[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 38030-38146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11418]
[[Page 38029]]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Group I
Polymers and Resins; and National Emission Standards for Hazardous Air
Pollutants: Group IV Polymers and Resins; Final Rule
Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules
and Regulations
[[Page 38030]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6585-7]
RIN 2060-AH47
National Emission Standards for Hazardous Air Pollutants: Group I
Polymers and Resins; and National Emission Standards for Hazardous Air
Pollutants: Group IV Polymers and Resins
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rules; amendments.
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SUMMARY: On September 5, 1996 and September 12, 1996, the EPA
promulgated national emission standards for hazardous air pollutants
(NESHAP) for Group I Polymers and Resins and the NESHAP for Group IV
Polymers and Resins, respectively. In November 1996, petitions for
review of the September 1996 Polymers and Resins I and IV rules were
filed in the U.S. Court of Appeals for the District of Columbia
Circuit. The petitioners raised numerous technical issues and concerns
with these rules. In addition, on January 17, 1997, amendments to the
Synthetic Organic Chemical Manufacturing Industry NESHAP (i.e., the
Hazardous Organic NESHAP, or HON) were promulgated; the HON is heavily
referenced by both of the Polymers and Resins I and IV NESHAP. On March
9, 1999, the EPA proposed amendments to the Polymers and Resins I and
IV NESHAP to address the issues raised by the petitioners and to update
the rules as necessitated by the HON amendments. This document takes
final action on those proposed amendments.
EFFECTIVE DATE: June 19, 2000.
ADDRESSES: Docket number A-92-44 for the Group I Polymers and Resins
NESHAP and Docket number A-92-45 for the Group IV Polymers and Resins
NESHAP 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: For information concerning these final
rule amendments, contact Mr. Robert Rosensteel, Organic Chemicals
Group, Emission Standards Division (MD-13), Office of Air Quality
Planning and Standards, U.S. EPA, Research Triangle Park, North
Carolina 27711, telephone number (919) 541-5608, facsimile number (919)
541-3470, electronic mail address [email protected]. For
information concerning applicability and rule determinations, contact
your State or local representative or the appropriate EPA Regional
Office representatives.
SUPPLEMENTARY INFORMATION: Following is a listing of EPA Regional
contacts.
EPA Regional Office Contacts
Director, Office of Environmental Stewardship
Attn: Air Compliance Clerk
U.S. EPA Region I, 1 Congress Street, Suite 1100 (SEA), Boston,
MA 02114-2023, (617) 918-1740
Umesh Dholakia
U.S. EPA Region II, 290 Broadway Street, New York, NY 10007-
1866, (212) 637-4023
Doreen Au
U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103,
(215) 814-5471
Lee Page
U.S. EPA Region IV, 61 Forsyth Street, SW, Atlanta, GA 30303-
3104, (404) 562-9131
Shaun Burke, IL/IN, (312) 353-5713
Joseph Cardile, MI/WI, (312) 353-2151
Erik Hardin, MN/OH, (312) 353-2402
U.S. EPA Region V, 77 West Jackson Boulevard, Chicago, IL 60604-
3507
John Jones
U.S. EPA Region VI, 1445 Ross Avenue, Suite 1200 (6EN-AT),
Dallas, TX 75202, (214) 665-7233
Gary Schlicht
U.S. EPA Region VII, 726 Minnesota Avenue, Kansas City, KS
66101, (913) 551-7097
Tami Thomas-Burton
U.S. EPA Region VIII, 999 18th Street, Suite 500, Denver, CO
80202, (303) 312-6581
Ken Bigos
U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA
94105, (415) 744-1240
Dan Meyer
U.S. EPA Region X, 1200 Sixth Street, Seattle, WA 98101, (206)
553-4150
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. Alternatively, docket indexes are available
by facsimile, as described on the Office of Air and Radiation, Docket
and Information Center Website at http://www.epa.gov/oar/docket. A
reasonable fee may be charged for copying docket materials.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule will be available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of the rule will be posted on the TTN's policy and guidance page
for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg.
The TTN 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. The regulated category and entities affected by
this action include:
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Standard
Industrial
Category Classification (NAICS) Examples of regulated entities
(SIC) Codes
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Industry...................... 2821, 2822....... 325211, 325212... Butyl Rubber, Halobutyl Rubber,
Epichlorohydrin Elastomer, Ethylene
Propylene Rubber, HypalonTM, Neoprene,
Nitrile Butadiene Rubber, Nitrile
Butadiene Latex, Polybutadiene Rubber,
Styrene-Butadiene Rubber or Latex,
Acrylonitrile Butadiene Styrene Resin,
Styrene Acrylonitrile Resin, Methyl
Methacrylate Acrylonitrile Butadiene
Styrene Resin, Methyl Methacrylate
Butadiene Styrene Resin, Poly(ethylene
terephthalate) Resin, Polystyrene Resin,
and Nitrile Resin producers.
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[[Page 38031]]
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 this action. To determine whether your facility
is regulated by this action, you should carefully examine all of the
applicability criteria in Sec. 63.480 of the Polymers and Resins I rule
and Sec. 63.1310 of the Polymers and Resins IV rule. If you have any
questions regarding the applicability of these amendments to a
particular entity, consult your State or local representative or the
appropriate EPA Regional Office representatives listed in the preceding
FOR FURTHER INFORMATION CONTACT section.
Judicial Review. Amendments to Polymers and Resins I and IV NESHAP
were proposed on March 9, 1999 (64 FR 11560). This action announces the
EPA's final decisions on the rules. Under section 307(b)(1) of the CAA,
judicial review of final rules is available by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit August 18, 2000. Under section 307(b)(2) of CAA, the
requirements that are the subject of these final amendments may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. What is the background of these rules?
II. What types of public comments were received on the March 9, 1999
proposal?
III. What major issues were raised in the public comments and what
changes were made for the final amendments?
A. Compliance Dates
B. Flexible Operation Unit Applicability Provisions
C. Definitions
D. Additions to Existing Affected Sources
E. Halogenated Batch Process Vents
F. PET and Polystyrene Continuous Process Vents
G. Start-up, Shutdown, and Malfunction and Periods of
Nonoperation
H. Organic HAP Lists
I. Other Clarifications
IV. What are the administrative requirements for these final
amendments?
A. Executive Order 12866
B. Executive Order 13132
C. Executive Order 13084
D. Executive Order 13045
E. Unfunded Mandates Reform Act
F. Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act
I. Congressional Review Act
I. What is the Background of These Rules?
On September 5, 1996 (61 FR 46906) and September 12, 1996 (61 FR
48208), we issued NESHAP for Group I Polymers and Resins (40 CFR part
63, subpart U) and Group IV Polymers and Resins (40 CFR part 63,
subpart JJJ), respectively. On August 26, 1996 (61 FR 43698), prior to
the promulgation of subparts U and JJJ, we proposed amendments to the
HON, which subparts U and JJJ both reference. Subparts U and JJJ were
modeled after the HON due to similarities in emission characteristics
and emission controls at HON and Polymers and Resins affected sources.
On November 4, 1996, the Dow Chemical Company (Dow) filed petitions
for review of the promulgated Polymers and Resins I and IV NESHAP in
the U.S. Court of Appeals for the District of Columbia Circuit, The Dow
Chemical Company v. EPA, 96-1417 and 96-1421 (D.C. Cir.). Dow raised
over 280 technical issues on the rules' structure and applicability,
including questions about the applicability of the HON amendments to
subparts U and JJJ. Dow raised issues regarding details of the
technical requirements, drafting clarity, and structural errors in the
drafting of certain sections of the rules. On October 30, 1996, the
Union Carbide Corporation filed a petition for review of the
promulgated Polymers and Resins I NESHAP in the U.S. Court of Appeals
for the District of Columbia Circuit, Union Carbide Corporation v. EPA,
96-1413 and Consolidated Cases (D.C. Cir.).
On March 9, 1999 (64 FR 11561), we proposed amendments to subparts
U and JJJ to incorporate the concepts and new references related to the
promulgated HON amendments and to propose changes pursuant to
settlements reached with industry. In this action, we are promulgating
the amendments proposed on March 9, 1999.
In addition to these final amendments to subparts U and JJJ, other
actions taken to amend various aspects of subparts U and JJJ since the
original promulgation of these rules in September of 1996 include the
following Federal Register notices: January 14, 1997 (62 FR 1835),
equipment leaks compliance date extension for both rules; June 6, 1997
(62 FR 30993), equipment leaks compliance date extension for
poly(ethylene terephthalate) (PET) resin affected sources; July 15,
1997 (62 FR 37720), minor corrections and clarifications to the rules;
February 27, 1998 (63 FR 9944), change in the effective date of the
rule for subpart JJJ to February 27, 1998; March 31, 1998 (63 FR
15312), a temporary compliance extension until February 27, 2001 for
existing affected sources producing PET using the continuous
terephthalic acid (TPA) high viscosity multiple end finisher process;
December 9, 1998 (63 FR 67879), notification of a proposed partial
settlement; March 9, 1999 (64 FR 11536), clarifications and corrections
to the promulgated rules; May 7, 1999 (64 FR 24511), withdrawal, as a
result of adverse comments, of one amendment from the amendments in the
March 9, 1999 direct final rule; June 8, 1999 (64 FR 30406), equipment
leaks compliance date extension for new and existing affected sources
producing PET; June 8, 1999 (64 FR 30456), proposed denial of petition
for reconsideration of the equipment leak requirements in subpart JJJ;
and June 30, 1999 (64 FR 35023), indefinite stay of the compliance
dates for certain provisions under subparts U and JJJ.
II. What Types of Public Comments Were Received on the March 9,
1999 Proposal?
We received six public comment letters on the March 9, 1999
proposed amendments. All comment letters were from industry
representatives. The comment letters generally supported the proposed
amendments, but also suggested clarifications and corrections to the
proposed amendments. We considered these comments and, where
appropriate, made changes to the proposed amendments. This preamble
summarizes significant issues raised and the changes to the proposed
amendments. Our response to all comments can be found in National
Emission Standards for Hazardous Air Pollutants for Polymers and Resins
(Groups I and IV): Summary of Public Comments and Responses on Proposed
Amendments, EPA-453/R-99-001. This document may be found in both
dockets.
III. What Major Issues Were Raised in the Public Comments and What
Changes Were Made for the Final Amendments?
As noted above, these final amendments incorporate the concepts and
new references in response to the promulgated HON amendments and
include changes related to settlement negotiations with industry. In
addition to a number of clarifications and reference changes, the
amendments include changes to the applicability provisions for flexible
operation units, the batch process vent group determination procedures,
and the reporting and recordkeeping requirements. We believe that these
[[Page 38032]]
changes provide additional clarity to the rules. In the preamble to the
March 9, 1999 proposed amendments, we provided a detailed explanation
of the proposed amendments. The following discussion summarizes the
major public comments on the proposed amendments and significant
changes made in response to these comments.
A. Compliance Dates
Due to the extensive nature of the proposed amendments and the
proximity of the proposed amendments to the September 1999 compliance
dates (September 5 for subpart U and September 12 for subpart JJJ),
several commenters requested an extension of the compliance dates for
existing sources. They indicated that due to the proposed amendments,
they would have to re-evaluate applicability, compliance status, and
the basis for demonstrating compliance. As discussed in the preamble to
the proposed amendments (64 FR 11573), we were aware of the possibility
that specific proposed amendments might affect the compliance status of
one or more facilities. We specifically requested comments on this
issue, along with specific examples of the proposed rule changes that
could cause a facility to be out of compliance.
After review of the comments submitted in response to that request
and the specific proposed rule examples provided, we decided that
setting a new compliance date for the amended rule was warranted.
Therefore, on June 30, 1999, we published a direct final rule in the
Federal Register (64 FR 35023) which stayed certain compliance dates
``indefinitely.'' That stay was effective August 30, 1999.
Specifically, that action stayed the existing source compliance dates
for storage vessels, process vents, back-end process operations
(subpart U only), heat exchange systems, and wastewater. That stay did
not impact the equipment leaks at any facility or the process contact
cooling tower provisions at facilities that produce PET using a
continuous terephthalic acid high viscosity multiple end finisher
process. That action also stayed the compliance date for all emission
sources at new affected sources that had an initial start-up date on or
after March 9, 1999.
In the June 30, 1999 Federal Register document, we indicated that
we would publish new compliance dates, which would provide a reasonable
amount of time in which to comply with the amended regulations, when we
promulgated the final amendments to the regulations. As pointed out by
the commenters, many of the proposed rule changes that may affect
compliance are related to the provisions that are used to determine
whether controls are required for a particular emission point. In
addition, we recognized that a change in compliance date also affects
certain reports that the promulgated rules required to be submitted
prior to the compliance date (discussed below). One commenter suggested
a compliance date of at least 9 months after promulgation of the
amendments. However, we did not believe that 9 months was a sufficient
time period to allow for (1) the re-evaluation of whether controls are
required by the owner or operator, (2) the submission of reports that
are due prior to the compliance date, and (3) the review of these
reports by the Administrator. We concluded that 1 year was a reasonable
amount of time for accomplishment of these activities.
Therefore, the final amendments require that existing affected
sources comply with the nonequipment leak requirements by June 19,
2001. The final amendments also require, in accordance with the CAA,
that all new affected sources comply with the amended regulations on
June 19, 2000, or at initial start-up, whichever is later. Note: New
affected sources that produce PET as their primary product are not
required to comply with the equipment leak provisions in Sec. 63.1331
until February 27, 2001 or at initial start-up, whichever is later.
The promulgated rules require the owner or operator to submit two
reports, the precompliance report and the emissions averaging plan (if
applicable), prior to the compliance date. The promulgated rules
originally required the owner or operator to submit these reports prior
to the publication of the proposed amendments on March 9, 1999. We
believe that facilities should have the opportunity to submit, or
resubmit, these reports after evaluating the final amendments.
Therefore, the final amendments change the required submission date of
the emissions averaging plan to September 19, 2000 (9 months before the
compliance date) and the due date of the precompliance report to
December 19, 2000 (6 months before the compliance date). Even if a
facility does not need to make changes to an emissions averaging plan
or precompliance report previously submitted, the facility must either
resubmit the plan or report, or submit a notification that the
previously submitted plan or report is still valid. This will avoid any
confusion regarding your intention.
In another compliance date issue, a commenter requested that the
EPA change the compliance date for new emission points and newly
created Group 1 emission points to 120 days after the initial start-up,
rather than the proposed requirement that such points be in compliance
at initial start-up. Upon consideration of the comments, we agree that
time may be necessary to evaluate the actual impact of a process change
after initial start-up in some instances. Therefore, the final rule
requires that new emission points and newly created Group 1 emission
points be in compliance with the existing source requirements within
120 days of initial start-up.
B. Flexible Operation Unit Applicability Provisions
The promulgated rules specify that the owner or operator must
redetermine the primary product of a flexible operation unit (based on
actual previous production) whenever changes in products occur that
could reasonably be expected to change the primary product. If the
primary product indeed changes, then the process unit would no longer
be subject to subpart U or JJJ if the new primary product makes the
process unit subject to another subpart of 40 CFR part 63 (i.e.,
another maximum achievable control technology (MACT) standard). If the
new primary product does not make the process unit subject to another
MACT standard, then the process unit must continue to comply with
subpart U or JJJ, provided that the production of elastomer/
thermoplastic continues. One commenter objected to the idea that the
owner or operator of an elastomer product process unit (EPPU) or
thermoplastic product process unit (TPPU) that has been operating as a
flexible operation unit must continue to comply with subpart U or JJJ,
even when an elastomer/thermoplastic product is no longer the primary
product of the flexible operation unit.
If we had incorporated the commenter's suggestion, a major source
could have continued to produce a product covered by a MACT standard
(i.e., an elastomer or thermoplastic) and emit hazardous air pollutants
(HAP) but not be subject to any requirements to reduce those HAP
emissions. Therefore, controls used to reduce HAP might be removed. We
believe that such a situation is contrary to the intent of section 112
of the CAA; therefore, we did not change the final rule in response to
this comment.
We did make a clarification to the proposed flexible operation unit
applicability provisions with regard to annual redeterminations. This
change clarifies that annual applicability determinations are not
required for flexible operation units in which the
[[Page 38033]]
owner or operator does not intend to produce elastomer/thermoplastic in
the future.
C. Definitions
We revised several proposed definitions in response to comments.
The proposed addition of a definition of net positive heating value was
an attempt to provide additional clarification to the definition of
recovery device, which uses the term net positive heating value. After
review of the comments, we concluded that a single all-inclusive
definition that works for this term was not possible, and we removed
the entire term from the final amendments. Therefore, you must be able
to demonstrate, in engineering terms appropriate to each individual
situation, that a recovered stream has net positive heating value.
A commenter pointed out that the proposed definition of
supplemental combustion air could be interpreted to require application
of the oxygen correction factor when a facility adds air to exhaust
streams controlled by catalytic oxidizers to ensure proper operation
and to prevent damage to the catalyst bed. We agree a facility should
not consider air added to ensure proper operation and to avoid damage
to a catalytic oxidizer to be supplemental combustion air; therefore,
the definition of supplemental combustion air in the final amendments
includes an additional sentence clarifying this point.
We agree with a commenter that the proposed definition of stripping
in subpart U used language that excluded certain operations,
specifically drum dryers which have devolatilization as their primary
purpose. Therefore, the final definition of stripping clarifies that
processes that occur in dryers with the primary purpose of
devolatilization are considered to be stripping.
We also agree with commenters that the proposed change to the
definition of elastomer product in subpart U, which separated
polybutadiene rubber by solution and styrene butadiene rubber by
solution into two different products, was not appropriate. At the
majority of facilities, these two polymers are produced in the same
process. Further, in the solution process that is used at these
facilities, the HAP emissions are primarily from the use of the
solvent, not the reactants, which means that there is little difference
in emissions between the two products. In fact, total HAP emissions
were usually reported for the entire facility and not for the
individual products, so we originally developed the back-end process
operation limitations based on the emissions from both of these
polymers. Therefore, we recombined these polymers as a single elastomer
product in the final amendments.
Changes were also made to the definition of material recovery
section in subpart JJJ to clarify that contact and non-contact
condensers removing ethylene glycol from vapor streams coming out of
polymerization vessels are part of the polymerization reaction section.
D. Additions to Existing Affected Sources
The proposed definition of reconstruction and the proposed
provisions that applied the definition of reconstruction
(Secs. 63.480(i)(2)(i) and 63.1310(i)(2)(i)) were inconsistent. To
summarize, the proposed Secs. 63.480(i)(2)(i) and 63.1310(i)(2)(i)
stated that if a facility made any process change or addition that met
the definition of reconstruction after June 5, 1995 (June 12, 1995 for
subpart JJJ), the source is a new affected source. However, the
proposed definition of reconstruction in Secs. 63.482 and 63.1312 only
addressed the replacement, and not the addition, of components. One
commenter suggested that we amend the definition of reconstruction to
also include additions.
The general provisions for part 63 clearly separate replacements
from additions. The definition of reconstruction in the general
provisions only addresses the replacement of components, while
Sec. 63.5(b)(6) of the general provisions addresses additions. In the
proposed language for Secs. 63.480(i)(2)(i) and 63.1310(i)(2)(i), we
combined these two concepts, thus creating confusion and making them
inconsistent with our policies regarding replacements and additions.
Therefore, rather than amend the definition of reconstruction in
Secs. 63.482 and 63.1312, we revised the provisions in
Secs. 63.480(i)(2) and 63.1312(i)(2) to clearly distinguish how a
facility is to handle replacements of components and additions. 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 owner or operator makes an
addition to an existing affected source, then the addition becomes part
of the existing affected source.
E. Halogenated Batch Process Vents
The purpose of the halogenated vent provisions is to reduce the
hydrogen halides that are created when halogenated organic compounds
are routed to a combustion device. Therefore, the important location
for determining whether a vent stream is halogenated is prior to the
stream entering a combustion device. The location specified in both
subparts U and JJJ for making batch vent group determinations is at the
exit of the batch unit operation (i.e., before any recovery, recapture,
or combustion device). Therefore, any reduction in the mass emission
rate of halogen atoms that occurs in a recovery or recapture device
would not be taken into account. A commenter requested that the rules
allow the determination of the concentration of each organic compound
containing halogen atoms at the recovery device or process discharge
for the purposes of determining the halogenated status of a vent
stream. We agree with the commenter. We have changed the rules to
specify that an owner or operator must determine the concentration of
each organic compound containing halogen atoms at the exit of the last
recovery or recapture device.
F. PET and Polystyrene Continuous Process Vents
Continuous process vents at PET and polystyrene affected sources
are subject to emission limitations that apply to all process vents in
entire sections (i.e., material recovery section, polymerization
reaction section) of the process unit. This differs from the
requirements for other continuous process vents which are subject to
control requirements based on the group status of individual process
vents.
One commenter requested that the rule exempt process vents at PET
and polystyrene affected sources subject to these section-specific
emission limitations from certain control, testing, and recordkeeping
requirements if they meet the Group 2 criteria. However, since the
concept of group status does not apply for these process vents, we did
not make changes in response to these comments. We believe that the
emission limitations for process vents in the applicable sections,
which were determined to be the MACT floor for the applicable
subcategories, provide an owner or operator with various compliance
demonstration options, including a kilogram of HAP per megagram of
product limit, which allow the owner or operator to choose which
process vents to control.
Paragraph Sec. 63.1313(b) of subpart JJJ addresses the control of
combined streams. One commenter believed that these provisions do not
adequately address how to handle process vents in sections of PET and
polystyrene facilities that are subject to the requirements in
Secs. 63.1316 through
[[Page 38034]]
63.1320 and other combined streams that do not include Group 1 emission
streams. The commenter suggests using the Total Resource Effectiveness
(TRE) value to determine applicability for this combined vent stream,
and if the combined stream does not meet the Group 1 criteria, no
control would be required.
If a combined emission stream has no Group 1 emission streams, the
combined emission stream could either (1) have no emission streams
requiring control, or (2) have process vent emission streams subject to
Secs. 63.1316 through 63.1320. For the first case, there is no reason
for an owner or operator to evaluate the combined emission stream for
control. For the second case, consider the following example. A
facility makes polystyrene using a continuous process so emissions from
the material recovery section must be controlled in accordance with
Sec. 63.1316(c). If a stream from the material recovery section is
combined with emission streams that are not required to be controlled
(i.e., Group 2 emission streams), and the TRE of the combined stream
does not meet the Group 1 criteria, then no control would be required
if we adopted the commenter's suggested approach of applying the TRE to
these combined streams. The result would be that emissions that are
required to be controlled under Sec. 63.1316(c) would not be
controlled. This approach would result in a situation where the control
requirements of Secs. 63.1316 through 63.1320 could be circumvented by
combining subject streams with other streams that are not required to
be controlled. Therefore, we believe that the provisions in
Sec. 63.1313(b) adequately address the situations raised by the
commenter, and we did not change the rule in response to this comment.
G. Start-up, Shutdown, and Malfunction and Periods of Nonoperation
We received several comments on the provisions related to the
requirements during start-up, shutdown, and malfunction and during
periods of nonoperation. As a result of these comments, we made the
following changes. The promulgated rules require that owners and
operators implement measures to prevent or minimize excess emissions
during periods of start-up, shutdown, and malfunction. One commenter
suggested changes to the definition of excess emissions with which we
agreed. Therefore, in the final rule, we have defined excess emissions
as ``emissions greater than those allowed by the emissions limitation
which would apply during operational periods other than start-up,
shutdown, and malfunction.'' Commenters also made suggestions related
to the records required during periods of start-up, shutdown, and
malfunction. In response to these comments, we reduced the amount of
information required to be submitted with reports of start-ups,
shutdowns, and malfunctions to the level specified by the 40 CFR part
63 general provisions. Finally, we revised Table 1 of both promulgated
rules to clarify that immediate start-up, shutdown, and malfunction
reports are not required.
H. Organic HAP Lists
As a result of comments, we revised the tables specifying known HAP
emitted from the production of specific elastomer/thermoplastic
products (Table 5 in subpart U and Table 6 in subpart JJJ).
Specifically, Table 5 in subpart U no longer identifies hexane,
toluene, and xylenes as known organic HAP emitted from the production
of styrene butadiene rubber by emulsion and styrene butadiene latex
elastomer. We have no information that indicates that these HAP are
used or emitted from the production of these elastomer products, but
they were inadvertently identified in the table as known organic HAP
emitted from their production. Carbon disulfide is a HAP known to be
emitted during the production of styrene butadiene rubber via an
emulsion process, so we added carbon disulfide to the table and
indicated that it is a known organic HAP emitted from the production of
styrene butadiene rubber by emulsion. Also, Table 6 of subpart JJJ no
longer identifies 1,3-butadiene as a known organic HAP emitted from the
production of actrylonitrile styrene acrylate resin/alpha methyl
styrene acrylonitrile resin (ASA/AMSAN), as we have no information that
indicates ASA/AMSAN production processes use or emit this HAP.
I. Other Clarifications
A change was made to clarify that process units that produce
elastomers which are, in turn, used at least 50 percent of the time to
produce thermoplastics, are subject to subpart JJJ and not subpart U.
Another change clarifies that changes that do not alter the equipment
configuration and operation conditions are not process changes, and
that these configurations and conditions are not required to be
documented in the Notification of Compliance Status reports. We made
changes to clarify the organic HAP subject to the process and
maintenance wastewater requirements. In subpart U, we made a change to
clarify the elastomer products that are not subject to back-end process
operation residual HAP limitations. We also clarified the monitoring
requirements for flares used to control process back-end HAP emissions.
IV. What Are the Administrative Requirements for These Final
Amendments?
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 the Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in 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 amendments 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
[[Page 38035]]
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.
These amendments do not have federalism implications. They 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 13084 do not apply to these amendments.
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 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 amendments.
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 subparts U and
JJJ 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.
These amendments 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 amendments
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), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures 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 amendments 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 amendments are not subject
to the requirements of sections 202 and 205 of the UMRA. In addition,
the EPA has determined that these amendments 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
amendments 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 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of a 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,
[[Page 38036]]
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of these amendments 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 amendments on small
entities, we have concluded that these actions will not have a
significant economic impact on a substantial number of small entities,
because they include primarily clarifications and amendments to reduce
the reporting and recordkeeping burden, thus they impose no additional
regulatory requirements on owners or operators of affected sources.
G. Paperwork Reduction Act
For both the Group I and Group IV Polymers and Resins NESHAP, the
information collection requirements (ICRs) were submitted to OMB under
the Paperwork Reduction Act. At promulgation, OMB had already approved
the ICR for the Group IV Polymers and Resins NESHAP and assigned OMB
control number 2060-0351. Subsequently, OMB approved the ICR for the
Group I Polymers and Resins NESHAP, and on July 15, 1997 (62 FR 37720)
assigned OMB control number 2060-0356.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The EPA
has amended 40 CFR 9.1 to indicate the ICRs contained in the Group I
and IV Polymers and Resins NESHAP.
The amendments to the NESHAP contained in this final rule should
have no impact on the information collection burden estimates made
previously. Therefore, the ICRs have not been revised.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 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
amendments.
I. The Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of 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.
804(2). This rule will be effective June 19, 2000.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: April 20, 2000.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 63 of title 40,
chapter I of the Code of Federal Regulations is amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart U--National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins
2. Section 63.480 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b);
c. Revising paragraph (c);
d. Revising paragraph (d);
e. Revising paragraph (e);
f. Revising paragraph (f);
g. Revising paragraph (g) introductory text;
h. Revising paragraphs (g)(1) through (g)(4);
i. Revising paragraphs (g)(6), through (g)(8);
j. Revising paragraph (h) introductory text;
k. Revising paragraphs (h)(1) through (h)(4);
l. Revising paragraphs (h)(6) and (h)(7);
m. Revising paragraph (i) introductory text;
n. Revising paragraph (i)(1) introductory text;
o. Revising paragraphs (i)(1)(i) and (i)(1)(ii);
p. Revising paragraph (i)(2)(i) introductory text;
q. Revising paragraph (i)(2)(i)(A);
r. Revising paragraphs (i)(2)(ii) and (i)(2)(iii);
s. Revising paragraphs (i)(3) through (i)(5);
t. Revising paragraph (j); and
u. Adding paragraph (i)(6).
The revisions and additions read as follows:
Sec. 63.480 Applicability and designation of affected sources.
(a) Definition of affected source. The provisions of this subpart
apply to each affected source. Affected sources are described in
paragraphs (a)(1) through (a)(4) of this section.
(1) An affected source is either an existing affected source or a
new affected source. Existing affected source
[[Page 38037]]
is defined in paragraph (a)(2) of this section, and new affected source
is defined in paragraph (a)(3) of this section.
(2) An existing affected source is defined as each group of one or
more elastomer product process units (EPPU) and associated equipment,
as listed in paragraph (a)(4) of this section, that is not part of a
new affected source, as defined in paragraph (a)(3) of this section,
that is manufacturing the same primary product and that is located at a
plant site that is a major source.
(3) A new affected source is defined by the criteria in paragraph
(a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this section. The situation
described in paragraph (a)(3)(i) of this section is distinct from those
situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of this
section and from any situation described in paragraph (i) of this
section.
(i) At a site without HAP emission points before June 12, 1995
(i.e., a ``greenfield'' site), each group of one or more EPPU and
associated equipment, as listed in paragraph (a)(4) of this section,
that is manufacturing the same primary product and that is part of a
major source on which construction commenced after June 12, 1995;
(ii) A group of one or more EPPU meeting the criteria in paragraph
(i)(1)(i) of this section; or
(iii) A reconstructed affected source meeting the criteria in
paragraph (i)(2)(i) of this section.
(4) Emission points and equipment. The affected source also
includes the emission points and equipment specified in paragraphs
(a)(4)(i) through (a)(4)(iv) of this section that are associated with
each applicable group of one or more EPPU constituting an affected
source.
(i) Each waste management unit.
(ii) Maintenance wastewater.
(iii) Each heat exchange system.
(iv) Equipment required by, or utilized as a method of compliance
with, this subpart which may include control devices and recovery
devices.
(5) EPPUs and associated equipment, as listed in paragraph (a)(4)
of this section, that are located at plant sites that are not major
sources are neither affected sources nor part of an affected source.
(b) EPPUs without organic HAP. The owner or operator of an EPPU
that is part of an affected source, as defined in paragraph (a) of this
section, but that does not use or manufacture any organic HAP shall
comply with the requirements of either paragraph (b)(1) or (b)(2) of
this section. Such an EPPU is not subject to any other provision of
this subpart and is not required to comply with the provisions of
subpart A of this part.
(1) Retain information, data, and analyses used to document the
basis for the determination that the EPPU does not use or manufacture
any organic HAP. Types of information that could document this
determination include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
(2) When requested by the Administrator, demonstrate that the EPPU
does not use or manufacture any organic HAP.
(c) Emission points not subject to the provisions of this subpart.
The affected source includes the emission points listed in paragraphs
(c)(1) through (c)(9) of this section, but these emission points are
not subject to the requirements of this subpart or to the provisions of
subpart A of this part.
(1) Equipment that does not contain organic HAP and is located at
an EPPU that is part of an affected source;
(2) Stormwater from segregated sewers;
(3) Water from fire-fighting and deluge systems in segregated
sewers;
(4) Spills;
(5) Water from safety showers;
(6) Water from testing of deluge systems;
(7) Water from testing of firefighting systems;
(8) Vessels and equipment storing and/or handling material that
contains no organic HAP or organic HAP as impurities only; and
(9) Equipment that is intended to operate in organic HAP service
for less than 300 hours during the calendar year.
(d) Processes exempted from the affected source. Research and
development facilities are exempted from the affected source.
(e) Applicability determination of elastomer equipment included in
a process unit producing a non-elastomer product. If an elastomer
product that is subject to this subpart is produced within a process
unit that is subject to subpart JJJ of this part, and at least 50
percent of the elastomer is used in the production of the product
manufactured by the subpart JJJ process unit, the unit operations
involved in the production of the elastomer are considered part of the
process unit that is subject to subpart JJJ, and not this subpart.
(f) Primary product determination and applicability. An owner or
operator of a process unit that produces or plans to produce an
elastomer product shall determine if the process unit is subject to
this subpart in accordance with this paragraph. The owner or operator
shall initially determine whether a process unit is designated as an
EPPU and subject to the provisions of this subpart in accordance with
either paragraph (f)(1) or (f)(2) of this section. The owner or
operator of a flexible operation unit that was not initially designated
as an EPPU, but in which an elastomer product is produced, shall
conduct an annual re-determination of the applicability of this subpart
in accordance with paragraph (f)(3) of this section. Owners or
operators that anticipate the production of an elastomer product in a
process unit that was not initially designated as an EPPU, and in which
no elastomer products are currently produced, shall determine if the
process unit is subject to this subpart in accordance with paragraph
(f)(4) of this section. Paragraphs (f)(3) and (f)(5) through (f)(7) of
this section discuss compliance only for flexible operation units.
Other paragraphs apply to all process units, including flexible
operation units, unless otherwise noted. Paragraph (f)(8) of this
section contains reporting requirements associated with the
applicability determinations. Paragraphs (f)(9) and (f)(10) describe
criteria for removing the EPPU designation from a process unit.
(1) Initial determination. The owner or operator shall initially
determine if a process unit is subject to the provisions of this
subpart based on the primary product of the process unit in accordance
with paragraphs (f)(1)(i) through (iii) of this section. If the process
unit never uses or manufactures any organic HAP, regardless of the
outcome of the primary product determination, the only requirements of
this subpart that might apply to the process unit are contained in
paragraph (b) of this section. If a flexible operation unit does not
use or manufacture any organic HAP during the manufacture of one or
more products, paragraph (f)(5)(i) of this section applies to that
flexible operation unit.
(i) If a process unit only manufactures one product, then that
product shall represent the primary product of the process unit.
(ii) If a process unit produces more than one intended product at
the same time, the primary product shall be determined in accordance
with paragraph (f)(1)(ii)(A) or (B) of this section.
(A) The product for which the process unit has the greatest annual
design capacity on a mass basis shall represent the primary product of
the process unit, or
(B) If a process unit has the same maximum annual design capacity
on a
[[Page 38038]]
mass basis for two or more products, and if one of those products is an
elastomer product, then the elastomer product shall represent the
primary product of the process unit.
(iii) If a process unit is designed and operated as a flexible
operation unit, the primary product shall be determined as specified in
paragraphs (f)(1)(iii)(A) or (B) of this section based on the
anticipated operations for the 5 years following September 5, 1996 at
existing process units, or for the first year after the process unit
begins production of any product for new process units. If operations
cannot be anticipated sufficiently to allow the determination of the
primary product for the specified period, applicability shall be
determined in accordance with paragraph (f)(2) of this section.
(A) If the flexible operation unit will manufacture one product for
the greatest operating time over the specified five year period for
existing process units, or the specified one year period for new
process units, then that product shall represent the primary product of
the flexible operation unit.
(B) If the flexible operation unit will manufacture multiple
products equally based on operating time, then the product with the
greatest expected production on a mass basis over the specified five
year period for existing process units, or the specified one year
period for new process units shall represent the primary product of the
flexible operation unit.
(iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this
section, the primary product of a process unit is an elastomer product,
then that process unit shall be designated as an EPPU. That EPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other EPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. If the primary product of a
process unit is determined to be a product that is not an elastomer
product, then that process unit is not an EPPU.
(2) If the primary product cannot be determined for a flexible
operation unit in accordance with paragraph (f)(1)(iii) of this
section, applicability shall be determined in accordance with this
paragraph.
(i) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, but can
determine that an elastomer product is not the primary product, then
that flexible operation unit is not an EPPU.
(ii) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, and cannot
determine that an elastomer product is not the primary product as
specified in paragraph (f)(2)(i) of this section, applicability shall
be determined in accordance with paragraph (f)(2)(ii)(A) or
(f)(2)(ii)(B) of this section.
(A) If the flexible operation unit is an existing process unit, the
flexible operation unit shall be designated as an EPPU if an elastomer
product was produced for 5 percent or greater of the total operating
time of the flexible operation unit since March 9, 1999. That EPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other EPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. For a flexible operation
unit that is designated as an EPPU in accordance with this paragraph,
the elastomer product produced for the greatest amount of time since
March 9, 1999 shall be designated as the primary product of the EPPU.
(B) If the flexible operation unit is a new process unit, the
flexible operation unit shall be designated as an EPPU if the owner or
operator anticipates that an elastomer product will be manufactured in
the flexible operation unit at any time in the first year after the
date the unit begins production of any product. That EPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other EPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. For a process unit that is
designated as an EPPU in accordance with this paragraph, the elastomer
product that will be produced shall be designated as the primary
product of the EPPU. If more than one elastomer product will be
produced, the owner or operator may select which elastomer product is
designated as the primary product.
(3) Annual applicability determination for non-EPPUs that have
produced an elastomer product. Once per year beginning September 5,
2001, the owner or operator of each flexible operation unit that is not
designated as an EPPU, but that has produced an elastomer product at
any time in the preceding five-year period or since the date that the
unit began production of any product, whichever is shorter, shall
perform the evaluation described in paragraphs (f)(3)(i) through
(f)(3)(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 (f)(9) of this section, is not required to
perform the evaluation described in paragraphs (f)(3)(i) through
(f)(3)(iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time over which the product was produced during the preceding five-year
period.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
preceding five-year period.
(iii) If the primary product identified in paragraph (f)(3)(ii) is
an elastomer product, the flexible operation unit shall be designated
as an EPPU. The owner or operator shall notify the Administrator no
later than 45 days after determining that the flexible operation unit
is an EPPU, and shall comply with the requirements of this subpart in
accordance with paragraph (i)(1) of this section for the flexible
operation unit.
(4) Applicability determination for non-EPPUs that have not
produced an elastomer product. The owner or operator that anticipates
the production of an elastomer product in a process unit that is not
designated as an EPPU, and in which no elastomer products have been
produced in the previous 5 year period or since the date that the
process unit began production of any product, whichever is shorter,
shall determine if the process unit is subject to this subpart in
accordance with paragraphs (f)(4)(i) and (ii) of this section. Also,
owners or operators who have notified the Administrator that a process
unit is not an EPPU in accordance with paragraph (f)(9) of this
section, that now anticipate the production of an elastomer product in
the process unit, shall determine if the process unit is subject to
this subpart in accordance with paragraphs (f)(4)(i) and (ii) of this
section.
(i) The owner or operator shall use the procedures in paragraph
(f)(1) or (f)(2) of this section to determine if the process unit is
designated as an EPPU, with the following exception: for existing
process units that are determining the primary product in accordance
with paragraph (f)(1)(iii) of this section, production shall be
projected for the five years following the date that the owner or
[[Page 38039]]
operator anticipates initiating the production of an elastomer product.
(ii) If the unit is designated as an EPPU in accordance with
paragraph (f)(4)(i) of this section, the owner or operator shall comply
in accordance with paragraph (i)(1) of this section.
(5) Compliance for flexible operation units. Owners or operators of
EPPUs that are flexible operation units shall comply with the standards
specified for the primary product, with the exceptions provided in
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
(i) Whenever a flexible operation unit manufactures a product in
which no organic HAP is used or manufactured, the owner or operator is
only required to comply with either paragraph (b)(1) or (b)(2) of this
section to demonstrate compliance for activities associated with the
manufacture of that product. This subpart does not require compliance
with the provisions of subpart A of this part for activities associated
with the manufacture of a product that meets the criteria of paragraph
(b) of this section.
(ii) Whenever a flexible operation unit manufactures a product that
makes it subject to subpart GGG of this part, the owner or operator is
not required to comply with the provisions of this subpart during the
production of that product.
(6) Owners or operators of EPPUs that are flexible operation units
have the option of determining the group status of each emission point
associated with the flexible operation unit, in accordance with either
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception
of batch front-end process vents. For batch front-end process vents,
the owner or operator shall determine the group status in accordance
with Sec. 63.488.
(i) The owner or operator may determine the group status of each
emission point based on emission point characteristics when the primary
product is being manufactured.
(ii) The owner or operator may determine the group status of each
emission point separately for each product produced by the flexible
operation unit. For each product, the group status shall be determined
using the emission point characteristics when that product is being
manufactured and using the Group 1 criteria specified for the primary
product. (Note: Under this scenario, it is possible that the group
status, and therefore the requirement to achieve emission reductions,
for an emission point may change depending on the product being
manufactured.)
(7) Owners or operators determining the group status of emission
points in flexible operation units based solely on the primary product
in accordance with paragraph (f)(6)(i) of this section shall establish
parameter monitoring levels, as required, in accordance with either
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators
determining the group status of emission points in flexible operation
units based on each product in accordance with paragraph (f)(6)(ii) of
this section shall establish parameter monitoring levels, as required,
in accordance with paragraph (f)(7)(i) of this section.
(i) Establish separate parameter monitoring levels in accordance
with Sec. 63.505(a) for each individual product.
(ii) Establish a single parameter monitoring level (for each
parameter required to be monitored at each device subject to monitoring
requirements) in accordance with Sec. 63.505(a) that would apply for
all products.
(8) Reporting requirements. When it is determined that a process
unit is an EPPU and subject to the requirements of this subpart, the
Notification of Compliance Status required by Sec. 63.506(e)(5) shall
include the information specified in paragraphs (f)(8)(i) and
(f)(8)(ii) of this section, as applicable. If it is determined that the
process unit is not subject to this subpart, the owner or operator
shall either retain all information, data, and analysis used to
document the basis for the determination that the primary product is
not an elastomer product, or, when requested by the Administrator,
demonstrate that the process unit is not subject to this subpart.
(i) If the EPPU manufactures only one elastomer product,
identification of that elastomer product.
(ii) If the EPPU is designed and operated as a flexible operation
unit, the information specified in paragraphs (f)(8)(ii)(A) through
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
(A) If a primary product could be determined, identification of the
primary product.
(B) Identification of which compliance option, either paragraph
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner
or operator.
(C) If the option to establish separate parameter monitoring levels
for each product in paragraph (f)(7)(i) of this section is selected,
the identification of each product and the corresponding parameter
monitoring level.
(D) If the option to establish a single parameter monitor level in
paragraph (f)(7)(ii) of this section is selected, the parameter
monitoring level for each parameter.
(9) EPPUs terminating production of all elastomer products. If an
EPPU terminates the production of all elastomer products and does not
anticipate the production of any elastomer products in the future, the
process unit is no longer an EPPU 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
elastomer products will be produced in the process unit in the future.
(10) Redetermination of applicability to EPPUs that are flexible
operation units. Whenever changes in production occur that could
reasonably be expected to change the primary product of an EPPU that is
operating as a flexible operation unit from an elastomer product to a
product that would make the process unit subject to another subpart of
this part, the owner or operator shall re-evaluate the status of the
process unit as an EPPU in accordance with paragraphs (f)(10)(i)
through (iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time in which the product was produced for the preceding five-year
period, or since the date that the process unit began production of any
product, whichever is shorter.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
period.
(iii) If the conditions in (f)(10)(iii)(A) through (C) of this
section are met, the flexible operation unit shall no longer be
designated as an EPPU after the compliance date of the other subpart
and shall no longer be subject to the provisions of this subpart after
the date that the process unit is required to be in compliance with the
provisions of the other subpart of this part to which it is subject. If
the conditions in paragraphs (f)(10)(iii)(A) through (C) of this
section are not met, the flexible operation unit shall continue to be
considered an EPPU and subject to the requirements of this subpart.
(A) The product identified in (f)(10)(ii) of this section is not an
elastomer product; and
(B) The production of the product identified in (f)(10)(ii) of this
section is subject to another subpart of this part; and
(C) The owner or operator submits a notification to the
Administrator of the pending change in applicability.
(g) Storage vessel ownership determination. The owner or operator
shall follow the procedures specified in
[[Page 38040]]
paragraphs (g)(1) through (g)(7) of this section to determine to which
process unit a storage vessel shall be assigned. Paragraph (g)(8) of
this section specifies when an owner or operator is required to
redetermine to which process unit a storage vessel is assigned.
(1) If a storage vessel is already subject to another subpart of 40
CFR part 63 on September 5, 1996, that storage vessel shall be assigned
to the process unit subject to the other subpart.
(2) If a storage vessel is dedicated to a single process unit, the
storage vessel shall be assigned to that process unit.
(3) If a storage vessel is shared among process units, then the
storage vessel shall be assigned to that process unit located on the
same plant site as the storage vessel that has the greatest input into
or output from the storage vessel (i.e., the process unit that has the
predominant use of the storage vessel.)
(4) If predominant use cannot be determined for a storage vessel
that is shared among process units and if only one of those process
units is an EPPU subject to this subpart, the storage vessel shall be
assigned to that EPPU.
* * * * *
(6) If the predominant use of a storage vessel varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding September 5, 1996 or based on
the expected utilization for the 5 years following September 5, 1996,
whichever is more representative of the expected operations for that
storage vessel for existing affected sources, and based on the expected
utilization for the first 5 years after initial start-up for new
affected sources. The determination of predominant use shall be
reported in the Notification of Compliance Status, as required by
Sec. 63.506(e)(5)(vii).
(7) Where a storage vessel is located at a major source that
includes one or more process units which place material into, or
receive materials from the storage vessel, but the storage vessel is
located in a tank farm (including a marine tank farm), the
applicability of this subpart shall be determined according to the
provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
(i) The storage vessel may only be assigned to a process unit that
utilizes the storage vessel and does not have an intervening storage
vessel for that product (or raw material, as appropriate). With respect
to any process unit, an intervening storage vessel means a storage
vessel connected by hard-piping both to the process unit and to the
storage vessel in the tank farm so that product or raw material
entering or leaving the process unit flows into (or from) the
intervening storage vessel and does not flow directly into (or from)
the storage vessel in the tank farm.
(ii) If there is no process unit at the major source that meets the
criteria of paragraph (g)(7)(i) of this section with respect to a
storage vessel, this subpart does not apply to the storage vessel.
(iii) If there is only one process unit at the major source that
meets the criteria of paragraph (g)(7)(i) of this section with respect
to a storage vessel, the storage vessel shall be assigned to that
process unit. Applicability of this subpart to the storage vessel shall
then be determined according to the provisions of paragraph (a) of this
section.
(iv) If there are two or more process units at the major source
that meet the criteria of paragraph (g)(7)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to
one of those process units according to the provisions of paragraphs
(g)(3) through (g)(6) of this section. The predominant use shall be
determined among only those process units that meet the criteria of
paragraph (g)(7)(i) of this section.
(8) If the storage vessel begins receiving material from (or
sending material to) a process unit that was not included in the
initial determination, or ceases to receive material from (or send
material to) a process unit that was included in the initial
determination, the owner or operator shall reevaluate the applicability
of this subpart to that storage vessel.
(h) Recovery operations equipment ownership determination. The
owner or operator shall follow the procedures specified in paragraphs
(h)(1) through (h)(6) of this section to determine to which process
unit recovery operations equipment shall be assigned. Paragraph (h)(7)
of this section specifies when an owner or operator is required to
redetermine to which process unit the recovery operations equipment is
assigned.
(1) If recovery operations equipment is already subject to another
subpart of 40 CFR part 63 on September 5, 1996, that recovery
operations equipment shall be assigned to the process unit subject to
the other subpart.
(2) If recovery operations equipment is dedicated to a single
process unit, the recovery operations equipment shall be assigned to
that process unit.
(3) If recovery operations equipment is shared among process units,
then the recovery operations equipment shall be assigned to that
process unit located on the same plant site as the recovery operations
equipment that has the greatest input into or output from the recovery
operations equipment (i.e., that process unit has the predominant use
of the recovery operations equipment).
(4) If predominant use cannot be determined for recovery operations
equipment that is shared among process units and if one of those
process units is an EPPU subject to this subpart, the recovery
operations equipment shall be assigned to the EPPU subject to this
subpart.
* * * * *
(6) If the predominant use of recovery operations equipment varies
from year to year, then the predominant use shall be determined based
on the utilization that occurred during the year preceding September 5,
1996 for existing affected sources or based on the expected utilization
for the 5 years following September 5, 1996 for existing affected
sources, whichever is the more representative of the expected
operations for the recovery operations equipment, and based on the
expected utilization for the first 5 years after initial start-up for
new affected sources. The determination of predominant use shall be
reported in the Notification of Compliance Status, as required by
Sec. 63.506(e)(5)(viii).
(7) If a piece of recovery operations equipment begins receiving
material from a process unit that was not included in the initial
determination, or ceases to receive material from a process unit that
was included in the initial determination, the owner or operator shall
reevaluate the applicability of this subpart to that recovery
operations equipment.
(i) Changes or additions to plant sites. The provisions of
paragraphs (i)(1) through (i)(4) of this section apply to owners or
operators that change or add to their plant site or affected source.
Paragraph (i)(5) provides examples of what are and are not considered
process changes for purposes of paragraph (i) of this section.
Paragraph (i)(6) of this section discusses reporting requirements.
(1) Adding an EPPU to a plant site. The provisions of paragraphs
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators
that add one or more EPPUs to a plant site.
(i) If a group of one or more EPPUs that produce the same primary
product is added to a plant site, the added group of one or more EPPUs
and 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
[[Page 38041]]
in this subpart upon initial start-up or by June 19, 2000, whichever is
later, if the added group of one or more EPPUs meets the criteria in
either paragraph (i)(1)(i)(A) or (i)(1)(i)(B) of this section, and if
the criteria in either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of this
section are met.
(A) The construction of the group of one or more EPPUs commenced
after June 12, 1995.
(B) The construction or reconstruction, for process units that have
become EPPUs, commenced after June 12, 1995.
(C) The group of one or more EPPUs and associated equipment, as
listed in paragraph (a)(4) of this section, has the potential to emit
10 tons per year or more of any HAP or 25 tons per year or more of any
combination of HAP, and the primary product of the group of one or more
EPPUs is currently produced at the plant site as the primary product of
an affected source; or
(D) The primary product of the group of one or more EPPUs is not
currently produced at the plant site as the primary product of an
affected source, and the plant site meets, or after the addition of the
group of one or more EPPUs and associated equipment, as listed in
paragraph (a)(4) of this section, will meet the definition of a major
source.
(ii) If a group of one or more EPPUs that produce the same primary
product is added to a plant site, and the group of one or more EPPUs
does not meet the criteria specified in paragraph (i)(1)(i) of this
section, and the plant site meets, or after the addition will meet, the
definition of a major source, the group of one or more EPPUs and
associated equipment, as listed in paragraph (a)(4) of this section,
shall comply with the requirements for an existing affected source in
this subpart upon initial start-up; by June 19, 2001; or by 6 months
after notifying the Administrator that a process unit has been
designated as an EPPU (in accordance with paragraph (f)(3)(iii) of this
section), whichever is later.
(2) * * *
(i) If any components are replaced at an existing affected source
such that the criteria specified in paragraphs (i)(2)(i)(A) through
(i)(2)(i)(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 19, 2000,
whichever is later.
(A) The replacement of components meets the definition of
reconstruction in Sec. 63.482(b); and
* * * * *
(ii) If any components are replaced at an existing affected source
such that the criteria specified in paragraphs (i)(2)(i)(A) and
(i)(2)(i)(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, back-end process operations subject to
Secs. 63.493 and 63.500, and heat exchange systems and equipment leak
components subject Sec. 63.502), 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. 63.481 (i.e., July 31, 1997 for most equipment leak components
subject to Sec. 63.502, and June 19, 2001 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, back-end process operations subject to
Secs. 63.493 through 63.500, and heat exchange systems and equipment
leak components subject to Sec. 63.502), 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 120 days after the date of initial start-up or by the
appropriate compliance date specified in Sec. 63.481 (i.e., July 31,
1997 for most equipment leak components subject to Sec. 63.502, and
June 19, 2001 for emission points other than equipment leaks),
whichever is later.
(3) Existing affected source requirements for surge control vessels
and bottoms receivers that become subject to subpart H requirements. If
a process change or the addition of an emission point causes a surge
control vessel or bottoms receiver to become subject to Sec. 63.170
under this paragraph (i), the owner or operator shall be in compliance
upon initial start-up or by June 19, 2001, whichever is later.
(4) Existing affected source requirements for compressors that
become subject to subpart H requirements. If a process change or the
addition of an emission point causes a compressor to become subject to
Sec. 63.164 under this paragraph (i), the owner or operator shall be in
compliance upon initial start-up or by the compliance date for that
compressor, as specified in Sec. 63.481(d), whichever is later.
(5) Determining what are and are not process changes. For purposes
of paragraph (i) of this section, examples of process changes include,
but are not limited to, changes in feedstock type or process catalyst
type, or whenever the replacement, removal, or addition of recovery
equipment, or equipment changes that increase production capacity. For
purposes of paragraph (i) 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.
(6) Reporting requirements for owners or operators that change or
add to their plant site or affected source. Owners or operators that
change or add to their plant site or affected source, as discussed in
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as
specified in Sec. 63.506(e)(7)(v).
(j) Applicability of this subpart during periods of start-up,
shutdown, malfunction, or non-operation. Paragraphs (j)(1) through
(j)(4) of this section shall be followed during periods of start-up,
shutdown, malfunction, or non-operation of the affected source or any
part thereof.
(1) The emission limitations set forth in this subpart and the
emission limitations referred to in this subpart shall apply at all
times except during periods of non-operation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. The emission limitations of this subpart
and the emission limitations referred to in this subpart shall not
apply during periods of start-up, shutdown, or malfunction, except as
provided in paragraphs (j)(3) and (j)(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. 63.506(b)(1). However, if a start-up,
shutdown, malfunction, or period of non-operation of one portion of an
affected source does not affect the ability of a particular emission
point to comply with the emission limitations to which it is subject,
then that emission point shall still be required to comply with the
applicable emission limitations of this subpart during the start-up,
shutdown, malfunction, or period of non-operation. For example, if
there is
[[Page 38042]]
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 emission limitations in Sec. 63.484. Similarly, the
degassing of a storage vessel would not affect the ability of a batch
front-end process vent to meet the emission limitations of Secs. 63.486
through 63.492.
(2) The emission limitations set forth in subpart H of this part,
as referred to in Sec. 63.502, shall apply at all times except during
periods of non-operation of the affected source (or specific portion
thereof) in which the lines are drained and depressurized resulting in
cessation of the emissions to which Sec. 63.502 applies, or during
periods of start-up, shutdown, malfunction, or process unit shutdown
(as defined in Sec. 63.161).
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
periods of start-up, shutdown, or malfunction during times when
emissions (or, where applicable, wastewater streams or residuals) are
being routed to such items of equipment if the shutdown would
contravene requirements of this subpart applicable to such items of
equipment. This paragraph does not apply if the item of equipment is
malfunctioning. This paragraph also does not apply if the owner or
operator shuts down the compliance equipment (other than monitoring
systems) to avoid damage due to a contemporaneous start-up, shutdown,
or malfunction of the affected source or portion thereof. If the owner
or operator has reason to believe that monitoring equipment would be
damaged due to a contemporaneous start-up, shutdown, or malfunction of
the affected source or portion thereof, the owner or operator shall
provide documentation supporting such a claim in the Precompliance
Report or in a supplement to the Precompliance Report, as provided for
in Sec. 63.506(e)(3). Once approved by the Administrator in accordance
with Sec. 63.506(e)(3)(viii), the provision for ceasing to collect,
during a start-up, shutdown, or malfunction, monitoring data that would
otherwise be required by the provisions of this subpart must be
incorporated into the start-up, shutdown, malfunction plan for that
affected source, as stated in Sec. 63.506(b)(1).
(4) During start-ups, shutdowns, and malfunctions when the emission
limitations of this subpart do not apply pursuant to paragraphs (j)(1)
through (j)(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. Back-up control devices are
not required, but may be used if available.
3. Section 63.481 is amended by:
a. Revising the section title;
b. Revising paragraph (a);
c. Revising paragraph (b);
d. Revising paragraph (c);
e. Revising paragraphs (d) introductory text; (d)(1) introductory
text and (d)(2) introductory text;
f. Revising paragraphs (d)(2)(i), (d)(2)(ii), and (d)(2)(iv);
i. Revising paragraph (d)(3);
j. Revising paragraph (d)(4) introductory text;
k. Revising paragraph (d)(5);
l. Revising paragraph (d)(6);
m. Revising paragraph (e);
n. Revising paragraph (h)(2);
o. Revising paragraph (i);
p. Revising paragraph (j); and
q. Adding paragraphs (k), (l), and (m).
The revisions and additions read as follows:
Sec. 63.481 Compliance dates and relationship of this subpart to
existing applicable rules.
(a) Affected sources are required to achieve compliance on or
before the dates specified in paragraphs (b) through (d) of this
section. Paragraph (e) of this section provides information on
requesting compliance extensions. Paragraphs (f) through (l) of this
section discuss the relationship of this subpart to subpart A and to
other applicable rules. Where an override of another authority of the
Act is indicated in this subpart, only compliance with the provisions
of this subpart is required. Paragraph (m) of this section specifies
the meaning of time periods.
(b) New affected sources that commence construction or
reconstruction after June 12, 1995 shall be in compliance with this
subpart upon initial start-up or by June 19, 2000, whichever is later.
(c) Existing affected sources shall be in compliance with this
subpart (except for Sec. 63.502 for which compliance is covered by
paragraph (d) of this section) no later than June 19, 2001, as provided
in Sec. 63.6(c), unless an extension has been granted as specified in
paragraph (e) of this section.
(d) Except as provided for in paragraphs (d)(1) through (d)(6) of
this section, existing affected sources shall be in compliance with
Sec. 63.502 no later than July 31, 1997, unless an extension has been
granted pursuant to paragraph (e) of this section.
(1) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than September 5, 1997 for any compressor meeting one or
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this
section, if the work can be accomplished without a process unit
shutdown, as defined in Sec. 63.161.
* * * * *
(2) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than March 5, 1998, for any compressor meeting all the
criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section.
(i) The compressor meets one or more of the criteria specified in
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
(ii) The work can be accomplished without a process unit shutdown
as defined in Sec. 63.161;
* * * * *
(iv) The owner or operator submits the request for a compliance
extension to the appropriate U.S. Environmental Protection Agency (EPA)
Regional Office at the address listed in Sec. 63.13 no later than 45
days before the compliance date. The request for a compliance extension
shall contain the information specified in Sec. 63.6(i)(6)(i)(A), (B),
and (D). Unless the EPA Regional Office objects to the request for a
compliance extension within 30 days after receipt of the request, the
request shall be deemed approved.
(3) If compliance with the compressor provisions of Sec. 63.164
cannot reasonably be achieved without a process unit shutdown, the
owner or operator shall achieve compliance no later than September 5,
1998. The owner or operator who elects to use this provision shall
submit a request for an extension of compliance in accordance with the
requirements of paragraph (d)(2)(iv) of this section.
(4) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than September 5, 1999 for any compressor meeting one or
more of the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of
this section. The owner or operator who elects to use these provisions
shall submit a request for an extension of compliance in accordance
[[Page 38043]]
with the requirements of paragraph (d)(2)(iv) of this section.
* * * * *
(5) Compliance with the surge control vessel and bottoms receiver
provisions of Sec. 63.170 shall occur no later than June 19, 2001.
(6) Compliance with the heat exchange system provisions of
Sec. 63.104 shall occur no later than June 19, 2001.
(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, except as provided in paragraph (e)(3) of this
section. The dates specified in Sec. 63.6(i) for submittal of requests
for extensions shall not apply to this subpart.
(1) A request for an extension of compliance shall include the data
described in Sec. 63.6(i)(6)(i)(A), (B), and (D).
(2) The requirements in Secs. 63.6(i)(8) through 63.6(i)(14) shall
govern the review and approval of requests for extensions of compliance
with this subpart.
(3) An owner or operator may submit a compliance extension request
after the date specified in paragraph (e) of this section, provided
that the need for the compliance extension arose after that date, and
the need arose due to circumstances beyond reasonable control of the
owner or operator. This request shall include, in addition to the
information specified in paragraph (e)(1) of this section, a statement
of the reasons additional time is needed and the date when the owner or
operator first learned of the circumstances necessitating a request for
a compliance extension under this paragraph (e)(3).
* * * * *
(h) * * *
(2) Sources subject to 40 CFR part 63, subpart I that have elected
to comply through a quality improvement program, as specified in
Sec. 63.175 or Sec. 63.176 or both, may elect to continue these
programs without interruption as a means of complying with this
subpart. In other words, becoming subject to this subpart does not
restart or reset the ``compliance clock'' as it relates to reduced
burden earned through a quality improvement program.
(i) After the compliance dates specified in this section, a storage
vessel that is assigned to an affected source subject to this subpart
and that is also subject to the provisions of 40 CFR part 60, subpart
Kb is required to comply only with the provisions of this subpart.
After the compliance dates specified in this section, that storage
vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
(j) After the compliance dates specified in this section, an
affected source subject to this subpart that is also subject to the
provisions of 40 CFR part 60, subpart VV, is required to comply only
with the provisions of this subpart. After the compliance dates
specified in this section, the source shall no longer be subject to 40
CFR part 60, subpart VV.
(k) Applicability of other regulations for monitoring,
recordkeeping or reporting with respect to combustion devices, recovery
devices, or recapture devices. After the compliance dates specified in
this subpart, if any combustion device, recovery device or recapture
device subject to this subpart is also subject to monitoring,
recordkeeping, and reporting requirements in 40 CFR part 264 subpart AA
or CC, or is subject to monitoring and recordkeeping requirements in 40
CFR part 265 subpart AA or CC and the owner or operator complies with
the periodic reporting requirements under 40 CFR part 264 subpart AA or
CC that would apply to the device if the facility had final-permitted
status, the owner or operator may elect to comply either with the
monitoring, recordkeeping and reporting requirements of this subpart,
or with the monitoring, recordkeeping and reporting requirements in 40
CFR parts 264 and/or 265, as described in this paragraph, which shall
constitute compliance with the monitoring, recordkeeping and reporting
requirements of this subpart. The owner or operator shall identify
which option has been selected in the Notification of Compliance Status
required by Sec. 63.506(e)(5).
(l) Applicability of other requirements for heat exchange systems
or waste management units. Paragraphs (l)(1) and (l)(2) of this section
address instances in which certain requirements from other regulations
also apply for the same heat exchange system(s) or waste management
unit(s) that are subject to this subpart.
(1) After the applicable compliance date specified in this subpart,
if a heat exchange system subject to this subpart is also subject to a
standard identified in paragraphs (l)(1)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraphs (l)(1)(i) or (ii) of this section shall constitute
compliance with the applicable provisions of this subpart with respect
to that heat exchange system.
(i) Subpart F of this part.
(ii) A subpart of this part which requires compliance with
Sec. 63.104 (e.g., subpart JJJ of this part).
(2) After the applicable compliance date specified in this subpart,
if any waste management unit subject to this subpart is also subject to
a standard identified in paragraph (l)(2)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraph (l)(2)(i) or (ii) of this section shall constitute compliance
with the applicable provisions of this subpart with respect to that
waste management unit.
(i) Subpart G of this part.
(ii) A subpart of this part which requires compliance with
Secs. 63.132 through 63.147 (e.g., subpart JJJ of this part).
(m) All terms in this subpart that define a period of time for
completion of required tasks (e.g., monthly, quarterly, annual), unless
specified otherwise in the section or paragraph that imposes the
requirement, refer to the standard calendar periods.
(1) Notwithstanding time periods specified in this subpart for
completion of required tasks, such time periods may be changed by
mutual agreement between the owner or operator and the Administrator,
as specified in subpart A of this part (e.g., a period could begin on
the compliance date or another date, rather than on the first day of
the standard calendar period). For each time period that is changed by
agreement, the revised period shall remain in effect until it is
changed. A new request is not necessary for each recurring period.
(2) Where the period specified for compliance is a standard
calendar period, if the initial compliance date occurs after the
beginning of the period, compliance shall be required according to the
schedule specified in paragraphs (m)(2)(i) or (m)(2)(ii) of this
section, as appropriate.
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remain at least 2 weeks for tasks that shall be performed monthly, at
least 1 month for tasks that shall be performed each quarter, or at
least 3 months for tasks that shall be performed annually; or
[[Page 38044]]
(ii) In all other cases, compliance shall be required before the
end of the first full standard calendar period after the period within
which the initial compliance deadline occurs.
(3) In all instances where a provision of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during the
specified period, provided that the task is conducted at a reasonable
interval after completion of the task during the previous period.
4. Section 63.482 is amended by:
a. Revising paragraph (a);
b. Amending paragraph (b) by revising the definitions for
``Aggregate batch vent stream,'' ``Batch front-end process vent,''
``Batch process,'' ``Batch unit operation,'' ``Compounding unit,''
``Continuous front-end process vent,'' ``Continuous process,''
``Continuous unit operation,'' ``Control device,'' ``Elastomer
product,'' ``Elastomer product process unit (EPPU),'' ``Elastomer
type,'' ``Emission point,'' ``Emulsion process,'' ``Epichlorohydrin
elastomer,'' ``Ethylene-propylene rubber,'' ``Front-end,'' ``Grade,''
``Group 1 batch front-end process vent,'' ``Group 1 continuous front-
end process vent,'' ``Group 2 continuous front-end process vent,''
``Group 1 wastewater stream,'' ``Halogenated continuous front-end
process vent,'' ``Nitrile butadiene rubber,'' ``Organic hazardous air
pollutant(s) (organic HAP),'' ``Process unit,'' ``Process vent,''
``Product,'' ``Recovery operations equipment,'' ``Resin,'' ``Steady-
state conditions,'' ``Storage vessel,'' ``Supplemental combustion
air,'' ``Suspension process,'' and ``Total organic compounds (TOC)'';
c. Amending paragraph (b) by removing the definitions of ``Average
flow rate,'' ``Batch cycle limitation,'' ``Mass process,'' ``Material
recovery section,'' ``Month,'' ``Polybutadiene rubber/styrene butadiene
rubber by solution,'' ``Polymerization reaction section,'' ``Raw
materials preparation section,'' ``Solid state polymerization unit,''
``Stripping Technology,'' and ``Year,''; and
d. Amending paragraph (b) by adding definitions for the terms
``Annual average batch vent concentration,'' ``Annual average batch
vent flow rate,'' ``Annual average concentration,'' ``Annual average
flow rate,'' ``Average batch vent concentration,'' ``Average batch vent
flow rate'', ``Batch mass input limitation,'' ``Batch mode,'' ``Block
polymer,'' ``Combined vent stream,'' ``Construction,'' ``Continuous
mode,'' ``Continuous record,'' ``Continuous recorder,'' ``Equipment,''
``Existing affected source,'' ``Existing process unit,'' ``Flexible
operation unit,'' ``Glass transition temperature,'' ``Highest-HAP
recipe,'' ``Initial start-up,'' ``Maintenance wastewater,'' ``Maximum
true vapor pressure,'' ``Multicomponent system,'' ``New process unit,''
``On-site or on site,'' ``Operating day,'' ``Polybutadiene rubber by
solution,'' ``Recipe,'' ``Reconstruction,'' ``Recovery device,''
``Residual,'' ``Shutdown,'' ``Start-up,'' ``Stripper,'' ``Stripping,''
``Styrene butadiene rubber by solution,'' ``Total resource
effectiveness index value or TRE index value,'' ``Vent stream,''
``Waste management unit,'' ``Wastewater,'' and ``Wastewater stream.''
The revisions and additions read as follows:
Sec. 63.482 Definitions.
(a) The following terms used in this subpart shall have the meaning
given them in Sec. 63.2, Sec. 63.101, Sec. 63.111, Sec. 63.161, or the
Act, as specified after each term:
Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Heat exchange system (Sec. 63.101)
Impurity (Sec. 63.101)
Incinerator (Sec. 63.111)
In organic hazardous air pollutant service or in organic HAP service
(Sec. 63.161)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Oil-water separator or organic-water separator (Sec. 63.111)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Repaired (Sec. 63.161)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)
(b) * * *
Aggregate batch vent stream means a gaseous emission stream
containing only the exhausts from two or more batch front-end process
vents that are ducted, hard-piped, or otherwise connected together for
a continuous flow.
Annual average batch vent concentration is determined using
Equation 17, as described in Sec. 63.488(h)(2) for halogenated
compounds.
Annual average batch vent flow rate is determined by the procedures
in Sec. 63.488(e)(3).
Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b), with the
exceptions noted in Sec. 63.501, for the purposes of this subpart.
Annual average flow rate, as used in the wastewater provisions,
means the
[[Page 38045]]
annual average flow rate, as determined according to the procedures
specified in Sec. 63.144(c), with the exceptions noted in Sec. 63.501,
for the purposes of this subpart.
Average batch vent concentration is determined by the procedures in
Sec. 63.488(b)(5)(iii) for HAP concentrations and is determined by the
procedures in Sec. 63.488(h)(1)(iii) for organic compounds containing
halogens and hydrogen halides.
Average batch vent flow rate is determined by the procedures in
Sec. 63.488(e)(1) and (e)(2).
* * * * *
Batch front-end process vent means a process vent with annual
organic HAP emissions greater than 225 kilograms per year from a batch
unit operation within an affected source and located in the front-end
of a process unit. Annual organic HAP emissions are determined as
specified in Sec. 63.488(b) at the location specified in
Sec. 63.488(a)(2).
Batch mass input limitation means an enforceable restriction on the
total mass of HAP or material that can be input to a batch unit
operation in one year.
Batch mode means the discontinuous bulk movement of material
through a unit operation. Mass, temperature, concentration, and other
properties may vary with time. For a unit operation operated in a batch
mode (i.e., batch unit operation), the addition of material and
withdrawal of material do not typically occur simultaneously.
Batch process means, for the purposes of this subpart, a process
where the reactor(s) is operated in a batch mode.
Batch unit operation means a unit operation operated in a batch
mode.
Block polymer means a polymer where the polymerization is
controlled, usually by performing discrete polymerization steps, such
that the final polymer is arranged in a distinct pattern of repeating
units of the same monomer.
* * * * *
Combined vent stream, as used in reference to batch front-end
process vents, continuous front-end process vents, and aggregate batch
vent streams, means the emissions from a combination of two or more of
the aforementioned types of process vents. The primary occurrence of a
combined vent stream is as combined emissions from a continuous front-
end process vent and a batch front-end process vent.
* * * * *
Compounding unit means a unit operation which blends, melts, and
resolidifies solid polymers for the purpose of incorporating additives,
colorants, or stabilizers into the final elastomer product. A unit
operation whose primary purpose is to remove residual monomers from
polymers is not a compounding unit.
Construction means the on-site fabrication, erection, or
installation of an affected source. Construction also means the on-site
fabrication, erection, or installation of a process unit or combination
of process units which subsequently becomes an affected source or part
of an affected source, due to a change in primary product.
Continuous front-end process vent means a process vent located in
the front-end of a process unit and containing greater than 0.005
weight percent total organic HAP from a continuous unit operation
within an affected source. The total organic HAP weight percent is
determined after the last recovery device, as described in
Sec. 63.115(a), and is determined as specified in Sec. 63.115(c).
Continuous mode means the continuous movement of material through a
unit operation. Mass, temperature, concentration, and other properties
typically approach steady-state conditions. For a unit operation
operated in a continuous mode (i.e., continuous unit operation), the
simultaneous addition of raw material and withdrawal of product is
typical.
Continuous process means, for the purposes of this subpart, a
process where the reactor(s) is operated in a continuous mode.
Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 63.506(d) or
(h).
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 1--hour or more frequent block average values.
Continuous unit operation means a unit operation operated in a
continuous mode.
Control device is defined in Sec. 63.111, except that the term
``continuous front-end process vent'' shall apply instead of the term
``process vent,'' for the purpose of this subpart.
* * * * *
Elastomer product means one of the following types of products, as
they are defined in this section:
(1) Butyl Rubber;
(2) Halobutyl Rubber;
(3) Epichlorohydrin Elastomer;
(4) Ethylene Propylene Rubber;
(5) HypalonTM;
(6) Neoprene;
(7) Nitrile Butadiene Rubber;
(8) Nitrile Butadiene Latex;
(9) Polybutadiene Rubber/Styrene Butadiene Rubber by Solution;
(10) Polysulfide Rubber;
(11) Styrene Butadiene Rubber by Emulsion; and
(12) Styrene Butadiene Latex.
Elastomer product process unit (EPPU) means a collection of
equipment assembled and connected by hard-piping or duct work, used to
process raw materials and to manufacture an elastomer product as its
primary product. This collection of equipment includes unit operations;
recovery operations equipment; process vents; storage vessels, as
determined in Sec. 63.480(g); equipment that is identified in
Sec. 63.149; and the equipment that is subject to the equipment leak
provisions as specified in Sec. 63.502. Utilities, lines and equipment
not containing process fluids, and other non-process lines, such as
heating and cooling systems which do not combine their materials with
those in the processes they serve, are not part of an elastomer product
process unit. An elastomer product process unit consists of more than
one unit operation.
Elastomer type means one of the elastomers listed under ``elastomer
product'' in this section. Each elastomer identified in that definition
represents a different elastomer type.
Emission point means an individual continuous front-end process
vent, batch front-end process vent, back-end process vent, storage
vessel, waste management unit, heat exchange system, or equipment leak,
or equipment subject to Sec. 63.149.
Emulsion process means a process where the monomer(s) is dispersed
in droplets throughout a water phase, with the aid of an emulsifying
agent such as soap or a synthetic emulsifier. The polymerization occurs
either within the emulsion droplet or in the aqueous phase.
Epichlorohydrin elastomer means an elastomer formed from the
polymerization or copolymerization of epichlorohydrin (EPI). The main
epichlorohydrin elastomers are polyepichlorohydrin, epi-ethylene oxide
(EO) copolymer, epi-allyl glycidyl ether (AGE) copolymer, and epi-EO-
AGE terpolymer. Epoxies produced by the copolymerization of EPI and
bisphenol A are not epichlorohydrin elastomers.
Equipment means, for the purposes of the provisions in
Sec. 63.502(a) through (m) and the requirements in subpart H that are
referred to in Sec. 63.502(a) through (m), each pump, compressor,
agitator, pressure relief device, sampling connection system, open-
ended valve or line, valve, connector, surge control vessel, bottoms
receiver, and
[[Page 38046]]
instrumentation system in organic hazardous air pollutant service; and
any control devices or systems required by subpart H of this part.
Ethylene-propylene rubber means an ethylene-propylene copolymer or
an ethylene-propylene terpolymer. Ethylene-propylene copolymers (EPM)
result from the polymerization of ethylene and propylene and contain a
saturated chain of the polymethylene type. Ethylene-propylene
terpolymers (EPDM) are produced in a similar manner as EPM, except that
a third monomer is added to the reaction sequence. Typical third
monomers include ethylidene norbornene, 1,4-hexadiene, or
dicyclopentadiene. Ethylidene norbornene is the most commonly used. The
production process includes, but is not limited to, polymerization,
recycle, recovery, and packaging operations. The polymerization
reaction may occur in either a solution process or a suspension
process.
Existing affected source is defined in Sec. 63.480(a)(3).
Existing process unit means any process unit that is not a new
process unit.
* * * * *
Flexible operation unit means a process unit that manufactures
different chemical products, polymers, or resins periodically by
alternating raw materials or operating conditions. These units are also
referred to as campaign plants or blocked operations.
Front-end refers to the unit operations in an EPPU prior to, and
including, the stripping operations. For all gas-phased reaction
processes, all unit operations are considered to be front-end.
* * * * *
Glass transition temperature means the temperature at which an
elastomer polymer becomes rigid and brittle.
Grade means a group of recipes of an elastomer type having similar
characteristics such as molecular weight, monomer composition,
significant mooney values, and the presence or absence of extender oil
and/or carbon black. More than one recipe may be used to produce the
same grade.
Group 1 batch front-end process vent means a batch front-end
process vent releasing annual organic HAP emissions greater than or
equal to 11,800 kg/yr and with a cutoff flow rate, calculated in
accordance with Sec. 63.488(f), greater than or equal to the annual
average batch vent flow rate. Annual organic HAP emissions and annual
average batch vent flow rate are determined at the exit of the batch
unit operation, as described in Sec. 63.488(a)(2). Annual organic HAP
emissions are determined as specified in Sec. 63.488(b), and annual
average batch vent flow rate is determined as specified in
Sec. 63.488(e).
* * * * *
Group 1 continuous front-end process vent means a continuous front-
end process vent for which the flow rate is greater than or equal to
0.005 standard cubic meter per minute, the total organic HAP
concentration is greater than or equal to 50 parts per million by
volume, and the total resource effectiveness index value, calculated
according to Sec. 63.115, is less than or equal to 1.0.
Group 2 continuous front-end process vent means a continuous front-
end process vent for which the flow rate is less than 0.005 standard
cubic meter per minute, the total organic HAP concentration is less
than 50 parts per million by volume, or the total resource
effectiveness index value, calculated according to Sec. 63.115, is
greater than 1.0.
* * * * *
Group 1 wastewater stream means a wastewater stream consisting of
process wastewater from an existing or new affected source that meets
the criteria for Group 1 status in Sec. 63.132(c), with the exceptions
listed in Sec. 63.501(a)(10) for the purposes of this subpart (i.e.,
for organic HAP listed on Table 5 of this subpart only).
* * * * *
Halogenated continuous front-end process vent means a continuous
front-end process vent determined to have a mass emission rate of
halogen atoms contained in organic compounds of 0.45 kg/hr or greater
determined by the procedures presented in Sec. 63.115(d)(2)(v).
* * * * *
Highest-HAP recipe for a product means the recipe of the product
with the highest total mass of HAP charged to the reactor during the
production of a single batch of product.
* * * * *
Initial start-up means the first time a new or reconstructed
affected source begins production of an elastomer product, or, for
equipment added or changed as described in Sec. 63.480(i), the first
time the equipment is put into operation to produce an elastomer
product. Initial start-up does not include operation solely for testing
equipment. Initial start-up does not include subsequent start-ups of an
affected source or portion thereof following malfunctions or shutdowns
or following changes in product for flexible operation units or
following recharging of equipment in batch operation. Further, for
purposes of Sec. 63.502, initial start-up does not include subsequent
start-ups of affected sources or portions thereof following
malfunctions or process unit shutdowns.
* * * * *
Maintenance wastewater is defined in Sec. 63.101, except that the
term ``elastomer product process unit'' shall apply whenever the term
``chemical manufacturing process unit'' is used. Further, the
generation of wastewater from the routine rinsing or washing of
equipment in batch operation between batches is not maintenance
wastewater, but is considered to be process wastewater, for the
purposes of this subpart.
Maximum true vapor pressure is defined in Sec. 63.111, except that
the terms ``transfer'' and ``transferred'' shall not apply for the
purposes of this subpart.
Multicomponent system means, as used in conjunction with batch
front-end process vents, a stream whose liquid and/or vapor contains
more than one compound.
* * * * *
New process unit means a process unit for which the construction or
reconstruction commenced after June 12, 1995.
* * * * *
Nitrile butadiene rubber means a polymer consisting primarily of
unsaturated nitriles and dienes, usually acrylonitrile and 1,3-
butadiene, not including nitrile butadiene latex.
On-site or on site means, with respect to records required to be
maintained by this subpart or required by another subpart referenced by
this subpart, that records are stored at a location within a major
source which encompasses the affected source. On-site includes, but is
not limited to, storage at the affected source or EPPU to which the
records pertain, or storage in central files elsewhere at the major
source.
Operating day means the period defined by the owner or operator in
the Notification of Compliance Status required by Sec. 63.506(e)(5).
The operating day is the period for which daily average monitoring
values and batch cycle daily average monitoring values are determined.
Organic hazardous air pollutant(s) (organic HAP) means one or more
of the chemicals listed in Table 5 of this subpart or any other
chemical which:
(1) Is knowingly produced or introduced into the manufacturing
process other than as an impurity; and
(2) Is listed in Table 2 of subpart F of this part.
[[Page 38047]]
Polybutadiene rubber by solution means a polymer of 1,3-butadiene
produced using a solution process.
* * * * *
Process unit means a collection of equipment assembled and
connected by hard-piping or duct work, used to process raw materials
and to manufacture a product.
Process vent means a gaseous emission stream from a unit operation
that is discharged to the atmosphere either directly or after passing
through one or more control, recovery, or recapture devices. Unit
operations that may have process vents are condensers, distillation
units, reactors, or other unit operations within the EPPU. Process
vents exclude pressure releases, gaseous streams routed to a fuel gas
system(s), and leaks from equipment regulated under Sec. 63.502. A
gaseous emission stream is no longer considered to be a process vent
after the stream has been controlled and monitored in accordance with
the applicable provisions of this subpart.
Product means a polymer produced using the same monomers and
varying in additives (e.g., initiators, terminators, etc.); catalysts;
or in the relative proportions of monomers, that is manufactured by a
process unit. With respect to polymers, more than one recipe may be
used to produce the same product, and there can be more than one grade
of a product. As an example, styrene butadiene latex and halobutyl
rubber each represent a different product. Product also means a
chemical that is not a polymer, that is manufactured by a process unit.
By-products, isolated intermediates, impurities, wastes, and trace
contaminants are not considered products.
Recipe means a specific composition, from among the range of
possible compositions that may occur within a product, as defined in
this section. A recipe is determined by the proportions of monomers
and, if present, other reactants and additives that are used to make
the recipe. For example, styrene butadiene latex without additives;
styrene butadiene latex with an additive; and styrene butadiene latex
with different proportions of styrene to butadiene are all different
recipes of the same product, styrene butadiene latex.
Reconstruction means the addition of new components or the
replacement of existing components at an affected source or at a
previously unaffected stationary source that becomes an affected source
as a result of the change, to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new affected source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the provisions of this subpart.
Recovery device means:
(1) An individual unit of equipment capable of and normally used
for the purpose of recovering chemicals for:
(i) Use;
(ii) Reuse;
(iii) Fuel value (i.e., net heating value); or
(iv) For sale for use, reuse, or fuel value (i.e., net heating
value).
(2) Examples of equipment that may be recovery devices include
absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin film evaporation units. For the purposes of the
monitoring, recordkeeping, or reporting requirements of this subpart,
recapture devices are considered recovery devices.
Recovery operations equipment means the equipment used to separate
the components of process streams. Recovery operations equipment
includes distillation units, condensers, etc. Equipment used for
wastewater treatment and recovery or recapture devices used as control
devices shall not be considered recovery operations equipment.
Residual is defined in Sec. 63.111, except that when the definition
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic
HAP listed in Table 5 of subpart U of this part'' shall apply, for the
purposes of this subpart.
Resin, for the purposes of this subpart, means a polymer with the
following characteristics:
(1) The polymer is a block polymer;
(2) The manufactured polymer does not require vulcanization to make
useful products;
(3) The polymer production process is operated to achieve at least
99 percent monomer conversion; and
(4) The polymer process unit does not recycle unreacted monomer
back to the process.
Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of an affected source, an EPPU within an affected source, a
waste management unit or unit operation within an affected source, or
equipment required or used to comply with this subpart, or the emptying
or degassing of a storage vessel. For purposes of the wastewater
provisions of Sec. 63.501, shutdown does not include the routine
rinsing or washing of equipment in batch operation between batches. For
purposes of the batch front-end process vent provisions in Secs. 63.486
through 63.492, the cessation of equipment in batch operation is not a
shutdown, unless the equipment undergoes maintenance, is replaced, or
is repaired.
* * * * *
Start-up means the setting into operation of an affected source, an
EPPU within the affected source, a waste management unit or unit
operation within an affected source, or equipment required or used to
comply with this subpart, or a storage vessel after emptying and
degassing. For both continuous and batch front-end processes, start-up
includes initial start-up and operation solely for testing equipment.
For both continuous and batch front-end processes, start-up does not
include the recharging of equipment in batch operation. For continuous
front-end processes, start-up includes transitional conditions due to
changes in product for flexible operation units. For batch front-end
processes, start-up does not include transitional conditions due to
changes in product for flexible operation units.
Steady-state conditions means that all variables (temperatures,
pressures, volumes, flow rates, etc.) in a process do not vary
significantly with time; minor fluctuations about constant mean values
may occur.
Storage vessel means a tank or other vessel that is used to store
liquids that contain one or more organic HAP. Storage vessels do not
include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels with capacities smaller than 38 cubic meters;
(4) Vessels and equipment storing and/or handling material that
contains no organic HAP, or organic HAP as impurities only;
(5) Surge control vessels and bottoms receivers; and
(6) Wastewater storage tanks.
Stripper means a unit operation where stripping occurs.
Stripping means the removal of organic compounds from a raw
elastomer product. In the production of an elastomer, stripping is a
discrete step that occurs after the reactors and before the dryers
(other than those dryers with a primary purpose of devolitalization)
and other finishing operations.
[[Page 38048]]
Examples of types of stripping include steam stripping, direct
volatilization, chemical stripping, and other methods of
devolatilization. For the purposes of this subpart, devolatilization
that occurs in dryers (other than those dryers with a primary purpose
of devolitalization), extruders, and other finishing operations is not
stripping.
* * * * *
Styrene butadiene rubber by solution means a polymer that consists
primarily of styrene and butadiene monomer units and is produced using
a solution process.
Supplemental combustion air means the air that is added to a vent
stream after the vent stream leaves the unit operation. Air that is
part of the vent stream as a result of the nature of the unit operation
is not considered supplemental combustion air. Air required to operate
combustion device burner(s) is not considered supplemental combustion
air. Air required to ensure the proper operation of catalytic
oxidizers, to include the intermittent addition of air upstream of the
catalyst bed to maintain a minimum threshold flow rate through the
catalyst bed or to avoid excessive temperatures in the catalyst bed, is
not considered to be supplemental combustion air.
Suspension process means a polymerization process where the
monomer(s) is in a state of suspension, with the help of suspending
agents in a medium other than water (typically an organic solvent). The
resulting polymers are not soluble in the reactor medium.
Total organic compounds (TOC) means those compounds, excluding
methane and ethane, measured according to the procedures of Method 18
or Method 25A, 40 CFR part 60, appendix A.
Total resource effectiveness index value or TRE index value means a
measure of the supplemental total resource requirement per unit
reduction of organic HAP associated with a continuous front-end process
vent stream, based on vent stream flow rate, emission rate of organic
HAP, net heating value, and corrosion properties (whether or not the
continuous front-end process vent stream contains halogenated
compounds), as quantified by the equations given under Sec. 63.115,
with the exceptions noted in Sec. 63.485.
Vent stream, as used in reference to batch front-end process vents,
continuous front-end process vents, and aggregate batch vent streams,
means the emissions from one or more process vents.
Waste management unit is defined in Sec. 63.111, except that where
the definition in Sec. 63.111 uses the term ``chemical manufacturing
process unit,'' the term ``EPPU'' shall apply for the purposes of this
subpart.
Wastewater means water that:
(1) Contains either:
(i) An annual average concentration of organic HAP listed in Table
5 of this subpart of at least 5 parts per million by weight and has an
annual average flow rate of 0.02 liter per minute or greater; or
(ii) An annual average concentration of organic HAP listed on Table
5 of this subpart of at least 10,000 parts per million by weight at any
flow rate; and
(2) Is discarded from an EPPU that is part of an affected source.
Wastewater is process wastewater or maintenance wastewater.
Wastewater stream means a stream that contains wastewater as
defined in this section.
5. Section 63.483 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (b);
c. Revising paragraph (c); and
d. Adding paragraph (d).
The revisions and addition read as follows:
Sec. 63.483 Emission standards.
(a) Except as allowed under paragraphs (b) through (d) of this
section, the owner or operator of an existing or new affected source
shall comply with the provisions in:
* * * * *
(b) When emissions of different kinds (i.e., emissions from
continuous front-end process vents, batch front-end process vents,
aggregate batch vent streams, storage vessels, process wastewater, and/
or in-process equipment subject to Sec. 63.149) are combined, and at
least one of the emission streams would be classified as Group 1 in the
absence of combination with other emission streams, the owner or
operator of an affected source shall comply with the requirements of
either paragraph (b)(1) or (b)(2) of this section, as appropriate. For
purposes of this paragraph (b), owners or operators of affected sources
with combined emission streams containing one or more batch front-end
process vents and containing one or more continuous front-end process
vents may comply with either paragraph (b)(1) or (b)(2) of this
section, as appropriate. For purposes of this paragraph (b), owners or
operators of affected sources with combined emission streams containing
one or more batch front-end process vents but not containing one or
more continuous process vents shall comply with paragraph (b)(3) of
this section.
(1) Comply with the applicable requirements of this subpart for
each kind of emission in the stream as specified in paragraphs (a)(1)
through (a)(6) of this section.
(2) Comply with the first set of requirements, identified in
paragraphs (b)(2)(i) through (b)(2)(v) of this section, which applies
to any individual emission stream that is included in the combined
stream, where either that emission stream would be classified as Group
1 in the absence of combination with other emission streams, or the
owner or operator chooses to consider that emission stream to be Group
1 for purposes of this paragraph. Compliance with the first applicable
set of requirements identified in paragraphs (b)(2)(i) through
(b)(2)(v) of this section constitutes compliance with all other
requirements in paragraphs (b)(2)(i) through (b)(2)(v) of this section
applicable to other types of emissions in the combined stream.
(i) The requirements of this subpart for Group 1 continuous front-
end process vents, including applicable monitoring, recordkeeping, and
reporting;
(ii) The requirements of Sec. 63.119(e), as specified in
Sec. 63.484, for control of emissions from Group 1 storage vessels,
including applicable monitoring, recordkeeping, and reporting;
(iii) The requirements of Sec. 63.139, as specified in Sec. 63.501,
for control devices used to control emissions from waste management
units, including applicable monitoring, recordkeeping, and reporting;
(iv) The requirements of Sec. 63.139, as specified in Sec. 63.501,
for closed vent systems for control of emissions from in-process
equipment subject to Sec. 63.149, as specified in Sec. 63.501,
including applicable monitoring, recordkeeping, and reporting; or
(v) The requirements of this subpart for aggregate batch vent
streams, including applicable monitoring, recordkeeping, and reporting.
(3) The owner or operator of an affected source with combined
emission streams containing one or more batch front-end process vents,
but not containing one or more continuous front-end process vents,
shall comply with paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
(i) The owner or operator of the affected source shall comply with
Sec. 63.486 for the batch front-end process vent stream(s).
(ii) The owner or operator of the affected source shall comply with
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for
the remaining emission streams.
[[Page 38049]]
(c) Instead of complying with Secs. 63.484, 63.485, 63.493, and
63.501, the owner or operator of an existing affected source may elect
to control any or all of the storage vessels, continuous front-end
process vents, batch front-end process vents, aggregate batch vent
streams, back-end process emissions, and wastewater streams and
associated waste management units within the affected source, to
different levels using an emissions averaging compliance approach that
uses the procedures specified in Sec. 63.503. The restrictions
concerning which emission points may be included in an emissions
average, including how many emission points may be included, are
specified in Sec. 63.503(a)(1). An owner or operator electing to use
emissions averaging shall still comply with the provisions of
Secs. 63.484, 63.485, 63. 486, 63.493, and 63.501 for affected source
emission points not included in the emissions average.
(d) A State may decide not to allow the use of the emissions
averaging compliance approach specified in paragraph (c) of this
section.
6. Section 63.484 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b)(2);
c. Revising paragraph (c);
d. Revising paragraph (d);
e. Revising paragraph (e);
f. Revising paragraph (f);
g. Revising paragraph (g);
h. Revising paragraph (h);
i. Revising paragraph (i) introductory text;
j. Revising paragraph (i)(1);
k. Revising paragraph (j);
l. Revising paragraph (k);
m. Revising paragraph (l);
n. Revising paragraph (m);
o. Revising paragraph (n);
p. Revising paragraph (o);
q. Revising paragraph (p);
r. Revising paragraph (q);
s. Adding paragraph (r); and
t. Adding paragraph (s).
The revisions and additions read as follows:
Sec. 63.484 Storage vessel provisions.
(a) This section applies to each storage vessel that is assigned to
an affected source, as determined by Sec. 63.480(g). Except for those
storage vessels exempted by paragraph (b) of this section, the owner or
operator of affected sources shall comply with the requirements of
Secs. 63.119 through 63.123 and 63.148, with the differences noted in
paragraphs (c) through (s) of this section, for the purposes of this
subpart.
(b) * * *
(2) Storage vessels containing latex products other than styrene-
butadiene latex, located downstream of the stripping operations;
* * * * *
(c) When the term ``storage vessel'' is used in Secs. 63.119
through 63.123, the definition of this term in Sec. 63.482 shall apply
for the purposes of this subpart.
(d) When the term ``Group 1 storage vessel'' is used in
Secs. 63.119 through 63.123, the definition of this term in Sec. 63.482
shall apply for the purposes of this subpart.
(e) When the term ``Group 2 storage vessel'' is used in
Secs. 63.119 through 63.123, the definition of this term in Sec. 63.482
shall apply for the purposes of this subpart.
(f) When the emissions averaging provisions of Sec. 63.150 are
referred to in Sec. 63.119 and Sec. 63.123, the emissions averaging
provisions contained in Sec. 63.503 shall apply for the purposes of
this subpart.
(g) When December 31, 1992 is referred to in Sec. 63.119, June 12,
1995 shall apply instead, for the purposes of this subpart.
(h) When April 22, 1994 is referred to in Sec. 63.119, June 19,
2000 shall apply instead, for the purposes of this subpart.
(i) The owner or operator of an affected source shall comply with
this paragraph instead of Sec. 63.120(d)(1)(ii) for the purposes of
this subpart. If the control device used to comply with Sec. 63.119(e)
is also used to comply with any of the requirements found in
Secs. 63.485 through 63.501, the performance test required in or
accepted by the applicable requirements in Secs. 63.485 through 63.501
is acceptable for demonstrating compliance with Sec. 63.119(e), for the
purposes of this subpart. The owner or operator will not be required to
prepare a design evaluation for the control device as described in
Sec. 63.120(d)(1)(i), if the performance test meets the criteria
specified in paragraphs (i)(1) and (i)(2) of this section.
(1) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 63.119(e)(1) or Sec. 63.119(e)(2), as applicable; and
* * * * *
(j) When the term ``range'' is used in Secs. 63.120(d)(3)(i),
63.120(d)(5), and 63.122(g)(2), the term ``level'' shall apply instead,
for the purposes of this subpart.
(k) For purposes of this subpart, the monitoring plan required by
Sec. 63.120(d)(2) shall specify for which control devices the owner or
operator has selected to follow the procedures for continuous
monitoring specified in Sec. 63.505. For those control devices for
which the owner or operator has selected to not follow the procedures
for continuous monitoring specified in Sec. 63.505, the monitoring plan
shall include a description of the parameter or parameters to be
monitored to ensure that the control device is being properly operated
and maintained, an explanation of the criteria used for selection of
that parameter (or parameters), and the frequency with which monitoring
will be performed (e.g., when the liquid level in the storage vessel is
being raised), as specified in Sec. 63.120(d)(2)(i).
(l) For purposes of this subpart, the monitoring plan required by
Sec. 63.122(b) shall be included in the Notification of Compliance
Status required by Sec. 63.506(e)(5).
(m) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122,
and 63.123, the Notification of Compliance Status requirements
contained in Sec. 63.506(e)(5) shall apply for the purposes of this
subpart.
(n) When the 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. 63.506(e)(6) shall apply for the
purposes of this subpart.
(o) When other reports as required in Sec. 63.152(d) are referred
to in Sec. 63.122, the reporting requirements contained in
Sec. 63.506(e)(7) shall apply for the purposes of this subpart.
(p) When the Initial Notification requirements contained in
Sec. 63.151(b) are referred to in Secs. 63.119 through 63.123, for the
purposes of this subpart the owner or operator of an affected source
need not comply.
(q) When the determination of equivalence criteria in
Sec. 63.102(b) are referred to in Sec. 63.121(a), the provisions in
Sec. 63.6(g) shall apply for the purposes of this subpart.
(r) When Sec. 63.119(a) requires compliance according to the
schedule provisions in Sec. 63.100, owners and operators of affected
sources shall instead comply with the requirements in
Secs. 63.119(a)(1) through 63.119(a)(4) by the compliance date for
storage vessels, which is specified in Sec. 63.481.
(s) In Sec. 63.120(e)(1), instead of the reference to
Sec. 63.11(b), the requirements of Sec. 63.504(c) shall apply.
7. Section 63.485 is revised to read as follows:
Sec. 63.485 Continuous front-end process vent provisions.
(a) For each continuous front-end process vent located at an
affected source, the owner or operator shall
[[Page 38050]]
comply with the requirements of Secs. 63.113 through 63.118, except as
provided for in paragraphs (b) through (v) of this section. The owner
or operator of continuous front-end process vents that are combined
with one or more batch front-end process vents shall comply with
paragraph (o) or (p) of this section.
(b) When the term ``process vent'' is used in Secs. 63.113 through
63.118, the term ``continuous front-end process vent,'' and the
definition of this term in Sec. 63.482 shall apply for the purposes of
this subpart.
(c) When the term ``halogenated process vent'' is used in
Secs. 63.113 through 63.118, the term ``halogenated continuous front-
end process vent,'' and the definition of this term in Sec. 63.482
shall apply for the purposes of this subpart.
(d) When the term ``Group 1 process vent'' is used in Secs. 63.113
through 63.118, the term ``Group 1 continuous front-end process vent,''
and the definition of this term in Sec. 63.482 shall apply for the
purposes of this subpart.
(e) When the term ``Group 2 process vent'' is used in Secs. 63.113
through 63.118, the term ``Group 2 continuous front-end process vent,''
and the definition of this term in Sec. 63.482 shall apply for the
purposes of this subpart.
(f) When December 31, 1992 (i.e., the proposal date for subpart G
of this part) is referred to in Sec. 63.113, June 12, 1995 shall
instead apply, for the purposes of this subpart.
(g) When Secs. 63.151(f), alternative monitoring parameters, and
63.152(e), submission of an operating permit, are referred to in
Secs. 63.114(c) and 63.117(e), 63.506(f), alternative monitoring
parameters, and Sec. 63.506(e)(8), submission of an operating permit,
respectively, shall apply for the purposes of this subpart.
(h) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.114, 63.117,
and 63.118, the Notification of Compliance Status requirements
contained in Sec. 63.506(e)(5) shall apply for the purposes of this
subpart.
(i) When the Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Secs. 63.117 and 63.118, the Periodic
Report requirements contained in Sec. 63.506(e)(6) shall apply for the
purposes of this subpart.
(j) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) is
referred to in Sec. 63.118(f)(2), the definition of excursion in
Sec. 63.505(g) and (h) shall apply for the purposes of this subpart.
(k) When Sec. 63.114(e) specifies that an owner or operator shall
submit the information required in Sec. 63.152(b) in order to establish
the parameter monitoring range, the owner or operator of an affected
source shall comply with the provisions of Sec. 63.505 for establishing
the parameter monitoring level and shall comply with Sec. 63.506(e)(5)
for the purposes of reporting information related to the establishment
of the parameter monitoring level, for the purposes of this subpart.
Further, the term ``level'' shall apply whenever the term ``range'' is
used in Secs. 63.114, 63.117, and 63.118.
(l) When reports of process changes are required under
Sec. 63.118(g), (h), (i), or (j), paragraphs (l)(1) through (l)(4) of
this section shall apply for the purposes of this subpart. In addition,
for the purposes of this subpart paragraph (l)(5) of this section
applies, and Sec. 63.118(k) does not apply to owners or operators of
affected sources.
(1) For the purposes of this subpart, whenever a process change, as
defined in Sec. 63.115(e), is made that causes a Group 2 continuous
front-end process vent to become a Group 1 continuous front-end process
vent, the owner or operator shall submit a report within 180 days after
the process change is made or with the next Periodic Report, whichever
is later. A description of the process change shall be submitted with
the report of the process change, and the owner or operator of the
affected source shall comply with the Group 1 provisions in
Secs. 63.113 through 63.118 in accordance with Sec. 63.480(i)(2)(ii) or
(i)(2)(iii), as applicable.
(2) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous front-end process vent with a TRE
greater than 4.0 to become a Group 2 continuous front-end process vent
with a TRE less than 4.0, the owner or operator shall submit a report
within 180 days after the process change is made or with the next
Periodic Report, whichever is later. A description of the process
change shall be submitted with the report of the process change, and
the owner or operator shall comply with the provisions in
Sec. 63.113(d) by the dates specified in Sec. 63.481.
(3) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous front-end process vent with a
flow rate less than 0.005 standard cubic meter per minute (scmm) to
become a Group 2 continuous front-end process vent with a flow rate of
0.005 scmm or greater and a TRE index value less than or equal to 4.0,
the owner or operator shall submit a report within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. A description of the process change shall be submitted with the
report of the process change, and the owner or operator shall comply
with the provisions in Sec. 63.113(d) by the dates specified in
Sec. 63.481.
(4) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous front-end process vent with an
organic HAP concentration less than 50 parts per million by volume
(ppmv) to become a Group 2 continuous front-end process vent with an
organic HAP concentration of 50 ppmv or greater and a TRE index value
less than or equal to 4.0, the owner or operator shall submit a report
within 180 days after the process change is made or with the next
Periodic Report, whichever is later. A description of the process
change shall be submitted with the report of the process change, and
the owner or operator shall comply with the provisions in
Sec. 63.113(d) by the dates specified in Sec. 63.481.
(5) The owner or operator is not required to submit a report of a
process change if one of the conditions listed in paragraphs (l)(5)(i),
(l)(5)(ii), (l)(5)(iii), or (l)(5)(iv) of this section is met.
(i) The change does not meet the description of a process change in
Sec. 63.115(e);
(ii) The vent stream flow rate is recalculated according to
Sec. 63.115(e) and the recalculated value is less than 0.005 standard
cubic meter per minute;
(iii) The organic HAP concentration of the vent stream is
recalculated according to Sec. 63.115(e) and the recalculated value is
less than 50 parts per million by volume; or
(iv) The TRE index value is recalculated according to
Sec. 63.115(e) and the recalculated value is greater than 4.0.
(m) When Sec. 63.118 (periodic reporting and recordkeeping
requirements) refers to Sec. 63.152(f), the recordkeeping requirements
in Sec. 63.506(d) shall apply for the purposes of this subpart.
(n) When Secs. 63.115 and 63.116 refer to Table 2 of subpart F of
this part, the owner or operator is only required to consider organic
HAP listed on Table 5 of this subpart, for the purposes of this
subpart.
(o) If a batch front-end process vent or aggregate batch vent
stream is combined with a continuous front-end process vent, the owner
or operator of the affected source containing the combined vent stream
shall comply with paragraph (o)(1); with paragraph (o)(2) and with
paragraph (o)(3) or (o)(4); or with paragraph (o)(5) of this section,
as appropriate.
(1) If a batch front-end process vent or aggregate batch vent
stream is combined with a Group 1 continuous front-end
[[Page 38051]]
process vent prior to the combined vent stream being routed to a
control device, the owner or operator of the affected source containing
the combined vent stream shall comply with the requirements in
paragraph (o)(1)(i) or (o)(1)(ii) of this section.
(i) All requirements for a Group 1 process vent stream in
Secs. 63.113 through 63.118, except as otherwise provided in this
section. As specified in Sec. 63.504(a)(1), performance tests shall be
conducted at maximum representative operating conditions. For the
purpose of conducting a performance test on a combined vent stream,
maximum representative operating conditions shall be when batch
emission episodes are occurring that result in the highest organic HAP
emission rate (for the combined vent stream) that is achievable during
one of the periods listed in Sec. 63.504(a)(1)(i) or
Sec. 63.504(a)(1)(ii), without causing any of the situations described
in paragraphs (o)(1)(i)(A) through (o)(1)(i)(C) of this section to
occur.
(A) Causing damage to equipment;
(B) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(C) Necessitating that the owner or operator make product in excess
of demand.
(ii) Comply with the provisions in Sec. 63.483(b)(1), as allowed
under Sec. 63.483(b).
(2) If a batch front-end process vent or aggregate batch vent
stream is combined with a continuous front-end process vent prior to
the combined vent stream being routed to a recovery device, the TRE
index value for the combined vent stream shall be calculated at the
exit of the last recovery device. The TRE shall be calculated during
periods when one or more batch emission episodes are occurring that
result in the highest organic HAP emission rate (in the combined vent
stream that is being routed to the recovery device) that is achievable
during the 6-month period that begins 3 months before and ends 3 months
after the TRE calculation, without causing any of the situations
described in paragraphs (o)(2)(i) through (o)(2)(iii) of this section
to occur.
(i) Causing damage to equipment;
(ii) Necessitating that the owner or operator make product that
does not meet an existing specification for sale to a customer; or
(iii) Necessitating that the owner or operator make product in
excess of demand.
(3) If the combined vent stream described in paragraph (o)(2) of
this section meets the requirements in paragraphs (o)(3)(i),
(o)(3)(ii), and (o)(3)(iii) of this section, the combined vent stream
shall be subject to the requirements for Group 1 process vents in
Secs. 63.113 through 63.118, except as otherwise provided in this
section, as applicable. Performance tests for the combined vent stream
shall be conducted at maximum representative operating conditions, as
described in paragraph (o)(1) of this section.
(i) The TRE index value of the combined stream is less than or
equal to 1.0;
(ii) The flow rate of the combined vent stream is greater than or
equal to 0.005 standard cubic meter per minute; and
(iii) The total organic HAP concentration is greater than or equal
to 50 parts per million by volume for the combined vent stream.
(4) If the combined vent stream described in paragraph (o)(2) of
this section meets the requirements in paragraph (o)(4)(i), (ii), or
(iii) of this section, the combined vent stream shall be subject to the
requirements for Group 2 process vents in Secs. 63.113 through 63.118,
except as otherwise provided in this section, as applicable.
(i) The TRE index value of the combined vent stream is greater than
1.0;
(ii) The flow rate of the combined vent stream is less than 0.005
standard cubic meter per minute; or
(iii) The total organic HAP concentration is less than 50 parts per
million by volume for the combined vent stream.
(5) If a batch front-end process vent or aggregate batch vent
stream is combined with a Group 2 continuous front-end process vent,
the owner or operator shall comply with the requirements in either
paragraph (o)(5)(i) or (o)(5)(ii) of this section.
(i) The owner or operator shall comply with the requirements in
Secs. 63.113 through 63.118 for Group 1 process vents; or
(ii) The owner or operator shall comply with Sec. 63.487(e)(2) for
batch front-end process vents and aggregate batch vent streams.
(p) If any gas stream that originates outside of an affected source
that is subject to this subpart is normally conducted through the same
final recovery device as any continuous front-end process vent stream
subject to this subpart, the combined vent stream shall comply with all
requirements in Secs. 63.113 through 63.118, except as otherwise
provided in this section, as applicable.
(1) Instead of measuring the vent stream flow rate at the sampling
site specified in Sec. 63.115(b)(1), the sampling site for vent stream
flow rate shall be prior to the final recovery device and prior to the
point at which the gas stream that is not controlled under this subpart
is introduced into the combined vent stream.
(2) Instead of measuring total organic HAP or TOC concentrations at
the sampling site specified in Sec. 63.115(c)(1), the sampling site for
total organic HAP or TOC concentration shall be prior to the final
recovery device and prior to the point at which the gas stream that is
not controlled under this subpart is introduced into the combined vent
stream.
(3) The efficiency of the final recovery device (determined
according to paragraph (p)(4) of this section) shall be applied to the
total organic HAP or TOC concentration measured at the sampling site
described in paragraph (p)(2) of this section to determine the exit
concentration. This exit concentration of total organic HAP or TOC
shall then be used to perform the calculations outlined in
Sec. 63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent
stream exiting the final recovery device.
(4) The efficiency of the final recovery device is determined by
measuring the total organic HAP or TOC concentration using Method 18 or
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery
device after the introduction of any gas stream that is not controlled
under this subpart, and at the outlet of the final recovery device.
(q) Group 1 halogenated continuous front-end process vents
described in either paragraph (q)(1) or (q)(2) of this section are
exempt from the requirements to control hydrogen halides and halogens
from the outlet of combustion devices contained in
Sec. 63.113(a)(1)(ii) and Sec. 63.113(c).
(1) Group 1 halogenated continuous front-end process vents at
existing affected sources producing butyl rubber, halobutyl rubber, or
ethylene propylene rubber using a solution process, if the conditions
in paragraphs (q)(1)(i) and (ii) of this section are met. Group 1
halogenated continuous front-end process vents at new affected sources
producing butyl rubber, halobutyl rubber, or ethylene propylene rubber
using a solution process are not exempt from Sec. 63.113(a)(1)(ii) and
Sec. 63.113(c).
(i) If the halogenated continuous front-end process vent stream was
controlled by a combustion device prior to June 12, 1995; and
(ii) If the requirements of Sec. 63.113(a)(2); Sec. 63.113(a)(3);
Sec. 63.113(b) and the associated testing requirements in Sec. 63.116;
or Sec. 63.11(b) and Sec. 63.504(c) are met.
[[Page 38052]]
(2) Group 1 halogenated continuous front-end process vents at new
and existing affected sources producing an elastomer using a gas-phased
reaction process, provided that the requirements of Sec. 63.113(a)(2);
Sec. 63.113(a)(3); Sec. 63.113(b) and the associated testing
requirements in Sec. 63.116; or Sec. 63.11(b) and Sec. 63.504(c) are
met.
(r) The compliance date for continuous front-end process vents
subject to the provisions of this section is specified in Sec. 63.481.
(s) Internal combustion engines. In addition to the three options
for the control of a Group 1 continuous front-end process vent listed
in Sec. 63.113(a)(1) through (3), an owner or operator will be
permitted to route emissions of organic HAP to an internal combustion
engine, provided the conditions listed in paragraphs (s)(1) through
(s)(5) of this section are met.
(1) The vent stream routed to the internal combustion engine shall
not be a halogenated continuous front-end process vent stream.
(2) The organic HAP is introduced with the primary fuel.
(3) The internal combustion engine is operating at all times that
organic HAP emissions are being routed to it. The owner or operator
shall demonstrate that the internal combustion engine is operating by
continuously monitoring the on/off status of the internal combustion
engine.
(4) The owner or operator shall maintain hourly records verifying
that the internal combustion engine was operating at all times that
emissions were routed to it.
(5) The owner or operator shall include in the Periodic Report a
report of all times that the internal combustion engine was not
operating while emissions were being routed to it.
(6) If an internal combustion engine meeting the requirements of
paragraphs (s)(1) through (5) of this section is used to comply with
the provisions of Sec. 63.113(a), the internal combustion engine is
exempt from the source testing requirements of Sec. 63.116.
(t) When the provisions of Sec. 63.116(c)(3) and (c)(4) specify
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall
conform with the requirements in paragraphs (t)(1) and (t)(2) of this
section.
(1) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of the emissions.
(2) The use of Method 25A, 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
(u) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b),
the requirements in Sec. 63.504(c) shall apply.
(v) When a combustion device is used to comply with the 20 parts
per million by volume outlet concentration standard specified in
Sec. 63.113(a)(2), the correction to 3 percent oxygen is only required
when supplemental combustion air is used to combust the emissions, for
the purposes of this subpart. In addition, the correction to 3 percent
oxygen specified in Sec. 63.116(c)(3) and (c)(3)(iii) is only required
when supplemental combustion air is used to combust the emissions, for
the purposes of this subpart. Finally, when a combustion device is used
to comply with the 20 parts per million by volume outlet concentration
standard specified in Sec. 63.113(a)(2), an owner or operator shall
record and report the outlet concentration required in
Sec. 63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when
supplemental combustion air is used to combust the emissions, for the
purposes of this subpart. When supplemental combustion air is not used
to combust the emissions, an owner or operator may record and report
the outlet concentration required in Sec. 63.117(a)(4)(ii) and
(a)(4)(iv) on an uncorrected basis or corrected to 3 percent oxygen,
for the purposes of this subpart.
8. Section 63.486 is revised to read as follows:
Sec. 63.486 Batch front-end process vent provisions.
(a) Batch front-end process vents. Except as specified in paragraph
(b) of this section, owners and operators of new and existing affected
sources with batch front-end process vents shall comply with the
requirements in Secs. 63.487 through 63.492. The batch front-end
process vent group status shall be determined in accordance with
Sec. 63.488. Owners or operators of affected sources with batch front-
end process vents classified as Group 1 shall comply with the reference
control technology requirements for Group 1 batch front-end process
vents in Sec. 63.487, the monitoring requirements in Sec. 63.489, the
performance test methods and procedures to determine compliance in
Sec. 63.490, the recordkeeping requirements in Sec. 63.491, and the
reporting requirements in Sec. 63.492. Owners and operators of all
Group 2 batch front-end process vents shall comply with the applicable
reference control technology requirements in Sec. 63.487, the
applicable recordkeeping requirements in Sec. 63.491, and the
applicable reporting requirements in Sec. 63.492.
(b) Aggregate batch vent streams. Aggregate batch vent streams, as
defined in Sec. 63.482, are subject to the control requirements
specified in Sec. 63.487(b), as well as the monitoring, testing,
recordkeeping, and reporting requirements specified in Secs. 63.489
through 63.492 for aggregate batch vent streams.
9. Section 63.487 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (a)(1)(i);
c. Revising paragraph (b) introductory text;
d. Revising paragraph (b)(1)(i);
e. Revising paragraph (b)(2);
f. Revising paragraphs (c)(1) and (c)(2);
g. Revising paragraph (e);
h. Revising paragraph (f);
i. Revising paragraph (g); and
j. Adding paragraph (h).
The revisions and additions read as follows:
Sec. 63.487 Batch front-end process vents--reference control
technology.
(a) Batch front-end process vents. The owner or operator of an
affected source with a Group 1 batch front-end process vent, as
determined using the procedures in Sec. 63.488, shall comply with the
requirements of either paragraph (a)(1) or (a)(2) of this section.
Compliance may be based on either organic HAP or TOC.
(1) * * *
(i) The owner or operator of the affected source hall comply with
the requirements of Sec. 63.504(c) for the flare.
* * * * *
(b) Aggregate batch vent streams. The owner or operator of an
aggregate batch vent stream that contains one or more Group 1 batch
front-end process vents shall comply with the requirements of either
paragraph (b)(1) or (b)(2) of this section. Compliance may be based on
either organic HAP or TOC.
(1) * * *
(i) The owner or operator of the affected source shall comply with
the requirements of Sec. 63.504(c) for the flare.
* * * * *
(2) For each aggregate batch vent stream, reduce organic HAP
emissions by 90 weight percent or to a concentration of 20 parts per
million by volume, whichever is less stringent, on
[[Page 38053]]
a continuous basis using a control device. For combustion devices, the
emission reduction or concentration shall be calculated on a dry basis,
corrected to 3 percent oxygen.
(c) * * *
(1) If a combustion device is used to comply with paragraph (a)(2)
or (b)(2) of this section for a halogenated batch front-end process
vent or halogenated aggregate batch vent stream, the emissions exiting
the combustion device shall be ducted to a halogen reduction device
that reduces overall emissions of hydrogen halides and halogens by at
least 99 percent before discharge to the atmosphere.
(2) A halogen reduction device may be used to reduce the halogen
atom mass emission rate to less than 3,750 kg/yr for batch front-end
process vents or aggregate batch vent streams and thus make the batch
front-end process vent or aggregate batch vent stream nonhalogenated.
The nonhalogenated batch front-end process vent or aggregate batch vent
stream shall then comply with the requirements of either paragraph (a)
or (b) of this section, as appropriate.
* * * * *
(e) Combination of batch front-end process vents or aggregate batch
vent streams with continuous front-end process vents. If a batch front-
end process vent or aggregate batch vent stream is combined with a
continuous front-end process vent, the owner or operator shall
determine whether the combined vent stream is subject to the provisions
of Secs. 63.486 through 63.492 according to paragraphs (e)(1) and
(e)(2) of this section.
(1) A batch front-end process vent or aggregate batch vent stream
combined with a continuous front-end process vent stream is not subject
to the provisions of Secs. 63.486 through 63.492, if the requirements
in paragraph (e)(1)(i) and in either paragraph (e)(1)(ii) or
(e)(1)(iii) are met.
(i) The only emissions to the atmosphere from the batch front-end
process vent or aggregate batch vent stream prior to being combined
with the continuous front-end process vent are from equipment subject
to Sec. 63.502.
(ii) The batch front-end vent stream or aggregate batch vent stream
is combined with a Group 1 continuous front-end process vent stream
prior to the combined vent stream being routed to a control device. In
this paragraph (e)(1)(ii), the definition of control device as it
relates to continuous front-end process vents shall be used.
Furthermore, the combined vent stream discussed in this paragraph
(e)(1)(ii) shall be subject to Sec. 63.485(o)(1).
(iii) The batch front-end process vent or aggregate batch vent
stream is combined with a continuous front-end process vent stream
prior to being routed to a recovery device. In this paragraph
(e)(1)(iii), the definition of recovery device as it relates to
continuous front-end process vents shall be used. Furthermore, the
combined vent stream discussed in this paragraph (e)(1)(iii) shall be
subject to Sec. 63.485(o)(2).
(2) If the batch front-end process vent or aggregate batch vent
stream is combined with a Group 2 continuous front-end process vent,
the group status of the batch front-end process vent shall be
determined prior to its combination with the Group 2 continuous front-
end process vent, in accordance with Sec. 63.488, and the combined vent
stream shall be subject to the requirements for aggregate batch vent
streams in Secs. 63.486 through 63.492.
(f) Group 2 batch front-end process vents with annual emissions
greater than or equal to the level specified in Sec. 63.488(d). The
owner or operator of a Group 2 batch front-end process vent with annual
emissions greater than or equal to the level specified in
Sec. 63.488(d) shall comply with the provisions of paragraph (f)(1),
(f)(2), or (h) of this section.
(1) The owner or operator shall comply with the requirements in
paragraphs (f)(1)(i) through (f)(1)(iv) of this section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures that the Group 2 batch front-end process vent
does not become a Group 1 batch front-end process vent.
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with
Sec. 63.506(e)(5)(iv), the owner or operator shall not charge a mass of
HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii) The owner or operator of an affected source shall comply with
the recordkeeping requirements in Sec. 63.491(d)(2), and the reporting
requirements in Sec. 63.492(a)(3), (b) and (c).
(iv) The owner or operator of an affected source shall comply with
Sec. 63.488(i) when process changes are made.
(2) Comply with the requirements of this subpart for Group 1 batch
front-end process vents.
(g) Group 2 batch front-end process vents with annual emissions
less than the level specified in Sec. 63.488(d). The owner or operator
of a Group 2 batch front-end process vent with annual organic HAP
emissions less than the level specified in Sec. 63.488(d), shall comply
with paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this section.
(1) The owner or operator of the affected source shall comply with
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this
section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures emissions do not exceed the appropriate level
specified in Sec. 63.488(d).
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with
Sec. 63.506(e)(5)(iv), the owner or operator shall not charge a mass of
HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii) The owner or operator of the affected source shall comply
with the recordkeeping requirements in Sec. 63.491(d)(1), and the
reporting requirements in Sec. 63.492(a)(2), (b), and (c).
(iv) The owner or operator of the affected source shall comply with
Sec. 63.488(i) when process changes are made.
(2) Comply with the requirements of paragraph (f)(1) of this
section;
(3) Comply with the requirements of paragraph (f)(2) of this
section; or
(4) Comply with the requirements of paragraph (h) of this section.
(h) Owners or operators of Group 2 batch front-end process vents
are not required to establish a batch mass input limitation if the
batch front-end process vent is Group 2 at the conditions specified in
paragraphs (h)(1) and (h)(2) of this section and if the owner or
operator complies with the recordkeeping provisions in
Secs. 63.491(a)(1) through (3), 63.491(a)(9), and 63.491(a)(4) through
(6) as applicable, and the reporting requirements in Sec. 63.492(a)(5)
and (6) and (b).
(1) Emissions for the single highest-HAP recipe (considering all
products that are produced in the batch unit operation) are used in the
group determination; and
(2) The group determination assumes that the batch unit operation
is operating at the maximum design capacity of the EPPU for 12 months.
10. Section 63.488 is amended by:
a. Revising paragraph (a)(1);
b. Revising paragraph (b) introductory text;
c. Revising paragraphs (b)(1) through (b)(3);
[[Page 38054]]
d. Revising paragraph (b)(4)(i) introductory text;
e. Revising paragraphs (b)(4)(i)(A) through (b)(4)(i)(D);
f. Revising paragraph (b)(4)(ii)(B)(1);
g. Revising paragraph (b)(4)(iii);
h. Revising paragraph (b)(5) introductory text;
i. Revising paragraphs (b)(5)(i) and (b)(5)(ii);
j. Revising paragraph (b)(5)(iii) introductory text;
k. Revising paragraphs (b)(5)(iii)(A) and (b)(5)(iii)(B);
l. Revising paragraph (b)(5)(iv);
m. Revising paragraph (b)(5)(v) introductory text;
n. Revising paragraph (b)(5)(v)(A);
o. Revising paragraph (b)(6);
p. Revising paragraph (d);
q. Revising paragraph (e) introductory text;
r. Revising paragraph (e)(1) introductory text;
s. Revising paragraph (e)(1)(i);
t. Revising paragraph (e)(1)(iii);
u. Revising paragraphs (e)(2) and (e)(3);
v. Revising paragraph (g);
w. Revising paragraph (h)(1) introductory text;
x. Revising paragraphs (h)(1)(iii) and (h)(1)(iv);
y. Revising paragraph (h)(2);
z. Revising paragraph (i) introductory text;
aa. Revising paragraphs (i)(1) through (i)(3); and
bb. Adding paragraph (b)(9).
The revisions and additions read as follows:
Sec. 63.488 Methods and procedures for batch front-end process vent
group determination.
(a) * * *
(1) The procedures specified in paragraphs (b) through (g) shall be
followed to determine the group status of each batch front-end process
vent. This determination shall be made in accordance with either
paragraph (a)(1)(i) or (a)(1)(ii) of this section.
(i) An owner or operator may choose to determine the group status
of a batch front-end process vent based on the expected mix of
products. For each product, emission characteristics of the single
highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this
section, for that product, shall be used in the procedures in
paragraphs (b) through (i) of this section.
(ii) An owner or operator may choose to determine the group status
of a batch front-end process vent based on annualized production of the
single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this
section, considering all products produced or processed in the batch
unit operation. The annualized production of the highest-HAP recipe
shall be based exclusively on the production of the single highest-HAP
recipe of all products produced or processed in the batch unit
operation for a 12 month period. The production level used may be the
actual production rate. It is not necessary to assume a maximum
production rate (i.e., 8,760 hours per year at maximum design
production).
(iii) The single highest-HAP recipe for a product means the recipe
of the product with the highest total mass of HAP charged to the
reactor during the production of a single batch of product.
* * * * *
(b) Determination of annual emissions. The owner or operator shall
calculate annual uncontrolled TOC or organic HAP emissions for each
batch front-end process vent using the methods described in paragraphs
(b)(1) through (b)(8) of this section. To estimate emissions from a
batch emissions episode, owners or operators may use either the
emissions estimation equations in paragraphs (b)(1) through (b)(4) of
this section, or direct measurement as specified in paragraph (b)(5) of
this section. Engineering assessment may also be used to estimate
emissions from a batch emission episode, but only under the conditions
described in paragraph (b)(6) of this section. In using the emissions
estimation equations in paragraphs (b)(1) through (b)(4) of this
section, individual component vapor pressure and molecular weight may
be obtained from standard references. Methods to determine individual
HAP partial pressures in multicomponent systems are described in
paragraph (b)(9) of this section. Other variables in the emissions
estimation equations may be obtained through direct measurement, as
defined in paragraph (b)(5) of this section, through engineering
assessment, as defined in paragraph (b)(6)(ii) of this section, by
process knowledge, or by any other appropriate means. Assumptions used
in determining these variables must be documented. Once emissions for
the batch emission episode have been determined using either the
emissions estimation equations, direct measurement, or engineering
assessment, emissions from a batch cycle shall be calculated in
accordance with paragraph (b)(7) of this section, and annual emissions
from the batch front-end process vent shall be calculated in accordance
with paragraph (b)(8) of this section.
(1) TOC or organic HAP emissions from the purging of an empty
vessel shall be calculated using Equation 1. This equation does not
take into account evaporation of any residual liquid in the vessel.
[GRAPHIC] [TIFF OMITTED] TR19JN00.000
Where:
Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
P = TOC or total organic HAP partial pressure, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of
this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmol deg.K.
T = Temperature of vessel vapor space, deg.K.
m = Number of volumes of purge gas used.
(2) TOC or organic HAP emissions from the purging of a filled
vessel shall be calculated using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR19JN00.001
[[Page 38055]]
Where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vdr = Volumetric gas displacement rate, m\3\/min.
P = Pressure in vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of
this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmol deg.K.
T = Temperature of vessel vapor space, deg.K.
Pi = Vapor pressure of TOC or individual organic HAP i, kPa.
xi = Mole fraction of TOC or organic HAP i in the liquid.
n = Number of organic HAP in stream. Note: Summation is not applicable
if TOC emissions are being estimated.
Tm = Minutes/episode.
(3) Emissions from vapor displacement due to transfer of material
into or out of a vessel shall be calculated using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR19JN00.002
Where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
V = Volume of gas displaced from the vessel, m\3\.
P = Pressure of vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of
this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmol deg.K.
T = Temperature of vessel vapor space, deg.K.
(4) * * *
(i) If the final temperature to which the vessel contents is heated
is lower than 50 K below the boiling point of the HAP in the vessel,
then emissions shall be calculated using the equations in paragraphs
(b)(4)(i)(A) through (b)(4)(i)(D) of this section.
(A) Emissions caused by heating of a vessel shall be calculated
using Equation 4. The assumptions made for this calculation are
atmospheric pressure of 760 mm Hg and the displaced gas is always
saturated with VOC vapor in equilibrium with the liquid mixture.
[GRAPHIC] [TIFF OMITTED] TR19JN00.003
Where:
Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial
pressure (kPa) TOC or each organic HAP in the vessel headspace at
initial (T1) and final (T2) temperature.
n = Number of organic HAP in stream. Note: Summation is not applicable
if TOC emissions are being estimated.
= Number of kilogram-moles (kg-moles) of gas
displaced, determined in accordance with paragraph (b)(4)(i)(B) of this
section.
101.325 = Constant, kPa.
(MWWAVG,T1), (MWWAVG,T2) = Weighted average
molecular weight of TOC or total organic HAP in the displaced gas
stream, determined in accordance with paragraph (b)(4)(i)(D) of this
section.
(B) The moles of gas displaced, , is calculated
using equation 5.
[GRAPHIC] [TIFF OMITTED] TR19JN00.004
Where:
= Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m \3\kPa/kmolK.
Pa1 = Initial noncondensible gas partial pressure in the
vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.
(C) The initial and final pressure of the noncondensible gas in the
vessel shall be calculated using equation 6.
[GRAPHIC] [TIFF OMITTED] TR19JN00.005
Where:
Pa = Initial or final partial pressure of noncondensible gas in the
vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of TOC or each organic
HAP i in the vessel headspace, kPa, at the initial or final temperature
(T1 or T2).
n = Number of organic HAP in stream. Note: Summation is not applicable
if TOC emissions are being estimated.
(D) The weighted average molecular weight of TOC or organic HAP in
the displaced gas, MWWAVG, shall be calculated using
equation 7:
[[Page 38056]]
[GRAPHIC] [TIFF OMITTED] TR19JN00.006
Where:
c = TOC or organic HAP component
n = Number of TOC or organic HAP components in stream.
(ii) * * *
(B) * * *
(1) If the final temperature of the heatup is at or lower than 5 K
below the boiling point, the final temperature for the last increment
shall be the final temperature for the heatup, even if the last
increment is less than 5 K.
* * * * *
(iii) If the vessel is operating with a condenser, and the vessel
contents are heated to the boiling point, the primary condenser is
considered part of the process, as described in Sec. 63.488(a)(2).
Emissions shall be calculated as the sum of Equation 4, which
calculates emissions due to heating the vessel contents to the
temperature of the gas exiting the condenser, and Equation 3, which
calculates emissions due to the displacement of the remaining saturated
noncondensible gas in the vessel. The final temperature in Equation 4
shall be set equal to the exit gas temperature of the condenser.
Equation 3 shall be used as written below in Equation 3a, using free
space volume, and T2 is set equal to the condenser exit gas
temperature.
[GRAPHIC] [TIFF OMITTED] TR19JN00.007
Where:
Eepisode = Emissions, kg/episode.
yi = Saturated mole fraction of all TOC or organic HAP in
the vapor phase.
Vfs = Volume of the free space in the vessel, m\3\.
PT = Pressure of the vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of
this section.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
T = Temperature of condenser exit stream K.
(5) The owner or operator may estimate annual emissions for a batch
emission episode by direct measurement. If direct measurement is used,
the owner or operator shall either perform a test for the duration of a
representative batch emission episode or perform a test during only
those periods of the batch emission episode for which the emission rate
for the entire episode can be determined or for which the emissions are
greater than the average emission rate of the batch emission episode.
The owner or operator choosing either of these options shall develop an
emission profile for the entire batch emission episode, based on either
process knowledge or test data collected, to demonstrate that test
periods are representative. Examples of information that could
constitute process knowledge include calculations based on material
balances and process stoichiometry. Previous test results may be used
provided the results are still relevant to the current batch front-end
process vent conditions. Performance tests shall follow the procedures
specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section.
The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this
section shall be used to calculate the emissions per batch emission
episode.
(i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube. No traverse is necessary when Method 2A or 2D,
40 CFR part 60, appendix A is used to determine gas stream volumetric
flow rate.
(ii) Annual average batch vent flow rate shall be determined as
specified in paragraph (e) of this section.
(iii) Method 18 or Method 25A, of 40 CFR part 60, appendix A, shall
be used to determine the concentration of TOC or organic HAP, as
appropriate. The use of Method 25A, 40 CFR part 60, appendix A shall
conform with the requirements in paragraphs (b)(5)(iii)(A) and
(b)(5)(iii)(B) of this section.
(A) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of the emissions.
(B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
(iv) If an integrated sample is taken over the entire batch
emission episode to determine average batch vent concentration of TOC
or total organic HAP, emissions shall be calculated using Equation 8.
[GRAPHIC] [TIFF OMITTED] TR19JN00.008
Where:
Episode = Emissions, kg/episode
K = Constant, 2.494 x 10-6 (ppmv) -1(gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Average batch vent concentration of TOC or sample
organic HAP component j of the gas stream for the batch emission
episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, dry basis, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
[[Page 38057]]
Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
(v) If grab samples are taken to determine the average batch vent
concentration of TOC or total organic HAP, emissions shall be
calculated according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of
this section.
(A) For each measurement point, the emission rate shall be
calculated using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR19JN00.009
Where:
Epoint = Emission rate for individual measurement point, kg/
hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Concentration of TOC or sample organic HAP component j
of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis,
scmm.
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
* * * * *
(6) Engineering assessment may be used to estimate emissions from a
batch emission episode, if the criteria in paragraph (b)(6)(i) are met.
Data or other information used to demonstrate that the criteria in
paragraph (b)(6)(i) of this section have been met shall be reported as
specified in paragraph (b)(6)(iii) of this section. Paragraph
(b)(6)(ii) of this section defines engineering assessment, for the
purposes of estimating emissions from a batch emissions episode. All
data, assumptions, and procedures used in an engineering assessment
shall be documented.
(i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or
(C) are met for a specific batch emission episode, the owner or
operator may use engineering assessment, as described in paragraph
(b)(6)(ii) of this section, to estimate emissions from that batch
emission episode, and the owner or operator is not required to use the
emissions estimation equations described in paragraphs (b)(1) through
(b)(4) of this section to estimate emissions from that batch emission
episode.
(A) Previous test data, where the measurement of organic HAP or TOC
emissions was an outcome of the test, show a greater than 20 percent
discrepancy between the test value and the value estimated using the
applicable equations in paragraphs (b)(1) through (b)(4) of this
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe
test data that will be acceptable under this paragraph (b)(6)(i)(A).
(1) Test data for the batch emission episode obtained during
production of the product for which the demonstration is being made.
(2) Test data obtained for a batch emission episode from another
process train, where the test data were obtained during production of
the product for which the demonstration is being made. Test data from
another process train may be used only if the owner or operator can
demonstrate that the data are representative of the batch emission
episode for which the demonstration is being made, taking into account
the nature, size, operating conditions, production rate, and sequence
of process steps (e.g., reaction, distillation, etc.) of the equipment
in the other process train.
(B) Previous test data obtained during the production of the
product for which the demonstration is being made, for the batch
emission episode with the highest organic HAP emissions on a mass
basis, show a greater than 20 percent discrepancy between the test
value and the value estimated using the applicable equations in
paragraphs (b)(1) through (b)(4) of this section. If the criteria in
this paragraph (b)(6)(i)(B) are met, then engineering assessment may be
used for all batch emission episodes associated with that batch cycle
for that batch unit operation.
(C) The owner or operator has requested approval to use engineering
assessment to estimate emissions from a batch emissions episode. The
request to use engineering assessment to estimate emissions from a
batch emissions episode shall contain sufficient information and data
to demonstrate to the Administrator that engineering assessment is an
accurate means of estimating emissions for that particular batch
emissions episode. The request to use engineering assessment to
estimate emissions for a batch emissions episode shall be submitted in
the Precompliance Report required under Sec. 63.506(e)(3).
(ii) Engineering assessment includes, but is not limited to, the
following:
(A) Previous test results, provided the test was representative of
current operating practices.
(B) Bench-scale or pilot-scale test data obtained under conditions
representative of current process operating conditions.
(C) Flow rate, TOC emission rate, or organic HAP emission rate
specified or implied within a permit limit applicable to the batch
front-end process vent.
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances;
(2) Estimation of flow rate based on physical equipment design,
such as pump or blower capacities;
(3) Estimation of TOC or organic HAP concentrations based on
saturation conditions; and
(4) Estimation of TOC or organic HAP concentrations based on grab
samples of the liquid or vapor.
(iii) Data or other information used to demonstrate that the
criteria in paragraph (b)(6)(i) of this section have been met shall be
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B)
of this section.
(A) Data or other information used to demonstrate that the criteria
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met
shall be reported in the Notification of Compliance Status, as required
in Sec. 63.492(a)(6).
(B) The request for approval to use engineering assessment to
estimate emissions from a batch emissions episode as allowed under
paragraph (b)(6)(i)(C) of this section, and sufficient data or other
information for demonstrating to the Administrator that engineering
assessment is an accurate means of estimating emissions for that
particular batch emissions episode shall be submitted with the
Precompliance Report, as required in Sec. 63.506(e)(3).
* * * * *
(9) Individual HAP partial pressures in multicomponent systems
shall be determined using the appropriate method specified in
paragraphs (b)(9)(i) through (b)(9)(iii) of this section.
(i) If the components are miscible, use Raoult's law to calculate
the partial pressures;
(ii) If the solution is a dilute aqueous mixture, use Henry's law
constants to calculate partial pressures;
(iii) If Raoult's law or Henry's law are not appropriate or
available, the owner or operator may use any of the options in
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.
[[Page 38058]]
(A) Experimentally obtained activity coefficients, Henry's law
constants, or solubility data;
(B) Models, such as group-contribution models, to predict activity
coefficients; or
(C) Assume the components of the system behave independently and
use the summation of all vapor pressures from the HAP as the total HAP
partial pressure.
* * * * *
(d) Minimum emission level exemption. A batch front-end process
vent with annual emissions of TOC or organic HAP less than 11,800 kg/yr
is considered a Group 2 batch front-end process vent and the owner or
operator of that batch front-end process vent shall comply with the
requirements in Sec. 63.487(f) or (g). Annual emissions of TOC or
organic HAP are determined at the exit of the batch unit operation, as
described in paragraph (a)(2) of this section, and are determined as
specified in paragraph (b) of this section. The owner or operator of
that batch front-end process vent is not required to comply with the
provisions in paragraphs (e) through (g) of this section.
(e) Determination of average batch vent flow rate and annual
average batch vent flow rate. The owner or operator shall determine the
average batch vent flow rate for each batch emission episode in
accordance with one of the procedures provided in paragraphs (e)(1)
through (e)(2) of this section. The annual average batch vent flow rate
for a batch front-end process vent shall be calculated as specified in
paragraph (e)(3) of this section.
(1) Determination of the average batch vent flow rate for a batch
emission episode by direct measurement shall be made using the
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of
this section.
(i) The vent stream volumetric flow rate (FRi) for a
batch emission episode, in scmm at 20 deg.C, shall be determined using
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
* * * * *
(iii) The average batch vent flow rate for a batch emission episode
shall be calculated using Equation 13.
Where:
[GRAPHIC] [TIFF OMITTED] TR19JN00.010
AFRepisode = Average batch vent flow rate for the batch
emission episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch emission
episode.
(2) The average batch vent flow rate for a batch emission episode
may be determined by engineering assessment, as defined in paragraph
(b)(6)(i) of this section. All data, assumptions, and procedures used
shall be documented.
(3) The annual average batch vent flow rate for a batch front-end
process vent shall be calculated using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR19JN00.011
Where:
AFR = Annual average batch vent flow rate for the batch front-end
process vent, scmm.
DURi = Duration of type i batch emission episodes annually,
hr/yr.
AFRepisode,i = Average batch vent flow rate for type i batch
emission episode, scmm.
n = Number of types of batch emission episodes venting from the batch
front-end process vent.
* * * * *
(g) Group 1/Group 2 status determination. The owner or operator
shall compare the cutoff flow rate, calculated in accordance with
paragraph (f) of this section, with the annual average batch vent flow
rate, determined in accordance with paragraph (e)(3) of this section.
The group determination status for each batch front-end process vent
shall be made using the criteria specified in paragraphs (g)(1) and
(g)(2) of this section.
(1) If the cutoff flow rate is greater than or equal to the annual
average batch vent flow rate of the stream, the batch front-end process
vent is classified as a Group 1 batch front-end process vent.
(2) If the cutoff flow rate is less than the annual average batch
vent flow rate of the stream, the batch front-end process vent is
classified as a Group 2 batch front-end process vent.
(h) * * *
(1) The concentration of each organic compound containing halogen
atoms (ppmv, by compound) for each batch emission episode shall be
determined after the last recovery device (if any recovery devices are
present), based on any one of the following procedures:
* * * * *
(iii) Average concentration of organic compounds containing
halogens and hydrogen halides as measured by Method 26 or 26A of 40 CFR
part 60, appendix A.
(iv) Any other method or data that has been validated according to
the applicable procedures in Method 301, 40 CFR part 63, appendix A.
(2) The annual mass emissions of halogen atoms for a batch front-
end process vent shall be calculated using Equation 16.
[GRAPHIC] [TIFF OMITTED] TR19JN00.012
Where:
Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)--1 (kg-mole per scm) (min/yr),
where standard temperature is 20 deg.C.
AFR = Annual average batch vent flow rate of the batch front-end
process vent, determined according to paragraph (e) of this section,
scmm.
Mj,i = Molecular weight of halogen
[[Page 38059]]
atom i in compound j, kg/kg-mole.
Lj,i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch front-end
process vent.
m = Number of different halogens i in each compound j of the batch
front-end process vent.
Cavgj = Annual average batch vent concentration of
halogenated compound j in the batch front-end process vent, as
determined by using Equation 17, dry basis, ppmv. where:
[GRAPHIC] [TIFF OMITTED] TR19JN00.013
Where:
DURi = Duration of type i batch emission episodes
annually, hr/yr.
Ci = Average batch vent concentration of halogenated
compound j in type i batch emission episode, ppmv.
n = Number of types of batch emission episodes venting from the
batch front-end process vent.
* * * * *
(i) Process changes affecting Group 2 batch front-end process
vents. Whenever process changes, as described in paragraph (i)(1) of
this section, are made that affect one or more Group 2 batch front-end
process vents and that could reasonably be expected to change one or
more Group 2 batch front-end process vents to Group 1 batch front-end
process vents or that could reasonably be expected to reduce the batch
mass input limitation for one or more Group 2 batch front-end process
vents, the owner or operator of the affected source shall comply with
paragraphs (i)(2) and (i)(3) of this section.
(1) Examples of process changes include the changes listed in
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
(i) For all batch front-end process vents, examples of process
changes include, but are not limited to, changes in feedstock type or
catalyst type; or whenever there is replacement, removal, or
modification of recovery equipment considered part of the batch unit
operation as specified in paragraph (a)(2) of this section; or
increases in production capacity or production rate. For purposes of
this paragraph, process changes do not include: Process upsets;
unintentional, temporary process changes; and changes that are within
the margin of variation on which the original group determination was
based.
(ii) For Group 2 batch front-end process vents where the group
determination and batch mass input limitation are based on the expected
mix of products, the situations described in paragraphs (i)(1)(ii)(A)
and (B) of this section shall be considered to be process changes.
(A) The production of combinations of products not considered in
establishing the batch mass input limitation.
(B) The production of a recipe of a product with a total mass of
HAP charged to the reactor during the production of a single batch of
product that is higher than the total mass of HAP for the recipe used
as the single highest-HAP recipe for that product in the batch mass
input limitation determination.
(iii) For Group 2 batch front-end process vents where the group
determination and batch mass input limitation are based on the single
highest-HAP recipe (considering all products produced or processed in
the batch unit operation), the production of a recipe having a total
mass of HAP charged to the reactor (during the production of a single
batch of product) that is higher than the total mass of HAP for the
highest-HAP recipe used in the batch mass input limitation
determination shall be considered to be a process change.
(2) For each batch front-end process vent affected by a process
change, the owner or operator shall redetermine the group status by
repeating the procedures specified in paragraphs (b) through (g) of
this section, as applicable. Alternatively, engineering assessment, as
described in paragraph (b)(6)(i) of this section, may be used to
determine the effects of the process change.
(3) Based on the results of paragraph (i)(2) of this section,
owners or operators of affected sources shall comply with either
paragraph (i)(3)(i), (ii), or (iii) of this section.
(i) If the group redetermination described in paragraph (i)(2) of
this section indicates that a Group 2 batch front-end process vent has
become a Group 1 batch front-end process vent as a result of the
process change, the owner or operator of the affected source shall
submit a report as specified in Sec. 63.492(b) and shall comply with
the Group 1 provisions in Secs. 63.487 through 63.492 in accordance
with Sec. 63.480(i)(2)(ii) or (i)(2)(iii), as applicable.
(ii) If the redetermination described in paragraph (i)(2) of this
section indicates that a Group 2 batch front-end process vent with
annual emissions less than the applicable level specified in paragraph
(d) of this section, and that is in compliance with Sec. 63.487(g), now
has annual emissions greater than or equal to the applicable level
specified by paragraph (d) of this section but remains a Group 2 batch
front-end process vent, the owner or operator of the affected source
shall comply with the provisions in paragraphs (i)(3)(ii)(A) through
(C) of this section.
(A) Redetermine the batch mass input limitation;
(B) Submit a report as specified in Sec. 63.492(c); and
(C) Comply with Sec. 63.487(f), beginning with the year following
the submittal of the report submitted according to paragraph
(i)(3)(ii)(B) of this section.
(iii) If the group redetermination described in paragraph (i)(2) of
this section indicates no change in group status or no change in the
relation of annual emissions to the levels specified in paragraph (d)
of this section, the owner or operator of the affected source shall
comply with paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B) of this
section.
(A) The owner or operator shall redetermine the batch mass input
limitation; and
(B) The owner or operator shall submit the new batch mass input
limitation in accordance with Sec. 63.492(c).
11. Section 63.489 is amended by:
a. Revising the section title;
b. Revising paragraph (a) introductory text;
c. Revising paragraph (a)(2);
d. Revising paragraph (b) introductory text;
e. Revising paragraph (b)(4) introductory text;
f. Revising paragraph (b)(4)(ii);
g. Revising paragraph (b)(7);
h. Revising paragraph (c) introductory text;
i. Revising paragraph (d) introductory text;
j. Revising paragraph (d)(2);
k. Revising paragraph (e)(1) introductory text;
l. Revising paragraph (e)(1)(ii);
m. Revising paragraph (e)(3); and
n. Removing paragraph (d)(3).
The revisions read as follows:
Sec. 63.489 Batch front-end process vents--monitoring equipment.
(a) General requirements. Each owner or operator of a batch front-
end process vent or aggregate batch vent stream that uses a control
device to comply with the requirements in Sec. 63.487(a)(2) or
Sec. 63.487(b)(2) shall install the monitoring equipment specified in
paragraph (b) of this section. All monitoring equipment shall be
[[Page 38060]]
installed, calibrated, maintained, and operated according to the
manufacturer's specifications or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately.
* * * * *
(2) Except as otherwise provided in this subpart, the owner or
operator shall operate control devices such that the daily average of
monitored parameters, established as specified in paragraph (e) of this
section, remains above the minimum level or below the maximum level, as
appropriate.
(b) Batch front-end process vent and aggregate batch vent stream
monitoring equipment. The monitoring equipment specified in paragraphs
(b)(1) through (b)(8) of this section shall be installed as specified
in paragraph (a) of this section. The parameters to be monitored are
specified in Table 6 of this subpart.
* * * * *
(4) Where a scrubber is used with an incinerator, boiler, or
process heater in concert with the combustion of halogenated batch
front-end process vents or halogenated aggregate batch vent streams,
the following monitoring equipment is required for the scrubber:
* * * * *
(ii) A flow measurement device equipped with a continuous recorder
shall be located at the scrubber influent for liquid flow. Gas stream
flow shall be determined using one of the procedures specified in
paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the
owner or operator may determine gas stream flow by the method that had
been utilized to comply with those regulations. A determination that
was conducted prior to the compliance date for this subpart may be
utilized to comply with this subpart if it is still representative.
(C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method which will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method which will at least
provide a value for either a representative or the highest gas stream
flow anticipated in the scrubber during representative operating
conditions other than start-ups, shutdowns, or malfunctions. The plan
shall include a description of the methodology to be followed and an
explanation of how the selected methodology will reliably determine the
gas stream flow, and a description of the records that will be
maintained to document the determination of gas stream flow. The owner
or operator shall maintain the plan as specified in Sec. 63.506(a).
* * * * *
(7) Where a carbon adsorber is used, an integrating regeneration
steam flow, nitrogen flow, or pressure monitoring device having an
accuracy of 10 percent of the flow rate, level, or
pressure, or better, capable of recording the total regeneration steam
flow or nitrogen flow, or pressure (gauge or absolute) for each
regeneration cycle; and a carbon bed temperature monitoring device,
capable of recording the carbon bed temperature after each regeneration
and within 15 minutes of completing any cooling cycle are required.
* * * * *
(c) Alternative monitoring parameters. An owner or operator of a
batch front-end process vent or aggregate batch vent stream may request
approval to monitor parameters other than those required by paragraph
(b) of this section. The request shall be submitted according to the
procedures specified in Sec. 63.492(e) and Sec. 63.506(f). Approval
shall be requested if the owner or operator:
* * * * *
(d) Monitoring of bypass lines. The owner or operator of a batch
front-end process vent or aggregate batch vent stream using a vent
system that contains bypass lines that could divert emissions away from
a control device used to comply with Sec. 63.487(a) or Sec. 63.487(b)
shall comply with either paragraph (d)(1) or (d)(2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, and pressure relief valves needed for
safety purposes are not subject to this paragraph (d).
* * * * *
(2) Secure the bypass line damper or valve in the non-diverting
position with a car-seal or a lock-and-key type configuration. A visual
inspection of the seal or closure mechanism shall be performed at least
once every month to ensure that the damper or valve is maintained in
the non-diverting position and emissions are not diverted through the
bypass line. Records shall be generated as specified in
Sec. 63.491(e)(4).
(e) * * *
(1) For each parameter monitored under paragraph (b) or (c) of this
section, the owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter as denoted in Table 7
of this subpart, that indicates proper operation of the control device.
The level shall be established in accordance with the procedures
specified in Sec. 63.505. The level may be based upon a prior
performance test conducted for determining compliance with a regulation
promulgated by the EPA, and the owner or operator is not required to
conduct a performance test under Sec. 63.490, provided that the prior
performance test meets the conditions of Sec. 63.490(b)(3).
* * * * *
(ii) For aggregate batch vent streams using a control device to
comply with Sec. 63.487(b)(2), the established level shall reflect the
emission reduction requirement of 90 percent specified in
Sec. 63.487(b)(2).
* * * * *
(3) The operating day shall be defined as part of establishing the
parameter monitoring level and shall be submitted with the information
in paragraph (e)(2) of this section. The definition of operating day
shall specify the time(s) at which an operating day begins and ends.
The operating day shall not exceed 24 hours.
12. Section 63.490 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b) introductory text;
c. Revising paragraph (b)(3);
d. Revising paragraph (b)(5);
e. Revising paragraph (c) introductory text;
f. Revising paragraph (c)(1)(i)(A);
g. Revising paragraph (c)(1)(i)(B) introductory text;
h. Revising paragraphs (c)(1)(i)(C) and (c)(1)(i)(D);
i. Revising paragraph (c)(1)(ii);
j. Revising paragraph (c)(1)(iii) introductory text;
k. Revising paragraph (c)(1)(iii)(A);
l. Revising paragraph (c)(1)(v);
m. Revising paragraph (c)(2) introductory text;
n. Revising paragraph (d)(1);
o. Revising paragraph (d)(2)(ii);
p. Revising paragraphs (d)(3) through (d)(5);
q. Revising paragraph (e);
r. Revising paragraph (f); and
s. Removing paragraph (b)(6).
The revisions read as follows:
[[Page 38061]]
Sec. 63.490 Batch front-end process vents--performance test methods
and procedures to determine compliance.
(a) Use of a flare. When a flare is used to comply with
Sec. 63.487(a)(1) or Sec. 63.487(b)(1), the owner or operator of an
affected source shall comply with Sec. 63.504(c).
(b) Exceptions to performance tests. An owner or operator is not
required to conduct a performance test when a control device specified
in paragraphs (b)(1) through (b)(5) of this section is used to comply
with Sec. 63.487(a)(2).
* * * * *
(3) A control device for which a performance test was conducted for
determining compliance with a regulation promulgated by the EPA and the
test was conducted using the same Methods specified in this section and
either no deliberate process changes have been made since the test, or
the owner or operator can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes.
* * * * *
(5) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(c) Batch front-end process vent testing and procedures for
compliance with Sec. 63.487(a)(2). Except as provided in paragraph (a)
or (b) of this section, an owner or operator using a control device to
comply with Sec. 63.487(a)(2) shall conduct a performance test using
the procedures specified in paragraph (c)(1) of this section in order
to determine the control efficiency of the control device. An owner or
operator shall determine the percent reduction for the batch cycle
using the control efficiency of the control device as specified in
paragraphs (c)(2)(i) through (c)(2)(iii) of this section and the
procedures specified in paragraph (c)(2) of this section. Compliance
may be based on either total organic HAP or TOC. For purposes of this
paragraph (c), the term ``batch emission episode'' shall have the
meaning ``period of the batch emission episode selected for control,''
which may be the entire batch emission episode or may only be a portion
of the batch emission episode.
(1) * * *
(i) * * *
(A) Alternatively, an owner or operator may choose to test only
those periods of the batch emission episode during which the emission
rate for the entire episode can be determined or during which the
emissions are greater than the average emission rate of the batch
emission episode. The owner or operator choosing either of these
options shall develop an emission profile for the entire batch emission
episode, based on either process knowledge or test data collected, to
demonstrate that test periods are representative. Examples of
information that could constitute process knowledge include
calculations based on material balances and process stoichiometry.
Previous test results may be used, provided the results are still
relevant to the current batch front-end process vent conditions.
(B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube, except that references to particulate matter in
Method 1A do not apply for the purposes of this subpart. No traverse is
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to
determine gas stream volumetric flow rate. Inlet sampling sites shall
be located as specified in paragraphs (c)(1)(i)(B)(1) and
(c)(1)(i)(B)(2) of this section. Outlet sampling sites shall be located
at the outlet of the final control device prior to release to the
atmosphere.
* * * * *
(C) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.488(e).
(D) Method 18 or Method 25A of 40 CFR part 60, appendix A, shall be
used to determine the concentration of organic HAP or TOC, as
appropriate. Alternatively, any other method or data that has been
validated according to the applicable procedures in Method 301, 40 CFR
part 63, appendix A, may be used. The use of Method 25A, 40 CFR part
60, appendix A shall conform with the requirements in paragraphs
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
(1) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of the emissions.
(2) The use of Method 25A, 40 CFR part 60, appendix A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
(ii) If an integrated sample is taken over the entire batch
emission episode to determine the average batch vent concentration of
TOC or total organic HAP, emissions per batch emission episode shall be
calculated using Equations 18 and 19.
[GRAPHIC] [TIFF OMITTED] TR19JN00.014
[GRAPHIC] [TIFF OMITTED] TR19JN00.015
Where:
Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494 x 10\-6\ (ppmv)\-1\ (gm-mole/scm) (kg/gm) (min/
hr), where standard temperature is 20 deg.C.
Cj = Average inlet or outlet concentration of TOC or sample
organic HAP component j of the gas stream for the batch emission
episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch
emission episode, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream. Note: Summation is not applicable
if TOC emissions are being estimated using a TOC
[[Page 38062]]
concentration measured using Method 25A, 40 CFR part 60, appendix A.
(iii) If grab samples are taken to determine the average batch vent
concentration of TOC or total organic HAP, emissions shall be
calculated according to paragraphs (c)(1)(iii)(A) and (c)(1)(iii)(B) of
this section.
(A) For each measurement point, the emission rates shall be
calculated using Equations 20 and 21.
[GRAPHIC] [TIFF OMITTED] TR19JN00.016
[GRAPHIC] [TIFF OMITTED] TR19JN00.017
Where:
Epoint = Inlet or outlet emission rate for the measurement
point, kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20 deg. C.
Cj = Inlet or outlet concentration of TOC or sample organic
HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
FR = Inlet or outlet flow rate of gas stream for the measurement point,
dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation is not applicable
if TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
* * * * *
(v) If the batch front-end process vent entering a boiler or
process heater with a design capacity less than 44 megawatts is
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total organic HAP or TOC across the device shall
be determined by comparing the TOC or total organic HAP in all
combusted batch front-end process vents and primary and secondary fuels
with the TOC or total organic HAP, respectively, exiting the combustion
device.
(2) The percent reduction for the batch cycle shall be determined
using Equation 25 and the control device efficiencies specified in
paragraphs (c)(2)(i) through (c)(2)(iii) of this section. All
information used to calculate the batch cycle percent reduction,
including a definition of the batch cycle identifying all batch
emission episodes, shall be recorded as specified in Sec. 63.491(b)(2).
This information shall include identification of those batch emission
episodes, or portions thereof, selected for control.
[GRAPHIC] [TIFF OMITTED] TR19JN00.018
Where:
Eunc = Mass rate of TOC or total organic HAP for
uncontrolled batch emission episode i, kg/hr.
Einletcon = Mass rate of TOC or total organic HAP for
controlled batch emission episode i at the inlet to the control device,
kg/hr.
R = Control efficiency of control device as specified in paragraphs
(c)(2)(i) through (c)(2)(iii) of this section.
n = Number of uncontrolled batch emission episodes, controlled batch
emission episodes, and control devices. The value of n is not
necessarily the same for these three items.
* * * * *
(d) * * *
(1) Sampling sites shall be located at the inlet and outlet of the
scrubber or other halogen reduction device used to reduce halogen
emissions in complying with Sec. 63.487(c)(1) or at the outlet of the
halogen reduction device used to reduce halogen emissions in complying
with Sec. 63.487(c)(2).
(2) * * *
(ii) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.488(e).
(3) To determine compliance with the percent reduction specified in
Sec. 63.487(c)(1), the mass emissions for any hydrogen halides and
halogens present at the inlet of the scrubber or other halogen
reduction device shall be summed together. The mass emissions of any
hydrogen halides or halogens present at the outlet of the scrubber or
other halogen reduction device shall be summed together. Percent
reduction shall be determined by subtracting the outlet mass emissions
from the inlet mass emissions and then dividing the result by the inlet
mass emissions and multiplying by 100.
(4) To determine compliance with the emission limit specified in
Sec. 63.487(c)(2), the annual mass emissions for any hydrogen halides
and halogens present at the outlet of the halogen reduction device and
prior to any combustion device shall be summed together and compared to
the emission limit specified in Sec. 63.487(c)(2).
(5) The owner or operator may use any other method to demonstrate
compliance if the method or data has been validated according to the
applicable procedures of Method 301, 40 CFR part 63, appendix A.
(e) Aggregate batch vent stream testing for compliance with
Sec. 63.487(b)(2). Except as specified in paragraphs (e)(1) through
(e)(3) of this section, owners or operators of aggregate batch vent
streams complying with
[[Page 38063]]
Sec. 63.487(b)(2) shall conduct a performance test using the
performance testing procedures for continuous front-end process vents
in Sec. 63.116(c).
(1) For the purposes of this subpart, when the provisions of
Sec. 63.116(c) specify that Method 18, 40 CFR part 60, appendix A shall
be used, Method 18 or Method 25A, 40 CFR part 60, appendix A may be
used. The use of Method 25A, 40 CFR part 60, appendix A shall conform
with the requirements in paragraphs (e)(1)(i) and (e)(1)(ii) of this
section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(2) When Sec. 63.116(c)(4) refers to complying with an emission
reduction of 98 percent, for the purposes of this subpart, the 90
percent reduction requirement specified in Sec. 63.487(b)(2) shall
apply.
* * * * *
(f) Batch mass input limitation. The batch mass input limitation
required by Sec. 63.487(g)(1) shall be determined by the owner or
operator such that annual emissions for the batch front-end process
vent remain less than the level specified in Sec. 63.488(d). The batch
mass input limitation required by Sec. 63.487(f)(1) shall be determined
by the owner or operator such that annual emissions remain at a level
that ensures that the batch front-end process vent remains a Group 2
batch front-end process vent, given the actual annual flow rate for
that batch front-end process vent determined according to
Sec. 63.488(e)(3). The batch mass input limitation shall be determined
using the same basis, as described in Sec. 63.488(a)(1), used to make
the group determination (i.e., expected mix of products or highest-HAP
recipe). The establishment of the batch mass input limitation is not
dependent upon any past production or activity level.
(1) If the expected mix of products serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based on any foreseeable combination of products that the
owner or operator expects to manufacture.
(2) If the single highest-HAP recipe serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based solely on the production of the single highest-HAP
recipe, considering all products produced or processed in the batch
unit operation.
13. Section 63.491 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraphs (a)(1) and (a)(2);
c. Revising paragraph (a)(3)(i);
d. Revising paragraph (a)(4);
e. Revising paragraphs (a)(7) through (a)(9);
f. Revising paragraph (b) introductory text;
g. Revising paragraphs (b)(1) and (b)(2);
h. Revising paragraphs (b)(3)(ii) and (b)(3)(iii);
i. Revising paragraph (b)(4)(iv);
j. Revising paragraphs (d)(1) and (d)(2);
k. Revising paragraph (e) introductory text;
l. Revising paragraphs (e)(1)(i) and (e)(1)(ii);
m. Revising paragraph (e)(2) introductory text;
n. Revising paragraphs (e)(2)(i) and (e)(2)(ii);
o. Revising paragraph (e)(3);
p. Revising paragraph (e)(4) introductory text;
q. Revising paragraph (e)(4)(i);
r. Revising paragraph (f);
s. Adding paragraph (g); and
t. Removing and reserving paragraph (e)(4)(ii).
The revisions and additions read as follows:
Sec. 63.491 Batch front-end process vents--recordkeeping requirements.
(a) Group determination records for batch front-end process vents.
Except as provided in paragraphs (a)(7) and (a)(8) of this section,
each owner or operator of an affected source shall maintain the records
specified in paragraphs (a)(1) through (a)(6) of this section for each
batch front-end process vent subject to the group determination
procedures of Sec. 63.488. Except for paragraph (a)(1) of this section,
the records required to be maintained by this paragraph are limited to
the information developed and used to make the group determination
under Secs. 63.488(b) through 63.488(g), as appropriate. If an owner or
operator did not need to develop certain information (e.g., annual
average batch vent flow rate) to determine the group status, this
paragraph does not require that additional information be developed.
Paragraph (a)(9) of this section specifies the recordkeeping
requirements for Group 2 batch front-end process vents that are exempt
from the batch mass input limitation provisions, as allowed under
Sec. 63.487(h).
(1) An identification of each unique product that has emissions
from one or more batch emission episodes venting from the batch front-
end process vent, along with an identification of the single highest-
HAP recipe for each product and the mass of HAP fed to the reactor for
that recipe.
(2) A description of, and an emission estimate for, each batch
emission episode, and the total emissions associated with one batch
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this
section, as appropriate.
(i) If the group determination is based on the expected mix of
products, records shall include the emission estimates for the single
highest-HAP recipe of each unique product identified in paragraph
(a)(1) of this section that was considered in making the group
determination under Sec. 63.488.
(ii) If the group determination is based on the single highest-HAP
recipe (considering all products produced or processed in the batch
unit operation), records shall include the emission estimates for the
single highest-HAP recipe.
(3) * * *
(i) For Group 2 batch front-end process vents, emissions shall be
determined at the batch mass input limitation.
* * * * *
(4) The annual average batch vent flow rate for the batch front-end
process vent as determined in accordance with Sec. 63.488(e).
* * * * *
(7) If a batch front-end process vent is subject to Sec. 63.487(a)
or Sec. 63.487(b), none of the records in paragraphs (a)(1) through
(a)(6) of this section are required.
(8) If the total annual emissions from the batch front-end process
vent during the group determination are less than the appropriate level
specified in Sec. 63.488(d), only the records in paragraphs (a)(1)
through (a)(3) of this section are required.
(9) For each Group 2 batch front-end process vent that is exempt
from the batch mass input limitation provisions because it meets the
criteria of Sec. 63.487(h), the records specified in paragraphs
(a)(9)(i) and (ii) shall be maintained.
(i) Documentation of the maximum design capacity of the EPPU; and
(ii) The mass of HAP or material that can be charged annually to
the batch unit operation at the maximum design capacity.
[[Page 38064]]
(b) Compliance demonstration records. Each owner or operator of a
batch front-end process vent or aggregate batch vent stream complying
with Sec. 63.487(a) or (b), shall keep the following records, as
applicable, readily accessible:
(1) The annual mass emissions of halogen atoms in the batch front-
end process vent or aggregate batch vent stream determined according to
the procedures specified in Sec. 63.488(h).
(2) If the owner or operator of a batch front-end process vent has
chosen to comply with Sec. 63.487(a)(2), records documenting the batch
cycle percent reduction as specified in Sec. 63.490(c)(2).
(3) * * *
(ii) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during
the compliance determination required by Sec. 63.504(c); and
(iii) Periods when all pilot flames were absent.
(4) * * *
(iv) For a scrubber or other halogen reduction device following a
combustion device to control halogenated batch front-end process vents
or halogenated aggregate batch vent streams, the percent reduction of
total hydrogen halides and halogens, as determined under
Sec. 63.490(d)(3) or the emission limit determined under
Sec. 63.490(d)(4).
* * * * *
(d) * * *
(1) The owner or operator of a Group 2 batch front-end process vent
required to comply with Sec. 63.487(g) shall keep the following records
readily accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.487(g)(1) and specified in Sec. 63.490(f).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(2) The owner or operator of a Group 2 batch front-end process vent
complying with Sec. 63.487(f) shall keep the following records readily
accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.487(f)(1) and specified in Sec. 63.490(f).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(e) Controlled batch front-end process vent continuous compliance
records. Each owner or operator of a batch front-end process vent that
has chosen to use a control device to comply with Sec. 63.487(a) shall
keep the following records readily accessible:
(1) * * *
(i) For flares, the records specified in Table 6 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 6 of this
subpart shall be maintained in place of batch cycle daily averages.
(2) Records of the batch cycle daily average value of each
continuously monitored parameter, except as provided in paragraphs
(e)(2)(iii) of this section, as calculated using the procedures
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
(i) The batch cycle daily average shall be calculated as the
average of all parameter values measured for an operating day during
those batch emission episodes, or portions thereof, in the batch cycle
that the owner or operator has selected to control.
(ii) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle
daily averages. In addition, monitoring data recorded during periods of
non-operation of the EPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions, or periods of start-up, shutdown,
or malfunction shall not be included in computing the batch cycle daily
averages.
* * * * *
(3) Hourly records of whether the flow indicator for bypass lines
specified under Sec. 63.489(d)(1) was operating and whether a diversion
was detected at any time during the hour. Also, records of the times of
all periods when the vent is diverted from the control device, or the
flow indicator specified in Sec. 63.489(d)(1) is not operating.
(4) Where a seal or closure mechanism is used to comply with
Sec. 63.489(d)(2), hourly records of whether a diversion was detected
at any time are not required.
(i) For compliance with Sec. 63.489(d)(2), the owner or operator
shall record whether the monthly visual inspection of the seals or
closure mechanism has been done, and shall record the occurrence of all
periods when the seal mechanism is broken, the bypass line damper or
valve position has changed, or the key for a lock-and-key type
configuration has been checked out, and records of any car-seal that
has been broken.
(ii) [Reserved.]
* * * * *
(f) Aggregate batch vent stream continuous compliance records. In
addition to the records specified in paragraphs (b) and (c) of this
section, each owner or operator of an aggregate batch vent stream using
a control device to comply with Sec. 63.487(b)(1) or (b)(2) shall keep
the following records readily accessible:.
(1) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.489(b) and listed in Table 6 of
this subpart, as applicable, or specified by the Administrator in
accordance with Sec. 63.492(e), as allowed under Sec. 63.489(c), with
the exceptions listed in paragraphs (f)(1)(i) and (f)(1)(ii) of this
section.
(i) For flares, the records specified in Table 6 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 6 of this
subpart shall be maintained in place of daily averages.
(2) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.506(d).
(3) For demonstrating compliance with the monitoring of bypass
lines as specified in Sec. 63.489(d), records as specified in paragraph
(e)(3) or (e)(4) of this section, as appropriate.
(g) Documentation supporting the establishment of the batch mass
input limitation shall include the information specified in paragraphs
(g)(1) through (g)(5) of this section, as appropriate.
(1) Identification of whether the purpose of the batch mass input
limitation is to comply with Sec. 63.487(f)(1) or (g)(1).
(2) Identification of whether the batch mass input limitation is
based on the single highest-HAP recipe (considering all products) or on
the expected mix of products for the batch front-end process vent as
allowed under Sec. 63.488(a)(1).
(3) Definition of the operating year, for the purposes of
determining compliance with the batch mass input limitation.
(4) If the batch mass input limitation is based on the expected mix
of products, the owner or operator shall provide documentation that
describes as many scenarios for differing mixes of products (i.e., how
many of each type of product) as the owner or operator desires the
flexibility to accomplish. Alternatively, the owner or operator shall
provide a description of the relationship among the mix of products
that will allow a determination of compliance with the batch mass input
limitation under any number of scenarios.
[[Page 38065]]
(5) The mass of HAP or material allowed to be charged to the batch
unit operation per year under the batch mass input limitation.
14. Section 63.492 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (b);
c. Revising paragraph (c) introductory text;
d. Revising paragraph (c)(2);
e. Revising paragraph (d);
f.
Revising paragraph (e);
g. Revising paragraph (f);
h. Adding paragraphs (a)(5) and (a)(6); and
i. Removing paragraph (c)(3).
The revisions and additions read as follows:
Sec. 63.492 Batch front-end process vents--reporting requirements.
(a) The owner or operator of a batch front-end process vent or
aggregate batch vent stream at an affected source shall submit the
information specified in paragraphs (a)(1) through (a)(6) of this
section, as appropriate, as part of the Notification of Compliance
Status specified in Sec. 63.506(e)(5).
* * * * *
(5) For each Group 2 batch front-end process vent that is exempt
from the batch mass input limitation provisions because it meets the
criteria of Sec. 63.487(h), the information specified in
Sec. 63.491(a)(1) through (3), and the information specified in
Sec. 63.491(a)(4) through (6) as applicable, calculated at the
conditions specified in Sec. 63.487(h).
(6) When engineering assessment has been used to estimate emissions
from a batch emissions episode and the criteria specified in
Sec. 63.488(b)(6)(i)(A) or (B) have been met, the owner or operator
shall submit the information demonstrating that the criteria specified
in Sec. 63.488(b)(6)(i)(A) or (B) have been met as part of the
Notification of Compliance Status required by Sec. 63.506(e)(5).
(b) Whenever a process change, as defined in Sec. 63.488(i)(1), is
made that causes a Group 2 batch front-end process vent to become a
Group 1 batch front-end process vent, the owner or operator shall
notify the Administrator and submit a description of the process change
within 180 days after the process change is made or with the next
Periodic Report, whichever is later. The owner or operator of an
affected source shall comply with the Group 1 batch front-end process
vent provisions in Secs. 63.486 through 63.492 in accordance with
Sec. 63.480(i)(2)(ii).
(c) Whenever a process change, as defined in Sec. 63.488(i)(1), is
made that causes a Group 2 batch front-end process vent with annual
emissions less than the level specified in Sec. 63.488(d) for which the
owner or operator is required to comply with Sec. 63.487(g) to have
annual emissions greater than or equal to the level specified in
Sec. 63.488(d) but remains a Group 2 batch front-end process vent, or
if a process change is made that requires the owner or operator to
redetermine the batch mass input limitation as specified in
Sec. 63.488(i)(3), the owner or operator shall submit a report within
180 days after the process change is made or with the next Periodic
Report, whichever is later. The following information shall be
submitted:
* * * * *
(2) The batch mass input limitation determined in accordance with
Sec. 63.487(f)(1).
(d) The owner or operator is not required to submit a report of a
process change if one of the conditions specified in paragraphs (d)(1)
or (d)(2) of this section is met.
(1) The change does not meet the description of a process change in
Sec. 63.488(i).
(2) The redetermined group status remains Group 2 for an individual
batch front-end process vent with annual emissions greater than or
equal to the level specified in Sec. 63.488(d) and the batch mass input
limitation does not decrease, or a Group 2 batch front-end process vent
with annual emissions less than the level specified in Sec. 63.488(d)
complying with Sec. 63.487(g) continues to have emissions less than the
level specified in Sec. 63.488(d) and the batch mass input limitation
does not decrease.
(e) If an owner or operator uses a control device other than those
specified in Sec. 63.489(b) and listed in Table 6 of this subpart or
requests approval to monitor a parameter other than those specified in
Sec. 63.489(b) and listed in Table 6 of this subpart, the owner or
operator shall submit a description of planned reporting and
recordkeeping procedures, as specified in Sec. 63.506(f), as part of
the Precompliance Report as required under Sec. 63.506(e)(3). The
Administrator will specify appropriate reporting and recordkeeping
requirements as part of the review of the Precompliance Report.
(f) Owners or operators of affected sources complying with
Sec. 63.489(d), shall comply with paragraph (f)(1) or (f)(2) of this
section, as appropriate.
(1) Submit reports of the times of all periods recorded under
Sec. 63.491(e)(3) when the batch front-end process vent is diverted
away from the control device through a bypass line, with the next
Periodic Report.
(2) Submit reports of all occurrences recorded under
Sec. 63.491(e)(4) in which the seal mechanism is broken, the bypass
line damper or valve position has changed, or the key to unlock the
bypass line damper or valve was checked out, with the next Periodic
Report.
15. Section 63.493 is revised to read as follows:
Sec. 63.493 Back-end process provisions.
Owners and operators of new and existing affected sources shall
comply with the requirements in Secs. 63.494 through 63.500. Owners and
operators of affected sources whose only elastomer products are latex
products, liquid rubber products, or products produced in a gas-phased
reaction process are not subject to the provisions of Secs. 63.494
through 63.500. If latex or liquid rubber products are produced in an
affected source that also produces another elastomer product, the
provisions of Secs. 63.484 through 63.500 do not apply to the back-end
operations dedicated to the production of one or more latex products or
to the back-end operations during the production of a latex product.
Section 63.494 contains residual organic HAP limitations. Compliance
with these residual organic HAP limitations may be achieved by using
either stripping technology, or by using control or recovery devices.
If compliance with these limitations is achieved using stripping
technology, the procedures to determine compliance are specified in
Sec. 63.495. If compliance with these limitations is achieved using
control or recovery devices, the procedures to determine compliance are
specified in Sec. 63.496, and associated monitoring requirements are
specified in Sec. 63.497. Recordkeeping requirements are contained in
Sec. 63.498, and reporting requirements in Sec. 63.499. Section 63.500
contains a limitation on carbon disulfide emissions from affected
sources that produce styrene butadiene rubber using an emulsion
process. Table 8 to this subpart contains a summary of compliance
alternative requirements for these sections.
16. Section 63.494 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraphs (a)(1)(i), (a)(2)(i) and (a)(3)(i);
c. Revising paragraph (a)(4); and
d. Adding paragraph (d).
The revisions and additions read as follows:
Sec. 63.494 Back-end process provisions--residual organic HAP
limitations.
(a) The monthly weighted average residual organic HAP content of
all
[[Page 38066]]
grades of elastomer processed, measured after the stripping operation
[or the reactor(s), if the plant has no stripper(s)] as specified in
Sec. 63.495(d), shall not exceed the limits provided in paragraphs
(a)(1) through (a)(4) of this section, as applicable. Owners or
operators of affected sources shall comply with the requirements of
this paragraph using either stripping technology or control or recovery
devices.
(1) * * *
(i) A monthly weighted average of 0.40 kg styrene per megagram (Mg)
latex for existing affected sources; and
* * * * *
(2) * * *
(i) A monthly weighted average of 10 kg total organic HAP per Mg
crumb rubber (dry weight) for existing affected sources; and
* * * * *
(3) * * *
(i) A monthly weighted average of 8 kg total organic HAP per Mg
crumb rubber (dry weight) for existing affected sources; and
* * * * *
(4) There are no back-end process operation residual organic HAP
limitations for neoprene, HypalonTM, nitrile-butadiene
rubber, butyl rubber, halobutyl rubber, epichlorohydrin elastomer, and
polysulfide rubber. There are also no back-end process operation
residual organic HAP limitations for latex products, liquid rubber
products, products produced in a gas-phased reaction process, styrene
butadiene rubber produced by any process other than a solution or
emulsion process, polybutadiene rubber produced by any process other
than a solution process, or ethylene-propylene rubber produced by any
process other than a solution process.
* * * * *
(d) If the owner or operator complies with the residual organic HAP
limitations in paragraph (a) of this section using a flare, the owner
or operator of an affected source shall comply with the requirements in
Sec. 63.504(c).
17. Section 63.495 is amended by:
a. Revising paragraphs (b)(2)(i) and (b)(2)(ii);
b. Revising paragraph (b)(5); and
c. Revising paragraph (f).
The revisions read as follows:
Sec. 63.495 Back-end process provisions--procedures to determine
compliance using stripping technology.
* * * * *
(b) * * *
(2) * * *
(i) If a stripper operated in batch mode is used, at least one
representative sample is to be taken from every batch of elastomer
produced, at the location specified in paragraph (d) of this section,
and identified by elastomer type and by the date and time the batch is
completed.
(ii) If a stripper operated in continuous mode is used, at least
one representative sample is to be taken each operating day. The sample
is to be taken at the location specified in paragraph (d) of this
section, and identified by elastomer type and by the date and time the
sample was taken.
* * * * *
(5) The monthly weighted average shall be determined using the
equation in paragraph (f) of this section. All samples taken and
analyzed during the month shall be used in the determination of the
monthly weighted average, except samples taken during periods of start-
up, shutdown, or malfunction.
* * * * *
(f) The monthly weighted average residual organic HAP content shall
be calculated using Equation 26.
[GRAPHIC] [TIFF OMITTED] TR19JN00.019
Where:
HAPCONTavg,mo = Monthly weighted average organic HAP content
for all rubber processed at the affected source, kg organic HAP per Mg
latex or dry crumb rubber.
n = Number of samples in the month.
Ci = Residual organic HAP content of sample i, determined in
accordance with paragraph (b)(3) or (c)(3) of this section, kg organic
HAP per Mg latex or dry crumb rubber.
Pi = Weight of latex or dry crumb rubber represented by
sample i.
Pmo = Weight of latex or dry crumb rubber (Mg) processed in
the month.
18. Section 63.496 is amended by:
a. Revising paragraph (b) introductory text;
b. Revising paragraph (b)(5)(i);
c. Revising paragraph (b)(5)(iii);
d. Revising paragraph (b)(6)(iv);
e. Revising paragraph (b)(7) introductory text;
f. Revising paragraph (b)(7)(i);
g. Revising paragraph (b)(7)(iv);
h. Revising paragraph (b)(8) introductory text;
i. Revising paragraph (c)(1); and
j. Adding paragraph (b)(7)(vi).
The revisions and additions read as follows:
Sec. 63.496 Back-end process provisions--procedures to determine
compliance using control or recovery devices.
* * * * *
(b) Compliance shall be demonstrated using the provisions in
paragraphs (b)(1) through (b)(8) of this section, as applicable.
* * * * *
(5) * * *
(i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites. Sampling sites for
inlet emissions shall be located as specified in paragraphs
(b)(5)(i)(A) or (b)(5)(i)(B) of this section. Sampling sites for outlet
emissions shall be located at the outlet of the control or recovery
device.
(A) The inlet sampling site shall be located at the exit of the
back-end process unit operation before any opportunity for emission to
the atmosphere [with the exception of equipment in compliance with the
requirements in Secs. 63.502(a) through 63.502(m)], and before any
control or recovery device.
(B) If back-end process vent streams are combined prior to being
routed to control or recovery devices, the inlet sampling site may be
for the combined stream, as long as there is no opportunity for
emission to the atmosphere [with the exception of equipment in
compliance with the requirements in Secs. 63.502(a) through 63.502(m)]
from any of the streams prior to being combined.
* * * * *
(iii) To determine the inlet and outlet total organic HAP
concentrations, the owner or operator shall use Method 18 or Method 25A
of 40 CFR part 60, appendix A. Alternatively, any other method or data
that has been validated according to the applicable procedures in
Method 301, 40 CFR part 63,
[[Page 38067]]
appendix A may be used. The minimum sampling time for each run shall be
in accordance with paragraph (b)(1) of this section, during which
either an integrated sample or grab samples shall be taken. If grab
sampling is used, then the samples shall be taken at approximately
equal intervals during the run, with the time between samples no
greater than 15 minutes.
* * * * *
(6) * * *
(iv) The outlet total organic HAP emissions associated with the
back-end process unit operation shall be calculated using Equation 30,
as shown in paragraph (b)(8) of this section.
(7) An owner or operator is not required to conduct a source test
to determine the outlet organic HAP emissions if any control device
specified in paragraphs (b)(7)(i) through (b)(7)(vi) of this section is
used. For these devices, the inlet emissions associated with the back-
end process unit operation shall be determined in accordance with
paragraph (b)(5) of this section, and the outlet emissions shall be
calculated using the equation in paragraph (b)(8) of this section.
(i) A flare. The owner or operator shall demonstrate compliance as
provided in Sec. 63.504(c).
* * * * *
(iv) A control device for which a performance test was conducted
for determining compliance with a regulation promulgated by the EPA and
the test was conducted using the same Methods specified in this section
and either no deliberate process changes have been made since the test,
or the owner or operator can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes.
* * * * *
(vi) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR Part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(8) If one of the control devices listed in paragraph (b)(6) or
(b)(7) of this section is used, the outlet emissions shall be
calculated using Equation 30.
[GRAPHIC] [TIFF OMITTED] TR19JN00.020
where:
Eo = Mass rate of total organic HAP at the outlet of the
control or recovery device, dry basis, kg/hr.
Ei = Mass rate of total organic HAP at the inlet of the
control or recovery device, dry basis, kg/hr, determined using the
procedures in paragraph (b)(5)(iv) of this section.
R = Control efficiency of control device, as specified in paragraph
(b)(8)(i), (ii), or (iii) of this section.
* * * * *
(c) * * *
(1) For each test run, the residual organic HAP content, adjusted
for the control or recovery device emission reduction, shall be
calculated using Equation 31.
[GRAPHIC] [TIFF OMITTED] TR19JN00.021
Where:
HAPCONTrun = Residual organic HAP content, kg organic HAP
per kg elastomer (latex or dry crumb rubber).
C = Total uncontrolled organic HAP content, determined in accordance
with paragraph (b)(3) of this section, kg organic HAP per kg latex or
dry crumb rubber.
P = Weight of latex or dry crumb rubber processed during test run.
Ei,run = Mass rate of total organic HAP at the inlet of the
control or recovery device, dry basis, kg per test run.
Eo,run = Mass rate of total organic HAP at the outlet of the
control or recovery device, dry basis, kg per test run.
* * * * *
19. Section 63.497 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (a)(6);
c. Revising paragraph (c);
d. Revising paragraph (d) introductory text; and
e. Removing paragraph (d)(3).
The revisions read as follows:
Sec. 63.497 Back-end process provisions--monitoring provisions for
control and recovery devices.
(a) An owner or operator complying with the residual organic HAP
limitations in Sec. 63.494(a) using control or recovery devices, or a
combination of stripping and control or recovery devices, shall install
the monitoring equipment specified in paragraphs (a)(1) through (a)(6)
of this section, as appropriate.
* * * * *
(6) For a carbon adsorber, an integrating regeneration steam flow,
nitrogen flow, or pressure monitoring device having an accuracy of at
least 10 percent of the flow rate, level, or pressure,
capable of recording the total regeneration steam flow or nitrogen
flow, or pressure (gauge or absolute) for each regeneration cycle; and
a carbon bed temperature monitoring device, capable of recording the
carbon bed temperature after each regeneration and within 15 minutes of
completing any cooling cycle are required.
* * * * *
(c) The owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter, that indicates proper
operation of the control or recovery device for each parameter
monitored under paragraphs (a)(1) through (a)(6) of this section. This
level is determined in accordance with Sec. 63.505. The established
level, along with supporting documentation, shall be submitted in the
Notification of Compliance Status or the operating permit application,
as required in Sec. 63.506(e)(5) or (e)(8), respectively. The owner or
operator shall operate control and recovery devices so that the daily
average value is above or below the established level, as required, to
ensure continued compliance with the standard, except as otherwise
stated in this subpart.
(d) The owner or operator of an affected source with a controlled
back-end process vent using a vent system that contains bypass lines
that could divert a vent stream away from the control or recovery
device used to comply with Sec. 63.494(a) shall comply with paragraph
(d)(1) or (d)(2) of this section. Equipment such as low leg drains,
high point bleeds, analyzer vents, open-ended valves or lines, and
pressure relief valves needed for safety purposes are not subject to
this paragraph.
* * * * *
20. Section 63.498 is amended by:
a. Revising paragraph (a);
[[Page 38068]]
b. Revising paragraph (d) introductory text;
c. Revising paragraphs (d)(1) through (d)(4);
d. Revising paragraph (d)(5) introductory text;
e. Revising paragraph (d)(5)(i);
f. Revising paragraph (d)(5)(ii)(B);
g. Revising paragraph (d)(5)(iv) introductory text;
h. Revising paragraph (d)(5)(iv)(A); and
i. Removing and reserving paragraph (d)(5)(iv)(B).
The revisions read as follows:
Sec. 63.498 Back-end process provisions--recordkeeping.
(a) Each owner or operator shall maintain the records specified in
paragraphs (b) through (d) of this section, as appropriate.
* * * * *
(d) Each owner or operator of a back-end process operation using
control or recovery devices to comply with an organic HAP emission
limitation in Sec. 63.494(a) shall maintain the records specified in
paragraphs (d)(1) through (d)(5) of this section. The recordkeeping
requirements contained in paragraphs (d)(1) through (d)(4) pertain to
the results of the testing required by Sec. 63.496(b), for each of the
three required test runs.
(1) The uncontrolled residual organic HAP content in the latex or
dry crumb rubber, as required to be determined by Sec. 63.496(b)(3),
including the test results of the analysis;
(2) The total quantity of material (weight of latex or dry crumb
rubber) processed during the test run, recorded in accordance with
Sec. 63.496(b)(4);
(3) The organic HAP emissions at the inlet and outlet of the
control or recovery device, determined in accordance with
Sec. 63.496(b)(5) through (b)(8), including all test results and
calculations.
(4) The residual organic HAP content, adjusted for the control or
recovery device emission reduction, determined in accordance with
Sec. 63.496(c)(1).
(5) Each owner or operator using a control or recovery device shall
keep the following records readily accessible:
(i) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.497(a) or specified by the
Administrator in accordance with Sec. 63.497(b). For flares, the
records specified in Table 3 of 40 CFR part 63, subpart G shall be
maintained in place of continuous records.
(ii) * * *
(B) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or
daily averages. In addition, monitoring data recorded during periods of
non-operation of the EPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions or during periods of start-up,
shutdown, or malfunction shall not be included in computing the hourly
or daily averages. Records shall be kept of the times and durations of
all such periods and any other periods of process or control device
operation when monitors are not operating.
* * * * *
(iv) Where a seal mechanism is used to comply with
Sec. 63.497(d)(2), hourly records of flow are not required.
(A) For compliance with Sec. 63.497(d)(2), the owner or operator
shall record whether the monthly visual inspection of the seals or
closure mechanisms has been done, and shall record instances when the
seal mechanism is broken, the bypass line damper or valve position has
changed, or the key for a lock-and-key type configuration has been
checked out, and records of any car-seal that has broken.
(B) [Reserved]
21. Section 63.499 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b)(2);
c. Revising paragraph (c) introductory text;
d. Revising paragraph (c)(3); and
e. Revising paragraph (d) introductory text.
The revisions read as follows:
Sec. 63.499 Back-end process provisions--reporting.
(a) The owner or operator of an affected source with back-end
process operations shall submit the information required in paragraphs
(a)(1) through (a)(3) of this section, for each back-end process
operation at the affected source, as part of the Notification of
Compliance Status specified in Sec. 63.506(e)(5).
(1) The type of elastomer product processed in the back-end
operation.
(2) The type of process (solution process, emulsion process, etc.)
(3) If the back-end process operation is subject to an emission
limitation in Sec. 63.494(a), whether compliance will be achieved by
stripping technology, or by control or recovery devices.
(b) * * *
(2) For organic HAP content/stripper monitoring parameter re-
determinations, and the addition of new grades, the information
specified in Sec. 63.498(c)(1) shall be submitted in the next periodic
report specified in Sec. 63.506(e)(6).
(c) Each owner or operator of an affected source with a back-end
process operation control or recovery device that shall comply with an
emission limitation in Sec. 63.494(a) shall submit the information
specified in paragraphs (c)(1) through (c)(3) of this section as part
of the Notification of Compliance Status specified in
Sec. 63.506(e)(5).
* * * * *
(3) The information specified in paragraphs (c)(3)(i) when using a
flare, and the information specified in paragraph (c)(3)(ii) of this
section when using a boiler or process heater.
(i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted); all visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during
the compliance determination; and all periods during the compliance
determination when the pilot flame is absent.
(ii) A description of the location at which the vent stream is
introduced into the boiler or process heater.
(d) Whenever a process change, as defined in Sec. 63.496(d), is
made that causes the redetermination of the compliance status for the
back-end process operations, the owner or operator shall submit a
report within 180 days after the process change as specified in
Sec. 63.506(e)(7)(iii). The report shall include:
* * * * *
22. Section 63.500 is amended by:
a. Revising paragraph (a)(3);
b. Revising paragraph (c)(1) introductory text;
c. Revising paragraph (c)(1)(iii) introductory text;
d. Revising paragraph (c)(2) introductory text; and
e. Revising paragraph (d)(2).
The revisions read as follows:
Sec. 63.500 Back-end process provisions--carbon disulfide limitations
for styrene butadiene rubber by emulsion processes.
(a) * * *
(3) The owner or operator shall operate the process in accordance
with a validated standard operating procedure at all times when styrene
butadiene rubber is being produced using a sulfur containing shortstop
agent. If a standard operating procedure is changed, it shall be re-
validated.
* * * * *
(c) * * *
(1) The owner or operator may choose to conduct a performance test,
using the procedures in paragraphs (c)(1)(i) through (c)(1)(iii) of
this section to demonstrate compliance with the
[[Page 38069]]
carbon disulfide concentration limitation in paragraph (a) of this
section. One test shall be conducted for each standard operating
procedure.
* * * * *
(iii) To determine compliance with the carbon disulfide
concentration limit in paragraph (a) of this section, the owner or
operator shall use Method 18 or Method 25A of 40 CFR part 60, appendix
A to measure carbon disulfide. Alternatively, any other method or data
that has been validated according to the applicable procedures in
Method 301, 40 CFR part 63, appendix A, may be used. The following
procedures shall be used to calculate carbon disulfide concentration:
* * * * *
(2) The owner or operator may use engineering assessment to
demonstrate compliance with the carbon disulfide concentration
limitation in paragraph (a) of this section. Engineering assessment
includes, but is not limited to, the following:
* * * * *
(d) * * *
(2) A description of the standard operating procedure used during
the testing. This description shall include, at a minimum, an
identification of the sulfur containing shortstop agent added to the
styrene butadiene rubber prior to the dryers, an identification of the
point and time in the process where the sulfur containing shortstop
agent is added, and an identification of the amount of sulfur
containing shortstop agent added per unit of latex.
* * * * *
23. Section 63.501 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b);
c. Revising paragraph (c)(1); and
d. Removing paragraph (d).
The revisions read as follows:
Sec. 63.501 Wastewater provisions.
(a) Except as specified in paragraph (c) of this section, the owner
or operator of each affected source shall comply with the requirements
of Secs. 63.132 through 63.147 for each process wastewater stream
originating at an affected source, with the requirements of Sec. 63.148
for leak inspection provisions, and with the requirements of
Sec. 63.149 for equipment that is subject to Sec. 63.149, with the
differences noted in paragraphs (a)(1) through (a)(23) of this section.
Further, the owner or operator of each affected source shall comply
with the requirements of Sec. 63.105(a) for maintenance wastewater, as
specified in paragraph (b) of this section.
(1) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the
provisions in Sec. 63.6(g) shall apply for the purposes of this
subpart.
(2) When the storage vessel requirements contained in Secs. 63.119
through 63.123 are referred to in Secs. 63.132 through 63.149,
Secs. 63.119 through 63.123 are applicable, with the exception of the
differences referred to in Sec. 63.484, for the purposes of this
subpart.
(3) Owners and operators of affected sources are not required to
comply with the requirements in Sec. 63.132(b)(1) and Sec. 63.132(d).
Owners and operators of new affected sources, as defined in this
subpart, shall comply with the requirements for existing sources in
Secs. 63.132 through 63.149, with the exceptions noted in paragraphs
(a)(4), (a)(10), and (a)(23) of this section.
(4) When Sec. 63.146(a) requires the submission of a request for
approval to monitor alternative parameters according to the procedures
specified in Sec. 63.151(f) or (g), owners or operators requesting to
monitor alternative parameters shall follow the procedures specified in
Sec. 63.506(f), for the purposes of this subpart.
(5) When Sec. 63.147(d) requires owners or operators to keep
records of the daily average value of each continuously monitored
parameter for each operating day as specified in Sec. 63.152(f), owners
and operators shall instead keep records of the daily average value of
each continuously monitored parameter as specified in Sec. 63.506(d),
for the purposes of this subpart.
(6) When Secs. 63.132 through 63.149 refer to an ``existing
source,'' the term ``existing affected source,'' as defined in
Sec. 63.480(a)(3) shall apply, for the purposes of this subpart.
(7) When Secs. 63.132 through 63.149 refer to a ``new source,'' the
term ``new affected source,'' as defined in Sec. 63.480(a)(4) shall
apply, for the purposes of this subpart.
(8) Whenever Secs. 63.132 through 63.149 refer to a ``chemical
manufacturing process unit,'' the term ``elastomer product process
unit,'' (or EPPU) as defined in Sec. 63.482, shall apply for the
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a
chemical manufacturing process unit that meets the criteria of
Sec. 63.100(b) of subpart F of this part,'' the term ``an EPPU as
defined in Sec. 63.482(b)'' shall apply for the purposes of this
subpart.
(9) When Sec. 63.132(a) and (b) refer to the ``applicable dates
specified in Sec. 63.100 of subpart F of this part,'' the compliance
dates specified in Sec. 63.481 shall apply, for the purposes of this
subpart.
(10) The provisions of paragraphs (a)(10)(i), (a)(10)(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 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. 63.482 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 and/or List 2,
as listed in 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. 63.482 and that are listed in table
36 of 40 CFR part 63, subpart G, for the purposes of this subpart.
(11) Whenever Secs. 63.132 through 63.147 refer to a Group 1
wastewater stream or a Group 2 wastewater stream, the definitions of
these terms contained in Sec. 63.482 shall apply, for the purposes of
this subpart.
(12) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F''
the phrase ``Sec. 63.480(c)'' shall apply for the purposes of this
subpart. In addition, where Sec. 63.149(d) states ``and the item of
equipment is not otherwise exempt from controls by the provisions of
subparts A, F, G, or H of this part'', the phrase ``and the item of
equipment is not otherwise exempt from controls by the provisions of
subparts A, F, G, H, or U of this part,'' shall apply for the purposes
of this subpart.
(13) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical
manufacturing process unit subject to the new source requirements of 40
CFR 63.100(l)(1) or 40 CFR 63.100 (l)(2),'' the phrase ``an EPPU that
is part of a new affected source or that is a new affected source,''
shall apply for the purposes of this subpart.
(14) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.138 and 63.146,
the Notification of Compliance Status requirements contained in
Sec. 63.506(e)(5) shall apply for the purposes of this subpart. In
addition, when Secs. 63.138 and 63.146 require that information be
reported
[[Page 38070]]
according to Sec. 63.152(b) in the Notification of Compliance Status,
owners or operators of affected sources shall report the specified
information in the Notification of Compliance Status required by
Sec. 63.506(e)(5), for the purposes of this subpart.
(15) When the Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Sec. 63.146, the Periodic Report
requirements contained in Sec. 63.506(e)(6) shall apply for the
purposes of this subpart. In addition, when Sec. 63.146 requires that
information be reported in the Periodic Reports required in
Sec. 63.152(c), owners or operators of affected sources shall report
the specified information in the Periodic Reports required in
Sec. 63.506(e)(6), for the purposes of this subpart.
(16) When the term ``range'' is used in Secs. 63.132 through
63.149, the term ``level'' shall apply instead, for the purposes of
this subpart. This level shall be determined using the procedures
specified in Sec. 63.505.
(17) When Sec. 63.143(f) specifies that owners or operators shall
establish the range that indicates proper operation of the treatment
process or control device, the owner or operator shall instead comply
with the requirements of Sec. 63.505(c) or (d) for establishing
parameter level maximums/minimums, for the purposes of this subpart.
(18) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that
``the information on parameter ranges specified in Sec. 63.152(b)(2)''
be reported in the Notification of Compliance Status, owners and
operators of affected sources are instead required to report the
information on parameter levels in the Notification of Compliance
Status as specified in Sec. 63.506(e)(5)(ii), for the purposes of this
subpart.
(19) For the purposes of this subpart, the owner or operator of an
affected source is not required to include process wastewater streams
that contain styrene when conducting performance tests for the purposes
of calculating the required mass removal (RMR) or the actual mass
removal (AMR) under the provisions described in Sec. 63.145(f) or
Sec. 63.145(g). For purposes of this paragraph, a process wastewater
stream is considered to contain styrene if the wastewater stream meets
the requirements in paragraph (a)(19)(i), (ii), or (iii) of this
section:
(i) The wastewater stream originates at equipment that produces
styrene butadiene rubber by solution;
(ii) The wastewater stream originates at equipment that produces
styrene butadiene rubber by emulsion; or
(iii) The wastewater stream originates at equipment that produces
styrene butadiene latex.
(20) When the provisions of Sec. 63.139(c)(1)(ii),
Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR
part 60, appendix A shall be used, Method 18 or Method 25A, 40 CFR part
60, appendix A may be used for the purposes of this subpart. The use of
Method 25A, 40 CFR part 60, appendix A shall conform with the
requirements in paragraphs (a)(20)(i) and (a)(20)(ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(21) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b),
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the
requirements in Sec. 63.504(c) shall apply.
(22) The owner or operator of a facility which receives a Group 1
wastewater stream, or a residual removed from a Group 1 wastewater
stream, for treatment pursuant to Sec. 63.132(g) is subject to the
requirements of Sec. 63.132(g) with the differences identified in this
section, and is not subject to subpart DD of this part, with respect to
the received material.
(23) When Sec. 63.132(g) refers to ``Secs. 63.133 through 63.137''
or ``Secs. 63.133 through 63.147'', the provisions in this Sec. 63.501
shall apply, for the purposes of this subpart.
(b) Except for those streams exempted by paragraph (c) of this
section, the owner or operator of each affected source shall comply
with the requirements for maintenance wastewater in Sec. 63.105, except
that when Sec. 63.105(a) refers 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. 63.482 and that are listed in table 9 of 40 CFR part 63, subpart
G, for the purposes of this subpart.
(c) * * *
(1) Back-end wastewater streams originating from equipment whose
only elastomer products are latex products.
24. Section 63.502 is amended by:
a. Revising the section title;
b. Revising paragraph (a);
c. Revising paragraph (b) introductory text;
d. Revising paragraphs (b)(1) through (b)(3);
e. Revising paragraphs (b)(5) through (b)(7);
f. Revising paragraph (c);
g. Revising paragraph (d);
h. Revising paragraph (e);
i. Revising paragraph (f);
j. Revising paragraph (g);
k. Revising paragraph (h);
l. Revising paragraph (i);
m. Revising paragraph (j);
n. Adding paragraph (k);
o. Adding paragraph (l);
p. Adding paragraph (m); and
q. Adding paragraph (n).
The revisions and additions read as follows:
Sec. 63.502 Equipment leak and heat exchange system provisions.
(a) Equipment leak provisions. The owner or operator of each
affected source, shall comply with the requirements of subpart H of
this part, with the exceptions noted in paragraphs (b) through (m) of
this section.
(b) Surge control vessels and bottoms receivers described in
paragraphs (b)(1) through (b)(7) of this section are exempt from the
requirements contained in Sec. 63.170.
(1) Surge control vessels and bottoms receivers that receive only
styrene-butadiene latex;
(2) Surge control vessels and bottoms receivers that receive latex
products other than styrene-butadiene latex, located downstream of the
stripping operations;
(3) Surge control vessels and bottoms receivers that receive only
high conversion latex products;
* * * * *
(5) Surge control vessels and bottoms receivers that receive only
styrene;
(6) Surge control vessels and bottoms receivers that receive only
acrylamide; and
(7) Surge control vessels and bottoms receivers that receive only
epichlorohydrin.
(c) The compliance date for the equipment leak provisions in this
section is provided in Sec. 63.481(d). Whenever subpart H of this part
refers to the compliance dates specified in any paragraph contained in
Sec. 63.100, the compliance dates listed in Sec. 63.481(d) shall
instead apply, for the purposes of this subpart. When Sec. 63.182(c)(4)
refers to ``sources subject to subpart F,'' the phrase ``sources
subject to this subpart'' shall apply, for the purposes of this
subpart. In addition, extensions of compliance dates are addressed by
Sec. 63.481(e) instead of by Sec. 63.182(a)(6), for the purposes of
this subpart.
(d) For an affected source producing polybutadiene rubber or
styrene
[[Page 38071]]
butadiene rubber by solution, the conditions in paragraphs (d)(1),
(d)(2), and (d)(3) of this section are applicable.
(1) Indications of liquids dripping, as defined in subpart H of
this part, from bleed ports in pumps and agitator seals in light liquid
service, shall not be considered a leak. For the purposes of this
subpart, a ``bleed port'' is a technologically-required feature of the
pump or seal whereby polymer fluid used to provide lubrication and/or
cooling of the pump or agitator shaft exits the pump, thereby resulting
in a visible dripping of fluid.
(2) For reciprocating pumps in heavy liquid service, owners and
operators are not required to comply with the requirements in
Sec. 63.169 and associated recordkeeping and reporting requirements.
(3) Reciprocating pumps in light liquid service are exempt from
Sec. 63.163 and associated recordkeeping and reporting requirements, if
recasting the distance piece or reciprocating pump replacement would be
necessary to comply with that section.
(e) Owners and operators of an affected source subject to this
subpart are not required to submit the Initial Notification required by
Sec. 63.182(a)(1) and Sec. 63.182(b).
(f) As specified in Sec. 63.506(e)(5), the Notification of
Compliance Status required by Sec. 63.182(a)(2) and Sec. 63.182(c)
shall be submitted within 150 days (rather than 90 days) of the
applicable compliance date specified in Sec. 63.481(d) for the
equipment leak provisions.
(g) The information specified by Sec. 63.182(a)(3) and
Sec. 63.182(d) (i.e., Periodic Reports) shall be submitted as part of
the Periodic Reports required by Sec. 63.506(e)(6).
(h) If specific items of equipment, comprising part of a process
unit subject to this subpart, are managed by different administrative
organizations (e.g., different companies, affiliates, departments,
divisions, etc.), those items of equipment may be aggregated with any
EPPU within the affected source for all purposes under subpart H of
this part, providing there is no delay in achieving the applicable
compliance date.
(i) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of
this part, the owner or operator is only required to consider organic
HAP listed on Table 9 of subpart G of this subpart that are also listed
on Table 5 of this subpart.
(j) When the provisions of subpart H of this part specify that
Method 18, 40 CFR part 60, appendix A shall be used, either Method 18
or Method 25A, 40 CFR part 60, appendix A may be used for the purposes
of this subpart. The use of Method 25A, 40 CFR part 60, appendix A
shall conform with the requirements in paragraphs (j)(1) and (j)(2) of
this section.
(1) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of emissions.
(2) The use of Method 25A, 40 CFR part 63, appendix A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
(k) An owner or operator using a flare to comply with the
requirements of this section shall conduct a compliance demonstration
as specified in Sec. 63.504(c).
(l) When the term ``equipment'' is used in subpart H of this part,
the definition of this term in Sec. 63.482(b) shall apply for the
purposes of this subpart.
(m) The phrase ``the provisions of subparts F, I, or U of this
part'' shall apply instead of the phrase ``the provisions of subpart F
or I of this part'' throughout Secs. 63.163 and 63.168, for the
purposes of this subpart. In addition, the phrase ``subparts F, I, and
U'' shall apply instead of the phrase ``subparts F and I'' in
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
(n) Heat exchange system provisions. The owner or operator of each
affected source shall comply with the requirements of Sec. 63.104 for
heat exchange systems, with the exceptions noted in paragraphs (n)(1)
through (n)(5) of this section.
(1) When the term ``chemical manufacturing process unit'' is used
in Sec. 63.104, the term ``elastomer product process unit'' (or EPPU)
shall apply for the purposes of this subpart, with the exception noted
in paragraph (n)(2) of this section.
(2) When the phrase ``a chemical manufacturing process unit meeting
the conditions of Sec. 63.100(b)(1) through (b)(3) of this subpart,
except for chemical manufacturing process units meeting the condition
specified in Sec. 63.100(c) of this subpart'' is used in
Sec. 63.104(a), the term ``an EPPU, except for EPPUs meeting the
condition specified in Sec. 63.480(b)'' shall apply for the purposes of
this subpart.
(3) When Sec. 63.104 refers to Table 4 of subpart F of this part or
Table 9 of subpart G of this part, the owner or operator is only
required to consider organic HAP listed on Table 5 of this subpart.
(4) When Sec. 63.104(c)(3) specifies 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 requirements in Sec. 63.506(a)
and Sec. 63.506(h) shall apply, for the purposes of this subpart.
(5) When Sec. 63.104(f)(2) requires information to be reported in
the Periodic Reports required by Sec. 63.152(c), the owner or operator
shall instead report the information specified in Sec. 63.104(f)(2) in
the Periodic Reports required by Sec. 63.506(e)(6), for the purposes of
this subpart.
(6) The compliance date for heat exchange systems subject to the
provisions of this section is specified in Sec. 63.481(d)(6).
25. Section 63.503 is amended by:
a. Revising paragraph (e)(3)(ii);
b. Revising paragraph (g)(2)(iii)(B)(2);
c. Revising paragraph (h)(1) introductory text;
d. Revising paragraph (h)(7)(ii) introductory text;
e. Revising paragraph (i)(1) introductory text; and
f. Revising paragraph (m)(3)(iii).
The revisions read as follows:
Sec. 63.503 Emissions averaging provisions.
* * * * *
(e) * * *
(3) * * *
(ii) The initial demonstration in the Emissions Averaging Plan or
operating permit application that credit-generating emission points
will be capable of generating sufficient credits to offset the debits
from the debit-generating emission points shall be made under
representative operating conditions. After the compliance date, actual
operating data shall be used for all debit and credit calculations.
* * * * *
(g) * * *
(2) * * *
(iii) * * *
(B) * * *
(2) For determining debits from Group 1 continuous front-end
process vents, product recovery devices shall not be considered control
devices and shall not be assigned a percent reduction in calculating
ECFEPViACTUAL. The sampling site for measurement of
uncontrolled emissions shall be after the final uncontrolled recovery
device. However, as provided in Sec. 63.113(a)(3), a Group 1 continuous
front-end process vent may add sufficient product recovery to raise the
TRE index value above 1.0, thereby becoming a Group 2 continuous front-
end process vent. Such a continuous front-end process vent is not a
Group 1 continuous front-end
[[Page 38072]]
process vent and should, therefore, not be included in determining
debits under this paragraph.
* * * * *
(h) * * *
(1) Source-wide credits shall be calculated using Equation 41.
Credits and all terms of the equation are in units of Mg/month, and the
baseline date is November 15, 1990:
[GRAPHIC] [TIFF OMITTED] TR19JN00.022
Where:
D = Discount factor = 0.9 for all credit generating emission points,
except those controlled by a pollution prevention measure; discount
factor = 1.0 for each credit generating emission point controlled by a
pollution prevention measure (i.e., no discount provided).
ECFEPV1iACTUAL = Emissions for each Group 1 continuous
front-end process vent i that is controlled to a level more stringent
than the reference control technology. ECFEPV1iACTUAL is
calculated according to paragraph (h)(2)(ii) of this section.
(0.02)ECFEPV1iu = Emissions from each Group 1 continuous
front-end process vent i if the reference control technology had been
applied to the uncontrolled emissions. ECFEPV1iu is
calculated according to paragraph (h)(2)(i) of this section.
ECFEPV2iACTUAL = Emissions from each Group 2 continuous
front-end process vent i that is controlled. ECFEPV2iACTUAL
is calculated according to paragraph (h)(2)(iii) of this section.
ECFEPV2iBASE = Emissions from each Group 2 continuous front-
end process vent i at the baseline date. ECFEPV2iBASE is
calculated in paragraph (h)(2)(iv) of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i
that is controlled to a level more stringent than the reference control
technology or standard. ES1iACTUAL is calculated according
to paragraph (h)(3) of this section.
(0.05) ES1iu = Emissions from each Group 1 storage vessel i
if the reference control technology had been applied to the
uncontrolled emissions. ES1iu is calculated according to
paragraph (h)(3) of this section.
ES2iACTUAL = Emissions from each Group 2 storage vessel i
that is controlled. ES2iACTUAL is calculated according to
paragraph (h)(3) of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at
the baseline date. ES2iBASE is calculated in paragraph
(h)(3) of this section.
EBEPACTUAL = Actual emissions from back-end process
operations, Mg/month. EBEPACTUAL is calculated in paragraph
(h)(4)(i) of this section.
EBEPc = Emissions from back-end process operations if the
residual organic HAP limits in Sec. 63.494(a) were met, Mg/month.
EBEPc is calculated in paragraph (h)(4)(ii) of this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream
i that is controlled to a level more stringent than the reference
control technology. EWW1iACTUAL is calculated according to
paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if
the reference control technology had been applied to the uncontrolled
emissions. EWW1ic is calculated according to paragraph
(h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream
i that is controlled. EWW2iACTUAL is calculated according to
paragraph (h)(5) of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i
at the baseline date. EWW2iBASE is calculated according to
paragraph (h)(5) of this section.
(0.1) EBFEPV1iu = Emissions from each Group 1 batch front-
end process vent i if the applicable standard had been applied to the
uncontrolled emissions. EBFEPV1iu is calculated according to
paragraph (h)(6)(i) of this section.
EBFEPV1iACTUAL = Emissions from each Group 1 batch front-end
process vent i that is controlled to a level more stringent than the
applicable standard. EBFEPV1iACTUAL is calculated according
to paragraph (h)(6)(ii) of this section.
(0.1)EABV1iu = Emissions from each Group 1 aggregate batch
vent stream i if the applicable standard had been applied to the
uncontrolled emissions. EABV1iu is calculated according to
paragraph (h)(7)(i) of this section.
EABV1iACTUAL = Emissions from each Group 1 aggregate batch
vent stream i that is controlled to a level more stringent than the
applicable standard. EABV1iACTUAL is calculated according to
paragraph (h)(7)(ii) of this section.
EBFEPV2iBASE = Emissions from each Group 2 batch front-end
process vent i at the baseline date. EBFEPV2iBASE is
calculated according to paragraph (h)(6)(iv) of this section.
EBFEPV2iACTUAL = Emissions from each Group 2 batch front-end
process vent i that is controlled. EBFEPV2iACTUAL is
calculated according to paragraph (h)(6)(iii) of this section.
EABV2iBASE = Emissions from each Group 2 aggregate batch
vent stream
[[Page 38073]]
i at the baseline date. EABV2iBASE is calculated according
to paragraph (h)(7)(iv) of this section.
EABV2iACTUAL = Emissions from each Group 2 aggregate batch
vent stream i that is controlled. EABV2iACTUAL is calculated
according to paragraph (h)(7)(iii) of this section.
n = Number of Group 1 emission points included in the emissions
average. The value of n is not necessarily the same for continuous
front-end process vents, batch front-end process vents, aggregate batch
vent streams, storage vessels, wastewater streams, or the collection of
process sections within the affected source.
m = Number of Group 2 emission points included in the emissions
average. The value of m is not necessarily the same for continuous
front-end process vents, batch front-end process vents, aggregate batch
vent streams, storage vessels, wastewater streams, or the collection of
process sections within the affected source.
* * * * *
(7) * * *
(ii) Actual emissions from Group 1 aggregate batch vent streams
controlled to a level more stringent than the standard
(EABV1iACTUAL) shall be calculated using Equation 49.
[GRAPHIC] [TIFF OMITTED] TR19JN00.023
* * * * *
(i) * * *
(1) In those cases where the owner or operator is seeking
permission to take credit for use of a control technology that is
different in use or design from the reference control technology, and
the different control technology will be used in more than three
applications at a single plant-site, the owner or operator shall submit
the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of
this section, as specified in Sec. 63.506(e)(7)(ii), to the Director of
the EPA Office of Air Quality Planning and Standards, in writing.
* * * * *
(m) * * *
(3) * * *
(iii) For closed vent systems with control devices, conduct an
initial design evaluation and submit an operating plan according to the
procedures specified in Sec. 63.120(d) and Sec. 63.122(b), and as
required by Sec. 63.484.
* * * * *
26. Section 63.504 is revised (including the section title) to read
as follows:
Sec. 63.504 Additional requirements for performance testing.
(a) Performance testing shall be conducted in accordance with
Sec. 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h),
with the exceptions specified in paragraphs (a)(1) through (a)(5) of
this section and the additions specified in paragraph (b) of this
section. Sections 63.484 through 63.501 also contain specific testing
requirements.
(1) Performance tests shall be conducted according to the
provisions of Sec. 63.7(e)(1) and (e)(2), except that performance tests
shall be conducted at maximum representative operating conditions
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) of this section to occur.
(i) The 6-month period that ends 2 months before the Notification
of Compliance Status is due, according to Sec. 63.506(e)(5); or the 6-
month period that begins 3 months before the performance test and ends
3 months after the performance test.
(ii) Causing damage to equipment; necessitating that the owner or
operator make product that does not meet an existing specification for
sale to a customer; or necessitating that the owner or operator make
product in excess of demand.
(2) References in Sec. 63.7(g) to the Notification of Compliance
Status requirements in Sec. 63.9(h) shall refer to the requirements in
Sec. 63.506(e)(5).
(3) Because the site-specific test plans in Sec. 63.7(c)(3) are not
required, Sec. 63.7(h)(4)(ii) is not applicable.
(4) The owner or operator shall notify the Administrator of the
intent to conduct a performance test at least 30 days before the
performance test is scheduled, to allow the Administrator the
opportunity to have an observer present during the test. If after 30
days notice for an initially scheduled performance test, there is a
delay (due to operational problems, etc.) in conducting the scheduled
performance test, the owner or operator of an affected facility shall
notify the Administrator as soon as possible of any delay in the
original test date, either by providing at least 7 days prior notice of
the rescheduled date of the performance test, or by arranging a
rescheduled date with the Administrator by mutual agreement.
(5) Performance tests shall be performed no later than 150 days
after the compliance dates specified in this subpart (i.e., in time for
the results to be included in the Notification of Compliance Status),
rather than according to the time periods in Sec. 63.7(a)(2).
(b) Data shall be reduced in accordance with the EPA approved
methods specified in the applicable subpart or, if other test methods
are used, the data and methods shall be validated according to the
protocol in Method 301, 40 CFR part 63, appendix A.
(c) Notwithstanding any other provision of this subpart, if an
owner or operator of an affected source uses a flare to comply with any
of the requirements of this subpart, the owner or operator shall comply
with paragraphs (c)(1) through (c)(3) of this section. The owner or
operator is not required to conduct a performance test to determine
percent emission reduction or outlet organic HAP or TOC concentration.
If a compliance demonstration has been conducted previously for a
flare, using the techniques specified in paragraphs (c)(1) through
(c)(3) of this section, that compliance demonstration may be used to
satisfy the requirements of this paragraph if either no deliberate
process changes have been made since the compliance demonstration, or
the results of the compliance demonstration reliably demonstrate
compliance despite process changes.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4);
(2) Determine the net heating value of the gas being combusted,
using the techniques specified in Sec. 63.11(b)(6); and
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where
applicable) or Sec. 63.11(b)(8), as appropriate.
27. Section 63.505 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b) introductory text;
c. Revising paragraph (b)(2);
d. Revising paragraph (b)(3) introductory text;
[[Page 38074]]
e. Revising paragraphs (b)(3)(i)(A) through (b)(3)(i)(D);
f. Revising paragraph (b)(3)(ii);
g. Revising paragraph (c);
h. Revising paragraph (d);
i. Revising paragraph (e) introductory text;
j. Revising paragraph (e)(3);
k. Revising paragraph (g)(1) introductory text;
l. Revising paragraphs (g)(1)(ii) and (g)(1)(iii);
m. Revising paragraph (g)(2) introductory text;
n. Revising paragraph (g)(2)(ii);
o. Revising paragraph (h)(1) introductory text;
p. Revising paragraph (h)(2) introductory text;
q. Removing and reserving paragraph (b)(1);
r. Removing and reserving paragraph (f);
s. Removing paragraph (b)(3)(i)(E);
t. Adding paragraph (g)(1)(v); and
u. Adding paragraph (g)(3).
The revisions and additions read as follows:
Sec. 63.505 Parameter monitoring levels and excursions.
(a) Establishment of parameter monitoring levels. The owner or
operator of a control or recovery device that has one or more parameter
monitoring level requirements specified under this subpart shall
establish a maximum or minimum level for each measured parameter. If a
performance test is required by this subpart for a control device, the
owner or operator shall use the procedures in either paragraph (b) or
(c) of this section to establish the parameter monitoring level(s). If
a performance test is not required by this subpart for a control
device, the owner or operator may use the procedures in paragraph (b),
(c), or (d) of this section to establish the parameter monitoring
levels. When using the procedures specified in paragraph (c) or (d) of
this section, the owner or operator shall submit the information
specified in Sec. 63.506(e)(3)(vii) for review and approval, as part of
the Precompliance Report.
(1) The owner or operator shall operate control and recovery
devices such that the daily average of monitored parameters remains
above the minimum established level or below the maximum established
level, except as otherwise stated in this subpart.
(2) As specified in Sec. 63.506(e)(5), all established levels,
along with their supporting documentation and the definition of an
operating day, shall be submitted as part of the Notification of
Compliance Status.
(3) Nothing in this section shall be construed to allow a
monitoring parameter excursion caused by an activity that violates
other applicable provisions of subpart A, F, G, or H of this part.
(b) Establishment of parameter monitoring levels based exclusively
on performance tests. In cases where a performance test is required by
this subpart, or the owner or operator of the affected source elects to
do a performance test in accordance with the provisions of this
subpart, and an owner or operator elects to establish a parameter
monitoring level for a control, recovery, or recapture device based
exclusively on parameter values measured during the performance test,
the owner or operator of the affected source shall comply with the
procedures in paragraphs (b)(1) through (b)(4) of this section, as
applicable.
(1) [Reserved]
(2) Back-end process operations using a control or recovery device
to comply with Secs. 63.493 through 63.500 and continuous front-end
process vents. During initial compliance testing, the appropriate
parameter shall be continuously monitored during the required 1-hour
runs. The monitoring level(s) shall then be established as the average
of the maximum (or minimum) point values from the three test runs. The
average of the maximum values shall be used when establishing a maximum
level, and the average of the minimum values shall be used when
establishing a minimum level.
(3) Batch front-end process vents. The monitoring level(s) shall be
established using the procedures specified in either paragraph
(b)(3)(i) or (b)(3)(ii) of this section. The procedures specified in
this paragraph (b)(3) may only be used if the batch emission episodes,
or portions thereof, selected to be controlled were tested, and
monitoring data were collected, during the entire period in which
emissions were vented to the control device, as specified in
Sec. 63.490(c)(1)(i). If the owner or operator chose to test only a
portion of the batch emission episode, or portion thereof, selected to
be controlled, the procedures in paragraph (c) of this section shall be
used.
(i) * * *
(A) The average monitored parameter value shall be calculated for
each batch emission episode, or portion thereof, in the batch cycle
selected to be controlled. The average shall be based on all values
measured during the required performance test.
(B) If the level to be established is a maximum operating
parameter, the level shall be defined as the minimum of the average
parameter values of the batch emission episodes, or portions thereof,
in the batch cycle selected to be controlled (i.e., identify the
emission episode, or portion thereof, which requires the lowest
parameter value in order to assure compliance. The average parameter
value that is necessary to assure compliance for that emission episode,
or portion thereof, shall be the level for all emission episodes, or
portions thereof, in the batch cycle, that are selected to be
controlled).
(C) If the level to be established is a minimum operating
parameter, the level shall be defined as the maximum of the average
parameter values of the batch emission episodes, or portions thereof,
in the batch cycle selected to be controlled (i.e., identify the
emission episode, or portion thereof, which requires the highest
parameter value in order to assure compliance. The average parameter
value that is necessary to assure compliance for that emission episode,
or portion thereof, shall be the level for all emission episodes, or
portions thereof, in the batch cycle, that are selected to be
controlled).
(D) Alternatively, an average monitored parameter value shall be
calculated for the entire batch cycle based on all values measured
during each batch emission episode, or portion thereof, selected to be
controlled.
(ii) Instead of establishing a single level for the batch cycle, as
described in paragraph (b)(3)(i) of this section, an owner or operator
may establish separate levels for each batch emission episode, or
portion thereof, selected to be controlled. Each level shall be
determined as specified in paragraph (b)(3)(i)(A) of this section.
* * * * *
(c) Establishment of parameter monitoring levels based on
performance tests, supplemented by engineering assessments and/or
manufacturer's recommendations. In cases where a performance test is
required by this subpart, or the owner or operator elects to do a
performance test in accordance with the provisions of this subpart, and
the owner or operator elects to establish a parameter monitoring level
for a control, recovery, or recapture device under this paragraph (c),
the owner or operator shall supplement the parameter values measured
during the performance test with engineering assessments and/or
manufacturer's recommendations. Performance testing is not required to
be conducted over the entire range of expected parameter values.
(d) Establishment of parameter monitoring based on engineering
[[Page 38075]]
assessments and/or manufacturer's recommendations. In cases where a
performance test is not required by this subpart and an owner or
operator elects to establish a parameter monitoring level for a
control, recovery, or recapture device under this paragraph (d), the
determination of the parameter monitoring level shall be based
exclusively on engineering assessments and/or manufacturer's
recommendations.
(e) Demonstration of compliance with back-end process provisions
using stripper parameter monitoring. If the owner or operator is
demonstrating compliance with Sec. 63.495 using stripper parameter
monitoring, stripper parameter levels shall be established for each
grade in accordance with paragraphs (e)(1) and (e)(2) of this section.
A single set of stripper parameter levels may be representative of
multiple grades.
* * * * *
(3) After the initial determinations, an owner or operator may add
a grade, with corresponding stripper parameter levels, using the
procedures in paragraphs (e)(1) and (e)(2) of this section. The results
of this determination shall be submitted in the next periodic report.
* * * * *
(f) [Reserved]
(g) * * *
(1) With respect to storage vessels (where the applicable
monitoring plan specifies continuous monitoring), continuous front-end
process vents, aggregate batch vent streams, back-end process
operations complying through the use of control or recovery devices,
and process wastewater streams, an excursion means any of the three
cases listed in paragraphs (g)(1)(i) through (g)(1)(iii) of this
section. For a control or recovery device where multiple parameters are
monitored, if one or more of the parameters meets the excursion
criteria in paragraphs (g)(1)(i) through (g)(1)(iii) of this section,
this is considered a single excursion for the control or recovery
device. For each excursion, the owner or operator shall be deemed out
of compliance with the provisions of this subpart, except as provided
in paragraph (i) of this section.
* * * * *
(ii) When the period of control or recovery device operation, with
the exception noted in paragraph (g)(1)(v) of this section, is 4 hours
or greater in an operating day and monitoring data are insufficient, as
defined in paragraph (g)(1)(iv) of this section, to constitute a valid
hour of data for at least 75 percent of the operating hours.
(iii) When the period of control or recovery device operation, with
the exception noted in paragraph (g)(1)(v) of this section, is less
than 4 hours in an operating day and more than two of the hours during
the period of operation do not constitute a valid hour of data due to
insufficient monitoring data, as defined in paragraph (g)(1)(iv) of
this section.
* * * * *
(v) The periods listed in paragraphs (g)(1)(v)(A) through
(g)(1)(v)(E) of this section are not considered to be part of the
period of control or recovery device operation, for the purposes of
paragraphs (g)(1)(ii) and (g)(1)(iii) of this section.
(A) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(B) Start-ups;
(C) Shutdowns;
(D) Malfunctions; or
(E) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(2) With respect to batch front-end process vents, an excursion
means one of the two cases listed in paragraphs (g)(2)(i) and
(g)(2)(ii) of this section. For a control device where multiple
parameters are monitored, if one or more of the parameters meets the
excursion criteria in either paragraph (g)(2)(i) or (g)(2)(ii) of this
section, this is considered a single excursion for the control device.
For each excursion, the owner or operator shall be deemed out of
compliance with the provisions of this subpart, except as provided in
paragraph (i) of this section.
* * * * *
(ii) When monitoring data are insufficient for an operating day.
Monitoring data shall be considered insufficient when measured values
are not available for at least 75 percent of the 15-minute periods when
batch emission episodes selected to be controlled are being vented to
the control device during the operating day, using the procedures
specified in paragraphs (g)(2)(ii)(A) through (g)(2)(ii)(D) of this
section.
(A) Determine the total amount of time during the operating day
when batch emission episodes selected to be controlled are being vented
to the control device.
(B) Subtract the time during the periods listed in paragraphs
(g)(2)(ii)(B)(1) through (g)(2)(ii)(B)(4) of this section from the
total amount of time determined in paragraph (g)(2)(ii)(A) of this
section, to obtain the operating time used to determine if monitoring
data are insufficient.
(1) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(2) Start-ups;
(3) Shutdowns; or
(4) Malfunctions.
(C) Determine the total number of 15-minute periods in the
operating time used to determine if monitoring data are insufficient,
as was determined in accordance with paragraph (g)(2)(ii)(B) of this
section.
(D) If measured values are not available for at least 75 percent of
the total number of 15-minute periods determined in paragraph
(g)(2)(ii)(C) of this section, the monitoring data are insufficient for
the operating day.
(3) For storage vessels where the applicable monitoring plan does
not specify continuous monitoring, an excursion is defined in paragraph
(g)(3)(i) or (ii) of this section, as applicable. For a control or
recovery device where multiple parameters are monitored, if one or more
of the parameters meets the excursion criteria, this is considered a
single excursion for the control or recovery device. For each
excursion, the owner or operator shall be deemed out of compliance with
the provisions of this subpart, except as provided in paragraph (i) of
this section.
(i) If the monitoring plan specifies monitoring a parameter and
recording its value at specific intervals (such as every 15 minutes or
every hour), either of the cases listed in paragraph (g)(3)(i)(A) or
(g)(3)(i)(B) of this section is considered a single excursion for the
control device.
(A) When the average value of one or more parameters, averaged over
the duration of the filling period for the storage vessel, is above the
maximum level or below the minimum level established for the given
parameters.
(B) When monitoring data are insufficient. Monitoring data shall be
considered insufficient when measured values are not available for at
least 75 percent of the specific intervals at which parameters are to
be monitored and recorded, according to the storage vessel's monitoring
plan, during the filling period for the storage vessel.
(ii) If the monitoring plan does not specify monitoring a parameter
and recording its value at specific intervals (for example, if the
relevant operating requirement is to exchange a disposable carbon
canister before expiration of its rated service life), the monitoring
plan shall define an excursion in terms of the relevant operating
requirement.
(h) * * *
(1) With respect to back-end process operations complying through
the use of stripping technology, and demonstrating
[[Page 38076]]
compliance by sampling, an excursion means one of the two cases listed
in paragraphs (h)(1)(i) and (h)(1)(ii) of this section. For each
excursion, the owner or operator shall be deemed out of compliance with
the provisions of this subpart, except as provided in paragraph (i) of
this section.
* * * * *
(2) With respect to back-end process operations complying through
the use of stripping technology, and demonstrating compliance by
stripper parameter monitoring, an excursion means one of the three
cases listed in paragraphs (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of
this section. For each excursion, the owner or operator shall be deemed
out of compliance with the provisions of this subpart, except as
provided in paragraph (i) of this section.
* * * * *
28. Section 63.506 is amended by:
a. Revising paragraph (a);
b. Revising paragraphs (b)(1) and (b)(2);
c. Revising paragraph (d) introductory text;
d. Revising paragraphs (d)(2) and (d)(3);
e. Revising paragraphs (d)(6) through (d)(9);
f. Revising paragraph (e) introductory text;
g. Revising paragraphs (e)(1) through (e)(3);
h. Revising paragraph (e)(4) introductory text;
i. Revising paragraph (e)(4)(i);
j. Revising paragraph (e)(4)(ii) introductory text;
k. Revising paragraph (e)(4)(ii)(B);
l. Revising paragraph (e)(4)(ii)(D);
m. Revising paragraphs (e)(4)(ii)(F)(1) and (e)(4)(ii)(F)(2);
n. Revising paragraphs (e)(4)(ii)(F)(4) and (e)(4)(ii)(F)(5);
o. Revising paragraph (e)(4)(ii)(G)(1);
p. Revising paragraph (e)(4)(ii)(H)(2);
q. Revising paragraph (e)(4)(ii)(H)(3)(i);
r. Revising paragraph (e)(4)(ii)(H)(4)(i);
s. Revising paragraphs (e)(4)(ii)(I) through (e)(4)(ii)(K);
t. Revising paragraph (e)(4)(ii)(L)(2);
u. Revising paragraph (e)(4)(iii);
v. Revising paragraph (e)(4)(iv) introductory text;
w. Revising paragraph (e)(4)(iv)(A) introductory text;
x. Revising paragraph (e)(4)(iv)(B) introductory text;
y. Revising paragraph (e)(4)(iv)(C);
z. Revising paragraph (e)(5) introductory text;
aa. Revising paragraph (e)(5)(i) introductory text;
bb. Revising paragraph (e)(5)(i)(A);
cc. Revising paragraph (e)(5)(ii) introductory text;
dd. Revising paragraph (e)(5)(iii);
ee. Revising paragraph (e)(5)(v);
ff. Revising paragraphs (e)(5)(vii) through (e)(5)(ix);
gg. Revising paragraph (e)(6) introductory text;
hh. Revising paragraphs (e)(6)(i) and (e)(6)(ii);
ii. Revising paragraph (e)(6)(iii)(A);
jj. Revising paragraph (e)(6)(iii)(B);
kk. Revising paragraph (e)(6)(iii)(D) introductory text;
ll. Revising paragraphs (e)(6)(iii)(D)(2) through
(e)(6)(iii)(D)(4);
mm. Revising paragraph (e)(6)(iv);
nn. Revising paragraph (e)(6)(v)(B);
oo. Revising paragraph (e)(6)(vi) through (e)(6)(xi);
pp. Revising paragraph (e)(7) introductory text;
qq. Revising paragraphs (e)(7)(i) through (e)(7)(iii);
rr. Revising paragraph (e)(8);
ss. Revising paragraph (f) introductory text;
tt. Revising paragraph (f)(3) introductory text;
uu. Revising paragraph (g) introductory text;
vv. Revising paragraph (g)(1);
ww. Revising paragraph (g)(2)(ii)(D);
xx. Revising paragraph (g)(3) introductory text;
yy. Revising paragraph (g)(3)(i)(A);
zz. Revising paragraph (g)(4);
aaa. Revising paragraph (h) introductory text;
bbb. Revising paragraph (h)(1) introductory text;
ccc. Revising paragraph (h)(1)(ii)(B);
ddd. Revising paragraph (h)(1)(iv);
eee. Revising paragraph (h)(1)(vi) introductory text;
fff. Revising paragraphs (h)(1)(vi)(B) and (h)(1)(vi)(C);
ggg. Revising paragraph (h)(2)(i);
hhh. Revising paragraph (h)(2)(iii);
iii. Revising paragraph (h)(2)(iv)(A);
jjj. Removing paragraph (b)(1)(i)(D);
kkk. Removing paragraph (d)(10);
lll. Removing and reserving paragraph (c);
mmm. Removing and reserving paragraphs (d)(4) and (d)(5);
nnn. Removing and reserving paragraph (e)(5)(iv);
ooo. Removing and reserving paragraph (e)(6)(iii) (C);
ppp. Adding paragraph (e)(4)(ii)(N);
qqq. Adding paragraphs (e)(5)(x) through (e)(5)(xii);
rrr. Adding paragraph (e)(6)(iii)(D)(5);
sss. Adding paragraph (e)(6)(xii);
ttt. Adding paragraph (e)(7)(iv);
uuu. Adding paragraph (e)(7)(v); and
vvv. Adding paragraph (h)(1)(vi)(D).
The revisions and additions read as follows:
Sec. 63.506 General recordkeeping and reporting provisions.
(a) Data retention. Unless otherwise specified in this subpart, the
owner or operator of an affected source shall keep copies of all
applicable records and reports required by this subpart for at least 5
years, as specified in paragraph (a)(1) of this section, with the
exception listed in paragraph (a)(2) of this section.
(1) All applicable records shall be maintained in such a manner
that they can be readily accessed. The most recent 6 months of records
shall be retained on site or shall be accessible from a central
location by computer or other means that provide access within 2 hours
after a request. The remaining 4 and one-half years of records may be
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on microfilm, computer,
floppy disk, magnetic tape, or microfiche.
(2) If an owner or operator submits copies of reports to the
appropriate EPA Regional Office, the owner or operator is not required
to maintain copies of reports. If the EPA Regional Office has waived
the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of
reports, the owner or operator is not required to maintain copies of
those reports.
(b) * * *
(1) Start-up, shutdown, and malfunction plan. The owner or operator
of an affected source shall develop and implement a written start-up,
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3). This
plan shall describe, in detail, procedures for operating and
maintaining the affected source during periods of start-up, shutdown,
and malfunction and a program for corrective action for malfunctioning
process and air pollution control equipment used to comply with this
subpart. Inclusion of Group 2 emission points is not required, unless
these points are included in an emissions average. For equipment leaks
(subject to Sec. 63.502), the start-up, shutdown, and malfunction plan
requirement is limited to control devices and is optional for other
equipment. For equipment leaks, the start-up, shutdown, and malfunction
plan may include written procedures that identify conditions that
justify a delay of repair. A provision for ceasing to collect, during a
start-up, shutdown, or malfunction, monitoring data that would
otherwise be required by the provisions of this subpart may be included
in the start-up, shutdown, and
[[Page 38077]]
malfunction plan only if the owner or operator has demonstrated to the
Administrator, through the Precompliance Report or a supplement to the
Precompliance Report, that the monitoring system would be damaged or
destroyed if it were not shut down during the start-up, shutdown, or
malfunction. The affected source shall keep the start-up, shutdown, and
malfunction plan on-site. Records associated with the plan shall be
kept as specified in paragraphs (b)(1)(i)(A) through (b)(1)(i)(C) of
this section. Reports related to the plan shall be submitted as
specified in paragraph (b)(1)(ii) of this section.
(i) Records of start-up, shutdown, and malfunction. The owner or
operator shall keep the records specified in paragraphs (b)(1)(i)(A)
through (b)(1)(i)(C) of this section.
(A) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of operation of process equipment or control
devices or recovery devices or continuous monitoring systems used to
comply with this subpart during which excess emissions (as defined in
Sec. 63.480(j)(4)) occur.
(B) For each start-up, shutdown, or malfunction during which excess
emissions (as defined in Sec. 63.480(j)(4)) occur, records reflecting
whether the procedures specified in the affected source's start-up,
shutdown, and malfunction plan were followed, and documentation of
actions taken that are not consistent with the plan. For example, if a
start-up, shutdown, and malfunction plan includes procedures for
routing a control device to a backup control device, records shall be
kept of whether the plan was followed. These records may take the form
of a ``checklist,'' or other form of recordkeeping that confirms
conformance with the start-up, shutdown, and malfunction plan for the
event.
(C) Records specified in paragraphs (b)(1)(i)(A) through
(b)(1)(i)(B) of this section are not required if they pertain solely to
Group 2 emission points that are not included in an emissions average.
(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 the schedule specified in Sec. 63.10(d)(5)(i). The reports
shall include the information specified in Sec. 63.10(d)(5)(i).
(2) Application for approval of construction or reconstruction. For
new affected sources, each owner or operator shall comply with the
provisions in Sec. 63.5 regarding construction and reconstruction,
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H),
(d)(1)(iii), (d)(2), and (d)(3)(ii).
(c) [Reserved]
(d) Recordkeeping and documentation. Owners or operators required
to keep continuous records shall keep records as specified in
paragraphs (d)(1) through (d)(7) of this section, unless an alternative
recordkeeping system has been requested and approved as specified in
paragraph (g) of this section, and except as provided in paragraph (h)
of this section. If a monitoring plan for storage vessels pursuant to
Sec. 63.484(k) requires continuous records, the monitoring plan shall
specify which provisions, if any, of paragraphs (d)(1) through (d)(7)
of this section apply. As described in Sec. 63.484(k), certain storage
vessels are not required to keep continuous records as specified in
this paragraph. Owners and operators of such storage vessels shall keep
records as specified in the monitoring plan required by Sec. 63.484(k).
Paragraphs (d)(8) and (d)(9) of this section specify documentation
requirements.
* * * * *
(2) The owner or operator shall record either each measured data
value or block average values for 1 hour or shorter periods calculated
from all measured data values during each period. If values are
measured more frequently than once per minute, a single value for each
minute may be used to calculate the hourly (or shorter period) block
average instead of all measured values. Owners or operators of batch
front-end process vents shall record each measured data value.
(3) Daily average (or batch cycle daily average) values of each
continuously monitored parameter shall be calculated for each operating
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this
section, except as specified in paragraphs (d)(6) and (d)(7) of this
section.
(i) The daily average value or batch cycle daily average shall be
calculated as the average of all parameter values recorded during the
operating day, except as specified in paragraph (d)(7) of this section.
For batch front-end process vents, as specified in
Sec. 63.491(e)(2)(i), only parameter values measured during those batch
emission episodes, or portions thereof, in the batch cycle that the
owner or operator has chosen to control shall be used to calculate the
average. The calculated average shall cover a 24-hour period if
operation is continuous, or the number of hours of operation per
operating day if operation is not continuous.
(ii) The operating day shall be the period that the owner or
operator specifies in the operating permit or the Notification of
Compliance Status for purposes of determining daily average values or
batch cycle daily average values of monitored parameters.
(4) [Reserved]
(5) [Reserved]
(6) Records required when all recorded values are within the
established limits. If all recorded values for a monitored parameter
during an operating day are above the minimum level or below the
maximum level established in the Notification of Compliance Status or
operating permit, the owner or operator may record that all values were
above the minimum level or below the maximum level rather than
calculating and recording a daily average (or batch cycle daily
average) for that operating day.
(7) Monitoring data recorded during periods identified in
paragraphs (d)(7)(i) through (d)(7)(v) of this section shall not be
included in any average computed under this subpart. Records shall be
kept of the times and durations of all such periods and any other
periods during process or control device or recovery device operation
when monitors are not operating.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions; or
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(8) For continuous monitoring systems used to comply with this
subpart, records documenting the completion of calibration checks, and
records documenting the maintenance of continuous monitoring systems
that are specified in the manufacturer's instructions or that are
specified in other written procedures that provide adequate assurance
that the equipment would reasonably be expected to monitor accurately.
(9) The owner or operator of an affected source granted a waiver
under Sec. 63.10(f) shall maintain the information, if any, specified
by the Administrator as a condition of the waiver of recordkeeping or
reporting requirements.
(e) Reporting and notification. In addition to the reports and
notifications
[[Page 38078]]
required by subpart A, as specified in Table 1 of this subpart, the
owner or operator of an affected source shall prepare and submit the
reports listed in paragraphs (e)(3) through (e)(8) of this section, as
applicable. All reports required by this subpart, and the schedule for
their submittal, are listed in Table 9 of this subpart.
(1) Owners and operators shall not be in violation of the reporting
requirements of this subpart for failing to submit information required
to be included in a specified report if the owner or operator meets the
requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this
section. Examples of circumstances where this paragraph may apply
include information related to newly-added equipment or emission
points, changes in the process, changes in equipment required or
utilized for compliance with the requirements of this subpart, or
changes in methods or equipment for monitoring, recordkeeping, or
reporting.
(i) The information was not known in time for inclusion in the
report specified by this subpart;
(ii) The owner or operator has been diligent in obtaining the
information; and
(iii) The owner or operator submits a report according to the
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this
section.
(A) If this subpart expressly provides for supplements to the
report in which the information is required, the owner or operator
shall submit the information as a supplement to that report. The
information shall be submitted no later than 60 days after it is
obtained, unless otherwise specified in this subpart.
(B) If this subpart does not expressly provide for supplements, but
the owner or operator must submit a request for revision of an
operating permit pursuant to part 70 or part 71, due to circumstances
to which the information pertains, the owner or operator shall submit
the information with the request for revision to the operating permit.
(C) In any case not addressed by paragraph (e)(1)(iii)(A) or
(e)(1)(iii)(B) of this section, the owner or operator shall submit the
information with the first Periodic Report, as required by this
subpart, which has a submission deadline at least 60 days after the
information is obtained.
(2) All reports required under this subpart shall be sent to the
Administrator at the appropriate address listed in Sec. 63.13. If
acceptable to both the Administrator and the owner or operator of a
source, reports may be submitted on electronic media.
(3) Precompliance Report. Owners or operators of affected sources
requesting an extension for compliance; requesting approval to use
alternative monitoring parameters, alternative continuous monitoring
and recordkeeping, or alternative controls; requesting approval to use
engineering assessment to estimate emissions from a batch emissions
episode, as described in Sec. 63.488(b)(6)(i); wishing to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.505(c) or (d); or requesting approval to incorporate a
provision for ceasing to collect monitoring data, during a start-up,
shutdown, or malfunction, into the start-up, shutdown, and malfunction
plan, when that monitoring equipment would be damaged if it did not
cease to collect monitoring data, as permitted under Sec. 63.480(j)(3),
shall submit a Precompliance Report according to the schedule described
in paragraph (e)(3)(i) of this section. The Precompliance Report shall
contain the information specified in paragraphs (e)(3)(ii) through
(e)(3)(viii) of this section, as appropriate.
(i) Submittal dates. The Precompliance Report shall be submitted to
the Administrator no later than December 19, 2000. If a Precompliance
Report was submitted prior to June 19, 2000 and no changes need to be
made to that Precompliance Report, the owner or operator shall re-
submit the earlier report or submit notification that the previously
submitted report is still valid. Unless the Administrator objects to a
request submitted in the Precompliance Report within 45 days after its
receipt, the request shall be deemed approved. For new affected
sources, the Precompliance Report shall be submitted to the
Administrator with the application for approval of construction or
reconstruction required in paragraph (b)(2) of this section.
Supplements to the Precompliance Report may be submitted as specified
in paragraph (e)(3)(ix) of this section.
(ii) A request for an extension for compliance, as specified in
Sec. 63.481(e), may be submitted in the Precompliance Report. The
request for a compliance extension shall include the data outlined in
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.481(e)(1).
(iii) The alternative monitoring parameter information required in
paragraph (f) of this section shall be submitted in the Precompliance
Report if, for any emission point, the owner or operator of an affected
source seeks to comply through the use of a control technique other
than those for which monitoring parameters are specified in this
subpart or in subpart G of this part, or seeks to comply by monitoring
a different parameter than those specified in this subpart or in
subpart G of this part.
(iv) If the affected source seeks to comply using alternative
continuous monitoring and recordkeeping as specified in paragraph (g)
of this section, the owner or operator shall submit a request for
approval in the Precompliance Report.
(v) The owner or operator shall report the intent to use
alternative controls to comply with the provisions of this subpart in
the Precompliance Report. The Administrator may deem alternative
controls to be equivalent to the controls required by the standard,
under the procedures outlined in Sec. 63.6(g).
(vi) If a request for approval to use engineering assessment to
estimate emissions from a batch emissions episode, as described in
Sec. 63.488(b)(6)(i)(C) is being made, the information required by
Sec. 63.488(b)(6)(iii)(B) shall be submitted in the Precompliance
Report.
(vii) If an owner or operator establishes parameter monitoring
levels according to the procedures contained in Sec. 63.505(c) or (d),
the following information shall be submitted in the Precompliance
Report:
(A) Identification of which procedures (i.e., Sec. 63.505(c) or
(d)) are to be used; and
(B) A description of how the parameter monitoring level is to be
established. If the procedures in Sec. 63.505(c) are to be used, a
description of how performance test data will be used shall be
included.
(viii) If the owner or operator is requesting approval to
incorporate a provision for ceasing to collect monitoring data, during
a start-up, shutdown, or malfunction, into the start-up, shutdown, and
malfunction plan, when that monitoring equipment would be damaged if it
did not cease to collect monitoring data, the information specified in
paragraphs (e)(3)(viii)(A) and (B) shall be supplied in the
Precompliance Report or in a supplement to the Precompliance Report.
The Administrator shall evaluate the supporting documentation and shall
approve the request only if, in the Administrator's judgment, the
specific monitoring equipment would be damaged by the contemporaneous
start-up, shutdown, or malfunction.
(A) Documentation supporting a claim that the monitoring equipment
would be damaged by the contemporaneous start-up, shutdown, or
malfunction; and
[[Page 38079]]
(B) A request to incorporate such a provision for ceasing to
collect monitoring data during a start-up, shutdown, or malfunction,
into the start-up, shutdown, and malfunction plan.
(ix) Supplements to the Precompliance Report may be submitted as
specified in paragraph (e)(3)(ix)(A), or (e)(3)(ix)(B) of this section.
Unless the Administrator objects to a request submitted in a supplement
to the Precompliance Report within 45 days after its receipt, the
request shall be deemed approved.
(A) Supplements to the Precompliance Report may be submitted to
clarify or modify information previously submitted.
(B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(3)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of
this section; to use alternative controls, as specified in paragraph
(e)(3)(v) of this section; to use engineering assessment to estimate
emissions from a batch emissions episode, as specified in paragraph
(e)(3)(vi) of this section; to establish parameter monitoring levels
according to the procedures contained in Sec. 63.505(c) or (d), as
specified in paragraph (e)(3)(vii) of this section; or to include a
provision for ceasing to collect monitoring data during a start-up,
shutdown, or malfunction, in the start-up, shutdown, and malfunction
plan, when that monitoring equipment would be damaged if it did not
cease to collect monitoring data, as specified in paragraph
(e)(3)(viii) of this section.
(4) Emissions Averaging Plan. For all existing affected sources
using emissions averaging, an Emissions Averaging Plan shall be
submitted for approval according to the schedule and procedures
described in paragraph (e)(4)(i) of this section. The Emissions
Averaging Plan shall contain the information specified in paragraph
(e)(4)(ii) of this section, unless the information required in
paragraph (e)(4)(ii) of this section is submitted with an operating
permit application. An owner or operator of an affected source who
submits an operating permit application instead of an Emissions
Averaging Plan shall submit the information specified in paragraph
(e)(8) of this section. In addition, a supplement to the Emissions
Averaging Plan, as required under paragraph (e)(4)(iii) of this
section, is to be submitted whenever additional alternative controls or
operating scenarios may be used to comply with this subpart. Updates to
the Emissions Averaging Plan shall be submitted in accordance with
paragraph (e)(4)(iv) of this section.
(i) Submittal and approval. The Emissions Averaging Plan shall be
submitted no later than September 19, 2000, and is subject to
Administrator approval. If an Emissions Averaging Plan was submitted
prior to June 19, 2000 and no changes need to be made to that Emissions
Averaging Plan, the owner or operator shall re-submit the earlier plan
or submit notification that the previously submitted plan is still
valid. The Administrator shall determine within 120 days whether the
Emissions Averaging Plan submitted presents sufficient information. The
Administrator shall either approve the Emissions Averaging Plan,
request changes, or request that the owner or operator submit
additional information. Once the Administrator receives sufficient
information, the Administrator shall approve, disapprove, or request
changes to the plan within 120 days.
(ii) Information required. The Emissions Averaging Plan shall
contain the information listed in paragraphs (e)(4)(ii)(A) through
(e)(4)(ii)(N) of this section for all emission points included in an
emissions average.
* * * * *
(B) The required information shall include the projected emission
debits and credits for each emission point and the sum for the emission
points involved in the average calculated according to Sec. 63.503. The
projected credits shall be greater than or equal to the projected
debits, as required under Sec. 63.503(e)(3).
* * * * *
(D) The required information shall include the specific
identification of each emission point affected by a pollution
prevention measure. To be considered a pollution prevention measure,
the criteria in Sec. 63.503(j)(1) shall be met. If the same pollution
prevention measure reduces or eliminates emissions from multiple
emission points in the average, the owner or operator shall identify
each of these emission points.
* * * * *
(F) * * *
(1) The required documentation shall include the values of the
parameters used to determine whether the emission point is Group 1 or
Group 2. Where a TRE index value is used for continuous front-end
process vent group determination, the estimated or measured values of
the parameters used in the TRE equation in Sec. 63.115(d) and the
resulting TRE index value shall be submitted.
(2) The required documentation shall include the estimated values
of all parameters needed for input to the emission debit and credit
calculations in Sec. 63.503(g) and (h). These parameter values shall be
specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported in an update to the Emissions Averaging
Plan, as required by paragraph (e)(4)(iv)(B)(2) of this section.
* * * * *
(4) The required documentation shall include the anticipated
nominal efficiency if a control technology achieving a greater percent
emission reduction than the efficiency of the reference control
technology is or will be applied to the emission point. The procedures
in Sec. 63.503(i) shall be followed to apply for a nominal efficiency,
and the report specified in paragraph (e)(7)(ii) of this section shall
be submitted with the Emissions Averaging Plan as specified in
paragraph (e)(7)(ii)(A) of this section.
(5) The required documentation shall include the monitoring plan
specified in Sec. 63.122(b), to include the information specified in
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or (d)(2)(iii)
for each storage vessel controlled with a closed-vent system using a
control device other than a flare.
(G) * * *
(1) Each continuous front-end process vent subject to Sec. 63.485
controlled by a pollution prevention measure or control technique for
which monitoring parameters or inspection procedures are not specified
in Sec. 63.114; and
* * * * *
(H) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the wastewater emission credit
and debit calculations in Sec. 63.503(g)(5) and (h)(5). These parameter
values shall be specified in the affected source's Emissions Averaging
Plan (or operating permit) as enforceable operating conditions. Changes
to these parameters shall be reported as required by paragraph
(e)(4)(iv)(B)(2) of this section.
(3) * * *
(i) A control technology that achieves an emission reduction less
than or equal to the emission reduction that would otherwise have been
achieved by a steam stripper designed to the specifications found in
Sec. 63.138(g) is or
[[Page 38080]]
will be applied to the wastewater stream, or
* * * * *
(4) * * *
(i) A control technology that achieves an emission reduction
greater than the emission reduction that would have been achieved by a
steam stripper designed to the specifications found in Sec. 63.138(g),
is or will be applied to the wastewater stream; or
* * * * *
(I) For each pollution prevention measure, treatment process, or
control device used to reduce air emissions of organic HAP from
wastewater and for which no monitoring parameters or inspection
procedures are specified in Sec. 63.143, the information specified in
paragraph (f) of this section (Alternative Monitoring Parameters) shall
be included in the Emissions Averaging Plan.
(J) The required information shall include documentation of the
data required by estimated values of all parameters needed for input to
the emission debit and credit calculations in Sec. 63.503(g) and (h)
for each process back-end operation included in an emissions average.
These values shall be specified in the affected source's Emissions
Averaging Plan (or operating permit) as enforceable operating
conditions. Changes to these parameters shall be reported as required
by paragraph (e)(4)(iv)(B)(2) of this section.
(K) The required information shall include documentation of the
information required by Sec. 63.503(k). The documentation shall
demonstrate that the emissions from the emission points proposed to be
included in the average will not result in greater hazard or, at the
option of the Administrator, greater risk to human health or the
environment than if the emission points were not included in an
emissions average.
(L) * * *
(2) The required information shall include the estimated values of
all parameters needed for input to the emission debit and credit
calculations in Sec. 63.503(g) and (h). These parameter values shall be
specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of
this section.
* * * * *
(N) The required information shall include documentation of the
data required by Sec. 63.503(k). The documentation shall demonstrate
that the emissions from the emission points proposed to be included in
the emissions average will not result in greater hazard or, at the
option of the Administrator, greater risk to human health or the
environment than if the emission points were not included in an
emissions average.
(iii) Supplement to Emissions Averaging Plan. The owner or operator
required to prepare an Emissions Averaging Plan under paragraph (e)(4)
of this section shall also prepare a supplement to the Emissions
Averaging Plan for any additional alternative controls or operating
scenarios that may be used to achieve compliance.
(iv) Updates to Emissions Averaging Plan. The owner or operator of
an affected source required to submit an Emissions Averaging Plan under
paragraph (e)(4) of this section shall also submit written updates of
the Emissions Averaging Plan to the Administrator for approval under
the circumstances described in paragraphs (e)(4)(iv)(A) through
(e)(4)(iv)(C) of this section unless the relevant information has been
included and submitted in an operating permit application or amendment.
(A) The owner or operator who plans to make a change listed in
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section
shall submit an Emissions Averaging Plan update at least 120 days prior
to making the change.
* * * * *
(B) The owner or operator who has made a change as defined in
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall
submit an Emissions Averaging Plan update within 90 days after the
information regarding the change is known to the affected source. The
update may be submitted in the next quarterly periodic report if the
change is made after the date the Notification of Compliance Status is
due.
* * * * *
(C) The Administrator shall approve or request changes to the
Emissions Averaging Plan update within 120 days of receipt of
sufficient information regarding the change for emission points
included in emissions averages.
(5) Notification of Compliance Status. For existing and new
affected sources, a Notification of Compliance Status shall be
submitted. For equipment leaks subject to Sec. 63.502, the owner or
operator shall submit the information required in Sec. 63.182(c) in the
Notification of Compliance Status within 150 days after the first
applicable compliance date for equipment leaks in the affected source,
and an update shall be provided in the first Periodic Report that is
due at least 150 days after each subsequent applicable compliance date
for equipment leaks in the affected source. For all other emission
points, including heat exchange systems, the Notification of Compliance
Status shall contain the information listed in paragraphs (e)(5)(i)
through (e)(5)(xii) of this section, as applicable, and shall be
submitted no later than 150 days after the compliance dates specified
in this subpart.
(i) The results of any emission point group determinations, process
section applicability determinations, performance tests, inspections,
continuous monitoring system performance evaluations, any other
information used to demonstrate compliance, values of monitored
parameters established during performance tests, and any other
information required to be included in the Notification of Compliance
Status under Sec. 63.481(k), Sec. 63.122, and Sec. 63.484 for storage
vessels, Sec. 63.117 for continuous front-end process vents,
Sec. 63.492 for batch front-end process vents, Sec. 63.499 for back-end
process operations, Sec. 63.146 for process wastewater, and Sec. 63.503
for emission points included in an emissions average. In addition, the
owner or operator of an affected source shall comply with paragraphs
(e)(5)(i)(A) and (e)(5)(i)(B) of this section.
(A) For performance tests, group determinations, and process
section applicability determinations that are based on measurements,
the Notification of Compliance Status shall include one complete test
report, as described in paragraph (e)(5)(i)(B) of this section, for
each test method used for a particular kind of emission point. For
additional tests performed for the same kind of emission point using
the same method, the results and any other information, from the test
report, that is requested on a case-by-case basis by the Administrator
shall be submitted, but a complete test report is not required.
* * * * *
(ii) For each monitored parameter for which a maximum or minimum
level is required to be established under Sec. 63.114(e) and
Sec. 63.485(k) for continuous front-end process vents, Sec. 63.489 for
batch front-end process vents and aggregate batch vent streams,
Sec. 63.497 for back-end process operations, Sec. 63.143(f) for process
wastewater, Sec. 63.503(m) for emission points in emissions averages,
paragraph (e)(8) of this section, or paragraph (f) of this section, the
information specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(E)
of this section shall be submitted in the Notification of Compliance
Status, unless this
[[Page 38081]]
information has been established and provided in the operating permit
application. Further, as described in Sec. 63.484(k), for those storage
vessels for which the monitoring plan required by Sec. 63.484(k)
specifies compliance with the provisions of Sec. 63.505, the owner or
operator shall provide the information specified in paragraphs
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section for each monitoring
parameter, unless this information has been established and provided in
the operating permit application. For those storage vessels for which
the monitoring plan required by Sec. 63.484(k) does not require
compliance with the provisions of Sec. 63.505, the owner or operator
shall provide the information specified in Sec. 63.120(d)(3) as part of
the Notification of Compliance Status, unless this information has been
established and provided in the operating permit application.
* * * * *
(iii) For emission points included in an emissions average, the
Notification of Compliance Status shall contain the values of all
parameters needed for input to the emission credit and debit equations
in Sec. 63.503(g) and (h), calculated or measured according to the
procedures in Sec. 63.503(g) and (h), and the resulting calculation of
credits and debits for the first quarter of the year. The first quarter
begins on the compliance date specified.
(iv) [Reserved.]
(v) The determination of applicability for flexible operation units
as specified in Sec. 63.480(f).
* * * * *
(vii) The results for each predominant use determination made under
Sec. 63.480(g), for storage vessels assigned to an affected source
subject to this subpart.
(viii) The results for each predominant use determination made
under Sec. 63.480(h) for recovery operations equipment assigned to an
affected source subject to this subpart.
(ix) For owners and operators of Group 2 batch front-end process
vents establishing a batch mass input limitation, as specified in
Sec. 63.490(f), the affected source's operating year for purposes of
determining compliance with the batch mass input limitation.
(x) If any emission point is subject to this subpart and to other
standards as specified in Sec. 63.481(k), and if the provisions of
Sec. 63.481(k) allow the owner or operator to choose which testing,
monitoring, reporting, and recordkeeping provisions will be followed,
then the Notification of Compliance Status shall indicate which rule's
requirements will be followed for testing, monitoring, reporting, and
recordkeeping.
(xi) An owner or operator who transfers a Group 1 wastewater stream
or residual removed from a Group 1 wastewater stream for treatment
pursuant to Sec. 63.132(g) shall include in the Notification of
Compliance Status the name and location of the transferee and a
description of the Group 1 wastewater stream or residual sent to the
treatment facility.
(xii) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Notification of
Compliance Status, or as part of the appropriate Periodic Report, as
specified in paragraph (e)(6)(ix) of this section.
(6) Periodic Reports. For existing and new affected sources, the
owner or operator shall submit Periodic Reports as specified in
paragraphs (e)(6)(i) through (e)(6)(xii) of this section. In addition,
for equipment leaks subject to Sec. 63.502, the owner or operator shall
submit the information specified in Sec. 63.182(d) under the conditions
listed in Sec. 63.182(d), and for heat exchange systems subject to
Sec. 63.502(n), the owner or operator shall submit the information
specified in Sec. 63.104(f)(2) as part of the Periodic Report required
by this paragraph (e)(6). Section Sec. 63.505 shall govern the use of
monitoring data to determine compliance for Group 1 emission points and
for Group 1 and Group 2 emission points included in emissions averages
with the following exception: As discussed in Sec. 63.484(k), for
storage vessels to which the provisions of Sec. 63.505 do not apply, as
specified in the monitoring plan required by Sec. 63.120(d)(2), the
owner or operator is required to comply with the requirements set out
in the monitoring plan, and monitoring records may be used to determine
compliance.
(i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of
this section, a report containing the information in paragraph
(e)(6)(ii) of this section or paragraphs (e)(6)(iii) through (e)(6)(x)
of this section, as appropriate, shall be submitted semiannually no
later than 60 days after the end of each 6-month period. The first
report shall be submitted no later than 240 days after the date the
Notification of Compliance Status is due and shall cover the 6-month
period beginning on the date the Notification of Compliance Status is
due.
(ii) If none of the compliance exceptions in paragraphs (e)(6)(iii)
through (e)(6)(ix) of this section occurred during the 6-month period,
the Periodic Report required by paragraph (e)(6)(i) of this section
shall be a statement that there were no compliance exceptions as
described in this paragraph for the 6-month period covered by that
report and that none of the activities specified in paragraphs
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period covered by that report.
(iii) * * *
(A) All information specified in Sec. 63.122(a)(4) for storage
vessels, Secs. 63.117(a)(3) and 63.118(f) and 63.485(s)(5) for
continuous front-end process vents, Sec. 63.492 for batch front-end
process vents and aggregate batch vent streams, Sec. 63.499 for back-
end process operations, Sec. 63.104(b)(4) for heat exchange systems,
and Secs. 63.146(c) through 63.146(f) for process wastewater.
(B) The daily average values or batch cycle daily average values of
monitored parameters for all excursions, as defined in Sec. 63.505(g)
and Sec. 63.505(h). For excursions caused by lack of monitoring data,
the start-time and duration of periods when monitoring data were not
collected shall be specified.
(C) [Reserved]
(D) The information in paragraphs (e)(6)(iii)(D)(1) through
(e)(6)(iii)(D)(5) of this section, as applicable:
* * * * *
(2) Notification if a process change is made such that the group
status of any emission point changes from Group 2 to Group 1. The owner
or operator is not required to submit a notification of a process
change if that process change caused the group status of an emission
point to change from Group 1 to Group 2. However, until the owner or
operator notifies the Administrator that the group status of an
emission point has changed from Group 1 to Group 2, the owner or
operator is required to continue to comply with the Group 1
requirements for that emission point. This notification may be
submitted at any time.
(3) Notification if one or more emission points (other than
equipment leaks) or one or more EPPU is added to an affected source.
The owner or operator shall submit the information contained in
paragraphs (e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this
section.
(i) A description of the addition to the affected source; and
(ii) Notification of the group status of the additional emission
point or all emission points in the EPPU.
(4) Notification if a standard operating procedure, as defined in
Sec. 63.500(a)(2), is changed and the change has the potential for
increasing the
[[Page 38082]]
concentration of carbon disulfide in the crumb dryer exhaust. This
notification shall also include test results of the carbon disulfide
concentration resulting from the new standard operating procedure.
(5) For process wastewater streams sent for treatment pursuant to
Sec. 63.132(g), reports of changes in the identity of the treatment
facility or transferee.
* * * * *
(iv) For each batch front-end process vent with a batch mass input
limitation, every second Periodic Report shall include the mass of HAP
or material input to the batch unit operation during the 12-month
period covered by the preceding and current Periodic Reports, and a
statement of whether the batch front-end process vent was in or out of
compliance with the batch mass input limitation.
(v) * * *
(B) For additional tests performed for the same kind of emission
point using the same method, results and any other information,
pertaining to the performance test, that is requested on a case-by-case
basis by the Administrator shall be submitted, but a complete test
report is not required.
(vi) Notification of a change in the primary product of an EPPU, in
accordance with the provisions in Sec. 63.480(f). This includes a
change in primary product from one elastomer product to either another
elastomer product or to a non-elastomer product.
(vii) The results for each change made to a predominant use
determination made under Sec. 63.480(g) for a storage vessel that is
assigned to an affected source subject to this subpart after the
change.
(viii) The results for each change made to a predominant use
determination made under Sec. 63.480(h) for recovery operations
equipment assigned to an affected source subject to this subpart after
the change.
(ix) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Periodic Report or as
part of the Notification of Compliance Status as specified in paragraph
(e)(5)(xi) of this section.
(x) An owner or operator electing not to retain daily average or
batch cycle daily average values under paragraph (h)(2) of this section
shall notify the Administrator as specified in paragraph (h)(2)(i) of
this section.
(xi) The owner or operator of an affected source shall submit
quarterly reports for all emission points included in an emissions
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C)
of this section.
(A) The quarterly reports shall be submitted no later than 60 days
after the end of each quarter. The first report shall be submitted with
the Notification of Compliance Status no later than 150 days after the
compliance date.
(B) The quarterly reports shall include the information specified
in paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section
for all emission points included in an emissions average.
(1) The credits and debits calculated each month during the
quarter;
(2) A demonstration that debits calculated for the quarter are not
more than 1.30 times the credits calculated for the quarter, as
required under Sec. 63.503(e)(4);
(3) The values of any inputs to the debit and credit equations in
Sec. 63.503(g) and (h) that change from month to month during the
quarter or that have changed since the previous quarter;
(4) Results of any performance tests conducted during the reporting
period including one complete report for each test method used for a
particular kind of emission point as described in paragraph (e)(6)(v)
of this section;
(5) Reports of daily average values or batch cycle daily averages
of monitored parameters for excursions as defined in Sec. 63.505(g) or
(h);
(6) For excursions caused by lack of monitoring data, the duration
of periods when monitoring data were not collected shall be specified;
and
(7) Any other information the affected source is required to report
under the operating permit or Emissions Averaging Plan for the affected
source.
(C) Every fourth quarterly report shall include the following:
(1) A demonstration that annual credits are greater than or equal
to annual debits as required by Sec. 63.503(e)(3); and
(2) A certification of compliance with all the emissions averaging
provisions in Sec. 63.503.
(xii) The owner or operator of an affected source shall submit
quarterly reports for particular emission points and process sections
not included in an emissions average as specified in paragraphs
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
(A) The owner or operator of an affected source shall submit
quarterly reports for a period of 1 year for an emission point or
process section that is not included in an emissions average if:
(1) A control or recovery device for a particular emission point or
process section has more excursions, as defined in Sec. 63.505(g) or
Sec. 63.505(h), than the number of excused excursions allowed under
Sec. 63.505(i) for a semiannual reporting period; or
(2) The Administrator requests that the owner or operator submit
quarterly reports for the emission point or process section.
(B) The quarterly reports shall include all information specified
in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section, as
applicable to the emission point or process section for which quarterly
reporting is required under paragraph (e)(6)(xii)(A) of this section.
Information applicable to other emission points within the affected
source shall be submitted in the semiannual reports required under
paragraph (e)(6)(i) of this section.
(C) Quarterly reports shall be submitted no later than 60 days
after the end of each quarter.
(D) After quarterly reports have been submitted for an emission
point for 1 year without more excursions occurring (during that year)
than the number of excused excursions allowed under Sec. 63.505(i), the
owner or operator may return to semiannual reporting for the emission
point or process section.
(7) Other reports. Other reports shall be submitted as specified in
paragraphs (e)(7)(i) through (e)(7)(v) of this section.
(i) For storage vessels, the notifications of inspections required
by Sec. 63.484 shall be submitted, as specified in Sec. 63.122(h)(1)
and (h)(2).
(ii) For owners or operators of affected sources required to
request approval for a nominal control efficiency for use in
calculating credits for an emissions average, the information specified
in Sec. 63.503(i) shall be submitted, as specified in paragraph
(e)(7)(ii)(A) or (e)(7)(ii)(B) of this section, as appropriate.
(A) If use of a nominal control efficiency is part of the initial
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this
section, the information in paragraph (e)(7)(iii) of this section shall
be submitted with the Emissions Averaging Plan.
(B) If an owner or operator elects to use a nominal control
efficiency after submittal of the initial Emissions Averaging Plan as
described in paragraph (e)(4)(ii) of this section, the information
required by paragraph (e)(7)(ii) of this section shall be submitted at
the discretion of the owner or operator.
(iii) For back-end process operations using a control or recovery
device to comply with Secs. 63.493 through 63.500, the compliance
redetermination report required by Sec. 63.499(d) shall be submitted
within 180 days after the process change.
[[Page 38083]]
(iv) When the conditions of Secs. 63.480(f)(3)(iii), (f)(9), or
63.480(f)(10)(iii) are met, reports of changes to the primary product
for an EPPU or process unit, as required by Secs. 63.480(f)(3)(iii),
63.480(f)(9), or 63.480(f)(10)(iii)(C), respectively, shall be
submitted.
(v) Owners or operators of EPPU or emission points (other than
equipment leak components subject to Sec. 63.502) that are subject to
Sec. 63.480(i)(1) or (i)(2) shall submit a report as specified in
paragraphs (e)(7)(v)(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. 63.480(i)(1) or (2);
(3) Identification of the group status of emission points (except
equipment leak components subject to the requirements in Sec. 63.502)
specified in paragraphs (e)(7)(v)(A)(3)(i) through (iii) of this
section, as applicable.
(i) All the emission points in the added EPPU, as described in
Sec. 63.480(i)(1).
(ii) All the emission points in an affected source designated as a
new affected source under Sec. 63.480(i)(2)(i).
(iii) All the added or created emission points as described in
Sec. 63.480(i)(2)(ii) or (i)(2)(iii).
(4) If the owner or operator wishes to request approval to use
alternative monitoring parameters, alternative continuous monitoring or
recordkeeping, alternative controls, engineering assessment to estimate
emissions from a batch emissions episode, or wishes to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.505(c) or (d), a Precompliance Report shall be submitted in
accordance with paragraph (e)(7)(v)(B) of this section.
(B) Reports shall be submitted as specified in paragraphs
(e)(7)(v)(B)(1) through (e)(7)(v)(B)(3) of this section, as
appropriate.
(1) Owners or operators of an added EPPU subject to
Sec. 63.480(i)(1) shall submit a report no later than 180 days prior to
the compliance date for the EPPU.
(2) Owners or operators of an affected source designated as a new
affected source under Sec. 63.480(i)(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. 63.502) subject to
Sec. 63.480(i)(2)(ii) or (i)(2)(iii) shall submit a report no later
than 180 days prior to the compliance date for those emission points.
(8) Operating permit application. An owner or operator who submits
an operating permit application instead of an Emissions Averaging Plan
or a Precompliance Report shall include the following information with
the operating permit application:
* * * * *
(f) Alternative monitoring parameters. The owner or operator of an
affected source who has been directed by any section of this subpart,
or any section of another subpart referenced by this subpart, that
expressly references this paragraph (f) or Sec. 63.151(f) to set unique
monitoring parameters, or who requests approval to monitor a different
parameter than those listed in Sec. 63.484 for storage vessels,
Sec. 63.114 for continuous front-end process vents, Sec. 63.489 for
batch front-end process vents and aggregate batch vent streams,
Sec. 63.497 for back-end process operations, or Sec. 63.143 for process
wastewater shall submit the information specified in paragraphs (f)(1)
through (f)(3) of this section in the Precompliance Report, as required
by paragraph (e)(3) of this section. The owner or operator shall retain
for a period of 5 years each record required by paragraphs (f)(1)
through (f)(3) of this section.
(3) The required information shall include a description of the
proposed monitoring, recordkeeping, and reporting system, to include
the frequency and content of monitoring, recordkeeping, and reporting.
Further, the rationale for the proposed monitoring, recordkeeping, and
reporting system shall be included if either condition in paragraph
(f)(3)(i) or (f)(3)(ii) of this section is met:
* * * * *
(g) Alternative continuous monitoring and recordkeeping. An owner
or operator choosing not to implement the continuous parameter
operating and recordkeeping provisions listed in Sec. 63.485 for
continuous front-end process vents, Sec. 63.486 for batch front-end
process vents and aggregate batch vent streams, Sec. 63.493 for back-
end process operations, and Sec. 63.501 for process wastewater, may
instead request approval to use alternative continuous monitoring and
recordkeeping provisions according to the procedures specified in
paragraphs (g)(1) through (g)(4) of this section. Requests shall be
submitted in the Precompliance Report as specified in paragraph
(e)(3)(iv) of this section, if not already included in the operating
permit application, and shall contain the information specified in
paragraphs (g)(2)(ii) and (g)(3)(ii) of this section, as applicable.
(1) The provisions in Sec. 63.8(f)(5)(i) shall govern the review
and approval of requests.
(2) * * *
(ii) * * *
(D) Demonstration to the Administrator's satisfaction that the
proposed monitoring frequency is sufficient to represent control or
recovery device operating conditions, considering typical variability
of the specific process and control or recovery device operating
parameter being monitored.
(3) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency, but that records all
values that meet set criteria for variation from previously recorded
values, in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this
section.
(i) * * *
(A) Measure the operating parameter value at least once during
every 15 minute period;
* * * * *
(4) An owner or operator may request approval to use other
alternative monitoring systems according to the procedures specified in
Sec. 63.8(f)(4).
(h) Reduced recordkeeping program. For any parameter with respect
to any item of equipment, the owner or operator may implement the
recordkeeping requirements in paragraph (h)(1) or (h)(2) of this
section as alternatives to the continuous operating parameter
monitoring and recordkeeping provisions that would otherwise apply
under this subpart. The owner or operator shall retain for a period of
5 years each record required by paragraph (h)(1) or (h)(2) of this
section, except as otherwise provided in paragraph (h)(1)(vi)(D) of
this section.
(1) The owner or operator may retain only the daily average or the
batch cycle daily average value, and is not required to retain more
frequent monitored operating parameter values, for a monitored
parameter with respect to an item of equipment, if the requirements of
paragraphs (h)(1)(i) through (h)(1)(vi) of this section are met. An
owner or operator electing to comply with the requirements of paragraph
(h)(1) of this section shall notify the Administrator in the
Notification of Compliance Status as specified in paragraph (e)(5)(xii)
of this section, or, if the Notification of Compliance Status has
already been submitted, in the Periodic Report
[[Page 38084]]
immediately preceding implementation of the requirements of paragraph
(h)(1) of this section, as specified in paragraph (e)(6)(ix) of this
section.
* * * * *
(ii) * * *
(B) The running average is based on at least six one-hour average
values; and
* * * * *
(iv) The monitoring system will alert the owner or operator by an
alarm or other means, if the running average parameter value calculated
under paragraph (h)(1)(ii) of this section reaches a set point that is
appropriately related to the established limit for the parameter that
is being monitored.
* * * * *
(vi) The owner or operator shall retain the records identified in
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
* * * * *
(B) A description of the applicable monitoring system(s), and how
compliance will be achieved with each requirement of paragraphs
(h)(1)(i) through (h)(1)(v) of this section. The description shall
identify the location and format (e.g., on-line storage, log entries)
for each required record. If the description changes, the owner or
operator shall retain both the current and the most recent superseded
description. The description, and the most recent superseded
description, shall be retained as provided in paragraph (a) of this
section, except as provided in paragraph (h)(1)(vi)(D) of this section.
(C) A description, and the date, of any change to the monitoring
system that would reasonably be expected to impair its ability to
comply with the requirements of paragraph (h)(1) of this section.
(D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this
section shall retain the current description of the monitoring system
as long as the description is current. The current description shall,
at all times, be retained on-site or be accessible from a central
location by computer or other means that provides access within 2 hours
after a request. The owner or operator shall retain all superseded
descriptions for at least 5 years after the date of their creation.
Superseded descriptions shall be retained on-site (or accessible from a
central location by computer or other means that provides access within
2 hours after a request) for at least 6 months after their creation.
Thereafter, superseded descriptions may be stored off-site.
(2) * * *
(i) If the owner or operator elects not to retain the daily average
or batch cycle daily average values, the owner or operator shall notify
the Administrator in the next Periodic Report as specified in paragraph
(e)(6)(x) of this section. The notification shall identify the
parameter and unit of equipment.
* * * * *
(iii) The owner or operator shall retain the records specified in
paragraphs (h)(1)(i) through(h)(1)(iii) of this section, for the
duration specified in paragraph (h) of this section. For any calendar
week, if compliance with paragraphs (h)(1)(i) through (h)(1)(iii) of
this section does not result in retention of a record of at least one
occurrence or measured parameter value, the owner or operator shall
record and retain at least one parameter value during a period of
operation other than a start-up, shutdown, or malfunction.
(iv) * * *
(A) The daily average or batch cycle daily average value during any
start-up, shutdown, or malfunction shall not be considered an excursion
for purposes of paragraph (h)(2) of this section, if the owner or
operator follows the applicable provisions of the start-up, shutdown,
and malfunction plan required by Sec. 63.6(e)(3).
* * * * *
28a. Revise Tables 1, 2, 5, 6, 7, and 8, and add Table 9 to Subpart
U of part 63, to read as follows:
Table 1 to Subpart U of Part 63.--Applicability of General Provisions to
Subpart U Affected Sources
------------------------------------------------------------------------
Applies to
Reference subpart U Explanation
------------------------------------------------------------------------
63.1(a)(1).................... Yes.............. Sec. 63.482
specifies
definitions in
addition to or that
supersede
definitions in Sec.
63.2.
63.1(a)(2).................... Yes .....................
63.1(a)(3).................... Yes.............. Sec. 63.481(f)
through (k) and Sec.
63.160(b) identify
those standards
which may apply in
addition to the
requirements of
subparts U and H of
this part, and
specify how
compliance shall be
achieved.
63.1(a)(4).................... Yes.............. Subpart U (this
table) specifies the
applicability of
each paragraph in
subpart A to subpart
U.
63.1(a)(5).................... No............... [Reserved.]
63.1(a)(6)-63.1(a)(8)......... Yes .....................
63.1(a)(9).................... No............... [Reserved.]
63.1(a)(10)................... Yes .....................
63.1(a)(11)................... Yes .....................
63.1(a)(12)-63.1(a)(14)....... Yes .....................
63.1(b)(1).................... No............... Sec. 63.480(a)
contains specific
applicability
criteria.
63.1(b)(2).................... Yes .....................
63.1(b)(3).................... No............... Sec. 63.480(b)
provides
documentation
requirements for
EPPUs not considered
affected sources.
63.1(c)(1).................... Yes.............. Subpart U (this
table) specifies the
applicability of
each paragraph in
subpart A to subpart
U.
63.1(c)(2).................... No............... Area sources are not
subject to subpart
U.
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 that
are not required by
subpart U.
63.1(d)....................... No............... [Reserved.]
63.1(e)....................... Yes .....................
63.2.......................... Yes.............. Sec. 63.482
specifies those
subpart A
definitions that
apply to subpart U.
63.3.......................... Yes .....................
63.4(a)(1)-63.4(a)(3)......... Yes .....................
63.4(a)(4).................... No............... [Reserved.]
[[Page 38085]]
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.
63.480(i) 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
and Sec. 63.9(b)
requirements do not
apply.
63.5(b)(5).................... Yes..............
63.5(b)(6).................... Yes.............. Except that Sec.
63.480(i) defines
when construction or
reconstruction is
subject to the new
source standards.
63.5(c)....................... No............... [Reserved.]
63.5(d)(1)(i)................. Yes.............. Except that the
references to the
Initial Notification
and Sec. 63.9(b)(5)
do not apply.
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. 63.506(e)(5)
and Sec. 63.502(f)
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.
63.502 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).................... No............... The dates specified
in Sec. 63.481(b)
apply, instead.
63.6(b)(2).................... No...............
63.6(b)(3).................... No...............
63.6(b)(4).................... No...............
63.6(b)(5).................... No...............
63.6(b)(6).................... No............... [Reserved.]
63.6(b)(7).................... No...............
63.6(c)(1).................... Yes.............. Sec. 63.481
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. Does not
apply to Group 2
emission points,
unless they are
included in an
emissions
average.\a\
63.6(e)(1)(i)................. No............... This is addressed by
Sec. 63.480(j)(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.
63.502), the start-
up, shutdown, and
malfunction plan
requirement of Sec.
63.6(e)(3)(i) is
limited to control
devices and is
optional for other
equipment. The start-
up, shutdown, and
malfunction plan may
include written
procedures that
identify conditions
that justify a delay
of repair.
63.6(e)(3)(i)(A).............. No............... This is addressed by
Sec. 63.480(j)(4).
63.6(e)(3)(i)(B).............. Yes..............
63.6(e)(3)(i)(C).............. Yes..............
63.6(e)(3)(ii)................ Yes..............
63.6(e)(3)(iii)............... No............... Recordkeeping and
reporting are
specified in Sec.
63.506(b)(1).
63.6(e)(3)(iv)................ No............... Recordkeeping and
reporting are
specified in Sec.
63.506(b)(1).
63.6(e)(3)(v)................. Yes..............
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.
63.480(j)(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.
63.502.
63.6(f)(3).................... Yes..............
[[Page 38086]]
63.6(g)....................... Yes..............
63.6(h)....................... No............... Subpart U 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. 63.481(e)
and Sec.
63.506(e)(3)(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. 63.506(e)(5)
specifies 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. 63.504(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
at maximum
representative
operating conditions
achievable at the
time without
disruption of
operations or damage
to equipment.
63.7(e)(2).................... Yes..............
63.7(e)(3).................... No............... Subpart U specifies
requirements.
63.7(e)(4).................... Yes..............
63.7(f)....................... Yes.............. Except that Sec.
63.144(b)(5)(iii)(A)
& (B) shall apply
for process
wastewater. Also,
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 that the
requirements in Sec.
63.506(e)(5) shall
apply instead of
references to the
Notification of
Compliance Status
report in 63.9(h).
In addition,
equipment leaks
subject to Sec.
63.502 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 U 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.
63.506(b)(1)(i)(B);
for equipment leaks,
comply with Sec.
63.181(g)(2)(iii).
63.8(c)(1)(iii)............... Yes..............
63.8(c)(2).................... Yes..............
63.8(c)(3).................... Yes..............
63.8(c)(4).................... No............... Sec. 63.505
specifies monitoring
frequency; not
applicable to
equipment leaks,
because Sec. 63.502
does not require
continuous
monitoring systems.
63.8(c)(5)-63.8(c)(8)......... No...............
63.8(d)....................... No...............
63.8(e)....................... No...............
63.8(f)(1)-63.8(f)(3)......... Yes..............
63.8(f)(4)(i)................. No............... Timeframe for
submitting request
is specified in Sec.
63.506(f) or (g);
not applicable to
equipment leaks,
because Sec. 63.502
(through reference
to subpart H)
specifies acceptable
alternative methods.
63.8(f)(4)(ii)................ No............... Contents of request
are specified in
Sec. 63.506(f) or
(g).
63.8(f)(4)(iii)............... No...............
63.8(f)(5)(i)................. Yes..............
63.8(f)(5)(ii)................ No...............
63.8(f)(5)(iii)............... Yes..............
63.8(f)(6).................... No............... Subpart U does not
require CEM's.
63.8(g)....................... No............... Data reduction
procedures specified
in Sec. 63.506(d)
and (h); not
applicable to
equipment leaks.
63.9(a)....................... Yes..............
[[Page 38087]]
63.9(b)....................... No............... Subpart U does not
require an initial
notification.
63.9(c)....................... Yes..............
63.9(d)....................... Yes..............
63.9(e)....................... No............... Sec. 63.504(a)(4)
specifies
notification
deadline.
63.9(f)....................... No............... Subpart U does not
require opacity and
visible emission
standards.
63.9(g)....................... No...............
63.9(h)....................... No............... Sec. 63.506(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. 63.506(a)
specifies record
retention
requirements.
63.10(b)(2)................... No............... Subpart U specifies
recordkeeping
requirements.
63.10(b)(3)................... No............... Sec. 63.480(b)
requires
documentation of
sources that are not
affected sources.
63.10(c)...................... No............... Sec. 63.506
specifies
recordkeeping
requirements.
63.10(d)(1)................... Yes..............
63.10(d)(2)................... No............... Sec. 63.506(e)(5)
specifies
performance test
reporting
requirements; not
applicable to
equipment leaks.
63.10(d)(3)................... No............... Subpart U 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.
63.506(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
unless they are
included in an
emissions average.
63.10(d)(5)(ii)............... No...............
63.10(e)...................... No............... Sec. 63.506
specifies reporting
requirements.
63.10(f)...................... Yes..............
63.11......................... Yes.............. Except that instead
of Sec. 63.11(b),
Sec. 63.504(c)
shall apply.
63.12......................... Yes.............. Except that the
authority of Sec.
63.503(i) and 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 unless they are
included in an emissions average.
Table 2 to Subpart U of Part 63--Applicability of Subparts F, G, & H of This Part to Subpart U Affected Sources
----------------------------------------------------------------------------------------------------------------
Applicable section of subpart
Reference Applies to subpart U Explanation U
----------------------------------------------------------------------------------------------------------------
Subpart F
63.100......................... No..................
63.101......................... Yes................. Several definitions from 63.482
63.101 are referenced in
63.482.
63.102-63.103.................. No..................
63.104-63.105.................. Yes................. ......................... 63.501 and 63.502
63.106-63.109.................. No..................
Subpart G
63.110......................... No..................
63.111......................... Yes................. Several definitions from 63.482
63.111 are referenced in
63.482.
63.112......................... No..................
63.113-63.118.................. Yes................. With the differences 63.485
noted in 63.485(b)
through 63.485(k).
63.119-63.123.................. Yes................. With the differences 63.484
noted in 63.484(c)
through 63.484(s).
63.124-63.125.................. No.................. [Reserved.]..............
63.126-63.130.................. No..................
63.131-63.147.................. Yes................. With the differences 63.501
noted in 63.501(a)(1)
through 63.501(a)(19).
63.148-63.149.................. Yes................. With the differences 63.484 and 63.501
noted in 63.484(c)
through 63.484(s) and
63.501(a)(1) through
63.501(a)(23).
63.150(a) through 63.150(f).... No..................
63.150(g)(1) and 63.150(g)(2).. No..................
63.150(g)(3)................... Yes................. ......................... 63.503(g)(3)
63.150(g)(4)................... No..................
63.150(g)(5)................... Yes................. ......................... 63.503(g)(5)
63.150(h)(1) and 63.150(h)(2).. No..................
63.150(h)(3)................... Yes................. ......................... 63.503(h)(3)
63.150(h)(4)................... No..................
[[Page 38088]]
63.150(h)(5)................... Yes................. ......................... 63.503(h)(5)
63.150(i) through 63.150(o).... No..................
63.151-63.152.................. No..................
Subpart H
63.160-63.183.................. Yes................. Subpart U affected 63.502
sources shall comply
with all requirements of
subpart H of this part,
with the differences
noted in Sec. 63.502.
----------------------------------------------------------------------------------------------------------------
* * * * *
[[Page 38089]]
Table 5 to Subpart U of Part 63--Known Organic HAP Emitted From the Production of Elastomer Products
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Elastomer product/subcategory
Organic HAP/chemical name (CAS -----------------------------------------------------------------------------------------------------------------------------------------------------------------
No.) BR EPI EPR HBR HYP NEO NBL NBR PBR/SBRS PSR SBL SBRE
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Acrylonitrile (107131)........ ............ ............ ............ ............ ............ ............ ........... ........... ........... ...........
1,3 Butadiene (106990)........ ............ ............ ............ ............ ............ ............ ...........
Carbon Disulfide (75150)...... ............ ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
Carbon Tetrachloride (56235).. ............ ............ ............ ............ ............ ........... ........... ........... ........... ........... ...........
Chlorobenzene (108907)........ ............ ............ ............ ............ ............ ........... ........... ........... ........... ........... ...........
Chloroform (67663)............ ............ ............ ............ ............ ............ ........... ........... ........... ........... ........... ...........
Chloroprene (126998).......... ............ ............ ............ ............ ............ ........... ........... ........... ........... ........... ...........
Epichlorohydrin (106898)...... ............ ............ ............ ............ ............ ........... ........... ........... ........... ........... ...........
Ethylbenzene (100414)......... ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
Ethylene Dichloride (107062).. ............ ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
Ethylene Oxide (75218)........ ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
Formaldehyde (50000).......... ............ ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
Hexane (110543)............... ............ ............ ............ ............ ........... ........... ........... ........... ...........
Methanol (67561).............. ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
Methyl Chloride (74873)....... ............ ............ ............ ............ ........... ........... ........... ........... ........... ...........
Propylene Oxide (75569)....... ............ ............ ............ ............ ............ ........... ........... ........... ........... ........... ...........
Styrene (100425).............. ............ ............ ............ ............ ............ ............ ........... ........... ...........
Toluene (108883).............. ............ ............ ............ ........... ........... ........... ........... ...........
Xylenes (1330207)............. ............ ............ ............ ............ ............ ........... ........... ........... ........... ........... ...........
Xylene (m-) (108383).......... ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
Xylene (o-) (95476)........... ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
Xylene (p-) (106423).......... ............ ............ ............ ............ ............ ........... ........... ........... ........... ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number
BR = Butyl Rubber
EPI = Epichlorohydrin Rubber
EPR = Ethylene Propylene Rubber
HBR = Halobutyl Rubber
HYP = HypalonTM
NEO = Neoprene
NBL = Nitrile Butadiene Latex
NBR = Nitrile Butadiene Rubber
PBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by Solution
PSR = Polysulfide Rubber
SBL = Styrene Butadiene Latex
SBRE = Styrene Butadiene Rubber by Emulsion
[[Page 38090]]
Table 6 to Subpart U of Part 63--Group 1 Batch Front-End Process Vents
and Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and
Reporting Requirements
------------------------------------------------------------------------
Recordkeeping and
Parameter to be reporting
Control/recovery device monitored requirements for
monitored parameters
------------------------------------------------------------------------
Thermal Incinerator......... Firebox temperature 1. Continuous
a. records as
specified in Sec.
63.491(e)(1) b.
2. Record and report
the average firebox
temperature
measured during the
performance test
NCS c.
3. Record the batch
cycle daily average
firebox temperature
as specified in
Sec. 63.491(e)(2).
4. Report all batch
cycle daily average
temperatures that
are below the
minimum operating
value established
in the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR d e.
Catalytic Incinerator....... Temperature upstream 1. Continuous
and downstream of records as
the catalyst bed. specified in Sec.
63.491(e)(1)b.
2. Record and report
the average
upstream and
downstream
temperatures and
the average
temperature
difference across
the catalyst bed
measured during the
performance test
NCS c.
3. Record the batch
cycle daily average
upstream
temperature and
temperature
difference across
catalyst bed as
specified in Sec.
63.491(e)(2).
4. Report all batch
cycle daily average
upstream
temperatures that
are below the
minimum upstream
value established
in the NCS or
operating permit
PR d e.
5. Report all batch
cycle daily average
temperature
differences across
the catalyst bed
that are below the
minimum difference
established in the
NCS or operating
permit--PR d e.
6. Report all
instances when
monitoring data are
not collected.
Boiler or Process Heater Firebox temperature 1. Continuous
with a design heat input a. records as
capacity less than 44 specified in Sec.
megawatts and where the 63.491(e)(1).b
batch front-end process
vents or aggregate batch
vent streams are not
introduced with or used as
the primary fuel.
2. Record and report
the average firebox
temperature
measured during the
performance test--
NCS.c
3. Record the batch
cycle daily average
firebox temperature
as specified in
Sec. 63.491(e)(2).
d
4. Report all batch
cycle daily average
temperatures that
are below the
minimum operating
value established
in the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR.d e
Flare....................... Presence of a flame 1. Hourly records of
at the pilot light. whether the monitor
was continuously
operating during
batch emission
episodes selected
for control and
whether a flame was
continuously
present at the
pilot light during
each hour.
2. Record and report
the presence of a
flame at the pilot
light over the full
period of the
compliance
determination--NCS.
c
3. Record the times
and durations of
all periods during
batch emission
episodes when all
flames at the pilot
light of a flare
are absent or the
monitor is not
operating.
4. Report the times
and durations of
all periods during
batch emission
episodes selected
for control when
all flames at the
pilot light of a
flare are absent--
PR.d
[[Page 38091]]
Scrubber for halogenated pH of scrubber 1. Continuous
batch front-end process effluent, and. records as
vents or aggregate batch specified in Sec.
vent streams (Note: 63.491(e)(1).b
Controlled by a combustion
device other than a flare).
2. Record and
report the average
pH of the scrubber
effluent measured
during the
performance test--
NCS.c
3. Record the batch
cycle daily average
pH of the scrubber
effluent as
specified in Sec.
63.491(e)(2).
4. Report all batch
cycle daily average
pH values of the
scrubber effluent
that are below the
minimum operating
value established
in the NCS or
operating permit
and all instances
when insufficient
monitoring data are
collected--PR.d e
Scrubber for halogenated Scrubber liquid and 1. Records as
batch front-end process gas flow rates specified in Sec.
vents or aggregate batch [Sec. 63.489 63.491(e)(1).b
vent streams (Note: (b)(4)(ii)]. 2. Record and report
Controlled by a combustion the scrubber liquid/
device other than a flare) gas ratio averaged
(Continued). over the full
period of the
performance test--
NCS.c
3. Record the batch
cycle daily average
scrubber liquid/gas
ratio as specified
in Sec.
63.491(e)(2).
4. Report all batch
cycle daily average
scrubber liquid/gas
ratios that are
below the minimum
value established
in the NCS or
operating permit
and all instances
when insufficient
monitoring data are
collected--PR.d e
Absorber f.................. Exit temperature of 1. Continuous
the absorbing records as
liquid, and. specified in Sec.
63.491(e)(1).b
2. Record and report
the average exit
temperature of the
absorbing liquid
measured during the
performance test--
NCS.c
3. Record the batch
cycle daily average
exit temperature of
the absorbing
liquid as specified
in Sec.
63.491(e)(2) for
each batch cycle.
4. Report all the
batch cycle daily
average exit
temperatures of the
absorbing liquid
that are below the
minimum absorbing
liquid exit
temperature
established in the
NCS or operating
permit and all
instances when
monitoring data are
not collected--PR.d
e
.......................... Exit specific
gravity of the
absorbing liquid 1.
Continuous records
as specified in
Sec. 63.491(e)(1).
b
2. Record and report
the average exit
specific gravity
measured during the
performance test--
NCS.
3. Record the batch
cycle daily average
exit specific
gravity as
specified in Sec.
63.491(e)(2).
4. Report all batch
cycle daily average
exit specific
gravity values that
are below the
minimum operating
value established
in the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR.d e
Condenser f................. Exit (product side) 1. Continuous
temperature. records as
specified in Sec.
63.491(e)(1).b
2. Record and report
the average exit
temperature
measured during the
performance test--
NCS.
3. Record the batch
cycle daily average
exit temperature as
specified in Sec.
63.491(e)(2).
[[Page 38092]]
4. Report all batch
cycle daily average
exit temperatures
that are above the
maximum operating
value established
in the NCS or
operating permit
and all instances
when monitoring
data are not
collected--PR.d, e
Carbon Adsorber f........... Total regeneration 1. Record of total
steam flow or regeneration steam
nitrogen flow, or flow or nitrogen
pressure (gauge or flow, or pressure
absolute) during for each carbon bed
carbon bed regeneration cycle.
regeneration
cycle(s), and.
2. Record and report
the total
regeneration steam
flow or nitrogen
flow, or pressure
during each carbon
bed regeneration
cycle during the
performance test--
NCS.c
3. Report all carbon
bed regeneration
cycles when the
total regeneration
steam flow or
nitrogen flow, or
pressure is above
the maximum value
established in the
NCS or operating
permit--PR.d, e
Temperature of the 1. Record the
carbon bed after temperature of the
regeneration and carbon bed after
within 15 minutes each regeneration
of completing any and within 15
cooling cycle(s). minutes of
completing any
cooling cycle(s).
2. Record and report
the temperature of
the carbon bed
after each
regeneration and
within 15 minutes
of completing any
cooling cycle(s)
measured during the
performance test--
NCS.c
3. Report all carbon
bed regeneration
cycles when the
temperature of the
carbon bed after
regeneration, or
within 15 minutes
of completing any
cooling cycle(s),
is above the
maximum value
established in the
NCS or operating
permit--PR.d, e
All Control Devices......... Diversion to the 1. Hourly records of
atmosphere from the whether the flow
control device or. indicator was
operating during
batch emission
episodes selected
for control and
whether a diversion
was detected at any
time during the
hour, as specified
in Sec.
63.491(e)(3).
2. Record and report
the times of all
periods during
batch emission
episodes selected
for control when
emissions are
diverted through a
bypass line, or the
flow indicator is
not operating--PRd
Monthly inspections 1. Records that
of sealed valves. monthly inspections
were performed as
specified in Sec.
63.491(e)(4)(i).
2. Record and report
all monthly
inspections that
show that valves
are in the
diverting position
or that a seal has
been broken--PRd
Absorber, Condenser, and Concentration level 1. Continuous
Carbon Adsorber (as an or reading records as
alternative to the above). indicated by an specified in Sec.
organic monitoring 63.491(e)(1).b
device at the
outlet of the
recovery device.
2. Record and report
the average batch
vent concentration
level or reading
measured during the
performance test--
NCS.
3. Record the batch
cycle daily average
concentration level
or reading as
specified in Sec.
63.491(e)(2).
4. Report all batch
cycle daily average
concentration
levels or readings
that are above the
maximum values
established in the
NCS or operating
permit and all
instances when
monitoring data are
not collected--
PR.d, e
------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the duct work
immediately downstream of the firebox before any substantial heat
exchange is encountered.
b ``Continuous records'' is defined in Sec. 63.111.
c ``NCS = Notification of Compliance Status described in Sec.
63.506(e)(5).
d PR = Periodic Reports described in Sec. 63.506(e)(6) of this subpart.
e The periodic reports shall include the duration of periods when
monitoring data are not collected as specified in Sec.
63.506(e)(6)(iii)(C) of this subpart.
[[Page 38093]]
f Alternatively, these devices may comply with the organic monitoring
device provisions listed at the end of this table.
Table 7 to Subpart U of Part 63--Operating Parameters for Which
Monitoring Levels Are Required To Be Established for Continuous and
Batch Front-End Process Vents and Aggregate Batch Vent Streams
------------------------------------------------------------------------
Established
Control/recovery device Parameters to be operating
monitored parameter(s)
------------------------------------------------------------------------
Thermal incinerator........... Firebox temperature... Minimum
temperature.
Catalytic incinerator......... Temperature upstream Minimum upstream
and downstream of the temperature;
catalyst bed. and minimum
temperature
difference
across the
catalyst bed.
Boiler or process heater...... Firebox temperature... Minimum
temperature.
Scrubber for halogenated vents pH of scrubber Minimum pH; and
effluent; and minimum liquid/
scrubber liquid and gas ratio.
gas flow rates.
[Sec. 63.489(b)(4)(ii
)].
Absorber...................... Exit temperature of Maximum
the absorbing liquid; temperature;
and exit specific and maximum
gravity of the specific
absorbing liquid. gravity.
Condenser..................... Exit temperature...... Maximum
temperature.
Carbon adsorber............... Total regeneration Maximum flow or
steam flow or pressure; and
nitrogen flow, or maximum
pressure (gauge or temperature.
absolute)a during
carbon bed
regeneration cycle;
and temperature of
the carbon bed after
regeneration (and
within 15 minutes of
completing any
cooling cycle(s)).
Other devices (or as an HAP concentration Maximum HAP
alternate to the above) b. level or reading at concentration
outlet of device. or reading.
------------------------------------------------------------------------
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure
swing absorbers.
b Concentration is measured instead of an operating parameter.
Table 8 to Subpart U of Part 63--Summary of Compliance Alternative
Requirements for the Back-End Process Provisions
------------------------------------------------------------------------
Parameter to be
Compliance alternative monitored Requirements
------------------------------------------------------------------------
Compliance Using Stripping Residual organic HAP (1) If a stripper
Technology, Demonstrated content in each operated in batch
through Periodic Sampling sample of crumb or mode is used, at
[Sec. 63.495(b)]. latex. least one
representative
sample is to be
taken from every
batch.
(2) If a stripper
operated in
continuous mode is
used, at least one
representative
sample is to be
taken each
operating day.
Quantity of Material (1) Acceptable
(weight of latex or methods of
dry crumb rubber) determining this
represented by each quantity are
sample. production records,
measurement of
stream
characteristics,
and engineering
calculations.
Compliance Using Stripping At a minimum, (1) Establish
Technology, Demonstrated temperature, stripper operating
through Stripper Parameter pressure, steaming parameter levels
Monitoring [Sec. rates (for steam for each grade in
63.495(c)]. strippers), and accordance with
some parameter that Sec. 63.505(e).
is indicative of (2) Continuously
residence time. monitor stripper
operating
parameters.
(3) If hourly
average parameters
are outside of the
established
operating parameter
levels, a crumb or
latex sample shall
be taken in
accordance with
Sec. 63.495(c)(3)(
ii).
Determining Compliance Using Parameters to be Comply with
Control or Recovery Devices monitored are requirements listed
[Sec. 63.496]. described in Table in Table 3 of
3 of subpart G of subpart G of this
this part. part, except for
the requirements
for halogenated
vent stream
scrubbers.
------------------------------------------------------------------------
Table 9 to Subpart U of Part 63-- Routine Reports Required by This
Subpart
------------------------------------------------------------------------
Description of
Reference report Due date
------------------------------------------------------------------------
Sec. 63.506(b) and Subpart A. Refer to Sec. Refer to subpart A.
63.506(b), Table
1 of this
subpart, and to
subpart A.
Sec. 63.506(e)(3)............ Precompliance Existing affected
Report a. sources: 12 months
prior to compliance
date.
New affected
sources: with
the application
for approval of
construction or
reconstruction.
Sec. 63.506(e)(4)............ Emissions 18 months prior to
Averaging Plan. the compliance date.
Sec. 63.506(e)(4)(iv)........ Updates to 120 days prior to
Emissions making the change
Averaging Plan. necessitating the
update.
Sec. 63.506(e)(5)............ Notification of Within 150 days after
Compliance the compliance date.
Status b.
Sec. 63.506(e)(6)............ Periodic Reports. Semiannually, no
later than 60 days
after the end of
each 6-month period.
See Sec.
63.506(e)(6)(i) for
the due date for
this report.
Sec. 63.506(e)(6)(xi)........ Quarterly reports No later than 60 days
for Emissions after the end of
Averaging. each quarter. First
report is due with
the Notification of
Compliance Status.
[[Page 38094]]
Sec. 63.506(e)(6)(xii)....... Quarterly reports No later than 60 days
upon request of after the end of
the each quarter.
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.
Sec. 63.506(e)(7)(ii)........ Requests for Initial submittal is
Approval of a due with the
Nominal Control Emissions Averaging
Efficiency for Plan; later
Use in Emissions submittals are made
Averaging. at the discretion of
the owner or
operator as
specified in Sec.
63.506(e)(7)(ii)(B).
Sec. 63.506(e)(7)(iii)....... Notification of For notification
Change in the under Sec.
Primary Product. 63.480(f)(3)(ii)
--notification
submittal date at
the discretion of
the owner or
operator.c
For notification
under Sec.
63.480(f)(4)(ii)
--within 6 months of
making the
determination.
------------------------------------------------------------------------
a There may be two versions of this report due at different times; one
for equipment subject to Sec. 63.502 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. 63.502 and one for other emission
points subject to this subpart.
c Note that the EPPU remains subject to this subpart until the
notification under Sec. 63.480(f)(3)(i) is made.
Subpart JJJ--National Emission Standards for Hazardous Air
Pollutant Emissions: Group IV Polymers and Resins
29. Section 63.1310 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b);
c. Revising paragraph (c);
d. Revising paragraph (e);
e. Revising paragraph (f);
f. Revising paragraph (g) introductory text;
g. Revising paragraphs (g)(1) through (g)(4);
h. Revising paragraphs (g)(6) through (g)(8);
i. Revising paragraph (h);
j. Revising paragraph (i) introductory text;
k. Revising paragraph (i)(1) introductory text;
l. Revising paragraphs (i)(1)(i) and (i)(1)(ii);
m. Revising paragraph (i)(2)(i) introductory text;
n. Revising paragraph (i)(2)(i)(A);
o. Revising paragraphs (i)(2)(ii) and (i)(2)(iii);
p. Revising paragraphs (i)(3) through (i)(5);
q. Revising paragraph (j);
r. Adding paragraph (i)(2)(iv); and
s. Adding paragraph (i)(6).
The revisions and additions read as follows:
Sec. 63.1310 Applicability and designation of affected sources.
(a) Definition of affected source. The provisions of this subpart
apply to each affected source. Affected sources are described in
paragraphs (a)(1) through (a)(4) of this section.
(1) An affected source is either an existing affected source or a
new affected source. Existing affected source is defined in paragraph
(a)(2) of this section, and new affected source is defined in paragraph
(a)(3) of this section.
(2) An existing affected source is defined as each group of one or
more thermoplastic product process units (TPPU) and associated
equipment, as listed in paragraph (a)(4) of this section that is not
part of a new affected source, as defined in paragraph (a)(3) of this
section, that is manufacturing the same primary product, and that is
located at a plant site that is a major source.
(3) A new affected source is defined by the criteria in paragraph
(a)(3)(i), (a)(3)(ii), or (a)( 3)(iii) of this section. The situation
described in paragraph (a)(3)(i) of this section is distinct from those
situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of this
section and from any situation described in paragraph (i) of this
section.
(i) At a site without HAP emission points before March 29, 1995
(i.e., a ``greenfield'' site), each group of one or more TPPU and
associated equipment, as listed in paragraph (a)(4) of this section,
that is manufacturing the same primary product and that is part of a
major source on which construction commenced after March 29, 1995;
(ii) A group of one or more TPPU meeting the criteria in paragraph
(i)(1)(i) of this section; or
(iii) A reconstructed affected source meeting the criteria in
paragraph (i)(2)(i) of this section.
(4) Emission points and equipment. The affected source also
includes the emission points and equipment specified in paragraphs
(a)(4)(i) through (a)(4)(vi) of this section that are associated with
each applicable group of one or more TPPU constituting an affected
source.
(i) Each waste management unit.
(ii) Maintenance wastewater.
(iii) Each heat exchange system.
(iv) Each process contact cooling tower used in the manufacture of
PET that is associated with a new affected source.
(v) Each process contact cooling tower used in the manufacture of
PET using a continuous terephthalic acid high viscosity multiple end
finisher process that is associated with an existing affected source.
(vi) Equipment required by, or utilized as a method of compliance
with, this subpart which may include control devices and recovery
devices.
(5) TPPUs and associated equipment, as listed in paragraph (a)(4)
of this section, that are located at plant sites that are not major
sources are neither affected sources nor part of an affected source.
(b) TPPUs without organic HAP. The owner or operator of a TPPU that
is part of an affected source, as defined in paragraph (a) of this
section, but that does not use or manufacture any organic HAP shall
comply with the requirements of either paragraph (b)(1) or (b)(2) of
this section. Such a TPPU is not subject to any other provisions of
this subpart and is not required to comply with the provisions of
subpart A of this part.
(1) Retain information, data, and analyses used to document the
basis for the determination that the TPPU does not use or manufacture
any organic HAP. Types of information that could document this
determination include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
(2) When requested by the Administrator, demonstrate that the TPPU
does not use or manufacture any organic HAP.
[[Page 38095]]
(c) Emission points not subject to the provisions of this subpart.
The affected source includes the emission points listed in paragraphs
(c)(1) through (c)(9) of this section, but these emission points are
not subject to the requirements of this subpart or to the provisions of
subpart A of this part.
(1) Equipment that does not contain organic HAP and is located
within a TPPU that is part of an affected source;
(2) Stormwater from segregated sewers;
(3) Water from fire-fighting and deluge systems in segregated
sewers;
(4) Spills;
(5) Water from safety showers;
(6) Water from testing of deluge systems;
(7) Water from testing of firefighting systems;
(8) Vessels and equipment storing and/or handling material that
contain no organic HAP and/or organic HAP as impurities only; and
(9) Equipment that is intended to operate in organic HAP service
for less than 300 hours during the calendar year.
* * * * *
(e) Applicability determination of nonthermoplastic equipment
included within the boundaries of a TPPU. If a polymer that is not a
thermoplastic product is produced within the equipment (i.e.,
collocated) making up a TPPU and at least 50 percent of that polymer is
used in the production of a thermoplastic product manufactured by the
same TPPU, then the unit operations involved in the production of that
polymer are considered part of the TPPU and are subject to this
subpart, with the following exception. Any emission points from such
unit operations that are subject to another subpart of this part with
an effective date prior to September 5, 1996 shall remain subject to
that other subpart of this part and are not subject to this subpart.
(f) Primary product determination and applicability. An owner or
operator of a process unit that produces or plans to produce a
thermoplastic product shall determine if the process unit is subject to
this subpart in accordance with this paragraph. The owner or operator
shall initially determine whether a process unit is designated as a
TPPU and subject to the provisions of this subpart in accordance with
either paragraph (f)(1) or (f)(2) of this section. The owner or
operator of a flexible operation unit that was not initially designated
as a TPPU, but in which a thermoplastic product is produced, shall
conduct an annual re-determination of the applicability of this subpart
in accordance with paragraph (f)(3) of this section. Owners or
operators that anticipate the production of a thermoplastic product in
a process unit that was not initially designated as a TPPU, and in
which no thermoplastic products are currently produced, shall determine
if the process unit is subject to this subpart in accordance with
paragraph (f)(4) of this section. Paragraphs (f)(3) and (f)(5) through
(f)(7) of this section discuss compliance only for flexible operation
units. Other paragraphs apply to all process units, including flexible
operation units, unless otherwise noted. Paragraph (f)(8) of this
section contains reporting requirements associated with the
applicability determinations. Paragraphs (f)(9) and (f)(10) of this
section describe criteria for removing the TPPU designation from a
process unit.
(1) Initial determination. The owner or operator shall initially
determine if a process unit is subject to the provisions of this
subpart based on the primary product of the process unit in accordance
with paragraphs (f)(1)(i) through (iii) of this section. If the process
unit never uses or manufactures any organic HAP, regardless of the
outcome of the primary product determination, the only requirements of
this subpart that might apply to the process unit are contained in
paragraph (b) of this section. If a flexible operation unit does not
use or manufacture any organic HAP during the manufacture of one or
more products, paragraph (f)(5)(i) of this section applies to that
flexible operation unit.
(i) If a process unit only manufactures one product, then that
product shall represent the primary product of the process unit.
(ii) If a process unit produces more than one intended product at
the same time, the primary product shall be determined in accordance
with paragraph (f)(1)(ii)(A) or (B) of this section.
(A) The product for which the process unit has the greatest annual
design capacity on a mass basis shall represent the primary product of
the process unit, or
(B) If a process unit has the same maximum annual design capacity
on a mass basis for two or more products, and if one of those products
is a thermoplastic product, then the thermoplastic product shall
represent the primary product of the process unit.
(iii) If a process unit is designed and operated as a flexible
operation unit, the primary product shall be determined as specified in
paragraphs (f)(1)(iii)(A) or (B) of this section based on the
anticipated operations for the 5 years following September 12, 1996 at
existing process units, or for the first year after the process unit
begins production of any product for new process units. If operations
cannot be anticipated sufficiently to allow the determination of the
primary product for the specified period, applicability shall be
determined (in accordance with paragraph (f)(2) of this section.
(A) If the flexible operation unit will manufacture one product for
the greatest operating time over the specified 5 year period for
existing process units, or the specified 1 year period for new process
units, then that product shall represent the primary product of the
flexible operation unit.
(B) If the flexible operation unit will manufacture multiple
products equally based on operating time, then the product with the
greatest expected production on a mass basis over the specified 5 year
period for existing process units, or the specified 1 year period for
new process units shall represent the primary product of the flexible
operation unit.
(iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this
section, the primary product of a process unit is a thermoplastic
product, then that process unit shall be designated as a TPPU. That
TPPU and associated equipment, as listed in paragraph (a)(4) of this
section is either an affected source or part of an affected source
comprised of other TPPU and associated equipment, as listed in
paragraph (a)(4) of this section, subject to this subpart with the same
primary product at the same plant site that is a major source. If the
primary product of a process unit is determined to be a product that is
not a thermoplastic product, then that process unit is not a TPPU.
(2) If the primary product cannot be determined for a flexible
operation unit in accordance with paragraph (f)(1)(iii) of this
section, applicability shall be determined in accordance with this
paragraph.
(i) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, but can
determine that a thermoplastic product is not the primary product, then
that flexible operation unit is not a TPPU.
(ii) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, and cannot
determine that a thermoplastic product is not the primary product as
specified in paragraph (f)(2)(i) of this section, applicability shall
be determined in accordance with paragraph (f)(2)(ii)(A) or
(f)(2)(ii)(B) of this section.
[[Page 38096]]
(A) If the flexible operation unit is an existing process unit, the
flexible operation unit shall be designated as a TPPU if a
thermoplastic product was produced for 5 percent or greater of the
total operating time of the flexible operating unit since March 9,
1999. That TPPU and associated equipment, as listed in paragraph (a)(4)
of this section, is either an affected source, or part of an affected
source comprised of other TPPU and associated equipment, as listed in
paragraph (a)(4) of this section, subject to this subpart with the same
primary product at the same plant site that is a major source. For a
flexible operation unit that is designated as an TPPU in accordance
with this paragraph, the thermoplastic product produced for the
greatest amount of time since March 9, 1999 shall be designated as the
primary product of the TPPU.
(B) If the flexible operation unit is a new process unit, the
flexible operation unit shall be designated as a TPPU if the owner or
operator anticipates that a thermoplastic product will be manufactured
in the flexible operation unit at any time in the first year after the
date the unit begins production of any product. That TPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other TPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. For a process unit that is
designated as a TPPU in accordance with this paragraph, the
thermoplastic product that will be produced shall be designated as the
primary product of the TPPU. If more than one thermoplastic product
will be produced, the owner or operator may select which thermoplastic
product is designated as the primary product.
(3) Annual applicability determination for non-TPPUs that have
produced a thermoplastic product. Once per year beginning September 12,
2001, the owner or operator of each flexible operation unit that is not
designated as a TPPU, but that has produced a thermoplastic product 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 (f)(3)(i) through (f)(3)(iii) of
this section. However, an owner or operator that does not intend to
produce any thermoplastic product in the future, in accordance with
paragraph (f)(9) of this section, is not required to perform the
evaluation described in paragraphs (f)(3)(i) through (f)(3)(iii) of
this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time over which the product was produced during the preceding 5-year
period.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
preceding 5-year period.
(iii) If the primary product identified in paragraph (f)(3)(ii) is
a thermoplastic product, the flexible operation unit shall be
designated as a TPPU. The owner or operator shall notify the
Administrator no later than 45 days after determining that the flexible
operation unit is a TPPU, and shall comply with the requirements of
this subpart in accordance with paragraph (i)(1) of this section for
the flexible operation unit.
(4) Applicability determination for non-TPPUs that have not
produced a thermoplastic product. The owner or operator that
anticipates the production of a thermoplastic product in a process unit
that is not designated as a TPPU, and in which no thermoplastic
products have been produced in the previous 5-year period or since the
date that the process unit began production of any product, whichever
is shorter, shall determine if the process unit is subject to this
subpart in accordance with paragraphs (f)(4)(i) and (ii) of this
section. Also, owners or operators who have notified the Administrator
that a process unit is not a TPPU in accordance with paragraph (f)(9)
of this section, that now anticipate the production of a thermoplastic
product in the process unit, shall determine if the process unit is
subject to this subpart in accordance with paragraphs (f)(4)(i) and
(ii) of this section.
(i) The owner or operator shall use the procedures in paragraph
(f)(1) or (f)(2) of this section to determine if the process unit is
designated as a TPPU, with the following exception: For existing
process units that are determining the primary product in accordance
with paragraph (f)(1)(iii) of this section, production shall be
projected for the five years following the date that the owner or
operator anticipates initiating the production of a thermoplastic
product.
(ii) If the unit is designated as a TPPU in accordance with
paragraph (f)(4)(i) of this section, the owner or operator shall comply
in accordance with paragraph (i)(1) of this section.
(5) Compliance for flexible operation units. Owners or operators of
TPPUs that are flexible operation units shall comply with the standards
specified for the primary product, with the exceptions provided in
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
(i) Whenever a flexible operation unit manufactures a product in
which no organic HAP is used or manufactured, the owner or operator is
only required to comply with either paragraph (b)(1) or (b)(2) of this
section to demonstrate compliance for activities associated with the
manufacture of that product. This subpart does not require compliance
with the provisions of subpart A of this part for activities associated
with the manufacture of a product that meets the criteria of paragraph
(b) of this section.
(ii) Whenever a flexible operation unit manufactures a product that
makes it subject to subpart GGG of this part, the owner or operator is
not required to comply with the provisions of this subpart during the
production of that product.
(6) Owners or operators of TPPUs that are flexible operation units
have the option of determining the group status of each emission point
associated with the flexible operation unit, in accordance with either
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception
of batch process vents. For batch process vents, the owner or operator
shall determine the group status in accordance with Sec. 63.1323.
(i) The owner or operator may determine the group status of each
emission point based on emission point characteristics when the primary
product is being manufactured. The criteria that shall be used for this
group determination are the Group 1 criteria specified for the primary
product.
(ii) The owner or operator may determine the group status of each
emission point separately for each product produced by the flexible
operation unit. For each product, the group status shall be determined
using the emission point characteristics when that product is being
manufactured and using the Group 1 criteria specified for the primary
product. (Note: Under this scenario, it is possible that the group
status, and therefore the requirement to achieve emission reductions,
for an emission point may change depending on the product being
manufactured.)
(7) Owners or operators determining the group status of emission
points in flexible operation units based solely on the primary product
in accordance with paragraph (f)(6)(i) of this section shall establish
parameter monitoring levels, as required, in accordance with either
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators
determining the group status of
[[Page 38097]]
emission points in flexible operation units based on each product in
accordance with paragraph (f)(6)(ii) of this section shall establish
parameter monitoring levels, as required, in accordance with paragraph
(f)(7)(i) of this section.
(i) Establish separate parameter monitoring levels in accordance
with Sec. 63.1334(a) for each individual product.
(ii) Establish a single parameter monitoring level (for each
parameter required to be monitored at each device subject to monitoring
requirements) in accordance with Sec. 63.1334(a) that would apply for
all products.
(8) Reporting requirements. When it is determined that a process
unit is a TPPU and subject to the requirements of this subpart, the
Notification of Compliance Status required by Sec. 63.1335(e)(5) shall
include the information specified in paragraphs (f)(8)(i) and
(f)(8)(ii) of this section, as applicable. If it is determined that the
process unit is not subject to this subpart, the owner or operator
shall either retain all information, data, and analysis used to
document the basis for the determination that the primary product is
not a thermoplastic product, or, when requested by the Administrator,
demonstrate that the process unit is not subject to this subpart.
(i) If the TPPU manufactures only one thermoplastic product,
identification of that thermoplastic product.
(ii) If the TPPU is designed and operated as a flexible operation
unit, the information specified in paragraphs (f)(8)(ii)(A) through
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
(A) If a primary product could be determined, identification of the
primary product.
(B) Identification of which compliance option, either paragraph
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner
or operator.
(C) If the option to establish separate parameter monitoring levels
for each product in paragraph (f)(7)(i) of this section is selected,
the identification of each product and the corresponding parameter
monitoring level.
(D) If the option to establish a single parameter monitor level in
paragraph (f)(7)(ii) of this section is selected, the parameter
monitoring level for each parameter.
(9) TPPUs terminating production of all thermoplastic products. If
a TPPU terminates the production of all thermoplastic products and does
not anticipate the production of any thermoplastic products in the
future, the process unit is no longer a TPPU 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 thermoplastic products will be produced in the
process unit in the future.
(10) Redetermination of applicability to TPPUs that are flexible
operation units. Whenever changes in production occur that could
reasonably be expected to change the primary product of a TPPU that is
operating as a flexible operation unit from a thermoplastic product to
a product that would make the process unit subject to another subpart
of this part, the owner or operator shall re-evaluate the status of the
process unit as a TPPU in accordance with paragraphs (f)(10)(i) through
(iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time in which the product was produced for the preceding five-year
period, or since the date that the process unit began production of any
product, whichever is shorter.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
period.
(iii) If the conditions in (f)(10)(iii)(A) through (C) of this
section are met, the flexible operation unit shall no longer be
designated as a TPPU and shall no longer be subject to the provisions
of this subpart after the date that the process unit is required to be
in compliance with the provisions of the other subpart of this part to
which it is subject. If the conditions in paragraphs (f)(10)(iii)(A)
through (C) of this section are not met, the flexible operation unit
shall continue to be considered a TPPU and subject to the requirements
of this subpart.
(A) The product identified in (f)(10)(ii) of this section is not a
thermoplastic product; and
(B) The production of the product identified in (f)(10)(ii) of this
section is subject to another subpart of this part; and
(C) The owner or operator submits a notification to the
Administrator of the pending change in applicability.
(g) Storage vessel ownership determination. The owner or operator
shall follow the procedures specified in paragraphs (g)(1) through
(g)(7) of this section to determine to which process unit a storage
vessel shall be assigned. Paragraph (g)(8) of this section specifies
when an owner or operator is required to redetermine to which process
unit a storage vessel is assigned.
(1) If a storage vessel is already subject to another subpart of 40
CFR part 63 on September 12, 1996, said storage vessel shall be
assigned to the process unit subject to the other subpart.
(2) If a storage vessel is dedicated to a single process unit, the
storage vessel shall be assigned to that process unit.
(3) If a storage vessel is shared among process units, then the
storage vessel shall be assigned to that process unit located on the
same plant site as the storage vessel that has the greatest input into
or output from the storage vessel (i.e., said process unit has the
predominant use of the storage vessel).
(4) If predominant use cannot be determined for a storage vessel
that is shared among process units and if only one of those process
units is a TPPU subject to this subpart, the storage vessel shall be
assigned to said TPPU.
* * * * *
(6) If the predominant use of a storage vessel varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding September 12, 1996 or based on
the expected utilization for the 5 years following September 12, 1996
for existing affected sources, whichever is more representative of the
expected operations for said storage vessel, and based on the expected
utilization for the first 5 years after initial start-up for new
affected sources. The determination of predominant use shall be
reported in the Notification of Compliance Status, as required by
Sec. 63.1335(e)(5)(vi).
(7) Where a storage vessel is located at a major source that
includes one or more process units which place material into, or
receive materials from the storage vessel, but the storage vessel is
located in a tank farm (including a marine tank farm), the
applicability of this subpart shall be determined according to the
provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
(i) The storage vessel may only be assigned to a process unit that
utilizes the storage vessel and does not have an intervening storage
vessel for that product (or raw material, as appropriate). With respect
to any process unit, an intervening storage vessel means a storage
vessel connected by hard-piping both to the process unit and to the
storage vessel in the tank farm so that product or raw material
entering or leaving the process unit flows into (or from) the
intervening storage vessel and does not flow directly into (or from)
the storage vessel in the tank farm.
(ii) If there is no process unit at the major source that meets the
criteria of
[[Page 38098]]
paragraph (g)(7)(i) of this section with respect to a storage vessel,
this subpart does not apply to the storage vessel.
(iii) If there is only one process unit at the major source that
meets the criteria of paragraph (g)(7)(i) of this section with respect
to a storage vessel, the storage vessel shall be assigned to that
process unit.
(iv) If there are two or more process units at the major source
that meet the criteria of paragraph (g)(7)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to
one of those process units according to the provisions of paragraphs
(g)(3) through (g)(6) of this section. The predominant use shall be
determined among only those process units that meet the criteria of
paragraph (g)(7)(i) of this section.
(8) If the storage vessel begins receiving material from (or
sending material to) a process unit that was not included in the
initial determination, or ceases to receive material from (or send
material to) a process unit, the owner or operator shall re-evaluate
the applicability of this subpart to the storage vessel.
(h) Recovery operations equipment ownership determination. The
owner or operator shall follow the procedures specified in paragraphs
(h)(1) through (h)(6) of this section to determine to which process
unit recovery operations equipment shall be assigned. Paragraph (h)(7)
of this section specifies when an owner or operator is required to
redetermine to which process unit the recovery operations equipment is
assigned.
(1) If recovery operations equipment is already subject to another
subpart of 40 CFR part 63 on September 12, 1996, said recovery
operations equipment shall be assigned to the process unit subject to
the other subpart.
(2) If recovery operations equipment is dedicated to a single
process unit, the recovery operations equipment shall be assigned to
that process unit.
(3) If recovery operations equipment is shared among process units,
then the recovery operations equipment shall be assigned to that
process unit located on the same plant site as the recovery operations
equipment that has the greatest input into or output from the recovery
operations equipment (i.e., said process unit has the predominant use
of the recovery operations equipment).
(4) If predominant use cannot be determined for recovery operations
equipment that is shared among process units and if one of those
process units is a TPPU subject to this subpart, the recovery
operations equipment shall be assigned to said TPPU.
(5) If predominant use cannot be determined for recovery operations
equipment that is shared among process units and if more than one of
the process units are TPPUs that have different primary products and
that are subject to this subpart, then the owner or operator shall
assign the recovery operations equipment to any one of said TPPUs.
(6) If the predominant use of recovery operations equipment varies
from year to year, then predominant use shall be determined based on
the utilization that occurred during the year preceding September 12,
1996 or based on the expected utilization for the 5 years following
September 12, 1996 for existing affected sources, whichever is the more
representative of the expected operations for said recovery operations
equipment, and based on the first 5 years after initial start-up for
new affected sources. The determination of predominant use shall be
reported in the Notification of Compliance Status, as required by
Sec. 63.1335(e)(5)(vii).
(7) If a piece of recovery operations equipment begins receiving
material from a process unit that was not included in the initial
determination, or ceases to receive material from a process unit that
was included in the initial determination, the owner or operator shall
reevaluate the applicability of this subpart to that recovery
operations equipment.
(i) Changes or additions to plant sites. The provisions of
paragraphs (i)(1) through (i)(4) of this section apply to owners or
operators that change or add to their plant site or affected source.
Paragraph (i)(5) of this section provides examples of what are and are
not considered process changes for purposes of this paragraph (i) of
this section. Paragraph (i)(6) of this section discusses reporting
requirements.
(1) Adding a TPPU to a plant site. The provisions of paragraphs
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators
that add one or more TPPUs to a plant site.
(i) If a group of one or more TPPUs that produce the same primary
product is added to a plant site, the added group of one or more TPPUs
and 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 19, 2000, whichever is later, as provided in
Sec. 63.6(b), except that new affected sources whose primary product,
as determined using the procedures specified in paragraph (f) of this
section, is poly(ethylene terephthalate) (PET) shall be in compliance
with Sec. 63.1331 upon initial start-up or February 27, 2001, whichever
is later, if the added group of one or more TPPUs meets the criteria in
either paragraph (i)(1)(i)(A) or (i)(1)(i)(B) of this section, and the
criteria in either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of this
section are met.
(A) The construction of the group of one or more TPPUs commenced
after March 29, 1995.
(B) The construction or reconstruction, for process units that have
become TPPUs, commenced after March 29, 1995.
(C) The group of one or more TPPUs and associated equipment, as
listed in paragraph (a)(4) of this section, has the potential to emit
10 tons per year or more of any HAP or 25 tons per year or more of any
combination of HAP, and the primary product of the group of one or more
TPPUs is currently produced at the plant site as the primary product of
an affected source; or
(D) The primary product of the group of one or more TPPUs is not
currently produced at the plant site as the primary product of an
affected source and the plant site meets, or after the addition of the
group of one or more TPPUs and associated equipment, as listed in
paragraph (a)(4) of this section, will meet the definition of a major
source.
(ii) If a group of one or more TPPUs that produce the same primary
product is added to a plant site, and the group of one or more TPPUs
does not meet the criteria specified in paragraph (i)(1)(i) of this
section, and the plant site meets, or after the addition will meet, the
definition of a major source, the group of one or more TPPUs and
associated equipment, as listed in paragraph (a)(4) of this section,
shall comply with the requirements for an existing affected source in
this subpart upon initial start-up; by June 19, 2001; or by 6 months
after notifying the Administrator that a process unit has been
designated as a TPPU (in accordance with paragraph (f)(3)(iii) of this
section), whichever is later.
(2) * * *
(i) If any components are replaced at an existing affected source
such that the criteria specified in paragraphs (i)(2)(i)(A) through
(i)(2)(i)(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 19, 2000,
whichever is later, as provided in Sec. 63.6(b), except that new
affected sources whose primary product is poly(ethylene terephthalate)
(PET) shall be in compliance with Sec. 63.1331 upon initial
[[Page 38099]]
start-up or by February 27, 2001, whichever is later.
(A) The replacement of components meets the definition of
reconstruction in Sec. 63.1312(b); and
* * * * *
(ii) If any components are replaced at an existing affected source
such that the criteria specified in paragraphs (i)(2)(i)(A) through
(i)(2)(i)(B) of this section are not met, and that replacement of
components 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, equipment leak
components subject to Sec. 63.1331, continuous process vents subject to
Secs. 63.1316 through 63.1320, heat exchange systems subject to
Sec. 63.1328, and process contact cooling towers subject to
Sec. 63.1329), the resulting emission point(s) shall be subject to the
applicable requirements for an existing affected source. The resulting
emission points shall be in compliance by 120 days after the date of
initial start-up or by the appropriate compliance date specified in
Sec. 63.1311 (i.e., February 27, 1998 for most equipment leak
components subject to Sec. 63.1331, June 19, 2001 for most emission
points other than equipment leaks, and February 27, 2001 for process
contact cooling towers at sources that produce PET as the primary
product), whichever is later.
(iii) If an addition or process change (not including a process
change that solely replaces components) is made to an existing affected
source 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, equipment leak
components subject to Sec. 63.1331, continuous process vents subject to
Secs. 63.1316 through 63.1320, heat exchange systems subject to
Sec. 63.1328, and process contact cooling towers subject to
Sec. 63.1329), 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 120 days after the date of
initial start-up or by the appropriate compliance date specified in
Sec. 63.1311 (i.e., February 27, 1998 for most equipment leak
components subject to Sec. 63.1331, June 19, 2001 for most emission
points other than equipment leaks, and February 27, 2001 for process
contact cooling towers at sources that produce PET as their primary
product), whichever is later.
(iv) If any process change (not including a process change that
solely replaces components) is made to an existing affected source that
results in baseline emissions (i.e., emissions prior to applying
controls for purposes of complying with this subpart) from continuous
process vents in the collection of material recovery sections within
the affected source at an existing affected source producing PET using
a continuous dimethyl terephthalate process changing from less than or
equal to 0.12 kg organic HAP per Mg of product to greater than 0.12 kg
organic HAP per Mg of product, the continuous process vents shall be
subject to the applicable requirements for an existing affected source.
The resulting emission point(s) shall be in compliance by 120 days
after the date of initial start-up or by June 19, 2001, whichever is
later.
(3) Existing affected source requirements for surge control vessels
and bottoms receivers that become subject to subpart H requirements. If
a process change or addition of an emission point causes a surge
control vessel or bottoms receiver to become subject to Sec. 63.170
under this paragraph (i), the owner or operator shall be in compliance
upon initial start-up or by June 19, 2001, whichever is later.
(4) Existing affected source requirements for compressors that
become subject to the requirements of subpart H of this part. If a
process change or the addition of an emission point causes a compressor
to become subject to Sec. 63.164 under this paragraph (i), the owner or
operator shall be in compliance upon initial start-up or by the
compliance date for that compressor as specified in Sec. 63.1311(d)(1)
through (d)(4), whichever is later.
(5) Determining what are and are not process changes. For purposes
of paragraph (i) of this section, examples of process changes include,
but are not limited to, changes in feedstock type, or process catalyst
type, or the replacement, removal, or addition of recovery equipment,
or equipment changes that increase production capacity. For purposes of
paragraph (i) 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.
(6) Reporting requirements for owners or operators that change or
add to their plant site or affected source. Owners or operators that
change or add to their plant site or affected source, as discussed in
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as
specified in Sec. 63.1335(e)(7)(iv).
(j) Applicability of this subpart during periods of start-up,
shutdown, malfunction, or non-operation. Paragraphs (j)(1) through
(j)(4) of this section shall be followed during periods of start-up,
shutdown, malfunction, or non-operation of the affected source or any
part thereof.
(1) The emission limitations set forth in this subpart and the
emission limitations referred to in this subpart shall apply at all
times except during periods of non-operation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. The emission limitations of this subpart
and the emission limitations referred to in this subpart shall not
apply during periods of start-up, shutdown, or malfunction, except as
provided in paragraphs (j)(3) and (j)(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. 63.1335(b)(1). However, if a start-
up, shutdown, malfunction, or period of non-operation of one portion of
an affected source does not affect the ability of a particular emission
point to comply with the emission limitations to which it is subject,
then that emission point shall still be required to comply with the
applicable emission limitations of this subpart during the start-up,
shutdown, malfunction, or period of non-operation. For example, if
there is an overpressure in the reactor area, a storage vessel that is
part of the affected source would still be required to be controlled in
accordance with the emission limitations in Sec. 63.1314.
Similarly, the degassing of a storage vessel would not affect the
ability of a batch process vent to meet the emission limitations of
Secs. 63.1321 through 63.1327.
(2) The emission limitations set forth in subpart H of this part,
as referred to in Sec. 63.1331, shall apply at all times except during
periods of non-operation of the affected source (or specific portion
thereof) in which the lines are drained and depressurized resulting in
cessation of the emissions to which Sec. 63.1331 applies, or during
periods of start-up, shutdown, malfunction, or process unit shutdown
(as defined in Sec. 63.161).
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
periods of start-up, shutdown, or malfunction during times when
emissions (or, where applicable,
[[Page 38100]]
wastewater streams or residuals) are being routed to such items of
equipment, if the shutdown would contravene requirements of this
subpart applicable to such items of equipment. This paragraph (j)(3)
does not apply if the item of equipment is malfunctioning. This
paragraph also does not apply if the owner or operator shuts down the
compliance equipment (other than monitoring systems) to avoid damage
due to a contemporaneous start-up, shutdown, or malfunction of the
affected source or portion thereof. If the owner or operator has reason
to believe that monitoring equipment would be damaged due to a
contemporaneous start-up, shutdown, or malfunction of the affected
source or portion thereof, the owner or operator shall provide
documentation supporting such a claim in the Precompliance Report or in
a supplement to the Precompliance Report, as provided in
Sec. 63.1335(e)(3). Once approved by the Administrator in accordance
with Sec. 63.1335(e)(3)(viii), the provision for ceasing to collect,
during a start-up, shutdown, or malfunction, monitoring data that would
otherwise be required by the provisions of this subpart must be
incorporated into the start-up, shutdown, malfunction plan for that
affected source, as stated in Sec. 63.1335(b)(1).
(4) During start-ups, shutdowns, and malfunctions when the emission
limitations of this subpart do not apply pursuant to paragraphs (j)(1)
through (j)(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. Back-up control devices are
not required, but may be used if available.
30. Section 63.1311 is amended by:
a. Revising the section title;
b. Revising paragraph (a);
c. Revising paragraph (b);
d. Revising paragraph (c);
e. Revising paragraph (d) introductory text;
f. Revising paragraph (d)(1) introductory text;
g. Revising paragraphs (d)(2) and (d)(3);
h. Revising paragraphs (d)(5) and (d)(6);
i. Revising paragraph (e) introductory text;
j. Revising paragraph (h);
k. Revising paragraph (i)(1);
l. Revising paragraph (j);
m. Revising paragraph (l);
n. Revising paragraph (m);
o. Adding paragraph (e)(3);
p. Adding paragraph (i)(3);
q. Adding paragraph (n); and
r. Adding paragraph (o).
The revisions and additions read as follows:
Sec. 63.1311 Compliance dates and relationship of this subpart to
existing applicable rules.
(a) Affected sources are required to achieve compliance on or
before the dates specified in paragraphs (b) through (d) of this
section. Paragraph (e) of this section provides information on
requesting compliance extensions. Paragraphs (f) through (n) of this
section discuss the relationship of this subpart to subpart A of this
part and to other applicable rules. Where an override of another
authority of the Act is indicated in this subpart, only compliance with
the provisions of this subpart is required. Paragraph (o) of this
section specifies the meaning of time periods.
(b) New affected sources that commence construction or
reconstruction after March 29, 1995 shall be in compliance with this
subpart upon initial start-up or by June 19, 2000, whichever is later,
except that new affected sources whose primary product, as determined
using the procedures specified in Sec. 63.1310(f), is poly(ethylene
terephthalate) (PET) shall be in compliance with Sec. 63.1331 upon
initial start-up or February 27, 2001, whichever is later.
(c) Existing affected sources shall be in compliance with this
subpart (except for Sec. 63.1331 for which compliance is covered by
paragraph (d) of this section) no later than June 19, 2001, as provided
in Sec. 63.6(c), unless an extension has been granted as specified in
paragraph (e) of this section, except that the compliance date for the
provisions contained in Sec. 63.1329 is temporarily extended to
February 27, 2001, for existing affected sources whose primary product,
as determined using the procedures specified in 63.1310(f), is PET
using a continuous terephthalic acid high viscosity multiple end
finisher process.
(d) Except as provided for in paragraphs (d)(1) through (d)(6) of
this section, existing affected sources shall be in compliance with
Sec. 63.1331 no later than June 19, 2001, unless an extension has been
granted pursuant to paragraph (e) of this section.
(1) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than February 27, 1998, for any compressor meeting one
or more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of
this section, if the work can be accomplished without a process unit
shutdown:
* * * * *
(2) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than March 12, 1998 for any compressor meeting all the
criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section:
(i) The compressor meets one or more of the criteria specified in
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
(ii) The work can be accomplished without a process unit shutdown ;
(iii) The additional time is actually necessary due to the
unavailability of parts beyond the control of the owner or operator;
and
(iv) The owner or operator submits the request for a compliance
extension to the appropriate Environmental Protection Agency (EPA)
Regional Office at the address listed in Sec. 63.13 no later than June
16, 1997. The request for a compliance extension shall contain the
information specified in Sec. 63.6(i)(6)(i)(A), (B), and (D). Unless
the EPA Regional Office objects to the request for a compliance
extension within 30 days after receipt of the request, the request
shall be deemed approved.
(3) If compliance with the compressor provisions of Sec. 63.164
cannot reasonably be achieved without a process unit shutdown, the
owner or operator shall achieve compliance no later than September 12,
1998. The owner or operator who elects to use this provision shall
submit a request for a compliance extension in accordance with the
requirements of paragraph (d)(2)(iv) of this section.
* * * * *
(5) Compliance with the provisions of Sec. 63.170 shall occur no
later than June 19, 2001.
(6) Notwithstanding paragraphs (d)(1) through (d)(4) of this
section, existing affected sources whose primary product, as determined
using the procedures specified in Sec. 63.1310(f), is PET shall be in
compliance with Sec. 63.1331 no later than February 27, 2001.
(e) Pursuant to Section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the
[[Page 38101]]
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, except as provided
in paragraph (e)(3) of this section. The dates specified in
Sec. 63.6(i) for submittal of requests for extensions shall not apply
to this subpart.
* * * * *
(3) An owner or operator may submit a compliance extension request
after the date specified in paragraph (e) of this section, provided
that the need for the compliance extension arose after that date, and
the need arose due to circumstances beyond reasonable control of the
owner or operator. This request shall include, in addition to the
information specified in paragraph (e)(1) of this section, a statement
of the reasons additional time is needed and the date when the owner or
operator first learned of the circumstances necessitating a request for
compliance extension under this paragraph (e)(3).
* * * * *
(h) After the compliance dates specified in this section, a storage
vessel that is assigned to an affected source subject to this subpart
and that is also subject to the provisions of 40 CFR part 60, subpart
Kb, is required to comply only with the provisions of this subpart.
After the compliance dates specified in this section, said storage
vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
(i)(1) Except as provided in paragraphs (i)(2) and (i)(3) of this
section, after the compliance dates specified in this section, affected
sources producing PET using a continuous terephthalic acid process,
producing PET using a continuous dimethyl terephthalate process, or
producing polystyrene resin using a continuous process subject to this
subpart that are also subject to the provisions of 40 CFR part 60,
subpart DDD, are required to comply only with the provisions of this
subpart. After the compliance dates specified in this section, said
sources shall no longer be subject to 40 CFR part 60, subpart DDD.
* * * * *
(3) Existing affected sources producing PET using a continuous
terephthalic acid process, but not using a continuous terephthalic acid
high viscosity multiple end finisher process, that are subject to and
complying with 40 CFR 60.562-1(c)(2)(ii)(B) shall continue to comply
with said section. Existing affected sources producing PET using a
continuous dimethyl terephthalic process that are subject to and
complying with 40 CFR 60.562-1(c)(1)(ii)(B) shall continue to comply
with said section.
(j) Owners or operators of affected sources subject to this subpart
that are also subject to the provisions of subpart Q of this part shall
comply with both subparts.
* * * * *
(l) After the compliance dates specified in this section, a
distillation operation that is assigned to an affected source subject
to this subpart that is also subject to the provisions of 40 CFR part
60, subpart NNN, is required to comply only with the provisions of this
subpart. After the compliance dates specified in this section, the
distillation operation shall no longer be subject to 40 CFR part 60,
subpart NNN.
(m) Applicability of other regulations for monitoring,
recordkeeping or reporting with respect to combustion devices, recovery
devices, or recapture devices. After the compliance dates specified in
this subpart, if any combustion device, recovery device or recapture
device subject to this subpart is also subject to monitoring,
recordkeeping, and reporting requirements in 40 CFR part 264 subpart AA
or CC, or is subject to monitoring and recordkeeping requirements in 40
CFR part 265 subpart AA or CC and the owner or operator complies with
the periodic reporting requirements under 40 CFR part 264 subpart AA or
CC that would apply to the device if the facility had final-permitted
status, the owner or operator may elect to comply either with the
monitoring, recordkeeping and reporting requirements of this subpart,
or with the monitoring, recordkeeping and reporting requirements in 40
CFR parts 264 and/or 265, as described in this paragraph, which shall
constitute compliance with the monitoring, recordkeeping and reporting
requirements of this subpart. The owner or operator shall identify
which option has been selected in the Notification of Compliance Status
required by Sec. 63.1335(e)(5).
(n) Applicability of other requirements for heat exchange systems
or waste management units. Paragraphs (n)(1) and (n)(2) of this section
address instances in which certain requirements from other regulations
also apply for the same heat exchange system(s) or waste management
unit(s) that are subject to this subpart.
(1) After the applicable compliance date specified in this subpart,
if a heat exchange system subject to this subpart is also subject to a
standard identified in paragraphs (n)(1)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraphs (n)(1)(i) or (ii) of this section shall constitute
compliance with the applicable provisions of this subpart with respect
to that heat exchange system.
(i) Subpart F of this part.
(ii) A subpart of this part which requires compliance with
Sec. 63.104 (e.g., subpart U of this part).
(2) After the applicable compliance date specified in this subpart,
if any waste management unit subject to this subpart is also subject to
a standard identified in paragraph (n)(2)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraph (n)(2)(i) or (ii) of this section shall constitute compliance
with the applicable provisions of this subpart with respect to that
waste management unit.
(i) Subpart G of this part.
(ii) A subpart of this part which requires compliance with
Secs. 63.132 through 63.147.
(o) All terms in this subpart that define a period of time for
completion of required tasks (e.g., weekly, monthly, quarterly,
annual), unless specified otherwise in the section or paragraph that
imposes the requirement, refer to the standard calendar periods.
(1) Notwithstanding time periods specified in this subpart for
completion of required tasks, such time periods may be changed by
mutual agreement between the owner or operator and the Administrator,
as specified in subpart A of this part (e.g., a period could begin on
the compliance date or another date, rather than on the first day of
the standard calendar period). For each time period that is changed by
agreement, the revised period shall remain in effect until it is
changed. A new request is not necessary for each recurring period.
(2) Where the period specified for compliance is a standard
calendar period, if the initial compliance date occurs after the
beginning of the period, compliance shall be required according to the
schedule specified in paragraphs (o)(2)(i) or (o)(2)(ii) of this
section, as appropriate.
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remain at least 3 days for tasks that must be performed
[[Page 38102]]
weekly, at least 2 weeks for tasks that must be performed monthly, at
least 1 month for tasks that must be performed each quarter, or at
least 3 months for tasks that must be performed annually; or
(ii) In all other cases, compliance shall be required before the
end of the first full standard calendar period after the period within
which the initial compliance deadline occurs.
(3) In all instances where a provision of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during the
specified period, provided that the task is conducted at a reasonable
interval after completion of the task during the previous period.
31. Section 63.1312 is amended by:
a. Revising paragraph (a);
b. Amending paragraph (b) by revising the definitions for
``Acrylonitrile butadiene styrene latex resin (ABS latex),''
``Aggregate batch vent stream,'' ``Batch cycle,'' ``Batch process,''
``Batch process vent,'' ``Batch unit operation,'' ``Continuous
process,'' ``Continuous process vent,'' ``Continuous unit operation,''
``Control device,'' ``Emission point,'' ``Emulsion process,'' ``Group 1
batch process vent,'' ``Heat exchange system,'' ``Maintenance
wastewater,'' ``Mass process,'' ``Material recovery section,''
``Organic hazardous air pollutant(s) (organic HAP),'' ``Polymerization
reaction section,'' ``Process unit,'' ``Process vent,'' ``Product,''
``Raw materials preparation section,'' ``Recovery operations
equipment,'' ``Steady-state conditions,'' ``Storage vessel,''
``Supplemental combustion air,'' ``Suspension process,'' and
``Thermoplastic product process unit (TPPU),'';
c. Amending paragraph (b) by removing the definitions of ``Average
flow rate,'' ``Solid state polymerization unit,'' and ``Year,''; and
d. Amending paragraph (b) by adding definitions for the terms
``Annual average batch vent concentration,'' ``Annual average batch
vent flow rate,'' ``Annual average concentration,'' ``Annual average
flow rate,'' ``Average batch vent concentration,'' ``Average batch vent
flow rate,'' ``Batch mass input limitation,'' ``Batch mode,''
``Combined vent stream,'' ``Construction,'' ``Continuous mode,''
``Continuous record,'' ``Continuous recorder,'' ``Equipment,''
``Existing affected source,'' ``Existing process unit,'' ``Flexible
operation unit,'' ``Group 1 wastewater stream'' ``Group 2 wastewater
stream,'' ``Highest- HAP recipe,'' ``Initial start-up,'' ``Maximum true
vapor pressure,'' ``Multicomponent system,'' ``New affected source,''
``New process unit,'' ``On-site or On site,'' ``Operating day,''
``Recipe,'' ``Reconstruction,'' ``Recovery device,'' ``Residual,''
``Shutdown,'' ``Solid state polymerization process,'' ``Start-up,''
``Total resource effectiveness index value or TRE index value,'' ``Vent
stream,'' ``Waste management unit,'' ``Wastewater,'' and ``Wastewater
stream.''
The revisions and additions read as follows:
Sec. 63.1312 Definitions.
(a) The following terms used in this subpart shall have the meaning
given them in Sec. 63.2, Sec. 63.101, Sec. 63.111, Sec. 63.161, or the
Act, as specified after each term:
Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
First attempt at repair (Sec. 63.161)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Impurity (Sec. 63.101)
In organic hazardous air pollutant service or in organic HAP service
(Sec. 63.161)
Incinerator (Sec. 63.111)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Oil-water separator or organic-water separator (Sec. 63.111)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Repaired (Sec. 63.161)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)
(b) * * *
Acrylonitrile butadiene styrene latex resin (ABS latex) means ABS
produced through an emulsion process; however, the product is not
coagulated or dried as typically occurs in an emulsion process.
* * * * *
Aggregate batch vent stream means a gaseous emission stream
containing only the exhausts from two or more batch process vents that
are ducted, hardpiped, or otherwise connected together for a continuous
flow .
* * * * *
Annual average batch vent concentration is determined using
Equation 1, as described in Sec. 63.1323(h)(2) for halogenated
compounds.
Annual average batch vent flow rate is determined by the procedures
in Sec. 63.1323(e)(3).
Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b), with the
exceptions noted in Sec. 63.1330, for the purposes of this subpart.
Annual average flow rate, as used in the wastewater provisions,
means the
[[Page 38103]]
annual average flow rate, as determined according to the procedures
specified in Sec. 63.144(c), with the exceptions noted in Sec. 63.1330,
for the purposes of this subpart.
Average batch vent concentration is determined by the procedures in
Sec. 63.1323(b)(5)(iii) for HAP concentrations and is determined by the
procedures in Sec. 63.1323(h)(1)(iii) for organic compounds containing
halogens and hydrogen halides.
Average batch vent flow rate is determined by the procedures in
Sec. 63.1323(e)(1) and (e)(2).
* * * * *
Batch cycle means the operational step or steps, from start to
finish, that occur as part of a batch unit operation.
* * * * *
Batch mass input limitation means an enforceable restriction on the
total mass of HAP or material that can be input to a batch unit
operation in one year.
Batch mode means the discontinuous bulk movement of material
through a unit operation. Mass, temperature, concentration, and other
properties may vary with time. For a unit operation operated in a batch
mode (i.e., batch unit operation), the addition of material and
withdrawal of material do not typically occur simultaneously.
Batch process means, for the purposes of this subpart, a process
where the reactor(s) is operated in a batch mode.
Batch process vent means a process vent with annual organic HAP
emissions greater than 225 kilograms per year from a batch unit
operation within an affected source. Annual organic HAP emissions are
determined as specified in Sec. 63.1323(b) at the location specified in
Sec. 63.1323(a)(2).
Batch unit operation means a unit operation operated in a batch
mode.
Combined vent stream, as used in reference to batch process vents,
continuous process vents, and aggregate batch vent streams, means the
emissions from a combination of two or more of the aforementioned types
of process vents. The primary occurrence of a combined vent stream is
the combined emissions from a continuous process vent and a batch
process vent.
* * * * *
Construction means the on-site fabrication, erection, or
installation of an affected source. Construction also means the on-site
fabrication, erection, or installation of a process unit or combination
of process units which subsequently becomes an affected source or part
of an affected source, due to a change in primary product.
Continuous mode means the continuous movement of material through a
unit operation. Mass, temperature, concentration, and other properties
typically approach steady-state conditions. For a unit operation
operated in a continuous mode (i.e., continuous unit operation), the
simultaneous addition of raw material and withdrawal of product is
typical.
Continuous process means, for the purposes of this subpart, a
process where the reactor(s) is operated in a continuous mode.
Continuous process vent means a process vent containing greater
than 0.005 weight percent total organic HAP from a continuous unit
operation within an affected source. The total organic HAP weight
percent is determined after the last recovery device, as described in
Sec. 63.115(a), and is determined as specified in Sec. 63.115(c).
Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 63.1335(d) or
Sec. 63.1335(h).
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 1-hour or more frequent block average values.
Continuous unit operation means a unit operation operated in a
continuous mode.
Control device is defined in Sec. 63.111, except that the term
``continuous process vents subject to Sec. 63.1315'' shall apply
instead of the term ``process vents,'' for the purpose of this subpart.
* * * * *
Emission point means an individual continuous process vent, batch
process vent, storage vessel, waste management unit, equipment leak,
heat exchange system, or process contact cooling tower, or equipment
subject to Sec. 63.149.
Emulsion process means a process where the monomer(s) is dispersed
in droplets throughout the water phase with the aid of an emulsifying
agent such as soap or a synthetic emulsifier. The polymerization occurs
either within the emulsion droplet or in the aqueous phase.
Equipment means, for the purposes of the provisions in Sec. 63.1331
and the requirements in subpart H that are referred to in Sec. 63.1331,
each pump, compressor, agitator, pressure relief device, sampling
connection system, open-ended valve or line, valve, connector, surge
control vessel, bottoms receiver, and instrumentation system in organic
hazardous air pollutant service; and any control devices or systems
required by subpart H of this part.
Existing affected source is defined in Sec. 63.1310(a)(3).
Existing process unit means any process unit that is not a new
process unit.
* * * * *
Flexible operation unit means a process unit that manufactures
different chemical products, polymers, or resins periodically by
alternating raw materials or operating conditions. These units are also
referred to as campaign plants or blocked operations.
Group 1 batch process vent means a batch process vent releasing
annual organic HAP emissions greater than the level specified in
Sec. 63.1323(d) and with a cutoff flow rate, calculated in accordance
with Sec. 63.1323(f), greater than or equal to the annual average batch
vent flow rate. Annual organic HAP emissions and annual average batch
vent flow rate are determined at the exit of the batch unit operation,
as described in Sec. 63.1323(a)(2). Annual organic HAP emissions are
determined as specified in Sec. 63.1323(b), and annual average batch
vent flow rate is determined as specified in Sec. 63.1323(e).
* * * * *
Group 1 wastewater stream means a wastewater stream consisting of
process wastewater from an existing or new affected source that meets
the criteria for Group 1 status in Sec. 63.132(c) and/or that meets the
criteria for Group 1 status in Sec. 63.132(d), with the exceptions
listed in Sec. 63.1330(b)(8) for the purposes of this subpart (i.e.,
for organic HAP listed on Table 6 of this subpart only).
Group 2 wastewater stream means any process wastewater stream that
does not meet the definition of a Group 1 wastewater stream.
* * * * *
Heat exchange system means any cooling tower system or once-through
cooling water system (e.g., river or pond water) designed and intended
to operate to not allow contact between the cooling medium and process
fluid or gases (i.e., a noncontact system). A heat exchange system can
include more than one heat exchanger and can include recirculating or
once-through cooling systems.
Highest-HAP recipe for a product means the recipe of the product
with the highest total mass of HAP charged to the reactor during the
production of a single batch of product.
Initial start-up means the first time a new or reconstructed
affected source begins production of a thermoplastic product, or, for
equipment added or changed as described in Sec. 63.1310(i), the first
time the equipment is put into operation to produce a thermoplastic
product. Initial start-up does not include operation solely for testing
equipment. Initial start-up does not
[[Page 38104]]
include subsequent start-ups of an affected source or portion thereof
following malfunctions or shutdowns or following changes in product for
flexible operation units or following recharging of equipment in batch
operation. Further, for purposes of Sec. 63.1311 and Sec. 63.1331,
initial start-up does not include subsequent start-ups of affected
sources or portions thereof following malfunctions or process unit
shutdowns.
Maintenance wastewater is defined in Sec. 63.101, except that the
term ``thermoplastic product process unit'' shall apply wherever the
term ``chemical manufacturing process unit'' is used. Further, the
generation of wastewater from the routine rinsing or washing of
equipment in batch operation between batches is not maintenance
wastewater, but is considered to be process wastewater, for the
purposes of this subpart.
Mass process means a polymerization process carried out through the
use of thermal energy. Mass processes do not utilize emulsifying or
suspending agents, but may utilize catalysts or other additives.
Material recovery section means, for PET plants, the equipment that
recovers by-product methanol from any process section for use, reuse,
or sale, or the equipment that separates materials containing by-
product methanol from any process section for off-site purification or
treatment with the intent to recover methanol for reuse. For
polystyrene plants, material recovery section means the equipment that
recovers unreacted styrene from any process section for use, reuse, or
sale, or the equipment that separates materials containing unreacted
styrene from any process section for off-site purification or treatment
with the intent to recover styrene for reuse. Equipment used to store
recovered materials (i.e., ethylene glycol, methanol, or styrene) is
not included. Equipment designed to recover or separate materials from
the polymer product is to be included in this process section, provided
that at the time of initial compliance some of the unreacted or by-
product material is recovered for return to the TPPU, or sale, or
provided that some of the separated material is sent for off-site
purification or treatment with the intent to recover the unreacted or
by-product material for reuse. Otherwise, such equipment is to be
assigned to one of the other process sections, as appropriate. If
equipment is used to recover unreacted or by-product material and
return it directly to the same piece of process equipment from which it
was emitted, then that recovery equipment is considered part of the
process section that contains the process equipment. On the other hand,
if equipment is used to recover unreacted or by-product material and
return it to a different piece of process equipment in the same process
section, that recovery equipment is considered part of a material
recovery section. Equipment used for the on-site recovery of ethylene
glycol from PET plants, however, is not included in the material
recovery section; such equipment is to be included in the
polymerization reaction section. Equipment used for the on-site
recovery of both ethylene glycol and any other materials from PET
plants is not included in the material recovery section; this equipment
is to be included in the polymerization reaction section. Such
equipment includes both contact and non-contact condensers removing
ethylene glycol from vapor streams coming out of polymerization
vessels.
Maximum true vapor pressure is defined in Sec. 63.111, except that
the terms ``transfer'' or ``transferred'' shall not apply for purposes
of this subpart.
* * * * *
Multicomponent system means, as used in conjunction with batch
process vents, a stream whose liquid and/or vapor contains more than
one compound.
New process unit means a process unit for which the construction or
reconstruction commenced after March 29, 1995.
* * * * *
On-site or On site means, with respect to records required to be
maintained by this subpart or required by another subpart referenced by
this subpart, that records are stored at a location within a major
source which encompasses the affected source. On-site includes, but is
not limited to, storage at the affected source or TPPU to which the
records pertain, or storage in central files elsewhere at the major
source.
Operating day means the period defined by the owner or operator in
the Notification of Compliance Status required by Sec. 63.1335(e)(5).
The operating day is the period for which daily average monitoring
values and batch cycle daily average monitoring values are determined.
Organic hazardous air pollutant(s) (organic HAP) means one or more
of the chemicals listed in Table 6 of this subpart or any other
chemical which is:
(1) Knowingly produced or introduced into the manufacturing process
other than as an impurity; and
(2) Listed in Table 2 of subpart F of this part.
* * * * *
Polymerization reaction section means the equipment designed to
cause monomer(s) to react to form polymers, including equipment
designed primarily to cause the formation of short polymer chains
(e.g., oligomers or low molecular weight polymers), but not including
equipment designed to prepare raw materials for polymerization (e.g.,
esterification vessels). For the purposes of these standards, the
polymerization reaction section begins with the equipment used to
transfer the materials from the raw materials preparation section and
ends with the last vessel in which polymerization occurs. Equipment
used for the on-site recovery of ethylene glycol from PET plants is
included in this process section, rather than in the material recovery
process section.
* * * * *
Process unit means a collection of equipment assembled and
connected by hardpiping or duct work, used to process raw materials and
to manufacture a product.
Process vent means a gaseous emission stream from a unit operation
that is discharged to the atmosphere either directly or after passing
through one or more control, recovery, or recapture devices. Unit
operations that may have process vents are condensers, distillation
units, reactors, or other unit operations within the TPPU. Process
vents exclude pressure releases, gaseous streams routed to a fuel gas
system(s), and leaks from equipment regulated under Sec. 63.1331. A
gaseous emission stream is no longer considered to be a process vent
after the stream has been controlled and monitored in accordance with
the applicable provisions of this subpart.
Product means a polymer produced using the same monomers and
varying in additives (e.g., initiators, terminators, etc.); catalysts;
or in the relative proportions of monomers, that is manufactured by a
process unit. With respect to polymers, more than one recipe may be
used to produce the same product. As an example, styrene acrylonitrile
resin and methyl methacrylate butadiene styrene resin each represent a
different product. Product also means a chemical that is not a polymer,
that is manufactured by a process unit. By-products, isolated
intermediates, impurities, wastes, and trace contaminants are not
considered products.
Raw materials preparation section means the equipment at a polymer
[[Page 38105]]
manufacturing plant designed to prepare raw materials, such as monomers
and solvents, for polymerization. For the purposes of the standards in
this subpart, this process section includes the equipment used to
transfer raw materials from storage and/or the equipment used to
transfer recovered material from the material recovery process sections
to the raw material preparation section, and ends with the last piece
of equipment that prepares the material for polymerization. The raw
materials preparation section may include equipment that is used to
purify, dry, or otherwise treat raw materials or raw and recovered
materials together; to activate catalysts; or to promote esterification
including the formation of some short polymer chains (oligomers). The
raw materials preparation section does not include equipment that is
designed primarily to accomplish the formation of oligomers, the
treatment of recovered materials alone, or the storage of raw or
recovered materials.
Recipe means a specific composition, from among the range of
possible compositions that may occur within a product, as defined in
this section. A recipe is determined by the proportions of monomers
and, if present, other reactants and additives that are used to make
the recipe. For example, acrylonitrile butadiene styrene latex resin
(ABS latex) without additives; ABS latex with an additive; and ABS
latex with different proportions of acrylonitrile to butadiene are all
different recipes of the same product, ABS latex.
Reconstruction means the addition of new components or the
replacement of existing components at an affected source or at a
previously unaffected stationary source that becomes an affected source
as a result of the change, to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable affected new source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the provisions of this subpart.
Recovery device means:
(1) An individual unit of equipment capable of and normally used
for the purpose of recovering chemicals for:
(i) Use;
(ii) Reuse;
(iii) Fuel value (i.e., net heating value); or
(iv) For sale for use, reuse, or fuel value (i.e., net heating
value).
(2) Examples of equipment that may be recovery devices include
absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units. For the purposes of the
monitoring, recordkeeping, or reporting requirements of this subpart,
recapture devices are considered recovery devices.
Recovery operations equipment means the equipment used to separate
the components of process streams. Recovery operations equipment
includes distillation units, condensers, etc. Equipment used for
wastewater treatment and recovery or recapture devices used as control
devices shall not be considered recovery operations equipment.
Residual is defined in Sec. 63.111, except that when the definition
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic
HAP listed in Table 6 of subpart JJJ'' shall apply for purposes of this
subpart.
Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of an affected source, a TPPU(s) within an affected source, a
waste management unit or unit operation within an affected source, or
equipment required or used to comply with this subpart, or the emptying
or degassing of a storage vessel. For purposes of the wastewater
provisions of Sec. 63.1330, shutdown does not include the routine
rinsing or washing of equipment in batch operation between batches. For
purposes of the batch process vent provisions in Secs. 63.1321 through
63.1327, the cessation of equipment in batch operation is not a
shutdown, unless the equipment undergoes maintenance, is replaced, or
is repaired.
Solid state polymerization process means a unit operation which,
through the application of heat, furthers the polymerization (i.e.,
increases the intrinsic viscosity) of polymer chips.
Start-up means the setting into operation of an affected source, a
TPPU(s) within an affected source, a waste management unit or unit
operation within an affected source, or equipment required or used to
comply with this subpart, or a storage vessel after emptying and
degassing. For both continuous and batch processes, start-up includes
initial start-up and operation solely for testing equipment. For both
continuous and batch processes, start-up does not include the
recharging of equipment in batch operation. For continuous processes,
start-up includes transitional conditions due to changes in product for
flexible operation units. For batch processes, start-up does not
include transitional conditions due to changes in product for flexible
operation units.
Steady-state conditions means that all variables (temperatures,
pressures, volumes, flow rates, etc.) in a process do not vary
significantly with time; minor fluctuations about constant mean values
may occur.
Storage vessel means a tank or other vessel that is used to store
liquids that contain one or more organic HAP. Storage vessels do not
include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels with capacities smaller than 38 cubic meters;
(4) Vessels and equipment storing and/or handling material that
contains no organic HAP and/or organic HAP as impurities only;
(5) Wastewater storage tanks; and
(6) Surge control vessels and bottoms receivers.
* * * * *
Supplemental combustion air means the air that is added to a vent
stream after the vent stream leaves the unit operation. Air that is
part of the vent stream as a result of the nature of the unit operation
is not considered supplemental combustion air. Air required to operate
combustion device burner(s) is not considered supplemental combustion
air. Air required to ensure the proper operation of catalytic
oxidizers, to include the intermittent addition of air upstream of the
catalyst bed to maintain a minimum threshold flow rate through the
catalyst bed or to avoid excessive temperatures in the catalyst bed, is
not considered to be supplemental combustion air.
Suspension process means a polymerization process where the
monomer(s) is in a state of suspension, with the help of suspending
agents, in a medium other than water (typically an organic solvent).
The resulting polymers are not soluble in the reactor medium. .
* * * * *
Thermoplastic product process unit (TPPU) means a collection of
equipment assembled and connected by hard-piping or ductwork, used to
process raw materials and to manufacture a thermoplastic product as its
primary product. This collection of equipment includes unit operations;
recovery
[[Page 38106]]
operations equipment, process vents; equipment identified in
Sec. 63.149; storage vessels, as determined in Sec. 63.1310(g); and the
equipment that is subject to the equipment leak provisions as specified
in Sec. 63.1331. Utilities, lines and equipment not containing process
fluids, and other non-process lines, such as heating and cooling
systems which do not combine their materials with those in the
processes they serve, are not part of the thermoplastic product process
unit. A thermoplastic product process unit consists of more than one
unit operation.
* * * * *
Total resource effectiveness index value or TRE index value means a
measure of the supplemental total resource requirement per unit
reduction organic HAP associated with a continuous process vent stream,
based on vent stream flow rate, emission rate of organic HAP, net
heating value, and corrosion properties (whether or not the continuous
process vent stream contains halogenated compounds), as quantified by
the equations given under Sec. 63.115.
Vent stream, as used in reference to batch process vents,
continuous process vents, and aggregate batch vent streams, means the
emissions from one or more process vents.
Waste management unit is defined in Sec. 63.111, except that where
the definition in Sec. 63.111 uses the term ``chemical manufacturing
process unit,'' the term ``TPPU'' shall apply for purposes of this
subpart.
Wastewater means water that:
(1) Contains either:
(i) An annual average concentration of organic HAP listed on Table
6 of this subpart, except for ethylene glycol, of at least 5 parts per
million by weight and has an annual average flow rate of 0.02 liter per
minute or greater; or
(ii) An annual average concentration of organic HAP listed on Table
6 of this subpart, except for ethylene glycol, of at least 10,000 parts
per million by weight at any flow rate; and
(2) Is discarded from a TPPU that is part of an affected source.
Wastewater is process wastewater or maintenance wastewater.
Wastewater stream means a stream that contains wastewater as
defined in this section.
32. Section 63.1313 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (a)(2);
c. Revising paragraph (b);
d. Revising paragraph (c); and
e. Adding paragraph (d).
The revisions and additions read as follows:
Sec. 63.1313 Emission standards.
(a) Except as allowed under paragraphs (b) through (d) of this
section, the owner or operator of an existing or new affected source
shall comply with the provisions in:
* * * * *
(2) Section 63.1315, or Secs. 63.1316 through 63.1320, as
appropriate, for continuous process vents;
* * * * *
(b) When emissions of different kinds (i.e., emissions from
continuous process vents subject to either Sec. 63.1315 or
Secs. 63.1316 through 63.1320, batch process vents, aggregate batch
vent streams, storage vessels, process wastewater, and/or in-process
equipment subject to Sec. 63.149) are combined, and at least one of the
emission streams would be classified as Group 1 in the absence of
combination with other emission streams, the owner or operator shall
comply with the requirements of either paragraph (b)(1) or (b)(2) of
this section, as appropriate. For purposes of this paragraph (b),
combined emission streams containing one or more batch process vents
and containing one or more continuous process vents subject to
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii),
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), may comply with either paragraph
(b)(1) or (b)(2) of this section, as appropriate. For purposes of this
paragraph (b), the owner or operator of an affected source with
combined emission streams containing one or more batch process vents
but not containing one or more continuous process vents subject to
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii),
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), shall comply with paragraph (b)(3) of
this section.
(1) Comply with the applicable requirements of this subpart for
each kind of emission in the stream as specified in paragraphs (a)(1)
through (a)(7) of this section.
(2) Comply with the first set of requirements, identified in
paragraphs (b)(2)(i) through (b)(2)(vi) of this section, which applies
to any individual emission stream that is included in the combined
stream, where either that emission stream would be classified as Group
1 in the absence of combination with other emission streams, or the
owner or operator chooses to consider that emission stream to be Group
1 for purposes of this paragraph. Compliance with the first applicable
set of requirements identified in paragraphs (b)(2)(i) through
(b)(2)(vi) of this section constitutes compliance with all other
requirements in paragraphs (b)(2)(i) through (b)(2)(vi) of this section
applicable to other types of emissions in the combined stream.
(i) The requirements of this subpart for Group 1 continuous process
vents subject to Sec. 63.1315, including applicable monitoring,
recordkeeping, and reporting;
(ii) The requirements of Sec. 63.1316(b)(1)(i)(A),
Sec. 63.1316(b)(1)(ii), Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii),
or Sec. 63.1316(c)(1), excluding Sec. 63.1316(c)(1)(ii), as
appropriate, for control of emissions from continuous process vents
subject to the control requirements of Sec. 63.1316, including
applicable monitoring, recordkeeping, and reporting requirements;
(iii) The requirements of Sec. 63.119(e), as specified in
Sec. 63.1314, for control of emissions from Group 1 storage vessels,
including applicable monitoring, recordkeeping, and reporting;
(iv) The requirements of Sec. 63.139, as specified in Sec. 63.1330,
for control devices used to control emissions from waste management
units, including applicable monitoring, recordkeeping, and reporting;
(v) The requirements of Sec. 63.139, as specified in Sec. 63.1330,
for closed vent systems for control of emissions from in-process
equipment subject to Sec. 63.149, as specified in Sec. 63.1330,
including applicable monitoring, recordkeeping, and reporting; or
(vi) The requirements of this subpart for aggregate batch vent
streams subject to Sec. 63.1321(c), including applicable monitoring,
recordkeeping, and reporting.
(3) The owner or operator of an affected source with combined
emission streams containing one or more batch process vents but not
containing one or more continuous process vents subject to
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii),
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), shall comply with paragraph (b)(3)(i)
and (b)(3)(ii) of this section.
(i) The owner or operator of the affected source shall comply with
Sec. 63.1321 for the batch process vent(s).
(ii) The owner or operator of the affected source shall comply with
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for
the remaining emission streams.
(c) Instead of complying with Secs. 63.1314, 63.1315, 63.1316
through 63.1320, 63.1321, and 63.1330, the owner or operator of an
existing affected source may elect to control any or all of the storage
vessels, batch process vents, aggregate batch vent streams,
[[Page 38107]]
continuous process vents, and wastewater streams and associated waste
management units within the affected source to different levels using
an emissions averaging compliance approach that uses the procedures
specified in Sec. 63.1332. The restrictions concerning which emission
points may be included in an emissions average, including how many
emission points may be included, are specified in Sec. 63.1332(a)(1).
An owner or operator electing to use emissions averaging shall still
comply with the provisions of Secs. 63.1314, 63.1315, 63.1316 through
63.1320, 63.1321, and 63.1330 for affected source emission points not
included in the emissions average.
(d) A State may decide not to allow the use of the emissions
averaging compliance approach specified in paragraph (c) of this
section.
33. Section 63.1314 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (a)(1) through (a)(3);
c. Revising paragraph (a)(5) through (a)(16);
d. Revising paragraph (b) introductory text;
e. Revising paragraph (c); and
f. Adding paragraph (a)(17).
The revisions and additions read as follows:
Sec. 63.1314 Storage vessel provisions.
(a) This section applies to each storage vessel that is assigned to
an affected source, as determined by Sec. 63.1310(g). Except as
provided in paragraphs (b) through (d) of this section, the owner or
operator of an affected source shall comply with the requirements of
Secs. 63.119 through 63.123 and 63.148 for those storage vessels, with
the differences noted in paragraphs (a)(1) through (a)(17) of this
section for the purposes of this subpart.
(1) When the term ``storage vessel'' is used in Secs. 63.119
through 63.123, the definition of this term in Sec. 63.1312 shall apply
for the purposes of this subpart.
(2) When the term ``Group 1 storage vessel'' is used in
Secs. 63.119 through 63.123, the definition of this term in
Sec. 63.1312 shall apply for the purposes of this subpart.
(3) When the term ``Group 2 storage vessel'' is used in
Secs. 63.119 through 63.123, the definition of this term in
Sec. 63.1312 shall apply for the purposes of this subpart.
* * * * *
(5) When December 31, 1992, is referred to in Sec. 63.119, March
29, 1995 shall apply instead, for the purposes of this subpart.
(6) When April 22, 1994, is referred to in Sec. 63.119, June 19,
2000 shall apply instead, for the purposes of this subpart.
(7) Each owner or operator of an affected source shall comply with
this paragraph (a)(7) instead of Sec. 63.120(d)(1)(ii) for the purposes
of this subpart. If the control device used to comply with
Sec. 63.119(e) is also used to comply with any of the requirements
found in Sec. 63.1315, Sec. 63.1316, Sec. 63.1322, or Sec. 63.1330, the
performance test required in or accepted by the applicable requirements
of Secs. 63.1315, 63.1316, 63.1322, and 63.1330 is acceptable for
demonstrating compliance with Sec. 63.119(e) for the purposes of this
subpart. The owner or operator is not required to prepare a design
evaluation for the control device as described in Sec. 63.120(d)(1)(i),
if the performance test meets the criteria specified in paragraphs
(a)(7)(i) and (a)(7)(ii) of this section.
(i) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 63.119(e)(1) or Sec. 63.119(e)(2), as applicable; and
(ii) The performance test is submitted as part of the Notification
of Compliance Status required by Sec. 63.1335(e)(5).
(8) When the term ``range'' is used in Secs. 63.120(d)(3),
63.120(d)(5), and 63.122(g)(2), the term ``level'' shall apply instead,
for the purposes of this subpart.
(9) For purposes of this subpart, the monitoring plan required by
Sec. 63.120(d)(2) shall specify for which control devices the owner or
operator has selected to follow the procedures for continuous
monitoring specified in Sec. 63.1334. For those control devices for
which the owner or operator has selected to not follow the procedures
for continuous monitoring specified in Sec. 63.1334, the monitoring
plan shall include a description of the parameter or parameters to be
monitored to ensure that the control device is being properly operated
and maintained, an explanation of the criteria used for selection of
that parameter (or parameters), and the frequency with which monitoring
will be performed (e.g., when the liquid level in the storage vessel is
being raised), as specified in Sec. 63.120(d)(2)(i).
(10) For purposes of this subpart, the monitoring plan required by
Sec. 63.122(b) shall be included in the Notification of Compliance
Status required by Sec. 63.1335(e)(5).
(11) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122,
and 63.123, the Notification of Compliance Status requirements
contained in Sec. 63.1335(e)(5) shall apply for the purposes of this
subpart.
(12) When the 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. 63.1335(e)(6) shall apply for the
purposes of this subpart.
(13) When other reports as required in Sec. 63.152(d) are referred
to in Sec. 63.122, the reporting requirements contained in
Sec. 63.1335(e)(7) shall apply for the purposes of this subpart.
(14) When the Initial Notification requirements contained in
Sec. 63.151(b) are referred to in Sec. 63.122, the owner or operator of
an affected source subject to this subpart need not comply for the
purposes of this subpart.
(15) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Sec. 63.121(a), the provisions in
Sec. 63.6(g) shall apply for the purposes of this subpart.
(16) When Sec. 63.119(a) requires compliance according to the
schedule provisions in Sec. 63.100, owners and operators of affected
sources shall instead comply with the requirements in
Secs. 63.119(a)(1) through 63.119(a)(4) by the compliance date for
storage vessels, which is specified in Sec. 63.1311.
(17) In Sec. 63.120(e)(1), instead of the reference to
Sec. 63.11(b), the requirements of Sec. 63.1333(e) shall apply.
(b) Owners or operators of Group 1 storage vessels that are
assigned to a new affected source producing SAN using a continuous
process shall control emissions to the levels indicated in paragraphs
(b)(1) and (b)(2) of this section.
* * * * *
(c) Owners or operators of Group 1 storage vessels that are
assigned to a new or existing affected source producing ASA/AMSAN shall
control emissions by at least 98 percent relative to uncontrolled
emissions.
* * * * *
34. Section 63.1315 is amended by:
a. Revising paragraphs (a)(1) through (a)(4);
b. Revising paragraphs (a)(9) through (a)(17);
c. Revising paragraph (b) introductory text;
d. Revising paragraph (b)(1)(ii);
e. Revising paragraph (c); and
f. Revising paragraph (d).
The revisions read as follows:
Sec. 63.1315 Continuous process vents provisions.
(a) * * *
(1) When the term ``process vent'' is used in Secs. 63.113 through
63.118, the
[[Page 38108]]
term ``continuous process vent,'' and the definition of this term in
Sec. 63.1312 shall apply for the purposes of this subpart.
(2) When the term ``Group 1 process vent'' is used in Secs. 63.113
through 63.118, the term ``Group 1 continuous process vent,'' and the
definition of this term in Sec. 63.1312 shall apply for the purposes of
this subpart.
(3) When the term ``Group 2 process vent'' is used in Secs. 63.113
through 63.118, the term ``Group 2 continuous process vent,'' and the
definition of this term in Sec. 63.1312 shall apply for the purposes of
this subpart.
(4) When December 31, 1992 is referred to in Sec. 63.113, apply the
date March 29, 1995, for the purposes of this subpart.
* * * * *
(9) When Sec. 63.114(e) specifies that an owner or operator shall
submit the information required in Sec. 63.152(b) in order to establish
the parameter monitoring range, the owner or operator of an affected
source shall comply with the provisions of Sec. 63.1334 for
establishing the parameter monitoring level and shall comply with
Sec. 63.1335(e)(5) for purposes of reporting information related to
establishment of the parameter monitoring level for purposes of this
subpart. Further, the term ``level'' shall apply when the term
``range'' is used in Secs. 63.114, 63.117, and 63.118.
(10) When reports of process changes are required under
Sec. 63.118(g), (h), (i), or (j), paragraphs (a)(10)(i) through
(a)(10)(iv) of this section shall apply for the purposes of this
subpart. In addition, for the purposes of this subpart, paragraph
(a)(10)(v) of this section applies, and Sec. 63.118(k) does not apply
to owners or operators of affected sources.
(i) For the purposes of this subpart, whenever a process change, as
defined in Sec. 63.115(e), is made that causes a Group 2 continuous
process vent to become a Group 1 continuous process vent, the owner or
operator shall submit a report within 180 days after the process change
is made or with the next Periodic Report, whichever is later. A
description of the process change shall be submitted with the report of
the process change, and the owner or operator of the affected source
shall comply with the Group 1 provisions in Secs. 63.113 through 63.118
in accordance with Sec. 63.1310(i)(2)(ii) or (i)(2)(iii), as
applicable.
(ii) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with a TRE greater
than 4.0 to become a Group 2 continuous process vent with a TRE less
than 4.0, the owner or operator shall submit a report within 180 days
after the process change is made or with the next Periodic Report,
whichever is later. A description of the process change shall be
submitted with the report of the process change, and the owner or
operator shall comply with the provisions in Sec. 63.113(d) by the
dates specified in Sec. 63.1311.
(iii) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with a flow rate
less than 0.005 standard cubic meter per minute to become a Group 2
continuous process vent with a flow rate of 0.005 standard cubic meter
per minute or greater and a TRE index value less than or equal to 4.0,
the owner or operator shall submit a report within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. A description of the process change shall be submitted with the
report of the process change, and the owner or operator shall comply
with the provisions in Sec. 63.113(d) by the dates specified in
Sec. 63.1311.
(iv) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with an organic HAP
concentration less than 50 parts per million by volume to become a
Group 2 continuous process vent with an organic HAP concentration of 50
parts per million by volume or greater and a TRE index value less than
or equal to 4.0, the owner or operator shall submit a report within 180
days after the process change is made or with the next Periodic Report,
whichever is later. A description of the process change shall be
submitted with the report of the process change, and the owner or
operator shall comply with the provisions in Sec. 63.113(d) by the
dates specified in Sec. 63.1311.
(v) The owner or operator is not required to submit a report of a
process change if one of the conditions listed in paragraphs
(a)(10)(v)(A), (a)(10)(v)(B), (a)(10)(v)(C), or (a)(10)(v)(D) of this
section is met.
(A) The process change does not meet the definition of a process
change in Sec. 63.115(e);
(B) The vent stream flow rate is recalculated according to
Sec. 63.115(e) and the recalculated value is less than 0.005 standard
cubic meter per minute;
(C) The organic HAP concentration of the vent stream is
recalculated according to Sec. 63.115(e) and the recalculated value is
less than 50 parts per million by volume; or (D) The TRE index value is
recalculated according to Sec. 63.115(e) and the recalculated value is
greater than 4.0, or for the affected sources producing methyl
methacrylate butadiene styrene resin the recalculated value is greater
than 6.7.
(11) When the provisions of Sec. 63.116(c)(3) and (c)(4) specify
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall
conform with the requirements in paragraphs (a)(11)(i) and (a)(11)(ii)
of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(12) When Sec. 63.118, periodic reporting and recordkeeping
requirements, refers to Sec. 63.152(f), the recordkeeping requirements
in Sec. 63.1335(d) shall apply for purposes of this subpart.
(13) If a batch process vent or aggregate batch vent stream is
combined with a continuous process vent, the owner or operator of the
affected source containing the combined vent stream shall comply with
paragraph (a)(13)(i); with paragraph (a)(13)(ii) and with paragraph
(a)(13)(iii) or (iv); or with paragraph (a)(13)(v) of this section, as
appropriate.
(i) If a batch process vent or aggregate batch vent stream is
combined with a Group 1 continuous process vent prior to the combined
vent stream being routed to a control device, the owner or operator of
the affected source containing the combined vent stream shall comply
with the requirements in paragraph (a)(13)(i)(A) or (B) of this
section.
(A) All requirements for a Group 1 process vent stream in
Secs. 63.113 through 63.118, except as otherwise provided in this
section. As specified in Sec. 63.1333(a)(1), performance tests shall be
conducted at maximum representative operating conditions. For the
purpose of conducting a performance test on a combined vent stream,
maximum representative operating conditions shall be when batch
emission episodes are occurring that result in the highest organic HAP
emission rate (for the combined vent stream) that is achievable during
one of the periods listed in Sec. 63.1333(a)(1)(i) or
Sec. 63.1333(a)(1)(ii), without causing any
[[Page 38109]]
of the situations described in paragraphs (a)(13)(i)(A)(1) through (3)
to occur.
(1) Causing damage to equipment.
(2) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(3) Necessitating that the owner or operator make product in excess
of demand.
(B) Comply with the provisions in Sec. 63.1313(b)(1), as allowed
under Sec. 63.1313(b).
(ii) If a batch process vent or aggregate batch vent stream is
combined with a continuous process vent prior to the combined vent
stream being routed to a recovery device, the TRE index value for the
combined vent stream shall be calculated at the exit of the last
recovery device. The TRE shall be calculated during periods when one or
more batch emission episodes are occurring that result in the highest
organic HAP emission rate (in the combined vent stream that is being
routed to the recovery device) that is achievable during the 6-month
period that begins 3 months before and ends 3 months after the TRE
calculation, without causing any of the situations described in
paragraphs (a)(13)(ii)(A) through (C) to occur.
(A) Causing damage to equipment.
(B) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(C) Necessitating that the owner or operator make product in excess
of demand.
(iii) If the combined vent stream described in paragraph
(a)(10)(ii) of this section meets the requirements in paragraphs
(a)(13)(iii)(A), (B), and (C) of this section, the combined vent stream
shall be subject to the requirements for Group 1 process vents in
Secs. 63.113 through 63.118, except as otherwise provided in this
section, as applicable. Performance tests for the combined vent stream
shall be conducted at maximum operating conditions, as described in
paragraph (a)(13)(i) of this section.
(A) The TRE index value of the combined stream is less than or
equal to 1.0;
(B) The flow rate of the combined vent stream is greater than or
equal to 0.005 standard cubic meter per minute; and
(C) The total organic HAP concentration is greater than or equal to
50 parts per million by volume for the combined vent stream.
(iv) If the combined vent stream described in paragraph (a)(10)(ii)
of this section meets the requirements in paragraph (a)(13)(iv)(A),
(B), or (C) of this section, the combined vent stream shall be subject
to the requirements for Group 2 process vents in Secs. 63.113 through
63.118, except as otherwise provided in this section, as applicable.
(A) The TRE index value of the combined vent stream is greater than
1.0;
(B) The flow rate of the combined vent stream is less than 0.005
standard cubic meter per minute; or
(C) The total organic HAP concentration is less than 50 parts per
million by volume for the combined vent stream.
(v) If a batch process vent or aggregate batch vent stream is
combined with a Group 2 continuous process vent, the owner or operator
shall comply with the requirements in either paragraph (a)(13)(v)(A) or
(a)(13)(v)(B) of this section.
(A) The owner or operator shall comply with the requirements in
Secs. 63.113 through 63.118 for Group 1 process vents; or
(B) The owner or operator shall comply with Sec. 63.1322(e)(2) for
batch process vents and aggregate batch vent streams.
(14) If any gas stream that originates outside of an affected
source that is subject to this subpart is normally conducted through
the same final recovery device as any continuous process vent stream
subject to this subpart, the owner or operator of the affected source
with the combined vent stream shall comply with all requirements in
Secs. 63.113 through 63.118 of subpart G of this part, except as
otherwise noted in this section, as applicable.
(i) Instead of measuring the vent stream flow rate at the sampling
site specified in Sec. 63.115(b)(1), the sampling site for vent stream
flow rate shall be prior to the final recovery device and prior to the
point at which the gas stream that is not controlled under this subpart
is introduced into the combined vent stream.
(ii) Instead of measuring total organic HAP or TOC concentrations
at the sampling site specified in Sec. 63.115(c)(1), the sampling site
for total organic HAP or TOC concentration shall be prior to the final
recovery device and prior to the point at which the gas stream that is
not controlled under this subpart is introduced into the combined vent
stream.
(iii) The efficiency of the final recovery device (determined
according to paragraph (a)(14)(iv) of this section) shall be applied to
the total organic HAP or TOC concentration measured at the sampling
site described in paragraph (a)(14)(ii) of this section to determine
the exit concentration. This exit concentration of total organic HAP or
TOC shall then be used to perform the calculations outlined in
Sec. 63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent
stream exiting the final recovery device.
(iv) The efficiency of the final recovery device is determined by
measuring the total organic HAP or TOC concentration using Method 18 or
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery
device after the introduction of any gas stream that is not controlled
under this subpart, and at the outlet of the final recovery device.
(15) When Sec. 63.115(c)(3)(ii)(B) and (d)(2)(iv) and
Sec. 63.116(c)(3)(ii)(B) and (c)(4)(ii)(C) refer to Table 2 of subpart
F of this part, the owner or operator is only required to consider
organic HAP listed on Table 6 of this subpart for purposes of this
subpart.
(16) The compliance date for continuous process vents subject to
the provisions of this section is specified in Sec. 63.1311.
(17) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b),
the requirements in Sec. 63.1333(e) shall apply.
* * * * *
(b) Owners or operators of existing affected sources producing MBS
shall comply with either paragraph (b)(1) or (b)(2) of this section.
(1) * * *
(ii) When complying with this paragraph (b) and the term ``TRE of
4.0'' is used, or related terms indicating a TRE index value of 4.0,
referred to in Secs. 63.113 through 63.118, are used, the term ``TRE of
6.7,'' shall apply instead, for the purposes of this subpart. The TRE
range of 3.7 to 6.7 for continuous process vents at existing affected
sources producing MBS corresponds to the TRE range of 1.0 to 4.0 for
other continuous process vents, as it applies to monitoring,
recordkeeping, and reporting.
* * * * *
(c) Owners or operators of new affected sources producing SAN using
a batch process shall comply with the applicable requirements in
Sec. 63.1321.
(d) Affected sources producing PET or polystyrene using a
continuous process are not subject to the provisions of this section
and instead are subject to the emissions control provisions of
Sec. 63.1316, the monitoring provisions of Sec. 63.1317, the testing
and compliance demonstration provisions of Sec. 63.1318, the
recordkeeping provisions of Sec. 63.1319, and the reporting provisions
of Sec. 63.1320. However, in some instances, as specified in
Sec. 63.1316, select continuous process vents present
[[Page 38110]]
at affected sources producing PET or polystyrene using a continuous
process are subject to the provisions of this section.
* * * * *
35. Section 63.1316 is amended by:
a. Revising the section title;
b. Revising paragraph (a);
c. Revising paragraph (b); introductory text;
d. Revising paragraph (b)(1) introductory text;
e. Revising paragraph (b)(1)(i) introductory text;
f. Revising paragraphs (b)(1)(i)(A) and (b)(1)(i)(B);
g. Revising paragraphs (b)(1)(ii) (b)(1)(iii), and (b)(1)(iv);
h. Revising paragraph (b)(2) introductory text;
i. Revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and
(b)(2)(iv);
j. Revising paragraph (c) introductory text;
k. Revising paragraph (c)(1) introductory text;
l. Revising paragraphs (c)(1)(i) and (c)(1)(ii);
m. Revising paragraph (c)(1)(iii)(A);
n. Revising paragraph (c)(1)(iii)(C); and
o. Revising paragraph (c)(3).
The revisions read as follows:
Sec. 63.1316 PET and polystyrene affected sources--emissions control
provisions.
(a) The owner or operator of an affected source producing PET using
a continuous process shall comply with paragraph (b) of this section.
The owner or operator of an affected source producing polystyrene using
a continuous process shall comply with paragraph (c) of this section.
As specified in paragraphs (b) and (c) of this section, owners or
operators shall comply with Sec. 63.1315 for certain continuous process
vents and with Sec. 63.1321 for all batch process vents. The owner or
operator of an affected source producing PET using a batch process or
producing polystyrene using a batch process shall comply with
Sec. 63.1315 for continuous process vents and with Sec. 63.1321 for
batch process vents, instead of the provisions of Secs. 63.1316 through
63.1320.
(b) The owner or operator of an affected source producing PET using
a continuous process shall comply with the requirements specified in
paragraphs (b)(1) or (b)(2) of this section, as appropriate, and are
not required to comply with the requirements specified in 40 CFR part
60, subpart DDD. Compliance can be based on either organic HAP or TOC.
(1) The owner or operator of an affected source producing PET using
a continuous dimethyl terephthalate process shall comply with
paragraphs (b)(1)(i) through (b)(1)(iv) of this section.
(i) The owner or operator of an existing affected source with
organic HAP emissions greater than 0.12 kg organic HAP per Mg of
product from continuous process vents in the collection of material
recovery sections (i.e., methanol recovery) within the affected source
shall comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or
(b)(1)(i)(C) of this section. Emissions from continuous process vents
in the collection of material recovery sections within the affected
source shall be determined by the procedures specified in
Sec. 63.1318(b). The owner or operator of a new affected source shall
comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or
(b)(1)(i)(C) of this section.
(A) Organic HAP emissions from all continuous process vents in each
individual material recovery section shall, as a whole, be no greater
than 0.018 kg organic HAP per Mg of product from the associated
TPPU(s); or alternatively, organic HAP emissions from all continuous
process vents in the collection of material recovery sections within
the affected source shall, as a whole, be no greater than 0.018 kg
organic HAP per Mg product from all associated TPPU(s);
(B) As specified in Sec. 63.1318(d), the owner or operator shall
maintain the daily average outlet gas stream temperature from each
final condenser in a material recovery section at a temperature of
+3 deg.C (+37 deg.F) or less (i.e., colder);
* * * * *
(ii) Limit organic HAP emissions from continuous process vents in
the collection of polymerization reaction sections within the affected
source by complying with either paragraph (b)(1)(ii)(A) or
(b)(1)(ii)(B) of this section.
(A) Organic HAP emissions from all continuous process vents in each
individual polymerization reaction section (including emissions from
any equipment used to further recover ethylene glycol, but excluding
emissions from process contact cooling towers) shall, as a whole, be no
greater than 0.02 kg organic HAP per Mg of product from the associated
TPPU(s); or alternatively, organic HAP emissions from all continuous
process vents in the collection of polymerization reaction sections
within the affected source shall, as a whole, be no greater than 0.02
kg organic HAP per Mg product from all associated TPPU(s); or
(B) Comply with paragraph (b)(1)(v) of this section.
(iii) Continuous process vents not included in a material recovery
section, as specified in paragraph (b)(1)(i) of this section, and not
included in a polymerization reaction section, as specified in
paragraph (b)(1)(ii) of this section, shall comply with Sec. 63.1315.
(iv) Batch process vents shall comply with Sec. 63.1321.
* * * * *
(2) The owner or operator of an affected source producing PET using
a continuous terephthalic acid process shall comply with paragraphs
(b)(2)(i) through (b)(2)(iv) of this section.
(i) Limit organic HAP emissions from continuous process vents in
the collection of raw material preparation sections within the affected
source by complying with either paragraph (b)(2)(i)(A) or (b)(2)(i)(B)
of this section.
(A) Organic HAP emissions from all continuous process vents
associated with the esterification vessels in each individual raw
materials preparation section shall, as a whole, be no greater than
0.04 kg organic HAP per Mg of product from the associated TPPU(s); or
alternatively, organic HAP emissions from all continuous process vents
associated with the esterification vessels in the collection of raw
material preparation sections within the affected source shall, as a
whole, be no greater than 0.04 kg organic HAP per Mg of product from
all associated TPPU(s). Other continuous process vents (i.e., those not
associated with the esterification vessels) in the collection of raw
materials preparation sections within the affected source shall comply
with Sec. 63.1315; or
(B) Comply with paragraph (b)(2)(v) of this section.
(ii) Limit organic HAP emissions from continuous process vents in
the collection of polymerization reaction sections within the affected
source by complying with either paragraph (b)(2)(ii)(A) or
(b)(2)(ii)(B) of this section.
(A) Organic HAP emissions from all continuous process vents in each
individual polymerization reaction section (including emissions from
any equipment used to further recover ethylene glycol, but excluding
emissions from process contact cooling towers) shall, as a whole, be no
greater than 0.02 kg organic HAP per Mg of product from the associated
TPPU(s); or alternatively, organic HAP emissions from all continuous
process vents in the collection of polymerization reaction sections
within the affected source shall, as a whole, be no greater than 0.02
kg organic HAP per Mg of product from all associated TPPU(s); or
[[Page 38111]]
(B) Comply with paragraph (b)(2)(v) of this section.
(iii) Continuous process vents not included in a raw materials
preparation section, as specified in paragraphs (b)(2)(i) of this
section, and not included in a polymerization reaction section, as
specified in paragraph (b)(2)(ii) of this section, shall comply with
Sec. 63.1315.
(iv) Batch process vents shall comply with Sec. 63.1321.
* * * * *
(c) The owner or operator of an affected source producing
polystyrene resin using a continuous process shall comply with the
requirements specified in paragraphs (c)(1) through (c)(3) of this
section, as appropriate, instead of the requirements specified in 40
CFR part 60, subpart DDD. Compliance can be based on either organic HAP
or TOC.
(1) Limit organic HAP emissions from continuous process vents in
the collection of material recovery sections within the affected source
by complying with either paragraph (c)(1)(i), (c)(1)(ii), or
(c)(1)(iii) of this section.
(i) Organic HAP emissions from all continuous process vents in each
individual material recovery section shall, as a whole, be no greater
than 0.0036 kg organic HAP per Mg of product from the associated
TPPU(s); or alternatively, organic HAP emissions from all continuous
process vents in the collection of material recovery sections within
the affected source shall, as a whole, be no greater than 0.0036 kg
organic HAP per Mg of product from all associated TPPU(s);
(ii) As specified in Sec. 63.1318(d), the owner or operator shall
maintain the daily average outlet gas stream temperature from each
final condenser in a material recovery section at a temperature of
-25 deg.C (-13 deg.F) or less (i.e., colder); or
(iii) * * *
(A) Reduce the emissions in a combustion device to achieve 98
weight percent reduction or to achieve a concentration of 20 parts per
million by volume (ppmv) on a dry basis, whichever is less stringent.
If an owner or operator elects to comply with the 20 ppmv standard, the
concentration shall include a correction to 3 percent oxygen only when
supplemental combustion air is used to combust the emissions;
* * * * *
(C) Combust the emissions in a flare that complies with the
requirements of Sec. 63.1333(e).
* * * * *
(3) Batch process vents shall comply with Sec. 63.1321.
36. Section 63.1317 is revised (including the section title) to
read as follows:
Sec. 63.1317 PET and polystyrene affected sources--monitoring
provisions.
Continuous process vents using a control or recovery device to
comply with Sec. 63.1316 shall comply with the applicable monitoring
provisions specified for continuous process vents in Sec. 63.1315(a),
except that references to group determinations (i.e., total resource
effectiveness) do not apply and owners or operators are not required to
comply with Sec. 63.113.
37. Section 63.1318 is amended by:
a. Revising the section title;
b. Revising paragraph (a);
c. Revising paragraph (b) introductory text;
d. Revising paragraph (b)(1)(i) introductory text;
e. Revising paragraph (c); and
f. Revising paragraph (d).
The revisions read as follows:
Sec. 63.1318 PET and polystyrene affected sources--testing and
compliance demonstration provisions.
(a) Except as specified in paragraphs (b) through (d) of this
section, continuous process vents using a control or recovery device to
comply with Sec. 63.1316 shall comply with the applicable testing and
compliance provisions for continuous process vents specified in
Sec. 63.1315, except that, for the purposes of this paragraph (a),
references to group determinations (i.e., total resource effectiveness)
do not apply and owners or operators are not required to comply with
Sec. 63.113.
(b) PET Affected Sources Using a Dimethyl Terephthalate Process--
Applicability Determination Procedure. Owners or operators shall
calculate organic HAP emissions from the collection of material
recovery sections at an existing affected source producing PET using a
continuous dimethyl terephthalate process to determine whether
Sec. 63.1316(b)(1)(i) is applicable using the procedures specified in
either paragraph (b)(1) or (b)(2) of this section.
(1) * * *
(i) The mass emission rate for each continuous process vent,
Ei, shall be determined according to the procedures
specified in Sec. 63.116(c)(4). The sampling site for determining
whether Sec. 63.1316(b)(1)(i) is applicable shall be at the outlet of
the last recovery or control device. When the provisions of
Sec. 63.116(c)(4) specify that Method 18, 40 CFR part 60, appendix A
shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A may
be used for the purposes of this subpart. The use of Method 25A, 40 CFR
part 60, appendix A shall comply with paragraphs (b)(1)(i)(A) and
(b)(1)(i)(B) of this section.
* * * * *
(c) Compliance with Mass Emissions per Mass Product Standards.
Owners or operators complying with Sec. 63.1316(b)(1)(i)(A),
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), and (c)(1)(i) shall demonstrate
compliance with the mass emissions per mass product requirements using
the procedures specified in paragraph (b)(1) of this section.
(d) Compliance with Temperature Limits for Final Condensers. Owners
or operators complying with Sec. 63.1316(b)(1)(i)(B) or
Sec. 63.1316(c)(1)(ii) shall demonstrate continuous compliance based on
an average exit temperature determined for each operating day.
Calculation of the daily average exit temperature shall follow the
provisions of Sec. 63.1335(d)(3). The provisions of Sec. 63.1334(f) and
(g) shall apply for the purposes of determining whether or not an owner
or operator is to be deemed out of compliance for a given operating
day.
38. Section 63.1319 is amended by:
a. Revising the section title;
b. Revising paragraph (a);
c. Revising paragraph (b) introductory text;
d. Revising paragraph (b)(2); and
e. Revising paragraph (c).
The revisions read as follows:
Sec. 63.1319 PET and polystyrene affected sources--recordkeeping
provisions.
(a) Except as specified in paragraphs (b) and (c) of this section,
owners or operators using a control or recovery device to comply with
Sec. 63.1316 shall comply with the applicable recordkeeping provisions
specified in Sec. 63.1315, except that, for the purposes of this
paragraph (a), references to group determinations (i.e., total resource
effectiveness) do not apply, and owners or operators are not required
to comply with Sec. 63.113.
(b) Records Demonstrating Compliance With the Applicability
Determination Procedure for PET Affected Sources Using a Dimethyl
Terephthalate Process. Owners or operators complying with
Sec. 63.1316(b)(1)(i) by demonstrating that mass emissions per mass
product are less than or equal to the level specified in
Sec. 63.1316(b)(1)(i) (i.e., 0.12 kg organic HAP per Mg of product)
shall keep the following records.
* * * * *
(2) Records of any change in process operation that increases the
mass emissions per mass product.
(c) Records Demonstrating Compliance with Temperature Limits for
Final Condensers. Owners or operators of continuous process vents
complying with Sec. 63.1316(b)(1)(i)(B) or Sec. 63.1316(c)(1)(ii) shall
keep records of
[[Page 38112]]
the daily averages required by Sec. 63.1318, per the recordkeeping
provisions specified in Sec. 63.1335(d).
39. Section 63.1320 is revised to read as follows:
Sec. 63.1320 PET and polystyrene affected sources--reporting
provisions.
(a) Except as specified in paragraph (b) of this section, owners
and operators using a control or recovery device to comply with
Sec. 63.1316 shall comply with the applicable reporting provisions
specified in Sec. 63.1315, except that, for the purposes of this
paragraph (a), references to group determinations (i.e., total resource
effectiveness) do not apply, and owners or operators are not required
to comply with Sec. 63.113.
(b) Reporting for PET Affected Sources Using a Dimethyl
Terephthalate Process. Owners or operators complying with Sec. 63.1316
by demonstrating that mass emissions per mass product are less than or
equal to the level specified in Sec. 63.1316(b)(1)(i) (i.e., 0.12 kg
organic HAP per Mg of product) shall comply with paragraphs (b)(1)
through (b)(3) of this section.
(1) Include the information specified in Sec. 63.1319(b)(2) in each
Periodic Report, required by Sec. 63.1335(e)(6), as appropriate.
(2) Include the information specified in Sec. 63.1319(b)(1) in the
Notification of Compliance Status, required by Sec. 63.1335(e)(5).
(3) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes emissions from continuous process vents in the
collection of material recovery sections (i.e., methanol recovery)
within the affected source to be greater than 0.12 kg organic HAP per
Mg of product, the owner or operator shall submit a report within 180
days after the process change is made or the information regarding the
process change is known to the owner or operator. This report may be
included in the next Periodic Report as specified in
Sec. 63.1335(e)(6)(iii)(D)(2). The report shall include the information
specified in Sec. 63.1319(b)(1) and a description of the process
change.
40. Section 63.1321 is amended by revising paragraphs (a) and (c),
to read as follows:
Sec. 63.1321 Batch process vents provisions.
(a) Batch process vents. Except as specified in paragraphs (b)
through (d) of this section, owners and operators of new and existing
affected sources with batch process vents shall comply with the
requirements in Secs. 63.1322 through 63.1327. The batch process vent
group status shall be determined in accordance with Sec. 63.1323.
Owners or operators of batch process vents classified as Group 1 shall
comply with the reference control technology requirements for Group 1
batch process vents in Sec. 63.1322, the monitoring requirements in
Sec. 63.1324, the performance test methods and procedures to determine
compliance in Sec. 63.1325, the recordkeeping requirements in
Sec. 63.1326, and the reporting requirements in Sec. 63.1327. Owners or
operators of all Group 2 batch process vents shall comply with the
applicable reference control technology requirements in Sec. 63.1322,
the applicable recordkeeping requirements in Sec. 63.1326, and the
applicable reporting requirements in Sec. 63.1327.
* * * * *
(c) Aggregate batch vent streams. Aggregate batch vent streams, as
defined in Sec. 63.1312, are subject to the control requirements
specified in Sec. 63.1322(b), as well as the monitoring, testing,
recordkeeping, and reporting requirements specified in Secs. 63.1324
through 63.1327 for aggregate batch vent streams.
* * * * *
41. Section 63.1322 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (a)(1)(i);
c. Revising paragraph (b) introductory text;
d. Revising paragraph (b)(1)(i);
e. Revising paragraph (b)(2);
f. Revising paragraphs (c)(1) and (c)(2);
g. Revising paragraph (e);
h. Revising paragraph (f);
i. Revising paragraph (g); and
j. Adding paragraph (h).
The revisions and additions read as follows:
Sec. 63.1322 Batch process vents--reference control technology.
(a) Batch process vents. The owner or operator of a Group 1 batch
process vent, as determined using the procedures in Sec. 63.1323, shall
comply with the requirements of either paragraph (a)(1) or (a)(2) of
this section, except as provided for in paragraph (a)(3) of this
section. Compliance may be based on either organic HAP or TOC.
(1) * * *
(i) The owner or operator shall comply with the requirements of
Sec. 63.1333(e) for the flare.
* * * * *
(b) Aggregate batch vent streams. The owner or operator of an
aggregate batch vent stream that contains one or more Group 1 batch
process vents shall comply with the requirements of either paragraph
(b)(1) or (b)(2) of this section, except as provided for in paragraph
(b)(3) of this section. Compliance may be based on either organic HAP
or TOC.
(1) * * *
(i) The owner or operator shall comply with the requirements of
Sec. 63.1333(e) for the flare.
* * * * *
(2) For each aggregate batch vent stream, reduce organic HAP
emissions by 90 weight percent or to a concentration of 20 parts per
million by volume, whichever is less stringent, on a continuous basis
using a control device. For purposes of complying with the 20 parts per
million by volume outlet concentration standard, the outlet
concentration shall be calculated on a dry basis. When a combustion
device is used for purposes of complying with the 20 parts per million
by volume outlet concentration standard, the concentration shall be
corrected to 3 percent oxygen if supplemental combustion air is used to
combust the emissions. If supplemental combustion air is not used, a
correction to 3 percent oxygen is not required.
* * * * *
(c) * * *
(1) If a combustion device is used to comply with paragraph (a)(2),
(a)(3), (b)(2), or (b)(3) of this section for a halogenated batch
process vent, halogenated aggregate batch vent stream, or halogenated
continuous process vent, said emissions exiting the combustion device
shall be ducted to a halogen reduction device that reduces overall
emissions of hydrogen halides and halogens by at least 99 percent
before discharge to the atmosphere.
(2) A halogen reduction device may be used to reduce the halogen
atom mass emission rate of said emissions to less than 3,750 kg/yr for
batch process vents or aggregate batch vent streams and to less than
0.45 kilograms per hour for continuous process vents prior to venting
to any combustion control device, and thus make the batch process vent,
aggregate batch vent stream, or continuous process vent nonhalogenated.
The nonhalogenated batch process vent, aggregate batch vent stream, or
continuous process vent shall then comply with the requirements of
either paragraph (a) or (b) of this section, as appropriate.
* * * * *
(e) Combination of batch process vents or aggregate batch vent
streams with continuous process vents. If a batch process vent or
aggregate batch vent stream is combined with a continuous process vent,
the owner or operator shall determine whether the combined
[[Page 38113]]
vent stream is subject to the provisions of Secs. 63.1321 through
63.1327 according to paragraphs (e)(1) and (e)(2) of this section.
(1) A batch process vent or aggregate batch vent stream combined
with a continuous process vent is not subject to the provisions of
Secs. 63.1321 through 63.1327, if the requirements in paragraph
(e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii) are met.
(i) The only emissions to the atmosphere from the batch process
vent or aggregate batch vent stream prior to being combined with the
continuous process vent are from equipment subject to Sec. 63.1331.
(ii) The batch process vent or aggregate batch vent stream is
combined with a Group 1 continuous process vent prior to the combined
vent stream being routed to a control device. In this paragraph
(e)(1)(ii), the definition of control device as it relates to
continuous process vents shall be used. Furthermore, the combined vent
stream discussed in this paragraph (e)(1)(ii) shall be subject to
Sec. 63.1315(a)(13)(i).
(iii) The batch process vent or aggregate batch vent stream is
combined with a continuous process vent prior to being routed to a
recovery device. In this paragraph (e)(1)(iii), the definition of
recovery device as it relates to continuous process vents shall be
used. Furthermore, the combined vent stream discussed in this paragraph
(e)(1)(iii) shall be subject to Sec. 63.1315(a)(13)(ii).
(2) If the batch process vent or aggregate batch vent stream is
combined with a Group 2 continuous process vent, the group status of
the batch process vent shall be determined prior to its combination
with the Group 2 continuous process vent, in accordance with
Sec. 63.1323, and the combined vent stream shall be subject to the
requirements for aggregate batch vent streams in Secs. 63.1321 through
63.1327.
(f) Group 2 batch process vents with annual emissions greater than
or equal to the level specified in Sec. 63.1323(d). The owner or
operator of a Group 2 batch process vent with annual emissions greater
than or equal to the level specified in Sec. 63.1323(d) shall comply
with the provisions of paragraph (f)(1), (f)(2), or (h) of this
section.
(1) The owner or operator of an affected source shall comply with
the requirements in paragraphs (f)(1)(i) through (f)(1)(iv) of this
section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures the Group 2 batch process vent does not become
a Group 1 batch process vent.
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with
Sec. 63.1335(e)(5)(iv), the owner or operator shall not charge a mass
of HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii) The owner or operator shall comply with the recordkeeping
requirements in Sec. 63.1326(d)(2), and the reporting requirements in
Sec. 63.1327(a)(3), (b), and (c).
(iv) The owner or operator shall comply with Sec. 63.1323(i) when
process changes are made.
(2) Comply with the requirements of this subpart for Group 1 batch
process vents.
(g) Group 2 batch process vents with annual emissions less than the
level specified in Sec. 63.1323(d). The owner or operator of a Group 2
batch process vent with annual emissions less than the level specified
in Sec. 63.1323(d) shall comply with paragraphs (g)(1), (g)(2), (g)(3),
or (g)(4) of this section.
(1) The owner or operator of the affected source shall comply with
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this
section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures emissions do not exceed the level specified in
Sec. 63.1323(d).
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with
Sec. 63.1335(e)(5)(iv), the owner or operator shall not charge a mass
of HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii) The owner or operator shall comply with the recordkeeping
requirements in Sec. 63.1326(d)(1), and the reporting requirements in
Sec. 63.1327(a)(2), (b), and (c).
(iv) The owner or operator of the affected source shall comply with
Sec. 63.1323(i) when process changes are made.
(2) Comply with the requirements of paragraph (f)(1) of this
section;
(3) Comply with the requirements of paragraph (f)(2) of this
section; or
(4) Comply with the requirements of paragraph (h) of this section.
(h) Owners or operators of Group 2 batch process vents are not
required to establish a batch mass input limitation if the batch
process vent is Group 2 at the conditions specified in paragraphs
(h)(1) and (h)(2) of this section and if the owner or operator complies
with the recordkeeping provisions in Secs. 63.1326(a)(1) through (3),
63.1326(a)(9), and 63.1326(a)(4) through (6) as applicable, and the
reporting requirements in Sec. 63.1327(a)(5), (a)(6), and (b).
(1) Emissions for the single highest-HAP recipe (considering all
products that are produced in the batch unit operation) are used in the
group determination; and
(2) The group determination assumes that the batch unit operation
is operating at the maximum design capacity of the TPPU for 12 months.
42. Section 63.1323 is amended by:
a. Revising paragraph (a)(1);
b. Revising paragraph (b) introductory text;
c. Revising paragraphs (b)(1) and (b)(2);
d. Revising paragraphs (b)(4)(i)(A) through (b)(4)(i)(C);
e. Revising paragraph (b)(4)(ii)(B)(1);
f. Revising paragraph (b)(5) introductory text;
g. Revising paragraph (b)(5)(ii);
h. Revising paragraph (b)(5)(iii) introductory text;
i. Revising paragraph (b)(5)(iv);
j. Revising paragraph (b)(5)(v) introductory text;
k. Revising paragraph (b)(5)(v)(A);
l. Revising paragraph (b)(6);
m. Revising paragraph (d);
n. Revising paragraph (e) introductory text;
o. Revising paragraph (e)(1) introductory text;
p. Revising paragraph (e)(1)(i);
q. Revising paragraph (e)(1)(iii);
r. Revising paragraphs (e)(2) and (e)(3);
s. Revising paragraph (g);
t. Revising paragraph (h)(1)(iii);
u. Revising paragraph (h)(2);
v. Revising paragraph (i);
w. Revising paragraph (j) introductory text;
x. Revising paragraph (j)(3); and
y. Adding paragraph (b)(9).
The revisions and additions read as follows:
Sec. 63.1323 Batch process vents--methods and procedures for group
determination.
(a) * * *
(1) The procedures specified in paragraphs (b) through (g) of this
section shall be followed to determine the group status of each batch
process vent. This determination shall be made in accordance with
either paragraph (a)(1)(i) or (a)(1)(ii) of this section.
(i) An owner or operator may choose to determine the group status
of a batch process vent based on the expected mix of products. For each
product, emission characteristics of the single highest-HAP recipe, as
defined in paragraph (a)(1)(iii) of this section, for that product
shall be
[[Page 38114]]
used in the procedures in paragraphs (b) through (i) of this section.
(ii) An owner or operator may choose to determine the group status
of a batch process vent based on annualized production of the single
highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this
section, considering all products produced or processed in the batch
unit operation. The annualized production of the highest-HAP recipe
shall be based exclusively on the production of the single highest-HAP
recipe of all products produced or processed in the batch unit
operation for a 12 month period. The production level used may be the
actual production rate. It is not necessary to assume a maximum
production rate (i.e., 8,760 hours per year at maximum design
production).
(iii) The single highest-HAP recipe for a product means the recipe
of the product with the highest total mass of HAP charged to the
reactor during the production of a single batch of product.
* * * * *
(b) Determination of annual emissions. The owner or operator shall
calculate annual uncontrolled TOC or organic HAP emissions for each
batch process vent using the methods described in paragraphs (b)(1)
through (b)(8) of this section. To estimate emissions from a batch
emissions episode, owners or operators may use either the emissions
estimation equations in paragraphs (b)(1) through (b)(4) of this
section, or direct measurement as specified in paragraph (b)(5) of this
section. Engineering assessment may be used to estimate emissions from
a batch emission episode only under the conditions described in
paragraph (b)(6) of this section. In using the emissions estimation
equations in paragraphs (b)(1) through (b)(4) of this section,
individual component vapor pressure and molecular weight may be
obtained from standard references. Methods to determine individual HAP
partial pressures in multicomponent systems are described in paragraph
(b)(9) of this section. Other variables in the emissions estimation
equations may be obtained through direct measurement, as defined in
paragraph (b)(5) of this section, through engineering assessment, as
defined in paragraph (b)(6)(ii) of this section, by process knowledge,
or by any other appropriate means. Assumptions used in determining
these variables must be documented. Once emissions for the batch
emission episode have been determined using either the emissions
estimation equations, direct measurement, or engineering assessment,
emissions from a batch cycle shall be calculated in accordance with
paragraph (b)(7) of this section, and annual emissions from the batch
process vent shall be calculated in accordance with paragraph (b)(8) of
this section.
(1) TOC or organic HAP emissions from the purging of an empty
vessel shall be calculated using Equation 2 of this subpart. Equation 2
of this subpart does not take into account evaporation of any residual
liquid in the vessel.
[GRAPHIC] [TIFF OMITTED] TR19JN00.024
Where:
Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
P = TOC or total organic HAP partial pressure, kPa.
MWwavg = Weighted average molecular weight of TOC or
organic HAP in vapor, determined in accordance with paragraph
(b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
T = Temperature of vessel vapor space, K.
m = Number of volumes of purge gas used.
(2) TOC or organic HAP emissions from the purging of a filled
vessel shall be calculated using Equation 3 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.025
Where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor
phase.
Vdr = Volumetric gas displacement rate, m\3\/min.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of TOC or
organic HAP in vapor, determined in accordance with paragraph
(b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
T = Temperature of vessel vapor space, K.
Pi = Vapor pressure of TOC or individual organic HAP i,
kPa.
xi = Mole fraction of TOC or organic HAP i in the
liquid.
n = Number of organic HAP in stream. Note: Summation not applicable
if TOC emissions are being estimated.
Tm = Minutes/episode.
* * * * *
(4) * * *
(i) * * *
(A) Emissions caused by heating of a vessel shall be calculated
using Equation 5 of this subpart. The assumptions made for this
calculation are atmospheric pressure of 760 millimeters of mercury (mm
Hg) and the displaced gas is always saturated with volatile organic
compounds (VOC) vapor in equilibrium with the liquid mixture.
[[Page 38115]]
[GRAPHIC] [TIFF OMITTED] TR19JN00.026
Where:
Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial
pressure (kPa) of TOC or each organic HAP i in the vessel headspace at
initial (T1) and final (T2) temperature.
n = Number of organic HAP in stream. Note: Summation not applicable
if TOC emissions are being estimated.
= Number of kilogram-moles (kg-moles) of gas
displaced, determined in accordance with paragraph (b)(4)(i)(B) of this
section.
101.325 = Constant, kPa.
(MWWAVG,T1), (MWWAVG,T2) = Weighted average
molecular weight of TOC or total organic HAP in the displaced gas
stream, determined in accordance with paragraph (b)(4)(i)(D) of this
section, kg/kmol.
(B) The moles of gas displaced, , is calculated
using Equation 6 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.027
Where:
= Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
Pa1 = Initial noncondensible gas partial pressure in the
vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.
(C) The initial and final pressure of the noncondensible gas in the
vessel shall be calculated using Equation 7 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.028
Where:
Pa = Initial or final partial pressure of noncondensible gas in the
vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of TOC or each organic HAP i in the
vessel headspace, kPa, at the initial or final temperature (T1 or T2).
n = Number of organic HAP in stream. Note: Summation not applicable
if TOC emissions are being estimated.
* * * * *
(ii) * * *
(B) * * *
(1) If the final temperature of the heatup is at or lower than 5 K
below the boiling point, the final temperature for the last increment
shall be the final temperature for the heatup, even if the last
increment is less than 5 K.
* * * * *
(5) The owner or operator may estimate annual emissions for a batch
emission episode by direct measurement. If direct measurement is used,
the owner or operator shall either perform a test for the duration of a
representative batch emission episode or perform a test during only
those periods of the batch emission episode for which the emission rate
for the entire episode can be determined or for which the emissions are
greater than the average emission rate of the batch emission episode.
The owner or operator choosing either of these options shall develop an
emission profile for the entire batch emission episode, based on either
process knowledge or test data collected, to demonstrate that test
periods are representative. Examples of information that could
constitute process knowledge include calculations based on material
balances and process stoichiometry. Previous test results may be used
provided the results are still relevant to the current batch process
vent conditions. Performance tests shall follow the procedures
specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section.
The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this
section shall be used to calculate the emissions per batch emission
episode.
* * * * *
(ii) Annual average batch vent flow rate shall be determined as
specified in paragraph (e) of this section.
(iii) Method 18 or Method 25A, 40 CFR part 60, appendix A, shall be
used to determine the concentration of TOC or organic HAP, as
appropriate. Alternatively, any other method or data that has been
validated according to the applicable procedures in Method 301 of
appendix A of this part may be used. The use of Method 25A, 40 CFR part
60, appendix A shall conform with the requirements in paragraphs
(b)(5)(iii)(A) and (b)(5)(iii)(B) of this section.
* * * * *
(iv) If an integrated sample is taken over the entire batch
emission episode to determine the average batch vent concentration of
TOC or total organic HAP, emissions shall be calculated using Equation
9 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.029
Where:
Eepisode = Emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Average batch vent concentration of TOC or sample
organic HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP
component j of the gas stream, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
[[Page 38116]]
Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation not applicable
if TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
(v) If grab samples are taken to determine the average batch vent
concentration of TOC or total organic HAP, emissions shall be
calculated according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of
this section.
(A) For each measurement point, the emission rate shall be
calculated using Equation 10 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.030
Where:
Epoint = Emission rate for individual measurement point,
kg/hr.
K = Constant, 2.494 x 10--6 (ppmv)-1 (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Concentration of TOC or sample organic HAP
component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP
component j of the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis,
scmm.
n = Number of organic HAP in stream. Note: Summation not applicable
if TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
* * * * *
(6) Engineering assessment may be used to estimate emissions from a
batch emission episode, if the criteria in paragraph (b)(6)(i) are met.
Data or other information used to demonstrate that the criteria in
paragraph (b)(6)(i) of this section have been met shall be reported as
specified in paragraph (b)(6)(iii) of this section. Paragraph
(b)(6)(ii) of this section defines engineering assessment, for the
purposes of estimating emissions from a batch emissions episode. All
data, assumptions, and procedures used in an engineering assessment
shall be documented.
(i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or
(C) are met for a specific batch emission episode, the owner or
operator may use engineering assessment, as described in paragraph
(b)(6)(ii) of this section, to estimate emissions from that batch
emission episode, and the owner or operator is not required to use the
emissions estimation equations described in paragraphs (b)(1) through
(b)(4) of this section to estimate emissions from that batch emission
episode.
(A) Previous test data, where the measurement of organic HAP or TOC
emissions was an outcome of the test, show a greater than 20 percent
discrepancy between the test value and the value estimated using the
applicable equations in paragraphs (b)(1) through (b)(4) of this
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe
test data that will be acceptable under this paragraph (b)(6)(i)(A).
(1) Test data for the batch emission episode obtained during
production of the product for which the demonstration is being made.
(2) Test data obtained for a batch emission episode from another
process train, where the test data were obtained during production of
the product for which the demonstration is being made. Test data from
another process train may be used only if the owner or operator can
demonstrate that the data are representative of the batch emission
episode for which the demonstration is being made, taking into account
the nature, size, operating conditions, production rate, and sequence
of process steps (e.g., reaction, distillation, etc.) of the equipment
in the other process train.
(B) Previous test data obtained during the production of the
product for which the demonstration is being made, for the batch
emission episode with the highest organic HAP emissions on a mass
basis, show a greater than 20 percent discrepancy between the test
value and the value estimated using the applicable equations in
paragraphs (b)(1) through (b)(4) of this section. If the criteria in
this paragraph (b)(6)(i)(B) are met, then engineering assessment may be
used for all batch emission episodes associated with that batch cycle
for the batch unit operation.
(C) The owner or operator has requested and been granted approval
to use engineering assessment to estimate emissions from a batch
emissions episode. The request to use engineering assessment to
estimate emissions from a batch emissions episode shall contain
sufficient information and data to demonstrate to the Administrator
that engineering assessment is an accurate means of estimating
emissions for that particular batch emissions episode. The request to
use engineering assessment to estimate emissions for a batch emissions
episode shall be submitted in the Precompliance Report required under
Sec. 63.506(e)(3).
(ii) Engineering assessment includes, but is not limited to, the
following:
(A) Previous test results, provided the tests are representative of
current operating practices;
(B) Bench-scale or pilot-scale test data obtained under conditions
representative of current process operating conditions;
(C) Flow rate, TOC emission rate, or organic HAP emission rate
specified or implied within a permit limit applicable to the batch
process vent; and
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances;
(2) Estimation of flow rate based on physical equipment design such
as pump or blower capacities;
(3) Estimation of TOC or organic HAP concentrations based on
saturation conditions; and
(4) Estimation of TOC or organic HAP concentrations based on grab
samples of the liquid or vapor.
(iii) Data or other information used to demonstrate that the
criteria in paragraph (b)(6)(i) of this section have been met shall be
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B)
of this section.
(A) Data or other information used to demonstrate that the criteria
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met
shall be reported in the Notification of Compliance Status, as required
in Sec. 63.1327(a)(6).
(B) The request for approval to use engineering assessment to
estimate emissions from a batch emissions episode as allowed under
paragraph (b)(6)(i)(C) of this section, and sufficient data or other
information for demonstrating to the Administrator that engineering
assessment is an accurate means of estimating emissions for that
particular batch emissions episode shall be submitted with the
Precompliance Report, as required in Sec. 63.1335(e)(3).
* * * * *
(9) Individual HAP partial pressures in multicomponent systems
shall be determined using the appropriate method specified in
paragraphs (b)(9)(i) through (b)(9)(iii) of this section.
(i) If the components are miscible, use Raoult's law to calculate
the partial pressures;
(ii) If the solution is a dilute aqueous mixture, use Henry's law
constants to calculate partial pressures;
(iii) If Raoult's law or Henry's law are not appropriate or
available, the owner or operator may use any of the options in
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.
[[Page 38117]]
(A) Experimentally obtained activity coefficients, Henry's law
constants, or solubility data;
(B) Models, such as group-contribution models, to predict activity
coefficients; or
(C) Assume the components of the system behave independently and
use the summation of all vapor pressures from the HAPs as the total HAP
partial pressure.
* * * * *
(d) Minimum emission level exemption. A batch process vent with
annual emissions of TOC or organic HAP less than 11,800 kg/yr is
considered a Group 2 batch process vent and the owner or operator of
said batch process vent shall comply with the requirements in
Sec. 63.1322(f) or (g). Annual emissions of TOC or organic HAP are
determined at the exit of the batch unit operation, as described in
paragraph (a)(2) of this section, and are determined as specified in
paragraph (b) of this section. The owner or operator of said batch
process vent is not required to comply with the provisions in
paragraphs (e) through (g) of this section.
(e) Determination of average batch vent flow rate and annual
average batch vent flow rate. The owner or operator shall determine the
average batch vent flow rate for each batch emission episode in
accordance with one of the procedures provided in paragraphs (e)(1)
through (e)(2) of this section. The annual average batch vent flow rate
for a batch process vent shall be calculated as specified in paragraph
(e)(3) of this section.
(1) Determination of the average batch vent flow rate for a batch
emission episode by direct measurement shall be made using the
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of
this section.
(i) The volumetric flow rate (FRi) for a batch emission
episode, in standard cubic meters per minute (scmm) at 20 deg.C, shall
be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix
A, as appropriate.
* * * * *
(iii) The average batch vent flow rate for a batch emission episode
shall be calculated using Equation 14 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.031
Where:
AFRepisode = Average batch vent flow rate for the batch
emission episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch
emission episode.
(2) The average batch vent flow rate for a batch emission episode
may be determined by engineering assessment, as defined in paragraph
(b)(6)(i) of this section. All data, assumptions, and procedures used
shall be documented.
(3) The annual average batch vent flow rate for a batch process
vent shall be calculated using Equation 15 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.032
Where:
AFR = Annual average batch vent flow rate for the batch process
vent, scmm.
DURi = Duration of type i batch emission episodes
annually, hrs/yr.
AFRepisode,i = Average batch vent flow rate for type i
batch emission episode, scmm.
n = Number of types of batch emission episodes venting from the
batch process vent.
* * * * *
(g) Group 1/Group 2 status determination. The owner or operator
shall compare the cutoff flow rate, calculated in accordance with
paragraph (f) of this section, with the annual average batch vent flow
rate, determined in accordance with paragraph (e)(3) of this section.
The group determination status for each batch process vent shall be
made using the criteria specified in paragraphs (g)(1) and (g)(2) of
this section.
(1) If the cutoff flow rate is greater than or equal to the annual
average batch vent flow rate of the stream, the batch process vent is
classified as a Group 1 batch process vent.
(2) If the cutoff flow rate is less than the annual average batch
vent flow rate of the stream, the batch process vent is classified as a
Group 2 batch process vent.
(h) * * *
(1) * * *
(iii) Average concentration of organic compounds containing
halogens and hydrogen halides as measured by Method 26 or 26A, 40 CFR
part 60, appendix A.
* * * * *
(2) The annual mass emissions of halogen atoms for a batch process
vent shall be calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.033
Where:
Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)-1 (kg-mole per scm) (minute/
yr), where standard temperature is 20 deg.C.
AFR = Annual average batch vent flow rate of the batch process
vent, determined according to paragraph (e) of this section, scmm.
Mj,i = Molecular weight of halogen atom i in compound j,
kg/kg-mole.
Lj,i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch process vent.
m = Number of different halogens i in each compound j of the batch
process vent.
[[Page 38118]]
Cavgj = Annual average batch vent concentration of
halogenated compound j in the batch process vent as determined by using
Equation 18 of this subpart, dry basis, ppmv.
[GRAPHIC] [TIFF OMITTED] TR19JN00.034
Where:
DURi = Duration of type i batch emission episodes
annually, hrs/yr.
Ci = Average batch vent concentration of halogenated
compound j in type i batch emission episode, ppmv.
n = Number of types of batch emission episodes venting from the
batch process vent.
* * * * *
(i) Process changes affecting Group 2 batch process vents. Whenever
process changes, as described in paragraph (i)(1) of this section, are
made that affect one or more Group 2 batch process vents and that could
reasonably be expected to change one or more Group 2 batch process
vents to Group 1 batch process vents or that could reasonably be
expected to reduce the batch mass input limitation for one or more
Group 2 batch process vents, the owner or operator shall comply with
paragraphs (i)(2) and (3) of this section.
(1) Examples of process changes include the changes listed in
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
(i) For all batch process vents, examples of process changes
include, but are not limited to, changes in feedstock type or catalyst
type; or whenever there is replacement, removal, or modification of
recovery equipment considered part of the batch unit operation as
specified in paragraph (a)(2) of this section; or increases in
production capacity or production rate. For purposes of this paragraph
(i), process changes do not include: Process upsets; unintentional,
temporary process changes; and changes that are within the margin of
variation on which the original group determination was based.
(ii) For Group 2 batch process vents where the group determination
and batch mass input limitation are based on the expected mix of
products, the situations described in paragraphs (i)(1)(ii)(A) and (B)
of this section shall be considered to be process changes.
(A) The production of combinations of products not considered in
establishing the batch mass input limitation.
(B) The production of a recipe of a product with a total mass of
HAP charged to the reactor during the production of a single batch of
product that is higher than the total mass of HAP for the recipe used
as the single highest-HAP recipe for that product in the batch mass
input limitation determination.
(iii) For Group 2 batch process vents where the group determination
and batch mass input limitation are based on the single highest-HAP
recipe (considering all products produced or processed in the batch
unit operation), the production of a recipe having a total mass of HAP
charged to the reactor (during the production of a single batch of
product) that is higher than the total mass of HAP for the highest-HAP
recipe used in the batch mass input limitation determination shall be
considered to be a process change.
(2) For each batch process vent affected by a process change, the
owner or operator shall redetermine the group status by repeating the
procedures specified in paragraphs (b) through (g) of this section, as
applicable; alternatively, engineering assessment, as described in
paragraph (b)(6)(i) of this section, may be used to determine the
effects of the process change.
(3) Based on the results from paragraph (i)(2) of this section,
owners or operators of affected sources shall comply with either
paragraph (i)(3)(i), (ii), or (iii) of this section.
(i) If the group redetermination described in paragraph (i)(2) of
this section indicates that a Group 2 batch process vent has become a
Group 1 batch process vent as a result of the process change, the owner
or operator shall submit a report as specified in Sec. 63.1327(b) and
shall comply with the Group 1 provisions in Secs. 63.1322 through
63.1327 in accordance with Sec. 63.1310(i)(2)(ii) or (i)(2)(iii), as
applicable.
(ii) If the redetermination described in paragraph (i)(2) of this
section indicates that a Group 2 batch process vent with annual
emissions less than the level specified in paragraph (d) of this
section, that is in compliance with Sec. 63.1322(g), now has annual
emissions greater than or equal to the level specified in paragraph (d)
of this section but remains a Group 2 batch process vent, the owner or
operator shall comply with the provisions in paragraphs (i)(3)(ii)(A)
through (C) of this section.
(A) Redetermine the batch mass input limitation;
(B) Submit a report as specified in Sec. 63.1327(c); and
(C) Comply with Sec. 63.1322(f), beginning with the year following
the submittal of the report submitted according to paragraph
(i)(3)(ii)(B) of this section.
(iii) If the group redetermination described in paragraph (i)(2) of
this section indicates no change in group status or no change in the
relation of annual emissions to the levels specified in paragraph (d)
of this section, the owner or operator shall comply with paragraphs
(i)(3)(iii)(A) and (i)(3)(iii)(B) of this section.
(A) The owner or operator shall redetermine the batch mass input
limitation; and
(B) The owner or operator shall submit the new batch mass input
limitation in accordance with Sec. 63.1327(c).
(j) Process changes to new SAN affected sources using a batch
process. Whenever process changes, as described in paragraph (j)(1) of
this section, are made to a new affected source producing SAN using a
batch process that could reasonably be expected to adversely impact the
compliance status (i.e., achievement of 84 percent emission reduction)
of the affected source, the owner or operator shall comply with
paragraphs (j)(2) and (3) of this section.
* * * * *
(3) Where the redetermined percent reduction is less than 84
percent, the owner or operator of the affected source shall submit a
report as specified in Sec. 63.1327(d) and shall comply with
Sec. 63.1322(a)(3) and all associated provisions in accordance with
Sec. 63.1310(i).
43. Section 63.1324 is amended by:
a. Revising the section title;
b. Revising paragraph (a) introductory text;
c. Revising paragraph (a)(2);
d. Revising paragraph (c) introductory text;
e. Revising paragraph (c)(4)(ii);
f. Revising paragraph (c)(7);
g. Revising paragraph (d) introductory text;
h. Revising paragraph (e) introductory text;
i. Revising paragraph (e)(2);
j. Revising paragraph (f)(1) introductory text;
k. Revising paragraph (f)(1)(ii);
l. Revising paragraph (f)(3); and
m. Removing paragraph (e)(3).
The revisions read as follows:
Sec. 63.1324 Batch process vents--monitoring equipment.
(a) General requirements. Each owner or operator of a batch process
vent or aggregate batch vent stream that uses a control device to
comply with the requirements in Sec. 63.1322(a) or
[[Page 38119]]
Sec. 63.1322(b), shall install the monitoring equipment specified in
paragraph (c) of this section. All monitoring equipment shall be
installed, calibrated, maintained, and operated according to
manufacturer's specifications or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately.
* * * * *
(2) Except as otherwise provided in this subpart, the owner or
operator shall operate control devices such that the daily average of
monitored parameters, established as specified in paragraph (f) of this
section, remains above the minimum level or below the maximum level, as
appropriate.
* * * * *
(c) Batch process vent and aggregate batch vent stream monitoring
equipment. The monitoring equipment specified in paragraphs (c)(1)
through (c)(8) of this section shall be installed as specified in
paragraph (a) of this section. The parameters to be monitored are
specified in Table 7 of this subpart.
* * * * *
(4) * * *
(ii) A flow measurement device equipped with a continuous recorder
shall be located at the scrubber influent for liquid flow. Gas stream
flow shall be determined using one of the procedures specified in
paragraphs (c)(4)(ii)(A) through (c)(4)(ii)(C) of this section.
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the
owner or operator may determine gas stream flow by the method that had
been utilized to comply with those regulations. A determination that
was conducted prior to the compliance date for this subpart may be
utilized to comply with this subpart if it is still representative.
(C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method which will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method which will at least
provide a value for either a representative or the highest gas stream
flow anticipated in the scrubber during representative operating
conditions other than start-ups, shutdowns, or malfunctions. The plan
shall include a description of the methodology to be followed and an
explanation of how the selected methodology will reliably determine the
gas stream flow, and a description of the records that will be
maintained to document the determination of gas stream flow. The owner
or operator shall maintain the plan as specified in Sec. 63.1335(a).
* * * * *
(7) Where a carbon adsorber is used, an integrating regeneration
steam flow or nitrogen flow, or pressure monitoring device having an
accuracy of 10 percent of the flow rate, level, or
pressure, or better, capable of recording the total regeneration steam
flow or nitrogen flow, or pressure (gauge or absolute) for each
regeneration cycle; and a carbon bed temperature monitoring device,
capable of recording the carbon bed temperature after each regeneration
and within 15 minutes of completing any cooling cycle are required.
* * * * *
(d) Alternative monitoring parameters. An owner or operator of a
batch process vent or aggregate batch vent stream may request approval
to monitor parameters other than those required by paragraph (c) of
this section. The request shall be submitted according to the
procedures specified in Sec. 63.1327(f) and Sec. 63.1335(f). Approval
shall be requested if the owner or operator:
* * * * *
(e) Monitoring of bypass lines. Owners or operators of a batch
process vent or aggregate batch vent stream using a vent system that
contains bypass lines that could divert emissions away from a control
device used to comply with Sec. 63.1322(a) or Sec. 63.1322(b) shall
comply with either paragraph (e)(1) or (e)(2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, and pressure relief valves needed for
safety purposes are not subject to this paragraph (e).
* * * * *
(2) Secure the bypass line damper or valve in the non-diverting
position with a car-seal or a lock-and-key type configuration. A visual
inspection of the seal or closure mechanism shall be performed at least
once every month to ensure that the damper or valve is maintained in
the non-diverting position and emissions are not diverted through the
bypass line. Records shall be generated as specified in
Sec. 63.1326(e)(4).
(f)* * *
(1) For each parameter monitored under paragraph (c) or (d) of this
section, the owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter as denoted in Table 8
of this subpart, that indicates proper operation of the control device.
The level shall be established in accordance with the procedures
specified in Sec. 63.1334. The level may be based upon a prior
performance test conducted for determining compliance with a regulation
promulgated by EPA, and the owner or operator is not required to
conduct a performance test under Sec. 63.1325, provided that the prior
performance test meets the conditions of Sec. 63.1325(b)(3).
* * * * *
(ii) For aggregate batch vent streams using a control device to
comply with Sec. 63.1322(b)(2), the established level shall reflect the
applicable emission reduction requirement specified in
Sec. 63.1322(b)(2).
* * * * *
(3) The operating day shall be defined as part of establishing the
parameter monitoring level and shall be submitted with the information
in paragraph (f)(2) of this section. The definition of operating day
shall specify the time(s) at which an operating day begins and ends.
The operating day shall not exceed 24 hours.
* * * * *
44. Section 63.1325 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b) introductory text;
c. Revising paragraph (b)(3);
d. Revising paragraph (b)(5);
e. Revising paragraph (c) introductory text;
f. Revising paragraph (c)(1)(i)(A);
g. Revising paragraph (c)(1)(i)(B) introductory text;
h. Revising paragraph (c)(1)(i)(C);
i. Revising paragraph (c)(1)(i)(D) introductory text;
j. Revising paragraph (c)(1)(ii);
k. Revising paragraph (c)(1)(iii) introductory text;
l. Revising paragraph (c)(1)(iii)(A);
m. Revising paragraph (c)(1)(v);
n. Revising paragraph (c)(2) introductory text;
o. Revising paragraph (d)(1);
p. Revising paragraph (d)(2)(ii);
q. Revising paragraphs (d)(3) and (d)(4);
r. Revising paragraph (e);
s. Revising paragraph (g); and
t. Removing paragraph (b)(6).
The revisions read as follows:
Sec. 63.1325 Batch process vents--performance test methods and
procedures to determine compliance.
(a) Use of a flare. When a flare is used to comply with
Sec. 63.1322(a)(1),
[[Page 38120]]
Sec. 63.1322(a)(3), Sec. 63.1322(b)(1), or Sec. 63.1322(b)(3), the
owner or operator of an affected source shall comply with
Sec. 63.1333(e).
(b) Exceptions to performance tests. An owner or operator is not
required to conduct a performance test when a control device specified
in paragraphs (b)(1) through (b)(5) of this section is used to comply
with Sec. 63.1322(a)(2) or (a)(3).
* * * * *
(3) A control device for which a performance test was conducted for
determining compliance with a regulation promulgated by the EPA and the
test was conducted using the same Methods specified in this section and
either no deliberate process changes have been made since the test, or
the owner or operator can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes. Recovery devices used for
controlling emissions from continuous process vents complying with
Sec. 63.1322(a)(3) are also eligible for the exemption described in
this paragraph (b)(3).
* * * * *
(5) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(c) Batch process vent testing and procedures for compliance with
Sec. 63.1322(a)(2). Except as provided in paragraph (a) or (b) of this
section, an owner or operator using a control device to comply with
Sec. 63.1322(a)(2) shall conduct a performance test using the
procedures specified in paragraph (c)(1) of this section in order to
determine the control efficiency of the control device. An owner or
operator shall determine the percent reduction for the batch cycle
using the control efficiency of the control device as specified in
paragraphs (c)(2)(i) through (c)(2)(iii) of this section and the
procedures specified in paragraph (c)(2) of this section. Compliance
may be based on either total organic HAP or TOC. For purposes of this
paragraph (c), the term ``batch emission episode'' shall have the
meaning ``period of the batch emission episode selected for control,''
which may be the entire batch emission episode or may only be a portion
of the batch emission episode.
(1)* * *
(i) * * *
(A) Alternatively, an owner or operator may choose to test only
those periods of the batch emission episode during which the emission
rate for the entire episode can be determined or during which the
emissions are greater than the average emission rate of the batch
emission episode. The owner or operator choosing either of these
options shall develop an emission profile for the entire batch emission
episode, based on either process knowledge or test data collected, to
demonstrate that test periods are representative. Examples of
information that could constitute process knowledge include
calculations based on material balances and process stoichiometry.
Previous test results may be used provided the results are still
relevant to the current batch process vent conditions.
(B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube, except that references to particulate matter in
Method 1A do not apply for the purposes of this subpart. No traverse is
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to
determine gas stream volumetric flow rate. Inlet sampling sites shall
be located as specified in paragraphs (c)(1)(i)(B)(1) and
(c)(1)(i)(B)(2) of this section. Outlet sampling sites shall be located
at the outlet of the control device prior to release to the atmosphere.
* * * * *
(C) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.1323(e).
(D) Method 18 or Method 25A, 40 CFR part 60, appendix A shall be
used to determine the concentration of organic HAP or TOC, as
appropriate. Alternatively, any other method or data that has been
validated according to the applicable procedures in Method 301 of
appendix A of this part may be used. The use of Method 25A, 40 CFR part
60, appendix A shall conform with the requirements in paragraphs
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
* * * * *
(ii) If an integrated sample is taken over the entire test period
to determine average batch vent concentration of TOC or total organic
HAP, emissions per batch emission episode shall be calculated using
Equations 19 and 20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.035
[GRAPHIC] [TIFF OMITTED] TR19JN00.036
Where:
Eepisode=Inlet or outlet emissions, kg/episode.
K=Constant, 2.494 x 10-\6\ (ppmv)-\1\ (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj=Average inlet or outlet concentration of TOC or
sample organic HAP component j of the gas stream for the batch emission
episode, dry basis, ppmv.
Mj=Molecular weight of TOC or sample organic HAP
component j of the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch
emission episode, dry basis, scmm.
Th=Hours/episode.
n=Number of organic HAP in stream. Note: Summation is not
applicable if TOC emissions are being estimated using a TOC
concentration measured using Method 25A, 40 CFR part 60, appendix A.
(iii) If grab samples are taken to determine average batch vent
concentration of TOC or total organic HAP, emissions shall be
calculated according to paragraphs (c)(1)(iii)(A) and (B) of this
section.
[[Page 38121]]
(A) For each measurement point, the emission rates shall be
calculated using Equations 21 and 22 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.037
[GRAPHIC] [TIFF OMITTED] TR19JN00.038
Where:
Epoint=Inlet or outlet emission rate for the measurement
point, kg/hr.
K=Constant, 2.494 x 10-\6\ (ppmv)-\1\ (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 \-o\C.
Cj=Inlet or outlet concentration of TOC or sample
organic HAP component j of the gas stream, dry basis, ppmv.
Mj=Molecular weight of TOC or sample organic HAP
component j of the gas stream, gm/gm-mole.
FR=Inlet or outlet flow rate of gas stream for the measurement
point, dry basis, scmm.
n=Number of organic HAP in stream. Note: Summation is not
applicable if TOC emissions are being estimated using a TOC
concentration measured using Method 25A, 40 CFR part 60, appendix A.
* * * * *
(v) If the batch process vent entering a boiler or process heater
with a design capacity less than 44 megawatts is introduced with the
combustion air or as a secondary fuel, the weight-percent reduction of
total organic HAP or TOC across the device shall be determined by
comparing the TOC or total organic HAP in all combusted batch process
vents and primary and secondary fuels with the TOC or total organic
HAP, respectively, exiting the combustion device.
(2) The percent reduction for the batch cycle shall be determined
using Equation 26 of this subpart and the control device efficiencies
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
All information used to calculate the batch cycle percent reduction,
including a definition of the batch cycle identifying all batch
emission episodes, shall be recorded as specified in
Sec. 63.1326(b)(2). This information shall include identification of
those batch emission episodes, or portions thereof, selected for
control.
[GRAPHIC] [TIFF OMITTED] TR19JN00.039
Where:
PR = Percent reduction
Eunc = Mass rate of TOC or total organic HAP for
uncontrolled batch emission episode i, kg/hr.
Einlet,con = Mass rate of TOC or total organic HAP for
controlled batch emission episode i at the inlet to the control device,
kg/hr.
R = Control efficiency of control device as specified in paragraphs
(c)(2)(i) through (c)(2)(iii) of this section.
n = Number of uncontrolled batch emission episodes, controlled
batch emission episodes, and control devices. The value of n is not
necessarily the same for these three items.
* * * * *
(d) * * *
(1) Sampling sites shall be located at the inlet and outlet of the
scrubber or other halogen reduction device used to reduce halogen
emissions in complying with Sec. 63.1322(c)(1) or at the outlet of the
halogen reduction device used to reduce halogen emissions in complying
with Sec. 63.1322(c)(2).
(2) * * *
(ii) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.1323(e).
(3) To determine compliance with the percent reduction specified in
Sec. 63.1322(c)(1), the mass emissions for any hydrogen halides and
halogens present at the inlet of the scrubber or other halogen
reduction device shall be summed together. The mass emissions of any
hydrogen halides or halogens present at the outlet of the scrubber or
other halogen reduction device shall be summed together. Percent
reduction shall be determined by subtracting the outlet mass emissions
from the inlet mass emissions and then dividing the result by the inlet
mass emissions and multiplying by 100.
(4) To determine compliance with the emission limit specified in
Sec. 63.1322(c)(2), the annual mass emissions for any hydrogen halides
and halogens present at the outlet of the halogen reduction device and
prior to any combustion device shall be summed together and compared to
the emission limit specified in Sec. 63.1322(c)(2).
* * * * *
(e) Aggregate batch vent stream testing for compliance with
Sec. 63.1322(b)(2) or (b)(3). Except as specified in paragraphs (e)(1)
through (e)(3) of this section, owners or operators of aggregate batch
vent streams complying with Sec. 63.1322(b)(2) or (b)(3) shall conduct
a performance test using the performance testing procedures for
continuous process vents in Sec. 63.116(c).
(1) For purposes of this subpart, when the provisions of
Sec. 63.116(c) specify that Method 18, 40 CFR part 60, appendix A,
shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may
be used. The use of Method 25A, 40
[[Page 38122]]
CFR part 60, appendix A, shall conform with the requirements in
paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A, is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(2) When Sec. 63.116(c)(4) refers to complying with an emission
reduction of 98 percent, for purposes of this subpart, the 90 percent
reduction requirement specified in Sec. 63.1322(b)(2) shall apply.
* * * * *
(g) Batch mass input limitation. The batch mass input limitation
required by Sec. 63.1322(g)(1) shall be determined by the owner or
operator such that annual emissions for the batch process vent remain
less than the level specified in Sec. 63.1323(d). The batch mass input
limitation required by Sec. 63.1322(f)(1) shall be determined by the
owner or operator such that annual emissions remain at a level that
ensures that said batch process vent remains a Group 2 batch process
vent, given the actual annual flow rate for said batch process vent
determined according to the procedures specified in Sec. 63.1323(e)(3).
The batch mass input limitation shall be determined using the same
basis, as described in Sec. 63.1323(a)(1), used to make the group
determination (i.e., expected mix of products or highest-HAP recipe.)
The establishment of the batch mass input limitation is not dependent
upon any past production or activity level.
(1) If the expected mix of products serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based on any foreseeable combination of products that the
owner or operator expects to manufacture.
(2) If the single highest-HAP recipe serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based solely on the production of the single highest-HAP
recipe, considering all products produced or processed in the batch
unit operation.
45. Section 63.1326 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraphs (a)(1) and (a)(2);
c. Revising paragraph (a)(3)(i);
d. Revising paragraph (a)(4);
e. Revising paragraphs (a)(7) through (a)(9);
f. Revising paragraph (b) introductory text;
g. Revising paragraph (b)(2);
h. Revising paragraphs (b)(3)(ii) and (b)(3)(iii);
i. Revising paragraph (b)(4)(iv);
j. Revising paragraphs (d)(1) and (d)(2);
k. Revising paragraph (e) introductory text;
l. Revising paragraphs (e)(1)(i) and (e)(1)(ii);
m. Revising paragraph (e)(2) introductory text;
n. Revising paragraph (e)(2)(ii);
o. Revising paragraph (e)(4);
p. Revising paragraph (f); and
q. Adding paragraph (g).
The revisions and additions read as follows:
Sec. 63.1326 Batch process vents--recordkeeping provisions.
(a) Group determination records for batch process vents. Except as
provided in paragraphs (a)(7) and (a)(8) of this section, each owner or
operator of an affected source shall maintain the records specified in
paragraphs (a)(1) through (a)(6) of this section for each batch process
vent subject to the group determination procedures of Sec. 63.1323.
Except for paragraph (a)(1) of this section, the records required by
this paragraph (a) are restricted to the information developed and used
to make the group determination under Secs. 63.1323(b) through
63.1323(g), as appropriate. If an owner or operator did not need to
develop certain information (e.g., annual average batch vent flow rate)
to determine the group status, this paragraph (a) does not require that
additional information be developed. Paragraph (a)(9) of this section
specifies the recordkeeping requirements for Group 2 batch process
vents that are exempt from the batch mass input limitation provisions,
as allowed under Sec. 63.1322(h).
(1) An identification of each unique product that has emissions
from one or more batch emission episodes venting from the batch process
vent, along with an identification of the single highest-HAP recipe for
each product and the mass of HAP fed to the reactor for that recipe.
(2) A description of, and an emission estimate for, each batch
emission episode, and the total emissions associated with one batch
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this
section, as appropriate.
(i) If the group determination is based on the expected mix of
products, records shall include the emission estimates for the single
highest-HAP recipe of each unique product identified in paragraph
(a)(1) of this section that was considered in making the group
determination under Sec. 63.1323.
(ii) If the group determination is based on the single highest-HAP
recipe (considering all products produced or processed in the batch
unit operation), records shall include the emission estimates for the
single highest-HAP recipe.
(3) * * *
(i) For Group 2 batch process vents, said emissions shall be
determined at the batch mass input limitation.
* * * * *
(4) The annual average batch vent flow rate for the batch process
vent, determined in accordance with Sec. 63.1323(e).
* * * * *
(7) If a batch process vent is subject to Sec. 63.1322(a) or (b),
none of the records in paragraphs (a)(1) through (a)(6) of this section
are required.
(8) If the total annual emissions from the batch process vent
during the group determination are less than the appropriate level
specified in Sec. 63.1323(d), only the records in paragraphs (a)(1)
through (a)(3) of this section are required.
(9) For each Group 2 batch process vent that is exempt from the
batch mass input limitation provisions because it meets the criteria of
Sec. 63.1322(h), the records specified in paragraphs (a)(9)(i) and (ii)
shall be maintained.
(i) Documentation of the maximum design capacity of the TPPU; and
(ii) The mass of HAP or material that can be charged annually to
the batch unit operation at the maximum design capacity.
(b) Compliance demonstration records. Each owner or operator of a
batch process vent or aggregate batch vent stream complying with
Sec. 63.1322(a) or (b), shall keep the following records, as
applicable, readily accessible:
* * * * *
(2) If the owner or operator of a batch process vent has chosen to
comply with Sec. 63.1322(a)(2), records documenting the batch cycle
percent reduction as specified in Sec. 63.1325(c)(2); and
(3) * * *
(ii) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during
the compliance determination required by Sec. 63.1333(e); and
(iii) Periods when all pilot flames were absent.
(4) * * *
[[Page 38123]]
(iv) For a scrubber or other halogen reduction device following a
combustion device to control halogenated batch process vents or
halogenated aggregate batch vent streams, the percent reduction of
total hydrogen halides and halogens as determined under
Sec. 63.1325(d)(3) or the emission limit determined under
Sec. 63.1325(d)(4).
* * * * *
(d) * * *
(1) The owner or operator of a Group 2 batch process vent that has
chosen to comply with Sec. 63.1322(g) shall keep the following records
readily accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.1322(g)(1) and specified in Sec. 63.1325(g).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(2) The owner or operator of a Group 2 batch process vent that has
chosen to comply with Sec. 63.1322(f) shall keep the following records
readily accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.1322(f)(1) and specified in Sec. 63.1325(g).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(e) Controlled batch process vent continuous compliance records.
Each owner or operator of a batch process vent that has chosen to use a
control device to comply with Sec. 63.1322(a) shall keep the following
records, as applicable, readily accessible:
(1) * * *
(i) For flares, the records specified in Table 7 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 7 of this
subpart shall be maintained in place of batch cycle daily averages.
(2) Records of the batch cycle daily average value of each
continuously monitored parameter, except as provided in paragraph
(e)(2)(iii) of this section, as calculated using the procedures
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
* * * * *
(ii) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle
daily averages. In addition, monitoring data recorded during periods of
non-operation of the TPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions, or periods of start-up, shutdown,
or malfunction shall not be included in computing the batch cycle daily
averages.
* * * * *
(4) Where a seal or closure mechanism is used to comply with
Sec. 63.1324(e)(2), hourly records of whether a diversion was detected
at any time are not required. The owner or operator shall record
whether the monthly visual inspection of the seals or closure
mechanisms has been done, and shall record the occurrence of all
periods when the seal mechanism is broken, the bypass line damper or
valve position has changed, or the key for a lock-and-key type
configuration has been checked out, and records of any car-seal that
has broken.
* * * * *
(f) Aggregate batch vent stream continuous compliance records. In
addition to the records specified in paragraphs (b) and (c) of this
section, each owner or operator of an aggregate batch vent stream using
a control device to comply with Sec. 63.1322(b)(1) or (b)(2) shall keep
the following records readily accessible:
(1) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.1324(c) and listed in Table 7
of this subpart, as applicable, or specified by the Administrator in
accordance with Sec. 63.1327(f), as allowed under Sec. 63.1324(d), with
the exceptions listed in (f)(1)(i) and (f)(1)(ii) of this section.
(i) For flares, the records specified in Table 7 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 7 of this
subpart shall be maintained in place of daily averages.
(2) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.1335(d).
(3) For demonstrating compliance with the monitoring of bypass
lines as specified in Sec. 63.1324(e), records as specified in
paragraphs (e)(3) or (e)(4) of this section, as appropriate.
(g) Documentation supporting the establishment of the batch mass
input limitation shall include the information specified in paragraphs
(g)(1) through (g)(5) of this section, as appropriate.
(1) Identification of whether the purpose of the batch mass input
limitation is to comply with Sec. 63.1322(f)(1) or (g)(1).
(2) Identification of whether the batch mass input limitation is
based on the single highest-HAP recipe (considering all products) or on
the expected mix of products for the batch process vent as allowed
under Sec. 63.1323(a)(1).
(3) Definition of the operating year, for the purposes of
determining compliance with the batch mass input limitation.
(4) If the batch mass input limitation is based on the expected mix
of products, the owner or operator shall provide documentation that
describes as many scenarios for differing mixes of products (i.e., how
many of each type of product) as the owner or operator desires the
flexibility to accomplish. Alternatively, the owner or operator shall
provide a description of the relationship among the mix of products
that will allow a determination of compliance with the batch mass input
limitation under any number of scenarios.
(5) The mass of HAP or material allowed to be charged to the batch
unit operation per year under the batch mass input limitation.
46. Section 63.1327 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (b);
c. Revising paragraph (c) introductory text;
d. Revising paragraph (c)(2);
e. Revising paragraph (d);
f. Revising paragraph (e);
g. Revising paragraph (g);
h. Removing paragraph (c)(3);
i. Adding paragraph (a)(5); and
j. Adding paragraph (a)(6).
The revisions and additions read as follows:
Sec. 63.1327 Batch process vents--reporting requirements.
(a) The owner or operator of a batch process vent or aggregate
batch vent stream at an affected source shall submit the information
specified in paragraphs (a)(1) through (a)(6) of this section, as
appropriate, as part of the Notification of Compliance Status specified
in Sec. 63.1335(e)(5).
* * * * *
(5) For each Group 2 batch process vent that is exempt from the
batch mass input limitation provisions because it meets the criteria of
Sec. 63.1322(h), the information specified in Sec. 63.1326(a)(1)
through (3), and the information specified in Sec. 63.1326(a)(4)
through (6) as applicable, calculated at the conditions specified in
Sec. 63.1322(h).
(6) When engineering assessment has been used to estimate emissions
from a batch emissions episode and the criteria specified in
Sec. 63.1323(b)(6)(i)(A) or (B) have been met, the owner or operator
shall submit the information
[[Page 38124]]
demonstrating that the criteria specified in Sec. 63.1323(b)(6)(i)(A)
or (B) have been met as part of the Notification of Compliance Status
required by Sec. 63.1335(e)(5).
(b) Whenever a process change, as defined in Sec. 63.1323(i)(1), is
made that causes a Group 2 batch process vent to become a Group 1 batch
process vent, the owner or operator shall notify the Administrator and
submit a description of the process change within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. The owner or operator of an affected source shall comply with
the Group 1 batch process vent provisions in Secs. 63.1321 through
63.1327 in accordance with Sec. 63.480(i)(2)(ii).
(c) Whenever a process change, as defined in Sec. 63.1323(i)(1), is
made that causes a Group 2 batch process vent with annual emissions
less than the level specified in Sec. 63.1323(d) for which the owner or
operator has chosen to comply with Sec. 63.1322(g) to have annual
emissions greater than or equal to the level specified in
Sec. 63.1323(d) but remains a Group 2 batch process vent, or if a
process change is made that requires the owner or operator to
redetermine the batch mass input limitation as specified in
Sec. 63.1323(i)(3), the owner or operator shall submit a report within
180 days after the process change is made or with the next Periodic
Report, whichever is later. The following information shall be
submitted:
* * * * *
(2) The batch mass input limitation determined in accordance with
Sec. 63.1322(f)(1).
(d) Whenever a process change, as defined in Sec. 63.1323(j)(1), is
made that could potentially cause the percent reduction for all process
vents at a new SAN affected source using a batch process to be less
than 84 percent, the owner or operator shall notify the Administrator
and submit a description of the process change within 180 days after
the process change is made or with the next Periodic Report, whichever
is later. The owner or operator shall comply with Sec. 63.1322(a)(3)
and all associated provisions in accordance with Sec. 63.1310(i).
(e) The owner or operator is not required to submit a report of a
process change if one of the conditions specified in paragraphs (e)(1)
or (e)(2) of this section is met.
(1) The change does not meet the description of a process change in
Sec. 63.1323(i) or (j).
(2) The redetermined group status remains Group 2 for an individual
batch process vent with annual emissions greater than or equal to the
level specified in Sec. 63.1323(d) and the batch mass input limitation
does not decrease, a Group 2 batch process vent with annual emissions
less than the level specified in Sec. 63.1323(d) complying with
Sec. 63.1322(g) continues to have emissions less than the level
specified in Sec. 63.1323(d) and the batch mass input limitation does
not decrease, or the achieved emission reduction remains at 84 percent
or greater for new SAN affected sources using a batch process.
* * * * *
(g) Owners or operators of affected sources complying with
Sec. 63.1324(e), shall comply with paragraph (g)(1) or (g)(2) of this
section, as appropriate.
(1) Submit reports of the times of all periods recorded under
Sec. 63.1326(e)(3) when the batch process vent is diverted from the
control device through a bypass line, with the next Periodic Report.
(2) Submit reports of all occurrences recorded under
Sec. 63.1326(e)(4) in which the seal mechanism is broken, the bypass
line damper or valve position has changed, or the key to unlock the
bypass line damper or valve was checked out, with the next Periodic
Report.
47. Section 63.1328 is revised to read as follows:
Sec. 63.1328 Heat exchange systems provisions.
(a) Except as specified in paragraph (b) of this section, each
owner or operator of an affected source shall comply with Sec. 63.104,
with the differences noted in paragraphs (c) through (h) of this
section, for the purposes of this subpart.
(b) The provisions of paragraph (a) of this section do not apply to
each process contact cooling tower that is associated with an existing
affected source manufacturing PET.
(c) When the term ``chemical manufacturing process unit'' is used
in Sec. 63.104, the term ``thermoplastic product process unit'' shall
apply for purposes of this subpart, with the exception noted in
paragraph (d) of this section.
(d) When the phrase ``a chemical manufacturing process unit meeting
the conditions of Sec. 63.100(b)(1) through (b)(3) of this subpart,
except for chemical manufacturing process units meeting the condition
specified in Sec. 63.100(c) of this subpart'' is used in
Sec. 63.104(a), the term ``a TPPU, except for TPPUs meeting the
condition specified in Sec. 63.1310(b)'' shall apply for purposes of
this subpart.
(e) When Sec. 63.104 refers to Table 4 of subpart F of this part or
Table 9 of subpart G of this part, the owner or operator is only
required to consider organic HAP listed on Table 6 of this subpart,
except for ethylene glycol which need not be considered under this
section, for purposes of this subpart.
(f) When Sec. 63.104(c)(3) specifies 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 requirements in Secs. 63.1335(a)
and 63.1335(h) shall apply, for purposes of this subpart.
(g) When Sec. 63.104(f)(2) requires information to be reported in
the Periodic Reports required by Sec. 63.152(c), the owner or operator
shall instead report the information specified in Sec. 63.104(f)(2) in
the Periodic Reports required by Sec. 63.1335(e)(6), for the purposes
of this subpart.
(h) The compliance date for heat exchange systems subject to the
provisions of this section is specified in Sec. 63.1311.
48. Section 63.1329 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (c) introductory text;
c. Revising paragraphs (c)(1)(i) through (c)(1)(iii); and
d. Revising paragraph (c)(2).
The revisions read as follows:
Sec. 63.1329 Process contact cooling towers provisions.
(a) The owner or operator of each new affected source that
manufactures PET is required to comply with paragraph (b) of this
section. The owner or operator of each existing affected source that
manufactures PET using a continuous terephthalic acid high viscosity
multiple end finisher process that utilizes a process contact cooling
tower shall comply with paragraph (c) of this section, and is not
required to comply with paragraph (b) of this section. The compliance
date for process contact cooling towers subject to the provisions of
this section is specified in Sec. 63.1311.
* * * * *
(c) Existing affected source requirements. The owner or operator of
an existing affected source subject to this section who manufactures
PET using a continuous terephthalic acid high viscosity multiple end
finisher process, and who is subject or becomes subject to 40 CFR part
60, subpart DDD, shall maintain an ethylene glycol concentration in the
process contact cooling tower at or below 4.0 percent by weight
averaged on a daily basis over a rolling 14-day period of operating
days. Compliance with this paragraph (c)
[[Page 38125]]
shall be determined as specified in paragraphs (c)(1) through (c)(4) of
this section. It should be noted that compliance with this paragraph
(c) does not exempt owners or operators from complying with the
provisions of Sec. 63.1330 for those process wastewater streams that
are sent to the process contact cooling tower.
(1) * * *
(i) At least one sample per operating day shall be collected using
the procedures specified in 40 CFR 60.564(j)(1)(i). An average ethylene
glycol concentration by weight shall be calculated on a daily basis
over a rolling 14-day period of operating days. Each daily average
ethylene glycol concentration so calculated constitutes a performance
test.
(ii) The owner or operator may elect to reduce the sampling program
to any 14 consecutive operating day period once every two calendar
months, if at least seventeen consecutive 14-day rolling average
concentrations immediately preceding the reduced sampling program are
each less than 1.2 weight percent ethylene glycol. If the average
concentration obtained over the 14 operating day sampling during the
reduced test period exceeds the upper 95 percent confidence interval
calculated from the most recent test results in which no one 14-day
average exceeded 1.2 weight percent ethylene glycol, then the owner or
operator shall reinstitute a daily sampling program. The 95 percent
confidence interval shall be calculated as specified in paragraph
(c)(1)(iii) of this section. A reduced program may be reinstituted if
the requirements specified in this paragraph (c)(1)(ii) are met.
(iii) The upper 95 percent confidence interval shall be calculated
using the Equation 27 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR19JN00.040
Where:
CI95 = 95 percent confidence interval
Xi = daily ethylene glycol concentration for each
operating day used to calculate each 14-day rolling average used in
test results to justify implementing the reduced testing program.
n = number of ethylene glycol concentrations.
(2) Measuring an alternative parameter, such as carbon oxygen
demand or biological oxygen demand, that is demonstrated to be directly
proportional to the ethylene glycol concentration shall be allowed.
Such parameter shall be measured during the initial 14-day performance
test during which the facility is shown to be in compliance with the
ethylene glycol concentration standard whereby the ethylene glycol
concentration is determined using the procedures described in paragraph
(c)(1) of this section. The alternative parameter shall be measured on
a daily basis and the average value of the alternative parameter shall
be calculated on a daily basis over a rolling 14-day period of
operating days. Each daily average value of the alternative parameter
constitutes a performance test.
* * * * *
49. Section 63.1330 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b); and
c. Adding paragraph (c).
The revisions and additions read as follows:
Sec. 63.1330 Wastewater provisions.
(a) Except as specified in paragraphs (d) and (e) of this section,
the owner or operator of each affected source shall comply, as
specified in paragraph (b) of this section, with the requirements of
Secs. 63.132 through 63.147 for each process wastewater stream
originating at an affected source, with the requirements of Sec. 63.148
for leak inspection provisions, and with the requirements of
Sec. 63.149 for equipment that is subject to Sec. 63.149. Further, the
owner or operator of each affected source shall comply with the
requirements of Sec. 63.105(a) for maintenance wastewater as specified
in paragraph (c) of this section.
(b) The owner or operator of each affected source shall comply with
the requirements of Secs. 63.132 through 63.149, with the differences
noted in paragraphs (b)(1) through (b)(22) of this section for the
purposes of this subpart.
(1) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the
provisions in Sec. 63.6(g) shall apply for the purposes of this
subpart.
(2) When the storage vessel requirements contained in Secs. 63.119
through 63.123 are referred to in Secs. 63.132 through 63.149,
Secs. 63.119 through 63.123 are applicable, with the exception of the
differences referred to in Sec. 63.1314, for the purposes of this
subpart.
(3) When Sec. 63.146(a) requires the submission of a request for
approval to monitor alternative parameters according to the procedures
specified in Sec. 63.151(f) or (g), owners or operators requesting to
monitor alternative parameters shall follow the procedures specified in
Sec. 63.1335(f) for the purposes of this subpart.
(4) When Sec. 63.147(d) requires owners or operators to keep
records of the daily average value of each continuously monitored
parameter for each operating day as specified in Sec. 63.152(f), owners
and operators shall instead keep records of the daily average value of
each continuously monitored parameter as specified in Sec. 63.1335(d)
for the purposes of this subpart.
(5) When Secs. 63.132 through 63.149 refer to an ``existing
source,'' the term ``existing affected source,'' as defined in
Sec. 63.1310(a), shall apply for the purposes of this subpart.
(6) When Secs. 63.132 through 63.149 refer to a ``new source,'' the
term ``new affected source,'' as defined in Sec. 63.1310(a), shall
apply for the purposes of this subpart.
(7) When Sec. 63.132(a) and (b) refer to the ``applicable dates
specified in Sec. 63.100 of subpart F of this part,'' the compliance
dates specified in Sec. 63.1311 shall apply for the purposes of this
subpart.
(8) The provisions of paragraphs (b)(8)(i), (b)(8)(ii), and
(b)(8)(iii) of this section clarify the organic HAP that an owner or
operator shall consider when complying with the requirements in
Secs. 63.132 through 63.149.
(i) When Secs. 63.132 through 63.149 refer to table 8 of compounds,
the owner or operator is only required to consider 1,3-butadiene for
purposes of this subpart.
(ii) When Secs. 63.132 through 63.149 refer to table 9 of
compounds, the owner or operator is only required to consider compounds
that meet the definition of organic HAP in Sec. 63.1312 and that are
listed on table 9 of 40 CFR part 63, for the purposes of this subpart,
except for ethylene glycol which need not be considered.
[[Page 38126]]
(iii) When Secs. 63.132 through 63.149 refer to compounds in table
36 of 40 CFR part 63, subpart G, or compounds on List 1 and/or List 2,
as listed on 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. 63.1312 and that are listed in table
36 of 40 CFR part 63, subpart G, for the purposes of this subpart.
(9) Whenever Secs. 63.132 through 63.149 refer to a ``chemical
manufacturing process unit,'' the term ``thermoplastic product process
unit,'' (or TPPU) as defined in Sec. 63.1312, shall apply for the
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a
chemical manufacturing process unit that meets the criteria of
Sec. 63.100(b) of subpart F of this part,'' the term ``a TPPU as
defined in Sec. 63.1312(b)'' shall apply for the purposes of this
subpart.
(10) Whenever Secs. 63.132 through 63.149 refer to a Group 1
wastewater stream or a Group 2 wastewater stream, the definitions of
these terms contained in Sec. 63.1312 shall apply for the purposes of
this subpart.
(11) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F'',
the phrase ``Sec. 63.1310(c)'' shall apply for the purposes of this
subpart. In addition, where Sec. 63.149(d) states ``and the item of
equipment is not otherwise exempt from controls by the provisions of
subpart A, F, G, or H of this part'', the phrase ``and the item of
equipment is not otherwise exempt from controls by the provisions of
subparts A, F, G, H, or JJJ of this part'' shall apply for the purposes
of this subpart.
(12) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical
manufacturing process unit subject to the new source requirements of 40
CFR Sec. 63.100(l)(1) or 40 CFR Sec. 63.100(l)(2),'' the phrase ``a
TPPU that is part of a new affected source or that is a new affected
source,'' shall apply for the purposes of this subpart.
(13) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.138 and 63.146,
the Notification of Compliance Status requirements contained in
Sec. 63.1335(e)(5) shall apply for the purposes of this subpart. In
addition, when Secs. 63.132 through 63.149 require that information be
reported according to Sec. 63.152(b) in the Notification of Compliance
Status, the owner or operator of an affected source shall report the
specified information in the Notification of Compliance Status required
by Sec. 63.1335(e)(5) for the purposes of this subpart.
(14) When the Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Sec. 63.146, the Periodic Report
requirements contained in Sec. 63.1335(e)(6) shall apply for the
purposes of this subpart. In addition, when Secs. 63.132 through 63.149
require that information be reported in the Periodic Reports required
in Sec. 63.152(c), the owner or operator of an affected source shall
report the specified information in the Periodic Reports required in
Sec. 63.1335(e)(6) for the purposes of this subpart.
(15) When Sec. 63.143(f) specifies that owners or operators shall
establish the range that indicates proper operation of the treatment
process or control device, the owner or operator shall instead comply
with the requirements of Sec. 63.1334(c) or (d) for establishing
parameter level maximums/minimums for the purposes of this subpart.
(16) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that
``the information on parameter ranges specified in Sec. 63.152(b)(2)''
be reported in the Notification of Compliance Status, owners and
operators of affected sources are instead required to report the
information on parameter levels as specified in Sec. 63.1335(e)(5)(ii)
for the purposes of this subpart.
(17) When the term ``range'' is used in Secs. 63.132 through
63.149, the term ``level'' apply instead for the purposes of this
subpart. This level shall be determined using the procedures specified
in Sec. 63.1334.
(18) For the purposes of this subpart, the owner or operator of an
affected source is not required to include process wastewater streams
that contain styrene when conducting performance tests for the purposes
of calculating the required mass removal (RMR) or the actual mass
removal (AMR) under the provisions described in Sec. 63.145(f) or
Sec. 63.145(g). For purposes of this paragraph, a process wastewater
stream is considered to contain styrene if the wastewater stream meets
the requirements in paragraph (b)(18)(i), (ii), (iii), (iv), or (v) of
this section.
(i) The wastewater stream originates at equipment that produces ABS
or ABS latex;
(ii) The wastewater stream originates at equipment that produces
EPS;
(iii) The wastewater stream originates at equipment that produces
MABS;
(iv) The wastewater stream originates at equipment that produces
MBS; or
(v) The wastewater stream originates at equipment that produces
SAN.
(19) When the provisions of Sec. 63.139(c)(1)(ii),
Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR
part 60, appendix A, shall be used, Method 18 or Method 25A, 40 CFR
part 60, appendix A, may be used for the purposes of this subpart. The
use of Method 25A, 40 CFR part 60, appendix A, shall conform with the
requirements in paragraphs (b)(19)(i) and (b)(19)(ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR part 60, appendix A, shall be the single organic HAP representing
the largest percent by volume of the emissions.
(ii) The use of Method 25A, 40 CFR part 60, appendix A, is
acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
(20) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b),
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the
requirements in Sec. 63.1333(e) shall apply.
(21) The owner or operator of a facility which receives a Group 1
wastewater stream, or a residual removed from a Group 1 wastewater
stream, for treatment pursuant to Sec. 63.132(g) is subject to the
requirements of Sec. 63.132(g) with the differences identified in this
section, and is not subject to subpart DD of this part with respect to
that material.
(22) When Sec. 63.132(g) refers to ``Secs. 63.133 through 63.137''
or ``Secs. 63.133 through 63.147'', the provisions in this section
63.1330 shall apply, for the purposes of this subpart.
(c) For each affected source, the owner or operator shall comply
with the requirements for maintenance wastewater in Sec. 63.105, except
that when Sec. 63.105(a) refers 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. 63.1312 and that are listed in table 9 of 40 CFR part 63, subpart
G, except for ethylene glycol which need not be considered, for the
purposes of this subpart.
* * * * *
50. Section 63.1331 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (a)(2);
c. Revising paragraphs (a)(4) and (a)(5);
d. Revising paragraph (a)(6) introductory text;
e. Revising paragraph (a)(6)(i);
f. Revising paragraphs (a)(6)(ii)(A) and (a)(6)(ii)(B);
g. Revising paragraph (a)(7);
h. Revising paragraph (a)(8) introductory text;
i. Revising paragraph (a)(10);
j. Revising paragraph (b);
[[Page 38127]]
k. Adding paragraphs (a)(6)(iii) and (a)(6)(iv);
l. Adding paragraphs (a)(11) through (a)(13); and
m. Removing and reserving paragraph (a)(9).
The revisions and additions read as follows:
Sec. 63.1331 Equipment leak provisions.
(a) Except as provided for in paragraphs (b) and (c) of this
section, the owner or operator of each affected source shall comply
with the requirements of subpart H of this part, with the differences
noted in paragraphs (a)(1) through (a)(13) of this section.
* * * * *
(2) The compliance date for the equipment leak provisions contained
in this section is provided in Sec. 63.1311. Whenever subpart H of this
part refers to the compliance dates specified in any paragraph
contained in Sec. 63.100, the compliance dates listed in
Sec. 63.1311(d) shall instead apply, for the purposes of this subpart.
When Sec. 63.182(c)(4) refers to ``sources subject to subpart F,'' the
phrase ``sources subject to this subpart'' shall apply, for the
purposes of this subpart. In addition, extensions of compliance dates
are addressed by Sec. 63.1311(e) instead of Sec. 63.182(a)(6), for the
purposes of this subpart.
* * * * *
(4) As specified in Sec. 63.1335(e)(5), the Notification of
Compliance Status required by paragraphs Sec. 63.182(a)(2) and
Sec. 63.182(c) shall be submitted within 150 days (rather than 90 days)
of the applicable compliance date specified in Sec. 63.1311 for the
equipment leak provisions.
(5) The information specified by Sec. 63.182(a)(3) and
Sec. 63.182(d) (i.e., Periodic Reports) shall be submitted as part of
the Periodic Reports required by Sec. 63.1335(e)(6).
(6) For pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in light liquid or heavy liquid
service; and instrumentation systems, owners or operators of affected
sources producing PET shall comply with the requirements of paragraphs
(a)(6)(i) and (a)(6)(ii) of this section instead of with the
requirements of Sec. 63.169. Owners or operators of PET affected
sources shall comply with all other provisions of subpart H of this
part for pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in light liquid or heavy liquid
service; and instrumentation systems, except as specified in paragraphs
(a)(6)(iii) through (a)(6)(iv) of this section.
(i) A leak is determined to be detected if there is evidence of a
potential leak found by visual, audible, or olfactory means. Method 21,
40 CFR part 60, appendix A may not be used to determine the presence or
absence of a leak.
(ii)(A) When a leak is detected, it shall be repaired as soon as
practical, but not later than 15 days after it is detected, except as
provided in Sec. 63.171.
(B) The first attempt at repair shall be made no later than 5 days
after each leak is detected.
* * * * *
(iii) An owner or operator is not required to develop an initial
list of identification numbers as would otherwise be required under
Sec. 63.181(b)(1)(i) or Sec. 63.181(b)(4).
(iv) When recording the detection of a leak under
Sec. 63.182(d)(1), the owner or operator of an affected source shall
comply with paragraphs (a)(6)(iv)(A) through (a)(6)(iv)(B) of this
section.
(A) When complying with Sec. 63.181(d)(1), provide an
identification number for the leaking equipment at the time of
recordkeeping. Further, the owner or operator is not required to record
the identification number of the instrument (i.e., Method 21
instrument) because the use of Method 21 is not an acceptable method
for determining a leak under this paragraph (a)(6).
(B) An owner or operator is not required to comply with
Sec. 63.181(d)(4) which requires a record of the maximum instrument
reading measured by Method 21 of 40 CFR part 60, appendix A.
(7) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of
this part, the owner or operator is only required to consider organic
HAP listed on Table 6 of this subpart for purposes of this subpart,
except for ethylene glycol which need not be considered.
(8) When the provisions of subpart H of this part specify that
Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A, may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A, shall
conform with the requirements in paragraphs (a)(8)(i) and (a)(8)(ii) of
this section.
* * * * *
(9) [Reserved.]
(10) If specific items of equipment, comprising part of a process
unit subject to this subpart, are managed by different administrative
organizations (e.g., different companies, affiliates, departments,
divisions, etc.), those items of equipment may be aggregated with any
TPPU within the affected source for all purposes under subpart H of
this part, providing there is no delay in achieving the applicable
compliance date.
(11) When the terms ``equipment'' and ``equipment leak'' are used
in subpart H of this part, the definitions of these terms in
Sec. 63.1312 shall apply for the purposes of this subpart.
(12) The phrase ``the provisions of subparts F, I, or JJJ of this
part'' shall apply instead of the phrase ``the provisions of subpart F
or I of this part'' throughout Secs. 63.163 and 63.168, for the
purposes of this subpart. In addition, the phrase ``subparts F, I, and
JJJ'' shall apply instead of the phrase ``subparts F and I'' in
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
(13) An owner or operator using a flare to comply with the
requirements of this section shall conduct a compliance demonstration
as specified in Sec. 63.1333(e).
(b) The provisions of this section do not apply to each TPPU
producing PET using a process other than a continuous terephthalic acid
(TPA) high viscosity multiple end finisher process that is part of an
affected source if all of the equipment leak components subject to this
section Sec. 63.1331 in the TPPU are either in vacuum service or in
heavy liquid service.
(1) Owners and operators of a TPPU exempted under paragraph (b) of
this section shall comply with paragraph (b)(1)(i) or (b)(1)(ii) of
this section.
(i) Retain information, data, and analyses used to demonstrate that
all of the components in the exempted TPPU are either in vacuum service
or in heavy liquid service. For components in vacuum service, examples
of information that could document this include, but are not limited
to, analyses of process stream composition and process conditions,
engineering calculations, or process knowledge. For components in heavy
liquid service, such documentation shall include an analysis or
demonstration that the process fluids do not meet the criteria of ``in
light liquid service'' or ``in gas or vapor service.''
(ii) When requested by the Administrator, demonstrate that all of
the components in the TPPU are either in vacuum service or in heavy
liquid service.
(2) If changes occur at a TPPU exempted under paragraph (b) of this
section such that all of the components in the TPPU are no longer
either in vacuum service or in heavy liquid service (e.g., by either
process changes or the addition of new components), the owner or
operator of the affected source shall comply with the provisions of
this section for all of the components at the TPPU. The owner or
operator shall
[[Page 38128]]
submit a report within 180 days after the process change is made or the
information regarding the process change is known to the owner or
operator. This report may be included in the next Periodic Report, as
specified in paragraph (a)(5) of this section. A description of the
process change shall be submitted with this report.
* * * * *
51. Section 63.1333 is amended by:
a. Revising the section title;
b. Revising paragraph (a) introductory text;
c. Revising paragraphs (a)(1) and (a)(2);
d. Revising paragraph (a)(4);
e. Revising paragraph (b) introductory text;
f. Adding paragraph (a)(5); and
g. Adding paragraph (e).
The revisions and additions read as follows:
Sec. 63.1333 Additional requirements for performance testing.
(a) Performance testing shall be conducted in accordance with
Sec. 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h),
with the exceptions specified in paragraphs (a)(1) through (a)(5) of
this section and the additions specified in paragraphs (b) through (d)
of this section. Sections 63.1314 through 63.1330 also contain specific
testing requirements.
(1) Performance tests shall be conducted according to the
provisions of Sec. 63.7(e)(1) and (e)(2), except that performance tests
shall be conducted at maximum representative operating conditions
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) of this section to occur.
(i) The 6-month period that ends 2 months before the Notification
of Compliance Status is due, according to Sec. 63.1335(e)(5); or the 6-
month period that begins 3 months before the performance test and ends
3 months after the performance test.
(ii) Causing damage to equipment; necessitating that the owner or
operator make product that does not meet an existing specification for
sale to a customer; or necessitating that the owner or operator make
product in excess of demand.
(2) The requirements in Sec. 63.1335(e)(5) shall apply instead of
the references in Sec. 63.7(g) to the Notification of Compliance Status
requirements in Sec. 63.9(h).
* * * * *
(4) The owner or operator shall notify the Administrator of the
intention to conduct a performance test at least 30 days before the
performance test is scheduled to allow the Administrator the
opportunity to have an observer present during the test. If after 30
days notice for an initially scheduled performance test, there is a
delay (due to operational problems, etc.) in conducting the scheduled
performance test, the owner or operator of an affected facility shall
notify the Administrator as soon as possible of any delay in the
original test date, either by providing at least 7 days prior notice of
the rescheduled date of the performance test, or by arranging a
rescheduled date with the Administrator by mutual agreement.
(5) Performance tests shall be performed no later than 150 days
after the compliance dates specified in this subpart (i.e., in time for
the results to be included in the Notification of Compliance Status),
rather than according to the time periods in Sec. 63.7(a)(2) of subpart
A of this part.
(b) Each owner or operator of an existing affected source producing
MBS complying with Sec. 63.1315(b)(2) shall determine compliance with
the mass emission per mass product standard by using Equation 49 of
this subpart. When determining Ei, when the provisions of
Sec. 63.116(c)(4) specify that Method 18, 40 CFR part 60, appendix A,
shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may
be used for the purposes of this subpart. The use of Method 25A, 40 CFR
part 60, appendix A, shall conform with the requirements in paragraphs
(b)(1) and (b)(2) of this section.
[GRAPHIC] [TIFF OMITTED] TR19JN00.041
Where:
ERMBS = Emission rate of organic HAP or TOC from
continuous process vents, kg/Mg product.
Ei = Emission rate of organic HAP or TOC from continuous
process vent i as calculated using the procedures specified in
Sec. 63.116(c)(4), kg/month.
PPM = Amount of polymer produced in one month as
determined by the procedures specified in Sec. 63.1318(b)(1)(ii), Mg/
month.
n = Number of continuous process vents.
* * * * *
(e) Notwithstanding any other provision of this subpart, if an
owner or operator of an affected source uses a flare to comply with any
of the requirements of this subpart, the owner or operator shall comply
with paragraphs (e)(1) through (e)(3) of this section. The owner or
operator is not required to conduct a performance test to determine
percent emission reduction or outlet organic HAP or TOC concentration.
If a compliance demonstration has been conducted previously for a
flare, using the techniques specified in paragraphs (e)(1) through
(e)(3) of this section, that compliance demonstration may be used to
satisfy the requirements of this paragraph if either no deliberate
process changes have been made since the compliance demonstration, or
the results of the compliance demonstration reliably demonstrate
compliance despite process changes.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4);
(2) Determine the net heating value of the gas being combusted,
using the techniques specified in Sec. 63.11(b)(6); and
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where
applicable) or Sec. 63.11(b)(8), as appropriate.
52. Section 63.1334 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b) introductory text;
c. Revising paragraph (b)(3) introductory text;
d. Revising paragraphs (b)(3)(i)(A) through (b)(3)(i)(D);
e. Revising paragraph (b)(3)(ii);
f. Revising paragraph (c);
g. Revising paragraph (d);
h. Revising paragraph (f)(1) introductory text;
i. Revising paragraphs (f)(1)(ii) and (f)(1)(iii);
j. Revising paragraph (f)(2) introductory text;
k. Revising paragraph (f)(2)(ii);
l. Removing and reserving paragraph (b)(1);
m. Removing and reserving paragraph (e);
n. Removing paragraph (b)(3)(i)(E);
o. Adding paragraph (f)(1)(v); and
p. Adding paragraph (f)(3) through (f)(7).
The revisions and additions read as follows:
Sec. 63.1334 Parameter monitoring levels and excursions.
(a) Establishment of parameter monitoring levels. The owner or
operator of a control or recovery device that has one or more parameter
monitoring level requirements specified under this subpart shall
establish a maximum or minimum level for each
[[Page 38129]]
measured parameter. If a performance test is required by this subpart
for a control device, the owner or operator shall use the procedures in
either paragraph (b) or (c) of this section to establish the parameter
monitoring level(s). If a performance test is not required by this
subpart for a control device, the owner or operator may use the
procedures in paragraph (b), (c) or (d) of this section to establish
the parameter monitoring level(s). When using the procedures specified
in paragraph (c) or (d) of this section, the owner or operator shall
submit the information specified in Sec. 63.1335(e)(3)(vii) for review
and approval as part of the Precompliance Report.
(1) The owner or operator shall operate control and recovery
devices such that the daily average of monitored parameters remains
above the minimum established level or below the maximum established
level, except as otherwise stated in this subpart.
(2) As specified in Sec. 63.1335(e)(5), all established levels,
along with their supporting documentation and the definition of an
operating day, shall be submitted as part of the Notification of
Compliance Status.
(3) Nothing in this section shall be construed to allow a
monitoring parameter excursion caused by an activity that violates
other applicable provisions of subpart A, F, G, or H of this part.
(b) Establishment of parameter monitoring levels based exclusively
on performance tests. In cases where a performance test is required by
this subpart, or the owner or operator of the affected source elects to
do a performance test in accordance with the provisions of this
subpart, and an owner or operator elects to establish a parameter
monitoring level for a control, recovery, or recapture device based
exclusively on parameter values measured during the performance test,
the owner or operator of the affected source shall comply with the
procedures in paragraphs (b)(1) through (b)(4) of this section, as
applicable.
(1) [Reserved.]
* * * * *
(3) Batch process vents. The monitoring level(s) shall be
established using the procedures specified in either paragraph
(b)(3)(i) or (b)(3)(ii) of this section. The procedures specified in
this paragraph (b)(3) may only be used if the batch emission episodes,
or portions thereof, selected to be controlled were tested, and
monitoring data were collected, during the entire period in which
emissions were vented to the control device, as specified in
Sec. 63.1325(c)(1)(i). If the owner or operator chose to test only a
portion of the batch emission episode, or portion thereof, selected to
be controlled, the procedures in paragraph (c) of this section shall be
used.
(i) * * *
(A) The average monitored parameter value shall be calculated for
each batch emission episode, or portion thereof, in the batch cycle
selected to be controlled. The average shall be based on all values
measured during the required performance test.
(B) If the level to be established is a maximum operating
parameter, the level shall be defined as the minimum of the average
parameter values of the batch emission episodes, or portions thereof,
in the batch cycle selected to be controlled (i.e., identify the
emission episode, or portion thereof, which requires the lowest
parameter value in order to assure compliance. The average parameter
value that is necessary to assure compliance for that emission episode,
or portion thereof, shall be the level for all emission episodes, or
portions thereof, in the batch cycle, that are selected to be
controlled).
(C) If the level to be established is a minimum operating
parameter, the level shall be defined as the maximum of the average
parameter values of the batch emission episodes, or portions thereof,
in the batch cycle selected to be controlled (i.e., identify the
emission episode, or portion thereof, which requires the highest
parameter value in order to assure compliance. The average parameter
value that is necessary to assure compliance for that emission episode,
or portion thereof, shall be the level for all emission episodes, or
portions thereof, in the batch cycle, that are selected to be
controlled).
(D) Alternatively, an average monitored parameter value shall be
calculated for the entire batch cycle based on all values measured
during each batch emission episode, or portion thereof, selected to be
controlled.
(ii) Instead of establishing a single level for the batch cycle, as
described in paragraph (b)(3)(i) of this section, an owner or operator
may establish separate levels for each batch emission episode, or
portion thereof, selected to be controlled. Each level shall be
determined as specified in paragraph (b)(3)(i)(A) of this section.
* * * * *
(c) Establishment of parameter monitoring levels based on
performance tests, supplemented by engineering assessments and/or
manufacturer's recommendations. In cases where a performance test is
required by this subpart, or the owner or operator elects to do a
performance test in accordance with the provisions of this subpart, and
an owner or operator elects to establish a parameter monitoring level
for a control, recovery, or recapture device under this paragraph (c),
the owner or operator shall supplement the parameter values measured
during the performance test with engineering assessments and/or
manufacturer's recommendations. Performance testing is not required to
be conducted over the entire range of expected parameter values.
(d) Establishment of parameter monitoring based on engineering
assessments and/or manufacturer's recommendations. In cases where a
performance test is not required by this subpart and an owner or
operator elects to establish a parameter monitoring level for a
control, recovery, or recapture device under this paragraph (d), the
determination of the parameter monitoring level shall be based
exclusively on engineering assessments and/or manufacturer's
recommendations.
(e) [Reserved.]
(f) Parameter monitoring excursion definitions. (1) With respect to
storage vessels (where the applicable monitoring plan specifies
continuous monitoring), continuous process vents, aggregate batch vent
streams, and process wastewater streams, an excursion means any of the
three cases listed in paragraphs (f)(1)(i) through (f)(1)(iii) of this
section. For a control or recovery device where multiple parameters are
monitored, if one or more of the parameters meets the excursion
criteria in paragraphs (f)(1)(i) through (f)(1)(iii) of this section,
this is considered a single excursion for the control or recovery
device. For each excursion, the owner or operator shall be deemed out
of compliance with the provisions of this subpart, except as provided
in paragraph (g) of this section.
* * * * *
(ii) When the period of control or recovery device operation, with
the exception noted in paragraph (f)(1)(v) of this section, is 4 hours
or greater in an operating day, and monitoring data are insufficient,
as defined in paragraph (f)(1)(iv) of this section, to constitute a
valid hour of data for at least 75 percent of the operating hours.
(iii) When the period of control or recovery device operation, with
the exception noted in paragraph (f)(1)(v) of this section, is less
than 4 hours in an
[[Page 38130]]
operating day and more than two of the hours during the period of
operation do not constitute a valid hour of data due to insufficient
monitoring data, as defined in paragraph (f)(1)(iv) of this section.
* * * * *
(v) The periods listed in paragraphs (f)(1)(v)(A) through
(f)(1)(v)(E) of this section are not considered to be part of the
period of control or recovery device operation, for the purposes of
paragraphs (f)(1)(ii) and (f)(1)(iii) of this section.
(A) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(B) Start-ups;
(C) Shutdowns;
(D) Malfunctions; or
(E) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(2) With respect to batch process vents, an excursion means one of
the two cases listed in paragraphs (f)(2)(i) and (f)(2)(ii) of this
section. For a control device where multiple parameters are monitored,
if one or more of the parameters meets the excursion criteria in either
paragraph (f)(2)(i) or (f)(2)(ii) of this section, this is considered a
single excursion for the control device. For each excursion, the owner
or operator shall be deemed out of compliance with the provisions of
this subpart, except as provided in paragraph (g) of this section.
* * * * *
(ii) When monitoring data are insufficient for an operating day.
Monitoring data shall be considered insufficient when measured values
are not available for at least 75 percent of the 15-minute periods when
batch emission episodes selected to be controlled are being vented to
the control device during the operating day, using the procedures
specified in paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) of this
section.
(A) Determine the total amount of time during the operating day
when batch emission episodes selected to be controlled are being vented
to the control device.
(B) Subtract the time during the periods listed in paragraphs
(f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(4) of this section from the
total amount of time determined in paragraph (f)(2)(ii)(A) of this
section, to obtain the operating time used to determine if monitoring
data are insufficient.
(1) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(2) Start-ups;
(3) Shutdowns; or
(4) Malfunctions.
(C) Determine the total number of 15-minute periods in the
operating time used to determine if monitoring data are insufficient,
as was determined in accordance with paragraph (f)(2)(ii)(B) of this
section.
(D) If measured values are not available for at least 75 percent of
the total number of 15-minute periods determined in paragraph
(f)(2)(ii)(C) of this section, the monitoring data are insufficient for
the operating day.
(3) For storage vessels where the applicable monitoring plan does
not specify continuous monitoring, an excursion is defined in paragraph
(f)(3)(i) or (ii) of this section, as applicable. For a control or
recovery device where multiple parameters are monitored, if one or more
of the parameters meets the excursion criteria, this is considered a
single excursion for the control or recovery device. For each
excursion, the owner or operator shall be deemed out of compliance with
the provisions of this subpart, except as provided in paragraph (g) of
this section.
(i) If the monitoring plan specifies monitoring a parameter and
recording its value at specific intervals (such as every 15 minutes or
every hour), either of the cases listed in paragraph (f)(3)(i)(A) or
(f)(3)(i)(B) of this section is considered a single excursion for the
control device. For each excursion, the owner or operator shall be
deemed out of compliance with the provisions of this subpart, except as
provided in paragraph (g) of this section.
(A) When the average value of one or more parameters, averaged over
the duration of the filling period for the storage vessel, is above the
maximum level or below the minimum level established for the given
parameters.
(B) When monitoring data are insufficient. Monitoring data shall be
considered insufficient when measured values are not available for at
least 75 percent of the specific intervals at which parameters are to
be monitored and recorded, according to the storage vessel's monitoring
plan, during the filling period for the storage vessel.
(ii) If the monitoring plan does not specify monitoring a parameter
and recording its value at specific intervals (for example, if the
relevant operating requirement is to exchange a disposable carbon
canister before expiration of its rated service life), the monitoring
plan shall define an excursion in terms of the relevant operating
requirement.
(4) With respect to continuous process vents complying with the
mass emissions per mass product requirements specified in
Sec. 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or
(c)(1)(i), an excursion has occurred when the mass emission rate
calculated as specified in Sec. 63.1318(c) exceeds the appropriate mass
emissions per mass product requirement. For each excursion, the owner
or operator shall be deemed out of compliance with the provisions of
this subpart, except as provided in paragraph (g) of this section.
(5) With respect to continuous process vents complying with the
temperature limits for final condensers specified in
Sec. 63.1316(b)(1)(i)(B) or (c)(1)(ii), an excursion has occurred when
the daily average exit temperature exceeds the appropriate condenser
temperature limit. For each excursion, the owner or operator shall be
deemed out of compliance with the provisions of this subpart, except as
provided in paragraph (g) of this section. The periods listed in
paragraphs (f)(5)(i) through (f)(5)(v) of this section are not
considered to be part of the period of operation for the condenser for
purposes of determining the daily average exit temperature.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions; or
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(6) With respect to new affected sources producing SAN using a
batch process, an excursion has occurred when the percent reduction
calculated using the procedures specified in Sec. 63.1333(c) is less
than 84 percent. For each excursion, the owner or operator shall be
deemed out of compliance with the provisions of this subpart, except as
provided in paragraph (g) of this section. The periods listed in
paragraphs (f)(6)(i) through (f)(6)(v) of this section are not
considered to be part of the period of control or recovery device
operation for purposes of determining the percent reduction.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions; or
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(7) With respect to continuous process vents complying with the
mass
[[Page 38131]]
emissions per mass product requirement specified in Sec. 63.1315(b)(2),
an excursion has occurred when the mass emission rate calculated as
specified in Sec. 63.1333(b) exceeds the mass emissions per mass
product requirement specified in Sec. 63.1315(b)(2). For each
excursion, the owner or operator shall be deemed out of compliance with
the provisions of this subpart, except as provided in paragraph (g) of
this section.
* * * * *
53. Section 63.1335 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b)(1) introductory text;
c. Revising paragraph (b)(1)(i) introductory text;
d. Revising paragraphs (b)(1)(i)(A) through (b)(1)(i)(C);
e. Revising paragraph (b)(1)(ii);
f. Revising paragraph (b)(2);
g. Revising paragraph (d) introductory text;
h. Revising paragraph (d)(2);
i. Revising paragraph (d)(3);
j. Revising paragraphs (d)(6) through (d)(9);
k. Revising paragraph (e) introductory text;
l. Revising paragraphs (e)(1) through (e)(3);
m. Revising paragraph (e)(4) introductory text;
n. Revising paragraph (e)(4)(i);
o. Revising paragraph (e)(4)(ii) introductory text;
p. Revising paragraph (e)(4)(ii)(B);
q. Revising paragraph (e)(4)(ii)(D);
r. Revising paragraph (e)(4)(ii)(F)(2);
s. Revising paragraphs (e)(4)(ii)(F)(4) and (e)(4)(ii)(F)(5);
t. Revising paragraph (e)(4)(ii)(H)(2);
u. Revising paragraph (e)(4)(ii)(J)(2);
v. Revising paragraph (e)(4)(ii)(L)(2);
w. Revising paragraph (e)(4)(ii)(N);
x. Revising paragraphs (e)(4)(iii) and (e)(4)(iv) introductory
text;
y. Revising paragraph (e)(4)(iv)(A) introductory text;
z. Revising paragraph (e)(4)(iv)(B) introductory text;
aa. Revising paragraph (e)(4)(iv)(C);
bb. Revising paragraph (e)(5) introductory text;
cc. Revising paragraph (e)(5)(i) introductory text;
dd. Revising paragraph (e)(5)(i)(A);
ee. Revising paragraph (e)(5)(ii) introductory text;
ff. Revising paragraph (e)(5)(iv);
gg. Revising paragraphs (e)(5)(vi) through (e)(5)(viii);
hh. Revising paragraph (e)(6) introductory text;
jj. Revising paragraphs (e)(6)(i) and (e)(6)(ii);
kk. Revising paragraph (e)(6)(iii)(B);
ll. Revising paragraph (e)(6)(iii)(D) introductory text;
mm. Revising paragraphs (e)(6)(iii)(D)(2) and (e)(6)(iii)(D)(3);
nn. Revising paragraph (e)(6)(iv);
oo. Revising paragraph (e)(6)(v)(B);
pp. Revising paragraphs (e)(6)(vi) through (e)(6)(xi);
qq. Revising paragraph (e)(7) introductory text;
rr. Revising paragraph (e)(7)(ii);
ss. Revising paragraph (e)(8) introductory text;
tt. Revising paragraphs (e)(8)(i) and (e)(8)(ii);
uu. Revising paragraph (f) introductory text;
vv. Revising paragraph (f)(3) introductory text;
ww. Revising paragraph (g) introductory text;
xx. Revising paragraph (g)(3) introductory text;
yy. Revising paragraph (g)(3)(i)(A);
zz. Revising paragraph (g)(4);
aaa. Revising paragraph (h) introductory text;
bbb. Revising paragraph (h)(1) introductory text;
ccc. Revising paragraph (h)(1)(ii)(B);
ddd. Revising paragraph (h)(1)(iv);
eee. Revising paragraph (h)(1)(vi) introductory text;
fff. Revising paragraphs (h)(1)(vi)(B) and (h)(1)(vi)(C);
ggg. Revising paragraph (h)(2)(i);
hhh. Revising paragraph (h)(2)(iii);
iii. Removing paragraph (b)(1)(i)(D);
jjj. Removing paragraph (d)(10);
kkk. Removing paragraph (e)(8)(iii);
lll. Removing and reserving paragraph (c);
mmm. Removing and reserving paragraph (d)(4) and (d)(5);
nnn. Removing and reserving paragraphs (e)(6)(iii)(C);
ooo. Adding paragraphs (e)(5)(ix) through (e)(5)(xi);
ppp. Adding paragraph (e)(6)(iii)(D)(4);
qqq. Adding paragraph (e)(6)(xii);
rrr. Adding paragraphs (e)(7)(iii) and (e)(7)(iv); and
sss. Adding paragraph (h)(1)(vi)(D).
The revisions and additions read as follows:
Sec. 63.1335 General recordkeeping and reporting provisions.
(a) Data retention. Unless otherwise specified in this subpart, the
owner or operator of an affected source shall keep copies of all
applicable records and reports required by this subpart for at least 5
years, as specified in paragraph (a)(1) of this section, with the
exception listed in paragraph (a)(2) of this section.
(1) All applicable records shall be maintained in such a manner
that they can be readily accessed. The most recent 6 months of records
shall be retained on site or shall be accessible from a central
location by computer or other means that provides access within 2 hours
after a request. The remaining 4 and one-half years of records may be
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm,
computer, floppy disk, magnetic tape, or microfiche.
(2) If an owner or operator submits copies of reports to the
appropriate EPA Regional Office, the owner or operator is not required
to maintain copies of reports. If the EPA Regional Office has waived
the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of
reports, the owner or operator is not required to maintain copies of
those reports.
(b) * * *
(1) Start-up, shutdown, and malfunction plan. The owner or operator
of an affected source shall develop and implement a written start-up,
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3). This
plan shall describe, in detail, procedures for operating and
maintaining the affected source during periods of start-up, shutdown,
and malfunction and a program for corrective action for malfunctioning
process and air pollution control equipment used to comply with this
subpart. Inclusion of Group 2 emission points is not required, unless
these points are included in an emissions average. For equipment leaks
(subject to Sec. 63.1331), the start-up, shutdown, and malfunction plan
requirement is limited to control devices and is optional for other
equipment. For equipment leaks, the start-up, shutdown, and malfunction
plan may include written procedures that identify conditions that
justify a delay of repair. A provision for ceasing to collect, during a
start-up, shutdown, or malfunction, monitoring data that would
otherwise be required by the provisions of this subpart may be included
in the start-up, shutdown, and malfunction plan only if the owner or
operator has demonstrated to the Administrator, through the
Precompliance Report or a supplement to the Precompliance Report, that
the monitoring system would be damaged or destroyed if it were not shut
down during the start-up, shutdown, or malfunction. The affected source
shall keep the start-up, shutdown, and malfunction plan on-site.
Records associated with the plan shall be kept as specified in
paragraphs (b)(1)(i)(A) through (b)(1)(i)(C) of this section. Reports
related to the plan shall be
[[Page 38132]]
submitted as specified in paragraph (b)(1)(ii) of this section.
(i) Records of start-up, shutdown, and malfunction. The owner or
operator shall keep the records specified in paragraphs (b)(1)(i)(A)
through (b)(1)(i)(C) of this section.
(A) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of operation of process equipment or control
devices or recovery devices or continuous monitoring systems used to
comply with this subpart during which excess emissions (as defined in
Sec. 63.1310(j)(4)) occur.
(B) For each start-up, shutdown, or malfunction during which excess
emissions (as defined in Sec. 63.1310(j)(4)) occur, records reflecting
whether the procedures specified in the affected source's start-up,
shutdown, and malfunction plan were followed, and documentation of
actions taken that are not consistent with the plan. For example, if a
start-up, shutdown, and malfunction plan includes procedures for
routing a control device to a backup control device, records shall be
kept of whether the plan was followed. These records may take the form
of a ``checklist,'' or other form of recordkeeping that confirms
conformance with the start-up shutdown, and malfunction plan for the
event.
(C) Records specified in paragraphs (b)(1)(i)(A) through
(b)(1)(i)(B) of this section are not required if they pertain solely to
Group 2 emission points that are not included in an emissions average.
(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 being submitted on the schedule specified in
Sec. 63.10(d)(5)(i). The reports shall include the information
specified in Sec. 63.10(d)(5)(i).
(2) Application for approval of construction or reconstruction. For
new affected sources, each owner or operator shall comply with the
provisions in Sec. 63.5 regarding construction and reconstruction,
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H),
(d)(1)(iii), (d)(2), and (d)(3)(ii).
(c) [Reserved.]
(d) Recordkeeping and documentation. Owners or operators required
to keep continuous records shall keep records as specified in
paragraphs (d)(1) through (d)(7) of this section, unless an alternative
recordkeeping system has been requested and approved as specified in
paragraph (g) of this section, and except as provided in paragraph (h)
of this section. If a monitoring plan for storage vessels pursuant to
Sec. 63.1314(a)(9) requires continuous records, the monitoring plan
shall specify which provisions, if any, of paragraphs (d)(1) through
(d)(7) of this section apply. As described in Sec. 63.1314(a)(9),
certain storage vessels are not required to keep continuous records as
specified in this paragraph. Owners and operators of such storage
vessels shall keep records as specified in the monitoring plan required
by Sec. 63.1314(a)(9). Paragraphs (d)(8) and (d)(9) of this section
specify documentation requirements.
* * * * *
(2) The owner or operator shall record either each measured data
value or block average values for 1 hour or shorter periods calculated
from all measured data values during each period. If values are
measured more frequently than once per minute, a single value for each
minute may be used to calculate the hourly (or shorter period) block
average instead of all measured values. Owners or operators of batch
process vents shall record each measured data value.
(3) Daily average (or batch cycle daily average) values of each
continuously monitored parameter shall be calculated for each operating
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this
section, except as specified in paragraphs (d)(6) and (d)(7) of this
section.
(i) The daily average value or batch cycle daily average shall be
calculated as the average of all parameter values recorded during the
operating day, except as specified in paragraph (d)(7) of this section.
For batch process vents, as specified in Sec. 63.1326(e)(2)(i), only
parameter values measured during those batch emission episodes, or
portions thereof, in the batch cycle that the owner or operator has
chosen to control shall be used to calculate the average. The
calculated average shall cover a 24-hour period if operation is
continuous, or the number of hours of operation per operating day if
operation is not continuous.
(ii) The operating day shall be the period the owner or operator
specifies in the operating permit or the Notification of Compliance
Status for purposes of determining daily average values or batch cycle
daily average values of monitored parameters.
(4) [Reserved]
(5) [Reserved]
(6) Records required when all recorded values are within the
established limits. If all recorded values for a monitored parameter
during an operating day are above the minimum level or below the
maximum level established in the Notification of Compliance Status or
operating permit, the owner or operator may record that all values were
above the minimum level or below the maximum level rather than
calculating and recording a daily average (or batch cycle daily
average) for that operating day.
(7) Monitoring data recorded during periods identified in
paragraphs (d)(7)(i) through (d)(7)(v) of this section shall not be
included in any average computed under this subpart. Records shall be
kept of the times and durations of all such periods and any other
periods during process or control device or recovery device operation
when monitors are not operating.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions;
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(8) For continuous monitoring systems used to comply with this
subpart, records documenting the completion of calibration checks, and
records documenting the maintenance of continuous monitoring systems
that are specified in the manufacturer's instructions or that are
specified in other written procedures that provide adequate assurance
that the equipment would reasonably be expected to monitor accurately.
(9) The owner or operator of an affected source granted a waiver
under Sec. 63.10(f) shall maintain the information, if any, specified
by the Administrator as a condition of the waiver of recordkeeping or
reporting requirements.
(e) Reporting and notification. In addition to the reports and
notifications required by subpart A of this part as specified in Table
1 of this subpart, the owner or operator of an affected source shall
prepare and submit the reports listed in paragraphs (e)(3) through
(e)(8) of this section, as applicable. All reports required by this
subpart, and the schedule for their submittal, are listed in Table 9 of
this subpart.
(1) Owners and operators shall not be in violation of the reporting
requirements of this subpart for failing to submit information required
to be included in a specified report if the owner or operator meets the
requirements in paragraphs (e)(1)(i)
[[Page 38133]]
through (e)(1)(iii) of this section. Examples of circumstances where
this paragraph may apply include information related to newly-added
equipment or emission points, changes in the process, changes in
equipment required or utilized for compliance with the requirements of
this subpart, or changes in methods or equipment for monitoring,
recordkeeping, or reporting.
(i) The information was not known in time for inclusion in the
report specified by this subpart;
(ii) The owner or operator has been diligent in obtaining the
information; and
(iii) The owner or operator submits a report according to the
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this
section.
(A) If this subpart expressly provides for supplements to the
report in which the information is required, the owner or operator
shall submit the information as a supplement to that report. The
information shall be submitted no later than 60 days after it is
obtained, unless otherwise specified in this subpart.
(B) If this subpart does not expressly provide for supplements, but
the owner or operator must submit a request for revision of an
operating permit pursuant to part 70 or part 71, due to circumstances
to which the information pertains, the owner or operator shall submit
the information with the request for revision to the operating permit.
(C) In any case not addressed by paragraph (e)(1)(iii)(A) or
(e)(1)(iii)(B) of this paragraph, the owner or operator shall submit
the information with the first Periodic Report, as required by this
subpart, which has a submission deadline at least 60 days after the
information is obtained.
(2) All reports required under this subpart shall be sent to the
Administrator at the appropriate address listed in Sec. 63.13. If
acceptable to both the Administrator and the owner or operator of an
affected source, reports may be submitted on electronic media.
(3) Precompliance Report. Owners or operators of affected sources
requesting an extension for compliance; requesting approval to use
alternative monitoring parameters, alternative continuous monitoring
and recordkeeping, or alternative controls; requesting approval to use
engineering assessment to estimate emissions from a batch emissions
episode, as described in Sec. 63.1323(b)(6)(i)(C); wishing to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.1334(c) or (d); or requesting approval to incorporate a
provision for ceasing to collect monitoring data, during a start-up,
shutdown, or malfunction, into the start-up, shutdown, and malfunction
plan, when that monitoring equipment would be damaged if it did not
cease to collect monitoring data, as permitted under
Sec. 63.1310(j)(3), shall submit a Precompliance Report according to
the schedule described in paragraph (e)(3)(i) of this section. The
Precompliance Report shall contain the information specified in
paragraphs (e)(3)(ii) through (e)(3)(viii) of this section, as
appropriate.
(i) Submittal dates. The Precompliance Report shall be submitted to
the Administrator no later than December 19, 2000. If a Precompliance
Report was submitted prior to June 19, 2000 and no changes need to be
made to that Precompliance Report, the owner or operator shall re-
submit the earlier report or submit notification that the previously
submitted report is still valid. Unless the Administrator objects to a
request submitted in the Precompliance Report within 45 days after its
receipt, the request shall be deemed approved. For new affected
sources, the Precompliance Report shall be submitted to the
Administrator with the application for approval of construction or
reconstruction required in paragraph (b)(2) of this section.
Supplements to the Precompliance Report may be submitted as specified
in paragraph (e)(3)(ix) of this section.
(ii) A request for an extension for compliance, as specified in
Sec. 63.1311(e), may be submitted in the Precompliance Report. The
request for a compliance extension shall include the data outlined in
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.1311(e)(1).
(iii) The alternative monitoring parameter information required in
paragraph (f) of this section shall be submitted in the Precompliance
Report if, for any emission point, the owner or operator of an affected
source seeks to comply through the use of a control technique other
than those for which monitoring parameters are specified in this
subpart or in subpart G of this part or seeks to comply by monitoring a
different parameter than those specified in this subpart or in subpart
G of this part.
(iv) If the affected source seeks to comply using alternative
continuous monitoring and recordkeeping as specified in paragraph (g)
of this section, the owner or operator shall submit a request for
approval in the Precompliance Report.
(v) The owner or operator shall report the intent to use
alternative controls to comply with the provisions of this subpart in
the Precompliance Report. The Administrator may deem alternative
controls to be equivalent to the controls required by the standard,
under the procedures outlined in Sec. 63.6(g).
(vi) If a request for approval to use engineering assessment to
estimate emissions from a batch emissions episode, as described in
Sec. 63.1323(b)(6)(i)(C) is being made, the information required by
Sec. 63.1323(b)(6)(iii)(B) shall be submitted in the Precompliance
Report.
(vii) If an owner or operator establishes parameter monitoring
levels according to the procedures contained in Sec. 63.1334(c) or (d),
the following information shall be submitted in the Precompliance
Report:
(A) Identification of which procedures (i.e., Sec. 63.1334(c) or
(d)) are to be used; and
(B) A description of how the parameter monitoring level is to be
established. If the procedures in Sec. 63.1334(c) are to be used, a
description of how performance test data will be used shall be
included.
(viii) If the owner or operator is requesting approval to
incorporate a provision for ceasing to collect monitoring data, during
a start-up, shutdown, or malfunction, into the start-up, shutdown, and
malfunction plan, when that monitoring equipment would be damaged if it
did not cease to collect monitoring data, the information specified in
paragraphs (e)(3)(viii)(A) and (B) shall be supplied in the
Precompliance Report or in a supplement to the Precompliance Report.
The Administrator shall evaluate the supporting documentation and shall
approve the request only if, in the Administrator's judgment, the
specific monitoring equipment would be damaged by the contemporaneous
start-up, shutdown, or malfunction.
(A) Documentation supporting a claim that the monitoring equipment
would be damaged by the contemporaneous start-up, shutdown, or
malfunction; and
(B) A request to incorporate such a provision for ceasing to
collect monitoring data during a start-up, shutdown, or malfunction,
into the start-up, shutdown, and malfunction plan.
(ix) Supplements to the Precompliance Report may be submitted as
specified in paragraphs (e)(3)(ix)(A) or (e)(3)(ix)(B) of this section.
Unless the Administrator objects to a request submitted in a supplement
to the Precompliance Report within 45 days after its receipt, the
request shall be deemed approved.
(A) Supplements to the Precompliance Report may be submitted
[[Page 38134]]
to clarify or modify information previously submitted.
(B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(3)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of
this section; to use alternative controls, as specified in paragraph
(e)(3)(v) of this section; to use engineering assessment to estimate
emissions from a batch emissions episode, as specified in paragraph
(e)(3)(vi) of this section; to establish parameter monitoring levels
according to the procedures contained in Sec. 63.1334(c) or (d), as
specified in paragraph (e)(3)(vii) of this section; or to include a
provision for ceasing to collect monitoring data during a start-up,
shutdown, or malfunction, in the start-up, shutdown, and malfunction
plan, when that monitoring equipment would be damaged if it did not
cease to collect monitoring data, as specified in paragraph
(e)(3)(viii) of this section.
(4) Emissions Averaging Plan. For all existing affected sources
using emissions averaging, an Emissions Averaging Plan shall be
submitted for approval according to the schedule and procedures
described in paragraph (e)(4)(i) of this section. The Emissions
Averaging Plan shall contain the information specified in paragraph
(e)(4)(ii) of this section, unless the information required in
paragraph (e)(4)(ii) of this section is submitted with an operating
permit application. An owner or operator of an affected source who
submits an operating permit application instead of an Emissions
Averaging Plan shall submit the information specified in paragraph
(e)(8) of this section. In addition, a supplement to the Emissions
Averaging Plan, as required under paragraph (e)(4)(iii) of this
section, is to be submitted whenever additional alternative controls or
operating scenarios may be used to comply with this subpart. Updates to
the Emissions Averaging Plan shall be submitted in accordance with
paragraph (e)(4)(iv) of this section.
(i) Submittal and approval. The Emissions Averaging Plan shall be
submitted no later than September 19, 2000, and it is subject to
Administrator approval. If an Emissions Averaging Plan was submitted
prior to June 19, 2000 and no changes need to be made to that Emissions
Averaging Plan, the owner or operator shall re-submit the earlier plan
or submit notification that the previously submitted plan is still
valid. The Administrator shall determine within 120 days whether the
Emissions Averaging Plan submitted presents sufficient information. The
Administrator shall either approve the Emissions Averaging Plan,
request changes, or request that the owner or operator submit
additional information. Once the Administrator receives sufficient
information, the Administrator shall approve, disapprove, or request
changes to the plan within 120 days.
(ii) Information required. The Emissions Averaging Plan shall
contain the information listed in paragraphs (e)(4)(ii)(A) through
(e)(4)(ii)(N) of this section for all emission points included in an
emissions average.
* * * * *
(B) The required information shall include the projected emission
debits and credits for each emission point and the sum for the emission
points involved in the average calculated according to Sec. 63.1332.
The projected credits shall be greater than or equal to the projected
debits, as required under Sec. 63.1332(e)(3).
* * * * *
(D) The required information shall include the specific
identification of each emission point affected by a pollution
prevention measure. To be considered a pollution prevention measure,
the criteria in Sec. 63.1332(j)(1) shall be met. If the same pollution
prevention measure reduces or eliminates emissions from multiple
emission points in the average, the owner or operator shall identify
each of these emission points.
* * * * *
(F) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of
this section.
* * * * *
(4) The required documentation shall include the anticipated
nominal efficiency if a control technology achieving a greater percent
emission reduction than the efficiency of the reference control
technology is or will be applied to the emission point. The procedures
in Sec. 63.1332(i) shall be followed to apply for a nominal efficiency,
and the report specified in paragraph (e)(7)(ii) of this section shall
be submitted with the Emissions Averaging Plan as specified in
paragraph (e)(7)(ii)(A) of this section.
(5) The required documentation shall include the monitoring plan
specified in Sec. 63.122(b), to include the information specified in
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or (d)(2)(iii)
for each storage vessel controlled with a closed-vent system using a
control device other than a flare.
* * * * *
(H) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of
this section.
* * * * *
(J) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of
this section.
* * * * *
(L) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the wastewater emission credit
and debit calculations in Sec. 63.1332(g) and (h). These parameter
values shall be specified in the affected source's Emissions Averaging
Plan (or operating permit) as enforceable operating conditions. Changes
to these parameters shall be reported as required by paragraph
(e)(4)(iv) of this section.
* * * * *
(N) The required information shall include documentation of the
data required by Sec. 63.1332(k). The documentation shall demonstrate
that the emissions from the emission points proposed to be included in
the average will not result in greater hazard or, at the option of the
Administrator, greater risk to human health or the environment than if
the emission points were not included in an emissions average.
(iii) Supplement to Emissions Averaging Plan. The owner or operator
required to prepare an Emissions Averaging Plan under paragraph (e)(4)
of this section shall also prepare a supplement to the Emissions
Averaging
[[Page 38135]]
Plan for any additional alternative controls or operating scenarios
that may be used to achieve compliance.
(iv) Updates to Emissions Averaging Plan. The owner or operator of
an affected source required to submit an Emissions Averaging Plan under
paragraph (e)(4) of this section shall also submit written updates of
the Emissions Averaging Plan to the Administrator for approval under
the circumstances described in paragraphs (e)(4)(iv)(A) through
(e)(4)(iv)(C) of this section unless the relevant information has been
included and submitted in an operating permit application or amendment.
(A) The owner or operator who plans to make a change listed in
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section
shall submit an Emissions Averaging Plan update at least 120 days prior
to making the change.
* * * * *
(B) The owner or operator who has made a change as defined in
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall
submit an Emissions Averaging Plan update within 90 days after the
information regarding the change is known to the affected source. The
update may be submitted in the next quarterly periodic report if the
change is made after the date the Notification of Compliance Status is
due.
* * * * *
(C) The Administrator shall approve or request changes to the
Emissions Averaging Plan update within 120 days of receipt of
sufficient information regarding the change for emission points
included in emissions averages.
(5) Notification of Compliance Status. For existing and new
affected sources, a Notification of Compliance Status shall be
submitted. For equipment leaks subject to Sec. 63.1331, the owner or
operator shall submit the information required in Sec. 63.182(c) in the
Notification of Compliance Status within 150 days after the first
applicable compliance date for equipment leaks in the affected source,
and an update shall be provided in the first Periodic Report that is
due at least 150 days after each subsequent applicable compliance date
for equipment leaks in the affected source. For all other emission
points, including heat exchange systems, the Notification of Compliance
Status shall contain the information listed in paragraphs (e)(5)(i)
through (e)(5)(xi) of this section, as applicable, and shall be
submitted no later than 150 days after the compliance dates specified
in this subpart.
(i) The results of any emission point group determinations, process
section applicability determinations, performance tests, inspections,
continuous monitoring system performance evaluations, any other
information used to demonstrate compliance, values of monitored
parameters established during performance tests, and any other
information required to be included in the Notification of Compliance
Status under Secs. 63.1311(m), 63.122, and 63.1314 for storage vessels,
Sec. 63.117 for continuous process vents, Sec. 63.146 for process
wastewater, Secs. 63.1316 through 63.1320 for continuous process vents
subject to Sec. 63.1316, Sec. 63.1327 for batch process vents,
Sec. 63.1329 for process contact cooling towers, and Sec. 63.1332 for
emission points included in an emissions average. In addition, the
owner or operator of an affected source shall comply with paragraph
(e)(5)(i)(A) and (e)(5)(i)(B) of this section.
(A) For performance tests, group determinations, and process
section applicability determinations that are based on measurements,
the Notification of Compliance Status shall include one complete test
report, as described in paragraph (e)(5)(i)(B) of this section, for
each test method used for a particular kind of emission point. For
additional tests performed for the same kind of emission point using
the same method, the results and any other information, from the test
report, that is requested on a case-by-case basis by the Administrator
shall be submitted, but a complete test report is not required.
* * * * *
(ii) For each monitored parameter for which a maximum or minimum
level is required to be established under Sec. 63.114(e) for continuous
process vents, Sec. 63.1324 for batch process vents and aggregate batch
vent streams, Sec. 63.143(f) for process wastewater, Sec. 63.1332(m)
for emission points in emissions averages, paragraph (e)(8) of this
section, or paragraph (f) of this section, the Notification of
Compliance Status shall contain the information specified in paragraphs
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section, unless this
information has been established and provided in the operating permit
application. Further, as described in Sec. 63.1314(a)(9), for those
storage vessels for which the monitoring plan required by
Sec. 63.1314(a)(9) specifies compliance with the provisions of
Sec. 63.1334, the owner or operator shall provide the information
specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this
section for each monitored parameter, unless this information has been
established and provided in the operating permit application. For those
storage vessels for which the monitoring plan required by
Sec. 63.1314(a)(9) does not require compliance with the provisions of
Sec. 63.1334, the owner or operator shall provide the information
specified in Sec. 63.120(d)(3) as part of the Notification of
Compliance Status, unless this information has been established and
provided in the operating permit application.
* * * * *
(iv) The determination of applicability for flexible operation
units as specified in Sec. 63.1310(f).
* * * * *
(vi) The results for each predominant use determination made under
Sec. 63.1310(g), for storage vessels assigned to an affected source
subject to this subpart.
(vii) The results for each predominant use determination made under
Sec. 63.1310(h), for recovery operations equipment assigned to an
affected source subject to this subpart.
(viii) For owners or operators of Group 2 batch process vents
establishing a batch mass input limitation as specified in
Sec. 63.1325(g), the affected source's operating year for purposes of
determining compliance with the batch mass input limitation.
(ix) If any emission point is subject to this subpart and to other
standards as specified in Sec. 63.1311, and if the provisions of
Sec. 63.1311 allow the owner or operator to choose which testing,
monitoring, reporting, and recordkeeping provisions will be followed,
then the Notification of Compliance Status shall indicate which rule's
requirements will be followed for testing, monitoring, reporting, and
recordkeeping.
(x) An owner or operator who transfers a Group 1 wastewater stream
or residual removed from a Group 1 wastewater stream for treatment
pursuant to Sec. 63.132(g) shall include in the Notification of
Compliance Status the name and location of the transferee and a
description of the Group 1 wastewater stream or residual sent to the
treatment facility.
(xi) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Notification of
Compliance Status or as part of the appropriate Periodic Report as
specified in paragraph (e)(6)(ix) of this section.
(6) Periodic Reports. For existing and new affected sources, the
owner or operator shall submit Periodic Reports as specified in
paragraphs (e)(6)(i)
[[Page 38136]]
through (e)(6)(xi) of this section. In addition, for equipment leaks
subject to Sec. 63.1331, the owner or operator shall submit the
information specified in Sec. 63.182(d) under the conditions listed in
Sec. 63.182(d), and for heat exchange systems subject to Sec. 63.1328,
the owner or operator shall submit the information specified in
Sec. 63.104(f)(2) as part of the Periodic Report required by this
paragraph (e)(6). Section 63.1334 shall govern the use of monitoring
data to determine compliance for Group 1 emissions points and for Group
1 and Group 2 emission points included in emissions averages with the
following exception: As discussed in Sec. 63.1314(a)(9), for storage
vessels to which the provisions of Sec. 63.1334 do not apply, as
specified in the monitoring plan required by Sec. 63.120(d)(2), the
owner or operator is required to comply with the requirements set out
in the monitoring plan, and monitoring records may be used to determine
compliance.
(i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of
this section, a report containing the information in paragraph
(e)(6)(ii) of this section or containing the information in paragraphs
(e)(6)(iii) through (e)(6)(x) of this section, as appropriate, shall be
submitted semiannually no later than 60 days after the end of each 6-
month period. The first report shall be submitted no later than 240
days after the date the Notification of Compliance Status is due and
shall cover the 6-month period beginning on the date the Notification
of Compliance Status is due.
(ii) If none of the compliance exceptions specified in paragraphs
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period, the Periodic Report required by paragraph (e)(6)(i) of
this section shall be a statement that there were no compliance
exceptions as described in this paragraph for the 6-month period
covered by that report and no activities specified in paragraphs
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period covered by that report.
(iii) * * *
(B) The daily average values or batch cycle daily average values of
monitored parameters for both excused excursions, as defined in
Sec. 63.1334(g), and unexcused excursions, as defined in
Sec. 63.1334(f). For excursions caused by lack of monitoring data, the
start-time and duration of periods when monitoring data were not
collected shall be specified.
(C) [Reserved]
(D) The information in paragraphs (e)(6)(iii)(D)(1) through
(e)(6)(iii)(D)(4) of this section, as applicable:
* * * * *
(2) Notification if a process change is made such that the group
status of any emission point changes from Group 2 to Group 1. The owner
or operator is not required to submit a notification of a process
change if that process change caused the group status of an emission
point to change from Group 1 to Group 2. However, until the owner or
operator notifies the Administrator that the group status of an
emission point has changed from Group 1 to Group 2, the owner or
operator is required to continue to comply with the Group 1
requirements for that emission point. This notification may be
submitted at any time.
(3) Notification if one or more emission point(s) (other than
equipment leaks) or one or more TPPU is added to an affected source.
The owner or operator shall submit the information contained in
paragraphs (e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this
section:
(i) A description of the addition to the affected source; and
(ii) Notification of the group status of the additional emission
point or all emission points in the TPPU.
(4) For process wastewater streams sent for treatment pursuant to
Sec. 63.132(g), reports of changes in the identity of the treatment
facility or transferee.
* * * * *
(iv) For each batch process vent with a batch mass input
limitation, every second Periodic Report shall include the mass of HAP
or material input to the batch unit operation during the 12-month
period covered by the preceding and current Periodic Reports, and a
statement of whether the batch process vent was in or out of compliance
with the batch mass input limitation.
(v) * * *
(B) For additional tests performed for the same kind of emission
point using the same method, results and any other information,
pertaining to the performance test, that is requested on a case-by-case
basis by the Administrator shall be submitted, but a complete test
report is not required.
(vi) Notification of a change in the primary product of a TPPU, in
accordance with the provisions in Sec. 63.1310(f). This includes a
change in primary product from one thermoplastic product to either
another thermoplastic product or to a non-thermoplastic product.
(vii) The results for each change made to a predominant use
determination made under Sec. 63.1310(g) for a storage vessel that is
assigned to an affected source subject to this subpart after the
change. (viii) The Periodic Report shall include the results for each
change made to a predominant use determination made under
Sec. 63.1310(h) for recovery operations equipment assigned to an
affected source subject to this subpart after the change.
(ix) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Periodic Report or as
part of the Notification of Compliance Status as specified in paragraph
(e)(5)(xi) of this section.
(x) An owner or operator electing not to retain daily average or
batch cycle daily average values under paragraph (h)(2) of this section
shall notify the Administrator as specified in paragraph (h)(2)(i) of
this section.
(xi) The owner or operator of an affected source shall submit
quarterly reports for all emission points included in an emissions
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C)
of this section.
(A) The quarterly reports shall be submitted no later than 60 days
after the end of each quarter. The first report shall be submitted with
the Notification of Compliance Status no later than 150 days after the
compliance date.
(B) The quarterly reports shall include the information specified
in paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section
for all emission points included in an emissions average.
(1) The credits and debits calculated each month during the
quarter;
(2) A demonstration that debits calculated for the quarter are not
more than 1.30 times the credits calculated for the quarter, as
required under Sec. 63.1332(e)(4);
(3) The values of any inputs to the debit and credit equations in
Sec. 63.1332(g) and (h) that change from month to month during the
quarter or that have changed since the previous quarter;
(4) Results of any performance tests conducted during the reporting
period including one complete report for each test method used for a
particular kind of emission point as described in paragraph (e)(6)(v)
of this section;
(5) Reports of daily average (or batch cycle daily average) values
of monitored parameters for excursions as defined in Sec. 63.1334(f);
(6) For excursions caused by lack of monitoring data, the duration
of periods when monitoring data were not collected shall be specified;
and
[[Page 38137]]
(7) Any other information the affected source is required to report
under the operating permit or Emissions Averaging Plan for the affected
source.
(C) Every fourth quarterly report shall include the following:
(1) A demonstration that annual credits are greater than or equal
to annual debits as required by Sec. 63.1332(e)(3); and
(2) A certification of compliance with all the emissions averaging
provisions in Sec. 63.1332.
(xii) The owner or operator of an affected source shall submit
quarterly reports for particular emission points and process sections
not included in an emissions average as specified in paragraphs
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
(A) The owner or operator of an affected source shall submit
quarterly reports for a period of 1 year for an emission point or
process section that is not included in an emissions average if:
(1) A control or recovery device for a particular emission point or
process section has more excursions, as defined in Sec. 63.1334(f),
than the number of excused excursions allowed under Sec. 63.1334(g) for
a semiannual reporting period; or
(2) The Administrator requests that the owner or operator submit
quarterly reports for the emission point or process section.
(B) The quarterly reports shall include all information specified
in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section applicable
to the emission point or process section for which quarterly reporting
is required under paragraph (e)(6)(xii)(A) of this section. Information
applicable to other emission points within the affected source shall be
submitted in the semiannual reports required under paragraph (e)(6)(i)
of this section.
(C) Quarterly reports shall be submitted no later than 60 days
after the end of each quarter.
(D) After quarterly reports have been submitted for an emission
point for 1 year without more excursions occurring (during that year)
than the number of excused excursions allowed under Sec. 63.1334(g),
the owner or operator may return to semiannual reporting for the
emission point or process section.
(7) Other reports. Other reports shall be submitted as specified in
paragraphs (e)(7)(i) through (e)(7)(iv) of this section.
* * * * *
(ii) For owners or operators of affected sources required to
request approval for a nominal control efficiency for use in
calculating credits for an emissions average, the information specified
in Sec. 63.1332(i) shall be submitted as specified in paragraph
(e)(7)(ii)(A) or (B) of this section, as appropriate.
(A) If use of a nominal control efficiency is part of the initial
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this
section, the information in paragraph (e)(7)(ii) of this section shall
be submitted with the Emissions Averaging Plan.
(B) If an owner or operator elects to use a nominal control
efficiency after submittal of the initial Emissions Averaging Plan as
described in paragraph (e)(4)(ii) of this section, the information in
paragraph (e)(7)(ii) of this section shall be submitted at the
discretion of the owner or operator.
(iii) When the conditions of Secs. 63.1310(f)(3)(iii),
63.1310(f)(9), or 63.1310(f)(10)(iii) are met, reports of changes to
the primary product for a TPPU or process unit as required by
Secs. 63.1310(f)(3)(iii), 63.1310(f)(9), or 63.1310(f)(10)(iii)(C),
respectively, shall be submitted.
(iv) Owners or operators of TPPU or emission points (other than
equipment leak components subject to Sec. 63.1331) that are subject to
Sec. 63.1310(i)(1) or (i)(2) shall submit a report as specified in
paragraphs (e)(7)(iv)(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. 63.1310(i)(1) or (2); and
(3) Identification of the group status of emission points (except
equipment leak components subject to Sec. 63.1331) specified in
paragraphs (e)(7)(iv)(A)(3)(i) through (e)(7)(iv)(A)(3)(iii) of this
section, as applicable.
(i) All the emission points in the added TPPU as described in
Sec. 63.1310(i)(1).
(ii) All the emission points in an affected source designated as a
new affected source under Sec. 63.1310(i)(2)(i).
(iii) All the added or created emission points as described in
Sec. 63.1310(i)(2)(ii) or (i)(2)(iii).
(4) If the owner or operator wishes to request approval to use
alternative monitoring parameters, alternative continuous monitoring or
recordkeeping, alternative controls, engineering assessment to estimate
emissions from a batch emissions episode, or wishes to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.1334(c) or (d), a Precompliance Report shall be submitted in
accordance with paragraph (e)(7)(iv)(B) of this section.
(B) Reports shall be submitted as specified in paragraphs
(e)(7)(iv)(B)(1) through (e)(7)(iv)(B)(3) of this section, as
appropriate.
(1) Owners or operators of an added TPPU subject to
Sec. 63.1310(i)(1) shall submit a report no later than 180 days prior
to the compliance date for the TPPU.
(2) Owners or operators of an affected source designated as a new
affected source under Sec. 63.1310(i)(2)(i) shall submit a report no
later than 180 days prior to the compliance date for the affected
source.
(3) Owners or operators of any emission point (other than equipment
leak components subject to Sec. 63.1331) subject to
Sec. 63.1310(i)(2)(ii) or (i)(2)(iii) shall submit a report no later
than 180 days prior to the compliance date for those emission points.
(8) Operating permit application. An owner or operator who submits
an operating permit application instead of an Emissions Averaging Plan
or a Precompliance Report shall include the following information with
the operating permit application:
(i) The information specified in paragraph (e)(4) of this section
for points included in an emissions average; and
(ii) The information specified in paragraph (e)(3) of this section,
Precompliance Report, as applicable.
(f) Alternative monitoring parameters. The owner or operator who
has been directed by any section of this subpart or any section of
another subpart referenced by this subpart, that expressly referenced
this paragraph (f) to set unique monitoring parameters, or who requests
approval to monitor a different parameter than those specified in
Sec. 63.1314 for storage vessels, Sec. 63.1315 or Sec. 63.1317, as
appropriate, for continuous process vents, Sec. 63.1321 for batch
process vents and aggregate batch vent streams, or Sec. 63.1330 for
process wastewater shall submit the information specified in paragraphs
(f)(1) through (f)(3) of this section in the Precompliance Report, as
required by paragraph (e)(3) of this section. The owner or operator
shall retain for a period of 5 years each record required by paragraphs
(f)(1) through (f)(3) of this section.
* * * * *
(3) The required information shall include a description of the
proposed monitoring, recordkeeping, and reporting system, to include
the frequency and content of monitoring, recordkeeping, and reporting.
Further, the rationale for the proposed monitoring, recordkeeping, and
[[Page 38138]]
reporting system shall be included if either condition in paragraph
(f)(3)(i) or (f)(3)(ii) of this section is met:
* * * * *
(g) Alternative continuous monitoring and recordkeeping. An owner
or operator choosing not to implement the provisions listed in
Sec. 63.1315 or Sec. 63.1317, as appropriate, for continuous process
vents, Sec. 63.1321 for batch process vents and aggregate batch vent
streams, or Sec. 63.1330 for process wastewater, may instead request
approval to use alternative continuous monitoring and recordkeeping
provisions according to the procedures specified in paragraphs (g)(1)
through (g)(4) of this section. Requests shall be submitted in the
Precompliance Report as specified in paragraph (e)(3)(iv) of this
section, if not already included in the operating permit application,
and shall contain the information specified in paragraphs (g)(2)(ii)
and (g)(3)(ii) of this section, as applicable.
* * * * *
(3) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency, but records all values
that meet set criteria for variation from previously recorded values,
in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this section.
(i) * * *
(A) Measure the operating parameter value at least once during
every 15 minute period;
* * * * *
(4) An owner or operator may request approval to use other
alternative monitoring systems according to the procedures specified in
Sec. 63.8(f)(4).
(h) Reduced recordkeeping program. For any parameter with respect
to any item of equipment, the owner or operator may implement the
recordkeeping requirements specified in paragraph (h)(1) or (h)(2) of
this section as alternatives to the continuous operating parameter
monitoring and recordkeeping provisions that would otherwise apply
under this subpart. The owner or operator shall retain for a period of
5 years each record required by paragraph (h)(1) or (h)(2) of this
section, except as otherwise provided in paragraph (h)(1)(vi)(D) of
this section.
(1) The owner or operator may retain only the daily average (or
batch cycle daily average) value, and is not required to retain more
frequent monitored operating parameter values, for a monitored
parameter with respect to an item of equipment, if the requirements of
paragraphs (h)(1)(i) through (h)(1)(vi) of this section are met. An
owner or operator electing to comply with the requirements of paragraph
(h)(1) of this section shall notify the Administrator in the
Notification of Compliance Status as specified in paragraph (e)(5)(xi)
of this section or, if the Notification of Compliance Status has
already been submitted, in the Periodic Report immediately preceding
implementation of the requirements of paragraph (h)(1) of this section
as specified in paragraph (e)(6)(ix) of this section.
* * * * *
(ii) * * *
(B) The running average is based on at least six 1-hour average
values; and
* * * * *
(iv) The monitoring system will alert the owner or operator by an
alarm or other means, if the running average parameter value calculated
under paragraph (h)(1)(ii) of this section reaches a set point that is
appropriately related to the established limit for the parameter that
is being monitored.
* * * * *
(vi) The owner or operator shall retain the records identified in
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
* * * * *
(B) A description of the applicable monitoring system(s), and of
how compliance will be achieved with each requirement of paragraphs
(h)(1)(i) through (h)(1)(v) of this section. The description shall
identify the location and format (e.g., on-line storage, log entries)
for each required record. If the description changes, the owner or
operator shall retain both the current and the most recent superseded
description, as provided in paragraph (a) of this section, except as
provided in paragraph (h)(1)(vi)(D) of this section.
(C) A description, and the date, of any change to the monitoring
system that would reasonably be expected to impair its ability to
comply with the requirements of paragraph (h)(1) of this section.
(D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this
section shall retain the current description of the monitoring system
as long as the description is current. The current description shall,
at all times, be retained on-site or be accessible from a central
location by computer or other means that provides access within 2 hours
after a request. The owner or operator shall retain all superseded
descriptions for at least 5 years after the date of their creation.
Superseded descriptions shall be retained on-site (or accessible from a
central location by computer or other means that provides access within
2 hours after a request) for at least 6 months after their creation.
Thereafter, superseded descriptions may be stored off-site.
(2) * * *
(i) If the owner or operator elects not to retain the daily average
(or batch cycle daily average) values, the owner or operator shall
notify the Administrator in the next Periodic Report as specified in
paragraph (e)(6)(x) of this section. The notification shall identify
the parameter and unit of equipment.
* * * * *
(iii) The owner or operator shall retain the records specified in
paragraphs (h)(1)(i) through (h)(1)(iii) of this section, for the
duration specified in paragraph (h) of this section. For any calendar
week, if compliance with paragraphs (h)(1)(i) through (h)(1)(iv) of
this section does not result in retention of a record of at least one
occurrence or measured parameter value, the owner or operator shall
record and retain at least one parameter value during a period of
operation other than a start-up, shutdown, or malfunction.
* * * * *
54. Revising Tables 1, 2, 6, 7, and 8, and adding Table 9 to
Subpart JJJ of Part 63, to read as follows:
Table 1 to Subpart JJJ of Part 63.--Applicability of General Provisions
to Subpart JJJ Affected Sources
------------------------------------------------------------------------
Applies to
Reference subpart JJJ Explanation
------------------------------------------------------------------------
63.1(a)(1).................... Yes.............. Sec. 63.1312
specifies
definitions in
addition to or that
supersede
definitions in Sec.
63.2.
63.1(a)(2).................... Yes..............
63.1(a)(3).................... Yes.............. Sec. 63.1311(g)
through (l) and Sec.
63.160(b) identify
those standards
which may apply in
addition to the
requirements of
subparts JJJ and H
of this part, and
specify how
compliance shall be
achieved.
[[Page 38139]]
63.1(a)(4).................... Yes.............. Subpart JJJ (this
table) specifies the
applicability of
each paragraph in
subpart A to subpart
JJJ.
63.1(a)(5).................... No............... [Reserved.]
63.1(a)(6)-63.1(a)(8)......... Yes..............
63.1(a)(9).................... No............... [Reserved.]
63.1(a)(10)................... Yes..............
63.1(a)(11)................... Yes..............
63.1(a)(12)-63.1(a)(14)....... Yes..............
63.1(b)(1).................... No............... Sec. 63.1310(a)
contains specific
applicability
criteria.
63.1(b)(2).................... Yes..............
63.1(b)(3).................... No............... Sec. 63.1310(b)
provides
documentation
requirements for
TPPUs not considered
affected sources.
63.1(c)(1).................... Yes.............. Subpart JJJ (this
table) specifies the
applicability of
each paragraph in
subpart A to subpart
JJJ.
63.1(c)(2).................... No............... Area sources are not
subject to subpart
JJJ.
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 that
are not required by
subpart JJJ.
63.1(d)....................... No............... [Reserved.]
63.1(e)....................... Yes..............
63.2.......................... Yes.............. Sec. 63.1312
specifies those
subpart A
definitions that
apply to subpart
JJJ.
63.3.......................... Yes..............
63.4(a)(1)-63.4(a)(3)......... Yes..............
63.4(a)(4).................... No............... [Reserved.]
63.4(a)(5).................... Yes..............
63.4(b)....................... Yes..............
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.
63.1310(i) 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
and Sec. 63.9(b)
requirements do not
apply.
63.5(b)(5).................... Yes..............
63.5(b)(6).................... Yes.............. Except that Sec.
63.1310(i) defines
when construction or
reconstruction is
subject to new
source standards.
63.5(c)....................... No............... [Reserved.]
63.5(d)(1)(i)................. Yes.............. Except that the
references to the
Initial Notification
and Sec. 63.9(b)(5)
do not apply.
63.5(d)(1)(ii)................ Yes.............. Except that Sec.
63.5(d)(1)(ii)(H)
does not apply.
63.5(d)(1)(iii)............... No............... Secs. 63.1335(e)(5)
and 63.1331(a)(4)
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.
63.1331 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).................... No............... The dates specified
in Sec. 63.1311(b)
apply, instead.
63.6(b)(2).................... No...............
63.6(b)(3).................... No...............
63.6(b)(4).................... No...............
63.6(b)(5).................... No...............
63.6(b)(6).................... No............... [Reserved.]
63.6(b)(7).................... No...............
63.6(c)(1).................... Yes.............. Except that Sec.
63.1311 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. Does not
apply to Group 2
emission points,
unless they are
included in an
emissions
average.\a\
63.6(e)(1)(i)................. No............... This is addressed by
Sec. 63.1310(j)(4).
[[Page 38140]]
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.
63.1331), the start-
up, shutdown, and
malfunction plan
requirement of Sec.
63.6(e)(3)(i) is
limited to control
devices and is
optional for other
equipment. The start-
up, shutdown,
malfunction plan may
include written
procedures that
identify conditions
that justify a delay
of repair.
63.6(e)(3)(i)(A).............. No............... This is addressed by
Sec. 63.1310(j)(4).
63.6(e)(3)(i)(B).............. Yes..............
63.6(e)(3)(i)(C).............. Yes..............
63.6(e)(3)(ii)................ Yes..............
63.3(e)(3)(iii)............... No............... Recordkeeping and
reporting are
specified in Sec.
63.1335(b)(1).
63.6(e)(3)(iv)................ No............... Recordkeeping and
reporting are
specified in Sec.
63.1335(b)(1).
63.6(e)(3)(v)................. Yes..............
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.
63.1310(j)(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 Sec. 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.
63.1331.
63.6(f)(3).................... Yes..............
63.6(g)....................... Yes..............
63.6(h)....................... No............... Subpart JJJ 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. 63.1311(e)
and Sec.
63.1335(e)(3)(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. 63.1335(e)(5)
specifies 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. 63.1333(a)(4)
specifies
notification
requirements.
63.7(c)....................... No...............
63.7(d)....................... Yes..............
63.7(e)(1).................... Yes.............. Except that all
performance tests
shall be conducted
at maximum
representative
operating conditions
achievable at the
time without
disruption of
operations or damage
to equipment.
63.7(e)(2).................... Yes..............
63.7(e)(3).................... No............... Subpart JJJ specifies
requirements.
63.7(e)(4).................... Yes..............
63.7(f)....................... Yes.............. Except that Sec.
63.144(b)(5)(iii)(A)
and (B) shall apply
for process
wastewater. Also,
because 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 that the
requirements in Sec.
63.1335(e)(5) shall
apply instead of
references to the
Notification of
Compliance Status
report in Sec.
63.9(h). In
addition, equipment
leaks subject to
Sec. 63.1331 are
not required to
conduct performance
tests.
63.7(h)....................... Yes.............. Except Sec.
63.7(h)(4)(ii) is
not applicable,
because 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 JJJ specifies
locations to conduct
monitoring.
63.8(b)(3).................... Yes..............
63.8(c)(1).................... Yes..............
[[Page 38141]]
63.8(c)(1)(i)................. Yes..............
63.8(c)(1)(ii)................ No............... For all emission
points except
equipment leaks,
comply with Sec.
63.1335(b)(1)(i)(B);
for equipment leaks,
comply with Sec.
63.181(g)(2)(iii).
63.8(c)(1)(iii)............... Yes..............
63.8(c)(2).................... Yes..............
63.8(c)(3).................... Yes..............
63.8(c)(4).................... No............... Sec. 63.1334
specifies monitoring
frequency; not
applicable to
equipment leaks
because Sec.
63.1331 does not
require continuous
monitoring systems.
63.8(c)(5)-63.8(c)(8)......... No...............
63.8(d)....................... No...............
63.8(e)....................... No...............
63.8(f)(1)-63.8(f)(3)......... Yes..............
63.8(f)(4)(i)................. No............... Timeframe for
submitting request
is specified in Sec.
63.1335(f) or (g);
not applicable to
equipment leaks
because Sec.
63.1331 (through
reference to subpart
H) specifies
acceptable
alternative methods.
63.8(f)(4)(ii)................ No............... Contents of request
are specified in
Sec. 63.1335(f) or
(g).
63.8(f)(4)(iii)............... No...............
63.8(f)(5)(i)................. Yes..............
63.8(f)(5)(ii)................ No...............
63.8(f)(5)(iii)............... Yes..............
63.8(f)(6).................... No............... Subpart JJJ does not
require continuous
emission monitors.
63.8(g)....................... No............... Data reduction
procedures specified
in Sec. 63.1335(d)
and (h); not
applicable to
equipment leaks.
63.9(a)....................... Yes..............
63.9(b)....................... No............... Subpart JJJ does not
require an initial
notification.
63.9(c)....................... Yes..............
63.9(d)....................... Yes..............
63.9(e)....................... No............... Sec. 63.1333(a)(4)
specifies
notification
deadline.
63.9(f)....................... No............... Subpart JJJ does not
require opacity and
visible emission
standards.
63.9(g)....................... No...............
63.9(h)....................... No............... Sec. 63.1335(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. 63.1335(a)
specifies record
retention
requirements.
63.10(b)(2)................... No............... Subpart JJJ specifies
recordkeeping
requirements.
63.10(b)(3)................... No............... Sec. 63.1310(b)
requires
documentation of
sources that are not
affected sources.
63.10(c)...................... No............... Sec. 63.1335
specifies
recordkeeping
requirements.
63.10(d)(1)................... Yes..............
63.10(d)(2)................... No............... Sec. 63.1335(e)
specifies
performance test
reporting
requirements; not
applicable to
equipment leaks.
63.10(d)(3)................... No............... Subpart JJJ 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) may
be submitted at the
same time as
Periodic Reports
specified in Sec.
63.1335(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
unless they are
included in an
emissions average.
63.10(d)(5)(ii)............... No...............
63.10(e)...................... No............... Sec. 63.1335
specifies reporting
requirements.
63.10(f)...................... Yes..............
63.11......................... Yes.............. Except that instead
of Sec. 63.11(b),
Sec. 63.1333(e)
shall apply.
63.12......................... Yes.............. Except that the
authority of Sec.
63.1332(i) and the
authority of Sec.
63.177 (for
equipment leaks)
shall 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 unless they are
included in an emissions average.
[[Page 38142]]
Table 2 to Subpart JJJ of Part 63.--Group 1 Storage Vessels at Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
Vessel capacity (cubic meters) Vapor pressure \a\ (kilopascals)
----------------------------------------------------------------------------------------------------------------
75capacity 151.................................................... 13.1
151capacity....................................................... 5.2
----------------------------------------------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage temperature.
Table 6 to Subpart JJJ of Part 63.--Known Organic HAP Emitted From the Production of Thermoplastic Products
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organic HAP/chemical name (CAS No.)
----------------------------------------------------------------------------------------------------------------------
Thermoplastic product/subcategory Acetaldehyde Acrylonitrile 1,3 Butadiene 1,4-Dioxane Ethylene Glycol Methanol (67-56- Styrene (100-42-
(75-07-0) (107-13-1) (106-99-0) (123-91-1) (107-21-1) 1) 5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABS latex........................
BS using a batch emulsion process
ABS using a batch suspension
process.........................
ABS using a continuous emulsion
process.........................
ABS using a continuous mass
process.........................
ASA/AMSAN........................
EPS..............................
MABS.............................
BS...............................
Nitrile resin....................
PET using a batch dimethyl
terephthalate process...........
PET using a batch terephthalic
acid process....................
PET using a continuous dimethyl
terephthalate process...........
PET using a continuous
terephthalic acid process.......
PET using a continuous
terephthalic acid high viscosity
multiple end finisher process...
Polystyrene resin using a batch
process.........................
Polystyrene resin using a
continuous process..............
SAN using a batch process........
SAN using a continuous process...
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number.
ABS = Acrylonitrile butadiene styrene resin.
ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin.
EPS = expandable polystyrene resin.
MABS = methyl methacrylate acrylonitrile butadiene styrene resin.
PET = poly(ethylene terephthalate) resin.
SAN = styrene acrylonitrile resin.
MBS = methyl methacrylate butadiene styrene resin.
[[Page 38143]]
Table 7 of Subpart JJJ of Part 63.--Group 1 Batch Process Vents and Aggregate Batch Vent Streams--Monitoring,
Recordkeeping, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Parameters to be Recordkeeping and reporting requirements for
Control device monitored monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal incinerator................... Firebox temperature a.. 1. Continuous records as specified in Sec.
63.1326(e)(1).b
2. Record and report the average firebox
temperature measured during the performance
test--NCS.c
3. Record the batch cycle daily average firebox
temperature as specified in Sec.
63.1326(e)(2).
4. Report all batch cycle daily average
temperatures that are below the minimum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d, e
Catalytic incinerator................. Temperature upstream 1. Continuous records as specified in Sec.
and downstream of the 63.1326(e)(1).b
catalyst bed.
2. Record and report the average upstream and
downstream temperatures and the average
temperature difference across the catalyst bed
measured during the performance test--NCS.c
3. Record the batch cycle daily average
upstream temperature and temperature
difference across catalyst bed as specified in
Sec. 63.1326(e)(2).
4. Report all batch cycle daily average
upstream temperatures that are below the
minimum upstream value established in the NCS
or operating permit--PR.d, e
5. Report all batch cycle daily average
temperature differences across the catalyst
bed that are below the minimum difference
established in the NCS or operating permit--
PR.d,e
6. Report all instances when monitoring data
are not collected.e
Boiler or Process Heater with a design Firebox temperature a.. 1. Continuous records as specified in Sec.
heat input capacity less than 44 63.1326(e)(1).b
megawatts and where the batch process
vents or aggregate batch vent streams
are not introduced with or used as
the primary fuel.
2. Record and report the average firebox
temperature measured during the performance
test--NCSc
3. Record the batch cycle daily average firebox
temperature as specified in Sec.
63.1326(e)(2).d
4. Report all batch cycle daily average
temperatures that are below the minimum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d e
Flare................................. Presence of a flame at 1. Hourly records of whether the monitor was
the pilot light. continuously operating during batch emission
episodes, or portions thereof, selected for
control and whether a flame was continuously
present at the pilot light during said
periods.
2. Record and report the presence of a flame at
the pilot light over the full period of the
compliance determination--NCS.\c\
3. Record the times and durations of all
periods during batch emission episodes, or
portions thereof, selected for control when
all flames at the pilot light of a flare are
absent or the monitor is not operating.
4. Report the times and durations of all
periods during batch emission episodes, or
portions thereof, selected for control when
all flames at the pilot light of a flare are
absent--PR.\d\
Scrubber for halogenated batch process pH of scrubber 1. Continuous records as specified in Sec.
vents or aggregate batch vent streams effluent, and. 63.1326(e)(1). \b\
(Note: Controlled by a combustion
device other than a flare).
2. Record and report the average pH of the
scrubber effluent measured during the
performance test--NCS.\c\
3. Record the batch cycle daily average pH of
the scrubber effluent as specified in Sec.
63.1326(e)(2).
4. Report all batch cycle daily average pH
values of the scrubber effluent that are below
the minimum operating value established in the
NCS or operating permit and all instances when
monitoring data are not collected--PR.\d e\
Scrubber for halogenated batch process Scrubber liquid and gas 1. Records as specified in Sec. 63.1326(e)(1).
vents or aggregate batch vent streams flow rates [Sec. \b\
(Note: Controlled by a combustion 63.1324(b)(4)(ii)].
device other than a flare).
2. Record and report the scrubber liquid/gas
ratio averaged over the full period of the
performance test--NCS.\c\
3. Record the batch cycle daily average
scrubber liquid/gas ratio as specified in Sec.
63.1326(e)(2).
[[Page 38144]]
4. Report all batch cycle daily average
scrubber liquid/gas ratios that are below the
minimum value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d, e
Absorber \f\.......................... Exit temperature of the 1. Continuous records as specified in Sec.
absorbing liquid, and. 63.1326(e)(1).b
2. Record and report the average exit
temperature of the absorbing liquid measured
during the performance test--NCS.c
3. Record the batch cycle daily average exit
temperature of the absorbing liquid as
specified in Sec. 63.1326(e)(2) for each
batch cycle.
4. Report all the batch cycle daily average
exit temperatures of the absorbing liquid that
are below the minimum operating value
established in the NCS or operating permit and
all instances when monitoring data are not
collected--PR.d, e
Absorber f............................ Exit specific gravity 1. Continuous records as specified in Sec.
for the absorbing 63.1326(e)(1).b
liquid.
2. Record and report the average exit specific
gravity measured during the performance test--
NCS.c
3. Record the batch cycle daily average exit
specific gravity as specified in Sec.
63.1326(e)(2).
4. Report all batch cycle daily average exit
specific gravity values that are below the
minimum operating value established in the NCS
or operating permit and all instances when
monitoring data are not collected--PR.d, e
Condenser f........................... Exit (product side) 1. Continuous records as specified in Sec.
temperature. 63.1326(e)(1).b
2. Record and report the average exit
temperature measured during the performance
test--NCS.c
3. Record the batch cycle daily average exit
temperature as specified in Sec.
63.1326(e)(2).
4. Report all batch cycle daily average exit
temperatures that are above the maximum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d, e
Carbon Adsorber f..................... Total regeneration 1. Record the total regeneration steam flow or
steam flow or nitrogen nitrogen flow, or pressure for each carbon bed
flow, or pressure regeneration cycle.
(gauge or absolute)
during carbon bed
regeneration cycle(s),
and.
2. Record and report the total regeneration
steam flow or nitrogen flow, or pressure
during each carbon bed regeneration cycle
measured during the performance test--NCS.c
3. Report all carbon bed regeneration cycles
when the total regeneration steam flow or
nitrogen flow, or pressure is above the
maximum value established in the NCS or
operating permit--PR.d, e
Carbon Adsorber....................... Temperature of the 1. Record the temperature of the carbon bed
carbon bed after after each regeneration and within 15 minutes
regeneration and of completing any cooling cycle(s).
within 15 minutes of
completing any cooling
cycle(s).
2. Record and report the temperature of the
carbon bed after each regeneration and within
15 minutes of completing any cooling cycles(s)
measured during the performance test--NCS.\c\
3. Report all carbon bed regeneration cycles
when the temperature of the carbon bed after
regeneration, or within 15 minutes of
completing any cooling cycle(s), is above the
maximum value established in the NCS or
operating permit--PR.d, e
All control devices................... Diversion to the 1. Hourly records of whether the flow indicator
atmosphere from the was operating during batch emission episodes,
control device or. or portions thereof, selected for control and
whether a diversion was detected at any time
during said periods as specified in Sec.
63.1326(e)(3).
[[Page 38145]]
2. Record and report the times of all periods
during batch emission episodes, or portions
thereof, selected for control when emissions
are diverted through a bypass line or the flow
indicator is not operating--PR.\d\
All control devices................... Monthly inspections of 1. Records that monthly inspections were
sealed valves. performed as specified in Sec.
63.1326(e)(4)(i).
2. Record and report all monthly inspections
that show the valves are in the diverting
position or that a seal has been broken--
PR.\d\
Absorber, Condenser, and Carbon Concentration level or 1. Continuous records as specified in Sec.
Adsorber (as an alternative to the reading indicated by 63.1326(e)(1).\b\
requirements previously presented in an organic monitoring
this table). device at the outlet
of the control device.
2. Record and report the average batch vent
concentration level or reading measured during
the performance test--NCS.\c\
3. Record the batch cycle daily average
concentration level or reading as specified in
Sec. 63.1326(e)(2).
4. Report all batch cycle daily average
concentration levels or readings that are
above the maximum value established in the NCS
or operating permit and all instances when
monitoring data are not collected--PR.d, e
----------------------------------------------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
substantial heat exchange is encountered.
b ``Continuous records''; is defined in Sec. 63.111.
c NCS = Notification of Compliance Status described in Sec. 63.1335(e)(5).
d PR = Periodic Reports described in Sec. 63.1335(e)(6).
e The periodic reports shall include the duration of periods when monitoring data are not collected as specified
in Sec. 63.1335(e)(6)(iii)(C).
f Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
this table.
Table 8 to Subpart JJJ of Part 63--Operating Parameters for Which Levels
Are Required To Be Established for Continuous and Batch Process Vents
and Aggregate Batch Vent Streams
------------------------------------------------------------------------
Established
Device Parameters to be operating
monitored parameter(s)
------------------------------------------------------------------------
Thermal incinerator......... Firebox temperature. Minimum temperature.
Catalytic incinerator....... Temperature upstream Minimum upstream
and downstream of temperature; and
the catalyst bed. minimum temperature
difference across
the catalyst bed.
Boiler or process heater.... Firebox temperature. Minimum temperature.
Scrubber for halogenated pH of scrubber Minimum pH; and
vents. effluent; and minimum liquid/gas
scrubber liquid and ratio.
gas flow rates
[Sec. 63.1324(b)(4
)(ii)].
Absorber.................... Exit temperature of Maximum temperature;
the absorbing and maximum
liquid; and exit specific gravity.
specific gravity of
the absorbing
liquid.
Condenser................... Exit temperature.... Maximum temperature.
Carbon adsorber............. Total regeneration Maximum flow or
steam flow or pressure; and
nitrogen flow, or maximum
pressure (gauge or temperature.
absolute) a during
carbon bed
regeneration cycle;
and temperature of
the carbon bed
after regeneration
(and within 15
minutes of
completing any
cooling cycle(s)).
Other devices (or as an HAP concentration Maximum HAP
alternate to the level or reading at concentration or
requirements previously outlet of device. reading.
presented in this table) b.
------------------------------------------------------------------------
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure
swing absorbers.
b Concentration is measured instead of an operating parameter.
Table 9 of Subpart JJJ of Part 63--Routine Reports Required by This
Subpart
------------------------------------------------------------------------
Description of
Reference report Due date
------------------------------------------------------------------------
Sec. 63.1335(b) and Subpart Refer to Table 1 and Refer to Subpart A
A. Subpart A.
63.1335(e)(3)............... Precompliance Report Existing affected
\a\. sources--12 months
prior to the
compliance date.
New affected
sources--with
application for
approval of
construction or
reconstruction.
63.1335(e)(4)............... Emissions Averaging 18 months prior to
Plan. the compliance
date.
63.1335(e)(4)(iv)........... Updates to Emissions 120 days prior to
Averaging Plan. making the change
necessitating the
update.
[[Page 38146]]
63.1335(e)(5)............... Notification of Within 150 days
Compliance Status after the
\b\. compliance date.
63.1335(e)(6)............... Periodic Reports.... Semiannually, no
later than 60 days
after the end of
each 6-month
period. See Sec.
63.1335(e)(6)(i)
for the due date
for the first
report.
63.1335(e)(6)(xi)........... Quarterly reports No later than 60
for Emissions days after the end
Averaging. of each quarter.
First report is due
with the
Notification of
Compliance Status.
63.1335(e)(6)(xii).......... Quarterly reports No later than 60
upon request of the days after the end
Administrator. of each quarter.
63.1335(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.
63.1335(e)(7)(ii)........... Requests for Initial submittal is
Approval of a due with the
Nominal Control Emissions Averaging
Efficiency for Use Plan specified in
in Emissions Sec. 63.1335(e)(4)
Averaging. (ii); later
submittals are made
at the discretion
of the owner or
operator as
specified in Sec.
63.1335(e)(7)(ii)
(B).
63.1335(e)(7)(iii).......... Notification of For Notification
Change in the under Sec.
Primary Product. 63.1310(f)(3)(ii)--
notification
submittal date at
the discretion of
the owner or
operator.\c\
For Notification
under Sec.
63.1310(f)(4)(ii)--
within 6 months of
making the
determination.
------------------------------------------------------------------------
\a\ There may be two versions of this report due at different times; one
for equipment subject to Sec. 63.1331 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. 63.1331 and one for other emission
points subject to this subpart.
\c\ Note that the TPPU remains subject to this subpart until the
notification under Sec. 63.1310(f)(3)(i) is made.
[FR Doc. 00-11418 Filed 6-16-00; 8:45 am]
BILLING CODE 6560-50-P