[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23113]
[[Page Unknown]]
[Federal Register: September 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5073-9]
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; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
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SUMMARY: This action corrects errors and clarifies regulatory text of
the ``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,'' which was issued as a
final rule on April 22, 1994 and June 6, 1994. This rule is commonly
known as the Hazardous Organic NESHAP or the HON.
EFFECTIVE DATE: September 20, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Standards
Development Branch, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone number (919) 541-5254.
SUPPLEMENTARY INFORMATION: On April 22, 1994 (59 FR 19402), and June 6,
1994 (59 FR 29196), the Environmental Protection Agency (EPA)
promulgated in the Federal Register national emission standards for
hazardous air pollutants (NESHAP) for the synthetic organic chemical
manufacturing industry, and for several other processes subject to the
equipment leaks portion of the rule. These regulations were promulgated
as subparts F, G, H, and I in 40 CFR part 63, and are commonly referred
to as the hazardous organic NESHAP, or the HON. This document contains
corrections to typographical and cross-referencing errors in subparts
F, H, and I of the final regulations. A few editorial corrections are
also being made to clarify the intent of certain provisions in these
subparts.
Paragraph (e) of Sec. 63.103 of subpart F is being revised to
clarify that the source owner or operator is required to only document
the basis for the determination that the provisions of the HON do not
apply, and not to keep ongoing records. Tables 1 and 2 of subpart F are
revised to correct typographical errors in spelling of several chemical
names or the chemical abstracts services (CAS) numbers. Thiocarbanilide
is being removed from table 1 of subpart F because this chemical is
listed elsewhere in table 1 as diphenyl thiourea.
A few editorial changes are being made to several sections in
subpart H to clarify the intent of the provisions. Section 63.163(f) is
being revised to remove a requirement to inspect sealless pumps for
indications of liquids dripping from the pump seal. Since this
inspection will not serve the purpose of detecting failures of these
pumps, the requirement to perform these inspections is being removed.
The provisions of Sec. 63.180(b)(2) are being clarified by adding a
sentence explaining that inert gases are not to be considered in
evaluation of instrument response factor.
A number of corrections are being made to subpart I to improve
consistency in terminology and to clarify the provisions. This document
corrects subpart I to use the term ``pharmaceutical production
process'' in Sec. 63.190(b)(5) and in the definitions section. The
definition of ``pharmaceutical production process'' is being clarified
to reflect the intent of the regulatory negotiation committee.
Editorial corrections are being made to Sec. 63.190(e) and
Sec. 63.192(e) to correct a drafting error in usage of the term
``source.'' Several errors in cross referencing subpart A of part 63
and other cross referencing errors are being corrected.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and Recordkeeping requirements.
Dated: September 12, 1994.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, title 40, chapter I, part
63, subparts F, H, and I of the Code of Federal Regulations are
corrected as follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: Sections 101, 112, 114, 116, and 301 of the Clean Air
Act (42 U.S.C. 7401, et seq., as amended by Pub. L. 101-549, 104
Stat. 2399).
Subpart F--National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing
Industry
2. Section 63.103 is amended by revising the first sentence of
paragraph (e) to read as follows:
Sec. 63.103 General compliance, reporting, and recordkeeping
provisions.
* * * * *
(e) The basis for the determination that a chemical manufacturing
unit does not use as a reactant or manufacture as a product any organic
hazardous air pollutant shall be documented. * * *
* * * * *
Table 1 of Subpart F--[Amended]
3. Table 1 of subpart F is amended by removing the entry for
thiocarbanilide and its associated CAS number and group number, and by
removing the terms ``Butyrolacetone,'' ``Dimethylaniline (N,N)'' and
``Dodecandedioic acid'', in the first column, and inserting the terms
``Butyrolactone,'' ``Dimethylaniline (N,N')'' and ``Dodecanedioic
acid'' in their place, respectively.
Table 2 of Subpart F--[Amended]
4. Table 2 of subpart F is amended by revising the CAS number of
hexane to read ``110543.''
Subpart H--National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks
5. Section 63.160 is amended by revising paragraph (a) to read as
follows:
Sec. 63.160 Applicability and designation of source.
(a) The provisions of this subpart apply to pumps, compressors,
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, surge control vessels,
bottoms receivers, instrumentation systems, and control devices or
systems required by this subpart that are intended to operate in
organic hazardous air pollutant service 300 hours or more during the
calendar year within a source subject to the provisions of a specific
subpart in 40 CFR part 63 that references this subpart.
* * * * *
6. Section 63.161 is amended by revising the definitions of
``closed-vent system'' and ``hard-piping'' to read as follows:
Sec. 63.161 Definitions.
* * * * *
Closed-vent system means a system that is not open to the
atmosphere and that is composed of hard-piping, ductwork, connections
and, if necessary, flow-inducing devices that transport gas or vapor
from a piece or pieces of equipment to a control device or back into a
process.
* * * *
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgement and standards, such as ANSI
B31-3.
* * * * *
7. Section 63.162 is amended by revising paragraphs (b)(1) and
(f)(3) to read as follows:
Sec. 63.162 Standards: General.
* * * * *
(b)(1) An owner or operator may request a determination of
alternative means of emission limitation to the requirements of
Secs. 63.163 through 63.170, and Secs. 63.172 through 63.174 of this
subpart as provided in Sec. 63.177.
* * * * *
(f) * * *
(3) The identification on equipment, except on a valve or
connector, may be removed after it has been repaired. The
identification on a valve or connector may be removed after it has been
monitored as specified in Sec. 63.168(f)(3), Sec. 63.174(e), or
Sec. 63.175(e)(7)(i)(D), and no leak has been detected during the
followup monitoring.
8. Section 63.163 is amended by revising paragraph (f) to read as
follows:
Sec. 63.163 Standards: Pumps in light liquid service.
* * * * *
(f) Any pump that is designed with no externally actuated shaft
penetrating the pump housing is exempt from the requirements of
paragraphs (a) through (c) of this section.
* * * * *
9. Section 63.164 is amended by revising paragraph (c) to read as
follows:
Sec. 63.164 Standards: Compressors.
* * * * *
(c) The barrier fluid shall not be in light liquid service.
* * * * *
10. Section 63.165 is amended by redesignating paragraphs (d) and
(e) as paragraphs (d)(1) and (d)(2), respectively, and revising them to
read as follows:
Sec. 63.165 Standards: Pressure relief devices in gas/vapor service.
* * * * *
(d)(1) Any pressure relief device that is equipped with a rupture
disk upstream of the pressure relief device is exempt from the
requirements of paragraphs (a) and (b) of this section, provided the
owner or operator complies with the requirements in paragraph (d)(2) of
this section.
(2) After each pressure release, a rupture disk shall be installed
upstream of the pressure relief device as soon as practicable, but no
later than 5 calendar days after each pressure release, except as
provided in Sec. 63.171 of this subpart.
11. Section 63.168 is amended by revising paragraph (e)(1) and by
revising paragraph (h)(2) to read as follows:
Sec. 63.168 Standards: Valves in gas/vapor service and in light liquid
service.
* * * * *
(e)(1) Percent leaking valves at a process unit shall be determined
by the following equation:
%VL=(VL/(VT+VC)) x 100
where:
%VL=Percent leaking valves.
VL=Number of valves found leaking excluding nonrepairables as
provided in paragraph (e)(3)(i) of this section.
VT=Total valves monitored, in a monitoring period excluding valves
monitored as required by (f)(3) of this section.
VC=Optional credit for removed valves=0.67 x net number (i.e.,
total removed-total added) of valves in organic HAP service removed
from process unit after the date set forth in Sec. 63.100(k) of subpart
F for existing process units, and after the date of initial start-up
for new sources. If credits are not taken, then VC=0.
* * * * *
(h) * * *
(2) The owner or operator of the valve has a written plan that
requires monitoring of the valve as frequently as practicable during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable.
* * * * *
12. Section 63.169 is amended by revising paragraphs (a), (c)(3),
and (d) to read as follows:
Sec. 63.169 Standards: Pumps, valves, connectors, and agitators in
heavy liquid service; instrumentation systems; and pressure relief
devices in liquid service.
(a) Pumps, valves, connectors, and agitators in heavy liquid
service, pressure relief devices in light liquid or heavy liquid
service, and instrumentation systems shall be monitored within 5
calendar days by the method specified in Sec. 63.180(b) of this subpart
if evidence of a potential leak is found by visual, audible, olfactory,
or any other detection method. If a potential leak is repaired as
required in paragraphs (c) and (d) of this section, it is not necessary
to monitor the system for leaks by the method specified in
Sec. 63.180(b) of this subpart.
* * * * *
(c) * * *
(3) For equipment identified in paragraph (a) of this section that
is not monitored by the method specified in Sec. 63.180(b) of this
subpart, repaired shall mean that the visual, audible, olfactory, or
other indications of a leak have been eliminated; that no bubbles are
observed at potential leak sites during a leak check using soap
solution; or that the system will hold a test pressure.
(d) First attempts at repair include, but are not limited to, the
practices described under Secs. 63.163(c)(2) and 63.168(g) of this
subpart, for pumps and valves, respectively.
13. Section 63.171 is amended by revising paragraph (e) to read as
follows:
Sec. 63.171 Standards: Delay of repair.
* * * * *
(e) Delay of repair beyond a process unit shutdown will be allowed
for a valve if valve assembly replacement is necessary during the
process unit shutdown, valve assembly supplies have been depleted, and
valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the second process unit
shutdown will not be allowed unless the third process unit shutdown
occurs sooner than 6 months after the first process unit shutdown.
14. Section 63.172 is amended by revising paragraphs (b) and (k)(2)
to read as follows:
Sec. 63.172 Standards: Closed-vent systems and control devices.
* * * * *
(b) Vapor recovery systems (e.g., condensers and adsorbers) shall
be designed and operated to recover the organic HAP emissions or VOC
emissions vented to them with an efficiency of 95 percent or greater.
* * * * *
(k) * * *
(2) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practicable during safe-
to-inspect times, but not more frequently than annually.
* * * * *
15. Section 63.174 is amended by revising paragraphs (b)(1),
(b)(2), (b)(3)(i); the first sentence of (b)(3)(ii); paragraph (f)(2);
and the first sentence of paragraph (h)(1) introductory text to read as
follows:
Sec. 63.174 Standards: Connectors in gas/vapor service and in light
liquid service.
* * * * *
(b) * * *
(1) For each group of existing process units within an existing
source, by no later than 12 months after the compliance date, the owner
or operator shall monitor all connectors, except as provided in
paragraphs (f) through (h) of this section.
(2) For new sources, within the first 12 months after initial
start-up or by no later than 12 months after the date of promulgation
of a specific subpart that references this subpart, whichever is later,
the owner or operator shall monitor all connectors, except as provided
in paragraphs (f) through (h) of this section.
(3) * * *
(i) Once per year (i.e., 12-month period), if the percent leaking
connectors in the process unit was 0.5 percent or greater during the
last required annual or biennial monitoring period.
(ii) Once every 2 years, if the percent leaking connectors was less
than 0.5 percent during the last required monitoring period. * * *
* * * * *
(f) * * *
(2) The owner or operator has a written plan that requires
monitoring of the connector as frequently as practicable during safe to
monitor periods, but not more frequently than the periodic schedule
otherwise applicable.
* * * * *
(h)(1) Any connector that is inaccessible or is glass or glass-
lined, is exempt from the monitoring requirements of paragraphs (a) and
(c) of this section and from the recordkeeping and reporting
requirements of Sec. 63.181 and Sec. 63.182 of this subpart. * * *
* * * * *
16. Section 63.180 is amended by adding two sentences to the end of
paragraph (b)(2) and by revising paragraph (c) introductory text to
read as follows:
Sec. 63.180 Test methods and procedures.
* * * * *
(b) * * *
(2) * * *. For process streams that contain nitrogen, water, air,
or other inerts which are not organic HAP's or VOC's, the average
stream response factor may be calculated on an inert-free basis. The
response factor may be determined at any concentration for which
monitoring for leaks will be conducted.
* * * * *
(c) When equipment is monitored for compliance as required in
Secs. 63.164(i), 63.165(a), and 63.172(f) of this subpart or when
equipment subject to a leak definition of 500 ppm is monitored for
leaks, the monitoring shall comply with the following requirements:
* * * * *
17. Section 63.181 is amended by adding a sentence to the end of
paragraph (b)(1)(i) and by revising paragraph (d)(5)(i) to read as
follows:
Sec. 63.181 Recordkeeping requirements.
* * * * *
(b) * * *
(1)(i) * * *. With respect to connectors, the list shall be
complete no later than the completion of the initial survey required by
Sec. 63.174 (b)(1) or (b)(2) of this subpart.
* * * * *
(d) * * *
(5) * * *
(i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup/shutdown/malfunction
plan, required by Sec. 63.6(e)(3), for the source or may be part of a
separate document that is maintained at the plant site. In such cases,
reasons for delay of repair may be documented by citing the relevant
sections of the written procedure.
* * * * *
18. Section 63.182 is amended by revising paragraphs (a)(6)(ii),
(c) introductory text, and (c)(4) to read as follows:
Sec. 63.182 Reporting requirements.
(a) * * *
(6) * * *
(ii) A request for an extension of compliance must include the data
described in Sec. 63.6(i)(6)(i) of subpart A of this part.
* * * * *
(c) Each owner or operator of a source subject to this subpart
shall submit a Notification of Compliance Status within 90 days after
the compliance dates specified in the subpart in 40 CFR part 63 that
references this subpart, except as provided in paragraph (c)(4) of this
section.
* * * * *
(4) For existing sources subject to subpart F of this part, the
Notification of Compliance Status shall be submitted for the group of
process units with the earliest compliance date specified in
Sec. 63.100(k) of subpart F of this part, by no later than 90 days
after the compliance date for that group. The Notification of
Compliance Status for each subsequent group shall be submitted as part
of the first periodic report that is due not less than 90 days after
the compliance date for that group.
* * * * *
Subpart I--National Emission Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated
Regulation for Equipment Leaks
19. Section 63.190 is amended by revising paragraphs (b)(5), (c),
and (e) introductory text; and by removing and reserving paragraph
(b)(6)(i) to read as follows:
Sec. 63.190 Applicability and designation of source.
* * * * *
(b) * * *
(5) Pharmaceutical production processes using carbon tetrachloride
or methylene chloride (carbon tetrachloride and methylene chloride
emissions only).
(6) * * *
(i) Reserved.
* * * * *
(c) The owner or operator of a process listed in paragraph (b) of
this section that does not have the designated organic hazardous air
pollutants present in the process shall comply only with the
requirements of Sec. 63.192(k) of this subpart. To comply with this
subpart, such processes shall not be required to comply with the
provisions of subpart A of this part.
* * * * *
(e) The owner or operator of a process subject to this subpart is
required to comply with the provisions of subpart H of this part on or
before the dates specified in paragraphs (e)(1) or (e)(2) of this
section, unless the owner or operator eliminates the use or production
of all HAP's that cause the process to be subject to this rule no later
than 18 months after April 22, 1994.
* * * * *
20. Section 63.191 is amended by revising paragraph (a) and by
revising the definition of ``Pharmaceutical production'' in paragraph
(b) to read as follows:
Sec. 63.191 Definitions.
(a) The following terms as used in subparts I and H of this part
shall have the meaning given them in subpart A of this part: Act,
Administrator, approved permit program, commenced, compliance date,
construction, effective date, EPA, equivalent emission limitation,
existing source, Federally enforceable, hazardous air pollutant, lesser
quantity, major source, malfunction, new source, owner or operator,
performance evaluation, performance test, permit program, permitting
authority, reconstruction, relevant standard, responsible official,
run, standard conditions, State, and stationary source.
(b) * * *
Pharmaceutical production process means a process that synthesizes
pharmaceutical intermediate or final products using carbon
tetrachloride or methylene chloride as a reactant or process solvent.
Pharmaceutical production process does not mean process operations
involving formulation activities such as tablet coating or spray
coating of drug particles.
* * * * *
21. Section 63.192 is amended by revising paragraphs (b)(4) through
(b)(8), (e), (i)(1), (i)(2) and (k) to read as follows:
Sec. 63.192 Standard.
* * * * *
(b) * * *
(4) The prohibited activities and circumvention provisions of
Sec. 63.4 (a)(1), (a)(2), (a)(3), (a)(5), and (b);
(5) The construction and reconstruction provisions of Sec. 63.5(a),
(b)(1), (b)(3), (d) (except the review is limited to the equipment
subject to the provisions of subpart H), (e), and (f);
(6) The compliance with standards and maintenance requirements of
Sec. 63.6(a), (b)(3), (c)(5), (e), (i)(1), (i)(2), (i)(4)(i)(A),
(i)(6)(i), (i)(8) through (i)(10), (i)(12) through (i)(14), (i)(16),
and (j);
(7) With respect to flares, the performance testing requirements of
Sec. 63.7(a)(3), (d), (e)(1), (e)(2), (e)(4), and (h);
(8) The notification requirements of Sec. 63.9 (a)(1), (a)(3),
(a)(4), (b)(1)(i), (b)(4), (b)(5) (except, use the schedule specified
in subpart H), (c), (d), and (i);
* * * * *
(e) If an owner or operator of a process plans to eliminate the use
or production of all HAP's that cause the process to be subject to the
provisions of subparts I and H of this part no later than 18 months
after April 22, 1994, the owner or operator shall submit to the
Administrator a brief description of the change, identify the HAP's
eliminated, and the expected date of cessation of operation of the
current process, by no later than January 23, 1995.
* * * * *
(i) * * *
(1) If EPA has approved a State operating permit program under 40
CFR part 70, the permit shall be obtained from the State authority.
(2) If the State operating permit program has not been approved,
the source shall apply to the EPA regional office pursuant to 40 CFR
part 71.
* * * * *
(k) The basis for the determination that a process does not use as
a reactant or manufacture as a product the designated organic hazardous
air pollutant shall be documented. Examples of information that could
document this include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
[FR Doc. 94-23113 Filed 9-19-94; 8:45 am]
BILLING CODE 6560-50-P
