[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Proposed Rules]
[Pages 34950-34956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13165]
Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 /
Proposed Rules
[[Page 34950]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6347-1]
RIN 2060-A-53
National Emission Standards for Hazardous Air Pollutants: Generic
Maximum Achievable Control Technology; Process Wastewater Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Supplemental notice of proposed rulemaking; reopening of public
comment period.
-----------------------------------------------------------------------
SUMMARY: On October 14, 1998, the EPA proposed a consolidated
rulemaking that included several related elements: the establishment of
the EPA's ``generic MACT standards'' program for setting national
emission standards for hazardous air pollutants (NESHAP) under section
112 of the Clean Air Act (Act) for certain small source categories
consisting of five or fewer sources; as part of this program, the
establishment of an alternative methodology for making EPA's maximum
available control technology (MACT) determination for appropriate small
categories by referring to previous MACT standards that have been
promulgated for similar sources in other categories; the proposal of
MACT standards that were developed within the generic MACT framework
for four specific source categories (i.e., acetal resins (AR)
production, acrylic and modacrylic fiber (AMF) production, hydrogen
fluoride (HF) production, and polycarbonate(s) (PC) production; and the
proposal of general control requirements for certain types of emission
points for hazardous air pollutants (HAP), which would then be
referenced, as appropriate, in the generic MACT requirements for
individual source categories.
The initial comment period for the proposed generic MACT standards
closed on January 12, 1999. The EPA received several comments
requesting clarifying changes to the standards. Changes in response to
relevant comments have been made and those standards are being
promulgated elsewhere in this separate part of the Federal Register.
However, comments related to the wastewater provisions were received,
which upon consideration by the EPA, indicate a need for significant
changes to these provisions. Therefore, in today's promulgated rule for
the generic MACT standards, the EPA has deferred taking final action
regarding provisions applicable to process wastewater streams for the
AR, AMF, and PC production source categories.
DATES: Comments: Comments must be received on or before July 29, 1999.
Public Hearing: A public hearing will be held, if a timely hearing
request is received, to provide interested persons an opportunity to
present information pertaining to today's supplemental proposal. If any
person specifically requests that a public hearing be held by July 6,
1999, a public hearing will be held on July 13, 1999 beginning at 10
a.m. Any request that a hearing be held concerning this supplemental
proposal must be submitted orally or in writing no later than July 6,
1999.
ADDRESSES: Comments: Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
(LE-131), Attention, Docket No. A-97-17, U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460. The EPA requests that a
separate copy of comments also be sent to Mr. David W. Markwordt (see
FOR FURTHER INFORMATION CONTACT for address).
Comments and data may be submitted by electronic mail (e-mail) to:
a-and-r-docket@epa.gov. Electronic comments must be submitted as an
ASCII file to avoid the use of special characters and encryption
problems. Comments and data will also be accepted on Microsoft DOS
formatted 3.5 inches high-density diskettes containing
WordPerfect 5.1 or 6.1, or ASCII formatted files. All
comments and data submitted in electronic form must note the docket
number: A-97-17. No confidential business information (CBI) should be
submitted by e-mail. Electronic comments on this notice may be filed
online at many Federal Depository Libraries.
Public Hearing: If a timely request for a public hearing is
received, the hearing will be held at the EPA Office of Administration
Auditorium, Research Triangle Park, North Carolina. Persons interested
in attending such a hearing should contact Ms. Dorothy Apple at (919)
541-4487, Policy Planning and Standards Group (MD-13) to verify that a
hearing will be held. The subject matter of any hearing will be
strictly limited to the proposed revisions of the wastewater provisions
for the AR, AMF, and PC source categories set forth in today's
supplemental proposal.
Docket: A docket, No. A-97-17, containing information considered by
the EPA in the development of the proposed and promulgated generic MACT
standards, is available for public inspection between 8:30 a.m. and
5:30 p.m., Monday through Friday (except for Federal holidays), at the
following address: U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center (MC-6102), 401 M Street, SW,
Washington, DC 20460, telephone: (202) 260-7548. The EPA's Air Docket
section is located at the above address in Room M-1500, Waterside Mall
(ground floor). The proposed and final standards, and supporting
information, are available for inspection and copying. A reasonable fee
may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this document, contact Mr. David W. Markwordt, Policy, Planning, and
Standards Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone: (919) 541-0837; facsimile: (919) 541-0942; e-mail
address: markwordt.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Plain Language
In compliance with President Clinton's June 1, 1998 Executive
Memorandum on Plain Language in government writing, this preamble is
written using plain language. Thus, the use of ``we'' in this notice
refers to the EPA. The use of ``you'' refers to the reader, and may
include industry; State, local, and tribal governments; environmental
groups; and other interested individuals.
On October 14, 1998 (63 FR 55178), we proposed a consolidated
rulemaking that included generic MACT standards under section 112 of
the Act for certain small source categories consisting of five or fewer
sources. In a separate document published elsewhere in this separate
part of the Federal Register, we are taking final action on nearly all
aspects of that proposal, but we are deferring final action on the
provisions applicable to process and maintenance wastewater and certain
liquid streams in open systems.
I. Comments Received on the Proposed Wastewater Provisions
Commenters raised several issues related to the wastewater
provisions proposed on October 14, 1998. One commenter provided that
the proposed provisions did not specify the location for determining
HAP concentration. The commenter stated that it seems appropriate to
make this determination at the entrance to each wastewater treatment
system unit. The commenter
[[Page 34951]]
recommended that a definition for ``point of determination'' be made
and that references to ``point of generation'' be changed to ``point of
determination.'' The commenter also stated that an owner or operator
should be allowed to use all of the test methods specified in the
hazardous organic NESHAP (HON) when determining HAP concentrations in
wastewater.
Another commenter stated that there was no information or
requirements for treatment or destruction of wastewater streams leaving
the process unit. The commenter noted that the proposal only required
control of secondary emissions from equipment handling the wastewater
stream.
Based on comments received, and an evaluation of the proposed
process wastewater stream provisions, we agree that the proposed
process wastewater stream provisions for the AR, AMF, and PC standards
did not include adequate applicability procedures and treatment
requirements. We also concluded that provisions were needed to address
HAP emissions from maintenance wastewater and certain liquid streams in
open systems. The final standards for these source categories that
appear in today's Federal Register do not contain any wastewater
provisions. Rather, we are reopening the comment period to specifically
request additional comment on appropriate revisions of the wastewater
provisions.
II. Summary of Proposed Amendments
The proposed amendments incorporate and cross-reference appropriate
wastewater provisions of the HON for the AR, AMF, and PC production
source categories. The proposed amendments respond to comments received
on the wastewater provisions on October 14, 1998. In addition, these
amendments reflect our original intent regarding ``point of
determination'' measurements and ``treatment and destruction''
requirements for process wastewater and that requirements for
maintenance wastewater and liquid streams in open systems be included.
The proposed amendments for process wastewater, maintenance
wastewater, and liquid streams in open systems directly refer to HON
wastewater requirements. For process wastewater, you are required to
make a group determination for each wastewater stream based on flow
rate and organic HAP concentration. If a process wastewater stream is
determined to be Group 1, you must comply with specific requirements
for waste management units to suppress emissions, and requirements to
treat the wastewater streams to reduce the organic HAP concentration.
The suppression requirements in the referenced sections of the HON are
equivalent in stringency to the wastewater requirements that were
proposed on October 14, 1998 for most emissions points associated with
wastewater streams.
The maintenance wastewater provisions require, for each maintenance
wastewater stream that contains organic HAP, that you develop and
follow procedures to manage wastewaters generated during maintenance
activities so that emissions are minimized. The proposed provisions for
liquid streams in open systems apply to drain or drain hubs, manholes,
lift stations, trenches, pipes, oil/water separators, and tanks, and
require that you implement specific emission reduction techniques for
each type of equipment.
We intend to take final action concerning the revised wastewater
provisions for the AR, AMF, and PC source categories proposed today as
expeditiously as practicable, but no later than November 15, 1999 (the
revised date set forth in a proposed consent decree). For purposes of
this rulemaking, we will consider only comments limited to the newly
proposed process wastewater stream provisions for the AR, AMF, and PC
production source categories (see IV. Solicitation of Comments).
III. Summary of Impacts
We estimate that the impacts for air emissions will be negligible
as the AMF, AR, and PC production affected sources that would be
subject to these requirements are already well controlled. Similarly,
water pollution and solid waste, and increases in energy use resulting
from the use of control devices would be negligible. Based on previous
impacts analyses associated with the application of the control and
recovery devices required under the standards and because each of the
three subject source categories have only five or fewer major sources,
we believe that there will be minimal, if any, adverse environmental or
energy impacts associated with the final standards.
Likewise, based on available information, we estimate that the cost
and economic impacts of the proposed amendments to the promulgated
standards for the three source categories being regulated will be
insignificant or minimal. The economic analyses for each of the three
source categories can be obtained from the dockets established for
these source categories (see ADDRESSES).
IV. Solicitation of Comments
As noted in section I of today's SNPR, commenters provided comment
on the limitations of the proposed wastewater provisions. We evaluated
their comments and realized that treatment provisions had inadvertently
been omitted and that the applicability procedures were not adequate.
The three source categories affected by the proposed wastewater
provisions amendments (i.e., the AMF, AR, and PC production source
categories) handle organic HAP waste streams similar to what is managed
by the HON. Therefore, these proposed amendments directly reference HON
wastewater provisions. We are soliciting comment on the appropriateness
of these HON wastewater provisions for the AR, AMF, and PC production
source categories.
V. Administrative Requirements
A. Docket
The docket is an organized and complete file of the administrative
record compiled by the EPA in the development of the rule. The docket
is a dynamic file, since material is added throughout the rulemaking
development. The docketing system is intended to allow members of the
public and industries involved to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the statement of basis and purpose of the proposed and
promulgated standards and EPA responses to significant comments, the
contents of the docket will serve as the record in case of judicial
review (except for interagency review materials) (see 42 U.S.C.
7607(d)(7)(A)).
B. Paperwork Reduction Act
The information collection requirements associated with this
supplemental notice of proposed rulemaking do not add to the
promulgated rule information collection requirements. The information
collection requirements of the promulgated rule for the Generic MACT
standards were submitted for approval to the Office of Management and
Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
Under the promulgated rule, an Information Collection Request (ICR)
document was prepared by the EPA (ICR No. 1871.02) and a copy may be
obtained from Sandy Farmer, OPPE Regulatory Information Division, U.S.
Environmental Protection Agency (2137), 401 M Street, S.W., Washington,
DC 20460, or by calling (202) 260-2740.
[[Page 34952]]
C. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether a regulatory action is ``significant'' and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines ``significant regulatory action'' as one that
is likely to result in a rule that may:
(1) have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Today's SNPR is a significant action under the terms of Executive
Order 12866 because the proposed amendments for AR, AMF, and PC
production do constitute a ``significant regulatory action'' as defined
under Executive Order 12866.
D. Executive Order 12875
Under Executive Order 12875, the EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments, or EPA consults with those governments.
If the EPA complies by consulting, Executive Order 12875 requires the
EPA to develop an effective process permitting elected officials and
other representatives of State, local and tribal governments ``to
provide meaningful and timely input in the development of regulatory
proposals containing significant unfunded mandates.'' Today's proposed
amendments implement requirements specifically set forth by the
Congress in section 112 of the Act without the exercise of any
discretion by the EPA. Accordingly, the requirements of section 1(a) of
Executive Order 12875 do not apply to this rule.
E. Executive Order 13045
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is economically
significant as defined under Executive Order 12866, and (2) the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the EPA.
This proposed amendments are not subject to Executive Order 13045
because it is not an economically significant regulatory action as
defined by Executive Order 12866. No children's risk analysis was
performed for this rulemaking because the agency does not have the data
necessary to conduct such analysis, and cannot obtain such data with
available resources.
F. Executive Order 13084
Under Executive Order 13084, the EPA may not issue a regulation
that is not required by statute, that significantly or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance cost incurred by the tribal governments, or the EPA consults
with those governments. If the EPA complies by consulting, Executive
Order 13084 requires the EPA to provide to OMB, in a separately
identified section of the preamble to the rule, a description of the
extent of the EPA's prior consultation with representatives of affected
tribal governments, a summary of the nature of their concerns, and a
statement supporting the need to issue the regulation. In addition,
Executive Order 13084 requires the EPA to develop an effective process
permitting elected officials and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.'' Today's rule implements requirements specifically
set forth by Congress in section 112 of the Act without the excercise
of any discretion by the EPA. Accordingly, the requirements of section
3(b) of Executive Order 13084 do not apply to this rule.
G. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act of 1996
The RFA of 1980 (5 U.S.C. 601, et seq.), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), requires
the EPA to give special consideration to the effect of Federal
regulations on small entities and to consider regulatory options that
might mitigate any such impacts.
Today's action is not subject to the requirements of the RFA as
modified by SBREFA because it does not impose any regulatory
requirements on small entities.
H. Unfunded Mandates Reform Act of 1995
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate, or to
the private sector, of $100 million or more in any one year. Under
section 205, the EPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires the EPA to
establish a plan for informing and advising any small governments that
may be significantly or uniquely impacted by the rule.
Because the promulgated rule and this supplemental notice of
proposed rulemaking do not include a Federal mandate and is estimated
to result in expenditures less than $100 million in any one year by
State, local, and tribal governments, the EPA has not prepared a
budgetary impact statement or specifically addressed the selection of
the least costly, most cost-effective, or least burdensome alternative.
In addition, because small governments would not be significantly or
uniquely affected by this rule, the EPA is not required to develop a
plan with regard to small governments. Therefore, the requirements of
the UMRA do not apply to this action.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (the NTTAA), Public Law 104-113, section 12(d) (15 U.S.C.
272 note), directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be
[[Page 34953]]
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices,
etc.) that are developed or adopted by voluntary consensus standard
bodies. The NTTAA requires the EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
This action does not involve the proposal of any new technical
standards. It does, however, incorporate by reference existing
technical standards, including government-unique technical standards.
The technical standards proposed with this action are standards that
have been proposed and promulgated under other rulemakings for similar
source control applicability and compliance determinations. The EPA
solicits comment on the identification of potentially-applicable
voluntary consensus standards that could be use in lieu of standard
proposed under today's action. The EPA request that submitted comments
include an explanation why such standards should be used in lieu of
those proposed.
As part of a larger effort, the EPA is undertaking a project to
cross-reference existing voluntary consensus standards on testing,
sampling, and analysis, with current and future EPA test methods. When
completed, this project will assist the EPA in identifying potentially-
applicable voluntary consensus standards that can then be evaluated for
equivalency and applicability in determining compliance with future
regulations.
List of Subjects in 40 CFR Part 63
Environmental protection, Acetal resins production, Acrylic and
modacrylic fiber production, Administrative practice and procedure, Air
pollution control, Hazardous substances, Intergovernmental relations,
Polycarbonates production, Process wastewater streams, Reporting and
recordkeeping requirements.
Dated: May 14, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--National Emission Standards for Hazardous Air
Pollutants for Source Categories: Generic Maximum Achievable
Control Technology Standards
2. Section 63.1100 is amended by adding paragraph (g)(5) to read as
follows:
Sec. 63.1100 Applicability.
* * * * *
(g) * * *
(5) Overlap of subpart YY with other regulations for wastewater.
(i) After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, wastewater streams that are
subject to the wastewater requirements of this subpart and the
wastewater requirements of subparts F, G, and H of this part
(collectively known as the ``HON'') are in compliance with the
requirements of this subpart if it complies with either such
requirement.
(ii) After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, wastewater streams that are
subject to control requirements in the Benzene Waste NESHAP (subpart FF
of part 61 of this chapter) and this subpart are required to comply
with both subpart FF of part 61 of this chapter and this subpart.
3. Section 63.1101 is amended by adding definitions in alphabetical
order to read as follows:
Sec. 63.1101 Definitions.
* * * * *
Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b).
Annual average flow rate, as used in the wastewater provisions,
means the annual average flow rate, as determined according to the
procedures specified in Sec. 63.144(c).
* * * * *
Group 1 wastewater stream means a process wastewater stream at an
existing or new source that meets the criteria for Group 1 status in
Sec. 63.132(c).
Group 2 wastewater stream means a process wastewater stream that
does not meet the definition of a Group 1 wastewater stream.
* * * * *
Maintenance wastewater means wastewater generated by the draining
of process fluid from components in the chemical manufacturing process
unit into an individual drain system prior to or during maintenance
activities. Maintenance wastewater can be generated during planned and
unplanned shutdowns and during periods not associated with a shutdown.
Examples of activities that can generate maintenance wastewaters
include descaling of heat exchanger tubing bundles, cleaning of
distillation column traps, draining of low legs and high point bleeds,
draining of pumps into an individual drain system, and draining of
portions of the chemical manufacturing process unit for repair.
* * * * *
Oil-water separator or organic-water separator means a waste
management unit, generally a tank used to separate oil or organics from
water. An oil-water or organic-water separator consists of not only the
separation unit but also the forebay and other separator basins,
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that
are located directly after the individual drain system and prior to
additional waste management units such as an air flotation unit,
clarifier, or biological treatment unit. Examples of an oil-water or
organic-water separator include, but are not limited to, an American
Petroleum Institute separator, parallel-plate interceptor, and
corrugated-plate interceptor with the associated ancillary equipment.
* * * * *
Point of determination means each point where process wastewater
exits the chemical manufacturing process unit.
Note to definition for ``Point of determination'': This subpart
allows determination of the characteristics of a wastewater stream:
At the point of determination; or downstream of the point of
determination if corrections are made for changes in flow rate and
annual average concentration of Table 9 compounds as determined in
Sec. 63.144. Such changes include losses by air emissions; reduction
of annual average concentration or changes in flow rate by mixing
with other water or wastewater streams; and reduction in flow rate
or annual average concentration by treating or otherwise handling
the wastewater stream to remove or destroy hazardous air pollutants.
* * * * *
Process wastewater means wastewater which, during manufacturing or
processing, comes into direct contact
[[Page 34954]]
with or results from the production or use of any raw material,
intermediate product, finished product, by-product, or waste product.
Examples are product tank drawdown or feed tank drawdown, water formed
during a chemical reaction or used as a reactant; water used to wash
impurities from organic products or reactants; equipment washes between
batches in a batch process; water used to cool or quench organic vapor
streams through direct contact; and condensed steam from jet ejector
systems pulling vacuum on vessels containing organics.
Process wastewater stream means a stream that contains process
wastewater.
* * * * *
Table 9 compounds means compounds listed in Table 9 of subpart G of
this part.
* * * * *
Wastewater is either a process wastewater or a maintenance
wastewater and means water that:
(1) Contains either:
(i) An annual average concentration of Table 9 compounds of at
least 5 parts per million by weight at the point of determination and
has an annual average flow rate of 0.02 liter per minute or greater; or
(ii) An annual average concentration of Table 9 compounds of at
least 10,000 parts per million by weight at the point of determination
at any flow rate; and
(2) Is discarded from a chemical manufacturing process unit.
Wastewater stream means a stream that contains wastewater.
4. Section 63.1103 is amended in table 1 in paragraph (a) by adding
in numerical order entries 6, 7, and 8; in table 2 in paragraph
(b)(3)(i) by adding in numerical order entries 8, 9, and 10; in table 5
in paragraph (d) by adding in numerical order entries 7, 8, and 9; and
in table 6 in paragraph (d) by adding in numerical order entries 6, 7,
and 8 to read as follows:
Sec. 63.1103 Source category-specific applicability, definitions, and
requirements.
(a) * * *
Table 1 to Sec. 63.1103(a).--What Are My Requirements If I Own or
Operate an Acetal Resins Production Existing or New Affected Source?
------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
------------------------------------------------------------------------
* * * *
*
6. An acetal resins The process Comply with the
production process unit wastewater stream requirements of
that generates process is a Group 1 Sec. 63.1106(a).
wastewater. wastewater stream.
7. An acetal resins The maintenance Comply with the
production process unit wastewater contains requirements of
that generates maintenance organic HAP. Sec. 63.1106(b).
wastewater.
8. An item of equipment The item of Comply with the
listed in Sec. equipment meets the requirements in
63.1106(c)(1). criteria specified Table 35 of subpart
in Sec. G of this part.
63.1106(c)(1)
through (3) and
either (c)(4)(i) or
(ii).
------------------------------------------------------------------------
* * * * *
(b) * * *
(3) * * *
(i) * * *
Table 2. To Sec. 63.1103(b)(3)(i).--What Are My Requirements If I Own
or Operate an Acrylic and Modacrylic Fiber Production Existing or New
Affected Source and Am Complying With Paragraph (b)(3)(i) of This
Section?
------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
------------------------------------------------------------------------
* * * *
* * *
8. An acrylic and The process Comply with the
modacrylic fiber production wastewater stream requirements of
process unit that generates is a Group 1 Sec. 63.1106(a).
process wastewater. wastewater stream.
9. An acrylic and The maintenance Comply with the
modacrylic fiber production wastewater contains requirements of
process unit that generates organic HAP. Sec. 63.1106(b).
maintenance wastewater.
10. An item of equipment The item of Comply with the
listed in Sec. equipment meets the requirements in
63.1106(c)(1). criteria specified Table 35 of subpart
in Sec. G of this part.
63.1106(c)(1)
through (3) and
either (c)(4)(i) or
(ii).
------------------------------------------------------------------------
* * * * * * *
* * * * * * *
(d) * * *
Table 5 to Sec. 63.1103(d).--What Are My Requirements If I Own or
Operate a Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
------------------------------------------------------------------------
* * * *
* * *
7. A polycarbonate The process Comply with the
production process unit wastewater stream requirements of
that generates process is a Group 1 Sec. 63.1106(a).
wastewater. wastewater stream.
[[Page 34955]]
8. A polycarbonate The maintenance Comply with the
production process unit wastewater contains requirements of
that generates maintenance organic HAP. Sec. 63.1106(b).
wastewater.
9. An item of equipment The item of Comply with the
listed in Sec. equipment meets the requirements in
63.1106(c)(1). criteria specified Table 35 of subpart
in Sec. G of this part.
63.1106(c)(1)
through (3) and
either (c)(4)(i) or
(ii).
------------------------------------------------------------------------
* * * * * * *
Table 6 to Sec. 63.1103(d).--What Are My Requirements if I Own or
Operate a Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
------------------------------------------------------------------------
* * * *
* * *
6. A polycarbonate The process Comply with the
production process unit wastewater stream requirements of
that generates process is a Group 1 Sec. 63.1106(a).
wastewater. wastewater stream.
7. A polycarbonate The maintenance Comply with the
production process unit wastewater contains requirements of
that generates maintenance organic HAP. Sec. 63.1106(b).
wastewater.
8. An item of equipment The item of Comply with the
listed in Sec. equipment meets the requirements in
63.1106(c)(1). criteria specified Table 35 of subpart
in Sec. G of this part.
63.1106(c)(1)
through (3) and
either (c)(4)(i) or
(ii).
------------------------------------------------------------------------
* * * * * * *
5. Section 63.1106 is added to subpart YY to read as follows:
Sec. 63.1106 Wastewater provisions.
(a) Process wastewater. Except as specified in paragraphs (a)(1)
through (a)(16) and (d) of this section, the owner or operator of each
affected source shall comply with the HON process wastewater
requirements in Secs. 63.132 through 63.148.
(1) When terms used in Secs. 63.132 through 63.148 are defined in
Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the
purposes of this subpart. For terms used in Secs. 63.132 through 63.148
that are not defined in Sec. 63.1101, the definitions in Sec. 63.101
and Sec. 63.111 shall apply.
(2) When the term chemical manufacturing production process unit,
or CMPU, is used in Sec. 63.132 through 63.148, the phrase ``a process
unit whose primary product is a product produced by a source category
subject to this subpart'' shall apply, for the purposes of this
subpart.
(3) Owners and operators of affected sources are not required to
comply with Sec. 63.132(b)(1) and (d) and Sec. 63.138(c). Further,
owners and operators are exempt from all requirements in Secs. 63.132
through 63.148 that pertain solely and exclusively to organic HAP
listed in table 8 of subpart G of this part.
(4) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the
alternative nonopacity emission standard provisions in Sec. 63.6(g)
shall apply, for the purposes of this subpart.
(5) When the HON storage vessel requirements for internal floating
roofs contained in Secs. 63.119(b) are referred to in
Sec. 63.133(a)(2)(ii), the requirements in Sec. 63.1063(a)(1)(i), (2),
and (b) shall apply, for the purposes of this subpart.
(6) When the HON storage vessel requirements for external floating
roofs in Sec. 63.119(c) and Sec. 63.120(b)(5) and (6) are referred to
in Sec. 63.133(a)(2)(iii) and (d), the requirements in
Sec. 63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of
this subpart.
(7) For the purposes of this subpart, Sec. 63.1063(c)(2)(iv) shall
apply instead of Sec. 63.133(e).
(8) When Sec. 63.143(c), (d), (e)(3) and Sec. 63.146(a) require the
submission of a request for approval to monitor alternative parameters
according to the procedures specified in Sec. 63.151(f) or (g), the
owner or operator requesting to monitor alternative parameters shall
follow the procedures specified in Sec. 63.1108(c) or as specified in a
referenced subpart.
(9) When Sec. 63.147(d) requires the owner or operator to keep
records of the daily average value of each continuously monitored
parameter for each operating day as specified in Sec. 63.152(f), the
owner or operator shall keep records of each continuously monitored
parameter for each operating day as specified in Sec. 63.998(b).
(10) When Sec. 63.132(a) and (b) refer to the ``applicable dates
specified in Sec. 63.100 of subpart F of this part,'' the applicable
compliance dates specified in Sec. 63.1102 shall apply, for purposes of
this subpart.
(11) Where Sec. 63.152(b) and/or the Notification of Compliance
Status is referred to in Sec. 63.132 through Sec. 63.148, the
Notification of Compliance Status requirements contained in
Sec. 63.1110(a)(3) shall apply, for purposes of this subpart.
(12) Where Sec. 63.152(c) and/or the Periodic Report requirements
are referred to Sec. 63.132 through 63.148, the Periodic Report
requirements contained in Sec. 63.1110(a)(4) shall apply, for purposes
of this subpart.
(13) When Method 18 of appendix A to part 60 of this chapter is
specified in Sec. 63.139(e)(1)(ii), Sec. 63.145(d)(4), or
Sec. 63.145(i)(2), either Method 18 or Method 25A of appendix A to part
60 of this chapter may be used. The use of Method 25A of appendix A to
part 60 of this chapter shall comply with paragraphs (a)(13)(i) and
(a)(13)(ii) of this chapter.
(i) The organic HAP used as the calibration gas for Method 25A of
appendix A of part 60 of this chapter shall be the single organic HAP
representing the largest percent by volume of the emissions.
(ii) The use of Method 25A of appendix A of part 60 of this chapter
is acceptable if the response from the high-level calibration gas is at
least 20 times
[[Page 34956]]
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(14) When the HON recordkeeping requirements for by-pass lines in
Sec. 63.118(a)(3) is referred to in Sec. 63.148(f), the requirements in
Sec. 63.998(d)(1)(ii)(A) shall apply, for the purposes of this subpart.
(15) When the Initial Notification requirements in Sec. 63.182(b)
are referred to in Sec. 63.148(j), the requirements in Sec. 63.1110(c)
shall apply, for the purposes of this subpart.
(16) For the purposes of this subpart, Sec. 63.148(k) shall not
apply.
(b) Maintenance wastewater. The owner or operator of each affected
source shall comply with the HON maintenance wastewater requirements in
Sec. 63.105. When terms used in Secs. 63.105 are defined in
Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the
purpose of this subpart. For terms used in Sec. 63.105 that are not
defined in Sec. 63.1101, the definitions in Sec. 63.101 and Sec. 63.111
shall apply.
(c) Liquid streams in open systems. The owner or operator shall
comply with the provisions of Table 35 of subpart G of this part for
each item of equipment meeting the criteria specified in paragraphs
(c)(1) through (3) of this section and either paragraph (c)(4)(i) or
(ii) of this section, with the exceptions provided in paragraphs (c)(5)
and (6) of this section.
(1) The item of equipment is one of the types of equipment
identified in paragraphs (c)(1)(i) through (vii) of this section.
(i) Drain or drain hub.
(ii) Manhole (including sumps and other points of access to a
conveyance system).
(iii) Lift station.
(iv) Trench.
(v) Pipe.
(vi) Oil/water separator.
(vii) Tanks with capacities of 38 m \3\ or greater.
(2) The item of equipment is part of an affected source that is
subject to this subpart.
(3) The item of equipment is controlled less stringently than in
Table 35 of subpart G of this part, and the item of equipment is not
otherwise exempt from the provisions of this subpart, or a referenced
subpart.
(4) The item of equipment:
(i) Is a drain, drain hub, manhole, lift station, trench, pipe, or
oil/water separator that conveys water with a total annual average
concentration greater than or equal to 10,000 parts per million by
weight of Table 9 compounds at any flow rate; or a total annual average
concentration greater than or equal to 1,000 parts per million by
weight of Table 9 compounds at an annual average flow rate greater than
or equal to 10 liters per minute.
(ii) Is a tank that receives one or more streams that contain water
with a total annual average concentration greater than or equal to
1,000 parts per million by weight of Table 9 compounds at an annual
average flow rate greater than or equal to 10 liters per minute. The
owner or operator shall determine the characteristics of the stream as
specified in paragraphs (c)(4)(ii)(A) and (B) of this section.
(A) The characteristics of the stream being received shall be
determined at the inlet to the tank.
(B) The characteristics shall be determined according to the
procedures in Sec. 63.144(b) and (c).
(5) When terms used in Table 35 of subpart G of this part are
defined in Sec. 63.1101, the definition in Sec. 63.1101 shall apply,
for the purpose of this subpart. For terms used in Table 35 of subpart
G of this part that are not defined in Sec. 63.1101, the definitions in
Sec. 63.101 and Sec. 63.111 shall apply.
(6) When Table 35 of subpart G of this part refers to
Sec. 63.119(e)(1) or (e)(2) in the requirements for tanks, the
requirements in Sec. 63.982(a)(1) shall apply, for purposes of this
subpart.
(d) The compliance date for the affected sources subject to the
provisions of this section is specified in Sec. 63.1102.
[FR Doc. 99-13165 Filed 6-28-99; 8:45 am]
BILLING CODE 6560-50-P
