[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38950-38992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17943]
[[Page 38949]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants for Source
Categories: National Emission Standards for Off-Site Waste and Recovery
Operations; Rule and Proposed Rule
Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules
and Regulations
[[Page 38950]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-6377-5]
RIN 2060-AH96
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Off-Site Waste and Recovery Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments to rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking direct final action on amendments to the
national emission standards for hazardous air pollutants (NESHAP) for
off-site waste and recovery operations (OSWRO) that the EPA promulgated
on July 1, 1996, under authority of section 112 of the Clean Air Act
(CAA). The rule applies to owners and operators of facilities that are
major sources of hazardous air pollutants (HAP) and manage certain
wastes, used oil, or used solvents received from off-site locations.
The EPA is amending specific provisions in the rule to resolve issues
and questions raised after promulgation of the final rule. In addition,
the EPA is amending other rule language to correct technical omissions;
to make specific requirements consistent and up-to-date with recent
decisions made by the Agency for other related air rules; and to
correct typographical, printing, and grammatical errors. The amendments
do not significantly change the EPA's original projections for the
rule's environmental benefits, compliance costs, burden on industry, or
the number of affected facilities.
DATES: Effective Date. This rule is effective on September 20, 1999
without further notice, unless the EPA receives adverse comment by
August 19, 1999. If we receive such comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Comments. Interested parties having adverse comments on this
action may submit these comments in writing (in duplicate, if possible)
to Docket No. A-92-16 at the following address: Air and Radiation
Docket and Information Center (6102), U.S. Environmental Protection
Agency, 401 M Street, SW, Room 1500, Washington, DC 20460. The EPA
requests that a separate copy of the comments also be sent to the
contact person listed below. The docket is located at the above address
in Room M-1500, Waterside mall (ground floor).
Today's document and other materials related to this direct final
rulemaking are available for review in the docket. Copies of this
information may be obtained by request from the Air Docket by calling
(202) 260-7548. A reasonable fee may be charged for copying docket
materials.
FOR FURTHER INFORMATION CONTACT: Ms. Elaine Manning, Waste and Chemical
Processes Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, NC, 27711,
telephone number (919) 541-5499, facsimile number (919) 541-0246,
electronic mail address manning.elaine@epa.gov''.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action include the following
types of facilities if the facility receives ``off-site material'' as
defined in the rule, and the facility is determined to be a major
source of HAP emissions as defined in 40 CFR 63.2.
------------------------------------------------------------------------
Category Examples of regulated entities
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Industry.......................... Businesses that receive waste, used
oil, or used solvent from off-site
locations and manage this material
in any of the following waste
management or recovery operations:
hazardous waste treatment, storage,
and disposal facilities (TSDF);
hazardous wastewater treatment
operations exempted from air
emission control requirements in 40
CFR part 264 or 265; nonhazardous
wastewater treatment facilities
other than publicly-owned treatment
works; used solvent recovery
operations; recovery operations
that recycle or reprocess hazardous
waste and are exempted from
regulation as a TSDF in 40 CFR part
264 or 265; and used oil re-
refineries.
Federal Government................ Federal agency facilities that
operate any of the waste management
or recovery operations that meet
the description of the entities
listed under the ``Industry''
category in this table.
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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.
A comprehensive list of Standard Industrial Classification (SIC)
codes cannot be compiled for businesses potentially regulated by this
action due to the structure of the rule. The rule may be applicable to
any business that receives waste, used oil, or used solvent from an
off-site location and then manages this material in one of the
operations or processes specified in the rule. Thus, for many
businesses subject to the rule, the regulated sources (i.e., off-site
waste management or recovery operations) are only a small part of the
overall manufacturing process or service conducted at the facility. In
these cases, the SIC code indicates the primary product produced or
service provided at the facility rather than the presence of an off-
site waste management or recovery operation at the site which is
operated to support the predominate function of the facility. For
example, SIC code classifications likely to have off-site waste
management or recovery operations at some (but not all) facilities
include, but are not limited to, petroleum refineries (SIC code 2911),
industrial organic chemical manufacturing (SIC code 286x), plastic
materials and synthetics manufacturing (SIC code 282x), and
miscellaneous chemical products manufacturing (SIC code 289x). However,
the EPA also is aware of off-site waste management or recovery
operations potentially subject to the rule being located at a few
facilities listed under SIC codes for refuse systems, waste management,
business services, miscellaneous services, and nonclassifiable. Thus,
the SIC code alone for a given facility does not determine whether the
facility is or is not potentially subject to this rule.
To determine whether your facility is regulated by the action, you
should carefully examine the applicability criteria in Sec. 63.680
under 40 CFR part 63, subpart DD. 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 of this
document.
Internet
The text of today's document is also available on the EPA's web
site on the Internet under recently signed rules at the following
address: http://
[[Page 38951]]
www.epa.gov/ttn/oarpg/rules.html. The EPA's Office of Air and Radiation
(OAR) homepage on the Internet also contains a wide range of
information on the air toxics program and many other air pollution
programs and issues. The OAR's homepage address is: http://www.epa.gov/
oar/.
Electronic Access and Filing Addresses
The official record for this rulemaking, as well as the public
version, has been established for this rulemaking under Docket No. A-
92-16 (including comments and data submitted electronically). A public
version of this record, including printed, paper versions of electronic
comments, which does not include any information claimed as
confidential business information (CBI), is available for inspection
from 8 a.m. to 5:30 p.m., Monday through Friday, excluding legal
holidays. The official rulemaking record is located at the address
listed in the ADDRESSES section at the beginning of this document.
Interested parties having adverse comments on this action may
submit those comments electronically to the EPA's Air and Radiation
Docket and Information Center at: ``A-and-R-Docket@epa.gov.''
Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Comments and data
will also be accepted on disks in WordPerfect in 6.1 file format or
ASCII file format. All comments and data in electronic form must be
identified by the docket number (A-92-16). No CBI should be submitted
through electronic mail. Electronic comments may be filed online at
many Federal Depository Libraries.
Judicial Review
Under section 307(b)(1) of the CAA, judicial review of an NESHAP is
available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit within 60 days of today's
publication of this final rule. Under section 307(b)(2) of the CAA, the
requirements that are the subject of today's document may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
Outline
The information in this document is organized as follows.
I. Statutory Authority
II. Background
III. Amendments to Subpart DD--National Emission Standards for Off-
Site Waste and Recovery Operations
A. Applicability
B. Definitions
C. Standards: General
D. Standards: Off-Site Material Treatment
E. Standards: Tanks
F. Standards: Process Vents
G. Standards: Closed-Vent Systems and Control Devices
H. Testing Methods and Procedures
I. Inspection and Monitoring Requirements
J. Notification and Reporting Requirements
K. HAP List for Subpart DD
IV. Amendments to Subpart OO--National Emission Standards for
Tanks--Level 1
A. Definitions
B. Standards--Tank Fixed Roof
C. Test Methods and Procedures
D. Inspection and Monitoring Requirements
V. Amendments to Subpart PP--National Emission Standards for
Containers
A. Definitions
B. Test Methods and Procedures
C. Inspection and Monitoring Requirements
VI. Amendments to Subpart QQ--National Emission Standards for
Surface Impoundments
A. Definitions
B. Test Methods and Procedures
C. Inspection and Monitoring Requirements
VII. Amendments to Subpart RR--National Emission Standards for
Individual Drain Systems
VIII. Amendments to Subpart VV--National Emission Standards for Oil-
Water Separators and Organic-Water Separators
A. Definitions
B. Standards--Pressurized Separator
C. Test Methods and Procedures
D. Inspection and Monitoring Requirements
IX. Administrative Requirements
A. Docket
B. Executive Order 12866: Regulatory Planning and Review
C. Executive Order 12875: Enhancing the Intergovernmental
Partnerships
D. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
E. Executive Order 13084: Consultation and Coordination with
Indian Tribal Governments
F. Unfunded Mandates Reform Act
G. Regulatory Flexibility Act
H. Paperwork Reduction Act
I. Submission to Congress and the General Accounting Office
J. National Technology Transfer and Advancement Act
I. Statutory Authority
The statutory authority for this action is provided by sections
101, 112, 114, 116, and 301 of the CAA, as amended (42 U.S.C. 7401 et
seq.).
II. Background
The EPA, under 40 CFR part 63, subpart DD promulgated National
Emission Standards for Hazardous Air Pollutants from Off-Site Waste and
Recovery Operations (hereinafter referred to as the ``OSWRO NESHAP'')
on July 1, 1996 (see 61 FR 34140). The OSWRO NESHAP establishes
standards to control HAP emissions from certain waste management and
recovery operations that are not subject to Federal air standards under
other subparts in 40 CFR parts 61 or 63. Subpart DD specifies the
rule's applicability, standards for affected sources, compliance
requirements, and reporting and recordkeeping provisions. In addition,
subpart DD cross-references other subparts in 40 CFR part 63 for the
specific air emissions control requirements to be used for affected
tanks, surface impoundments, containers, individual drain systems, and
oil-water and organic-water separators. The cross-referenced subparts
are Subpart OO--National Emission Standards for Tanks--Level 1, Subpart
PP--National Emission Standards for Containers, Subpart QQ--National
Emission Standards for Surface Impoundments, Subpart RR--National
Emission Standards for Individual Drain Systems, and Subpart VV--
National Emission Standards for Oil-Water Separators and Organic-Water
Separators.
Since the promulgation of the OSWRO NESHAP, the EPA has received
many inquiries asking for the Agency's interpretation of specific
provisions of the rule. In addition, the Chemical Manufacturers
Association (CMA), the Environmental Technology Council (ETC), and the
Hazardous Waste Management Association (HWMA) petitioned for judicial
review of the final rule, as provided for in CAA section 307(b), with
respect to certain provisions regarding rule applicability,
definitions, process vent standards, test methods, and inspection and
monitoring requirements.
To resolve issues and questions raised after promulgation of the
final rule, the EPA decided that technical amendments to subparts DD,
OO, PP, QQ, RR, and VV in 40 CFR part 63 are appropriate and to use a
direct final rulemaking action to promulgate these amendments. Also, as
part of this action, the EPA is amending other rule language to correct
technical omissions; to make specific requirements consistent and up-
to-date with recent EPA decisions made for other related air rules; and
to correct terminology, typographical, printing, and grammatical
errors. The amendments do not significantly change the EPA's original
projections for the rule's compliance costs, environmental benefits,
burden on industry, or the number of affected facilities.
The EPA is publishing these amendments to subparts DD, OO, PP, QQ,
RR, and VV in 40 CFR part 63 without prior proposal, because we
[[Page 38952]]
view the amendments to be noncontroversial and anticipate no adverse
comment. The amendments do not change the substantive requirements of
the rule. However, in the ``Proposed Rules'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal of the identical amendments to these subparts if
adverse comments are filed. The amendments will be effective 60 days
from today's date without further notice, unless we receive adverse
comment by the date specified in the DATES section at the beginning of
this document. If the EPA receives adverse comment on these amendments,
we will publish a timely withdrawal in the Federal Register informing
the public that the amendments will not take effect. We will address
the comments in a subsequent final rule based on the proposed rule. We
will not institute a second comment period for these amendments. Any
parties interested in commenting on the amendments must do so at this
time (see ADDRESSES section at the beginning of this document).
III. Amendments to Subpart DD--National Emission Standards for Off-
Site Waste and Recovery Operations
The EPA is amending 40 CFR part 63, subpart DD, to clarify the
Agency's intent for applying and implementing specific rule
requirements and to correct unintentional omissions and editorial
errors. Also, we are amending the OSWRO NESHAP to make the applicable
provisions of the rule consistent (to the extent permissible and
practicable under the CAA) with a related set of air standards for
hazardous waste treatment, storage, and disposal facilities (TSDF)
established under the Resource Conservation Recovery Act (RCRA) in 40
CFR part 264, subpart CC and 40 CFR part 265, subpart CC. A summary of
amendments to 40 CFR part 63, subpart DD, and the rationale for the
amendments is presented below.
A. Applicability
The EPA is amending Sec. 63.680 to clarify which types of materials
received at a plant site are ``off-site materials'' and to clarify the
designation of the affected sources at a plant site subject to the rule
as discussed below. In addition, the EPA is extending the compliance
date by 7 months to February 1, 2000. We believe this is appropriate to
allow affected sources time to comply with today's amended rule.
1. ``Off-Site Material''
The OSWRO NESHAP applies to those plant sites that are a ``major
source'' as defined in 40 CFR 63.2 and receive ``off-site material'' as
specified in subpart DD. For implementing the OSWRO NESHAP, a material
is an ``off-site material'' if the material meets all three of the
criteria specified in Sec. 63.680(b)(1). To clarify that a given
material must meet all three criteria to be considered an ``off-site
material,'' the wording in Sec. 63.680(b)(1)(ii) and (b)(1)(iii) is
revised by replacing the word ``material'' with the phrase ``waste,
used oil, or used solvent.''
Section 63.680(b)(2) lists specific categories of wastes that are
not considered ``off-site material'' regardless if the waste contains
HAP or is received from an off-site location. The rule language is
amended to clarify the compliance liability of an owner or operator
potentially subject to the OSWRO NESHAP but receiving a waste that is
exempted from the rule because it is already complying with air
emission control requirements under the National Emission Standards for
Benzene Waste Operations (40 CFR part 61, subpart FF) or the National
Emission Standards for Organic Hazardous Air Pollutants from the
Synthetic Organic Chemical Manufacturing Industry under 40 CFR part 63
(the HON). Section 63.680(b)(2)(v) is revised to clarify that a waste
is not an ``off-site material'' under the OSWRO NESHAP when it is
transferred from a chemical manufacturing plant or other facility
subject to the HON provisions for wastewater under 40 CFR part 63,
subpart G (i.e., Sec. 63.132 through 63.147), and the owner or operator
of the facility from which the waste is transferred complies with the
HON provisions in Sec. 63.132(g). Similarly, Sec. 63.680(b)(2)(vi) is
revised to clarify that a waste is not an ``off-site material'' under
the OSWRO NESHAP when it is transferred from a chemical manufacturing
plant, petroleum refinery, or coke by-product recovery plant subject to
40 CFR part 61, subpart FF, and the owner or operator of the facility
from which the waste is transferred complies with the provisions of
Sec. 61.342(f) of the Benzene Waste Operations NESHAP.
Finally, the list of wastes not considered off-site material under
the OSWRO NESHAP is amended by adding another waste category under
Sec. 63.680(b)(2)(viii). This category is RCRA hazardous waste stored
for 10 days or less at a transfer facility and in compliance with the
provisions for hazardous waste transporters in 40 CFR part 263. When
the EPA was developing the OSWRO NESHAP, the Agency did not intend that
subpart DD be applicable to those waste management operations that
serve to consolidate multiple, small hazardous waste shipments into a
single, larger load which then can be more efficiently delivered to the
final destination for the waste. For example, a hazardous waste
transporter may use a fleet of trucks to pickup small shipments of
hazardous waste from many different waste generators; deliver these
shipments to an interim transfer facility where the small shipments are
unloaded; store the waste in the shipping containers at the
transporter's facility for a short period (10 days or less); and then,
when a sufficient quantity of waste has been collected, consolidate the
containers as a single load on another truck or railcar for shipment of
the waste to the facility where the waste is to be treated or disposed.
2. Designation of Affected Sources
Section 63.680(c) is revised to clarify for a plant site subject to
the OSWRO NESHAP which processes, units, and equipment are designated
as affected sources under the rule. These amendments are format and
editorial revisions that do not substantively change the affected
sources regulated under the rule, but are made to clarify the EPA's
intent and improve ease of implementing these affected source
designations.
First, the designation of ``off-site material management units'' in
Sec. 63.680(c)(1) is revised to clarify that a given tank or container
cannot be subject to both the air standards for off-site material
management units (as applicable to the particular type of unit) and for
process vents. Language is added to clarify that if a tank or container
is equipped with a vent that serves as a process vent for one of the
six treatment processes specified in the rule, then the unit is not
part of the ``off-site material management unit'' affected source.
Instead, the unit (i.e., the process vent on this unit) is subject to
the standards for process vents in Sec. 63.683(c). The standards for
off-site material management units in Sec. 63.683(b) do not apply to
the unit. An example of such a case is the vent on a distillate
receiver vessel serving a distillation column used for reprocessing
used solvent. Although the distillate receiver vessel meets the
definition for a ``tank'' in the rule, it is not regulated as a tank
under Sec. 63.683(b), but instead the vessel is considered part of the
``process vent'' affected source.
[[Page 38953]]
Second, the designation of ``process vents'' in Sec. 63.680(c)(2)
is revised to explicitly state the six types of treatment processes
vented to the atmosphere that are considered ``process vent'' affected
sources under the OSWRO NESHAP. The EPA intended the air standards for
process vents under the OSWRO NESHAP to apply to the same types of
processes that the Agency regulates under related RCRA air rules for
process vents in 40 CFR part 264, subpart AA, and 40 CFR part 265,
subpart AA. These processes are distillation processes, fractionation
processes, thin-film evaporation processes, solvent extraction
processes, steam stripping processes, and air stripping. The revision
to Sec. 63.680(c)(2) includes detailed descriptions for each of the six
treatment process types. The description included for each type of
process is consistent with the definition used by the EPA for the
process under the RCRA air rules in 40 CFR part 264, subpart AA, and 40
CFR part 265, subpart AA.
Finally, the criteria designating which equipment components are
subject to the equipment leak standards under the OSWRO NESHAP are
moved from Sec. 63.683(b)(3) to Sec. 63.680(c)(3). This is a format and
editorial revision to facilitate ease of understanding and implementing
the rule and does not change the criteria used to designate which
equipment components are subject to the leak standards under the rule.
B. Definitions
The amendments revise several existing rule definitions and add two
new definitions to Sec. 63.681. These definition changes are made in
support of other amendments that the EPA has made to subpart DD to
resolve applicability issues and to clarify the intent of certain
standards under the rule.
The definition for a ``used solvent'' as used in Sec. 63.680(b) to
determine which types of materials received at a plant site are ``off-
site materials'' is revised to mean a mixture of aliphatic hydrocarbons
or a mixture of one and two ring aromatic hydrocarbons used as a
solvent which because of such use is contaminated by physical or
chemical impurities. This wording revision is made to clarify that only
solvents considered under the rule to be an ``off-site material'' are
those spent or otherwise contaminated solvents resulting from use by a
consumer (e.g., solvents used for cleaning, degreasing, paint
stripping, etc.) and subsequently returned to a facility for recycling
or reprocessing.
The ``process vent'' definition is revised to be consistent with
revisions made to Sec. 63.680(c)(2) designating the ``process vent''
affected sources under the OSWRO NESHAP (see section III.A.2 of this
document). Additional wording is also added to the definition for a
``process vent'' to clarify that for the purpose of implementing the
OSWRO NESHAP, a process vent is neither a vent used as a safety device
(as defined in the rule) nor an open-ended line or other vent that is
subject to the rule's equipment leak control requirements in
Sec. 63.691.
A new definition is added for the term ``off-site material
service'' for use in the revisions made to Sec. 63.680(c)(3)
designating the equipment leak affected sources under the OSWRO NESHAP
(see section III.A.2 of this document). ``Off-site material service''
means any time when a pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, or instrumentation system contains or contacts off-site
material.
The definition for ``HAP'' or ``hazardous air pollutants'' as used
throughout subpart DD is clarified. The definition is revised to mean
the specific organic chemical compounds, isomers, and mixtures listed
in Table 1 of subpart DD. The definition for ``volatile organic
hazardous air pollutant concentration'' (also referred to as ``VOHAP
concentration'') is revised to clarify that the VOHAP concentration of
an off-site material by definition is measured using Method 305 in 40
CFR part 63, appendix A. However, as an alternative to using Method
305, an owner or operator may determine the HAP concentration of an
off-site material using any one of the alternative test methods
specified in Sec. 63.694(b)(2)(ii). When one of these alternative test
methods is used to determine the speciated HAP concentration of an off-
site material, the individual compound concentration may be adjusted by
the corresponding fm305 value listed in Table 1 of subpart
DD to determine an equivalent VOHAP concentration.
The definition for ``point-of-treatment'' is revised to clarify
procedures for demonstrating compliance with the off-site material
treatment standards in Sec. 63.684. ``Point-of-treatment'' is revised
to mean the point after the treated material exits the treatment
process but before the first point downstream of the process where the
organic constituents in the treated material have the potential to
volatilize and be released to the atmosphere. For applying this
definition to the rule, the first point downstream of the treatment
process exit is not a fugitive emission point due to an equipment leak
from any of the following equipment components: pumps, compressors,
valves, connectors, instrumentation systems, or safety devices.
Several definition amendments are made to clarify the requirements
for air emission control equipment under Sec. 63.693. The definition
for a ``control device'' is revised to clarify that a control device
means equipment used for recovering, removing, oxidizing, or destroying
organic vapors. The definition for a ``cover'' is revised to clarify
that a cover must provide a continuous barrier over the off-site
material, and that each cover opening (e.g., access hatches, sampling
ports) must be in the closed position when the opening is not in use. A
new definition is added to the rule for the term ``flow indicator'' in
conjunction with amendments to the closed-vent system standards in
Sec. 63.693(c) (see section III.G.1 of this document). A ``flow
indicator'' means a device that indicates whether gas is flowing, or
whether the valve position would allow gas to flow in a bypass line.
Finally, the definition for a ``safety device'' is amended to mean
a closure device (e.g., a pressure relief valve, frangible disc,
fusible plug) which functions to prevent physical damage or permanent
deformation to equipment by venting gases or vapors from the equipment
during unsafe conditions resulting from an unplanned, accidental, or
emergency event. The EPA has made this revision to the wording of the
definition to provide owner and operator flexibility in the use and
location of these necessary devices. Wording changes clarify that a
safety device may be used on not just the air pollution control
equipment operated to comply with the rule but also on the controlled
source's process and ancillary equipment. Also, instead of venting a
safety device directly to the atmosphere when emergency relief is
necessary, a common practice at some facilities is to vent the safety
device directly to equipment designed specifically and solely to
contain or control the vented gases and vapors. The EPA made a second
wording change to clarify that the EPA did not intend to preclude from
the control equipment operating conditions allowed under the rule, the
opening of a safety device when used with additional safety equipment.
C. Standards: General
Several revisions are made to the exemptions from air standards
allowed
[[Page 38954]]
under the OSWRO NESHAP for ``off-site material management unit'' and
``process vent'' affected sources. These amendments do not
significantly change the HAP emission reductions and the implementation
costs expected for the rule. Also, the format and organization used for
the section is revised to improve the ease of understanding and
applying the standards. The requirements and exemptions are grouped
together by affected source type. For example, all of the requirements
and exemptions applicable to off-site material management units are now
found in Sec. 63.683(b).
1. Off-Site Material Management Unit Exemptions
Amendments are made to two of the exemptions for off-site material
management units in Sec. 63.683(b). First, the exemption in
Sec. 63.683(b)(2)(iii) for a tank or surface impoundment used for a
biological treatment process is revised to eliminate a redundant
qualification condition. As originally published, to qualify for this
exemption the OSWRO NESHAP required an owner or operator to demonstrate
that the biological treatment process achieves two conditions: (1) an
overall HAP reduction efficiency of 95 percent or more, and (2) a HAP
biodegradation efficiency of 95 percent or more. Upon review of this
requirement, the EPA concluded that demonstrating a HAP biodegradation
efficiency of 95 percent or more also means that the process achieves
an overall HAP reduction efficiency of at least 95 percent.
Consequently, requiring an owner or operator electing to qualify for
this exemption to perform the determination of overall HAP reduction
efficiency is unnecessary. Therefore, Sec. 63.683(b)(2)(iii) is amended
by deleting the requirement to demonstrate that the process achieves a
HAP reduction efficiency greater than or equal to 95 percent.
The exemption in Sec. 63.683(b)(2)(iv) for an off-site material
management unit in which RCRA hazardous waste is managed according to
the applicable conditions specified by the RCRA Land Disposal
Restrictions (LDR) in 40 CFR part 268, is amended. This provision is
revised to clarify application of the exemption to those situations
when the off-site material is a type of hazardous waste not prohibited
from land disposal or is composed of a mixture of different hazardous
wastes. The EPA previously addressed this question in amendments to
related RCRA air rules in 40 CFR part 264, subpart CC and 40 CFR part
265, subpart CC (see 62 FR 64636, December 8, 1997). The preamble to
these amendments provides a detailed discussion of this provision, how
it interacts with the RCRA LDR, and how the EPA interprets the
application of this exemption in specific situations (see 62 FR 64643).
The EPA is amending Sec. 63.683(b)(2)(iv) by adopting the same rule
language used for the provision in the RCRA air rules.
2. Process Vent Exemptions
Amendments for process vents in Sec. 63.683(c) add new provisions
to exempt certain vents that are part of a ``process vent'' affected
source from the air rule standards. Three specific exemptions for
process vents are provided in the amended rule. These exemptions do not
significantly change the level of HAP emission reduction achieved under
the OSWRO NESHAP for process vents.
The first exemption is added to be consistent with an exemption
already provided in the rule for off-site material management units. A
process vent is exempted from the air emission control requirements of
the OSWRO NESHAP if the HAP emissions from the vent are already being
controlled in compliance with the provisions specified in another
subpart in 40 CFR part 61 or 40 CFR part 63.
The EPA is also adding exemptions for certain process vent streams
with low flow, low HAP concentration characteristics, in response to
comments received after promulgation of the rule, regarding the
technical difficulty and high cost of controlling these process vent
streams to achieve standards under the OSWRO NESHAP. The EPA
acknowledges that, under certain circumstances, it may be technically
difficult and costly to control a low flow, low HAP concentration vent
stream to a level that achieves the standard for process vents
specified in the rule (i.e., removal or destruction of the HAP from
each individual affected process vent gas stream by 95 percent or more
on a mass basis). For example, use of a thermal vapor incinerator to
control a low flow, low organic HAP concentration vent stream may only
achieve a 95 percent emission reduction by incurring the substantially
higher equipment and operating costs required to overcome the technical
limitations of enclosed combustion control devices. Other conventional
air emission control devices commonly used at existing OSWRO sources
(e.g., carbon adsorbers, condensers, catalytic vapor incinerators) also
have technological constraints relative to controlling low flow, low
concentration vent streams. Consequently, the level of potential HAP
emission reduction that can be achieved for the low flow, low organic
HAP concentration vent streams typically emitted from processes
regulated by the OSWRO NESHAP is limited, in practical terms, by the
technical limitations of conventional air pollution control devices and
the costs to overcome these limitations.
The EPA reconsidered the potential HAP emission reduction levels
achievable when conventional air emission control devices are applied
to low flow, low organic HAP concentration vent streams from OSWRO
processes. The EPA decided that it is reasonable and appropriate to
exempt from the air emission control requirements under the OSWRO
NESHAP those process vent streams for which the potential for HAP
emission reduction is small and the application of conventional air
emission control devices is not practical.
To exempt very low flow rate vent streams, the EPA selected an
approach consistent with the approach the Agency has used for other
NESHAP to exempt these types of process vent streams. A process vent is
exempted from the air emission control requirements of the OSWRO NESHAP
if the owner or operator determines the process vent stream flow rate
to be less than 0.005 standard cubic meters per minute. Considering the
range of the vent stream organic HAP concentrations typically emitted
from the types of processes regulated by the OSWRO NESHAP, the
potential HAP emission reductions achieved by controlling process vent
streams below this flow rate cutoff value are extremely low regardless
of the organic HAP concentration level.
The EPA decided that it is not appropriate to exempt OSWRO process
vent streams with flow rates greater than 0.005 standard cubic meters
per minute independent of considering the organic HAP concentration of
the vent stream. Even though a given process vent stream has a low
organic HAP concentration, the level of total organic HAP emissions to
the atmosphere can still be substantial if the gas stream volume
emitted is moderately high. Considering the organic HAP concentration
of process vent streams for OSWRO sources, the EPA concluded that
requiring control of those process vent streams having both a flow rate
below 6.0 standard cubic meters per minute and a total organic HAP
concentration less than 20 parts per million by volume (ppmv) does not
provide sufficient HAP emission reductions from these sources to
justify the substantial compliance costs for the OSWRO facility owner
and operator. Therefore, the EPA is
[[Page 38955]]
amending the OSWRO NESHAP to exempt those affected process vent streams
having a flow rate less than 6.0 standard cubic meters per minute and a
total HAP concentration in the vent stream less than 20 ppmv. This
process vent exemption requires that both the process vent flow rate
and the organic HAP concentration criteria be met to qualify for the
exemption.
D. Standards: Off-Site Material Treatment
Use of air emission controls for an affected off-site material
management unit or process vent is not required under the OSWRO NESHAP
if the HAP contained in the off-site material is removed or destroyed
before placing the material in the affected unit. To comply with this
provision, the rule provides alternative treatment standards in
Sec. 63.684. Revisions are made to several of the alternative treatment
standards allowed under the rule. These amendments do not significantly
change the HAP emission reductions and the implementation costs
expected for the rule.
Some facility owners and operators misinterpreted the VOHAP
concentration treatment alternative under Sec. 63.684(b)(1)(ii), as
published in the July 1996 version of the rule, to apply only to off-
site material streams with a VOHAP concentration less than 500 parts
per million by weight (ppmw), and that the EPA was requiring treatment
of these low HAP streams contrary to the general standards stated in
Sec. 63.683. This is not the EPA's intent, and the rule language is
amended to clarify that this alternative is used for the situation
where the off-site material entering a treatment process is composed of
a mixture of off-site material streams having an average VOHAP
concentration greater than 500 ppmw with off-site material streams
having an average VOHAP concentration less than 500 ppmw.
The HAP efficiency treatment alternative in Sec. 63.684(b)(3) is
amended to clarify that this treatment alternative is not applicable to
a biological degradation process conducted in open tanks or surface
impoundments (for open biodegradation processes an owner or operator
may comply with Sec. 63.684(b)(4)). Demonstrating an overall HAP
reduction efficiency for a treatment process that is open to the
atmosphere does not ensure that the HAP in the off-site material is
actually destroyed or removed. A portion or all of the volatile organic
HAP constituents present when the off-site material enters the process
may volatilize directly to the atmosphere from the exposed surface of
the material in an open tank or surface impoundment before this
material finally exits the process.
Also in Sec. 63.684(b)(3), a correction is made to the value of the
HAP removal efficiency performance level required in circumstances
where the off-site material stream entering the treatment process has
an average VOHAP concentration equal to or greater than 10,000 ppmw at
the point-of-delivery. The value for HAP removal efficiency performance
level is corrected to read 99 percent (not 95 percent as published in
July 1996). A treatment process can only meet the second condition of
the standard that requires the average VOHAP concentration of the off-
site material at the point-of-treatment to be less than 100 ppmw by
achieving a HAP removal efficiency of at least 99 percent.
The biodegradation treatment alternative in Sec. 63.684(b)(4) is
amended to clarify that this alternative applies only to a biological
degradation treatment process conducted in open tanks or surface
impoundments. Also, consistent with the amendment made by the EPA to
the exemption in Sec. 63.683(b)(2)(iii) for a tank or surface
impoundment used for biological treatment (see section III.B.1 of this
document), Sec. 63.684(b)(4)(i) is revised to eliminate the redundant
condition requiring determination of the overall HAP reduction
efficiency for the biodegradation process.
Provisions are added in Sec. 63.684(e)(4) requiring the owner or
operator to establish and implement a procedure to monitor appropriate
parameters that demonstrate proper operation of a biological treatment
unit according to the evaluation required in Sec. 63.694(h). Under this
requirement, the owner or operator must list the operating parameters
monitored and state the frequency of monitoring to ensure that the
biological treatment unit is operating between the minimum and maximum
operating parameter values to establish that the unit is continuously
achieving the relevant performance requirement.
E. Standards: Tanks
The standards for a tank required under Sec. 63.685(b)(1) to use
Tank Level 1 controls are amended to provide two alternatives for
complying with the rule. First, an alternative is added to the rule
(see Sec. 63.685(c)(2)(ii)) to explicitly clarify that the owner or
operator of the tank may instead choose to use the more stringent Tank
Level 2 controls to comply with the rule. The EPA's intent is that an
owner or operator may select a more stringent control level than the
minimum control requirement. Second, an alternative is added to the
rule (see Sec. 63.685(c)(2)(iii)) for the special circumstance when a
tank is used as an interim transfer point to transfer off-site material
from containers to another off-site material management unit. An
example of such a tank is an in-ground tank into which organic-
contaminated debris is dumped from roll-off boxes or dump trucks, and
then this debris is promptly transferred from the tank to a
macroencapsulation unit by a backhoe. This alternative allows the cover
to be removed during those periods of time when the material transfer
activity is occurring. At all other times, air emissions from the tank
must be controlled in accordance with the provisions specified in 40
CFR part 63, subpart OO--National Emission Standards for Tanks--Level
1. The EPA previously included provisions for these types of tanks in
the related air rules for waste management units under the RCRA subpart
CC air rules in 40 CFR parts 264 and 265 (see docket A-92-16, document
VI-B-2).
The standards in Sec. 63.685(b)(4) for a tank that manages off-site
material having a maximum HAP vapor pressure that is equal to or
greater than 76.6 kilopascals (kPa) are amended to provide two
additional compliance alternatives. These additional compliance
alternatives are using either (1) a pressure tank, or (2) a tank
located inside an enclosure vented through a closed vent system to an
enclosed combustion device. These two additional control alternatives
provide a level of HAP emission control equivalent to the original
control requirement (i.e., venting the tank directly to a control
device), while at the same time providing greater compliance
flexibility to the owners and operators subject to the rule.
The requirements in Sec. 63.685(h) for owners and operators
electing to use the Tank Level 2 control alternative of a pressure tank
are amended to allow the purging of inert materials from the pressure
tank. Inert material purging is a short duration maintenance procedure
required by good engineering practice to ensure proper operation of
this type of tank system.
The requirements in Sec. 63.685(i) for owners and operators
electing to use the Tank Level 2 control alternative of an enclosure
vented to an enclosed combustion control device are amended to add a
provision allowing a safety device to open anytime conditions require
it to do so to avoid an unsafe condition. The EPA included this safety
provision for all of the other tank control alternatives under the
OSWRO NESHAP, but the provision
[[Page 38956]]
inadvertently was not included in the regulatory language for this Tank
Level 2 control alternative when the final rule was published in July
1996.
F. Standards: Process Vents
The air emission control requirements for process vents in
Sec. 63.690(b) are amended to clarify that for the purpose of complying
with this standard, the EPA considers a primary condenser associated
with an affected process to be part of the process and not the air
emission control device. The primary condenser is a condenser for which
the predominant function is the recovery or capture of solvents or
other organics for use, reuse, or sale. The EPA considers a secondary
condenser or other organic recovery device that is operated downstream
of the primary condenser to be a control device for the purpose of
complying with the OSWRO NESHAP.
G. Standards: Closed-Vent Systems and Control Devices
Amendments to the standards for closed-vent systems and control
devices in Sec. 63.693 correct technical omissions, update specific
requirements consistent with recent decisions made by the EPA for other
NESHAP, and correct terminology, typographical, printing, and
grammatical errors. These amendments do not significantly change the
HAP emission reductions and implementation costs expected for the rule.
1. Closed-Vent System Requirements
The inspecting and monitoring requirements for a closed-vent system
in Sec. 63.693(b)(5) are amended to add an alternative procedure. This
alternative allows an owner or operator to inspect and monitor the
closed-vent system according to the procedure specified in 40 CFR part
63, subpart H--National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks (specifically the procedure in
Sec. 63.172(f) through (h)). Although some details of the subpart H
procedure vary from the procedure already specified in the OSWRO
NESHAP, both procedures achieve the same overall result of ensuring
that the closed-vent system continues to operate properly after its
initial installation and testing. This amendment allows those owners
and operators who are already inspecting and monitoring other closed-
vent systems at their facility using the subpart H procedure to comply
with another NESHAP allowing the flexibility to use a common procedure
for all of the affected closed-vent systems at the facility.
Section 63.693(c) is amended to update the requirements for those
situations when a closed-vent system bypass device is installed to be
consistent with other recently promulgated NESHAP. The revised language
does not significantly change the technical requirements but does
clarify the requirements for an owner or operator choosing to use a
flow indicator to comply with the provision. The rule requires that
this device merely indicate the presence of gas flow through the bypass
line or duct. The device does not need to measure or quantify the flow
rate (although a flow measurement device can be used to comply with
this provision of the rule if an owner or operator chooses to do so).
2. General Control Device Requirements
The requirements in Sec. 63.693(b)(8) for using a design analysis
to demonstrate that a given control device achieves the applicable
performance requirements of the rule are amended. If the design
analysis prepared by the owner or operator is determined by the
Administrator to be incomplete or deficient, the amended rule allows
the Administrator to first request that the design analysis be revised
or amended by the owner or operator to correct the deficiencies
identified by the Administrator. If the owner or operator and the
Administrator still do not agree on the acceptability of using this
revised design analysis to demonstrate that the control device achieves
the applicable performance requirements, then the disagreement is to be
resolved using the results of a performance test conducted by the owner
or operator.
3. Carbon Adsorption System Requirements
The monitoring requirements in Sec. 63.693(d)(3) for carbon
adsorption control devices are amended to clarify the requirements.
Section 63.693(d)(3)(i) is amended to clarify that owners and operators
choosing this monitoring alternative for regenerative-type carbon
adsorption systems must monitor both total regeneration stream mass
flow and the carbon bed temperature. Section 63.693(d)(3)(ii) is
amended to add a requirement that the daily average concentration level
of organic compounds in the exhaust stream from the control device must
be monitored. The EPA considers an averaging time to be necessary to
properly determine compliance.
The spent carbon management requirements in Sec. 63.693(d)(4) are
amended to add two more alternatives. The amendments add the
alternatives of using: (1) a thermal treatment unit using air emission
controls according to the control device standards under the OSWRO
NESHAP, or (2) a thermal treatment unit using organic air emission
controls according to another NESHAP in 40 CFR part 61 or 40 CFR part
63. These changes make this requirement consistent with other air rules
that affect similar waste management sources (see section
264.1088(c)(3)(ii) and section 265.1089(c)(3)(ii)).
4. Condenser Requirements
The monitoring requirements in Sec. 63.693(e)(3) for condenser
control devices are amended to clarify the requirements. Section
63.693(e)(3)(i) and (ii) are amended to require monitoring of either
the daily average exhaust gas temperature or the daily average
concentration level of organic compounds in the exhaust stream. The EPA
considers monitoring one of these parameters to be necessary to
properly determine compliance.
5. Vapor Incinerator Requirements
The monitoring requirements in Sec. 63.693(f) for vapor
incinerators are amended to add a requirement that owners and operators
measure and record the daily average of the particular parameter being
monitored (i.e., temperature or concentration). The EPA considers
monitoring these parameters to be necessary to properly determine
compliance.
6. Boiler and Process Heater Requirements
The monitoring requirements in Sec. 63.693(g) for boilers and
process heaters are amended to include provisions requiring that the
monitoring systems for boilers and process heaters used as control
devices measure and record the daily average of the particular
parameter being monitored (i.e., temperature or concentration). The
provision of a daily averaging time for control device monitoring
parameters is necessary to properly determine compliance.
7. Flare Requirements
The requirements in Sec. 63.693(h) for flares are amended to
clarify the compliance demonstration and monitoring procedures to be
used for a flare. Section 63.693(h)(2) is added to the rule to specify
the procedure an owner or operator must use to demonstrate that the
flare achieves the requirements in 40 CFR 63.11(b). This amendment is
added because the cross-reference to the General Provisions in 40 CFR
part 63, subpart A, as specified in
[[Page 38957]]
the version of the final rule published in July 1996, does not explain
the specific flare compliance demonstration procedure that an owner or
operator is to use for the OSWRO NESHAP.
The flare monitoring requirements are now specified in
Sec. 63.693(h)(3) and are amended to require that the owner or operator
record for each 1-hour period whether the required pilot flame monitor
was continuously operating and whether a flame was present during each
hour as required. This change is made to add an averaging time.
H. Testing Methods and Procedures
1. Alternative Methods for Determination of Average VOHAP Concentration
The EPA is adding three more alternative methods in
Sec. 63.694(b)(ii) that an owner or operator may choose to determine
the average HAP concentration of an off-site material. The methods
added are Method 625 in 40 CFR part 136, appendix A, and Method 8260
and Method 8270 in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992 (or any more
recent, updated version of these methods approved by the EPA). The EPA
developed these methods for use in implementing rules under the Clean
Water Act and RCRA, respectively. The methods measure the concentration
of organic pollutants in municipal and industrial wastewaters.
Commenters suggested that these methods are also applicable to the
OSWRO NESHAP for the determination of off-site material HAP
concentration. After review of the methods, the EPA decided that using
the three methods for direct measurement of the HAP concentration of
certain off-site material is reasonable and adding them to the OSWRO
NESHAP is appropriate. The EPA believes that with the addition of these
methods, the rule now provides a range of alternatives for determining
the HAP concentration of an off-site material such that every owner and
operator of facilities subject to the OSWRO NESHAP have available
practical and inexpensive VOHAP determination alternatives.
It is important to note that for each of the alternative methods
allowed under Sec. 63.694(b)(ii) (i.e., the listed methods other than
Methods 305 and 25D), there is a published list of chemical compounds
that the EPA considers the method appropriate to measure. An owner or
operator may only use an alternative method to measure compounds that
are on the list associated with that method, unless the specified
validation procedures are also performed. Furthermore, for a VOHAP
concentration determination, the owner or operator must evaluate the
total mass of HAP compounds in an off-site material (i.e., all
compounds listed in Table 1 of subpart DD). Therefore, the owner or
operator is responsible for determining that the analytical method used
for a VOHAP concentration determination is sufficient to evaluate all
of the applicable organic compounds contained in the off-site material.
If an owner or operator chooses to use an alternative to Method 305 to
analyze an off-site material that contains unknown compounds or many
different compounds, performing ``screening'' analyses may first be
necessary to verify that the alternative method chosen is, in fact,
appropriate to evaluate all the necessary compounds.
The alternative test methods measure the total concentration of the
HAP constituents listed in Table 1 of subpart DD. The VOHAP
concentration of an off-site material by definition is the fraction by
weight of those compounds listed in Table 1 as measured using Method
305. Owners and operators may choose to ``correct'' the HAP values
measured by an alternative method to equate to the VOHAP values that
would be measured using Method 305. This correction is made by
multiplying the total concentration measured values times the
appropriate ``fm305 factor'' listed in Table 1 of subpart DD
to obtain the Method 305 VOHAP concentration equivalent.
Method 625 is appropriate for determining the HAP concentration of
an off-site material provided that the corrections for the measured
compounds in Table 7 of the method are made. Methods 8260 and 8270 are
also considered appropriate provided that formal quality assurance
procedures are established, followed, and recorded to address those
elements of the methods considered relevant for measuring the actual
concentration of organic compounds. The quality assurance program must
address procedures to minimize the loss of compounds due to
volatilization, biodegradation, reaction, or sorption during the sample
collection, storage, and preparation steps, as well as addressing the
overall accuracy and precision of the specific method used.
None of the alternative methods specify sample collection and
handling procedures considered adequate by the EPA to minimize the
volatilization of organics from the sample before analysis. Therefore,
to ensure that a representative sample of an off-site material is
analyzed, an owner or operator that chooses to use either Method 624,
625, 1624, 1625, 8260, or 8270 for the OSWRO NESHAP is required to
develop and follow a written sampling plan. This plan describes a step-
by-step procedure for collecting representative samples of the off-site
materials such that material integrity is maintained and minimal loss
of organics from the sample occurs throughout the collection and
analysis process. An example of an acceptable sampling plan is one that
incorporates sample collection and sample handling procedures similar
to those specified in Method 25D. The sampling plan is to be maintained
on-site in the facility records.
The provisions in Sec. 63.694(c)(ii) listing the alternative
methods for determining the average VOHAP concentration of an off-site
material at the point-of-treatment are revised and simplified to cross-
reference all of the methods allowed under Sec. 63.694(b)(ii).
2. Equation Corrections
The equation in Sec. 63.694(b)(2)(iii) used for calculating the
average VOHAP concentration of an off-site material is amended to
correct the rule citation used to define the term ``Ci.''
The correct citation is Sec. 63.694. The same correction is made for
the terms ``Ci'' in the equation in Sec. 63.694(c)(3), ``y''
and ``Cy'' in the equation in Sec. 63.694(e)(4), and
``Qbj'' and ``Cbl'' in the equation in
Sec. 63.694(g)(4).
The equation in Sec. 63.694(c)(3) used for calculating the average
VOHAP concentration on a mass-weighted basis is corrected to clarify
the inputs to the equation. In the equation, the value for
Qt is the sum of the Qi's used in the equation.
This value represents the sum or total off-site material quantity used
to characterize the off-site material over the averaging period. Each
VOHAP concentration determination must have a corresponding off-site
material quantity that represents the amount of material generated or
received over the averaging period used to determine the VOHAP
concentration value. To calculate a mass-weighted average VOHAP
concentration over the averaging period, multiply each VOHAP
concentration by the quantity of material it represents and then divide
by the total quantity of material (i.e., the sum of the individual off-
site material quantities).
3. Procedure for Determination of No Detectable Emissions
Several amendments are made to the procedure for determination of
no
[[Page 38958]]
detectable emissions in Sec. 63.694(k). As discussed in the appropriate
later sections of this document, the same changes are made to the
procedure as specified in 40 CFR part 63, subparts OO, PP, QQ, and VV.
The procedure is amended to allow either methane or n-hexane to be
used as the calibration gas for the detection instrument. It is the
EPA's intent that the calibration procedure be consistent with the
procedure as applied to related air rules (e.g., see the equipment leak
test methods and procedures at sections 264.1063 and 265.1063).
Therefore, the requirement for calibration gases in Sec. 63.694(k)(4)
is amended to provide the owner or operator the choice of using methane
or n-hexane as allowed under these other rules.
Section 63.694(k)(6) is amended to allow an owner or operator the
option of choosing to adjust or not adjust the detection instrument
readings to account for the background organic concentration level.
Frequently at a source, the maximum organic concentration value
measured by the detection instrument is well below the organic
concentration value that defines ``no detectable emissions.'' In this
case, requiring an ambient background correction is an unnecessary
step. Thus, the EPA decided that it is reasonable and appropriate for
the correction of the measured value for the ambient background level
to be an option used at the owner's or operator's discretion. If an
owner or operator chooses to adjust the instrument readings for the
background level, the background level value must be determined
according to the procedures in Method 21 of 40 CFR part 60, appendix A.
Finally, the procedure is amended to add provisions for
determination of no detectable emissions from a seal used around a
rotating shaft that passes through a cover opening. In this case, if
the arithmetic difference between the maximum organic concentration
indicated by the instrument and the background level is less than
10,000 ppmv, then the potential leak interface is determined to operate
with no detectable organic emissions. This addition is made for
consistency with other related EPA air rules regarding the
determination of no detectable emissions.
4. Determination of Process Vent Stream Flow Rate and Total HAP
Concentration
A new Sec. 63.694(m) is added to subpart DD specifying the testing
methods and procedures that an owner or operator must follow to
determine a process vent stream flow rate and total organic HAP
concentration. These new requirements are added to the rule to support
the amendments to Sec. 63.683(b) adding exemptions for process vents
based on the vent stream flow rate and total organic HAP concentration
(see section III.F of this document). The procedures and test methods
added to the rule for these determinations are the EPA reference
methods in appendix A of 40 CFR part 60 for measuring gas stream flow
rates and organic concentrations.
I. Inspection and Monitoring Requirements
Section 63.695 is amended to consolidate the inspection and
monitoring requirements under subpart DD in this section, update the
control device monitoring requirements to be consistent with recent
decisions made by the EPA for compliance assurance monitoring of
sources subject to using air emission controls under a NESHAP, and to
make minor technical modifications. The amendments do not significantly
change the estimated inspection and monitoring costs for the rule.
The inspection requirements for covers, closed-vent systems, and
transfer systems in Sec. 63.695 are amended to make allowances for
units or equipment that an owner or operator determines to be unsafe to
inspect on an annual interval. The rule requires that the owner or
operator perform an initial inspection of the control equipment used to
comply with the rule, and follow-up inspections at least once per
calendar year. A new paragraph under Sec. 63.695(f) is added to the
rule that provides that following the initial inspection of an air
pollution control device, an owner or operator may perform subsequent
inspections at intervals longer than 1 year when the owner or operator
determines that performing the applicable inspection and monitoring
procedures would expose a worker to dangerous, hazardous, or otherwise
unsafe conditions. In such a case, the owner or operator is required
to: (1) Prepare written documentation that explains the reasons why the
equipment is unsafe to inspect or monitor on an annual basis; and (2)
develop and implement a written plan and schedule to inspect and
monitor the air pollution control equipment using the applicable
procedures specified in this section during times when a worker can
safely access the air pollution control equipment. The required
inspections and monitoring must be performed as frequently as
practicable but do not need to be performed more frequently than the
periodic schedule that would otherwise be applicable to the air
pollution control equipment under the provisions of the rule. For
example, when the rule requires a cover to be inspected at least once
per calendar year, inspection of a cover designated as ``unsafe to
inspect'' need not be performed more frequently than once during a
calendar year if during that year unscheduled process shutdowns or
other unexpected events create multiple times when a worker could
safely access the cover.
A provision is added to the inspection requirements in
Sec. 63.695(b)(1) for tanks and in Sec. 63.695(d)(1) for transfer
systems to clarify that in the case where a tank or transfer system is
buried partially or entirely underground, inspection is required only
for those portions of the equipment and those connections to the
equipment (such as fill ports, access hatched, or gauge wells) that
extend to or above the ground surface and can be opened to the
atmosphere. It was not the EPA's intent that those portions of the tank
or transfer system that are located below ground and, consequently, not
easily accessible, be inspected annually. The EPA previously included
this provision in other related air rules for waste management units
(e.g., the RCRA subpart CC air rules in 40 CFR parts 264 and 265).
The control device monitoring requirements under the rule are
revised and updated to be consistent with the EPA's application of
compliance assurance monitoring to sources under a NESHAP. A new
Sec. 63.695(e) is added to consolidate the control device monitoring
requirements. This section establishes the technical specifications for
continuous monitoring of control device operating parameters;
establishes the criteria for calculating the daily average value for
each monitored operating parameter; incorporates a requirement that the
owner or operator establish appropriate operating parameter limits for
the range of conditions at which the control device must be operated to
continuously achieve the applicable performance requirements; and
defines the conditions under which an excursion for a given control
device is determined to have occurred based on the monitoring data
results.
The EPA considers an excursion to be a failure to achieve the
applicable standards due to improper operation of the control device.
The rule allows one excused excursion for a control device per
semiannual period for any reason. Should any additional excursions
occur during this period (other than those that occur during the
specific conditions listed in Sec. 63.695(e)(6)(i)), each of these
[[Page 38959]]
additional excursions is a violation of the standard. Conditions under
which an excursion of the operating parameter limit is not a violation
of the standard are: (1) periods of startup, shutdown, and malfunction
if during the period the affected unit or facility is operated
according to the facility's startup, shutdown, and malfunction plan;
and (2) periods of non-operation of the unit or process that is vented
to the control device that result in cessation of HAP emissions to
which the monitoring applies.
J. Notification and Reporting Requirements
The notification requirements in Sec. 63.697(a) are amended to
allow owners and operators of existing sources subject to the amended
OSWRO NESHAP, to file an initial notification (as required in
Sec. 63.9(b)) on or before 30 days after the date that today's
amendments become effective. This provision is added to the rule in
recognition by the EPA that, as a result of the clarifying amendments
made by today's direct final rulemaking, there may be some facility
owners and operators who now understand, for the first time, that their
facility is subject to the OSWRO NESHAP.
The reporting requirements in Sec. 63.697(b)(4) are amended by
adding language to clarify the type of information the owner or
operator should include in the semiannual report regarding control
device excursions. The semiannual report must include a description of
all excursions, as defined in the subpart, that have occurred during
the 6-month reporting period. This includes excursions caused when the
daily average value of a monitored operating parameter is outside the
established operating parameter limit as well as excursions caused by a
lack of adequate monitoring data.
K. HAP List for Subpart DD
Table 1 in subpart DD lists the specific organic chemical
compounds, isomers, and mixtures that are HAP for the purpose of
implementing the requirements of OSWRO NESHAP. Two changes are made to
this table. First, the listing for the compound, 1,1-dimethyl
hydrazine, is deleted from Table 1. As discussed in the preamble for
the final rule (see 61 FR 34140), 1,1-dimethyl hydrazine was one of the
specific compounds that EPA decided to delete from its proposed HAP
list for this rulemaking because of the low potential for the compound
to be emitted from the type of waste management and recovery operations
subject to the rule. This compound inadvertently was not deleted from
the version of Table 1 published in July 1996.
Table 1 also is amended to clarify that for the glycol ethers
chemical group listing in the table, only those glycol ethers that have
a Henry's Law constant value equal to or greater than 0.1 Y/X (1.8 x
10--6 atm/gm-mole/m3) at 25 deg.C must be
included in the determination of the VOHAP concentration. The group of
glycol ether chemicals contains a large number of compounds that have
Henry's Law constant values both above and below this cutoff value.
Therefore, rather than attempt to list the specific glycol ether
compounds in the table and potentially omit a given glycol ether HAP,
the criteria for identifying which glycol ether compounds must be
included in the VOHAP determination was added to the rule.
IV. Amendments to Subpart OO--National Emission Standards for
Tanks--Level 1
The EPA is amending 40 CFR part 63, subpart OO, to clarify several
specific rule requirements, to correct minor typographical and
terminology errors, and to make the provisions of subpart OO consistent
with the technical amendments made to 40 CFR part 63, subpart DD, where
applicable. The amendments to 40 CFR part 63, subpart OO, are
summarized below.
A. Definitions
The definition for a ``safety device'' specified in Sec. 63.901 is
amended to incorporate the same changes made to the definition for a
``safety device'' for 40 CFR part 63, subpart DD, in Sec. 63.681. These
changes are discussed in section III.B of this document.
B. Standards--Tank Fixed Roof
The standards for fixed roof tanks in Sec. 63.902 are amended with
additional language to clarify the EPA's intent for compliance with two
specific provisions. First, Sec. 63.902(a) is amended to specifically
state that the standards under this section do not apply to a fixed
roof tank that is also equipped with an internal floating roof. Second,
Sec. 63.902(b) is amended with additional language to specifically
state that a facility owner or operator is allowed to install a closure
device on a tank manifold system or header vent when a series of tanks
have their vents (i.e., tank openings) connected to a common header.
This amendment makes EPA's application of the fixed roof standards to a
tank connected to a manifold system consistent with other air rules
that affect similar waste management sources (see 62 FR 64648, December
8, 1997).
C. Test Methods and Procedures
The procedure for determination of no detectable organic emissions
specified in Sec. 63.905 is amended to incorporate the same revisions
and additions made to the procedure for 40 CFR part 63, subpart DD, in
Sec. 63.694(k). The specific amendments are discussed in section III.G
of this document.
D. Inspection and Monitoring Requirements
The inspection and monitoring provisions for owners and operators
that use a tank equipped with a fixed roof is amended by adding a new
paragraph (d) to Sec. 63.906 which allows alternative inspection
intervals longer than 1 year when an owner or operator determines that
performing a required inspection or monitoring procedures would expose
a worker to dangerous, hazardous, or otherwise unsafe conditions. The
alternative inspection interval provision is the same as that for 40
CFR part 63, subpart DD, in Sec. 63.695(f). The alternative inspection
interval provision and related compliance requirements are discussed in
section III.I of this document.
V. Amendments to Subpart PP--National Emission Standards for
Containers
The EPA is amending 40 CFR part 63, subpart PP, to clarify several
definitions, to correct minor typographical and terminology errors, and
to make the provisions of subpart PP consistent with the technical
amendments made to 40 CFR part 63, subpart DD, where applicable. The
amendments to 40 CFR part 63, subpart PP, are summarized below.
A. Definitions
Two of the definitions in Sec. 63.921 are revised to clarify the
EPA's intent in applying each definition to provisions in the rule. The
definition for an ``empty container'' is revised to remove redundant
language regarding a container that meets the definition of an ``empty
container'' used for implementing RCRA hazardous waste rules (see 40
CFR 261.7(b)). The definition for a ``safety device'' is amended to
incorporate the same revision made to the definition for a ``safety
device'' for 40 CFR part 63, subpart DD, in Sec. 63.681. This change is
discussed in section III.B of this document.
B. Test Methods and Procedures
The procedure for determination of no detectable organic emissions
specified in Sec. 63.925 is amended to incorporate the same revisions
and additions made
[[Page 38960]]
to the procedure for 40 CFR part 63, subpart DD, in Sec. 63.694(k). The
specific amendments are discussed in section III.G of this document.
C. Inspection and Monitoring Requirements
The EPA has received questions regarding the implementation of the
inspection requirements for containers using either Container Level 1
or Container Level 2 controls as specified under the rule. The EPA is
amending several provisions in Sec. 63.926 to clarify which containers
are required to be inspected and when these inspections need to be
performed.
The regulatory language in Sec. 63.926(a)(1) is amended to clarify
when the initial inspection must be performed for a container that
already contains a regulated material when it is delivered to a
facility. A visual inspection is required when the owner or operator
first accepts possession of the container at the facility site if the
container is not emptied (i.e., does not meet the conditions for an
``empty container'' as defined in the rule) within 24 hours after the
container has been accepted at the facility site.
For a container that is delivered to an affected facility
containing a regulated material but is not emptied within the allowed
24-hour period, the container must be inspected according to the
requirements of the rule by the calendar day on which the facility
owner or operator accepts possession of the container. For the purpose
of compliance with subpart PP, this date of acceptance is the date of
signature by the facility owner or operator on the manifest or shipping
papers accompanying the container. It is allowable under subpart PP to
have a party other than the owner or operator of the affected facility
perform the inspection prior to the acceptance date. For example, if an
owner or operator of an affected facility accepts a shipment of
containers that arrives at the facility on a truck, it is allowable
under the rule to have the shipper or transporter perform the visual
inspection of the individual containers before or during loading of the
containers onto the truck for transport to the affected facility. In
this case, the party performing the inspections (e.g., the container
shipper or transporter) needs to provide the owner or operator of the
recipient facility with written documentation to verify that the
containers have been inspected in accordance with the requirements of
Sec. 63.926. Regardless of who performs the inspections, it is
ultimately the responsibility of the owner or operator of the affected
facility to ensure that the inspections have been performed in
compliance with all of the applicable requirements under subpart PP.
Section 63.926(a)(2) is amended to clarify the conditions under
which additional visual inspections must be conducted for those
containers, using either Container Level 1 or Container Level 2
controls that remain at the facility for more than 1 year. When a
container, filled or partially filled with regulated-material, remains
unopened at the facility site for a period of 1 year or more, the
container and its cover and closure devices must be visually inspected
by the owner or operator initially, and thereafter, at least once every
calendar year.
Section 63.926(a)(3) is amended to provide additional compliance
alternatives to owners and operators for those situations when a
defective container is found during an inspection. The rule is amended
to allow the owner or operator the alternatives of either emptying the
regulated-material from the defective container or repairing the
defective container. If the owner or operator elects to empty the
regulated material from the defective container, the owner or operator
must empty the defective container (i.e., meet the conditions for an
``empty container'' as defined in the rule) and transfer the removed
material to either: (1) a container that meets the applicable standards
under subpart PP; or (2) to a tank, process, or treatment unit that
meets the applicable standards under a NESHAP referencing subpart PP.
The defective container must be emptied no later than 5 calendar days
after detection of the defect. The emptied defective container must be
either repaired, destroyed, or used for purposes other than management
of regulated-material. If the owner or operator elects to repair the
defective container, first efforts at repair of the defect must be made
no later than 24 hours after detection, and repair must be completed as
soon as possible but no later than 5 calendar days after detection. If
repair of a defect cannot be completed within 5 calendar days, then the
regulated-material must be emptied from the container and the container
must not be used to manage regulated-material until the defect is
repaired.
VI. Amendments to Subpart QQ--National Emission Standards for
Surface Impoundments
The EPA is amending 40 CFR part 63, subpart QQ, to clarify several
definitions, to correct minor typographical and terminology errors, and
to make the provisions of subpart QQ consistent with the technical
amendments made to 40 CFR part 63, subpart DD, where applicable. The
amendments to 40 CFR part 63, subpart QQ, are summarized below.
A. Definitions
Two of the definitions in Sec. 63.941 are revised to clarify the
EPA's intent in applying the definitions. The definition for a
``cover'' is amended by adding examples of types of surface impoundment
covers (e.g., a floating membrane cover placed on the surface of the
material in the surface impoundment, an air-supported structure
installed over the surface impoundment). The definition for a ``safety
device'' is amended to incorporate the same change made to the
definition for a ``safety device'' for 40 CFR part 63, subpart DD, in
Sec. 63.681. This change is discussed in section III.B of this
document.
B. Test Methods and Procedures
The procedure for determination of no detectable organic emissions
specified in Sec. 63.945 is amended to incorporate the same revisions
and additions made to the procedure for 40 CFR part 63, subpart DD, in
Sec. 63.694(k). The specific amendments are discussed in section III.G
of this document.
C. Inspection and Monitoring Requirements
The inspection and monitoring provisions for air pollution control
equipment are amended by adding a new paragraph (d) to Sec. 63.946
which allows alternative inspection intervals longer than 1 year when
an owner or operator determines that performing a required inspection
or monitoring procedure would expose a worker to dangerous, hazardous,
or otherwise unsafe conditions. The alternative inspection interval
provision is the same as that for 40 CFR part 63, subpart DD, in
Sec. 63.695(f). The alternative inspection interval provision and
related compliance requirements are discussed in section III.I of this
document.
VII. Amendments to Subpart RR--National Emission Standards for
Individual Drain Systems
The EPA is amending 40 CFR part 63, subpart RR, to clarify the
EPA's intent with regard to the types of wastewater streams to which
air emission controls must be applied in accordance with 40 CFR part
63, subpart RR. A definition for a ``regulated-material'' is added to
Sec. 63.961 to mean the wastewater streams, residuals, and any other
materials specified by the referencing
[[Page 38961]]
subpart to be managed in accordance with the standards under subpart
RR. The definition is needed to clarify the EPA's intent that this rule
apply to waste streams and residuals in addition to wastewater. In
conjunction with this change, a change is made throughout subpart RR to
replace the word ``wastewater'' with the term ``regulated material.''
VIII. Amendments to Subpart VV--National Emission Standards for
Oil-Water Separators and Organic-Water Separators
The EPA is amending 40 CFR part 63, subpart VV, to add a new air
emission control alternative, to clarify several specific rule
requirements, to correct minor typographical and terminology errors,
and to make the provisions of subpart VV consistent with the technical
amendments made to 40 CFR part 63, subpart DD, where applicable. The
amendments to 40 CFR part 63, subpart VV, are summarized below.
A. Definitions
The definition for a ``safety device'' specified in Sec. 63.1041 is
amended to incorporate the same changes made to the definition for a
``safety device'' for 40 CFR part 63, subpart DD, in Sec. 63.681. These
changes are discussed in section III.B of this document.
B. Standards--Pressurized Separator
A new section, Sec. 63.1045, is added to subpart VV which allows
owners and operators to control air emissions from an oil-water or
organic-water separator by using a pressurized separator that is
operated as a closed-system. The provision requires that the
pressurized separator be designed not to vent to the atmosphere as a
result of compression of the vapor headspace during operation of the
separator at its design capacity. All separator openings must be
equipped with closure devices designed to operate with no detectable
organic emissions as determined using the procedure specified in the
subpart. Whenever a regulated-material is in the separator, the
separator must be operated as a closed system that does not vent to the
atmosphere except under emergency and maintenance conditions specified
in the rule.
C. Test Methods and Procedures
The procedure for determination of no detectable organic emissions
specified in Sec. 63.1046(a) is amended to incorporate the same
revisions and additions made to the procedure for 40 CFR part 63,
subpart DD, in Sec. 63.694(k). The specific amendments are discussed in
section III.G of this document.
D. Inspection and Monitoring Requirements
The inspection and monitoring provisions for owners and operators
that use a tank equipped with a fixed roof is amended by adding a new
paragraph (e) to Sec. 63.1047 which allows alternative inspection
intervals longer than 1 year when an owner or operator determines that
performing a required inspection or monitoring procedure would expose a
worker to dangerous, hazardous, or otherwise unsafe conditions. This
alternative inspection interval provision is the same as that for 40
CFR part 63, subpart DD, in Sec. 63.695(f). The alternative inspection
interval provision and related compliance requirements are discussed in
section III.I of this document.
IX. Administrative Requirements
A. Docket
The docket is intended to be an organized and complete file of the
administrative records complied by the EPA in the development of this
rulemaking. The docket is a dynamic file because material is added
throughout the rulemaking development. The docketing system is intended
to allow members of the public and industries involved to readily
identify and locate documents so that they can effectively participate
in the rulemaking process. Along with the proposed and promulgated
standards and their preambles, the contents of the docket, except for
certain interagency documents, will serve as the record for judicial
review. (See CAA section 307(d)(7)(A).) The docket for this rulemaking
containing the information considered by the EPA in development of the
amendments is Docket No. A-92-16. This docket is available for public
inspection between 8:00 a.m. and 5:30 p.m., Monday through Friday,
except for Federal holidays, at the following address: U.S.
Environmental Protection Agency, Air and Radiation Docket and
Information Center (MC-6102), 401 M Street SW, Washington, DC 20460;
telephone: (202) 260-7548. The docket is located at the above address
in Room M-1500, Waterside Mall (ground floor). A reasonable fee may be
charged for copying.
B. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation 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.
It has been determined that this action amending the OSWRO NESHAP
is not a ``significant regulatory action'' under the terms of Executive
Order 12866 and therefore not subject to OMB review.
C. Executive Order 12875: Enhancing the Intergovernmental Partnerships
Under Executive Order 12875, the EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments or the EPA consults with those
governments. If the EPA complies by consulting, Executive Order 12875
requires the EPA to provide OMB a description of the extent of the
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 the EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
The OSWRO NESHAP does not create a mandate on State, local, or
tribal governments. The rule does not impose any enforceable duties on
these entities, and State, local, and tribal governments are not
directly impacted by this rule; i.e., they are not required to purchase
control systems to meet the requirements of this rule. Accordingly, the
requirements of section 1(a) of
[[Page 38962]]
Executive Order 12875 do not apply to this action.
D. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045 (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 EPA must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the 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 analyses required under section 5-501 of the Order has the
potential to influence the regulation. These amendments to the OSWRO
NESHAP are not subject to Executive Order 13045 because the OSWRO
NESHAP is based on technology performance and not on health or safety
risks. In addition, the amendments are not economically significant
regulatory actions as defined by E.O. 12866.
E. Executive Order 13084: Consultations and Coordination with Indian
Tribal Governments
Under Executive Order 13084, the EPA may not issue a regulation
that is not required by statute, that significantly or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or the EPA
consults with those governments. If the EPA complies by consulting,
Executive Order 13084 requires the EPA to provide to the OMB, in a
separately identified section of the preamble to the rule, a
description of the extent of the EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires the EPA to
develop an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
The OSWRO NESHAP does not significantly or uniquely affect the
communities of Indian tribal governments. The rule does not impose any
enforceable duties on tribal governments unless they own or operate a
facility subject to the OSWRO NESHAP. Indian tribal governments which
own or operate facilities subject to the OSWRO NESHAP would incur
compliance costs; however, the EPA does not believe that there are
many, if any, tribal governments which either own or operate such
facilities. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to this rule.
F. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 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 by State, local, and tribal
governments, in the aggregate, or by 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, 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 amendments to the OSWRO NESHAP will likely reduce the costs of
complying with the rule for many affected owners and operators. These
amendments do not increase expenditures by State, local, and tribal
governments or the private sector. Therefore, the EPA has not prepared
a budgetary impact statement or specifically addressed the selection of
the least costly, most cost-effective, or least burdensome alternatives
because these amendments are estimated to result in the expenditure by
State and local governments, in aggregate, or by the private sector of
less than $100 million in any 1 year. Because small governments will
not be affected by this rule, the EPA is not required to develop a plan
with regard to small governments. Therefore, the requirements of the
Unfunded Mandates Act do not apply to this action.
G. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. The EPA determined that these amendments to the OSWRO
NESHAP do not have a significant impact on a substantial number of
small entities. The EPA has also determined that it is not necessary to
prepare a regulatory flexibility analysis in connection with this
action. These amendments will not result in increased impacts to small
entities and will result in reduced impacts in all cases.
H. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP were submitted to and approved by the OMB. A copy of
this Information Collection Request (ICR) document (OMB control number
1717.02) may be obtained from Sandy Farmer, OP Regulator Information
Division; U.S. Environmental Protection Agency, 401 M Street, SW (mail
code 2136), Washington, DC 20460, or by calling (202) 260-2740.
Today's amendments to the OSWRO NESHAP have no impact on the
information collection burden estimates made previously. No additional
certifications or filings were
[[Page 38963]]
promulgated. Therefore, the ICR has not been revised.
I. 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 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 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. These amendments
are not a ``major rule'' as defined by 5 U.S.C. 804(2). These
amendments will be effective July 20, 1999.
J. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d)(15 U.S.C. 272
note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices, etc.) that are developed or
adopted by voluntary consensus standards bodies. Where available and
potentially applicable voluntary consensus standards are not used by
the EPA, the NTTAA requires the Agency to provide Congress, through
OMB, an explanation of the reasons for not using such standards. This
section summarizes the EPA's response to the requirements of the NTTAA
for the test methods added to the OSWRO NESHAP as part of today's
amendments.
The OSWRO NESHAP involves technical standards. The amendments to
the OSWRO NESHAP include the addition of test methods and procedures
necessary for the determination of compliance and enforcement of air
standards under the rule. Today's amendments increase the number of
alternative test methods available to an owner or operator to determine
the VOHAP concentration of an off-site material and provide for the use
of other methods (i.e., those specified in the rule) subject to EPA
approval. The EPA has determined that the owner or operator of an
affected source must use the specified EPA reference methods when
needed. While the American Society of Testing and Materials and other
organizations have published a number of test methods and procedures
applicable to organic content and material specifications which could
be used to determine the flow rate and organic concentration of a
process vent stream, these methods are not applicable to determining
the volume, concentration, and type of air emissions from the affected
sources. The use of these voluntary consensus standards would,
therefore, have been impractical.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Containers,
Hazardous air pollutants, Incorporation by reference, Individual drain
systems, Oil-water separators, Organic-water separators, Recycling,
Reporting and recordkeeping requirements, Surface impoundments, Tanks,
Used oil, Used solvent, Waste management.
Dated: July 7, 1999.
Carol W. Browner,
Administrator.
For the reasons set forth in the preamble, title 40, chapter I,
part 63 of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart DD--National Emission Standards for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations
2. Section 63.680 is amended by adding paragraph (b)(2)(viii) and
by revising paragraphs (a)(2)(v), (b)(1)(ii), (b)(1)(iii), (b)(2)(v),
(b)(2)(vi), (c), (d), and (e) to read as follows:
Sec. 63.680 Applicability and designation of affected sources.
(a) * * *
(2) * * *
(v) A recovery operation that recycles or reprocesses used solvent
which is an off-site material and the operation is not part of a
chemical, petroleum, or other manufacturing process that is required to
use air emission controls by another subpart of 40 CFR part 63 or 40
CFR part 61.
* * * * *
(b) * * *
(1) * * *
(ii) The waste, used oil, or used solvent is not produced or
generated within the plant site, but the material is delivered,
transferred, or otherwise moved to the plant site from a location
outside the boundaries of the plant site; and (iii) The waste, used
oil, or used solvent contains one or more of the hazardous air
pollutants (HAP) listed in Table 1 of this subpart based on the
composition of the material at the point-of-delivery, as defined in
Sec. 63.681 of this subpart.
(2) * * *
(v) Waste that is transferred from a chemical manufacturing plant
or other facility for which both of the following conditions apply to
the waste:
(A) The management of the waste at the facility is required either
under part 63 subpart F--National Emission Standards for Organic
Hazardous Air Pollutants from the Synthetic Organic Chemical
Manufacturing Industry or under another subpart in 40 CFR part 63 to
meet the air emission control standards for process wastewater
specified in 40 CFR 63.132 through 63.147; and
(B) The owner or operator of the facility from which the waste is
transferred has complied with the provisions of 40 CFR 63.132(g)(1)(ii)
and (g)(2).
(vi) Waste that is transferred from a chemical manufacturing plant,
petroleum refinery, or coke by-product recovery plant which is subject
to 40 CFR part 61, subpart FF--National Emission Standards for Benzene
Waste Operations, and for which both of the following conditions apply
to the waste:
(A) The waste is generated at a facility that is not exempted under
the provisions of 40 CFR 61.342(a) from meeting the air emission
control standards of 40 CFR part 61, subpart FF; and
(B) The owner or operator of the facility from which the waste is
transferred has complied with the provisions of 40 CFR 61.342(f)(2).
(vii) * * *
(viii) Hazardous waste that is stored for 10 days or less at a
transfer facility in compliance with the provisions of 40 CFR 263.12.
(c) Affected sources. (1) Off-site material management units. For
each operation specified in paragraphs (a)(2)(i) through (a)(2)(vi) of
this section that is located at the plant site, the affected source is
the entire group of off-site material management units associated with
the operation. An off-site material management unit is a tank,
container, surface impoundment, oil-water separator, organic-water
separator, or transfer system used to manage off-site material. For the
purpose of implementing the standards under this
[[Page 38964]]
subpart, a unit that meets the definition of a tank or container but
also is equipped with a vent that serves as a process vent for any of
the processes listed in paragraphs (c)(2)(i) through (c)(2)(vi) of this
section is not an off-site material management unit but instead is a
process vent and is to be included in the appropriate affected source
group under paragraph (c)(2) of this section. Examples of such a unit
may include, but are not limited to, a distillate receiver vessel, a
primary condenser, a bottoms receiver vessel, a surge control tank, a
separator tank, and a hot well.
(2) Process vents. For each operation specified in paragraphs
(a)(2)(i) through (a)(2)(vi) of this section that is located at the
plant site, the affected source is the entire group of process
equipment associated with the process vents for the processes listed in
paragraphs (c)(2)(i) through (c)(2)(vi) of this section.
(i) Distillation process used for the treatment, recycling, or
recovery of off-site material. Distillation means a process, either
batch or continuous, separating one or more off-site material feed
streams into two or more exit streams having different component
concentrations from those in the feed stream or streams. The separation
is achieved by the redistribution of the components between the liquid
and vapor phases as they approach equilibrium within the distillation
unit.
(ii) Fractionation process used for the treatment, recycling, or
recovery of off-site material. Fractionation means a liquid mixture
separation process or method used to separate a mixture of several
volatile components of different boiling points in successive stages,
each stage removing from the mixture some proportion of one of the
components.
(iii) Thin-film evaporation process used for the treatment,
recycling, or recovery of off-site material. Thin-film evaporation
means a liquid mixture separation process or method that uses a heating
surface consisting of a large diameter tube that may be either straight
or tapered, horizontal or vertical. Liquid is spread on the tube wall
by a rotating assembly of blades that maintain a close clearance from
the wall or actually ride on the film of liquid on the wall.
(iv) Solvent extraction process used for the treatment, recycling,
or recovery of off-site material. Solvent extraction means a separation
process or method in which a solid or a solution is contacted with a
liquid solvent (the material and the solvent being relatively insoluble
in each other) to preferentially dissolve and transfer one or more
components into the solvent.
(v) Steam stripping process used for the treatment, recycling, or
recovery of off-site material. Steam stripping means a liquid mixture
separation process or method in which vaporization of the volatile
components of a liquid mixture occurs by the introduction of steam
directly into the process.
(vi) Gas stripping process used for the treatment, recycling, or
recovery of off-site material. Gas stripping means a desorption process
or method used to transfer one or more volatile components from a
liquid mixture into a gas stream either with or without the application
of heat to the liquid. Packed towers, spray towers, and bubble-cap,
sieve, or valve-type plate towers are examples of the process
configurations used for contacting the gas and a liquid.
(3) Equipment leaks. For each operation specified in paragraphs
(a)(2)(i) through (a)(2)(vi) of this section that is located at the
plant site, the affected source is the entire group of equipment
components for which each component meets all of the conditions
specified in paragraphs (c)(3)(i) through (c)(3)(iii) of this section.
If any one of these conditions do not apply to an equipment component,
then that component is not part of the affected source for equipment
leaks.
(i) The equipment component is a pump, compressor, agitator,
pressure relief device, sampling connection system, open-ended valve or
line, valve, connector, or instrumentation system;
(ii) The equipment component contains or contacts off-site material
having a total HAP concentration equal to or greater than 10 percent by
weight; and
(iii) The equipment component is intended to operate for 300 hours
or more during a calendar year in off-site material service, as defined
in Sec. 63.681 of this subpart.
(d) Facility-wide exemption. The owner or operator of affected
sources subject to this subpart is exempted from the requirements of
Secs. 63.682 through 63.699 of this subpart in situations when the
total annual quantity of the HAP that is contained in the off-site
material received at the plant site is less than 1 megagram per year.
For a plant site to be exempted under the provisions of this paragraph
(d), the owner or operator must meet the requirements in paragraphs
(d)(1) through (d)(3) of this section.
(1) The owner or operator must prepare an initial determination of
the total annual HAP quantity in the off-site material received at the
plant site. This determination is based on the total quantity of the
HAP listed in Table 1 of this subpart as determined at the point-of-
delivery for each off-site material stream.
(2) The owner or operator must prepare a new determination whenever
the extent of changes to the quantity or composition of the off-site
material received at the plant site could cause the total annual HAP
quantity in the off-site material received at the plant site to exceed
the limit of 1 megagram per year.
(3) The owner or operator must maintain documentation to support
the owner's or operator's determination of the total annual HAP
quantity in the off-site material received at the plant site. This
documentation must include the basis and data used for determining the
HAP content of the off-site material.
(e) Compliance dates. (1) Existing sources. The owner or operator
of an affected source that commenced construction or reconstruction
before October 13, 1994, must achieve compliance with the provisions of
this subpart on or before the date specified in paragraph (e)(1)(i) or
(e)(1)(ii) of this section as applicable to the affected source.
(i) For an affected source that commenced construction or
reconstruction before October 13, 1994 and receives off-site material
for the first time before February 1, 2000, the owner or operator of
this affected source must achieve compliance with the provisions of the
subpart on or before February 1, 2000 unless an extension has been
granted by the Administrator as provided in 40 CFR 63.6(i).
(ii) For an affected source that commenced construction or
reconstruction before October 13, 1994, but receives off-site material
for the first time on or after February 1, 2000, the owner or operator
of the affected source must achieve compliance with the provisions of
this subpart upon the first date that the affected source begins to
manage off-site material.
(2) New sources. The owner or operator of an affected source for
which construction or reconstruction commences on or after October 13,
1994, must achieve compliance with the provisions of this subpart on or
before July 1, 1996, or upon initial startup of operations, whichever
date is later as provided in 40 CFR 63.6(b).
* * * * *
3. Section 63.681 is amended by adding in alphabetical order the
definitions of ``Flow indicator'' and ``Hazardous air pollutants,'' by
removing the definition of ``HAP,'' and by revising the definitions of
``Control device,'' ``Cover,'' ``Point-of-treatment,'' ``Process
vent,'' ``Safety device,'' ``Used solvent,'' ``Volatile organic
hazardous air pollutant concentration,'' and ``Waste stabilization
process'' to read as follows:
[[Page 38965]]
Sec. 63.681 Definitions.
* * * * *
Control device means equipment used for recovering, removing,
oxidizing, or destroying organic vapors. Examples of such equipment
include but are not limited to carbon adsorbers, condensers, vapor
incinerators, flares, boilers, and process heaters.
Cover means a device or system that provides a continuous barrier
over the material managed in a off-site material management unit to
prevent or reduce air pollutant emissions to the atmosphere. A cover
may have openings needed for operation, inspection, sampling,
maintenance, and repair of the unit provided that each opening is
closed when not in use (e.g., access hatches, sampling ports). A cover
may be a separate piece of equipment which can be detached and removed
from the unit or a cover may be formed by structural features
permanently integrated into the design of the unit.
* * * * *
Flow indicator means a device that indicates whether gas is
flowing, or whether the valve position would allow gas to flow in a
bypass line.
* * * * *
Hazardous air pollutants or HAP means the specific organic chemical
compounds, isomers, and mixtures listed in Table 1 of this subpart.
* * * * *
Off-site material service means any time when a pump, compressor,
agitator, pressure relief device, sampling connection system, open-
ended valve or line, valve, connector, or instrumentation system
contains or contacts off-site material.
* * * * *
Point-of-treatment means a point after the treated material exits
the treatment process but before the first point downstream of the
treatment process exit where the organic constituents in the treated
material have the potential to volatilize and be released to the
atmosphere. For the purpose of applying this definition to this
subpart, the first point downstream of the treatment process exit is
not a fugitive emission point due to an equipment leak from any of the
following equipment components: pumps, compressors, valves, connectors,
instrumentation systems, or safety devices.
* * * * *
Process vent means an open-ended pipe, stack, or duct through which
a gas stream containing HAP is continuously or intermittently
discharged to the atmosphere from any of the processes listed in
Sec. 63.680(c)(2)(i) through (c)(2)(vi) of this section. For the
purpose of this subpart, a process vent is none of the following: a
pressure-relief vent or other vent that is used as a safety device (as
defined in this section); an open-ended line or other vent that is
subject to the equipment leak control requirements under Sec. 63.691 of
this subpart; or a stack or other vent that is used to exhaust
combustion products from a boiler, furnace, process heater,
incinerator, or other combustion device.
* * * * *
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace
in response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another
relevant parameter, exceeds the device threshold setting applicable to
the equipment as determined by the owner or operator based on
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or
other requirements for the safe handling of flammable, combustible,
explosive, reactive, or hazardous materials.
* * * * *
Used solvent means a mixture of aliphatic hydrocarbons or a mixture
of one and two ring aromatic hydrocarbons that has been used as a
solvent and as a result of such use is contaminated by physical or
chemical impurities.
* * * * *
Volatile organic hazardous air pollutant concentration or VOHAP
concentration means the fraction by weight of those compounds listed in
Table 1 of this subpart that are in an off-site material as measured
using Method 305 in appendix A of this part and expressed in terms of
parts per million (ppm). As an alternative to using Method 305, an
owner or operator may determine the HAP concentration of an off-site
material using any one of the other test methods specified in
Sec. 63.694(b)(2)(ii) of this subpart. When a test method specified in
Sec. 63.694(b)(2)(ii) of this subpart other than Method 305 is used to
determine the speciated HAP concentration of an off-site material, the
individual compound concentration may be adjusted by the corresponding
fm305 value listed in Table 1 of this subpart to determine a
VOHAP concentration.
* * * * *
Waste stabilization process means any physical or chemical process
used to either reduce the mobility of hazardous constituents in a waste
or eliminate free liquids as determined by Test Method 9095--Paint
Filter Liquids Test in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992. (As an
alternative, an owner or operator may use any more recent, updated
version of Method 9095 approved by the EPA.) A waste stabilization
process includes mixing the waste with binders or other materials and
curing the resulting waste and binder mixture. Other synonymous terms
used to refer to this process are ``waste fixation'' or ``waste
solidification.'' A waste stabilization process does not include the
adding of absorbent materials to the surface of a waste, without
mixing, agitation, or subsequent curing, to absorb free liquid.
4. Section 63.683 is revised to read as follows:
Sec. 63.683 Standards: General.
(a) The general standards under this section apply to owners and
operators of affected sources as designated in Sec. 63.680(c) of this
subpart.
(b) Off-site material management units. (1) For each off-site
material management unit that is part of an affected source, the owner
or operator must meet the requirements in either paragraph (b)(1)(i),
(b)(1)(ii), or (b)(1)(iii) of this section except for those off-site
material management units exempted under paragraph (b)(2) of this
section.
(i) The owner or operator controls air emissions from the off-site
material management unit in accordance with the applicable standards
specified in Secs. 63.685 through 63.689 of this subpart.
(ii) The owner or operator removes or destroys HAP in the off-site
material before placing the material in the off-site material
management unit by treating the material in accordance with the
standards specified in Sec. 63.684 of this subpart.
(iii) The owner or operator determines before placing off-site
material in the off-site material management unit that the average
VOHAP concentration of the off-site material is less than 500 parts per
million by weight (ppmw) at the
[[Page 38966]]
point-of-delivery. The owner or operator must perform an initial
determination of the average VOHAP concentration of the off-site
material using the procedures specified in Sec. 63.694(b) of this
subpart. This initial determination must be performed either before the
first time any portion of the off-site material stream is placed in the
unit or by the compliance date, whichever date is later. Thereafter,
the owner or operator must review and update, as necessary, this
determination at least once every calendar year following the date of
the initial determination for the off-site material stream.
(2) An off-site material management unit is exempted from the
requirements in paragraph (b)(1) of this section when the owner or
operator meets one of the exemptions provided in paragraphs (b)(2)(i)
through (b)(2)(iv) of this section as applicable to the unit.
(i) An off-site material management unit is exempted from the
requirements in paragraph (b)(1) of this section if the off-site
material management unit is also subject to another subpart under 40
CFR part 63 or 40 CFR part 61, and the owner or operator is controlling
the HAP listed in Table 1 of this subpart that are emitted from the
unit in compliance with the provisions specified in the other
applicable subpart under part 61 or part 63.
(ii) At the discretion of the owner or operator, one or a
combination of off-site material management units may be exempted from
the requirements in paragraph (b)(1) of this section when these units
meet the condition that the total annual quantity of HAP contained in
the off-site material placed in the units exempted under this paragraph
(b)(2)(ii) is less than 1 megagram per year. For the off-site material
management units selected by the owner or operator to be exempted from
the requirements in paragraph (b)(1) of this section, the owner or
operator must meet the requirements in paragraphs (b)(2)(ii)(A) and
(b)(2)(ii)(B) of this section. An owner or operator may change the off-
site material management units selected to be exempted under this
paragraph (b)(2)(ii) by preparing a new designation for the exempt-
units as required by paragraph (b)(2)(ii)(A) of this section and
performing a new determination as required by paragraph (b)(2)(ii)(B)
of this section.
(A) The owner or operator must designate each of the off-site
material management units selected by the owner or operator to be
exempt under paragraph (b)(2)(ii) of this section by either submitting
to the Administrator a written notification identifying the exempt-
units or permanently marking the exempt-units at the plant site. If an
owner or operator chooses to prepare and submit a written notification,
this notification must include a site plan, process diagram, or other
appropriate documentation identifying each of the exempt-units. If an
owner or operator chooses to permanently mark the exempt-units, each
exempt-unit must be marked in such a manner that it can be readily
identified as an exempt-unit from the other off-site material
management units located at the plant site.
(B) The owner or operator must prepare an initial determination of
the total annual HAP quantity in the off-site material placed in the
units exempted under this paragraph (b)(2)(ii). This determination is
based on the total quantity of the HAP listed in Table 1 of this
subpart as determined at the point where the off-site material is
placed in each exempted unit. The owner or operator must perform a new
determination whenever the extent of changes to the quantity or
composition of the off-site material placed in the exempted units could
cause the total annual HAP content in the off-site material to exceed 1
megagram per year. The owner or operator must maintain documentation to
support the most recent determination of the total annual HAP quantity.
This documentation must include the basis and data used for determining
the HAP content of the off-site material.
(iii) A tank or surface impoundment is exempted from the
requirements in paragraph (b)(1) of this section if the unit is used
for a biological treatment process that meets the requirements in
either paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) of this section and
the owner or operator complies with the monitoring requirements in
Sec. 63.684(e)(4) of this subpart.
(A) The HAP biodegradation efficiency (Rbio) for the
biological treatment process is equal to or greater than 95 percent.
The HAP biodegradation efficiency (Rbio) shall be determined
in accordance with the requirements of Sec. 63.694(h) of this subpart.
(B) The total actual HAP mass removal rate (MRbio) for
the off-site material treated by the biological treatment process is
equal to or greater than the required HAP mass removal rate (RMR) for
the off-site material. The total actual HAP mass removal rate
(MRbio) must be determined in accordance with the
requirements of Sec. 63.694(i) of this subpart. The required HAP mass
removal rate (RMR) must be determined in accordance with the
requirements of Sec. 63.694(e) of this subpart.
(iv) An off-site material management unit is exempted from the
requirements in paragraph (b)(1) of this section if the off-site
material placed in the unit is a hazardous waste that meets the
conditions specified in either paragraph (b)(2)(iv)(A) or (b)(2)(iv)(B)
of this section.
(A) The hazardous waste meets the numerical organic concentration
limits, applicable to the hazardous waste, as specified in 40 CFR part
268--Land Disposal Restrictions, listed in the table, ``Treatment
Standards for Hazardous Waste'' in 40 CFR 268.40.
(B) The organic hazardous constituents in the hazardous waste have
been treated by the treatment technology established by the EPA for the
hazardous waste in 40 CFR 268.42(a), or have been removed or destroyed
by an equivalent method of treatment approved by the EPA under 40 CFR
268.42(b).
(v) A tank used for bulk feed of off-site material to a waste
incinerator is exempted from the requirements specified in paragraph
(b)(1) of this section if the tank meets all of the conditions
specified in paragraphs (b)(2)(v)(A) through (b)(2)(v)(C) of this
section.
(A) The tank is located inside an enclosure vented to a control
device that is designed and operated in accordance with all applicable
requirements specified under 40 CFR part 61, subpart FF--National
Emission Standards for Benzene Waste Operations for a facility at which
the total annual benzene quantity from the facility waste is equal to
or greater than 10 megagrams per year;
(B) The enclosure and control device serving the tank were
installed and began operation prior to July 1, 1996; and
(C) The enclosure is designed and operated in accordance with the
criteria for a permanent total enclosure as specified in ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have
permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other
mechanical or electrical equipment; or to direct air flow into the
enclosure. The owner or operator must annually perform the verification
procedure for the enclosure as specified in Section 5.0 to ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure.''
[[Page 38967]]
(c) Process vents. (1) For each process vent that is part of an
affected source, the owner or operator must meet the requirements in
either paragraph (c)(1)(i) or (c)(1)(ii) of this section except for
those process vents exempted under paragraph (c)(2) of this section.
(i) The owner or operator controls air emissions from the process
vent in accordance with the standards specified in Sec. 63.690 of this
subpart.
(ii) The owner or operator determines before placing off-site
material in the process equipment associated with the process vent that
the average VOHAP concentration of the off-site material is less than
ppmw at the point-of-delivery. The owner or operator must perform an
initial determination of the average VOHAP concentration of the off-
site material using the procedures specified in Sec. 63.694(b) of this
subpart before any portion of the off-site material stream is placed in
the unit. Thereafter, the owner or operator must review and update, as
necessary, this determination at least once every calendar year
following the date of the initial determination for the off-site
material stream.
(2) A process vent is exempted from the requirements of paragraph
(c)(1) of this section when the owner or operator meets one of the
exemptions provided in paragraphs (c)(2)(i) through (c)(2)(iii) of this
section.
(i) A process vent is exempted from the requirements in paragraph
(c)(1) of this section if the process vent is also subject to another
subpart under part 63 or 40 CFR part 61, and the owner or operator is
controlling the HAP listed in Table 1 of this subpart that are emitted
from the process vent in compliance with the provisions specified in
the other applicable subpart under part 61 or part 63.
(ii) A process vent is exempted from the requirements specified in
paragraph (c)(1) of this section if the owner or operator determines
that the process vent stream flow rate is less than 0.005 cubic meters
per minute (m3/min) at standard conditions (as defined in 40
CFR 63.2). The process vent stream flow rate shall be determined in
accordance with the procedures specified in Sec. 63.694(m) of this
subpart. Documentation must be prepared by the owner or operator and
maintained at the plant site to support the determination of the
process vent stream flow rate. This documentation must include
identification of each process vent exempted under this paragraph and
the test results used to determine the process vent stream flow rate.
(iii) A process vent is exempted from the requirements specified in
paragraph (c)(1) of this section if the owner or operator determines
that the process vent stream flow rate is less than 6.0 m\3\/min at
standard conditions (as defined in 40 CFR 63.2) and the total HAP
concentration is less than 20 ppmv. The process vent stream flow rate
and total HAP concentration shall be determined in accordance with the
procedures specified in Sec. 63.694(m) of this subpart. Documentation
must be prepared by the owner or operator and maintained at the plant
site to support the determination of the process vent stream flow rate
and total HAP concentration. This documentation must include
identification of each process vent exempted under this paragraph
(c)(2)(iii) and the test results used to determine the process vent
stream flow rate and total HAP concentration. The owner or operator
must perform a new determination of the process vent stream flow rate
and total HAP concentration when the extent of changes to operation of
the unit on which the process vent is used could cause either the
process vent stream flow rate to exceed the limit of 6.0 m3/
min or the total HAP concentration to exceed the limit of 20 ppmv.
(d) Equipment leaks. The owner or operator must control equipment
leaks from each equipment component that is part of the affected source
specified in Sec. 63.680(c)(3) of this subpart by implementing leak
detection and control measures in accordance with the standards
specified in Sec. 63.691 of this subpart.
5. Section 63.684 is amended by revising paragraphs (a), (b)
introductory text, (b)(1)(ii), (b)(3) introductory text, (b)(4)
introductory text, (b)(5), (d), (e), (f), and (g) to read as follows:
Sec. 63.684 Standards: Off-site material treatment.
(a) The provisions of this section apply to the treatment of off-
site material to remove or destroy HAP for which Sec. 63.683(b)(1)(ii)
of this subpart references the requirements of this section for such
treatment.
(b) The owner or operator shall remove or destroy the HAP contained
in off-site material streams to be managed in the off-site material
management unit in accordance with Sec. 63.683(b)(1)(ii) of this
subpart using a treatment process that continuously achieves, under
normal operations, one or more of the performance levels specified in
paragraphs (b)(1) through (b)(5) of this section (as applicable to the
type of treatment process) for the range of off-site material stream
compositions and quantities expected to be treated.
(1) * * *
(ii) In the case when off-site material streams entering the
treatment process are a mixture of off-site material streams having an
average VOHAP concentration equal to or greater than 500 ppmw at the
point-of-delivery with off-site material streams having average VOHAP
concentrations less than 500 ppmw at the point-of-delivery, then the
VOHAP concentration of the off-site material must be reduced to a level
at the point-of-treatment that meets the performance level specified in
either paragraph (b)(1)(ii)(A) or (b)(1)(ii)(B) of this section.
* * * * *
(3) HAP reduction efficiency. For any treatment process except a
treatment process that uses biological degradation and is performed in
an open tank or surface impoundment, the treatment process must achieve
the applicable performance level specified in either paragraph
(b)(3)(i) or (b)(3)(ii) of this section.
* * * * *
(4) Biological degradation performed in an open tank or surface
impoundment. A treatment process using biological degradation and
performed in an open tank or surface impoundment must achieve the
performance level specified in either paragraph (b)(4)(i) or (b)(4)(ii)
of this section.
* * * * *
(5) Incineration. The treatment process must destroy the HAP
contained in the off-site material stream using one of the combustion
devices specified in paragraphs (b)(5)(i) through (b)(5)(iv) of this
section.
(i) An incinerator for which the owner or operator has been issued
a final permit under 40 CFR part 270, and the incinerator is designed
and operated in accordance with the requirements of 40 CFR part 264,
subpart O--Incinerators, or
(ii) An incinerator for which the owner or operator has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O--Incinerators.
(iii) A boiler or industrial furnace for which the owner or
operator has been issued a final permit under 40 CFR part 270, and the
combustion unit is designed and operated in accordance with the
requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned in
Boilers and Industrial Furnaces.
(iv) A boiler or industrial furnace for which the owner or operator
has certified compliance with the interim status requirements of 40 CFR
part 266,
[[Page 38968]]
subpart H Hazardous Waste Burned in Boilers and Industrial Furnaces.
* * * * *
(d) When the owner or operator treats the off-site material to meet
one of the performance levels specified in paragraphs (b)(1) through
(b)(4) of this section, the owner or operator shall demonstrate that
the treatment process achieves the selected performance level for the
range of expected off-site material stream compositions expected to be
treated. An initial demonstration shall be performed as soon as
possible but no later than 30 days after first time an owner or
operator begins using the treatment process to manage off-site material
streams in accordance with the requirements of either
Sec. 63.683(b)(1)(ii) or Sec. 63.683(b)(2)(ii) of this subpart as
applicable to the affected off-site material management unit or process
equipment. Thereafter, the owner or operator shall review and update,
as necessary, this demonstration at least once every calendar year
following the date of the initial demonstration.
(e) When the owner or operator treats the off-site material to meet
one of the performance levels specified in paragraphs (b)(1) through
(b)(4) of this section, the owner or operator shall ensure that the
treatment process is achieving the applicable performance requirements
by continuously monitoring the operation of the process when it is used
to treat off-site material by complying with paragraphs (e)(1) through
(e)(3) or, for biological treatment units, paragraph (e)(4) of this
section:
(1) A continuous monitoring system shall be installed and operated
for each treatment that measures operating parameters appropriate for
the treatment process technology. This system shall include a
continuous recorder that records the measured values of the selected
operating parameters. The monitoring equipment shall be installed,
calibrated, and maintained in accordance with the equipment
manufacturer's specifications or other written procedures that provide
reasonable assurance that the monitoring equipment is operating
properly. The continuous recorder shall be a data recording device that
records either an instantaneous data value at least once every 15
minutes or an average value for intervals of 15 minutes or less.
(2) For each monitored operating parameter, the owner or operator
shall establish a minimum operating parameter value or a maximum
operating parameter value, as appropriate, to define the range of
conditions at which the treatment process must be operated to
continuously achieve the applicable performance requirements of this
section.
(3) When the treatment process is operating to treat off-site
material, the owner or operator shall inspect the data recorded by the
continuous monitoring system on a routine basis and operate the
treatment process such that the actual value of each monitored
operating parameter is greater than the minimum operating parameter
value or less than the maximum operating parameter value, as
appropriate, established for the treatment process.
(4) When the treatment process is a biological treatment process
that is complying with paragraph (b)(4) of this section, the owner or
operator must establish and implement a written procedure to monitor
the appropriate parameters that demonstrate proper operation of the
biological treatment unit in accordance with the evaluation required in
Sec. 63.694(h) of this subpart. The written procedure must list the
operating parameters that will be monitored and state the frequency of
monitoring to ensure that the biological treatment unit is operating
between the minimum operating parameter values and maximum operating
parameter values to establish that the biological treatment unit is
continuously achieving the performance requirement.
(f) The owner or operator must maintain records for each treatment
process in accordance with the requirements of Sec. 63.696(a) of this
subpart.
(g) The owner or operator must prepare and submit reports for each
treatment process in accordance with the requirements of Sec. 63.697(a)
of this subpart.
* * * * *
6. Section 63.685 is amended by adding paragraph (i)(3) and by
revising paragraphs (b), (c)(2), (f)(1)(ii)(A), (g)(2)(i)(B), (h)(2),
(h)(3), and (i) introductory text to read as follows:
Sec. 63.685 Standards: Tanks.
* * * * *
(b) The owner or operator shall control air emissions from each
tank subject to this section in accordance with the following
applicable requirements:
(1) For a tank that is part of an existing affected source but the
tank is not used to manage off-site material having a maximum HAP vapor
pressure kilopascal (kPa) that is equal to or greater than 76.6 kPa nor
is the tank used for a waste stabilization process as defined in
Sec. 63.681 of this subpart, the owner or operator shall determine
whether the tank is required to use either Tank Level 1 controls or
Tank Level 2 controls as specified for the tank by Table 3 of this
subpart based on the off-site material maximum HAP vapor pressure and
the tank's design capacity. The owner or operator shall control air
emissions from a tank required by Table 3 to use Tank Level 1 controls
in accordance with the requirements of paragraph (c) of this section.
The owner or operator shall control air emissions from a tank required
by Table 3 to use Tank Level 2 controls in accordance with the
requirements of paragraph (d) of this section.
(2) For a tank that is part of a new affected source but the tank
is not used to manage off-site material having a maximum HAP vapor
pressure that is equal to or greater than 76.6 kPa nor is the tank used
for a waste stabilization process as defined in Sec. 63.681 of this
subpart, the owner or operator shall determine whether the tank is
required to use either Tank Level 1 controls or Tank Level 2 controls
as specified for the tank by Table 4 of this subpart based on the off-
site material maximum HAP vapor pressure and the tank's design
capacity. The owner or operator shall control air emissions from a tank
required by Table 4 to use Tank Level 1 controls in accordance with the
requirements of paragraph (c) of this section. The owner or operator
shall control air emissions from a tank required by Table 4 to use Tank
Level 2 controls in accordance with the requirements of paragraph (d)
of this section.
(3) For a tank that is used for a waste stabilization process, the
owner or operator shall control air emissions from the tank by using
Tank Level 2 controls in accordance with the requirements of paragraph
(d) of this section.
(4) For a tank that manages off-site material having a maximum HAP
vapor pressure that is equal to or greater than 76.6 kPa, the owner or
operator must control air emissions by using one of the tanks specified
in paragraphs (b)(4)(i) through (b)(4)(iii) of this section.
(i) A tank vented through a closed-vent system to a control device
in accordance with the requirements specified in paragraph (g) of this
section;
(ii) A pressure tank designed and operated in accordance with the
requirements specified in paragraph (h) of this section; or
(iii) A tank located inside an enclosure that is vented through a
closed-vent system to an enclosed combustion control device in
accordance with the requirements specified in paragraph (i) of this
section.
[[Page 38969]]
(c) * * *
(2) The owner or operator must control air emissions from the tank
in accordance with the requirements in either paragraph (c)(2)(i),
(c)(2)(ii), or (c)(2)(iii) of this section, as applicable to the tank.
(i) The owner or operator controls air emissions from the tank in
accordance with the provisions specified in subpart 00 of 40 CFR part
63--National Emission Standards for Tanks--Level 1.
(ii) As an alternative to meeting the requirements in paragraph
(c)(2)(i) of this section, an owner or operator may control air
emissions from the tank in accordance with the provisions for Tank
Level 2 controls as specified in paragraph (d) of this section.
(iii) As an alternative to meeting the requirements in paragraph
(c)(2)(i) of this section when a tank is used as an interim transfer
point to transfer off-site material from containers to another off-site
material management unit, an owner or operator may control air
emissions from the tank in accordance with the requirements in
paragraphs (c)(2)(iii)(A) and (c)(2)(iii)(B) of this section. An
example of such a tank is an in-ground tank into which organic-
contaminated debris is dumped from roll-off boxes or dump trucks, and
then this debris is promptly transferred from the tank to a
macroencapsulation unit by a backhoe.
(A) During those periods of time when the material transfer
activity is occurring, the tank may be operated without a cover.
(B) At all other times, air emissions from the tank must be
controlled in accordance with the provisions specified in 40 CFR part
67, subpart 00--National Emission Standards for Tanks--Level 1.
* * * * *
(f) * * *
(1) * * *
(ii) * * *
(A) The primary seal shall be a liquid-mounted seal or a metallic
shoe seal, as defined in Sec. 63.681 of this subpart. The total area of
the gaps between the tank wall and the primary seal shall not exceed
212 square centimeters (cm2) per meter of tank diameter, and the width
of any portion of these gaps shall not exceed 3.8 centimeters (cm). If
a metallic shoe seal is used for the primary seal, the metallic shoe
seal shall be designed so that one end extends into the liquid in the
tank and the other end extends a vertical distance of at least 61
centimeters (24 inches) above the liquid surface.
* * * * *
(g) * * *
(2) * * *
(i) * * *
(B) To remove accumulated sludge or other residues from the bottom
of the tank.
* * * * *
(h) * * *
(2) All tank openings shall be equipped with closure devices
designed to operate with no detectable organic emissions as determined
using the procedure specified in Sec. 63.694(k) of this subpart.
(3) Whenever an off-site material is in the tank, the tank shall be
operated as a closed system that does not vent to the atmosphere except
under either of the following conditions as specified in paragraph
(h)(3)(i) or (h)(3)(ii) of this section.
(i) At those times when opening of a safety device, as defined in
Sec. 63.681 of this subpart, is required to avoid an unsafe condition.
(ii) At those times when purging of inerts from the tank is
required and the purge stream is routed to a closed-vent system and
control device designed and operated in accordance with the
requirements of Sec. 63.693 of this subpart.
(i) The owner or operator who elects to control air emissions by
using an enclosure vented through a closed-vent system to an enclosed
combustion control device shall meet the requirements specified in
paragraphs (i)(1) through (i)(3) of this section.
* * * * *
(3) Opening of a safety device, as defined in Sec. 63.681 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
7. Section 63.686 is amended by revising the paragraph (b)
introductory text and adding paragraph (b)(3) to read as follows:
Sec. 63.686 Standards: Oil-water and organic-water separators.
* * * * *
(b) The owner or operator shall control air emissions from each
separator subject to this section by using one of the following:
* * * * *
(3) A pressurized separator that operates as a closed system in
accordance with all applicable provisions specified in 40 CFR part 63,
subpart VV--National Emission Standards for Oil-Water Separators and
Organic-Water Separators.
8. Section 63.687 is amended by revising the paragraph (b)
introductory text to read as follows:
Sec. 63.687 Standards: Surface impoundments.
* * * * *
(b) The owner or operator shall control air emissions from each
surface impoundment subject to this section by using one of the
following:
* * * * *
9. Section 63.688 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 63.688 Standards: Containers.
* * * * *
(b) The owner or operator shall control air emissions from each
container subject to this section in accordance with the following
requirements, as applicable to the container, except when the special
provisions for waste stabilization processes specified in paragraph (c)
of this section apply to the container.
(1) For a container having a design capacity greater than 0.1 m\3\
and less than or equal to 0.46 m\3\, the owner or operator must control
air emissions from the container in accordance with the requirements in
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
(i) The owner or operator controls air emissions from the container
in accordance with the standards for Container Level 1 controls as
specified in 40 CFR part 63, subpart PP--National Emission Standards
for Containers.
(ii) As an alternative to meeting the requirements in paragraph
(b)(1)(i) of this section, an owner or operator may choose to control
air emissions from the container in accordance with the standards for
either Container Level 2 controls or Container Level 3 controls as
specified in subpart PP of this part 63--National Emission Standards
for Containers.
(2) For a container having a design capacity greater than 0.46 m\3\
and the container is not in light-material service as defined in
Sec. 63.681 of this subpart, the owner or operator must control air
emissions from the container in accordance with the requirements in
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
(3) For a container having a design capacity greater than 0.46 m\3\
and the container is in light-material service as defined in
Sec. 63.681 of this subpart, the owner or operator must control air
emissions from the container in accordance with the requirements in
either paragraph (b)(3)(i) or (b)(3)(ii) of this section.
(i) The owner or operator controls air emissions from the container
in accordance with the standards for Container Level 2 controls as
specified in 40 CFR part 63, subpart PP--National Emission Standards
for Containers.
(ii) As an alternative to meeting the requirements in paragraph
(b)(3)(i) of
[[Page 38970]]
this section, an owner or operator may choose to control air emissions
from the container in accordance with the standards for Container Level
3 controls as specified in 40 CFR part 63, subpart PP--National
Emission Standards for Containers.
(c) When a container subject to this subpart and having a design
capacity greater than 0.1 m\3\ is used for treatment of an off-site
material by a waste stabilization process as defined in Sec. 63.681 of
this subpart, the owner or operator shall control air emissions from
the container at those times during the process when the off-site
material in the container is exposed to the atmosphere in accordance
with the standards for Container Level 3 controls as specified in 40
CFR part 63, subpart PP--National Emission Standards for Containers.
10. Section 63.689 is amended by revising paragraphs (b), (c), (d)
introductory text, and (d)(5) introductory text to read as follows:
Sec. 63.689 Standards: Transfer systems.
* * * * *
(b) For each transfer system that is subject to this section and is
an individual drain system, the owner or operator shall control air
emissions in accordance with the standards specified in 40 CFR part 63,
subpart RR--National Emission Standards for Individual Drain Systems.
(c) For each transfer system that is subject to this section but is
not an individual drain system, the owner or operator shall control air
emissions by using one of the transfer systems specified in paragraphs
(c)(1) through (c)(3) of this section.
(1) A transfer system that uses covers in accordance with the
requirements specified in paragraph (d) of this section.
(2) A transfer system that consists of continuous hard-piping. All
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed flange).
(3) A transfer system that is enclosed and vented through a closed-
vent system to a control device in accordance with the requirements
specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section.
(i) The transfer system is designed and operated such that an
internal pressure in the vapor headspace in the enclosure is maintained
at a level less than atmospheric pressure when the control device is
operating, and
(ii) The closed-vent system and control device are designed and
operated in accordance with the requirements of Sec. 63.693 of this
subpart.
(d) Owners and operators controlling air emissions from a transfer
system using covers in accordance with the provisions of paragraph
(c)(1) of this section shall meet the requirements specified in
paragraphs (d)(1) through (d)(6) of this section.
* * * * *
(5) Whenever an off-site material is in the transfer system, the
cover shall be installed with each closure device secured in the closed
position except as specified in paragraph (d)(5)(i) or (d)(5)(ii) of
this section.
* * * * *
11. Section 63.690 is revised to read as follows:
Sec. 63.690 Standards: Process vents.
(a) The provisions of this section apply to the control of air
emissions from process vents for which Sec. 63.683(c)(1)(i) of this
subpart references the use of this section for such air emission
control.
(b) The owner or operator must route the vent stream from each
affected process vent through a closed-vent system to a control device
that meets the standards specified in Sec. 63.693 of this subpart. For
the purpose of complying with this paragraph (b), a primary condenser
is not a control device; however, a second condenser or other organic
recovery device that is operated downstream of the primary condenser is
considered a control device.
12. Section 63.691 is revised to read as follows:
Sec. 63.691 Standards: Equipment leaks.
(a) The provisions of this section apply to the control of air
emissions from equipment leaks for which Sec. 63.683(b)(3) of this
subpart references the use of this section for such air emission
control.
(b) The owner or operator shall control the HAP emitted from
equipment leaks in accordance with the applicable provisions specified
in either paragraph (b)(1) or (b)(2) of this section.
(1) The owner or operator controls the HAP emitted from equipment
leaks in accordance with Sec. 61.242 through Sec. 61.247 in 40 CFR part
61, subpart V--National Emission Standards for Equipment Leaks; or
(2) The owner or operator controls the HAP emitted from equipment
leaks in accordance with Sec. 63.162 through Sec. 63.182 in subpart H--
National Emission Standards for Organic Hazardous Air Pollutants from
Equipment Leaks.
13. Section 63.693 is revised to read as follows:
Sec. 63.693 Standards: Closed-vent systems and control devices.
(a) The provisions of this section apply to closed-vent systems and
control devices used to control air emissions for which another
standard references the use of this section for such air emission
control.
(b) For each closed-vent system and control device used to comply
with this section, the owner or operator shall meet the following
requirements:
(1) The owner or operator must use a closed-vent system that meets
the requirements specified in paragraph (c) of this section.
(2) The owner or operator must use a control device that meets the
requirements specified in paragraphs (d) through (h) of this section as
applicable to the type and design of the control device selected by the
owner or operator to comply with the provisions of this section.
(3) Whenever gases or vapors containing HAP are vented through a
closed-vent system connected to a control device used to comply with
this section, the control device must be operating except at those
times listed in either paragraph (b)(3)(i) or (b)(3)(ii) of this
section.
(i) The control device may be bypassed for the purpose of
performing planned routine maintenance of the closed-vent system or
control device in situations when the routine maintenance cannot be
performed during periods that the emission point vented to the control
device is shutdown. On an annual basis, the total time that the closed-
vent system or control device is bypassed to perform routine
maintenance shall not exceed 240 hours per each calendar year.
(ii) The control device may be bypassed for the purpose of
correcting a malfunction of the closed-vent system or control device.
The owner or operator shall perform the adjustments or repairs
necessary to correct the malfunction as soon as practicable after the
malfunction is detected.
(4) The owner or operator must inspect and monitor each closed-vent
system in accordance with the requirements specified in either
paragraph (b)(4)(i) or (b)(4)(ii) of this section.
(i) The owner or operator inspects and monitors the closed-vent
system in accordance with the requirements specified in Sec. 63.695(c)
of this subpart, and complies with the applicable recordkeeping
requirements in Sec. 63.696 of this subpart and the applicable
reporting requirements in Sec. 63.697 of this subpart.
[[Page 38971]]
(ii) As an alternative to meeting the requirements specified in
paragraph (b)(4)(i) of this section, the owner or operator may choose
to inspect and monitor the closed-vent system in accordance with the
requirements under 40 CFR part 63, subpart H--National Emission
Standards for Organic Hazardous Air Pollutants for Equipment Leaks as
specified in 40 CFR 63.172(f) through (h), and complies with the
applicable recordkeeping requirements in 40 CFR 63.181 and the
applicable reporting requirements in 40 CFR 63.182.
(5) The owner or operator must monitor the operation of each
control device in accordance with the requirements specified in
paragraphs (d) through (h) of this section as applicable to the type
and design of the control device selected by the owner or operator to
comply with the provisions of this section.
(6) The owner or operator shall maintain records for each control
device in accordance with the requirements of Sec. 63.696 of this
subpart.
(7) The owner or operator shall prepare and submit reports for each
control device in accordance with the requirements of Sec. 63.697 of
this subpart.
(8) In the case when an owner or operator chooses to use a design
analysis to demonstrate compliance of a control device with the
applicable performance requirements specified in this section as
provided for in paragraphs (d) through (g) of this section, the
Administrator may request that the design analysis be revised or
amended by the owner or operator to correct any deficiencies identified
by the Administrator. If the owner or operator and the Administrator do
not agree on the acceptability of using the design analysis (including
any changes requested by the Administrator) to demonstrate that the
control device achieves the applicable performance requirements, then
the disagreement must be resolved using the results of a performance
test conducted by the owner or operator in accordance with the
requirements of Sec. 63.694(l) of this subpart. The Administrator may
choose to have an authorized representative observe the performance
test conducted by the owner or operator. Should the results of this
performance test not agree with the determination of control device
performance based on the design analysis, then the results of the
performance test will be used to establish compliance with this
subpart.
(c) Closed-vent system requirements.
(1) The vent stream required to be controlled shall be conveyed to
the control device by either of the following closed-vent systems:
(i) A closed-vent system that is designed to operate with no
detectable organic emissions using the procedure specified in
Sec. 63.694(k) of this subpart; or
(ii) A closed-vent system that is designed to operate at a pressure
below atmospheric pressure. The system shall be equipped with at least
one pressure gage or other pressure measurement device that can be read
from a readily accessible location to verify that negative pressure is
being maintained in the closed-vent system when the control device is
operating.
(2) In situations when the closed-vent system includes bypass
devices that could be used to divert a vent stream from the closed-vent
system to the atmosphere at a point upstream of the control device
inlet, each bypass device must be equipped with either a flow indicator
as specified in paragraph (c)(2)(i) of this section or a seal or
locking device as specified in paragraph (c)(2)(ii) of this section.
For the purpose of complying with this paragraph (c)(2), low leg
drains, high point bleeds, analyzer vents, open-ended valves or lines,
or pressure relief valves needed for safety reasons are not subject to
the requirements of this paragraph (c)(2).
(i) If a flow indicator is used, the indicator must be installed at
the entrance to the bypass line used to divert the vent stream from the
closed-vent system to the atmosphere. The flow indicator must indicate
a reading at least once every 15 minutes. The owner or operator must
maintain records of the following information: hourly records of
whether the flow indicator was operating and whether flow was detected
at any time during the hour; and records of all periods when flow is
detected or the flow indicator is not operating.
(ii) If a seal or locking device is used, the bypass line valve
must be secured in the non-diverting position with a car-seal or a
lock-and-key type configuration. The seal or locking device must be
placed on the mechanism by which the bypass device position is
controlled (e.g., valve handle, damper lever) when the bypass device is
in the non-diverting position such that the bypass device cannot be
moved to the diverting position without breaking the seal or removing
the lock. The owner or operator must visually inspect the seal or
closure mechanism at least once every month to determine that the
bypass line valve is maintained in the non-diverting position and the
vent stream is not diverted through the bypass line.
(d) Carbon adsorption control device requirements.
(1) The carbon adsorption system must achieve the performance
specifications in either paragraph (d)(1)(i) or (d)(1)(ii) of this
section.
(i) Recover 95 percent or more, on a weight-basis, of the total
organic compounds (TOC), less methane and ethane, contained in the vent
stream entering the carbon adsorption system; or
(ii) Recover 95 percent or more, on a weight-basis, of the total
HAP listed in Table 1 of this subpart contained in the vent stream
entering the carbon adsorption system.
(2) The owner or operator must demonstrate that the carbon
adsorption system achieves the performance requirements in paragraph
(d)(1) of this section by either performing a performance test as
specified in paragraph (d)(2)(i) of this section or a design analysis
as specified in paragraph (d)(2)(ii) of this section.
(i) An owner or operator choosing to use a performance test to
demonstrate compliance must conduct the test in accordance with the
requirements of Sec. 63.694(l) of this subpart.
(ii) An owner or operator choosing to use a design analysis to
demonstrate compliance must include as part of this design analysis the
information specified in either paragraph (d)(2)(ii)(A) or
(d)(2)(ii)(B) of this section as applicable to the carbon adsorption
system design.
(A) For a regenerable carbon adsorption system, the design analysis
shall address the vent stream composition, constituent concentrations,
flow rate, relative humidity, and temperature and shall establish the
design exhaust vent stream organic compound concentration, adsorption
cycle time, number and capacity of carbon beds, type and working
capacity of activated carbon used for carbon beds, design total
regeneration steam 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.
(B) For a nonregenerable carbon adsorption system (e.g., a carbon
canister), the design analysis shall address the vent stream
composition, constituent concentrations, flow rate, relative humidity,
and temperature and shall establish the design exhaust vent stream
organic compound concentration, carbon bed capacity, activated carbon
type and working capacity, and design carbon replacement interval based
on the total
[[Page 38972]]
carbon working capacity of the control device and emission point
operating schedule.
(3) The owner or operator must monitor the operation of the carbon
adsorption system in accordance with the requirements of Sec. 63.695(e)
of this subpart using one of the continuous monitoring systems
specified in paragraphs (d)(3)(i) through (d)(3)(iii) of this section.
(i) For a regenerative-type carbon adsorption system:
(A) A continuous parameter monitoring system to measure and record
the average total regeneration stream mass flow or volumetric flow
during each carbon bed regeneration cycle. The integrating regenerating
stream flow monitoring device must have an accuracy of 10
percent; and
(B) A continuous parameter monitoring system to measure and record
the average carbon bed temperature for the duration of the carbon bed
steaming cycle and to measure the actual carbon bed temperature after
regeneration and within 15 minutes of completing the cooling cycle. The
accuracy of the temperature monitoring device must be 1
percent of the temperature being measured, expressed in degrees Celsius
or 5 deg.C, whichever is greater.
(ii) A continuous monitoring system to measure and record the daily
average concentration level of organic compounds in the exhaust gas
stream from the control device. The accuracy of the organic monitoring
device must be 1 percent of the concentration being
measured.
(iii) A continuous monitoring system that measures other
alternative operating parameters upon approval of the Administrator as
specified in 40 CFR 63.8(f)(1) through (f)(5) of this part.
(4) The owner or operator shall manage the carbon used for the
carbon adsorption system, as follows:
(i) Following the initial startup of the control device, all carbon
in the control device shall be replaced with fresh carbon on a regular,
predetermined time interval that is no longer than the carbon service
life established for the carbon adsorption system.
(ii) The spent carbon removed from the carbon adsorption system
must be either regenerated, reactivated, or burned in one of the units
specified in paragraphs (d)(4)(ii)(A) through (d)(4)(ii)(G) of this
section.
(A) Regenerated or reactivated in a thermal treatment unit for
which the owner or operator has been issued a final permit under 40 CFR
part 270 that implements the requirements of 40 CFR part 264, subpart
X.
(B) Regenerated or reactivated in a thermal treatment unit equipped
with and operating air emission controls in accordance with this
section.
(C) Regenerated or reactivated in a thermal treatment unit equipped
with and operating organic air emission controls in accordance with a
national emission standard for hazardous air pollutants under another
subpart in 40 CFR part 63 or 40 CFR part 61.
(D) Burned in a hazardous waste incinerator for which the owner or
operator has been issued a final permit under 40 CFR part 270 that
implements the requirements of 40 CFR part 264, subpart O.
(E) Burned in a hazardous waste incinerator for which the owner or
operator has designed and operates the incinerator in accordance with
the interim status requirements of 40 CFR part 265, subpart O.
(F) Burned in a boiler or industrial furnace for which the owner or
operator has been issued a final permit under 40 CFR part 270 that
implements the requirements of 40 CFR part 266, subpart H.
(G) Burned in a boiler or industrial furnace for which the owner or
operator has designed and operates the unit in accordance with the
interim status requirements of 40 CFR part 266, subpart H.
(e) Condenser control device requirements.
(1) The condenser must achieve the performance specifications in
either paragraph (e)(1)(i) or (e)(1)(ii) of this section.
(i) Recover 95 percent or more, on a weight-basis, of the total
organic compounds (TOC), less methane and ethane, contained in the vent
stream entering the condenser; or
(ii) Recover 95 percent or more, on a weight-basis, of the total
HAP, listed in Table 1 of this subpart, contained in the vent stream
entering the condenser.
(2) The owner or operator must demonstrate that the condenser
achieves the performance requirements in paragraph (e)(1) of this
section by either performing a performance test as specified in
paragraph (e)(2)(i) of this section or a design analysis as specified
in paragraph (e)(2)(ii) of this section.
(i) An owner or operator choosing to use a performance tests to
demonstrate compliance must conduct the test in accordance with the
requirements of Sec. 63.694(l) of this subpart.
(ii) An owner or operator choosing to use a design analysis to
demonstrate compliance must include as part of this design analysis the
following information: description of the vent stream composition,
constituent concentrations, flow rate, relative humidity, and
temperature; and specification of the design outlet organic compound
concentration level, design average temperature of the condenser
exhaust vent stream, and the design average temperatures of the coolant
fluid at the condenser inlet and outlet.
(3) The owner or operator must monitor the operation of the
condenser in accordance with the requirements of Sec. 63.695(e) of this
subpart using one of the continuous monitoring systems specified in
paragraphs (e)(3)(i) through (e)(3)(iii) of this section.
(i) A continuous parameter monitoring system to measure and record
the daily average temperature of the exhaust gases from the control
device. The accuracy of the temperature monitoring device shall be
1 percent of the temperature being measured, expressed in
degrees Celsius or 5 deg.C, whichever is greater.
(ii) A continuous monitoring system to measure and record the daily
average concentration of organic compounds in the exhaust vent stream
from the control device. The accuracy of the concentration monitoring
device shall be 1 percent of the concentration being
measured.
(iii) A continuous monitoring system that measures other
alternative operating parameters upon approval of the Administrator as
specified in 40 CFR 63.8(f)(1) through (f)(5) of this part.
(f) Vapor incinerator control device requirements.
(1) The vapor incinerator must achieve the performance
specifications in either paragraph (f)(1)(i), (f)(1)(ii), or
(f)(1)(iii) of this section.
(i) Destroy the total organic compounds (TOC), less methane and
ethane, contained in the vent stream entering the vapor incinerator
either:
(A) By 95 percent or more, on a weight-basis, or
(B) To achieve a total incinerator outlet concentration for the
TOC, less methane and ethane, of less than or equal to ppmv on a dry
basis corrected to 3 percent oxygen.
(ii) Destroy the HAP listed in Table 1 of this subpart contained in
the vent stream entering the vapor incinerator either:
(A) By 95 percent or more, on a total HAP weight-basis, or
(B) To achieve a total incinerator outlet concentration for the
HAP, listed in Table 1 of this subpart, of less than or equal to ppmv
on a dry basis corrected to 3 percent oxygen.
(iii) Maintain the conditions in the vapor incinerator combustion
chamber at a residence time of 0.5 seconds or
[[Page 38973]]
longer and at a temperature of 760 deg.C or higher.
(2) The owner or operator must demonstrate that the vapor
incinerator achieves the performance requirements in paragraph (f)(1)
of this section by either performing a performance test as specified in
paragraph (f)(2)(i) of this section or a design analysis as specified
in paragraph (f)(2)(ii) of this section.
(i) An owner or operator choosing to use a performance test to
demonstrate compliance must conduct the test in accordance with the
requirements of Sec. 63.694(l) of this subpart.
(ii) An owner or operator choosing to use a design analysis to
demonstrate compliance must include as part of this design analysis the
information specified in either paragraph (f)(2)(ii)(A) or
(f)(2)(ii)(B) of this section as applicable to the vapor incinerator
design.
(A) For a thermal vapor incinerator, the design analysis shall
address the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average
temperatures in the combustion chamber and the combustion chamber
residence time.
(B) For a catalytic vapor incinerator, the design analysis shall
address the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average
temperatures across the catalyst bed inlet and outlet, and the design
service life of the catalyst.
(3) The owner or operator must monitor the operation of the vapor
incinerator in accordance with the requirements of Sec. 63.695(e) of
this subpart using one of the continuous monitoring systems specified
in paragraphs (f)(3)(i) through (f)(3)(iv) of this section as
applicable to the type of vapor incinerator used.
(i) For a thermal vapor incinerator, a continuous parameter
monitoring system to measure and record the daily average temperature
of the exhaust gases from the control device. The accuracy of the
temperature monitoring device must be 1 percent of the
temperature being measured, expressed in degrees Celsius of
0.5 deg.C, whichever is greater.
(ii) For a catalytic vapor incinerator, a temperature monitoring
device capable of monitoring temperature at two locations equipped with
a continuous recorder. One temperature sensor shall be installed in the
vent stream at the nearest feasible point to the catalyst bed inlet and
a second temperature sensor shall be installed in the vent stream at
the nearest feasible point to the catalyst bed outlet.
(iii) For either type of vapor incinerator, a continuous monitoring
system to measure and record the daily average concentration of organic
compounds in the exhaust vent stream from the control device. The
accuracy of the concentration monitoring device must be 1
percent of the concentration being measured.
(iv) For either type of vapor incinerator, a continuous monitoring
system that measures alternative operating parameters other than those
specified in paragraph (f)(3)(i) or (f)(3)(ii) of this section upon
approval of the Administrator as specified in 40 CFR 63.8(f)(1) through
(f)(5) of this part.
(g) Boilers and process heaters control device requirements.
(1) The boiler or process heater must achieve the performance
specifications in either paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii),
(g)(1)(iv), or (g)(1)(v) of this section.
(i) Destroy the total organic compounds (TOC), less methane and
ethane, contained in the vent stream introduced into the flame zone of
the boiler or process heater either:
(A) By 95 percent or more, on a weight-basis, or
(B) To achieve in the exhausted combustion gases a total
concentration for the TOC, less methane and ethane, of less than or
equal to 20 parts ppmv on a dry basis corrected to 3 percent oxygen.
(ii) Destroy the HAP listed in Table 1 of this subpart contained in
the vent stream entering the vapor incinerator either:
(A) By 95 percent or more, on a total HAP weight-basis, or
(B) To achieve in the exhausted combustion gases a total
concentration for the HAP, listed in Table 1 of the subpart, of less
than or equal to 20 ppmv on a dry basis corrected to 3 percent oxygen.
(iii) Introduce the vent stream into the flame zone of the boiler
or process heater and maintain the conditions in the combustion chamber
at a residence time of 0.5 seconds or longer and at a temperature of
760 deg.C or higher.
(iv) Introduce the vent stream with the fuel that provides the
predominate heat input to the boiler or process heater (i.e., the
primary fuel); or
(v) Introduce the vent stream to a boiler or process heater for
which the owner or operator either has been issued a final permit under
40 CFR part 270 and complies with the requirements of 40 CFR part 266,
subpart H of this chapter; or has certified compliance with the interim
status requirements of 40 CFR part 266, subpart H of this chapter.
(2) The owner or operator must demonstrate that the boiler or
process heater achieves the performance specifications in paragraph
(g)(1) of this section chosen by the owner or operator using the
applicable method specified in paragraph (g)(2)(i) or (g)(2)(ii) of
this section.
(i) If an owner or operator chooses to comply with the performance
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or
(g)(1)(iii) of this section, the owner or operator must demonstrate
compliance with the applicable performance specifications by either
performing a performance test as specified in paragraph (g)(2)(i)(A) of
this section or a design analysis as specified in paragraph
(g)(2)(i)(B) of this section.
(A) An owner or operator choosing to use a performance test to
demonstrate compliance must conduct the test in accordance with the
requirements of Sec. 63.694(l) of this subpart.
(B) An owner or operator choosing to use a design analysis to
demonstrate compliance must include as part of this design analysis the
following information: description of the vent stream composition,
constituent concentrations, and flow rate; specification of the design
minimum and average flame zone temperatures and combustion zone
residence time; and description of the method and location by which the
vent stream is introduced into the flame zone.
(ii) If an owner or operator chooses to comply with the performance
specifications in either paragraph (g)(1)(iv) or (g)(1)(v) of this
section, the owner or operator must demonstrate compliance by
maintaining the records that document that the boiler or process heater
is designed and operated in accordance with the applicable requirements
of this section.
(3) For a boiler or process heater complying with the performance
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or
(g)(1)(iii) of this section, the owner or operator must monitor the
operation of a boiler or process heater in accordance with the
requirements of Sec. 63.695(e) of this subpart using one of the
continuous monitoring systems specified in paragraphs (g)(3)(i) through
(g)(3)(iii) of this section.
(i) A continuous parameter monitoring system to measure and record
the daily average combustion zone temperature. The accuracy of the
temperature sensor must be 1 percent of the temperature
being measured, expressed in degrees Celsius or 0.5 deg.C,
whichever is greater;
[[Page 38974]]
(ii) A continuous monitoring system to measure and record the daily
average concentration of organic compounds in the exhaust vent stream
from the control device. The accuracy of the concentration monitoring
device must be 1 percent of the concentration being
measured.
(iii) A continuous monitoring system that measures alternative
operating parameters other than those specified in paragraph (g)(3)(i)
or (g)(3)(ii) of this section upon approval of the Administrator as
specified in 40 CFR 63.8(f)(1) through (f)(5) of this part.
(h) Flare control device requirements.
(1) The flare must be designed and operated in accordance with the
requirements in 40 CFR 63.11(b).
(2) The owner or operator must demonstrate that the flare achieves
the requirements in paragraph (h)(1) of this section by performing the
procedures specified in paragraph (h)(2)(i) of this section. A previous
compliance demonstration for the flare that meets all of the conditions
specified in paragraph (h)(2)(ii) of this section may be used by an
owner or operator to demonstrate compliance with this paragraph (h)(2).
(i) To demonstrate that a flare achieves the requirements in
paragraph (h)(1) of this section, the owner or operator performs all of
the procedures specified in paragraphs (h)(2)(i)(A) through
(h)(2)(i)(C) of this section.
(A) The owner or operator conducts a visible emission test for the
flare in accordance with the requirements specified in 40 CFR
63.11(b)(4).
(B) The owner or operator determines the net heating value of the
gas being combusted in the flare in accordance with the requirements
specified in 40 CFR 63.11(b)(6); and
(C) The owner or operator determines the flare exit velocity in
accordance with the requirements applicable to the flare design as
specified in 40 CFR 63.11(b)(7) or 40 CFR 63.11(b)(8).
(ii) A previous compliance demonstration for the flare may be used
by an owner or operator to demonstrate compliance with paragraph (h)(2)
of this section provided that all conditions for the compliance
determination and subsequent flare operation are met as specified in
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section.
(A) The owner or operator conducted the compliance determination
using the procedures specified in paragraph (h)(2)(i) of this section.
(B) No flare operating parameter or process changes have occurred
since completion of the compliance determination which could affect the
compliance determination results.
(3) The owner or operator must monitor the operation of the flare
using a heat sensing monitoring device (including but not limited to a
thermocouple, ultraviolet beam sensor, or infrared sensor) that
continuously detects the presence of a pilot flame. The owner or
operator must record, for each 1-hour period, whether the monitor was
continuously operating and whether a pilot flame was continuously
present during each hour as required in Sec. 63.696(b)(3) of this
subpart.
14. Section 63.694 is amended by adding paragraphs (a)(12) and (m)
and by revising paragraphs (b)(2)(ii), (b)(2)(iii), (b)(3)(i), (c),
(e), (f), (g), (h), (i) and (k) to read as follows:
Sec. 63.694 Testing methods and procedures.
(a) * * *
(12) To determine process vent stream flow rate and total organic
HAP concentration for compliance with the standards specified in
Sec. 63.693 of this subpart, the testing methods and procedures are
specified in paragraph (m) of this section.
(b) * * *
(2) * * *
(ii) Analysis. Each collected sample must be prepared and analyzed
in accordance with one of the following methods as applicable to the
sampled off-site material for the purpose of measuring the HAP listed
in Table 1 of this subpart:
(A) Method 305 in 40 CFR part 63, appendix A.
(B) Method 25D in 40 CFR part 60, appendix A.
(C) Method 624 in 40 CFR part 136, appendix A. If this method is
used to analyze one or more compounds that are not on the method's
published list of approved compounds, the Alternative Test Procedure
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
(D) Method 625 in 40 CFR part 136, appendix A. For the purpose of
using this method to comply with this subpart, the owner or operator
must perform corrections to these compounds based on the ``accuracy as
recovery'' using the factors in Table 7 of the method. If this method
is used to analyze one or more compounds that are not on the method's
published list of approved compounds, the Alternative Test Procedure
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
(E) Method 1624 in 40 CFR part 136, appendix A.
(F) Method 1625 in 40 CFR part 136, appendix A.
(G) Method 8260 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992. As an
alternative, an owner or operator may use any more recent, updated
version of Method 8260 approved by the EPA. For the purpose of using
Method 8260 to comply with this subpart, the owner or operator must
maintain a formal quality assurance program consistent with section 8
of Method 8260, and this program must include the following elements
related to measuring the concentrations of volatile compounds:
(1) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, and preparation steps.
(2) Documentation of specific quality assurance procedures followed
during sampling, sample preparation, sample introduction, and analysis.
(3) Measurement of the average accuracy and precision of the
specific procedures, including field duplicates and field spiking of
the off-site material source before or during sampling with compounds
having similar chemical characteristics to the target analytes.
(H) Method 8270 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992. As an
alternative, an owner or operator may use any more recent, updated
version of Method 8270 approved by the EPA. For the purpose of using
Method 8270 to comply with this subpart, the owner or operator must
maintain a formal quality assurance program consistent with Method
8270, and this program must include the following elements related to
measuring the concentrations of volatile compounds:
(1) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, and preparation steps.
(2) Documentation of specific quality assurance procedures followed
during sampling, sample preparation, sample introduction, and analysis.
(3) Measurement of the average accuracy and precision of the
specific procedures, including field duplicates and field spiking of
the off-site material source before or during sampling with compounds
having similar chemical characteristics to the target analytes.
(I) Any other analysis method that has been validated in accordance
with the procedures specified in section 5.1 and
[[Page 38975]]
section 5.3 and the corresponding calculations in section 6.1 or
section 6.3 of Method 301 in appendix A in 40 CFR part 63. The data are
acceptable if they meet the criteria specified in section 6.1.5 or
section 6.3.3 of Method 301. If correction is required under section
6.3.3 of Method 301, the data are acceptable if the correction factor
is within the range of 0.7 to 1.30. Other sections of Method 301 are
not required.
(iii) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples
analyzed in accordance with paragraph (b)(2)(ii) of this section and
the following equation. An owner or operator using a test method that
provides species-specific chemical concentrations may adjust the
measured concentrations to the corresponding concentration values which
would be obtained had the off-site material samples been analyzed using
Method 305. To adjust these data, the measured concentration for each
individual HAP chemical species contained in the off-site material is
multiplied by the appropriate species-specific adjustment factor
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20JY99.000
Where:
C = Average VOHAP concentration of the off-site material at the point-
of-delivery on a mass-weighted basis, ppmw.
i = Individual sample ``i'' of the off-site material.
n = Total number of samples of the off-site material collected (at
least 4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of off-site material stream represented
by Ci, kg/hr.
QT = Total mass quantity of off-site material during the
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as
determined in accordance with the requirements of Sec. 63.694(a), ppmw.
* * * * *
(3) * * *
(i) Documentation shall be prepared that presents the information
used as the basis for the owner's or operator's knowledge of the off-
site material stream's average VOHAP concentration. Examples of
information that may be used as the basis for knowledge include:
material balances for the source or process generating the off-site
material stream; species-specific chemical test data for the off-site
material stream from previous testing that are still applicable to the
current off-site material stream; previous test data for other
locations managing the same type of off-site material stream; or other
knowledge based on information in documents such as manifests, shipping
papers, or waste certification notices.
* * * * *
(c) Determination of average VOHAP concentration of an off-site
material stream at the point-of-treatment.
(1) Sampling. Samples of the off-site material stream shall be
collected at the point-of-treatment in a manner such that
volatilization of organics contained in the sample is minimized and an
adequately representative sample is collected and maintained for
analysis by the selected method.
(i) The averaging period to be used for determining the average
VOHAP concentration for the off-site material stream on a mass-weighted
average basis shall be designated and recorded. The averaging period
can represent any time interval that the owner or operator determines
is appropriate for the off-site material stream but shall not exceed 1
year.
(ii) A sufficient number of samples, but no less than four samples,
shall be collected to represent the complete range of HAP compositions
and HAP quantities that occur in the off-site material stream during
the entire averaging period due to normal variations in the operating
conditions for the treatment process. Examples of such normal
variations are seasonal variations in off-site material quantity or
fluctuations in ambient temperature.
(iii) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in
a site sampling plan. This plan shall describe the procedure by which
representative samples of the off-site material stream are collected
such that a minimum loss of organics occurs throughout the sample
collection and handling process and by which sample integrity is
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable
sampling plan includes a plan incorporating sample collection and
handling procedures in accordance with the requirements specified in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
(2) Analysis. Each collected sample must be prepared and analyzed
in accordance with one of the methods specified in paragraphs
(b)(2)(ii)(A) through (b)(2)(ii)(I) of this section, as applicable to
the sampled off-site material, for the purpose of measuring the HAP
listed in Table 1 of this subpart.
(3) Calculations. The average VOHAP concentration (C) a mass-
weighted basis shall be calculated by using the results for all samples
analyzed in accordance with paragraph (c)(2) of this section and the
following equation. An owner or operator using a test method that
provides species-specific chemical concentrations may adjust the
measured concentrations to the corresponding concentration values which
would be obtained had the off-site material samples been analyzed using
Method 305. To adjust these data, the measured concentration for each
individual HAP chemical species contained in the off-site material is
multiplied by the appropriate species-specific adjustment factor
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20JY99.001
Where:
C = Average VOHAP concentration of the off-site material on a mass-
weighted basis, ppmw.
i = Individual sample ``i'' of the off-site material.
n = Total number of samples of the off-site material collected (at
least 4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of off-site material stream represented
by Ci, kg/hr.
QT = Total mass quantity of off-site material during the
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as
determined in accordance with the requirements of Sec. 63.694(a), ppmw.
* * * * *
(e) Determination of required HAP mass removal rate (RMR).
(1) Each individual stream containing HAP that enters the treatment
process shall be identified.
(2) The average VOHAP concentration at the point-of-delivery for
each stream identified in paragraph (e)(1) of this section shall be
determined using the test methods and procedures specified in paragraph
(b) of this section.
(3) For each stream identified in paragraph (e)(1) of this section
that has an average VOHAP concentration equal to or greater than 500
ppmw at the point-of-delivery, the average volumetric flow rate and the
density of the off-site material stream at the point-of-delivery shall
be determined.
[[Page 38976]]
(4) The required HAP mass removal rate (RMR) shall be calculated by
using the average VOHAP concentration, average volumetric flow rate,
and density determined in paragraph (e)(3) of this section for each
stream and the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.002
Where:
RMR = Required HAP mass removal rate, kg/hr.
y = Individual stream ``y'' that has a VOHAP concentration equal to or
greater than 500 ppmw at the point-of-delivery as determined in
Sec. 63.694(b).
n = Total number of ``y'' streams treated by process.
Vy = Average volumetric flow rate of stream ``y'' at the
point-of-delivery, m3/hr.
ky = Density of stream ``y'', kg/m3.
Cy = Average VOHAP concentration of stream ``y'' at the
point-of-delivery as determined in Sec. 63.694(b)(2), ppmw.
(f) Determination of actual HAP mass removal rate (MR).
(1) The actual HAP mass removal rate (MR) shall be determined based
on results for a minimum of three consecutive runs. The sampling time
for each run shall be 1 hour.
(2) The HAP mass flow entering the process (Eb) and the
HAP mass flow exiting the process (Ea) shall be determined
using the test methods and procedures specified in paragraphs (g)(2)
through (g)(4) of this section.
(3) The actual mass removal rate shall be calculated using the HAP
mass flow rates determined in paragraph (f)(2) of this section and the
following equation:
MR = Eb - Ea
where:
MR = Actual HAP mass removal rate, kg/hr.
Eb = HAP mass flow entering process as determined in
paragraph (f)(2) of this section, kg/hr.
Ea = HAP mass flow exiting process as determined in
paragraph (f)(2) of this section, kg/hr.
(g) Determination of treatment process HAP reduction efficiency
(R).
(1) The HAP reduction efficiency (R) for a treatment process shall
be determined based on results for a minimum of three consecutive runs.
(2) Each individual stream containing HAP that enters the treatment
process shall be identified. Each individual stream containing HAP that
exits the treatment process shall be identified. The owner or operator
shall prepare a sampling plan for measuring the identified streams that
accurately reflects the retention time of the material in the process.
(3) For each run, information shall be determined for each stream
identified in paragraph (g)(2) of this section as specified in
paragraphs (g)(3)(i) through (g)(3)(iii) of this section.
(i) The mass quantity shall be determined for each stream
identified in paragraph (g)(2) of this section as entering the process
(Qb). The mass quantity shall be determined for each stream
identified in paragraph (g)(2) of this section as exiting the process
(Qa).
(ii) The average VOHAP concentration at the point-of-delivery shall
be determined for each stream entering the process (Cb) (as
identified in paragraph (g)(2) of this section) using the test methods
and procedures specified in paragraph (b) of this section.
(iii) The average VOHAP concentration at the point-of-treatment
shall be determined for each stream exiting the process (Ca)
(as identified in paragraph (g)(2) of this section) using the test
methods and procedures specified in paragraph (c) of this section.
(4) The HAP mass flow entering the process (Eb) and the
HAP mass flow exiting the process (Ea) shall be calculated
using the results determined in paragraph (g)(3) of this section and
the following equations:
[GRAPHIC] [TIFF OMITTED] TR20JY99.003
Where:
Eb = HAP mass flow entering process, kg/hr.
Ea = HAP mass flow exiting process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qbj = Mass quantity of material entering process during run
``j'', kg/hr.
Qaj = Average mass quantity of material exiting process
during run ``j'', kg/hr.
Caj = Average VOHAP concentration of material exiting
process during run ``j'' as determined in Sec. 63.694(c), ppmw.
Cbj = Average VOHAP concentration of material entering
process during run ``j'' as determined in Sec. 63.694(b)(2), ppmw.
(5) The HAP reduction efficiency (R) shall be calculated using the
HAP mass flow rates determined in paragraph (g)(4) of this section and
the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.004
Where:
R = HAP reduction efficiency, percent.
Eb = HAP mass flow entering process as determined in
paragraph (g)(4) of this section, kg/hr.
Ea = HAP mass flow exiting process as determined in
accordance with the requirements of paragraph (g)(4) of this section,
kg/hr.
(h) Determination of HAP biodegradation efficiency
(Rbio).
(1) The fraction of HAP biodegraded (Fbio) shall be
determined using one of the procedures specified in appendix C of this
part 63.
(2) The HAP biodegradation efficiency (Rbio) shall be
calculated by using the following equation:
Rbio = Fbio x 100
where:
Rbio = HAP biodegradation efficiency, percent.
Fbio = Fraction of HAP biodegraded as determined in
paragraph (h)(1) of this section.
(i) Determination of actual HAP mass removal rate
(MRbio).
(1) The actual HAP mass removal rate (MRbio) shall be
determined based on results for a minimum of three consecutive runs.
The sampling time for each run shall be 1 hour.
(2) The HAP mass flow entering the process (Eb) shall be
determined using the test methods and procedures specified in
paragraphs (g)(2) through (g)(4) of this section.
(3) The fraction of HAP biodegraded (Fbio) shall be
determined using the procedure specified in 40 CFR part 63, appendix C
of this part.
(4) The actual mass removal rate shall be calculated by using the
HAP mass
[[Page 38977]]
flow rates and fraction of HAP biodegraded determined in paragraphs
(i)(2) and (i)(3), respectively, of this section and the following
equation:
MRbio = Eb x Fbio
Where:
MRbio = Actual HAP mass removal rate, kg/hr.
Eb = HAP mass flow entering process, kg/hr.
Fbio = Fraction of HAP biodegraded.
* * * * *
(k) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than, 10,000 ppmv.
(6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level
value must be determined according to the procedures in Method 21 of 40
CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (k)(8)(i) or (k)(8)(ii) of this
section.
(i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level,
then the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (k)(9) of this
section.
(ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (k)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (k)(9) of this section.
(9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (k)(9)(i) and (k)(9)(ii) of this section.
(i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (k)(8) is less than
500 ppmv.
(ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no
detectable organic emissions if the organic concentration value
determined in paragraph (k)(8) is less than 10,000 ppmv.
* * * * *
(m) Determination of process vent stream flow rate and total HAP
concentration.
(1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
must be used for selection of the sampling site.
(2) No traverse site selection method is needed for vents smaller
than 0.10 meter in diameter.
(3) Process vent stream gas volumetric flow rate must be determined
using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as
appropriate.
(4) Process vent stream total HAP concentration must be measured
using the following procedures:
(i) Method 18 of 40 CFR part 60, appendix A, must be used to
measure the total HAP concentration. Alternatively, any other method or
data that has been validated according to the protocol in Method 301 of
appendix A of this part may be used.
(ii) Where Method 18 of 40 CFR part 60, appendix A, is used, the
following procedures must be used to calculate parts per million by
volume concentration:
(A) The minimum sampling time for each run must be 1 hour in which
either an integrated sample or four grab samples must be taken. If grab
sampling is used, then the samples must be taken at approximately equal
intervals in time, such as 15 minute intervals during the run.
(B) The total HAP concentration (CHAP) must be computed
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.005
Where:
CHAP = Total concentration of HAP compounds listed in Table
1 of this subpart, dry basis, parts per million by volume.
Cji = Concentration of sample component j of the sample i,
dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.
15. Section 63.695 is revised to read as follows:
Sec. 63.695 Inspection and monitoring requirements.
(a) This section specifies the inspection and monitoring procedures
required to perform the following:
[[Page 38978]]
(1) To inspect tank fixed roofs and floating roofs for compliance
with the Tank Level 2 controls standards specified in Sec. 63.685 of
this subpart, the inspection procedures are specified in paragraph (b)
of this section.
(2) To inspect and monitor closed-vent systems for compliance with
the standards specified in Sec. 63.693 of this subpart, the inspection
and monitoring procedures are specified in paragraph (c) of this
section.
(3) To inspect and monitor transfer system covers for compliance
with the standards specified in Sec. 63.689(c)(1) of this subpart, the
inspection and monitoring procedures are specified in paragraph (d) of
this section.
(4) To monitor control devices for compliance with the standards
specified in Sec. 63.693 of this subpart, the monitoring procedures are
specified in paragraph (e) of this section.
(b) Tank Level 2 fixed roof and floating roof inspection
requirements.
(1) Owners and operators that use a tank equipped with an internal
floating roof in accordance with the provisions of Sec. 63.685(e) of
this subpart shall meet the following inspection requirements:
(i) The floating roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to, the
internal floating roof is not floating on the surface of the liquid
inside the tank; liquid has accumulated on top of the internal floating
roof; any portion of the roof seals have detached from the roof rim;
holes, tears, or other openings are visible in the seal fabric; the
gaskets no longer close off the waste surfaces from the atmosphere; or
the slotted membrane has more than 10 percent open area.
(ii) The owner or operator shall inspect the internal floating roof
components as follows except as provided for in paragraph (b)(1)(iii)
of this section:
(A) Visually inspect the internal floating roof components through
openings on the fixed-roof (e.g., manholes and roof hatches) at least
once every calendar year after initial fill, and
(B) Visually inspect the internal floating roof, primary seal,
secondary seal (if one is in service), gaskets, slotted membranes, and
sleeve seals (if any) each time the tank is emptied and degassed and at
least every 10 years. Prior to each inspection, the owner or operator
shall notify the Administrator in accordance with the reporting
requirements specified in Sec. 63.697 of this subpart.
(iii) As an alternative to performing the inspections specified in
paragraph (b)(1)(ii) of this section for an internal floating roof
equipped with two continuous seals mounted one above the other, the
owner or operator may visually inspect the internal floating roof,
primary and secondary seals, gaskets, slotted membranes, and sleeve
seals (if any) each time the tank is emptied and degassed and at least
every 5 years. Prior to each inspection, the owner or operator shall
notify the Administrator in accordance with the reporting requirements
specified in Sec. 63.697 of this subpart.
(iv) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (b)(4) of this section.
(v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
(2) Owners and operators that use a tank equipped with an external
floating roof in accordance with the provisions of Sec. 63.685(f) of
this subpart shall meet the following requirements:
(i) The owner or operator shall measure the external floating roof
seal gaps in accordance with the following requirements:
(A) The owner or operator shall perform measurements of gaps
between the tank wall and the primary seal within 60 days after initial
operation of the tank following installation of the floating roof and,
thereafter, at least once every 5 years. Prior to each inspection, the
owner or operator shall notify the Administrator in accordance with the
reporting requirements specified in Sec. 63.697 of this subpart.
(B) The owner or operator shall perform measurements of gaps
between the tank wall and the secondary seal within 60 days after
initial operation of the separator following installation of the
floating roof and, thereafter, at least once every year. Prior to each
inspection, the owner or operator shall notify the Administrator in
accordance with the reporting requirements specified in Sec. 63.697 of
this subpart.
(C) If a tank ceases to hold off-site material for a period of 1
year or more, subsequent introduction of off-site material into the
tank shall be considered an initial operation for the purposes of
paragraphs (b)(2)(i)(A) and (b)(2)(i)(B) of this section.
(D) The owner shall determine the total surface area of gaps in the
primary seal and in the secondary seal individually using the following
procedure.
(1) The seal gap measurements shall be performed at one or more
floating roof levels when the roof is floating off the roof supports.
(2) Seal gaps, if any, shall be measured around the entire
perimeter of the floating roof in each place where a 0.32-centimeter
(cm) (\1/8\-inch) diameter uniform probe passes freely (without forcing
or binding against the seal) between the seal and the wall of the tank
and measure the circumferential distance of each such location.
(3) For a seal gap measured under paragraph (b)(2) of this section,
the gap surface area shall be determined by using probes of various
widths to measure accurately the actual distance from the tank wall to
the seal and multiplying each such width by its respective
circumferential distance.
(4) The total gap area shall be calculated by adding the gap
surface areas determined for each identified gap location for the
primary seal and the secondary seal individually, and then dividing the
sum for each seal type by the nominal diameter of the tank. These total
gap areas for the primary seal and secondary seal are then compared to
the respective standards for the seal type as specified in
Sec. 63.685(f)(1) of this subpart.
(E) In the event that the seal gap measurements do not conform to
the specifications in Sec. 63.685(f)(1) of this subpart, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (b)(4) of this section.
(F) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
(ii) The owner or operator shall visually inspect the external
floating roof in accordance with the following requirements:
(A) The floating roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to:
holes, tears, or other openings in the rim seal or seal fabric of the
floating roof; a rim seal detached from the floating roof; all or a
portion of the floating roof deck being submerged below the surface of
the liquid in the tank; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
(B) The owner or operator shall perform the inspections following
installation of the external floating roof and, thereafter, at least
once every year.
(C) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the
[[Page 38979]]
requirements of paragraph (b)(4) of this section.
(D) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696(d) of this
subpart.
(3) Owners and operators that use a tank equipped with a fixed roof
in accordance with the provisions of Sec. 63.685(g) of this subpart
shall meet the following requirements:
(i) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the separator wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices. In the case when a tank is
buried partially or entirely underground, inspection is required only
for those portions of the cover that extend to or above the ground
surface, and those connections that are on such portions of the cover
(e.g., fill ports, access hatches, gauge wells, etc.) and can be opened
to the atmosphere.
(ii) The owner or operator must perform an initial inspection
following installation of the fixed roof. Thereafter, the owner or
operator must perform the inspections at least once every calendar year
except as provided for in paragraph (f) of this section.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (b)(4) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 63.696(e) of this subpart.
(4) The owner or operator shall repair each defect detected during
an inspection performed in accordance with the requirements of
paragraph (b)(1), (b)(2), or (b)(3) of this section in the following
manner:
(i) The owner or operator shall within 45 calendar days of
detecting the defect either repair the defect or empty the tank and
remove it from service. If within this 45-day period the defect cannot
be repaired or the tank cannot be removed from service without
disrupting operations at the plant site, the owner or operator is
allowed two 30-day extensions. In cases when an owner or operator
elects to use a 30-day extension, the owner or operator shall prepare
and maintain documentation describing the defect, explaining why
alternative storage capacity is not available, and specify a schedule
of actions that will ensure that the control equipment will be repaired
or the tank emptied as soon as possible.
(ii) When a defect is detected during an inspection of a tank that
has been emptied and degassed, the owner or operator shall repair the
defect before refilling the tank.
(c) Owners and operators that use a closed-vent system in
accordance with the provisions of Sec. 63.693 of this subpart shall
meet the following inspection and monitoring requirements:
(1) Each closed-vent system that is used to comply with
Sec. 63.693(c)(1)(i) of this subpart shall be inspected and monitored
in accordance with the following requirements:
(i) At initial startup, the owner or operator shall monitor the
closed-vent system components and connections using the procedures
specified in Sec. 63.694(k) of this subpart to demonstrate that the
closed-vent system operates with no detectable organic emissions.
(ii) After initial startup, the owner or operator shall inspect and
monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or other connections that are
permanently or semi-permanently sealed (e.g., a welded joint between
two sections of hard piping or a bolted and gasketed ducting flange)
shall be visually inspected at least once per year to check for defects
that could result in air emissions. The owner or operator shall monitor
a component or connection using the procedures specified in
Sec. 63.694(k) of this subpart to demonstrate that it operates with no
detectable organic emissions following any time the component is
repaired or replaced (e.g., a section of damaged hard piping is
replaced with new hard piping) or the connection is unsealed (e.g., a
flange is unbolted).
(B) Closed-vent system components or connections other than those
specified in paragraph (c)(1)(ii)(A) of this section, shall be
monitored at least once per year using the procedures specified in
Sec. 63.694(k) of this subpart to demonstrate that components or
connections operate with no detectable organic emissions.
(iii) In the event that a defect or leak is detected, the owner or
operator shall repair the defect or leak in accordance with the
requirements of paragraph (c)(3) of this section.
(iv) The owner or operator shall maintain a record of the
inspection and monitoring in accordance with the requirements specified
in Sec. 63.696 of this subpart.
(2) Each closed-vent system that is used to comply with
Sec. 63.693(c)(1)(ii) of this subpart shall be inspected and monitored
in accordance with the following requirements:
(i) The closed-vent system shall be visually inspected by the owner
or operator to check for defects that could result in air emissions.
Defects include, but are not limited to, visible cracks, holes, or gaps
in ductwork or piping; loose connections; or broken or missing caps or
other closure devices.
(ii) The owner or operator must perform an initial inspection
following installation of the closed-vent system. Thereafter, the owner
or operator must perform the inspections at least once every calendar
year except as provided for in paragraph (f) of this section.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (c)(3) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in Sec. 63.696
of this subpart.
(3) The owner or operator shall repair all detected defects as
follows:
(i) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall
be completed as soon as possible but no later than 45 calendar days
after detection.
(ii) Repair of a defect may be delayed beyond 45 calendar days if
either of the conditions specified in paragraph (c)(3)(ii)(A) or
(c)(3)(ii)(B) occurs. In this case, the owner or operator must repair
the defect the next time the process or unit that vents to the closed-
vent system is shutdown. Repair of the defect must be completed before
the process or unit resumes operation.
(A) Completion of the repair is technically infeasible without the
shutdown of the process or unit that vents to the closed-vent system.
(B) The owner or operator determines that the air emissions
resulting from the repair of the defect within the specified period
would be greater than the fugitive emissions likely to result by
delaying the repair until the next time the process or unit that vents
to the closed-vent system is shutdown.
(iii) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.696 of
this subpart.
(d) Owners and operators that use a transfer system equipped with a
cover in accordance with the provisions of Sec. 63.689(c)(1) of this
subpart shall meet the following inspection requirements:
(1) The cover and its closure devices shall be visually inspected
by the owner or operator to check for defects that
[[Page 38980]]
could result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the cover sections or between the
cover and its mounting; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices. In the case when a transfer
system is buried partially or entirely underground, inspection is
required only for those portions of the cover that extend to or above
the ground surface, and those connections that are on such portions of
the cover (e.g., access hatches, etc.) and can be opened to the
atmosphere.
(2) The owner or operator must perform an initial inspection
following installation of the cover. Thereafter, the owner or operator
must perform the inspections at least once every calendar year except
as provided for in paragraph (f) of this section.
(3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (d)(5) of this section.
(4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
(5) The owner or operator shall repair all detected defects as
follows:
(i) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall
be completed as soon as possible but no later than 45 calendar days
after detection except as provided in paragraph (d)(5)(ii) of this
section.
(ii) Repair of a defect may be delayed beyond 45 calendar days if
the owner or operator determines that repair of the defect requires
emptying or temporary removal from service of the transfer system and
no alternative transfer system is available at the site to accept the
material normally handled by the system. In this case, the owner or
operator shall repair the defect the next time the process or unit that
is generating the material handled by the transfer system stops
operation. Repair of the defect must be completed before the process or
unit resumes operation.
(iii) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.696 of
this subpart.
(e) Control device monitoring requirements. For each control device
required under Sec. 63.693 of this subpart to be monitored in
accordance with the provisions of this paragraph (e), the owner or
operator must ensure that each control device operates properly by
monitoring the control device in accordance with the requirements
specified in paragraphs (e)(1) through (e)(7) of this section.
(1) A continuous parameter monitoring system must be used to
measure the operating parameter or parameters specified for the control
device in Sec. 63.693(d) through Sec. 63.693(g) of this subpart as
applicable to the type and design of the control device. The continuous
parameter monitoring system must meet the following specifications and
requirements:
(i) The continuous parameter monitoring system must measure either
an instantaneous value at least once every 15 minutes or an average
value for intervals of 15 minutes or less and continuously record
either:
(A) Each measured data value; or
(B) Each block average value for each 1-hour period 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.
(ii) The monitoring system must be installed, calibrated, operated,
and maintained in accordance with the manufacturer's specifications or
other written procedures that provide reasonable assurance that the
monitoring equipment is operating properly.
(2) Using the data recorded by the monitoring system, the owner or
operator must calculate the daily average value for each monitored
operating parameter for each operating day. If operation of the control
device is continuous, the operating day is a 24-hour period. If control
device operation is not continuous, the operating day is the total
number of hours of control device operation per 24-hour period. Valid
data points must be available for 75 percent of the operating hours in
an operating day to compute the daily average.
(3) For each monitored operating parameter, the owner or operator
must establish a minimum operating parameter value or a maximum
operating parameter value, as appropriate, to define the range of
conditions at which the control device must be operated to continuously
achieve the applicable performance requirements specified in
Sec. 63.693(b)(2) of this subpart. Each minimum or maximum operating
parameter value must be established in accordance with the requirements
in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
(i) If the owner or operator conducts a performance test to
demonstrate control device performance, then the minimum or maximum
operating parameter value must be established based on values measured
during the performance test and supplemented, as necessary, by the
control device design specifications, manufacturer recommendations, or
other applicable information.
(ii) If the owner or operator uses a control device design analysis
to demonstrate control device performance, then the minimum or maximum
operating parameter value must be established based on the control
device design analysis and supplemented, as necessary, by the control
device manufacturer recommendations or other applicable information.
(4) An excursion for a given control device is determined to have
occurred when the monitoring data or lack of monitoring data result in
any one of the criteria specified in paragraphs (e)(4)(i) through
(e)(4)(iii) of this section being met. When multiple operating
parameters are monitored for the same control device and during the
same operating day more than one of these operating parameters meets an
excursion criterion specified in paragraphs (e)(4)(i) through
(e)(4)(iii) of this section, then a single excursion is determined to
have occurred for the control device for that operating day.
(i) An excursion occurs when the daily average value of a monitored
operating parameter is less than the minimum operating parameter limit
(or, if applicable, greater than the maximum operating parameter limit)
established for the operating parameter in accordance with the
requirements of paragraph (e)(3) of this section.
(ii) An excursion occurs when the period of control device
operation is 4 hours or greater in an operating day and the monitoring
data are insufficient to constitute a valid hour of data for at least
75 percent of the operating hours. Monitoring data are insufficient to
constitute a valid hour of data if measured values are unavailable for
any of the 15-minute periods within the hour.
(iii) An excursion occurs when the period of control device
operation is less than 4 hours in an operating day and more than 1 of
the hours during the period does not constitute a valid hour of data
due to insufficient monitoring data. Monitoring data are insufficient
to constitute a valid hour of data if measured values are unavailable
for any of the 15-minute periods within the hour.
[[Page 38981]]
(5) For each excursion, except as provided for in paragraph(e)(6)
of this section, the owner or operator shall be deemed to have failed
to have applied control in a manner that achieves the required
operating parameter limits. Failure to achieve the required operating
parameter limits is a violation of this standard.
(6) An excursion is not a violation of this standard under any one
of the conditions specified in paragraphs (e)(6)(i) and (e)(6)(ii) of
this section.
(i) An excursion is not a violation nor does it count toward the
number of excused excursions allowed under paragraph (e)(6)(ii) of this
section when the excursion occurs during any one of the following
periods:
(A) During a period of startup, shutdown, or malfunction when the
affected facility is operated during such period in accordance with the
facility's startup, shutdown, and malfunction plan; or
(B) During periods of non-operation of the unit or the process that
is vented to the control device (resulting in cessation of HAP
emissions to which the monitoring applies).
(ii) For each control device, one excused excursion is allowed per
semiannual period for any reason. The initial semiannual period is the
6-month reporting period addressed by the first semiannual report
submitted by the owner or operator in accordance with Sec. 63.697(b)(4)
of this subpart.
(7) Nothing in paragraphs (e)(1) through (e)(6) of this section
shall be construed to allow or excuse a monitoring parameter excursion
caused by any activity that violates other applicable provisions of
this subpart.
(f) Alternative inspection and monitoring interval. Following the
initial inspection and monitoring of a piece of air pollution control
equipment in accordance with the applicable provisions of this section,
subsequent inspection and monitoring of the equipment may be performed
at intervals longer than 1 year when an owner or operator determines
that performing the required inspection or monitoring procedures would
expose a worker to dangerous, hazardous, or otherwise unsafe conditions
and the owner or operator complies with the requirements specified in
paragraphs (f)(1) and (f)(2) of this section.
(1) The owner or operator must prepare and maintain at the plant
site written documentation identifying the specific air pollution
control equipment designated as ``unsafe to inspect and monitor.'' The
documentation must include for each piece of air pollution control
equipment designated as such a written explanation of the reasons why
the equipment is unsafe to inspect or monitor using the applicable
procedures under this section.
(2) The owner or operator must develop and implement a written plan
and schedule to inspect and monitor the air pollution control equipment
using the applicable procedures specified in this section during times
when a worker can safely access the air pollution control equipment.
The required inspections and monitoring must be performed as frequently
as practicable but do not need to be performed more frequently than the
periodic schedule that would be otherwise applicable to the air
pollution control equipment under the provisions of this section. A
copy of the written plan and schedule must be maintained at the plant
site.
16. Section 63.697 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 63.697 Reporting requirements.
(a) Each owner or operator of an affected source subject to this
subpart must comply with the notification requirements specified in
paragraph (a)(1) of this section and the reporting requirements
specified in paragraph (a)(2) of this section.
(1) The owner or operator of an affected source must submit notices
to the Administrator in accordance with the applicable notification
requirements in 40 CFR 63.9 as specified in Table 2 of this subpart.
For the purpose of this subpart, an owner or operator subject to the
initial notification requirements under 40 CFR 63.9(b)(2) must submit
the required notification on or before October 19, 1999.
(2) The owner or operator of an affected source must submit reports
to the Administrator in accordance with the applicable reporting
requirements in 40 CFR 63.10 as specified in Table 2 of this subpart.
(b) The owner or operator of a control device used to meet the
requirements of Sec. 63.693 of this subpart shall submit the following
notifications and reports to the Administrator:
(1) A Notification of Performance Tests specified in Sec. 63.7 and
Sec. 63.9(g) of this part,
(2) Performance test reports specified in Sec. 63.10(d)(2) of this
part, and
(3) Startup, shutdown, and malfunction reports specified in
Sec. 63.10(d)(5) of this part.
(i) If actions taken by an owner or operator during a startup,
shutdown, or malfunction of an affected source (including actions taken
to correct a malfunction) are not completely consistent with the
procedures specified in the source's startup, shutdown, and malfunction
plan specified in Sec. 63.6(e)(3) of this part, the owner or operator
shall state such information in the report. The startup, shutdown, or
malfunction report shall consist of a letter, containing the name,
title, and signature of the responsible official who is certifying its
accuracy, that shall be submitted to the Administrator, and
(ii) Separate startup, shutdown, or malfunction reports are not
required if the information is included in the summary report specified
in paragraph (b)(4) of this section.
(4) A summary report specified in Sec. 63.10(e)(3) of this part
shall be submitted on a semiannual basis (i.e., once every 6-month
period). The summary report must include a description of all
excursions as defined in Sec. 63.695(e) of this subpart that have
occurred during the 6-month reporting period. For each excursion caused
when the daily average value of a monitored operating parameter is less
than the minimum operating parameter limit (or, if applicable, greater
than the maximum operating parameter limit), the report must include
the daily average values of the monitored parameter, the applicable
operating parameter limit, and the date and duration of the period that
the exceedance occurred. For each excursion caused by lack of
monitoring data, the report must include the date and duration of
period when the monitoring data were not collected and the reason why
the data were not collected.
* * * * *
17. Table 1 in Subpart DD is revised to read as follows:
Table 1 to Subpart DD--List of Hazardous Air Pollutants (HAP) for
Subpart DD
------------------------------------------------------------------------
CAS No.a Chemical name fm 305
------------------------------------------------------------------------
75-07-0..................... Acetaldehyde.................. 1.000
75-05-8..................... Acetonitrile.................. 0.989
98-86-2..................... Acetophenone.................. 0.314
[[Page 38982]]
107-02-8.................... Acrolein...................... 1.000
107-13-1.................... Acrylonitrile................. 0.999
107-05-1.................... Allyl chloride................ 1.000
71-43-2..................... Benzene (includes benzene in 1.000
gasoline).
98-07-7..................... Benzotrichloride (isomers and 0.958
mixture).
100-44-7.................... Benzyl chloride............... 1.000
92-52-4..................... Biphenyl...................... 0.864
542-88-1.................... Bis(chloromethyl)ether b...... 0.999
75-25-2..................... Bromoform..................... 0.998
106-99-0.................... 1,3-Butadiene................. 1.000
75-15-0..................... Carbon disulfide.............. 1.000
56-23-5..................... Carbon tetrachloride.......... 1.000
43-58-1..................... Carbonyl sulfide.............. 1.000
133-90-4.................... Chloramben.................... 0.633
108-90-7.................... Chlorobenzene................. 1.000
67-66-3..................... Chloroform.................... 1.000
107-30-2.................... Chloromethyl methyl ether b... 1.000
126-99-8.................... Chloroprene................... 1.000
98-82-8..................... Cumene........................ 1.000
94-75-7..................... 2,4-D, salts and esters....... 0.167
334-88-3.................... Diazomethane c................ 0.999
132-64-9.................... Dibenzofurans................. 0.967
96-12-8..................... 1,2-Dibromo-3-chloropropane... 1.000
106-46-7.................... 1,4-Dichlorobenzene(p)........ 1.000
107-06-2.................... Dichloroethane (Ethylene 1.000
dichloride).
111-44-4.................... Dichloroethyl ether (Bis(2- 0.757
chloroethyl ether).
542-75-6.................... 1,3-Dichloropropene........... 1.000
79-44-7..................... Dimethyl carbamoyl chloridec.. 0.150
64-67-5..................... Diethyl sulfate............... 0.0025
77-78-1..................... Dimethyl sulfate.............. 0.086
121-69-7.................... N,N-Dimethylaniline........... 0.0008
51-28-5..................... 2,4-Dinitrophenol............. 0.0077
121-14-2.................... 2,4-Dinitrotoluene............ 0.0848
123-91-1.................... 1,4-Dioxane (1,4- 0.869
Diethyleneoxide).
106-89-8.................... Epichlorohydrin (1-Chloro-2,3- 0.939
epoxypropane).
106-88-7.................... 1,2-Epoxybutane............... 1.000
140-88-5.................... Ethyl acrylate................ 1.000
100-41-4.................... Ethyl benzene................. 1.000
75-00-3..................... Ethyl chloride (Chloroethane). 1.000
106-93-4.................... Ethylene dibromide 0.999
(Dibromoethane).
107-06-2.................... Ethylene dichloride (1,2- 1.000
Dichloroethane).
151-56-4.................... Ethylene imine (Aziridine).... 0.867
75-21-8..................... Ethylene oxide................ 1.000
75-34-3..................... Ethylidene dichloride (1,1- 1.000
Dichloroethane).
Glycol ethers d that have a (e)
Henry's Law constant value
equal to or greater than 0.1
Y/X (1.8 x 10-6 atm/gm-mole/
m3) at 25 deg.C.
118-74-1.................... Hexachlorobenzene............. 0.97
87-68-3..................... Hexachlorobutadiene........... 0.88
67-72-1..................... Hexachloroethane.............. 0.499
110-54-3.................... Hexane........................ 1.000
78-59-1..................... Isophorone.................... 0.506
58-89-9..................... Lindane (all isomers)......... 1.000
67-56-1..................... Methanol...................... 0.855
74-83-9..................... Methyl bromide (Bromomethane). 1.000
74-87-3..................... Methyl chloride (Choromethane) 1.000
71-55-6..................... Methyl chloroform (1,1,1- 1.000
Trichloroethane).
78-93-3..................... Methyl ethyl ketone (2- 0.990
Butanone).
74-88-4..................... Methyl iodide (Iodomethane)... 1.0001
108-10-1.................... Methyl isobutyl ketone 0.9796
(Hexone).
624-83-9.................... Methyl isocyanate............. 1.000
80-62-6..................... Methyl methacrylate........... 0.916
1634-04-4................... Methyl tert butyl ether....... 1.000
75-09-2..................... Methylene chloride 1.000
(Dichloromethane).
91-20-3..................... Naphthalene................... 0.994
98-95-3..................... Nitrobenzene.................. 0.394
79-46-9..................... 2-Nitropropane................ 0.989
82-68-8..................... Pentachloronitrobenzene 0.839
(Quintobenzene).
87-86-5..................... Pentachlorophenol............. 0.0898
75-44-5..................... Phosgenec..................... 1.000
123-38-6.................... Propionaldehyde............... 0.999
78-87-5..................... Propylene dichloride (1,2- 1.000
Dichloropropane).
75-56-9..................... Propylene oxide............... 1.000
[[Page 38983]]
75-55-8..................... 1,2-Propylenimine (2-Methyl 0.945
aziridine).
100-42-5.................... Styrene....................... 1.000
96-09-3..................... Styrene oxide................. 0.830
79-34-5..................... 1,1,2,2-Tetrachloroethane..... 0.999
127-18-4.................... Tetrachloroethylene 1.000
(Perchloroethylene).
108-88-3.................... Toluene....................... 1.000
95-53-4..................... o-Toluidine................... 0.152
120-82-1.................... 1,2,4-Trichlorobenzene........ 1.000
71-55-6..................... 1,1,1-Trichloroethane (Methyl 1.000
chlorform).
79-00-5..................... 1,1,2-Trichloroethane (Vinyl 1.000
trichloride).
79-01-6..................... Trichloroethylene............. 1.000
95-95-4..................... 2,4,5-Trichlorophenol......... 0.108
88-06-2..................... 2,4,6-Trichlorophenol......... 0.132
121-44-8.................... Triethylamine................. 1.000
540-84-1.................... 2,2,4-Trimethylpentane........ 1.000
108-05-4.................... Vinyl acetate................. 1.000
593-60-2.................... Vinyl bromide................. 1.000
75-01-4..................... Vinyl chloride................ 1.000
75-35-4..................... Vinylidene chloride (1,1- 1.000
Dichloroethylene).
1330-20-7................... Xylenes (isomers and mixture). 1.000
95-47-6..................... o-Xylenes..................... 1.000
108-38-3.................... m-Xylenes..................... 1.000
106-42-3.................... p-Xylenes..................... 1.000
------------------------------------------------------------------------
Notes:
fm 305 = Method 305 fraction measure factor.
a. CAS numbers refer to the Chemical Abstracts Services registry number
assigned to specific compounds, isomers, or mixtures of compounds.
b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis
products are also HAP chemicals.
c. Denotes a HAP that may react violently with water, exercise caustic
is an expected analyte.
d. Denotes a HAP that hydrolyzes slowly in water.
e. The fm305 factors for some of the more common glycol ethers can be
obtained by contacting the Waste and Chemical Processes Group, Office
of Air Quality Planning and Standards, Research Triangle Park, NC
27711.
18. Table 2 in Subpart DD is revised to read as follows:
Table 2 to Subpart DD--Applicability of Paragraphs in Subpart A of This
Part 63--General Provisions to Subpart DD
------------------------------------------------------------------------
Applies to
Subpart A reference Subpart DD Explanation
------------------------------------------------------------------------
63.1(a)(1).................... Yes .....................
63.1(a)(2).................... Yes .....................
63.1(a)(3).................... Yes .....................
63.1(a)(4).................... No Subpart DD (this
table) specifies
applicability of
each paragraph in
subpart A to subpart
DD.
63.1(a)(5)-63.1(a)(9)......... No .....................
63.1(a)(10)................... Yes .....................
63.1(a)(11)................... Yes .....................
63.1(a)(12)................... Yes .....................
63.1(a)(13)................... Yes .....................
63.1(a)(14)................... Yes .....................
63.1(b)(1).................... No Subpart DD specifies
its own
applicability.
63.1(b)(2).................... Yes .....................
63.1(b)(3).................... No .....................
63.1(c)(1).................... No Subpart DD explicitly
specifies
requirements that
apply.
63.1(c)(2).................... No Area sources are not
subject to subpart
DD.
63.1(c)(3).................... No .....................
63.1(c)(4).................... Yes .....................
63.1(c)(5).................... Yes Except that sources
are not required to
submit notifications
overridden by this
table.
63.1(d)....................... No .....................
63.1(e)....................... No .....................
63.2.......................... Yes Sec. 63.681 of
subpart DD specifies
that if the same
term is defined in
subparts A and DD,
it shall have the
meaning given in
subpart DD.
63.3.......................... Yes .....................
63.4(a)(1)-63.4(a)(3)......... Yes
63.4(a)(4).................... No............... Reserved.
63.4(a)(5).................... Yes
63.4(b)....................... Yes
[[Page 38984]]
63.4(c)....................... Yes
63.5(a)(1).................... Yes Except replace term
``source'' and
``stationary
source'' in Sec.
63.5(a)(1) of
subpart A with
``affected source.''
63.5(a)(2).................... Yes
63.5(b)(1).................... Yes
63.5(b)(2).................... No Reserved.
63.5(b)(3).................... Yes
63.5(b)(4).................... Yes Except the cross-
reference to Sec.
63.9(b) is changed
to Sec. 63.9(b)(4)
and (5). Subpart DD
overrides Sec.
63.9(b)(2) and
(b)(3).
63.5(b)(5).................... Yes
63.5(b)(6).................... Yes
63.5(c)....................... No Reserved.
63.5(d)(1)(i)................. Yes
63.5(d)(1)(ii)................ Yes
63.5(d)(1)(iii)............... Yes
63.5(d)(2).................... No
63.5(d)(3).................... Yes
63.5(d)(4).................... Yes
63.5(e)....................... Yes
63.5(f)(1).................... Yes
63.5(f)(2).................... Yes
63.6(a)....................... Yes
63.6(b)(1).................... No Subpart DD specifies
compliance dates for
sources subject to
subpart DD.
63.6(b)(2).................... No
63.6(b)(3).................... Yes
63.6(b)(4).................... No May apply when
standards are
proposed under
section 112(f) of
the Clean Air Act.
63.6(b)(5).................... No............... Sec. 63.697 of
subpart DD includes
notification
requirements.
63.6(b)(6).................... No
63.6(b)(7).................... No
63.6(c)(1).................... No Sec. 63.680 of
subpart DD specifies
the compliance date.
63.6(c)(2)-63.6(c)(4)......... No
63.6(c)(5).................... Yes
63.6(d)....................... No
63.6(e)....................... Yes
63.6(f)(1).................... Yes
63.6(f)(2)(i)................. Yes
63.6(f)(2)(ii)................ Yes Subpart DD specifies
the use of
monitoring data in
determining
compliance with
subpart DD.
63.6(f)(2)(iii) (A), (B), and Yes
(C).
63.6(f)(2)(iii) (D)........... No
63.6(f)(2)(iv)................ Yes
63.6(f)(2)(v)................. Yes
63.6(f)(3).................... Yes
63.6(g)....................... Yes
63.6(h)....................... No Subpart DD does not
require opacity and
visible emission
standards.
63.6(i)....................... Yes Except for Sec.
63.6(i)(15), which
is reserved.
63.6(j)....................... Yes
63.7(a)(1).................... No Subpart DD specifies
required testing and
compliance
demonstration
procedures.
63.7(a)(2).................... Yes
63.7(a)(3).................... Yes
63.7(b)....................... No
63.7(c)....................... No
63.7(d)....................... Yes
63.7(e)(1).................... Yes
63.7(e)(2).................... Yes
63.7(e)(3).................... No Subpart DD specifies
test methods and
procedures.
63.7(e)(4).................... Yes
63.7(f)....................... No Subpart DD specifies
applicable methods
and provides
alternatives.
63.7(g)....................... Yes
63.7(h)(1).................... Yes
63.7(h)(2).................... Yes
63.7(h)(3).................... Yes
63.7(h)(4).................... No
63.7(h)(5).................... Yes
63.8(a)....................... No
63.8(b)(1).................... Yes
63.8(b)(2).................... No Subpart DD specifies
locations to conduct
monitoring.
63.8(b)(3).................... Yes
[[Page 38985]]
63.8(c)(1)(i)................. Yes
63.8(c)(1)(ii)................ Yes
63.8(c)(1)(iii)............... Yes
63.8(c)(2).................... Yes
63.8(c)(3).................... Yes
63.8(c)(4).................... No Subpart DD specifies
monitoring frequency
63.8(c)(5)-63.8(c)(8)......... No
63.8(d)....................... No
63.8(e)....................... No
63.8(f)(1).................... Yes
63.8(f)(2).................... Yes
63.8(f)(3).................... Yes
63.8(f)(4)(i)................. Yes
63.8(f)(4)(ii)................ Yes
63.8(f)(4)(iii)............... No
63.8(f)(5)(i)................. Yes
63.8(f)(5)(ii)................ No
63.8(f)(5)(iii)............... Yes
63.8(f)(6).................... Yes
63.8(g)....................... Yes
63.9(a)....................... Yes
63.9(b)(1)(i)................. Yes
63.9(b)(1)(ii)................ No
63.9(b)(2).................... Yes
63.9(b)(3).................... No
63.9(b)(4).................... Yes
63.9(b)(5).................... Yes
63.9(c)....................... Yes
63.9(d)....................... Yes
63.9(e)....................... No
63.9(f)....................... No
63.9(g)....................... No
63.9(h)....................... Yes
63.9(i)....................... Yes
63.9(j)....................... No
63.10(a)...................... Yes
63.10(b)(1)................... Yes
63.10(b)(2)(i)................ Yes
63.10(b)(2)(ii)............... Yes
63.10(b)(2)(iii).............. No
63.10(b)(2)(iv)............... Yes
63.10(b)(2)(v)................ Yes
63.10(b)(2)(vi)-(ix).......... Yes
63.10(b)(2)(x)................ Yes
63.10(b)(2) (xii)-(xiv)....... No
63.10(b)(3)................... Yes
63.10(c)...................... No
63.10(d)(1)................... No
63.10(d)(2)................... Yes
63.10(d)(3)................... No
63.10(d)(4)................... Yes
63.10(d)(5)(i)................ Yes
63.10(d)(5)(ii)............... Yes
63.10(e)...................... No
63.10(f)...................... Yes
63.11-63.15................... Yes
------------------------------------------------------------------------
a Wherever subpart A specifies ``postmark'' dates, submittals may be
sent by methods other than the U.S. Mail (e.g., by fax or courier).
Submittals shall be sent by the specified dates, but a postmark is not
required.
Subpart OO--National Emission Standards for Tanks--Level 1
19. Section 63.901 is amended by revising the definition of
``Safety device'' to read as follows:
Sec. 63.901 Definitions.
* * * * *
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace
in response to normal daily diurnal
[[Page 38986]]
ambient temperature fluctuations. A safety device is designed to remain
in a closed position during normal operations and open only when the
internal pressure, or another relevant parameter, exceeds the device
threshold setting applicable to the equipment as determined by the
owner or operator based on manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering
codes and practices, or other requirements for the safe handling of
flammable, combustible, explosive, reactive, or hazardous materials.
* * * * *
20. Section 63.902 is amended by revising paragraphs (a) and (b)(3)
introductory text to read as follows:
Sec. 63.902 Standards--Tank fixed roof.
(a) This section applies to owners and operators subject to this
subpart and controlling air emissions from a tank using a fixed roof.
This section does not apply to a fixed-roof tank that is also equipped
with an internal floating roof.
(b) * * *
(3) Each opening in the fixed roof, and any manifold system
associated with the fixed roof, shall be either:
* * * * *
21. Section 63.905 is revised to read as follows:
Sec. 63.905 Test methods and procedures.
(a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than 10,000 ppmv.
(6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level
value must be determined according to the procedures in Method 21 of 40
CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this
section.
(i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level,
then the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (a)(9) of this
section.
(ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (a)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (a)(9) of this section.
(9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
(i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (a)(8) is less than
500 ppmv.
(ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no
detectable organic emissions if the organic concentration value
determined in paragraph (a)(8) is less than 10,000 ppmv.
(b) [Reserved]
22. Section 63.906 is amended by revising paragraphs (a)(2) and
(b)(2), and adding paragraph (d) to read as follows:
Sec. 63.906 Inspection and monitoring requirements.
(a) * * *
(2) The owner or operator must perform an initial inspection
following installation of the fixed roof. Thereafter, the owner or
operator must perform the inspections at least once every calendar year
except as provided for in paragraph (d) of this section.
* * * * *
(b) * * *
(2) Repair of a defect may be delayed beyond 45 calendar days if
the owner or operator determines that repair of the defect requires
emptying or temporary removal from service of the tank and no
alternative tank capacity is available at the site to accept the
regulated material normally managed in the tank. In this case, the
owner or operator shall repair the defect the next time alternative
tank capacity becomes available and the tank can be emptied or
temporarily removed from service, as necessary to complete the repair.
* * * * *
(d) Alternative inspection and monitoring interval. Following the
initial inspection and monitoring of a fixed roof in accordance with
this section, subsequent inspection and monitoring of the equipment may
be performed at intervals longer than 1 year when an owner or operator
determines that performing the required inspection or monitoring
procedures would expose a worker to dangerous,
[[Page 38987]]
hazardous, or otherwise unsafe conditions and the owner or operator
complies with the requirements specified in paragraphs (d)(1) and
(d)(2) of this section.
(1) The owner or operator must prepare and maintain at the plant
site written documentation identifying the specific air pollution
control equipment designated as ``unsafe to inspect and monitor.'' The
documentation must include for each piece of air pollution control
equipment designated as such a written explanation of the reasons why
the equipment is unsafe to inspect or monitor using the applicable
procedures under this section.
(2) The owner or operator must develop and implement a written plan
and schedule to inspect and monitor the air pollution control equipment
using the applicable procedures specified in this section during times
when a worker can safely access the air pollution control equipment.
The required inspections and monitoring must be performed as frequently
as practicable but do not need to be performed more frequently than the
periodic schedule that would be otherwise applicable to the air
pollution control equipment under the provisions of this section. A
copy of the written plan and schedule must be maintained at the plant
site.
Subpart PP--National Emission Standards for Containers
23. Section 63.921 is amended by revising the definitions of
``Empty container'' and ``Safety device'' to read as follows:
Sec. 63.921 Definitions.
* * * * *
Empty container means a container for which either of the following
conditions exists: the container meets the conditions for an empty
container specified in 40 CFR 261.7(b); or all regulated-material has
been removed from the container except for any regulated-material that
remains on the interior surfaces of the container as clingage or in
pools on the container bottom due to irregularities in the container.
* * * * *
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace
in response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another
relevant parameter, exceeds the device threshold setting applicable to
the equipment as determined by the owner or operator based on
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or
other requirements for the safe handling of flammable, combustible,
explosive, reactive, or hazardous materials.
24. Section 63.925 is amended by revising paragraph (a) to read as
follows:
Sec. 63.925 Test methods and procedures.
(a) Procedures for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than 10,000 ppmv.
(6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level
value must be determined according to the procedures in Method 21 of 40
CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this
section.
(i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level,
then the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (a)(9) of this
section.
(ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (a)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (a)(9) of this section.
(9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
[[Page 38988]]
(i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (a)(8) is less than
500 ppmv.
(ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no
detectable organic emissions if the organic concentration value
determined in paragraph (a)(8) is less than 10,000 ppmv.
* * * * *
25. Section 63.926 is amended by revising paragraph (a) to read as
follows:
Sec. 63.926 Inspection and monitoring requirements.
(a) Owners and operators of containers using either Container Level
1 or Container Level 2 controls in accordance with the provisions of
Sec. 63.922 and Sec. 63.923 of this subpart, respectively, shall
inspect the container and its cover and closure devices as follows:
(1) In the case when a regulated-material already is in the
container at the time the owner or operator first accepts possession of
the container at the facility site and the container is not emptied
(i.e., does not meet the conditions for an empty container as defined
in Sec. 63.921 of this subpart) within 24 hours after the container has
been accepted at the facility site, the container and its cover and
closure devices shall be visually inspected by the owner or operator to
check for visible cracks, holes, gaps, or other open spaces into the
interior of the container when the cover and closure devices are
secured in the closed position. This inspection of the container must
be conducted on or before the date that the container is accepted at
the facility (i.e., the date that the container becomes subject to the
standards under this subpart). For the purpose of this requirement, the
date of acceptance is the date of signature of the facility owner or
operator on the manifest or shipping papers accompanying the container.
If a defect is detected, the owner or operator shall repair the defect
in accordance with the requirements of paragraph (a)(3) of this
section.
(2) In the case when a container filled or partially filled with
regulated-material remains unopened at the facility site for a period
of 1 year or more, the container and its cover and closure devices
shall be visually inspected by the owner or operator initially and
thereafter, at least once every calendar year, to check for visible
cracks, holes, gaps, or other open spaces into the interior of the
container when the cover and closure devices are secured in the closed
position. If a defect is detected, the owner or operator shall repair
the defect in accordance with the requirements of paragraph (a)(3) of
this section.
(3) When a defect is detected for the container, cover, or closure
devices, the owner or operator must either empty the regulated-material
from the defective container in accordance with paragraph (a)(3)(i) of
this section or repair the defective container in accordance with
paragraph (a)(3)(ii) of this section.
(i) If the owner or operator elects to empty the regulated-material
from the defective container, the owner or operator must remove the
regulated-material from the defective container to meet the conditions
for an empty container (as defined in Sec. 63.921 of this subpart) and
transfer the removed regulated-material to either a container that
meets the applicable standards under this subpart or to a tank,
process, or treatment unit that meets the applicable standards under
the subpart referencing this subpart. Transfer of the regulated-
material must be completed no later than 5 calendar days after
detection of the defect. The emptied defective container must be either
repaired, destroyed, or used for purposes other than management of
regulated-material.
(ii) If the owner or operator elects not to empty the regulated-
material from the defective container, the owner or operator must
repair the defective container. First efforts at repair of the defect
must be made no later than 24 hours after detection and repair must be
completed as soon as possible but no later than 5 calendar days after
detection. If repair of a defect cannot be completed within 5 calendar
days, then the regulated-material must be emptied from the container
and the container must not be used to manage regulated-material until
the defect is repaired.
* * * * *
Subpart QQ--National Emission Standards for Surface Impoundments
26. Section 63.941 is amended by revising the definitions of
``Cover'' and ``Safety device'' to read as follows:
Sec. 63.941 Definitions.
* * * * *
Cover means a device or system that provides a continuous barrier
over the material managed in a surface impoundment to prevent or reduce
air pollutant emissions to the atmosphere. A cover may have openings
needed for operation, inspection, sampling, maintenance, and repair of
the surface impoundment provided that each opening is closed when not
in use (e.g., access hatches, sampling ports). Examples of a cover for
a surface impoundment include, but are not limited to, a floating
membrane cover placed on the surface of the material in the surface
impoundment or an air-supported structure installed over the surface
impoundment.
* * * * *
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace
in response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another
relevant parameter, exceeds the device threshold setting applicable to
the equipment as determined by the owner or operator based on
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or
other requirements for the safe handling of flammable, combustible,
explosive, reactive, or hazardous materials.
* * * * *
27. Section 63.945 is revised to read as follows:
Sec. 63.945 Test methods and procedures.
(a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the
[[Page 38989]]
sealing seat interface on a spring-loaded pressure-relief valve.
(2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than 10,000 ppmv.
(6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level
value must be determined according to the procedures in Method 21 of 40
CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this
section.
(i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level,
then the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (a)(9) of this
section.
(ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (a)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (a)(9) of this section.
(9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
(i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (a)(8) is less than
500 ppmv.
(ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no
detectable organic emissions if the organic concentration value
determined in paragraph (a)(8) is less than 10,000 ppmv.
(b) [Reserved]
28. Section 63.946 is amended by adding paragraph (d) and by
revising paragraphs (a)(2) and (b)(1)(ii) to read as follows:
Sec. 63.946 Inspection and monitoring requirements.
(a) * * *
(2) The owner or operator must perform an initial inspection
following installation of the floating membrane cover. Thereafter, the
owner or operator must perform the inspections at least once per
calendar year except as provided for in paragraph (d) of this section.
* * * * *
(b) * * *
(1) * * *
(ii) The owner or operator must perform an initial inspection
following installation of the cover. Thereafter, the owner or operator
must perform the inspections at least once per calendar year except as
provide for in paragraph (d) of this section.
* * * * *
(d) Alternative inspection and monitoring interval. Following the
initial inspection and monitoring of a piece of air pollution control
equipment in accordance with the applicable provisions of this section,
subsequent inspection and monitoring of the equipment may be performed
at intervals longer than 1 year when an owner or operator determines
that performing the required inspection or monitoring procedures would
expose a worker to dangerous, hazardous, or otherwise unsafe conditions
and the owner or operator complies with the requirements specified in
paragraphs (d)(1) and (d)(2) of this section.
(1) The owner or operator must prepare and maintain at the plant
site written documentation identifying the specific air pollution
control equipment designated as ``unsafe to inspect and monitor.'' The
documentation must include for each piece of air pollution control
equipment designated as such a written explanation of the reasons why
the equipment is unsafe to inspect or monitor using the applicable
procedures under this section.
(2) The owner or operator must develop and implement a written plan
and schedule to inspect and monitor the air pollution control equipment
using the applicable procedures specified in this section during times
when a worker can safely access the air pollution control equipment.
The required inspections and monitoring must be performed as frequently
as practicable but do not need to be performed more frequently than the
periodic schedule that would be otherwise applicable to the air
pollution control equipment under the provisions of this section. A
copy of the written plan and schedule must be maintained at the plant
site.
Subpart RR--National Emission Standards for Individual Drain
Systems
29. Section 63.961 is amended by adding in alphabetical order the
definition of ``Regulated-material'' and by revising the definitions of
``Individual drain system,'' ``Sewer line'' and ``Waste management
unit'' to read as follows:
Sec. 63.961 Definitions.
* * * * *
Individual drain system means a stationary system used to convey
regulated-material to a waste management unit or to discharge or
disposal. The term includes hard-piping, all drains and junction boxes,
together with their associated sewer lines and other junction boxes
(e.g., manholes, sumps, and lift stations)
[[Page 38990]]
conveying regulated-material. For the purpose of this subpart, an
individual drain system is not a drain and collection system that is
designed and operated for the sole purpose of collecting rainfall
runoff (e.g., stormwater sewer system) and is segregated from all other
individual drain systems.
* * * * *
Regulated-material means the wastewater streams, residuals, and any
other materials specified by the referencing subpart to be managed in
accordance with the standards under this subpart.
Sewer line means a lateral, trunk line, branch line, or other
conduit used to convey regulated-material to a downstream waste
management unit. Sewer lines include pipes, grates, and trenches.
Waste management unit means the equipment, structure, or device
used to convey, store, treat, or dispose of regulated-material.
Examples of waste management units include: wastewater tanks, surface
impoundments, individual drain systems, and biological wastewater
treatment units. Examples of equipment that may be waste management
units include containers, air flotation units, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units.
* * * * *
30. Section 63.962 is amended by revising paragraph (b) to read as
follows:
Sec. 63.962 Standards.
* * * * *
(b) Owners and operators controlling air emissions from an
individual drain system in accordance with paragraph (a)(1) of this
section shall meet the following requirements:
(1) The individual drain system shall be designed to segregate the
organic vapors from regulated material managed in the controlled
individual drain system from entering any other individual drain system
that is not controlled for air emissions in accordance with the
standards specified in this subpart.
(2) Drain control requirements. Each drain shall be equipped with
either a water seal or a closure device in accordance with the
following requirements:
(i) When a water seal is used, the water seal shall be designed
such that either:
(A) The outlet to the pipe discharging the regulated-material
extends below the liquid surface in the water seal of the drain; or
(B) A flexible shield or other device is installed which restricts
wind motion across the open space between the outlet of the pipe
discharging the regulated material and the drain.
(ii) When a closure device is used (e.g., securing a cap or plug on
a drain that is not receiving regulated-material), the closure device
shall be designed to operate such that when the closure device is
secured in the closed position there are no visible cracks, holes,
gaps, or other open spaces in the closure device or between the
perimeter of the drain opening and the closure device.
(3) Junction box control requirements. Each junction box shall be
equipped with controls as follows:
(i) The junction box shall be equipped with a closure device (e.g.,
manhole cover, access hatch) that is designed to operate such that when
the closure device is secured in the closed position there are no
visible cracks, holes, gaps, or other open spaces in the closure device
or between the perimeter of the junction box opening and the closure
device.
(ii) If the junction box is vented, the junction box shall be
vented in accordance with the following requirements:
(A) The junction box shall be vented through a closed vent system
to a control device except as provided for in paragraph (b)(3)(ii)(B)
of this section. The closed vent system and control device shall be
designed and operated in accordance in accordance with the standards
specified in Sec. 63.693 in subpart DD--National Emission Standards for
Hazardous Air Pollutant Standards from Off-Site Waste and Recovery
Operations.
(B) As an alternative to paragraph (b)(3)(ii)(A) of this section,
the owner or operator may vent the junction box directly to the
atmosphere when all of the following conditions are met:
(1) The junction box is filled and emptied by gravity flow (i.e.,
there is no pump) or is operated with no more than slight fluctuations
in the liquid level. Large changes in the size of the junction box
vapor headspace created by using a pump to repeatedly empty and then
refill the junction box do not meet this condition.
(2) The vent pipe installed on the junction box shall be at least
90 centimeters in length and no greater than 10 centimeters in nominal
inside diameter.
(3) Water seals are installed at the liquid entrance(s) to or exit
from the junction box to restrict ventilation in the individual drain
system and between components in the individual drain system. The owner
or operator shall demonstrate (e.g., by visual inspection or smoke
test) upon request by the Administrator that the junction box water
seal is properly designed and restricts ventilation.
(4) Sewer line control requirements. Each sewer line shall not be
open to the atmosphere and shall be covered or closed in a manner such
that there are no visible cracks, holes, gaps, or other open spaces in
the sewer line joints, seals, or other emission interfaces.
(5) Operating requirements. The owner or operator shall operate the
air emission controls required by paragraphs (b)(2) through (b)(4) of
this section in accordance with the following requirements:
(i) Each closure device shall be maintained in a closed position
whenever regulated-material is in the individual drain system except
when it is necessary to remove or open the closure device for sampling
or removing material in the individual drain system, or for equipment
inspection, maintenance, or repair.
(ii) Each drain equipped with a water seal and open to the
atmosphere shall be operated to ensure that the liquid in the water
seal is maintained at the appropriate level. Examples of acceptable
means for complying with this provision include but are not limited to
using a flow-monitoring device indicating positive flow from a main to
a branch water line supplying a trap; continuously dripping water into
the trap using a hose; or regular visual observations.
(iii) Each closed-vent system and the control device used to comply
with paragraph (b)(3)(ii)(A) of this section shall be operated in
accordance with the standards specified in 40 CFR 63.693.
31. Section 63.964 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 63.964 Inspection and monitoring requirements.
* * * * *
(b) * * *
(2) Repair of a defect may be delayed beyond 15 calendar days if
the owner or operator determines that repair of the defect requires
emptying or temporary removal from service of the individual drain
system and no alternative capacity is available at the facility site to
accept the regulated-material normally managed in the individual drain
system. In this case, the owner or operator shall repair the defect the
next time the process or unit that is generating the regulated-material
managed in the individual drain system stops operation. Repair of the
defect shall be completed
[[Page 38991]]
before the process or unit resumes operation.
* * * * *
32. Section 63.965 is amended by revising paragraph (b) to read as
follows:
Sec. 63.965 Recordkeeping requirements.
* * * * *
(b) Owners and operators that use a closed-vent system and a
control device in accordance with the provisions of Sec. 63.962 of this
subpart shall prepare and maintain the records required for the closed-
vent system and control device in accordance with the requirements of
Sec. 63.693 in subpart DD--National Emission Standards for Hazardous
Air Pollutant Standards from Off-Site Waste and Recovery Operations.
33. Section 63.966 is revised to read as follows:
Sec. 63.966 Reporting requirements.
Owners and operators that use a closed-vent system and a control
device in accordance with the provisions of Sec. 63.962 of this subpart
shall prepare and submit to the Administrator the reports required for
closed-vent systems and control devices in accordance with the
requirements of Sec. 63.693 in subpart DD--National Emission Standards
for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery
Operations.
Subpart VV--National Emission Standards for Oil-Water Separators
and Organic-Water Separators
34. Section 63.1041 is amended by revising the definition of
``Safety device'' to read as follows:
Sec. 63.1041 Definitions.
* * * * *
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace
in response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another
relevant parameter, exceeds the device threshold setting applicable to
the equipment as determined by the owner or operator based on
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or
other requirements for the safe handling of flammable, combustible,
explosive, reactive, or hazardous materials.
* * * * *
35. Section 63.1045 is added to read as follows:
Sec. 63.1045 Standards--Pressurized separator.
(a) This section applies to owners and operators controlling air
emissions from an oil-water or organic-water separator that is
pressurized and is operated as a closed-system.
(b) The pressurized separator must meet the following requirements.
(1) The separator must be designed not to vent to the atmosphere as
a result of compression of the vapor headspace in the separator during
operation of the separator at its design capacity.
(2) All separator openings must be equipped with closure devices
designed to operate with no detectable organic emissions as determined
using the procedure specified in Sec. 63.1046(a) of this subpart.
(3) Whenever a regulated-material is in the separator, the
separator must be operated as a closed system that does not vent to the
atmosphere except under either of the following conditions as specified
in paragraph (b)(3)(i) or (b)(3)(ii) of this section.
(i) At those times when opening of a safety device, as defined in
Sec. 63.1041 of this subpart, is required to avoid an unsafe condition.
(ii) At those times when purging of inerts from the separator is
required and the purge stream is routed to a closed-vent system and
control device designed and operated in accordance with the applicable
requirements of Sec. 63.693 in subpart DD--National Emission Standards
for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery
Operations.
36. Section 63.1046 is amended by revising paragraphs (a) and
(b)(3) to read as follows:
Sec. 63.1046 Test methods and procedures.
(a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than 10,000 ppmv.
(6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level
value must be determined according to the procedures in Method 21 of 40
CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
[[Page 38992]]
(8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this
section.
(i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level,
then the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (a)(9) of this
section.
(ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (a)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (a)(9) of this section.
(9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
(i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (a)(8) is less than
500 ppmv.
(ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no
detectable organic emissions if the organic concentration value
determined in paragraph (a)(8) is less than 10,000 ppmv.
(b) * * *
(3) Seal gaps, if any, shall be measured around the entire
perimeter of the floating roof in each place where 0.32-centimeter (cm)
(\1/8\ inch) diameter uniform probe passes freely (without forcing or
binding against the seal) between the seal and the wall of the
separator and measure the circumferential distance of each such
location.
* * * * *
37. Section 63.1047 is amended by adding paragraph (e) and by
revising paragraphs (a)(2) and (c)(1)(ii) to read as follows:
Sec. 63.1047 Inspection and monitoring requirements.
(a) * * *
(2) The owner or operator must perform an initial inspection
following installation of the fixed roof. Thereafter, the owner or
operator must perform the inspections at least once every calendar year
except as provided for in paragraph (e) of this section.
* * * * *
(c) * * *
(1) * * *
(ii) The owner or operator must perform an initial inspection
following installation of the fixed roof. Thereafter, the owner or
operator must perform the inspections at least once every calendar year
except as provided for in paragraph (e) of this section.
* * * * *
(e) Alternative inspection interval. Following the initial
inspection of a fixed roof in accordance with the applicable provisions
of this section, subsequent inspection of the fixed roof may be
performed at intervals longer than 1 year when an owner or operator
determines that performing the required inspection would expose a
worker to dangerous, hazardous, or otherwise unsafe conditions and the
owner or operator complies with the requirements specified in
paragraphs (e)(1) and (e)(2) of this section.
(1) The owner or operator must prepare and maintain at the plant
site written documentation identifying the specific fixed roof
designated as ``unsafe to inspect.'' The documentation must include for
each fixed roof designated as such a written explanation of the reasons
why the fixed roof is unsafe to inspect using the applicable procedures
under this section.
(2) The owner or operator must develop and implement a written plan
and schedule to inspect and monitor the fixed roof using the applicable
procedures specified in this section during times when a worker can
safely access the fixed roof. The required inspections and monitoring
must be performed as frequently as practicable but do not need to be
performed more frequently than the periodic schedule that would be
otherwise applicable to the fixed roof under the provisions of this
section. A copy of the written plan and schedule must be maintained at
the plant site.
[FR Doc. 99-17943 Filed 7-19-99; 8:45 am]
BILLING CODE 6560-50-P
