[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Rules and Regulations]
[Pages 29420-29487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12479]
[[Page 29419]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants for Polyether
Polyols Production; Final Rule
Federal Register / Vol. 64, No. 104 / Tuesday, June 1, 1999 / Rules
and Regulations
[[Page 29420]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-6344-7]
RIN 2060-AE-86
National Emission Standards for Hazardous Air Pollutants for
Polyether Polyols Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule promulgates national emission standards for
hazardous air pollutants (NESHAP) for new and existing plant sites that
manufacture polyether polyols. The hazardous air pollutants (HAP)
emitted by the facilities covered by this rule include ethylene oxide
(EO), propylene oxide (PO), hexane, toluene, and incidental emissions
of several other HAP. Some of these pollutants are considered to be
probable human carcinogens when inhaled, and all can cause toxic
effects following exposure. The rule is estimated to reduce emissions
of these pollutants by 1,810 Megagrams per year (Mg/yr) (2,000 tons per
year (tons/yr)). Because all of the pollutants are also volatile
organic compounds (VOC), which are precursors to ambient ozone, the
promulgated rule will also aid in the reduction of tropospheric ozone.
DATES: This regulation is effective on June 1, 1999.
ADDRESSES: Docket. Docket No. A-96-38, containing information
considered by the EPA in development of the promulgated standards, is
available for public inspection from 8:00 a.m. to 5:30 p.m., Monday
through Friday, at the following address in room M-1500, Waterside Mall
(ground floor): U.S. Environmental Protection Agency, 401 M Street SW,
Washington, DC 20460, telephone number (202) 260-7548. A reasonable fee
may be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For information concerning this final
rule or the analyses performed in developing this rule, contact Mr.
David Svendsgaard, Organic Chemicals Group, Emission Standards Division
(MD-13), Office of Air Quality Planning and Standards, U.S. EPA,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-2380, facsimile number (919) 541-3470, electronic mail address
svendsgaard.dave@epa.gov. For information concerning applicability and
rule determinations, contact your State or local representative or the
appropriate EPA Regional Office representatives. For a listing of EPA
Regional contacts, see the following.
SUPPLEMENTARY INFORMATION:
Electronic Access
These final standards and all other information considered by the
EPA in the development of these final standards are available in Docket
Number A-96-38 by request from the EPA's Air and Radiation Docket and
Information Center (see ADDRESSES). Electronic versions of documents
from the Office of Air and Radiation (OAR) are available through the
EPA's OAR Technology Transfer Network Web site (TTNWeb). The TTNWeb is
a collection of related Web sites containing information about many
areas of air pollution science, technology, regulation, measurement,
and prevention. The TTNWeb is directly accessible from the Internet via
the World Wide Web location at the following address: http://
www.epa.gov/ttn. Electronic versions of this preamble and rule are
located under the OAR Policy and Guidance Information Web site, at
http://www.epa.gov/ttn/oarpg/, under the Federal Register notices
section. If more information on the TTNWeb is needed, contact the
Systems Operator at (919) 541-5384.
EPA Regional Office Contacts
Director, Office of Environmental Stewardship, Attn: Air Compliance
Clerk, U.S. EPA Region I, 1 Congress Street, Suite 1100 (SEA), Boston,
MA 02114-2023 (617) 918-1740
Umesh Dholakia, U.S. EPA Region II, 290 Broadway Street, New York, NY
10007-1866, (212) 637-4023
Dianne Walker, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA
19103, (215) 814-3297
Lee Page, U.S. EPA, Region IV, 61 Forsyth Street, SW, Atlanta, GA
30303-3104, (404) 562-9131
Bruce Varner, U.S. EPA, Region V, 77 West Jackson Boulevard, Chicago,
IL 60604-3507, (312) 886-6793
Jim Yang, U.S. EPA, Region VI, 1445 Ross Avenue, Suite 1200 (6EN-AT),
Dallas, TX 75202, (214) 665-7578
Gary Schlicht, U.S. EPA, Region VII, 726 Minnesota Avenue, Kansas City,
KS 66101, (913) 551-7097
Tami Thomas-Burton, U.S. EPA, Region VIII, 999 18th Street, Suite 500,
Denver, CO 80202, (303) 312-6581
Ken Bigos, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA
94105, (415) 744-1200
Dan Meyer, U.S. EPA, Region X, 1200 Sixth Street, Seattle, WA 98101,
(206) 553-4150
Regulated Entities
Entities regulated by this action are polyether polyols production
facilities. Regulated categories and entities include:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
North American industrial classification system
Category Standard industrial classification (SIC) codes (NAICS) codes Examples of potentially regulated entities
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Industry.............................. Typically, 2843 and 2869.......................... Typically, 325199 and 325613..................... Producers of polyether polyols and polyether mono-
ols.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your facility, company, business organization, etc., is subject
to this rule, you should carefully examine the applicability criteria
in 40 CFR 63.1420. If you have questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Judicial Review
National emission standards for polyether polyols production were
proposed in the Federal Register on September 4, 1997 (62 FR 46804).
Today's Federal Register action announces the EPA's final decision on
the rule. Under section 307(b)(1) of the Clean Air Act (CAA), judicial
review of the final rule is available by filing a petition for review
in the U.S. Court of Appeals for the District of Columbia Circuit
within 60 days of today's publication of this final rule. Under section
307(b)(2) of CAA, the requirements that are the subject of today's
final rule may not be challenged later in civil or criminal proceedings
brought by the EPA to enforce these requirements.
[[Page 29421]]
The following outline is provided to aid in reading the preamble to
the final rule.
I. List of Source Categories
II. Summary of Considerations Made in Developing This Standard
A. Background and Purpose of the Regulation
B. Source of Authority
C. Stakeholder and Public Participation
III. Summary of Promulgated Standards
A. Affected Sources
B. Storage Vessels
C. Process Vents
D. Wastewater Operations
E. Equipment Leaks
F. Heat Exchangers
G. General Testing Requirements
H. Monitoring Levels and Excursions
I. General Provisions
J. General Recordkeeping and Reporting Requirements
IV. Control Technology Basis of the Standard
V. Summary of Impacts
A. Air Impacts
B. Other Environmental Impacts
C. Energy Impacts
D. Cost Impacts
E. Economic Impacts
VI. Significant Comments and Changes to the Proposed Standards
A. Primary Product Determination
B. Definition of ``Polyether Polyol''
C. Definition of ``Process Vent''
D. Outlet Concentration Limit as an Alternative Epoxide Process
Vent Emission Limit for New Sources
E. Flares as a Reference Control Technology
F. Group Determination on an Individual Process Vent Basis for
Nonepoxide Organic HAP Emissions from Making or Modifying the
Product
G. Possibility of Dual Controls for Nonepoxide Organic HAP
Emissions from Making or Modifying the Product
H. Worst-Case Testing Requirements
I. Engineering Calculations as an Alternative to Performance
Testing
J. Allowable Test Methods for Control Efficiency Determinations
K. Site-Specific Onset of Extended Cookout
L. Parameter Monitoring Excursion Definitions
M. Monitoring During Start-ups, Shutdowns, and Malfunctions
N. Process Vent Control Requirement for Epoxide Emissions from
New Sources
VII. Administrative Requirements
A. Docket
B. Executive Order 12866
C. Executive Order 13045
D. Paperwork Reduction Act
E. Regulatory Flexibility Act
F. Submission to Congress and the Comptroller General
G. Unfunded Mandates
H. Executive Order 12875
I. Executive Order 13084
J. National Technology Transfer and Advancement Act
I. List of Source Categories
The EPA identified a total of approximately 84 plant sites
producing polyether polyols. Of the 84 facilities, 78 were considered
in the analysis supporting the proposed rule and are believed to be
major sources according to the 1990 CAA Amendments' criteria of having
the potential to emit 10 tons/yr (9.1 Mg/yr) of any one HAP or 25 tons/
yr (22.7 Mg/yr) of combined HAP. Today's final rule applies to all
major sources that produce polyether polyols. Area sources are not
subject to today's final rule.
In developing the background information to support the proposed
rule, the EPA decided it was appropriate to subcategorize the source
category for purposes of analyzing the maximum achievable control
technology (MACT) floors and regulatory alternatives. The subcategories
were: polyether polyols made from the polymerization of epoxides, and
polyether polyols made from the polymerization of tetrahydrofuran
(THF). An ``epoxide'' is a chemical compound consisting of a three-
membered cyclic ether. Ethylene oxide and propylene oxide are the only
epoxides that are listed as HAP under section 112(b) of the CAA.
Subcategorization was necessary due to the distinctively different
nature of the epoxide and THF processes and their effect on the
applicability of controls. One noteworthy distinction between the two
subcategories is that the first group, polyols made with epoxides, uses
a HAP as the monomer, whereas the second group, polyols made with THF,
does not use a HAP monomer. Additionally, the first group (epoxide
reactants) performs the reaction primarily on a batch basis, while the
second group (THF) performs the reaction on a continuous basis.
The Agency obtained data from facilities that make polyether
products by polymerizing a compound having multiple reactive hydrogen
atoms, resulting in the formation of a ``polyol,'' and from facilities
that make polyethers by polymerizing a compound with a single reactive
hydrogen, which forms a ``mono-ol.'' The Agency then investigated the
distinctions between the production units and the emissions controls
for products from these two groups. The Agency found no fundamental
difference between the processes, the chemistry, the emissions, or the
types of control equipment. Further, many producers use the same
process equipment to produce polyols and mono-ols, yet they generically
refer to both types of products as ``polyols.'' Therefore, for the
purposes of this regulation, the Agency uses the term ``polyether
polyols'' to represent both polyether polyols and polyether mono-ols.
II. Summary of Considerations Made in Developing This Standard
A. Background and Purpose of the Regulation
The CAA was created in part ``to protect and enhance the quality of
the Nation's air resources so as to promote the public health and
welfare and the productive capacity of its population.'' (section
101(b)(1)). Section 112(b) of the CAA, as revised in 61 FR 30816 (June
18, 1996), lists 188 HAP believed to cause adverse health or
environmental effects. Section 112(d) requires that emission standards
be promulgated for all categories and subcategories of ``major''
sources of these HAP, and for many smaller ``area'' sources listed for
regulation, pursuant to section 112(c). Major sources are defined as
those that emit or have the potential to emit at least 10 tons/yr (9.1
Mg/yr) of any one HAP or 25 tons/yr (22.7 Mg/yr) of any combination of
HAP.
On July 16, 1992 (57 FR 31576), the EPA published a list of
categories of sources slated for regulation. This list included the
polyether polyol production source category regulated by the standards
being promulgated today. The statute requires emissions standards for
the listed source categories to be promulgated between November 1992
and November 2000. On December 3, 1993, the EPA published a schedule
for promulgating these standards (58 FR 63941). Standards for the
polyether polyols production source category covered by this rule were
proposed on September 4, 1997 (62 FR 46804).
The final standards give existing affected sources 3 years from the
date of promulgation to comply with the emission limitations for
storage vessels, process vents, wastewater, and heat exchangers.
Subject to certain limited exceptions, this is the maximum amount of
time allowed under the CAA. The final standards give existing affected
sources 6 months to comply with the equipment leak provisions. New
affected sources are required to comply with the standards upon initial
startup. The EPA believes these standards to be achievable for all
affected sources within the time provided.
Monitoring, recordkeeping, and reporting requirements are also
included in this final rule. All of these components are necessary to
ensure that sources will comply with the standards both initially and
over time. However, the EPA has made every effort to simplify the
requirements in the rule.
[[Page 29422]]
B. Source of Authority
The amended CAA requires the EPA to promulgate national emission
standards for sources of HAP. Section 112(d) provides that these
standards must reflect:
* * * the maximum degree of reduction in emissions of the HAP * * *
that the Administrator, taking into consideration the cost of
achieving such emission reduction, and any nonair quality health and
environmental impacts and energy requirements, determines is
achievable for new or existing sources in the category or
subcategory to which such emission standard applies. * * * (42
U.S.C. Sec. 7412(d)(2)).
This level of control is referred to as the MACT. The CAA goes on to
establish the least stringent level of control for MACT; this level is
termed the ``MACT floor.''
According to the CAA, new source standards for a source category or
subcategory ``shall not be less stringent than the emission control
that is achieved in practice by the best controlled similar source, as
determined by the Administrator'' (section 112(d)(3)). Existing source
standards shall be no less stringent than the average emission
limitation achieved by the best performing 12 percent of the existing
sources for source categories and subcategories with 30 or more
sources, or the average emission limitation achieved by the best
performing 5 sources for sources or subcategories with fewer than 30
sources (section 112(d)(3)). These two minimum levels of control define
the MACT floor for new and existing sources. When the EPA considers
control levels more stringent than the MACT floor described above, the
selection of MACT must take into consideration the cost of achieving
the emission reduction, any non-air quality, health, and environmental
impacts, and energy requirements.
C. Stakeholder and Public Participation
Numerous representatives of the polyether polyol production
industry were consulted during the development of this standard.
Industry representatives have included both trade associations and
polyether polyol producers. The EPA also received input from
representatives from State environmental agencies. Representatives from
other EPA offices and programs participated in the regulatory
development process as members of the work group. The work group was
involved in the regulatory development process and was given
opportunities to review and comment on the standards before proposal
and promulgation. Therefore, the EPA believes that the impact on other
EPA offices and programs has been adequately considered during the
development of these standards. Finally, industry representatives,
regulatory authorities, environmental groups, and the public, as a
whole, had the opportunity to comment on the proposed standards and to
provide additional information during the public comment period that
followed proposal.
The Polyether Polyols NESHAP was proposed in the Federal Register
on September 4, 1997 (62 FR 46804). The preamble and Basis and Purpose
Document for the proposed standards for polyether polyols sources
(published on September 4, 1997) described the rationale for the
proposed standards. Public comments on the Polyether Polyols NESHAP
were solicited at the time of its proposal.
In addition, amendments to the Polymers and Resins I NESHAP (which
some of the requirements in this final rule cross-reference that
existing rule) were proposed on March 9, 1999 (63 FR 11560). Public
comments were solicited by the EPA regarding how those proposed
amendments, and the incorporation of concepts in the Polymers and
Resins proposed rule into subpart PPP, would affect sources subject to
the Polyether Polyols final rule.
To provide interested individuals the opportunity for oral
presentation of data, views, or arguments concerning the proposed
standards, a public hearing was offered at proposal of these
requirements. However, the public did not request a hearing and,
therefore, one was not held. The public comment period for the proposed
rule was from September 4, 1997 to December 3, 1997. A total of 11
comment letters were received during the public comment period, and 4
comment letters were received after the end of the public comment
period. Commenters included industry representatives and trade
organizations. The comments were carefully considered, and changes were
made in the promulgated standards when determined by the EPA to be
appropriate. A detailed discussion of these comments and responses can
be found in the Basis and Purpose Document for Final Standards, which
is referenced in Section V of this preamble and serves as the basis for
the revisions that have been made to these standards between proposal
and promulgation. Section V of this preamble discusses some of the
major changes made to the proposed standards.
III. Summary of Promulgated Standards
This section provides a summary of the final standards contained in
subpart PPP. The full regulatory text is printed in today's final rule
and is also available in Docket No. A-96-38, directly from the EPA, or
from the Technology Transfer Network (TTN) on the EPA's electronic
bulletin boards. More information on how to obtain a copy of the
proposed regulation is provided at the beginning of the SUPPLEMENTARY
INFORMATION section of this document.
A. Affected Sources
For this final rule, an affected source is defined as each group of
one or more polyether polyols manufacturing process units (PMPUs) that
is located at a plant site that is a major source. Polyether polyols
are defined as the products formed by the reaction of EO, PO, or other
cyclic ethers with compounds having one or more reactive hydrogens
(i.e., a hydrogen atom bonded to nitrogen, sulfur, oxygen, phosphorous,
etc.) to form polyethers (i.e., compounds with two or more ether
bonds). The definition of ``polyether polyol'' excludes hydroxy ethyl
cellulose and materials regulated under the Hazardous Organics NESHAP
(HON), such as glycols and glycol ethers.
An existing affected source is any affected source that is not a
new affected source. A new affected source can be created by one of
four ways. If a plant site with an existing polyols-affected source
adds one or more new PMPUs, the added group of one or more new PMPUs is
a new affected source if the added group of one or more new PMPUs has
the potential to emit more than 10 tons/yr (9.1 Mg/yr) of any one HAP
or 25 tons/yr (22.7 Mg/yr) of all HAP. In this situation, the plant
site would have an existing affected source and a new affected source.
Each subsequent set of one or more added PMPUs with potential HAP
emissions above the 10/25 levels cited above would be a separate new
affected source.
New affected sources are also created when one or more PMPUs are
constructed at a major source plant site where polyether polyols were
not previously produced (with no consideration of the potential HAP
emissions from the PMPU). Another instance where a new affected source
is created is if one or more PMPUs are constructed at a new plant site
(i.e., green field site) that will be a major source. The final manner
in which a new affected source is created is when
[[Page 29423]]
an existing affected source undergoes reconstruction.
Affected sources covered by the promulgated rule emit a variety of
HAP from several different types of emission points. The most
significant emissions are of the following HAP: EO, PO, hexane, and
toluene. These final standards regulate emissions of these compounds,
as well as all other organic HAP that are emitted during the production
of polyether polyols.
Emissions from the following types of emission points (i.e.,
emission source types) are being covered by the promulgated rule:
storage vessels, process vents, heat exchange systems, equipment leaks,
and wastewater operations. Tables 1 and 2 summarize the level of
control for existing and new affected sources, respectively, for each
of these types of emission points. Where the applicability criteria and
required level of control are the same as the HON (40 CFR Part 63,
subparts F, G, and H), this is indicated in Tables 1 and 2 as ``HON.''
``Epoxides,'' in Tables 1 and 2, refer to EO and PO. ``Nonepoxide
organic HAP'' refers to organic HAP other than EO and PO that are used
in the polyether polyols production process. The following sections
describe these standards in more detail, by emission source type.
Table 1.--Summary of Level of the Standards for Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
Storage
Emission --------------------------------------------- Heat exch. Equip.
sources Process vents Wastewater syst. leaks
----------------------------------------------------------------------------------------------------------------
Polyether Polyols made HON.......... HON........................... HON........ HON........ HON.
with tetrahydro-furan.
----------------------------------------------------------------------------------------------------------------
Nonepoxide organic
HAP emissions from Nonepoxide organic
Epoxide emissions making or HAP in catalyst
modifying product extraction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Polyether Polyols made with HON............. 98 percent Group 1 90 percent HON.......... HON.......... HON.
epoxides. aggregate combination of aggregate
emission process vents emission
reduction; or from batch unit reduction; or
flare emissions operations: 90 flare emissions
from all vents; percent aggregate from all vents.
or maintain emission
outlet conc. 20 ppmv; flare emissions
or maintain from all vents..
emiss. factor < group="" 1="" process="" 1.69="" x="">-2 kg vents from
epox./Mg product. continuous unit
operations: 98
percent emission
reduction; or
flare emissions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2.--Summary of Level of the Standards for New Affected Sources
----------------------------------------------------------------------------------------------------------------
Emission sources
------------------------------------------------------------ Heat exch. Equip.
Storage Process vents Waste-water syst. leaks
----------------------------------------------------------------------------------------------------------------
Polyether Polyols made Existing HON........................... Exist. HON........ HON.
with tetrahydro-furan. source HON. source HON.
----------------------------------------------------------------------------------------------------------------
Nonepoxide organic
HAP emissions from Nonepoxide organic
Epoxide emissions making or HAP in catalyst
modifying product extraction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Polyether Polyols made with Existing source 99.9 percent Group 1 90 percent Exist. source HON.......... HON.
epoxides. HON. aggregate combination of aggregate HON.
emission process vents emission
reduction; or from batch unit reduction; or
maintain outlet operations: 90 flare emissions
conc. percent aggregate from all vents.
20 ppmv; or emission
maintain emiss. reduction; or
factor < 4.43="" x="" flare="" emissions="">-3 kg epox./Mg from all vents..
product. Group 1 process
vents from
continuous unit
operations: 98
percent emission
reduction; or
flare emissions..
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. Storage Vessels
For polyether polyols made with either epoxides or THF, the storage
vessel requirements at new and existing affected sources are nearly
identical to the HON storage vessel requirements in subpart G for
existing sources. The final rule specifies procedures for determining
whether a storage vessel is assigned to a PMPU. Group 1 storage vessels
require control, while Group 2 storage vessels do not. If a storage
vessel has a capacity below 75 cubic meters, it is Group 2. For vessels
with capacities
[[Page 29424]]
between 75 and 151 cubic meters, they are Group 1 if the vapor pressure
of the liquid being stored is 13.1 kilopascals or greater. Storage
vessels with capacities greater than 151 cubic meters are Group 1 if
the vapor pressure of the liquid being stored is 5.2 kilopascals or
greater.
The storage vessel provisions require that one of the following
control systems be applied to Group 1 storage vessels: (1) An internal
floating roof with proper seals and fittings; (2) an external floating
roof with proper seals and fittings; (3) an external floating roof
converted to an internal floating roof with proper seals and fittings;
or (4) a closed vent system with a 95 percent efficient combustion,
recovery, or recapture device. The storage vessel provisions give
details on the types of seals and fittings required. Monitoring and
compliance provisions include periodic visual inspections of vessels,
roof seals, and fittings, as well as internal inspections. If a closed
vent system and combustion, recovery, or recapture device is used, the
owner or operator must establish appropriate monitoring procedures.
Reports and records of inspections, repairs, and other information
necessary to determine compliance are also required by the storage
vessel provisions.
C. Process Vents
There are separate process vent provisions for affected sources
that produce polyether polyols using epoxide reactants and affected
sources that produce polyether polyols using THF. The control
requirements for each type of affected source are discussed below,
followed by a discussion of the monitoring, reporting, and
recordkeeping provisions.
1. Polyether Polyols That Use Epoxides as a Reactant
For the polyether polyols that use epoxides as a reactant, the
process vent provisions are separated into three groups that are based
on the function of the organic HAP in the production process. These
groups are: (1) Epoxide (i.e., EO and PO) emissions resulting from the
use of these chemicals as reactants; (2) emissions of organic HAP other
than EO or PO (i.e., ``nonepoxide organic HAP'') resulting from their
use in making or modifying the polyether polyol product; and (3)
emissions of nonepoxide organic HAP resulting from their use in
catalyst extraction.
a. Requirements for epoxide emissions. The existing source
requirement for epoxide emissions from process vents is to reduce
epoxide emissions by 98 weight-percent. For new sources, this
requirement is 99.9 weight-percent. This is an aggregated percent
reduction applied to all process vents that emit epoxides in the PMPU.
Therefore, the owner or operator has the flexibility to select which
vents to control, provided that the overall epoxide emission reduction
from the PMPU is equal to, or greater than, the required efficiency.
In addition to using a combustion, recovery, or recapture device to
achieve the 98 percent reduction (or 99.9 percent for new sources), the
final rule allows the use of ``extended cookout'' (ECO) as a means of
reducing emissions by the required percentage. This pollution
prevention technique reduces emissions by extending the time of
reaction, thus leaving less unreacted epoxides to be emitted
downstream.
Instead of complying with the 98 (or 99.9) weight-percent reduction
limitation, an owner or operator may comply by demonstrating that each
outlet stream has a concentration of 20 parts per million by volume
(ppmv) epoxide or total organic compound (TOC). This option is
available for existing and new affected sources, but only if a
combustion, recovery, or recapture device is used.
As another alternative to the 98 percent emission reduction, owners
or operators of existing affected sources may maintain an epoxide
emission factor from the PMPU of no more than 1.69 x 10 -2
kilograms of epoxide emissions per megagram of product made (kg/Mg), or
1.69 x 10 -2 pounds of epoxide emissions per 1,000 pounds
of product made (lb/1000 lb). The corresponding emission factor for new
affected sources is 4.43 x 10 -3 kg/Mg (4.43 x 10
-3 lb/1000 lb). Compliance with this alternative limitation
is achieved by developing and following an epoxide annual emissions
plan, which must include provisions for the monitoring of the process
and any combustion, recovery, or recapture device parameters to
demonstrate continuous compliance with the emission limitation.
Finally, for affected existing sources, if a flare is used to
reduce epoxide HAP emissions from all process vents in the PMPU, then a
demonstration of 98 percent epoxide emission reduction is not required.
If an owner or operator of an new affected source wants to use only a
flare, a demonstration that the flare will achieve 99.9 percent epoxide
emission reduction is required.
An owner or operator can also choose to use a combination of the
percent reduction, 20 ppmv, and flare compliance options discussed
above in a single PMPU.
b. Requirements for emissions resulting from the use of nonepoxide
organic HAP to make or modify the product. For nonepoxide organic HAP
emissions that result from the use of nonepoxide organic HAP to make or
modify the product, the final rule uses a ``group'' approach, where
those vents that are classified as Group 1 are required to be
controlled. This provision only applies if a nonepoxide organic HAP is
used to make or modify the product.
In many instances, the process vent stream containing these
nonepoxide organic HAP will also contain epoxides. The combustion,
recovery, or recapture device used to comply with the epoxide emission
provisions discussed above may also reduce nonepoxide emissions. It is
for this reason that the final rule requires that the group
determination for nonepoxide organic HAP emissions from making or
modifying the product be conducted after the emissions exit the epoxide
combustion, recovery, or recapture device (or after the ECO).
Therefore, any nonepoxide emission reduction that is coincidentally
achieved in the epoxide combustion, recovery, or recapture device will
impact whether the process vent is classified as Group 1.
The group determination approach for process vents from batch unit
operations differs from that for process vents from continuous unit
operations. Each approach is discussed below.
For process vents from batch unit operations, the approach is to
determine if the collection of process vents in each PMPU that is
associated with the use of nonepoxide organic HAP to make or modify the
product is Group 1 or Group 2. If the combination of batch process
vents is determined to be Group 1, the aggregate nonepoxide organic HAP
emissions are required to be reduced by 90 weight-percent. As with the
epoxide percent emission reduction requirement, this requirement is on
an aggregated basis. Therefore, the owner or operator has the
flexibility to select which vents to control, provided that the overall
nonepoxide emission reduction from the PMPU is equal to, or greater
than, 90 weight-percent. If a flare is used to reduce these nonepoxide
organic HAP emissions from all process vents associated with the use of
a nonepoxide organic HAP to make or modify the product, then a
demonstration of 90 weight-percent emission reduction is not required.
These requirements are the same for new and existing affected sources.
The group status for the combination of batch vents in a PMPU is
determined by calculating the annual emissions
[[Page 29425]]
from all of the applicable vents. If the total nonepoxide organic HAP
emissions are less than 11,800 kilograms per year (26,000 pounds per
year), then the collection of vents is classified as Group 2, and no
control is required. If the emissions are greater than 11,800 kilograms
per year (26,000 pounds per year), they are used to calculate a ``cut-
off'' flow rate. This cutoff flow rate is then compared to the actual
combined annual average flow rate for all the vents. If the actual
combined annual average flow rate is less than the cutoff flow rate,
the group of vents is Group 1.
For process vents from continuous unit operations, the approach is
to determine if each process vent in the PMPU that is associated with
the use of nonepoxide organic HAP to make or modify the product is
Group 1. If a continuous process vent is determined to be Group 1, the
nonepoxide organic HAP emissions are required to be reduced by using a
flare or by 98 weight-percent. As with batch vents, these requirements
are the same for new and existing affected sources.
A continuous process vent is Group 1 if it has a flow rate greater
than or equal to 0.005 standard cubic meters per minute, a HAP
concentration greater than or equal to 50 ppmv, and a total resource
effectiveness (TRE) index value less than or equal to 1.0. The final
rule directly refers to the HON TRE equation in subpart G.
c. Requirements for nonepoxide organic HAP emissions from catalyst
extraction. This provision only applies if a nonepoxide organic HAP is
used in the catalyst extraction process. The promulgated process vent
provisions require the owner or operator of existing affected sources
using epoxides to reduce the aggregate total nonepoxide organic HAP
emissions by 90 weight-percent from process vents associated with
catalyst extraction at new or existing affected sources. This is also
an aggregate emission reduction requirement for the PMPU. If a flare is
used to reduce these nonepoxide organic HAP emissions from all process
vents associated with catalyst extraction, then a demonstration of 90
weight-percent emission reduction is not required.
Uncontrolled nonepoxide organic HAP emissions from continuous or
batch catalyst extraction unit operations are measured after the exit
from the continuous or batch unit operation, but before any recovery
devices; and controlled emissions are measured at the outlet of the
combustion, recovery, or recapture device. Primary condensers operating
as reflux condensers are considered to be part of the unit operation
and are not considered to be recovery devices.
2. Polyether Polyols That Use THF as a Reactant
The promulgated rule directly references the HON process vent
provisions in subpart G for polyether polyols processes that use THF as
a reactant. These provisions require a Group 1/Group 2 determination. A
group 1 process vent is one with a flow rate greater than or equal to
0.005 standard cubic meters per minute, a HAP concentration greater
than or equal to 50 ppmv, and a TRE less than or equal to 1.0. Owners
or operators of Group 1 process vents at THF facilities are required to
either reduce organic HAP emissions by 98 weight-percent, maintain an
outlet concentration of 20 ppmv, or route emissions to a flare.
3. Monitoring, Reporting, and Recordkeeping Provisions for Process
Vents
Monitoring, reporting, and recordkeeping provisions necessary to
demonstrate compliance are also included in the process vent
provisions. Compliance with the monitoring provisions is based on
parametric monitoring of the combustion, recovery, or recapture device,
or monitoring of the process parameters if ECO is used to control
epoxide emissions.
D. Wastewater Operations
The final wastewater provisions in subpart PPP refer directly to
the HON wastewater provisions. Water that is discarded from a PMPU is
considered to be wastewater if the water has an annual average
concentration of organic HAP of 5 parts per million by weight (ppmw) or
greater and an annual average flow rate of 0.02 liters per minute
(0.0053 gallons per minute) or greater, or an annual average
concentration of organic HAP of at least 10,000 ppmw at any flow rate.
There are two types of wastewater: maintenance wastewater and process
wastewater. The requirements for each type of wastewater are discussed
below.
1. Maintenance Wastewater
The final rule directly incorporates the HON requirements in
Sec. 63.105 of subpart F for maintenance wastewater. The provisions of
Sec. 63.105 require owners or operators to prepare a description of
procedures that will be used to manage HAP-containing wastewater
created during maintenance activities and to implement these
procedures.
2. Process Wastewater
The final rule also directly incorporates HON provisions for
process wastewater, which are contained in Sec. 63.132 through
Sec. 63.149 of subpart G. These provisions employ a Group 1/Group 2
approach with Group 1 process wastewater streams requiring control.
However, subpart PPP does not incorporate the HON new source Group 1
process wastewater stream criteria. That is, the Group 1 process
wastewater stream criteria for new and existing affected sources are
equivalent to the HON existing source Group 1 criteria. These criteria
are as follows. A Group 1 wastewater stream is a wastewater stream with
a total annual average concentration of organic HAP greater than or
equal to 10,000 ppmw at any flow rate, or a total annual average
concentration greater than or equal to 1,000 ppmw and an annual average
flow rate greater than or equal to 10 liters per minute (2.6 gallons
per minute).
An owner or operator may determine the organic HAP concentration
and flow rate of wastewater streams either (1) at the point of
determination (where the wastewater exits the PMPU); or (2) downstream
of the point of determination, provided that adjustments are made for
changes that occur to the stream from the point of determination to the
downstream location. Both the applicability determination and the Group
1/Group 2 determination must reflect the wastewater characteristics
before losses due to volatilization, a concentration differential due
to dilution, or a change in organic HAP concentration or flow rate due
to treatment.
There are requirements for wastewater tanks, surface impoundments,
containers, individual drain systems, and oil/water separators that
handle Group 1 wastewater streams. These provisions require either that
specified measures be undertaken to suppress organic emissions from the
wastewater stream, or that emissions be vented to a control device.
There are also treatment requirements for Group 1 wastewater
streams to reduce the organic HAP content in the wastewater prior to
placement in units without air emissions controls. There are a number
of treatment options for Group 1 wastewater streams. These include
reducing the total concentration of organic HAP to a level less than 50
ppmw, treating the stream in a steam stripper meeting specified design
criteria, reducing the organic HAP mass flow rate by 99 percent (or by
the fraction removed, or Fr, value for the HAP), achieving
the required mass
[[Page 29426]]
removal (RMR) for the HAP, achieve a RMR of 95 percent in a biological
treatment process, or treating the stream in a unit complying with
specified Resource Conservation and Recovery Act (RCRA) requirements.
Also, there is an exemption if the total source organic HAP mass flow
rate is less than 1 Mg/yr (1.1 tons/yr).
The rule requires that inspections be conducted on waste management
units. It also requires that design steam strippers and biological
treatment units be monitored, along with control devices on waste
management units. The rule also contains extensive provisions outlining
how to demonstrate compliance, including reporting and recordkeeping
provisions. For more information regarding the wastewater provisions in
this final rule, consult the January 17, 1997 amendments to the HON (62
FR 2722).
E. Equipment Leaks
The equipment leak provisions in the promulgated rule refer
directly to the HON requirements contained in 40 CFR part 63, subpart
H. These final standards apply to equipment in organic HAP service for
300 or more hours per year that is associated with a PMPU, including
valves, pumps, connectors, compressors, pressure relief devices, open-
ended valves or lines, sampling connection systems, instrumentation
systems, surge control vessels, bottoms receivers, and agitators. The
provisions also apply to closed-vent systems and combustion, recovery,
or recapture devices used to control emissions from any of the listed
equipment.
The promulgated standard requires leak detection and repair (LDAR)
for pumps in light liquid service and for valves in gas or light liquid
service. The LDAR program involves a periodic check for organic vapor
leaks with a portable instrument using Method 21 of appendix A of part
60. If leaks are found, they must be repaired within a certain period
of time. These provisions contain programs where owners or operators
that have demonstrated success in eliminating leaking equipment can
increase the interval between leak inspections.
The final rule also requires LDAR of connectors in gas or light
liquid service. The monitoring frequency for connectors is determined
by the percent leaking connectors in the process unit and the
consistency of performance.
Subpart H also contains standards for compressors, open-ended
lines, pressure relief devices, and sampling connection systems.
Compressors are required to be controlled using a barrier-fluid seal
system, by a closed vent system to a combustion, recovery, or recapture
device, or must be demonstrated to have no leaks greater than 500 parts
per million (ppm) HAP. Sampling connections must be a closed-purge or
closed-loop system, or must be controlled using a closed vent system to
a combustion, recovery, or recapture device. Agitators must either be
monitored for leaks or use systems that are better designed such as
dual mechanical seals. Pumps, valves, connectors, and agitators in
heavy liquid service; instrumentation systems; and pressure relief
devices in liquid service are subject to instrumental monitoring only
if evidence of a potential leak is found through sight, sound, or
smell. Instrumentation systems consist of smaller pipes and tubing that
carry samples of process fluids to be analyzed to determine process
operating conditions or systems for measurement of process conditions.
Surge control vessels and bottoms receivers are required to be
controlled using a closed vent system vented to a combustion, recovery,
or recapture device. However, the applicability of controls to surge
control vessels and bottoms receivers is based on the size of the
vessel and the vapor pressure of the contents. The criteria for
determining whether controls are required for surge control vessels and
bottoms receivers are the same as the criteria for determining whether
controls are required for storage vessels.
The standards require certain records to demonstrate compliance
with the standard, and the records must be retained in a readily
accessible recordkeeping system. Subpart H requires that the following
records be maintained for equipment that would be subject to the
standards: records of testing associated with batch processes; design
specifications of closed vent systems and combustion, recovery, or
recapture devices; and test results from performance tests.
F. Heat Exchangers
The final standards for heat exchange systems directly refer to the
heat exchange provisions listed in subpart F of the HON at Sec. 63.104.
These provisions require that the owner or operator monitor heat
exchange systems for leaks and repair any leaks that are detected.
G. General Testing Requirements
Specific testing requirements related to each emission source type
are included in the applicable sections of the final rule. Section
63.1437 of the final rule addresses conditions for performance tests
and compliance determination procedures for flares.
Section 63.1437 requires that performance testing be conducted
during maximum operating conditions for all emissions sources except
for process vents from batch unit operations. Tests for process vents
from batch unit operations are to be performed at worst-case
conditions.
This section limits the time frame for the maximum operating and
worst-case conditions to either the 6-month period that ends 2 months
before the Notification of Compliance Status is due, or the 6-month
period that begins 3 months before the performance test and ends 3
months after the performance test. This section also indicates that
tests should not be performed under conditions that: (1) Cause damage
to equipment, (2) necessitate that product made does not meet an
existing specification for sale to a customer, (3) necessitate that
product made is in excess of demand, or (4) cause plant or testing
personnel to be subject to unsafe conditions.
This section clarifies that a performance test is not required for
flares, and requires that a compliance determination be conducted for
flares in accordance with Sec. 63.11(b) of the General Provisions.
H. Monitoring Levels and Excursions
Specific monitoring requirements related to each emission source
type are included in the applicable sections of the final rule. Section
63.1438 of the final rule addresses the establishment of parameter
monitoring levels and excursions.
This section specifies how parameter monitoring levels are to be
established. The three methods are: (1) To establish parameter levels
based exclusively on performance testing; (2) to establish parameter
monitoring levels based on performance tests, supplemented by
engineering assessments and/or manufacturer's recommendations; and (3)
to establish parameter monitoring levels based on engineering
assessments and/or manufacturer's recommendations.
This section also provides definitions of excursions and how
excursions are related to compliance. Table 3 in this preamble
illustrates instances that are defined as excursions.
[[Page 29427]]
Table 3.--Summary of Excursions
------------------------------------------------------------------------
Description of
Emission source type Type of excursion excursion
------------------------------------------------------------------------
Storage vessels, where Daily average When the daily
continuous monitoring is exceedance. average of a
required. monitored parameter
is above the
maximum, or below
the minimum,
established level.
Insufficient Depends on the
monitoring data. monitoring plan.
Storage vessels, where If monitoring When the average
continuous monitoring is not plan specifies value of one or more
required. monitoring a parameters, averaged
parameter, a over the duration of
filling period the filling period
exceedance. for the storage
vessel, is above the
maximum level or
below the minimum
level.
If monitoring When measured values
plan specifies are not available
that a value for at least 75
must be recorded percent of the
at specific specific intervals
intervals, at which parameters
insufficient are to be monitored
monitoring data. and recorded,
according to the
monitoring plan,
during the filling
period for the
storage vessel.
Process wastewater streams, [See the HON].... [See the HON
heat exchange systems, or Requirements.]
equipment leaks.
Continuous process vents using Daily average When the daily
combustion, recovery, or exceedance. average of a
recapture devices. monitored parameter
is above the
maximum, or below
the minimum,
established level.
Insufficient Insufficient
monitoring data. monitoring data is
when an owner or
operator fails to
obtain a valid hour
of data for at least
75 percent of the
operating hours
during an operating
day. Four 15-minute
parameter
measurements must be
obtained to
constitute a valid
hour of data.
Batch process vents using Daily average When the daily
combustion, recovery, or exceedance. average of a
recapture devices. monitored parameter
is above the
maximum, or below
the minimum,
established level.
Insufficient Insufficient
monitoring data. monitoring data is
when an owner or
operator fails to
obtain valid
parameter
measurements for at
least 75 percent of
the 15-minute
periods during an
operating day.
Process vents using ECO....... Batch cycle If time is monitored,
parameter when the time from
exceedance. the end of the
epoxide feed to the
end of an ECO is
shorter than the
minimum duration
established for the
product class.
If reactor partial
pressure is
monitored, when the
reactor epoxide
partial pressure at
the end of an ECO is
above the maximum
pressure established
for the product
class.
If epoxide
concentration is
monitored, when the
epoxide
concentration in the
reactor at the end
of an ECO is above
the maximum epoxide
concentration
established for the
product class.
------------------------------------------------------------------------
The owner or operator is allowed a certain number of ``excused''
excursions. In the first semiannual period, the owner or operator is
allowed to excuse six excursions. This diminishes to one excused
excursion for each semiannual period after the sixth semiannual period.
For each excursion that is not excused, the owner or operator is
deemed to be out of compliance with the provisions of the final rule.
If a condenser is used and temperature is the parameter monitored, or
if another recovery or recapture device is used and organic HAP
concentration is the parameter monitored, then the excursion is a
violation of the emission limitation. For all other parameter
monitoring situations, an excursion is a violation of the operating
limit.
I. General Provisions
The final rule incorporates by reference the General Provisions in
subpart A as promulgated on March 13, 1994. However, the EPA is in the
process of drafting amendments to the General Provisions. After the
promulgation of the amendments to the General Provisions, the amended
General Provisions will be automatically considered to be incorporated
into this subpart. For that reason, as amendments are proposed for the
General Provisions, owners and operators are encouraged to comment on
how those amendments could potentially affect owners and operators
subject to subpart PPP of part 63.
The final rule references the start-up, shutdown, and malfunction
plan requirements in Sec. 63.6(e)(3) of the General Provisions. The
start-up, shutdown, and malfunction plan developed for each affected
source must describe procedures for operating and maintaining the
affected source during periods of start-up, shutdown, and malfunction,
and must describe procedures and a program for corrective action for
malfunctioning process and air pollution equipment used to comply with
this subpart.
J. General Recordkeeping and Reporting Requirements
Specific recordkeeping and reporting requirements related to each
emission source type are included in the applicable sections of the
final rule. Section 63.1439 of the final rule provides more general
reporting, recordkeeping, and testing requirements. The following are
the types of reports that must be submitted to the Administrator, as
appropriate: Initial Notification, Precompliance Report, Notification
of Compliance Status, Periodic Reports, and Other Reports. The
requirements for each of the types of reports are summarized below.
Section 63.1434 of the final rule incorporates the reporting
requirements of subpart H. The subpart H reporting requirements include
an Initial Notification, a Notification of Compliance Status, and
Periodic Reports. The information required by subpart H should be
submitted along with the information specified in subpart PPP for the
applicable report.
1. Initial Notification
For existing sources, the Initial Notification is required to be
submitted June 1, 2000. For new sources, the due date is dependent on
the date of initial start-up date. The Initial Notification must
include the following information:
a. The name and address of the owner or operator.
[[Page 29428]]
b. The address (i.e., physical location) of the affected source.
c. An identification of the relevant standard, or other
requirement, that is the basis of the notification and the source's
compliance date.
d. An identification of the kinds of emission points within the
affected source.
e. A statement of whether or not the affected source is a major
source.
2. Precompliance Report
Affected sources making one or more of the following requests must
submit a Precompliance Report 1 year before their compliance date: (1)
Requesting an extension for compliance; (2) requesting approval to use
alternative monitoring parameters, alternative continuous monitoring
and recordkeeping, or alternative controls; (3) requesting approval to
incorporate a provision for ceasing to collect monitoring data, during
a start-up, shutdown, or malfunction, into the start-up, shutdown, and
malfunction plan, when that monitoring equipment would be damaged if it
did not cease to collect monitoring data; or (4) requesting to
establish parameter monitoring levels based on engineering assessments
and manufacturing recommendations. Supplements to the Precompliance
Report may also be submitted after the due date of the Precompliance
Report, if the owner or operator finds it necessary to clarify or
modify information previously submitted under the original
Precompliance Report. In addition, the final rule provides that, unless
the Administrator has objected to a request made in the Precompliance
Report or a supplement to the Precompliance Report within 45 days of
its receipt, the request shall be automatically deemed ``approved.''
An owner or operator who submits an operating permit application
may submit the information specified in the Precompliance Report, as
applicable, with the operating permit application, in addition to any
other information required to be included in the operating permit
application.
3. Notification of Compliance Status
The Notification of Compliance Status is required to be submitted
within 150 days after the source's compliance date. The information
required to show compliance for each emission point must be included in
the Notification of Compliance Status. Such information includes, but
is not limited to, results of any performance tests, design analyses,
and parameter monitoring levels for each emission point and supporting
data for the designated level.
4. Periodic Reports
Generally, Periodic Reports are required to be submitted
semiannually. However, if a combustion, recovery, or recapture device
for a particular emission point or process section has more than the
excused number of excursions, or if the regulatory authority requests
it of the owner or operator, quarterly reports may be required for 1
year for that emission point. After 1 year, semiannual reporting may be
resumed, if no additional excursions occur.
The Periodic Report must report when excursions occur, as well as
results of any performance tests conducted during the reporting period.
For equipment leaks, Periodic Reports must contain summary information
on the LDAR program, changes in monitoring frequency or monitoring
alternatives, and/or initiation of a quality improvement program (QIP).
5. Other Reports
Other reports required under the final rule include: (1) Reports of
process changes that change the compliance status of process vents; (2)
reports of changes to the primary product of a PMPU or process unit
that becomes a PMPU as a result of the change; (3) reports of the
addition of a new PMPU or emission point (other than an equipment
leak); (4) reports of reconstruction or new source construction; (5)
requests for approval to use alternative monitoring parameters,
alternative continuous monitoring or recordkeeping, or alternative
controls; and (5) requests for extensions of the allowable repair
period and notifications of inspections for storage vessels and
wastewater.
IV. Control Technology Basis of the Standard
The rule requirements are based on the MACT floor level of control
for the following emission types for polyether polyols made with
epoxides: storage vessels, process vent epoxide emissions, process vent
nonepoxide emissions from catalyst extraction, and equipment leaks. The
Agency selected requirements more stringent than the floor for
wastewater emissions and for nonepoxide organic HAP process vent
emissions from making or modifying the product. For polyether polyols
made with THF, the Agency selected requirements more stringent than the
MACT floor level of control for all of the emission types (i.e.,
storage, process vent emissions, equipment leaks and wastewater). These
MACT control levels have not changed since the September 4, 1997
proposal (62 FR 46804).
The HON control basis establishes MACT for both polyether polyols
made with epoxides and polyether polyols made with THF, although for
polyether polyols made with THF, the HON control level is above the
floor. The only exception to this HON control basis is where control
levels established in the ``Control of Volatile Organic Compound
Emissions From Batch Processes--Alternative Control Techniques
Information Document,'' Document No. EPA-453/R-94-020 (i.e., the Batch
ACT), are the above the floor control basis for process vents from
batch unit operations.
The HON level of control establishes the basis for MACT for this
standard because the continuous unit operations in polyether polyols
manufacturing plants are fairly similar to the process units at sources
that are subject to the HON. Given the similarity of PMPUs to process
units subject to the HON and the fact that the HON level of control had
received extensive evaluation during the development of the HON, the
EPA concluded that the cost and other impacts of the HON levels were
representative of those that could be expected for the polyether
polyols production industry. The estimated cost effectiveness for the
Batch ACT was determined to be comparable to the cost effectiveness of
the HON continuous vent provisions and is expected to be comparable to
the cost effectiveness of the process vent requirements in this final
rule.
V. Summary of Impacts
The impacts discussed in this section are presented relative to a
baseline reflecting the level of control in the absence of the rule.
See the baseline emissions memorandum in the Supplementary Information
Document for Proposed Standards (EPA-453/R-97-010c, May 1997) for a
detailed discussion of this approach. The impacts for existing sources
were estimated by bringing each facility's control level up to the
levels of the standards. According to industry representatives, no new
sources were projected to be constructed in the next 5 years.
Therefore, no new source impacts were estimated.
A. Air Impacts
These promulgated standards are estimated to reduce HAP emissions
from all existing sources of polyether polyols by 1,810 Mg/yr (2,000
tons/yr). This represents a 47 percent reduction from the baseline
level of emissions. This reduction is relatively low, since
[[Page 29429]]
several affected facilities have already installed stringent pollution
controls in response to State air toxics rules.
B. Other Environmental Impacts
All the HAP being reduced by this regulation are also volatile
organic compounds (VOC); thus, a reduction of 1,810 Mg/yr (2,000 tons/
yr) of VOC is anticipated as a result of implementing these standards.
However, emissions of other criteria pollutants are estimated to
increase by 80 Mg/yr (88 tons/yr) as a result of operating process vent
and wastewater emission control systems to comply with the standards.
Therefore, the net reduction in criteria pollutants resulting from this
regulation is anticipated to be 1,730 Mg/yr (1,900 tons/yr).
C. Energy Impacts
The total nationwide energy demands that will result from
implementing the process vent and wastewater requirements are around
4.7 x 10 \10\ British thermal units annually (Btu/yr).
D. Cost Impacts
Cost impacts include the capital costs of new control equipment,
the cost of energy (supplemental fuel, steam, and electricity) required
to operate control equipment, operation and maintenance costs, and the
cost savings generated by reducing the loss of valuable raw materials
in the form of emissions. Also, cost impacts include the costs of
monitoring, recordkeeping, and reporting associated with these
promulgated standards.
Under the final rule, it is estimated that total capital costs for
existing sources will be $10.2 million (August 1996 dollars) and that
total annual costs will be $7.7 million per year. The actual compliance
cost impacts of the final rule could be less than estimated, due to the
potential to use common combustion, recovery, or recapture devices,
upgrade existing combustion, recovery, or recapture devices, use other
less expensive control technologies, or implement pollution prevention.
Because the effect of such practices is highly site-specific and data
were unavailable to estimate how often the lower cost compliance
practices could be utilized, it is not possible to quantify the amount
by which actual compliance costs will be reduced.
E. Economic Impacts
The goal of the economic impact analysis (EPA Document No. EPA-453/
R-97-013, May 1997) is to estimate the market response of the polyether
polyols industry to the emission standards and determine any adverse
effects that may result from the regulation. Approximately 78
facilities owned by 36 different companies producing polyether polyols
domestically may potentially be affected by the regulation.
Since the nationwide annualized cost of this regulation of $7.7
million represents approximately 0.06 percent of the estimated 1996
sales revenues for domestically produced polyether polyols, the EPA
determined that the regulation is not likely to have a significant
economic impact on this industry as a whole. For this reason, a
streamlined economic analysis was performed to determine facility-
specific impacts. Facility-specific impacts were examined by
calculating the ratio of the estimated annualized costs of controls for
each facility to the estimated revenues per facility (i.e., cost-to-
sales ratio) to assess the likelihood of facility closures and
employment impacts. A cost-to-sales ratio exceeding 1 percent was
determined to be an initial indicator of the potential for a
significant facility impact.
Costs exceeded 1 percent of sales for only one facility out of the
78 facilities affected by the regulation. This firm is estimated to
potentially experience a cost-to-sales ratio of 1.5 percent. Based on
an analysis of the costs of compliance compared to facility and company
financial data for this firm, the EPA concluded that it was unlikely
that the company owning this facility would choose to close it. The
company is financially robust and the costs are a small share of the
total company sales and net income. Therefore, the facility-specific
impacts are not considered to be significant for any facility affected
by this promulgated regulation. The generally small scale of the
impacts suggests that there will also be no significant impacts on
markets for the products made using polyether polyols, such as
polyurethanes. For more information, consult the economic impact report
entitled ``Economic Analysis Of Air Pollution Regulations: Polyether
Polyols Production, May 1997'' in the docket for today's rule.
VI. Significant Comments and Changes to the Proposed Standards
Comments on the proposed rule were received from industry and trade
organizations. A detailed discussion of these comments and responses
can be found in the Basis and Purpose Document for the Final Standards
(EPA-453/R-99-002b).
There were a number of comments submitted that were considered to
be significant by the EPA. These significant comments covered many
aspects of the rule. The Agency's review of the significant issues
raised by the commenters resulted in changes to the proposed rule in
many instances. This section summarizes the significant comments raised
and provides the EPA's response.
A. Primary Product Determination
One commenter expressed confusion over aspects of the primary
product determination in the proposed rule, particularly the provision
that specified how a non-PMPU could become a PMPU after the initial
determination based on actual production. The EPA agrees that this
portion of the proposed primary product provisions needed
clarification. In fact, the EPA conducted an overall review of the
proposed primary product provisions, and concluded that several
structural and clarifying changes were needed. In addition, the EPA
noted some potential situations that could occur that were not
addressed in the proposed provisions.
The specific concern raised by the commenter was addressed by
clearly stipulating how owners or operators of non-PMPUs are to
determine whether they have become subject to the rule after the
initial primary product determination. The final rule specifies that
non-PMPUs that have produced polyether polyols in the past 5 years are
to annually re-determine the primary product using actual production
values. The rule also specifies how a non-PMPU process unit is to
determine the primary product if it has not produced polyether polyols
in the past 5 years, but plans to produce polyether polyols in the
future.
The proposed provisions required that initial primary product
determination be based on a 5-year prediction of anticipated production
by the owner or operator. The EPA is aware that, in some instances, the
owner or operator may not be able to make such a prediction.
Clarifications and/or revisions were made to the primary product
provisions to address this situation. First, in the initial
determination, the time frame for which production must be anticipated
for new process units was changed to 1 year. Also, provisions were
added for owners or operators that cannot determine their primary
product based on anticipated 5-year (or 1-year) production. To
summarize, if polyether polyols have been produced in an existing
process unit for 5 percent or greater of the time since September 4,
1997, then the process unit is designated as a PMPU and is subject to
the existing source provisions of subpart PPP. For new process units,
if polyether polyols will be produced at any time during the first
[[Page 29430]]
year of production, then the unit is a PMPU and is subject to the new
source provisions of subpart PPP.
In addition to the provisions discussed above that specify how non-
PMPUs are to determine if they become PMPUs (i.e., subject to subpart
PPP), the EPA has also clarified and expanded the provisions that
specify how the PMPU designation can be removed from a process unit.
The first case, which is retained from the proposed rule, is where
production of polyether polyols ceases and the owner or operator does
not anticipate the production of polyether polyols in the future. Also,
the EPA has added provisions that specify procedures for a primary
product reevaluation based on actual production. If an owner or
operator of a PMPU finds that another product has been produced for a
greater amount of time than polyether polyols over a specified time
period (previous 5 years or since beginning the production of polyether
polyols), then the PMPU designation could possibly be removed. The
stipulation is that production of the ``new'' primary product must make
the process unit subject to another part 63 NESHAP. If the new primary
product is not subject to another part 63 NESHAP and polyether polyols
continue to be produced, the process unit continues to be classified as
a PMPU and continues to be subject to subpart PPP.
The EPA has also added provisions addressing the determination of
the primary product in situations where two or more products are
produced simultaneously. Also, clarifications were made in the
reporting and recordkeeping requirements associated with the primary
product determination. A more in-depth explanation of the primary
product determination procedures in Sec. 63.1420(e) can be found in the
preamble to the proposed amendments to the Polymers and Resins I and IV
NESHAP (64 FR 11563). The primary product provisions in Sec. 63.1420(e)
mirror those proposed in Secs. 63.480(f) and 63.1310(f).
B. Definition of ``Polyether Polyol''
In the proposed rule a ``Polyether Polyol'' was defined as:
* * * a compound formed through the polymerization of ethylene oxide
(EO) or propylene oxide (PO) or other cyclic ethers with compounds
having one or more reactive hydrogens (i.e., a hydrogen atom bonded
to nitrogen, oxygen, phosphorus, sulfur, etc.) to form polyethers.
This definition excludes materials regulated under the HON, such as
glycols and glycol ethers.
One commenter requested that the EPA revise the definition of
``polyether polyol'' to clarify that the production of typical
alkanolamines, which lack repeating ether units, is not regulated under
subpart PPP. Another commenter explained that hydroxy ethyl cellulose
is formed through the reaction of EO on cellulose polymer molecules.
This commenter requested that the EPA clarify whether hydroxy ethyl
cellulose manufacturing is included or excluded from the definition of
``polyether polyol.''
The EPA has revised the definition of ``polyether polyol'' in the
final rule addressing both of these issues by excluding the production
of hydroxy ethyl cellulose and by specifying that a polyether must have
two or more ether bonds.
C. Definition of ``Process Vent''
The definition of ``process vent'' in the proposed rule did not
include any cutoffs based on the flow or HAP concentration of the
process vent. One commenter was concerned that the definition of
``process vent'' did not have a de minimis cutoff, as does the
definition of ``process vent'' in the HON. The cutoff suggested by the
commenter (0.005 weight-percent total organic HAP) has been
incorporated into the final definition of a process vent, for process
vents from continuous unit operations. This decision was based on the
fact that the EPA considers it to be impractical to impose requirements
for process vent streams with such low HAP concentrations (less than
0.005 weight percent organic HAP). For similar reasons, a de minimis
cutoff for process vents from batch unit operations was also added in
the final rule. In the Polymers and Resins I and IV NESHAP, the batch
process vent definition contains a de minimis cutoff of 225 kg/yr
uncontrolled HAP emissions. The EPA believes that this level is also an
appropriate de minimis level for process vents from batch unit
operations in the polyether polyols industry.
D. Outlet Concentration Limit as an Alternative Epoxide Process Vent
Emission Limit for New Sources
The proposed rule did not include a concentration limit as an
alternative epoxide process vent emission limit for new sources. The
preamble to the proposed rule solicited comments on this subject, to
which four commenters responded. All four recommended a 20 ppmv
alternative concentration limit. The commenters indicated that the
preambles for the New Source Performance Standards for VOC Emissions
from Synthetic Organic Chemical Manufacturing Industry (SOCMI)
Distillation Operations (40 CFR part 60, subpart NNN), and the HON (40
CFR part 63, subpart G) provided rationales for a 20 ppmv limitation
that also are applicable to the polyether polyols rule.
In subpart NNN's preamble (48 FR 48932, October 21, 1983), the EPA
stated that the outlet concentration of 20 ppmv was established based
on kinetic calculations of incinerators. It was demonstrated that, at a
given temperature and residence time, a stream with a low inlet
concentration could not demonstrate an outlet concentration below 20
ppmv. In the preamble to the proposed amendments to the HON (61 FR
43698, August 26, 1996), the EPA expanded the application of this lower
bound concentration performance standard to control/recovery devices
other than incinerators. In the HON preamble, the EPA explained that
recovery devices are designed to typically reduce emissions to the same
outlet concentration level given a relatively wide range of inlet
concentrations. When the inlet concentration is substantially below the
design maximum leading conditions (and begins to approach the residual
level in the outlet stream), the recovery device efficiency will
decrease.
The EPA agrees that the rationales for the 20 ppmv concentration
limit provided in the preambles discussed above are also applicable to
subpart PPP. Further, the technological limitations that form the basis
for this alternative 20 ppmv limit are applicable to combustion,
recovery, and recapture devices that may be used at existing affected
sources or new affected sources. Therefore, the EPA believes it is
appropriate to also allow this alternative for new sources.
Therefore, the final rule contains an alternative concentration
limit of 20 ppmv for both new and existing sources. This concentration
is measured at the outlet of the combustion, recovery, or recapture
device.
Another commenter advocated that the alternative 20 ppmv
concentration limit should apply more broadly to process vents that do
not utilize a combustion, recovery, or recapture device to reduce
epoxide emissions. The examples provided by the commenter included
vents from equipment practicing a very long ECO or vents from equipment
where the epoxide content is very low and emissions are very small.
As discussed above, the lower outlet concentration limit recognizes
that there is a lower outlet concentration boundary, below which
combustion, recapture and control devices cannot achieve. The EPA
understands that the outlet concentration after ECO may be
[[Page 29431]]
as low as that after a combustion, recovery, or recapture device.
However, this is not based on technological limitations of ECO, as is
the basis for the 20 ppmv concentration limit for combustion, recovery,
and recapture devices. Therefore, the EPA believes that allowing the 20
ppmv concentration limit for ECO is not appropriate.
Further, the EPA does not believe that it is appropriate to use
this alternative concentration requirement as a de minimis cutoff for
vents where the epoxide content is very low and emissions are very
small. The EPA believes that the HAP concentration and emission de
minimis cutoffs in definition of the process vent (discussed above in
Section V.C) adequately address these vents.
Finally, the proposed existing source concentration limit was 20
ppmv of total epoxides. Other rules, such as the HON, allow the option
of determining outlet concentration limits on a TOC basis. In many
instances in the polyether polyols industry, the EPA believes that all
the TOC in the emission stream will be epoxides, making the TOC and
epoxide concentration equivalent. In fact, if there were other TOC in
the stream, compliance with a 20 ppmv TOC limit would mean that the
epoxide concentration would necessarily be less than 20 ppmv. For these
reasons, the EPA believes that having the alternative concentration
limits based on total epoxides or TOC is appropriate for this rule. As
discussed later in Section V.J, the EPA decided to allow Method 25A
(which is designed to measure TOC) to determine compliance with the
alternative concentration limits.
E. Flares as a Reference Control Technology
Two commenters requested that the EPA allow flares as a reference
control technology for process vents at existing and new sources. The
EPA agreed with the commenters that flares are an acceptable reference
control technology for situations where the required organic HAP
emission reduction is 98 percent or less. The final rule allows flares
as a reference control technology for epoxide process vent emissions at
existing sources, for Group 1 nonepoxide organic HAP process vent
emissions at new and existing sources, and for nonepoxide organic HAP
process vent emissions from catalyst extraction at new and existing
sources. However, the data presented by the commenters do not support a
destruction efficiency of 99.9 percent for flares combusting EO and PO,
which is the equivalent percent reduction efficiency for the epoxide
process vent limitation for new sources. Therefore, the EPA cannot
allow flares as a reference control technology for epoxide process vent
emissions at new sources.
F. Group Determination on an Individual Process Vent Basis for
Nonepoxide Organic HAP Emissions From Making or Modifying the Product
In addition to the use of epoxides reactants, some polyether polyol
producers use organic HAP as initiators, solvents, viscosity adjusters,
or in other ways to provide special properties to the final products.
To address emissions of these nonepoxide organic HAP, the proposed rule
contained requirements for ``nonepoxide organic HAP used in making or
modifying the product.'' To determine whether control of these
nonepoxide organic HAP emissions was required, the proposed rule used a
``group'' applicability approach, where vents that were classified as
Group 1 were required to be controlled by 90 percent. The proposed rule
required that the group determination be performed on an aggregate
basis. That is, the stream characteristics for all process vents from
continuous unit operations within the PMPU that were associated with
the use of the nonepoxide organic HAP to make or modify the product
were combined and the group criteria applied to the theoretical
combined stream. Similarly, the batch vent group determined was on an
aggregate basis.
Two commenters raised the point that the equations and other
criteria for deciding whether a vent is Group 1 or Group 2 were based
on cost-effectiveness decisions related to controlling individual
process vents, and that those equations were borrowed from other rules,
where they were applied on an individual vent basis. The commenters
requested that owners or operators have the option of making the group
determinations for nonepoxide process vents on a vent-by-vent basis,
rather than being required to do the group determination for the
combination of all process vents.
The EPA agrees with the statement that the Group 1 criteria are
essentially cost-effectiveness decisions. The group determination
criteria in other MACT standards, specifically the HON (for process
vents from continuous unit operations) and Polymers and Resins I and IV
(for process vents from batch unit operations), are based on cost
effectiveness. Prior to proposal, the EPA concluded that the cost-
effectiveness based group criteria from the HON and the Polymers and
Resins rules were also appropriate measures of the cost effectiveness
of controlling process vent streams at polyether polyols facilities,
given the similarities in the process vent stream parameters between
the affected industries. Therefore, these group determination criteria
were borrowed for the proposed subpart PPP. However, the EPA does
recognize that in all three of the rules cited above, the group
determination is applied to individual process vents.
The EPA agrees that the TRE index approach was developed for, and
has been applied to, individual vents. The EPA further agrees that
applying the TRE approach to the combination of process vents from
continuous unit operations in a PMPU is not appropriate without
conducting an analysis to validate the equations for the combination of
vents, or developing new equations. Rather than take this approach, the
EPA has decided, in the final rule, to apply the Group 1 criteria for
process vents from continuous unit operations that use nonepoxide
organic HAP to make or modify the product to individual process vents.
For process vents from batch unit operations that use nonepoxide
organic HAP to make or modify the product, the Group 1 equations are
the same equations employed in the Polymers and Resins I and IV MACT
standards (40 CFR part 63, subparts U and JJJ, respectively). The EPA
agrees with the commenters that in these polymers and resins standards,
the Group criteria are applied to individual vents. However, unlike the
TRE for process vents from continuous unit operations, the group
determination approach that is used in subparts U, JJJ, and PPP, was
originally developed to be used for either individual vents or the
combination of vents.
The original source of the batch vent group determination approach
is the Batch ACT document. On page 7-5 of that document, the EPA states
``The control option requirements presented in Chapter 6 apply to (1)
individual batch VOC process vents to which the annual mass emissions
and average flowrate cutoffs are applied directly, and (2) aggregated
VOC process vents for which a singular annual mass emission total and
average flowrate cutoff value is calculated and for which the option is
applied across an aggregate of sources.'' Therefore, for process vents
from batch unit operations, the EPA disagrees with the statements that
the group determination equations are being used ``in a totally
different context'' and that there is no supporting rationale for using
them. The final rule retains the requirement that the Group criteria be
applied to the nonepoxide organic HAP
[[Page 29432]]
emissions from the combination of process vents from batch unit
operations associated with the use of nonepoxide organic HAP to make or
modify the product.
G. Possibility of Dual Controls for Nonepoxide Organic HAP Emissions
From Making or Modifying the Product
As discussed above, the proposed rule required group determinations
for the nonepoxide organic HAP process vent emissions from making or
modifying the product. One commenter pointed out that the proposed rule
was not clear about when and where to make this group determination.
The commenter also noted that a process vent that uses a control
technique for epoxides only (e.g., a scrubber or ECO) would require a
second control technique for the nonepoxide organic HAP emissions.
The EPA considered the commenter's points and the options suggested
by the commenter. The final rule requires that the group determination
for nonepoxide organic HAP emissions be made after the stream has been
controlled for the epoxide emissions. The EPA believes that this
approach addresses the situation regarding the possibility of dual
control. If the epoxide control device also reduces nonepoxide
emissions, then that control would impact whether the vent (or group of
batch vents) is Group 1. Therefore, control of nonepoxide emissions
along with the epoxides will impact whether controls are required at
all. If the vent (or group of vents) still has sufficient nonepoxide
organic HAP emissions after the epoxide control device to satisfy the
Group 1 criteria, the EPA does not believe it is unreasonable to
require an additional control device to achieve the specified percent
reduction of the nonepoxide emissions.
H. Worst-Case Testing Requirements
The proposed rule required that performance tests for process vents
be conducted during worst-case operating conditions for the process.
Four commenters requested that this requirement be deleted from the
rule.
Worst-case testing requirements were not deleted from the final
rule, but were revised. The EPA's reason for requiring compliance
testing under worst-case conditions is so that the reduction efficiency
of the control device is documented under the most challenging
conditions for that control device, especially since commenters noted
how difficult it is to represent a typical venting episode. The phrase
``worst-case'' in the proposed rule referred to the operating
conditions of the process (or PMPU). The worst-case testing requirement
has been revised to require testing during the worst-case conditions
with respect to the combustion, recovery, or recapture (i.e., control)
device.
Presumably, the control device should function as well or better
under conditions that are not as challenging. By revising the rule to
require testing during the worst-case conditions with respect to the
control device, continuous monitoring of operating parameters
established during the test provides a reasonable measure of continuous
compliance with the efficiency requirement under all conditions.
The commenters asserted that there is no obvious technological
difference that would require a different approach to performance
testing in this rule from other regulations that have allowed
performance tests during representative operating conditions. The EPA
disagrees with the commenters' rationale. The EPA believes that there
are obvious technological differences from the polyether polyols
industry to industries previously regulated (particularly SOCMI type
industries) since polyether polyols are produced on a batch basis.
There is much more variance in the process vent parameters (i.e., flow
and concentration) for process vent streams from batch unit operations,
compared to process vents from continuous unit operations. In fact,
this point was stressed by commenters. The EPA believes that it is more
appropriate to compare the requirements of this rule with other rules
that also regulate industries that operate on a batch basis. For this
rule, the EPA not only compared the worst-case testing conditions with
other rules regulating batch processes, but adopted similar language to
that which is contained in the Pharmaceutical Production NESHAP (40 CFR
part 63, subpart GGG).
The EPA would like to clarify a misconception related to these
worst-case testing provisions. It is not the intent that production
schedules be significantly altered, or that impractical scenarios be
created for testing that would never occur in actual production. In
other words, the EPA intends that testing be conducted for the worst-
case situation that can reasonably be expected to occur during normal
production. In order to clarify this intent, the EPA has added language
in Sec. 63.1438, the general testing section of the rule. This new
language specifies that absolute worst case testing conditions does not
include situations that could cause damage to equipment, situations
that necessitate that the owner or operator make products that do not
meet an existing specification for sale to a customer, or situations
that necessitate that the owner or operator make products in excess of
demand.
The added language in Sec. 63.1438 also specifies the time period
in which the worst-case conditions are to be determined. This time
period is either the 6-month period that ends 2 months before the
Notification of Compliance Status is due, or the 6-month period that
begins 3 months before the performance test and ends 3 months after the
performance test. By limiting the worst-case conditions to one of these
6-month periods, the rule eliminates the need for an owner or operator
to consider endless possible production scenarios, and allows them to
focus on those production scenarios in the 6-month period selected by
the owner or operator.
In conclusion, the EPA believes that requiring that performance
tests for process vents from batch unit operations during absolute
worst-case conditions is necessary to ensure that the emission
limitations in the rule are achieved. The EPA also believes that, with
the modifications to the rule made after proposal, that the worst-case
provisions are reasonable and workable for the polyether polyols
industry.
I. Engineering Calculations as an Alternative to Performance Testing
Three commenters voiced concern over the feasibility, accuracy,
expense, and safety of measuring emissions from process vents from
batch unit operations. The commenters stated that a performance test on
these short duration, variable vents is likely to be very inaccurate
and potentially dangerous. Two of the commenters recommended that a
material balance based on common engineering calculations should be
allowed in the final rule as a compliance demonstration option. The
commenters stated that engineering calculations would provide a more
accurate, less costly, and significantly safer means to verify
compliance.
The EPA recognizes that there are issues related to the
feasibility, accuracy, and expense of testing process vents from batch
unit operations. The EPA would refer readers to Section 7.3 of the
Batch ACT for a detailed discussion of these issues. However, the EPA
does believe that accurate emission tests can be conducted for these
process vents.
One reason that the EPA has historically required performance
testing for control devices that reduce emissions from process vents,
when engineering analyses are allowed for
[[Page 29433]]
other emission sources (such as storage vessels), is that emissions
from process vents are typically significantly larger than those from
other emission sources. When emissions are larger, the EPA believes
that it is important that the effectiveness of the control device be
accurately determined by a performance test.
Given that the magnitude of the emissions was a part of the basis
for requiring performance tests, the EPA believes that it is reasonable
to allow an alternative to performance testing for a process vent
control device if emissions being routed to the device are comparable
to the emissions that would be vented to control devices for other
emission sources for which performance tests are not required.
Therefore, the EPA decided that engineering assessments could be
allowed in lieu of performance testing for ``small'' control devices
that reduce HAP emissions from process vents. For the Pharmaceutical
Production NESHAP, the EPA also determined that it was appropriate to
allow engineering calculations as an alternative to performance testing
for small control devices, where a small control device is defined as
one with uncontrolled annual HAP emissions of less than 10 tons/yr (9.1
Mg/yr). The EPA believes that this level of uncontrolled emissions is
also appropriate to define a small control device for the polyether
polyols industry. Therefore, the final rule allows the use of a design
evaluation instead of a performance test if the control device receives
less than 10 tons/yr (9.1 Mg/yr) uncontrolled emissions from one or
more PMPUs.
The exemption from performance testing for small control devices
discussed above should help to alleviate some of the concerns raised by
the commenters. Many of the concerns related to the feasibility,
accuracy, and expense of testing these batch vents are due to the short
duration, variable nature of batch venting episodes. The EPA believes
that if a control device receives more than 10 tons/yr (9.1 Mg/yr) of
uncontrolled HAP emissions, it is likely that the vent streams being
routed to the device are of longer duration and less variable, thus
making it easier to conduct the performance test.
However, the EPA also recognizes that the small control device
exemption will not totally eliminate the concerns raised by the
commenters. Therefore, the EPA made other changes to the testing
requirements to address potential problems related to the testing of
batch process vents, which are briefly discussed below.
Since batch emission episodes can be less than 1 hour, the rule was
changed to specify that test runs be conducted for the complete
duration of the batch venting episode or 1 hour, whichever is less.
Other references to 1-hour periods were also removed.
The proposed rule required the use of Method 1 or 1A to select
sampling sites. Commenters claimed that, in many instances, neither
method would be appropriate for the batch vent streams. The rule was
restructured by separating the paragraph addressing the use of Method 1
or 1A for sample or velocity traverses from the paragraphs specifying
the sampling site location. In other words, if the owner or operator
conducts a sample or velocity traverse, the final rule requires that
Method 1 or 1A be used. However, it does not require that these methods
be used to select sampling sites.
With regard to the safety issue, the final rule states that, in
cases where it is imperative to limit any leakage of emissions into the
work atmosphere, a sampling port with a double seal should be installed
so that the probe can be inserted and removed without any leakage of
exhaust gas into the work atmosphere. Further, the final rule requires
that permanent sampling ports be installed at the inlet to the control
device during a period when it is most convenient (or least disruptive)
to shut the process down (e.g., during a scheduled maintenance outage).
In addition to these specific requirements, a general requirement was
added that allows owners or operators to eliminate potential testing
scenarios if the test could create a situation which could cause plant
or testing personnel to be subject to unsafe conditions.
In conclusion, the EPA acknowledges that issues exist with regard
to the testing of emissions from batch process units. Changes have been
made to the final rule to address these issues. However, the Agency
maintains that numerous other industries that utilize batch processes
are regulated by MACT standards, and are able to conduct performance
tests. The EPA believes that the commenters did not provide sufficient
rationale why the polyether polyols industry presents unique testing
problems that are not present in these other industries that utilize
batch processes. Therefore, the final rule requires that control
devices that receive more than 10 tons/yr (9.1 Mg/yr) of uncontrolled
organic HAP emissions conduct tests to demonstrate control device
performance.
J. Allowable Test Methods for Control Efficiency Determinations
The proposed rule required test Method 18 (40 CFR part 60, appendix
A), or any other method or data that have been validated according to
Method 301 (40 CFR part 63, appendix A) for control device efficiency
determinations. Three commenters noted that this requirement was
inconsistent with the test methods used by the facility whose data
established the new source MACT floor for epoxide process vent
emissions (Method 25A of 40 CFR part 60, appendix A, was used). These
commenters also discussed the expense of Method 301 validations, and
noted that the proposed rule relied on Method 25A in other parts of the
rule (for wastewater), and that other rules (such as the Polymers and
Resins IV rule) allow Method 25A without Method 301 validation.
The EPA agrees that allowing of the use of Method 25A would provide
more flexibility, and potentially provide the opportunity for less
costly testing. However, the EPA believes that Method 25A should be
used only after an accurate response factor has been determined. The
importance of calibrating a flame ionization detector (FID) reading
obtained using Method 25A with respect to a certain compound
(adjustment by response factor) depends on how the Method will be used
to demonstrate compliance with the standard. In general, the EPA
believes that an accurate response factor is necessary in cases where
Method 25A is used to demonstrate control efficiency across a device
where the composition of the stream may change, or in situations where
multiple components, including non-HAP VOC, are present. Because the
relative proportion of organic compounds may change across the control
device, appropriate response factors are needed to accurately quantify
TOC at the inlet and outlet of a control device. In addition, the EPA
believes that owners and operators should have the opportunity to
demonstrate compliance at the outlet of a control device by measuring
20 ppmv TOC or less. Therefore, the final rule does allow the use of
Method 25A under certain conditions. The following describes the
choices of test methods allowed in the final rule: (1) Method 18 (40
CFR part 60, appendix A) to determine HAP concentration in any control
device efficiency determination; (2) Method 25 (40 CFR part 60,
appendix A) to determine total gaseous nonmethane organic concentration
for control efficiency determinations in combustion devices; (3) Method
25A (40 CFR part
[[Page 29434]]
60, appendix A) to determine the HAP or TOC concentration for control
device efficiency determinations under the conditions specified in
Method 25 (40 CFR part 60, appendix A) for direct measurement of an
effluent with a flame ionization detector, or in demonstrating
compliance with the 20 ppmv TOC outlet standard. As an alternative, any
other method or data that have been validated according to the
applicable procedures in Method 301 (40 CFR part 63, appendix A) may be
used.
K. Site-Specific Onset of Extended Cookout
In the proposed rule, the EPA recognized that extended cookout, or
ECO, is a pollution prevention alternative used by some polyether
polyols producers to reduce epoxide emissions. The proposed rule
required that owners or operators of existing sources using ECO achieve
the same 98 percent emission reduction (99.9 percent for new sources)
that was required for owners or operators using combustion, recovery,
or recapture devices. In order to demonstrate a percent efficiency, it
was necessary to designate the basis, or the ``uncontrolled''
emissions, for assessing the percent reduction. The point where
uncontrolled emissions were to be assessed, called the ``onset'' of the
ECO, was defined in the proposed rule as the point when the epoxide
concentration in the reactor liquid is equal to 25 percent of the
concentration of epoxide in the liquid at the end of the epoxide feed.
Commenters supported this default ECO onset, and it has been retained
in the final rule.
In addition to using this ``default'' definition of the ECO onset,
the proposed rule allowed owners and operators the option of defining
the onset of the ECO for their specific process, at another point. The
factors required to allow an owner or operator to set a site-specific
ECO onset were the profit variable margin (the difference between
variable costs (raw materials and energy) of the product and the cost
of the raw material). One commenter objected to allowing the
establishment of a site-specific ECO onset based on economics, stating
that economics can be subjective, making it easy to demonstrate a 98-
percent emission reduction.
A late submittal from one commenter challenged the first
commenter's argument that the onset of ECO is subjective, noting that
one of the pieces of economic information, the price of the raw
material, comes from the Chemical Market Reporter. However, the other
variable in defining the onset of ECO, the product variable margin and
the selling price, was the variable that provoked the original
commenter's concern. In fact, the commenter providing the late comment
stated that the product variable margin has ``a much stronger
correlation between product profitability and the economic onset of
ECO.''
Due to the subjectivity of the product variable margin, and the
strong correlation between the product variable margin and the ECO
onset, the EPA agreed with the first commenter. The EPA revised the
final rule, removing the option of setting site-specific ECO onsets.
Allowing the determination of a site-specific ECO onset is not
consistent with the concept of MACT, since, given the subjectivity of
this approach, it could effectively result in different levels of
control for facilities in the same source category.
L. Parameter Monitoring Excursion Definitions
As a result of public comments, the EPA decided to restructure and
expand the sections associated with parameter monitoring excursions in
order to simplify and clarify these provisions in subpart PPP. The goal
of these revisions was to include all of the necessary information
about excursions and compliance in one location.
At proposal, the definitions of excursions and the statement that
owners and operators were out of compliance for each parameter
monitoring excursion were located in separate paragraphs. In the final
rule, these concepts are combined into the same paragraph
(Sec. 63.1438(f)).
Basically, there are two ways for excursions to occur. The first is
if the average parameter value measured is above a maximum, or below a
minimum, established value. The second is if insufficient monitoring
data are collected. Revisions were made for both of these instances.
Provisions were added specifying that monitoring data recorded
during start-ups, shutdowns, and malfunctions, and during periods of
non-operation of the affected source (or portion thereof) are not to be
included in any average computed. In addition, the EPA has added
paragraphs that describe the periods that are not to be included when
determining the period of control or recovery device operation, for
purposes of determining whether sufficient monitoring data were
collected. Under the new provisions, the following periods are not to
be used when determining if sufficient monitoring data are available
for the owner or operator to avoid having an excursion: periods of
monitoring system breakdowns, repairs, calibration checks, and zero
(low-level) and high-level adjustments; start-ups; shutdowns;
malfunctions; and periods of non-operation of the affected source that
result in the cessation of emissions to which the monitoring applies.
M. Monitoring During Start-ups, Shutdowns, and Malfunctions
The proposed rule required that monitoring data be collected during
periods of start-up, shutdown, or malfunction (SSM). Commenters
requested that the EPA allow a provision for ceasing to collect
monitoring data at a particular control device if operating that
monitoring device during periods of SSM would damage the monitoring
device. The EPA revised the final rule to allow the owner or operator
to cease collecting monitoring data if the owner or operator has
illustrated that the monitoring device would be damaged or destroyed if
it were not shut down during the SSM period. Such a provision must be
included in the Start-up, Shutdown, and Malfunction Plan. Getting such
a provision in the Start-up, Shutdown, and Malfunction Plan is
accomplished by submitting a request, and rationale defending the
request, in the Precompliance Report or in a supplement to the
Precompliance Report.
N. Process Vent Control Requirement for Epoxide Emissions From New
Sources
A major issue raised in the public comments that did not result in
a rule change was related to the new source limitation for process vent
epoxide emissions. The proposed rule included a requirement that
epoxide emissions from process vents at new affected sources be reduced
by 99.9 percent or greater. Several commenters objected to this
requirement, and provided numerous reasons supporting their objections.
Most of these reasons were related to the facility identified by the
EPA as the ``best performing facility,'' upon which this new source
limitation was based. The commenters felt that this facility was not
representative of the industry, and that a separate subcategory should
be created for this facility. The commenters also pointed out that
there were inconsistencies between the test methods used by this best
performing facility to verify their epoxide emission reduction and the
test methods that were contained in the proposed rule. Further, the
commenters stated that the 99.9 percent limitation would force new
sources to utilize combustion technology, which would
[[Page 29435]]
increase criteria pollutants and create potential safety hazards.
The EPA spent a great deal of time evaluating all aspects of this
issue. The EPA concluded that the available data do not support the
assertion that the polyether polyols source category should be
subcategorized in the manner suggested by the commenters. Also, the
fact that specific test data (which were analyzed in detail by the
Agency) are available for this facility and that permit conditions are
in place requiring compliance at the 99.9 percent level leaves the
Agency little latitude in establishing new source MACT at a less
stringent level. Discussion of each of the individual points raised by
commenters is provided below.
1. Subcategorization
As noted above, several commenters stated their belief that the
facility that formed the basis for the 99.9 percent new source epoxide
emission requirement was not representative of the industry, and that a
separate subcategory should be created for this facility. The
commenters discussed three characteristics of this facility to support
this assertion. The first was the method of operation. The other two
were the facility's size and the fact that the facility utilized two
incinerators.
By ``method of operation,'' commenters were referring to the
venting method employed during the reaction phase of the production
process. The commenters stated that the best performing facility is not
a similar source, due to the fact that the reactor vents during the
epoxide feed step of the reaction. The commenters claimed that such an
operation would send high concentrations of epoxides to the control
device as a continuous or semi-continuous stream, resulting in an
artificially high destruction efficiency (compared to a facility that
does not vent unreacted epoxides continuously).
Prior to the development of the proposed rule, the EPA understood
the technical merits of this argument, but did not have sufficient data
to allow a comparison of the venting and emission characteristics of
this facility with other polyether polyols production facilities.
Therefore, the EPA requested additional data in order to conclude
whether or not subcategorization was warranted on this basis.
Therefore, the preamble to the proposed rule stated this data need and
specifically requested facility-specific information, in order to allow
for further evaluation of this issue (62 FR 46814).
In response to this request, one commenter presented a comparison
of uncontrolled and controlled epoxide emissions for a facility owned
by the commenter that does not vent during the epoxide feed (i.e., a
``nonvented'' facility) with the best controlled facility, which does
vent during the epoxide feed (i.e., ``vented''). Another commenter
provided a comparison of two facilities owned by the same company that
were reported to be similar in most aspects, except with respect to
when the facility vents the reactor (one was vented and one was
nonvented). In addition, one commenter presented a hypothetical
comparison between a venting facility and a nonventing facility. All of
these comparisons led to conclusions by these commenters that
uncontrolled emissions at vented facilities are much higher than
uncontrolled emissions at nonvented facilities, which would give vented
facilities an unfair advantage in achieving a higher epoxide emission
reduction.
The EPA appreciated these comparisons. However, several
inconsistencies and assumptions were identified that caused the Agency
to conclude that these comparisons do not, independently, provide a
sufficient basis for subcategorizing the polyether polyols source
category into vented and nonvented subcategories. Some of EPA's
concerns with these comparisons are discussed below.
With regard to the comparison of an actual facility with the best
performing facility, the EPA found that the epoxide emission estimates
used for the best performing facility in the commenter's comparison
were drastically different from the emission data that were directly
submitted to the EPA by the best performing facility. Also, the
emission data from the commenter's facility had been updated from the
data originally submitted during an EPA plant site visit to that
facility. The estimates provided in the comments were lower than the
original estimates due to process improvements at the facility (that
were not related to the method of operation). The EPA conducted a
similar comparison of the uncontrolled epoxide emissions at these same
two facilities using the data originally submitted to the EPA by the
two companies. The results were not in accordance with those presented
by the commenter. In fact, the uncontrolled emission factor for the
commenter's facility was higher than the best controlled facility's
factor. Clearly, the analysis of the data available to the Agency does
not support this commenter's analysis.
The actual facility analysis conducted by a second commenter stated
that their analysis consisted of two facilities owned by the commenter
that were ``similarly sized units.'' However, the EPA found that the
production capacity for the nonvented reactor was larger than that for
the vented reactor, and the emissions were not adjusted accordingly.
Finally, the hypothetical analysis assumed that a water-cooled
condenser was used at the reactor vent. The EPA believes that the use
of more efficient refrigerated condensers, which would result in
considerably lower uncontrolled emissions, is more representative of
practice in the industry.
Given these and other inconsistencies in the facility comparisons
provided by commenters, the EPA could not conclude that
subcategorization was necessary.
No commenters submitted the facility-specific data that were
requested in the proposal preamble. Therefore, even if the examples
provided by the commenters had led to the conclusion that
subcategorization was warranted, the EPA did not have sufficient
facility information to allow a complete subcategorization evaluation.
However, the Agency still wanted to attempt to address the
commenters' concerns on this issue. Given the lack of facility-specific
data provided by the industry prior to proposal and during the public
comment period, the EPA conducted a brief telephone survey to inquire
specifically about the method of operation at polyether polyol
production facilities. Representatives from all the facilities in the
process vent database were called and asked to describe their method of
venting during epoxide feed. Of the facilities for which the EPA was
able to collect method-of-venting data, 24 percent (including the best-
controlled facility) reported venting during the epoxide feed step, and
76 percent reported that their facilities did not vent during the
epoxide feed step. Therefore, the EPA concluded that the manner of
operation of the best-controlled facility was not ``unique,'' as was
claimed by several of the commenters.
The EPA then sought to determine whether the different venting
modes during epoxide feed resulted in differences in the amount and
pattern of emissions and the achievable degree of emission reduction.
The EPA determined that using a facility's uncontrolled emission factor
(mass uncontrolled epoxide emissions per mass of polyol product
produced) was the best method of comparison, and calculated such a
factor for each facility for which sufficient information was
available. For the vented facilities, the median uncontrolled emission
factor
[[Page 29436]]
was 0.17 lb epoxide emissions per 1000 lb of product. The mean
uncontrolled emission factor was considered to be an inadequate measure
of central tendency, because the data points for vented facilities had
a widely varied distribution, with two orders of magnitude difference
between the ends of the range. For the nonvented facilities, the median
uncontrolled emission factor was 1.09. The commenters asserted that
uncontrolled epoxide emissions at vented facilities are considerably
higher than those at nonvented facilities. However, the results of the
EPA's analysis, based on the best information available, clearly do not
support this assertion, since the median uncontrolled emission factor
calculated for nonvented facilities is over six times higher than the
median uncontrolled emission factor for vented facilities.
In conclusion, based on all of the information available to the
Agency, the EPA was unable to determine a different emission trend
between the vented and nonvented groups from the data made available to
the Agency between proposal and promulgation. Therefore, the EPA did
not subcategorize the industry based on the method of operation.
The commenters' second rationale for supporting their claim that
the best-controlled facility is not a similar source was that the
facility's production capacity is many times that of other sources in
the source category. It is the EPA's policy (57 FR 31576; July 16,
1992) that subcategories, or subsets of similar emission sources within
a source category, be defined if technical differences in emissions
characteristics, processes, control device applicability, or
opportunities for pollution prevention exist within the source
category. The EPA does not believe that the fact that the best-
controlled facility has a larger production capacity satisfies any of
these criteria. Further, since one facility in the process vent
database has a capacity that is 83 percent of the best-controlled
facility's capacity, the EPA also disagrees that the production
capacity at the best-controlled facility is unusually large in
comparison to the rest of the source category.
The third argument given by the commenters to support their claim
that the best-controlled facility is not similar to other affected
sources was that this facility has two incinerators, and that no other
source uses incineration. The EPA disagrees with the commenters' claim
that the best-controlled facility is the only source using an
incinerator to control epoxide emissions, since there is another
facility in the database that also uses incineration. Further, the fact
that a source has a better control than all other facilities in the
source category through the use of one or more incinerators is not a
sufficient basis for asserting that the source should be
subcategorized. The purpose of MACT is to ensure that regulated sources
meet the control standards achieved by the best performing sources in
the category. Subcategorization on the basis of the control technology
utilized would undermine the very concept of MACT.
In addition to the evaluation of the individual points raised by
commenters, the EPA also considered whether these characteristics of
the best-controlled facility collectively form a basis for
subcategorization. The EPA concluded that, based on the facility-
specific process, emissions, and emissions control information provided
to the Agency by the polyether polyol industry, a separate subcategory
should not be created solely for the best-controlled facility.
2. Inconsistency in Test Methods
An additional concern raised by two commenters was that the data
from the best-controlled facility do not support the new source
standard because the Agency used information from the State permit and
its corresponding performance test reports as data for the best-
controlled facility. The commenters claimed that these data were
submitted to the State agency to demonstrate compliance with permit
emission limitations for VOC, not HAP, and to document that the
incinerators were meeting the required VOC destruction efficiency. They
noted that there are several significant inconsistences between the
test methods used and the methods required in the proposed standards.
The EPA disagrees with the commenters' statement that the data from
the best-controlled facility do not support the new source standard
because the performance test was conducted to determine VOC destruction
efficiency instead of epoxide emission destruction efficiency, and that
the permit conditions are specific to VOC. The primary pollutant in the
stream was propylene oxide (PO), and this is the pollutant for which
Method 18, at the inlet of the incinerator, and Method 25A, at the
outlet of the incinerator, were calibrated during the test at the best-
controlled facility. Therefore, even though the test and permit cite
VOC destruction efficiency, it is clear that it is the destruction of
PO that was tested and regulated at the best-controlled facility. The
commenters' concerns about inconsistencies between the test reports and
the proposed standards was discussed in greater detail earlier in this
document, in relation to the changes to the test method requirements.
3. Increase in Criteria Pollutant Emissions
Two commenters explained that the combustion technology utilized by
the best-controlled facility (which would be necessary to meet the 99.9
percent requirement) results in an increase in criteria pollutants,
which were not included in EPA's MACT floor analysis, while alternative
control technologies, such as scrubbers or ECO, would be expected to
cause significantly lower nitrogen oxides (NOX) emissions.
The EPA is aware that incineration has secondary criteria pollutant
emissions. However, MACT floor decisions, under the Clean Air Act, are
based on the reduction of HAP emissions, and not on their secondary
impacts. The EPA also realizes that an increase in criteria pollutants
could trigger Prevention of Significant Deterioration (PSD) and/or New
Source Review (NSR). The EPA has addressed this issue in previous
NESHAP, by referring to a July 1, 1994 guidance memorandum issued by
the EPA (available on the Technology Transfer Network; see ``Pollution
Control Projects (PCP) and NSR Applicability'' from John S. Seitz,
Director, Office of Air Quality Planning and Standards to EPA Regional
Air Division Directors). In that memorandum, the EPA provided guidance
for permitting authorities regarding their ability to approve the PCP
exemptions (from PSD review and major NSR) for source categories other
than electric utilities that use add-on controls and switching to less-
polluting fuels to reduce emissions of toxic pollutants. In the July 1,
1994 guidance memorandum, the EPA specifically identified the
combustion of organic toxic pollutants as an example of an add-on
control that could be considered a PCP and an appropriate candidate for
a case-by-case exclusion from major NSR. The EPA is alert to potential
NSR conflicts and feels that this memorandum will alleviate most NSR/
PSD review concerns. In the event that it will not, the EPA will
attempt to create implementation flexibility on a case-by-case basis.
4. Safety Concerns
The commenters claimed that the EPA has failed to account for
potential process safety considerations associated with the combustion
of ethylene oxide (EO). The safety issues of incineration of epoxides
were adequately addressed at
[[Page 29437]]
the best-controlled facility and the other facility in the database
that has incineration. Therefore, the EPA did not find these reasons to
be sufficient to justify eliminating the data from the best-controlled
facility when determining the MACT floor for new sources.
VII. Administrative Requirements
A. Docket
The docket is an organized and complete file of all the information
submitted to or otherwise considered by the EPA in the development of
the final standards. The principal purposes of the docket are:
(1) To allow interested parties to readily identify and locate
documents so that they can intelligently and effectively participate in
the rulemaking process; and
(2) To serve as the record in case of judicial review (except for
interagency review materials (section 307(d)(7)(A))).
B. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in
standards 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 entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The EPA has determined that this rule does not meet any of the
criteria enumerated above and therefore, does not constitute a
``significant regulatory action'' under the terms of Executive Order
12866.
C. Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that the EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency 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 Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This final rule falls into that
category only in part: The minimum rule stringency is set according to
a congressionally-mandated, technology-based lower limit called the
``floor,'' while a decision to increase the stringency beyond this
floor can be based on risk considerations. Only to the extent that the
Agency may consider the inherent toxicity of a regulated pollutant, and
any differential impact such a pollutant may have on children's health,
in deciding whether to adopt control requirements more stringent than
the floor level.
This final rule is not subject to Executive Order 13045 because it
is not economically significant as defined in Executive Order 12866. No
children's risk analysis was performed for this rulemaking because no
alternative technologies exist that would provide greater stringency at
a reasonable cost, and therefore the results of any such analysis would
have no impact on the stringency decision.
D. Paperwork Reduction Act
The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1811.02) and a copy may be obtained from Sandy Farmer by mail
at OP Regulatory Information Division; U.S. Environmental Protection
Agency (2137); 401 M St., SW.; Washington, DC 20460, by email at
farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also be
downloaded off the internet at http://www.epa.gov/icr. The information
requirements are not effective until OMB approves them.
The public recordkeeping and reporting burden for this collection
of information is estimated to average 1,046 hours per respondent for
the first year and 162 hours for each of the second and third years
(following promulgation of the rule). Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
E. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule. The
EPA has also determined that this rule will not have a significant
adverse economic impact on a substantial number of small businesses.
Consistent with Small Business Administrative (SBA) size standards, a
polyether polyols producing firm is classified as a small entity if it
has less than 750 employees and is unaffiliated with a larger domestic
entity. Based upon this standard, 7 of the 36 polyether polyol
producing firms are classified as small entities (i.e., having fewer
than 750 employees). The EPA determined that none of these seven small
entities will experience an increase in costs as a result of the
promulgation of today's rule that is greater than one percent of
revenues. This does not qualify as a significant economic impact on a
substantial number of small businesses.
F. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides
[[Page 29438]]
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. The EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. Sec. 804(2).
G. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, most cost-effective
or least burdensome alternative that achieves the objectives of the
rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows the EPA
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in aggregate, or the private
sector in any 1 year, nor does the rule significantly or uniquely
impact small governments, because it contains no requirements that
apply to such governments or impose obligations upon them. Thus, the
requirements of the UMRA do not apply to this rule.
H. Executive Order 12875
Under Executive Order 12875, 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 EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires 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 rule implements requirements specifically set forth by the
Congress in section 112 of the CAA 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.
I. Executive Order 13084
Under Executive Order 13084, 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
costs incurred by the tribal governments, or EPA consults those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of 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 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 does not significantly or uniquely affect the
communities of Indian tribal governments. The rule does not affect
these entities because they do no own or operate sources subject to
this rule and therefore are not required to purchase control systems to
meet the requirements of this rule. Accordingly, the requirements of
section 3(b) of Executive Order 13084 do not apply to this rule.
J. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA), Pub. L. 104-113 (March 7, 1996), directs all Federal
agencies to use voluntary consensus standards in regulatory and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impracticable. Voluntary consensus
standards are technical standards (e.g., materials specifications, test
methods, sampling procedures, and business practices) developed or
adopted by one or more voluntary consensus bodies. The NTTAA requires
Federal agencies to provide Congress, through annual reports to OMB,
with explanations when an agency does not use available and applicable
voluntary consensus standards. This section summarizes the EPA's
response to the requirements of the NTTAA for the analytical and test
methods to be required by this final rule.
Consistent with the NTTAA, the EPA conducted a search to identify
voluntary consensus standards. The search identified 15 voluntary
consensus standards that appeared to have possible use in lieu of EPA
standard reference methods in this rule. However, after reviewing
available standards, EPA determined that eight of the candidate
consensus standards identified for measuring emissions of the HAP or
surrogates subject to emission standards in the rule would not be
practical due to lack of equivalency, documentation, validation data or
other important technical and policy considerations. Seven of the
remaining candidate consensus standards are new standards under
development that EPA plans to follow, review and consider adopting at a
later date.
[[Page 29439]]
One consensus standard, ASTM Z7420Z, is potentially practical for
EPA use in lieu of EPA Method 18 (See 40 CFR part 60, appendix A). At
the time of EPA's search, the ASTM standard was still under development
and EPA had provided comments on the method. The EPA also compared a
draft of this ASTM standard to methods previously approved as
alternatives to EPA Method 18 with specific applicability limitations.
These methods, designated as ALT-017 and CTM-028, are available through
EPA's Emission Measurement Center Internet site at www.epa.gov/ttn/emc/
tmethods.html. The proposed ASTM Z7420Z standard is very similar to
these approved alternative methods. When finalized and adopted by ASTM,
the standard may be equally suitable for specific applications.
However, today's rule does not adopt the ASTM standard at this time as
it is not practical to do so until the potential candidate is final and
EPA has reviewed the final standard. The EPA plans to continue to
follow the progress of the standard and will consider adopting the ASTM
standard at a later date.
This rule requires standard EPA methods known to the industry and
States. Approved alternative methods also may be used with prior EPA
approval.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: May 12, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 63 of title 40,
chapter I of the Code of Federal Regulations is amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR AFFECTED SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et. seq.
2. Part 63 is amended by adding subpart PPP to read as follows:
Subpart PPP--National Emission Standards for Hazardous Air Pollutant
Emissions for Polyether Polyols Production
Sec.
63.1420 Applicability and designation of affected sources.
63.1421 Delegation of authority.
63.1422 Compliance dates and relationship of this rule to existing
applicable rules.
63.1423 Definitions.
63.1424 Emission standards.
63.1425 Process vent control requirements.
63.1426 Process vent requirements for determining organic HAP
concentration, control efficiency, and aggregated organic HAP
emission reduction for a PMPU.
63.1427 Process vent requirements for processes using extended
cookout as an epoxide emission reduction technique.
63.1428 Process vent requirements for group determination of PMPUs
using a nonepoxide organic HAP to make or modify the product.
63.1429 Process vent monitoring requirements.
63.1430 Process vent reporting and recordkeeping requirements.
63.1431 Process vent annual epoxides emission factor plan
requirements.
63.1432 Storage vessel provisions.
63.1433 Wastewater provisions.
63.1434 Equipment leak provisions.
63.1435 Heat exchanger provisions.
63.1436 [Reserved]
63.1437 Additional requirements for performance testing.
63.1438 Parameter monitoring levels and excursions.
63.1439 General recordkeeping and reporting provisions.
Table 1 to Subpart PPP of Part 63--APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART PPP AFFECTED SOURCES
Table 2 to Subpart PPP of Part 63--APPLICABILITY OF SUBPARTS F, G,
H, AND U TO SUBPART PPP AFFECTED SOURCES
Table 3 to Subpart PPP of Part 63--GROUP 1 STORAGE VESSELS AT
EXISTING AND NEW AFFECTED SOURCES
Table 4 to Subpart PPP of Part 63--KNOWN ORGANIC HAP FROM POLYETHER
POLYOL PRODUCTS
Table 5 to Subpart PPP of Part 63--PROCESS VENTS FROM BATCH UNIT
OPERATIONS--MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS
Table 6 to Subpart PPP of Part 63--PROCESS VENTS FROM CONTINUOUS
UNIT OPERATIONS--MONITORING, RECORDKEEPING, AND REPORTING
REQUIREMENTS
Table 7 to Subpart PPP of Part 63--OPERATING PARAMETERS FOR WHICH
MONITORING LEVELS ARE REQUIRED TO BE ESTABLISHED FOR PROCESS VENTS
STREAMS
Table 8 to Subpart PPP of Part 63--ROUTINE REPORTS REQUIRED BY THIS
SUBPART
Subpart PPP--National Emission Standards for Hazardous Air
Pollutant Emissions for Polyether Polyols Production
Sec. 63.1420 Applicability and designation of affected sources.
(a) Definition of affected source. The provisions of this subpart
apply to each affected source. Affected sources are described in
paragraphs (a)(1) through (4) of this section.
(1) An affected source is either an existing affected source or a
new affected source. Existing affected source is defined in paragraph
(a)(2) of this section, and new affected source is defined in paragraph
(a)(3) of this section.
(2) An existing affected source is defined as the group of one or
more polyether polyol manufacturing process units (PMPUs) and
associated equipment, as listed in paragraph (a)(4) of this section,
that is not part of a new affected source, as defined in paragraph
(a)(3) of this section, and that is located at a plant site that is a
major source.
(3) A new affected source is defined as a source that meets the
criteria of paragraph (a)(3)(i), (ii), or (iii) of this section. The
situation described in paragraph (a)(3)(i) of this section is distinct
from those situations described in paragraphs (a)(3)(ii) and (iii) of
this section.
(i) At a site without organic HAP emission points before September
4, 1997 (i.e., a ``greenfield'' site), the group of one or more PMPUs
and associated equipment, as listed in paragraph (a)(4) of this
section, that is part of a major source, and on which construction for
the PMPU(s) commenced after September 4, 1997;
(ii) The group of one or more PMPUs meeting the criteria in
paragraph (g)(1)(i) of this section; or
(iii) A reconstructed affected source meeting the criteria in
paragraph (g)(2)(i) of this section.
(4) The affected source also includes the emission points and
equipment specified in paragraphs (a)(4)(i) through (vi) of this
section that are associated with a PMPU (or a group of PMPUs) making up
an affected source, as defined in Sec. 63.1423.
(i) Each waste management unit.
(ii) Maintenance wastewater.
(iii) Each heat exchange system.
(iv) Equipment required by or utilized as a method of compliance
with this subpart which may include control techniques and recovery
devices.
(v) Product finishing operation.
(vi) Each feed or catalyst operation.
(b) PMPUs without organic HAP. The owner or operator of a PMPU that
is part of an affected source, as defined in paragraph (a) of this
section, but that does not use or manufacture any organic HAP during
the production of one or more products is only subject to the
provisions of this subpart as specified in paragraph (b)(1) or (2) of
this section, as applicable. Products or raw material(s) containing
organic HAP as impurities
[[Page 29440]]
only are not considered organic HAP for the purposes of this paragraph.
(1) If an organic HAP is not used or manufactured in the production
of polyether polyols, the PMPU is not subject to any provisions of this
subpart, except that the owner or operator shall comply with either
paragraph (b)(1)(i) or (ii) of this section. The owner or operator is
not required to comply with the provisions of 40 CFR part 63, subpart A
(the General Provisions) for that PMPU.
(i) Retain information, data, and analyses used to document the
basis for the determination that the PMPU does not use or manufacture
any organic HAP. Types of information that could document this
determination include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
(ii) When requested by the Administrator, demonstrate that the PMPU
does not use or manufacture any organic HAP.
(2) If an organic HAP is used or manufactured in the production of
polyether polyols, but an organic HAP is not used in the production of
one or more products that are not polyether polyols, the PMPU is not
subject to any provision of this subpart other than paragraph (b)(1)(i)
or (ii) of this section during the production of the non-polyether
polyol products that do not use or manufacture any organic HAP.
(c) Emission points included in the affected source but not subject
to the provisions of this subpart. The affected source includes the
emission points listed in paragraphs (c)(1) through (12) of this
section, but these emission points are not subject to the requirements
of this subpart or the provisions of 40 CFR part 63, subpart A.
(1) Equipment that does not contain organic HAP or that contains
organic HAP as impurities only and is located at a PMPU that is part of
an affected source.
(2) Stormwater managed in segregated sewers.
(3) Water from fire-fighting and deluge systems in segregated
sewers.
(4) Spills.
(5) Water from safety showers.
(6) Water from testing of deluge systems.
(7) Water from testing of firefighting systems.
(8) Vessels that store and/or handle material that contains no
organic HAP or organic HAP as impurities only.
(9) Equipment that operates in organic HAP service for less than
300 hours during the calendar year.
(10) Loading racks, loading arms, or loading hoses that only
transfer liquids containing HAP as impurities.
(11) Loading racks, loading arms, or loading hoses that vapor
balance during all loading operations.
(12) Utility fluids, such as heat transfer fluids.
(d) Processes exempted from the affected source. The processes
specified in paragraphs (d)(1) through (3) of this section are not part
of the affected source and are exempted from the requirements of both
this subpart and subpart A of this part.
(1) Research and development facilities.
(2) Solvent reclamation, recovery, or recycling operations at
hazardous waste treatment, storage, and disposal facilities (TSDF)
requiring a permit under 40 CFR part 270 that are not part of a PMPU to
which this subpart applies.
(3) Reactions or processing that occur after the epoxide
polymerization is complete and after all catalyst removal steps, if
any, are complete.
(e) Primary product determination and applicability. An owner or
operator of a process unit that produces or plans to produce a
polyether polyol shall determine if the process unit is subject to this
subpart in accordance with this paragraph.
(1) Initial primary product determination. The owner or operator
shall initially determine the primary product of each process unit in
accordance with paragraphs (e)(1)(i) through (iii) of this section.
(i) If a process unit manufactures only one product, then that
product shall represent the primary product of the process unit.
(ii) If a process unit produces more than one intended product at
the same time, the primary product shall be determined in accordance
with paragraph (e)(1)(ii)(A) or (B) of this section.
(A) The product for which the process unit has the greatest annual
design capacity on a mass basis shall represent the primary product of
the process unit, or
(B) If a process unit has the same maximum annual design capacity
on a mass basis for two or more products and if one of those products
is a polyether polyol, then the polyether polyol shall represent the
primary product of the process unit.
(iii) If a process unit is designed and operated as a flexible
operation unit, the primary product shall be determined as specified in
paragraph (e)(1)(iii)(A) or (B) of this section based on the
anticipated operations for the 5 years following September 4, 1997 for
existing process units, or for the first year after the process unit
begins production of any product for the new process units. If
operations cannot be anticipated sufficiently to allow the
determination of the primary product for the specified period,
applicability shall be determined in accordance with paragraph (e)(2)
of this section.
(A) If the flexible operation unit will manufacture one product for
the greatest operating time over the specified 5-year period for
existing process units, or the specified 1-year period for new process
units, then that product shall represent the primary product of the
flexible operation unit.
(B) If the flexible operation unit will manufacture multiple
products equally based on operating time, then the product with the
greatest expected production on a mass basis over the specified 5-year
period for existing process units, or the specified 1-year period for
new process units shall represent the primary product of the flexible
operation unit.
(iv) If, according to paragraph (e)(1)(i), (ii), or (iii) of this
section, the primary product of a process unit is a polyether polyol,
then that process unit shall be designated as a PMPU. If the plant site
is a major source, that PMPU and associated equipment, as listed in
paragraph (a)(4) of this section, is either an affected source or part
of an affected source comprised of one or more other PMPUs and
associated equipment, as listed in paragraph (a)(4) of this section,
and subject to this subpart. If the primary product of a process unit
is not a polyether polyol, then that process unit is not a PMPU.
(2) Provisions if primary product cannot be determined. If the
primary product cannot be determined for a flexible operation unit in
accordance with paragraph (e)(1)(iii) of this section, applicability
shall be determined in accordance with this paragraph.
(i) If the owner or operator can determine that a polyether polyol
is not the primary product, then that flexible operation unit is not a
PMPU.
(ii) If the owner or operator cannot determine that a polyether
polyol is not the primary product as specified in paragraph (e)(2)(i)
of this section, applicability shall be determined in accordance with
paragraph (e)(2)(ii)(A) or (B) of this section.
(A) If the flexible operation unit is an existing process unit, the
flexible operation unit shall be designated as a PMPU if a polyether
polyol was produced for 5 percent or greater of the total operating
time of the flexible operation unit since September 4, 1997.
[[Page 29441]]
(B) If the flexible operation unit is a new process unit, the
flexible operation unit shall be designated as a PMPU if the owner or
operator anticipates that a polyether polyol will be manufactured in
the flexible operation unit at any time in the first year after the
date the unit begins production of any product.
(3) Annual applicability determination for non-PMPUs that have
produced a polyether polyol. Once per year beginning June 1, 2004 the
owner or operator of each flexible operation unit that is not
designated as a PMPU, but that has produced a polyether polyol at any
time in the preceding 5-year period or since the date that the unit
began production of any product, whichever is shorter, shall perform
the evaluation described in paragraphs (e)(3)(i) through (iii) of this
section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time over which the product was produced during the preceding 5-year
period.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
preceding 5-year period.
(iii) If the primary product identified in paragraph (e)(3)(ii) is
a polyether polyol, the flexible operation unit shall be designated as
a PMPU. The owner or operator shall notify the Administrator no later
than 45 days after determining that the flexible operation unit is a
PMPU, and shall comply with the requirements of this subpart in
accordance with paragraph (g)(1) of this section for the flexible
operation unit.
(4) Applicability determination for non-PMPUs that have not
produced a polyether polyol. The owner or operator that anticipates the
production of a polyether polyol in a process unit that is not
designated as a PMPU, and in which no polyether polyol products have
been produced in the previous 5-year period or since the date that the
process unit began production of any product, whichever is shorter,
shall use the procedures in paragraph (e)(1) or (2) of this section to
determine if the process unit is designated as a PMPU, with the
exception that for existing process units, owners or operators shall
project production for the 5 years following the date that the owner or
operator anticipates initiating the production of a polyether polyol,
instead of the 5 years following September 4, 1997. If the unit is
designated as a PMPU, the owner or operator shall comply in accordance
with paragraph (g)(1) of this section.
(5) Applicability of requirements for PMPUs that are flexible
operation units. The owner or operator of PMPUs that are flexible
operation units shall comply with the provisions of this subpart in
accordance with paragraphs (e)(5)(i) through (iii) of this section.
(i) Control requirements. The owner or operator shall comply with
the control requirements of this subpart in accordance with paragraphs
(e)(5)(i)(A) and (B) of this section.
(A) During periods when the PMPU produces polyether polyols, the
owner or operator shall comply with the provisions of this subpart.
(B) During periods when the PMPU produces products other than
polyether polyols, the owner or operator is not required to install
additional combustion, recovery, or recapture devices (to otherwise
demonstrate compliance). However, the owner or operator shall continue
to operate any existing combustion, recovery, or recapture devices that
are required for compliance during the production of polyether polyols,
with the exceptions provided in paragraph (e)(5)(iv) of this section.
If extended cookout (ECO) is the control technique chosen for epoxide
emission reduction, then ECO or a control technique providing an
equivalent reduction in epoxide emissions should continue to be used
for epoxide emission reduction, if the non-polyether polyol being
produced uses epoxide monomers.
(ii) Monitoring requirements. The owner or operator shall comply
with the monitoring requirements of this subpart in accordance with
paragraphs (e)(5)(ii)(A) and (B) of this section, and paragraph
(e)(5)(ii)(C) of this section if applicable.
(A) The owner or operator shall establish a single parameter
monitoring level (for each parameter required to be monitored at each
device subject to monitoring requirements) in accordance with
Sec. 63.1438(a) based on emission point and control technique
characteristics when polyether polyol is being produced.
(B) The owner or operator shall monitor each parameter at each
device subject to monitoring requirements at all times (during periods
when the PMPU produces polyether polyols, and during periods when the
PMPU produces products other than polyether polyols), with the
exceptions provided in paragraph (e)(5)(iv) of this section.
(C) If ECO is used to reduce epoxide emissions, a parameter
monitoring level shall be established for the production of non-
polyether polyol products as the average of the established parameter
levels for all product classes produced. During periods when products
other than polyether polyols are produced, the ECO shall be performed
so that the parameter monitoring level established for the production
of non-polyether polyol products is maintained when the ECO is used as
a control technique.
(iii) Group determinations. For emission points where the owner or
operator is required to determine if the emission point is Group 1
according the definitions in Sec. 63.1423 (storage vessels, process
vents for nonepoxide organic HAP emissions used to make or modify the
product, and wastewater), the owner or operator shall determine the
group status based on emission point characteristics when polyether
polyol is being manufactured. Group 1 emission points shall be
controlled in accordance with paragraph (e)(5)(i) of this section.
(iv) Exceptions. During periods when products described in
paragraphs (e)(5)(iv)(A) and (B) of this section are produced, the
owner or operator is not required to comply with the provisions of this
subpart.
(A) Products in which no organic HAP is used or manufactured,
provided that the owner or operator comply with paragraph (b)(2) of
this section.
(B) Products that make the PMPU subject to 40 CFR part 63, subpart
GGG (Pharmaceuticals Production NESHAP).
(6) [Reserved]
(7) [Reserved]
(8) Requirements for process units that are not PMPUs. If it is
determined that a process unit is not subject to this subpart, the
owner or operator shall either retain all information, data, and
analysis used to document the basis for the determination that the
process unit is not a PMPU, or, when requested by the Administrator,
demonstrate that the process unit is not a PMPU.
(9) PMPUs terminating production of polyether polyols products. If
a PMPU terminates the production of polyether polyol and does not
anticipate the production of a polyether polyol in the future, the
process unit is no longer a PMPU and is not subject to this subpart
after notification is made to the Administrator. This notification
shall be accompanied by a rationale for why it is anticipated that no
polyether polyol will be produced in the process unit in the future.
(10) Redetermination of applicability to PMPUs that are flexible
operation units. Whenever changes in production occur that could
reasonably be expected to change the primary product of a PMPU that is
operating as a flexible operation unit from a polyether polyol to a
product that would make the process unit subject to another subpart of
this part, the owner or operator shall
[[Page 29442]]
reevaluate the primary product, in accordance with paragraphs (e)(3)(i)
and (ii) of this section. If the conditions in paragraphs (e)(10)(i)
through (iii) of this section are met, the flexible operation unit
shall no longer be designated as a PMPU after the compliance date of
the other subpart, and shall no longer be subject to the provisions of
this subpart after the date that the process unit is required to be in
compliance with the provisions of the other subpart. If the conditions
in paragraphs (e)(10)(i) through (iii) of this section are not met, the
flexible operation unit shall continue to be considered a PMPU and
subject to the requirements of this subpart.
(i) The product identified as the primary product is not polyether
polyol;
(ii) The production of the product identified as the primary
product is subject to another subpart of this part; and
(iii) The owner or operator submits a notification to the
Administrator of the pending change in applicability.
(f) Storage vessel ownership determination. The owner or operator
shall follow the procedures specified in paragraphs (f)(1) through (7)
of this section to determine to which process unit a storage vessel
shall be assigned.
(1) If a storage vessel is already subject to another subpart of 40
CFR part 63 (National Emission Standards for Hazardous Air Pollutants
for Source Categories) on June 1, 1999, that storage vessel shall be
assigned to the process unit subject to the other subpart, and none of
the other provisions in this subpart shall apply to that storage
vessel.
(2) If a storage vessel is dedicated to a single process unit, the
storage vessel shall be assigned to that process unit.
(3) If a storage vessel is shared among process units, then the
storage vessel shall be assigned to that process unit located on the
same plant site as the storage vessel that has the greatest input into
or output from the storage vessel (i.e., the process unit that has the
predominant use of the storage vessel.)
(4) If predominant use cannot be determined for a storage vessel
that is shared among process units and if only one of those process
units is a PMPU subject to this subpart, the storage vessel shall be
assigned to that PMPU.
(5) If predominant use cannot be determined for a storage vessel
that is shared among process units and if more than one of the process
units are PMPUs that have different primary products and that are
subject to this subpart, then the owner or operator shall assign the
storage vessel to any one of the PMPUs sharing the storage vessel.
(6) If the predominant use of a storage vessel varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding June 1, 1999 or based on the
expected utilization for the 5 years following June 1, 1999 for
existing affected sources, whichever is more representative of the
expected operations for that storage vessel, and based on the expected
utilization for the 5 years after initial start-up for new affected
sources. The determination of predominant use shall be reported in the
Notification of Compliance Status, as required by
Sec. 63.1439(e)(5)(v).
(7) Where a storage vessel is located at a major source that
includes one or more process units which place material into or receive
material from the storage vessel, but the storage vessel is located in
a tank farm (including a marine tank farm), the applicability of this
subpart shall be determined according to the provisions in paragraphs
(f)(7)(i) through (iv) of this section.
(i) The storage vessel may only be assigned to a process unit that
utilizes the storage vessel and does not have an intervening storage
vessel for that product (or raw materials, as appropriate). With
respect to any process unit, an intervening storage vessel means a
storage vessel connected by hard-piping to both the process unit and
the storage vessel in the tank farm so that product or raw material
entering or leaving the process unit flows into (or from) the
intervening storage vessel and does not flow directly into (or from)
the storage vessel in the tank farm.
(ii) If there is no process unit at the major source that meets the
criteria of paragraph (f)(7)(i) of this section with respect to a
storage vessel, this subpart does not apply to the storage vessel.
(iii) If there is only one process unit at the major source that
meets the criteria of paragraph (f)(7)(i) of this section with respect
to a storage vessel, the storage vessel shall be assigned to that
process unit.
(iv) If there are two or more process units at the major source
that meet the criteria of paragraph (f)(7)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to
one of those process units according to the provisions of paragraphs
(f)(3) through (6) of this section. The predominant use shall be
determined among only those process units that meet the criteria of
paragraph (f)(7)(i) of this section.
(8) If the storage vessel begins receiving material from (or
sending material to) a process unit that was not included in the
initial determination, or ceases to receive material from (or send
material to) a process unit that was included in the initial
determination, the owner or operator shall reevaluate the applicability
of this subpart to that storage vessel.
(g) Changes or additions to plant sites. The provisions of this
paragraph apply to the owner or operator that changes or adds to their
plant site or affected source.
(1) Adding a PMPU to a plant site. The provisions of paragraphs
(g)(1)(i) and (ii) of this section apply to the owner or operator that
adds one or more PMPUs to a plant site. A PMPU may be added to a plant
site by constructing or reconstructing a process unit to produce
polyether polyols. A PMPU may also be added to a plant site due to
changes in production (anticipated production or actual past
production) such that a polyether polyol becomes the primary product of
a process unit that was not previously a PMPU.
(i) If a group of one or more PMPUs is added to a plant site, the
added group of one or more PMPUs and their associated equipment, as
listed in paragraph (a)(4) of this section, shall be a new affected
source and shall comply with the requirements for a new affected source
in this subpart upon initial start-up or by June 1, 1999, whichever is
later, if the criteria specified in paragraph (g)(1)(i)(A) is met and
either the criteria in paragraph (g)(1)(i)(B) or (C) of this section
are met.
(A) The process units are new process units, as defined in
Sec. 63.1423.
(B) The added group of one or more PMPUs and associated equipment,
as listed in paragraph (a)(4) of this section, has the potential to
emit 10 tons per year (9.1 megagrams per year) or more of any organic
HAP or 25 tons per year (22.7 megagrams per year) or more of any
combination of organic HAP, and polyether polyols are currently
produced at the plant site as the primary product of an affected
source.
(C) A polyether polyol is not currently produced at the plant site
as the primary product of an affected source, and the plant site meets,
or after the addition is constructed will meet, the General Provisions'
definition of a major source in Sec. 63.2.
(ii) If a group of one or more PMPUs is added to a plant site, and
the added group of one or more PMPUs does not meet the criteria
specified in paragraph (g)(1)(i)(A) of this section and one of the
criteria specified in either paragraph (g)(1)(i)(B) or (C) of this
section, and the plant site meets, or after the addition will meet, the
definition of a major source, the owner or operator of the added group
of one or more PMPUs and associated equipment, as listed in
[[Page 29443]]
paragraph (a)(4) of this section, shall comply with the requirements
for an existing affected source in this subpart upon initial start-up;
by June 1, 2002; or by 6 months after notifying the Administrator that
a process unit has been designated as a PMPU (in accordance with
paragraph (g)(3) of this section), whichever is later.
(2) Adding emission points or making process changes to existing
affected sources. The provisions of paragraphs (g)(2)(i) and (ii) of
this section apply to the owner or operator that adds emission points
or makes process changes to an existing affected source.
(i) If any process change or addition is made to an existing
affected source that meets the criteria specified in paragraphs
(g)(2)(i)(A) and (B) of this section, the entire affected source shall
be a new affected source and shall comply with the requirements for a
new affected source in this subpart upon initial start-up or by June 1,
1999.
(A) It is a process change or addition that meets the definition of
reconstruction in Sec. 63.1423(b). For purposes of determining whether
the fixed capital cost of the new components exceeds 50 percent of the
fixed capital cost that would be required to construct an entire
affected source, the equivalent capital cost shall be the entire
potentially affected source; and
(B) Such reconstruction commenced after September 4, 1997.
(ii) If any process change is made or emission point is added to an
existing affected source, and the process change or addition does not
meet the criteria specified in paragraph (g)(2)(i)(A) of this section,
the resulting emission point(s) shall be subject to the requirements
for an existing affected source in this subpart. The resulting emission
point(s) shall be in compliance upon initial start-up or by the
appropriate compliance date specified in Sec. 63.1422 (i.e., December
1, 1999 for most equipment leak components, and June 1, 2002 for
emission points other than equipment leaks).
(3) Determining what are and are not process changes. For purposes
of paragraph (g) of this section, examples of process changes include,
but are not limited to, additions in process equipment resulting in
changes in production capacity; production of a product outside the
scope of the compliance demonstration; or whenever there is a
replacement, removal, or addition of recovery equipment. For purposes
of paragraph (g) of this section, process changes do not include:
Process upsets, unintentional temporary process changes, and changes
that are within the equipment configuration and operating conditions
documented in the Notification of Compliance Status report required by
Sec. 63.1439(e)(5).
(4) Reporting requirements for owners or operators that change or
add to their plant site or affected source. An owner or operator that
changes or adds to their plant site or affected source, as discussed in
paragraphs (g)(1) and (2) of this section, shall submit a report as
specified in Sec. 63.1439(e)(7)(ii).
(h) Applicability of this subpart during periods of start-up,
shutdown, malfunction, or non-operation. Paragraphs (h)(1) through (4)
of this section shall be followed during periods of start-up, shutdown,
malfunction, and non-operation of the affected source or any part
thereof.
(1) The emission limitations set forth in this subpart and the
emission limitations referred to in this subpart shall apply at all
times except during periods of non-operation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. These emission limitations shall not apply
during periods of start-up, shutdown, or malfunction, during which the
owner or operator shall follow the applicable provisions of the start-
up, shutdown, and malfunction plan required by Sec. 63.6(e)(3).
However, if a start-up, shutdown, malfunction, or period of non-
operation of one portion of an affected source does not affect the
ability of a particular emission point to comply with the emission
limitations to which it is subject, then that emission point shall
still be required to comply with the applicable emission limitations of
this subpart during the start-up, shutdown, malfunction, or period of
non-operation. For example, if there is an overpressure in the reactor
area, a storage vessel that is part of the affected source would still
be required to be controlled in accordance with the storage tank
provisions in Sec. 63.1432. Similarly, the degassing of a storage
vessel would not affect the ability of a process vent to meet the
emission limitations for process vents in Secs. 63.1425 through
63.1430.
(2) The emission limitations set forth in 40 CFR part 63, subpart
H, as referred to in the equipment leak provisions in Sec. 63.1434,
shall apply at all times except during periods of non-operation of the
affected source (or specific portion thereof) in which the lines are
drained and depressurized resulting in cessation of the emissions to
which Sec. 63.1434 applies, or during periods of start-up, shutdown,
malfunction, or process unit shutdown (as defined in Sec. 63.161).
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
periods of start-up, shutdown, or malfunction during times when
emissions (or, where applicable, wastewater streams or residuals) are
being routed to such items of equipment if the shutdown would
contravene requirements applicable to such items of equipment. This
paragraph does not apply if the item of equipment is malfunctioning.
This paragraph also does not apply if the owner or operator shuts down
the compliance equipment (other than monitoring systems) to avoid
damage due to a contemporaneous start-up, shutdown, or malfunction of
the affected source or portion thereof. If the owner or operator has
reason to believe that monitoring equipment would be damaged due to a
contemporaneous start-up, shutdown, or malfunction of the affected
source or portion thereof, the owner or operator shall provide
documentation supporting such a claim in the Precompliance Report or in
a supplement to the Precompliance Report, as provided for in
Sec. 63.1439(e)(4). Once approved by the Administrator in accordance
with Sec. 63.1439(e)(4)(vii), the provision for ceasing to collect,
during a start-up, shutdown, or malfunction, monitoring data that would
otherwise be required by the provisions of this subpart shall be
incorporated into the start-up, shutdown, malfunction plan for that
affected source, as stated in Sec. 63.1439(b)(1).
(4) During start-ups, shutdowns, and malfunctions when the emission
limitations of this subpart do not apply pursuant to paragraphs (h)(1)
through (3) of this section, the owner or operator shall implement, to
the extent reasonably available, measures to prevent or minimize excess
emissions to the extent practical. For purposes of this paragraph, the
term ``excess emissions'' means emissions in excess of those that would
have occurred if there were no start-up, shutdown, or malfunction and
the owner or operator complied with the relevant provisions of this
subpart. The measures to be taken shall be identified in the applicable
start-up, shutdown, and malfunction plan, and may include, but are not
limited to, air pollution control technologies, recovery technologies,
work practices, pollution prevention, monitoring, and/or changes in the
manner of operation of the affected source. Use of back-up control
techniques is not required, but is allowed, if available.
Sec. 63.1421 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under section 112(l) of the Act, the authorities
[[Page 29444]]
contained in paragraph (b) of this section shall be retained by the
Administrator and not transferred to a State.
(b) Authorities which will not be delegated to the States: the
permission to use an alternative means of emission limitation, from
Sec. 63.6(g), and the authority of Sec. 63.177.
Sec. 63.1422 Compliance dates and relationship of this rule to
existing applicable rules.
(a) [Reserved]
(b) New affected sources that commence construction or
reconstruction after September 4, 1997 shall be in compliance with this
subpart upon initial start-up or by June 1, 1999, whichever is later,
as provided in Sec. 63.6(b).
(c) Existing affected sources shall be in compliance with this
subpart (except for Sec. 63.1434 for which compliance is covered by
paragraph (d) of this section) no later than June 1, 2002, as provided
in Sec. 63.6(c), unless an extension has been granted as specified in
paragraph (e) of this section.
(d) Except as provided for in paragraphs (d)(1) through (5) of this
section, existing affected sources shall be in compliance with
Sec. 63.1434 no later than December 1, 1999 unless an extension has
been granted as specified in paragraph (e) of this section.
(1) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than June 1, 2000 for any compressor meeting one or more
of the criteria in paragraphs (d)(1)(i) through (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.
(iv) The compressor shall be modified to permit connecting the
compressor to a closed vent system.
(2) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than December 1, 2000, for any compressor meeting all
the criteria in paragraphs (d)(2)(i) through (iv) of this section.
(i) The compressor meets one or more of the criteria specified in
paragraphs (d)(1)(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 necessary, due to the unavailability
of parts beyond the control of the owner or operator.
(iv) The owner or operator submits the request for a compliance
extension to the appropriate U.S. Environmental Protection Agency
Regional Office at the addresses listed in Sec. 63.13 no later than 45
days before December 1, 1999. The request for a compliance extension
shall contain the information specified in Sec. 63.6(i)(6)(i)(A), (B),
and (D). Unless the EPA Regional Office objects to the request for a
compliance extension within 30 days after receipt of the request, the
request shall be deemed approved.
(3) If compliance with the compressor provisions of Sec. 63.164
cannot reasonably be achieved without a process unit shutdown, as
defined in Sec. 63.161, the owner or operator shall achieve compliance
no later than June 1, 2001. The owner or operator who elects to use
this provision shall submit a request for an extension of compliance in
accordance with the requirements of paragraph (d)(2)(iv) of this
section.
(4) Compliance with the compressor provisions of Sec. 63.164 shall
occur not later than June 1, 2002 for any compressor meeting one or
more of the criteria in paragraphs (d)(4)(i) through (iii) of this
section. The owner or operator who elects to use these provisions shall
submit a request for an extension of compliance in accordance with the
requirements of paragraph (d)(2)(iv) of this section.
(i) Compliance cannot be achieved without replacing the compressor.
(ii) Compliance cannot be achieved without recasting the distance
piece.
(iii) Design modifications are required to connect to a closed-vent
system.
(5) Compliance with the surge control vessel and bottoms receiver
provisions of Sec. 63.170 shall occur no later than June 1, 2002.
(e) Pursuant to section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the existing affected source
up to 1 additional year to comply with section 112(d) standards. For
purposes of this subpart, a request for an extension shall be submitted
to the permitting authority as part of the operating permit application
or to the Administrator as a separate submittal or as part of the
Precompliance Report. Requests for extensions shall be submitted no
later than 120 days prior to the compliance dates specified in
paragraphs (b) through (d) of this section, except as discussed in
paragraph (e)(3) of this section. The dates specified in Sec. 63.6(i)
for submittal of requests for extensions shall not apply to this
subpart.
(1) A request for an extension of compliance shall include the data
described in Sec. 63.6(i)(6)(i)(A), (B), and (D).
(2) The requirements in Sec. 63.6(i)(8) through (14) shall govern
the review and approval of requests for extensions of compliance with
this subpart.
(3) An owner or operator may submit a compliance extension request
after the date specified in paragraph (e) of this section, provided
that the need for the compliance extension arose after that date, and
the need arose due to circumstances beyond reasonable control of the
owner or operator. This request shall include, in addition to the
information specified in paragraph (e)(1) of this section, a statement
of the reasons additional time is needed and the date when the owner or
operator first learned of the problem.
(f) Table 1 of this subpart specifies the requirements in 40 CFR
part 63, subpart A (the General Provisions) that apply and those that
do not apply to owners and operators of affected sources subject to
this subpart. For the purposes of this subpart, Table 3 of 40 CFR part
63, subpart F is not applicable.
(g) Table 2 of this subpart summarizes the provisions of 40 CFR
part 63, subparts F, G, and H (collectively known as the ``HON'') that
apply and those that do not apply to owners and operators of affected
sources subject to this subpart.
(h)(1) After the compliance dates specified in this section, an
affected source subject to this subpart that is also subject to the
provisions of 40 CFR part 63, subpart I, is required to comply only
with the provisions of this subpart.
(2) Sources subject to the provisions in 40 CFR part 63, subpart I,
that have elected to comply through a quality improvement program, as
specified in Sec. 63.175 or Sec. 63.176 or both, may elect to continue
these programs without interruption as a means of complying with this
subpart. In other words, becoming subject to this subpart does not
restart or reset the ``compliance clock'' as it relates to reduced
burden earned through a quality improvement program.
(i) After the compliance dates specified in this section, a storage
vessel that is assigned to an affected source subject to this subpart
that is also subject to the 40 CFR part 60, subpart Kb (Standards of
Performance for Volatile Organic Liquid Storage Vessels (Including
Petroleum Liquid Storage Vessels) for Which Construction,
Reconstruction, or Modification Commenced after July 23, 1984) is
required to comply only with the provisions of this subpart. After the
compliance dates specified in this section, that storage vessel shall
no longer be subject to 40 CFR part 60, subpart Kb.
[[Page 29445]]
(j) After the compliance dates specified in this subpart, if any
combustion device, recovery device or recapture device subject to this
subpart is also subject to monitoring, recordkeeping, and reporting
requirements for hazardous waste, disposal, and treatment facilities in
40 CFR part 264, subpart AA (Air Emission Standards for Process Vents)
or subpart CC (Air Emission Standards for Tanks, Surface Impoundment,
and Containers), the owner or operator may comply with either paragraph
(j)(1) or (2) of this section. If, after the compliance dates specified
in this subpart, any combustion device, recovery device, or recapture
device subject to this subpart is subject to monitoring and
recordkeeping requirements hazardous waste treatment, storage, and
disposal facilities in 40 CFR part 265, subpart AA (Air Emission
Standards for Process Vents) or subpart CC (Air Emission Standards for
Tanks, Surface Impoundments, and Containers), the owner or operator may
comply with either paragraph (j)(1) or (3) of this section. If the
owner or operator elects to comply with either paragraph (j)(2) or (3)
of this section, the owner or operator shall notify the Administrator
of this choice in the Notification of Compliance Status required by
Sec. 63.1439(e)(5).
(1) The owner or operator shall comply with the monitoring,
recordkeeping and reporting requirements of this subpart.
(2) The owner or operator shall comply with the monitoring,
recordkeeping and reporting requirements in 40 CFR part 264, with the
following exception. All excursions, as defined in Sec. 63.1438(f),
shall be reported in the periodic report. Compliance with this
paragraph shall constitute compliance with the monitoring,
recordkeeping and reporting requirements of this subpart.
(3) The owner or operator shall comply with the monitoring and
recordkeeping requirements of 40 CFR part 265, subpart AA or subpart
CC, and the periodic reporting requirements under 40 CFR part 264,
subpart AA or subpart CC, that would apply to the device if the
facility had final-permitted status, with the following exception. All
excursions, as defined in Sec. 63.1438(f), shall be reported in the
periodic report. Compliance with this paragraph shall constitute
compliance with the monitoring, recordkeeping and reporting
requirements of this subpart.
(k) Paragraphs (k)(1) and (2) of this section address instances in
which requirements from other regulations overlap for the same heat
exchange system(s) or waste management unit(s) that are subject to this
subpart.
(1) After the applicable compliance date specified in this subpart,
if a heat exchange system subject to this subpart is also subject to a
standard identified in paragraph (k)(1)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraph (k)(1)(i) or (ii) shall constitute compliance with the
applicable provisions of this subpart with respect to that heat
exchange system.
(i) 40 CFR part 63, subpart F.
(ii) A subpart of this part which requires compliance with the HON
heat exchange system requirements in Sec. 63.104 (e.g., 40 CFR part 63,
subpart JJJ or U).
(2) After the applicable compliance date specified in this subpart,
if any waste management unit subject to this subpart is also subject to
a standard identified in paragraph (k)(2)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraph (k)(2)(i) or (ii) shall constitute compliance with the
applicable provisions of this subpart with respect to that waste
management unit.
(i) 40 CFR part 63, subpart G.
(ii) A subpart of this part which requires compliance with the HON
process wastewater provisions in Secs. 63.132 through 63.147 (e.g.,
subpart JJJ or U).
(l) All terms in this subpart that define a period of time for
completion of required tasks (e.g., monthly, quarterly, annual), unless
specified otherwise in the section or subsection that imposes the
requirement, refer to the standard calendar periods, unless altered by
mutual agreement between the owner or operator and the Administrator in
accordance with paragraph (l)(1) of this section.
(1) Notwithstanding time periods specified in this subpart for
completion of required tasks, such time periods may be changed by
mutual agreement between the owner or operator and the Administrator,
as specified in the General Provisions in 40 CFR part 63, subpart A
(e.g., a period could begin on the compliance date or another date,
rather than on the first day of the standard calendar period). For each
time period that is changed by agreement, the revised period shall
remain in effect until it is changed. A new request is not necessary
for each recurring period.
(2) Where the period specified for compliance is a standard
calendar period, if the initial compliance date occurs after the
beginning of the period, compliance shall be required according to the
schedule specified in paragraphs (l)(2)(i) or (ii) of this section, as
appropriate.
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remains at least 2 weeks for tasks that shall be performed monthly, at
least 1 month for tasks that shall be performed each quarter, or at
least 3 months for tasks that shall be performed annually; or
(ii) In all other cases, compliance shall be required before the
end of the first full standard calendar period after the period within
which the initial compliance deadline occurs.
(3) In all instances where a provision of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during the
specified period, provided that the task is conducted at a reasonable
interval after completion of the task during the previous period.
Sec. 63.1423 Definitions.
(a) The following terms used in this subpart shall have the meaning
given them in subparts A (Sec. 63.2), F (Sec. 63.101), G (Sec. 63.111),
and H (Sec. 63.161) as specified after each term:
Act (subpart A)
Administrator (subpart A)
Automated monitoring and recording system (subpart G)
Boiler (subpart G)
Bottoms receiver (subpart H)
By-product (subpart F)
Car-seal (subpart G)
Closed-vent system (subpart G)
Combustion device (subpart G)
Commenced (subpart A)
Compliance date (subpart A)
Continuous monitoring system (subpart A)
Emission standard (subpart A)
EPA (subpart A)
Equipment (subpart H)
Flow indicator (subpart G)
Fuel gas (subpart F)
Fuel gas system (subpart F)
Hard-piping (subpart G)
Heat exchange system (subpart F)
Impurity (subpart F)
Incinerator (subpart G)
Major source (subpart A)
Malfunction (subpart A)
Open-ended valve or line (subpart H)
Operating permit (subpart F)
Organic monitoring device (subpart G)
Owner or operator (subpart A)
Performance evaluation (subpart A)
Performance test (subpart A)
Permitting authority (subpart A)
Plant site (subpart F)
Potential to emit (subpart A)
Primary fuel (subpart G)
Process heater (subpart G)
Process unit shutdown (subpart H)
Reactor (subpart G)
Recapture device (subpart G)
Relief valve (subpart G)
[[Page 29446]]
Research and development facility (subpart F)
Run (subpart A)
Secondary fuel (subpart G)
Sensor (subpart H)
Specific gravity monitoring device (subpart G)
Start-up, shutdown, and malfunction plan (subpart F)
State (subpart A)
Surge control vessel (subpart H)
Temperature monitoring device (subpart G)
Test method (subpart A)
Total resource effectiveness index value (subpart G)
Treatment process (subpart G)
Visible emission (subpart A)
(b) All other terms used in this subpart shall have the meaning
given them in this section.
Annual average concentration, as used in conjunction with the
wastewater provisions, means the flow-weighted annual average
concentration and is determined by the procedures in Sec. 63.144(b),
except as provided in Sec. 63.1433(a)(2).
Annual average flow rate, as used in conjunction with the
wastewater provisions, is determined by the procedures in
Sec. 63.144(c).
Batch cycle means the step or steps, from start to finish, that
occur in a batch unit operation.
Batch unit operation means a unit operation involving intermittent
or discontinuous feed into equipment, and, in general, involves the
emptying of equipment after the batch cycle ceases and prior to
beginning a new batch cycle. Mass, temperature, concentration and other
properties of the process may vary with time. Addition of raw material
and withdrawal of product do not simultaneously occur in a batch unit
operation.
Catalyst extraction means the removal of the catalyst using either
solvent or physical extraction method.
Construction means the on-site fabrication, erection, or
installation of an affected source. Construction also means the on-site
fabrication, erection, or installation of a process unit or a
combination of process units which subsequently becomes an affected
source or part of an affected source due to a change in primary
product.
Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once during
approximately equal intervals of 15 minutes and recorded at the
frequency specified in Sec. 63.1439(d).
Continuous recorder is defined in Sec. 63.111, except that when the
definition in Sec. 63.111 reads ``or records 15-minute or more frequent
block average values,'' the phrase ``or records 1-hour or more frequent
block average values'' shall apply for purposes of this subpart.
Continuous unit operation means a unit operation where the inputs
and outputs flow continuously. Continuous unit operations typically
approach steady-state conditions. Continuous unit operations typically
involve the simultaneous addition of raw material and withdrawal of the
product.
Control technique means any equipment or process control used for
capturing, recovering, or oxidizing organic hazardous air pollutant
vapors. Such equipment includes, but is not limited to, absorbers,
adsorbers, boilers, condensers, flares, incinerators, process heaters,
and scrubbers, or any combination thereof. Process control includes
extended cookout (as defined in this section). Condensers operating as
reflux condensers that are necessary for processing, such as liquid
level control, temperature control, or distillation operation, shall be
considered inherently part of the process and will not be considered
control techniques.
Emission point means an individual process vent, storage vessel,
wastewater stream, or equipment leak.
Epoxide means a chemical compound consisting of a three-membered
cyclic ether. Only emissions of epoxides listed in Table 4 of this
subpart (i.e., ethylene oxide and propylene oxide) are regulated by the
provisions of this subpart.
Equipment leak means emissions of organic HAP from a pump,
compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, valve, surge control vessel, bottoms
receiver, or instrumentation system in organic HAP service.
Extended Cookout (ECO) means a control technique that reduces the
amount of unreacted ethylene oxide (EO) and/or propylene oxide (PO)
(epoxides) in the reactor. This is accomplished by allowing the product
to react for a longer time period, thereby having less unreacted
epoxides and reducing epoxides emissions that may have otherwise
occurred.
Flexible operation unit means a process unit that manufactures
different chemical products by periodically alternating raw materials
fed to the process unit or operating conditions at the process unit.
These units are also referred to as campaign plants or blocked
operations.
Group 1 combination of batch process vents means a collection of
process vents in a PMPU from batch unit operations that are associated
with the use of a nonepoxide organic HAP to make or modify the product
that meet all of the following conditions:
(1) Has annual nonepoxide organic HAP emissions, determined in
accordance with Sec. 63.1428(b), of 11,800 kg/yr or greater, and
(2) Has a cutoff flow rate, determined in accordance with
Sec. 63.1428(e), that is greater than or equal to the annual average
flow rate, determined in accordance with Sec. 63.1428(d).
Group 2 combination of batch process vents means a collection of
process vents in a PMPU from batch unit operations that are associated
with the use of a nonepoxide organic HAP to make or modify the product
that is not classified as a Group 1 combination of batch process vents.
Group 1 continuous process vent means a process vent from a
continuous unit operation that is associated with the use of a
nonepoxide organic HAP to make or modify the product that meets all of
the following conditions:
(1) Has a flow rate greater than or equal to 0.005 standard cubic
meters per minute,
(2) Has a total organic HAP concentration greater than or equal to
50 parts per million by volume, and
(3) Has a total resource effectiveness index value, calculated in
accordance with Sec. 63.1428(h)(1), less than or equal to 1.0.
Group 2 continuous process vent means a process vent from a
continuous unit operation that is associated with the use of a
nonepoxide organic HAP to make or modify the product that is not
classified as a Group 1 continuous process vent.
Group 1 storage vessel means a storage vessel that meets the
applicability criteria specified in Table 3 of this subpart.
Group 2 storage vessel means a storage vessel that does not fall
within the definition of a Group 1 storage vessel.
Group 1 wastewater stream means a process wastewater stream at an
existing or new affected source that meets the criteria for Group 1
status in Sec. 63.132(c), with the exceptions listed in
Sec. 63.1433(a)(2) for the purposes of this subpart (i.e., for organic
HAP listed on Table 4 of this subpart only).
Group 2 wastewater stream means any process wastewater stream as
defined in Sec. 63.101 at an existing affected source that does not
meet the definition (in this section) of a Group 1 wastewater stream.
In organic hazardous air pollutant service or in organic HAP
service means that a piece of equipment either contains or contacts a
fluid (liquid or gas) that is at least 5 percent by weight of total
organic HAP (as defined in this
[[Page 29447]]
section), as determined according to the provisions of Sec. 63.180(d).
The provisions of Sec. 63.180(d) also specify how to determine that a
piece of equipment is not in organic HAP service.
Initial start-up means the first time a new or reconstructed
affected source begins production, or, for equipment added or changed
as described in Sec. 63.1420(g), the first time the equipment is put
into operation to produce a polyether polyol. Initial start-up does not
include operation solely for testing equipment. Initial start-up does
not include subsequent start-ups of an affected source or portion
thereof following malfunctions or shutdowns or following changes in
product for flexible operation units. Further, for purposes of
Sec. 63.1422, initial start-up does not include subsequent start-ups of
affected sources or portions thereof following malfunctions or process
unit shutdowns.
Maintenance wastewater is defined in Sec. 63.101, except that the
term ``polyether polyol manufacturing process unit'' shall apply
whenever the term ``chemical manufacturing process unit'' is used.
Further, the generation of wastewater from the routine rinsing or
washing of equipment in batch operation between batches is not
maintenance wastewater, but is considered to be process wastewater, for
the purposes of this subpart.
Make or modify the product means to produce the polyether polyol by
polymerization of epoxides or other cyclic ethers with compounds having
one or more reactive hydrogens, and to incorporate additives (e.g.,
preservatives, antioxidants, or diluents) in order to maintain the
quality of the finished products before shipping. Making and modifying
the product for this regulation does not include grafting, polymerizing
the polyol, or reacting it with compounds other than EO or PO.
Maximum true vapor pressure is defined in Sec. 63.111, except that
the terms ``transfer'' and ``transferred'' shall not apply for the
purposes of this subpart.
New process unit means a process unit for which the construction or
reconstruction commenced after September 4, 1997.
On-site or on site means, with respect to records required to be
maintained by this subpart or required by another subpart referenced by
this subpart, a location within the plant site where the affected
source is located. On-site storage of records includes, but is not
limited to, a location at the affected source or PMPU to which the
records pertain or a location elsewhere at the plant site where the
affected source is located.
Operating day refers to the 24-hour period defined by the owner or
operator in the Notification of Compliance Status required by
Sec. 63.1439(e)(5). That 24-hour period may be from midnight to
midnight or another 24-hour period. The operating day is the 24-hour
period for which daily average monitoring values are determined.
Organic hazardous air pollutant(s) (organic HAP) means one or more
of the chemicals listed in Table 4 of this subpart, or any other
chemical which:
(1) Is knowingly produced or introduced into the manufacturing
process other than as an impurity; and
(2) Is listed in Table 2 of 40 CFR part 63, subpart F in the HON.
Polyether polyol means a compound formed through the polymerization
of EO or PO or other cyclic ethers with compounds having one or more
reactive hydrogens (i.e., a hydrogen atom bonded to nitrogen, oxygen,
phosphorus, sulfur, etc.) to form polyethers (i.e., compounds with two
or more ether bonds). This definition of ``polyether polyol'' excludes
hydroxy ethyl cellulose and materials regulated under 40 CFR part 63,
subparts F, G, and H (the HON), such as glycols and glycol ethers.
Polyether polyol manufacturing process unit (PMPU) means a process
unit that manufactures a polyether polyol as its primary product, or a
process unit designated as a polyether polyol manufacturing unit in
accordance with Sec. 63.1420(e)(2). A polyether polyol manufacturing
process unit consists of more than one unit operation. This collection
of equipment includes purification systems, reactors and their
associated product separators and recovery devices, distillation units
and their associated distillate receivers and recovery devices, other
associated unit operations, storage vessels, surge control vessels,
bottoms receivers, product transfer racks, connected ducts and piping,
combustion, recovery, or recapture devices or systems, and the
equipment (i.e., all pumps, compressors, agitators, pressure relief
devices, sampling connection systems, open-ended valves or lines,
valves, connectors, and instrumentation systems that are associated
with the PMPU) that are subject to the equipment leak provisions as
specified in Sec. 63.1434.
Pressure decay curve is the graph of the reactor pressure versus
time from the point when epoxide feed is stopped until the reactor
pressure is constant, indicating that most of the epoxide has reacted
out of the vapor and liquid phases. This curve shall be determined with
no leaks or vents from the reactor.
Primary product is defined in and determined by the procedures
specified in Sec. 63.1420(e).
Process unit means a collection of equipment assembled and
connected by pipes or ducts to process raw materials and to manufacture
a product.
Process vent means a point of emission from a unit operation having
a gaseous stream that is discharged to the atmosphere either directly
or after passing through one or more combustion, recovery, or recapture
devices. A process vent from a continuous unit operation is a gaseous
emission stream containing more than 0.005 weight-percent total organic
HAP. A process vent from a batch unit operation is a gaseous emission
stream containing more than 225 kilograms per year (500 pounds per
year) of organic HAP emissions. Unit operations that may have process
vents are condensers, distillation units, reactors, or other unit
operations within the PMPU. Process vents exclude pressure relief valve
discharges, gaseous streams routed to a fuel gas system(s), and leaks
from equipment regulated under Sec. 63.1434. A gaseous emission stream
is no longer considered to be a process vent after the stream has been
controlled and monitored in accordance with the applicable provisions
of this subpart.
Process wastewater means wastewater which, during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product, or waste product. Examples are product tank
drawdown or feed tank drawdown; water formed during a chemical reaction
or used as a reactant; water used to wash impurities from organic
products or reactants; equipment washes between batches in a batch
process; water used to cool or quench organic vapor streams through
direct contact; and condensed steam from jet ejector systems pulling
vacuum on vessels containing organics.
Product means a compound or material which is manufactured by a
process unit. By-products, isolated intermediates, impurities, wastes,
and trace contaminants are not considered products.
Product class means a group of polyether polyols with a similar
pressure decay curve (or faster pressure decay curves) that are
manufactured within a given set of operating conditions representing
the decline in pressure versus time. All products within a product
class shall have an essentially similar pressure decay curve, and
operate within a given set of
[[Page 29448]]
operating conditions. These operating conditions are: a minimum
reaction temperature; the number of -OH groups in the polyol; a minimum
catalyst concentration; the type of catalyst (e.g., self-catalyzed,
base catalyst, or acid catalyst); the epoxide ratio, or a range for
that ratio; and the reaction conditions of the system (e.g., the size
of the reactor, or the size of the batch).
Reactor liquid means the compound or material made in the reactor,
even though the substance may be transferred to another vessel. This
material may require further modifications before becoming a final
product, in which case the reactor liquid is classified as an
``intermediate.'' This material may be complete at this stage, in which
case the reactor liquid is classified as a ``product.''
Reconstruction means the replacement of components of an affected
source or of a previously unaffected stationary source that becomes an
affected source as a result of the replacement, to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the provisions of this subpart.
Recovery device means an individual unit of equipment capable of
and normally used for the purpose of recovering chemicals for fuel
value (i.e., net positive heating value), use, reuse, or for sale for
fuel value, use, or reuse. Examples of equipment that may be recovery
devices include absorbers, carbon adsorbers, condensers (except reflux
condensers), oil-water separators or organic-water separators, or
organic removal devices such as decanters, strippers, or thin film
evaporation units. For the purposes of the monitoring, recordkeeping,
or reporting requirements of this subpart, recapture devices are
considered to be recovery devices.
Residual is defined in Sec. 63.111, except that when the definition
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic
HAP listed in Table 9 of subpart G'' shall apply, for the purposes of
this subpart.
Shutdown means the cessation of operation of an affected source, a
PMPU within an affected source, a waste management unit or unit
operation within an affected source, equipment required or used to
comply with this subpart, or the emptying or degassing of a storage
vessel. The purposes for a shutdown may include, but are not limited
to, periodic maintenance, replacement of equipment, or equipment
repairs. Shutdown does not include the normal periods between batch
cycles. For continuous unit operations, shutdown includes transitional
conditions due to changes in product for flexible operation units. For
batch unit operations, shutdown does not include transitional
conditions due to changes in product for flexible operation units. For
purposes of the wastewater provisions, shutdown does not include the
routine rinsing or washing of equipment between batch cycles.
Start-up means the setting into operation of an affected source, a
PMPU within the affected source, a waste management unit or unit
operation within an affected source, equipment required or used to
comply with this subpart, or a storage vessel after emptying and
degassing. For all processes, start-up includes initial start-up and
operation solely for testing equipment. Start-up does not include the
recharging of batch unit operations. For continuous unit operations,
start-up includes transitional conditions due to changes in product for
flexible operation units. For batch unit operations, start-up does not
include transitional conditions due to changes in product for flexible
operation units.
Steady-state conditions means that all variables (temperatures,
pressures, volumes, flow rates, etc.) in a process do not vary
significantly with time; minor fluctuations about constant mean values
may occur.
Storage vessel means a tank or other vessel that is used to store
liquids that contain one or more organic HAP. Storage vessels do not
include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels with capacities smaller than 38 cubic meters;
(4) Vessels and equipment storing and/or handling material that
contains no organic HAP, or organic HAP as impurities only;
(5) Surge control vessels and bottoms receiver tanks;
(6) Wastewater storage tanks; and
(7) Storage vessels assigned to another process unit regulated
under another subpart of part 63.
Total organic compounds (TOC) are those compounds, excluding
methane and ethane, measured according to the procedures of Method 18
or Method 25A of 40 CFR part 60, appendix A.
Unit operation means one or more pieces of process equipment used
to make a single change to the physical or chemical characteristics of
one or more process streams. Unit operations include, but are not
limited to, reactors, distillation units, extraction columns,
absorbers, decanters, condensers, and filtration equipment.
Vent stream, as used in reference to process vents, means the
emissions from a process vent.
Waste management unit is defined in Sec. 63.111, except that when
the definition in Sec. 63.111 uses the term ``chemical manufacturing
process unit,'' the term ``PMPU'' shall apply for the purposes of this
subpart.
Wastewater means water that:
(1) Contains either
(i) An annual average concentration of organic HAP listed in Table
4 of this subpart of at least 5 parts per million by weight and has an
annual average flow rate of 0.02 liter per minute or greater, or
(ii) An annual average concentration of organic HAP listed on Table
4 of this subpart of at least 10,000 parts per million by weight at any
flow rate; and that
(2) Is discarded from a PMPU that is part of an affected source.
Wastewater is process wastewater or maintenance wastewater.
Sec. 63.1424 Emission standards.
(a) Except as provided under paragraph (b) of this section, the
owner or operator of an existing or new affected source shall comply
with the provisions in:
(1) Sections 63.1425 through 63.1430 for process vents;
(2) Section 63.1432 for storage vessels;
(3) Section 63.1433 for wastewater;
(4) Section 63.1434 for equipment leaks;
(5) Section 63.1435 for heat exchangers;
(6) Section 63.1437 for additional test methods and procedures;
(7) Section 63.1438 for monitoring levels and excursions; and
(8) Section 63.1439 for general reporting and recordkeeping
requirements.
(b) When emissions of different kinds (i.e., emissions from process
vents subject to Secs. 63.1425 through 63.1430, storage vessels subject
to Sec. 63.1432, process wastewater, and/or in-process equipment
subject to Sec. 63.149) are combined, and at least one of the emission
streams would require control according to the applicable provision in
the absence of combination with other
[[Page 29449]]
emission streams, the owner or operator shall comply with the
requirements of either paragraph (b)(1) or (2) of this section.
(1) Comply with the applicable requirements of this subpart for
each kind of emission in the stream as specified in paragraphs (a)(1)
through (5) of this section; or
(2) Comply with the most stringent set of requirements that applies
to any individual emission stream that is included in the combined
stream, where either that emission stream would be classified as
requiring control in the absence of combination with other emission
streams, or the owner chooses to consider that emission stream to
require control for the purposes of this paragraph.
Sec. 63.1425 Process vent control requirements.
(a) Applicability of process vent control requirements. For each
process vent at an affected source, the owner or operator shall comply
with the provisions of this section. Owners and operators of all
affected sources using epoxides in the production of polyether polyols
are subject to the requirements of paragraph (b) of this section.
Owners or operators are subject to the requirements of paragraph (c) of
this section only if epoxides are used in the production of polyether
polyols and nonepoxide organic HAP are used to make or modify the
product. Similarly, owners or operators are subject to the requirements
of paragraph (d) of this section only if epoxides are used in the
production of polyether polyols and organic HAP are used in catalyst
extraction. The owner or operator of an affected source where polyether
polyol products are produced using tetrahydrofuran shall comply with
paragraph (f) of this section.
(b) Requirements for epoxide emissions. The owner or operator of an
affected source where polyether polyol products are produced using
epoxides shall reduce epoxide emissions from process vents from batch
unit operations and continuous unit operations within each PMPU in
accordance with either paragraph (b)(1) or (2) of this section.
(1) For new affected sources, the owner or operator shall comply
with paragraph (b)(1)(i), (ii), or (iii) this section. The owner or
operator also has the option of complying with a combination of
paragraphs (b)(1)(i) and (ii) of this section. If the owner or operator
chooses to comply with a combination of paragraphs (b)(1)(i) and (ii)
of this section, each process vent not controlled in accordance with
paragraph (b)(1)(ii) of this section shall be part of the group of
applicable process vents that shall then comply with paragraph
(b)(1)(i) of this section.
(i) Reduce the total epoxide emissions from the group of applicable
process vents by an aggregated 99.9 percent;
(ii) Maintain an outlet concentration of total epoxides or TOC
after each combustion, recapture, or recovery device of 20 ppmv or
less; or
(iii) Maintain an emission factor of no greater than 4.43 x
10-3 kilogram epoxide emissions per megagram of product
(4.43 x 10-3 pounds epoxide emissions per 1,000 pounds of
product) for all process vents in the PMPU.
(2) For existing affected sources, the owner or operator shall
comply with either paragraph (b)(2)(i), (ii), (iii), or (iv) of this
section. The owner or operator also has the option of complying with a
combination of paragraphs (b)(2)(ii) and (iii) of this section. If the
owner or operator chooses to comply with a combination of paragraphs
(b)(2)(ii) and (iii) of this section, each process vent that is not
controlled in accordance with paragraph (b)(2)(iii) of this section
shall be part of the group of applicable process vents that shall then
comply with paragraph (b)(2)(ii) of this section. The owner or operator
also has the option of complying with a combination of paragraphs
(b)(2)(i) and (iii) of this section.
(i) Reduce the total epoxide emissions from each process vent using
a flare;
(ii) Reduce the total epoxide emissions from the group of
applicable process vents by an aggregated 98 percent;
(iii) Maintain an outlet concentration of total epoxides or TOC
after each combustion, recapture or recovery devices of 20 ppmv or
less; or
(iv) Maintain an emission factor of no greater than 1.69 x
10-2 kilogram epoxide emissions per megagram of product
(1.69 x 10-2 pounds epoxide emissions per 1,000 pounds of
product) for all process vents in the PMPU.
(c) Requirements for nonepoxide organic HAP emissions from making
or modifying the product. The owner or operator of a new or existing
source where polyether polyols are produced using epoxides, and where
nonepoxide organic HAP are used to make or modify the product, shall
comply with this paragraph. For each process vent from a continuous
unit operation that is associated with the use of a nonepoxide organic
HAP to make or modify the product, the owner or operator shall
determine if the process vent is a Group 1 continuous process vent, as
defined in Sec. 63.1423. For the combination of process vents from
batch unit operations that are associated with the use of a nonepoxide
organic HAP to make or modify the product, the owner or operator shall
determine if the combination of process vents is a Group 1 combination
of batch process vents, as defined in Sec. 63.1423.
(1) Requirements for Group 1 combinations of batch process vents.
For each Group 1 combination of batch process vents, as defined in
Sec. 63.1423, the owner or operator shall comply with either paragraph
(c)(1)(i) or (ii) of this section.
(i) Reduce nonepoxide organic HAP emissions using a flare.
(ii) Reduce nonepoxide organic HAP emissions by 90 percent using a
combustion, recovery, or recapture device.
(2) Requirements for Group 2 combinations of batch process vents.
For each Group 2 combination of batch process vents, as defined in
Sec. 63.1423, the owner or operator reassess the group status when
process changes occur, in accordance with the provisions of
Sec. 63.1428(g). No control requirements apply to these process vents.
(3) Requirements for Group 1 continuous process vents. For each
Group 1 continuous process vent, as defined in Sec. 63.1423, the owner
or operator shall comply with either paragraph (c)(3)(i) or (ii) of
this section.
(i) Reduce nonepoxide organic HAP emissions using a flare.
(ii) Reduce nonepoxide organic HAP emissions by 98 percent using a
combustion, recovery, or recapture device.
(4) Requirements for Group 2 continuous process vents. For each
Group 2 continuous process vent, as defined in Sec. 63.1423, the owner
or operator shall comply with either paragraph (c)(4)(i) or (ii) of
this section.
(i) If the TRE for the process vent is greater than 1.0 but less
than 4.0, the owner or operator shall comply with the monitoring
provisions in Sec. 63.1429, the recordkeeping provisions in
Sec. 63.1430(d), and recalculate the TRE index value when process
changes occur, in accordance with the provisions in Sec. 63.1428(h)(2).
(ii) If the TRE for the process vent is greater than 4.0, the owner
or operator shall recalculate the TRE index value when process changes
occur, in accordance with the provisions in Sec. 63.1428(h)(2).
(d) Requirements for nonepoxide organic HAP emissions from catalyst
extraction. The owner or operator of a new or existing affected source
where polyether polyol products are produced using epoxide compounds
shall comply with either paragraph (d)(1) or (2) of this
[[Page 29450]]
section. A PMPU that does not use any nonepoxide organic HAP in
catalyst extraction is exempt from the requirements of this paragraph.
(1) Reduce emissions of nonepoxide organic HAP from all process
vents associated with catalyst extraction using a flare; or
(2) Reduce emissions of nonepoxide organic HAP from the sum total
of all process vents associated with catalyst extraction by an
aggregated 90 percent for each PMPU.
(e) [Reserved]
(f) Requirements for process vents at PMPUs that produce polyether
polyol products using tetrahydrofuran. For each process vent in a PMPU
that uses tetrahydrofuran (THF) to produce one or more polyether polyol
products that is, or is part of, an affected source, the owner or
operator shall comply with the HON process vent requirements in
Secs. 63.113 through 63.118, except as provided for in paragraphs
(f)(1) through (10) of this section.
(1) When December 31, 1992 is referred to in the HON process vent
requirements in Sec. 63.113, it shall be replaced with September 4,
1997, for the purposes of this subpart.
(2) When Sec. 63.151(f), alternative monitoring parameters, and
Sec. 63.152(e), submission of an operating permit application, are
referred to in Secs. 63.114(c) and 63.117(e), Sec. 63.1439(f),
alternative monitoring parameters, and Sec. 63.1439(e)(8), submission
of an operating permit application, respectively, shall apply for the
purposes of this subpart.
(3) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.114, 63.117,
and 63.118, the Notification of Compliance Status requirements
contained in Sec. 63.1439(e)(5) shall apply for the purposes of this
subpart.
(4) When the Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Secs. 63.117 and 63.118, the Periodic
Report requirements contained in Sec. 63.1439(e)(6) shall apply for the
purposes of this subpart.
(5) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) is
referred to in Sec. 63.118(f)(2), the definition of excursion in
Sec. 63.1438(f) shall apply for the purposes of this subpart.
(6) When Sec. 63.114(e) specifies that an owner or operator shall
submit the information required in Sec. 63.152(b) in order to establish
the parameter monitoring range, the owner or operator shall comply with
the provisions of Sec. 63.1438 for establishing the parameter
monitoring level and shall comply with Sec. 63.1439(e)(5)(ii) or
Sec. 63.1439(e)(8) for the purposes of reporting information related to
the establishment of the parameter monitoring level, for the purposes
of this subpart. Further, the term ``level'' shall apply whenever the
term ``range'' is used in Secs. 63.114, 63.117, and 63.118.
(7) When reports of process changes are required under
Sec. 63.118(g), (h), (i), or (j), paragraphs (f)(7)(i) through (iv) of
this section shall apply for the purposes of this subpart.
(i) For the purposes of this subpart, whenever a process change, as
defined in Sec. 63.115(e), is made that causes a Group 2 process vent
to become a Group 1 process vent, the owner or operator shall submit a
report within 180 days after the process change is made or the
information regarding the process change is known to the owner or
operator. This report may be included in the next Periodic Report. A
description of the process change shall be included in this report.
(ii) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 process vent with a TRE greater than 4.0 to
become a Group 2 process vent with a TRE less than 4.0, the owner or
operator shall submit a report within 180 days after the process change
is made or the information regarding the process change is known to the
owner or operator, unless the flow rate is less than 0.005 standard
cubic meters per minute. This report may be included in the next
Periodic Report. A description of the process change shall be included
in this report.
(iii) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 process vent with a flow rate less than
0.005 standard cubic meter per minute (scmm) to become a Group 2
process vent with a flow rate of 0.005 scmm or greater and a TRE index
value less than or equal to 4.0, the owner or operator shall submit a
report within 180 days after the process change is made or the
information regarding the process change is known to the owner or
operator, unless the organic HAP concentration is less than 50 ppmv.
This report may be included in the next Periodic Report. A description
of the process change shall be submitted with the report.
(iv) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 process vent with an organic HAP
concentration less than 50 parts per million by volume (ppmv) to become
a Group 2 process vent with an organic HAP concentration of 50 ppmv or
greater and a TRE index value less than or equal to 4.0, the owner or
operator shall submit a report within 180 days after the process change
is made or the information regarding the process change is known to the
owner or operator, unless the flow rate is less than 0.005 standard
cubic meters per minute. This report may be included in the next
Periodic Report. A description of the process change shall be submitted
with this report.
(8) When Sec. 63.118 refers to Sec. 63.152(f), the recordkeeping
requirements in Sec. 63.1439(d) shall apply for the purposes of this
subpart.
(9) When Secs. 63.115 and 63.116 refer to Table 2 of 40 CFR part
63, subpart F, the owner or operator shall only consider organic HAP as
defined in this subpart.
(10) When the provisions of Sec. 63.116(c)(3) and (4) specify that
Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall
comply with paragraphs (f)(10)(i) and (ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
Sec. 63.1426 Process vent requirements for determining organic HAP
concentration, control efficiency, and aggregated organic HAP emission
reduction for a PMPU.
(a) Use of a flare. When a flare is used to comply with
Sec. 63.1425(b)(1)(i) (in combination with other control techniques),
(b)(2)(i), (c)(1)(i), (c)(3)(i), or (d)(1), the owner or operator shall
comply with Sec. 63.1437(c), and is not required to demonstrate the
control efficiency for the flare, if the owner or operator chooses to
assume a 98 percent control efficiency for that flare, as allowed under
paragraph (e)(2)(i) of this section. In order to use only a flare to
comply with Sec. 63.1425(b)(1)(i), or to use a flare and apply a
control efficiency greater than 98 percent, an owner or operator shall
submit a request in accordance with Sec. 63.6(g) in either the
Precompliance Report described in Sec. 63.1439(e)(4), or in a
supplement to the precompliance report, as described in
Sec. 63.1439(e)(4)(vii).
(b) Exceptions to performance tests. An owner or operator is not
required to conduct a performance test when a combustion, recovery, or
recapture
[[Page 29451]]
device specified in paragraphs (b)(1) through (6) of this section is
used to comply with Sec. 63.1425(b), (c), or (d).
(1) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(2) A boiler or process heater where the process vent stream is
introduced with the primary fuel or is used as the primary fuel.
(3) A combustion, recovery, or recapture device for which a
performance test was conducted within the preceding 5-year period,
using the same Methods specified in this section and either no
deliberate process changes have been made since the test, or the owner
or operator can demonstrate that the results of the performance test,
with or without adjustments, reliably demonstrate compliance despite
process changes. The operating parameters reported under the previous
performance test shall be sufficient to meet the parameter monitoring
requirements in this subpart.
(4) A boiler or process heater burning hazardous waste for which
the owner or operator:
(i) Has been issued a final hazardous waste permit under 40 CFR
part 270 and complies with the requirements for hazardous waste burned
in boilers and industrial furnaces in 40 CFR part 266, subpart H; or
(ii) Has certified compliance with the interim status requirements
for hazardous waste burned in boilers and industrial furnaces in of 40
CFR part 266, subpart H.
(5) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements for incinerators in 40 CFR part 264, subpart O, or has
certified compliance with the interim status requirements for
incinerators in 40 CFR part 265, subpart O.
(6) Combustion, recovery or recapture device (except for
condensers) performance may be determined by using the design
evaluation described in paragraph (f) of this section, provided that
the combustion, recovery or recapture device receives less than 10 tons
per year (9.1 megagrams per year) of uncontrolled organic HAP emissions
from one or more PMPUs, determined in accordance with paragraph (d) of
this section. If a combustion, recovery or recapture device exempted
from testing in accordance with this paragraph receives more than 10
tons per year (9.1 megagrams per year) of uncontrolled organic HAP
emissions from one or more PMPUs, the owner or operator shall comply
with the performance test requirements in paragraph (c) of this section
and shall submit the test report in the next Periodic Report.
(c) Determination of organic HAP concentration and control
efficiency. Except as provided in paragraphs (a) and (b) of this
section, an owner or operator using a combustion, recovery, or
recapture device to comply with an epoxide or organic HAP percent
reduction efficiency requirement in Sec. 63.1425(b)(1)(i), (b)(2)(ii),
(c)(1)(ii), (c)(3)(ii), or (d)(2); an epoxide concentration limitation
in Sec. 63.1425(b)(1)(ii) or (b)(2)(ii); or an annual epoxide emission
limitation in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv), shall conduct a
performance test using the applicable procedures in paragraphs (c)(1)
through (4) of this section. The organic HAP or epoxide concentration
and percent reduction may be measured as total epoxide, total organic
HAP, or as TOC minus methane and ethane according to the procedures
specified. When conducting testing in accordance with this section, the
owner or operator is only required to measure HAP of concern for the
specific requirement for which compliance is being determined. For
instance, to determine compliance with the epoxide emission requirement
of Sec. 63.1425(b), the owner or operator is only required to measure
epoxide control efficiency or outlet concentration.
(1) Sampling site location. The sampling site location shall be
determined as specified in paragraphs (c)(1)(i) and (ii) of this
section.
(i) For determination of compliance with a percent reduction of
total epoxide requirement in Sec. 63.1425(b)(1)(i), (b)(2)(ii), or a
percent reduction of total organic HAP requirement in
Sec. 63.1425(c)(1)(ii), (c)(3)(ii), or (d)(2), sampling sites shall be
located at the inlet of the combustion, recovery, or recapture device
as specified in paragraphs (c)(1)(i)(A), (B), and (C) of this section,
and at the outlet of the combustion, recovery, or recapture device.
(A) For process vents from continuous unit operations, the inlet
sampling site shall be determined in accordance with either paragraph
(c)(1)(i)(A)(1) or (2) of this section.
(1) To demonstrate compliance with either the provisions for
epoxide emissions in Sec. 63.1425(b) or the provisions for nonepoxide
organic HAP emissions from catalyst extraction in Sec. 63.1425(d), the
inlet sampling site shall be located after the exit from the continuous
unit operation but before any recovery devices, or
(2) To demonstrate compliance with the requirements for nonepoxide
organic HAP emissions from the use of nonepoxide organic HAP in making
or modifying the product in Sec. 63.1425(c), the inlet sampling site
shall be located after all control techniques to reduce epoxide
emissions and after the final nonepoxide organic HAP recovery device.
(B) For process vents from batch unit operations, the inlet
sampling site shall be determined in accordance with either paragraph
(c)(1)(i)(B)(1) or (2) of this section.
(1) To demonstrate compliance with either the provisions for
epoxide emissions in Sec. 63.1425(b) or the provisions for nonepoxide
organic HAP emissions from catalyst extraction in Sec. 63.1425(d), the
inlet sampling site shall be located after the exit from the batch unit
operation but before any recovery device.
(2) To demonstrate compliance with the requirements for nonepoxide
organic HAP emissions in making or modifying the product in
Sec. 63.1425(c), the inlet sampling site shall be located after all
control techniques to reduce epoxide emissions but before any
nonepoxide organic HAP recovery device.
(C) If a process vent stream is introduced with the combustion air
or as a secondary fuel into a boiler or process heater with a design
capacity less than 44 megawatts, selection of the location of the inlet
sampling sites shall ensure the measurement of total organic HAP or TOC
(minus methane and ethane) concentrations in all process vent streams
and primary and secondary fuels introduced into the boiler or process
heater.
(ii) To determine compliance with a parts per million by volume
total epoxide or TOC limit in Sec. 63.1425(b)(1)(ii) or (b)(2)(iii),
the sampling site shall be located at the outlet of the combustion,
recovery, or recapture device.
(2) [Reserved]
(3) Testing conditions and calculation of TOC or total organic HAP
concentration. (i) Testing conditions shall be as specified in
paragraphs (c)(3)(i)(A) through (E) of this section, as appropriate.
(A) Testing of process vents from continuous unit operations shall
be conducted at maximum representative operating conditions, as
described in Sec. 63.1437(a)(1). Each test shall consist of three l-
hour runs. Gas stream volumetric flow rates shall be measured at
approximately equal intervals of about 15 minutes during each 1-hour
run. The organic HAP concentration (of the HAP of concern) shall be
determined from samples collected in an integrated sample over the
duration of each l-hour
[[Page 29452]]
test run, or from grab samples collected simultaneously with the flow
rate measurements (at approximately equal intervals of about 15
minutes). If an integrated sample is collected for laboratory analysis,
the sampling rate shall be adjusted proportionally to reflect
variations in flow rate. For gas streams from continuous unit
operations, the organic HAP concentration or control efficiency used to
determine compliance shall be the average organic HAP concentration or
control efficiency of the three test runs.
(B) Testing of process vents from batch unit operations shall be
conducted at absolute worst-case conditions or hypothetical worst-case
conditions, as defined in paragraphs (c)(3)(i)(B)(1) through (5) of
this section. Worst-case conditions are limited to the maximum
production allowed in a State or Federal permit or regulation and the
conditions specified in Sec. 63.1437(a)(1). Gas stream volumetric flow
rates shall be measured at 15-minute intervals, or at least once during
the emission episode. The organic HAP or TOC concentration shall be
determined from samples collected in an integrated sample over the
duration of the test, or from grab samples collected simultaneously
with the flow rate measurements (at approximately equal intervals of
about 15 minutes). If an integrated sample is collected for laboratory
analysis, the sampling rate shall be adjusted proportionally to reflect
variations in flow rate.
(1) Absolute worst-case conditions are defined by the criteria
presented in paragraph (c)(3)(i)(B)(1)(i) or (ii) of this section if
the maximum load is the most challenging condition for the control
device. Otherwise, absolute worst-case conditions are defined by the
conditions in paragraph (c)(3)(i)(B)(1)(iii) of this section.
(i) The period in which the inlet to the control device will
contain at least 50 percent of the maximum HAP load (in lbs) capable of
being vented to the control device over any 8-hour period. An emission
profile as described in paragraph (c)(3)(i)(B)(3)(i) of this section
shall be used to identify the 8-hour period that includes the maximum
projected HAP load.
(ii) A period of time in which the inlet to the control device will
contain the highest HAP mass loading rate capable of being vented to
the control device. An emission profile as described in paragraph
(c)(3)(i)(B)(3)(i) of this section shall be used to identify the period
of maximum HAP loading.
(iii) The period of time when the HAP loading or stream composition
(including non-HAP) is most challenging for the control device. These
conditions include, but are not limited to the following: periods when
the stream contains the highest combined VOC and HAP load described by
the emission profiles in paragraph (c)(3)(i)(B)(3) of this section;
periods when the streams contain HAP constituents that approach limits
of solubility for scrubbing media; or periods when the streams contain
HAP constituents that approach limits of adsorptivity for carbon
adsorption systems.
(2) Hypothetical worst-case conditions are simulated test
conditions that, at a minimum, contain the highest hourly HAP load of
emissions that would be predicted to be vented to the control device
from the emissions profile described in paragraph (c)(3)(i)(B)(3)(ii)
or (iii) of this section.
(3) The owner or operator shall develop an emission profile for the
vent to the control device that describes the characteristics of the
vent stream at the inlet to the control device under worst case
conditions. The emission profile shall be developed based on any one of
the procedures described in paragraphs (c)(3)(i)(B)(3) (i) through
(iii) of this section, as required by paragraph (c)(3)(i)(B) of this
section.
(i) The emission profile shall consider all emission episodes that
could contribute to the vent stack for a period of time that is
sufficient to include all processes venting to the stack and shall
consider production scheduling. The profile shall describe the HAP load
to the device that equals the highest sum of emissions from the
episodes that can vent to the control device in any given period, not
to exceed 1 hour. Emissions per episode shall be divided by the
duration of the episode only if the duration of the episode is longer
than 1 hour, and emissions per episode shall be calculated using the
procedures specified in Equation 1:
[GRAPHIC] [TIFF OMITTED] TR01JN99.000
Where:
E = Mass of HAP emitted.
V = Purge flow rate at the temperature and pressure of the vessel vapor
space.
R = Ideal gas law constant.
T = Temperature of the vessel vapor space (absolute).
Pi = Partial pressure of the individual HAP.
Pj = Partial pressure of individual condensable VOC
compounds (including HAP).
PT = Pressure of the vessel vapor space.
MWi = Molecular weight of the individual HAP.
t = Time of purge.
n = Number of HAP compounds in the emission stream.
i = Identifier for a HAP compound.
j = Identifier for a condensable compound.
m = Number of condensable compounds (including HAP) in the emission
stream.
(ii) The emission profile shall consist of emissions that meet or
exceed the highest emissions that would be expected under actual
processing conditions. The profile shall describe equipment
configurations used to generate the emission events, volatility of
materials processed in the equipment, and the rationale used to
identify and characterize the emission events. The emissions may be
based on using compounds more volatile than compounds actually used in
the process(es), and the emissions may be generated from all equipment
in the process(es) or only selected equipment.
(iii) The emission profile shall consider the capture and control
system limitations and the highest emissions that can be routed to the
control device, based on maximum flow rate and concentrations possible
because of limitations on conveyance and control equipment (e.g., fans,
LEL alarms and safety bypasses).
(4) Three runs, each at a minimum of the complete duration of the
batch venting episode or 1 hour, whichever is shorter, and a maximum of
8 hours, are required for performance testing. Each run shall occur
over the same worst-case conditions, as defined in paragraph
(c)(3)(i)(B) of this section.
[[Page 29453]]
(5) If a condenser is used to control the process vent stream(s),
the worst case emission episode(s) shall represent a period of time in
which a process vent from the batch cycle or combination of cycles (if
more than one cycle is vented through the same process vent) will
require the maximum heat removal capacity, in Btu/hr, to cool the
process vent stream to a temperature that, upon calculation of HAP
concentration, will yield the required removal efficiency for the
entire cycle. The calculation of maximum heat load shall be based on
the emission profile described in paragraph (c)(3)(i)(B)(3) of this
section that will allow calculation of sensible and latent heat loads.
(ii) The concentration of either TOC (minus methane or ethane) or
total organic HAP (of the HAP of concern) shall be calculated according
to paragraph (c)(3)(ii)(A) or (B) of this section.
(A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR01JN99.001
Where:
CTOC = Concentration of TOC (minus methane and ethane), dry
basis, parts per million by volume.
Cji = Concentration of sample components j of sample i, dry
basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.
(B) The total organic HAP concentration (CHAP) shall be
computed according to Equation 2, except that only the organic HAP
species shall be summed.
(iii) The concentration of TOC or total organic HAP shall be
corrected to 3 percent oxygen if a combustion device is used.
(A) The emission rate correction factor or excess air, integrated
sampling and analysis procedures of Method 3B of 40 CFR part 60,
appendix A shall be used to determine the oxygen concentration
(%02d). The samples shall be taken during the same time that
the TOC (minus methane or ethane) or total organic HAP samples are
taken.
(B) The concentration corrected to 3 percent oxygen shall be
computed using Equation 3, as follows:
[GRAPHIC] [TIFF OMITTED] TR01JN99.002
Where:
Cc = Concentration of TOC or organic HAP corrected to 3
percent oxygen, dry basis, parts per million by volume.
Cm = Concentration of TOC (minus methane and ethane) or
organic HAP, dry basis, parts per million by volume.
%02d = Concentration of oxygen, dry basis, percent by
volume.
(4) Test methods. When testing is conducted to measure emissions
from an affected source, the test methods specified in paragraphs
(c)(4)(i) through (iv) of this section shall be used, as applicable.
(i) For sample and velocity traverses, Method 1 or 1A of appendix A
of part 60 shall be used, as appropriate, except that references to
particulate matter in Method 1A do not apply for the purposes of this
subpart.
(ii) The velocity and gas volumetric flow rate shall be determined
using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as
appropriate.
(iii) The concentration measurements shall be determined using the
methods described in paragraphs (c)(4)(iii) (A) through (C) of this
section.
(A) Method 18 of appendix A of part 60 may be used to determine the
HAP concentration in any control device efficiency determination.
(B) Method 25 of appendix A of part 60 may be used to determine
total gaseous nonmethane organic concentration for control efficiency
determinations in combustion devices.
(C) Method 25A of appendix A of part 60 may be used to determine
the HAP or TOC concentration for control device efficiency
determinations under the conditions specified in Method 25 of appendix
A of part 60 for direct measurements of an effluent with a flame
ionization detector, or in demonstrating compliance with the 20 ppmv
standard, the instrument shall be calibrated on methane or the
predominant HAP. If calibrating on the predominant HAP, the use of
Method 25A of appendix A of part 60 shall comply with paragraphs
(c)(4)(iii)(C) (1) through (3) of this section.
(1) The organic HAP used as the calibration gas for Method 25A of
appendix A of part 60 shall be the single organic HAP representing the
largest percent by volume.
(2) The use of Method 25A, 40 CFR part 60, appendix A, is
acceptable if the response from the high level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(3) The span value of the analyzer shall be less than 100 ppmv.
(iv) Alternatively, any other method or data that have been
validated according to the applicable procedures in 40 CFR part 63,
appendix A, Method 301 may be used.
(5) Calculation of percent reduction efficiency. The following
procedures shall be used to calculate percent reduction efficiency:
(i) Test duration shall be as specified in paragraphs (c)(3)(i) (A)
through (B) of this section, as appropriate.
(ii) The mass rate of either TOC (minus methane and ethane) or
total organic HAP of the HAP of concern (Ei, Eo)
shall be computed.
(A) The following equations shall be used:
[GRAPHIC] [TIFF OMITTED] TR01JN99.003
[GRAPHIC] [TIFF OMITTED] TR01JN99.004
Where:
Cij, Coj = Concentration of sample component j of
the gas stream at the inlet and outlet of the combustion, recovery, or
recapture device, respectively, dry basis, parts per million by volume.
Ei, Eo = Mass rate of TOC (minus methane and
ethane) or total organic HAP at the inlet and outlet of the combustion,
recovery, or recapture device, respectively, dry basis, kilogram per
hour.
Mij, Moj = Molecular weight of sample component j
of the gas stream at the inlet and outlet of the combustion, recovery,
or recapture device, respectively, gram/gram-mole.
Qi, Qo = Flow rate of gas stream at the inlet and
outlet of the combustion, recovery, or recapture device, respectively,
dry standard cubic meter per minute.
K2 = Constant, 2.494 x 10 -6 (parts per
million) -1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature (gram-mole per standard
cubic meter) is 20 deg.C.
(B) Where the mass rate of TOC is being calculated, all organic
compounds (minus methane and ethane) measured by Method 18 of 40 CFR
part 60, appendix A are summed using Equations 4 and 5 in paragraph
(c)(5)(ii)(A) of this section.
[[Page 29454]]
(C) Where the mass rate of total organic HAP is being calculated,
only the organic HAP species shall be summed using Equations 4 and 5 in
paragraph (c)(5)(ii)(A) of this section.
(iii) The percent reduction in TOC (minus methane and ethane) or
total organic HAP shall be calculated using Equation 6 as follows:
[GRAPHIC] [TIFF OMITTED] TR01JN99.005
Where:
R = Control efficiency of combustion, recovery, or recapture
device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or
total organic HAP at the inlet to the combustion, recovery, or
recapture device as calculated under paragraph (c)(5)(ii) of this
section, kilograms TOC per hour or kilograms organic HAP per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total
organic HAP at the outlet of the combustion, recovery, or recapture
device, as calculated under paragraph (c)(5)(ii) of this section,
kilograms TOC per hour or kilograms organic HAP per hour.
(iv) If the process vent stream entering a boiler or process heater
with a design capacity less than 44 megawatts is introduced with the
combustion air or as a secondary fuel, the weight-percent reduction of
total organic HAP or TOC (minus methane and ethane) across the device
shall be determined by comparing the TOC (minus methane and ethane) or
total organic HAP in all combusted process vent streams and primary and
secondary fuels with the TOC (minus methane and ethane) or total
organic HAP, respectively, exiting the combustion device.
(d) Determination of uncontrolled organic HAP emissions. For each
process vent at a PMPU that is complying with the process vent control
requirements in Sec. 63.1425(b)(1)(i), (b)(1)(iii), (b)(2)(ii),
(b)(2)(iv), (c)(1)(ii), or (d)(2) using a combustion, recovery, or
recapture device, the owner or operator shall determine the
uncontrolled organic HAP emissions in accordance with the provisions of
this paragraph, with the exceptions noted in paragraph (d)(1) of this
section. The provisions of Sec. 63.1427(c)(1) shall be used to
calculate uncontrolled epoxide emissions prior to the onset of an
extended cook out.
(1) Exemptions. The owner or operator is not required to determine
uncontrolled organic HAP emissions for process vents in a PMPU if the
conditions in paragraph (d)(1)(i), (ii), or (iii) of this section are
met.
(i) For PMPUs where all process vents subject to the epoxide
emission reduction requirements of Sec. 63.1425(b) are controlled at
all times using a combustion, recovery, or recapture device, or
extended cookout, the owner or operator is not required to determine
uncontrolled epoxide emissions.
(ii) For PMPUs where the combination of process vents from batch
unit operations associated with the use of nonepoxide organic HAP to
make or modify the product is subject to the Group 1 requirements of
Sec. 63.1425(c)(1), the owner or operator is not required to determine
uncontrolled nonepoxide organic HAP emissions for those process vents
if every process vent from a batch unit operation associated with the
use of nonepoxide organic HAP to make or modify the product in the PMPU
is controlled at all times using a combustion, recovery, or recapture
device.
(iii) For PMPUs where all process vents associated with catalyst
extraction that are subject to the organic emission reduction
requirements of Sec. 63.1425(d)(2) are controlled at all times using a
combustion, recovery, or recapture device, the owner or operator is not
required to determine uncontrolled organic HAP emissions for those
process vents.
(2) Process vents from batch unit operations. The uncontrolled
organic HAP emissions from an individual batch cycle for each process
vent from a batch unit operation shall be determined using the
procedures in the NESHAP for Group I Polymers and Resins (40 CFR part
63, subpart U), Sec. 63.488(b)(1) through (9). Uncontrolled emissions
from process vents from batch unit operations shall be determined after
the exit from the batch unit operation but before any recovery device.
(3) Process vents from continuous unit operations. The uncontrolled
organic HAP emissions for each process vent from a continuous unit
operation in a PMPU shall be determined at the location specified in
paragraph (d)(3)(i) of this section, using the procedures in paragraph
(d)(3)(ii) of this section.
(i) For process vents subject to either the provisions for epoxide
emissions in Sec. 63.1425(b) or the provisions for organic HAP
emissions from catalyst extraction in Sec. 63.1425(d), uncontrolled
emissions shall be determined after the exit from the continuous unit
operation but before any recovery device.
(ii) The owner or operator shall determine the hourly uncontrolled
organic HAP emissions from each process vent from a continuous unit
operation in accordance with paragraph (c)(4)(ii) of this section,
except that the emission rate shall be determined at the location
specified in paragraph (d)(2)(i) of this section.
(e) Determination of organic HAP emission reduction for a PMPU. (1)
The owner or operator shall determine the organic HAP emission
reduction for process vents in a PMPU that are complying with
Sec. 63.1425(b)(1)(i), (b)(2)(ii), (c)(1)(ii), or (d)(2) using Equation
7. The organic HAP emission reduction shall be determined for each
group of process vents subject to the same paragraph (i.e., paragraph
(b), (c), or (d)) of Sec. 63.1425. For instance, process vents that
emit epoxides are subject to paragraph (b) of Sec. 63.1425. Therefore,
if the owner or operator of an existing affected source is complying
with the 98 percent reduction requirement in Sec. 63.1425(b)(2)(ii),
the organic HAP (i.e., epoxide) emission reduction shall be determined
for the group of vents in a PMPU that are subject to this paragraph.
[GRAPHIC] [TIFF OMITTED] TR01JN99.006
Where:
REDPMPU = Organic HAP emission reduction for the group
of process vents subject to the same paragraph of Sec. 63.1425,
percent.
Eunc,i = Uncontrolled organic HAP emissions from process
vent i that is controlled using a combustion,
[[Page 29455]]
recovery, or recapture device, or extended cookout, kg/batch cycle for
process vents from batch unit operations, kg/hr for process vents from
continuous unit operations.
n = Number of process vents in the PMPU that are subject to the same
paragraph of Sec. 63.1425 and that are controlled using a combustion,
recovery, or recapture device, or extended cookout.
Ri = Control efficiency of the combustion, recovery, or
recapture device, or extended cookout, used to control organic HAP
emissions from vent i, determined in accordance with paragraph (e)(2)
of this section.
Eunc,j = Uncontrolled organic HAP emissions from process
vent j that is not controlled using a combustion, recovery, or
recapture device, kg/batch cycle for process vents from batch unit
operations, kg/hr for process vents from continuous unit operations.
m = Number of process vents in the PMPU that are subject to the same
paragraph of Sec. 63.1425 and that are not controlled using a
combustion, recovery, or recapture device.
(2) The control efficiency, Ri, shall be assigned as
specified below in paragraph (e)(2)(i), (ii), (iii), or (iv) of this
section.
(i) If the process vent is controlled using a flare (and the owner
or operator has not previously obtained approval to assume a control
efficiency greater than 98 percent in accordance with Sec. 63.6(g)) or
a combustion device specified in paragraph (b)(1), (2), (4), or (5) of
this section, and a performance test has not been conducted, the
control efficiency shall be assumed to be 98 percent.
(ii) If the process vent is controlled using a combustion,
recovery, or recapture device for which a performance test has been
conducted in accordance with the provisions of paragraph (c) of this
section, or for which a performance test that meets the requirements of
paragraph (b)(3) of this section has been previously performed, the
control efficiency shall be the efficiency determined by the
performance test.
(iii) If epoxide emissions from the process vent are controlled
using extended cookout, the control efficiency shall be the efficiency
determined in accordance with Sec. 63.1427(e).
(iv) If the process vent is controlled using a flare, and the owner
or operator has obtained approval to assume a control efficiency
greater than 98 percent in accordance with Sec. 63.6(g), the control
efficiency shall be the efficiency approved in accordance with
Sec. 63.6(g).
(f) Design evaluation. A design evaluation is required for those
control techniques that receive less than 10 tons per year (9.1
megagrams per year) of uncontrolled organic HAP emissions from one or
more PMPU, if the owner or operator has chosen not to conduct a
performance test for those control techniques in accordance with
paragraph (b)(6) of this section. The design evaluation shall include
documentation demonstrating that the control technique being used
achieves the required control efficiency under worst-case conditions,
as determined from the emission profile described in
Sec. 63.1426(c)(3)(i)(B)(3)(i).
(1) Except for ECO whose design evaluation is presented in
paragraph (f)(2) of this section, to demonstrate that a control
technique meets the required control efficiency, a design evaluation
shall address the composition and organic HAP concentration of the vent
stream, immediately preceding the use of the control technique. A
design evaluation shall also address other vent stream characteristics
and control technique operating parameters, as specified in any one of
paragraphs (f)(1)(i) through (vi) of this section, depending on the
type of control technique that is used. If the vent stream is not the
only inlet to the control technique, the owner or operator shall also
account for all other vapors, gases, and liquids, other than fuels,
received into the control technique from one or more PMPUs, for
purposes of the efficiency determination.
(i) For an enclosed combustion technique used to comply with the
provisions of Sec. 63.1425(b)(1), (c)(1), or (d), with a minimum
residence time of 0.5 seconds and a minimum temperature of 760 deg. C,
the design evaluation shall document that these conditions exist.
(ii) For a combustion control technique that does not satisfy the
criteria in paragraph (f)(1)(i) of this section, the design evaluation
shall document the control efficiency and address the characteristics
listed in paragraphs (f)(1)(ii)(A) through (C) of this section,
depending on the type of control technique.
(A) For a thermal vapor incinerator, in the design evaluation the
owner or operator shall consider the autoignition temperature of the
organic HAP, shall consider the vent stream flow rate, and shall
establish the design minimum and average temperatures in the combustion
zone and the combustion zone residence time.
(B) For a catalytic vapor incinerator, in the design evaluation the
owner or operator shall consider the vent stream flow rate and shall
establish the design minimum and average temperatures across the
catalyst bed inlet and outlet.
(C) For a boiler or process heater, in the design evaluation the
owner or operator shall consider the vent stream flow rate; shall
establish the design minimum and average flame zone temperatures and
combustion zone residence time; and shall describe the method and
location where the vent stream is introduced into the flame zone.
(iii) For a condenser, in the design evaluation the owner or
operator shall consider the vent stream flow rate, relative humidity,
and temperature, and shall establish the design outlet organic HAP
compound concentration level, design average temperature of the exhaust
vent stream, and the design average temperatures of the coolant fluid
at the condenser inlet and outlet. The temperature of the gas stream
exiting the condenser shall be measured and used to establish the
outlet organic HAP concentration.
(iv) For a carbon adsorption system that regenerates the carbon bed
directly onsite as part of the control technique (such as a fixed-bed
adsorber), in the design evaluation the owner or operator shall
consider the vent stream flow rate, relative humidity, and temperature,
and shall establish the design exhaust vent stream organic compound
concentration level, adsorption cycle time, number and capacity of
carbon beds, type and working capacity of activated carbon used for the
carbon beds, design total regeneration stream mass or volumetric flow
over the period of each complete carbon bed regeneration cycle, design
carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of the carbon. For vacuum
desorption, the pressure drop shall also be included.
(v) For a carbon adsorption system that does not regenerate the
carbon bed directly onsite as part of the control technique (such as a
carbon canister), in the design evaluation the owner or operator shall
consider the vent stream mass or volumetric flow rate, relative
humidity, and temperature, and shall establish the design exhaust vent
stream organic compound concentration level, capacity of the carbon
bed, type and working capacity of activated carbon used for the carbon
bed, and design carbon replacement interval based on the total carbon
working capacity of the control technique and source operating
schedule.
(vi) For a scrubber, in the design evaluation the owner or operator
shall consider the vent stream composition, constituent concentrations,
liquid-to-
[[Page 29456]]
vapor ratio, scrubbing liquid flow rate and concentration, temperature,
and the reaction kinetics of the constituents with the scrubbing
liquid. The design evaluation shall establish the design exhaust vent
stream organic compound concentration level and shall include the
additional information in paragraphs (f)(1)(vi) (A) and (B) of this
section for trays and a packed column scrubber.
(A) Type and total number of theoretical and actual trays.
(B) Type and total surface area of packing for entire column and
for individual packed sections, if the column contains more than one
packed section.
(2) For ECO, the design evaluation shall establish the minimum
duration (time) of the ECO, the maximum pressure at the end of the ECO,
or the maximum epoxide concentration in the reactor liquid at the end
of the ECO for each product class.
Sec. 63.1427 Process vent requirements for processes using extended
cookout as an epoxide emission reduction technique.
(a) Applicability of extended cookout requirements. Owners or
operators of affected sources that produce polyether polyols using
epoxides, and that are using ECO as a control technique to reduce
epoxide emissions in order to comply with percent emission reduction
requirements in Sec. 63.1425(b)(1)(i) or (b)(2)(ii) shall comply with
the provisions of this section. The owner or operator that is using ECO
in order to comply with the emission factor requirements in
Sec. 63.1425(b)(1)(iii) or Sec. 63.1425(b)(2)(iv) shall demonstrate
that the specified emission factor is achieved by following the
requirements in Sec. 63.1431. If additional control devices are used to
further reduce the HAP emissions from a process vent already controlled
by ECO, then the owner or operator shall also comply with the testing,
monitoring, recordkeeping, and reporting requirements associated with
the additional control device, as specified in Secs. 63.1426, 63.1429,
and 63.1430, respectively.
(1) For each product class, the owner or operator shall determine
the batch cycle percent epoxide emission reduction for the most
difficult to control product in the product class, where the most
difficult to control product is the polyether polyol that is
manufactured with the slowest pressure decay curve.
(2) The owner or operator may determine the batch cycle percent
epoxide emission reduction by directly measuring the concentration of
the unreacted epoxide, or by using process knowledge, reaction
kinetics, and engineering knowledge, in accordance with paragraph
(a)(2)(i) of this section.
(i) If the owner or operator elects to use any method other than
direct measurement, the epoxide concentration shall be determined by
direct measurement for one product from each product class and compared
with the epoxide concentration determined using the selected estimation
method, with the exception noted in paragraph (a)(2)(ii) of this
section. If the difference between the directly determined epoxide
concentration and the calculated epoxide concentration is less than 25
percent, then the selected estimation method will be considered to be
an acceptable alternative to direct measurement for that class.
(ii) If uncontrolled epoxide emissions prior to the end of the ECO
are less than 10 tons per year (9.1 megagrams per year), the owner or
operator is not required to perform the direct measurement required in
paragraph (a)(2)(i) of this section. Uncontrolled epoxide emissions
prior to the end of the ECO shall be determined by the procedures in
paragraph (d)(1) of this section.
(b) Define the end of epoxide feed. The owner or operator shall
define the end of the epoxide feed in accordance with paragraph (b)(1)
or (2) of this section.
(1) The owner or operator shall determine the concentration of
epoxide in the reactor liquid at the point in time when all epoxide has
been added to the reactor and prior to any venting. This concentration
shall be determined in accordance with the procedures in paragraph
(f)(1)(i) of this section.
(2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of
this section are met, the end of the epoxide feed may be defined by the
reactor epoxide partial pressure at the point in time when all epoxide
reactants have been added to the reactor. This reactor epoxide partial
pressure shall be determined in accordance with the procedures in
paragraph (g) of this section.
(i) No epoxide is emitted before the end of the ECO;
(ii) Extended cookout is the only control technique to reduce
epoxide emissions; and
(iii) The owner or operator elects to determine the percent epoxide
emission reduction for the ECO using reactor epoxide partial pressure
in accordance with paragraph (e)(2) of this section.
(c) Define the onset of the ECO. The owner or operator shall
calculate the uncontrolled emissions for the batch cycle by calculating
the epoxide emissions, if any, prior to the onset of the ECO, plus the
epoxide emissions at the onset of the ECO. The onset of the ECO is
defined as the point in time when the combined unreacted epoxide
concentration in the reactor liquid is equal to 25 percent of the
concentration of epoxides at the end of the epoxide feed, which was
determined in accordance with paragraph (b) of this section.
(1) The uncontrolled epoxide emissions for the batch cycle shall be
determined using Equation 8.
[GRAPHIC] [TIFF OMITTED] TR01JN99.007
Where:
Ee,u = Uncontrolled epoxide emissions at the onset of the
ECO, kilograms per (kg/)batch.
Cliq,i = Concentration of epoxide in the reactor liquid at
the onset of the ECO, which is equal to 25 percent of the concentration
of epoxide at the end of the epoxide feed, determined in accordance
with paragraph (b)(1) of this section, weight percent.
Vliq,i = Volume of reactor liquid at the onset of the ECO,
liters.
Dliq,i = Density of reactor liquid, kg/liter.
Cvap,i = Concentration of epoxide in the reactor vapor space
at the onset of the ECO, determined in accordance with paragraph (f)(2)
of this section, weight percent.
Vvap,i = Volume of the reactor vapor space at the onset of
the ECO, liters.
Dvap,i = Vapor density of reactor vapor space at the onset
of the ECO, kg/liter.
Eepox,bef = Epoxide emissions that occur prior to the
onset of the ECO, determined in accordance with the provisions of
Sec. 63.1426(d), kilograms.
(2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of
this section are met, the owner or operator may define the onset of the
ECO as the point in time
[[Page 29457]]
when the reactor epoxide partial pressure equals 25 percent of the
reactor epoxide partial pressure at the end of the epoxide feed, and is
not required to determine the uncontrolled epoxide emissions in
accordance with paragraph (c)(1) of this section.
(d) Determine emissions at the end of the ECO. The owner or
operator shall calculate the epoxide emissions at the end of the ECO,
where the end of the ECO is defined as the point immediately before the
time when the reactor contents are emptied and/or the reactor vapor
space purged to the atmosphere or to a combustion, recovery, or
recapture device.
(1) The epoxide emissions at the end of the ECO shall be determined
using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR01JN99.008
Where:
Ee,E = Epoxide emissions at the end of the ECO, kg.
Cliq,f = Concentration of epoxide in the reactor liquid at
the end of the ECO, determined in accordance with paragraph (f)(1) of
this section, weight percent.
Vliq,f = Volume of reactor liquid at the end of the ECO,
liters.
Dliq,f = Density of reactor liquid, kg/liter.
Cvap,f = Concentration of epoxide in the reactor vapor space
as it exits the reactor at the end of the ECO, determined in accordance
with paragraph (f)(2) of this section, weight percent.
Vvap,f = Volume of the reactor vapor space as it exits the
reactor at the end of the ECO, liters.
Dvap,f = Vapor density of reactor vapor space at the end of
the ECO, kg/liter.
(2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of
this section are met, the owner or operator may determine the reactor
epoxide partial pressure at the end of the ECO instead of determining
the uncontrolled epoxide emissions at the end of the ECO in accordance
with paragraph (d)(1) of this section.
(e) Determine percent epoxide emission reduction. (1) The owner or
operator shall determine the percent epoxide emission reduction for the
batch cycle using Equation 10.
[GRAPHIC] [TIFF OMITTED] TR01JN99.009
Where:
Rbatchcycle = Epoxide emission reduction for the batch
cycle, percent.
Ee,E = Epoxide emissions at the end of the ECO determined in
accordance with paragraph (d)(1) of this section, kilograms.
Raddon,i = Control efficiency of combustion, recovery, or
recapture device that is used to control epoxide emissions after the
ECO, determined in accordance with the provisions of Sec. 63.1426(c),
percent .
Ee,o = Epoxide emissions that occur before the end of the
ECO, determined in accordance with the provisions of Sec. 63.1426(d),
kilograms.
Raddon,j = Control efficiency of combustion, recovery, or
recapture device that is used to control epoxide emissions that occur
before the end of the ECO, determined in accordance with the provisions
of Sec. 63.1426(c), percent.
Ee,u = Uncontrolled epoxide emissions determined in
accordance with paragraph (c)(1) of this section, kilograms.
(2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of
this section are met, the owner or operator may determine the percent
epoxide emission reduction for the batch cycle using reactor epoxide
partial pressure and Equation 11, instead of using the procedures in
paragraph (e)(1) of this section.
Where:
Rbatchcycle = Epoxide emission reduction for the batch
cycle, percent.
Pepox,i = Reactor epoxide partial pressure at the onset
of the ECO, determined in accordance with paragraph (c)(2) of this
section, mm Hg.
Pepox,f = Reactor epoxide partial pressure at the end of
the ECO, determined in accordance with paragraph (c)(2) of this
section, mm Hg.
(f) Determination of epoxide concentrations. The owner or operator
shall determine the epoxide concentrations in accordance with the
procedures in this paragraph.
(1) The owner or operator shall determine the concentration of
epoxide in the reactor liquid using either direct measurement in
accordance with paragraph (f)(1)(i) of this section, or reaction
kinetics in accordance with paragraph (f)(1)(ii) of this section. An
owner or operator may also request to use an alternative methodology in
accordance with paragraph (f)(1)(iii) of this section.
(i) The owner or operator shall submit a standard operating
procedure for obtaining the liquid sample, along with the test method
used to determine the epoxide concentration. This information shall be
submitted in the Precompliance Report.
(ii) Determine the epoxide concentration in the reactor liquid
using Equation 12. [Equation 12]
[GRAPHIC] [TIFF OMITTED] TR01JN99.011
Cliq,f = Concentration of epoxide in the reactor liquid
at the end of the time period, weight percent.
Cliq,i = Concentration of epoxide in the reactor liquid
at the beginning of the time period, weight percent.
k = Reaction rate constant, 1/hr.
t = Time, hours.
Note: This equation assumes a first order reaction with respect
to epoxide concentration. where:
(iii) If the owner/operator deems that the methods listed in
paragraphs (f)(1)(i) and (ii) of this section are not appropriate for
the reaction system for a PMPU, then the owner/operator may submit a
request for the use of an alternative method.
(2) The owner or operator shall determine the concentration of
epoxide in the reactor vapor space using either direct measurement in
accordance with paragraph (f)(2)(i) of this section, or by engineering
estimation in accordance
[[Page 29458]]
with paragraph (f)(2)(ii) of this section. An owner or operator may
also request to use an alternative methodology in accordance with
paragraph (f)(2)(iii) of this section.
(i) The owner or operator shall take two representative samples
from a bleed valve off the reactor's process vent. The owner or
operator shall determine the total epoxide concentration using 40 CFR
part 60, appendix A, Method 18.
(ii) Determine the epoxide concentration in the vapor space using
Raoult's Law or another appropriate phase equilibrium equation and the
liquid epoxide concentration, determined in accordance with paragraph
(f)(1) of this section.
(iii) If the owner/operator deems that the methods listed in
paragraphs (f)(1)(i) and (ii) of this section are not appropriate for
the reaction system for a PMPU, then the owner/operator may submit a
request for the use of an alternative method.
(g) Determination of pressure. The owner or operator shall
determine the total pressure of the system using standard pressure
measurement devices calibrated according to the manufacturer's
specifications or other written procedures that provide adequate
assurance that the equipment would reasonably be expected to monitor
accurately.
(h) Determination if pressure decay curves are similar. The owner
or operator shall determine the pressure decay curve as defined in
Sec. 63.1423. Products with similar pressure decay curves constitute a
product class. To determine if two pressure decay curves are similar
when the pressure decay curves for products have different starting and
finishing pressures, the owner or operator shall determine the time
when the pressure has fallen to half its total pressure by using
Equation 13:
[GRAPHIC] [TIFF OMITTED] TR01JN99.012
Where:
Phalf 1 = Half the total pressure of the epoxide
for product 1.
Time (Phalf 1) = Time when the pressure has fallen to half
its total pressure for product 1.
Phalf 2 = Half the total pressure of the epoxide
for product 2.
Time (Phalf 2) = Time when the pressure has
fallen to half its total pressure for product 2.
TAVG PAVG = The average time to cookout to the
point where the epoxide pressure is 25 percent of the epoxide pressure
at the end of the feed step for products 1 and 2.
(i) ECO monitoring requirements. The owner or operator using ECO
shall comply with the monitoring requirements of this paragraph to
demonstrate continuous compliance with this subpart. Paragraphs (i)(1)
through (3) of this section address monitoring of the extended cookout.
(1) To comply with the provisions of this section, the owner or
operator shall monitor one of the parameters listed in paragraphs
(i)(1)(i) through (iii) of this section, or may utilize the provision
in paragraph (i)(1)(iv) of this section.
(i) Time from the end of the epoxide feed;
(ii) The epoxide partial pressure in the closed reactor;
(iii) Direct measurement of epoxide concentration in the reactor
liquid at the end of the ECO, when the reactor liquid is still in the
reactor, or after the reactor liquid has been transferred to another
vessel; or
(iv) An owner or operator may submit a request to the Administrator
to monitor a parameter other than the parameters listed in paragraphs
(i)(1)(i) through (iii) of this section, as described in
Sec. 63.1439(f).
(2) During the determination of the percent epoxide emission
reduction in paragraphs (b) through (e) of this section, the owner or
operator shall establish, as a level that shall be maintained during
periods of operation, one of the parameters in paragraphs (i)(2)(i)
through (iii) of this section, or may utilize the procedure in
paragraph (i)(2)(iv) of this section, for each product class.
(i) The time from the end of the epoxide feed to the end of the
ECO;
(ii) The reactor epoxide partial pressure at the end of the ECO;
(iii) The epoxide concentration in the reactor liquid at the end of
the ECO, when the reactor liquid is still in the reactor, or after the
reactor liquid has been transferred to another vessel; or
(iv) An owner or operator may submit a request to the Administrator
to monitor a parameter other than the parameters listed in paragraphs
(i)(2)(i) through (iii) of this section, as described in
Sec. 63.1439(f).
(3) For each batch cycle where ECO is used to reduce epoxide
emissions, the owner or operator shall record the value of the
monitored parameter at the end of the ECO. This parameter is then
compared with the level established in accordance with paragraph (i)(2)
of this section to determine if an excursion has occurred. An ECO
excursion is defined as one of the situations described in paragraphs
(i)(3)(i) through (v) of this section.
(i) When the time from the end of the epoxide feed to the end of
the ECO is less than the time established in paragraph (i)(2)(i) of
this section;
(ii) When the reactor epoxide partial pressure at the end of the
ECO is greater than the partial pressure established in paragraph
(i)(2)(ii) of this section;
(iii) When the epoxide concentration in the reactor liquid at the
end of the ECO is greater than the epoxide concentration established in
paragraph (i)(2)(iii) of this section;
(iv) When the parameter is not measured and recorded at the end of
the ECO; or
(v) When the alternative monitoring parameter is outside the range
established under Sec. 63.1439(f) for proper operation of the ECO as a
control technique.
(j) Recordkeeping requirements. (1) The owner or operator shall
maintain the records specified in paragraphs (j)(1)(i) and (ii) of this
section, for each product class. The owner or operator shall also
maintain the records related to the initial determination of the
percent epoxide emission reduction specified in paragraphs (j)(1)(iii)
through (x) of this section, as applicable, for each product class.
(i) Operating conditions of the product class, including:
(A) Pressure decay curve;
(B) Minimum reaction temperature;
(C) Number of reactive hydrogens in the raw material;
(D) Minimum catalyst concentration;
(E) Ratio of EO/PO at the end of the epoxide feed; and
(F) Reaction conditions, including the size of the reactor or batch.
(ii) A listing of all products in the product class, along with the
information specified in paragraphs (j)(1)(i)(A) through (F) of this
section, for each product.
(iii) The concentration of epoxide at the end of the epoxide feed,
determined in accordance with paragraph (b)(1) of this section.
(iv) The concentration of epoxide at the onset of the ECO,
determined in
[[Page 29459]]
accordance with paragraph (c) of this section.
(v) The uncontrolled epoxide emissions at the onset of the ECO,
determined in accordance with paragraph (c)(1) of this section. The
records shall also include all the background data, measurements, and
assumptions used to calculate the uncontrolled epoxide emissions.
(vi) The epoxide emissions at the end of the ECO, determined in
accordance with paragraph (d)(1) of this section. The records shall
also include all the background data, measurements, and assumptions
used to calculate the epoxide emissions.
(vii) The percent epoxide reduction for the batch cycle, determined
in accordance with paragraph (e)(1) of this section. The records shall
also include all the background data, measurements, and assumptions
used to calculate the percent reduction.
(viii) The parameter level, established in accordance with
paragraph (i)(3) of this section.
(ix) If epoxide emissions occur before the end of the ECO, the
owner or operator shall maintain records of the time and duration of
all such emission episodes that occur during the initial demonstration
of batch cycle efficiency.
(x) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of
this section are met, the owner or operator is not required to maintain
the records specified in paragraphs (j)(1)(iii) through (iv) of this
section, but shall maintain the records specified in paragraphs
(j)(1)(x)(A), (B), and (C) of this section.
(A) The reactor epoxide partial pressure at the following times:
(1) At end of the epoxide feed, determined in accordance with
paragraph (b)(2) of this section;
(2) At the onset of the ECO, established in accordance with
paragraph (c)(2) of this section; or
(3) At the end of the ECO, determined in accordance with paragraph
(d)(2) of this section.
(B) The percent epoxide reduction for the batch cycle, determined
in accordance with paragraph (e)(2) of this section. The records shall
also include all the measurements and assumptions used to calculate the
percent reduction.
(C) The reactor epoxide partial pressure at the end of the ECO.
(2) The owner or operator shall maintain the records specified in
paragraphs (j)(2)(i) through (iv) of this section.
(i) For each batch cycle, the product being produced and the
product class to which it belongs.
(ii) For each batch cycle, the owner or operator shall record the
value of the parameter monitored in accordance with paragraph (i)(3) of
this section.
(iii) If a combustion, recovery, or recapture device is used in
conjunction with ECO, the owner or operator shall record the
information specified in Sec. 63.1430(d) and comply with the monitoring
provisions in Sec. 63.1429.
(iv) If a combustion, recovery, or recapture device is used to
reduce emissions, the owner or operator shall maintain the records
specified in Sec. 63.1430(d).
(v) If epoxide emissions occur before the end of the ECO, the owner
or operator shall maintain records of the time and duration of all such
emission episodes.
(k) Reporting requirements. The owner or operator shall comply with
the reporting requirements in this paragraph.
(1) The information specified in paragraphs (k)(1)(i) through (ii)
of this section shall be provided in the Precompliance Report, as
specified in Sec. 63.1439(e)(4).
(i) A standard operating procedure for obtaining the reactor liquid
sample and a method that will be used to determine the epoxide
concentration in the liquid, in accordance with paragraph (f)(1)(i) of
this section.
(ii) A request to monitor a parameter other than those specified in
paragraph (i)(1)(i), (ii), or (iii) of this section, as provided for in
paragraph (i)(1)(iv) of this section.
(2) The information specified in paragraphs (k)(2)(i) through (iv)
of this section shall be provided in the Notification of Compliance
Status, as specified in Sec. 63.1439(e)(5).
(i) For each product class, the information specified in paragraphs
(k)(2)(i)(A) through (C) of this section.
(A) The operating conditions of this product class, as specified in
paragraph (j)(1)(i) of this section.
(B) A list of all products in the product class.
(C) The percent epoxide emission reduction, determined in
accordance with paragraph (e) of this section.
(ii) The parameter for each product class, as determined in
accordance with paragraph (i)(2) of this section.
(iii) If a combustion, recovery, or recapture device is used in
addition to ECO to reduce emissions, the information specified in
Sec. 63.1430(g)(1).
(iv) If epoxide emissions occur before the end of the ECO, a
listing of the time and duration of all such emission episodes that
occur during the initial demonstration of batch cycle efficiency.
(3) The information specified in paragraphs (k)(3)(i) through (iii)
of this section shall be provided in the Periodic Report, as specified
in Sec. 63.1439(e)(6).
(i) Reports of each batch cycle for which an ECO excursion
occurred, as defined in paragraph (i)(3) of this section.
(ii) Notification of each batch cycle when the time and duration of
epoxide emissions before the end of the ECO, recorded in accordance
with paragraph (j)(2)(iv) of this section, exceed the time and duration
of the emission episodes during the initial epoxide emission percentage
reduction determination, as recorded in paragraph (j)(1)(viii) of this
section.
(iii) If a combustion, recovery, or recapture device is used to
reduce emissions, the information specified in Sec. 63.1430(h).
(l) New polyether polyol products. If an owner or operator wishes
to utilize ECO as a control option for a polyether polyol not
previously assigned to a product class and reported to the Agency in
accordance with either paragraph (k)(2)(i)(B), (l)(1)(ii), or
(l)(2)(iii) of this section, the owner or operator shall comply with
the provisions of paragraph (l)(1) or (2) of this section.
(1) If the operating conditions of the new polyether polyol are
consistent with the operating conditions for an existing product class,
the owner or operator shall comply with the requirements in paragraphs
(l)(1)(i) and (ii) of this section.
(i) The owner or operator shall update the list of products for the
product class required by paragraph (j)(1)(ii) of this section, and
shall record the information in paragraphs (j)(1)(i)(A) through (F) of
this section for the new product.
(ii) Within 180 days after the production of the new polyether
polyol, the owner or operator shall submit a report updating the
product list previously submitted for the product class. This
information may be submitted along with the next Periodic Report.
(2) If the operating conditions of the new polyether polyol do not
conform with the operating characteristics of an existing product
class, the owner or operator shall establish a new product class and
shall comply with provisions of paragraphs (l)(2)(i) through (iii) of
this section.
(i) The owner or operator shall establish the batch cycle percent
epoxide emission reduction in accordance with paragraphs (b) through
(g) of this section for the product class.
(ii) The owner or operator shall establish the records specified in
[[Page 29460]]
paragraph (j)(1) of this section for the product class.
(iii) Within 180 days of the production of the new polyether
polyol, the owner or operator shall submit a report containing the
information specified in paragraphs (k)(2)(i) and (ii) of this section.
(m) Polyether polyol product changes. If a change in operation, as
defined in paragraph (m)(1) of this section, occurs for a polyether
polyol that has been assigned to a product class and reported to the
Agency in accordance with paragraph (k)(2)(i)(B), (l)(1)(ii), or
(l)(2)(iii) of this section, the owner or operator shall comply with
the provisions of paragraphs (m)(2) through (3) of this section.
(1) A change in operation for a polyether polyol is defined as a
change in any one of the parameters listed in paragraphs (m)(1)(i)
through (ix) of this section.
(i) A significant change in reaction kinetics;
(ii) Use of a different oxide reactant;
(iii) Use of a different EO/PO ratio;
(iv) A lower reaction temperature;
(v) A lower catalyst feed on a mole/mole fraction OH basis;
(vi) A shorter cookout;
(vii) A lower reactor pressure;
(viii) A different type of reaction, (e.g., a self-catalyzed vs.
catalyzed reaction); or
(ix) A marked change in reaction conditions (e.g., a markedly
different liquid level).
(2) If the operating conditions of the product after the change in
operation remain within the operation conditions of the product class
to which the product was assigned, the owner or operator shall update
the records specified in paragraphs (j)(1)(i)(A) through (F) of this
section for the product.
(3) If the operating conditions of the product after the change in
operation are outside of the operating conditions of the product class
to which the product was assigned, the owner or operator shall comply
with the requirements in paragraph (m)(3)(i) or (ii) of this section,
as appropriate.
(i) If the new operating conditions of the polyether polyol are
consistent with the operating conditions for another existing product
class, the owner or operator shall comply with the requirements in
paragraphs (m)(3)(i)(A) and (B) of this section.
(A) The owner or operator shall update the list of products for the
product class that the product is leaving, and for the product class
that the product is entering, and shall record the new information in
paragraphs (j)(1)(i)(A) through (F) of this section for the product.
(B) Within 180 days after the change in operating conditions for
the polyether polyol product, the owner or operator shall submit a
report updating the product lists previously submitted for the product
class. This information may be submitted along with the next Periodic
Report.
(ii) If the new operating conditions of the polyether polyol
product do not conform with the operating characteristics of an
existing product class, the owner or operator shall establish a new
product class and shall comply with provisions of paragraphs
(m)(3)(ii)(A) through (C) of this section.
(A) The owner or operator shall establish the batch cycle percent
epoxide emission reduction in accordance with paragraphs (b) through
(g) of this section for the product class.
(B) The owner or operator shall establish the records specified in
paragraph (j)(1) of this section for the product class.
(C) Within 180 days of the change in operating conditions for the
polyether polyol, the owner or operator shall submit a report
containing the information specified in paragraphs (k)(2)(i) and (ii)
of this section.
Sec. 63.1428 Process vent requirements for group determination of
PMPUs using a nonepoxide organic HAP to make or modify the product.
(a) Process vents from batch unit operations. The owner or operator
shall determine, for each PMPU located at an affected source, if the
combination of all process vents from batch unit operations that are
associated with the use of nonepoxide organic HAP to make or modify the
product is a Group 1 combination of batch process vents, as defined in
Sec. 63.1423. The annual uncontrolled nonepoxide organic HAP emissions,
determined in accordance with paragraph (b) of this section, and annual
average flow rate, determined in accordance with paragraph (c) of this
section, shall be determined for all process vents from batch unit
operations associated with the use of a nonepoxide organic HAP to make
or modify the product, with the exception of those vents specified in
paragraph (i) of this section, at the location after all applicable
control techniques have been applied to reduce epoxide emissions in
accordance with paragraph (a)(1) or (2) of this section.
(1) If the owner or operator is using a combustion, recovery, or
recapture device to reduce epoxide emissions, this location shall be at
the exit of the combustion, recovery, or recapture device.
(2) If the owner or operator is using ECO to reduce epoxide
emissions, this location shall be at the exit from the batch unit
operation. For the purpose of these determinations, the primary
condenser operating as a reflux condenser on a reactor or distillation
column shall be considered part of the unit operation.
(b) Determination of annual nonepoxide organic HAP emissions. The
owner or operator shall determine, for each PMPU, the total annual
nonepoxide organic HAP emissions from the combination of all process
vents from batch unit operations that are associated with the use of a
nonepoxide organic HAP to make or modify the product in accordance with
paragraphs (b)(1) and (2) of this section.
(1) The annual nonepoxide organic HAP emissions for each process
vent from a batch unit operation associated with the use of a
nonepoxide organic HAP to make or modify the product shall be
determined using the batch process vent procedures in the NESHAP for
Group I Polymers and Resins (40 CFR part 63, subpart U),
Sec. 63.488(b).
(2) The owner or operator shall sum the annual nonepoxide organic
HAP emissions from all individual process vents from batch unit
operations in a PMPU, determined in accordance with paragraph (b)(1) of
this section, to obtain the total nonepoxide organic HAP emissions from
the combination of process vents associated with the use of a
nonepoxide organic HAP to make or modify the product, for the PMPU.
(c) Minimum emission level exemption. If the annual emissions of
TOC or nonepoxide organic HAP from the combination of process vents
from batch unit operations that are associated with the use of
nonepoxide organic HAP to make or modify a polyether polyol for a PMPU
are less than 11,800 kg/yr, the owner or operator of that PMPU is not
required to comply with the provisions in paragraphs (d) and (e) of
this section.
(d) Determination of average flow rate and annual average flow
rate. The owner or operator shall determine, for each PMPU, the total
annual average flow rate for the combination of all process vents from
batch unit operations that are associated with the use of a nonepoxide
organic HAP to make or modify a product in accordance with paragraphs
(d)(1) and (2) of this section.
(1) The annual average flow rate for each process vent from batch
unit operations that is associated with the use of nonepoxide organic
HAP to make or modify the product shall be determined using the batch
process vent
[[Page 29461]]
procedures in the NESHAP for Group I Polymers and Resins (40 CFR part
63, subpart U), Sec. 63.488(e).
(2) The owner or operator shall sum the annual average flow rates
from the individual process vents from batch unit operations in a PMPU,
determined in accordance with paragraph (d)(1) of this section, to
obtain the total annual average flow rate for the combination of
process vents associated with the use of a nonepoxide organic HAP to
make or modify the product, for the PMPU.
(e) Determination of cutoff flow rate. For each PMPU at an affected
source that uses nonepoxide organic HAP to make or modify the product,
the owner or operator shall calculate the cutoff flow rate using
Equation 14.
[GRAPHIC] [TIFF OMITTED] TR01JN99.013
Where:
CFR = Cutoff flow rate, standard cubic meters per minute (scmm).
AE = Annual TOC or nonepoxide organic HAP emissions from the
combination of process vents from batch unit operations that are
associated with the use of nonepoxide organic HAP to make or modify the
product, as determined in paragraph (b)(2) of this section, kg/yr.
(f) [Reserved]
(g) Process changes affecting Group 2 combinations of process vents
in a PMPU that are from batch unit operations. Whenever process
changes, as described in paragraph (g)(1) of this section, are made
that affect a Group 2 combination of batch process vents and that could
reasonably be expected to change the group status from Group 2 to Group
1, the owner or operator shall comply with paragraphs (g)(2) and (3) of
this section.
(1) Examples of process changes include, but are not limited to,
increases in production capacity or production rate, changes in
feedstock type or catalyst type; or whenever there is replacement,
removal, or modification of recovery equipment considered part of the
batch unit operation. Any change that results in an increase in the
annual nonepoxide organic HAP emissions from the estimate used in the
previous group determination constitutes a process change for the
purpose of these provisions. Process changes do not include: process
upsets; unintentional, temporary process changes; and changes that are
within the margin of variation on which the original group
determination was based.
(2) For each process affected by a process change, the owner or
operator shall redetermine the group status by repeating the procedures
specified in paragraphs (b) through (e) of this section, as applicable,
and determining if the combination of process vents is a Group 1
combination of batch process vents, as defined in Sec. 63.1423.
Alternatively, engineering assessment, as described in
Sec. 63.488(b)(6)(i), may be used to determine the effects of the
process change.
(3) Based on the results of paragraph (g)(2) of this section, the
owner or operator shall comply with either paragraph (g)(3)(i) or (ii)
of this section.
(i) If the redetermination described in paragraph (g)(2) of this
section indicates that the group status of the combination of process
vents from batch unit operations in a PMPU that are associated with the
use of nonepoxide organic HAP to make or modify the product changes
from Group 2 to Group 1 as a result of the process change, the owner or
operator shall submit a report as specified in
Sec. 63.1439(e)(6)(iii)(D)(1) and shall comply with Group 1 combination
of batch process vents provisions in this subpart, as specified in
Sec. 63.1420(g)(3).
(ii) If the redetermination described in paragraph (g)(2) of this
section indicates no change in group status, the owner or operator is
not required to submit a report.
(h) Process vents from continuous unit operations. (1) The owner or
operator shall determine the total resource effectiveness (TRE) index
value for each process vent from a continuous unit operation that is
associated with the use of nonepoxide organic HAP to make or modify the
product. To determine the TRE index value, the owner or operator shall
conduct a TRE determination and calculate the TRE index value according
to the HON process vent group determination procedures in
Sec. 63.115(d)(1) or (2) and the TRE equation in Sec. 63.115(d)(3). The
TRE index value shall be determined at the location after all
applicable control techniques have been applied to reduce epoxide
emissions in accordance with paragraph (h)(1)(i), (ii), or (iii) of
this section.
(i) If the owner or operator uses one or more nonepoxide recovery
devices after all control techniques to reduce epoxide emissions, this
location shall be after the last nonepoxide recovery device.
(ii) If the owner or operator does not use a nonepoxide recovery
device after a combustion, recovery, or recapture device to reduce
epoxide emissions, this location shall be at the exit of the
combustion, recovery, or recapture device.
(iii) If the owner or operator does not use a nonepoxide recovery
device after extended cookout to reduce epoxide emissions, this
location shall be at the exit from the continuous unit operation. For
the purpose of these determinations, the primary condenser operating as
a reflux condenser on a reactor or distillation column shall be
considered part of the unit operation.
(2) The owner or operator of a Group 2 continuous process vent
shall recalculate the TRE index value as necessary to determine whether
the process vent is Group 1 or Group 2, whenever process changes are
made that could reasonably be expected to change the process vent to
Group 1. Examples of process changes include, but are not limited to,
increases in production capacity or production rate, changes in
feedstock type or catalyst type, or whenever there is replacement,
removal, or addition of recovery equipment. For purposes of this
paragraph, process changes do not include: process upsets;
unintentional, temporary process changes; and changes that are within
the range on which the original TRE calculation was based.
(i) The TRE index value shall be recalculated based on measurements
of process vent stream flow rate, TOC, and nonepoxide organic HAP
concentrations, and heating values as specified in the HON process vent
group determination procedures in Sec. 63.115(a), (b), (c), and (d), as
applicable, or on best engineering assessment of the effects of the
change. Engineering assessments shall meet the specifications in
Sec. 63.115(d)(1).
(ii) Where the recalculated TRE index value is less than or equal
to 1.0, or, where the TRE index value before the process change was
greater than 4.0 and the recalculated TRE index value is less than or
equal to 4.0 but greater than 1.0, the owner or operator shall submit a
report as specified in the process vent reporting and recordkeeping
provisions in Sec. 63.1430(j) or (k), and shall comply with the
appropriate provisions in the process vent control requirements in
Sec. 63.1425 by the dates specified in
[[Page 29462]]
Sec. 63.1422 (the section describing compliance dates for sources
subject to this subpart).
(iii) Where the recalculated TRE index value is greater than 4.0,
the owner or operator is not required to submit a report.
(i) Combination of process vents from batch unit operations and
process vents from continuous unit operations. If an owner or operator
combines a process vent from a batch unit operation that is associated
with the use of a nonepoxide organic HAP to make or modify the product
with a process vent from a continuous unit operation that is associated
with the use of a nonepoxide prior to the epoxide control technique, or
prior to a nonepoxide recovery device that is after the epoxide control
technique, then the provisions in paragraphs (i)(1) and (2) of this
section shall apply.
(1) The process vent from the batch unit operation is not required
to be included in the group determination required by paragraphs (a)
through (e) of this section.
(2) The TRE index value of the combined stream shall be determined
in accordance with paragraph (h) of this section, and the TRE index
value shall be calculated during a period when nonepoxide organic HAP
emissions are being generated by the batch unit operation.
Sec. 63.1429 Process vent monitoring requirements.
(a) Monitoring equipment requirements. The owner or operator of a
process vent that uses a combustion, recovery, or recapture device to
comply with the process vent control requirements in
Sec. 63.1425(b)(1), (b)(2), (c)(1), (c)(3), or (d) shall install
monitoring equipment specified in paragraph (a)(1), (2), (3), (4), (5),
(6), or (7) of this section, depending on the type of device used.
Also, the owner or operator that uses a recovery or recapture device to
comply with Sec. 63.1425(c)(4) shall install monitoring equipment as
specified in paragraph (a)(4), (5), (6), or (7) of this section. All
monitoring equipment shall be installed, calibrated, maintained, and
operated according to manufacturers' specifications or other written
procedures that provide adequate assurance that the equipment would
reasonably be expected to monitor accurately.
(1) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
(i) Where an incinerator other than a catalytic incinerator is
used, a temperature monitoring device shall be installed in the firebox
or in the ductwork immediately downstream of the firebox in a position
before any substantial heat exchange occurs.
(ii) Where a catalytic incinerator is used, temperature monitoring
devices shall be installed in the gas stream immediately before and
after the catalyst bed.
(2) Where a flare is used, the following monitoring equipment is
required: a device (including but not limited to a thermocouple, ultra-
violet beam sensor, or infrared sensor) capable of continuously
detecting the presence of a pilot flame.
(3) Where a boiler or process heater of less than 44 megawatts
design heat input capacity is used, the following monitoring equipment
is required: a temperature monitoring device in the firebox equipped
with a continuous recorder. Any boiler or process heater in which all
process vent streams are introduced with primary fuel or are used as
the primary fuel is exempt from this requirement.
(4) Where an absorber is used, a scrubbing liquid flow rate meter
or a pressure monitoring device is required and should be equipped with
a continuous recorder. If an acid or base absorbent is used, a pH
monitoring device to monitor scrubber effluent is also required. If two
or more absorbers in series are used, a scrubbing liquid flow rate
meter, or a pressure monitoring device, equipped with a continuous
recorder, is required for each absorber in the series. An owner or
operator may submit a request to instead install the scrubbing liquid
flow rate meter, or a pressure monitoring device, equipped with a
continuous recorder, on only the final absorber in a series, in
accordance with the alternative parameter monitoring reporting
requirements in Sec. 63.1439(f).
(5) Where a condenser is used, a condenser exit temperature
(product side) monitoring device equipped with a continuous recorder is
required.
(6) Where a carbon adsorber is used, an integrating regeneration
stream flow monitoring device having an accuracy of +10 percent or
better, capable of recording the total regeneration stream mass or
volumetric flow for each regeneration cycle, and a carbon bed
temperature monitoring device, capable of recording the carbon bed
temperature after each regeneration and within 15 minutes of completing
any cooling cycle are required.
(7) As an alternative to paragraphs (a)(4) through (6) of this
section, the owner or operator may install an organic monitoring device
equipped with a continuous recorder.
(b) Alternative parameters. An owner or operator of a process vent
may request approval to monitor parameters other than those listed in
paragraph (a) of this section. The request shall be submitted according
to the procedures specified in the process vent reporting and
recordkeeping requirements in Sec. 63.1430(j) and the alternative
parameter monitoring reporting requirements in Sec. 63.1439(f).
Approval shall be requested if the owner or operator:
(1) Uses a combustion device other than an incinerator, boiler,
process heater, or flare; or
(2) For a Group 2 continuous process vent, maintains a TRE greater
than 1.0 but less than or equal to 4.0 without a recovery device or
with a recovery device other than the recovery devices listed in
paragraph (a) of this section; or
(3) Uses one of the combustion, recovery, or recapture devices
listed in paragraph (a) of this section, but seeks to monitor a
parameter other than those specified in paragraph (a) of this section.
(c) Monitoring of bypass lines. The owner or operator of a process
vent using a process vent system that contains bypass lines that could
divert a process vent stream away from the combustion, recovery, or
recapture device used to comply with the process vent control
requirements in Sec. 63.1425(b), (c), or (d) shall comply with
paragraph (c)(1) or (2) of this section. Equipment such as low leg
drains, high point bleeds, analyzer vents, open-ended valves or lines,
and pressure relief valves needed for safety purposes are not subject
to paragraphs (c)(1) or (2) of this section.
(1) Properly install, maintain, and operate a flow indicator that
takes a reading at least once at approximately equal intervals of about
15 minutes. Records shall be generated as specified in the process vent
reporting and recordkeeping provisions in Sec. 63.1430(d)(3). The flow
indicator shall be installed at the entrance to any bypass line that
could divert emissions away from the combustion, recovery, or recapture
device and to the atmosphere; or
(2) Secure the bypass line valve in the non-diverting position with
a car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism shall be performed at least once every
month to ensure that the valve is maintained in the non-diverting
position and emissions are not diverted through the bypass line.
Records shall be generated as specified in the process
[[Page 29463]]
vent reporting and recordkeeping provisions in Sec. 63.1430(d)(4)(i).
(d) Establishment of parameter monitoring levels. Parameter
monitoring levels for process vents from continuous or batch unit
operations using a combustion, recovery, or recapture device to comply
with the process vent control requirements in Sec. 63.1425(b), (c), or
(d) shall be established as specified in paragraphs (d)(1) through (3)
of this section.
(1) For each parameter monitored under paragraph (a) or (b) of this
section, the owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter as denoted in Table 5
of this subpart (the table listing the monitoring, recordkeeping, and
reporting requirements for process vents from batch unit operations),
that indicates that the combustion, recovery, or recapture device is
operated in a manner to ensure compliance with the provisions of this
subpart. The level shall be established in accordance with the
procedures specified in the process vent control requirements in
Sec. 63.1430(d). The level may be based upon a prior performance test
conducted for determining compliance with a regulation promulgated by
the EPA, and the owner or operator is not required to conduct a
performance test under the process vent requirements for determining
organic HAP concentration, control efficiency, and aggregated organic
HAP emission reductions in Sec. 63.1426, provided that the prior
performance test meets the conditions of Sec. 63.1426(b)(3).
(2) The established level, along with supporting documentation,
shall be submitted in the Notification of Compliance Status or the
operating permit application as required in the Notification of
Compliance Status requirements in Sec. 63.1439(e)(5) or in the
operating permit application requirements in Sec. 63.1439(e)(8),
respectively.
(3) The operating day shall be defined as part of establishing the
parameter monitoring level and shall be submitted with the information
in paragraph (d)(2) of this section. The definition of operating day
shall specify the time(s) at which an operating day begins and ends.
Sec. 63.1430 Process vent reporting and recordkeeping requirements.
(a) [Reserved]
(b) Records to demonstrate compliance. The owner or operator
complying with the process vent control requirements in
Sec. 63.1425(b), (c), or (d) shall keep the following records, as
applicable, readily accessible:
(1) When using a flare to comply with the process vent control
requirements in Sec. 63.1425(b)(2)(i), (c)(1)(i), (c)(3)(i), or (d)(1):
(i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
(ii) All visible emission readings, heat content determinations,
flow rate determinations, and exit velocity determinations made during
the flare specification determination required by Sec. 63.1437(c); and
(iii) All periods during the flare specification determination
required by Sec. 63.1437(c) when all pilot flames are absent.
(2) The following information when using a combustion, recovery, or
recapture device (other than a flare) to achieve compliance with the
process vent control requirements in Sec. 63.1425(b), (c), or (d):
(i) For a combustion, recovery, or recapture device being used to
comply with a percent reduction requirement of Sec. 63.1425(b)(1)(i),
(b)(2)(ii), (c)(1)(ii), (c)(3)(ii), or (d)(2), or the annual epoxide
emission limitation in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv), the
percent reduction of organic HAP or TOC achieved, as determined using
the procedures specified in the process vent requirements in
Sec. 63.1426;
(ii) For a combustion device being used to comply with an outlet
concentration limitation of Sec. 63.1425(b)(1)(ii) or (b)(2)(iii), the
concentration of organic HAP or TOC outlet of the combustion device, as
determined using the procedures specified in the process vent
requirements in Sec. 63.1426;
(iii) For a boiler or process heater, a description of the location
at which the process vent stream is introduced into the boiler or
process heater;
(iv) For a boiler or process heater with a design heat input
capacity of less than 44 megawatts and where the process vent stream is
introduced with combustion air or is used as a secondary fuel and is
not mixed with the primary fuel, the percent reduction of organic HAP
or TOC achieved, as determined using the procedures specified in
Sec. 63.1426.
(c) Records related to the establishment of parameter monitoring
levels. For each parameter monitored according to the process vent
monitoring requirements in Sec. 63.1429(a) and Table 5 of this subpart,
or for alternate parameters and/or parameters for alternate control
techniques monitored according to the alternative parameter monitoring
reporting requirements in Sec. 63.1439(f) as allowed under
Sec. 63.1429(b), maintain documentation showing the establishment of
the level that indicates that the combustion, recovery, or recapture
device is operated in a manner to ensure compliance with the provisions
of this subpart, as required by the process vent monitoring
requirements in Sec. 63.1429(d).
(d) Records to demonstrate continuous compliance. The owner or
operator that uses a combustion, recovery, or recapture device to
comply with the process vent control requirements in Sec. 63.1425(b),
(c), or (d) shall keep the following records readily accessible:
(1) Continuous records of the equipment operating parameters
specified to be monitored under the process vent monitoring
requirements in Sec. 63.1429(a) as applicable, and listed in Table 5 of
this subpart, or specified by the Administrator in accordance with the
alternative parameter monitoring reporting requirements in
Sec. 63.1439(f), as allowed under Sec. 63.1429(b). These records shall
be kept as specified under Sec. 63.1439(d), except as specified in
paragraphs (d)(1)(i) and (ii) of this section.
(i) For flares, the records specified in Table 5 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers used for process vents from batch unit
operations, the records specified in Table 5 of this subpart shall be
maintained in place of daily averages.
(2) Records of the daily average value for process vents from
continuous unit operations or batch unit operations of each
continuously monitored parameter, except as provided in paragraphs
(d)(2)(i) and (ii) of this section.
(i) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the daily
averages. In addition, monitoring data recorded during periods of non-
operation of the process (or specific portion thereof) resulting in
cessation of organic HAP emissions, (or periods of start-up, shutdown,
or malfunction) shall not be included in computing the daily averages.
(ii) If all recorded values for a monitored parameter during an
operating day are above the minimum or below the maximum parameter
monitoring level established in accordance with the process vent
monitoring requirements in Sec. 63.1429(d), the owner or operator may
record that all values were above the
[[Page 29464]]
minimum or below the maximum level established, rather than calculating
and recording a daily average for that operating day.
(3) Hourly records of whether the flow indicator for bypass lines
specified under Sec. 63.1429(c)(1) was operating and whether a
diversion was detected at any time during the hour. Also, records of
the time(s) of all periods when the process vent was diverted from the
combustion, recovery, or recapture device, or the flow indicator
specified in Sec. 63.1429(c)(1) was not operating.
(4) Where a seal or closure mechanism is used to comply with the
process vent monitoring requirements for bypass lines in
Sec. 63.1429(c)(2), hourly records of flow are not required. For
compliance with Sec. 63.1429(c)(2), the owner or operator shall record
whether the monthly visual inspection of the seals or closure mechanism
has been done, and shall record the occurrence of all periods when the
seal mechanism is broken, the bypass line valve position has changed,
or the key for a lock-and-key type configuration has been checked out,
and records of any car-seal that has been broken.
(5) Records specifying the times and duration of periods of
monitoring system breakdowns, repairs, calibration checks, and zero
(low-level) and high level adjustments. In addition, records specifying
any other periods of process or combustion, recovery, or recapture
device operation when monitors are not operating.
(e) Records related to the group determination for process vents
that are associated with the use of nonepoxide organic HAP to make or
modify the product. (1) Process vents from batch unit operations.
Except as provided in paragraphs (e)(1)(vi) and (vii) of this section,
the owner or operator of an affected source shall maintain the records
specified in paragraphs (e)(1)(i) through (v) of this section for each
PMPU that uses a nonepoxide organic HAP to make or modify the product
in batch unit operations. The records required to be maintained by this
paragraph are limited to the information developed and used to make the
group determination under the process vent requirements for processes
using a nonepoxide organic HAP to make or modify the product in
Sec. 63.1428(a) through (e), as appropriate. If an owner or operator
did not need to develop certain information (e.g., annual average flow
rate) to determine the group status, the owner or operator is not
required to develop additional information. The owner or operator may
elect Group 1 status for process vents without making a Group 1/Group 2
determination. In such event, none of the records specified in
paragraphs (e)(1)(i) through (v) are required.
(i) A description of, and an emission estimate for, each batch
emission episode, and the total emissions associated with one batch
cycle for each unique product class made in the PMPU.
(ii) Total annual uncontrolled TOC or nonepoxide organic HAP
emissions from the combination of process vents from batch unit
operations associated with the use of nonepoxide organic HAP to make or
modify the product, as determined in accordance with the process vent
requirements for group determinations in Sec. 63.1428(b).
(iii) The annual average flow rate for the combination of process
vents from batch unit operations associated with the use of organic HAP
to make or modify the product, as determined in accordance with the
process vent requirements for group determinations in Sec. 63.1428(d).
(iv) The cutoff flow rate, determined in accordance with the
process vent requirements for group determinations in Sec. 63.1428(e).
(v) The results of the PMPU group determination (i.e., whether the
combination of process vents is Group 1 or Group 2).
(vi) If the combination of all process vents from batch unit
operations associated with the use of an organic HAP to make or modify
the product is subject to the Group 1 batch process vent control
requirements for nonepoxide HAP emissions from making or modifying the
product in Sec. 63.1425(c)(1), none of the records in paragraphs
(b)(1)(i) through (v) of this section are required.
(vii) If the total annual emissions from the combination of process
vents from batch unit operations associated with the use of an organic
HAP to make or modify the product are less than 11,800 kg per year,
only the records in paragraphs (b)(1)(i) and (ii) of this section are
required.
(2) Process vents from continuous unit operations. The owner or
operator of an affected source that uses nonepoxide organic HAP to make
or modify the product in continuous unit operations shall keep records
regarding the measurements and calculations performed to determine the
TRE index value of each process vent stream. The owner or operator of
Group 1 continuous process vents that are subject to the control
requirements of Sec. 63.1425(c)(3) is not required to keep these
records.
(f) Records for Group 2 process vents that are associated with the
use of nonepoxide organic HAP to make or modify the product. The
following records shall be maintained for PMPUs with a Group 2
combination of batch process vents and/or one or more Group 2
continuous process vents.
(1) Process vents from batch unit operations--emission records. The
owner or operator shall maintain records of the combined total annual
nonepoxide organic HAP emissions from process vents associated with the
use of nonepoxide organic HAP to make or modify the product for each
PMPU where the combination of these process vents is classified as
Group 2.
(2) Process vents from continuous unit operations--monitoring
records for vents with TRE between 1.0 and 4.0. The owner or operator
using a recovery device or other means to achieve and maintain a TRE
index value greater than 1.0 but less than 4.0 as specified in the HON
process vent requirements in Sec. 63.113(a)(3) or Sec. 63.113(d) shall
keep the following records readily accessible:
(i) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.114(b) and listed in Table 5 of
this subpart or specified by the Administrator in accordance with
Sec. 63.114(c) and Sec. 63.117(e); and
(ii) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.152(f). If carbon adsorber regeneration
stream flow and carbon bed regeneration temperature are monitored, the
records specified in Table 5 of this subpart shall be kept instead of
the daily averages.
(3) Process vents from continuous unit operations--records related
to process changes. The owner or operator subject to the provisions of
this subpart who has elected to demonstrate compliance with the TRE
index value greater than 4.0 under Sec. 63.113(e) or greater than 1.0
under Sec. 63.113(a)(3) or Sec. 63.113(d) shall keep readily accessible
records of:
(i) Any process changes as defined in Sec. 63.115(e); and
(ii) Any recalculation of the TRE index value pursuant to
Sec. 63.115(e).
(4) Process vents from continuous unit operations--records for
vents with a flow rate less than 0.005 standard cubic meter per minute.
The owner or operator who elects to comply by maintaining a flow rate
less than 0.005 standard cubic meter per minute under Sec. 63.113(f),
shall keep readily accessible records of:
(i) Any process changes as defined in Sec. 63.115(e) that increase
the process vent stream flow rate;
[[Page 29465]]
(ii) Any recalculation or measurement of the flow rate pursuant to
Sec. 63.115(e); and
(iii) If the flow rate increases to 0.005 standard cubic meter per
minute or greater as a result of the process change, the TRE
determination performed according to the procedures of Sec. 63.115(d).
(5) Process vents from continuous unit operations--records for
vents with an organic HAP concentration less than 50 parts per million.
The owner or operator who elects to comply by maintaining an organic
HAP concentration less than 50 parts per million by volume organic HAP
concentration under Sec. 63.113(g) shall keep readily accessible
records of:
(i) Any process changes as defined in Sec. 63.115(e) that increase
the organic HAP concentration of the process vent stream;
(ii) Any recalculation or measurement of the concentration pursuant
to Sec. 63.115(e); and
(iii) If the organic HAP concentration increases to 50 parts per
million by volume or greater as a result of the process change, the TRE
determination performed according to the procedures of Sec. 63.115(d).
(g) Notification of Compliance Status. The owner or operator of an
affected source shall submit the information specified in paragraphs
(g)(1) through (3) of this section, as appropriate, as part of the
Notification of Compliance Status specified in Sec. 63.1439(e)(5).
(1) For the owner or operator complying with the process vent
control requirements in Sec. 63.1425(b), (c)(1), (c)(3), or (d), the
information specified in paragraph (b) of this section related to the
compliance demonstration, and the information specified in paragraph
(c) of this section related to the establishment of parameter
monitoring levels,
(2) For each PMPU where the combination of process vents from batch
unit operations that are associated with the use of nonepoxide organic
HAP to make or modify the product is Group 2, the information related
to the group determination specified in paragraph (e)(1) of this
section.
(3) For each process vent from a continuous unit operation that is
associated with the use of nonepoxide organic HAP to make or modify the
product that is Group 2, the information related to the group
determination specified in paragraph (e)(2) of this section.
(h) Periodic Reports. The owner or operator of an affected source
shall submit Periodic Reports of the recorded information specified in
paragraphs (h)(1) through (6) of this section, as appropriate,
according to the schedule for submitting Periodic Reports in
Sec. 63.1439(e)(6)(i).
(1) Reports of daily average values of monitored parameters for all
operating days when the daily average values recorded under paragraph
(d)(2) of this section were above the maximum, or below the minimum,
level established in the Notification of Compliance Status or operating
permit.
(2) Reports of the duration of periods when monitoring data are not
collected for each excursion caused by insufficient monitoring data as
defined in Sec. 63.1438(f)(1)(iv), (f)(2)(i)(B), or (f)(3)(ii).
(3) Reports of the times and durations of all periods recorded
under paragraph (d)(3) of this section when the process vent stream is
diverted from the combustion, recovery, or recapture device through a
bypass line.
(4) Reports of all periods recorded under paragraph (d)(4) of this
section in which the seal mechanism is broken, the bypass line valve
position has changed, or the key to unlock the bypass line valve was
checked out.
(5) Reports of the times and durations of all periods recorded
under paragraph (d)(1)(i) of this section in which all pilot flames of
a flare were absent.
(6) Reports of all carbon bed regeneration cycles during which the
parameters recorded under paragraph (d)(1)(ii) of this section were
above the maximum, or below the minimum, levels established in the
Notification of Compliance Status or operating permit.
(i) Reports of process changes. Whenever a process change, as
defined in Sec. 63.1420(g)(3), is made that causes a Group 2
combination of batch process vents at a PMPU that are associated with
the use of nonepoxide organic HAP to make or modify the product to
become Group 1, the owner or operator shall submit a report within 180
days after the process change is made or the information regarding the
process change is known to the owner or operator. This report may be
included in the next Periodic Report or in a separate submittal to the
Administrator, as specified in Sec. 63.1439(e)(6)(iii)(D)(1). A
description of the process change shall be submitted with the report.
(j) Reporting requirements for Group 2 continuous process vents.
(1) Whenever a process change, as defined in Sec. 63.1420(g)(3), is
made that causes a Group 2 continuous process vent with a TRE greater
than 4.0 to become a Group 2 continuous process vent with a TRE less
than 4.0, the owner or operator shall submit a report within 180
calendar days after the process change is made or the information
regarding the process change is known, unless the flow rate is less
than 0.005 standard cubic meters per minute. The report may be
submitted as part of the next periodic report. The report shall
include:
(i) A description of the process change;
(ii) The results of the recalculation of the TRE index value
required under Sec. 63.1428(h)(2), and recorded under paragraph (f)(3)
of this section; and
(iii) A statement that the owner or operator will comply with the
process vent monitoring requirements specified in Sec. 63.1429, as
appropriate.
(2) Whenever a process change, as defined in Sec. 63.1420(g)(3), is
made that causes a Group 2 continuous process vent with a flow rate
less than 0.005 standard cubic meters per minute to become a Group 2
continuous process vent with a flow rate of 0.005 standard cubic meters
per minute or greater, the owner or operator shall submit a report
within 180 calendar days after the process change is made or the
information regarding the process change is known, unless the organic
HAP concentration is less than 50 ppmv. The report may be submitted as
part of the next periodic report. The report shall include:
(i) A description of the process change;
(ii) The results of the calculation of the TRE index value required
under Sec. 63.1428(h)(2), and recorded under paragraph (f)(3) of this
section; and
(iii) A statement that the owner or operator will comply with the
process vent monitoring requirements specified in Sec. 63.1429, as
appropriate.
(3) Whenever a process change, as defined in Sec. 63.1420(g)(3), is
made that causes a Group 2 continuous process vent with an organic HAP
concentration less than 50 ppmv to become a Group 2 continuous process
vent with an organic HAP concentration of 50 ppmv or greater and a TRE
index value less than 4.0, the owner or operator shall submit a report
within 180 calendar days after the process change is made or the
information regarding the process change is known, unless the flow rate
is less than 0.005 standard cubic meters per minute. The report may be
submitted as part of the next periodic report. The report shall
include:
(i) A description of the process change;
(ii) The results of the calculation of the TRE index value required
under Sec. 63.1428(h)(2), and recorded under paragraph (f)(3) of this
section; and
(iii) A statement that the owner or operator will comply with the
process
[[Page 29466]]
vent monitoring requirements specified in Sec. 63.1429, as appropriate.
(k) Alternative requests. If an owner or operator uses a
combustion, recovery, or recapture device other than those specified in
the process vent monitoring requirements in Sec. 63.1429(a)(1) through
(7) and listed in Table 5 of this subpart; requests approval to monitor
a parameter other than those specified in Sec. 63.1429(a)(1) through
(7) and listed in Table 5 of this subpart; or uses ECO and requests to
monitor a parameter other than those listed in Sec. 63.1427(i)(1)(i)
through (iii), as allowed under Sec. 63.1427(i)(1)(iv), the owner or
operator shall submit a description of planned reporting and
recordkeeping procedures, as specified in Sec. 63.1439(f)(3), as part
of the Precompliance Report as required under Sec. 63.1439(e)(4), or to
the Administrator as a separate submittal. The Administrator will
specify appropriate reporting and recordkeeping requirements as part of
the review of the Precompliance Report.
Sec. 63.1431 Process vent annual epoxides emission factor plan
requirements.
(a) Applicability of emission factor plan requirements. An owner or
operator electing to comply with an annual epoxide emission factor
limitation in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv) shall develop and
implement an epoxides emission factor plan in accordance with the
provisions of this section.
(b) Emission factor plan requirements. The owner or operator shall
develop an epoxides emission factor plan.
(1) If epoxide emissions are maintained below the epoxide emission
factor limitation through the use of a combustion, recovery, or
recapture device (without extended cookout), the owner or operator
shall develop and implement the plan in accordance with paragraph (c)
of this section.
(2) If epoxide emissions are maintained below the epoxide emission
factor limitation through the use of extended cookout (without a
combustion, recovery, or recapture device), the owner or operator shall
develop and implement the plan in accordance with paragraph (d) of this
section.
(3) If epoxide emissions are maintained below the epoxide emission
factor limitation through the use of extended cookout in conjunction
with a combustion, recovery, or recapture device, the owner or operator
shall develop and implement the plan in accordance with paragraph (e)
of this section.
(c) Compliance with epoxide emission factor limitation using a
combustion, recovery, or recapture device. (1) The owner or operator
shall notify the Agency of the intent to use a combustion, recovery, or
recapture device to comply with the epoxide emission factor limitation
in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv). The owner or operator shall
prepare an estimate of the annual epoxide emissions and the actual
production rate in accordance with paragraphs (c)(1)(i) through (iv) of
this section. This notification and emission estimate shall be
submitted in the Precompliance Report as specified in
Sec. 63.1439(e)(4), or in the operating permit application, as allowed
in Sec. 63.1439(e)(8).
(i) Annual uncontrolled epoxide emissions. These emission estimates
shall be determined in accordance with the batch process vent group
determination procedures in the NESHAP for Group I Polymers and Resins
(40 CFR part 63, subpart U, Sec. 63.488(b)) and shall be based on
anticipated production.
(ii) A description of the combustion, recovery, or recapture
device, along with the expected percent efficiency.
(iii) Annual emissions after the combustion, recovery, or recapture
device. The expected annual emissions after control shall be determined
using Equation 15.
[GRAPHIC] [TIFF OMITTED] TR01JN99.014
Where:
AEcontrol = Annual epoxide emissions after control, kg/yr.
AEuncontrolled = Annual uncontrolled epoxide emissions,
determined in accordance with paragraph (c)(1)(i) of this section, kg/
yr.
R = Expected control efficiency of the combustion, recovery, or
recapture device, percent, as determined in Sec. 63.1426(c).
(iv) The actual annual production rate means the annual mass of
polyether polyol product produced from the applicable PMPU. This
production rate shall be for the same annual time period as the annual
emission estimate as calculated in accordance with paragraph
(c)(1)(iii) of this section.
(2) The owner or operator shall conduct a performance test in
accordance with Sec. 63.1426(c) to determine the epoxide control
efficiency of the combustion, recovery, or recapture device. The owner
or operator shall then recalculate the annual epoxide emissions after
control using Equation 15, except that the control efficiency, R, shall
be the measured control efficiency. This information shall be submitted
as part of the Notification of Compliance Status, as provided in
Sec. 63.1439(e)(5).
(3) The owner or operator shall comply with the process vent
monitoring provisions in Sec. 63.1429.
(4) The owner or operator shall comply with the process vent
recordkeeping requirements in paragraphs Sec. 63.1430(b) through (d),
and the process vent reporting requirements in Sec. 63.1430(g)(1) and
(h).
(d) Compliance with epoxide emission factor limitation using
extended cookout. (1) The owner or operator shall notify the Agency of
the intent to use extended cookout to comply with the epoxide emission
factor limitation in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv). The owner
or operator shall prepare an estimate of the annual epoxide emissions
after the extended cookout. This notification and emission estimate
shall be submitted in the Precompliance Report as specified in
Sec. 63.1439(e)(4), or in the operating permit application, as allowed
in Sec. 63.1439(e)(8).
(2) The owner or operator shall determine the annual epoxide
emissions in accordance with Sec. 63.1427(d), based on anticipated
production. This information shall be submitted as part of the
Notification of Compliance Status, as provided in Sec. 63.1439(e)(5).
(3) The owner or operator shall comply with the ECO monitoring
provisions in Sec. 63.1427(i).
(4) The owner or operator shall comply with the process vent
recordkeeping and reporting requirements in Sec. 63.1430.
(e) Compliance with the epoxide emission factor limitation through
the use of extended cookout in conjunction with one or more combustion,
recovery, and/or recapture device. (1) The owner or operator shall
notify the Agency of the intent to use extended cookout in conjunction
with one or more combustion, recovery, and/or recapture device to
comply with the annual
[[Page 29467]]
epoxide emission factor limitation in Sec. 63.1425(b)(1)(iii) or
(b)(2)(iv). The owner or operator shall prepare an estimate of the
annual epoxide emissions after control. This notification and emission
estimate shall be submitted in the Precompliance Report as specified in
Sec. 63.1439(e)(4), or in the operating permit application, as allowed
under Sec. 63.1439(e)(8).
(2) The owner or operator shall determine the annual epoxide
emissions after control. This information shall be submitted as part of
the Notification of Compliance Status, as provided in
Sec. 63.1439(e)(5).
(3) The owner or operator shall comply with the ECO monitoring
provisions in Sec. 63.1427(i).
(4) The owner or operator shall comply with the ECO recordkeeping
and reporting requirements in Sec. 63.1427(j) and (k).
(f) Compliance with epoxide emission factor limitation without
using extended cookout or a combustion, recovery, or recapture device.
(1) The owner or operator shall notify the Agency of the intent to
comply with the epoxide emission factor limitation in
Sec. 63.1425(b)(1)(iii) or (b)(2)(iv) without the use of ECO or a
combustion, recovery, or recapture device. The owner or operator shall
prepare an estimate of the annual epoxide emissions. This notification
and emission estimate shall be submitted in the Precompliance Report as
specified in Sec. 63.1439(e)(4), or in the operating permit
application, as allowed in Sec. 63.1439(e)(8).
(2) Each year after the compliance date, the owner or operator
shall calculate the epoxides emission factor for the previous year.
This information shall be submitted in the second Periodic Report
submitted each year, as specified in Sec. 63.1439(e)(6).
Sec. 63.1432 Storage vessel provisions.
(a) For each storage vessel located at an affected source, the
owner or operator shall comply with the HON storage vessel requirements
of Secs. 63.119 through 63.123 and the HON leak inspection provisions
in Sec. 63.148, with the differences noted in paragraphs (b) through
(p) of this section, for the purposes of this subpart.
(b) When the term ``storage vessel'' is used in the HON storage
vessel requirements in Secs. 63.119 through 63.123, the definition of
this term in Sec. 63.1423 shall apply for the purposes of this subpart.
(c) When the term ``Group 1 storage vessel'' is used in the HON
storage vessel requirements in Secs. 63.119 through 63.123, the
definition of this term in Sec. 63.1423 shall apply for the purposes of
this subpart.
(d) When the term ``Group 2 storage vessel'' is used in the HON
storage vessel requirements in Secs. 63.119 through 63.123, the
definition of this term in Sec. 63.1423 shall apply for the purposes of
this subpart.
(e) When the HON storage vessel requirements in Sec. 63.119 refer
to ``December 31, 1992,'' the phrase ``September 4, 1997'' shall apply
instead, for the purposes of this subpart.
(f) When the HON storage vessel requirements in Sec. 63.119 refer
to ``April 22, 1994,'' the phrase ``June 1, 1999,'' shall apply
instead, for the purposes of this subpart.
(g) The owner or operator of an affected source shall comply with
this paragraph instead of Sec. 63.120(d)(1)(ii) for the purposes of
this subpart. If the combustion, recovery, or recapture device used to
comply with Sec. 63.119(e) is also used to comply with any of the
requirements found in Secs. 63.1425 through 63.1431 and/or
Sec. 63.1433, the performance test required in or accepted by
Secs. 63.1425 through 63.1431 and/or Sec. 63.1433 is acceptable for
demonstrating compliance with the HON storage vessel requirements in
Sec. 63.119(e), for the purposes of this subpart. The owner or operator
will not be required to prepare a design evaluation for the combustion,
recovery, or recapture device as described in Sec. 63.120(d)(1)(i), if
the performance test meets the criteria specified in paragraphs (g)(1)
and (2) of this section.
(1) The performance test demonstrates that the combustion,
recovery, or recapture device achieves greater than or equal to the
required control efficiency specified in the HON storage vessel
requirements in Sec. 63.119(e)(1) or (2), as applicable; and
(2) The performance test is submitted as part of the Notification
of Compliance Status required by Sec. 63.1439(e)(5).
(h) When the HON storage vessel requirements in
Sec. 63.120(d)(3)(i) uses the term ``operating range,'' the term
``level,'' shall apply instead, for the purposes of this subpart.
(i) For purposes of this subpart, the monitoring plan required by
the HON storage vessel requirements in Sec. 63.120(d)(2) shall specify
for which combustion, recovery, or recapture device the owner or
operator has selected to follow the procedures for continuous
monitoring specified in Sec. 63.1438. For the combustion, recovery, or
recapture device(s) for which the owner or operator has selected not to
follow the procedures for continuous monitoring specified in
Sec. 63.1438, the monitoring plan shall include a description of the
parameter(s) to be monitored to ensure that the combustion, recovery,
or recapture device is being properly operated and maintained, an
explanation of the criteria used for selection of that parameter(s),
and the frequency with which monitoring will be performed (e.g., when
the liquid level in the storage vessel is being raised), as specified
in Sec. 63.120(d)(2)(i).
(j) For purposes of this subpart, the monitoring plan required by
Sec. 63.122(b) shall be included in the Notification of Compliance
Status required by Sec. 63.1439(e)(5).
(k) When the HON Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122,
and 63.123, the Notification of Compliance Status requirements
contained in Sec. 63.1439(e)(5) shall apply for the purposes of this
subpart.
(l) When the HON Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Secs. 63.120, 63.122, and 63.123, the
Periodic Report requirements contained in Sec. 63.1439(e)(6) shall
apply for the purposes of this subpart.
(m) When other reports as required in Sec. 63.152(d) are referred
to in Sec. 63.122, the reporting requirements contained in
Sec. 63.1439(e)(7) shall apply for the purposes of this subpart.
(n) When the HON Initial Notification requirements contained in
Sec. 63.151(b) are referred to in Sec. 63.119 through Sec. 63.123, the
owner or operator shall comply with the Initial Notification
requirements contained in Sec. 63.1439(e)(3), for the purposes of this
subpart.
(o) When the determination of equivalence criteria in
Sec. 63.102(b) are referred to in the HON storage vessel requirements
in Sec. 63.121(a), the General Provisions' alternative nonopacity
emission provisions in Sec. 63.6(g) shall apply for the purposes of
this subpart.
(p) The compliance date for storage vessels at affected sources
subject to the provisions of this section is specified in Sec. 63.1422.
(q) In addition to the records required by Sec. 63.123, the owner
or operator shall maintain records of all times when the storage tank
is being filled (i.e., when the liquid level in the storage vessel is
being raised). These records shall consist of documentation of the time
when each filling period begins and ends.
Sec. 63.1433 Wastewater provisions.
(a) Process wastewater. Except as specified in paragraph (c) of
this section, the owner or operator of each
[[Page 29468]]
affected source shall comply with the HON wastewater requirements in
Secs. 63.132 through 63.147 for each process wastewater stream
originating at an affected source, with the HON leak inspection
requirements in Sec. 63.148, and with the HON requirements in
Sec. 63.149 for equipment that is subject to Sec. 63.149, with the
differences noted in paragraphs (a)(1) through (20) of this section.
Further, the owner or operator of each affected source shall comply
with the requirements of Sec. 63.105(a) for maintenance wastewater, as
specified in paragraph (b) of this section.
(1) Owners and operators of affected sources are not required to
comply with the HON new source wastewater requirements in
Sec. 63.132(b)(1) and Sec. 63.132(d), for the purposes of this subpart.
Owners or operators of all new affected sources, as defined in this
subpart, shall comply with the HON requirements for existing sources in
Secs. 63.132 through 63.149.
(2) When the HON requirements in Secs. 63.132 through 63.149 refer
to Table 9 or Table 36 of 40 CFR part 63, subpart G, the owner or
operator is only required to consider organic HAP listed in Table 9 or
Table 36 of 40 CFR part 63, subpart G, that are also listed on Table 4
of this subpart, for the purposes of this subpart. Owners and operators
are exempt from all requirements in Secs. 63.132 through 63.149 that
pertain solely and exclusively to organic HAP listed on Table 8 of 40
CFR part 63, subpart G. In addition, when Secs. 63.132 through 63.149
refer to List 1 or List 2, as listed in Table 36 of 40 CFR part 63,
subpart G, the owner or operator is only required to consider organic
HAP contained in those lists that are also listed on Table 4 of this
subpart, for the purposes of this subpart.
(3) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the
General Provisions' alternative nonopacity emission standard provisions
in Sec. 63.6(g) shall apply for the purposes of this subpart.
(4) When the HON storage vessel requirements contained in
Secs. 63.119 through 63.123 are referred to in Secs. 63.132 through
63.148, the HON storage vessel requirements in Secs. 63.119 through
63.123 are applicable, with the exception of the differences referred
to in the storage vessel requirements in Sec. 63.1432, for the purposes
of this subpart.
(5) When the HON process wastewater reporting requirements in
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(g) or Sec. 63.152(e), the owner or operator requesting to
monitor alternative parameters shall follow the procedures specified in
Sec. 63.1439(f), for the purposes of this subpart.
(6) When the HON process wastewater recordkeeping requirements in
Sec. 63.147(d) require the owner or operator to keep records of the
daily average value of each continuously monitored parameter for each
operating day as specified in the HON recordkeeping provisions in
Sec. 63.152(f), the owner or operator shall instead keep records of the
daily average value of each continuously monitored parameter as
specified in Sec. 63.1439(d), for the purposes of this subpart.
(7) When the HON requirements in Secs. 63.132 through 63.149 refer
to an ``existing source,'' the term ``existing affected source,'' as
defined in Sec. 63.1420(a)(3) shall apply, for the purposes of this
subpart.
(8) When the HON requirements in Secs. 63.132 through 63.149 refer
to a ``new source,'' the term ``new affected source,'' as defined in
Sec. 63.1420(a)(4) shall apply, for the purposes of this subpart.
(9) When the HON process wastewater provisions in 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. 63.1422 shall apply, for the purposes of this subpart.
(10) Whenever the HON process wastewater provisions in Secs. 63.132
through 63.147 refer to a Group 1 wastewater stream or a Group 2
wastewater stream, the definitions of these terms contained in
Sec. 63.1423 shall apply, for the purposes of this subpart.
(11) When the HON control requirements for certain liquid streams
in open systems, in Sec. 63.149(d), refer to ``Sec. 63.100(f) of
subpart F,'' the phrase ``Sec. 63.1420(c),'' shall apply for the
purposes of this subpart. In addition, where Sec. 63.149(d) states
``and the item of equipment is not otherwise exempt from controls by
the provisions of subparts A, F, G, or H of this part,'' the phrase
``and the item of equipment is not otherwise exempt from controls by
the provisions of subparts A, F, G, H, or PPP of this part,'' shall
apply for the purposes of this subpart.
(12) When the HON control requirements for certain liquid streams
in open systems, in Sec. 63.149(e) (1) and (2), refer to ``a chemical
manufacturing process unit subject to the new source requirements of 40
CFR 63.100(l) (1) or (2),'' the phrase ``a new affected source as
described in Sec. 63.1420(a)(4),'' shall apply for the purposes of this
subpart.
(13) When the HON Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in the HON process
wastewater provisions in Sec. 63.138 or Sec. 63.146, the Notification
of Compliance Status requirements contained in Sec. 63.1439(e)(5) shall
apply for the purposes of this subpart. In addition, when the HON
process wastewater provisions in Sec. 63.138 or Sec. 63.146 require
that information be reported according to Sec. 63.152(b) in the HON
Notification of Compliance Status, owners or operators of affected
sources shall report the specified information in the Notification of
Compliance Status required by Sec. 63.1439(e)(5), for the purposes of
this subpart.
(14) When the HON Periodic Report requirements contained in
Sec. 63.152(c) are referred to in the HON process wastewater provisions
in Sec. 63.146, the Periodic Report requirements contained in
Sec. 63.1439(e)(6) shall apply for the purposes of this subpart. In
addition, when Sec. 63.146 requires that information be reported in the
HON Periodic Reports required in Sec. 63.152(c), owners or operators of
affected sources shall report the specified information in the Periodic
Reports required in Sec. 63.1439(e)(6), for the purposes of this
subpart.
(15) When the term ``range'' is used in the HON requirements in
Secs. 63.132 through 63.149, the term ``level'' shall be used instead,
for the purposes of this subpart. This level shall be determined using
the procedures specified in parameter monitoring procedures in
Sec. 63.1438.
(16) When the HON process wastewater monitoring and inspection
provisions in Sec. 63.143(f) specify that the owner or operator shall
establish the range that indicates proper operation of the treatment
process or control technique, the owner or operator shall instead
comply with the requirements Sec. 63.1438 (c) or (d) for establishing
parameter level maximums/minimums, for the purposes of this subpart.
(17) When the HON process wastewater provisions in Sec. 63.146(b)
(7) and (8) require that ``the information on parameter ranges
specified in Sec. 63.152(b)(2)'' be reported in the HON Notification of
Compliance Status, owners and operators of affected sources are instead
required to report the information on parameter levels in the
Notification of Compliance Status as specified in
Sec. 63.1439(e)(5)(ii), for the purposes of this subpart.
(18) For the purposes of this subpart, the owner or operator is not
required to comply with the HON process wastewater emission reduction
provisions in Sec. 63.138(g).
[[Page 29469]]
(19) When the provisions of HON process wastewater provisions in
Sec. 63.139(c)(1)(ii), Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall
comply with paragraphs (a)(19) (i) and (ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(20) The owner or operator of a facility which receives a Group 1
wastewater stream, or a residual removed from a Group 1 wastewater
stream, for treatment pursuant to the HON provisions in Sec. 63.132(g)
is subject to the requirements of Sec. 63.132(g), with the differences
identified in this section, and is not subject to the NESHAP from off-
site waste and recovery operations in 40 CFR part 63, subpart DD, with
respect to the received material.
(b) Maintenance wastewater. The owner or operator of each affected
source shall comply with the HON maintenance wastewater requirements in
Sec. 63.105, with the exceptions noted in paragraphs (b) (1), (2), and
(3) of this section.
(1) When the HON maintenance wastewater provisions in
Sec. 63.105(a) refer to ``organic HAPs,'' the definition of ``organic
HAP'' in Sec. 63.1423 shall apply, for the purposes of this subpart.
(2) When the term ``maintenance wastewater'' is used in the HON
maintenance wastewater provisions in Sec. 63.105, the definition of
``maintenance wastewater'' in Sec. 63.1423 shall apply, for the
purposes of this subpart.
(3) When the term ``wastewater'' is used in the HON maintenance
wastewater provisions in Sec. 63.105, the definition of ``wastewater''
in Sec. 63.1423 shall apply, for the purposes of this subpart.
(c) Compliance date. The compliance date for the affected source
subject to the provisions of this section is specified in Sec. 63.1422.
Sec. 63.1434 Equipment leak provisions.
(a) The owner or operator of each affected source shall comply with
the HON equipment leak requirements in 40 CFR part 63, subpart H for
all equipment in organic HAP service, except as specified in paragraphs
(b) through (g) of this section.
(b) The compliance date for the equipment leak provisions in this
section is provided in Sec. 63.1422(d).
(c) Affected sources subject to the HON equipment leak provisions
in 40 CFR part 63, subpart I shall continue to comply with 40 CFR part
63, subpart I until the compliance date specified in Sec. 63.1422.
After the compliance date in Sec. 63.1422, the source shall be subject
to this subpart (40 CFR part 63, subpart PPP), and shall no longer be
subject to 40 CFR part 63, subpart I. However, sources subject to 40
CFR part 63, subpart I that have elected to comply through a quality
improvement program, as specified in the HON quality improvement plans
for valves or pumps in Sec. 63.175 or Sec. 63.176 or both, may elect to
continue these programs without interruption as a means of complying
with this subpart. In other words, becoming subject to this subpart
does not restart or reset the ``compliance clock'' as it relates to
reduced burden earned through a quality improvement program.
(d) When the HON equipment leak Initial Notification requirements
contained in Sec. 63.182(a)(1) and Sec. 63.182(b) are referred to in 40
CFR part 63, subpart H, the owner or operator shall comply with the
Initial Notification requirements contained in Sec. 63.1439(e)(3), for
the purposes of this subpart. The Initial Notification shall be
submitted no later than June 1, 2000 for existing sources, as stated in
Sec. 63.1439(e)(3)(ii)(A).
(e) The HON equipment leak Notification of Compliance Status
required by Sec. 63.182(a)(2) and Sec. 63.182(c) shall be submitted
within 150 days (rather than 90 days) of the applicable compliance date
specified in Sec. 63.1422 for the equipment leak provisions. The
notification may be submitted as part of the Notification of Compliance
Status required by Sec. 63.1439(e)(5).
(f) The Periodic Reports required by Sec. 63.182(a)(3) and
Sec. 63.182(d) may be submitted as part of the Periodic Reports
required by Sec. 63.1439(e)(6).
(g) If specific items of equipment, comprising part of a process
unit subject to this subpart, are managed by different administrative
organizations (e.g., different companies, affiliates, departments,
divisions, etc.), those items of equipment may be aggregated with any
PMPU within the affected source for all purposes under subpart H,
providing there is no delay in achieving the applicable compliance
date.
(h) The phrase ``the provisions of subparts F, I, or PPP of this
part'' shall apply instead of the phrase ``the provisions of subparts F
or I of this part,'' and instead of the phrase ``the provisions of
subpart F or I of this part'' throughout Secs. 63.163 and 63.168, for
the purposes of this subpart. In addition, the phrase ``subparts F, I,
and PPP'' shall apply instead of the phrase ``subparts F and I'' in
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
Sec. 63.1435 Heat exchanger provisions.
(a) The owner or operator of each affected source shall comply with
the requirements of Sec. 63.104 for heat exchange systems, with the
exceptions noted in paragraphs (b) through (e) of this section.
(b) When the term ``chemical manufacturing process unit'' is used
in Sec. 63.104, the term ``polyether polyols manufacturing process
unit'' shall apply for the purposes of this subpart. Further, when the
phrase ``a chemical manufacturing process unit meeting the conditions
of Sec. 63.100(b)(1) through (3) of this subpart, except for chemical
manufacturing process units meeting the condition specified in
Sec. 63.100(c) of this subpart'' is used in Sec. 63.104(a), the term
``PMPU, except for PMPU meeting the conditions specified in
Sec. 63.1420(b)'' shall apply for the purposes of this subpart.
(c) When the HON heat exchange system requirements in
Sec. 63.104(c)(3) and Sec. 63.104(f)(1) specify that the monitoring
plan and records required by Sec. 63.104(f)(1)(i) through (iv) shall be
kept as specified in the HON general compliance, reporting, and
recordkeeping provisions in Sec. 63.103(c), the provisions of the
general recordkeeping and reporting requirements in Sec. 63.1439(a) and
the applicable provisions of the General Provisions in 40 CFR part 63,
subpart A, as specified in Table 1 of this subpart, shall apply for the
purposes of this subpart.
(d) When the HON heat exchange system requirements in
Sec. 63.104(f)(2) require information to be reported in the Periodic
Reports required by the HON general reporting provisions in
Sec. 63.152(c), the owner or operator shall instead report the
information specified in Sec. 63.104(f)(2) in the Periodic Reports
required by the general reporting requirements in Sec. 63.1439(e)(6),
for the purposes of this subpart.
(e) When the HON heat exchange system requirements in Sec. 63.104
refer to Table 4 of 40 CFR part 63, subpart F or Table 9 of 40 CFR part
63, subpart G, the owner or operator is only required to consider
organic HAP listed in Table 4
[[Page 29470]]
of 40 CFR part 63, subpart F or 40 CFR part 63, Table 9 of subpart G
that are also listed on Table 4 of this subpart, for the purposes of
this subpart.
Sec. 63.1436 [Reserved]
Sec. 63.1437 Additional requirements for performance testing.
(a) Performance testing shall be conducted in accordance with
Sec. 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h),
with the exceptions specified in paragraphs (a)(1) through (4) of this
section and the additions specified in paragraph (b) of this section.
(1) Performance tests shall be conducted according to the General
Provisions' performance testing requirements in Sec. 63.7(e)(1) and
(2), except that for all emission sources except process vents from
batch unit operations, performance tests shall be conducted during
maximum representative operating conditions for the process achievable
during one of the time periods described in paragraph (a)(1)(i) of this
section, without causing any of the situations described in paragraph
(a)(1)(ii) or (iii) of this section to occur. For process vents from
batch unit operations, performance tests shall be conducted at absolute
worst-case conditions, as defined in Sec. 63.1426(c)(3)(i)(B), that are
achievable during one of the time periods described in paragraph
(a)(1)(i) of this section, without causing any of the situations
described in paragraph (a)(1)(ii) or (iii) of this section to occur.
(i) The 6-month period that ends 2 months before the Notification
of Compliance Status is due, according to Sec. 63.1439(e)(5); or the 6-
month period that begins 3 months before the performance test and ends
3 months after the performance test.
(ii) Causing damage to equipment; necessitating that the owner or
operator make a product that does not meet an existing specification
for sale to a customer; or necessitating that the owner or operator
make a product in excess of demand.
(iii) Causing plant or testing personnel to be subject to unsafe
conditions. Owners or operators that limit testing based on this
paragraph shall maintain documentation that demonstrates the nature of
the unsafe conditions and explains measures considered by the owner or
operator to overcome these conditions. If requested, this documentation
shall be provided to the Administrator.
(2) When the General Provisions' data analysis, recordkeeping, and
reporting requirements in Sec. 63.7(g) refer to the Notification of
Compliance Status requirements in Sec. 63.9(h), the Notification of
Compliance Status requirements in Sec. 63.1439(e)(5) shall instead
apply, for the purposes of this subpart.
(3) Because the General Provisions' site-specific test plan in
Sec. 63.7(c)(3) is not required, the General Provisions' requirement
for the Administrator to approve or deny site-specific test plans, in
Sec. 63.7(h)(4)(ii), is not applicable for the purposes of this
subpart.
(4) The owner or operator of an affected source shall provide the
Administrator at least 30 days prior notice of any performance test,
except as specified under other subparts, to afford the Administrator
the opportunity to have an observer present. If after 30 days notice
for an initially scheduled performance test, there is a delay (due to
operational problems, etc.) in conducting the scheduled performance
test, the owner or operator of an affected source shall notify the
Administrator (or delegated State or local agency) as soon as possible
of any delay in the original test date, either by providing at least 7
days prior notice of the rescheduled test date of the performance test,
or by arranging a rescheduled date with the Administrator (or delegated
State or local agency) by mutual agreement.
(b) Data shall be reduced in accordance with the EPA approved
methods specified in the applicable subpart or, if other test methods
are used, the data and methods shall be validated according to the
protocol in Method 301, 40 CFR part 63, appendix A.
(c) Notwithstanding any other provision of this subpart, if an
owner or operator of an affected source uses a flare to comply with any
of the requirements of this subpart, the owner or operator shall comply
with paragraphs (c)(1) through (3) of this section. The owner or
operator is not required to conduct a performance test to determine
percent emission reduction or outlet organic HAP or TOC concentration.
If a compliance demonstration has been conducted previously for a
flare, using the techniques specified in paragraphs (c)(1) through (3)
of this section, that compliance demonstration may be used to satisfy
the requirements of this paragraph if either no deliberate process
changes have been made since the compliance demonstration, or the
results of the compliance demonstration reliably demonstrate compliance
despite process changes.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4) of the General Provisions;
(2) Determine the net heating value of the gas being combusted,
using the techniques specified in Sec. 63.11(b)(6) of the General
Provisions; and
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where
applicable) or Sec. 63.11(b)(8) of the General Provisions, as
appropriate.
Sec. 63.1438 Parameter monitoring levels and excursions.
(a) Establishment of parameter monitoring levels. The owner or
operator of a combustion, recovery, or recapture device that has one or
more parameter monitoring level requirements specified under this
subpart shall establish a maximum or minimum level for each measured
parameter. If a performance test is required by this subpart for a
combustion, recovery, or recapture device, the owner or operator shall
use the procedures in either paragraph (b) or (c) of this section to
establish the parameter monitoring level(s). If a performance test is
not required by this subpart for a combustion, recovery, or recapture
device, the owner or operator may use the procedures in paragraph (b),
(c), or (d) of this section to establish the parameter monitoring
levels. When using the procedures specified in paragraph (c) or (d) of
this section, the owner or operator shall submit the information
specified in Sec. 63.1439(e)(4)(viii) for review and approval, as part
of the Precompliance Report.
(1) The owner or operator shall operate combustion, recovery, and
recapture devices such that the daily average value of monitored
parameters remains at or above the minimum established level, or
remains at or below the maximum established level, except as otherwise
provided in this subpart.
(2) As specified in Sec. 63.1439(e)(5)(ii), all established levels,
along with their supporting documentation and the definition of an
operating day, shall be submitted as part of the Notification of
Compliance Status.
(3) Nothing in this section shall be construed to allow a
monitoring parameter excursion caused by an activity that violates
other applicable provisions of 40 CFR part 63, subparts A, F, G, or H.
(b) Establishment of parameter monitoring levels based exclusively
on performance tests. In cases where a performance test is required by
this subpart, or the owner or operator of the affected source elects to
do a performance test in accordance with the provisions of this
subpart, and an owner or operator elects to establish a
[[Page 29471]]
parameter monitoring level for a combustion, recovery, or recapture
device based exclusively on parameter values measured during the
performance test, the owner or operator of the affected source shall
comply with the procedures in paragraph (b)(1) or (2) of this section,
as applicable.
(1) Process vents from continuous unit operations. During initial
compliance testing, the appropriate parameter shall be continuously
monitored during the required 1-hour runs for process vents from
continuous unit operations. The monitoring level(s) shall then be
established as the average of the maximum (or minimum) point values
from the three 1-hour test runs. The average of the maximum values
shall be used when establishing a maximum level, and the average of the
minimum values shall be used when establishing a minimum level.
(2) Process vents from batch unit operations. For process vents
from batch unit operations, during initial compliance testing, the
appropriate parameter shall be monitored continuously during the entire
test period. The monitoring level(s) shall be those established during
from the compliance test.
(c) Establishment of parameter monitoring levels based on
performance tests, supplemented by engineering assessments and/or
manufacturer's recommendations. Parameter monitoring levels established
under this paragraph shall be based on the parameter values measured
during the performance test supplemented by engineering assessments
and/or manufacturer's recommendations. Performance testing is not
required to be conducted over the entire range of expected parameter
values. The information specified in paragraphs (c)(1) and (2) of this
section shall be provided in the Notification of Compliance Status.
(1) The specific level of the monitored parameter(s) for each
emission point.
(2) The rationale for the specific level for each parameter for
each emission point, including any data and calculations used to
develop the level and a description of why the level indicates proper
operation of the combustion, recovery, or recapture device.
(d) Establishment of parameter monitoring based on engineering
assessments and/or manufacturer's recommendations. If a performance
test is not required by this subpart for a combustion, recovery, or
recapture device, the maximum or minimum level may be based solely on
engineering assessments and/or manufacturers' recommendations. As
required in paragraph (a)(2) of this section, the determined level and
all supporting documentation shall be provided in the Notification of
Compliance Status.
(e) Monitoring violations. (1) With the exception of excursions
excused in accordance with paragraph (g) of this section, each
excursion, as defined in paragraphs (f)(1)(i), (f)(2)(i)(A),
(f)(2)(ii), (f)(3)(i), and (f)(4) of this section, constitutes a
violation of the provisions of this subpart in accordance with
paragraph (e)(1)(i), (ii), or (iii) of this section.
(i) For each condenser, each excursion constitutes a violation of
the emission limit.
(ii) For each recovery or recapture device other than a condenser,
where an organic monitoring device is used to monitor concentration,
each excursion constitutes a violation of the emission limit.
(iii) For each combustion, recovery, or recapture device other than
a condenser, each excursion constitutes a violation of the operating
limit.
(2) With the exception of excursions excused in accordance with
paragraph (g) of this section, each excursion, as defined in paragraphs
(f)(1)(ii), (f)(1)(iii), (f)(2)(i)(B), and (f)(3)(ii) of this section
constitutes a violation of the operating limit.
(f) Parameter monitoring excursion definitions. Parameter
monitoring excursions are defined in paragraphs (f)(1) through (3) of
this section.
(1) With respect to storage vessels (where the applicable
monitoring plan specifies continuous monitoring), process vents from
continuous unit operations using combustion, recovery, or recapture
devices for purposes of compliance, and for process wastewater streams,
an excursion means any of the three cases listed in paragraphs
(f)(1)(i) through (iii) of this section.
(i) The daily average value of one or more monitored parameters is
above the maximum level or below the minimum level established for the
given parameters.
(ii) The period of combustion, recovery, or recapture device
operation, with the exception noted in paragraph (f)(1)(v) of this
section, is 4 hours or greater in an operating day and monitoring data
are insufficient, as defined in paragraph (f)(1)(iv) of this section,
to constitute a valid hour of data for at least 75 percent of the
operating hours.
(iii) The period of combustion, recovery, or recapture device
operation, with the exception noted in paragraph (f)(1)(v) of this
section, is less than 4 hours in an operating day and more than 2 of
the hours during the period of operation do not constitute a valid hour
of data due to insufficient monitoring data, as defined in paragraph
(f)(1)(iv) of this section.
(iv) Monitoring data are insufficient to constitute a valid hour of
data, as used in paragraphs (f)(1)(ii) and (iii) of this section, if
measured values are unavailable due to monitoring system breakdowns,
repairs, calibrated checks, or zero (low-level) and high level
adjustments, for any of the 15-minute periods within the hour. For data
compression systems approved under Sec. 63.1439(g)(3), monitoring data
are insufficient to calculate a valid hour of data if there are less
than four data measurements made during the hour.
(v) The periods listed in paragraphs (f)(1)(v)(A) through (D) of
this section are not considered to be part of the period of combustion,
recovery, or recapture device operation, for the purposes of paragraphs
(f)(1)(ii) and (iii) of this section.
(A) Start-ups;
(B) Shutdowns;
(C) Malfunctions; or
(D) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(2) For storage vessels where the applicable monitoring plan does
not specify continuous monitoring, an excursion is defined in paragraph
(f)(2)(i) or (ii) of this section, as applicable.
(i) If the monitoring plan specifies monitoring a parameter and
recording its value at specific intervals (such as every 15 minutes or
every hour), either of the cases listed in paragraph (f)(2)(i)(A) or
(B) of this section is considered a single excursion for the combustion
device.
(A) When the average value of one or more parameters, averaged over
the time during which the storage vessel is being filled (i.e., when
the liquid level in the storage vessel is being raised), is above the
maximum level or below the minimum level established for the given
parameters.
(B) When monitoring data are insufficient. Monitoring data shall be
considered insufficient when measured values are not available, due to
monitoring system breakdowns, repairs, calibration checks, or zero
(low-level) and high-level adjustments, for at least 75 percent of the
specific intervals at which parameters are to be monitored and
recorded, according to the storage vessel's monitoring plan, during
which the storage vessel is being filled.
(ii) If the monitoring plan does not specify monitoring a parameter
and
[[Page 29472]]
recording its value at specific intervals (for example, if the relevant
operating requirement is to exchange a disposable carbon canister
before expiration of its rated service life), the monitoring plan shall
define an excursion in terms of the relevant operating requirement.
(3) With respect to process vents from batch unit operations, an
excursion means one of the two cases listed in paragraphs (f)(3)(i) and
(ii) of this section.
(i) When the daily average value of one or more monitored
parameters is above the maximum or below the minimum established level
for the given parameters.
(ii) When monitoring data are insufficient for an operating day.
Monitoring data shall be considered insufficient when measured values
are not available, due to monitoring system breakdowns, repairs,
calibration checks, or zero (low-level) and high-level adjustments, for
at least 75 percent of the 15-minute periods when batch emission
episodes selected to be controlled are being vented to the control
device during the operating day, using the procedures specified in
paragraphs (f)(3)(ii)(A) through (D) of this section.
(A) Determine the total amount of time during the operating day
when batch emission episodes selected to be controlled are being vented
to the control device.
(B) Subtract the time during the periods listed in paragraphs
(f)(3)(ii)(B)(1) through (4) of this section from the total amount of
time determined above in paragraph (f)(3)(ii)(A) of this section, to
obtain the operating time used to determine if monitoring data are
insufficient.
(1) Start-ups;
(2) Shutdowns;
(3) Malfunctions; or
(4) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(C) Determine the total number of 15-minute periods in the
operating time used to determine if monitoring data are insufficient,
as was determined in accordance with paragraph (f)(3)(ii)(B) of this
section.
(D) If measured values are not available for at least 75 percent of
the total number of 15-minute periods determined in paragraph
(f)(3)(ii)(C) of this section, the monitoring data are insufficient for
the operating day.
(4) With respect to process vents using ECO to reduce epoxide
emissions, an excursion means any of the situations described in
Sec. 63.1427(i)(3)(i) through (v). For each excursion, the owner or
operator shall be deemed out of compliance with the provisions of this
subpart, in accordance with paragraph (e) of this section, except as
provided in paragraph (g) of this section.
(g) Excused excursions. A number of excused excursions shall be
allowed for each combustion, recovery, or recapture device for each
semiannual period. The number of excused excursions for each semiannual
period is specified in paragraphs (g)(1) through (6) of this section.
This paragraph applies to affected sources required to submit Periodic
Reports semiannually or quarterly. The first semiannual period is the
6-month period starting the date the Notification of Compliance Status
is due.
(1) For the first semiannual period--six excused excursions.
(2) For the second semiannual period--five excused excursions.
(3) For the third semiannual period--four excused excursions.
(4) For the fourth semiannual period--three excused excursions.
(5) For the fifth semiannual period--two excused excursions.
(6) For the sixth and all subsequent semiannual periods--one
excused excursion.
Sec. 63.1439 General recordkeeping and reporting provisions.
(a) Data retention. Unless otherwise specified in this subpart, the
owner or operator of an affected source shall keep copies of all
applicable records and reports required by this subpart for at least 5
years. All applicable records shall be maintained in such a manner that
they can be readily accessed. The most recent 6 months of records shall
be retained on site or shall be accessible from a central location by
computer or other means that provide access within 2 hours after a
request. The remaining 4 and one-half years of records may be retained
offsite. Records may be maintained in hard copy or computer-readable
form including, but not limited to, on microfilm, computer, floppy
disk, magnetic tape, or microfiche. If an owner or operator submits
copies of reports to the applicable EPA Regional Office, the owner or
operator is not required to maintain copies of reports. If the EPA
Regional Office has waived the requirement of Sec. 63.10(a)(4)(ii) for
submittal of copies of reports, the owner or operator is not required
to maintain copies of reports.
(b) Subpart A requirements. The owner or operator of an affected
source shall comply with the applicable recordkeeping and reporting
requirements in 40 CFR part 63, subpart A (the General Provisions) as
specified in Table 1 of this subpart. These requirements include, but
are not limited to, the requirements specified in paragraphs (b)(1) and
(2) of this section.
(1) Start-up, shutdown, and malfunction plan. The owner or operator
of an affected source shall develop and implement a written start-up,
shutdown, and malfunction plan as specified in the General Provisions'
requirements for a Startup, Shutdown, and Malfunction Plan in
Sec. 63.6(e)(3). This plan shall describe, in detail, procedures for
operating and maintaining the affected source during periods of start-
up, shutdown, and malfunction and a program for corrective action for
malfunctioning process and air pollution control equipment used to
comply with this subpart. A provision for ceasing to collect, during a
start-up, shutdown, or malfunction, monitoring data that would
otherwise be required by the provisions of this subpart may be included
in the start-up, shutdown, and malfunction plan only if the owner or
operator has demonstrated to the Administrator, through the
Precompliance Report or a supplement to the Precompliance Report, that
the monitoring system would be damaged or destroyed if it were not shut
down during the start-up, shutdown, or malfunction. The owner or
operator of the affected source shall keep the start-up, shutdown, and
malfunction plan on site. In addition, if the start-up, shutdown, and
malfunction plan is revised, the owner or operator shall keep previous
(i.e., superseded) versions of the start-up, shutdown, and malfunction
plan for a period of 5 years after each revision to the plan. If the
new version of the start-up, shutdown, and malfunction plan includes a
provision for ceasing to collect, during a start-up, shutdown, or
malfunction, monitoring data that would otherwise be required, the
owner or operator shall submit a supplement to the Precompliance Report
to the Administrator for the Administrator's approval, documenting that
the monitoring system would be damaged or destroyed if it were not shut
down during the start-up, shutdown, or malfunction. Records associated
with the plan shall be kept as specified in paragraphs (b)(1)(i)(A) and
(B) of this section. Reports related to the plan shall be submitted as
specified in paragraph (b)(1)(ii) of this section.
(i) The owner or operator shall keep the records specified in
paragraphs (b)(1)(i)(A) and (B) of this section.
(A) Records of the occurrence and duration of each start-up,
shutdown,
[[Page 29473]]
and malfunction of operation of process equipment or combustion,
recovery, or recapture devices or continuous monitoring systems used to
comply with this subpart during which excess emissions (as defined in
Sec. 63.1420(h)(4)) occur.
(B) For each start-up, shutdown, or malfunction during which excess
emissions (as defined in Sec. 63.1420(h)(4)) occur, records reflecting
whether the procedures specified in the affected source's start-up,
shutdown, and malfunction plan were followed, and documentation of
actions taken that are not consistent with the plan. For example, if a
start-up, shutdown, and malfunction plan includes procedures for
routing a combustion, recovery, or recapture device to a backup
combustion, recovery, or recapture device, records shall be kept of
whether the plan was followed. These records may take the form of a
``checklist,'' or other form of recordkeeping that confirms conformance
with the start-up, shutdown, and malfunction plan for the event.
(ii) For the purposes of this subpart, the semiannual start-up,
shutdown, and malfunction reports shall be submitted on the same
schedule as the Periodic Reports required under paragraph (e)(6) of
this section instead of according to the General Provisions' Periodic
Reporting schedule specified in Sec. 63.10(d)(5)(i). The reports shall
include the information specified in paragraphs (b)(1)(i)(A) and (B) of
this section and shall contain the name, title, and signature of the
owner or operator or other responsible official who is certifying its
accuracy.
(2) Application for approval of construction or reconstruction. For
new affected sources, the owner or operator shall comply with the
General Provisions' requirements for the application for approval of
construction or reconstruction, as specified in Sec. 63.5, excluding
the provisions specified in Sec. 63.5(d)(1)(ii)(H), (d)(1)(iii),
(d)(2), and (d)(3)(ii).
(c) Subpart H requirements. The owner or operator of an affected
source shall comply with the HON equipment leak reporting and
recordkeeping requirements in 40 CFR part 63, subpart H, except as
specified in Sec. 63.1434(b) through (g).
(d) Recordkeeping and documentation. The owner or operator required
to keep continuous records shall keep records as specified in
paragraphs (d)(1) through (7) of this section, unless an alternative
recordkeeping system has been requested and approved as specified in
paragraph (g) of this section, and except as provided in paragraph (h)
of this section. If a monitoring plan for storage vessels pursuant to
Sec. 63.1432(i) requires continuous records, the monitoring plan shall
specify which provisions, if any, of paragraphs (d)(1) through (7) of
this section apply. As described in Sec. 63.1432(i), certain storage
vessels are not required to keep continuous records as specified in
this paragraph. The owner or operator of such storage vessels shall
keep records as specified in the monitoring plan required by
Sec. 63.1432(i).
(1) The monitoring system shall measure data values at least once
during approximately equal 15-minute intervals.
(2) The owner or operator shall record either each measured data
value or block average values for 1 hour or shorter periods calculated
from all measured data values during each period. If values are
measured more frequently than once per minute, a single value for each
minute may be used to calculate the hourly (or shorter period) block
average instead of all measured values. The owner or operator of
process vents from batch unit operations shall record each measured
data value.
(3) Daily average values of each continuously monitored parameter
shall be calculated for each operating day as specified in paragraphs
(d)(3)(i) through (ii) of this section, except as specified in
paragraphs (d)(6) and (7) of this section.
(i) The daily average value shall be calculated as the average of
all parameter values recorded during the operating day, except as
specified in paragraph (d)(7) of this section. The calculated average
shall cover a 24-hour period if operation is continuous. If
intermittent emissions episodes occur resulting in emissions being
vented to a combustion, recapture, or recovery device for a period of
less than 24 hours in the operating day, the daily average shall be
calculated based only on the period when emissions are being vented to
the combustion, recapture, or recovery device. For example, if a batch
unit operation operates such that emissions are vented to a combustion
device for 6 hours, then the daily average is the average of the
temperature measurements taken during those 6 hours.
(ii) The operating day shall be the 24-hour period that the owner
or operator specifies in the operating permit or the Notification of
Compliance Status, for purposes of determining daily average values.
(4) [Reserved]
(5) [Reserved]
(6) If all recorded values for a monitored parameter during an
operating day are above the minimum level or below the maximum level
established in the Notification of Compliance Status or operating
permit, the owner or operator may record that all values were above the
minimum level or below the maximum level rather than calculating and
recording a daily average for that operating day.
(7) Monitoring data recorded during periods identified in
paragraphs (d)(7)(i) through (v) of this section shall not be included
in any average computed under this subpart. Records shall be kept of
the times and durations of all such periods and any other periods
during process or combustion, recovery, or recapture device operation
when monitors are not operating.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions; or
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(8) For continuous monitoring systems used to comply with this
subpart, records documenting the completion of calibration checks, and
records documenting the maintenance of continuous monitoring systems
that are specified in the manufacturer's instructions or that are
specified in other written procedures that provide adequate assurance
that the equipment would reasonably be expected to monitor accurately.
(9) The owner or operator of an affected source granted a waiver of
recordkeeping or reporting requirements under the General Provisions'
recordkeeping and reporting requirements in Sec. 63.10(f) shall
maintain the information, if any, specified by the Administrator as a
condition of the waiver of recordkeeping or reporting requirements.
(e) Reporting and notification. In addition to the reports and
notifications required by 40 CFR part 63, subpart A, as specified in
this subpart, the owner or operator of an affected source shall prepare
and submit the reports listed in paragraphs (e)(3) through (8) of this
section, as applicable. All reports required by this subpart, and the
schedule for their submittal, are listed in Table 8 of this subpart.
(1) Violation of reporting requirements. Owners and operators shall
not be in violation of the reporting requirements of this paragraph (e)
for failing to submit information required to
[[Page 29474]]
be included in a specified report if the owner or operator meets the
requirements in paragraphs (e)(1)(i) through (iii) of this section.
Examples of circumstances where this paragraph may apply include
information related to newly-added equipment or emission points,
changes in the process, changes in equipment required or utilized for
compliance with the requirements of this subpart, or changes in methods
or equipment for monitoring, recordkeeping, or reporting.
(i) The information was not known in time for inclusion in the
report specified by this subpart.
(ii) The owner or operator has been diligent in obtaining the
information.
(iii) The owner or operator submits a report according to the
provisions of paragraphs (e)(1)(iii)(A) through (C) of this section.
(A) If this subpart expressly provides for supplements to the
report in which the information is required, the owner or operator
shall submit the information as a supplement to that report. The
information shall be submitted no later than 60 days after it is
obtained, unless otherwise specified in this subpart.
(B) If this subpart does not expressly provide for supplements, but
the owner or operator must submit a request for revision of an
operating permit pursuant to the State operating permit programs in
part 70 or the Federal operating permit programs in part 71, due to
circumstances to which the information pertains, the owner or operator
shall submit the information with the request for revision to the
operating permit.
(C) In any case not addressed by paragraph (e)(1)(iii)(A) or (B) of
this section, the owner or operator shall submit the information with
the first Periodic Report, as required by this subpart, which has a
submission deadline at least 60 days after the information is obtained.
(2) Submittal of reports. All reports required under this subpart
shall be sent to the Administrator at the applicable address listed in
the General Provisions' list of addresses of State air pollution
control agencies and EPA Regional Offices, in Sec. 63.13. If acceptable
to both the Administrator and the owner or operator of a source,
reports may be submitted on electronic media.
(3) Initial Notification. The owner or operator of an existing or
new affected source shall submit a written Initial Notification to the
Administrator, containing the information described in paragraph
(e)(3)(i) of this section, according to the schedule in paragraph
(e)(3)(ii) of this section. The General Provisions' Initial
Notification requirements in Sec. 63.9(b)(2), (3), and (6) shall not
apply, for the purposes of this subpart.
(i) The Initial Notification shall include the following
information:
(A) The name and address of the owner or operator;
(B) The address (physical location) of the affected source;
(C) An identification of the kinds of emission points within the
affected source;
(D) An identification of the relevant standard, or other
requirement, that is the basis of the notification and the source's
compliance date; and
(E) A statement of whether or not the affected source is a major
source.
(ii) The Initial Notification shall be submitted according to the
schedule in paragraph (e)(3)(ii)(A), (B), or (C) of this section, as
applicable.
(A) For an existing source, the Initial Notification shall be
submitted no later than June 1, 2000.
(B) For a new source that has an initial start-up on or after
August 30, 1999, the application for approval of construction or
reconstruction required by the General Provisions in Sec. 63.5(d) shall
be submitted in lieu of the Initial Notification. The application shall
be submitted as soon as practical before construction or reconstruction
is planned to commence (but it need not be sooner than August 30,
1999).
(C) For a new source that has an initial start-up prior to August
30, 1999, the Initial Notification shall be submitted no later than
August 30, 1999. The application for approval of construction or
reconstruction described in the General Provisions' requirements in
Sec. 63.5(d) is not required for these sources.
(4) Precompliance Report. The owner or operator of an affected
source requesting an extension for compliance; requesting approval to
use alternative monitoring parameters, alternative continuous
monitoring and recordkeeping, or alternative controls; requesting
approval to incorporate a provision for ceasing to collect monitoring
data, during a start-up, shutdown, or malfunction, into the start-up,
shutdown, and malfunction plan, when that monitoring equipment would be
damaged if it did not cease to collect monitoring data, as permitted
under Sec. 63.1420(h)(3); or requesting approval to establish parameter
monitoring levels according to the procedures contained in
Sec. 63.1438(c) or (d) shall submit a Precompliance Report according to
the schedule described in paragraph (e)(4)(i) of this section. The
Precompliance Report shall contain the information specified in
paragraphs (e)(4)(ii) through (viii) of this section, as appropriate.
(i) The Precompliance Report shall be submitted to the
Administrator no later than 12 months prior to the compliance date.
Unless the Administrator objects to a request submitted in the
Precompliance Report within 45 days after its receipt, the request
shall be deemed approved. For new affected sources, the Precompliance
Report shall be submitted to the Administrator with the application for
approval of construction or reconstruction required in paragraph (b)(2)
of this section. Supplements to the Precompliance Report may be
submitted as specified in paragraph (e)(4)(vii) of this section.
(ii) A request for an extension for compliance, as specified in
Sec. 63.1422(e), may be submitted in the Precompliance Report. The
request for a compliance extension shall include the data outlined in
the General Provisions' compliance requirements in
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.1422(e)(1).
(iii) The alternative monitoring parameter information required in
paragraph (f) of this section shall be submitted in the Precompliance
Report if, for any emission point, the owner or operator of an affected
source seeks to comply through the use of a control technique other
than those for which monitoring parameters are specified in this
subpart or in 40 CFR part 63, subpart G, or seeks to comply by
monitoring a different parameter than those specified in this subpart
or in 40 CFR part 63, subpart G.
(iv) If the affected source seeks to comply using alternative
continuous monitoring and recordkeeping as specified in paragraph (g)
of this section, the owner or operator shall submit a request for
approval in the Precompliance Report.
(v) The owner or operator shall report the intent to use
alternative controls to comply with the provisions of this subpart in
the Precompliance Report. The Administrator may deem alternative
controls to be equivalent to the controls required by the standard,
under the procedures outlined in the General Provisions' requirements
for use of an alternative nonopacity emission standard, in
Sec. 63.6(g).
(vi) If the owner or operator is requesting approval to incorporate
a provision for ceasing to collect monitoring data, during a start-up,
shutdown, or malfunction, into the start-up, shutdown, and malfunction
plan, when that monitoring equipment would be damaged if it did not
cease to collect monitoring data, the information specified in
paragraphs (e)(4)(vi)(A) and
[[Page 29475]]
(B) of this section shall be supplied in the Precompliance Report or in
a supplement to the Precompliance Report. The Administrator shall
evaluate the supporting documentation and shall approve the request
only if, in the Administrator's judgment, the specific monitoring
equipment would be damaged by the contemporaneous start-up, shutdown,
or malfunction.
(A) Documentation supporting a claim that the monitoring equipment
would be damaged by the contemporaneous start-up, shutdown, or
malfunction; and
(B) A request to incorporate such a provision for ceasing to
collect monitoring data during a start-up, shutdown, or malfunction,
into the start-up, shutdown, and malfunction plan.
(vii) Supplements to the Precompliance Report may be submitted as
specified in paragraph (e)(4)(vii)(A) of this section, or as specified
in paragraph (e)(4)(vii)(B) of this section. Unless the Administrator
objects to a request submitted in a supplement to the Precompliance
Report within 45 days after its receipt, the request shall be deemed
approved.
(A) Supplements to the Precompliance Report may be submitted to
clarify or modify information previously submitted.
(B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(4)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(4)(iv) of
this section; to use alternative controls, as specified in paragraph
(e)(4)(v) of this section; or to include a provision for ceasing to
collect monitoring data during a start-up, shutdown, or malfunction, in
the start-up, shutdown, and malfunction plan, when that monitoring
equipment would be damaged if it did not cease to collect monitoring
data, as specified in paragraph (e)(4)(vi) of this section.
(viii) If an owner or operator establishes parameter monitoring
levels according to the procedures contained in the parameter
monitoring provisions in Sec. 63.1438(c) or (d), the following
information shall be submitted in the Precompliance Report:
(A) Identification of which procedures (i.e., Sec. 63.1438(c) or
(d)) are to be used; and
(B) A description of how the parameter monitoring level is to be
established. If the procedures in Sec. 63.1438(c) are to be used, a
description of how performance test data will be used shall be
included.
(5) Notification of Compliance Status. For existing and new
affected sources, a Notification of Compliance Status shall be
submitted within 150 days after the compliance dates specified in
Sec. 63.1422. For equipment leaks subject to Sec. 63.1434, the owner or
operator shall submit the information specified in the HON equipment
leak Notification of Compliance Status requirements in Sec. 63.182(c),
in the Notification of Compliance Status required by this paragraph.
For all other emission points, including heat exchange systems, the
Notification of Compliance Status shall contain the information listed
in paragraphs (e)(5)(i) through (vii) of this section.
(i) The results of any emission point group determinations, process
section applicability determinations, performance tests, inspections,
continuous monitoring system performance evaluations, any other
information required by the test method to be in the test report used
to demonstrate compliance, values of monitored parameters established
during performance tests, and any other information required to be
included in a Notification of Compliance Status under the requirements
for overlapping regulations in Sec. 63.1422(j), the HON storage vessel
reporting provisions in Sec. 63.122 and the storage vessel provisions
in Sec. 63.1432, and the HON process wastewater reporting provisions in
Sec. 63.146. In addition, the owner or operator shall comply with
paragraphs (e)(5)(i)(A) and (B) of this section.
(A) For performance tests, group determinations, or determination
that controls are needed, the Notification of Compliance Status shall
include one complete test report, as described in paragraph
(e)(5)(i)(B) of this section, for each test method used for a
particular kind of emission point. For additional tests performed for
the same kind of emission point using the same method, the results and
any other information required by the test method to be in the test
report shall be submitted, but a complete test report is not required.
(B) A complete test report shall include a brief process
description, sampling site description, description of sampling and
analysis procedures and any modifications to standard procedures,
quality assurance procedures, record of operating conditions during the
test, record of preparation of standards (if the owner or operator
prepares the standards), record of calibrations, raw data sheets for
field sampling, raw data sheets for field and laboratory analyses,
documentation of calculations, and any other information required by
the test method to be in the test report.
(ii) For each monitored parameter for which a maximum or minimum
level is required to be established under the HON process vent
monitoring requirements in Sec. 63.114(e) and the process vent
monitoring requirements in Sec. 63.1429(d), the HON process wastewater
parameter monitoring requirements in Sec. 63.143(f), paragraph (e)(8)
of this section, or paragraph (f) of this section, the information
specified in paragraphs (e)(5)(ii)(A) through (C) of this section shall
be submitted. Further, as described in the storage vessel provisions in
Sec. 63.1432(k), for those storage vessels for which the parameter
monitoring plan (required to be submitted under the HON Notification of
Compliance Status requirements for storage vessels in
Sec. 63.120(d)(3)) specifies compliance with the parameter monitoring
provisions of Sec. 63.1438, the owner or operator shall provide the
information specified in paragraphs (e)(5)(ii)(A) through (C) of this
section for each monitoring parameter. For those storage vessels for
which the parameter monitoring plan required to be submitted under the
HON Notification of Compliance Status requirements for storage vessels
in Sec. 63.120(d)(2) does not require compliance with the provisions of
Sec. 63.1438, the owner or operator shall provide the information
specified in Sec. 63.120(d)(3) as part of the Notification of
Compliance Status.
(A) The required information shall include the specific maximum or
minimum level of the monitored parameter(s) for each emission point.
(B) The required information shall include the rationale for the
specific maximum or minimum level for each parameter for each emission
point, including any data and calculations used to develop the level
and a description of why the level indicates that the combustion,
recovery, or recapture device is operated in a manner to ensure
compliance with the provisions of this subpart.
(C) The required information shall include a definition of the
affected source's operating day, as specified in paragraph (d)(3)(ii)
of this section, for purposes of determining daily average values of
monitored parameters.
(iii) The determination of applicability for flexible operation
units as specified in Sec. 63.1420(e)(1)(iii).
(iv) The parameter monitoring levels for flexible operation units,
and the basis on which these levels were selected, or a demonstration
that these levels are appropriate at all times, as specified in
Sec. 63.1420(e)(7).
[[Page 29476]]
(v) The results for each predominant use determination made under
Sec. 63.1420(f)(1) through (7), for storage vessels assigned to an
affected source subject to this subpart.
(vi) If any emission point is subject to this subpart and to other
standards as specified in Sec. 63.1422(j), and if the provisions of
Sec. 63.1422(j) allow the owner or operator to choose which testing,
monitoring, reporting, and recordkeeping provisions will be followed,
then the Notification of Compliance Status shall indicate which rule's
requirements will be followed for testing, monitoring, reporting, and
recordkeeping.
(vii) An owner or operator who transfers a Group 1 wastewater
stream or residual removed from a Group 1 wastewater stream for
treatment pursuant to Sec. 63.132(g) shall include in the Notification
of Compliance Status the name and location of the transferee and a
description of the Group 1 wastewater stream or residual sent to the
treatment facility.
(6) Periodic Reports. For existing and new affected sources, the
owner or operator shall submit Periodic Reports as specified in
paragraphs (e)(6)(i) through (viii) of this section. In addition, for
equipment leaks subject to Sec. 63.1434, the owner or operator shall
submit the information specified in the HON periodic reporting
requirements in Sec. 63.182(d), and for heat exchange systems subject
to Sec. 63.1434, the owner or operator shall submit the information
specified in the HON heat exchange system reporting requirements in
Sec. 63.104(f)(2), as part of the Periodic Report required by this
paragraph (e)(6).
(i) Except as specified in paragraphs (e)(6)(viii) of this section,
a report containing the information in paragraph (e)(6)(ii) of this
section or paragraphs (e)(6)(iii) through (vii) of this section, as
appropriate, shall be submitted semiannually no later than 60 days
after the end of each 180-day period. The first report shall be
submitted no later than 240 days after the date the Notification of
Compliance Status is due and shall cover the 6-month period beginning
on the date the Notification of Compliance Status is due. Subsequent
reports shall cover each preceding 6-month period.
(ii) If none of the compliance exceptions in paragraphs (e)(6)(iii)
through (vii) of this section occurred during the 6-month period, the
Periodic Report required by paragraph (e)(6)(i) of this section shall
be a statement that there were no compliance exceptions, as described
in this paragraph, for the 6-month period covered by that report and
that none of the activities specified in paragraphs (e)(6)(iii) through
(vii) of this section occurred during the period covered by that
report.
(iii) For an owner or operator of an affected source complying with
the provisions of Secs. 63.1432 through 63.1433 for any emission point,
Periodic Reports shall include:
(A) All information specified in the HON periodic reporting
requirements in Sec. 63.122(a)(4) for storage vessels and in
Sec. 63.146(c) through Sec. 63.146(f) for process wastewater.
(B) The daily average values of monitored parameters for all
excursions, as defined in Sec. 63.1438(f).
(C) The periods when monitoring data were not collected shall be
specified; and
(D) The information in paragraphs (e)(6)(iii)(D)(1) through (3) of
this section, as applicable:
(1) Notification if a process change is made such that the group
status of any emission point changes from Group 2 to Group 1. The owner
or operator is not required to submit a notification of a process
change if that process change caused the group status of an emission
point to change from Group 1 to Group 2. However, until the owner or
operator notifies the Administrator that the group status of an
emission point has changed from Group 1 to Group 2, the owner or
operator is required to continue to comply with the Group 1
requirements for that emission point. This notification may be
submitted at any time.
(2) Notification if one or more emission points (other than
equipment leak components subject to Sec. 63.1434), or one or more PMPU
is added to an affected source. The owner or operator shall submit the
information contained in paragraphs (e)(6)(iii)(D)(2)(i) and (ii) of
this section.
(i) A description of the addition to the affected source.
(ii) Notification of the group status or control requirement for
the additional emission point or all emission points in the PMPU.
(3) For process wastewater streams sent for treatment pursuant to
Sec. 63.132(g), reports of changes in the identity of the treatment
facility or transferee.
(E) The information in paragraph (b)(1)(ii) of this section for
reports of start-up, shutdown, and malfunction.
(iv) If any performance tests are reported in a Periodic Report,
the following information shall be included:
(A) One complete test report shall be submitted for each test
method used for a particular kind of emission point tested. A complete
test report shall contain the information specified in paragraph
(e)(5)(i)(B) of this section.
(B) For additional tests performed for the same kind of emission
point using the same method, results and any other information required
by the test method to be in the test report shall be submitted, but a
complete test report is not required.
(v) The results for each change made to a primary product
determination for a PMPU made under Sec. 63.1420(e)(3) or (10).
(vi) The results for each reevaluation of the applicability of this
subpart to a storage vessel that begins receiving material from (or
sending material to) a process unit that was not included in the
initial determination, or a storage vessel that ceases to receive
material from (or send material to) a process unit that was included in
the initial determination, in accordance with Sec. 63.1420(f)(8).
(vii) The Periodic Report required by the equipment leak provisions
in Sec. 63.1434(f) shall be submitted as part of the Periodic Report
required by paragraph (e)(6) of this section.
(viii) The owner or operator of an affected source shall submit
quarterly reports for particular emission points and process sections
as specified in paragraphs (e)(6)(viii)(A) through (D) of this section.
(A) The owner or operator of an affected source shall submit
quarterly reports for a period of 1 year for an emission point or
process section if the emission point or process section meets the
conditions in paragraph (e)(6)(viii)(A)(1) or (2) of this section.
(1) A combustion, recovery, or recapture device for a particular
emission point or process section has more excursions, as defined in
Sec. 63.1438(f), than the number of excused excursions allowed under
Sec. 63.1438(g) for a semiannual reporting period; or
(2) The Administrator requests the owner or operator to submit
quarterly reports for that emission point or process section.
(B) The quarterly reports shall include all information specified
in paragraphs (e)(6)(iii) through (vii) of this section, as applicable
to the emission point or process section for which quarterly reporting
is required under paragraph (e)(6)(viii)(A) of this section.
Information applicable to other emission points within the affected
source shall be submitted in the semiannual reports required under
paragraph (e)(6)(i) of this section.
(C) Quarterly reports shall be submitted no later than 60 days
after the end of each quarter.
(D) After quarterly reports have been submitted for an emission
point for 1 year without more excursions occurring
[[Page 29477]]
(during that year) than the number of excused excursions allowed under
Sec. 63.1438(g), the owner or operator may return to semiannual
reporting for the emission point or process section.
(7) Other reports. The notifications of inspections required by the
storage vessel provisions in Sec. 63.1432 shall be submitted, as
specified in the HON storage vessel provisions in Sec. 63.122(h)(1) and
(2), and in paragraphs (e)(7)(i) and (ii) of this section.
(i) When the conditions in the HON storage vessel provisions in
Secs. 63.1420(e)(3)(i) or 63.1420(e)(4)(i) are met, reports of changes
to the primary product for a PMPU or process unit, as required by
Sec. 63.1420(e)(3)(ii) or Sec. 63.1420(g)(3), respectively, shall be
submitted.
(ii) Owners or operators of PMPU or emission points (other than
equipment leak components subject to Sec. 63.1434) that are subject to
provisions for changes or additions to plant sites in
Sec. 63.1420(g)(1) or (2) shall submit a report as specified in
paragraphs (e)(7)(ii)(A) and (B) of this section.
(A) Reports shall include:
(1) A description of the process change or addition, as
appropriate;
(2) The planned start-up date and the appropriate compliance date,
according to Sec. 63.1420(g)(1) or (2); and
(3) Identification of the group status of emission points (except
equipment leak components subject to the requirements in Sec. 63.1434)
specified in paragraphs (e)(7)(ii)(A)(3)(i) through (iii) of this
section, as applicable.
(i) All the emission points in the added PMPU, as described in
Sec. 63.1420(g)(1).
(ii) All the emission points in an affected source designated as a
new affected source under Sec. 63.1420(g)(2)(i).
(iii) All the added or created emission points as described in
Sec. 63.1420(g)(2)(ii).
(4) If the owner or operator wishes to request approval to use
alternative monitoring parameters, alternative continuous monitoring or
recordkeeping, alternative controls, or wishes to establish parameter
monitoring levels according to the procedures contained in
Sec. 63.1438(c) or (d), a Precompliance Report shall be submitted in
accordance with paragraph (e)(7)(ii)(B) of this section.
(B) Reports shall be submitted as specified in paragraphs
(e)(7)(ii)(B)(1) through (3) of this section, as appropriate.
(1) Owners or operators of an added PMPU subject to
Sec. 63.1420(g)(1) shall submit a report no later than 180 days prior
to the compliance date for the PMPU.
(2) Owners or operators of an affected source designated as a new
affected source under Sec. 63.1420(g)(2)(i) shall submit a report no
later than 180 days prior to the compliance date for the affected
source.
(3) Owners and operators of any emission point (other than
equipment leak components subject to Sec. 63.1434) subject to
Sec. 63.1420(g)(2)(ii) shall submit a report no later than 180 days
prior to the compliance date for those emission points.
(8) Operating permit application. An owner or operator who submits
an operating permit application instead of a Precompliance Report shall
submit the information specified in paragraph (e)(4) of this section,
as applicable, with the operating permit application.
(f) Alternative monitoring parameters. The owner or operator who
has been directed by any section of this subpart, or any section of
another subpart referenced by this subpart, that specifically
references this paragraph to set unique monitoring parameters, or who
requests approval to monitor a different parameter than those listed in
Sec. 63.1432 for storage vessels, Sec. 63.1427 for ECO, Sec. 63.1429
for process vents, or Sec. 63.143 for process wastewater shall submit
the information specified in paragraphs (f)(1) through (3) of this
section in the Precompliance Report, as required by paragraph (e)(4) of
this section. The owner or operator shall retain for a period of 5
years each record required by paragraphs (f)(1) through (3) of this
section.
(1) The required information shall include a description of the
parameter(s) to be monitored to ensure the combustion, recovery, or
recapture device; control technique; or pollution prevention measure is
operated in conformance with its design and achieves the specified
emission limit, percent reduction, or nominal efficiency, and an
explanation of the criteria used to select the parameter(s).
(2) The required information shall include a description of the
methods and procedures that will be used to demonstrate that the
parameter indicates proper operation, the schedule for this
demonstration, and a statement that the owner or operator will
establish a level for the monitored parameter as part of the
Notification of Compliance Status report required in paragraph (e)(5)
of this section, unless this information has already been included in
the operating permit application.
(3) The required information shall include a description of the
proposed monitoring, recordkeeping, and reporting system, to include
the frequency and content of monitoring, recordkeeping, and reporting.
Further, the rationale for the proposed monitoring, recordkeeping, and
reporting system shall be included if either condition in paragraph
(f)(3)(i) or (ii) of this section is met:
(i) If monitoring and recordkeeping is not continuous; or
(ii) If reports of daily average values will not be included in
Periodic Reports when the monitored parameter value is above the
maximum level or below the minimum level as established in the
operating permit or the Notification of Compliance Status.
(g) Alternative continuous monitoring and recordkeeping. An owner
or operator choosing not to implement the continuous parameter
operating and recordkeeping provisions listed in Sec. 63.1429 for
process vents, and Sec. 63.1433 for wastewater, may instead request
approval to use alternative continuous monitoring and recordkeeping
provisions according to the procedures specified in paragraphs (g)(1)
through (4) of this section. Requests shall be submitted in the
Precompliance Report as specified in paragraph (e)(4)(iv) of this
section, and shall contain the information specified in paragraphs
(g)(2)(ii) and (g)(3)(ii) of this section, as applicable.
(1) The provisions in the General Provisions requirements for the
use of an alternative monitoring method in Sec. 63.8(f)(5)(i) shall
govern the review and approval of requests.
(2) An owner or operator of an affected source that does not have
an automated monitoring and recording system capable of measuring
parameter values at least once during approximately equal 15-minute
intervals and that does not generate continuous records may request
approval to use a nonautomated system with less frequent monitoring, in
accordance with paragraphs (g)(2)(i) and (ii) of this section.
(i) The requested system shall include visual reading and recording
of the value of the relevant operating parameter no less frequently
than once per hour. Daily averages shall be calculated from these
hourly values and recorded.
(ii) The request shall contain:
(A) A description of the planned monitoring and recordkeeping
system;
(B) Documentation that the affected source does not have an
automated monitoring and recording system;
(C) Justification for requesting an alternative monitoring and
recordkeeping system; and
(D) Demonstration that the proposed monitoring frequency is
sufficient to represent combustion, recovery, or
[[Page 29478]]
recapture device operating conditions, considering typical variability
of the specific process and combustion, recovery, or recapture device
operating parameter being monitored.
(3) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency (for example, once at
approximately equal intervals of about 15 minutes), but that records
all values that meet set criteria for variation from previously
recorded values, in accordance with paragraphs (g)(3)(i) and (ii) of
this section.
(i) The requested system shall be designed to:
(A) Measure the operating parameter value at least once during
approximately equal 15-minute intervals;
(B) Record at least four values each hour during periods of
operation;
(C) Record the date and time when monitors are turned off or on;
(D) Recognize unchanging data that may indicate the monitor is not
functioning properly, alert the operator, and record the incident;
(E) Calculate daily average values of the monitored operating
parameter based on all measured data; and
(F) If the daily average is not an excursion, as defined in
Sec. 63.1438(f), the data for that operating day may be converted to
hourly average values and the four or more individual records for each
hour in the operating day may be discarded.
(ii) The request shall contain:
(A) A description of the monitoring system and data compression
recording system, including the criteria used to determine which
monitored values are recorded and retained;
(B) The method for calculating daily averages; and
(C) A demonstration that the system meets all criteria in paragraph
(g)(3)(i) of this section.
(4) An owner or operator may request approval to use other
alternative monitoring systems according to the procedures specified in
the General Provisions' requirements for using an alternative
monitoring method in Sec. 63.8(f)(4).
(h) Reduced recordkeeping program. For any parameter with respect
to any item of equipment, the owner or operator may implement the
recordkeeping requirements in paragraph (h)(1) or (2) of this section
as alternatives to the continuous operating parameter monitoring and
recordkeeping provisions that would otherwise apply under this subpart.
The owner or operator shall retain for a period of 5 years each record
required by paragraph (h)(1) or (2) of this section.
(1) The owner or operator may retain only the daily average value,
and is not required to retain more frequent monitored operating
parameter values, for a monitored parameter with respect to an item of
equipment, if the requirements of paragraphs (h)(1)(i) through (iv) of
this section are met. An owner or operator electing to comply with the
requirements of paragraph (h)(1) of this section shall notify the
Administrator in the Notification of Compliance Status or, if the
Notification of Compliance Status has already been submitted, in the
Periodic Report immediately preceding implementation of the
requirements of paragraph (h)(1) of this section.
(i) The monitoring system is capable of detecting unrealistic or
impossible data during periods of operation other than start-ups,
shutdowns or malfunctions (e.g., a temperature reading of -200 deg.C on
a boiler), and will alert the operator by alarm or other means. The
owner or operator shall record the occurrence. All instances of the
alarm or other alert in an operating day constitute a single
occurrence.
(ii) The monitoring system generates, updated at least hourly
throughout each operating day, a running average of the monitoring
values that have been obtained during that operating day, and the
capability to observe this running average is readily available to the
Administrator on-site during the operating day. The owner or operator
shall record the occurrence of any period meeting the criteria in
paragraphs (h)(1)(ii)(A) through (C) of this section. All instances in
an operating day constitute a single occurrence.
(A) The running average is above the maximum or below the minimum
established limits;
(B) The running average is based on at least six 1-hour average
values; and
(C) The running average reflects a period of operation other than a
start-up, shutdown, or malfunction.
(iii) The monitoring system is capable of detecting unchanging data
during periods of operation other than start-ups, shutdowns or
malfunctions, except in circumstances where the presence of unchanging
data are the expected operating condition based on past experience
(e.g., pH in some scrubbers), and will alert the operator by alarm or
other means. The owner or operator shall record the occurrence. All
instances of the alarm or other alert in an operating day constitute a
single occurrence.
(iv) The monitoring system will alert the owner or operator by an
alarm or other means, if the running average parameter value calculated
under paragraph (h)(1)(ii) of this section reaches a set point that is
appropriately related to the established limit for the parameter that
is being monitored.
(v) The owner or operator shall verify the proper functioning of
the monitoring system, including its ability to comply with the
requirements of paragraph (h)(1) of this section, at the times
specified in paragraphs (h)(1)(v)(A) through (C) of this section. The
owner or operator shall document that the required verifications
occurred.
(A) Upon initial installation.
(B) Annually after initial installation.
(C) After any change to the programming or equipment constituting
the monitoring system, which might reasonably be expected to alter the
monitoring system's ability to comply with the requirements of this
section.
(vi) The owner or operator shall retain the records identified in
paragraphs (h)(1)(vi)(A) through (D) of this section.
(A) Identification of each parameter, for each item of equipment,
for which the owner or operator has elected to comply with the
requirements of paragraph (h) of this section.
(B) A description of the applicable monitoring system(s), and how
compliance will be achieved with each requirement of paragraphs
(h)(1)(i) through (v) of this section. The description shall identify
the location and format (e.g., on-line storage, log entries) for each
required record. If the description changes, the owner or operator
shall retain both the current and the most recent superseded
description, as specified in paragraph (h)(1)(vi)(D) of this section.
(C) A description, and the date, of any change to the monitoring
system that would reasonably be expected to affect its ability to
comply with the requirements of paragraph (h)(1) of this section.
(D) The owner or operator subject to paragraph (h)(1)(vi)(B) of
this section shall retain the current description of the monitoring
system as long as the description is current. The current description
shall, at all times, be retained on-site or be accessible from a
central location by computer or other means that provides access within
2 hours after a request. The owner or operator shall retain all
superseded descriptions for at least 5 years after the date of their
creation. Superseded descriptions shall be retained on-site (or
accessible from a central location by computer or other means that
provides access within 2 hours after a request) for
[[Page 29479]]
at least 6 months after their creation. Thereafter, superseded
descriptions may be stored off-site.
(2) If an owner or operator has elected to implement the
requirements of paragraph (h)(1) of this section for a monitored
parameter with respect to an item of equipment and a period of 6
consecutive months has passed without an excursion as defined in
paragraph (h)(2)(iv) of this section, the owner or operator is no
longer required to record the daily average value, for any operating
day when the daily average is less than the maximum, or greater than
the minimum established limit. With approval by the Administrator,
monitoring data generated prior to the compliance date of this subpart
shall be credited toward the period of 6 consecutive months, if the
parameter limit and the monitoring accomplished during the period prior
to the compliance date was required and/or approved by the
Administrator.
(i) If the owner or operator elects not to retain the daily average
values, the owner or operator shall notify the Administrator in the
next Periodic Report. The notification shall identify the parameter and
unit of equipment.
(ii) If, on any operating day after the owner or operator has
ceased recording daily average values as provided in paragraph (h)(2)
of this section, there is an excursion as defined in paragraph
(h)(2)(iv) of this section, the owner or operator shall immediately
resume retaining the daily average value for each operating day and
shall notify the Administrator in the next Periodic Report. The owner
or operator shall continue to retain each daily average value until
another period of 6 consecutive months has passed without an excursion
as defined in paragraph (h)(2)(iv) of this section.
(iii) The owner or operator shall retain the records specified in
paragraph (h)(1) of this section, for the duration specified in
paragraph (h) of this section. For any calendar week, if compliance
with paragraphs (h)(1)(i) through (iv) of this section does not result
in retention of a record of at least one occurrence or measured
parameter value, the owner or operator shall record and retain at least
one parameter value during a period of operation other than a start-up,
shutdown, or malfunction.
(iv) For the purposes of paragraph (h) of this section, an
excursion means that the daily average of monitoring data for a
parameter is greater than the maximum, or less than the minimum
established value, except as provided in paragraphs (h)(2)(iv)(A) and
(B) of this section.
(A) The daily average value during any start-up, shutdown, or
malfunction shall not be considered an excursion for purposes of
paragraph (h)(2) of this section, if the owner or operator follows the
applicable provisions of the start-up, shutdown, and malfunction plan
required by the General Provisions in Sec. 63.6(e)(3).
(B) An excused excursion, as described in Sec. 63.1438(g), shall
not be considered an excursion for the purposes of paragraph (h)(2) of
this section.
Table 1 to Subpart PPP of Part 63.--Applicability of General Provisions
To Subpart PPP Affected Sources
------------------------------------------------------------------------
Applies to
Reference subpart PPP Explanation
------------------------------------------------------------------------
63.1(a)(1).................... Yes.............. Sec. 63.1423
specifies
definitions in
addition to or that
apply instead of
definitions in Sec.
63.2.
63.1(a)(2).................... Yes..............
63.1(a)(3).................... Yes.............. Sec. 63.1422(f)
through (k) of this
subpart and Sec.
63.160(b) identify
those standards
which overlap with
the requirements of
subparts PPP and H
and specify how
compliance shall be
achieved.
63.1(a)(4).................... Yes.............. Subpart PPP (this
table) specifies the
applicability of
each paragraph in
subpart A to subpart
PPP.
63.1(a)(5).................... No............... Reserved.
63.1(a)(6)-(8)................ Yes..............
63.1(a)(9).................... No............... Reserved.
63.1(a)(10)................... Yes..............
63.1(a)(11)................... Yes..............
63.1(a)(12)-(14).............. Yes..............
63.1(b)(1).................... No............... Sec. 63.1420(a)
contains specific
applicability
criteria.
63.1(b)(2).................... Yes..............
63.1(b)(3).................... Yes..............
63.1(c)(1).................... Yes.............. Subpart PPP (this
table) specifies the
applicability of
each paragraph in
subpart A to subpart
PPP.
63.1(c)(2).................... No............... Area sources are not
subject to subpart
PPP.
63.1(c)(3).................... No............... Reserved.
63.1(c)(4).................... Yes..............
63.1(c)(5).................... Yes.............. Except that affected
sources are not
required to submit
notifications
overridden by this
table.
63.1(d)....................... No............... Reserved.
63.1(e)....................... Yes..............
63.2.......................... Yes.............. Sec. 63.1423
specifies those
subpart A
definitions that
apply to subpart
PPP.
63.3.......................... Yes..............
63.4(a)(1)-(3)................ Yes..............
63.4(a)(4).................... No............... Reserved.
63.4(a)(5).................... Yes..............
63.4(b)....................... Yes..............
63.4(c)....................... Yes..............
63.5(a)(1).................... Yes.............. Except the terms
``source'' and
``stationary
source'' should be
interpreted as
having the same
meaning as
``affected source''.
63.5(a)(2).................... Yes..............
63.5(b)(1).................... Yes.............. Except Sec.
63.1420(g) defines
when construction or
reconstruction is
subject to new
source standards.
[[Page 29480]]
63.5(b)(2).................... No............... Reserved.
63.5(b)(3).................... Yes..............
63.5(b)(4).................... Yes.............. Except that the
Initial Notification
requirements in Sec.
63.1439(e)(3) shall
apply instead of the
requirements in Sec.
63.9(b).
63.5(b)(5).................... Yes..............
63.5(b)(6)................... Yes.............. Except that Sec.
63.1420(g) defines
when construction or
reconstruction is
subject to the new
source standards.
63.5(c)....................... No............... Reserved.
63.5(d)(1)(i)................. Yes..............
63.5(d)(1)(ii)................ Yes.............. Except that Sec.
63.5(d)(1)(ii)(H)
does not apply.
63.5(d)(1)(iii)............... No............... Sec. 63.1439(e)(5)
and Sec. 63.1434(e)
specify Notification
of Compliance Status
requirements.
63.5(d)(2).................... No...............
63.5(d)(3).................... Yes.............. Except Sec.
63.5(d)(3)(ii) does
not apply, and
equipment leaks
subject to Sec.
63.1434 are exempt.
63.5(d)(4).................... Yes..............
63.5(e)....................... Yes..............
63.5(f)(1).................... Yes..............
63.5(f)(2).................... Yes.............. Except that where
Sec. 63.9(b)(2) is
referred to, the
owner or operator
need not comply.
63.6(a)....................... Yes..............
63.6(b)(1).................... Yes..............
63.6(b)(2).................... Yes..............
63.6(b)(3).................... Yes..............
63.6(b)(4).................... Yes..............
63.6(b)(5).................... Yes..............
63.6(b)(6).................... No............... Reserved.
63.6(b)(7).................... No...............
63.6(c)(1).................... Yes.............. Sec. 63.1422
specifies the
compliance date.
63.6(c)(2).................... No...............
63.6(c)(3).................... No............... Reserved.
63.6(c)(4).................... No............... Reserved.
63.6(c)(5).................... Yes..............
63.6(d)....................... No............... Reserved.
63.6(e)....................... Yes.............. Except as otherwise
specified for
individual
paragraphs (below),
and Sec. 63.6(e)
does not apply to
Group 2 emission
points.a
63.6(e)(1)(i)................. No............... This is addressed by
Sec. 63.1420(h)(4).
63.6(e)(1)(ii)................ Yes..............
63.6(e)(1)(iii)............... Yes..............
63.6(e)(2).................... Yes..............
63.6(e)(3)(i)................. Yes.............. For equipment leaks
(subject to Sec.
63.1434), the start-
up, shutdown, and
malfunction plan
requirement of Sec.
63.6(e)(3)(i) is
limited to
combustion,
recovery, or
recapture devices
and is optional for
other equipment. The
start-up, shutdown,
and malfunction plan
may include written
procedures that
identify conditions
that justify a delay
of repair.
63.6(e)(3)(i)(A).............. Yes.............. This is also
addressed by Sec.
63.1420(h)(4).
63.6(e)(3)(i)(B).............. Yes..............
63.6(e)(3)(i)(C).............. Yes..............
63.6(e)(3)(ii)................ Yes..............
63.6(e)(3)(iii)............... No............... Recordkeeping and
reporting are
specified in Sec.
63.1439(b)(1).
63.6(e)(3)(iv)................ No............... Recordkeeping and
reporting are
specified in Sec.
63.1439(b)(1).
63.6(e)(3)(v)................. No............... Requirement is
specified in Sec.
63.1439(b)(1).
63.6(e)(3)(vi)................ Yes..............
63.6(e)(3)(vii)............... Yes..............
63.6(e)(3)(vii)(A)............ Yes..............
63.6(e)(3)(vii)(B)............ Yes.............. Except the plan shall
provide for
operation in
compliance with Sec.
63.1420(i)(4).
63.6(e)(3)(vii)(C)............ Yes..............
63.6(e)(3)(viii).............. Yes..............
63.6(f)(1).................... Yes..............
63.6(f)(2).................... Yes.............. Except 63.7(c), as
referred to in Sec.
63.6(f)(2)(iii)(D)
does not apply, and
except that Sec.
63.6(f)(2)(ii) does
not apply to
equipment leaks
subject to Sec.
63.1434.
63.6(f)(3).................... Yes..............
63.6(g)....................... Yes..............
63.6(h)....................... No............... Subpart PPP does not
require opacity and
visible emission
standards.
63.6(i)(1).................... Yes..............
63.6(i)(2).................... Yes..............
63.6(i)(3).................... Yes..............
63.6(i)(4)(i)(A).............. Yes..............
63.6(i)(4)(i)(B).............. No............... Dates are specified
in Sec. 63.1422(e)
and Sec.
63.1439(e)(4)(i) for
all emission points
except equipment
leaks, which are
covered under Sec.
63.182(a)(6)(i).
[[Page 29481]]
63.6(i)(4)(ii)................ No...............
63.6(i)(5)(14)................ Yes..............
63.6(i)(15)................... No............... Reserved.
63.6(i)(16)................... Yes..............
63.6(j)....................... Yes..............
63.7(a)(1).................... Yes..............
63.7(a)(2).................... No............... Sec. 63.1439(e)(5)
and Sec.
63.1439(e)(6)
specify the
submittal dates of
performance test
results for all
emission points
except equipment
leaks; for equipment
leaks, compliance
demonstration
results are reported
in the Periodic
Reports.
63.7(a)(3).................... Yes..............
63.7(b)....................... No............... Sec. 63.1437(a)(4)
specifies
notification
requirements.
63.7(c)....................... No............... Except if the owner
or operator chooses
to submit an
alternative
nonopacity emission
standard for
approval under Sec.
63.6(g).
63.7(d)....................... Yes..............
63.7(e)(1).................... Yes.............. Except that all
performance tests
shall be conducted
during worst case
operating
conditions.
63.7(e)(2).................... Yes..............
63.7(e)(3).................... No............... Subpart PPP specifies
requirements.
63.7(e)(4).................... Yes..............
63.7(f)....................... Yes.............. Since a site specific
test plan is not
required, the
notification
deadline in Sec.
63.7(f)(2)(i) shall
be 60 days prior to
the performance
test, and in Sec.
63.7(f)(3) approval
or disapproval of
the alternative test
method shall not be
tide to the site
specific test plan.
63.7(g)....................... Yes.............. Except that
references to the
Notification of
Compliance Status
report in Sec.
63.9(h) are replaced
with the
requirements in Sec.
63.1439(e)(5). In
addition, equipment
leaks subject to
Sec. 63.1434 are
not required to
conduct performance
tests.
63.7(h)....................... Yes.............. Except Sec.
63.7(h)(4)(ii) is
not applicable,
since the site-
specific test plans
in Sec. 63.7(c)(2)
are not required.
63.8(a)(1).................... Yes..............
63.8(a)(2).................... No...............
63.8(a)(3).................... No............... Reserved.
63.8(a)(4).................... Yes..............
63.8(b)(1).................... Yes..............
63.8(b)(2).................... No............... Support PPP specifies
locations to conduct
monitoring.
63.8(b)(3).................... Yes..............
63.8(c)(1).................... Yes..............
63.8(c)(1)(i)................. Yes..............
63.8(c)(1)(ii)................ No............... For all emission
points except
equipment leaks,
comply with Sec.
63.1439(b)(1)(i)(B);
for equipment leaks,
comply with Sec.
63.181(g)(2)(ii).
63.8(c)(1)(iii)............... Yes..............
63.8(c)(2).................... Yes..............
63.8(c)(3).................... Yes..............
63.8(c)(4).................... No............... Sec. 63.1438
specifies monitoring
requirements; not
applicable to
equipment leaks,
because Sec.
63.1434 does not
require continuous
monitoring systems.
63.8(c)(5)-(8)................ No...............
63.8(d)....................... No...............
63.8(e)....................... No...............
63.8(f)(1)-(3)................ Yes..............
63.8(f)(4)(i)................. Yes.............. Except the timeframe
for submitting
request is specified
in Sec. 63.1439(f)
or (g); not
applicable to
equipment leaks,
because Sec.
63.1434 (through
subpart H) specifies
acceptable
alternative methods.
63.8(f)(4)(ii)................ Yes..............
63.8(f)(4)(iii)............... Yes..............
63.8(f)(5)(i)................. Yes..............
63.8(f)(5)(ii)................ No...............
63.8(f)(5)(iii)............... Yes..............
63.8(f)(6).................... No............... Subpart PPP does not
require CEM's.
63.8(g)....................... No............... Data reduction
procedures specified
in Sec. 63.1439(d)
and (h); not
applicable to
equipment leaks.
63.9(a)....................... Yes..............
63.9(b)....................... No............... The Initial
Notification
requirements are
specified in Sec.
63.1439(e)(3).
63.9(c)....................... Yes..............
63.9(d)....................... Yes..............
63.9(e)....................... No............... Sec. 63.1437(a)(4)
specifies
notification
deadline.
63.9(f)....................... No............... Subpart PPP does not
require opacity and
visible emission
standards.
63.9(g)....................... No...............
63.9(h)....................... No............... Sec. 63.1439(e)(5)
specifies
Notification of
Compliance Status
requirements.
63.9(i)....................... Yes..............
63.9(j)....................... No...............
63.10(a)...................... Yes..............
[[Page 29482]]
63.10(b)(1)................... No............... Sec. 63.1439(a)
specifies record
retention
requirements.
63.10(b)(2)................... No............... Subpart PPP specifies
recordkeeping
requirements.
63.10(b)(3)................... Yes..............
63.10(c)...................... No............... Sec. 63.1439
specifies
recordkeeping
requirements.
63.10(d)(1)................... Yes..............
63.10(d)(2)................... No............... Sec. 63.1439(e)(5)
and Sec.
63.1439(e)(6)
specify performance
test reporting
requirements; not
applicable to
equipment leaks.
63.10(d)(3)................... No............... Subpart PPP does not
require opacity and
visible emission
standards.
63.10(d)(4)................... Yes..............
63.10(d)(5)................... Yes.............. Except that reports
required by Sec.
63.10(d)(5)(i) shall
be submitted at the
same time as
Periodic Reports
specified in Sec.
63.1439(e)(6). The
start-up, shutdown,
and malfunction
plan, and any
records or reports
of start-up,
shutdown, and
malfunction do not
apply to Group 2
emission points.
63.10(e)...................... No............... Sec. 63.1439
specifies reporting
requirements.
63.10(f)...................... Yes..............
63.11......................... Yes..............
63.12......................... Yes.............. Except that the
authority of Sec.
63.177 (for
equipment leaks)
will not be
delegated to States.
63.13-63.15................... Yes .............
------------------------------------------------------------------------
a The plan, and any records or reports of start-up, shutdown, and
malfunction do not apply to Group 2 emission points.
Table 2 to Subpart PPP of Part 63.--Applicability of Subparts F, G, H, and U to Subpart PPP Affected Sources
----------------------------------------------------------------------------------------------------------------
Applicable section of
Reference Applies to subpart PPP Explanation subpart PPP
----------------------------------------------------------------------------------------------------------------
Subpart F:
63.100......................... No.....................
63.101......................... Yes.................... Several definitions from 63.1423.
63.101 are referenced at
63.1423.
63.102-63.103.................. No.....................
63.104......................... Yes.................... With the differences noted 63.1435.
in 63.1435(b) through (d).
63.105......................... Yes.................... With the differences noted 63.1433.
in 63.1433(b).
63.106......................... No.....................
Subpart G:
63.110......................... No.....................
63.111......................... Yes.................... Several definitions from 63.1423.
63.111 are incorporated by
reference into 63.1423.
63.112......................... No.....................
63.113-63.118.................. Yes.................... For THF facilities, with 63.1425.
the differences noted in
63.1425(f)(1) through
(f)(10).
No..................... For epoxide facilities, 63.1428.
except that 63.115(d) is
used for TRE
determinations.
63.119-63.123.................. Yes.................... With the differences noted 63.1432.
in 63.1432(b) through
63.1432(p).
63.124-63.125.................. No..................... Reserved...................
63.126-63.130.................. No.....................
63.131......................... No..................... Reserved...................
63.132-63.147.................. Yes.................... With the differences noted 63.1433.
in 63.1433(a)(1) through
63.1433(a)(19).
63.148-63.149.................. Yes.................... With the differences noted 63.1432 and 63.1433.
in 63.1432(b) through
63.1432(p) and
63.1433(a)(1) through
63.1433(a)(19).
63.150......................... No.....................
63.151-63.152.................. No.....................
Subpart H:
63.160-63.182.................. Yes.................... Subpart PPP affected 63.1434.
sources shall comply with
all requirements of
subpart H, with the
differences noted in
63.1422(d), 63.1422(h),
and 63.1434(b) through (g).
Subpart U:
63.480-63.487.................. No.....................
63.488......................... Yes.................... Portions of 63.488(b) and
(e) are cross-referenced
in subpart PPP..
63.489-63.506.................. No.....................
----------------------------------------------------------------------------------------------------------------
[[Page 29483]]
Table 3 to Subpart PPP of Part 63.--Group 1 Storage Vessels at Existing
and New Affected Sources
------------------------------------------------------------------------
Vapor Pressure a
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
75 capacity < 151........................=""> 13.1
capacity 151........................... 5.2
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage
temperature.
Table 4 to Subpart PPP of Part 63--Known Organic Hap From Polyether
Polyol Products
------------------------------------------------------------------------
Organic HAP/Chemical Name (CAS No.)
-------------------------------------------------------------------------
1,3 Butadiene (106990)
Ethylene Oxide (75218)
n-Hexane (110543)
Methanol (67561)
Propylene Oxide (75569)
Toluene (108883)
------------------------------------------------------------------------
CAS No. = Chemical Abstracts Service Registry Number
Table 5 to Subpart PPP of Part 63.--Process Vents From Batch Unit
Operations--Monitoring, Recordkeeping, and Reporting Requirements
------------------------------------------------------------------------
Recordkeeping and
Parameter to be reporting
Control technique monitored requirements for
monitored parameters
------------------------------------------------------------------------
Thermal Incinerator........... Firebox 1. Continuous records
temperature a. as specified in Sec.
63.1429.b
2. Record and report
the average firebox
temperature measured
during the
performance test--
NCS.c
3. Record the daily
average firebox
temperature as
specified in Sec.
63.1429.
4. Report all daily
average temperatures
that are below the
minimum operating
temperature
established in the
NCS or operating
permit and all
instances when
monitoring data are
not collected--PR.d
e
Catalytic Incinerator......... Temperature 1. Continuous records
upstream and as specified in Sec.
downstream of 63.1429.b
the catalyst bed. 2. Record and report
the average upstream
and downstream
temperatures and the
average temperature
difference across
the catalyst bed
measured during the
performance test--
NCS.c
3. Record the daily
average upstream
temperature and
temperature
difference across
catalyst bed as
specified in Sec.
63.1429.
4. Report all daily
average upstream
temperatures that
are below the
minimum upstream
temperature
established in the
NCS or operating
permit--PR.d e
5. Report all daily
average temperature
differences across
the catalyst bed
that are below the
minimum difference
established in the
NCS or operating
permit--PR.d e
6. Report all
instances when
monitoring data are
not collected.e
Boiler or Process Heater with Firebox 1. Continuous records
a design heat input capacity temperature a. as specified in Sec.
less than 44 megawatts and 63.1429.b
where the process vents are 2. Record and report
not introduced with or used the average firebox
as the primary fuel. temperature measured
during the
performance test--
NCS c
3. Record the daily
average firebox
temperature as
specified in Sec.
63.1429.d
4. Report all daily
average temperatures
that are below the
minimum operating
temperature
established in the
NCS or operating
permit and all
instances when
monitoring data are
not collected--PR.d
e
Flare......................... Presence of a 1. Hourly records of
flame at the whether the monitor
pilot light. was continuously
operating during
batch emission
episodes selected
for control and
whether a flame was
continuously present
at the pilot light
during each hour.
2. Record and report
the presence of a
flame at the pilot
light over the full
period of the
compliance
determination--NCS.c
3. Record the times
and durations of all
periods during batch
emission episodes
when all flames at
the pilot light of a
flare are absent or
the monitor is not
operating.
4. Report the times
and durations of all
periods during batch
emission episodes
selected for control
when all flames at
the pilot light of a
flare are absent--
Pr.d
Absorber f.................... Liquid flow rate 1. Records every 15
into or out of minutes, as
the scrubber, or specified in Sec.
the pressure 63.1429.b
drop across the 2. Record and report
scrubber. the average liquid
flow rate into or
out of the scrubber,
or the pressure drop
across the scrubber,
measured during the
performance test--
NCS.
[[Page 29484]]
3. Record the liquid
flow rate into or
out of the scrubber,
or the pressure drop
across the scrubber,
every 15 minutes, as
specified in Sec.
63.1429.
4. Report all
scrubber flow rates
or pressure drop
values that are
below the minimum
operating value
established in the
NCS or operating
permit and all
instances when
monitoring data are
not collected--PR..d
e
pH of the 1. Once daily records
scrubber. as specified in Sec.
63.1429.b
2. Record and report
the average pH of
the scrubber
effluent measured
during the
performance test--
NCS.c
3. Record at least
once daily the pH of
the scrubber
effluent.
4. Report all pH
scrubber effluent
readings out of the
range established in
the NCS or operating
permit and all
instances when
monitoring data are
not collected--
PR.d,e If a base
absorbent is used,
report all pH values
that are below the
minimum operating
values. If an acid
absorbent is used,
report all pH values
that are above the
maximum operating
values.
Condenser f................... Exit (product 1. Continuous records
side) as specified in Sec.
temperature. 63.1429.b
2. Record and report
the average exit
temperature measured
during the
performance test--
NCS.
3. Record the daily
average exit
temperature as
specified in Sec.
63.1429.
4. Report all daily
average exit
temperatures that
are above the
maximum operating
temperature
established in the
NCS or operating
permit and all
instances when
monitoring data are
not collected--PR.d
e
Carbon Adsorber f............. Total 1. Record of total
regeneration regeneration stream
stream mass or mass or volumetric
volumetric flow flow for each carbon
during carbon bed regeneration
bed regeneration cycle.
cycle(s), and. 2. Record and report
the total
regeneration stream
mass or volumetric
flow during each
carbon bed
regeneration cycle
during the
performance test--
NCS.c
3. Report all carbon
bed regeneration
cycles when the
total regeneration
stream mass or
volumetric flow is
above the maximum
flow rate
established in the
NCS or operating
permit--PR.d e
Temperature of 1. Record the
the carbon bed temperature of the
after carbon bed after
regeneration and each regeneration
within 15 and within 15
minutes of minutes of
completing any completing any
cooling cycle(s). cooling cycle(s).
2. Record and report
the temperature of
the carbon bed after
each regeneration
and within 15
minutes of
completing any
cooling cycle(s)
measured during the
performance test--
NCS.c
3. Report all carbon
bed regeneration
cycles when the
temperature of the
carbon bed after
regeneration, or
within 15 minutes of
completing any
cooling cycle(s), is
above the maximum
temperature
established in the
NCS or operating
permit--PR.d e
Absorber, Condenser, and Concentration 1. Continuous records
Carbon Adsorber (as an level or reading as specified in Sec.
alternative to the above). indicated by an 63.1429.b
organic 2. Record and report
monitoring the average
device at the concentration level
outlet of the or reading measured
recovery device. during the
performance test--
NCS.
3. Record the daily
average
concentration level
or reading as
specified in Sec.
63.1429.
4. Report all daily
average
concentration levels
or readings that are
above the maximum
concentration or
reading established
in the NCS or
operating permit and
all instances when
monitoring data are
not collected--PR.d
e
All Combustion, recovery, or Diversion to the 1. Hourly records of
recapture devices. atmosphere from whether the flow
the combustion, indicator was
recovery, or operating during
recapture device batch emission
or. episodes selected
for control and
whether a diversion
was detected at any
time during the
hour, as specified
in Sec. 63.1429.
2. Record and report
the times of all
periods during batch
emission episodes
selected for control
when emissions are
diverted through a
bypass line, or the
flow indicator is
not operating--PR.d
Monthly 1. Records that
inspections of monthly inspections
sealed valves. were performed as
specified in Sec.
63.1429.
2. Record and report
all monthly
inspections that
show that valves are
in the diverting
position or that a
seal has been
broken--PR.d
[[Page 29485]]
ECO........................... Time from the end 1. Records at the end
of the epoxide of each batch, as
feed, or the specified in Sec.
epoxide partial 63.1427(i).
pressure in the 2. Record and report
reactor or the average
direct parameter value of
measurement of the parameters
epoxide chosen, measured
concentration in during the
the reactor performance test.
liquid at the 3. Record the batch
end of the ECO. cycle ECO duration,
epoxide partial
pressure, or epoxide
concentration in the
liquid at the end of
the ECO
4. Report all batch
cycle parameter
values outside of
the ranges
established in
accordance with Sec.
63.1427(i)(3) and
all instances when
monitoring data were
not collected--PR.d
e
------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the ductwork immediately
downstream of the firebox before any substantial heat exchange is
encountered.
b ``Continuous records'' is defined in Sec. 63.111.
c NCS = Notification of Compliance Status described in Sec. 63.1429.
d PR = Periodic Reports described in Sec. 63.1429.
e The periodic reports shall include the duration of periods when
monitoring data are not collected as specified in Sec. 63.1439.
f Alternatively, these devices may comply with the organic monitoring
device provisions listed at the end of this table.
Table 6 to Subpart PPP of Part 63.--Process Vents From Continuous Unit
Operations--Monitoring, Recordkeeping, and Reporting Requirements
------------------------------------------------------------------------
Recordkeeping and
Parameter to be reporting
Control technique monitored requirements for
monitored parameters
------------------------------------------------------------------------
Thermal Incinerator........... Firebox 1. Continuous records
temperaturea. as specified in Sec.
63.1429.b
2. Record and report
the average firebox
temperature measured
during the
performance test--
NCS.c
3. Record the daily
average firebox
temperature for each
operating day.
4. Report all daily
average temperatures
that are below the
minimum operating
temperature
established in the
NCS or operating
permit and all
instances when
sufficient
monitoring data are
not collected--PR.d
e
Catalytic Incinerator......... Temperature 1. Continuous records
upstream and as specified in Sec.
downstream of 63.1429.b
the catalyst bed. 2. Record and report
the average upstream
and downstream
temperatures and the
average temperature
difference across
the catalyst bed
measured during the
performance test--
NCS c
3. Record the daily
average upstream
temperature and
temperature
difference across
catalyst bed for
each operating day.
4. Report all daily
average upstream
temperatures that
are below the
minimum upstream
temperature
established in the
NCS or operating
permit--PR.d e
5. Report all daily
average temperature
differences across
the catalyst bed
that are below the
minimum difference
established in the
NCS or operating
permit--PR.d e
6. Report all
operating days when
insufficient
monitoring data are
collected.e
Boiler or Process Heater with Firebox 1. Continuous records
a design heat input capacity temperature a. as specified in Sec.
less than 44 megawatts and 63.1429.b
where the process vents are 2. Record and report
not introduced with or used the average firebox
as the primary fuel. temperature measured
during the
performance test--
NCS c
3. Record the daily
average firebox
temperature for each
operating day.d
4. Report all daily
average temperatures
that are below the
minimum operating
temperature
established in the
NCS or operating
permit and all
instances when
insufficient
monitoring data are
collected--PR.d e
Flare......................... Presence of a 1. Hourly records of
flame at the whether the monitor
pilot light. was continuously
operating and
whether a flame was
continuously present
at the pilot light
during each hour.
2. Record and report
the presence of a
flame at the pilot
light over the full
period of the
compliance
determination--NCS.c
3. Record the times
and durations of all
periods when all
flames at the pilot
light of a flare are
absent or the
monitor is not
operating.
4. Report the times
and durations of all
periods when all
flames at the pilot
light of a flare are
absent--Pr.d
Absorber f.................... Exit temperature 1. Continuous records
of the absorbing as specified in Sec.
liquid, and. 63.1429.b
2. Record and report
the exit temperature
of the absorbing
liquid averaged over
the full period of
the TRE
determination--NCS.c
3. Record the daily
average exit
temperature of the
absorbing liquid for
each operating day.
4. Report all the
daily average exit
temperatures of the
absorbing liquid
that are below the
minimum operating
value established in
the NCS or
operating--PR.d e
[[Page 29486]]
Exit specific 1. Continuous records
gravity for the as specified in Sec.
absorbing liquid. 63.1429.b
2. Record and report
the exit specific
gravity averaged
over the full period
of the TRE
determination--NCS.
3. Record the daily
average exit
specific gravity for
each operating day.
4. Report all daily
average exit
specific gravity
values that are
below the minimum
operating value
established in the
NCS or operating--
PR.d e
Condenser f................... Exit (product 1. Continuous records
side) as specified in Sec.
temperature. 63.1429.b
2. Record and report
the exit temperature
averaged over the
full period of the
TRE determination--
NCS.
3. Record the daily
average exit
temperature for each
operating day.
4. Report all daily
average exit
temperatures that
are above the
maximum operating
temperature
established in the
NCS or operating--
PR.d e
Carbon Adsorber f............. Total 1. Record of total
regeneration regeneration stream
stream mass or mass or volumetric
volumetric flow flow for each carbon
during carbon bed regeneration
bed regeneration cycle.
cycle(s), and. 2. Record and report
the total
regeneration stream
mass or volumetric
flow during each
carbon bed
regeneration cycle
during the period of
the TRE
determination--NCS.c
3. Report all carbon
bed regeneration
cycles when the
total regeneration
stream mass or
volumetric flow is
above the maximum
flow rate
established in the
NCS or operating
permit--PR.d e
Temperature of 1. Record the
the carbon bed temperature of the
after carbon bed after
regeneration and each regeneration
within 15 and within 15
minutes of minutes of
completing any completing any
cooling cycle(s). cooling cycle(s).
2. Record and report
the temperature of
the carbon bed after
each regeneration
during the period of
the TRE
determination--NCSc
3. Report all carbon
bed regeneration
cycles when the
temperature of the
carbon bed after
regeneration is
above the maximum
temperature
established in the
NCS or operating
permit--PR.d,e
Absorber, Condenser, and Concentration 1. Continuous records
Carbon Adsorber (as an level or reading as specified in Sec.
alternative to the above). indicated by an 63.1429.b
organic 2. Record and report
monitoring the concentration
device at the level or reading
outlet of the averaged over the
recovery device. full period of the
TRE determination--
NCS.
3. Record the daily
average
concentration level
or reading for each
operating day.
4. Report all daily
average
concentration levels
or readings that are
above the maximum
concentration or
reading established
in the NCS or
operating--PR.d e
All Combustion, recovery, or Diversion to the 1. Hourly records of
recapture devices. atmosphere from whether the flow
the combustion, indicator was
recovery, or operating and
recapture device whether a diversion
or. was detected at any
time during each
hour.
2. Record and report
the times of all
periods when the
vent stream is
diverted through a
bypass line, or the
flow indicator is
not operating--PR.d
Monthly 1. Records that
inspections of monthly inspections
sealed valves. were performed as
specified in Sec.
63.1429.
2. Record and report
all monthly
inspections that
show that valves are
in the diverting
position or that a
seal has been
broken--PR.d
------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the ductwork immediately
downstream of the firebox before any substantial heat exchange is
encountered.
b ``Continuous records'' is defined in Sec. 63.111.
c NCS = Notification of Compliance Status described in Sec. 63.1429.
d PR = Periodic Reports described in Sec. 63.1429.
e The periodic reports shall include the duration of periods when
monitoring data are not collected as specified in Sec. 63.1439.
f Alternatively, these devices may comply with the organic monitoring
device provisions listed at the end of this table.
Table 7 to Subpart PPP of Part 63.--Operating Parameters For Which
Monitoring Levels Are Required To Be Established For Process Vents
Streams
------------------------------------------------------------------------
Established
Control technique Parameters to be operating
monitored parameter(s)
------------------------------------------------------------------------
Thermal incinerator......... Firebox temperature. Minimum temperature.
Catalytic incinerator....... Temperature upstream Minimum upstream
and downstream of temperature; and
the catalyst bed. minimum temperature
difference across
the catalyst bed.
Boiler or process heater.... Firebox temperature. Minimum temperature.
Absorber.................... Liquid flow rate or Minimum flow rate or
pressure drop; and pressure drop; and
pH of scrubber maximum pH if an
effluent, if an acid absorbent is
acid or base used, or minimum pH
absorbent is used. if a base absorbent
is used.
Condenser................... Exit temperature.... Maximum temperature.
[[Page 29487]]
Carbon adsorber............. Total regeneration Maximum mass or
stream mass or volumetric flow;
volumetric flow and maximum
during carbon bed temperature.
regeneration cycle;
and temperature of
the carbon bed
after regeneration
(and within 15
minutes of
completing any
cooling cycle(s)).
Extended Cookout (ECO)...... Time from the end of Minimum duration, or
the epoxide feed to maximum partial
the end of the ECO, pressure at the end
or the reactor of ECO, or maximum
epoxide partial epoxide
pressure at the end concentration in
of the ECO, or the the reactor liquid
epoxide at the end of ECO.
concentration in
the reactor liquid
at the end of the
ECO.
Other devices (or as an HAP concentration Maximum HAP
alternate to the above). a level or reading at concentration or
outlet of device. reading.
------------------------------------------------------------------------
a Concentration is measured instead of an operating parameter.
Table 8 to Subpart PPP of Part 63.--Routine Reports Required By This
Subpart
------------------------------------------------------------------------
Description of
Reference Report Due Date
------------------------------------------------------------------------
Sec. 63.1439(b) and Subpart A Refer to Sec. Refer to subpart A.
63.1439(b),
Table 1 of this
subpart, and to
subpart A.
Sec. 63.1439(e)(3)........... Initial Existing affected
notification. sources: by 120 days
after June 1, 1999.
New affected sources
w/initial start-up
at least 90 days
after June 1, 1999:
submit the
application for
approval of
construction or
reconstruction in
lieu of the Initial
Notification.
New affected sources
w/initial start-up
prior to 90 days
after June 1, 1999:
by 90 days after
June 1, 1999.
Sec. 63.1439(e)(4)........... Precompliance Existing affected
Report a. sources: 12 months
prior to compliance
date.
New affected sources:
with the application
for approval of
construction or
reconstruction.
Sec. 63.1439(e)(5)........... Notification of Within 150 days after
Compliance the compliance date.
Status b.
Sec. 63.1439(e)(6)........... Periodic Reports. Semiannually, no
later than 60 days
after the end of
each 6-month period.
See Sec.
63.1439(e)(6)(i) for
the due date for
this report.
Sec. 63.1439(e)(6)(v)(iii)... Quarterly reports No later than 60 days
for sources with after the end of
excursions (upon each quarter.
request of the
Administrator).
Sec. 63.506(e)(7)(i)......... Storage Vessels At least 30 days
Notification of prior to the
Inspection. refilling of each
storage vessel or
the inspection of
each storage vessel.
------------------------------------------------------------------------
a There may be two versions of this report due at different times; one
for equipment subject to Sec. 63.1434 and one for other emission
points subject to this subpart.
b There will be two versions of this report due at different times; one
for equipment subject to Sec. 63.1434 and one for other emission
points subject to this subpart.
[FR Doc. 99-12479 Filed 5-28-99; 8:45 am]
BILLING CODE 6560-50-P
