[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Rules and Regulations]
[Pages 18020-18026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8199]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5183-3]
RIN 2060-AC19
National Emission Standards for Hazardous Air Pollutants for
Source Categories; Organic Hazardous Air Pollutants from the Synthetic
Organic Chemical Manufacturing Industry and Other Processes Subject to
the Negotiated Regulation for Equipment Leaks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendments.
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SUMMARY: On October 24 and 28, 1994, EPA proposed amendments to certain
aspects of the ``National Emission Standards for Hazardous Air
Pollutants from the Synthetic Organic Chemical Manufacturing Industry
and Other Processes Subject to the Negotiated Regulation for Equipment
Leaks'' 59 FR 19402 (April 22, 1994) and 59 FR 29196 (June 6, 1994)
(collectively known as the ``hazardous organic NESHAP'' or the
``HON''). This action announces the EPA's final decisions on those
proposed amendments.
The rule is being revised to provide a deferral of HON requirements
for source owners or operators who wish to make an area source
certification and to establish minimum documentation requirements. This
action is being taken because EPA believes that in view of current
circumstances the requirements of the rule should not be imposed on
sources that are likely to be designated as area sources in the near
future. The rule is also being revised to extend the compliance date
for certain compressors and for surge control vessels and bottoms
receivers to allow the time necessary for installation of controls. The
applicability of control requirements for surge control vessels and
bottoms receivers is also being revised to reduce confusion over the
rule.
EFFECTIVE DATE: April 10, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Emission Standards
Division (MD-13), U.S. Environmental Protection Agency, Office of Air
Quality Planning and Standards, Research Triangle Park, North Carolina
27711, telephone number (919) 541-5254.
SUPPLEMENTARY INFORMATION:
I. Background
A. Federal Register Actions
On October 24, 1994 (59 FR 53359) EPA announced that, pursuant to
Clean Air Act section 307(d)(7)(B), it was reconsidering certain
portions of the HON rule and issuing a 3 month administrative stay. The
October 24, 1994 administrative stay applied only to those source
owners or operators who make a representation in writing that
resolution of the area source definition issues could affect whether
the facility is subject to the HON. As part of that action, EPA also
proposed amendments to the HON to establish procedures for a source to
obtain a deferral of HON requirements for such sources and to establish
minimum documentation requirements.
In addition, on October 28, 1994 (59 FR 54131), EPA announced an
administrative stay of the effectiveness of the provisions of the HON
for compressors and for surge control vessels and bottoms receivers for
sources subject to the October 24, 1994 compliance date. As part of
that action, EPA also proposed amendments to the HON to revise
compliance dates for compressors and for surge control vessels and
bottoms receivers to provide sufficient time to make the equipment
changes necessary for compliance with the rule. Provisions to document
the use of the compliance extensions for compressors were also
proposed. Changes were also proposed to the applicability of control
requirements for surge control vessels and bottoms receivers.
Along with both notices of partial stay and reconsideration, EPA
also proposed to extend the compliance dates beyond the 3 months
provided, as necessary to complete reconsideration and revision of the
rule in question. On January 27, 1995 (60 FR 5320), EPA amended the HON
to extend the compliance dates until April 24, 1995 to allow time to
complete the two sets of revisions to the rule.
B. Public Participation
Ten comment letters were received on each of the two notices of
proposed amendments. All comment letters received were from industry
representatives or trade associations. No comments objecting to the
EPA's basic approach were received on either the October 24 or the
October 28, 1994 proposed amendments. The significant
[[Page 18021]] issues raised and changes to the proposed amendments to
the rule are summarized in this preamble. The EPA's responses to all
comments can be found in docket A-90-19, subcategory VII-B and A-90-20,
subcategory VI-B. The response to comments may also be obtained from
the EPA's Technology Transfer Network (TTN), a network of electronic
bulletin boards developed and operated by the Office of Air Quality
Planning and Standards. The service is free, except for the cost of a
phone call. Dial (919) 541-5742 for up to a 14,400 bits per second
(bps) modem. Select TTN Bulletin Board: Clean Air Act Amendments and
select menu item Recently Signed Rules. If more information on TTN is
needed contact the systems operator at (919) 541-5384.
II. Summary of Amendments to Rule
A. Deferral of Requirements for Sources Making an Area Source
Certification
New paragraphs Sec. 63.100(b)(4), Sec. 63.103(f), and
Sec. 63.190(b)(7) and (b)(8) are added to the rule to provide
procedures to certify and document that a source is operating at
emission levels below the thresholds for a major source. These
provisions require the owner or operator: (1) To provide certification
that the source is operating such that its total actual annual
emissions are less than 10 tons of any one hazardous air pollutant
(HAP) and less than 25 tons of multiple HAP and will continue to
operate at or below this level pending the establishment of federally
enforceable limits; (2) to maintain documentation of the emission
calculations; and (3) to provide the documentation to EPA upon request.
If, in the EPA's judgment, the source does not qualify as an area
source, the source would be notified and would become subject to the
HON requirements. The provisions specify that if the applicable subpart
H compliance date has already passed, the source must comply with
subpart H requirements no later than 90 days after the notification.
The source would have the same compliance date for subparts F and G
(i.e., April 22, 1997) as other sources.
B. Amendments to Compressor Provisions, Sec. 63.164
Subparts F and I are amended to revise the compliance date for
compressor provisions for certain sources and to establish a mechanism
for owners or operators to request case-by-case compliance extensions
under certain circumstances. Specifically, Sec. 63.100(k)(4) is being
added to subpart F and Sec. 63.190(e)(3) is being added to subpart I to
revise the compliance date for compressors at process units subject to
the October 24, 1994 and January 23, 1995 compliance dates to May 10,
1995. Section 63.100(k)(5) is being added to subpart F and
Secs. 63.190(e)(4) is being added to subpart I to provide a mechanism
for owners or operators to request case-by-case compliance extensions
for delays due to unavailability of parts. Paragraph 63.100(k)(6) is
being added to subpart F and Sec. 63.190(e)(5) is being added to
subpart I to provide a similar mechanism for cases where a process unit
shutdown is necessary to permit modification of the compressor seal
system, barrier fluid system, or connection of the compressor to a
control device. Provisions have been added to the rule to provide a
compliance date of April 22, 1997 for cases where replacement of the
compressor or recasting of the distance piece is necessary for
compliance with Sec. 63.164. These provisions are provided in
Sec. 63.100(k)(6)(ii) and Sec. 63.190(e)(5)(ii).
C. Amendments to Provisions for Surge Control Vessels and Bottoms
Receivers, Sec. 63.170
This section has been revised to specify the same control criteria
and requirements as are established in subpart G for storage vessels.
Compliance with these requirements is required by April 22, 1997 for
all sources subject to the provisions of subparts F and I.
D. Compliance Extensions for Pollution Prevention Measures
Paragraph 63.100(k)(8) is added to subpart F to provide a
compliance extension for processes that plan to eliminate the use or
production of HAP.
III. Impacts
A. Area Source Deferral
The compliance date extensions for sources with actual emissions
less than 10 tons of any single HAP or less than 25 tons of multiple
HAP's will not affect the estimated emissions reduction and control
cost for the rule. The EPA did not consider such sources in development
of the rule.
B. Surge Control Vessels and Bottoms Receivers
The revisions to the compliance date and the control requirements
for surge control vessels and bottoms receivers will not affect the
estimated emissions reduction and control cost for the rule. As
described in the October 28, 1994 Federal Register (59 FR 54157), EPA
considered these items of process equipment to be either process vents
or storage vessels. Thus, the estimated emission reductions and control
costs always reflected application of the control criteria and
requirements in tables 2 and 3 to subpart H to these vessels.
C. Compressors
The revisions to the compliance date for compressors provisions are
estimated to have a negligible effect on the emissions reduction from
the equipment leak control requirements. Emissions from compressors
contribute only a small portion of the estimated emissions from
equipment leaks because there are very few compressors located in
synthetic organic chemical manufacturing industry (SOCMI) process
units. It is expected that only a small number of those compressors
would need to use these compliance extensions. Moreover, lower overall
emissions are expected in cases where a process unit shutdown is
necessary to install the replacement seal system or barrier fluid
system or to permit connecting the compressor to a control device.
These revisions to subpart H are not expected to affect the estimated
cost of compliance with the rule.
IV. Summary of Major Comments, Responses, and Changes to the
Proposal
A. Area Source Deferral
The major area of comment on the October 24, 1994 proposal
concerned the proposed documentation requirements and the request for
comment on whether more extensive monitoring and recordkeeping would be
appropriate. Several commenters recommended that EPA not impose
excessive documentation and recordkeeping requirements for sources with
actual emissions below the major source threshold. The commenters
reasoned that the nature of the operations that would qualify for this
deferral and existing non-Federal rules should provide adequate
assurance of maintenance of the emission levels. No comments were
received that supported requiring recordkeeping and reporting beyond
that specified in the proposed amendments to the rule. One commenter
also questioned EPA's position that toxic release inventory (TRI) data
would not sufficiently document the basis for the emission
calculations. The commenter noted that the TRI estimates are subject to
audit and every calculation and assumption used must be documented.
This commenter also stated that many facilities are using the same data
base [[Page 18022]] for TRI reporting as they are using for the Title V
permit program.
Since no comments were received indicating a need for additional
monitoring and documentation of these sources, the EPA concluded that
additional documentation of the emissions from these sources is not
warranted considering the nature and length of this deferral. The EPA
also reexamined the question of whether TRI data would be acceptable
for documenting the basis for the emission estimates. The EPA concluded
that TRI data would provide adequate documentation for this interim
deferral since the TRI data would be of sufficient precision and
accuracy in light of the nature and length of the deferral. In light of
this conclusion, EPA also concluded that allowing use of the TRI
documentation would avoid imposing an unproductive and unnecessary
additional recordkeeping requirement since it is likely that companies
will establish one system for emission estimates for TRI compliance as
well as for other air programs. This would have the additional benefit
of promoting use of one emissions recordkeeping system for a facility;
thus, benefiting both the owner or operator of the facility as well as
permitting authority. Therefore, Sec. 63.100(b)(4)(i)(B) and
Sec. 63.190(b)(7)(i)(B) have been revised to specifically state that
data reported under Superfund Amendments and Reauthorization Act (SARA)
313 may be used to satisfy the documentation requirements. These
paragraphs have also been edited to clarify that use of ``accepted
engineering practices'' to determine annual HAP emissions from each
emission point at the plant site, is an acceptable alternative to the
calculation procedures in Sec. 63.150 of subpart G, or the early
reduction demonstration procedures. The wording of the proposed
amendment would only have allowed use of ``accepted engineering
practices'' where the other procedures were unavailable. Because those
other procedures also involve some use of engineering judgment there is
no reason to limit use of accepted engineering practices to cases where
the other procedures are unavailable.
B. Compressors
One commenter recommended that provisions for compliance extensions
also include situations where modification of a compressor is necessary
to allow connecting the compressor to a control device. The commenter
noted that this kind of equipment modification requires the same degree
of planning and evaluation as the situations described in the October
28, 1994 proposal. This commenter also requested that EPA allow up to
April 22, 1997 for cases where replacement of a compressor is
necessary. The commenter explained that this additional time is
necessary since in some States construction permits must be obtained
for these modifications. The EPA agrees that these additional
situations are similar to the situations described in the October 28,
1994 Federal Register and, therefore, allowing additional time for
these cases is appropriate. These cases were not included in the
proposal due to uncertainty regarding the need to provide for these
cases. The final provisions allow owners or operators to request case-
by-case compliance extensions for these additional cases as well as for
replacement of the seal system or the barrier fluid system where
additional time is necessary due to the unavailability of parts or
until the next process unit shutdown.
C. Surge Control Vessels and Bottoms Receivers
There were no adverse comments on the proposed revisions to the
definition of surge control vessel or the revisions to include the same
control criteria as applied to storage vessels in subpart G. Several
commenters requested clarification of certain aspects of the proposed
provisions. The more substantive of these comments was a request for
clarification of whether the same controls that are acceptable for
storage vessels would be acceptable for compliance with Sec. 63.170.
The commenter noted that it appeared that EPA intended this, but the
rule seemed to not allow the use of floating roof controls for surge
control vessels. The EPA agrees that it was intended that the same
controls be allowed for this equipment as for storage vessels. Section
63.170 was revised to specifically provide that use of floating roof
controls that meet the specifications of Sec. 63.119 (b) or (c) are
acceptable means of compliance.
D. Compliance Extensions for Pollution Prevention Measures
The only comments received on this proposed provision was support
for correcting the original drafting oversight. Thus, there were no
changes to the proposed provisions.
V. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of the actions taken by this final rule is available only on the filing
of 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
action. Under section 307(b)(2) of the CAA, the requirements that are
subject to today's notice may not be challenged later in civil or
criminal proceedings brought by EPA to enforce these requirements.
VI. Administrative
A. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP were submitted to and approved by the Office of
Management and Budget (OMB). A copy of this Information Collection
Request (ICR) document (OMB control number 1414.02) may be obtained
from Sandy Farmer, Information Policy Branch (2136); U.S. Environmental
Protection Agency; 401 M Street, SW., Washington, DC 20460 or by
calling (202) 260-2740.
Today's changes to the NESHAP would have a minor impact on the
information collection burden estimates made previously. The added
provisions provide a mechanism to request compliance extensions and are
not required reports. Therefore, the ICR has not been revised.
B. Executive Order 12866 Review
The HON rule promulgated on April 22, 1994 was considered
``significant'' under Executive Order 12866 and a regulatory impact
analysis (RIA) was prepared. The amendments proposed today would revise
compliance dates to provide the time necessary for installation of
controls and do not add any additional control requirements. The EPA
believes that these proposed amendments would have a negligible impact
on the results of the RIA and the change is considered to be within the
uncertainty of the analysis. For the reasons discussed in section III,
the impacts on emissions reduction are also believed to be negligible.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires the identification
of potentially adverse impacts of Federal regulations upon small
business entities. The Act specifically requires the completion of a
Regulatory Flexibility Analysis in those instances where small business
impacts are possible. Because this rulemaking imposes no adverse
economic impacts, a Regulatory Flexibility Analysis has not been
prepared.
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this rule will not have a significant economic impact on a
substantial number of small business entities. [[Page 18023]]
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 28, 1995.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 63 of Chapter I of
title 40 of the Code of Federal Regulations is amended as follows.
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, 7412, 7414, 7416, and 7601.
2. Section 63.100 is amended by revising paragraph (b) introductory
text, by adding paragraph (b)(4), by revising paragraph (k)
introductory text, by revising the first sentence of paragraph (k)(3),
and by adding paragraphs (k)(4) through (k)(8) to read as follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(b) Except as provided in paragraphs (b)(4) and (c) of this
section, the provisions of subparts F, G, and H of this part apply to
chemical manufacturing process units that meet all the criteria
specified in paragraphs (b)(1), (b)(2), and (b)(3) of this section:
* * * * *
(4) The owner or operator of a chemical manufacturing processing
unit is exempt from all requirements of subparts F, G, and H until not
later than April 22, 1997 if the owner or operator certifies, in a
notification to the appropriate EPA Regional Office, not later than May
10, 1995 that the plant site at which the chemical manufacturing
processing unit is located emits, and will continue to emit, during any
12-month period, less than 10 tons per year of any individual HAP, and
less than 25 tons per year of any combination of HAP.
(i) If such a determination is based on limitations and conditions
that are not federally enforceable (as defined in subpart A of this
part), the owner or operator shall document the basis for the
determination as specified in paragraphs (b)(4)(i)(A) through
(b)(4)(i)(C) and comply with the recordkeeping requirement in
63.103(f).
(A) The owner or operator shall identify all HAP emission points at
the plant site, including those emission points subject to and emission
points not subject to subparts F, G, and H;
(B) The owner or operator shall calculate the amount of annual HAP
emissions released from each emission point at the plant site, using
acceptable measurement or estimating techniques for maximum operating
conditions at the plant site. Examples of estimating procedures that
are considered acceptable include the calculation procedures in
Sec. 63.150 of subpart G, the early reduction demonstration procedures
specified in Secs. 63.74 (c)(2), (c)(3), (d)(2), (d)(3), and (g), or
accepted engineering practices. If the total annual HAP emissions for
the plant site are annually reported under Emergency Planning and
Community Right-to-Know Act (EPCRA) section 313, then such reported
annual emissions may be used to satisfy the requirements of
Sec. 63.100(b)(4)(i)(B).
(C) The owner or operator shall sum the amount of annual HAP
emissions from all emission points on the plant site. If the total
emissions of any one HAP are less than 10 tons per year and the total
emissions of any combination of HAP are less than 25 tons per year, the
plant site qualifies for the exemption described in paragraph (b)(4) of
this section, provided that emissions are kept below these thresholds.
(ii) If such a determination is based on limitations and conditions
that are federally enforceable (as defined in subpart A of this part),
the owner or operator is not subject to the provisions of paragraph
(b)(4) of this section.
* * * * *
(k) Except as provided in paragraphs (l) and (m) of this section,
sources subject to subparts F, G, or H of this part are required to
achieve compliance on or before the dates specified in paragraphs
(k)(1) through (k)(8) of this section.
* * * * *
(3) Existing sources shall be in compliance with subpart H of this
part no later than the dates specified in paragraphs (k)(3)(i) through
(k)(3)(v) of this section, except as provided for in paragraphs (k)(4)
through (k)(8) of this section. * * *
(4) Existing chemical manufacturing process units in Groups I and
II as identified in table 1 of this subpart shall be in compliance with
the requirements of Sec. 63.164 of subpart H no later than May 10, 1995
for any compressor meeting one or more of the criteria in paragraphs
(k)(4)(i) through (k)(4)(iv) of this section, if the work can be
accomplished without a process unit shutdown, as defined in Sec. 63.161
in subpart H.
(i) The seal system will be replaced;
(ii) A barrier fluid system will be installed;
(iii) A new barrier fluid will be utilized which requires changes
to the existing barrier fluid system; or
(iv) The compressor must be modified to permit connecting the
compressor to a closed vent system.
(5) Existing chemical manufacturing process units shall be in
compliance with the requirements of Sec. 63.164 in subpart H no later
than 1 year after the applicable compliance date specified in paragraph
(k)(3) of this section, for any compressor meeting the criteria in
paragraphs (k)(5)(i) through (k)(5)(iv) of this section.
(i) The compressor meets one or more of the criteria specified in
paragraphs (k)(4) (i) through (iv) of this section;
(ii) The work can be accomplished without a process unit shutdown
as defined in Sec. 63.161 of subpart H;
(iii) The additional time is actually necessary due to the
unavailability of parts beyond the control of the owner or operator;
and
(iv) The owner or operator submits a request to the appropriate EPA
Regional Office at the addresses listed in Sec. 63.13 of subpart A of
this part no later than 45 days before the applicable compliance date
in paragraph (k)(3) of this section, but in no event earlier than May
10, 1995. The request shall include the information specified in
paragraphs (k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless
the EPA Regional Office objects to the request within 30 days after
receipt, the request shall be deemed approved.
(A) The name and address of the owner or operator and the address
of the existing source if it differs from the address of the owner or
operator;
(B) The name, address, and telephone number of a contact person for
further information;
(C) An identification of the chemical manufacturing process unit,
and of the specific equipment for which additional compliance time is
required;
(D) The reason compliance can not reasonably be achieved by the
applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of
this section; and
(E) The date by which the owner or operator expects to achieve
compliance.
(6)(i) If compliance with the compressor provisions of Sec. 63.164
of subpart H of this part can not reasonably be achieved without a
process unit shutdown, as defined in Sec. 63.161 of subpart H, the
owner or operator shall achieve compliance no later than April
[[Page 18024]] 22, 1996, except as provided for in paragraph (k)(6)(ii)
of this section. The owner or operator who elects to use this provision
shall comply with the requirements of Sec. 63.103(g) of this subpart.
(ii) If compliance with the compressor provisions of Sec. 63.164 of
subpart H of this part can not be achieved without replacing the
compressor or recasting the distance piece, the owner or operator shall
achieve compliance no later than April 22, 1997. The owner or operator
who elects to use this provision shall also comply with the
requirements of Sec. 63.103(g) of this subpart.
(7) Existing sources shall be in compliance with the provisions of
Sec. 63.170 of subpart H no later than April 22, 1997.
(8) If an owner or operator of a chemical manufacturing process
unit subject to the provisions of subparts F, G, and H of part 63 plans
to implement pollution prevention measures to eliminate the use or
production of HAP listed in table 2 of this subpart by October 23,
1995, the provisions of subpart H do not apply regardless of the
compliance dates specified in paragraph (k)(3) of this section. The
owner or operator who elects to use this provision shall comply with
the requirements of Sec. 63.103(h) of this subpart.
* * * * *
3. Section 63.101 is amended by revising the definition of ``surge
control vessel'' in paragraph (b) to read as follows:
Sec. 63.101 Definitions.
* * * * *
(b) * * *
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a chemical
manufacturing process unit when in-process storage, mixing, or
management of flow rates or volumes is needed to assist in production
of a product.
* * * * *
4. Section 63.103 is amended by adding paragraphs (f), (g), and (h)
to read as follows:
Sec. 63.103 General compliance, reporting and recordkeeping
requirements.
* * * * *
(f) To qualify for the exemption specified in Sec. 63.100(b)(4) of
this subpart, the owner or operator shall maintain the documentation of
the information required pursuant to Sec. 63.100(b)(4)(i), and
documentation of any update of this information requested by the EPA
Regional Office, and shall provide the documentation to the EPA
Regional Office upon request. The EPA Regional Office will notify the
owner or operator, after reviewing such documentation, if the source
does not qualify for the exemption specified in Sec. 63.100(b)(4) of
this section. In such cases, compliance with subpart H shall be
required no later than 90 days after expiration of the applicable
compliance date in Sec. 63.100(k)(3), but in no event earlier than 90
days after the date of such notification by the EPA Regional Office.
Compliance with subparts F and G shall be no later than April 22, 1997,
unless an extension has been granted by the EPA Regional Office or
operating permit authority as provided in Sec. 63.6(i) of subpart A of
this part.
(g) An owner or operator who elects to use the compliance extension
provisions of Sec. 63.100(k)(6)(i) or (ii) shall submit a compliance
extension request to the appropriate EPA Regional Office no later than
45 days before the applicable compliance date in Sec. 63.100(k)(3), but
in no event is submittal required earlier than May 10, 1995. The
request shall contain the information specified in
Sec. 63.100(k)(5)(iv) and the reason compliance can not reasonably be
achieved without a process unit shutdown, as defined in 40 CFR 63.161
or without replacement of the compressor or recasting of the distance
piece.
(h) An owner or operator who elects to use the compliance extension
provisions of Sec. 63.100(k)(8) shall submit to the appropriate EPA
Regional Office a brief description of the process change, identify the
HAP eliminated, and the expected date of cessation of use or production
of HAP. The description shall be submitted no later than May 10, 1995
or with the Notice of Compliance Status as required in Sec. 63.182(c)
of subpart H, whichever is later.
* * * * *
Subpart G--National Emission Standards for Organic Hazardous Air
Pollutants From Synthetic Organic Chemical Manufacturing Industry
for Process Vents, Storage Vessels, Transfer Operations, and
Wastewater
5. Section 63.111 is amended by adding the definition of ``surge
control vessel'' to read as follows:
Sec. 63.111 Definitions.
* * * * *
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a chemical
manufacturing process unit when in-process storage, mixing, or
management of flow rates or volumes is needed to assist in production
of a product.
* * * * *
Subpart H--National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks
6. Section 63.161 is amended by revising the definition of
``compliance date'' and the definition of ``surge control vessel'' to
read as follows:
Sec. 63.161 Definitions.
* * * * *
Compliance date means the dates specified in Sec. 63.100(k) or
Sec. 63.100(l)(3) of subpart F of this part for process units subject
to subpart F of this part; the dates specified in Sec. 63.190(e) of
subpart I of this part for process units subject to subpart I of this
part. For sources subject to other subparts in 40 CFR part 63 that
reference this subpart, compliance date will be defined in those
subparts. However, the compliance date for Sec. 63.170 shall be no
later than 3 years after the effective date of those subparts unless
otherwise specified in such other subparts.
* * * * *
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit (as defined in the specific subpart that references this subpart)
when in-process storage, mixing, or management of flow rates or volumes
is needed to assist in production of a product.
* * * * *
7. Section 63.170 is revised to read as follows:
Sec. 63.170 Standards: Surge control vessels and bottoms receivers.
Each surge control vessel or bottoms receiver that is not routed
back to the process and that meets the conditions specified in table 2
or table 3 of this subpart shall be equipped with a closed-vent system
that routes the organic vapors vented from the surge control vessel or
bottoms receiver back to the process or to a control device that
complies with the requirements in Sec. 63.172 of this subpart, except
as provided in Sec. 63.162(b) of this subpart, or comply with the
requirements of Sec. 63.119(b) or (c) of subpart G of this part.
8. Subpart H is amended by adding tables 2 and 3 to read as
follows:
* * * * *
[[Page 18025]]
Table 2 to Subpart H.--Surge Control Vessels and Bottoms Receivers at
Existing Sources
------------------------------------------------------------------------
Vapor
Vessel capacity (cubic meters) pressure\1\
(kilopascals)
------------------------------------------------------------------------
75 capacity < 151............................="">
13.1
151 capacity.................................
5.2a
------------------------------------------------------------------------
\1\Maximum true vapor pressure of total organic HAP at operating
temperature as defined in subpart G of this part.
Table 3 to Subpart H.--Surge Control Vessels and Bottoms Receivers at
New Sources
------------------------------------------------------------------------
Vapor
Vessel capacity (cubic meters) pressure\1\
(kilopascals)
------------------------------------------------------------------------
38 capacity < 151............................="">
13.1
151 capacity.................................
0.7
------------------------------------------------------------------------
\1\Maximum true vapor pressure of total organic HAP at operating
temperature as defined in subpart G of this part.
Subpart I--National Emission Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated
Regulation for Equipment Leaks
9. Section 63.190 is amended by revising paragraph (b) introductory
text, by adding paragraph (b)(7), by revising paragraph (e)(2), and by
adding paragraphs (e)(3) through (e)(6) to read as follows:
Sec. 63.190 Applicability and designation of source.
* * * * *
(b) Except as provided in paragraph (b)(7) of this section, the
provisions of subparts I and H of this part apply to emissions of the
designated organic HAP from the processes specified in paragraphs
(b)(1) through (b)(6) of this section that are located at a plant site
that is a major source as defined in section 112(a) of the Act. The
specified processes are further defined in Sec. 63.191.
* * * * *
(7) The owner or operator of a plant site at which a process
specified in paragraphs (b)(1) through (b)(6) of this section is
located is exempt from all requirements of subpart I until not later
than April 22, 1997, if the owner or operator certifies, in a
notification to the appropriate EPA Regional Office, not later than May
10, 1995 that the plant site at which the process is located emits, and
will continue to emit, during any 12-month period, less than 10 tons
per year of any individual HAP, and less than 25 tons per year of any
combination of HAP.
(i) If such a determination is based on limitations and conditions
that are not federally enforceable (as defined in subpart A of this
part), the owner or operator shall document the basis for the
determination as specified in paragraphs (b)(7)(i)(A) through
(b)(7)(i)(C).
(A) The owner or operator shall identify all HAP emission points at
the plant site, including those emission points subject to and emission
points not subject to subparts F, G, and H of this part;
(B) The owner or operator shall calculate the amount of annual HAP
emissions released from each emission point at the plant site, using
acceptable measurement or estimating techniques for maximum operating
conditions at the plant site. Examples of estimating procedures that
are considered acceptable include the calculation procedures in
Sec. 63.150 of subpart G, the early reduction demonstration procedures
specified in Secs. 63.74(c)(2), (c)(3), (d)(2), (d)(3), and (g), or
accepted engineering practices. If the total annual HAP emissions for
the plant site are annually reported under EPCRA section 313, then such
reported annual emissions may be used to satisfy the requirements of
this paragraph.
(C) The owner or operator shall sum the amount of annual HAP
emissions from all emission points on the plant site. If the total
emissions of any one HAP are less than 10 tons per year and the total
emissions of any combination of HAP are less than 25 tons per year, the
plant site qualifies for the exemption described in paragraph (b)(7) of
this section, provided that emissions are kept below these thresholds.
(ii) If such a determination is based on limitations and conditions
that are federally enforceable, and the plant site is not a major
source (as defined in subpart A of this part), the owner or operator is
not subject to the provisions of paragraph (b)(7) of this section.
* * * * *
(e) * * *
(2) Existing sources shall comply no later than October 24, 1994,
except as provided in paragraphs (e)(3) through (e)(6) of this section
or unless an extension has been granted by the EPA Regional Office or
operating permit authority, as provided in Sec. 63.6(i) of subpart A of
this part.
(3) Existing process units shall be in compliance with the
requirements of Sec. 63.164 of subpart H no later than May 10, 1995 for
any compressor meeting one or more of the criteria in paragraphs
(e)(3)(i) through (e)(3)(iv) of this section, if the work can be
accomplished without a process unit shutdown, as defined in
Sec. 63.161.
(i) The seal system will be replaced;
(ii) A barrier fluid system will be installed;
(iii) A new barrier fluid will be utilized which requires changes
to the existing barrier fluid system; or
(iv) The compressor must be modified to permit connecting the
compressor to a closed vent system.
(4) Existing process units shall be in compliance with the
requirements of Sec. 63.164 of subpart H no later than January 23,
1996, for any compressor meeting the criteria in paragraphs (e)(4)(i)
through (e)(4)(iv) of this section.
(i) The compressor meets one or more of the criteria specified in
paragraphs (e)(3) (i) through (iv) of this section;
(ii) The work can be accomplished without a process unit shutdown
as defined in Sec. 63.161;
(iii) The additional time is actually necessary due to the
unavailability of parts beyond the control of the owner or operator;
and
(iv) The owner or operator submits a request to the appropriate EPA
Regional Office at the addresses listed in Sec. 63.13 of subpart A of
this part no later than May 10, 1995. The request shall include the
information specified in paragraphs (e)(4)(iv)(A) through (e)(4)(iv)(E)
of this section. Unless the EPA Regional Office objects to the request
within 30 days after receipt, the request shall be deemed approved.
(A) The name and address of the owner or operator and the address
of the existing source if it differs from the address of the owner or
operator;
(B) The name, address, and telephone number of a contact person for
further information;
(C) An identification of the process unit, and of the specific
equipment for which additional compliance time is required;
(D) The reason compliance cannot reasonably be achieved by May 10,
1995; and
(E) The date by which the owner or operator expects to achieve
compliance.
(5)(i) If compliance with the compressor provisions of Sec. 63.164
of subpart H of this part cannot reasonably be achieved without a
process unit shutdown, as defined in Sec. 63.161 of subpart H, the
owner or operator shall achieve compliance no later than April 22,
1996, except as provided in paragraph (e)(5)(ii) of this section. The
owner or operator who elects to use this provision shall also comply
with the requirements of Sec. 63.192(g) of this
subpart. [[Page 18026]]
(ii) If compliance with the compressor provisions of Sec. 63.164 of
subpart H of this part cannot be achieved without replacing the
compressor or recasting the distance piece, the owner or operator shall
achieve compliance no later than April 22, 1997. The owner or operator
who elects to use this provision shall also comply with the
requirements of Sec. 63.192(g) of this subpart.
(6) Existing sources shall be in compliance with the provisions of
Sec. 63.170 of subpart H no later than April 22, 1997.
* * * * *
10. Section 63.191 is amended by revising the definition of ``surge
control vessel'' in paragraph (b) to read as follows:
Sec. 63.191 Definitions.
* * * * *
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit when in-process storage, mixing, or management of flow rates or
volumes is needed to assist in production of a product.
* * * * *
11. Section 63.192 is amended by adding paragraphs (l) and (m) to
read as follows:
Sec. 63.192 Standard.
* * * * *
(l) To qualify for the exemption specified in Sec. 63.190(b)(7) of
this subpart, the owner or operator shall maintain the documentation of
the information required pursuant to Sec. 63.190(b)(7)(i), and
documentation of any update of this information requested by the EPA
Regional Office, and shall provide the documentation to the EPA
Regional Office upon request. The EPA Regional Office will notify the
owner or operator, after reviewing such documentation, whether, in the
EPA Regional Office's judgement, the source does not qualify for the
exemption specified in Sec. 63.190(b)(7) of this subpart. In such
cases, compliance with this subpart shall be required no later than 90
days after the date of such notification by the EPA Regional Office.
(m) An owner or operator who elects to use the compliance extension
provisions of Sec. 63.190(e)(5) (i) or (ii) shall submit a compliance
extension request to the appropriate EPA Regional Office no later than
May 10, 1995. The request shall contain the information specified in
Sec. 63.190(e)(4)(iv) and the reason compliance cannot reasonably be
achieved without a process unit shutdown, as defined in Sec. 63.161 of
subpart H or replacement of the compressor or recasting of the distance
piece.
* * * * *
[FR Doc. 95-8199 Filed 4-7-95; 8:45 am]
BILLING CODE 6560-50-P
