, enforceability,
improvements in emission control technology and health data, and the
recordkeeping and reporting requirements.
List of Subjects in 40 CFR Parts 9 and 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: February 28, 1995.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as set forth below.
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 1235-1236y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330,
1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-
1975 Comp., p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-
1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3,
300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-
9657, 11023, 11048.
2. Section 9.1 is amended by adding a new entry to the table under
the indicated heading to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
National Emission Standards for Hazardous Air Pollutants
for Source Categories:
* * * * *
63.525-63.528.............................................. 2060-0290
* * * * *
------------------------------------------------------------------------
PART 63--[AMENDED]
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 W consisting of
Secs. 63.520 through 63.528 to read as follows:
Subpart W--National Emission Standards for Hazardous Air Pollutants for
Epoxy Resins Production and Non-Nylon Polyamides Production
Sec.
63.520 Applicability and designation of sources.
63.521 Compliance schedule.
63.522 Definitions.
63.523 Standards for basic liquid resins manufacturers.
63.524 Standards for wet strength resins manufacturers.
63.525 Compliance and performance testing.
63.526 Monitoring requirements. [[Page 12677]]
63.527 Recordkeeping requirements.
63.528 Reporting requirements.
Subpart W--National Emission Standards for Hazardous Air Pollutants
for Epoxy Resins Production and Non-Nylon Polyamides Production
Sec. 63.520 Applicability and designation of sources.
The provisions of this subpart apply to all existing, new, and
reconstructed manufacturers of basic liquid epoxy resins (BLR) and
manufacturers of wet strength resins (WSR) that are located at a plant
site that is a major source, as defined in section 112(a) of the Clean
Air Act. Research and development facilities, as defined in
Sec. 63.522, are exempt from the provisions of this subpart. The
affected source is also defined in Sec. 63.522. If a change occurs to
an existing source that does not constitute reconstruction then the
additions have to meet the existing source requirements of the MACT
standards. Any reconstruction of an existing source, or construction of
a new source, must meet the new source standard. Affected sources are
also subject to certain requirements of subpart A of this part, as
specified in Table 1 of this subpart.
Sec. 63.521 Compliance schedule.
(a) Owners or operators of existing affected BLR and WSR sources
shall comply with the applicable provisions of this subpart within 3
years of the promulgation date.
(b) New and reconstructed sources subject to this subpart shall be
in compliance with the applicable provisions of this subpart upon
startup.
Sec. 63.522 Definitions.
Terms used in this subpart are defined in the Act, in subpart A of
this part, or in this section as follows:
Administrator means the Administrator of the U.S. Environmental
Protection Agency, or any official designee of the Administrator.
Affected source means all HAP emission points within a facility
that are related to the production of BLR or WSR, including process
vents, storage tanks, wastewater systems, and equipment leaks.
Basic liquid epoxy resins (BLR) means resins made by reacting
epichlorohydrin and bisphenol A to form diglycidyl ether of bisphenol-A
(DGEBPA).
Batch emission episode means a discrete venting episode that may be
associated with a single unit operation. For example, a displacement of
vapor resulting from the charging of a vessel with HAP will result in a
discrete emission episode that will last through the duration of the
charge and will have an average flow rate equal to the rate of the
charge. If the vessel is then heated, there will also be another
discrete emission episode resulting from the expulsion of expanded
vessel vapor space. Both emission episodes may occur in the same vessel
or unit operation. There are possibly other emission episodes that may
occur from the vessel or other process equipment, depending on process
operations.
Batch process refers to a discontinuous process involving the bulk
movement of material through sequential manufacturing steps. Mass,
temperature, concentration, and other properties of a system vary with
time. Addition of raw material and withdrawal of product do not
typically occur simultaneously in a batch process.
Closed-vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections, and, if
necessary, flow-inducing devices that transport gas or vapor from an
emission point to a control device or back into the process.
Continuous process means a process where the inputs and outputs
flow continuously throughout the duration of the process. Continuous
processes are typically steady-state.
Drain system means the system used to convey wastewater streams
from a process unit, product storage tank, or feed storage tank to a
waste management unit. The term includes all process drains and
junction boxes, together with their associated sewer lines and other
junction boxes, manholes, sumps, and lift stations, down to the
receiving waste management unit. A segregated stormwater sewer system,
which is a drain and collection system designed and operated for the
sole purpose of collecting rainfall-runoff at a facility, and which is
segregated from all other drain systems, is excluded from this
definition.
Equipment leaks means emissions of hazardous air pollutants from a
pump, compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, or instrumentation system in organic
hazardous air pollutant service.
Process vent means a point of emission from a unit operation.
Typical process vents include condenser vents, vacuum pumps, steam
ejectors, and atmospheric vents from reactors and other process
vessels.
Production-based emission rate means a ratio of the amount of HAP
emitted to the amount of BLR or WSR produced.
Research and development facility means laboratory operations whose
primary purpose is to conduct research and development into new
processes and products, where the operations are under the close
supervision of technically trained personnel, and is not engaged in the
manufacture of products for commercial sale, except in a de minimis
manner.
Storage tank means a tank or other vessel that is used to store
liquids that contain one or more HAP compounds.
Unit operation means those processing steps that occur within
distinct equipment that are used, among other things, to prepare
reactants, facilitate reactions, separate and purify products, and
recycle materials. There may be several emission episodes within a
single unit operation.
Waste management unit means any component, piece of equipment,
structure, or transport mechanism used in storing, treating, or
disposing of wastewater streams, or conveying wastewater between
storage, treatment, or disposal operations.
Wastewater means aqueous liquid waste streams exiting equipment at
an affected source.
Wastewater system means a system made up of a drain system and one
or more waste management units.
Wet strength resins (WSR) means polyamide/ epichlorohydrin
condensates which are used to increase the tensile strength of paper
products.
Sec. 63.523 Standards for basic liquid resins manufacturers.
(a) Owners or operators of existing affected BLR sources shall
operate sources such that the rate of emissions of hazardous air
pollutants from all process vents, storage tanks, and wastewater
systems combined shall not exceed 130 pounds per 1 million pounds of
BLR produced.
(b) Owners or operators of new or reconstructed affected BLR
sources shall reduce uncontrolled emissions from the sum of
uncontrolled process vents, storage tanks, and wastewater systems by 98
percent, or limit the total emissions from these emission points to
5,000 pounds per year.
(1) For process vents, uncontrolled emissions are defined as
gaseous emission streams past the last recovery device.
(2) For storage tanks, uncontrolled emissions are defined as
emissions calculated according to the methodology specified in
Sec. 63.150(g)(3).
(3) For wastewater systems, uncontrolled emissions are the total
amount of HAP discharged to the drain system. [[Page 12678]]
(c) Owners or operators of existing, new, or reconstructed affected
BLR sources shall comply with the requirements of subpart H of this
part to control emissions from equipment leaks.
Sec. 63.524 Standards for wet strength resins manufacturers.
(a) Owners or operators of existing affected WSR sources shall
either:
(1) Limit the total emissions of hazardous air pollutants from all
process vents, storage tanks, and wastewater systems to 10 pounds per 1
million pounds of wet strength resins produced; or
(2) Comply with the requirements of subpart H of this part to
control emissions from equipment leaks.
(b) Owners or operators of new or reconstructed affected WSR
sources shall either:
(1) Limit the total emissions of hazardous air pollutants from all
process vents, storage tanks, and wastewater systems to 7 pounds per 1
million pounds of wet strength resins produced; or
(2) Comply with the requirements of subpart H of this part to
control emissions from equipment leaks.
Sec. 63.525 Compliance and performance testing.
(a) The owner or operator of any existing affected BLR source
shall, in order to demonstrate initial compliance with the applicable
emission limit, determine the emission rate from all process vent,
storage tank, and wastewater system emission points using the methods
described below. Compliance tests shall be performed under normal
operating conditions.
(1) The owner or operator shall use the EPA Test Methods from 40
CFR part 60, appendix A, listed in paragraphs (a)(1) (i) through (iii)
of this section, to determine emissions from process vents. Testing of
process vents on equipment operating as part of a continuous process
will consist of conducting three 1-hour runs. Gas stream volumetric
flow rates shall be measured every 15 minutes during each 1-hour run.
Organic HAP or TOC concentration shall be determined from samples
collected in an integrated sample over the duration of each 1-hour test
run, or from grab samples collected simultaneously with the flow rate
measurements (every 15 minutes). If an integrated sample is collected
for laboratory analysis, the sampling rate shall be adjusted
proportionally to reflect variations in flow rate. If the flow of
gaseous emissions is intermittent, determination of emissions from
process vents shall be performed according to the methods specified in
paragraph (e) of this section. For process vents with continuous gas
streams, the emission rate used to determine compliance shall be the
average emission rate of the 3 test runs. For process vents with
intermittent emission streams, the calculated emission rate or the
emission rate from a single test run may be used to determine
compliance.
(i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube. A traverse shall be conducted before and after
each 1-hour sampling period. No traverse is necessary when using Method
2A or 2D to determine flow rate.
(ii) Method 2, 2A, 2C or 2D of 40 CFR part 60, appendix A, as
appropriate, shall be used for the determination of gas stream
volumetric flow rate. If Method 2 or 2C is used, the velocity
measurements shall be made at a single point, in conjunction with the
traverse, to establish an average velocity across the stack.
(iii) Method 25A and/or Methods 18 and 25A of 40 CFR part 60,
appendix A, as appropriate, shall be used to determine the
concentration of HAP in the streams.
(iv) Initial determination of de minimis status for process vents
may be made by engineering assessment, as specified in
Sec. 63.526(a)(1)(iv).
(2) Emissions from wastewater treatment systems shall be determined
in accordance with the methods described in 40 CFR part 63, appendix C.
(3) Emissions from storage tanks shall be calculated in accordance
with the methods specified in Sec. 63.150(g)(3).
(b) The owner or operator of any existing affected BLR source shall
determine a production-based emission rate for each emission point by
dividing the emission rate of each emission point by the BLR production
rate of the source. The production rate shall be based on normal
operations.
(1) The production-based emission rate for process vents shall be
calculated by dividing the average emission rate the average production
rate.
(2) The production-based emission rate for storage tanks shall be
calculated by dividing annual emissions for each storage tank emission
point by the production rate for a one-year period. The production rate
shall be calculated using the same data used to calculate the
production-based emission rate in paragraph (b)(1) of this section,
converted to an annual rate.
(3) The production-based emission rate for wastewater systems shall
be calculated by dividing annual emissions for each wastewater system
emission point by the production rate for one-year period. The
production rate shall be calculated using the same data used to
calculate the production-based emission rate in paragraph (b)(1) of
this section, converted to an annual rate.
(c) The owner or operator of an existing affected BLR source shall
calculate the total emissions per product produced by summing the
production-based emissions for all process vent, storage tank, and
wastewater system emission points according to the following equation:
E=PV+ST+WW
where:
E=emissions, pounds (lb) HAP per million (MM) lb product;
PV=process vent emissions, lb HAP/MM lb product;
ST=storage tank emissions, lb HAP/MM lb product; and
WW=wastewater system emissions, lb HAP/MM lb product.
The source is in compliance with the standard for process vents,
storage tanks, and wastewater systems if the sum of the equation is
less than the applicable emission limit from Sec. 63.523(a).
(d) The owner or operator of any new or reconstructed affected BLR
source shall demonstrate compliance using the methods described in this
section.
(1) Any owner or operator who elects to comply with Sec. 63.523(b)
by achieving 98 percent control of emissions from process vents,
storage tanks, and wastewater systems shall demonstrate compliance
according to the requirements of paragraphs (d)(1) (i) through (iv) of
this section.
(i) The owner or operator shall perform testing as specified in
paragraph (a)(1) of this section to determine controlled and
uncontrolled emissions from process vents. Sampling points for
determining uncontrolled emissions shall be located based on the
definition of uncontrolled process vents in Sec. 63.523(b)(1).
(ii) The owner or operator shall calculate controlled and
uncontrolled emissions from storage tanks in accordance with the
methods specified in Sec. 63.150(g)(3).
(iii) The owner or operator shall determine controlled and
uncontrolled emissions from wastewater systems using the methodology of
40 CFR part 63, appendix C. Uncontrolled emission calculations shall be
consistent with the definition of uncontrolled wastewater system
emissions in Sec. 63.523(b)(3).
(iv) The owner or operator shall calculate the percent reduction in
[[Page 12679]] emissions from process vents, storage tanks, and
wastewater systems combined. The affected source is in compliance if
the emission reduction is greater than or equal to 98 percent.
(2) Any owner or operator who elects to comply with Sec. 63.523(b)
by limiting HAP emissions from process vents, storage tanks, and
wastewater systems to 5,000 pounds per year or less shall demonstrate
compliance according to the requirements of paragraphs (d)(2) (i) and
(ii) of this section.
(i) Emissions from process vents, storage tanks, and wastewater
systems shall be determined according to paragraphs (a) (1) through (3)
of this section. Emissions shall be converted to annual emissions.
Annual emission calculations shall reflect production levels
representative of normal operating conditions.
(ii) The owner or operator shall calculate total emissions from all
process vent, storage tank, and wastewater system emission points. The
affected source is in compliance with the standard if total emissions
are less than or equal to 5,000 lb/yr.
(e) The owner or operator of any existing, new, or reconstructed
WSR source that chooses to comply with the emission limit for process
vents, storage tanks, and wastewater systems shall demonstrate initial
compliance by determining emissions for all process vent, storage tank,
and wastewater systems emission points using the methods described in
this section.
(1) Emissions of HAP reactor process vents shall be calculated for
each batch emission episode according to the methodologies described in
paragraph (e)(1) of this section.
(i) Emissions from vapor displacement due to transfer of material
into or out of the reactor shall be calculated according to the
following equation:
[GRAPHIC][TIFF OMITTED]TR08MR95.002
where:
E=mass emission rate;
yi=saturated mole fraction of HAP in the vapor phase;
V=volume of gas displaced from the vessel;
R=ideal gas law constant;
T=temperature of the vessel vapor space; absolute;
PT=pressure of the vessel vapor space; and
MW=molecular weight of the HAP.
(ii) Emissions from reactor purging shall be calculated using the
methodology described in paragraph (e)(1)(i) of this section, except
that for purge flow rates greater than 100 standard cubic feet per
minute (scfm), the mole fraction of HAP will be assumed to be 25
percent of the saturated value.
(iii) Emissions caused by heating of the reactor vessel shall be
calculated according to the following methodology:
[GRAPHIC][TIFF OMITTED]TR08MR95.003
where:
E=mass of HAP vapor displaced from the vessel being heated up;
(Pi)Tn=partial pressure of each HAP in the vessel headspace
at initial (n=1) and final (n=2) temperature;
Pa1=initial gas pressure in the vessel;
Pa2=final gas pressure; and
MWHAP=the average molecular weight of HAP present in the vessel.
The moles of gas displaced is represented by:
[GRAPHIC][TIFF OMITTED]TR08MR95.004
where:
=number of lb-moles of gas displaced;
V=volume of free space in the vessel;
R=ideal gas law constant;
Pa1=initial gas pressure in the vessel;
Pa2=final gas pressure;
T1=initial temperature of vessel; and
T2=final temperature of vessel.
The initial pressure of the noncondensable gas in the vessel shall
be calculated according to the following equation:
[GRAPHIC][TIFF OMITTED]TR08MR95.005
where:
Pa1=initial partial pressure of gas in the vessel headspace;
Patm=atmospheric pressure; and
(Pic)T1=initial partial pressure of each condensable volatile
organic compound (including HAP) in the vessel headspace, at the
initial temperature (T1).
The average molecular weight of HAP in the displaced gas shall be
calculated as follows:
[GRAPHIC][TIFF OMITTED]TR08MR95.006
where n is the number of different HAP compounds in the emission
stream.
(2) Emissions of HAP from process vents may be measured directly.
The EPA Test Methods listed in paragraph (e)(2) (i) through (iii) of
this section, from 40 CFR part 60, appendix A, shall be used to
demonstrate compliance with the requirements of Sec. 63.524 by direct
measurement. Testing shall be performed for every batch emission
episode of the unit operation. Gas stream volumetric flow rates shall
be measured at 15-minute intervals, or at least once during each batch
emission episode. Organic HAP or TOC concentration shall be determined
from samples collected in an integrated sample over the duration of
each episode, or from grab samples collected simultaneously with the
flow rate measurements (every 15 minutes). If an integrated sample is
collected for laboratory analysis, the sampling rate shall be adjusted
proportionally to reflect variations in flow rate. Test conditions
shall represent the normal operating conditions under which the data
used to calculate the production rate are taken.
(i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube. A traverse shall be conducted before and after
each sampling period. No traverse is necessary when using Method 2A or
2D.
(ii) Method 2,2A, 2C or 2D of 40 CFR part 60, appendix A, as
appropriate, shall be used for the determination of gas stream
volumetric flow rate. If Method 2 or 2C is used, the velocity
measurements shall be made at a single point than can be used, in
conjunction with the traverse, to establish an average velocity across
the stack.
(iii) Method 25A and/or Methods 18 and 25A of 40 CFR part 60,
appendix A, as appropriate, shall be used to [[Page 12680]] determine
the concentration of HAP in the streams.
(iv) The owner or operator may choose to perform tests only during
those periods of the episode in which the emission rate for the entire
episode can be determined, or when the emissions are greater than the
average emission rate of the episode. The owner or operator who chooses
either of these options must develop an emission profile for the entire
batch emission episode, based on either process knowledge or test data
collected, to demonstrate that test periods are representative.
Examples of information that could constitute process knowledge include
calculations based on material balances, and process stoichiometry.
Previous test results may be used provided the results are still
relevant to the current process vent stream conditions.
(v) For batch emission episodes of duration greater than 8 hours,
the owner or operator is required to perform a maximum of 8 hours of
testing. The test period must include the period of time in which the
emission rate is predicted by the emission profile to be greater than
average emission rate for the batch emission episode.
(f) The owner or operator of any affected WSR source that chooses
to comply with the emissions limit for process vents, storage tanks,
and wastewater systems shall calculate emissions from storage tanks in
accordance with the methods specified in Sec. 63.150(g)(3).
(g) The owner or operator of any affected WSR source that chooses
to comply with the emission limit for process vents, storage tanks, and
wastewater systems shall calculate emissions from wastewater treatment
systems (if applicable) in accordance with the methods described in 40
CFR part 63, appendix C.
(h) The owner or operator of any affected WSR source that chooses
to comply with the emission limit for process vents, storage tanks, and
wastewater systems shall calculate the average amount of WSR product
manufactured per batch, using data from performance tests or from
emission calculations, as applicable, to determine the average WSR
production per-batch production data for an annual period representing
normal operating conditions.
(1) The owner or operator shall calculate an average emission rate
per batch as the average of the results from the performance tests or
calculations. The production-based emission rate shall be calculated by
dividing the emissions per batch by the average production per batch.
(2) Compliance shall be determined according to the methodology
described in paragraph (c) of this section. The source is in compliance
with the standard for process vents, storage tanks, and wastewater
systems if the sum of the equation in paragraph (c) of this section is
less than the applicable emission limit from Sec. 63.524.
(i) The owner or operator of any affected BLR source or any
affected WSR source that chooses to comply with the requirements of
subpart H of this part must demonstrate the ability of its specific
program to meet the compliance requirements therein to achieve initial
compliance.
Sec. 63.526 Monitoring requirements.
(a) The owner or operator of any existing, new, or reconstructed
affected BLR source shall provide evidence of continued compliance with
the standard. During the initial compliance demonstration, maximum or
minimum operating parameters, as appropriate, shall be established for
processes and control devices that will indicate the source is in
compliance. If the operating parameter to be established is a maximum,
the value of the parameter shall be the average of the maximum values
from each of the three test runs. If the operating parameter to be
established is a minimum, the value of the parameter shall be the
average of the minimum values from each of the three test runs.
Parameter values for process vents with intermittent emission streams
shall be determined as specified in paragraph (b)(1) of this section.
The owner or operator shall operate processes and control devices
within these parameters to ensure continued compliance with the
standard. A de minimis level is specified in paragraph (a)(1) of this
section. Monitoring parameters are specified for various process vent
control scenarios in paragraphs (a) (2) through (6) of this section.
(1) For affected BLR sources, uncontrolled emission points emitting
less than one pound per year of HAP are not subject to the monitoring
requirements of paragraphs (a) (2) through (6) of this section. The
owner or operator shall use the methods specified in Sec. 63.525(a), as
applicable, or as specified in paragraph (a)(1)(i) of this section, to
demonstrate which emission points satisfy the de minimis criteria, to
the satisfaction of the Administrator.
(i) For the purpose of determining de minimis status for emission
points, engineering assessment may be used to determine process vent
stream flow rate and/or concentration for the representative operating
conditions expected to yield the highest flow rate and concentration.
Engineering assessment includes, but is not limited to, the following:
(A) Previous test results provided the tests are representative of
current operating practices at the process unit.
(B) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(C) Maximum flow rate, HAP emission rate, concentration, or other
relevant parameter specified or implied within a permit limit
applicable to the process vent.
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances based on process stoichiometry to
estimate maximum organic HAP concentrations,
(2) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities,
(3) Estimation of HAP concentrations based on saturation
conditions.
(ii) All data, assumptions, and procedures used in the engineering
assessment shall be documented in accordance with Sec. 63.527(c).
(2) For affected sources using water scrubbers, the owner or
operator shall establish a minimum scrubber water flow rate as a site-
specific operating parameter which must be measured and recorded every
15 minutes. The affected source will be considered to be out of
compliance if the scrubber water flow rate, averaged over any
continuous 24-hour period, is below the minimum value established
during the initial compliance demonstration.
(3) For affected sources using condensers, the owner or operator
shall establish the maximum condenser outlet gas temperature as a site-
specific operating parameter which must be measured and recorded every
15 minutes. The affected source will be considered to be out of
compliance if the condenser outlet gas temperature, averaged over any
continuous 24-hour period, is greater than the maximum value
established during the initial compliance demonstration.
(4) For affected sources using carbon adsorbers or having
uncontrolled process vents, the owner or operator shall establish a
maximum outlet HAP concentration as the site-specific operating
parameter which must be measured and recorded every 15 minutes. The
affected source will be considered to be out of compliance if
[[Page 12681]] the outlet HAP concentration, averaged over any
continuous 24-hour period, is greater than the maximum value
established during the initial compliance demonstration.
(5) For affected sources using flares, the presence of the pilot
flame shall be monitored every 15 minutes. The affected source will be
considered to be out of compliance upon loss of pilot flame.
(6) Wastewater system parameters to be monitored are the parameters
specified under 40 CFR part 414, subpart E. The affected source will be
considered to be out of compliance with this subpart W if it is found
to be out of compliance with 40 CFR part 414, subpart E.
(b) The owner or operator of any existing, new, or reconstructed
affected WSR source that chooses to comply with the emission limit for
process vents, storage tanks, and wastewater systems shall provide
evidence of continued compliance with the standard. As part of the
initial compliance demonstrations for batch process vents, test data or
compliance calculations shall be used to establish a maximum or minimum
level of a relevant operating parameter for each unit operation. The
parameter value for each unit operation shall represent the worst case
value of the operating parameter from all episodes in the unit
operation. The owner or operator shall operate processes and control
devices within these parameters to ensure continued compliance with the
standard.
(1) For batch process vents, the level shall be established in
accordance with paragraphs (b)(1) (i) through (iv) of this section if
compliance testing is performed.
(i) If testing is used to demonstrate initial compliance, the
appropriate parameter shall be monitored during all batch emission
episodes in the unit operation.
(ii) An average monitored parameter value shall be determined for
each of the batch emission episodes in the unit operation.
(iii) If the level to be established for the unit operation is a
maximum operating parameter, the level shall be defined as the minimum
of the average parameter values determined in paragraph (b)(1)(ii) of
this section.
(iv) If the level to be established for the unit operation is a
minimum operating parameter, the level shall be defined as the maximum
of the average parameter values determined in paragraph (b)(1)(ii) of
this section.
(2) Affected sources with condensers on process vents shall
establish the maximum condenser outlet gas temperature as a site-
specific operating parameter, which must be measured every 15 minutes,
or at least once for batch emission episodes less than 15 minutes in
duration. The affected source will be considered to be out of
compliance if the maximum condenser outlet gas temperature, averaged
over the duration of the batch emission episode or unit operation, is
greater than the value established during the initial compliance
demonstration.
(3) For affected sources using water scrubbers, the owner or
operator shall establish a minimum scrubber water flow rate as a site-
specific operating parameter which must be measured and recorded every
15 minutes, or at least once for batch emission episodes less than 15
minutes in duration. The affected source will be considered to be out
of compliance if the scrubber water flow rate, averaged over the
duration of the batch emission episode or unit operation, is below the
minimum flow rate established during the initial compliance
demonstration.
(4) For affected sources using carbon adsorbers or having
uncontrolled process vents, the owner or operator shall establish a
maximum outlet HAP concentration as the site-specific operating
parameter which must be measured and recorded every 15 minutes, or at
least once for batch emission episodes of duration shorter than 15
minutes. The affected source will be considered to be out of compliance
if the outlet HAP concentration, averaged over the duration of the
batch emission episode or unit operation, is greater than the value
established during the initial compliance demonstration.
(5) For affected sources using flares, the presence of the pilot
flame shall be monitored every 15 minutes, or at least once for batch
emission episodes less than 15 minutes in duration. The affected source
will be considered to be out of compliance upon loss of pilot flame.
(6) Wastewater system parameters to be monitored are the parameters
specified by 40 CFR part 414, subpart E. The affected source will be
considered to be out of compliance with this subpart W if it is found
to be out of compliance with 40 CFR part 414, subpart E.
(c) Periods of time when monitoring measurements exceed the
parameter values do not constitute a violation if they occur during a
startup, shutdown, or malfunction, and the facility follows its
startup, shutdown, and malfunction plan.
(d) The owner or operator of any affected WSR source that chooses
to comply with the requirements of subpart H of this part shall meet
the monitoring requirements of subpart H of this part.
Sec. 63.527 Recordkeeping requirements.
(a) The owner or operator of any affected BLR source shall keep
records of daily average values of equipment operating parameters
specified to be monitored under Sec. 63.526(a) or specified by the
Administrator. Records shall be kept in accordance with the
requirements of applicable paragraphs of Sec. 63.10 of subpart A of
this part, as specified in the General Provisions applicability table
of this subpart. The owner or operator shall keep records up-to-date
and readily accessible.
(1) A daily (24-hour) average shall be calculated as the average of
all values for a monitored parameter recorded during the operating day.
The average shall cover a 24-hour period if operation is continuous, or
the number of hours of operation per operating day if operation is not
continuous.
(2) The operating day shall be the period defined in the operating
permit or the Notification of Compliance Status in Sec. 63.9(h) of
subpart A of this part. It may be from midnight to midnight or another
continuous 24-hour period.
(3) In the event of an excursion, the owner or operator must keep
records of each 15-minute reading during the period in which the
excursion occurred.
(b) The owner or operator of any affected WSR source that elects to
comply with the emission limit for process vents, storage tanks, and
wastewater systems shall keep records of values of equipment operating
parameters specified to be monitored under Sec. 63.526(b) or specified
by the Administrator. The records that shall be kept are the average
values of operating parameters, determined for the duration of each
unit operation. Records shall be kept in accordance with the
requirements of applicable paragraphs of Sec. 63.10 of subpart A of
this part, as specified in the General Provisions applicability table
in this subpart. The owner or operator shall keep records up-to-date
and readily accessible. In the event of an excursion, the owner or
operator must keep records of each 15-minute reading for the entire
unit operation in which the excursion occurred.
(c) The owner or operator of any affected BLR source, as well the
owner or operator of any affected WSR source that chooses to comply
with the emission limit for process vents, storage tanks, and
wastewater systems, who [[Page 12682]] demonstrates that certain
process vents are below the de minimis cutoff for continuous monitoring
specified in Sec. 63.526(a)(1)(i), shall maintain up-to-date, readily
accessible records of the following information to document that a HAP
emission rate of less than one pound per year is maintained:
(1) The information used to determine de minimis status for each de
minimis process vent, as specified in Sec. 63.526(a)(1)(i);
(2) Any process changes as defined in Sec. 63.115(e) of subpart G
of this part that increase the HAP emission rate;
(3) Any recalculation or measurement of the HAP emission rate
pursuant to Sec. 63.115(e) of subpart G of this part; and
(4) Whether or not the HAP emission rate increases to one pound per
year or greater as a result of the process change.
(d) The owner or operator of any affected BLR source, as well as
the owner or operator of any affected WSR source who elects to
implement the leak detection and repair program specified in subpart H
of this part, shall implement the recordkeeping requirements outlined
therein. All records shall be retained for a period of 5 years, in
accordance with the requirements of 40 CFR 63.10(b)(1).
(e) Any excursion from the required monitoring parameter, unless
otherwise excused, shall be considered a violation of the emission
standard.
Sec. 63.528 Reporting requirements.
(a) The owner or operator of any affected BLR source, as well as
the owner or operator of any affected WSR source that elects to comply
with the emission limit for process vents, storage tanks, and
wastewater systems, shall comply with the reporting requirements of
applicable paragraphs of Sec. 63.10 of subpart A of this part, as
specified in the General Provisions applicability table in this
subpart. The owner or operator shall also submit to the Administrator,
as part of the quarterly excess emissions and continuous monitoring
system performance report and summary report required by
Sec. 63.10(e)(3) of subpart A of this part, the following recorded
information.
(1) Reports of monitoring data, including 15-minute monitoring
values as well as daily average values or per-unit operation average
values, as applicable, of monitored parameters for all operating days
or unit operations when the average values were outside the ranges
established in the Notification of Compliance Status or operating
permit.
(2) Reports of the duration of periods when monitoring data is not
collected for each excursion caused by insufficient monitoring data. An
excursion means any of the three cases listed in paragraph (a)(2)(i) or
(a)(2)(ii) of this section. For a control device where multiple
parameters are monitored, if one or more of the parameters meets the
excursion criteria in paragraph (a)(2)(i) or (a)(2)(ii) of this
section, this is considered a single excursion for the control device.
(i) When the period of control device operation is 4 hours or
greater in an operating day and monitoring data are insufficient to
constitute a valid hour of data, as defined in paragraph (a)(2)(iii) of
this section, for at least 75 percent of the operating hours.
(ii) When the period of control device operation is less than 4
hours in an operating day and more than one of the hours during the
period of operation does not constitute a valid hour of data due to
insufficient monitoring data.
(iii) Monitoring data are insufficient to constitute a valid hour
of data, as used in paragraphs (a)(2) (i) and (ii) of this section, if
measured values are unavailable for any of the 15-minute periods within
the hour.
(3) Whenever a process change, as defined in Sec. 63.115(e) of
subpart G of this part, is made that causes the emission rate from a de
minimis emission point to become a process vent with an emission rate
of one pound per year or greater, the owner or operator shall submit a
report within 180 calendar days after the process change. The report
may be submitted as part of the next summary report required under
Sec. 63.10(e)(3) of subpart A of this part. The report shall include:
(i) A description of the process change; and
(ii) The results of the recalculation of the emission rate.
(b) The owner or operator of any affected BLR source, as well as
the owner or operator of any affected WSR source who elects to
implement the leak detection and repair program specified in subpart H
of this part, shall implement the reporting requirements outlined
therein. Copies of all reports shall be retained as records for a
period of 5 years, in accordance with the requirements of 40 CFR
63.10(b)(1).
(c) The owner or operator of any affected BLR source, as well as
the owner or operator of any affected WSR source that elects to comply
with the emission limit for process vents, storage tanks, and
wastewater systems shall include records of wastewater system
monitoring parameters in the Notification of Compliance Status and
summary reports required by subpart A of this part.
Table 1 to Subpart W.--General Provisions Applicability to Subpart W
----------------------------------------------------------------------------------------------------------------
Applies to subpart W
------------------------------------------
WSR
alternative
standard,
Reference and BLR Comment
BLR WSR equipment
leak
standard (40
CFR part 63,
subpart H)
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)............. Yes......... Yes......... Yes......... Additional terms defined in Sec. 63.522.
Sec. 63.1(a)(2)............. Yes......... Yes......... Yes.........
Sec. 63.1(a)(3)............. Yes......... Yes......... Yes.........
Sec. 63.1(a)(4)............. Yes......... Yes......... Yes......... Subpart W specifies applicability of
each paragraph in subpart A to subpart
W.
Sec. 63.1(a)(5)............. N/A......... N/A......... N/A......... Reserved.
Sec. 63.1(a)(6)............. Yes......... Yes......... Yes.........
Sec. 63.1(a)(7)............. Yes......... Yes......... Yes.........
Sec. 63.1(a)(8)............. No.......... No.......... No.......... Discusses State programs.
Sec. 63.1(a)(9)............. N/A......... N/A......... N/A......... Reserved.
[[Page 12683]]
Sec. 63.1(a)(10)............ Yes......... Yes......... Yes.........
Sec. 63.1(a)(11)............ Yes......... Yes......... Yes.........
Sec. 63.1(a)(12)-(14)....... Yes......... Yes......... Yes.........
Sec. 63.1(b)(1)............. No.......... No.......... No.......... Sec. 63.521 of subpart W specifies
applicability.
Sec. 63.1(b)(2)............. Yes......... Yes......... Yes.........
Sec. 63.1(b)(3)............. Yes......... Yes......... Yes.........
Sec. 63.1(c)(1)............. Yes......... Yes......... Yes......... Subpart W specifies applicability of
each paragraph in subpart A to sources
subject to subpart W.
Sec. 63.1(c)(2)............. No.......... No.......... No.......... Area sources are not subject to subpart
W.
Sec. 63.1(c)(3)............. N/A......... N/A......... N/A......... Reserved.
Sec. 63.1(c)(4)............. Yes......... Yes......... Yes.........
Sec. 63.1(c)(5)............. Yes......... Yes......... No.......... Subpart H specifies applicable
notification requirements.
Sec. 63.1(d)................ N/A......... N/A......... N/A......... Reserved.
Sec. 63.1(e)................ Yes......... Yes......... Yes.........
Sec. 63.2................... Yes......... Yes......... Yes......... Additional terms are defined in Sec.
63.522 of subpart W; when overlap
between subparts A and W occurs,
subpart W takes precedence.
Sec. 63.3................... Yes......... Yes......... No.......... Other units used in subpart W are
defined in that subpart; units of
measure are spelled out for subpart H.
Sec. 63.4(a)(1)-(3)......... Yes......... Yes......... Yes.........
Sec. 63.4(a)(4)............. N/A......... N/A......... N/A......... Reserved.
Sec. 63.4(a)(5)............. Yes......... Yes......... Yes.........
Sec. 63.4(b)................ Yes......... Yes......... Yes.........
Sec. 63.4(c)................ Yes......... Yes......... Yes.........
Sec. 63.5(a)................ Yes......... Yes......... Yes......... Except replace the terms ``source'' and
``stationary source'' in Sec.
63.5(a)(1) of subpart A with ``affected
source''.
Sec. 63.5(b)(1)............. Yes......... Yes......... Yes.........
Sec. 63.5(b)(2)............. N/A......... N/A......... N/A......... Reserved.
Sec. 63.5(b)(3)............. Yes......... Yes......... Yes.........
Sec. 63.5(b)(4)............. Yes......... Yes......... Yes.........
Sec. 63.5(b)(5)............. Yes......... Yes......... Yes.........
Sec. 63.5(b)(6)............. Yes......... Yes......... Yes.........
Sec. 63.5(c)................ N/A......... N/A......... N/A......... Reserved.
Sec. 63.5(d)(1)(i).......... Yes......... Yes......... Yes.........
Sec. 63.5(d)(1)(ii)......... Yes......... Yes......... Yes.........
Sec. 63.5(d)(1)(iii)........ Yes......... Yes......... Yes.........
Sec. 63.5(d)(2)............. Yes......... Yes......... Yes.........
Sec. 63.5(d)(3)-(4)......... Yes......... Yes......... Yes.........
Sec. 63.5(e)................ Yes......... Yes......... Yes.........
Sec. 63.5(f)(1)............. Yes......... Yes......... Yes......... Except replace ``source'' in Sec.
63.5(f)(1) of subpart A with ``affected
source''.
Sec. 63.5(f)(2)............. Yes......... Yes......... Yes.........
Sec. 63.6(a)................ Yes......... Yes......... Yes.........
Sec. 63.6(b)(1)-(2)......... No.......... No.......... No.......... Subpart W specifies compliance dates.
Sec. 63.6(b)(3)-(4)......... Yes......... Yes......... Yes.........
Sec. 63.6(b)(5)............. ............ Yes......... No.......... Subpart H includes notification
requirements.
Sec. 63.6(b)(6)............. N/A......... N/A......... N/A......... Reserved.
Sec. 63.6(b)(7)............. No.......... Yes......... No.......... Sources subject to subpart H must comply
according to the schedule in Sec.
63.520 of subpart W for new sources
subject to subpart H.
Sec. 63.6(c)(1)-(2)......... Yes......... Yes......... Yes......... Except replace ``source'' in Sec.
63.6(c)(1)-(2) of subpart A with
``affected source''.
Sec. 63.6(c)(3)-(4)......... N/A......... N/A......... N/A......... Reserved.
Sec. 63.6(c)(5)............. Yes......... Yes......... Yes.........
Sec. 63.6(d)................ N/A......... N/A......... N/A......... Reserved.
Sec. 63.6(e)................ Yes......... Yes......... Yes.........
Sec. 63.6(f)(1)............. Yes......... Yes......... Yes.........
Sec. 63.6(f)(2)(i)-(ii)..... Yes......... Yes......... Yes.........
Sec. 63.6(f)(2)(iii)........ Yes......... Yes......... Yes.........
Sec. 63.6(f)(2)(iv)......... Yes......... Yes......... Yes.........
Sec. 63.6(f)(3)............. Yes......... Yes......... Yes.........
Sec. 63.6(g)................ Yes......... Yes......... Yes......... An alternative standard has been
proposed for WSR; however, affected
sources will have the opportunity to
demonstrate other alternatives to the
Administrator.
Sec. 63.6(h)................ No.......... No.......... No.......... Subpart W does not contain any opacity
or visible emissions standards.
[[Page 12684]]
Sec. 63.6(i)(1)............. Yes......... Yes......... Yes.........
Sec. 63.6(i)(2)............. Yes......... Yes......... Yes......... Except replace ``source'' in Sec.
63.6(2) (i) and (ii) of subpart A with
``affected source''.
Sec. 63.6(i)(3)............. Yes......... Yes......... Yes.........
Sec. 63.6(i)(4)(i).......... Yes......... Yes......... Yes.........
Sec. 63.6(i)(4)(ii)......... Yes......... Yes......... Yes.........
Sec. 63.6(i)(5)-(14)........ Yes......... Yes......... Yes.........
Sec. 63.6(i)(15)............ N/A......... N/A......... N/A......... Reserved.
Sec. 63.6(i)(16)............ Yes......... Yes......... Yes.........
Sec. 63.6(j)................ Yes......... Yes......... Yes.........
Sec. 63.7(a)(1)............. Yes......... Yes......... No.......... Subpart H specifies required testing and
compliance procedures.
Sec. 63.7(a)(2)(i)-(vi)..... Yes......... Yes......... No.......... Subpart H specifies that test results
must be submitted in the Notification
of Compliance Status due 150 days after
the compliance date.
Sec. 63.7(a)(2)(vii)-(viii). N/A......... N/A......... N/A......... Reserved.
Sec. 63.7(a)(2)(ix)......... Yes......... Yes......... Yes.........
Sec. 63.7(a)(3)............. Yes......... Yes......... Yes.........
Sec. 63.7(b)(1)............. Yes......... Yes......... Yes.........
Sec. 63.7(b)(2)............. Yes......... Yes......... Yes.........
Sec. 63.7(c)................ No.......... No.......... No..........
Sec. 63.7(d)................ Yes......... Yes......... Yes......... Except replace ``source'' in Sec.
63.7(d) of subpart A with ``affected
source''.
Sec. 63.7(e)(1)............. Yes......... Yes......... Yes......... Subpart W also contains test methods
specific to BLR and WSR sources.
Sec. 63.7(e)(2)............. Yes......... Yes......... Yes.........
Sec. 63.7(e)(3)............. Yes......... Yes......... No.......... Subpart H specifies test methods and
procedures.
Sec. 63.7(f)................ Yes......... Yes......... No.......... Subpart H specifies applicable methods
and provides alternatives.
Sec. 63.7(g)(1)............. Yes......... Yes......... No.......... Subpart H specifies performance test
reporting.
Sec. 63.7(g)(2)............. N/A......... N/A......... N/A......... Reserved.
Sec. 63.7(g)(3)............. Yes......... Yes......... Yes.........
Sec. 63.7(h)(1)-(2)......... Yes......... Yes......... Yes.........
Sec. 63.7(h)(3)(i).......... Yes......... Yes......... Yes.........
Sec. 63.7(h)(3)(ii)-(iii)... Yes......... Yes......... Yes.........
Sec. 63.7(h)(4)-(5)......... Yes......... Yes......... Yes.........
Sec. 63.8(a)(1)............. Yes......... Yes......... Yes.........
Sec. 63.8(a)(2)............. Yes......... Yes......... Yes.........
Sec. 63.8(a)(3)............. N/A......... N/A......... N/A......... Reserved.
Sec. 63.8(a)(4)............. Yes......... Yes......... Yes.........
Sec. 63.8(b)(1)............. Yes......... Yes......... Yes.........
Sec. 63.8(b)(2)............. Yes......... Yes......... No.......... Subpart H specifies locations to conduct
monitoring.
Sec. 63.8(b)(3)............. Yes......... Yes......... Yes.........
Sec. 63.8(c)(1)(i).......... Yes......... Yes......... Yes.........
Sec. 63.8(c)(1)(ii)......... Yes......... Yes......... Yes.........
Sec. 63.8(c)(1)(iii)........ Yes......... Yes......... Yes.........
Sec. 63.8(c)(2)-(3)......... Yes......... Yes......... Yes.........
Sec. 63.8(c)(4)-(8)......... No.......... No.......... No.......... Subpart W specifies monitoring
frequencies.
Sec. 63.8(d)................ No.......... No.......... No..........
Sec. 63.8(e)................ No.......... No.......... No..........
Sec. 63.8(f)(1)............. Yes......... Yes......... Yes.........
Sec. 63.8(f)(2)............. Yes......... Yes......... Yes.........
Sec. 63.8(f)(3)............. Yes......... Yes......... Yes.........
Sec. 63.8(f)(4)............. Yes......... Yes......... Yes.........
Sec. 63.8(f)(5)............. Yes......... Yes......... Yes.........
Sec. 63.8(f)(6)............. Yes......... Yes......... No..........
Sec. 63.8(g)................ Yes......... Yes......... Yes.........
Sec. 63.9(a)................ Yes......... Yes......... Yes.........
Sec. 63.9(b)(1)(i)-(ii)..... Yes......... Yes......... Yes.........
Sec. 63.9(b)(1)(iii)........ Yes......... Yes......... Yes.........
Sec. 63.9(b)(2)............. Yes......... Yes......... Yes.........
Sec. 63.9(b)(3)............. Yes......... Yes......... Yes.........
Sec. 63.9(b)(4)............. Yes......... Yes......... Yes.........
Sec. 63.9(b)(5)............. Yes......... Yes......... Yes.........
Sec. 63.9(c)................ Yes......... Yes......... Yes.........
Sec. 63.9(d)................ Yes......... Yes......... Yes.........
[[Page 12685]]
Sec. 63.9(e)................ No.......... No.......... No..........
Sec. 63.9(f)................ No.......... No.......... No..........
Sec. 63.9(g)................ No.......... No.......... No..........
Sec. 63.9(h)(1)-(3)......... Yes......... Yes......... No.......... Separate Notification of Compliance
Status requirements are specified for
subpart H.
Sec. 63.9(h)(4)............. N/A......... N/A......... N/A......... Reserved.
Sec. 63.9(h)(5)-(6)......... Yes......... Yes......... No.......... Subpart H specifies Notification of
Compliance Status requirements.
Sec. 63.9(i)................ Yes......... Yes......... Yes.........
Sec. 63.9(j)................ Yes......... Yes......... Yes.........
Sec. 63.10(a)............... Yes......... Yes......... Yes.........
Sec. 63.10(b)(1)............ Yes......... Yes......... Yes.........
Sec. 63.10(b)(2)............ No.......... No.......... No.......... Subparts H and W specify recordkeeping
requirements.
Sec. 63.10(b)(3)............ Yes......... Yes......... Yes.........
Sec. 63.10(c)(1)-(6)........ No.......... No.......... No..........
Sec. 63.10(c)(7)-(8)........ Yes......... Yes......... Yes.........
Sec. 63.10(c)(9)-(15)....... No.......... No.......... No..........
Sec. 63.10(d)(1)............ Yes......... Yes......... No.......... Subpart H specifies performance test
reporting requirements.
Sec. 63.10(d)(2)............ Yes......... Yes......... No.......... Subpart H specifies performance test
reporting requirements.
Sec. 63.10(d)(3)............ No.......... No.......... No..........
Sec. 63.10(d)(4)............ Yes......... Yes......... Yes.........
Sec. 63.10(d)(5)............ Yes......... Yes......... Yes.........
Sec. 63.10(e)(1)-(2)........ No.......... No.......... No..........
Sec. 63.10(e)(3)............ Yes......... Yes......... No..........
Sec. 63.10(e)(4)............ No.......... No.......... No..........
Sec. 63.10(f)............... Yes......... Yes......... Yes.........
Sec. 63.11-63.15............ Yes......... Yes......... Yes.........
----------------------------------------------------------------------------------------------------------------
[FR Doc. 95-5590 Filed 3-7-95; 8:45 am]
BILLING CODE 6560-50-P
