[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Rules and Regulations]
[Pages 26491-26506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10418]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 63
[AD-FRL-6585-5]
RIN 2060-AE86
National Emission Standards for Hazardous Air Pollutants for
Polyether Polyols Production; Synthetic Organic Chemical Manufacturing
Industry; Epoxy Resins Production and Non-Nylon Polyamides Production;
and Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule and final rule.
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SUMMARY: The EPA is taking direct final action to amend the national
emission standards for hazardous air pollutants (NESHAP) for Polyether
Polyols Production; Synthetic Organic Chemical Manufacturing Industry
(also known as Hazardous Organic NESHAP, or HON); Epoxy Resins
Production and Non-Nylon Polyamides Production; and Petroleum
Refineries. For all four of these NESHAP, this direct final rule amends
the definition of equipment leaks to add the term ``connectors'' to the
list of equipment that is subject to the equipment leak provisions in
those NESHAP.
The remainder of this direct final rule corrects referencing errors
and several equations which contained printing errors in the final
NESHAP for Polyether Polyols Production (hereafter referred to as
``subpart PPP''). This direct final rule amends the description of a
process change and the description of excess emissions; the
requirements pertaining to submission of a request for extension of a
compliance date; the storage vessel monitoring requirements; the
definition of the terms epoxide, polyether polyol, and Group 2
wastewater stream; the conditions required during performance testing
for batch process vents; which compounds are considered to be organic
hazardous air pollutants (HAPs) for the purposes of both the
maintenance wastewater and the process wastewater requirements; the
information requirements for start-up, shutdown, and malfunction
reports; the dates on which initial notifications are due; and the
reporting requirements for other reports to clarify those requirements.
In addition to the direct final rule, in compliance with the
Paperwork Reduction Act (PRA), EPA is amending as a final rule the
Office of Management and Budget (OMB) approval table to list the OMB
control number issued under the PRA for information collection
requirements for subpart PPP.
DATES: The amendments to 40 CFR part 9 are effective on May 8, 2000.
The direct final rule amendments to 40 CFR part 63 are effective on
July 7, 2000 without further notice, unless the EPA receives adverse
comments by June 7, 2000, or by June 22, 2000 if a public hearing is
requested. See the proposed rule in this issue of the Federal Register
for information on the hearing. If we receive such comments, and those
comments apply to an amendment, paragraph, or section of this rule, and
that provision may be addressed separately from the remainder of the
rule, we will withdraw only those provisions on which we received
adverse comments. We will publish a timely withdrawal in the Federal
Register indicating which provisions will become effective on July 7,
2000 and which provisions are being withdrawn.
ADDRESSES: Comments. Written comments should be submitted (in
duplicate, if possible) to: Air and Radiation Docket and Information
[[Page 26492]]
Center (6102), Attention Docket numbers A-90-20, A-92-37, A-93-48, and/
or A-96-38 (see docket section below), Room M-1500, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460. The EPA
requests that a separate copy also be sent to the contact person listed
below. Docket. Docket numbers A-90-20 and (the HON); A-92-37 (Epoxy
Resins Production and Non-Nylon Polyamides Production); A-93-48
(Petroleum Refineries); and A-96-38 (Polyether Polyols Production)
contain supporting information used in developing the standards. The
dockets are located at the U.S. Environmental Protection Agency, 401 M
Street SW, Washington, DC 20460, in room M-1500, Waterside Mall (ground
floor), and may be inspected from 8:30 a.m. to 5:30 p.m., Monday
through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Robert E. Rosensteel, Organic
Chemicals Group, Emission Standards Division (MD-13), Office of Air
Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC
27711, telephone number (919) 541-5608, electronic mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
Docket. The docket is an organized and complete file of all the
information considered by the EPA in the development of this
rulemaking. The docket is a dynamic file because material is added
throughout the rulemaking process. 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 will serve as the
record in the case of judicial review. (See section 307(d)(7)(A) of the
Clean Air Act (CAA).) An index for each docket, as well as individual
items contained within the dockets, may be obtained by calling (202)
260-7548 or (202) 260-7549. A reasonable fee may be charged for copying
docket materials. Docket indexes are also available by facsimile, as
described on the Office of Air and Radiation, Docket and Information
Center Website at http://www.epa.gov/airprogm/oar/docket/faxlist.html.
Comments. Comments and data may be submitted by electronic mail (e-
mail) to: [email protected]. Electronic comments must be submitted
as an ASCII file to avoid the use of special characters and encryption
problems and will also be accepted on disks in WordPerfect
version 5.1, 6.1 or Corel 8 file format. All comments and data
submitted in electronic form must note the docket numbers A-90-20, A-
92-37, A-93-48, and/or A-96-38. No confidential business information
(CBI) should be submitted by e-mail. Electronic comments may be filed
online at many Federal Depository Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Attention: Ms. Melva Toomer, U.S.
EPA, OAQPS Document Control Officer, 411 W. Chapel Hill Street, Room
944, Durham, NC 27711. The EPA will disclose information identified as
CBI only to the extent allowed by the procedures set forth in 40 CFR
part 2. If no claim of confidentiality accompanies a submission when it
is received by the EPA, the information may be made available to the
public without further notice to the commenter. World Wide Web. In
addition to being available in the docket, an electronic copy of this
action is also available through the World Wide Web (WWW). Following
signature, a copy of this action will be posted on the EPA's Technology
Transfer Network (TTN) policy and guidance page for newly proposed or
promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN at EPA's web
site provides information and technology exchange in various areas of
air pollution control. If more information regarding the TTN is needed,
call the TTN HELP line at (919) 541-5384.
Regulated Entities
Categories and entities potentially affected by this action
include:
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Standard Industrial Classification North American Industrial Classification Examples of regulated
Category (SIC) codes System (NAICS) codes entities
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Industry................................ 2865 and 2869........................... 325110, 325188, 325192, 325193, 325199, Synthetic organic chemical
and 325120. manufacturing industry
(SOCMI) units
(e.g.,producers of
benzene, toluene, or any
other chemical listed in
table 1 of 40 CFR part
63, subpart F).
Industry................................ 2821.................................... 325211.................................. Epoxy resins and non-nylon
polyamide resins.
Industry................................ 2911.................................... 324110.................................. Petroleum refineries.
Industry................................ 2843 and 2869........................... 325199 and 325613....................... Producers of polyether
polyols and polyether
monools.
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This table is not intended to be exhaustive, but rather provides a
guide for readers likely to be interested in the revisions to the
regulations affected by these rules. To determine whether your facility
is regulated by these rules, you should carefully examine all of the
applicability criteria in 40 CFR part 63, subparts F, W, CC, and PPP.
If you have any questions regarding the applicability of these
amendments to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of this direct final rule is available by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit by September 5, 2000. Under section 307(b)(2) of the CAA, the
requirements that are the subject of this direct final rule may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
Also under section 307(b)(1) of the CAA, judicial review of the
final rule amendment to part 9 in this action is available by filing a
petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by July 7, 2000. Under section 307(b)(2) of the CAA,
the requirements that are the subject of this final rule may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
[[Page 26493]]
I. Why Are We Publishing These Amendments as a Direct Final Rule?
In the direct final rule portion of this action, we are correcting
printing and referencing errors. We are also revising and slightly
reorganizing certain paragraphs, and we are making minor amendments to
certain definitions. These changes provide clarification on a variety
of provisions ranging from applicability to recordkeeping. In all
instances, we believe that these changes have the potential to reduce
the burden on both owners and operators of affected sources and on the
State or local agency implementing the rule, although we are unable to
quantify reductions in hours for these amendments. For these reasons,
we view these amendments as noncontroversial and anticipate no adverse
comments, and we are publishing these amendments in a direct final
rule.
If an adverse comment applies to an amendment, paragraph, or
section of this direct final rule, and that provision may be addressed
separately from the remainder of the rule, we will withdraw only those
provisions on which we received adverse comments. In the ``Proposed
Rules'' section of this Federal Register, we are publishing a separate
document that will serve as the proposal for any provisions in this
direct final rule on which we receive adverse comments. The EPA will
publish a timely withdrawal in the Federal Register indicating which
provisions will become effective and which provisions are being
withdrawn. If part or all of this direct final rule is withdrawn, all
public comments received will be addressed in a subsequent final rule
based on the proposal in the ``Proposed Rules'' section of this Federal
Register. We will not institute a second comment period on the
subsequent final rule. Any parties interested in commenting must do so
at this time. The nature of the changes contained in this direct final
rule are such that it will benefit both industry and the States for
these changes to become effective sooner, rather than later, as will be
described in more detail below.
II. What Amendments Are We Making To Reflect OMB Approval of the
Information Collection Request (ICR) for the NESHAP for Polyether
Polyols Production?
This final rule amends the table of currently approved Information
Collection Request (ICR) control numbers issued by OMB. This final rule
updates the table to list those information requirements promulgated
under the NESHAP for Polyether Polyols Production, which appeared in
the Federal Register on June 1, 1999 (64 FR 29420). The affected
regulations are codified at 40 CFR part 63, subpart PPP. We will
continue to present OMB control numbers in a consolidated table format
to be codified in 40 CFR part 9 of the Agency's regulations and in each
CFR volume containing EPA regulations. The table lists the section
numbers with reporting and recordkeeping requirements and the current
OMB control numbers. This listing of the OMB control numbers and their
subsequent codification in the CFR satisfy the requirements of the
Paperwork Reduction Act and OMB's implementing regulations at 5 CFR
part 1320. The ICR itself was subject to public notice and comment
prior to OMB's approval of the ICR. Further, because amendment of the
table in part 9 is technical in nature, we believe that another notice
and comment period for this amendment is unnecessary. For these
reasons, we believe that there is good cause under the Administrative
Procedure Act (5 U.S.C. Sec. 553(b) to amend this table without prior
notice and comment.
III. What Amendments Are We Making to the Equipment Leak Definition
That Affect Subparts F, W, CC, and PPP?
In these rules, we are amending the definition of equipment leak in
subparts F, W, CC, and PPP of 40 CFR part 63. In each of these NESHAP,
the definition of equipment leak listed several sources from which
emissions of organic HAP constitute a leak. However, ``connectors'' are
not included in the list of sources of emissions that are included in
the definition of the term equipment leak in any of those NESHAP.
Affected sources subject to any of those four subparts are required
to comply with the NESHAP for equipment leaks (40 CFR part 63, subpart
H). In subpart H, Sec. 63.169 contains standards for pumps, valves,
connectors, and agitators in heavy liquid service; instrumentation
systems; and pressure relief devices in liquid service. Section 63.174
(of 40 CFR part 63, subpart H) contains standards for connectors in
gas/vapor service and in light liquid service. The fact that there are
specific provisions in subpart H applicable to connectors clearly
demonstrates that we always intended emissions from connectors to be
considered equipment leaks. In addition, the definition of equipment in
Sec. 63.161 of subpart H includes connectors, providing further
evidence that the definition of equipment leak should include
connectors. Therefore, we are amending the definition of equipment leak
in subparts F, W, CC, and PPP by adding the term ``a connector'' to the
list of equipment in each of those definitions.
IV. What Amendments Are We Making to Subpart PPP?
Although this action amends portions of four separate subparts of
40 CFR part 63 (i.e., subparts F, W, CC, and PPP), the primary focus of
the amendments in this action is subpart PPP, which was promulgated on
June 1, 1999 (64 FR 29420). This direct final rule contains amendments
and technical corrections to the requirements in subpart PPP.
Several equations in the promulgated version of subpart PPP were
printed incorrectly. This direct final rule amends the erroneous
symbols in equations numbered 1, 2, 4, 5, 7, 10, and 13, to produce the
originally intended equations.
This direct final rule also corrects references in several sections
of subpart PPP. References are being corrected in this direct final
rule in the following paragraphs: Sec. 63.1422(b);
Sec. 63.1426(d)(3)(ii); Sec. 63.1428(g)(3)(i); Sec. 63.1430(e)(1)(vi)
and (vii); Sec. 63.1432(h) and (l); Sec. 63.1433(a)(5), (7), and (8);
Sec. 63.1435(c); Sec. 63.1439(e)(5)(iv) and (e)(7)(ii), and in the
definition of Group 2 wastewater stream.
Two terms which are used in subpart PPP but were not defined in the
final rule were added to the list in Sec. 63.1423(a) that incorporates
the definitions from other subparts. Specifically, oil-water separator
or organic-water separator and responsible official were added to the
list and their definitions in subparts G and A, respectively, were
referenced.
In addition, the June 1, 1999 final rule contained references to 40
CFR part 63, subpart I in both Secs. 63.1422(h) and 63.1434(c). This
was an error because subpart I does not apply to polyether polyols
producers. Therefore, both Secs. 63.1422(h) and 63.1434(c) are removed
and reserved in this direct final rule.
The provisions in Sec. 63.1420(g) specify how changes or additions
to plant sites impact whether an affected source is a new affected
source or an existing affected source. Paragraph (g)(2) in Sec. 63.1420
addresses adding emission points or making process changes to an
existing affected source. The provisions in Sec. 63.1420(g)(2)(i)
specify that a process change or addition to an existing affected
source that meets the definition of reconstruction and that occurred
after September 4, 1997 causes
[[Page 26494]]
the entire affected source to become a new affected source. After
promulgation of subpart PPP, we realized that these provisions were not
consistent with our reconstruction policy for 40 CFR part 63 standards,
which is contained in the general provisions for part 63 (40 CFR part
63, subpart A). The general provisions clearly distinguish between
``replacements'' and ``additions.'' The definition of reconstruction in
the general provisions only addresses the ``replacement'' of equipment,
while Sec. 63.5(b)(6) of the general provisions addresses additions. At
promulgation, these two concepts were combined in the language for
Sec. 63.1420(g)(2)(i), creating confusion and making the subpart PPP
requirements inconsistent with the our general policy on
``replacements'' and ``additions.'' Therefore, in this direct final
rule we are revising the provisions in Sec. 63.1420(g)(2) to clearly
distinguish how the replacement of components should be handled by
owners and operators, and how the addition of new components should be
handled, with respect to applicability to the new or existing source
requirements. In summary, if the replacement of components at an
existing affected source meets the definition of reconstruction, then
the affected source becomes a new affected source. If an addition is
made to an existing affected source, then the addition becomes part of
the existing affected source.
Paragraph (g)(3) in Sec. 63.1420 describes how to distinguish a
process change from a change that is not considered to be a ``process
change,'' according to the 40 CFR part 63, subpart PPP requirements. We
are amending Sec. 63.1420(g)(3) by removing the last phrase (which
referred to the equipment configuration and operating conditions
documented in the notification of compliance status report required by
Sec. 63.1439(e)(5)), because not all equipment configurations and
operating conditions are required to be reported in the notification of
compliance status report. The phrase that was removed implied that
unless a configuration or condition was described in the notification
of compliance status report, equipment in that configuration or
condition would automatically be considered to be a ``process change.''
It was not our intent that every possible equipment configuration or
condition be described in the notification of compliance status report.
In addition, the phrase ``changes that are not within the equipment
configuration'' was replaced with the phrase ``changes that do not
alter the equipment configuration,'' for reasons similar to those
described above.
Paragraph (h) in Sec. 63.1420 addresses the applicability of
subpart PPP during periods of start-up, shutdown, malfunction, or
nonoperation. Paragraph (h)(1) in Sec. 63.1420 specifies that the
emission limitations in subpart PPP do not apply during these periods.
However, paragraphs Sec. 63.1420(h)(3) and (4) contain requirements
specific to periods of start-up, shutdown, and malfunction. Therefore,
paragraph Sec. 63.1420(h)(1) in the direct final rule has been amended
to indicate that the emission limitations in the subpart do not apply
during periods of start-up, shutdown, or malfunction, except as
provided in Sec. 63.1420(h)(3) and (4).
Also, Sec. 63.1420(h)(4) requires that you must prevent or minimize
excess emissions during periods of start-up, shutdown, and malfunction,
and provides a description of what constitutes ``excess emissions.'' In
these direct final amendments, we are changing this description from
``emissions in excess of those that would have occurred if there were
no start-up, shutdown, or malfunction,'' to ``emissions greater than
those allowed by the emission limitation which would apply during
operational periods other than start-up, shutdown, and malfunction.''
We are making this change because we believe that the new wording is
more consistent with our original intent, which was that owners or
operators take steps to minimize emissions during start-up, shutdown,
and malfunction. Further, we believe the revision in this direct final
rule is clearer and more specific than the promulgated language.
Paragraph (e) of Sec. 63.1422 includes the provisions for
requesting a compliance extension. In the promulgated rule, this
paragraph stated that a request for compliance must be submitted no
later than 120 days prior to the compliance dates specified in
paragraphs (b) through (d) of Sec. 63.1422. However, there are
compliance dates specified in other paragraphs of subpart PPP. For
instance, Sec. 63.1420(g)(2)(i) of this direct final requires that new
emission points comply with the existing source requirements by 120
days after the day of initial start-up. We intended that the compliance
extension provisions in Sec. 63.1422(e) apply to these other compliance
dates, as well as to the compliance dates in Sec. 63.1420(b) through
(d). Therefore, this direct final rule adds a phrase to make it clear
that you can request a compliance extension for compliance dates that
are specified in sections of subpart PPP other than Sec. 63.1420(b)
through (d).
The promulgated definition of epoxide in subpart PPP includes a
description of what an epoxide is (i.e., a chemical compound consisting
of a three-membered cyclic ether). The definition also states that only
emissions of ethylene oxide and propylene oxide are regulated under
subpart PPP. After promulgation of subpart PPP, we became aware of
another epoxide, ``epichlorohydrin,'' that is used to make polyether
polyols. Under the promulgated definition of epoxide, emissions of
epichlorohydrin would be exempt from control. This is inconsistent with
section 112(b), (c), and (d) of the CAA. Therefore, we have added
epichlorohydrin to Table 4 (Known Organic HAP from Polyether Polyols
Products) and have amended the definition of epoxide to include
epichlorohydrin in the list of epoxides that are subject to the
provisions of subpart PPP.
In the promulgated NESHAP, the definition of polyether polyol
excludes hydroxyethyl cellulose. At the time of promulgation of subpart
PPP, we intended that this product, which meets the basic criteria of a
polyether polyol, would be covered by the Miscellaneous Cellulose
NESHAP, which we are currently developing. However, in the development
of the Miscellaneous Cellulose NESHAP, we have become aware of other
cellulose ether products that meet the definition of polyether polyol.
Therefore, in this direct final rule we have revised the definition of
polyether polyol to exclude the entire family of cellulose ethers, not
just hydroxyethyl cellulose.
The promulgated version of subpart PPP requires compliance with the
HON requirements for storage vessels, with the exceptions listed in
Sec. 63.1432. Section 63.1432 requires that records of all times when
the storage tank is being filled be kept, in addition to the records
required in Sec. 63.123 of the HON. In this direct final rule, we are
making clarifications to the rule at Sec. 63.1432(q). Our intent was
that the requirement to keep records of times when the storage vessel
is being filled should only apply to storage vessels using a
combustion, recovery, or recapture device, where the applicable
monitoring plan does not specify continuous monitoring. The amended
language in Sec. 63.1432(q) should make this distinction clear.
For the purposes of both the maintenance wastewater and the process
wastewater requirements in subpart PPP, we are amending
Sec. 63.1433(a)(1) and (2) and (b)(1), in order to clarify which
compounds are considered ``organic HAP.'' The language in
Sec. 63.1433(a)(1) is
[[Page 26495]]
inadequate, while the language in Sec. 63.1433(a)(2) and
Sec. 63.1433(b)(1) is unnecessarily complicated and difficult to
interpret. The amendments in this direct final rule should make those
requirements much easier to follow.
This direct final rule also clarifies the conditions required
during performance testing for process vents from batch unit
operations. Section 63.1426, paragraph (c)(3)(i)(B), which contains
requirements specific to process vents from batch unit operations,
states that performance testing may be conducted during either absolute
worst-case conditions or hypothetical worst-case conditions. However,
Sec. 63.1437(a)(1) which contains general performance testing
requirements for all emission sources, lists only absolute worst-case
conditions as an option for performance testing at process vents from
batch unit operations. This direct final rule corrects
Sec. 63.1437(a)(1) by revising that paragraph to state that performance
testing at both absolute and hypothetical worst-case conditions is
acceptable for process vents from batch unit operations.
Additionally, this direct final rule amends the information
requirements associated with start-up, shutdown, and malfunction
reports in Sec. 63.1439(b)(1)(ii). The promulgated NESHAP requires the
start-up, shutdown, and malfunction report to include all of the
information recorded under Sec. 63.1439(b)(1)(i)(A) through (B), and to
contain the name, title, and signature of the owner or operator, or
other responsible official certifying the report's accuracy. However,
this is a good deal more information than is required to be specified
in the general provisions in Sec. 63.10(d)(5)(i). We have decided that
as long as the information recorded under Sec. 63.1439(b)(1)(i)(A)
through (B) is recorded, that information need not be submitted to the
Administrator. Therefore, this direct final rule references the start-
up, shutdown, and malfunction reporting requirements in
Sec. 63.10(d)(5)(i) and no longer includes such a long list of
information to report under Sec. 63.1439(b)(1)(ii).
This direct final rule also removes the requirement that existing
sources submit an Initial Notification report. The promulgated rule
lists two separate due dates in different sections of the rule for the
Initial Notification report. Section 63.1439, paragraph (e)(3)(ii)(A),
states that the due date for the Initial Notification report for
existing sources is June 1, 2000, but Table 8 shows the date as 120
days after June 1, 1999. Neither of those two dates is appropriate, in
that the first date is too soon after promulgation of subpart PPP,
while the other date is too late, since it was after the due date of
the Notification of Compliance Status report for equipment leaks (April
29, 2000, or 150 days after the December 1, 1999 compliance date). To
be useful, the Administrator (or the delegated authorities) needs to
receive the Initial Notification report with sufficient time to prepare
for receipt of the Notification of Compliance Status reports. Since
this direct final rule will not take effect until after the date that
the Notification of Compliance Status report for equipment leaks is due
for existing sources, we do not believe that the submittal of an
Initial Notification report is beneficial. Therefore, we have removed
all requirements related to the Initial Notification report for
existing sources. The specific changes are to Sec. 63.1439(e)(3) and
Table 8 of subpart PPP.
This direct final rule also inserts some introductory language
pertinent to the other reports that are due in Sec. 63.1439(e)(7) and
reorganizes and renumbers the subsections of that paragraph. We are
amending Table 1 of subpart PPP to clarify that although
Sec. 63.10(d)(5)(i) from the general provisions applies to subpart PPP
affected sources, Sec. 63.10(d)(5)(ii) (which requires immediate start-
up, shutdown, or malfunction reports) does not.
V. What Are the Administrative Requirements for These Rules?
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to OMB review 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, productivity,
competition, jobs, the environment, public health or safety, or state,
local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that these amendments are not a ``significant regulatory
action'' because they do not meet any of the above criteria.
Consequently, these rules were not submitted to OMB for review under
Executive Order 12866.
B. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' Under
section 6 of Executive Order 13132, EPA may not issue a regulation that
has federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
regulation. The EPA also may not issue a regulation that has federalism
implications and that preempts State law unless the Agency consults
with State and local officials early in the process of developing the
regulation.
This direct final rule does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. Thus, the
requirements of section 6 of Executive Order 13132 do not apply to this
direct final rule.
C. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by
[[Page 26496]]
consulting, Executive Order 13084 requires EPA to provide to OMB, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' These rules
do not significantly or uniquely affect the communities of Indian
tribal governments. No tribal governments own or operate an affected
source. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to these rules.
D. Executive Order 13045
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 Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. These rules fall into that
category only in part: the minimum rule stringency for subpart PPP is
set according to a congressionally-mandated, technology-based lower
limit called the ``floor,'' while a decision to increase the stringency
beyond this floor can be based on risk considerations. Thus, Executive
Order 13045 applies to these rules only to the extent that the Agency
may consider the inherent toxicity of a regulated pollutant, and any
differential impact such a pollutant may have on children's health, in
deciding whether to adopt control requirements more stringent than the
floor level in subpart PPP.
These rules are not subject to Executive Order 13045 because they
are not economically significant as defined in Executive Order 12866.
No children's risk analysis was performed for these rules because no
alternative technologies exist that would provide greater stringency at
a reasonable cost. Therefore, the results of any such analysis would
have no impact on the stringency decision.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or 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, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that these rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or in the
private sector in any 1 year. Thus, today's rules are not subject to
the requirements of sections 202 and 205 of the UMRA. In addition, the
EPA has determined that these rules contain no regulatory requirements
that might significantly or uniquely affect small governments, because
they contain no requirements that apply to such governments or impose
obligations on them. Therefore, today's rules are not subject to the
requirements of section 203 of the UMRA.
F. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 USC 601 et seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute 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 organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this direct final on small
entities, small entity is defined as : (1) A small business that has
less than 750 employees and is unaffiliated with a larger domestic
entity; (2) a small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of these rules on small
entities, we have concluded that these actions will not have a
significant economic impact on a substantial number of small entities.
Consistent with Small Business Administrative (SBA) size standards, a
polyether polyols production facility is classified as a small entity
if it has less than 750 employees and is unaffiliated with a larger
domestic entity. On that basis, 7 of the 36 polyether polyol production
facilities are classified as small entities (i.e., having fewer than
750 employees). The EPA determined that none of these seven small
entities will experience an increase in costs that is greater than one
percent of revenues, as a result of these rules. This does not qualify
as a significant economic impact on a substantial number of small
businesses.
G. Paperwork Reduction Act
The information collection requirements in the final rule were
submitted for approval to OMB under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. An Information Collection Request (ICR) document
has been
[[Page 26497]]
prepared by EPA (ICR No. 1811.01), but, at promulgation, that ICR had
not yet been approved by OMB. However, since promulgation the OMB has
approved the ICR, and this final rule amends the table of currently
approved ICR control numbers issued by OMB and updates the table to
accurately display those information requirements not previously
approved. The information collection requirements that are made
effective by this action under OMB control number 2060-0415 were
contained in ICR number 1811.01.
Today's final rule will have no impact on the information
collection burden estimates made previously. The direct final
amendments clarify the intent of the subpart PPP and correct
inadvertent omissions and minor drafting errors. Consequently, the ICR
has not been revised.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. 104-113, (15 U.S.C. 272 note), directs all
Federal agencies to use voluntary consensus standards instead of
government-unique standards in their regulatory activities unless to do
so would be inconsistent with applicable law or would be otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., material specifications, test method, sampling and analytical
procedures, business practices, etc.) that are developed or adopted by
one or more voluntary consensus standards bodies. Examples of
organizations generally regarded as voluntary consensus standards
bodies include the American Society for Testing and Materials (ASTM),
the National Fire Protection Association (NFPA), and the Society of
Automotive Engineers (SAE). The NTTAA requires Federal agencies like
EPA to provide Congress, through OMB, with explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
During the rulemaking, the Agency searched for voluntary consensus
standards that might be applicable. The search has identified no
applicable voluntary standards. Accordingly, the NTTAA requirement to
use applicable voluntary consensus standards does not apply to these
rules.
I. The Congressional Review Act
The Congressional Review Act, 5 U.S.C. Sec. 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 the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. Sec. 804(2). This rule will be effective July 7, 2000.
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements, Administrative
practice and procedure, Air pollution control.
Dated: April 20, 2000.
Carol M. Browner,
Administrator,
For the reasons set out in the preamble, parts 9 and 63 of title
40, chapter I of the Code of Federal Regulations are amended as
follows:
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
2. Section 9.1 is amended by adding a new entry to the table in
numerical order to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation no.
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
National Emission Standards for Hazardous Air Pollutants for Source
Categories \3\
------------------------------------------------------------------------
* * * * *
63.1420-63.1439......................................... 2060-0415
------------------------------------------------------------------------
\3\ The ICRs referenced in this section of the table encompass the
applicable general provisions contained in 40 CFR part 63, subpart A,
which are not independent information collection requirements.
* * * * *
PART 63--[AMENDED]
3. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
* * * * *
Subpart F--[AMENDED]
* * * * *
4. Section 63.101 is amended by revising the definition of
equipment leak, to read as follows:
Sec. 63.101 Definitions.
* * * * *
Equipment leak means emissions of organic hazardous air pollutants
from a connector, pump, compressor, agitator, pressure relief device,
sampling connection system, open-ended valve or line, valve, surge
control vessel, bottoms receiver, or instrumentation system in organic
hazardous air pollutant service as defined in Sec. 63.161.
* * * * *
Subpart W--[AMENDED]
5. Section 63.522 is amended by revising the definition of
equipment leaks, to read as follows:
Sec. 63.522 Definitions.
* * * * *
Equipment leaks means emissions of hazardous air pollutants from a
connector, pump, compressor, agitator, pressure relief device, sampling
connection system, open-ended valve or line, or instrumentation system
in organic hazardous air pollutant service.
* * * * *
Subpart CC--[AMENDED]
6. Section 63.641 is amended by revising the definition of
equipment leak, to read as follows:
Sec. 63.641 Definitions.
* * * * *
[[Page 26498]]
Equipment leak means emissions of organic hazardous air pollutants
from a connector, pump, compressor, pressure relief device, sampling
connection system, open-ended valve or line, valve, or instrumentation
system in organic hazardous air pollutant service as defined in this
section. Vents from wastewater collection and conveyance systems
(including, but not limited to wastewater drains, sewer vents, and sump
drains), tank mixers, and sample valves on storage tanks are not
equipment leaks.
* * * * *
Subpart PPP--[AMENDED]
* * * * *
7. Section 63.1420 is amended by:
a. Revising paragraph (e)(3) introductory text;
b. Revising paragraph (e)(9);
c. Revising paragraph (g)(1)(i) introductory text;
d. Revising paragraph (g)(2) introductory text;
e. Revising paragraph (g)(2)(i) introductory text;
f. Revising paragraph (g)(2)(i)(A);
g. Revising paragraph (g)(2)(ii);
h. Adding paragraph (g)(2)(iii);
i. Revising paragraph (g)(3);
j. Revising paragraph (g)(4);
k. Revising paragraph (h)(1); and
l. Revising paragraph (h)(4).
The revisions and additions read as follows:
Sec. 63.1420 Applicability and designation of affected sources.
* * * * *
(e) * * *
(3) Annual applicability determination for non-PMPUs that have
produced a polyether polyol. Once per year beginning June 1, 2004, the
owner or operator of each flexible operation unit that is not
designated as a PMPU, but that has produced a polyether polyol at any
time in the preceding 5-year period or since the date that the unit
began production of any product, whichever is shorter, shall perform
the evaluation described in paragraphs (e)(3)(i) through (iii) of this
section. However, an owner or operator that does not intend to produce
any elastomer product in the future, in accordance with paragraph
(e)(9) of this section, is not required to perform the evaluation
described in paragraphs (e)(3)(i) through (iii) of this section.
* * * * *
(9) PMPUs terminating production of all polyether polyols. If a
PMPU terminates the production of all polyether polyols, and the owner
or operator does not anticipate the production of any polyether polyols
in the future in that PMPU, the process unit is no longer a PMPU and is
not subject to this subpart after notification is made to the
Administrator. This notification shall be accompanied by a rationale
for why it is anticipated that no polyether polyols will be produced in
the process unit in the future.
* * * * *
(g) * * *
(1) * * *
(i) If a group of one or more PMPUs is added to a plant site, the
added group of one or more PMPUs and their associated equipment, as
listed in paragraph (a)(4) of this section, shall be a new affected
source and shall comply with the requirements for a new affected source
in this subpart upon initial start-up or by June 1, 1999, whichever is
later, if the added group of one or more PMPUs meets the criteria
specified in paragraph (g)(1)(i)(A) of this section and either meets
the criteria in paragraph (g)(1)(i)(B) or (C) of this section.
* * * * *
(2) Adding emission points or making process changes to existing
affected sources. The provisions of paragraphs (g)(2)(i), (ii), and
(iii) of this section apply to the owner or operator that adds emission
points or makes process changes to an existing affected source.
(i) If any components are replaced at an existing affected source
such that the criteria specified in paragraphs (g)(2)(i)(A) and (B) of
this section are met, the entire affected source shall be a new
affected source and shall comply with the requirements for a new
affected source upon initial start-up or by June 1, 1999, whichever is
later.
(A) The replacement of components meets the definition of
reconstruction in Sec. 63.1423(b). For purposes of determining whether
the fixed capital cost of the new components exceeds 50 percent of the
fixed capital cost that would be required to construct an entire
affected source, the equivalent capital cost shall be the entire
potentially affected source; and
* * * * *
(ii) If any components are replaced at an existing affected source
such that the criteria specified in paragraphs (g)(2)(i)(A) and (B) of
this section are not met and that replacement of components creates one
or more emission points (i.e., either newly created Group 1 emission
points or emission points that change from Group 2 to Group 1) or
causes any other emission point to be added (i.e., Group 2 emission
points, heat exchange systems subject to Sec. 63.1435, or equipment
leak components subject Sec. 63.1434), the resulting emission point(s)
shall be subject to the applicable requirements for an existing
affected source. The resulting emission point(s) shall be in compliance
upon initial start-up or by the appropriate compliance date specified
in Sec. 63.1422 (i.e., December 1, 1999 for most equipment leak
components subject to Sec. 63.1434, and June 1, 2002 for emission
points other than equipment leaks), whichever is later.
(iii) If an addition or process change (not including a process
change that solely replaces components) is made that creates one or
more Group 1 emission points (i.e., either newly created Group 1
emission points or emission points that change group status from Group
2 to Group 1) or causes any other emission point to be added (i.e.,
Group 2 emission points, heat exchange systems subject to Sec. 63.1435,
or equipment leak components subject to Sec. 63.1434), the resulting
emission point(s) shall be subject to the applicable requirements for
an existing affected source. The resulting emission point(s) shall be
in compliance by initial start-up or by the appropriate compliance date
specified in Sec. 63.1422 (i.e., December 1, 1999 for most equipment
leak components subject to Sec. 63.1434, and June 1, 2002 for emission
points other than equipment leaks), whichever is later.
(3) Determining what are and are not process changes. For purposes
of paragraph (g) of this section, examples of process changes include,
but are not limited to, additions in process equipment resulting in
changes in production capacity; production of a product outside the
scope of the compliance demonstration; or whenever there is a
replacement, removal, or addition of recovery equipment. For purposes
of paragraph (g) of this section, process changes do not include:
process upsets, unintentional temporary process changes, and changes
that do not alter the equipment configuration and operating conditions.
(4) Reporting requirements for owners or operators that change or
add to their plant site or affected source. An owner or operator that
changes or adds to their plant site or affected source, as discussed in
paragraphs (g)(1) and (g)(2) of this section, shall submit a report as
specified in Sec. 63.1439(e)(7)(iii).
(h) * * *
(1) The emission limitations set forth in this subpart and the
emission limitations referred to in this subpart shall apply at all
times except during periods of nonoperation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
[[Page 26499]]
which this subpart applies. These emission limitations shall not apply
during periods of start-up, shutdown, or malfunction, except as
provided in paragraphs (h)(3) and (4) of this section. During periods
of start-up, shutdown, or malfunction, the owner or operator shall
follow the applicable provisions of the start-up, shutdown, and
malfunction plan required by Sec. 63.6(e)(3). However, if a start-up,
shutdown, malfunction, or period of nonoperation of one portion of an
affected source does not affect the ability of a particular emission
point to comply with the emission limitations to which it is subject,
then that emission point shall still be required to comply with the
applicable emission limitations of this subpart during the start-up,
shutdown, malfunction, or period of nonoperation. For example, if there
is an overpressure in the reactor area, a storage vessel that is part
of the affected source would still be required to be controlled in
accordance with the storage tank provisions in Sec. 63.1432. Similarly,
the degassing of a storage vessel would not affect the ability of a
process vent to meet the emission limitations for process vents in
Secs. 63.1425 through 63.1430.
* * * * *
(4) During start-ups, shutdowns, and malfunctions when the emission
limitations of this subpart do not apply pursuant to paragraphs (h)(1)
through (3) of this section, the owner or operator shall implement, to
the extent reasonably available, measures to prevent or minimize excess
emissions to the extent practical. For purposes of this paragraph, the
term ``excess emissions'' means emissions greater than those allowed by
the emissions limitation which would apply during operational periods
other than start-up, shutdown, and malfunction. The measures to be
taken shall be identified in the applicable start-up, shutdown, and
malfunction plan, and may include, but are not limited to, air
pollution control technologies, recovery technologies, work practices,
pollution prevention, monitoring, and/or changes in the manner of
operation of the affected source. Use of back-up control techniques is
not required, but is allowed, if available.
* * * * *
8. Section 63.1422 is amended by revising paragraph (b), by
revising paragraph (e) introductory text, and removing and reserving
paragraph (h) as follows:
Sec. 63.1422 Compliance dates and relationship of this rule to
existing applicable rules.
* * * * *
(b) New affected sources that commence construction or
reconstruction after September 4, 1997 shall be in compliance with this
subpart upon initial start-up or by June 1, 1999, whichever is later.
* * * * *
(e) Pursuant to section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the existing affected source
up to 1 additional year to comply with section 112(d) standards. For
purposes of this subpart, a request for an extension shall be submitted
to the permitting authority as part of the operating permit
application, or to the Administrator as a separate submittal, or as
part of the Precompliance Report. Requests for extensions shall be
submitted no later than 120 days prior to the compliance dates
specified in paragraphs (b) through (d) of this section, or as
specified elsewhere in this subpart. The dates specified in
Sec. 63.6(i) for submittal of requests for extensions shall not apply
to this subpart.
* * * * *
(h) [Reserved]
9. Section 63.1423 is amended by adding in alphabetical order the
terms oil-water separator or organic-water separator and responsible
official in paragraph (a) and by revising the definitions of epoxide,
equipment leak, Group 2 wastewater stream, and polyether polyol in
paragraph (b) as follows:
Sec. 63.1423 Definitions.
(a) * * *
Oil-water separator or organic-water separator (subpart G)
* * * * *
Responsible official (subpart A)
* * * * *
(b) * * *
Epoxide means a chemical compound consisting of a three-membered
cyclic ether. Only emissions of epoxides listed in Table 4 of this
subpart (i.e., ethylene oxide, propylene oxide, and epichlorohydrin)
are regulated by the provisions of this subpart.
Equipment leak means emissions of organic HAP from a connector,
pump, compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, valve, surge control vessel, bottoms
receiver, or instrumentation system in organic HAP service.
* * * * *
Group 2 wastewater stream means any process wastewater stream at an
existing affected source or new affected source that does not meet the
definition (in this section) of a Group 1 wastewater stream.
* * * * *
Polyether polyol means a compound formed through the polymerization
of EO or PO or other cyclic ethers with compounds having one or more
reactive hydrogens (i.e., a hydrogen atom bonded to nitrogen, oxygen,
phosphorus, sulfur, etc.) to form polyethers (i.e., compounds with two
or more ether bonds). This definition of polyether polyol excludes
cellulose ethers (such as methyl cellulose, carboxymethyl cellulose,
hydroxyethyl cellulose, hydroxy ethyl cellulose, and hydroxypropyl
methyl cellulose) and materials regulated under 40 CFR part 63,
subparts F, G, and H (the HON), such as glycols and glycol ethers.
* * * * *
10. Section 63.1426 is amended by:
a. Revising Equation 1 (in paragraph (c)(3)(i)(B)(3)(i));
b. Revising Equation 2 (in paragraph (c)(3)(ii)(A));
c. Revising Equations 4 and 5 (in paragraph (c)(5)(ii)(A));
d. Revising paragraph (d)(3)(ii); and
e. Revising Equation 7 in paragraph (e)(1).
The revisions read as follows:
Sec. 63.1426 Process vent requirements for determining organic HAP
concentration, control efficiency, and HAP emission reduction for a
PMPU.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(B) * * *
(3) * * *
(i) * * *
[GRAPHIC] [TIFF OMITTED] TR08MY00.002
[[Page 26500]]
* * * * *
(ii) * * *
(A) * * *
[GRAPHIC] [TIFF OMITTED] TR08MY00.003
* * * * *
(5) * * *
(ii) * * *
(A) * * *
[GRAPHIC] [TIFF OMITTED] TR08MY00.004
* * * * *
(d) * * *
[GRAPHIC] [TIFF OMITTED] TR08MY00.005
(2) * * *
[GRAPHIC] [TIFF OMITTED] TR08MY00.006
(3) * * *
(ii) The owner or operator shall determine the hourly uncontrolled
organic HAP emissions from each process vent from a continuous unit
operation in accordance with paragraph (c)(5)(ii) of this section,
except that the emission rate shall be determined at the location
specified in paragraph (d)(3)(i) of this section.
* * * * *
11. Section 63.1427 is amended:
a. By revising paragraph (e)(1) and Equation 10;
b. By revising Equation 13 in paragraph (h);
c. By revising paragraph (j)(2)(iii); and
d. By removing and reserving paragraph (j)(2)(iv).
The revisions read as follows:
Sec. 63.1427 Process vent requirements for processes using extended
cookout as an epoxide emission reduction technique.
* * * * *
(e) * * *
(1) The owner or operator shall determine the percent epoxide
emission reduction for the batch cycle using Equation 10.
[GRAPHIC] [TIFF OMITTED] TR08MY00.007
Where:
Rbatchcycle = Epoxide emission reduction for the batch
cycle, percent.
Ee,E = Epoxide emissions at the end of the ECO determined in
accordance with paragraph (d)(1) of this section, kilograms.
Raddon,i = Control efficiency of combustion, recovery, or
recapture device that is used to control epoxide emissions after the
ECO, determined in accordance with the provisions of Sec. 63.1426(c),
percent.
Ee,o = Epoxide emissions that occur before the end of the
ECO, determined in accordance with the provisions of Sec. 63.1426(d),
kilograms.
Raddon,j = Control efficiency of combustion, recovery, or
recapture device that is used to control epoxide emissions that occur
before the end of the ECO, determined in accordance with the provisions
of Sec. 63.1426(c), percent.
Ee,u = Uncontrolled epoxide emissions determined in
accordance with paragraph (c)(1) of this section, kilograms.
* * * * *
(h) * * *
[GRAPHIC] [TIFF OMITTED] TR08MY00.008
Where:
Phalf1 = Half the total pressure of the epoxide for product
1.
Time (Phalf1) = Time when the pressure has fallen to half
its total pressure for product 1.
Phalf2 = Half the total pressure of the epoxide for product
2.
Time (Phalf2) = Time when the pressure has fallen to half
its total pressure for product 2.
TAVG = The average time to cookout to the point where the
epoxide pressure is 25 percent of the epoxide pressure at the end of
the feed step for products 1 and 2.
* * * * *
(j) * * *
(2) * * *
(iii) If a combustion, recovery, or recapture device is used to
reduce emission in conjunction with ECO, the owner or operator shall
record the information specified in Sec. 63.1430(d) and comply with the
monitoring provisions in Sec. 63.1429.
* * * * *
12. Section 63.1428 is amended by revising paragraph (g)(3)(i) as
follows:
[[Page 26501]]
Sec. 63.1428 Process vent requirements for group determination of
PMPUs using a nonepoxide organic HAP to make or modify the product.
* * * * *
(g) * * *
(3) * * *
(i) If the redetermination described in paragraph (g)(2) of this
section indicates that the group status of the combination of process
vents from batch unit operations in a PMPU that are associated with the
use of nonepoxide organic HAP to make or modify the product changes
from Group 2 to Group 1 as a result of the process change, the owner or
operator shall submit a report as specified in
Sec. 63.1439(e)(6)(iii)(D)(1) and shall comply with Group 1 combination
of batch process vents provisions in this subpart, as specified in
Sec. 63.1425(c)(1).
* * * * *
13. Section 63.1430 is amended by revising paragraphs (e)(1)(vi)
and (vii) as follows:
Sec. 63.1430 Process vent reporting and recordkeeping requirements.
* * * * *
(e) * * *
(1) * * *
(vi) If the combination of all process vents from batch unit
operations associated with the use of an organic HAP to make or modify
the product is subject to the Group 1 batch process vent control
requirements for nonepoxide HAP emissions from making or modifying the
product in Sec. 63.1425((c)(1), none of the records in paragraphs
(e)(1)(i) through (v) of this section are required.
(vii) If the total annual emissions from the combination of process
vents from batch unit operations associated with the use of an organic
HAP to make or modify the product are less than 11,800 kg per year,
only the records in paragraphs (e)(1)(i) and (ii) of this section are
required.
* * * * *
14. Section 63.1432 is amended by revising paragraphs (h), (l), and
(q) as follows:
Sec. 63.1432 Storage vessel provisions.
* * * * *
(h) When the HON storage vessel requirements in
Secs. 63.120(d)(3)(i), 63.120(d)(5), and 63.122(g)(2) use the term
``range,'' the term ``level'' shall apply instead for the purposes of
this subpart.
* * * * *
(l) When the HON Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Secs. 63.120 and 63.122, the Periodic
Report requirements contained in Sec. 63.1439(e)(6) shall apply for the
purposes of this subpart.
* * * * *
(q) In addition to the records required by Sec. 63.123, the owner
or operator of each storage vessel that is complying with
Sec. 63.119(e) and that has an applicable monitoring plan in accordance
with Sec. 63.120(d)(2) that does not specify continuous monitoring,
shall maintain records of all times when the storage tank is being
filled (i.e., when the liquid level in the storage vessel is being
raised). These records shall consist of documentation of the time when
each filling period begins and ends.
15. Section 63.1433 is amended by:
a. Revising paragraph (a)(1);
b. Revising paragraph (a)(2);
c. Revising paragraph (a)(5);
d. Revising paragraph (a)(7);
e. Revising paragraph (a)(8); and
f. Revising paragraph (b)(1).
The revisions and additions read as follows:
Sec. 63.1433 Wastewater provisions.
(a) * * *
(1) Owners and operators of affected sources are not required to
comply with the HON new source wastewater requirements in
Sec. 63.132(b)(1) and Sec. 63.132(d) for the purposes of this subpart.
Owners or operators of all new affected sources, as defined in this
subpart, shall comply with the HON requirements for existing sources in
Secs. 63.132 through 63.149, with the exceptions noted in paragraphs
(a)(2) through (20) of this section.
(2) The provisions of paragraphs (a)(2)(i), (ii), and (a)(10)(iii)
of this section clarify the organic HAP that an owner or operator shall
consider when complying with the requirements of Secs. 63.132 through
63.149.
(i) Owners and operators are exempt from all requirements in
Secs. 63.132 through 63.149 that pertain solely and exclusively to
organic HAP listed on Table 8 of 40 CFR part 63, subpart G.
(ii) When the HON requirements in Secs. 63.132 through 63.149 refer
to Table 9 compounds, the owner or operator is only required to
consider compounds that meet the definition of organic HAP in
Sec. 63.1423 and that are listed in Table 9 of 40 CFR part 63, subpart
G, for the purposes of this subpart.
(iii) When Secs. 63.132 through 63.149 refer to compounds in Table
36 of 40 CFR part 63, subpart G, or compounds in List 1 or List 2 of
Table 36 of 40 CFR part 63, subpart G, the owner or operator is only
required to consider compounds that meet the definition of organic HAP
in Sec. 63.1423 and that are listed on Table 36 of 40 CFR part 63,
subpart G, for the purposes of this subpart.
* * * * *
(5) When the HON process wastewater reporting requirements in
Sec. 63.146(a) require the submission of a request for approval to
monitor alternative parameters according to the procedures specified in
Sec. 63.151(f) or (g), the owner or operator requesting to monitor
alternative parameters shall follow the procedures specified in
Sec. 63.1439(f) for the purposes of this subpart.
* * * * *
(7) When Secs. 63.132 through 63.149 refer to an ``existing
source,'' the term existing affected source, as defined in
Sec. 63.1420(a)(2), shall apply for the purposes of this subpart.
(8) When the HON requirements in Secs. 63.132 through 63.149 refer
to a ``new source,'' the term new affected source, as defined in
Sec. 63.1420(a)(3), shall apply for the purposes of this subpart.
* * * * *
(b) * * *
(1) When the HON maintenance wastewater provisions in
Sec. 63.105(a) refer to ``organic HAPs listed in Table 9 of subpart G
of this part,'' the owner or operator is only required to consider
compounds that meet the definition of organic HAP in Sec. 63.1423 and
that are listed in Table 9 of 40 CFR part 63, subpart G, for the
purposes of this subpart.
* * * * *
16. Section 63.1434 is amended by removing and reserving paragraph
(c).
17. Section 63.1435 is amended by revising paragraph (c) as
follows:
Sec. 63.1435 Heat exchanger provisions.
* * * * *
(c) When the HON heat exchange system requirements in
Sec. 63.104(c)(3) specify the monitoring plan retention requirements,
and when Sec. 63.104(f)(1) refers to the record retention requirements
in Sec. 63.103(c)(1), the provisions of the general recordkeeping and
reporting requirements in Sec. 63.1439(a) and the applicable provisions
of the General Provisions in 40 CFR part 63, subpart A, as specified in
Table 1 of this subpart, shall apply for the purposes of this subpart.
* * * * *
18. Section 63.1437 is amended by revising paragraph (a)(1)
introductory text as follows:
Sec. 63.1437 Additional requirements for performance testing.
(a) * * *
[[Page 26502]]
(1) Performance tests shall be conducted according to the general
provisions' performance testing requirements in Sec. 63.7(e)(1) and
(2), except that for all emission sources except process vents from
batch unit operations, performance tests shall be conducted during
maximum representative operating conditions for the process achievable
during one of the time periods described in paragraph (a)(1)(i) of this
section, without causing any of the situations described in paragraph
(a)(1)(ii) or (iii) of this section to occur. For process vents from
batch unit operations, performance tests shall be conducted either at
absolute worst-case conditions or hypothetical worst-case conditions,
as defined in Sec. 63.1426(c)(3)(i)(B), that are achievable during one
of the time periods described in paragraph (a)(1)(i) of this section,
without causing any of the situations described in paragraph (a)(1)(ii)
or (iii) of this section to occur.
* * * * *
19. Section 63.1439 is amended by:
a. Revising paragraph (b)(1)(ii);
b. Revising paragraph (e)(3) introductory text;
c. Removing and reserving paragraph (e)(3)(ii)(A);
d. Revising paragraph (e)(5)(iv); and
e. Revising paragraph (e)(7).
The revisions read as follows:
Sec. 63.1439 General recordkeeping and reporting provisions.
* * * * *
(b) * * *
(1) * * *
(ii) Reports of start-up, shutdown, and malfunction. For the
purposes of this subpart, the semiannual start-up, shutdown, and
malfunction reports shall be submitted on the same schedule as the
Periodic Reports required under paragraph (e)(6) of this section
instead of according to the general provisions' Periodic Reporting
schedule specified in Sec. 63.10(d)(5)(i). The reports shall include
the information specified in Sec. 63.10(d)(5)(i).
* * * * *
(e) * * *
(3) Initial Notification. The owner or operator of a new affected
source shall submit a written Initial Notification to the Administrator
containing the information described in paragraph (e)(3)(i) of this
section according to the schedule in paragraph (e)(3)(ii) of this
section. The General Provisions' Initial Notification requirements in
Sec. 63.9(b)(2), (3), and (6) shall not apply for the purposes of this
subpart.
* * * * *
(5) * * *
(iv) The parameter monitoring levels for flexible operation units,
and the basis on which these levels were selected, or a demonstration
that these levels are appropriate at all times, as specified in
Sec. 63.1420(e)(5)(ii)(A).
* * * * *
(7) Other reports. Other reports shall be submitted as specified in
paragraphs (e)(7)(i) through (iii) of this section.
(i) For storage vessels, the notifications of inspections required
by Sec. 63.1432 shall be submitted, as specified in the HON storage
vessel provisions in Sec. 63.122(h)(1) and (2).
(ii) When the conditions at Sec. 63.1420(e)(3)(iii), (e)(9), or
(e)(10) are met, reports of changes to the primary product for a PMPU
or process unit, as required by Sec. 63.1420(e)(3)(iii), (e)(9), or
(e)(10)(iii), respectively, shall be submitted.
(iii) Owners or operators of PMPU or emission points (other than
equipment leak components subject to Sec. 63.1434) that are subject to
provisions for changes or additions to plant sites in
Sec. 63.1420(g)(1) or (2) shall submit a report as specified in
paragraphs (e)(7)(iii)(A) and (B) of this section.
(A) Reports shall include:
(1) A description of the process change or addition, as
appropriate;
(2) The planned start-up date and the appropriate compliance date,
according to Sec. 63.1420(g)(1) or (2); and
(3) Identification of the group status of emission points (except
equipment leak components subject to the requirements in Sec. 63.1434)
specified in paragraphs (e)(7)(iii)(A)(3)(i) through (iii) of this
section, as applicable.
(i) All the emission points in the added PMPU, as described in
Sec. 63.1420(g)(1).
(ii) All the emission points in an affected source designated as a
new affected source under Sec. 63.1420(g)(2)(i).
(iii) All the added or created emission points as described in
Sec. 63.1420(g)(2)(ii) or (iii).
(4) If the owner or operator wishes to request approval to use
alternative monitoring parameters, alternative continuous monitoring or
recordkeeping, alternative controls, or wishes to establish parameter
monitoring levels according to the procedures contained in
Sec. 63.1438(c) or (d), a Precompliance Report shall be submitted in
accordance with paragraph (e)(7)(iii)(B) of this section.
(B) Reports shall be submitted as specified in paragraphs
(e)(7)(iii)(B)(1) through (3) of this section, as appropriate.
(1) Owners or operators of an added PMPU subject to
Sec. 63.1420(g)(1) shall submit a report no later than 180 days prior
to the compliance date for the PMPU.
(2) Owners or operators of an affected source designated as a new
affected source under Sec. 63.1420(g)(2)(i) shall submit a report no
later than 180 days prior to the compliance date for the affected
source.
(3) Owners and operators of any emission point (other than
equipment leak components subject to Sec. 63.1434) subject to
Sec. 63.1420(g)(2)(ii) or (iii) shall submit a report no later than 180
days prior to the compliance date for those emission points.
* * * * *
20. Tables 1, 4, and 8 to subpart PPP of part 63 are revised as
follows:
Table 1 of Subpart PPP.--Applicability of General Provisions to Subpart PPP Affected Sources
----------------------------------------------------------------------------------------------------------------
Reference Applies to subpart PPP Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)................................... Yes............................. Sec. 63.1423 specifies
definitions in addition to or
that supersede definitions in
Sec. 63.2.
63.1(a)(2)................................... Yes.
63.1(a)(3)................................... Yes............................. Sec. 63.1422(f) through (k) of
this subpart and Sec.
63.160(b) identify those
standards which overlap with
the requirements of subparts
PPP and H and specify how
compliance shall be achieved.
63.1(a)(4)................................... Yes............................. Subpart PPP (this table)
specifies the applicability of
each paragraph in subpart A to
subpart PPP.
63.1(a)(5)................................... No.............................. Reserved.
63.1(a)(6)-(8)............................... Yes.
63.1(a)(9)................................... No.............................. Reserved.
63.1(a)(10).................................. Yes.
[[Page 26503]]
63.1(a)(11).................................. Yes.
63.1(a)(12)-(14)............................. Yes.
63.1(b)(1)................................... No.............................. Sec. 63.1420(a) contains
specific applicability
criteria.
63.1(b)(2)................................... Yes.
63.1(b)(3)................................... Yes.
63.1(c)(1)................................... Yes............................. Subpart PPP (this table)
specifies the applicability of
each paragraph in subpart A to
subpart PPP.
63.1(c)(2)................................... No.............................. Area sources are not subject to
subpart PPP.
63.1(c)(3)................................... No.............................. Reserved.
63.1(c)(4)................................... Yes.
63.1(c)(5)................................... Yes............................. Except that affected sources
are not required to submit
notifications overridden by
this table.
63.1(d)...................................... No.............................. Reserved.
63.1(e)...................................... Yes.
63.2......................................... Yes............................. Sec. 63.1423 specifies those
subpart A definitions that
apply to subpart PPP.
63.3......................................... Yes.
63.4(a)(1)-(3)............................... Yes.
63.4(a)(4)................................... No.............................. Reserved.
63.4(a)(5)................................... Yes.
63.4(b)...................................... Yes.
63.4(c)...................................... Yes.
63.5(a)(1)................................... Yes............................. Except the terms ``source'' and
``stationary source'' should
be interpreted as having the
same meaning as ``affected
source.''
63.5(a)(2)................................... Yes.
63.5(b)(1)................................... Yes............................. Except Sec. 63.1420(g) defines
when construction or
reconstruction is subject to
new source standards.
63.5(b)(2)................................... No.............................. Reserved.
63.5(b)(3)................................... Yes.
63.5(b)(4)................................... Yes............................. Except that the initial
notification requirements in
Sec. 63.1439(e)(3) shall
apply instead of the
requirements in Sec. 63.9(b).
63.5(b)(5)................................... Yes.
63.5(b)(6)................................... Yes............................. Except that Sec. 63.1420(g)
defines when construction or
reconstruction is subject to
the new source standards.
63.5(c)...................................... No.............................. Reserved.
63.5(d)(1)(i)................................ Yes.
63.5(d)(1)(ii)............................... Yes............................. Except that Sec.
63.5(d)(1)(ii)(H) does not
apply.
63.5(d)(1)(iii).............................. No.............................. Sec. 63.1439(e)(5) and Sec.
63.1434(e) specify
notification of compliance
status requirements.
63.5(d)(2)................................... No.
63.5(d)(3)................................... Yes............................. Except Sec. 63.5(d)(3)(ii)
does not apply, and equipment
leaks subject to Sec. 63.1434
are exempt.
63.5(d)(4)................................... Yes.
63.5(e)...................................... Yes.
63.5(f)(1)................................... Yes.
63.5(f)(2)................................... Yes............................. Except that where Sec.
63.9(b)(2) is referred to, the
owner or operator need not
comply.
63.6(a)...................................... Yes.
63.6(b)(1)................................... Yes.
63.6(b)(2)................................... Yes.
63.6(b)(3)................................... Yes.
63.6(b)(4)................................... Yes.
63.6(b)(5)................................... Yes.
63.6(b)(6)................................... No.............................. Reserved.
63.6(b)(7)................................... No.
63.6(c)(1)................................... Yes............................. Sec. 63.1422 specifies the
compliance date.
63.6(c)(2)................................... No.
63.6(c)(3)................................... No.............................. Reserved.
63.6(c)(4)................................... No.............................. Reserved.
63.6(c)(5)................................... Yes.
63.6(d)...................................... No.............................. Reserved.
63.6(e)...................................... Yes............................. Except as otherwise specified
for individual paragraphs
(below), and Sec. 63.6(e)
does not apply to Group 2
emission points.
63.6(e)(1)(i)................................ No.............................. This is addressed by Sec.
63.1420(h)(4).
63.6(e)(1)(ii)............................... Yes.
63.6(e)(1)(iii).............................. Yes.
63.6(e)(2)................................... Yes.
63.6(e)(3)(i)................................ Yes............................. For equipment leaks (subject to
Sec. 63.1434), the start-up,
shutdown, and malfunction plan
requirement of Sec.
63.6(e)(3)(i) is limited to
combustion, recovery, or
recapture devices and is
optional for other equipment.
The start-up, shutdown, and
malfunction plan may include
written procedures that
identify conditions that
justify a delay of repair.\a\
63.6(e)(3)(i)(A)............................. Yes............................. This is also addressed by Sec.
63.1420(h)(4).
63.6(e)(3)(i)(B)............................. Yes.
63.6(e)(3)(i)(C)............................. Yes.
63.6(e)(3)(ii)............................... Yes.
[[Page 26504]]
63.6(e)(3)(iii).............................. No.............................. Recordkeeping and reporting are
specified in Sec.
63.1439(b)(1).
63.6(e)(3)(iv)............................... No.............................. Recordkeeping and reporting are
specified in Sec.
63.1439(b)(1).
63.6(e)(3)(v)................................ No.............................. Requirement is specified in
Sec. 63.1439(b)(1).
63.6(e)(3)(vi)............................... Yes.
63.6(e)(3)(vii).............................. Yes.
63.6(e)(3)(vii) (A).......................... Yes.
63.6(e)(3)(vii) (B).......................... Yes............................. Except the plan shall provide
for operation in compliance
with Sec. 63.1420(i)(4).
63.6(e)(3)(vii) (C).......................... Yes.
63.6(e)(3)(viii)............................. Yes.
63.6(f)(1)................................... Yes.
63.6(f)(2)................................... Yes............................. Except 63.7(c), as referred to
in Sec. 63.6(f)(2)(iii)(D)
does not apply, and except
that Sec. 63.6(f)(2)(ii) does
not apply to equipment leaks
subject to Sec. 63.1434.
63.6(f)(3)................................... Yes.
63.6(g)...................................... Yes.
63.6(h)...................................... No.............................. Subpart PPP does not require
opacity and visible emission
standards.
63.6(i)(1)................................... Yes.
63.6(i)(2)................................... Yes.
63.6(i)(3)................................... Yes.
63.6(i)(4)(i)(A)............................. Yes.
63.6(i)(4)(i)(B)............................. No.............................. Dates are specified in Sec.
63.1422(e) and Sec.
63.1439(e)(4)(i) for all
emission points except
equipment leaks, which are
covered under Sec.
63.182(a)(6)(i).
63.6(i)(4)(ii)............................... No.
63.6(i)(5)-(14).............................. Yes.
63.6(i)(15).................................. No.............................. Reserved.
63.6(i)(16).................................. Yes.
63.6(j)...................................... Yes.
63.7(a)(1)................................... Yes.
63.7(a)(2)................................... No.............................. Sec. 63.1439(e) (5) and (6)
specify the submittal dates of
performance test results for
all emission points except
equipment leaks; for equipment
leaks, compliance
demonstration results are
reported in the Periodic
Reports.
63.7(a)(3)................................... Yes.
63.7(b)...................................... No.............................. Sec. 63.1437(a)(4) specifies
notification requirements.
63.7(c)...................................... No.............................. Except if the owner or operator
chooses to submit an
alternative nonopacity
emission standard for approval
under Sec. 63.6(g).
63.7(d)...................................... Yes.
63.7(e)(1)................................... Yes............................. Except that all performance
tests shall be conducted
during worst case operating
conditions.
63.7(e)(2)................................... Yes.
63.7(e)(3)................................... No.............................. Subpart PPP specifies
requirements.
63.7(e)(4)................................... Yes.
63.7(f)...................................... Yes............................. Since a site-specific test plan
is not required, the
notification deadline in Sec.
63.7(f)(2)(i) shall be 60 days
prior to the performance test,
and in Sec. 63.7(f)(3)
approval or disapproval of the
alternative test method shall
not be tied to the site-
specific test plan.
63.7(g)...................................... Yes............................. Except the notification of
compliance status report
requirements in Sec.
63.1439(e)(5) shall apply
instead of those in Sec.
63.9(h). In addition,
equipment leaks subject to
Sec. 63.1434 are not required
to conduct performance tests.
63.7(h)...................................... Yes............................. Except Sec. 63.7(h)(4)(ii) is
not applicable, since the site-
specific test plans in Sec.
63.7(c)(2) are not required.
63.8(a)(1)................................... Yes.
63.8(a)(2)................................... No.
63.8(a)(3)................................... No.............................. Reserved.
63.8(a)(4)................................... Yes.
63.8(b)(1)................................... Yes.
63.8(b)(2)................................... No.............................. Subpart PPP specifies locations
to conduct monitoring.
63.8(b)(3)................................... Yes.
63.8(c)(1)................................... Yes.
63.8(c)(1)(i)................................ Yes.
63.8(c)(1)(ii)............................... No.............................. For all emission points except
equipment leaks, comply with
Sec. 63.1439(b)(1)(i)(B);
for equipment leaks, comply
with Sec. 63.181(g)(2)(ii).
63.8(c)(1)(iii).............................. Yes.
63.8(c)(2)................................... Yes.
63.8(c)(3)................................... Yes.
63.8(c)(4)................................... No.............................. Sec. 63.1438 specifies
monitoring requirements; not
applicable to equipment leaks,
because Sec. 63.1434 does not
require continuous monitoring
systems.
63.8(c)(5)-(8)............................... No.
63.8(d)...................................... No.
63.8(e)...................................... No.
63.8(f)(1)-(3)............................... Yes.
63.8(f)(4)(i)................................ Yes............................. Except the timeframe for
submitting request is
specified in Sec. 63.1439(f)
or (g); not applicable to
equipment leaks, because Sec.
63.1434 (through subpart H of
this part) specifies
acceptable alternative
methods.
[[Page 26505]]
63.8(f)(4)(ii)............................... Yes.
63.8(f)(4)(iii).............................. Yes.
63.8(f)(5)(i)................................ Yes.
63.8(f)(5)(ii)............................... No.
63.8(f)(5)(iii).............................. Yes.
63.8(f)(6)................................... No.............................. Subpart PPP does not require
CEMs.
63.8(g)...................................... No.............................. Data reduction procedures
specified in Sec. 63.1439(d)
and (h); not applicable to
equipment leaks.
63.9(a)...................................... Yes.
63.9(b)...................................... No.............................. The initial notification
requirements are specified in
Sec. 63.1439(e)(3).
63.9(c)...................................... Yes.
63.9(d)...................................... Yes.
63.9(e)...................................... No.............................. Sec. 63.1437(a)(4) specifies
notification deadline.
63.9(f)...................................... No.............................. Subpart PPP does not require
opacity and visible emission
standards.
63.9(g)...................................... No.
63.9(h)...................................... No.............................. Sec. 63.1439(e)(5) specifies
notification of compliance
status requirements.
63.9(i)...................................... Yes.
63.9(j)...................................... No.
63.10(a)..................................... Yes.
63.10(b)(1).................................. No.............................. Sec. 63.1439(a) specifies
record retention requirements.
63.10(b)(2).................................. No.............................. Subpart PPP specifies
recordkeeping requirements.
63.10(b)(3).................................. Yes.
63.10(c)..................................... No.............................. Sec. 63.1439 specifies
recordkeeping requirements.
63.10(d)(1).................................. Yes.
63.10(d)(2).................................. No.............................. Sec. 63.1439(e)(5) and (6)
specify performance test
reporting requirements; not
applicable to equipment leaks.
63.10(d)(3).................................. No.............................. Subpart PPP does not require
opacity and visible emission
standards.
63.10(d)(4).................................. Yes.
63.10(d)(5)(i)............................... Yes............................. Except that reports required by
Sec. 63.10(d)(5)(i) shall be
submitted at the same time as
Periodic Reports specified in
Sec. 63.1439(e)(6). The start-
up, shutdown, and malfunction
plan, and any records or
reports of start-up, shutdown,
and malfunction do not apply
to Group 2 emission points.
63.10(d)(5)(ii).............................. No.
63.10(e)..................................... No.............................. Sec. 63.1439 specifies
reporting requirements.
63.10(f)..................................... Yes.
63.11........................................ Yes.
63.12........................................ Yes............................. Except that the authority of
Sec. 63.177 (for equipment
leaks) will not be delegated
to States.
63.13-63.15.................................. Yes.
----------------------------------------------------------------------------------------------------------------
\a\ The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission
points.
* * * * *
Table 4 of Subpart PPP.--Known Organic HAP From Polyether Polyol
Products
------------------------------------------------------------------------
Organic HAP/chemical name [CAS No.]
-------------------------------------------------------------------------
1,3 Butadiene
(106990)
------------------------------------------------------------------------
Epichlorohydrin
(106898)
------------------------------------------------------------------------
Ethylene Oxide
(75218)
------------------------------------------------------------------------
n-Hexane
(110543)
------------------------------------------------------------------------
Methanol
(67561)
------------------------------------------------------------------------
Propylene Oxide
(75569)
------------------------------------------------------------------------
Toluene
(108883)
------------------------------------------------------------------------
CAS No. = Chemical Abstracts Service Registry Number.
* * * * *
[[Page 26506]]
Table 8 to Subpart PPP.--Routine Reports Required by This Subpart
------------------------------------------------------------------------
Description of
Reference report Due date
------------------------------------------------------------------------
Sec. 63.1439(b) and subpart Refer to Sec. Refer to subpart A
A of this part. 63.1439(b), Table 1 of this part.
of this subpart,
and to subpart A of
this part.
Sec. 63.1439(e)(3)......... Initial notification New affected sources
w/ initial start-up
at least 90 days
after June 1, 1999:
submit the
application for
approval of
construction or
reconstruction in
lieu of the initial
notification
report.
New affected sources
w/ initial start-up
prior to 90 days
after June 1,
1999:by 90 days
after June 1, 1999.
Sec. 63.1439(e)(4)......... Precompliance Report Existing affected
a. sources: 12 months
prior to compliance
date.
New affected
sources: with the
application for
approval of
construction or
reconstruction.
Sec. 63.1439(e)(5)......... Notification of Within 150 days
Compliance Status b. after the
compliance date.
Sec. 63.1439(e)(6)......... Periodic Reports.... Semiannually, no
later than 60 days
after the end of
each 6-month
period. See Sec.
63.1439(e)(6)(i)
for the due date
for this report.
Sec. 63.1439(e)(6)(iii).... Quarterly reports No later than 60
for sources with days after the end
excursions (upon of each quarter.
request of the
Administrator).
Sec. 63.506(e)(7)(i)....... Storage Vessels At least 30 days
Notification of prior to the
Inspection. refilling of each
storage vessel or
the inspection of
each storage
vessel.
------------------------------------------------------------------------
a There may be two versions of this report due at different times; one
for equipment subject to Sec. 63.1434 and one for other emission
points subject to this subpart.
b There will be two versions of this report due at different times; one
for equipment subject to Sec. 63.1434 and one for other emission
points subject to this subpart.
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[FR Doc. 00-10418 Filed 5-5-00; 8:45 am]
BILLING CODE 6560-50-P