Comment submitted by Danny Henderson, Arch Chemicals, Incorporated

1) The regulation needs a definition of the term chemical manufacturing operation. This rule does not define the term and neither does the other referenced regulations such as subparts F,G,and FFFF. Does this include facilities that only blend HAP materials with no chemical reaction? Arch Chemicals has two facilities that receive HAP containing materials by rail car or tank truck and blend these materials to ship out in trucks, drums or 250 gallon plastic tote bins. Does this rule apply to those facilities? 2)The rule does not contain any de minimis quantity that would exempt a facility from the regulation. This means that any amount of HAP processed, used, produced, or generated would subject a facility to the rule. EPA should establish some quantity exemption so that very small facilities or very small usage would be exempt. Arch Chemicals suggests that EPA use the same criteria used to determine SARA 311/312 Tier 2 reporting thresholds. Facilities using or producing those amounts or greater would be subject to the rule and facilities using or producing less than those amounts would be exempt. 3) The requirement for equipment leaks requires that you perform quarterly leak inspections on all equipment in organic HAP service. The definition states that in organic HAP service means that a piece of equipment either contains or contacts a fluid that contains a HAP. MACT rules typically set a minimum concentration such as 10 % before it is regulated under the leak repair requirement. Arch Chemicals recommends that some minimum concentration limit be established. Otherwise, equipment containing trace quantities of a HAP material could be subject to the rule.