[Federal Register Volume 67, Number 146 (Tuesday, July 30, 2002)]
[Proposed Rules]
[Pages 49398-49453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17360]
[[Page 49397]]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Site
Remediation; Proposed Rule
Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 /
Proposed Rules
[[Page 49398]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7241-6]
RIN 2060-AH41
National Emission Standards for Hazardous Air Pollutants: Site
Remediation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes National Emission Standards for Hazardous
Air Pollutants (NESHAP) under the authority of section 112 of the Clean
Air Act (CAA) for the site remediation source category. The EPA has
determined that site remediation activities can be major sources of
organic hazardous air pollutants (HAP) (including benzene, ethyl
benzene, toluene, vinyl chloride, xylenes) and other volatile organic
compounds (VOC). The range of potential human health effects associated
with exposure to these organic HAP and VOC include cancer, aplastic
anemia, upper respiratory tract irritation, liver damage, and
neurotoxic effects (e.g., headache, dizziness, nausea, tremors). The
proposed rule would implement section 112(d) of the CAA by requiring
those affected site remediation activities to meet emissions
limitations, operating limit, and work practice standards reflecting
the application of the maximum achievable control technology (MACT).
When implemented, we estimate that the proposed rule would reduce
annual regulated HAP emissions from the source category by
approximately 50 percent or 570 megagrams per year (Mg/yr) (630 tons
per year (tpy)) and reduce nationwide VOC emissions by 3,680 Mg/yr
(4,050 tpy).
DATES: Comments. Submit comments on or before September 30, 2002.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by September 19, 2002, a public hearing will be held on
August 27, 2002.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-99-20, U.S. EPA, 1200
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier,
deliver comments (in duplicate if possible) to: Air and Radiation
Docket and Information Center (6102), Attention Docket Number A-99-20,
U.S. EPA, 401 M Street, SW, Washington, D.C. 20460. The EPA requests
that a separate copy also be sent to the contact person listed below
(see FOR FURTHER INFORMATION CONTACT).
Public Hearing. If a public hearing is held, it will be begin at
10:00 a.m. and will be held at the new EPA facility complex in Research
Triangle Park, North Carolina, or at an alternate site nearby. You
should contact Ms. JoLynn Collins, Waste and Chemical Processes Group,
Emission Standards Division, U.S. EPA (C439-03), Research Triangle
Park, NC 27711, telephone (919) 541-5671 to request a public hearing,
to request to speak at a public hearing, or to find out if a hearing
will be held.
Docket. Docket No. A-99-20 contains supporting information used in
developing the standards. The docket is located at the U.S. EPA, 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. Copies of docket
materials may be obtained by request from the Air Docket by calling
(202) 260-7548. A reasonable fee may be charged for copying docket
materials.
FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, Waste and Chemical
Processes Group, Emission Standards Division (C439-03), U.S. EPA,
Research Triangle Park, NC 27711, telephone number (919) 541-3078,
facsimile number (919) 541-0246, electronic mail address
``[email protected]''.
SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted
by electronic mail (e-mail) to: ``[email protected].'' Electronic
comments must be submitted as an ASCII file to avoid the use of special
characters and encryption problems. Comments will also be accepted on
disks in WordPerfect[reg] file format. All comments and data submitted
in electronic form must note the docket number: A-99-20. No
confidential business information (CBI) should be submitted by e-mail.
Electronic comments may be filed online at many Federal Depository
libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Attention Mr. Greg Nizich, c/o
OAQPS Document Control Officer, U.S. EPA (C404-02), RTP, NC 27711.
The EPA will disclose information identified as CBI only to the
extent allowed by the procedures set forth in 40 CFR part 2. If no
claim of confidentiality accompanies a submission when it is received
by the EPA, the information may be made available to the public without
further notice to the commenter.
Public Hearing. Persons interested in presenting oral testimony or
inquiring whether a hearing is to be held should contact Ms. JoLynn
Collins of the EPA at (919) 541-5671 at least 2 days before the public
hearing. Persons interested in attending the public hearing must also
call Ms. Collins to verify the time, date, and location of the hearing.
The public hearing will provide interested parties the opportunity to
present data, views, or arguments concerning the proposed standards.
Docket. The docket is an organized and complete file of all the
information considered by the EPA in the development of the proposed
rule. 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 potentially affected industries 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 CAA.) The regulatory text and other materials related to the
proposed rule are available for review in the docket, or copies may be
mailed on request from the Air Docket by calling (202) 260-7548. 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 the proposed rule is also available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of the proposed rule will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: 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.
Background Information. The background information for the proposed
rule is not contained in a formal background information document.
Background information we used in developing the proposed rule is
presented in technical memoranda that
[[Page 49399]]
we have included in Docket No. A-99-20.
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Category NAICS* Examples of regulated entities
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Industry..................... 325211 Site remediation activities at
325192 businesses at which organic
325188 materials currently are or
32411 have been in the past stored,
49311 processed, treated, or
49319 otherwise managed at the
48611 facility. These facilities
42269 include: organic liquid
42271 storage terminals, petroleum
refineries, chemical
manufacturing facilities, and
other manufacturing
facilities with collocated
site remediation activities.
Federal Government........... ......... Federal agency facilities that
conduct site remediation
activities.
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* North American Industry Classification System (NAICS) code.
Representative industrial codes at which site remediation activities
have been or are currently conducted at some but not all facilities
under a given code. The list is not necessarily comprehensive as to
the types of facilities at which a site remediation cleanup may
potentially be required either now or in the future.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that we are now aware
could potentially be regulated by this action.
A comprehensive list of North American Industry Classification
System (NAICS) codes cannot be compiled for businesses or facilities
potentially regulated by the proposed rule due to the nature of
activities regulated by the source category. The industrial code alone
for a given facility does not determine whether the facility is or is
not potentially subject to the proposed rule. The proposed rule may be
applicable to any type of business or facility at which a site
remediation is conducted to clean up media contaminated with organic
HAP and other hazardous material. Thus, for many businesses and
facilities subject to the proposed rule, the regulated sources (i.e.,
the site remediation activities) are not the predominant activity,
process, operation, or service conducted at the facility. In these
cases, the industrial code indicates a primary product produced or
service provided at the facility rather than the presence of a site
remediation performed to support the predominant function of the
facility. For example, NAICS code classifications where site
remediation activities are currently being performed at some but not
all facilities include, but are not limited to, petroleum refineries
(NAICS code 32411), industrial organic chemical manufacturing (NAICS
code 3251xx) and plastic materials and synthetics manufacturing (NAICS
code 3252xx). However, we are also aware of site remediation activities
potentially subject to the proposed rule being performed at facilities
listed under NAICS codes for refuse systems, waste management, business
services, miscellaneous services, and nonclassifiable.
To determine whether your facility is regulated by the action, you
should carefully examine the applicability criteria in the proposed
rule. If you have questions regarding the applicability of the proposed
rule to a particular entity, consult the person listed in the preceding
FOR FURTHER INFORMATION CONTACT section of this document.
Outline. The following outline is provided to assist you in reading
this preamble.
I. Background
A. What is the source of authority for development of the
proposed rule?
B. What is a site remediation?
C. Why is site remediation a unique NESHAP source category?
D. What are the sources of organic HAP emissions from site
remediation activities?
E. What are the potential health effects associated with organic
HAP emitted from site remediation activities?
F. What is the relationship of the proposed rule to other EPA
regulatory actions affecting site remediation activities?
G. What criteria are used in the development of NESHAP?
II. Summary of the Proposed Rule
A. Who is affected by the proposed rule?
B. What are the affected sources?
C. What are the standards for process vents?
D. What are the standards for remediation material management
units?
E. What are the standards for equipment leaks?
F. What are requirements for remediation material sent off-site?
G. What are the general compliance requirements?
H. What are the testing and initial compliance requirements?
I. What are the continuous compliance provisions?
J. What are the notification, recordkeeping, and reporting
requirements?
K. What are the implications of this NESHAP for Clean Air Act
title V requirements?
L. What are the implications of this NESHAP for Clean Air Act
New Source Review Requirements?
III. Rationale for Selecting the Proposed Standards
A. What is the scope of the source category to be regulated?
B. How did we select the pollutants to be regulated?
C. How did we select the affected source to be regulated?
D. How did we determine MACT for the affected sources?
E. How did we select the format of the proposed standards?
F. How did we select the testing and initial compliance
requirements?
G. How did we select the continuous compliance requirements?
H. How did we select the notification, recordkeeping, and
reporting requirements?
IV. Summary of Environmental, Energy, and Economic Impacts
A. What are the emissions reductions?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air quality health, environmental, and
energy impacts?
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
E. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
F. Unfunded Mandates Reform Act of 1995
G. Regulatory Flexibility Act (RFA) as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
H. Paperwork Reduction Act
I. National Technology Transfer and Advancement Act
[[Page 49400]]
I. Background
A. What Is the Source of Authority for Development of the Proposed
Rule?
Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. The category
of major sources covered by today's proposed rule was listed on July
16, 1992 (57 FR 31576). Major sources of HAP are defined by section 112
of the CAA to be those sources that emit or have the potential to emit
at least 10 tpy of any single HAP or 25 tpy of any combination of HAP.
As a supplement to the list of source categories published on July 16,
1992, the EPA developed the publication entitled ``Documentation of
Developing the Initial Source Category List'' (EPA-450/3-91-030, July
1992). This document contains descriptions of the types of activities
included within each source category of major sources. This document
states that future information may be used to refine the source
category descriptions (EPA-450/3-91-030, page A-2).
We included site remediation on the NESHAP source category list to
address HAP emissions from technologies and work practices used to
clean up or reduce chemical contamination in soils, groundwater, other
types of contaminated media and other materials at those facilities
that are major sources of HAP as defined by section 112(a)(1) of the
CAA.
During the initial development of the proposed rule, we obtained
additional information regarding the cleanup of contamination from
leaking underground storage tanks at those facilities that are not
associated with industrial or manufacturing facilities and where the
predominant, if not only, potential source of HAP emissions is the
remediation cleanup activity itself (e.g., cleanup of contaminated soil
or groundwater due to a leaking underground tank at a small commercial
business, farm, or private residence). Our analysis shows that the HAP
emissions from a typical cleanup of contamination from the size and
types of underground tanks commonly used at these facilities to store
motor fuels or heating oils is significantly below the major source
levels (i.e., 10 tpy of a single HAP or 25 tpy of all HAP) (see docket
A-99-20). Therefore, we plan to modify our initial description for the
site remediation source category to exclude remediation activities at
residential and farm sites, and from leaking underground storage tanks
located at gasoline service stations (businesses typically associated
with NAICS codes 447110 and 447190). The source category description
will be revised at the next update of the source category list as
required under CAA section 112(c).
B. What Is a Site Remediation?
A site remediation is performed in response to the release of
hazardous substances into the environment (e.g., soil, groundwater, or
other environmental media). It involves taking appropriate action to
remove, store, treat, and/or dispose of the hazardous substances to the
extent necessary to protect human health and the environment. The term
``cleanup'' generally refers to the activities performed to address the
hazardous substance contamination. This term frequently is used
interchangeably with the term ``remediation.''
Site remediations can be performed to address hazardous substance
contamination resulting from either past or current human activities.
Examples of such activities include accidental releases of chemical
substances; undetected leaks in tanks or pipelines; releases from the
use of incorrectly designed or poorly maintained equipment for the
management of materials containing hazardous substances; improper
disposal of hazardous substances in surface impoundments, containers,
waste piles, or landfills; and abandoned hazardous substances.
Organic materials such as chlorinated hydrocarbons, petroleum
products, polycyclicaromatic hydrocarbons, and phenols are emitted into
the air from site remediations. Site remediations are also performed to
clean up contamination from the release of heavy metals (most commonly
lead, chromium, arsenic, and cadmium) and other inorganic hazardous
substances.
Some site remediations address contamination resulting from
management practices used at a given facility for special types of
waste materials such as mixed wastes (wastes containing both
radioactive and non-radioactive hazardous constituents) and low-level
radioactive wastes.
The actions taken at a given contamination site to protect human
health and the environment vary depending on site-specific conditions
such as the composition, physical form, and quantity of the hazardous
substance and the relative degree of contamination. Typically,
remediation or cleanup activities involve a contaminated media of one
physical form or another (e.g., contaminated soil or groundwater).
However, at some sites remediation or cleanup involves materials other
than contaminated media; this might include, for example, wastes left
in tanks and containers or other ``pure'' materials in the environment
that do not include media (e.g., oil pumped from below ground). We use
the term ``remediation material'' for both contaminated media and pure
materials that are remediated.
At some sites, the remediation material is left undisturbed and
containment techniques are used to prevent or significantly reduce
further migration of the contaminants to surrounding soils or to
underlying groundwater aquifers (e.g., installation of a physical
barrier or cap on the surface of a contaminated landfill). At many
sites, the remediation material is treated to remove or destroy the
hazardous substance, transform the hazardous substance into a non-
hazardous form, or reduce the concentration of the hazardous substance
below a threshold level.
Treatment processes are available that allow the remediation
material to be treated in place (commonly referred to as ``in situ''
treatment). Other treatment processes require first extracting the
remediation material from the ground and then placing it in a treatment
unit located at the site (commonly referred to as ``ex situ''
treatment).
Alternatively, all of the remediation material may be extracted
from the site and the remediation material sent off-site to a facility
for treatment or disposal, as appropriate for the form and
characteristics of the remediation material (e.g., contaminated soils
trucked to a hazardous waste treatment, storage, and disposal facility;
or contaminated groundwater discharged through a sewer system to a
publicly owned treatment works).
C. Why Is Site Remediation a Unique NESHAP Source Category?
The development of a NESHAP for site remediation presents a unique
set of considerations unlike any other source category for which we
have established a NESHAP. The sole purpose of conducting a site
remediation is to clean up an existing environmental problem. Any HAP
emissions from site remediation are the direct result of the remedial
activities or operations taken with the intent of protecting human
health and the environment from exposure to hazardous substances. The
HAP emissions do not result from processing or refining raw material,
manufacturing a product, distributing a product to consumers, or even
managing waste to avoid an environmental problem. In developing a
NESHAP for site remediation, careful consideration
[[Page 49401]]
must be given to establishing a proposed rule that balances the need
for effective HAP emissions control with the overall goal of removing
the threat to human health and the environment posed by the hazardous
substances in the remediation material.
Site remediation cannot be categorized by a particular industry
sector or group of industry sectors. Site remediation potentially may
be conducted at any type of business or facility at which contamination
has occurred due to past events or current activities at the facility.
These facilities may be privately or government owned. Site remediation
is also performed at facilities that have closed or have been
abandoned.
Implementation problems resulting from the fact that a Site
Remediation NESHAP would potentially be applicable to facilities across
a wide spectrum of industry sectors are not insurmountable. We have
promulgated NESHAP for some source categories that also affect multiple
industry sectors. For example, many types of businesses and federal
facilities in the United States have operations subject to the Off-Site
Waste and Recovery Operations (OSWRO) NESHAP under 40 CFR part 63,
subpart DD. Establishing a NESHAP for this type of broad-based source
category, however, does affect the regulatory approach and format used
as well as how to evaluate the impacts of the proposed rule.
For the NESHAP source categories defined in terms of a specific
industrial or manufacturing sector, the facilities comprising the
source category (or, in some cases, subcategories within the source
category) share similar processes and emissions points. In contrast to
these NESHAP source categories, the HAP emissions sources in the site
remediation source category are dependent on site-specific factors.
These factors determine the remedy required for a cleanup and, thereby,
the sources and level of air emissions released, if any, by
implementing activities associated with the selected remedy.
Another consideration is the finite period for which a site
remediation is conducted. The objective of a site remediation is to
mitigate a detected risk to public health or the environment by
successfully completing the cleanup of the area contaminated by a
hazardous substance. For NESHAP source categories associated with
industrial processes or product distribution, the air emission sources
typically remain in operation for many years (i.e., 10 years, 20 years,
or even longer for some sources). Once an existing source reaches the
end of its useful service life, it is often reconstructed or replaced
with a new source. In contrast, the air emission sources associated
with site remediations cease to exist once the remediation cleanup
criteria are achieved. Depending on site-specific facts such as the
extent of the contamination and the type of remediation activities
needed, the life span of a given site remediation may be a short period
lasting several weeks to a more extended period lasting several years.
Even for those site remediation activities requiring a number of years
to complete, it is important to recognize that ultimately the
remediation activities at a facility will be completed, and the air
emission sources will no longer exist.
D. What Are the Sources of Organic HAP Emissions From Site Remediation
Activities?
Site remediation activities may emit HAP. The levels of organic HAP
emissions at any given facility at which a cleanup of remediation
material is being conducted depends on site-specific factors including
the type of processes used and activities conducted; the quantity,
organic HAP composition, and other characteristics of the remediation
material; and the time required to complete the cleanup. The following
sections briefly summarize potential types of HAP emission sources
related to site remediation activities.
1. In situ Treatment Processes
In situ treatment processes are available for cleanup of soils and
groundwater contaminated with hazardous organic substances. The in situ
processes most frequently in use at existing remediation sites
physically extract volatile and semi-volatile organics by inducing
controlled air flow through the remediation material. Examples of these
processes are soil vapor extraction for contaminated soil and air
sparging for contaminated groundwater. If not controlled, the organic
vapors extracted from the soil or aqueous media are released directly
to the atmosphere. Bioremediation is another category of in situ
treatment process that is commonly used to remove organic contaminants.
These processes are destruction processes based on stimulating microbes
in the soil or groundwater to grow using the organic contaminant
compound as a food and energy source. A variety of other chemical,
thermal, and physical treatment processes also have been used in
limited numbers of in situ applications.
Organic HAP emissions from in situ treatment processes primarily
occur through a process vent. A process vent is a pipe or duct that
extends above ground level through which an air or gas stream from the
remediation process is exhausted to the atmosphere. Emissions occur at
the point at which the organic vapor stream exits the process vent
outlet into the atmosphere. Because in situ treatment allows the
contaminated material to be treated in place, the primary HAP emissions
points for in situ treatment processes are process vents. Avoiding the
need to first extract the contaminated media eliminates potential HAP
sources associated with accumulating, handling, storing, and treating
the remediation material in aboveground units.
2. Ex situ Treatment Processes
Ex situ treatment processes also remove, destroy, or transform the
contaminants but first require the contaminated media to be extracted
from the ground or water body before it can be treated. For a given
site, using an ex-situ treatment process in place of an in situ
treatment process generally allows the remediation to be completed in a
shorter period; it also provides greater control of the consistency of
the treatment results because of the ability to mix the extracted
materials and better adjust the process parameters for optimal
performance. However, total remediation costs likely will be higher
using an ex situ treatment because of additional costs for material
extraction and handling, worker protection, treated residual disposal,
and other factors.
Many ex situ processes treat the extracted material in a tank,
vessel, reactor, combustion unit, or similar type of contained process
unit. Extracted material for some ex situ treatment processes is
treated directly on the land surface or in a surface impoundment. The
ex situ treatment processes frequently used at remediation sites are
groundwater pump and treat, solidification/stabilization, and
incineration. Thermal desorption, bioremediation, and air stripping are
also types of ex situ treatment technologies commonly used for cleanup
of soils and groundwater contaminated with hazardous organic
substances.
Solidification/stabilization technologies are primarily used to
treat metals and other types of inorganic contaminants. In general,
these technologies have limited effectiveness for treatment of
organics. Solidification and stabilization processes reduce the
mobility of a contaminant by physically binding or enclosing it within
a
[[Page 49402]]
stabilized mass (solidification), or by chemically binding to a
stabilizing agent (stabilization).
Incineration can be used to destroy organics in contaminated soils
and other contaminated solid wastes by combustion at high temperatures
(i.e., 870 to 1,200 deg.C (1,400 to 2,200 deg.F)). The contaminated
material is burned in a rotary, circulating-bed, fluidized-bed, or
other type of combustor. Often an auxiliary fuel such as natural gas is
also burned to initiate and sustain combustion of the contaminated
material. Treatment of contaminated materials by incineration is most
frequently conducted by sending the material to a permanent, off-site
incinerator facility, although mobile incinerators are available and
sometimes brought on-site. Incinerators used to treat remediation
wastes are subject to existing air emission regulations. We promulgated
interim standards for the NESHAP for hazardous waste combustion sources
under 40 CFR part 63, subpart EEE with final standards to be
promulgated by June 14, 2005. If the remediation wastes are classified
as hazardous under the Resource Conservation and Recovery Act (RCRA)
subtitle C regulations, the waste must be burned in a RCRA-permitted
incinerator. Incinerators required to meet the hazardous waste
combustion NESHAP or RCRA standards use extensive air pollution control
systems to achieve emissions limitation standards for organics,
particulate matter, metals, and chloride emissions. These systems treat
the incinerator exhaust gas stream to control emissions of particulate
matter, acid gases, and other pollutants.
Thermal desorption is another process used for treating
contaminated soils. Unlike incineration, the process is not designed to
destroy organics but instead to physically separate the organics from
the media. The contaminated soil or other material is heated in a
vessel to volatilize organic compounds. Two common vessel designs are
the rotary dryer and thermal screw. The bed temperatures and residence
times used for the process are at a level that will volatilize selected
organic contaminants but will typically not oxidize them. A carrier gas
or vacuum system is used to vent the volatilized organics from the
vessel to a gas stream treatment system where the organic vapors are
removed or destroyed. The organic contaminants typically are either
removed through condensation followed by carbon adsorption, or they are
destroyed in a secondary combustion chamber or a catalytic oxidizer.
The thermal desorption process is used at site remediation
activities for the separation of organics from refinery wastes,
hydrocarbon-contaminated soils, coal tar wastes, wood-treating wastes,
creosote-contaminated soils, pesticides, and paint wastes. Many of
these process units are transportable and are temporarily set up at the
remediation site for the duration of the cleanup.
Air stripping is a physical separation process widely used to
remove volatile organics from contaminated groundwater. Air stripping
involves the mass transfer of VOC from the water to air by contacting
the water with an induced air flow. For groundwater remediation, the
air stripping process is typically conducted by pumping the groundwater
from extraction wells to a packed tower or an aeration tank. Air
strippers can be operated continuously or in a batch mode where the air
stripper is intermittently fed from a collection tank. Using batch mode
operation improves the air stripper performance consistency and energy
efficiency compared to a continuously operated unit because mixing in
the storage tanks provides a uniform feed water composition.
The typical packed tower air stripper uses a spray nozzle at the
top of a tower to distribute the contaminated water over packing in the
column. A fan or blower forces air upward from the bottom of the tower
countercurrent to the water flow. A sump at the bottom of the tower
collects decontaminated water while a vent on the top of the tower
discharges the air/vapor stream. Depending on the organic
concentrations in the groundwater and local air permitting
requirements, the vent stream may be discharged directly to the
atmosphere or through an appropriate organic air emission control
device such as activated carbon adsorber, catalytic vapor oxidizer, or
thermal vapor oxidizer.
Aeration tanks strip VOC by bubbling air into an open-top tank
through which contaminated water flows. A forced air blower and a
distribution manifold are designed to provide good air-water contact
without the need for any packing materials. If the aeration tank is
uncovered, the stripped VOC are emitted to the atmosphere.
Bioremediation technologies are successfully used to clean up
excavated soils, dredged sludges and sediments, and pumped groundwater
contaminated with petroleum hydrocarbons, solvents, pesticides, wood
preservatives, and other organic chemicals. These processes rely on
indigenous or inoculated micro-organisms (e.g., fungi, bacteria, and
other microbes) to degrade organic contaminants found in the soil or
groundwater by metabolism. In the presence of sufficient oxygen
(aerobic conditions) and other nutrient elements, microorganisms
convert many organic compounds to carbon dioxide, water, and microbial
cell mass. In the absence of oxygen (anaerobic conditions),
microorganisms convert the organic compounds to methane, limited
amounts of carbon dioxide, and trace amounts of hydrogen gas.
For ex situ biotreatment of contaminated soils and dredged
sediments, the excavated material is first processed to physically
separate stones and other debris. The contaminated solids are then
mixed with water to a predetermined concentration dependent upon the
concentration of the contaminants, the rate of biodegradation, and the
physical nature of the soils. This soil slurry is placed in a reactor
vessel (i.e., a bioreactor) and mixed with nutrients and, in some
cases, other additives. If the process is an aerobic process, air or
oxygen is blown into the reactor. When biodegradation is complete, the
soil slurry is dewatered using clarifiers, pressure filters, vacuum
filters, sand drying beds, or centrifuges. Use of ex situ bioreactors
often is favored over using an in situ bioremediation process for
heterogenous soils, low-permeability soils, or when a shorter
remediation period is required.
Biodegradation processes are used at many industrial facilities to
treat process wastewaters containing organics. These same processes can
be used to treat contaminated groundwater containing organics. At those
remediation sites where bioremediation is used to treat contaminated
groundwater pumped from the ground, the common practice is to discharge
the water either to the facility's existing process wastewater
treatment facility or directly to a sewer for treatment at an off-site
wastewater treatment facility.
As an alternative to conducting biodegradation in a bioreactor or
other type of enclosed vessel, land treatment and land farming are open
biodegradation processes performed on top of the ground surface. For
these processes, the extracted material is applied on top of the ground
in thin, lined beds or, in some cases, tilled directly back into the
upper soil layer. Aerobic microbes decompose the organic compounds
contained in the applied material. The material is periodically turned
over or tilled to aerate the waste. Organic emissions are generated due
to the volatilization of organics from the exposed surface of the
[[Page 49403]]
materials primarily during initial application and tilling. After
application and tilling, organic emissions continue to occur from the
material mixture, although at a decreasing rate, until nearly all of
the volatile organics originally in the applied material are either
emitted or biologically degraded.
Like in situ treatment processes, primary sources of HAP emissions
from many types of ex situ treatment processes are process vents.
However, unlike in situ treatment processes, there are other potential
HAP emissions sources associated with ex situ treatment processes
because the contaminated media is extracted from the ground and
subsequently managed at the facility as essentially a waste material.
Even if treatment of the material is not performed at the facility, any
tanks, containers, and other types of equipment used to handle and/or
temporarily store the material before it is shipped off-site are
potential sources of air emissions. These potential HAP emissions
sources are discussed in the next section.
3. Other Extracted-Media Sources
Material extraction activities. Depending on the characteristics of
the remediation material and the extraction method used, organic HAP
may be emitted by the extraction activities. Soils, sludges, and
sediments are frequently extracted using heavy construction equipment.
Volatilization of organics from the freshly exposed surfaces of the
extracted materials can release organic HAP into the atmosphere.
Tanks. Tanks can be used at a facility to accumulate, temporarily
store, or treat extracted materials containing organics. These tanks
can either be open tanks (i.e., the surface of the waste material is
exposed directly to the atmosphere) or covered tanks (i.e., the surface
of the waste material is enclosed by a roof or cover). Organic HAP
emissions result from the volatilization of organic-containing
materials placed in the tank, and the subsequent release of these
organic vapors to the atmosphere. For open tanks, the organic vapors
released from the surface of the material are dispersed immediately
into the atmosphere by diffusion and wind effects. Covering a tank
(referred to as a ``fixed-roof tank'') significantly lowers organic
emissions compared to open tanks. However, organic HAP emissions still
occur from fixed-roof tanks from the displacement of organic vapors
that have collected in the enclosed space above the surface of the
stored material through vents on the tank roof. This displacement
occurs during tank filling operations when the vapors are pushed out
through the tank vents by the rising level of material in the tank
(commonly referred to as ``working losses'') and to a lesser extent,
when the volume of the vapor in the tank is increased by fluctuations
in ambient temperature or pressure (commonly referred to as ``breathing
losses''.) The quantity of organic emissions from a fixed-roof tank
varies depending on volatility of the organic constituents in the
extracted materials.
Separators. Separators are used to separate oil or organics from
water. Organic emissions from these sources are similar to those
occurring from open-top wastewater treatment tanks.
Containers. Containers such as drums, dumpsters, and roll-off boxes
may be used to accumulate, store, and treat extracted materials.
Organic HAP emissions from containers can result from several emission
mechanisms. Organic emissions occur during loading of liquid, slurry,
and sludge waste materials into containers due to the displacement of
organic vapors to the atmosphere through container openings by the
rising level of material in the container. Once loaded, containers that
remain open to the atmosphere are an emission source when organics
evaporate from the exposed surface of the material placed in the
container.
Surface Impoundments. Although extracted groundwater, slurries, and
sludge materials are managed in tanks at most site remediations, these
materials under special circumstances may be managed in surface
impoundments. A surface impoundment is an earthen pit, pond, or lagoon.
Organic emissions from surface impoundments occur as organics evaporate
from the exposed surface of the materials placed in the impoundment.
Surface impoundments containing organic-containing materials may have
high organic emissions because of the large exposed surface area and
the extended residence time that materials remain in the impoundment
(sometimes weeks or months).
Transfer Equipment. Organic HAP emissions can potentially occur
during the transfer of a material if the transfer system is open to the
atmosphere. Volatilization of organics from the exposed surfaces of the
extracted materials can release organic HAP into the atmosphere.
Examples of such systems include individual drain systems (with all
associated drains, junction boxes, and sewer lines), channels, flumes,
gravity-operated conveyors (such as a chute), and mechanically-powered
conveyors (such as a belt or screw conveyor).
Equipment Leaks. Leaks from pumps, valves, and other ancillary
equipment needed to operate material handling and treatment processes
can be a potential source of organic HAP emissions. Organic vapors can
be emitted directly to the atmosphere by flowing through small openings
created in worn or defective pump and valve packings, flange gaskets,
or other types of equipment seals. In addition, organic emissions occur
when liquids leak outside the equipment exposing the leaked fluid to
the ambient air. Emissions result when organics contained in the drip,
puddle, or pool of leaked liquid evaporate into the atmosphere.
Although the quantity of organic emissions from a single leak is small,
when many equipment leaks occur at a facility, the total organic HAP
emissions from equipment leaks can be significant.
E. What Are the Potential Health Effects Associated With Organic HAP
Emitted From Site Remediation Activities?
The range of potential human health effects associated with
exposure to organic HAP and VOC include cancer, aplastic anemia, upper
respiratory tract irritation, liver damage, and neurotoxic effects
(e.g., headache, dizziness, nausea, tremors). Thus, the proposed rule
has the potential for providing both cancer and noncancer related
health benefits. The following is a summary of the potential health
effects associated with exposure to some of the primary HAP emitted
from site remediation activities.
1. Benzene
Acute (short-term) inhalation exposure of humans to benzene may
cause drowsiness, dizziness, and headaches, as well as eye, skin, and
respiratory tract irritation, and, at high levels, unconsciousness.
Chronic (long-term) inhalation exposure has caused various disorders in
the blood, including reduced numbers of red blood cells and aplastic
anemia, in occupational settings. Reproductive effects have been
reported for women exposed by inhalation to high levels, and adverse
effects on the developing fetus have been observed in animal tests.
Increased incidence of leukemia (cancer of the tissues that form white
blood cells) has been observed in humans occupationally exposed to
benzene. We have classified benzene as a Group A, known human
carcinogen.
2. Ethyl benzene
Acute exposure to ethyl benzene in humans results in respiratory
effects such as throat irritation and chest
[[Page 49404]]
constriction, irritation of the eyes, and neurological effects such as
dizziness. Chronic exposure to ethyl benzene by inhalation in humans
has shown conflicting results regarding its effects on the blood.
Animal studies have reported effects on the blood, liver, and kidneys
from chronic inhalation exposures. No information is available on the
developmental or reproductive effects of ethyl benzene in humans, but
animal studies have reported developmental effects, including birth
defects in animals exposed via inhalation. We have classified ethyl
benzene in Group D, not classifiable as to human carcinogenicity.
3. Toluene
Humans exposed to toluene for short periods may experience
irregular heartbeat and effects on the central nervous system (CNS)
such as fatigue, sleepiness, headaches, and nausea. Repeated exposure
to high concentrations may induce loss of coordination, tremors,
decreased brain size, and involuntary eye movements, and may impair
speech, hearing, and vision. Chronic exposure to toluene in humans has
also been indicated to irritate the skin, eyes, and respiratory tract,
and to cause dizziness, headaches, and difficulty with sleep. Children
exposed to toluene before birth may suffer CNS dysfunction, attention
deficits, and minor face and limb defects. Inhalation of toluene by
pregnant women may increase the risk of spontaneous abortion. We have
developed a reference concentration of 0.4 milligrams per cubic meters
(mg/m\3\) for toluene. Inhalation of this concentration or less over a
lifetime would be unlikely to result in adverse noncancer effects. No
data exist that suggest toluene is carcinogenic. We have classified
toluene in Group D, not classifiable as to human carcinogenicity.
4. Vinyl Chloride
Acute exposure to high levels of vinyl chloride in air has resulted
in CNS effects such as dizziness, drowsiness, and headaches in humans.
Chronic exposure to vinyl chloride through inhalation has resulted in
liver damage to humans. Human and animal studies show adverse effects
that raise a concern about potential reproductive and developmental
hazards to humans from exposure to vinyl chloride. Cancer is a major
concern from exposure to vinyl chloride via inhalation, as vinyl
chloride exposure has been shown to increase the risk of a rare form of
liver cancer in humans. We have classified vinyl chloride as a Group A,
known human carcinogen.
5. Xylenes
Acute inhalation of mixed xylenes (a mixture of three closely
related compounds) in humans may cause irritation of the nose and
throat, nausea, vomiting, gastric irritation, mild transient eye
irritation, and neurological effects. Chronic inhalation of xylenes in
humans may result in CNS effects such as headaches, dizziness, fatigue,
tremors, and incoordination. Other reported effects include labored
breathing, heart palpitation, severe chest pain, abnormal
electrocardiograms, and possible effects on the blood and kidneys. We
have classified xylenes in Group D, not classifiable as to human
carcinogenicity.
6. Volatile Organic Compounds
By requiring facilities to reduce organic HAP emitted from site
remediation activities, the proposed rule would also reduce emissions
of those VOC that are not HAP but contribute to adverse human health
affects. Many VOC react photochemically with nitrogen oxides in the
atmosphere to form tropospheric (low-level) ozone. A number of factors
affect the degree to which VOC emission reductions will reduce ambient
ozone concentrations.
Human laboratory and community studies have shown that exposure to
ozone levels that exceed the national ambient air quality standards
(NAAQS) can result in various adverse health impacts such as
alterations in lung capacity and aggravation of existing respiratory
disease. Animal studies have shown increased susceptibility to
respiratory infection and lung structure changes. The VOC emissions
reductions resulting from the proposed rule will reduce low-level ozone
and have a positive impact toward minimizing these health effects.
Among the welfare impacts from exposure to air that exceeds the
ozone NAAQS are damage to some types of commercial timber and economic
losses for commercially valuable crops such as soybeans and cotton.
Studies have shown that exposure to excessive ozone can disrupt
carbohydrate production and distribution in plants. This can lead in
turn to reduced root growth, reduced biomass or yield, reduced plant
vigor (which can cause increased susceptibility to attack from insects
and disease and damage from cold), and diminished ability to
successfully compete with more tolerant species. In addition, excessive
ozone levels may disrupt the structure and function of forested
ecosystems.
F. What Is the Relationship of the Rule to Other EPA Regulatory Actions
Affecting Site Remediation Activities?
Existing requirements for site remediations conducted under the
Comprehensive Environmental Response and Compensation Liability Act
(CERCLA) and RCRA programs are administered under the oversight of
EPA's Office of Solid Waste and Emergency Response (OSWER). A site
remediation may be regulated under one of three OSWER programs.
1. Superfund Removal and Remedial Actions
Remediation activities under the Superfund program are exempt from
the requirements of the proposed rule. See discussion in section II.A
of this preamble.
2. RCRA Corrective Actions
Remediation activities under the RCRA Corrective Action program are
exempt from the requirements of the proposed rule. See discussion in
section II.A of this preamble.
3. Underground Storage Tanks
Subtitle I of RCRA directs the EPA to establish regulatory programs
to prevent, detect, and clean up releases from underground storage
tanks (UST) containing petroleum or hazardous substances listed under
section 101(14) of CERCLA (petroleum is specifically excluded from this
CERCLA list). The EPA's Office of Underground Storage Tanks is
responsible for developing and implementing the UST program. Federal
regulations for UST have been developed which specify requirements for
tank notification, interim prohibition, new tank standards, reporting
and recordkeeping requirements for existing tanks, corrective action,
financial responsibility, compliance monitoring and enforcement, and
approval of State programs. The technical standards are codified in 40
CFR part 280 and 40 CFR part 281 with the list of CERCLA hazardous
substances in 40 CFR part 302.4.
The EPA is authorized under subtitle I to delegate UST regulatory
authority to approved State programs. States with delegated authority
administer and enforce their own approved UST program instead of the
Federal regulations. There are currently 25 States and the District of
Columbia with approved UST programs. Each of the approved State UST
programs is codified in 40 CFR part 282. In the other States without an
approved UST program, EPA administers and enforces the Federal
regulations.
[[Page 49405]]
An UST is a tank having a capacity greater than 110 gallons for
which the volume of the tank (including the volume of any connected
underground pipes) is 10 percent or more beneath the surface of the
ground. The major category of UST regulated under this program are
tanks used to store petroleum and petroleum-based substances including
crude oil, motor fuels, jet fuels, distillate fuel oils, residual fuel
oils, lubricants, petroleum solvents, and used oils. The regulations
also apply to underground tanks used to store any hazardous substance
defined in section 101(14) of CERCLA but are not regulated as a
hazardous waste under RCRA subtitle C. The regulations do not apply to
underground tanks used for a number of specific applications listed in
the applicability and definition sections of the rules.
The owners and operators of petroleum or hazardous substance UST
systems must clean up any spills, leaks, or other releases from the
tank into groundwater, surface water, or subsurface soils. Subpart F
under 40 CFR part 280 specifies the general requirements for a release
response and for corrective action. The specific requirements are
determined based on the site-specific circumstances. In cases where
contamination of soil or groundwater has occurred, the site remediation
may proceed according to a corrective action plan approved by the EPA
or the designated State or local agency responsible for implementing
the UST program at the UST site. Under the subpart F requirements, this
plan must provide for adequate protection of human health and the
environment as determined by the site-specific factors including an
exposure assessment.
G. What Criteria Are Used in the Development of NESHAP?
Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both new and existing sources. The CAA requires the
NESHAP to reflect the maximum degree of reduction in emissions of HAP
that is achievable. This level of control is commonly referred to as
MACT.
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the CAA. In essence, the MACT
floor ensures that standards are set at levels that assure that all
major sources achieve the level of control at least as stringent as
that already achieved by the better-controlled and lower-emitting
sources in each source category or subcategory. For new sources, the
MACT floor cannot be less stringent than the emission control that is
achieved in practice by the best-controlled similar source. The MACT
standards for existing sources can be less stringent than standards for
new sources, but they cannot be less stringent than the average
emission limitations achieved by the best-performing 12 percent of
existing sources in the category or subcategory (or the best-performing
5 sources for categories or subcategories with fewer than 30 sources).
In developing MACT, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on the consideration of cost of achieving the
emissions reductions, any health and environmental impacts, and energy
requirements.
II. Summary of the Proposed Rule
The proposed rule would amend title 40, chapter I, part 63 of the
Code of Federal Regulations by adding a new subpart GGGGG--National
Emission Standards for Hazardous Air Pollutants for Site Remediation.
The following is a summary of the requirements for the proposed rule.
A. Who is Affected by the Proposed Rule?
1. General Applicability
The proposed rule would affect owners and operators of facilities,
with certain exceptions described below, that are major sources of HAP
emissions, where a MACT activity is also conducted, and at which a site
remediation is performed. All three criteria must exist for the rule to
apply. For the purpose of implementing the proposed rule, a site
remediation is one or more activities or processes used to remove,
destroy, degrade, transform, or immobilize organic HAP constituents in
soils, sediments, groundwater, surface waters, or other types of solid
or liquid environmental media as well as pure materials that are not
mixed with environmental media.
2. Major Source Determination
A major source of HAP is defined under CAA section 112 as any
stationary source or group of stationary sources located within a
contiguous area and under common control that emits, or has the
potential to emit, any single HAP at a rate of 10 tons or more per year
or any combination of HAP at a rate of 25 tons or more per year. In
determining whether or not your facility is a major source, you would
consider all sources of HAP emissions or potential emissions at your
facility.
A major source determination includes consideration of a facility's
potential to emit (PTE) as well as actual emissions. The PTE is the
maximum capacity of a stationary source to emit under its physical and
operational design. Any physical or operational limitations on the
source to emit an air pollutant, including air pollution control
equipment and restrictions on hours of operation, or on the type or
amount of material combusted, stored, or processed, is treated as part
of the source's design if the limitation is enforceable by the EPA
Administrator.
There are a number of tools and resources available to assist an
owner or operator in estimating and inventorying their facility's or
source's HAP emissions. For example, our Air Clearinghouse for
Inventories and Emission Factors (CHIEF) website (www.epa.gov/ttn/chief/software/airchief) provides the public and private sector users
access to air emission data specific to estimating the types and
quantities of pollutants that may be emitted from a variety of sources.
For those sources or emission points most typically associated with
site remediation activities (such as tanks and surface impoundments),
our WATER9 computer program provides an analytical model for estimating
compound specific air emissions from waste and wastewater collection,
storage, and treatment systems.
For additional information on determining if your source is a major
source, EPA policy memoranda and other guidance on major source
determinations and PTE can be found on the Internet at www.epa.gov/ttn/oarpg under ``OAR Policy and Guidance Information'' or on the Air
Toxics Website at www.epa.gov/ttn/atw/pte/ptepa
3. MACT Activity
A ``MACT activity'' is defined as a non-remediation activity that
is covered by one of the listed major source categories. This list is
compiled pursuant to CAA section 112(c) and was first published on July
16, 1992 (57 FR 31576). The list is updated periodically with the most
recent update published in the Federal Register on February 12, 2002
(67 FR 6521). The term ``covered'' here does not mean that the non-
remediation activity is necessarily subject to a MACT standard, just
that the activity is included within the scope of a particular MACT
source category.
4. Exemptions
The proposed rule would not apply to site remediations we are
specifically excluding from applicability.
[[Page 49406]]
a. CERCLA Cleanups and RCRA Corrective Action
The proposed rule exempts sites addressed under CERCLA authority
and corrective action activities initiated under permits or orders,
including such activities under authorized state programs, at RCRA
Treatment, Storage and Disposal facilities. Superfund National
Priorities List (NPL) sites have extensive contamination that often
require many years of study to determine a permanent remedy. Superfund
sites are regulated under a program created by CERCLA that was enacted
in 1980 and amended by the Superfund Amendments and Reauthorization Act
in 1986.
The Superfund program is designed to protect public health and the
environment while providing the flexibility to use effective and
innovative remediation approaches that best suit the site-specific
conditions at each CERCLA site (CERCLA section 121). The Superfund
program conducts extensive evaluation of the contamination at each NPL
site (see 40 CFR 300.430). As part of the evaluation process, a
decision document (i.e., Record of Decision (ROD)) is developed for
response actions, documenting the extent of contamination and the
cleanup method(s) to be used at the site. Under this process, a site-
specific analysis, considering the impacts to air, soil and
groundwater, is conducted and an appropriate remedy is selected. During
the ROD process, the general public is given the opportunity for input
in the decision-making process through public hearings and submission
of written comments. The public plays an important role in identifying
and characterizing site-specific factors, such as the type of
contaminants, the level and extent of contamination and other site-
specific factors. We believe this procedure results in selection of the
best plan for cleaning up each site and achieving the program's goals.
As implemented under the requirements of RCRA, hazardous waste
treatment, storage and disposal facilities (TSDF) must obtain a permit
specifying requirements for managing hazardous waste. As a condition of
obtaining this permit, facilities are required to undertake corrective
action addressing releases of hazardous waste and hazardous
constituents from units at the facility which do not themselves require
RCRA permits (solid waste management units) (RCRA section 3004(u)). For
such designated contamination areas at TSDF, requirements for the
cleanup of the contamination are included in the facility's RCRA
permit, or Federal Order where applicable. Such cleanup activities are
known as ``corrective actions.'' Although RCRA is a separate program
from Superfund, the RCRA permitting or Federal Order process for TSDF
share several significant characteristics with Superfund cleanup
activities at NPL sites. First, it is also the intent of the RCRA
Corrective Action program to protect public health and the environment
while allowing flexibility in choosing solutions to eliminate or reduce
site contamination. Second, RCRA permitting and Federal Order
procedures involve the public in the decision-making process through
informal public meetings, public hearings or written comment. Finally,
an extensive site-specific evaluation is performed at the RCRA facility
to evaluate the extent of the contamination, while considering
appropriate remedies through a multi-media (i.e., air, soil,
groundwater) perspective.
We believe that requiring remediation activities at Superfund NPL
sites and at permitted or Federal Order RCRA corrective action sites to
meet the requirements of this proposed rule could either create
incentives to avoid cleanup, or result in the selection of a
remediation approach that is less desirable, protective or permanent
(e.g., capping or containing the contaminated media instead of
permanently removing or treating the contaminants). (Cf. Louisiana
Environmental Action Network v. EPA, 172 F. 3d 65, 67, 70 (D.C. Cir.
1999) (EPA lacks authority in many instances to compel excavation of
wastes, so that imposition of requirements on excavated wastes
discourages more protective remediations; EPA may permissibly adjust
rules applicable to excavated wastes to avoid this result.))
Furthermore, we believe that these existing programs are the most
appropriate, comprehensive and effective regulatory approach to address
air emissions resulting from site remediation activities at sites
addressed using CERCLA authority and RCRA corrective action sites and
to avoid transfer from one medium to another.
b. Other Exemptions
The proposed rule would not apply to site remediation activities
involving the cleanup of radioactive mixed waste managed in accordance
with all applicable regulations under Atomic Energy Act and Nuclear
Waste Policy Act authorities. Another applicability exemption is
provided for those site remediations performed to clean up remediation
material containing little or no organic HAP. The proposed rule would
not apply to any facility for which the owner or operator demonstrates
that the total annual organic HAP mass content of the remediation
material to be cleaned up at the facility is less than one Mg/yr.
5. Application of Once In, Always In Policy
Due to the potential short term nature of site remediations, we
have evaluated how the proposed rule fits with existing policies for
CAA section 112 standards. Our current policy is that once a facility
or source is subject to a MACT standard, it remains subject to that
standard as long as the affected source definition or criteria are met.
This is called the ``once in, always in'' policy. Because of the
uniqueness of this source category and the nature of the activities
that are being regulated in the proposed rule, we have evaluated how
our once in, always in policy should apply relative to the site
remediation source category.
The existing policy may affect facilities that conduct site
remediations in situations where a facility is presently an area source
and the remediation activities would increase the total facility PTE
such that the facility exceeds the 10/25 tons of HAP criteria for a
major source under CAA section 112. Because the facility is now
considered a major source of HAP, another operation at the facility,
such as a manufacturing process, would now be subject to NESHAP for
other source categories located at their facility. Furthermore, after
the remediation is completed, the facility would, in terms of
emissions, essentially be back to where it was as an area source
(assuming no change in the facility plant operations). Under the once
in, always in policy, the facility would remain subject to the NESHAP
that was triggered by the short-term change of source status from area
to major brought about by the site remediation activity.
In the situation described above, we believe the once in, always in
policy would create an obvious disincentive for owners or operators to
engage in site remediations, particularly since voluntary remediation
would be affected by the proposed rule. Our intent is to not prescribe
requirements that create incentives to avoid a cleanup or result in the
selection of less desirable or less protective or permanent remediation
approaches. Therefore, we have determined that the once in, always in
policy does not apply relative to the site remediation source category
for those facilities that are area sources prior to and after the
cleanup activity.
[[Page 49407]]
The above application of the once in, always in policy to site
remediation activities addresses the issue of a facility's MACT
obligation after completing a remediation activity. We believe a
situation could occur, based on language in the CAA, that this policy
does not address. Specifically, certain area sources for non-
remediation activities could become major sources once a remediation
activity begins operation. While the facility would have no MACT
obligation (Site Remediation MACT or otherwise) after completing all
remediation, compliance with a non-remediation MACT standard may be
required due to the increase in PTE from the remediation activity. An
example of this situation would be an area source chemical processing
plant not currently subject to the Hazardous Organic NESHAP (HON), but
with manufacturing operations covered by that MACT standard. After
operating for many years as an area source, the facility initiates a
remediation operation that increases its PTE to major source levels.
Since the facility is now a major source of HAP, the facility would
have to comply with the HON for the operations covered by that MACT
standard. Furthermore, since the compliance dates for the various
processes regulated by the HON have all passed, any controls required
by the HON would have to be in place at the time the facility became a
major source as specified by the HON. Prior to commencing the
remediation activity, the facility may find it preferable to install
federally enforceable controls on certain emission points and maintain
area source status to avoid becoming subject to the industry-relevant
MACT standard. We realize this option is not achievable in every case.
6. Exemption of Short-Duration Site Remediations
The EPA is proposing to exempt sources from the requirements of the
proposed rule where the contamination requiring remediation occurs
within 7 days prior to the remediation activity. This exemption is
intended to apply to contamination commonly caused by a spill where the
cleanup is initiated soon after the spill event and is of very short
duration (i.e., typically 30 days or less). The purpose of this
exemption is to encourage prompt attention to remediating contaminant
spills and leakages.
Although the Agency is not proposing any other duration-based
exemptions in the proposed rule, it is possible that other duration-
based exemptions may be appropriate in light of the policy goal of
encouraging voluntary site remediations to remove risk to human health
and the environment. For example, there may be some site remediations
that can be completed in the time required by this proposal to modify
relevant permits; it may make sense in cases like this to complete the
remediation activity as quickly as possible without waiting for
paperwork modifications to be completed. The Agency requests comment on
which situations, if any, might be appropriate for further duration-
based exemptions to today's proposed rule.
B. What Are the Affected Sources?
The proposed rule defines three groups of affected sources, (1)
process vents, (2) remediation material management units, and (3)
equipment leaks. The affected source for process vents is the entire
group of process vents associated with both in situ and ex situ
remediation activities. The affected source for remediation material
management units is the entire group of tanks, surface impoundments,
containers, oil/water separators, and transfer systems used to store,
transfer, treat, or otherwise manage remediation material. The affected
source for equipment leaks is the entire group of remediation equipment
components (pumps, valves, etc.) that contain or contact remediation
material having a total organic HAP concentration equal to or greater
than 10 percent by weight, and are intended to operate for 300 hours or
more during a calendar year.
C. What Are the Standards for Process Vents?
The proposed rule would establish emission limitation and operating
standards for certain process vents associated with site remediation
treatment processes. The same standards would apply to both in situ and
ex situ treatment processes. These standards would apply to the entire
group of affected process vents associated with all of the treatment
processes used for your site remediation. The standards would be the
same for existing and new sources.
The air emission control requirements under the proposed rule would
not apply to certain process vent streams with low flow, low HAP
concentration characteristics. A process vent would be exempted from
the air emission control requirements of the NESHAP if the owner or
operator determines the process vent stream flow rate to be less than
0.005 standard cubic meters per minute. Also exempted would be those
process vent streams having a flow rate less than 6.0 standard cubic
meters per minute and a total HAP concentration in the vent stream less
than 20 parts per million by volume (ppmv). This process vent exemption
requires that both the process vent flow rate and the organic HAP
concentration criteria be met to qualify for the exemption. A process
vent would also be exempted from the air emission control requirements
if the HAP concentration of the remediation material being treated by
the vented process is less than 10 parts per million by weight (ppmw).
Under the proposed rule, you would have two compliance options for
the affected process vents. The first option would be to reduce the
total organic HAP emissions from all affected process vents at the
facility to a level less than 1.4 kilograms per hour (kg/h)
(approximately 3.0 pounds per hour) and 2.8 Mg/yr (approximately 3.1
tpy). You would have to achieve both of these mass emission limitations
to comply with this option under the proposed rule. If the total
organic HAP emissions from all affected process vents associated with
your site remediation exceed either the hourly or annual mass emission
limitation then you would need to use appropriate controls to reduce
the emission levels to comply with the emission limitations. If you can
meet both of the total organic HAP mass emission limitations using no
controls or the existing controls you already have in place to meet
federally-enforceable organic emission standards, then no additional
controls would be required under the proposed rule for your affected
process vents.
As an alternative to complying with the mass emission limits, a
second option proposed under the proposed rule would be to reduce the
total organic HAP emissions from all of the affected process vents by
at least 95 weight percent. At sites with multiple affected process
vent streams, you may comply with this option by a combination of
controlled and uncontrolled process vent streams that achieve the 95
percent reduction standard on an overall mass-weighted average. For
those process vent streams controlled by venting to a control device,
the closed vent system and control device would need to meet certain
requirements specified in the proposed rule.
D. What Are the Standards for Remediation Material Management Units?
The proposed rule would establish emissions limitation and
operating standards for certain remediation management units (i.e.,
units associated with the management of remediation materials). For
those remediation material management units required to
[[Page 49408]]
use air emission controls, the proposed rule would establish by source
type (i.e., tanks, oil-water separators, containers, surface
impoundments, transfer systems) separate sets of emission limitation,
operating limit, and work practice standards as appropriate for each
source type. The standards would be the same for existing and new
sources. Air emission controls would be required on a remediation
material management unit used to manage remediation material having an
organic HAP (VOHAP) concentration equal to or greater than 500 ppmw.
Remediation material with a VOHAP concentration of less than 500 ppmw
is not required to be managed in controlled units.
The proposed rule also provides an exemption that would allow an
owner or operator to selectively designate, on a site-specific basis,
certain individual units to be exempt from the air emission control
requirements regardless of the VOHAP concentration of the remediation
material placed in the unit. Application of this discretionary
exemption by the owner or operator would be limited based on
remediation material organic HAP content. Under this provision, the
total annual organic HAP mass content of the regulated remediation
material placed in all of the units designated by the owner or operator
as exempt units could not exceed 1 Mg/yr as determined in accordance
with the procedures specified in the proposed rule.
Determination of VOHAP concentration can be made by either direct
measurement of samples of the remediation material or through use of
knowledge of the remediation material (i.e., application of owner/
operator expertise using appropriate information regarding the
remediation material). In using direct measurement, the VOHAP
concentration of the collected samples would be measured using Method
305 in 40 CFR part 63, appendix A. As an alternative to using Method
305, you would be allowed to determine the organic HAP concentration
using any one of the several alternative test methods, as applicable to
the remediation material stream, and then adjust the test results using
factors specified in the proposed rule to determined the VOHAP
concentration.
The VOHAP determination using direct measurement for a given
remediation material unit would be based on samples collected prior to
placing the remediation material in the unit at any point you choose
before the organic constituents in the material have the potential to
volatilize and be released to the atmosphere. For example, you may
sample the remediation material stream at the point where it is
extracted from the ground (``point-of-extraction'' as defined in the
proposed rule). Alternatively, you may choose to sample the remediation
material stream within the remediation material unit (provided that
organic constituents in the material have not been allowed to
volatilize and be released to the atmosphere, as specified in the
proposed rule).
Allowing the use of knowledge to determine the VOHAP concentration
of a remediation material provides flexibility for the owner or
operator to use any appropriate information to determine VOHAP
concentration of a remediation material. The basis for knowledge of the
remediation material could include existing information collected by
the owner or operator for other purposes or new information collected
specifically for the VOHAP remediation material determination.
For remediation material management units downstream of the
contaminated area in particular, it is important to note that the
determination of the VOHAP concentration is made within each
remediation material management unit. This approach simplifies the
determination process for varying treatment processes and addresses
both the situation of management of a single remediation stream or
management of two or more material streams combined (either remediation
or non-remediation, or both). If a single material stream, or
combination of streams, have a VOHAP concentration of 500 ppmw or
greater in the management unit, then the unit is subject to the air
emission control requirements for the particular unit as specified in
the proposed rule. Once the VOHAP concentration falls below the 500
ppmw action level, the material need not be managed in controlled
units. If the HAP concentration is increased to 500 ppmw or more in a
downstream unit, that unit will need control.
For example, a facility remediation project involves a pump and
treat system that generates groundwater with more than 500 ppmw VOHAP,
measured as it exits the groundwater pumping/piping system. It is
initially pumped into a holding tank managing the single remediation
stream. The remediation material, the groundwater in this case, has a
VOHAP concentration greater than 500 ppmw, and, therefore, the holding
tank would be subject to the tank standards under the proposed rule.
From the holding tank, the groundwater is sent to a larger mixing tank
where the groundwater is mixed with other wastewater streams, where the
combined VOHAP concentration is less than 500 ppmw, and the resultant
mixture is treated to adjust the pH of the mixture. Because the VOHAP
concentration of the combined streams is below 500 ppmw, the mixing
tank would not be subject to the tank standards under the proposed
rule.
Following this mixing operation, the combined wastewater is sent to
an on-site wastewater treatment system. Since the mixture leaving the
mixing tank has a VOHAP concentration of less than 500 ppmw, all
downstream processes and management units (e.g., tanks, surface
impoundments, containers or transfer systems) would not be subject to
the control requirements for remediation material management units
unless the concentration is increased to 500 ppmw or greater through
phase separation or other method.
In general, we expect remediation streams to be managed separately
so a stream would be managed in controlled units until it is treated to
reduce the concentration below 500 ppmw. We believe, however, that in
some cases a remediation stream may be combined with one or more
streams and treated downstream from the mixing point. Mixing merely for
the purposes of dilution is not allowed, but if mixing occurs to
facilitate treatment (i.e., to treat all streams in a centralized
operation), and the resulting stream has a VOHAP concentration below
500 ppmw, then that stream does not have to be managed in controlled
units.
We realize this approach deviates somewhat from other rules
regulating wastewater-type management or treatment units that require
air emission controls after the VOHAP concentration falls below 500
ppmw due to mixing. For site remediation operations, this is an
appropriate approach since we believe remediation activities are
typically of a limited duration, relatively low-flow in comparison to
facilitywide wastewater management operations, and often treated
effectively in a facility-wide treatment system. We do not want to
create obstacles that could inhibit overall treatment effectiveness.
Moreover, we believe remediation streams would get some level of HAP
reduction, and, thus, emission reduction, through biological treatment
within a facility's wastewater treatment system.
1. Tanks
The proposed rule would establish emission limitation and work
practice standards to control organic HAP emissions from those tanks
managing remediation material having an average VOHAP concentration
equal to or greater than the 500 ppmw action level.
[[Page 49409]]
For those tanks required to meet the air emission control requirements,
you would need to achieve one of two levels of control. The required
level of control would be determined by the tank design capacity and
the maximum HAP vapor pressure of the extracted material in the tank.
For each tank required to use Level 1 controls, you would be
required to comply with the existing 40 CFR part 63, subpart OO--
National Emission Standards for Tanks--Level 1. For these tanks, you
could also comply with the proposed rule by using Level 2 controls if
you choose to do so.
For each tank required to use Level 2 controls, you would have five
compliance options under the proposed rule. The compliance alternatives
provided under the proposed rule would allow you to either: (1) Use a
fixed-roof tank with an internal floating roof; (2) use an external
floating roof tank; (3) vent the tank through a closed vent system to a
control device that meets the requirements specified in the proposed
rule; (4) locate an open tank inside an enclosure vented through a
closed-vent system to a control device that meets the requirements
specified in the proposed rule; or (5) use a pressurized tank that
operates as a closed system during normal operations. The specific
technical requirements for each of these alternatives are implemented
under the proposed rule by cross-referencing the existing Tank Level 2
control standards in 40 CFR 63.685(d) of the OSWRO NESHAP.
2. Containers
The proposed rule would establish emission limitation and work
practice standards to control organic HAP emissions from containers
having a design capacity greater than 0.1 cubic meters (approximately
26 gallons) used to manage remediation material having a VOHAP
concentration of 500 ppmw or more. For those containers required to use
air emission controls, you would need to achieve one of three levels of
control that would be determined by the container design capacity, the
organic content of the extracted material in the container, and whether
the container is used for a waste stabilization process. You would be
required to comply with the specified requirements for the applicable
control level in the existing 40 CFR part 63, subpart PP--National
Emission Standards for Containers. Except for containers used for waste
stabilization, these standards would require that you manage the
extracted material in containers that use covers according to the
requirements specified in the proposed rule. Should affected containers
be used for a waste stabilization process, containers would be required
to be vented to a control device.
Application of the container standards and the various levels of
control is illustrated in the following example. In the situation where
contaminated soil (i.e., the remediation material in this case) is
excavated and placed in a dump truck (i.e., a container under the
definitions used in the proposed rule), the truck containing the soil
would be required to meet Level 1 controls if the VOHAP concentration
is equal to or greater than 500 ppmw and the criteria for Level 2
controls is not met. If this were the case, as it likely would be in
most remediation situations, then a cover such as tarp covering the
remediation material would be adequate to meet the Level 1 control
requirements. If the vapor pressure and VOHAP concentration were such
that Level 2 controls were required then a more strenuous set of
controls would apply.
3. Surface Impoundments
For each surface impoundment required to use air emission controls,
you would be required to comply with the existing 40 CFR part 63,
subpart QQ--National Emission Standards for Surface Impoundments. Under
this subpart, you must meet one of two options: (1) Use a cover over
the surface impoundment and vent through a closed-vent system to a
control device; or (2) use a floating membrane cover designed and
operated according to requirements specified in the proposed rule.
4. Oil-Water and Organic-Water Separators
For each oil-water or organic-water separator required to use air
emission controls, you would be required to comply with the existing 40
CFR part 63, subpart VV--National Emission Standards for Oil-Water and
Organic-Water Separators. Under this subpart, you must meet one of
three options: (1) Use a floating roof on the separator; (2) use a
cover over the separator that is vented through a closed-vent system to
a control device; or (3) use a pressurized separator designed and
operated according to requirements specified in the proposed rule.
5. Material Transfer Systems
For each individual drain system required to use air emission
controls, you would be required to comply with the existing 40 CFR part
63, subpart RR--National Emission Standards for Individual Drain
Systems. For transfer systems required to use air emission controls
other than individual drain systems, you would be required to comply
with one of three options: (1) Use covers; (2) use continuous hard-
piping; or (3) use an enclosure vented to a control device.
E. What are the Standards for Equipment Leaks?
The proposed rule would establish work practice and equipment
standards to control organic HAP emissions from leaks in pumps,
compressors, pressure relief devices, sampling connection systems,
open-ended valves or lines, valves, flanges and other connectors, and
product accumulator vessels that either contain or contact a regulated
material that is a fluid (liquid or gas) and has a total organic HAP
concentration equal to or greater than 10 percent by weight. These work
practice and equipment standards would not apply to equipment that
operates less than 300 hours per calendar year. You would have the
option of complying with the provisions of either 40 CFR part 63,
subpart UU--National Emission Standards for Equipment Leaks--Control
Level 1 or 40 CFR part 63, subpart UU--National Emission Standards for
Equipment Leaks--Control Level 2. Both of these subparts require you to
implement a leak detection and repair program (LDAR) and to make
certain equipment modifications.
F. What Are the Requirements for Remediation Material Sent Off-Site?
Under the proposed rule, if you transfer remediation material
containing organic HAP to another party, another facility, or receive
it from another facility, this material would need to be managed
according to the provisions of this subpart. In other words, if the
material has a VOHAP concentration of 500 ppmw or more, as determined
according to the procedure in the proposed rule, then at the new
facility this material would need to be managed in units that meet the
air emission control requirements under the Site Remediation NESHAP for
the applicable remediation material management unit type (i.e., tank,
containers, etc.). Similarly, any treatment process used for the
transferred remediation material would need to meet the process vent
control requirements.
G. What Are the General Compliance Requirements?
Under the proposed rule, you would be required to meet each
applicable emission limitation and work practice standard in the
proposed rule at all
[[Page 49410]]
times, except during periods of startup, shutdown, and malfunction. You
must develop and implement a written startup, shutdown, and malfunction
plan for your site remediation according to the provisions of 40 CFR
63.6(e)(3).
Also with regard to compliance, it is important to note that under
the provisions of the proposed rule, if an affected source (i.e., a
remediation management or treatment unit) is subject to and complying
with the control requirements under another part 61 or part 63 standard
(e.g., has either installed air emission controls or has taken other
actions to reduce HAP emissions to levels dictated by the other part 61
or part 63 standards) then the affected source is exempt from the
control requirements of the proposed rule in 40 CFR 63.7883 through 40
CFR 63.7933. However, the source must be controlling air emissions
under the other rule; the exemption under the proposed rule does not
apply if the source is merely exempt from the control requirements of
the other rule and has not taken action to limit HAP emissions.
H. What Are the Testing and Initial Compliance Requirements?
Initial compliance for process vents would be demonstrating that
either: (1) The total organic HAP emissions from all affected process
vents is less than 1.4 kg/h and 2.8 Mg/yr; or (2) the total organic HAP
emissions from all of the affected process vents is reduced by at least
95 weight percent.
Initial compliance for remediation material units would be
demonstrating that either: (1) The VOHAP concentration of the
remediation material managed in the unit is below the 500 ppmw action
level; or (2) the unit meets all applicable air emission control
requirements for the unit. If a control device is used, initial
compliance is determined by either: (1) Performing a performance test
according to 40 CFR 63.7 of the general provisions and using specific
EPA reference test methods; or (2) performing a design evaluation
according to procedures specified in the proposed rule. You also must
establish your operating limits for the control device based on the
values measured during the performance test or determined by the design
evaluation.
I. What Are the Continuous Compliance Provisions?
To demonstrate continuous compliance with the applicable emission
limitations and work practice standards under the proposed rule, you
would perform periodic inspections and continuous monitoring of certain
types of air pollution control equipment you use to comply with the
proposed rule. In those situations when a deviation from the operating
limits specified for a control device is indicated by the monitoring
system or when a damaged or defective component is detected during an
inspection, you must implement the appropriate corrective measures.
To demonstrate continuous compliance with an emission limitation
for a given source, you would continuously monitor air emissions or
operating parameters appropriate to the type of control device you are
using to comply with the standard, and keep a record of the monitoring
data. Compliance is demonstrated by maintaining each of the applicable
parameter values within the operating limits established during the
initial compliance demonstration for the control device.
There are different requirements for demonstrating continuous
compliance with the work practice standards, depending on which
standards are applicable to a given emission source. To ensure that the
control equipment used to meet an applicable work practice standard is
properly operated and maintained, the proposed rule would require that
you periodically inspect and monitor this equipment. When a cover is
used to comply with a work practice standard, you must visually inspect
the cover periodically and keep records of the inspections. In
addition, for external floating roofs, seal gap measurements must be
performed on the secondary seal once per year and on the primary seal
every 5 years. Leak detection monitoring using Method 21 would be
required for certain types of covers to ensure gaskets and seals are in
good condition, and for closed-vent systems to ensure all fittings
remain leak-tight. In general, annual inspection and leak detection
monitoring of covers is proposed. Annual inspection and leak detection
monitoring would be required for closed-vent systems. Any defects or
conditions causing failures detected by an inspection or monitoring
need to be promptly repaired and records of the repairs kept.
You would be allowed to use an alternative to the monitoring
required by these proposed standards. If you choose to do so, you would
be required to request approval for alternative monitoring according to
the procedures in 40 CFR 63.8 of the General Provisions.
J. What Are the Notification, Recordkeeping, and Reporting
Requirements?
The proposed rule would require you to keep records and file
reports consistent with the notification, recordkeeping, and reporting
requirements of the General Provisions of 40 CFR part 63, subpart A.
Two basic types of reports are required: initial notification and
semiannual compliance reports. The initial notification report advises
the regulatory authority of applicability for existing sources or of
construction for new sources.
The initial compliance report demonstrates that compliance has been
achieved. This report contains the results of the initial performance
test or design evaluation, which includes the determination of the
reference operating parameter values or range and a list of the
processes and equipment subject to the standards. Subsequent compliance
reports describe any deviations of monitored parameters from reference
values; failures to comply with the startup, shutdown, and malfunction
plan (SSMP) for control devices; and results of LDAR monitoring and
control equipment inspections.
Records required under the proposed standards must be kept for 5
years, with at least 2 of these years being on the facility premises.
These records include copies of all reports that you have submitted to
the responsible authority, control equipment inspection records, and
monitoring data from control devices demonstrating that operating
limits are being maintained. Records from the LDAR program and storage
vessel inspections, and records of startups, shutdowns, and
malfunctions of each control device are needed to ensure that the
controls in place are continuing to be effective.
K. What Are the Implications of This NESHAP for Clean Air Act Title V
Requirements?
1. What is the title V Program?
This program is a permit program established under title V of the
CAA in 1990. A title V permit is intended to consolidate all of the air
pollution control requirements into a single operating permit for a
source's air pollution activities.
2. Under what circumstances am I required to obtain a title V
permit for my remediation activity?
Title V requires all major sources to obtain permits (see 40 CFR
70.3, or 40 CFR 71.3). Major source status is triggered for a source
under title V when actual emissions or potential to emit meets or
exceeds certain major source
[[Page 49411]]
thresholds (see definition of major source at 40 CFR 70.2, or 40 CFR
71.2). Although a source subject to the Site Remediation MACT will be
major for title V purposes based on emissions of HAP, title V also
requires permits for sources that are major for other air pollutants,
(e.g., the criteria pollutants). Sources that are subject to the Site
Remediation MACT, by virtue of being major sources, will typically have
to obtain an operating permit, if they don't already have one, or
modify their existing permit under title V (either 40 CFR part 70 or
71). An option for avoiding major source status under title V for some
sources that are not major prior to the remediation activity is
voluntarily requesting practically-enforceable limitations (often
operation or emissions-related) to reduce their potential to emit or
actual emissions to levels below the major source thresholds. This
option should be pursued through your permitting authority.
3. Who is responsible for obtaining the title V permit for a
remediation activity?
Typically the party responsible for obtaining the title V major
source permit will be either: (1) The owner or operator of the site
remediation equipment or activities, or (2) the owner or operator of
the source already existing at the facility that is covered by another
MACT source category activity (the other collocated source). The
decision as to who should apply for the permit in any specific case
will be made on a case-by-case basis (site-dependent) and should be
evaluated in consultation with the permitting authority, however,
normal practice will be to issue the permit to the entity that has
common control of all activities at the facility. Under the definition
of major source used for HAP in 40 CFR part 70 or 71, all activities
within a contiguous area under common control will be aggregated
(grouped) together as a single source to determine major source status.
While the source is ultimately responsible for making these
determinations, permitting authorities will commonly assist sources in
this task. Also note that the question of who may be required to apply
for the permit will likely be affected by the way that pre-construction
review permits (also referred to as New Source Review or NSR permits)
were issued to such sources. Initial NSR permits are required prior to
the commencement of construction activities, while initial title V
operating permits are required generally after commencement of
operations. Thus, permitting authorities are likely to follow decisions
made in issuing NSR permits when looking at this question for title V
purposes.
4. If I already have a title V permit, is a modification required
for my remediation activity?
When there is a major source in a MACT source category that already
has a title V operating permit, and a site remediation activity
commences operation at the same facility and all activities at the
facility are considered part of the same source (i.e., under common
ownership and control), permitting authorities will require the
previously issued operating permit to either be reopened or revised to
reflect the new applicable requirements of the Site Remediation MACT.
Permit reopening under 40 CFR 70.7(f), or 40 CFR 71.7(f), is required
when a major source has a permit, there are 3 years or more left on the
term of the permit, and we promulgate a new MACT standard (or other
applicable requirement) that applies to the source. For such sources,
if less than 3 years is left on the permit term, the State may
generally wait until renewal to update the permit. On the other hand,
modifications under 40 CFR 70.7(e), or 40 CFR 71.7(e), are required
when a source has a permit and the source becomes subject to the MACT
standard after the standard is promulgated (in most cases, these will
be significant modifications under 40 CFR 70.7(e)(4), or 40 CFR
71.7(e)(3), but in some circumstances other permit modification
procedures may apply).
5. If I have an existing title V permit, do I have to wait for
completion of the permit modification before I begin the remediation
activity?
In general, when site remediation activities are not addressed or
prohibited by your existing operating permit, you may commence such
activities at any time prior to the finalization of any formal title V
permit modification procedures. However, when permit modification is
required due to a new remediation activity and the new activity
conflicts with (or is expressly prohibited by) the existing permit
terms or conditions, the permit must be formally revised prior to
commencing operation of such activities or you will be in violation of
the permit prior to their revision.
6. The increase in potential-to-emit from a remediation activity
will make my facility a major source overall, but only for a limited
time. Am I required to get a title V permit? What activities can occur
before my title V permit is issued?
All major sources are required by 40 CFR 70.5(a)(1), or 40 CFR
71.5(a)(2) to submit their permit application no later than 12 months
after they commence operation, but State law could require it sooner.
After that, 40 CFR 70.7(a)(2), or 40 CFR 71.7(a)(2), allows permitting
authorities up to 18 months to issue the final permit, but State law
may also require issuance sooner.
Major sources that expect to operate for 12 months or more
obviously must submit a permit application in all cases. Sources that
expect to operate less than 12 months (or whatever deadline the State
sets) may decide not to prepare a permit application, at the risk of
operating past that deadline without submitting the required
application. Also note that policies concerning the permitting of such
sources may vary from State to State; so it is also a good idea to
contact your permitting authority concerning the steps necessary to
fulfill your obligations under the operating permit program.
7. What are the requirements for remediation equipment that moves
from one facility to another after completing each remediation
activity?
Permitting authorities will decide how to permit such sources on a
case-by-case basis, taking into account the particular circumstances
known to them at that time. Many permitting authorities have policies
or specific rules to address the permitting of portable sources, or
other activities of short-duration, which are usually those expected to
operate less than 1 or 2 years at any one location, and which are
expected to operate in more than one location during a typical 5-year
permit term. In addition, 40 CFR 70.6(e), or 40 CFR 71.6(e), addressing
temporary sources, allows permitting authorities to issue a single
operating permit for a major source that will operate in multiple
locations during its 5-year permit term.
8. My facility's current operations are covered by an existing
title V permit, do I have the option of obtaining a separate title V
permit for a new remediation activity?
In some cases, permitting authorities have authority to issue
multiple operating permits to a single source, and if this is the case,
they may agree to issue a separate permit for the remediation
activities. Although title V permits are typically thought of as a
single permit that covers all the applicable requirements and all
emissions units at a single source, the CAA allows permitting
authorities to issue multiple permits to a single source. Such issuance
would be consistent with title V as long as the assemblage of permits
for a single major source addresses all applicable requirements at all
subject emission
[[Page 49412]]
units (in the same way that a single major source permit would).
L. What Are the Implications for This NESHAP for Clean Air Act New
Source Review Requirements?
This NESHAP does not change any of the existing requirements under
the NSR program. The questions and answers within this section
summarize the NSR program and a source's general requirements under
this program.
1. How is the NSR program structured?
The NSR program is divided into three parts: Nonattainment NSR for
major sources, Prevention of Significant Deterioration (PSD) for major
sources, and minor source NSR. The term ``NSR'' is used to refer to
both the overall program, and to the requirements that apply in
nonattainment areas (e.g., nonattainment NSR). Nonattainment NSR
applies to large facilities (major sources) located in areas where air
quality is unhealthy to breathe --i.e. where the NAAQS for a CAA
pollutant is not being met. These areas are called nonattainment areas.
Note: The term major source as it applies to the NSR program is
discussed in detail in the July 23, 1996 Federal Register (61 FR
38429)). Nonattainment NSR for major sources of certain pollutants
also applies in the federally designated ozone transport region
(OTR), which consists of eleven northeastern states.\1\Prevention of
significant deterioration (PSD) applies to major sources located in
areas where air quality is currently acceptable--i.e. where the
NAAQS for a CAA pollutant is being met. These are called attainment
areas. Minor NSR applies to smaller sources and modifications that
contribute to air pollution throughout the country.
\1\ Connecticut, Delaware, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
Vermont, and Washington, DC.
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2. Who runs the NSR and PSD programs?
The NSR program is administered by State and local air pollution
permitting authorities, who are responsible for issuing all permits.
Each state or local permitting authority is required to incorporate NSR
and PSD requirements into its State Implementation Plan (SIP), which is
the State's plan to ensure progress toward, or maintenance of,
attainment of all NAAQS. A State's PSD program may be SIP-approved or
delegated. If the State designs its own program, EPA may approve it so
long as it meets the criteria listed in Federal PSD regulations.
Otherwise, the State may take delegation of the Federal PSD program, as
it is written in the Federal PSD regulations. A State's nonattainment
NSR program must be a SIP-approved program meeting the criteria listed
in Federal NSR regulations.
3. Who is subject to major NSR and PSD requirements?
No one may begin constructing a new major stationary source or
undertake a major modification at an existing stationary source without
obtaining an NSR or PSD permit from the permitting authority. The new
major source would not need an NSR or PSD permit unless it had new
potential emissions that qualify as major. Moreover, an existing major
source that undertakes a major modification is subject to NSR or PSD
only if there is a significant increase in emissions.
4. Do sources always need an NSR permit for a construction project?
Sources may avoid major NSR or PSD altogether by not increasing
their emissions (e.g., by making changes that do not increase
emissions, by installing controls on one part of the facility to offset
increases at another part of the facility, or by agreeing to emission
limits in their permit). Alternatively, facilities may comply with NSR
by including modern controls in conjunction with an upgrade project or
a new facility.
5. How long does the process take to complete?
The EPA estimates that the average time it takes to get a major NSR
or PSD permit is about 7 months from receipt of the permit application.
6. When NSR or PSD applies, what must sources do?
a. Major Nonattainment NSR in Nonattainment Areas
New and existing major sources undertaking major modifications
subject to nonattainment NSR must apply state of the art emission
controls that meet the lowest achievable emissions rate (referred to as
LAER). The LAER is based on the most stringent emission limitation in
any State's SIP, or achieved in practice by the source category under
review.
To get a permit, the applicant must also offset its emission
increase by securing emissions reductions offsets from other sources in
the area. The amount of the offset must be as great or greater than the
new increase, and is based on the severity of the area's nonattainment
classification. The more polluted the air is where the source is
locating or expanding, the greater the emissions reductions required to
offset the proposed increase. Offsets must be real reductions in
emissions, not otherwise required by the CAA, and must be enforceable
by the EPA.
Each applicant must also conduct an analysis of ``alternative
sites, sizes, production processes, and environmental control
techniques * * * (that) demonstrates that benefits of the proposed
source significantly outweigh the environmental and social costs of its
location, construction, or modification.'' The applicant must also
certify that all other sources operating within the State are operating
in compliance with the CAA and SIP requirements. Finally, the public
must be given adequate notice and opportunity to comment on each permit
application.
b. Prevention of Significant Deterioration in Attainment Areas
New major sources and existing sources that undertake major
modifications that are subject to PSD must apply best available control
technology (BACT). The BACT determination ultimately made by the
permitting authority allows for a consideration of energy,
environmental, and economic impacts and other costs on a case-by-case
basis that is specific to the facility's situation. The permitting
authority then specifies an emission limit for the source that
represents BACT.
Each PSD applicant must also perform an air quality analysis to
demonstrate that the new emission increase will not cause or contribute
to a violation of any applicable NAAQS or result in a significant
deterioration of the air quality. Finally, each applicant must also
conduct an analysis to ensure that the increase does not result in
adverse impact on air quality related values, including visibility,
that affect designated Class I areas, such as wilderness areas and
national parks.
c. Minor NSR
For sources not otherwise covered by major PSD or NSR, the CAA
requires permitting authorities to regulate construction and
modifications to ensure that the NAAQS are achieved. State programs
have widely varying requirements. Some are comprehensive, while others
provide numerous exclusions. Some require a technology review, in
addition to air quality modeling.
III. Rationale for Selecting the Proposed Standards
A. What Is the Scope of the Source Category To Be Regulated?
As we discussed in section I.A of this preamble, site remediation
is one of the approximately 170 categories of sources included on the
NESHAP source category list. The facilities included
[[Page 49413]]
within the scope of this source category include sites at which the
cleanup is required to comply with requirements under a State
regulatory program as well as sites at which cleanups are performed on
a voluntary basis. In section II.A of this preamble, we discuss how
statutory directives under RCRA and CERCLA direct us to address the
control of air emissions from certain site remediations and that those
activities under the RCRA Corrective Action and CERCLA authorities are
exempt from the requirements of the proposed rule.
B. How Did We Select the Pollutants To Be Regulated?
The specific chemicals, compounds, or groups of compounds
designated by Congress to be HAP are listed in CAA section 112(b).
Included on the list are organic and inorganic chemicals. From this
list of HAP, we selected the specific HAP to be regulated under this
NESHAP for site remediations.
1. Organic HAP
Organic HAP potentially can be emitted from site remediations at
many different types of facilities. We considered but decided not to
select all of the organic HAP listed under section 112(b) for
regulation in the Site Remediation NESHAP. Instead, we decided to be
consistent with the approach we used for the OSWRO NESHAP as well as
other NESHAP promulgated for source categories with large diversity in
the organic chemical constituents present in the materials managed at
any given facility and instead regulate on the basis of a surrogate
that reasonably ensures MACT control of the organic HAP present. See
National Lime v. EPA, 238 F. 3d, (D.C. Cir. 2000, upholding use of
surrogates in establishing MACT standards).
When we developed the organic HAP list for the OSWRO NESHAP, we
evaluated each organic chemical or chemical group listed as a HAP in
CAA section 112(b) with respect to its potential to be emitted from a
waste management or recovery operation. The criteria used to
characterize and evaluate emission potential was based on a chemical
constituent's Henry's law constant, evaluation of the aqueous and
organic volatility characteristics of the chemical, and the ability of
the analytical test methods to quantitate the chemical. Based on our
evaluation, we selected 98 specific organic HAP compounds or compound
groups to be regulated under the proposed rule (Table 1 to 40 CFR part
63, subpart DD.).
Although the OSWRO NESHAP, by an exclusion under the rule
applicability, does not apply to units managing wastes from site
remediations, the data base that we used to select the list of organic
HAP for the OSWRO NESHAP included remediation wastes sent to hazardous
waste TSDF. We believe that this data base is also representative of
the range of organic HAP chemicals having the potential to be emitted
from the sites requiring cleanup of media contaminated with volatile or
semi-volatile organics and other remediation material. Therefore, we
are proposing that same list of organic HAP used for the OSWRO NESHAP
also be used for the Site Remediation NESHAP. This list is presented in
Table 1 to proposed Subpart GGGGG. We request comment on the proposal
to use this list of organic HAP for the Site Remediation NESHAP.
2. Inorganic HAP
The types of inorganic compounds listed as HAP in CAA section
112(b) that are most likely to be in contaminated media requiring
remediation are heavy metals (i.e., antimony, arsenic, beryllium,
cadmium, chromium cobalt, lead, manganese, mercury, nickel, and
selenium). A widely used remediation approach for cleanup of soils,
sludges, or sediments contaminated with heavy metals involves
excavating the contaminated media, treating the remediation material in
a solidification or stabilization process, and disposing of the treated
material in an appropriate landfill (which may be on-site or an off-
site facility). Metals in the contaminated soil are immobilized by the
added binder material used for the fixation process. In situations
where groundwater is contaminated with heavy metals, site remediation
typically involves extracting the groundwater by pumping it to the
surface and then removing the metals by a physical or chemical process
(e.g., precipitation, ion exchange). The metals remain in the wet
precipitate or other extraction media and are not released to the
atmosphere.
For some site remediations involving the cleanup of media
containing both metals and organic contaminates, the extracted
remediation waste is burned in an incinerator or other combustion
device. Metal HAP contained in the remediation waste vaporize at high
combustion temperatures or become airborne as fine particles and can
remain in combustion gases in either a gaseous or particulate form. Any
metal HAP contained in the combustion gases that is not captured and
removed by a control device is emitted to the atmosphere.
Based on our information regarding the cleanup of media
contaminated with metals or other inorganic HAP, many of the
remediation techniques used do not release the inorganic HAP to the
atmosphere. In cases where remediation material containing inorganic
HAP is burned in an incinerator, the incinerator used must already meet
air standards under the CAA and RCRA that limit organic, particulate
matter, metals, and chloride emissions. (See, e.g. 40 CFR part 263,
subpart EEE (MACT standards for hazardous waste combustion sources).)
Therefore, we are proposing that metals and other inorganic compounds
listed as HAP in CAA section 112(b) not be regulated by this Site
Remediation NESHAP. We are specifically requesting comment on this
proposal and, in particular, would appreciate receiving data regarding
the sources and quantity of inorganic HAP emissions from site
remediations and available control technologies applicable to the
sources in order to either support or revise our decision not to
regulate inorganic HAP emissions under this NESHAP.
C. How Did We Select the Affected Source To Be Regulated?
For the purpose of implementing a NESHAP under 40 CFR part 63,
``affected source'' is defined to mean the stationary source, or
portion of a stationary source that is regulated by a relevant standard
or other requirement established pursuant to section 112 of the CAA.
Each relevant standard is to designate the affected source for the
purposes of that standard. Within a source category, we must decide
which of the sources of HAP emissions (i.e., emission points or
groupings of emission points) to which the proposed rule applies.
One option for the Site Remediation NESHAP is to define the
affected source as the entire set of activities performed for a given
site remediation such as the cleanup of contaminated soil or the
cleanup of contaminated groundwater. The affected source would consist
of the mix of emission points for the sequence of activities in which
the contaminated media or other remediation material is extracted (if
needed), stored, conveyed, treated, or, otherwise handled at the
facility. Under this broad definition option, a separate emission
limitation for MACT would be determined for the entire group of
emission points associated with a site remediation to clean up the
contaminated soil. Another emission limitation for MACT would be
determined for the entire group of emission points associated with a
site remediation to clean up the contaminated groundwater. Unlike the
NESHAP source categories that can be
[[Page 49414]]
readily characterized by one or several standardized process
configurations which are used throughout the industrial segment
representing the source category, the operations used for all
contaminated soil or contaminated groundwater remediations cannot. The
activities, equipment configurations, and sequencing of operations used
are not consistent from site remediation to site remediation.
Therefore, we concluded that this option is not an appropriate approach
for defining the affected sources for the Site Remediation NESHAP.
Another option we considered is to define the affected source in
terms of common groupings of processes and equipment used for
management and cleanup of contaminated media and other remediation
materials (i.e., tanks, containers, process vents, and equipment
leaks). Under this option, MACT is determined for each emission source
group. We believe that this option is an appropriate way to define the
affected source for the Site Remediation NESHAP. Designating the
affected source to be a group of similar emission point types ensures
that air emission controls of equivalent performance are applied at the
same time to all of the units used to manage a remediation material
stream. Also, this approach to defining sources is consistent with
other NESHAP for related waste management operations (e.g., the OSWRO
NESHAP). Therefore, for the Site Remediation NESHAP, we determined
separate MACT for common groups of emission point sources.
The first group of common emission points designated to be an
affected source for the Site Remediation NESHAP is the group of pipes,
stacks, or ducts that allow the passage of gases, vapors, or fumes
containing organic HAP to the atmosphere from any treatment process
used at the facility to remove, destroy, or otherwise transform the
hazardous substances in remediation material. These pipes, stacks, and
ducts are collectively referred to as process vents in the proposed
rule. The process vent may be either associated with an in situ process
(e.g., soil vapor extraction used to treat contaminated soil) or ex
situ process (e.g., air stripper used to treat contaminated ground
water, or thermal desorption unit used to treat contaminated soil). For
the purposes of applying the standards, a process vent is neither a
vent that operates as a safety device nor a stack or duct used to
exhaust combustion products from a boiler, furnace, incinerator, or
other enclosed combustion device that is being used to treat a
remediation waste or material. If these combustion devices are being
used as an air pollution control device to control air emissions then
the vent could be subject to the standards.
The next group of common emission points designated to be an
affected source for the Site Remediation NESHAP is the group of units
used at the facility which handle, temporarily store, or otherwise
manage the remediation material once it has been extracted from the
ground. This group of sources includes units that treat extracted
contaminated media but do not use a process vent (e.g., a tank used for
biological degradation treatment of contaminated groundwater). These
units are tanks, containers, surface impoundments, oil-water and
organic-water separators, individual drain systems, and other
stationary transfer or conveyance. The units regulated under this
affected source designation are collectively referred to as remediation
material management units in the propose rule.
A third group of common emission points designated to be an
affected source for the Site Remediation NESHAP is the group of
equipment components prone to emitting organic HAP as a result of
liquid or vapor leaks. This group of equipment consists of pumps,
compressors, agitators, pressure relief devices, sampling connection
systems, open-ended valves and lines, valves, connectors, and
instrumentation systems that contain or contact remediation material
once it has been extracted from the ground.
We have identified two other types of remediation activities that
may emit organic HAP but do not belong in any of the above three
affected source groups. These activities are the excavation of
contaminated soil and land treatment process for contaminated soils,
sediments, and sludges. Excavation of contaminated soil involves the
use of heavy machinery to dig up the soil. The excavated material is
then either placed directly into dump trucks for transport offsite or
moved to another location at the facility for storage or treatment.
Land treatment processes are open biodegradation processes in which the
contaminated soil, sediment, or sludge is excavated, re-applied in
shallow layers on the ground surface, and periodically turned over or
tilled to aerate the applied material. The organic contaminants are
neutralized, destroyed or transformed by biological actions of microbes
in the materials.
Our information indicates that there are no add-on controls
currently in use to control organic emissions from these activities,
nor are we aware of any practical work practices or process
modification that can be implemented to reduce organic HAP emissions
from these activities. Therefore, we are proposing not to develop
standards under this NESHAP for either excavation operations or land
treatment activities. We specifically request comment on the technical
and practical feasibility of controlling HAP emissions from these
remediation activities, actual HAP emissions rates that occur, and the
costs of applying any applicable controls.
D. How Did We Determine MACT for the Affected Sources?
Section 112(d)(3) of the CAA specifies that the MACT standards for
existing sources cannot be less stringent than the average emission
limitation achieved by the best-performing 12 percent of existing
sources for categories and subcategories with 30 or more sources. There
are many more than 30 site remediations being conducted nationwide.
Therefore, the MACT floor for existing sources at site remediations is
established by the best-performing 12 percent of existing sources.
We reviewed our information for site remediations to find an
approach for identifying the best-performing 12 percent of existing
sources, arraying the data for each category of emission point. Our
data includes individual existing sites where remediation activities
use add-on air emission controls (e.g., venting air strippers through
carbon adsorbers, management of remediation wastes in covered tanks).
However, there are remediation sites in our data base at which no air
emission controls are used. The use of air emission controls at a given
location depends on a combination of factors including, but not limited
to, the type and extent of contamination requiring cleanup, the nature
of the site remediation activities used for the cleanup, and the
requirements imposed by the agency having oversight of the site
remediation.
Determining a MACT floor based on use of control measures other
than add-on controls (e.g., fuel switching, material substitution or
reformulation, process modification, material recycling within the
process) is not technically appropriate for, or applicable to, the site
remediation source category. This source category addresses HAP
emissions that are released from the cleanup of pre-existing
environmental contamination problems. By the time the need for site
remediation has been identified, the opportunity has passed for
applying any pollution prevention or source reduction techniques.
[[Page 49415]]
The use of add-on air emission controls by some existing site
remediation activities indicates that the average emission limitation
being achieved by the best performing 12 percent of these sources is at
some level above applying no controls (i.e., the emission limitation
achieved by best performing 12 percent of the sources is greater than
zero). The difficulty we are presented with is not having the
information to determine average emission limitation achieved by the
best performing 12 percent of existing sources at site remediations
nationwide. We do not have comprehensive nationwide facility survey
data by which we can state, with a reasonable level of confidence, that
the sources for which we do have air emission control data do indeed
represent the top 12 percent of the best performing existing sources
nationwide. These sources may represent well more than the top 12
percent but there also is the possibility that the sources represent
less than the top 12 percent. We do not have the data needed to
definitively calculate the statistical distribution of air emission
controls used at existing remediation sites nationwide.
Obtaining nationwide counts of existing site remediation activities
is not a trivial task given the uniqueness of the site remediation
source category. Many site remediations are voluntary actions and are
not reported for inclusion in existing EPA site remediation data bases.
Furthermore, some existing site remediations are performed to address a
unique contamination situation and may not be relevant to site
remediations that are performed in the future. A comprehensive
information collection survey to collect the needed data would require
very significant time and resource commitments by both us and the
survey respondents, and would not necessarily provide us with all of
the information we need. In addition, it is not clear that on-going
remediation activities have the available data needed to adequately
characterize the source category.
Given the uniqueness of the site remediation source category, the
extent of information currently available to us, and the complexities
of gathering additional meaningful information, we decided to forgo
statistically computing an emission limitation or identifying a
specific control technology that represents the MACT floor for site
remediations. The MACT floor for existing affected sources is some
level of air emission control beyond no controls. Because the
provisions of section 112 allow us to select MACT for a source category
that is more stringent than the MACT floor (provided that the control
level selected is technically achievable and that we consider the cost
of achieving the emissions reductions, any non-air quality health and
environmental impacts, and energy requirements associated with the
selected control level (CAA section 112(d)(2)), we chose to select the
MACT technology directly.
To select a MACT technology from alternatives beyond the MACT floor
for each affected source, we looked at the types of air emission
controls required under national air standards for sources similar to
those sources that potentially may be associated with site
remediations. These air standards are NESHAP for other source
categories, particularly the OSWRO NESHAP under 40 CFR part 63, subpart
DD, and the air standards for RCRA hazardous waste treatment, disposal,
and facilities under subparts AA, BB, and CC in 40 CFR parts 264 and
265 (RCRA Air Rules). The control levels established by the emission
limitation and work practices we are proposing here are being
implemented at existing sources subject to these similar rules; this
demonstrates that the control levels are technically achievable.
As stated in the previous paragraph, these control requirements and
action levels already exist in either the RCRA Air Rules or the OSWRO
NESHAP, or both. Given that these existing rules specify control
requirements for sources similar to those comprising the affected
source group for the Site Remediation NESHAP, and that sources already
regulated by these existing standards will likely manage and/or treat
remediation material regulated by the Site remediation NESHAP also, we
believe that the requirements within these existing rules represent
industry practice for remediation activities and therefore MACT for the
Site Remediation NESHAP. Nevertheless, we recognize that the existing
standards were designed for controlling emissions from ongoing
industrial activities that would continue for many years, rather than
for limited-duration activities such as site remediations. The Agency
requests comment on the appropriateness of using the existing standards
for limited-duration site remediations.
E. How Did We Select the Format of the Proposed Standards?
The proposed standards for the Site Remediation NESHAP consist of a
combination of several formats: numerical emission limits and operating
limits, equipment standards, and work practice standards. We selected
the formats for each of the proposed standards to be consistent with
the formats used in other NESHAP for similar organic HAP sources.
F. How Did We Select the Testing and Initial Compliance Requirements?
The Site Remediation NESHAP would control three different groups of
emission points: process vents, remediation material management units,
and equipment leaks. The control technologies and work practices used
to control these emission point groups would have different testing and
initial compliance requirements. The methods proposed for testing and
for demonstrating initial compliance with the proposed standards are
consistent with those in other NESHAP that require using these same
control technologies and work practices.
We selected the performance testing requirements to demonstrate
compliance with the control device emission limits based on the use of
the applicable EPA test methods. We propose in the proposed rule to use
EPA Methods 1, 1A, 2, 2A, 2C, 2D, 3, 4, 9, 18 (total organic HAP or
total organic compounds), 22, 25, 25A, 305 and 316 of 40 CFR part 60,
appendix A, and SW 846 9095A. Consistent with the National Technology
Transfer and Advancement Act (NTTAA), we conducted searches to identify
potential voluntary consensus standards that could be used in place of
these EPA methods. As discussed further in section V.H of this
preamble, no applicable voluntary consensus standards were identified
as practical alternatives to the EPA Methods included in the proposed
rule.
G. How Did We Select the Continuous Compliance Requirements?
Continuous monitoring is required under each NESHAP so that we can
determine whether a source remains in compliance following the initial
compliance determination. When determining appropriate monitoring
options, we considered the availability and feasibility of a number of
monitoring strategies ranging from continuous emission monitoring to
process and control device parameter monitoring.
Monitoring of control device operating parameters is considered
most appropriate for many other similar emission sources and,
therefore, we have included this as the primary monitoring approach in
these proposed standards. We selected operating parameters for the
following types of control devices that are reliable indicators of
control device performance: thermal and catalytic
[[Page 49416]]
oxidizers, flares, adsorbers, condensers, boilers, incinerators, and
process heaters. In general, we are proposing selected parameters and
monitoring provisions that were included in the OSWRO NESHAP. Sources
would monitor these parameters to demonstrate continuous compliance
with the emission limits and operating limits.
H. How Did We Select the Notification, Recordkeeping, and Reporting
Requirements?
The required notifications and other reporting are based on the
General Provisions in subpart A of 40 CFR part 63. The initial
notification and the semiannual compliance reports include information
on the remediation material and affected site remediation activities,
and they require any changes to this information to be reported in
subsequent reports. Similarly, records are required that will enable an
inspector to verify the facility's compliance status. Due to the nature
of control devices that would be installed on site remediation
processes and the emissions being controlled, we have determined that
control device parameter monitoring is appropriate in this
circumstance. The required records and reports are necessary to allow
the regulatory authority to verify that the source is continuing to
comply with the standards.
IV. Summary of Environmental, Energy, and Economic Impacts
A. What Are the Emissions Reductions?
We estimated nationwide organic HAP emissions from the site
remediations potentially subject to the proposed rule based on the
information available to us including remediation waste quantity and
treatment practice data for the year 1997 and earlier. Nationwide
organic HAP emissions from regulated sources are estimated to be
approximately 1,140 Mg/yr. Nationwide VOC emissions from regulated
sources are estimated to be approximately 7,360 Mg/yr. (Although not
all VOC are organic HAP, we may permissibly note the air benefits from
controlling non-HAP pollutants such as VOC when considering a MACT
standard. (See S. Rep. 101-228, 101st Cong. 1st sess. 172) We estimate
that implementation of the proposed rule would reduce these nationwide
air emissions by approximately 50 percent to 570 Mg/yr of HAP and 3,680
Mg/yr of VOC.
B. What Are the Cost Impacts?
The nationwide total capital investment cost and the annual
operating cost of the control equipment required to meet the proposed
standards are estimated to be $17.6 million and $5.8 million per year,
respectively. When fully implemented, the proposed rule is estimated to
result in a total annual cost of $8.2 million per year.
C. What Are the Economic Impacts?
The proposed rule would affect owners and operators of facilities,
subject to the exceptions described in section I.A of this preamble,
that are major sources of HAP emissions and at which a site remediation
is conducted to clean up media or other material contaminated with any
of the organic HAP substances listed in the proposed rule. Because of
the nature of activities regulated by the source category, a
comprehensive list of NAICS codes cannot be compiled for businesses or
facilities potentially regulated by this action. As a result, the
economic impact analyses focused on a set of industries from the 1997
Biennial Reporting System (BRS) database that were known to be large
quantity generators of hazardous waste and who were remediating
hazardous waste as part of a site remediation. We believe that the data
provides an adequate overview of the potential impacts of the proposed
rule. However we recognize that the actual industries directly impacted
by the proposed rule in the year the proposed rule is implemented and
the costs incurred by these industries may differ somewhat from the set
of industries identified in the 1997 BRS data and the costs assigned to
these industries for the purposes of the economic analysis.
In general, we did not find evidence of significant impacts at the
industry level. From the BRS data, over 80 industries were predicted to
have annual compliance costs as a result of the proposed rule, and 15
industries accounted for 91 percent of the national compliance cost
estimate of $8.16 million\2\. We employed an engineering or financial
analysis to estimate impacts, which takes the form of the ratio of
compliance costs to the value of sales (cost-to-sales ratio (CSR)). We
calculated CSR for 12 industries and found all had CSR below 0.02
percent. The CSR are less than the lower quartile return on sales for
all industries with profitability data available. We did not compute
CSR for the remaining three industries because revenue data were not
available.
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\2\ Value reported in $2000. For the economic impact analysis,
EPA adjusted this estimate to $1997 using a cost factor (0.9753)
developed from the Chemical Engineering Composite Plant Cost Index.
Thus, the total annual compliance costs in $1997 is $7.96 million.
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The CSR will likely overstate the impact on firms and understate
the impact on consumers. The CSR assumes that there are no changes in
the market as a result of the higher costs of production faced by the
firms and that the firms continue to produce the same quantities, sell
at the same price and absorb the full amount of the compliance costs.
Small business impacts were particularly difficult to assess
because of the uncertainty over the facilities that will actually be
impacted by the proposed rule. As a result, we concluded that
sufficient data and related information did not exist to conduct a
small business screening analysis.
D. What Are the Non-Air Quality Environmental and Energy Impacts?
Compliance with the standards in the proposed rule requires using
types of control equipment commonly in use to control organic emissions
from process sources at many of the industrial facilities at which site
remediations are most likely to occur. The non-air environmental and
energy impacts associated with implementing the requirements of the
proposed rule primarily are expected to result from the operation of
these control devices. No significant adverse water, solid waste, or
energy impacts are expected as a result of the proposed rule.
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees,
[[Page 49417]]
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.
It has been determined that the proposed rule is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is, therefore, not subject to OMB review.
B. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires the 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, the EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or the EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State law
unless the EPA consults with State and local officials early in the
process of developing the proposed regulation.
The proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Thus, the requirements of
section 6 of the Executive Order do not apply to the proposed rule.
C. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
Under section 5(b) of Executive Order 13175, EPA may not issue a
regulation that has tribal 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 tribal governments, or EPA consults with
tribal officials early in the process of developing the proposed
regulation. Under section 5(c) of Executive Order 13175, EPA may not
issue a regulation that has tribal implications and that preempts
tribal law, unless the Agency consults with tribal officials early in
the process of developing the proposed regulation.
The EPA has concluded that the proposed rule may have tribal
implications since site remediation activities could be conducted on
tribal lands. We do not have any information identifying specific
remediation activities being conducted at this time. However, it will
neither impose substantial direct compliance costs on tribal
governments, nor preempt State law. Thus, the requirements of sections
5(b) and 5(c) of the Executive Order do not apply to the proposed rule.
Consistent with EPA policy, EPA nonetheless has made attempts to
invite tribal representatives to participate in the rulemaking
activities early in the process of developing this proposed rule to
permit them to have meaningful and timely input into its development.
We have contacted tribal representatives and groups directly to notify
them of this proposed rule development activity and to solicit their
participation. Despite these efforts, EPA has not been contacted by
tribal representatives to participate in the rulemaking process to
date.
In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communications between EPA and tribal governments,
EPA specifically solicits comment on the proposed rule from tribal
officials.
D. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the proposed rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the EPA.
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 Executive Order has
the potential to influence the regulation. The proposed rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks. No children's risk
analysis was performed because no alternative technologies exist that
would provide greater stringency at a reasonable cost. Furthermore, the
proposed rule has been determined not to be ``economically
significant'' as defined under Executive Order 12866.
E. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it
is not a significant regulatory action under Executive Order 12866.
F. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any 1 year. Before promulgating
[[Page 49418]]
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 of 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 the proposed rule does 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 the
private sector in any 1 year. The maximum total annual cost of the
proposed rule for any year has been estimated to be about $23.4
million. Thus, today's proposed rule is not subject to the requirements
of sections 202 and 205 of the UMRA. In addition, the EPA has
determined that the proposed rule contains no regulatory requirements
that might significantly or uniquely affect small governments because
it contains no requirements that apply to such governments or impose
obligations upon them. Therefore, today's proposed rule is not subject
to the requirements of section 203 of the UMRA.
G. Regulatory Flexibility Act (RFA) As Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
Under the Regulatory Flexibility Act, the Agency must prepare a
Regulatory Flexibility Analysis unless the Administrator certifies that
the rule, if promulgated, will not impose a significant economic impact
on a substantial number of small entities. The Courts consistently have
held that the provisions of the RFA apply only with respect to small
entities that are subject to the proposed rule. The proposed rule sets
minimum standards to be met when parties engage in future site
remediation activities, but it does not itself require any party to
undertake such activities. States may choose to direct a party to
undertake site remediation, or parties may undertake remediation
activities voluntarily. Today's action places no requirement on any
party to initiate site remediation activities. The EPA anticipates that
parties that undertake site remediation activities generally will do so
voluntarily and that the impact of the proposed rule on those parties
would not be significant. Further, because States and other parties
will decide whether to undertake site remediation activities, it is
extremely difficult, if not impossible, to predict how many or what
types of small entities will undertake such activities. In addition,
the proposed rule is structured to avoid impacts on small businesses.
The proposed rule specifically excludes from its scope remediation
activities conducted at gasoline stations, farm sites and residential
sites (on the ground that these remediation activities would not exceed
the threshold for major sources). Moreover, the proposed rule would
apply only to remediation sites located at a facility that is a major
source under the CAA and engages in a ``MACT activity'' (defined as a
non-remediation activity covered in the MACT list of major source
categories pursuant to CAA section 112(c)). Such sources tend to be
large businesses. The proposed rule also contains emissions thresholds
that are not likely to apply to small businesses. For example, the
proposed rule exempts sources where the total annual quantity of HAP
contained in all extracted remediation material at the facility is less
than 1 Mg/yr. For these reasons, I certify that the rule, if
promulgated, will not impose a significant economic impact on a
substantial number of small entities.
H. Paperwork Reduction Act
We will submit the information collection requirements in the
proposed rule for approval to the Office of Management and Budget under
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An Information
Collection Request (ICR) document has been prepared by EPA (ICR No.
2062.01) and you may obtain a copy from Susan Auby by mail at U.S. EPA,
Office of Environmental Information, Collection Strategies Division
(2822T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, by e-mail
at [email protected], or by calling (202) 566-1672. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr. The information
requirements are not effective until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to the EPA
pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to EPA
policies set forth in 40 CFR part 2, subpart B.
The proposed rule would require maintenance inspections of the
control devices but would not require any notifications or reports
beyond those required by the General Provisions in subpart A to 40 CFR
part 63. The recordkeeping requirements require only the specific
information needed to determine compliance.
The annual monitoring, reporting, and recordkeeping burden to
affected sources for this collection (averaged over the first 3 years
after the effective date of the promulgated rule) is estimated to be
341,737 labor-hours per year, with a total annual cost of $17.7 million
per year. These estimates include a one-time performance test and
report (with repeat tests where needed), one-time submission of an SSMP
with semiannual reports for any event when the procedures in the plan
were not followed, semiannual compliance reports, maintenance
inspections, notifications, and recordkeeping.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to
[[Page 49419]]
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for the EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. Comments
are requested on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including through the use of automated
collection techniques. By U.S. Postal Service, send comments on the ICR
to the Director, Collection Strategies Division, U.S. EPA (2822T), 1200
Pennsylvania Ave., NW., Washington, DC 20460, and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th St., NW., Washington, DC 20503, marked ``Attention: Desk
Officer for EPA''.; or by courier, send comments on the ICR to the
Director, Collection Strategies Division, U.S. EPA (2822T), 1301
Constitution Avenue, NW., Room 6143, Washington, DC 20460 (202) 566-
1700. Include the ICR number in any correspondence. Since OMB is
required to make a decision concerning the ICR between 30 and 60 days
after July 30, 2002, a comment to OMB is best assured of having its
full effect if OMB receives it by August 29, 2002. The final rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.
I. National Technology Transfer and Advancement Act
Under section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA) (Public Law No. 104-113, all Federal
agencies are required to use voluntary consensus standards (VCS) in
their regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA requires Federal agencies to provide Congress, through annual
reports to OMB, with explanations when an agency does not use available
and applicable VCS.
The proposed rulemaking involves technical standards. The EPA
proposes in the proposed rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D,
3, 4, 9, 18 (total organic HAP or total organic compounds), 22, 25,
25A, 305 and 316 of 40 CFR part 60, appendix A, and Method 9095A in SW
846, ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods.'' Consistent with the NTTAA, EPA conducted searches to
identify VCS in addition to these EPA methods. No applicable VCS were
identified for EPA Methods included in the proposed rule.
The search for emissions measurement procedures identified 12 VCS
as potential alternatives to the EPA methods specified in the proposed
rule. Following further evaluation, the EPA determined that ten of
these 12 standards identified for measuring emissions of HAP or
surrogates subject to emissions standards in the proposed rule were
impractical alternatives to EPA test methods for the purposes of the
proposed rule. Therefore, the EPA does not intend to adopt these
standards. The reasons for the determinations of these nine methods are
discussed below.
The standard ISO 10780:1994, ``Stationary Source Emissions--
Measurement of Velocity and Volume Flowrate of Gas Streams in Ducts,''
is impractical as an alternative to EPA Method 2 in the proposed rule.
This standard, ISO 10780:1994, recommends the use of L-shaped pitots,
which historically have not been recommended by EPA because the S-type
design has large openings which are less likely to plug up with dust.
The standard ASTM D3464-96, ``Standard Test Method Average Velocity
in a Duct Using a Thermal Anemometer,'' is impractical as an
alternative to EPA Method 2 for the purposes of the proposed rule
primarily because applicability specifications are not clearly defined,
(e.g., range of gas composition, temperature limits). Also, the lack of
supporting quality assurance data for the calibration procedures and
specifications, and certain variability issues that are not adequately
addressed by the ASTM standard limit EPA's ability to make a definitive
comparison of the method in these areas.
The VCS ASTM D6060 (in review 2000), ``Practice for Sampling of
Process Vents with a Portable Gas Chromatograph,'' is an impractical
alternative for EPA Method 18 for the purposes of the proposed rule
because it lacks acceptance criteria for calibration, details on using
other collection media (e.g., solid sorbents), and reporting/
documentation requirements that are included in EPA Method 18.
The VCS ASTM D6420-99, ``Standard Testing Method for Determination
of Gaseous Organic Compounds by Direct Interface Gas Chromatography-
Mass Spectrometry (GC/MS),'' also is an impractical alternative for EPA
Method 18 for the purposes of the proposed rule. This method only
detects 25 of the 98 specific organic HAP constituents subject to
regulation by the proposed rule. The specific organic HAP composition
of the remediation material to be cleaned up is often unknown and using
a method to determine compliance with total organic HAP emissions
limitations that only detects a narrow subset of the entire group of 98
organic HAP compounds subject to the proposed rule is not appropriate.
Method 18 is the only method currently available to ensure that all 98
HAP compounds regulated by the proposed rule are accounted for in the
computation of the total organic HAP emissions from an affected source.
We request comment on our decision not to include ASTM method D6420-99.
Two VCS, EN 12619:1999 ``Stationary Source Emissions-Determination
of the Mass Concentration of Total Gaseous Organic Carbon at Low
Concentrations in Flue Gases--Continuous Flame Ionization Detector
Method'' and ISO 14965:2000(E) ``Air Quality-Determination of Total
Nonmethane Organic Compounds-Cryogenic Preconcentration and Direct
Flame Ionization Method,'' are impractical alternatives to EPA Method
25A for the purposes of this rulemaking because the standards do not
apply to solvent process vapors in concentrations greater than 40 ppm
for EN 12619 and 10 ppm carbon for ISO 14965. Methods with whose upper
limits are this low are too limited to be useful in measuring source
emissions, which are expected to be much higher.
Four of the nine VCS are impractical alternatives to EPA test
methods for the purposes of the proposed rule because they are too
general, too broad, or not sufficiently detailed to assure compliance
with EPA regulatory requirements: ASTM D3796-90 (Reapproved 1996),
``Standard Practice for Calibration of Type S Pitot Tubes,'' for EPA
Method 2; ASME C00031 or PTC 19-10-1981--Part 10, ``Flue and Exhaust
Gas Analyses,'' for EPA Method 3; ASTM E337-84 (Reapproved 1996),
``Standard Test Method for Measuring Humidity with a Psychrometer (the
Measurement of Wet- and Dry-Bulb Temperatures),'' for EPA Method 4; and
ASTM D3154-91, ``Standard Method for Average Velocity in a Duct (Pitot
Tube Method),'' for EPA Methods 1, 2, 2C, 3, and 4. Two of the 11 VCS
identified in this search were not available at the time the review was
conducted for the purposes of the proposed rule because they are under
development by a voluntary consensus body: ASME/BSR MFC 13M, ``Flow
Measurement by Velocity Traverse,'' for EPA Method 1 (and possibly 2);
and ASME/BSR MFC 12M, ``Flow in Closed Conduits Using
[[Page 49420]]
Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2. While
we are not proposing to include these two VCS in today's proposed rule,
the EPA will consider the standards when they are finalized.
The EPA takes comment on the compliance demonstration requirements
in the proposed rule and specifically invites the public to identify
potentially-applicable VCS. The commenter should also explain why this
regulation should adopt these VCS in lieu of or in addition to EPA's
standards. Emission test methods and performance specifications
submitted for evaluation should be accompanied with a basis for the
recommendation, including method validation data and the procedure used
to validate the candidate method (if a method other than Method 301, 40
CFR part 63, Appendix A was used).
Section 63.2406 and Table 5 of the proposed subpart GGGGG list the
EPA testing methods and performance standards included in the proposed
rule. Most of the standards have been used by States and industry for
more than 10 years. Nevertheless, under Sec. 63.7(f) of subpart A of 40
CFR part 63, the proposed rule also allows any State or source to apply
to the EPA for permission to use an alternative method in place of any
of the EPA testing methods or performance standards listed in the
proposed rule.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: July 3, 2002.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63, of the Code of the Federal Regulations is proposed to be amended as
follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 63 is amended by adding subpart GGGGG to read as follows:
Subpart GGGGG--National Emission Standards for Hazardous Air
Pollutants: Site Remediation
What This Subpart Covers
Sec.
63.7880 What is the purpose of this subpart?
63.7881 Am I subject to this subpart?
63.7882 What activities at my facility does this subpart cover?
63.7883 When do I have to comply with this subpart?
Emissions Limitations and Work Practice Standards
63.7890 What emissions limitations and work practice standards must
I meet?
General Compliance Requirements
63.7900 What are my general requirements for complying with this
subpart?
63.7901 What requirements must I meet if I transfer remediation
material to another party, another facility, or receive remediation
material from another facility?
Testing and Initial Compliance Requirements
63.7910 By what date must I conduct performance tests or other
initial compliance demonstrations?
63.7911 When must I conduct subsequent performance tests?
63.7912 What tests, design evaluations, and other procedures must I
use?
63.7913 What are my monitoring installation, operation, and
maintenance requirements?
63.7914 How do I demonstrate initial compliance with the emissions
limitations and work practice standards?
Continuous Compliance Requirements
63.7920 How do I monitor and collect data to demonstrate continuous
compliance?
63.7921 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards?
Notifications, Reports, and Records
63.7930 What notifications must I submit and when?
63.7931 What reports must I submit and when?
63.7932 What records must I keep?
63.7933 In what form and how long must I keep my records?
Other Requirements and Information
63.7940 What parts of the General Provisions apply to me?
63.7941 Who implements and enforces this subpart?
63.7942 What definitions apply to this subpart?
Tables to Subpart GGGGG of Part 63
Table 1 to Subpart GGGGG of Part 63--Hazardous Air Pollutants
Table 2 to Subpart GGGGG of Part 63--Emissions Limitations for
Process Vent Affected Sources
Table 3 to Subpart GGGGG of Part 63--Emissions Limitations for
Remediation Material Management Unit Affected Sources
Table 4 to Subpart GGGGG of Part 63--Operating Limits and Associated
Work Practices for Control Devices
Table 5 to Subpart GGGGG of Part 63--Work Practice Standards
Table 6 to Subpart GGGGG of Part 63--Requirements for Performance
Tests
Table 7 to Subpart GGGGG of Part 63--Initial Compliance With
Emissions Limitations
Table 8 to Subpart GGGGG of Part 63--Initial Compliance with Work
Practice Standards
Table 9 to Subpart GGGGG of Part 63--Continuous Compliance with
Emissions Limitations
Table 10 to Subpart GGGGG of Part 63--Continuous Compliance with
Operating Limits
Table 11 to Subpart GGGGG of Part 63--Continuous Compliance with
Work Practice Standards
Table 12 to Subpart GGGGG of Part 63--Requirements for Reports
Table 13 to Subpart GGGGG of Part 63--Applicability of General
Provisions to Subpart GGGGG
Subpart GGGGG--National Emission Standards for Hazardous Air
Pollutants--Site Remediation
What This Subpart Covers
Sec. 63.7880 What is the purpose of this subpart?
This subpart establishes national emissions limitations and work
practice standards for hazardous air pollutants (HAP) emitted from site
remediation activities. This subpart also establishes requirements to
demonstrate initial and continuous compliance with the emissions
limitations and work practice standards.
Sec. 63.7881 Am I subject to this subpart?
(a) This subpart covers remediation activities within the site
remediation source category, which excludes remediation at gasoline
stations, farm sites and residential sites.
(b) This subpart applies to you if you meet all of the criteria
listed in paragraphs (b)(1) and (2) of this section:
(1) You own or operate a site remediation activity that is
collocated within a facility with other sources that are individually
or collectively a major source of HAP emissions; and
(2) A MACT activity, as defined in Sec. 63.7942, is performed at
the facility.
(c) Remediation means the cleanup of remediation material. For the
purposes of this subpart, monitoring or measuring contamination levels
through wells, or by sampling, is not considered to be remediation.
(d) A major source of HAP is any stationary source or group of
stationary sources located within a contiguous area and under common
control that emits or has the potential to emit any single HAP at a
rate of 9.07 megagrams (10 tons) or more per year or any combination of
HAP at a rate of 22.68 megagrams (25 tons) or more per year. A source
that is not a major source is an area source.
(e) You are not subject to the requirements of this subpart if any
of the criteria in paragraphs (d)(1) through (7) of this section apply.
[[Page 49421]]
(1) Your facility is an area source; or
(2) A MACT activity is not performed at your facility; or
(3) You are not conducting a remediation activity at your facility;
or
(4) You do not have an affected source involved in any remediation
activity conducted at the facility; or
(5) Your facility is a research and development facility,
consistent with section 112(b)(7) of the CAA.
(6) The remediation is performed under the authority of the
Comprehensive Environmental Response and Compensation Liability Act.
(7) Your remediation activity is a corrective action:
(i) At a Resource Conservation and Recovery Act (RCRA) Treatment,
Storage and Disposal facility (TSDF) permitted either by the U.S.
Environmental Protection Agency (EPA) or under a state program
authorized by EPA under RCRA section 3006;
(ii) At an interim status TSDF conducted under an order imposed by
EPA or a state program authorized for corrective action under RCRA
section 3006; or
(iii) at any facility as required by orders authorized under RCRA
section 7003.
(f) You are not subject to the requirements of this subpart, except
for the recordkeeping requirements in Sec. 63.7933, if all remediation
activities at your facility subject to this subpart are completed and
you have notified the Administrator in writing that all remediation
activities subject to this subpart are completed. All future
remediation activity meeting the applicability criteria in paragraph
(b) of this section must comply with the requirements of this subpart.
Sec. 63.7882 What activities at my facility does this subpart cover?
(a) This subpart applies to each new, reconstructed, or existing
remediation affected source. The emissions sources listed in paragraphs
(b)(1) through (3) of this section located at a facility meeting the
criteria specified in Sec. 63.7881(a) constitute the affected source:
(b)(1) Process vents. The affected source is the entire group of
process vents associated with both in situ and ex situ remediation.
(2) Remediation material management units. The affected source is
the entire group of tanks, surface impoundments, containers, oil/water
separators, organic/water separators and transfer systems involved in
remediation. For the purpose of implementing the standards under this
subpart, a unit that meets the definition of a tank or container that
is also equipped with a vent that serves as a process vent for
processes including, but not limited to, air stripping and solvent
extraction, as defined in Sec. 63.7942, is not a remediation material
management unit, but instead is a process vent and is to be included in
the appropriate affected source group under paragraph (b)(1) of this
section.
(3) Equipment leaks. The affected source is the entire group of
equipment components (pumps, valves, etc.) involved in remediation,
meeting both of the conditions specified in paragraphs (b)(3)(i) and
(ii) of this section. If either of these conditions do not apply to an
equipment component, then that component is not part of the affected
source for equipment leaks.
(i) The equipment component contains or contacts remediation
material having a total HAP concentration equal to or greater than 10
percent by weight; and
(ii) The equipment component is intended to operate for 300 hours
or more during a calendar year in remediation material service, as
defined in Sec. 63.7942.
(c) Exceptions. (1) Facility-wide exemption. You are exempt from
the requirements of this subpart where the total annual quantity of HAP
contained in all extracted remediation material at the facility
(including HAP emitted from process vents) is less than 1 megagram per
year. For your facility to be exempt under the provisions of this
paragraph, you must meet the requirements in paragraphs (c)(1)(i)
through (iii) of this section.
(i) You must prepare an initial determination of the total annual
HAP quantity in the extracted remediation material at the facility.
This determination is based on the total quantity of HAP in Table 1 of
this subpart as determined at the point-of-extraction for each
remediation material component. The quantity of HAP contained in vent
streams from in situ remediation operations must be included in the
determination of the total annual organic HAP quantity in Table 1 of
this subpart. The HAP quantity in the vent streams must be determined
prior to any control devices.
(ii) You must prepare a new determination whenever the extent of
changes to the quantity or composition of the remediation material
extracted at the facility could cause the total annual HAP quantity in
Table 1 of this subpart in the extracted remediation material to exceed
1 megagram per year.
(iii) You must maintain documentation to support your determination
of the total annual HAP quantity in the extracted remediation material.
This documentation must include the basis and data used for determining
the HAP content of the extracted remediation material.
(2) Affected source exemption. Any affected source that is also
subject to another subpart under 40 CFR part 61 or 40 CFR part 63,
where you are controlling the HAP in Table 1 of this subpart that are
emitted from the source in compliance with the provisions specified in
the other applicable subpart under part 61 or 63, is exempt from the
requirements of Secs. 63.7883 through 63.7933.
(3) Process vents. You are exempt from the requirements of
Secs. 63.7890 through 63.7933 for process vents if any of the criteria
listed in paragraphs (c)(3)(i) through (iv) of this section are met,
except that the records of the determination of these criteria must be
maintained as required in Sec. 63.7932(a)(4):
(i) Affected process vents where the emissions of HAP in Table 1 of
this subpart from all vents at the facility involved in remediation are
below 1.4 kilograms per hour (3 pounds per hour) and 2.8 megagrams per
year (3.1 tons per year) as determined by the procedures specified in
Sec. 63.7912(f).
(ii) Individual process vents associated with ex situ remediation
operations that manage remediation material with a Table 1 (of this
subpart) HAP concentration less than 10 parts per million by weight
(ppmw). The HAP concentration must be determined in accordance with the
procedures specified in Sec. 63.7912(a). Documentation must be prepared
by the owner or operator and maintained at the facility to support the
determination of the remediation material concentration. This
documentation must include identification of each process vent exempted
under this paragraph and any test results used to determine the HAP
concentration.
(iii) Individual process vents where you determine that the process
vent stream flow rate is less than 6.0 cubic meters per minute
(m3/min) at standard conditions (as defined in 40 CFR 63.2)
and the total HAP concentration is less than 20 parts per million by
volume (ppmv). The process vent stream flow rate and total HAP
concentration must be determined in accordance with the procedures
specified in Sec. 63.694(m). For the purposes of this subpart, when you
read the term ``HAP listed in Table 1 of this subpart'' in 40 CFR
Subpart DD, you should refer to Table 1 of this Subpart. Documentation
must be prepared by the owner or operator and maintained at the
facility to support the
[[Page 49422]]
determination of the process vent stream flow rate and total HAP
concentration. This documentation must include identification of each
process vent exempted under this paragraph and the test results used to
determine the process vent stream flow rate and total HAP
concentration. You must perform a new determination of the process vent
stream flow rate and total HAP concentration when the extent of changes
to operation of the unit on which the process vent is used could cause
either the process vent stream flow rate to exceed the limit of 6.0
m3/min or the total HAP concentration to exceed the limit of
20 ppmv.
(iv) Individual process vents where you determine that the process
vent stream flow rate is less than 0.005 m3/min at standard
conditions (as defined in 40 CFR 63.2). The process vent stream flow
rate must be determined in accordance with the procedures specified in
Sec. 63.694(m). Documentation must be prepared by the owner or operator
and maintained at the facility to support the determination of the
process vent stream flow rate. This documentation must include
identification of each process vent exempted under this paragraph and
the test results used to determine the process vent stream flow rate.
(4) Remediation material management units. You are exempt from the
requirements of Secs. 63.7890 through 63.7932 for units where any of
the criteria listed in paragraphs (c)(4)(i) or (ii) of this section are
met, except that the records of the determination of these criteria
must be maintained as required in Sec. 63.7932(a)(4):
(i) The volatile organic HAP (VOHAP) concentration of the
remediation material managed in the unit is less than 500 ppmw. You
must follow the requirements in Sec. 63.7912(a) to demonstrate that the
VOHAP concentration of the remediation material is less than 500 ppmw.
Once the VOHAP concentration has been determined to be less than 500
ppmw, all management units downstream from the point of determination
are exempt from the control requirements of this subpart unless a
remediation process is used that concentrates all, or part of, the
remediation material being managed in the unit such that the VOHAP
concentration equals or exceeds 500 ppmw (e.g., free-product
separation).
(ii) At your discretion, one or a combination of remediation
material management units may be exempted from the requirements in this
subpart when the quantity of total annual HAP in Table 1 of this
subpart placed in the units exempted under this paragraph is less than
1 megagram per year. For the units to be exempted from the requirements
of this subpart, you must meet the requirements in
Sec. 63.683(b)(2)(ii)(A) and (B). You may change the units selected to
be exempted under this paragraph by preparing a new designation for the
exempt units as required by Sec. 63.683(b)(2)(ii)(A) and performing a
new determination as required by Sec. 63.683(b)(2)(ii)(B).
(5) Tanks and surface impoundments. You are exempt from the
requirements of Secs. 63.7890 (excluding Sec. 63.7890(a)) through
63.7932 for any tank or surface impoundment used for biological
treatment processes where the requirements of Sec. 63.683(b)(2)(iii)(A)
or (B) and monitored in accordance with Sec. 63.684(e)(4) are met,
except that the records of the determination of these criteria must be
maintained as required in Sec. 63.7932(a)(4).
(6) Cleanup of any contamination where removal or treatment of the
material begins within seven days from the time that the contamination
occurs. The cleanup process should be continuous (i.e., performed every
workday) and typically completed in 30 days or less.
(7) Radioactive mixed waste managed in accordance with all
applicable regulations under the Atomic Energy Act and the Nuclear
Waste Policy Act authorities.
(d) An affected source is a new affected source if you commenced
construction of the affected source after July 30, 2002 and you meet
the applicability criteria in Sec. 63.7881 at the time you commenced
construction.
(e) An affected source is reconstructed if you meet the criteria as
defined in Sec. 63.2 of subpart A of this part.
(f) An affected source is existing if it is not new or
reconstructed.
Sec. 63.7883 When do I have to comply with this subpart?
(a) If you have a new or reconstructed affected source, you must
comply with this subpart according to the guidance in paragraphs (a)(1)
and (2) of this section.
(1) If you startup your affected source before the effective date
of the subpart, then you must comply with the emissions limitations and
work practice standards in this subpart no later than the effective
date of the subpart. If you startup your affected source before the
effective date of the subpart, but the affected source will not operate
on or after the effective date of the subpart, then that affected
source is not subject to any of the requirements contained in this
subpart.
(2) If you startup your affected source after the effective date of
the subpart, then you must comply with the emissions limitation and
work practice standards in this subpart upon startup of your affected
source.
(b) If you have an existing affected source, you must comply with
the emissions limitations and work practice standards for existing
sources no later than 3 years after [DATE OF PUBLICATION OF FINAL RULE
IN THE Federal Register]. If you have an existing affected source that
will not be in operation on or after 3 years after [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal Register], then the affected source is not
subject to any of the requirements contained in this subpart.
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP,
paragraphs (c)(1) and (2) of this section apply:
(1) Any portion of the existing facility that is a new affected
source or a new reconstructed source must be in compliance with this
subpart upon startup.
(2) All other parts of the source must be in compliance with this
subpart by no later than 3 years after it becomes a major source.
(d) You must meet the notification requirements in Sec. 63.7931(a)
according to the schedule in Sec. 63.7931(b) and in subpart A of this
part. Some of the notifications must be submitted before you are
required to comply with the emissions limitations and work practice
standards in this subpart.
Emissions Limitations and Work Practice Standards
Sec. 63.7890 What emissions limitations and work practice standards
must I meet?
(a) You must meet each emissions limitation for process vent
affected sources in Table 2 of this subpart that applies to you.
(b) You must meet each emissions limitation for remediation
material management unit affected sources in Table 3 of this subpart
that applies to you.
(c) You must meet each operating limit in Table 4 of this subpart
that applies to you. In lieu of the operating limits in Table 4 of this
subpart, you may choose to establish an operating limit based on total
organic or HAP emissions concentration using a continuous emissions
monitoring system (CEMS). In this case, the average outlet total
organic or HAP
[[Page 49423]]
concentration in any 24-hour period must not exceed the average
concentration established during the performance test (see
Sec. 63.7913(f)).
(d) You must meet each work practice standard in Table 5 of this
subpart that applies to you.
(e) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section. If you apply for permission to use an alternative to the work
practice standards in this section, you must submit the information
described in Sec. 63.6(g)(2).
General Compliance Requirements
Sec. 63.7900 What are my general requirements for complying with this
subpart?
(a) You must be in compliance with the emissions limitations
(including operating limits) and the work practice standards in this
subpart at all times, except during periods of startup, shutdown, and
malfunction.
(b) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec. 63.6(e)(1)(i).
(c) You must develop and implement a written startup, shutdown, and
malfunction plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
(d) For each monitoring system required in this section, you must
develop and make available for inspection by the permitting authority,
upon request, a site-specific monitoring plan that addresses the
following:
(1) Installation of the continuous monitoring system (CMS) sampling
probe or other interface at a measurement location relative to each
affected process unit such that the measurement is representative of
control of the exhaust emissions (e.g., on or downstream of the last
control device);
(2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system; and
(3) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
(e) In your site-specific monitoring plan, you must also address
the following:
(1) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec. 63.8(c)(1), (3), (4)(ii), (7), and
(8);
(2) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 63.8(d); and
(3) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
(f) You must conduct a performance evaluation of each CMS in
accordance with your site-specific monitoring plan.
(g) You must operate and maintain the CMS in continuous operation
according to the site-specific monitoring plan.
Sec. 63.7901 What requirements must I meet if I transfer remediation
material to another party, another facility or receive remediation
material from another facility?
(a) You may elect to transfer remediation material to an on-site
remediation operation not owned or operated by the owner or operator of
the remediation material, or to an off-site treatment operation. If you
manage remediation material meeting the criteria in Sec. 63.7882 you
must comply with the requirements in paragraphs (a)(1) through (4) of
this section.
(1) The owner or operator transferring the remediation material
must:
(i) Comply with the provisions specified in Secs. 63.7890 through
63.7933 of this subpart for each affected source that manages
remediation material prior to shipment or transport.
(ii) Include a notice with the shipment or transport of each
remediation material item. The notice must state that the remediation
material contains organic HAP that are to be treated in accordance with
the provisions of this subpart. When the transport is continuous or
ongoing (for example, discharge to a publicly owned treatment works),
the notice must be submitted to the treatment operator initially and
whenever there is a change in the required treatment.
(2) You may not transfer the remediation material unless the
transferee has submitted to the EPA a written certification that the
transferee will manage and treat the remediation material received from
a source subject to the requirements of this subpart in accordance with
the requirements of Secs. 63.7890 through 63.7933. The certifying
entity may revoke the written certification by sending a written
statement to the EPA and the owner or operator providing at least 90
days notice that the certifying entity is rescinding acceptance of
responsibility for compliance with the regulatory provisions listed in
this paragraph. Upon expiration of the notice period, you may not
transfer the remediation material to the treatment operation.
(3) By providing this written certification to the EPA, the
certifying entity accepts responsibility for compliance with the
regulatory provisions listed in paragraph (a)(2) of this section with
respect to any shipment of remediation material covered by the written
certification. Failure to abide by any of those provisions with respect
to such shipments may result in enforcement action by the EPA against
the certifying entity in accordance with the enforcement provisions
applicable to violations of these provisions by owners or operators of
sources.
(4) Written certifications and revocation statements to the EPA
from the transferees of remediation material must be signed by the
responsible official of the certifying entity, provide the name and
address of the certifying entity, and be sent to the appropriate EPA
Regional Office at the addresses listed in 40 CFR 63.13. Such written
certifications are not transferable by the treater.
Testing and Initial Compliance Requirements
Sec. 63.7910 By what date must I conduct performance tests or other
initial compliance demonstrations?
(a) For existing sources, you must conduct performance tests within
180 calendar days after the compliance date that is specified for your
source in Sec. 63.7883(b).
(b) For new sources, you must conduct initial performance tests and
other initial compliance demonstrations according to the provisions in
Sec. 63.7(a)(2)(i) and (ii).
Sec. 63.7911 When must I conduct subsequent performance tests?
For non-flare control devices, you must conduct the performance
testing required in Table 6 of this subpart at any time the EPA
requires you to in accordance with section 114 of the CAA.
Sec. 63.7912 What tests, design evaluations, and other procedures must
I use?
(a) Determination of average VOHAP concentration of material prior
to, or at, the point of management or treatment. This section specifies
the testing methods and procedures required for determining the average
VOHAP concentration for remediation material.
(1) These methods may be used to determine the average VOHAP
concentration of any material listed in (a)(1)(i) through (iii) of this
section.
(i) A single remediation material stream; or
(ii) Two or more remediation material streams that are combined
prior to, or within, a management or treatment unit or operation; or
(iii) Remediation material that is combined with one or more non-
[[Page 49424]]
remediation material streams prior to, or within, a management or
treatment operation or unit.
(2) The average VOHAP concentration of a material must be
determined using either direct measurement as specified in paragraph
(a)(3) of this section or by knowledge as specified in paragraph (a)(4)
of this section.
(3) Direct measurement to determine VOHAP concentration.
(i) Sampling. Samples of each material stream must be collected
from the container, pipeline, or other device used to deliver each
material stream prior to entering the treatment or management unit in a
manner such that volatilization of organics contained in the sample is
minimized and an adequately representative sample is collected and
maintained for analysis by the selected method.
(A) The averaging period to be used for determining the average
VOHAP concentration for the material stream on a mass-weighted average
basis must be designated and recorded. The averaging period can
represent any time interval that the owner or operator determines is
appropriate for the material stream but must not exceed 1 year. For
streams that are combined, an averaging period representative for all
streams must be selected.
(B) No less than four samples must be collected to represent the
complete range of HAP compositions and HAP quantities that occur in
each material stream during the entire averaging period due to normal
variations in the material stream(s). Examples of such normal
variations are variation of material HAP concentration within a
contamination area or seasonal variations in non-remediation material
quantity.
(C) All samples must be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in
a site sampling plan. This plan must describe the procedure by which
representative samples of the material stream(s) are collected such
that a minimum loss of organics occurs throughout the sample collection
and handling process and by which sample integrity is maintained. A
copy of the written sampling plan must be maintained on site in the
facility operating records. An example of an acceptable sampling plan
includes a plan incorporating sample collection and handling procedures
in accordance with the requirements specified in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
(ii) Analysis. Each collected sample must be prepared and analyzed
in accordance with either one of the methods listed in
Sec. 63.694(b)(2)(ii), or any current EPA Contracts Lab Program method
(or future revisions) capable of identifying all the HAP in Table 1 of
this subpart.
(iii) Calculations. The average VOHAP concentration C on a mass-
weighted basis must be calculated by using the results for all samples
analyzed in accordance with paragraph (a)(3)(ii) of this section and
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.000
where:
C = Average VOHAP concentration of the material on a mass-weighted
basis, ppmw.
i= Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4 per
stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by
Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as
determined in accordance with the requirements of (a)(3)(ii) of this
section, ppmw.
(4) Knowledge of the material to determine VOHAP concentration.
(i) Documentation must be prepared that presents the information
used as the basis for the owner's or operator's knowledge of the
material stream's average VOHAP concentration. Examples of information
that may be used as the basis for knowledge include: material balances
for the source(s) generating each material stream; species-specific
chemical test data for the material stream from previous testing that
are still applicable to the current material stream; test data for
material from the contamination area(s) being remediated; or other
knowledge based on information included in manifests, shipping papers,
or waste certification notices.
(ii) If test data are used as the basis for knowledge, then the
owner or operator must document the test method, sampling protocol, and
the means by which sampling variability and analytical variability are
accounted for in the determination of the average VOHAP concentration.
For example, an owner or operator may use HAP concentration test data
for the material stream that are validated in accordance with Method
301 in 40 CFR part 63, appendix A of this part as the basis for
knowledge of the material. This information must be provided for each
material stream where streams are combined.
(iii) An owner or operator using species-specific chemical
concentration test data as the basis for knowledge of the material may
adjust the test data to the corresponding average VOHAP concentration
value which would be obtained had the material samples been analyzed
using Method 305. To adjust these data, the measured concentration for
each individual HAP chemical species contained in the material is
multiplied by the appropriate species-specific adjustment factor
(fm305) listed in Table 1 of this subpart.
(iv) In the event that the Administrator and the owner or operator
disagree on a determination of the average VOHAP concentration for a
material stream using knowledge, then the results from a determination
of VOHAP concentration using direct measurement as specified in
paragraph (a)(3) of this section must be used to establish compliance
with the applicable requirements of this subpart. The Administrator may
perform or request that the owner or operator perform this
determination using direct measurement.
(b) You must conduct either each performance test in Table 6 of
this subpart that applies to you or each design analysis specified in
Sec. 63.693(d)(2)(ii), (e)(2)(ii), (f)(2)(ii), or (g)(2)(i)(B) that
applies to you.
(c) You must conduct each performance test according to the
requirements in Sec. 63.7(e)(1) and under the specific conditions that
this subpart specifies in Table 6 of this subpart.
(d) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec. 63.7(e)(3). Each
test run must last at least 1 hour. During the performance test
conducted according to this section, you must collect the appropriate
operating parameter monitoring system data (see Table 4 of this
subpart), average the operating parameter data over each test run, and
set operating limits, whether a minimum or maximum value, based on the
average of values for each of the three test runs. If you use a control
device design analysis to demonstrate control device performance, then
the minimum or maximum operating parameter value must be established
based on the control device design analysis and supplemented, as
necessary, by the control device manufacturer
[[Page 49425]]
recommendations or other applicable information.
(e) Compliance with control device percent reduction requirement.
You must use Equations 2, 3 and 4 of this section to determine initial
and ongoing compliance with the control device percent reduction limit
in Table 2 of this subpart for the combination of all affected process
vents at the facility. You must use Equations 2, 3 and 5 of this
section to determine initial and ongoing compliance with the control
device percent reduction limit in Table 3 of this subpart for
remediation material management units, except that the references to
uncontrolled vents for Equations 2 and 3 of this section do not apply.
(1) To calculate control device inlet and outlet concentrations use
Equations 2 and 3 as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.001
[GRAPHIC] [TIFF OMITTED] TP30JY02.002
Where:
Cij, Coj = Concentration of sample component j of
the gas stream at the inlet and outlet of the control device, dry
basis, parts per million by volume. For uncontrolled vents,
Cij = Coj and equal the concentration exiting the
vent;
Ei, Eo = Mass rate of total organic compounds
(TOC) (minus methane and ethane) or total HAP, from Table 1 of this
subpart, at the inlet and outlet of the control device, respectively,
dry basis, kilogram per hour. For uncontrolled vents, Ei =
Eo and equal the concentration exiting the vent;
Mij, Moj = Molecular weight of sample component j
of the gas stream at the inlet and outlet of the control device,
respectively, gram/gram-mole. For uncontrolled vents, Mij =
Moj and equal the gas stream molecular weight exiting the
vent;
Qi, Qo = Flowrate of gas stream at the inlet and
outlet of the control device, respectively, dry standard cubic meters
per minute (dscm/min). For uncontrolled vents, Qi =
Qo and equals the flowrate exiting the vent;
K2 = Constant, 2.494 x 10-6 (parts per
million)-1(gram-mole per standard cubic meter)(kilogram/
gram) (minute/hour, where standard temperature (gram-mole per standard
cubic meter) is 20 deg.C;
n = the number of components in the sample.
(2) To calculate control device emissions reductions for process
vents use Equation 4 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.003
Where:
Rv = Overall emissions reduction for all affected process
vents, percent
Ei = Mass rate of TOC (minus methane and ethane) or total
HAP, from Table 1 of this subpart, at the inlet to the control device,
or exiting the vent for uncontrolled vents, as calculated in this
section, kilograms TOC per hour or kilograms HAP per hour;
Eo = Mass rate of TOC (minus methane and ethane) or total
HAP, from Table 1 of this subpart, at the outlet to the control device,
or exiting the vent for uncontrolled vents, as calculated in this
section, kilograms TOC per hour or kilograms HAP per hour. For vents
without a control device, Eo = Ei;
n = number of affected source process vents.
(3) To calculate control device emissions reductions for
remediation material management units use Equation 5 of this section as
follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.004
Where:
Rcd = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total
HAP at the inlet to the control device as calculated under paragraph
(e)(1) of this section, kilograms TOC per hour or kilograms HAP per
hour.
Eo = Mass rate of TOC (minus methane and ethane) or total
HAP at the outlet of the control device, as calculated under paragraph
(e)(1) of this section, kilograms TOC per hour or kilograms HAP per
hour.
(4) If the vent stream entering a boiler or process heater is
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total HAP or TOC (minus methane and ethane) across
the device must be determined by comparing the TOC (minus methane and
ethane) or total HAP in all combusted vent streams and primary and
secondary fuels with the TOC (minus methane and ethane) or total HAP
exiting the device, respectively.
(f) Compliance with the total organic mass emissions rate.
(1) The requirements of paragraphs (f)(2) through (4) of this
section must be used to determine compliance with the emissions rate
limits in Table 2 of this subpart.
(2) Initial and ongoing compliance with the total organic mass flow
rates specified in Table 2 of this subpart must be determined using
Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.005
Where:
Eh = Total organic mass flow rate, kg/h;
Qsd = Volumetric flow rate of gases entering or exiting
control device (or exiting the process vent if no control device is
used), as determined by Method 2, dscm/h;
n= Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent
gas, kg/kg-mol;
0.0416 = Conversion from molar volume, kg-mol/m3 (@ 293 K
and 760 mm Hg);
10-6 = Conversion from ppm, ppm-1.
(3) Ongoing compliance with the annual total organic emissions rate
specified in Table 2 of this subpart must be determined using Equation
7 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.006
Where:
EA = Total organic mass emissions rate, kilograms per year;
[[Page 49426]]
Eh = Total organic mass flow rate for the process vent, kg/
h;
H = Total annual hours of operation for the affected unit, h.
(4) Ongoing compliance with the total organic emissions limit from
all affected process vents at the facility in Table 2 of this subpart
must be determined by:
(1) summing the total hourly organic mass emissions rates
(Eh as determined in Equation 6 of this section); and
(ii) summing the total annual organic mass emissions rates
(EA, as determined in Equation 7 of this section) for all
affected process vents at the facility.
(g) Compliance with HAP concentration limit.
(1) To determine compliance with the enclosed combustion device
total HAP concentration limits specified in Table 2 of this subpart,
you must use either Method 18, 40 CFR part 60, appendix A, or Method
25A, 40 CFR part 60, appendix A, to measure either TOC (minus methane
and ethane) or total HAP. Alternatively, any other method or data that
have been validated according to Method 301 of appendix A of this part,
may be used. The following procedures must be used to calculate ppmv
concentration, corrected to 3 percent oxygen:
(2) The minimum sampling time for each run must be 1 hour, in which
either an integrated sample or a minimum of four grab samples must be
taken. If grab sampling is used, then the samples must be taken at
approximately equal intervals in time, such as 15-minute intervals
during the run.
(3) The TOC concentration or total HAP concentration must be
calculated according to paragraph (g)(3)(i) or (ii) of this section.
(i) The TOC concentration is the sum of the concentrations of the
individual components and must be computed for each run using Equation
8 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.007
Where:
CTOC = Concentration of total organic compounds minus
methane and ethane, dry basis, parts per million by volume.
Cji = Concentration of sample component j of sample i, dry
basis, parts per million by volume.
n = Number of components in the sample.
X = Number of samples in the sample run.
(ii) The total HAP concentration must be computed according to
Equation 8 in paragraph (g)(3)(i) of this section, except that only HAP
listed in Table 1 of this subpart must be summed.
(4) The TOC concentration or total HAP concentration must be
corrected to 3 percent oxygen according to paragraphs (g)(4)(i) and
(ii) of this section.
(i) The emissions rate correction factor or excess air, integrated
sampling and analysis procedures of Method 3B, 40 CFR part 60, appendix
A, must be used to determine the oxygen concentration. The samples must
be taken during the same time that the samples are taken for
determining TOC concentration or total HAP concentration.
(ii) The TOC and HAP concentration must be corrected for percent
oxygen by using Equation 9 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.008
Where:
Cc = TOC concentration or total HAP concentration corrected
to 3 percent oxygen, dry basis, parts per million by volume.
Cm = TOC concentration or total HAP concentration, dry
basis, parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percent by
volume.
(h) You must conduct each design evaluation of a control device
according to the specific requirements for the control device in
Sec. 63.693(c) through (h). For the purposes of this subpart, when you
read the term ``HAP listed in Table 1 of this subpart'' in 40 CFR
Subpart DD, you should refer to Table 1 of this subpart.
(i) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
(j) When conducting testing to comply with a HAP or TOC reduction
efficiency limit, you must conduct simultaneous sampling at the inlet
and outlet of the control device. You must conduct inlet sampling after
the final product recovery device. If a vent stream is introduced with
the combustion air or as an auxiliary fuel into a boiler or process
heater, the location of the inlet sampling sites must be selected to
ensure that the measurement of total HAP concentration or TOC
concentration includes all vent streams and primary and secondary fuels
introduced into the boiler or process heater.
(k) When complying with the emissions rate limit in row (1)(b) of
Table 2 of this subpart or a HAP or TOC emissions concentration limit
in Table 3 of this subpart, you must conduct sampling at the outlet of
the control device.
(l) If you use Method 18, 40 CFR part 60, appendix A, either an
integrated sample or a minimum of four grab samples must be taken. If
you use grab sampling, then you must take the grab samples at
approximately equal intervals in time (such as 15 minutes) during the
run. Also, you must first determine which HAP are present in the inlet
gas stream using knowledge of the remediation material or the screening
procedure described in Method 18, 40 CFR part 60, appendix A, quantify
the emissions for all HAP identified as present in the inlet gas stream
for both the inlet and outlet gas streams of the control device.
(m) If you use Method 25A, 40 CFR part 60, appendix A, you must
calibrate the instrument in accordance with the monitoring plan of
Sec. 63.7900 using the single organic HAP representing the largest
percent by volume of the emissions. The Method 25A, 40 CFR part 60,
appendix A, results are acceptable if: (1) 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 its most sensitive scale, and (2) the span value of the
analyzer must be less than 100 ppmv.
(n) You must conduct each CMS performance evaluation according to
the requirements in Sec. 63.8(e).
Sec. 63.7913 What are my monitoring installation, operation, and
maintenance requirements?
(a) You must install, operate, and maintain each CMS according to
the requirements in Sec. 63.695(a) through (d), (e)(1) and (e)(2). In
addition, you must collect and analyze temperature, flow, pressure, or
pH data according to the requirements in paragraphs (a)(1) through (4)
of this section:
(1) To calculate a valid hourly value, you must have at least three
of four equally spaced data values (or at least two, if that condition
is included to allow for periodic calibration checks) for that hour
from a CMS that is not out of control according to the monitoring plan
referenced in Sec. 63.7900.
(2) To calculate the average emissions for each averaging period,
you must have at least 75 percent of the hourly averages for that
period using only block hourly average values that are based on valid
data (i.e., not from out-of-control periods).
[[Page 49427]]
(3) Determine the hourly average of all recorded readings.
(4) Record the results of each inspection, calibration, and
validation check.
(b) For each temperature monitoring device, you must meet the
requirements in paragraph (a) of this section and also meet the
requirements in paragraphs (b)(1) through (8) of this section:
(1) Locate the temperature sensor in a position that provides a
representative temperature.
(2) For a noncryogenic temperature range, use a temperature sensor
with a minimum measurement sensitivity of 2.2 deg. C or 0.75 percent of
the temperature value, whichever is larger.
(3) For a cryogenic temperature range, use a temperature sensor
with a minimum measurement sensitivity of 2.2 deg. C or 2 percent of
the temperature value, whichever is larger.
(4) Shield the temperature sensor system from electromagnetic
interference and chemical contaminants.
(5) If a chart recorder is used, it must have a sensitivity in the
minor division of at least 20 deg. F.
(6) Perform an electronic calibration at least semiannually
according to the procedures in the manufacturer's owners manual.
Following the electronic calibration, you must conduct a temperature
sensor validation check in which a second or redundant temperature
sensor placed nearby the process temperature sensor must yield a
reading within 16.7 deg. C of the process temperature sensor's reading.
(7) Conduct calibration and validation checks any time the sensor
exceeds the manufacturer's specified maximum operating temperature
range or install a new temperature sensor.
(8) At least monthly, inspect all components for integrity and all
electrical connections for continuity, oxidation, and galvanic
corrosion.
(c) For each flow measurement device, you must meet the
requirements in paragraphs (a)(1) through (4) and paragraphs (c)(1)
through (5) of this section:
(1) Locate the flow sensor and other necessary equipment such as
straightening vanes in a position that provides a representative flow.
(2) Use a flow sensor with a minimum measurement sensitivity of 2
percent of the flow rate.
(3) Reduce swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
(4) Conduct a flow sensor calibration check at least semi-annually.
(5) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(d) For each pressure measurement device, you must meet the
requirements in paragraph (a)(1) through (4) and paragraphs (d)(1)
through (7) of this section.
(1) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure.
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(3) Use a gauge with a minimum measurement sensitivity of 0.5 inch
of water or a transducer with a minimum measurement sensitivity of 1
percent of the pressure range.
(4) Check pressure tap pluggage daily.
(5) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
(6) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(7) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(e) For each pH measurement device, you must meet the requirements
in paragraph (a)(1) through (4) and paragraphs (e)(1) through (4) of
this section:
(1) Locate the pH sensor in a position that provides a
representative measurement of pH.
(2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
(3) Check the pH meter's calibration on at least two points every 8
hours of process operation.
(4) At least monthly, inspect all components for integrity and all
electrical connections for continuity.
(f) Alternative to parametric monitoring for any control device. As
an alternative to the parametric monitoring required in paragraphs (a)
through (e) of this section, you may install, calibrate, and operate a
CEMS to measure the control device outlet total organic emissions or
organic HAP emissions concentration. The CEMS used on combustion
control devices must include a diluent gas monitoring system (for
O2 or CO2) with the pollutant monitoring system
in order to correct for dilution (e.g., to 0 percent excess air). You
must verify the performance of the CEMS initially according to the
procedures in Performance Specification 8 (for a total organic
emissions CEMS) or Performance Specification 9 (for a HAP emissions
CEMS) and Performance Specification 3 (for an O2 or
CO2 CEMS) of appendix B of 40 CFR part 60. The relative
accuracy provision of Performance specification 8, sections 2.4 and 3
need not be conducted. You must prepare a site-specific monitoring plan
for operating, calibrating, and verifying the operation of your CEMS in
accordance with the requirements in Secs. 63.8(c), (d), and (e). You
must establish the emissions concentration operating limit according to
paragraphs (f)(1),(2), and (3) of this section.
(1) During the performance test required by Sec. 63.7912, you must
monitor and record the total organic or HAP emissions concentration at
least once every 15 minutes during each of the three test runs.
(2) Use the data collected during the performance test to calculate
and record the average total organic or HAP emissions concentration
maintained during the performance test. The average total organic or
HAP emissions concentration, corrected for dilution as appropriate, is
the maximum operating limit for your control device.
(3) Use the CEMS data to verify that the daily (24-hour) average
total organic or HAP emissions concentration remain below the
established operating limit.
Sec. 63.7914 How do I demonstrate initial compliance with the
emissions limitations and work practice standards?
(a) You must demonstrate initial compliance with each emissions
limitation and work practice standard that applies to you according to
Tables 7 and 8 of this subpart.
(b) You must establish each site-specific operating limit in Table
4 of this subpart that applies to you according to the requirements in
Sec. 63.7912 and Table 6 of this subpart.
(c) You must submit the Notification of Compliance Status
containing the results of the initial compliance demonstration
according to the requirements in Sec. 63.7931(e).
Continuous Compliance Requirements
Sec. 63.7920 How do I monitor and collect data to demonstrate
continuous compliance?
(a) You must monitor and collect data according to this section and
the monitoring plan of Sec. 63.7900.
(b) Except for monitor malfunctions, associated repairs, and
required quality assurance or control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must monitor continuously (or collect data at all required
intervals) at all times that the affected source is operating.
[[Page 49428]]
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, out of control periods and required quality
assurance or control activities in data averages and calculations used
to report emissions or operating levels, nor may such data be used in
fulfilling a minimum data availability requirement, if applicable. You
must use all the data collected during all other periods in assessing
the operation of the control device and associated control system.
Sec. 63.7921 How do I demonstrate continuous compliance with the
emissions limitations, operating limits and work practice standards?
(a) You must demonstrate continuous compliance with each emissions
limitation, operating limit and work practice standard in Tables 2
through 5 of this subpart that applies to you according to methods
specified in Tables 9, 10, and 11 of this subpart.
(b) You must report each instance in which you did not meet each
emissions limitation and each operating limit in Tables 9 and 10 of
this Subpart that apply to you. This includes periods of startup,
shutdown, and malfunction. You must also report each instance in which
you did not meet the requirements in Table 11 of this subpart that
apply to you. These instances are deviations from the emissions
limitations and work practice standards in this subpart. These
deviations must be reported according to the requirements in
Sec. 63.7931.
(c) During periods of startup, shutdown, and malfunction, you must
operate in accordance with the startup, shutdown, and malfunction plan.
(d) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that
occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with the startup, shutdown, and
malfunction plan. We will determine whether deviations that occur
during a period of startup, shutdown, or malfunction are violations,
according to the provisions in Sec. 63.6(e).
Notification, Reports, and Records
Sec. 63.7930 What notifications must I submit and when?
(a) You must submit all of the notifications in Secs. 63.7(b) and
(c), 63.8(e), 63.8(f)(4) and (6), and 63.9(b) through (h) that apply to
you.
(b) As specified in Sec. 63.9(b)(2), if you start up your affected
source before [DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register], you must submit an Initial Notification not later than 120
calendar days after [DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
(c) As specified in Sec. 63.9(b)(3), if you start up your new or
reconstructed affected source on or after the effective date, you must
submit an Initial Notification no later than 120 calendar days after
initial startup.
(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct a performance test at least
60 calendar days before the performance test is scheduled to begin as
required in Sec. 63.7(b)(1).
(e) If you are required to conduct a performance test, design
evaluation, or other initial compliance demonstration as specified in
Tables 6, 7, or 8 of this subpart, you must submit a Notification of
Compliance Status according to Sec. 63.9(h)(2)(ii).
(1) For each initial compliance demonstration required in Tables 7
or 8 of this subpart that does not include a performance test, you must
submit the Notification of Compliance Status before the close of
business on the 30th calendar day following the completion of the
initial compliance demonstration.
(2) For each initial compliance demonstration required in Tables 6,
7 or 8 of this subpart that includes a performance test conducted
according to the requirements in Table 6 of this subpart, you must
submit the Notification of Compliance Status, including the performance
test results, before the close of business on the 60th calendar day
following the completion of the performance test according to
Sec. 63.10(d)(2).
Sec. 63.7931 What reports must I submit and when?
(a) You must submit each report in Table 12 of this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec. 63.10(a), you must submit each report
by the date in Table 12 of this subpart and according to the
requirements in paragraphs (b)(1) through (5) of this section:
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in
Sec. 63.7883 and ending on June 30 or December 31, whichever date is
the first date following the end of the first calendar half after the
compliance date that is specified for your source in Sec. 63.7883.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31, whichever date follows the end of the
first calendar half after the compliance date that is specified for
your affected source in Sec. 63.7883.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the dates in paragraphs (b)(1) through (4) of
this section.
(c) The compliance report must contain the information in
paragraphs (c)(1) through (7) of this section:
(1) Company name and address.
(2) Statement by a responsible official, including that official's
name, title, and signature, certifying the truth, accuracy and
completeness of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) Any changes to the information listed in paragraph (d) of this
section that have occurred since the last report.
(5) If you had a startup, shutdown or malfunction during the
reporting period and you took actions consistent with your startup,
shutdown, and malfunction plan, the compliance report must include the
information in Sec. 63.10(d)(5)(i).
(6) If there are no deviations from any emissions limitations
(emissions limit or operating limit) that applies to you and there are
no deviations from the requirements for work practice standards in
Table 11 of this subpart, a statement that there were no deviations
from the emissions limitations or work practice standards during the
reporting period.
(7) If there were no periods during which the CMS and operating
parameter monitoring systems were out-of-control as specified in
Sec. 63.8(c)(7), a statement that there were no periods during the
which the CMS was out-of-control during the reporting period.
(d) For each deviation from an emissions limitation (emissions
limit,
[[Page 49429]]
operating limit) and for each deviation from the requirements for work
practice standards in Table 11 of this subpart that occurs at an
affected source where you are not using a CMS to comply with the
emissions limitations or work practice standards in this subpart, the
compliance report must contain the information in (c)(1) through (4) of
this section, and paragraphs (d)(1) and (2) of this section. This
includes periods of startup, shutdown, and malfunction.
(1) The total operating time of each affected source during the
reporting period.
(2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the action
taken to correct the cause of the deviation.
(e) For each deviation from an emissions limitation (emissions
limit, operating limit) occurring at an affected source where you are
using a CMS in accordance with the monitoring plan of Sec. 63.7900 to
comply with the emissions limitation in this subpart, you must include
the information in paragraphs (c)(1) through (4), and paragraphs (e)(1)
through (12) of this section. This includes periods of startup,
shutdown, and malfunction.
(1) The date and time that each malfunction started and stopped.
(2) The date and time that each CMS was inoperative, except for
zero (low-level) and high-level checks.
(3) The date, time and duration that each CMS was out-of-control,
including the information in Sec. 63.8(c)(8).
(4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown,
or malfunction or during another period.
(5) A summary of the total duration of the deviation during the
reporting period and the total duration as a percent of the total
source operating time during that reporting period.
(6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
(7) A summary of the total duration of CMS downtime during the
reporting period and the total duration of CMS downtime as a percent of
the total source operating time during that reporting period.
(8) An identification of each hazardous air pollutant that was
monitored at the affected source.
(9) A brief description of the process units.
(10) A brief description of the CMS.
(11) The date of the latest CMS certification or audit.
(12) A description of any changes in CMS, processes, or controls
since the last reporting period.
(f) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all
deviations as defined in this subpart in the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A). If an affected source submits a compliance report
pursuant to Table 12 of this subpart along with, or as part of, the
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or
40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all
required information concerning deviations from any emissions
limitation(including any operating limit), or work practice requirement
in this subpart, submission of the compliance report must be deemed to
satisfy any obligation to report the same deviations in the semiannual
monitoring report. However, submission of a compliance report must not
otherwise affect any obligation the affected source may have to report
deviations from permit requirements to the permit authority.
Sec. 63.7932 What records must I keep?
(a) You must keep records as described in paragraphs (a)(1) through
(4) of this section:
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec. 63.10(b)(1) and
(b)(2)(xiv).
(2) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startups, shutdowns, and malfunctions.
(3) Results of performance tests.
(4) The records of initial and ongoing determinations for affected
sources that are exempt from control requirements under this subpart.
(b) For each CMS, you must keep the records as described in
paragraphs (b)(1) and (2) of this section:
(1) Records described in Sec. 63.10(b)(2)(vi) through (xi) that
apply to your CMS.
(2) Performance evaluation plans, including previous (i.e.,
superseded) versions of the plan as required in Sec. 63.8(d)(3).
(c) You must keep the records required in Tables 9, 10, and 11 of
this subpart to show continuous compliance with each emissions
limitation and work practice standard that applies to you.
Sec. 63.7933 In what form and how long must I keep my records?
(a) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1).
(b) As specified in Sec. 63.10(b)(1), you must keep your files of
all information (including all reports and notifications) for 5 years
following the date of each occurrence, measurement, maintenance, action
taken to correct the cause of a deviation, report, or record.
(c) You must keep each record on site for at least 2 years after
the date of each occurrence, measurement, maintenance, corrective
action, report, or record, according to Sec. 63.10(b)(1). You can keep
the records offsite for the remaining 3 years.
(d) If, after the remediation activity is completed, there is no
other remediation activity at the facility, and you are no longer the
owner of the facility, you may keep all records for the completed
remediation activity at an offsite location provided you notify the
Administrator in writing of the name, address and contact person for
the offsite location.
Other Requirements and Information
Sec. 63.7940 What parts of the General Provisions apply to me?
Table 13 of this subpart shows which parts of the General
Provisions in Sec. 63.1-Sec. 63.15 apply to you.
Sec. 63.7941 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by us, the EPA, or
a delegated authority such as your State, local, or tribal agency. If
the EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency, in addition to the EPA, has the
authority to implement and enforce this subpart. You should contact
your EPA Regional Office (see list in Sec. 63.13) to find out if this
subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
Subpart to a State, local, or tribal agency under section 40 CFR part
63, Subpart E, the authorities contained in paragraph (c) of this
section are retained by the Administrator of EPA and are not
transferred to the State, local, or tribal agency.
(c) The authorities that cannot be delegated to State, local, or
tribal agencies are as follows.
(1) Approval of alternatives to the non-opacity emissions
limitations and
[[Page 49430]]
work practice standards in Sec. 63.7890(a) through (d) under
Sec. 63.6(g).
(2) Approval of major changes to test methods under
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major changes to monitoring under Sec. 63.8(f) and
as defined in Sec. 63.90.
(4) Approval of major changes to recordkeeping and reporting under
Sec. 63.10(f) and as defined in Sec. 63.90.
Sec. 63.7942 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
the General Provisions of this part, and in this section. If the same
term is defined in another subpart and in this section, it will have
the meaning given in this section for purposes of this subpart.
Air stripping means a desorption operation employed to transfer one
or more volatile components from a liquid mixture into a gas (air)
either with or without the application of heat to the liquid. Packed
towers, spray towers and bubble-cap, sieve, or valve-type plate towers
are among the process configuration used for contacting the air and a
liquid.
Boiler means an enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater.
Closed-vent system means a system that is not open to the
atmosphere and is composed of hard-piping, ductwork, connections, and,
if necessary, fans, blowers, or other flow-inducing device that conveys
gas or vapor from an emissions point to a control device.
Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that prevents or reduces air pollutant emissions to the
atmosphere by blocking an opening in a cover when the device is secured
in the closed position. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually
operated (e.g., a hinged access lid or hatch), or automatically
operated (e.g., a spring-loaded pressure relief valve).
Container means a portable unit used to hold material. Examples of
containers include, but are not limited to drums, dumpsters, roll-off
boxes, bulk cargo containers commonly known as portable tanks or totes,
cargo tank trucks, dump trucks and tank rail cars.
Continuous record means documentation of data values measured at
least once every 15 minutes and recorded at the frequency specified in
this subpart.
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 15-minutes or more frequent block averages.
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the edge of the floating roof and
the wall of a tank. A continuous seal may be a vapor-mounted seal,
liquid-mounted seal, or metallic shoe seal. A continuous seal may be
constructed of fastened segments so as to form a continuous seal.
Control device means equipment used for recovering or oxidizing
organic vapors. Examples of such equipment include but are not limited
to carbon adsorbers, condensers, vapor incinerators, flares, boilers,
and process heaters.
Cover means a device that prevents or reduces air pollutant
emissions to the atmosphere by forming a continuous barrier over the
remediation material managed in a unit. A cover may have openings (such
as access hatches, sampling ports, gauge wells) that are necessary for
operation, inspection, maintenance, and repair of the unit on which the
cover is used. A cover may be a separate piece of equipment which can
be detached and removed from the unit (such as a tarp) or a cover may
be formed by structural features permanently integrated into the design
of the unit.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation
(including any operating limit), or work practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emissions limitation, (including any
operating limit), or work practice standard in this subpart during
startup, shutdown, or malfunction, regardless of whether or not such
failure is permitted by this subpart.
Emissions limitation means any emissions limit, opacity limit,
operating limit, or visible emissions limit.
Emissions point means an individual tank, surface impoundment,
container, oil/water, organic/water separator, transfer system, vent,
or enclosure.
Enclosure means a structure that surrounds a tank or container,
captures organic vapors emitted from the tank or container, and vents
the captured vapor through a closed vent system to a control device.
Equipment means each pump, pressure relief device, sampling
connection system, valve, and connector used in remediation material
service at a facility.
External floating roof means a pontoon-type or double-deck type
cover that rests on the liquid surface in a tank with no fixed roof.
Facility means all contiguous or adjoining property that is under
common control including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof. A unit or group of units within
a contiguous property that are not under common control (e.g., a
wastewater treatment unit located at the facility but is owned by a
different company) is a different facility.
Fixed roof means a cover that is mounted on a unit in a stationary
position and does not move with fluctuations in the level of the liquid
managed in the unit.
Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
Floating roof means a cover consisting of a double deck, pontoon
single deck, or internal floating cover which rests upon and is
supported by the liquid being contained, and is equipped with a
continuous seal.
HAP means hazardous air pollutants.
Hard-piping means pipe or tubing that is manufactured and properly
installed in accordance with relevant standards and good engineering
practices.
Individual drain system means a stationary system used to convey
wastewater streams or residuals to a remediation material management
unit or to discharge or disposal. The term includes hard-piping, all
drains and junction boxes, together with their associated sewer lines
and other junction boxes (e.g., manholes, sumps, and lift stations)
conveying wastewater streams or residuals. For the purpose of this
subpart, an individual drain system is not a drain and collection
system that is designed and operated for the sole purpose of collecting
rainfall runoff (e.g., stormwater sewer system) and is segregated from
all other individual drain systems.
Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it inside
a tank that has a fixed roof).
[[Page 49431]]
Light-material service means the container is used to manage
remediation material for which both of the following conditions apply:
the vapor pressure of one or more of the organic constituents in the
remediation material is greater than 0.3 kilopascals (kPa) at 20 deg. C
and the total concentration of the pure organic constituents having a
vapor pressure greater than 0.3 kPa at 20 deg. C is equal to or greater
than 20 percent by weight.
Liquid-mounted seal means a foam- or liquid-filled continuous seal
mounted in contact with the liquid in a unit.
MACT activity means a non-remediation activity that is covered by a
category of major sources listed pursuant to section 112(c) of the CAA.
An activity is a MACT activity whether or not it is subject to the
control requirements of its appropriate MACT standard(s).
Maximum HAP vapor pressure means the sum of the individual HAP
equilibrium partial pressure exerted by remediation material at the
temperature equal to either: the monthly average temperature as
reported by the National Weather Service when the remediation material
is stored or treated at ambient temperature; or the highest calendar-
month average temperature of the remediation material when the
remediation material is stored at temperatures above the ambient
temperature or when the remediation material is stored or treated at
temperatures below the ambient temperature. For the purpose of this
subpart, maximum HAP vapor pressure is determined using the procedures
specified in Sec. 63.694(j). For the purpose of this subpart, when you
read the term ``Table 3 or Table 4 of this subpart'' in Sec. 63.694(j)
you should refer to Table 3 of this subpart.
Media means materials found in the natural environment such as
soil, ground water, surface water, and sediments, or a mixture of such
materials with liquids, sludges, or solids which is inseparable by
simple mechanical removal processes and is made up primarily of media.
This definition does not include debris (as defined in 40 CFR 268.2).
Metallic shoe seal means a continuous seal that is constructed of
metal sheets which are held vertically against the wall of the tank by
springs, weighted levers, or other mechanisms and is connected to the
floating roof by braces or other means. A flexible coated fabric
(envelope) spans the annular space between the metal sheet and the
floating roof.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in 63.694(k).
Oil/water separator means a separator as defined for this subpart
that is used to separate oil from water.
Operating parameter value means a minimum or maximum value
established for a control device or treatment process parameter which,
if achieved by itself or in combination with one or more other
operating parameter values, determines that an owner or operator has
complied with an applicable emissions limitation or standard.
Organic/water separator means a separator as defined for this
subpart that is used to separate organics from water.
Point-of-extraction means the point where you first extract the
remediation material prior to placing the remediation material in a
management unit or other unit, but before the first point where the
organic constituents in the remediation material have the potential to
volatilize and be released to the atmosphere. For the purpose of
applying this definition to this subpart, the first point where the
organic constituents in the remediation material have the potential to
volatilize and be released to the atmosphere is not a fugitive
emissions point due to an equipment leak from any of the following
equipment components: pumps, compressors, valves, connectors,
instrumentation systems, or safety devices.
Process heater means an enclosed combustion device that transfers
heat released by burning fuel directly to process streams or to heat
transfer liquids other than water.
Process vent means any open-ended pipe, stack, duct, or other
opening intended to allow the passage of gases, vapors, or fumes to the
atmosphere and this passage is caused by mechanical means (such as
compressors, vacuum-producing systems or fans) or by process-related
means (such as volatilization produced by heating). For the purposes of
this subpart, a process vent is neither a safety device (as defined in
this section) nor a stack, duct or other opening used to exhaust
combustion products from a boiler, furnace, heater, incinerator, or
other combustion device.
Remediation material means material, including contaminated media,
which is managed as a result of implementing remedial activities
required under Federal, State or local authorities, or voluntary
remediation activity.
Remediation material management unit means a tank, container,
surface impoundment, oil/water separator, organic/water separator or
transfer system used to manage remediation material.
Remediation material service means any time when a pump,
compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, valve, connector, or instrumentation
system contains or contacts remediation material.
Responsible official means responsible official as defined in 40
CFR 70.2.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a unit or its air emissions control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purpose of this subpart, a safety device is not used for routine
venting of gases or vapors from the vapor headspace underneath a cover
such as during filling of the unit or to adjust the pressure in this
vapor headspace in response to normal daily diurnal ambient temperature
fluctuations. A safety device is designed to remain in a closed
position during normal operations and open only when the internal
pressure, or another relevant parameter, exceeds the device threshold
setting applicable to the air emissions control equipment as determined
by the owner or operator based on manufacturer recommendations,
applicable regulations, fire protection and prevention codes, standard
engineering codes and practices, or other requirements for the safe
handling of flammable, combustible, explosive, reactive, or hazardous
materials.
Separator means a remediation material management unit, generally a
tank, used to separate oil or organics from water. A separator consists
of not only the separation unit but also the forebay and other
separator basins, skimmers, weirs, grit chambers, sludge hoppers, and
bar screens that are located directly after the individual drain system
and prior to any additional treatment units such as an air flotation
unit clarifier or biological treatment unit. Examples of a separator
include, but are not limited to, an API separator, parallel-plate
interceptor, and corrugated-plate interceptor with the associated
ancillary equipment.
Single-seal system means a floating roof having one continuous
seal. This seal may be vapor-mounted, liquid-mounted, or a metallic
shoe seal.
Sludge means sludge as defined in Sec. 260.10 of this chapter.
[[Page 49432]]
Soil means unconsolidated earth material composing the superficial
geologic strata (material overlying bedrock), consisting of clay, silt,
sand, or gravel size particles (sizes as classified by the U.S. Soil
Conservation Service), or a mixture of such materials with liquids,
sludges, or solids which is inseparable by simple mechanical removal
processes and is made up primarily of soil.
Solvent extraction means an operation or method of separation in
which a solid or solution is contacted with a liquid solvent (the two
being mutually insoluble) to preferentially dissolve and transfer one
or more components into the solvent.
Stabilization process means any physical or chemical process used
to either reduce the mobility of contaminants in media or eliminate
free liquids as determined by Test Method 9095--Paint Filter Liquids
Test in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication No. SW-846, Third Edition, September 1986,
as amended by Update I, November 15, 1992. (As an alternative, you may
use any more recent, updated version of Method 9095 approved by the
EPA). A stabilization process includes mixing remediation material with
binders or other materials, and curing the resulting remediation
material and binder mixture. Other synonymous terms used to refer to
this process are fixation or solidification. A stabilization process
does not include the adding of absorbent materials to the surface of
remediation material, without mixing, agitation, or subsequent curing,
to absorb free liquid.
Surface impoundment means a unit that is a natural topographical
depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials),
which is designed to hold an accumulation of liquids. Examples of
surface impoundments include holding, storage, settling, and aeration
pits, ponds, and lagoons.
Tank means a stationary unit that is constructed primarily of
nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provide structural support and is designed to hold an
accumulation of liquids or other materials.
Temperature monitoring device means a piece of equipment used to
monitor temperature and having an accuracy of 1 percent of
the temperature being monitored expressed in degrees Celsius ( deg. C)
or 1.2 degrees deg. C, whichever value is greater.
Transfer system means a stationary system for which the predominant
function is to convey liquids or solid materials from one point to
another point within waste management operation or recovery operation.
For the purpose of this subpart, the conveyance of material using a
container (as defined of this subpart) or self-propelled vehicle (e.g.,
a front-end loader) is not a transfer system. Examples of a transfer
system include but are not limited to a pipeline, an individual drain
system, a gravity-operated conveyor (such as a chute), and a
mechanically-powered conveyor (such as a belt or screw conveyor).
Treatment process means a process in which remediation material is
physically, chemically, thermally, or biologically treated to destroy,
degrade, or remove hazardous air pollutants contained in the material.
A treatment process can be composed of a single unit (e.g., a steam
stripper) or a series of units (e.g., a wastewater treatment system). A
treatment process can be used to treat one or more remediation material
streams at the same time.
Vapor-mounted seal means a continuous seal that is mounted such
that there is a vapor space between the liquid in the unit and the
bottom of the seal.
Volatile organic hazardous air pollutant concentration or VOHAP
concentration means the fraction by weight of the HAP listed in Table 1
of this subpart that are contained in the remediation material as
measured using Method 305, 40 CFR part 63, appendix A and expressed in
terms of parts per million (ppm). As an alternative to using Method
305, 40 CFR part 63, appendix A, you may determine the HAP
concentration of the remediation material using any one of the other
test methods specified in Sec. 63.694(b)(2)(ii). When a test method
specified in Sec. 63.694(b)(2)(ii) other than Method 305 in appendix A
of this part is used to determine the speciated HAP concentration of
the contaminated material, the individual compound concentration may be
adjusted by the corresponding fm305 listed in Table 1 of
this subpart to determine a VOHAP concentration.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the CAA.
As stated in Secs. 63.7882 (c)(1)(i) and (ii), (c)(2), (c)(3)(i)
through (iii); 63.7912(a)(3)(ii), (g)(3)(ii), (h); and 63.7942; you
must use the information in the following table to determine the total
annual HAP quantity in the extracted remediation material at the
facility:
Table 1 to Subpart GGGGG of Part 63--Hazardous Air Pollutants
----------------------------------------------------------------------------------------------------------------
CAS No.a Compound Name fm 305
----------------------------------------------------------------------------------------------------------------
75070.......................................... Acetaldehyde..................................... 1.000
75058.......................................... Acetonitrile..................................... 0.989
98862.......................................... Acetophenone..................................... 0.314
107028......................................... Acrolein......................................... 1.000
107131......................................... Acrylonitrile.................................... 0.999
107051......................................... Allyl chloride................................... 1.000
71432.......................................... Benzene (includes benzene in gasoline)........... 1.000
98077.......................................... Benzotrichloride (isomers and mixture)........... 0.958
100447......................................... Benzyl chloride.................................. 1.000
92524.......................................... Biphenyl......................................... 0.864
542881......................................... Bis(chloromethyl)etherb.......................... 0.999
75252.......................................... Bromoform........................................ 0.998
106990......................................... 1,3-Butadiene.................................... 1.000
75150.......................................... Carbon disulfide................................. 1.000
56235.......................................... Carbon Tetrachloride............................. 1.000
43581.......................................... Carbonyl sulfide................................. 1.000
133904......................................... Chloramben....................................... 0.633
108907......................................... Chlorobenzene.................................... 1.000
67663.......................................... Chloroform....................................... 1.000
107302......................................... Chloromethyl methyl etherb....................... 1.000
[[Page 49433]]
126998......................................... Chloroprene...................................... 1.000
98828.......................................... Cumene........................................... 1.000
94757.......................................... 2,4-D, salts and esters.......................... 0.167
334883......................................... Diazomethanec.................................... 0.999
132649......................................... Dibenzofurans.................................... 0.967
96128.......................................... 1,2-Dibromo-3-chloropropane...................... 1.000
106467......................................... 1,4-Dichlorobenzene(p)........................... 1.000
107062......................................... Dichloroethane (Ethylene dichloride)............. 1.000
111444......................................... Dichloroethyl ether (Bis(2-chloroethyl ether).... 0.757
542756......................................... 1,3-Dichloropropene.............................. 1.000
79447.......................................... Dimethyl carbamoyl chloridec..................... 0.150
57147.......................................... 1,1-Dimethyl hydrazine...........................
64675.......................................... Diethyl sulfate.................................. 0.0025
77781.......................................... Dimethyl sulfate................................. 0.086
121697......................................... N,N-Dimethylaniline.............................. 0.0008
51285.......................................... 2,4-Dinitrophenol................................ 0.0077
121142......................................... 2,4-Dinitrotoluene............................... 0.0848
123911......................................... 1,4-Dioxane (1,4-Diethyleneoxide)................ 0.869
106898......................................... Epichlorohydrin (1-Chloro-2,3-epoxypropane)...... 0.939
106887......................................... 1,2-Epoxybutane.................................. 1.000
140885......................................... Ethyl acrylate................................... 1.000
100414......................................... Ethyl benzene.................................... 1.000
75003.......................................... Ethyl chloride (Chloroethane).................... 1.000
106934......................................... Ethylene dibromide (Dibromoethane)............... 0.999
107062......................................... Ethylene dichloride (1,2-Dichloroethane)......... 1.000
151564......................................... Ethylene imine (Aziridine)....................... 0.867
75218.......................................... Ethylene oxide................................... 1.000
75343.......................................... Ethylidene dichloride (1,1-Dichloroethane)....... 1.000
Glycol ethersd that have a Henry's Law constant [e]
value equal to or greater than 0.1 Y/X(1.8 X 10-
6 atm/gm-mole/m \3\) at 25 deg.C.
118741......................................... Hexachlorobenzene................................ 0.97
87683.......................................... Hexachlorobutadiene.............................. 0.88
67721.......................................... Hexachloroethane................................. 0.499
110543......................................... Hexane........................................... 1.000
78591.......................................... Isophorone....................................... 0.506
58899.......................................... Lindane (all isomers)............................ 1.000
67561.......................................... Methanol......................................... 0.855
74839.......................................... Methyl bromide (Bromomethane).................... 1.000
74873.......................................... Methyl chloride (Choromethane)................... 1.000
71556.......................................... Methyl chloroform (1,1,1-Trichloroethane)........ 1.000
78933.......................................... Methyl ethyl ketone (2-Butanone)................. 0.990
74884.......................................... Methyl iodide (Iodomethane)...................... 1.000
108101......................................... Methyl isobutyl ketone (Hexone).................. 0.979
624839......................................... Methyl isocyanate................................ 1.000
80626.......................................... Methyl methacrylate.............................. 0.999
1634044........................................ Methyl tert butyl ether.......................... 1.000
75092.......................................... Methylene chloride (Dichloromethane)............. 1.000
91203.......................................... Naphthalene...................................... 0.994
98953.......................................... Nitrobenzene..................................... 0.394
79469.......................................... 2-Nitropropane................................... 0.989
82688.......................................... Pentachloronitrobenzene (Quintobenzene).......... 0.839
87865.......................................... Pentachlorophenol................................ 0.0898
75445.......................................... Phosgenec........................................ 1.000
123386......................................... Propionaldehyde.................................. 0.999
78875.......................................... Propylene dichloride (1,2-Dichloropropane)....... 1.000
75569.......................................... Propylene oxide.................................. 1.000
75558.......................................... 1,2-Propylenimine (2-Methyl aziridine)........... 0.945
100425......................................... Styrene.......................................... 1.000
96093.......................................... Styrene oxide.................................... 0.830
79345.......................................... 1,1,2,2-Tetrachloroethane........................ 0.999
127184......................................... Tetrachloroethylene (Perchloroethylene).......... 1.000
108883......................................... Toluene.......................................... 1.000
95534.......................................... o-Toluidine...................................... 0.152
120821......................................... 1,2,4-Trichlorobenzene........................... 1.000
71556.......................................... 1,1,1-Trichloroethane (Methyl chlorform)......... 1.000
79005.......................................... 1,1,2-Trichloroethane (Vinyl trichloride)........ 1.000
79016.......................................... Trichloroethylene................................ 1.000
95954.......................................... 2,4,5-Trichlorophenol............................ 0.108
88062.......................................... 2,4,6-Trichlorophenol............................ 0.132
121448......................................... Triethylamine.................................... 1.000
540841......................................... 2,2,4-Trimethylpentane........................... 1.000
108054......................................... Vinyl acetate.................................... 1.000
[[Page 49434]]
593602......................................... Vinyl bromide.................................... 1.000
75014.......................................... Vinyl chloride................................... 1.000
75354.......................................... Vinylidene chloride (1,1-Dichloroethylene)....... 1.000
1330207........................................ Xylenes (isomers and mixture).................... 1.000
95476.......................................... o-Xylenes........................................ 1.000
108383......................................... m-Xylenes........................................ 1.000
106423......................................... p-Xylenes........................................ 1.000
----------------------------------------------------------------------------------------------------------------
Notes:
fm 305 = Fraction measure factor in Method 305, 40 CFR part 63, appendix A of this part.
a CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers,
or mixtures of compounds.
b Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals.
c Denotes a HAP that may react violently with water.
d Denotes a HAP that hydrolyzes slowly in water.
e The fm 305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.
As stated in Secs. 63.7890(a) and 63.7912(e), (f)(1) through (4),
(g)(1), and (k), you must meet each emissions limitation for process
vent affected sources in the following table that applies to you:
Table 2 to Subpart GGGGG of Part 63.--Emissions Limitations for Process
Vent Affected Sources
------------------------------------------------------------------------
You must meet the following
For . . . emissions limitation . . .
------------------------------------------------------------------------
1. All new and existing affected a. For each 24-hour period, reduce
source process vents associated emissions of HAP, listed in Table 1
with remediation activities. of this subpart, or TOC (minus
methane and ethane) from all
affected process vents by 95 weight-
percent by venting emissions
through a closed-vent system to any
combination of control devices
meeting the requirements of Sec.
63.693. Instead of achieving the
performance specifications listed
in Sec. 63.693(d) through (g), you
must meet a performance level for
each control device necessary to
achieve the 95% control level for
all process vents combined; or b)
For each period specified, reduce
emissions of TOC (minus methane and
ethane) from all affected source
process vents at the facility below
1.4 kg/h (3.0 lb/h) and
b. 8 mg/yr (3.1 tons/yr). Instead of
achieving the performance
specifications listed in Sec.
63.693(d) through (g), you must
meet a performance level for each
control device necessary to achieve
the overall emissions rate limit
for all process vents (whether
controlled or uncontrolled)
combined.
-------------------------------------
------------------------------------------------------------------------
As stated in Secs. 63.7890(b), 63.7912 (e) and (k), and 63.7942,
you must meet each emissions limitation for remediation material
management unit affected sources in the following table that applies to
you:
Table 3 to Subpart GGGGG of Part 63.--Emissions Limitations for
Remediation Material Management Unit Affected Sources
------------------------------------------------------------------------
For each . . . Where . . . Then you must . . .
------------------------------------------------------------------------
1. New and existing tank a. The maximum HAP i. For each 24-hour
that is an affected source vapor pressure of period, reduce
with a design capacity less the remediation emissions of HAP,
than 38 cubic meters (m\3\) material in the listed in Table 1
(10,000 gallons). tank is less than of this subpart, or
76.6 kilopascals TOC (minus methane
(kPa) (11.1 psia). and ethane) by 95
weight-percent (or,
for combustion
devices, to an
exhaust
concentration of 20
parts per million
by volume, on a dry
basis, corrected to
3% oxygen) by
venting emissions
through a closed-
vent system to any
combination of
control devices
meeting the
requirements of
Sec. 63.693; or
ii. Comply with one
of the work
practice standards
(control level 1 or
2) specified in
Table 5, item 1 of
this subpart.
------------------------------------------------------------------------
2. New and existing tank a. The maximum HAP Same as Table 3,
that is an affected source vapor pressure of items 1(a) of this
with a design capacity the remediation subpart;
greater than or equal to 38 material in the
m \3\ and less than 151 m tank is less than
\3\ (40,000 gallons). 13.1 kPa (1.9 psia).
------------------------------------------------------------------------
3. New and existing tank a. The maximum HAP i. Same as Table 3,
that is an affected source vapor pressure of item 1(a) of this
with a design capacity the remediation subpart; or
greater than or equal to 38 material in the ii. Comply with the
m \3\ and less than 151 m tank is greater work practice
\3\ (40,000 gallons). than or equal to standards (for
13.1 kPa (1.9 psia). control level 2)
specified in Table
5, item 2 of this
subpart.
------------------------------------------------------------------------
4. New and existing tank a. The maximum HAP Same as Table 3,
that is an affected source vapor pressure of item 1(a) of this
with a design capacity the remediation subpart.
greater than or equal to material in the
151 m \3\. tank is less than
0.7 kPa (0.1 psia).
------------------------------------------------------------------------
[[Page 49435]]
5. New and existing tank a. The maximum HAP i. Same as Table 3,
that is an affected source vapor pressure of item 1(a) of this
with a design capacity the remediation subpart; or
greater than or equal to material in the ii. Comply with the
151 m \3\. tank is greater work practice
than or equal to standards (for
0.7 kPa (0.1 psia). control level 2)
specified in Table
5, item 2 of this
subpart.
------------------------------------------------------------------------
6. New and existing a. The design i. Same as Table 3,
container that is an capacity is greater item 1(a) of this
affected source. than 0.1 m \3\ (26 subpart; or
gallons) and less ii. Comply with one
than or equal to of the work
0.46 m \3\ (119 practice standards
gallons). (control level 1, 2
or 3) specified in
Table 5, items 3 or
4 of this subpart.
------------------------------------------------------------------------
7. New and existing a. The design i. Same as Table 3,
container that is an capacity is greater item 1(a) of this
affected source. than 0.46 m \3\ and subpart; or
the container is ii. Comply with one
not in light- of the work
material service as practice standards
defined in Sec. (control level 1, 2
63.7942. or 3) specified in
Table 5, item 3 or
4 of this subpart.
------------------------------------------------------------------------
8. New and existing a. The design i. Same as Table 3,
container that is an capacity is greater item 1(a) of this
affected source. than 0.46 m \3\ and subpart; or
the container is in ii. Comply with one
light-material of the work
service as defined practice standards
in Sec. 63.7942. (control level 2 or
3) specified in
Table 5, item 4 or
5 of this subpart.
------------------------------------------------------------------------
9. New and existing a. The design i. Comply with one
container that is an capacity is greater of the following
affected source. than 0.1 m\3\ and whenever the
the container is remediation
used for a material is exposed
stabilization to the atmosphere:
process. (1) The requirements
of Table 3, item
1(a) of this
subpart; or
(2) The work
practice standards
(for control level
3) specified in
Table 5, item 4 of
this subpart.
------------------------------------------------------------------------
10. New and existing surface i. Same as Table 3, ii. Comply with one
impoundment that is an item 1(a) of this of the work
affected source. subpart; or. practice standards
specified in Table
5, items 6 or 7 of
this subpart.
------------------------------------------------------------------------
11. New and existing oil/ i. Same as Table 3, ii. Comply with one
water separator and organic/ item 1(a) of this of the work
water separator. subpart, or. practice standards
specified in Table
5, items 8 or 9 of
this subpart.
------------------------------------------------------------------------
As stated in Secs. 63.7890(c), 63.7912(d), 63.7914(b) and 63.7942,
you must meet each operating limit in the following table that applies
to you:
Table 4 to Subpart GGGGG of Part 63.--Operating Limits and Associated
Work Practices for Control Devices
------------------------------------------------------------------------
For . . . You must . . .
------------------------------------------------------------------------
1. Each existing and each new affected a. Maintain the daily average
source using a thermal incinerator to firebox temperature greater
comply with an emissions limit in than or equal to the
Table 2 and 3 of this subpart. temperature established during
the design evaluation or
performance test.
b. Maintain the daily average
total organic or HAP
concentration at the outlet
less than or equal to the
concentration established
during the performance test
(applies for CEMS only).
------------------------------------------------------------------------
2. Each existing and each new affected a. replace the existing
source using a catalytic incinerator catalyst bed with a bed that
to comply with an emissions limit in meets the replacement
Table 2 and 3 of this subpart. specifications established
during the design evaluation
or performance test before the
age of the bed exceeds the
maximum allowable age
established during the design
evaluation or performance
test; and
b. Maintain the daily average
temperature at the inlet of
the catalyst bed greater than
or equal to the temperature
established during the design
evaluation or performance
test.
c. Maintain the daily average
total organic or HAP
concentration at the outlet
less than or equal to the
concentration established
during the performance test
(applies for CEMS only).
------------------------------------------------------------------------
[[Page 49436]]
3. Each existing and each new affected a. Maintain the daily average
source using a condenser to comply condenser exit temperature
with an emissions limit in Table 2 and less than or equal to the
3 of this subpart. temperature established during
the design evaluation or
performance test.
b. Maintain the daily average
total organic or HAP
concentration at the outlet
less than or equal to the
concentration established
during the performance test
(applies for CEMS only).
------------------------------------------------------------------------
4. Each existing and each new affected a. Replace the existing
source using a carbon adsorption adsorbent in each segment of
system with adsorbent regeneration to the bed with an adsorbent that
comply with an emissions limit in meets the replacement
Table 2 and 3 of this subpart. specifications established
during the design evaluation
or performance test before the
age of the adsorbent exceeds
the maximum allowable age
established during the design
evaluation or performance test
in accordance with Sec.
63.693(d)(2) through (4); and
b. Maintain the frequency of
regeneration greater than or
equal to the frequency
established during the design
evaluation or performance test
in accordance with Sec.
63.693(d)(2) through (4); and
c. Maintain the 1-hour average
total regeneration stream mass
flow during the adsorption bed
regeneration cycle greater
than or equal to the stream
mass flow established during
the design evaluation or
performance test in accordance
with Sec. 63.693(d)(2)
through (4); and
d. Maintain the 1-hour average
temperature of the adsorption
bed during regeneration
(except during the cooling
cycle) greater than or equal
to the temperature established
during the design evaluation
or performance test in
accordance with Sec.
63.693(d)(2) through (4); and
e. Maintain the 1-hour average
temperature of the adsorption
bed after regeneration (and
within 15 minutes after
completing any cooling cycle)
less than or equal to the
temperature established during
the design evaluation or
performance test in accordance
with Sec. 63.693(d)(2)
through (4).
f. Maintain the daily average
total organic or HAP
concentration at the outlet
less than or equal to the
concentration established
during the performance test in
accordance with Sec.
63.693(d)(2) (applies for CEMS
only).
------------------------------------------------------------------------
5. Each existing and each new affected a. Replace the existing
source using a carbon adsorption adsorbent in each segment of
system without adsorbent regeneration the bed with an adsorbent that
to comply with an emissions limit in meets the replacement
Table 2 and 3 of this subpart. specifications established
during the design evaluation
or performance test before the
age of the adsorbent exceeds
the maximum allowable age
established during the design
evaluation or performance test
in accordance with Sec.
63.693(d)(2); and
b. Maintain the 1-hour average
temperature of the adsorption
bed less than or equal to the
temperature established during
the design evaluation or
performance test in accordance
with Sec. 63.693(d)(2).
c. Maintain the daily average
total organic or HAP
concentration at the outlet
less than or equal to the
concentration established
during the performance test
(applies for CEMS only).
------------------------------------------------------------------------
6. Each existing and each new affected a. Maintain the daily average
source using a boiler or process firebox temperature within the
heater to comply with an emissions operating level established
limit in Table 2 and 3 of this subpart. during the performance test.
b. Maintain the daily average
total organic or HAP
concentration at the outlet
less than or equal to the
concentration established
during the performance test
(applies for CEMS only).
------------------------------------------------------------------------
7. Each existing and each new affected a. Operate the flare at all
source using a flare to comply with an times when emissions may be
emissions limit in Table 2 and 3 of vented to it and with no
this subpart. visible emissions in
accordance with Sec.
63.11(b)(4); and
b. Maintain the presence of a
flame at all times
inaccordance with Sec.
63.11(b)(5); and
c. Meet the heat content
specification in Sec.
63.11(b)(6)(ii) and the
maximum tip velocity
specifications in Sec.
63.11(b)(8) or (7), or meet
the requirements in Sec.
63.11(b)(6)(i).
d. Maintain the daily average
total organic or HAP
concentration at the outlet
less than or equal to the
concentration established
during the performance test
(applies for CEMS only).
------------------------------------------------------------------------
As stated in Sec. 63.7890(d), you must meet each work practice
standard in the following table that applies to you:
[[Page 49437]]
Table 5 to Subpart GGGGG of Part 63.--Work Practice Standards
------------------------------------------------------------------------
For each . . . You must . . .
------------------------------------------------------------------------
1. New or existing tank that is an a. As an alternative to the
affected source meeting any set of emissions limit in Table 3 of
capacity and vapor pressure limits this subpart, comply with the
specified in Table 3, items 1, 2 or 4 requirements of subpart OO
of this subpart. (control level 1) of this
part; or
b. Comply with the requirements
of Sec. 63.685(d) (control
level 2) of this part.
------------------------------------------------------------------------
2. New or existing tank that is an As an alternative to the
affected source meeting any set of emissions limit in Table 3 of
capacity and vapor pressure limits this subpart, comply with the
specified in Table 3, items 3 or 5 of requirements of Sec.
this subpart. 63.685(d) (control level 2) of
this part.
------------------------------------------------------------------------
3. New or existing container that is an a. As an alternative to the
affected source {meeting any set of emissions limit in Table 3 of
capacity limits specified in Table 3, this subpart, comply with the
items 6 or 7 of this subpart{time} requirements of Sec. 63.922
that is not vented to a control device. (control level 1); or
b. Comply with the requirements
of Sec. 63.923 (control level
2).
------------------------------------------------------------------------
4. New or existing container that is an As an alternative to the
affected source {meeting any set of emissions limit in Table 3 of
capacity limits specified in Table 3, this subpart, comply with the
items 6, 7, 8 or 9 of this requirements of Sec. 63.924
subpart{time} that is vented to a (control level 3).
control device.
------------------------------------------------------------------------
5. New or existing container that is an As an alternative to the
affected source {meeting the capacity emissions limit in Table 3 of
limits specified in Table 3, item 8 of this subpart, comply with the
this subpart{time} that is not vented requirements of Sec. 63.923
to a control device. (control level 2).
------------------------------------------------------------------------
6. New or existing surface impoundment Install a floating membrane
that is an affected source that is not cover designed to meet
vented to a control device. specifications in Sec.
63.942(a) through (c). The
membrane must float on the
surface at all times during
normal operations.
------------------------------------------------------------------------
7. New or existing surface impoundment a. Install a cover meeting the
that is an affected source that is requirements in Sec.
vented through a closed vent system to 63.943(b) and (c); and
a control device. b. Design and operate the
closed vent system in
accordance with the
requirements of Sec. 63.693.
------------------------------------------------------------------------
8. New and existing oil/water Follow the requirements of
separator, or organic/water separator Secs. 63.1042 (fixed roof),
that is an affected source that is not 63.1043 (floating roof), or
vented to a control device. 63.1045 (pressurized roof), as
appropriate.
------------------------------------------------------------------------
9. New and existing oil/water a. Follow the requirements of
separator, or organic/water separator Sec. 63.1044; and
that is an affected source that is b. design and operate the
vented through a closed vent system to closed vent system in
a control device. accordance with the
requirements of Sec. 63.693.
------------------------------------------------------------------------
10. New and existing equipment Comply with the requirements of
component that is an affected source. subpart TT (control level 1);
or subpart WW (control level
2).
------------------------------------------------------------------------
11. New and existing transfer system a. For individual drain
that is an affected source. systems, as defined in this
subpart, comply with the
requirements of subpart RR;
and
b. For transfer systems, other
than individual drain systems,
comply with the requirements
of Sec. 63.689(c).
------------------------------------------------------------------------
As stated in Secs. 63.7911(a), 63.7912(b) and (c), 63.7914(b), and
63.7930(e)(2), you must conduct the performance testing required in the
following table at any time the EPA requires for non-flare control
devices in accordance with section 114 of the CAA:
Table 6 to Subpart GGGGG of Part 63.--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
According to the
For . . . You must . . . Using . . . following requirements
. . .
----------------------------------------------------------------------------------------------------------------
1. New and existing affected source Select sampling port Method 1 or 1A of 40 Sampling sites must be
process vents, tanks, containers, locations and the CFR part 60, appendix located at the inlet
surface impoundments, oil/water number of traverse A of Sec. (if emissions
separators, and organic/water points. 63.7(d)(1)(i). reduction or
separators complying with a HAP or destruction efficiency
TOC reduction efficiency limit in testing is required)
Table 2 or 3 of this subpart, an and outlet of the
emissions rate limit in Table 2 of control device and
this subpart, or an emissions prior to any releases
concentration limit in Table 3 of to the atmosphere.
this subpart.
----------------------------------------------------------------------------------------------------------------
2. New and existing affected source Determine velocity and Method 2, 2A, 2C, 2D, For HAP or TOC
process vents, tanks, containers, volumetric flow rate. 2F, or 2G of appendix reduction efficiency
surface impoundments, oil/water A to part 60 of this or emissions rate
separators, and organic/water chapter. testing; not necessary
separators complying with a HAP or for determining
TOC reduction efficiency limit in compliance with 20
Table 2 or 3 of this subpart or an ppmv concentration
emissions rate limit in Table 2 of limit.
this subpart.
----------------------------------------------------------------------------------------------------------------
[[Page 49438]]
3. New and existing affected source Conduct gas molecular Method 3, 3A, or 3B in For flow rate
process vents, tanks, containers, weight analysis. appendix A to part 60 determination only.
surface impoundments, oil/water of this chapter.
separators, complying with a HAP or
TOC reduction efficiency limit in
Table 2 or 3 of this subpart or an
emissions rate limit in Table 2 of
this subpart.
----------------------------------------------------------------------------------------------------------------
4. New and existing affected source Measure O2 Method 3A or 3B in For correcting HAP and
process vents, tanks, containers, concentration. appendix A to part 60 TOC concentrations
surface impoundments, oil/water of this chapter. measured from
separators, and organic/water combustion control
separators complying with an device to 3% O2 for
emissions concentration limit in comparing to 20 ppmv
Table 3 of this subpart. concentration limit.
See Sec.
63.7912(f)(4).
----------------------------------------------------------------------------------------------------------------
5. New and existing affected source Measure moisture Method 4 in appendix A For flow rate
process vents, tanks, containers, content of the stack to part 60 of this determination and
surface impoundments, oil/water gas. chapter. correction to dry
separators, and organic/water basis.
separators complying with a HAP or
TOC reduction efficiency limit in
Table 2 or 3 of this subpart, an
emissions rate limit in Table 2 of
this subpart, or an emissions
concentration limit in Table 3 of
this subpart.
----------------------------------------------------------------------------------------------------------------
6. New and existing affected source a. Measure organic HAP i. Method 18 in (1) The organic HAP
process vents, tanks, containers, concentration at inlet appendix A to part 60 used for the
surface impoundments, oil/water and outlet locations. of this chapter. calibration gas for
separators, and organic water b. Measure TOC i. Method 18 or Method Method 25A must be the
separators complying with a HAP or concentration at inlet 25A or Method 25 in single organic HAP
TOC reduction efficiency limit in and outlet locations. appendix A to part 60 representing the
Table 2 or 3 of this subpart. of this chapter. largest percent by
volume of emissions;
and
(2) during the
performance test or a
design evaluation, you
must establish the
operating parameter
limits within which
total organic HAP
emissions are reduced
by 95 weight-percent
(or to the level
necessary to meet the
emissions rate limits
in Table 2 of this
subpart) or to 20 ppmv
exhaust concentration.
----------------------------------------------------------------------------------------------------------------
7. All affected source process vents Measure organic HAP at Method 18 in appendix A
associated with remediation the outlet location. to part 60 of this
activities complying with the chapter.
emissions rate limit in item (1)(b)
of Table 2 of this subpart.
----------------------------------------------------------------------------------------------------------------
8. New and existing affected source a. Measure organic HAP i. Method 18 in
tanks, containers, surface at the outlet location. appendix A to part 60
impoundments, oil/water separators, b. Measure TOC at the of this chapter.
and organic/water separators outlet location. i. Method 18 in
complying with a HAP or TOC appendix A to part 60
emissions concentration limit in of this chapter, or.
Table 3 of this subpart. ii. Method 25A in
appendix A to part 60
of this chapter.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Use the following table to determine if you have demonstrated
initial compliance for each affected source in Table 2 or 3 of this
subpart and for process vents in Table 2 of this subpart:
[[Page 49439]]
Table 7 to Subpart GGGGG of Part 63.--Initial Compliance With Emissions
Limitations
------------------------------------------------------------------------
For the following You have
For . . . emissions limitation demonstrated initial
. . . compliance if . . .
------------------------------------------------------------------------
1. Each affected source Reduce total organic Total organic HAP,
listed in Table 2 or 3 of HAP, listed in listed in Table 1
this subpart. Table 1 of this of this subpart, or
subpart, or TOC TOC emissions,
emissions by at based on the
least 95 weight- results of the
percent. performance testing
specified in Table
6 of this subpart,
are reduced by at
least 95 weight-
percent; and you
have a record of
the operating
requirement(s)
listed in Table 4
of this subpart for
the process unit
over the
performance test
during which
emissions did not
exceed 95 weight-
percent.
------------------------------------------------------------------------
2. Each affected source Limit emissions of The average total
listed in Table 3 of this total HAP, listed HAP, listed in
subpart. in Table 1 of this Table 1 of this
subpart, or TOC subpart, or TOC
concentration to emissions, measured
[le]20 ppmv. using the methods
in Table 6 of this
subpart over the 3-
hour initial
performance test,
do not exceed 20
ppmv; and you have
a record of the
operating
requirement(s)
listed in Table 4
of this subpart for
the process unit
over the
performance test
during which
emissions did not
exceed 20 ppmv.
------------------------------------------------------------------------
3. Affected source process Reduce total HAP, The average total
vents listed in Table 2 of listed in Table 1 HAP, listed in
this subpart. of this subpart, or Table 1 of this
TOC emissions below subpart, or TOC
1.4 kg/h (3.0 lb/ emissions, measured
hr) and 2.8 Mg/yr using the methods
(3.1 ton/yr). in Table 6 of this
subpart over the 3-
hour initial
performance test,
do not exceed 1.4
kg/h (3.0 lb/hr);
and you have a
record of the
operating
requirement(s)
listed in Table 4
of this subpart for
the process unit(s)
over the
performance test
during which
emissions did not
exceed 1.4 kg/h
(3.0 lb/hr).
------------------------------------------------------------------------
Use the following table to determine if you have demonstrated
initial compliance for tanks; containers; surface impoundments; oil/
water separators or organic/water separators; equipment; closed-vent
systems; and transfer systems:
Table 8 to Subpart GGGGG of Part 63.--Initial Compliance With Work
Practice Standards
------------------------------------------------------------------------
For the following You have
For each * * * work practice demonstrated initial
standard * * * compliance if * * *
------------------------------------------------------------------------
1. Tank complying with the Install a fixed roof You have met the
requirements of subpart OO designed and work practice
(control level 1) of this operated in standard and as
part. accordance with part of the
Sec. 63.902. Notification of
Compliance Status,
you submit a signed
statement that you
have installed a
fixed roof that
meets the
specifications in
Sec. 63.902, you
have performed the
initial inspection
following
installation of the
roof in accordance
with Sec. 63.906,
and you have a
record documenting
the roof design and
inspection results.
------------------------------------------------------------------------
2. Tank complying with the Operate a fixed-roof You have met the
requirements of Sec. tank with an work practice
63.685(d) (control level 2) internal floating standard and as
of this part. roof (IFR) in part of the
accordance with Notification of
Sec. 63.685(e). Compliance Status,
you submit a signed
statement that you
have installed an
IFR that meets the
applicable
specifications in
Sec. 63.685(e),
you have performed
the initial
inspection
following
installation of the
IFR in accordance
with Sec.
63.695(b)(1), and
you have a record
documenting the IFR
design and
inspection results.
------------------------------------------------------------------------
[[Page 49440]]
3. Tank complying with the Install an external You have met the
requirements of Sec. floating roof (EFR) work practice
63.685(d) (control level 2) designed and standard and as
of this part. operated in part of the
accordance with Notification of
Sec. 63.685(f). Compliance Status,
you submit a signed
statement that you
have installed an
EFR that meets the
specifications in
Sec. 63.685(f),
you have performed
the initial
inspection
following
installation of the
EFR in accordance
with Sec.
63.695(b)(2)(i),
and you have a
record documenting
the EFR design and
inspection results.
------------------------------------------------------------------------
4. Tank complying with the Vent the tank to a You have met the
requirements of Sec. control device in work practice
63.685(d) (control level 2) accordance with standard and as
of this part. Sec. 63.685(g). part of the
Notification of
Compliance Status,
you submit a signed
statement that you
have installed a
fixed roof that
meets the
applicable
specifications in
Sec. 63.685(g)(1)
and (b), you have
performed the
initial inspection
following
installation of the
fixed roof in
accordance with
Sec. 63.695(b)(3),
and you have a
record documenting
the fixed roof
design and
inspection results.
------------------------------------------------------------------------
5. Tank complying with the Use a pressure tank You have met the
requirements of Sec. designed and work practice
63.685(d) (control level 2) operated in standard and as
of this part. accordance with part of the
Sec. 63.685(h). Notification of
Compliance Status,
you submit a signed
statement that you
have designed a
pressure tank
meeting the
applicable
specifications in
Sec. 63.685(h),
and you have a
record documenting
the tank design.
------------------------------------------------------------------------
6. Tank complying with the A tank located You have met the
requirements of Sec. inside an enclosure work practice
63.685(d) (control level 2) in accordance with standard and as
of this part. Sec. 63.685(i). part of the
Notification of
Compliance Status,
you submit a signed
statement that the
enclosure meets the
applicable
specifications in
Sec. 63.685(i),
you have performed
the initial
inspection in
accordance with
Sec. 63.685(i)(1),
and you have a
record documenting
the enclosure
design and
inspection results.
------------------------------------------------------------------------
7. Container complying with Install a cover You have met the
Sec. 63.922 (level 1 meeting the work practice
controls). requirements of standard and as
Sec. 63.922 part of the
whenever Notification of
remediation Compliance Status,
material is in the you submit a signed
container. statement that the
cover meets Sec.
63.922 and you have
visually inspected
the container and
its cover and
closure devices for
visible cracks,
holes, gaps, or
other open spaces
within 24 hours
after the material
is placed in the
container and
maintain a record
of the inspection.
------------------------------------------------------------------------
8. Container complying with Install a cover You have met the
Sec. 63.923 (level 2 meeting the work practice
controls). requirements of standard and as
Sec. 63.923 and be part of the
installed whenever Notification of
remediation Compliance Status,
material is in the you submit a signed
container. statement that the
cover meets Sec.
63.923 and you have
visually inspected
the container and
its cover and
closure devices for
visible cracks,
holes, gaps, or
other open spaces
within 24 hours
after the material
is placed in the
container and
maintain a record
of the inspection.
------------------------------------------------------------------------
[[Page 49441]]
9. Container complying with Vent the container You have met the
Sec. 63.924 (level 3 through a closed- work practice
controls). vent system (CVS) standard, and for
to a control device containers vented
according to the inside an
specifications of enclosure, as part
Sec. 63.924(b). of the Notification
of Compliance
Status, you submit
a signed statement
that, you meet the
requirements of
Sec. 63.924(c)(1).
Note: see item
number 17 of this
table for work
practice
requirements for
closed-vent
systems.
------------------------------------------------------------------------
10. Surface impoundment Install a floating You have met the
subject to Sec. 63.940 membrane cover work practice
that is not vented to a designed in standard and as
control device. accordance with part of the
specifications in Notification of
Sec. 63.942(a) Compliance Status,
through (c). you submit a signed
statement that you
have installed a
floating membrane
cover the meets the
specifications in
Sec. 63.942(b),
you have performed
the initial
inspection
following
installation of the
cover in accordance
with Sec.
63.946(a)(2), and
you have a record
documenting the
cover design and
inspection results.
------------------------------------------------------------------------
11. Surface impoundment Install a cover You have met the
subject to Sec. 63.940 designed in work practice
that is vented to a control accordance with standard and as
device. specifications in part of the
Sec. 63.943(b). Notification of
Compliance Status,
you submit a signed
statement that you
have installed a
cover the meets the
specifications in
Sec. 63.943(b),
you have performed
the initial
inspection
following
installation of the
cover as required
by Sec.
63.946(b)(1)(ii),
and you have a
record documenting
the cover design
and inspection
results.
------------------------------------------------------------------------
12. Oil/water separator, or Install a fixed roof You have met the
organic/water separator designed in work practice
complying with Sec. accordance with the standard and as
63.1042. specifications in part of the
Sec. 63.1042(b). Notification of
Compliance Status,
you submit a signed
statement that you
have installed a
fixed roof that
meets the
specifications in
Sec. 63.1042(b),
you have performed
the initial
inspection
following
installation of the
fixed roof as
required by Sec.
63.1047(a), and you
have a record
documenting the
fixed roof design
and inspection
results.
------------------------------------------------------------------------
13. Oil/water separator, or Install a floating You have met the
organic/water separator roof designed in work practice
complying with Sec. accordance with the standard and as
63.1043. specifications in part of the
Sec. 63.1043(b). Notification of
Compliance Status,
you submit a signed
statement that you
have installed a
floating roof that
meets the
specifications in
Sec. 63.1043(b),
you have performed
the initial
inspection
following
installation of the
floating roof as
required by Sec.
63.1047(b), and you
have a record
documenting the
floating design and
inspection results.
------------------------------------------------------------------------
14. Oil/water separator, or Install a fixed roof You have met the
organic/water separator designed in work practice
complying with Sec. accordance with the standard and as
63.1044. specifications in part of the
Sec. 63.1044(b) Notification of
and vent headspace Compliance Status,
to a control device you submit a signed
through a CVS. statement that you
have installed a
fixed roof that
meets the
specifications in
Sec. 63.1044(b),
you have performed
the initial
inspection
following
installation of the
fixed roof as
required by Sec.
63.1047(c), and you
have a record
documenting the
fixed roof design
and inspection
results.
------------------------------------------------------------------------
[[Page 49442]]
15. Oil/water separator, or Operate the You have met the
organic/water separator separator as a work practice
that is complying with Sec. closed system in standard and as
63.1045. accordance with the part of the
specifications in Notification of
Sec. 63.1045(b). Compliance Status,
you submit a signed
statement that the
separator operates
as a closed-system,
you have performed
the no detectable
organic emissions
test required in
Sec. 63.1046, and
you have a record
documenting the
separator design
and inspection
results.
------------------------------------------------------------------------
16. Item of equipment....... Carry out a leak You have met the
detection and work practice
repair program to standard and as
comply with the part of the
requirements of Notification of
subpart TT (control Compliance Status,
level 1); or you submit a signed
subpart WW (control statement that
level 2).. equipment subject
to the work
practice
requirements has
been identified and
you make available
written
specifications for
the leak detection
and repair program
or equivalent
control approach.
------------------------------------------------------------------------
17. Closed-vent system (CVS) Design and operate You have met the
conveying emissions to a the CVS in work practice
control device. accordance with the standard and as
specifications in part of the
Sec. 63.693. Notification of
Compliance Status,
you submit a signed
statement that CVS
meets the
specifications in
Sec. 63.695(c) and
you perform the
initial inspection
required by Sec.
63.695(c)(1)(i) and
have a record
documenting the
design and
inspection results.
------------------------------------------------------------------------
18. Transfer system that is Meet the design and You have met the
an individual drain system operating work practice
complying with the requirements in standard and as
applicable requirements in Sec. 63.962(a). part of the
subpart RR. Notification of
Compliance Status,
you submit a signed
statement that you
have designed the
applicable controls
in accordance with
Sec. 63.962(a) and
(b) and performed
the initial
inspection
requirements in
Sec. 63.964(a)(1)(
iv) and have a
record documenting
the design and
inspection results.
Systems conveying
emissions through a
CVS to a control
device should meet
the requirements in
item 17 of this
table.
------------------------------------------------------------------------
19. Transfer system that is Design and operate a You have met the
not an individual drain transfer system work practice
system and complies with using covers in standard and as
the requirements in Sec. accordance with part of the
63.689(c). Sec. 63.689(d). Notification of
Compliance Status,
you submit a signed
statement that you
have designed and
installed the
covers as required
by Sec.
63.689(d)(1)
through (5),
performed the
inspection
requirements in
Sec. 63.695(d)(2)
and have a record
documenting the
design and
inspection results.
------------------------------------------------------------------------
20. Transfer system that is Design and operate a You have met the
not an individual drain transfer system work practice
system and complies with using hard piping standard and as
the requirements in Sec. in accordance with part of the
63.689(c). Sec. 63.689(c)(2). Notification of
Compliance Status,
you submit a signed
statement that you
have installed the
hard piping as
specified in Sec.
63.689(c)(2).
------------------------------------------------------------------------
Use the following table to determine if you have demonstrated
continuous compliance for each unit in Table 2 or 3 of this subpart:
[[Page 49443]]
Table 9 to Subpart GGGGG of Part 63.--Continuous Compliance With
Emissions Limitations
------------------------------------------------------------------------
You have
For the following demonstrated
For* * * emissions limitation continuous
* * * compliance by * * *
------------------------------------------------------------------------
1. Each unit listed in Table a. Reduce total i. Performing CMS
2 or 3 of this subpart. organic HAP, listed monitoring and
in Table 1 of this collecting data
subpart, or TOC according to Secs.
emissions by at 63.7914, 63.7921,
least 95 weight- and 63.7930;
percent, ii. Maintaining the
site-specific
operating limits
within the ranges
established during
the design
evaluation or
performance test;
and
iii. Continuously
monitoring and
recording the total
organic or HAP
concentration at
least every 15
minutes, reducing
the CEMS data to 1-
hour and then 24-
hour block
averages, and
maintaining the 24-
hour block average
total organic or
HAP concentration
less than or equal
to the
concentration
established during
the performance
test; and
iv. Keeping the
applicable records
required in Sec.
63.10.
------------------------------------------------------------------------
2. Each unit listed in Table Limit emissions of Same as in item 1 of
3 of this subpart.... total HAP, listed Table 9 of this
in Table 1 of this Subpart
Subpart, or TOC
concentration of
[le]20 ppmv.
------------------------------------------------------------------------
3. Each unit listed in Table Limit emissions of Same as in item 1 of
2 or 3 of this subpart. total HAP, listed Table 9 of this
in Table 1 of this subpart.
subpart, to below
1.4 kg/hr (3.0 lb/
hr) and 2.8 Mg/yr
(3.1 ton/yr).
------------------------------------------------------------------------
Use the following table to determine if you have demonstrated
continuous compliance for each affected source unit in Table 2 or 3 of
this subpart:
Table 10 to Subpart GGGGG of Part 63.--Continuous Compliance With
Operating Limits
------------------------------------------------------------------------
You must demonstrate
For * * * For the following continuous
operating limit * * compliance by * * *
----------------------------------------*-------------------------------
1. Affected source using a a. Maintain the i. Continuously
thermal oxidizer to comply hourly average monitoring and
with an emissions limit in firebox temperature recording firebox
Table 2 or 3 of this greater than or temperature every
subpart. equal to the 15 minutes and
temperature maintaining the
established during hourly average
the design firebox temperature
evaluation or greater than or
performance test. equal to the
temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
------------------------------------------------------------------------
2. Affected source using a a. Replace the i. Replacing the
catalytic oxidizer to existing catalyst existing catalyst
comply with an emissions bed with a catalyst bed with a catalyst
limit in Table 2 or 3 of bed that meets the bed that meets the
this subpart. replacement replacement
specifications specifications
established during established during
the design the design
evaluation or evaluation or
performance test performance test
before the age of before the age of
the bed exceeds the the bed exceeds the
maximum allowable maximum allowable
age established age established
during the design during the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
b. Maintain the i. Continuously
hourly average monitoring and
temperature at the recording the
inlet of the temperature at the
catalyst bed inlet of the
greater than or catalyst bed at
equal to the least every 15
temperature minutes and
established during maintaining the
the design hourly average
evaluation or temperature at the
performance test. inlet of the
catalyst bed
greater than or
equal to the
temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
c. Maintain the i. Continuously
hourly average monitoring and
temperature recording the
difference across temperature at the
the catalyst bed outlet of the
greater than or catalyst bed every
equal to the 15 minutes and
minimum temperature maintaining the
difference hourly average
established during temperature
the design difference across
evaluation or the catalyst bed
performance test. greater than or
equal to the
minimum temperature
difference
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
[[Page 49444]]
3. Affected source using a a. Maintain the i. Continuously
condenser to comply with an hourly average monitoring and
emissions limit in Table 2 condenser exit recording the
or 3 of this subpart. temperature less temperature at the
than or equal to exit of the
the temperature condenser at least
established during every 15 minutes
the design and maintaining the
evaluation or hourly average
performance test. condenser exit
temperature less
than or equal to
the temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
------------------------------------------------------------------------
4. Affected source using an a. Replace the i. Replacing the
adsorption system with existing adsorbent existing adsorbent
adsorbent regeneration to in each segment of in each segment of
comply with an emissions the bed with an the bed with an
limit in Table 2 or 3 of adsorbent that adsorbent that
this subpart. meets the meets the
replacement replacement
specifications specifications
established during established during
the design the design
evaluation or evaluation or
performance test performance test
before the age of before the age of
the adsorbent the adsorbent
exceeds the maximum exceeds the maximum
allowable age allowable age
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
------------------------------------------------------------------------
b. Maintain the i. Maintaining the
frequency of frequency of
regeneration regeneration
greater than or greater than or
equal to the equal to the
frequency frequency
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
c. Maintain the i. Continuously
total regeneration monitoring and
stream mass flow recording the total
during the regeneration stream
adsorption bed mass flow during
regeneration cycle the adsorption bed
greater than or regeneration cycle
equal to the stream and maintaining the
mass flow flow greater than
established during or equal to the
the design stream mass flow
evaluation or established during
performance test. the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
d. Maintain the i. Continuously
hourly temperature monitoring and
of the adsorption recording the
bed during hourly temperature
regeneration of the adsorption
(except during the bed during
cooling cycle) regeneration
greater than or (except during the
equal to the cooling cycle) and
temperature maintaining the
established during hourly temperature
the design greater than or
evaluation or equal to the
performance test. temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
e. Maintain the i. Continuously
hourly temperature monitoring and
of the adsorption recording the
bed after hourly temperature
regeneration (and of the adsorption
within 15 minutes bed after
after completing regeneration (and
any cooling cycle) within 15 minutes
less than or equal after completing
to the temperature any cooling cycle)
established during and maintaining the
the design hourly temperature
evaluation or less than or equal
performance test. to the temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
------------------------------------------------------------------------
5. Affected source using an a. Replace the i. Replacing the
adsorption system without existing adsorbent existing adsorbent
adsorbent regeneration to in each segment of in each segment of
comply with an emissions the bed with an the bed with an
limit in Table 2 or 3. adsorbent that adsorption that
meets the meets the
replacement replacement
specifications specifications
established during established during
the design the design
evaluation or evaluation or
performance test performance test
before the age of before the age of
the adsorbent the adsorbent
exceeds the maximum exceeds the maximum
allowable age allowable age
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
-------------------------------------------
[[Page 49445]]
b. Maintain the i. Continuously
hourly temperature monitoring and
of the adsorption recording the
bed less than or hourly temperature
equal to the of the adsorption
temperature bed and maintaining
established during an hourly
the design temperature less
evaluation or than or equal to
performance test. the temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.10.
6. Affected source using a a. Maintain a pilot i. Continuously
flare to comply with an flame present in operating a device
emissions limit in Table 2 the flare at all that detects the
or 3 of this subpart. times that vapors presence of the
are not being pilot flame; and
vented to the flare ii. Keeping the
(Sec. 63.11(b)(5)). applicable records
required in Sec.
63.695(e).
b. Maintain a flare i. Maintaining a
flame at all times flare flame at all
that vapors are times that vapors
being vented from are being vented
the emissions from the emissions;
source (Sec. and
63.11(b)(5)). ii. Keeping the
applicable records
required in Sec.
63.10.
c. Operate the flare i. operating the
with no visible flare with no
emissions, except visible emissions
for up to 5 minutes exceeding the
in any 2 amount allowed; and
consecutive hours ii. Keeping the
(Sec. 63.11(b)(4)). applicable records
required in Sec.
63.10
d. Operate the flare i. Operating the
with an exit flare within the
velocity that is applicable exit
within the velocity limits;
applicable limits and
in Sec. ii. Keeping the
63.11(b)(6), (7), applicable records
and (8). required in Sec.
63.10.
e. Operate the flare i. Operating the
with a net heating flare with the gas
value of the gas net heating value
being combusted within the
greater than the applicable limit;
applicable minimum and
value in Sec. ii. Keeping the
63.11(b)(6)(ii). applicable records
required in Sec.
63.10.
------------------------------------------------------------------------
Use the requirements in the following table to demonstrate
continuous compliance for tanks; containers; surface impoundments; oil/
water separators or organic/water separators; equipment; closed-vent
systems; and transfer systems:
Table 11 to Subpart GGGGG of Part 63.--Continuous Compliance With Work
Practice Standards
------------------------------------------------------------------------
You must demonstrate
For the following continuous
For each * * work practice compliance by * * *
standard * * *
------------------------------------------------------------------------
1. Tank complying with a. install a fixed i. following the
subpart OO (control level roof designed and inspection and
1) of this part. operated in repair procedures
accordance with the in Sec. 63.906(a)
applicable and (b); and
specifications in ii. keeping the
Sec. 63.902. records required in
Sec. 63.907.
------------------------------------------------------------------------
2. Tank complying with the a. operate a fixed- i. following the
requirements of Sec. roof tank with an inspection and
63.685(d) (control level 2) internal floating repair requirements
of this part. roof (IFR) in in Sec.
accordance with 63.695(b)(1) and
Sec. 63.685(e). (4); and
ii. keeping the
records required in
Sec. 63.696.
------------------------------------------------------------------------
3. Tank complying with the a. install an i. following the
requirements of Sec. external floating inspection and
63.685(d) (control level 2) roof (EFR) designed repair requirements
of this part. and operated in in Sec.
accordance with 63.695(b)(2) and
Sec. 63.685(f). (4); and
ii. keeping the
records required in
Sec. 63.696(d).
------------------------------------------------------------------------
4. Tank complying with the a. vent the tank i. following the
requirements of Sec. through a closed inspection and
63.685(d) (control level 2) vent system (CVS) repair requirements
of this part. to a control device in Sec.
in accordance with 63.695(b)(3) and
Sec. 63.685(g). (4); and
ii. following the
inspection and
monitoring
requirements for
the CVS in Sec.
63.695(c)(1)-(3);
and
iii. keeping the
records required in
Sec. 63.696(e).
------------------------------------------------------------------------
5. Tank complying with the use a pressure tank operating the
requirements of Sec. designed and pressure tank at
63.685(d) (control level 2) operated in all times in
of this part. accordance with accordance with the
Sec. 63.685(h). specifications in
Sec. 63.685(h).
------------------------------------------------------------------------
6. Tank complying with the a. a tank located i. meeting the
requirements of Sec. inside an enclosure recordkeeping
63.685(d) (control level 2) in accordance with requirements of
of this part. Sec. 63.685(i). Sec. 63.696(f);
and
ii. meeting the
requirements for a
closed-vent system
specified in item
19 of this table.
------------------------------------------------------------------------
7. Container complying with install a cover following the
Sec. 63.922 (level 1 meeting the inspection and
controls). requirements of repair requirements
Sec. 63.922 in Sec.
whenever 63.926(a)(2) and
remediation (3).
material is in the
container.
------------------------------------------------------------------------
[[Page 49446]]
8. Container complying with install a cover following the
Sec. 63.923 (level 2 meeting the inspection and
controls). requirements of repair requirements
Sec. 63.923 in Sec.
whenever 63.926(c)(2) and
remediation (3).
material is in the
container.
------------------------------------------------------------------------
9. Container complying with a. vent the i. following the
Sec. 63.924 (level 3 container through a inspection and
controls). closed-vent system monitoring
(CVS) to a control requirements for
device according to the CVS in Sec.
the specifications 63.695(c)(1)-(3);
of Sec. 63.924(b). and
ii. keeping the
records required in
Sec. 63.927.
------------------------------------------------------------------------
10. Surface impoundment install a floating maintaining the
complying with the membrane cover membrane floating
applicable requirements in designed according on the liquid
subpart QQ that is not to the surface and
vented to a control device. specifications in visually inspecting
Sec. 63.942(a)-(b) the membrane at
and maintain the least once every
membrane floating year, making a
on the liquid first attempt at
surface at all repair of any
times. defects within 5
calendar days of
detection,
completing repair
within 45 calendar
days of detection,
and keeping the
records required in
Sec. 63.947(a).
------------------------------------------------------------------------
11. Surface impoundment that install a cover maintaining a cover
is a new or existing designed to meet on the surface
affected source subject to the applicable impoundment in
subpart QQ that is vented specifications in accordance with the
to a control device. Sec. 63.943(b); specifications in
and vent the Sec. 63.943(c),
emissions through a visually inspecting
closed-vent system the cover in
(CVS) to a control accordance with
device. Sec. 63.946(b),
repairing any
defects as
specified in Sec.
63.946(c), and
keeping a record of
the inspection as
required in Sec.
63.947; Note: see
item no. 19 in this
Table for CVS
requirements.
------------------------------------------------------------------------
12. Oil/water separator, or install a fixed roof performing the
organic/water separator designed to meet inspection required
complying with Sec. specifications in by Sec. 63.1047(a)
63.1042. Sec. 63.1042(b). once every calendar
year, and
maintaining the
records required by
Sec. 63.1048.
------------------------------------------------------------------------
13. Oil/water separator, or install a floating performing the
organic/water separator roof designed to inspections
complying with Sec. meet specifications required by Sec.
63.1043. in Sec. 63.1043(b). 63.1047(b), and
maintaining the
records required by
Sec. 63.1048.
------------------------------------------------------------------------
14. Oil/water separator, or install a fixed roof performing a visual
organic/water separator designed to meet inspection of the
that is complying with Sec. the specifications fixed roof at least
63.1044. in Sec. 63.1044(b) once every calendar
and vent headspace year under Sec.
to a control device 63.1047(c)(1)(ii),
through a CVS. operating,
inspecting and
monitoring the CVS
in accordance with
the requirements in
Sec. 63.693, and
keeping the records
required by Sec.
63.1048.
------------------------------------------------------------------------
15. Oil/water separator, or operate the operating the
organic/water separator separator as a separator as a
that is complying with Sec. closed system in closed-system and
63.1045. accordance with the performing the no
specifications in detectable organic
Sec. 63.1045(b). emissions test
required by Sec.
63.1046.
------------------------------------------------------------------------
16. Piece of equipment carry out a leak meeting the
complying with either detection and monitoring, repair
subpart TT or WW of this repair program and recordkeeping
part. complying with the requirements of
requirements of either subpart TT
subpart TT (control or subpart WW.
level 1) or subpart
WW (control level
2).
------------------------------------------------------------------------
17. Affected source a. design and i. following the
conveying emissions to a operate the CVS in inspection, repair
control device using a accordance with the and monitoring
closed-vent system (CVS). specifications in requirements in
Sec. 63.693. Sec. 63.695(c)(1)
through (3); and
ii. keeping the
records required by
Sec. 63.696(a).
For the purposes of
this subpart, the
term ``Table 2 of
this subpart'' in
40 CFR Part 63
Subpart DD means
``Table 13''.
------------------------------------------------------------------------
18. Transfer system that is a. meet the design i. following the
an individual drain system and operating operating
complying with the requirements in requirements in
applicable requirements in Sec. 63.962(a). Sec. 63.962(b),
subpart RR. the inspection and
repair requirements
in Sec.
63.964(a)and (b);
and
ii. keeping the
records required by
Sec. 63.965(a).
iii. systems
conveying emissions
through a CVS to a
control device
should meet the
requirements in
item 19 of this
table.
------------------------------------------------------------------------
[[Page 49447]]
19. Transfer system that is a. transfer system i. following the
not an individual drain using covers in operating
system and complies with accordance with requirements in
the requirements in Sec. Sec. 63.689(d). Sec. 63.689(d)(5)
63.689(c). and the inspection
and repair
requirements in
Sec. 63.695(d);
and
ii. keeping the
records required by
Sec. 63.696.
------------------------------------------------------------------------
Use the following table to determine which reports to submit:
Table 12 to Subpart GGGGG of Part 63.--Requirements for Reports
------------------------------------------------------------------------
The report must You must submit the
You must submit a(n) * * * contain * * * report * * *
------------------------------------------------------------------------
1. Compliance report........ a. A statement that i. Semiannually
there were no according to the
deviations from the requirements in
emissions Sec. 63.7931(b).
limitations and
work practice
standards during
the reporting
period if there are
no deviations from
any emissions
limitations
(emissions limit,
operating limit,
opacity limit, and
visible emissions
limit) that applies
to you, and there
are no deviations
from the
requirements for
work practice
standards in Table
11 of this subpart
that apply to you.
If there were no
periods during
which the CMS,
including CEMS,
COMS, and operating
parameter
monitoring systems,
was out-of-control
as specified in
Sec. 63.8(c)(7), a
statement that
there were no
periods during the
which the CMS was
out-of-control
during the
reporting period;
and.
b. The information i. Semiannually
in Sec. 63.7931(c) according to the
and (d) if you have requirements in
a deviation from Sec. 63.7931(b).
any emissions
limitation
(emissions limit,
operating limit,
opacity limit, and
visible emissions
limit) or work
practice standard
during the
reporting period;
and.
c. The information i. Semiannually
in Sec. 63.7931(c) according to the
and (d) if there requirements in
were periods. Sec. 63.7931(b).
------------------------------------------------------------------------
2. immediate startup, a. Actions taken for i. by fax or
shutup, shutdown, and the event. telephone within 2
malfunction report if you working days after
had a startup, shutdown, or starting actions
malfunction during the inconsistent with
reporting period that is the plan.
not consistent with your
startup, shutdown, and
malfunction plan.
b. The information i. by letter within
in Sec. 7 working days
63.10(d)(5)(ii). after the end of
the event unless
you have made
alternative
arrangements with
the permitting
authority.
------------------------------------------------------------------------
As stated in Sec. 63.7940, you must comply with the applicable
General Provisions requirements according to the following table:
Table 13 to Subpart GGGGG of Part 63.--Applicability of General Provisions to Subpart GGGGG
----------------------------------------------------------------------------------------------------------------
Applies to
Citation Subject Brief description subpart GGGGG
----------------------------------------------------------------------------------------------------------------
Sec. 63.1................... Applicability........ Initial Applicability Determination; Yes
Applicability After Standard
Established; Permit Requirements;
Extensions, Notifications.
----------------------------------------------------------------------------------------------------------------
Sec. 63.2................... Definitions.......... Definitions for part 63 standards........ Yes.
----------------------------------------------------------------------------------------------------------------
Sec. 63.3................... Units and Units and abbreviations for part 63 Yes.
Abbreviations. standards.
----------------------------------------------------------------------------------------------------------------
Sec. 63.4................... Prohibited Activities Prohibited Activities; Compliance date; Yes.
Circumvention, Severability.
----------------------------------------------------------------------------------------------------------------
Sec. 63.5................... Construction/ Applicability; applications; approvals... Yes.
Reconstruction.
----------------------------------------------------------------------------------------------------------------
[[Page 49448]]
Sec. 63.6(a)................ Applicability........ GP apply unless compliance extension GP Yes.
apply to area sources that become major.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(b)(1)-(4)......... Compliance Dates for Standards apply at effective date; 3 Yes.
New and years after effective date; upon
Reconstructed startup; 10 years after construction or
sources. reconstruction commences for 112(f).
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(b)(5)............. Notification......... Must notify if commenced construction or Yes.
reconstruction after proposal.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(b)(6)............. [Reserved]........... .......................................
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(b)(7)............. Compliance Dates for Area sources that become major must Yes.
New and comply with major source standards
Reconstructed Area immediately upon becoming major,
Sources That Become regardless of whether required to comply
Major. when they were an area source.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(c)(1)-(2)......... 1. Compliance Dates a. Comply according to date in subpart,
for Existing Sources. which must be no later than 3 years
after effective date.
..................... b. For 112(f) standards, comply within 90 Yes.
days of effective date unless compliance
extension.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(c)(3)-(4)......... [Reserved]........... .......................................
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(c)(5)............. Compliance Dates for Area sources that become major must Yes.
Existing Area comply with major source standards by
Sources That Become date indicated in subpart or by
Major. equivalent time period (for example, 3
years).
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(d)................ [Reserved]........... .......................................
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(e)(1)-(2)......... 1. Operation & a. Operate to minimize emissions at all Yes.
Maintenance. times.
b. Correct malfunctions as soon as Yes.
practicable.
c. Operation and maintenance requirements Yes.
independently enforceable; information
Administrator will use to determine if
operation and maintenance requirements
were met.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(e)(3)............. 1. Startup, Shutdown, a. Requirement for SSM and startup, Yes
and malfunction Plan shutdown, and Malfunction plan.
(SSMP).
b. Content of SSMP....................... Yes.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(f)(1)............. Compliance Except You must comply with emissions standards Yes.
During SSM. at all times except during SSM.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(f)(2)-(3)......... Methods for Compliance based on performance test, Yes.
Determining operation and maintenance plans,
Compliance. records, inspection.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(g)(1)-(3)......... Alternative Standard. Procedures for getting an alternative Yes.
standard.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)................ Opacity/Visible Requirements for opacity and visible Yes. However,
Emissions (VE) emissions limits. there are no
Standards. opacity
standards.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(1)............. Compliance with You must comply with Opacity/VE emissions Yes. However,
opacity/VE Standards. limitations at all times except during there are no
SSM. opacity
standards.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(2)(i).......... Determining If standard does not state test method, Yes. However,
Compliance with use Method 9 for opacity and Method 22 there are no
Opacity/VE Standards. for VE. opacity
standards.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(2)(ii)......... [Reserved]...........
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(2)(iii)........ Using Previous Tests Criteria for when previous opacity/VE Yes. However,
to Demonstrate testing can be used to show compliance there are no
Compliance with with this rule. opacity
Opacity/VE Standards. standards.
----------------------------------------------------------------------------------------------------------------
[[Page 49449]]
Sec. 63.6(h)(3)............. [Reserved]...........
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(4)............. Notification of Must notify Administrator of anticipated Yes. However,
Opacity/VE date of observation. there are no
Observation Date. opacity
standards.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(5)(i), (iii)- Conducting Opacity/VE Dates and Schedule for conducting opacity/ Yes. However,
(v). Observations. VE observations. there are no
opacity
standards.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(5)(ii)......... Opacity Test Duration Must have at least 3 hours of observation No.
and Averaging Times. with thirty, 6-minute averages.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(6)............. Records of Conditions Must keep records available and allow Yes. However,
During Opacity/VE Administrator to inspect. there are no
observations. opacity
standards.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(7)(i).......... Report COMS Must submit COMS data with other No.
Monitoring Data from performance test data.
Performance Test.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(7)(ii)......... Using COMS instead of Can submit COMS data instead of Method 9 No.
Method 9. results even if rule requires Method 9,
but must notify Administrator before
performance test.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(7)(iii)........ Averaging time for To determine compliance, must reduce COMS No.
COMS during data to 6-minute averages.
performance test.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(7)(iv)......... COMS requirements.... Owner/operator must demonstrate that COMS No.
performance evaluations are conducted
according to Secs. 63.8(e), COMS are
properly maintained and operated
according to 63.8(c) and data quality as
Sec. 63.8(d).
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(7)(v).......... Determining COMS is probative but not conclusive Yes. However,
Compliance with evidence of compliance with opacity there are no
Opacity/VE Standards. standard, even if Method 9 observation opacity
shows otherwise. Requirements for COMS standards.
to be probative evidence-proper
maintenance, meeting PS 1, and data have
not been altered.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(8)............. Determining Administrator will use all COMS, Method Yes. However,
Compliance with 9, and Method 22 results, as well as there are no
Opacity/VE Standards. information about operation and opacity
maintenance to determine compliance. standards.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(h)(9)............. Adjusted Opacity Procedures for Administrator to adjust an No.
Standard. opacity standard.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(i)(1)-(14)........ Compliance Extension. Procedures and criteria for Administrator Yes.
to grant compliance extension.
----------------------------------------------------------------------------------------------------------------
Sec. 63.6(j)................ Presidential President may exempt source category from Yes.
Compliance Exemption. requirement to comply with rule.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(a)(1)-(2)......... Performance Test Dates for Conducting Initial Performance Yes.
Dates. Testing and Other Compliance
Demonstrations. Must conduct 180 days
after first subject to rule.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(a)(3)............. Section 114 Authority Administrator may require a performance Yes.
test under CAA Section 114 at any time.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(b)(1)............. Notification of Must notify Administrator 60 days before Yes.
Performance Test. the test.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(b)(2)............. Notification of If rescheduling a performance test is Yes.
Rescheduling. necessary, must notify Administrator 5
days before scheduled date of
rescheduled date.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(c)................ 1. Quality Assurance/ a. Requirement to submit site-specific Yes.
Test Plan. test plan 60 days before the test or on
date Administrator agrees with:.
i. Test plan approval procedures......... Yes.
[[Page 49450]]
ii. Performance audit requirements....... Yes.
iii. Internal and External QA procedures Yes.
for testing.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(d)................ Testing Facilities... Requirements for testing facilities...... Yes.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(e)(1)............. Conditions for Performance tests must be conducted under Yes.
Conducting representative conditions. Cannot
Performance Tests. conduct performance tests during SSM.
Not a violation to exceed standard
during SSM.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(e)(2)............. Conditions for Must conduct according to rule and EPA Yes.
Conducting test methods unless Administrator
Performance Tests. approves alternative.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(e)(3)............. 1. Test Run Duration. a. Must have three test runs of at least Yes.
one hour each.
b. Complaince is based on arithmetic mean Yes.
of three runs.
c. Conditions when data from an Yes.
additional test run can be used.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(f)................ Alternative Test Procedures by which Administrator can Yes.
Method. grant approval to use an alternative
test method.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(g)................ 1. Performance Test a. Must include raw data in performance Yes.
Data Analysis. test report.
b. Must submit performance test data 60 Yes.
days after end of test with the
Notification of Compliance Status.
c. Keep data for 5 years................. Yes.
----------------------------------------------------------------------------------------------------------------
Sec. 63.7(h)................ Waiver of Tests...... Procedures for Administrator to waive Yes.
performance test.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(a)(1)............. Applicability of Subject to all monitoring requirements in Yes.
Monitoring standard.
Requirements.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(a)(2)............. Performance Performance Specifications in appendix B Yes.
Specifications. of part 60 apply.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(a)(3)............. [Reserved]...........
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(a)(4)............. Monitoring with Unless your rule says otherwise, the Yes.
Flares. requirements for flares in 63.11 apply.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(b)(1)............. Monitoring........... Must conduct monitoring according to Yes.
standard unless Administrator approves
alternative.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(b)(2)-(3)......... 1. Multiple Effluents a. Specific requirements for installing Yes.
and Multiple monitoring systems.
Monitoring Systems.
b. Must install on each effluent before Yes.
it is combined and before it is released
to the atmosphere unless Administrator
approves otherwise.
c. If more than one monitoring system on Yes.
an emissions point, must report all
monitoring system results, unless one
monitoring system is a backup.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(c)(1)............. Monitoring System Maintain monitoring system in a manner Yes.
Operation and consistent with good air pollution
Maintenance. control practices.
Sec. 63.8(c)(1)(i).......... Routine and Follow the SSM plan for routine repairs. Yes.
Predictable SSM. Keep parts for routine repairs readily
available. Reporting requirements for
SSM when action is described in SSM plan.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(c)(1)(ii)......... SSM not in SSMP...... Reporting requirements for SSM when Yes.
action is not described in SSM plan.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(c)(1)(iii)........ 1. Compliance with a. How Administrator determines if source Yes.
Operation and complying with operation and maintenance
Maintenance requirements.
Requirements.
b. Review of source O&M procedures, Yes.
records, Manufacturer's instructions,
recommendations, and inspection of
monitoring system.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(c)(2)-(3)......... 1. Monitoring System a. Must install to get representative Yes.
Installation. emissions and parameter measurements.
b. Must verify operational status before Yes.
or at performance test.
----------------------------------------------------------------------------------------------------------------
[[Page 49451]]
Sec. 63.8(c)(4)............. Continuous Monitoring CMS must be operating except during No.
System (CMS) breakdown, out-of-control, repair,
Requirements. maintenance, and high-level calibration
drifts.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(c)(4)(i)-(ii)..... Continuous Monitoring COMS must have a minimum of one cycle of Yes. However,
System (CMS) sampling and analysis for each COMS are not
Requirements. successive 10-second period and one applicable.
cycle of data recording for each Requirements
successive 6-minute period. CEMS must for CPMS are
have a minimum of one cycle of operation listed Secs.
for each successive 15-minute period. 63.7900 and
63.7913.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(c)(5)............. COMS Minimum COMS minimum procedures.................. No.
Procedures.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(c)(6)............. CMS Requirements..... Zero and High level calibration check Yes. However
requirements. requirements
for CPMS are
addressed in
Secs. 63.7900
and 63.7913.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(c)(7)-(8)......... CMS Requirements..... Out-of-control periods, including Yes.
reporting.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(d)................ CMS Quality Control.. Requirements for CMS quality control, Yes.
including calibration, etc. Must keep
quality control plan on record for 5
years. Keep old versions for 5 years
after revisions.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(e)................ CMS Performance Notification, performance evaluation test Yes.
Evaluation. plan, reports.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(f)(1)-(5)......... Alternative Procedures for Administrator to approve Yes.
Monitoring Method. alternative monitoring.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(f)(6)............. Alternative to Procedures for Administrator to approve No.
Relative Accuracy alternative relative accuracy tests for
Test. CEMS.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(g)(1)-(4)......... Data Reduction....... COMS 60-minute averages Calculated over Yes. However,
at least 36 evenly spaced data points. COMS are not
CEMS 1-hour averages computed over at applicable.
least 4 equally spaced data points. Requirements
for CPMS are
addressed in
Secs. 63.7900
and 63.7913.
----------------------------------------------------------------------------------------------------------------
Sec. 63.8(g)(5)............. Data Reduction....... Data that can't be used in computing No.
averages for CEMS and COMS.
----------------------------------------------------------------------------------------------------------------
Sec. 63.9(a)................ Notification Applicability and State Delegation....... Yes.
Requirements.
----------------------------------------------------------------------------------------------------------------
Sec. 63.9(b)(1)-(5)......... 1. Initial a. Submit notification 120 days after Yes.
Notifications. effective date..
b. Notification of intent to construct/ Yes.
reconstruct; Notification of
commencement of construct/reconstruct;
Notification of startup.
c. Contents of each...................... Yes.
----------------------------------------------------------------------------------------------------------------
Sec. 63.9(c)................ Request for Can request if cannot comply by date or Yes.
Compliance Extension. if installed BACT/LAER.
----------------------------------------------------------------------------------------------------------------
Sec. 63.9(d)................ Notification of For sources that commence construction Yes.
Special Compliance between proposal and promulgation and
Requirements for New want to comply 3 years after effective
Source. date.
----------------------------------------------------------------------------------------------------------------
Sec. 63.9(e)................ Notification of Notify Administrator 60 days prior....... Yes.
Performance Test.
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Sec. 63.9(f)................ Notification of VE/ Notify Administrator 30 days prior....... No.
Opacity Test.
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Sec. 63.9(g)................ Additional Notification of performance evaluation; Yes. However,
Notifications When notification using COMS data; there are no
Using CMS. notification that exceeded criterion for opacity
relative accuracy. standards.
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Sec. 63.9(h)(1)-(6)......... Notification of Contents; Due 60 days after end of Yes.
Compliance Status. performance test or other compliance
demonstration, except for opacity/VE,
which are due 30 days after; when to
submit to Federal vs. State authority.
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Sec. 63.9(i)................ Adjustment of Procedures for Administrator to approve Yes.
Submittal Deadlines. change in when notifications must be
submitted.
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Sec. 63.9(j)................ Change in Previous Must submit within 15 days after the Yes.
Information. change.
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Sec. 63.10(a)............... 1. Recordkeeping/ a. Applies to all, unless compliance Yes.
Reporting. extension.
b. When to submit to Federal vs. State Yes.
authority.
c. Procedures for owners of more than 1 Yes.
source.
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Sec. 63.10(b)(1)............ 1. Recordkeeping/ a. General Requirements.................. Yes..
Reporting.
b. Keep all records readily available.... Yes.
c. Keep for 5 years...................... Yes.
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Sec. 63.10(b)(2)(i)-(iv).... 1. Records related to a. Occurrence of each of operation Yes.
Startup, Shutdown, (process equipment).
and Malfunction.
b. Occurrence of each malfunction of air Yes.
pollution equipment.
c. Maintenance on air pollution control Yes.
equipment.
d. Actions during startup, shutdown, and Yes.
malfunction.
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Sec. 63.10(b)(2)(vi) and (x)- 1. CMS Records....... a. Malfunctions, inoperative, out-of- Yes.
(xi). control.
b. Calibration checks.................... Yes.
c. Adjustments, maintenance.............. Yes.
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Sec. 63.10(b)(2)(vii)-(ix).. 1. Records........... a. Measurements to demonstrate compliance Yes.
with emissions limitations.
b. Performance test, performance Yes.
evaluation, and visible emissions
observation results.
c. Measurements to determine conditions Yes.
of performance tests and performance
evaluations.
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Sec. 63.10(b)(2)(xii)....... Records.............. Records when under waiver................ Yes.
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Sec. 63.10(b)(2)(xiii)...... Records.............. Records when using alternative to No.
relative accuracy test.
----------------------------------------------------------------------------------------------------------------
Sec. 63.10(b)(2)(xiv)....... Records.............. All documentation supporting Initial Yes.
Notification and Notification of
Compliance Status.
----------------------------------------------------------------------------------------------------------------
Sec. 63.10(b)(3)............ Records.............. Applicability Determinations............. Yes.
----------------------------------------------------------------------------------------------------------------
Sec. 63.10(c)............... Records.............. Additional Records for CMS............... No.
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Sec. 63.10(d)(1)............ General Reporting Requirement to report.................... Yes.
Requirements.
----------------------------------------------------------------------------------------------------------------
Sec. 63.10(d)(2)............ Report of Performance When to submit to Federal or State Yes.
Test Results. authority.
----------------------------------------------------------------------------------------------------------------
Sec. 63.10(d)(3)............ Reporting Opacity or What to report and when.................. No.
VE Observations.
----------------------------------------------------------------------------------------------------------------
Sec. 63.10(d)(4)............ Progress Reports..... Must submit progress reports on schedule Yes.
if under compliance extension.
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Sec. 63.10(d)(5)............ Startup, Shutdown, Contents and submission.................. Yes.
and Malfunction
Reports.
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Sec. 63.10(e)(1)-(2)........ Additional CMS Must report results for each CEM on a Yes. However,
Reports. unit; written copy of performance COMS are not
evaluation; 3 copies of COMS performance applicable.
evaluation.
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Sec. 63.10(e)(3)............ Reports.............. Excess Emissions Reports................. No.
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Sec. 63.10(e)(3)(i)-(iii)... Reports.............. Schedule for reporting excess emissions No.
and parameter monitor exceedance (now
defined as deviations).
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Sec. 63.10(e)(3)(iv)-(v).... 1. Excess Emissions a. Requirement to revert to quarterly No.
Reports. submission if there is an excess
emissions and parameter monitor
exceedance (now defined as deviations)..
b. Provision to request semiannual No.
reporting after compliance for one year.
c. Submit report by 30th day following No.
end of quarter or calendar half.
d. If there has not been an exceedance or No.
excess emissions (now defined as
deviations), report contents is a
statement that there have been no
deviations.
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Sec. 63.10(e)(3)(iv)-(v).... Excess Emissions Must submit report containing all of the No.
Reports. information in Sec. 63.10(c)(5-13),
Sec. 63.8(c)(7-8).
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Sec. 63.10(e)(3)(vi)-(viii). Excess Emissions Requirements for reporting excess No.
Report and Summary emissions for CMSs (now called
Report. deviations). Requires all of the
information in Sec. 63.10(c)(5-13),
Sec. 63.8(c)(7-8).
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Sec. 63.10(e)(4)............ Reporting COMS data.. Must submit COMS data with performance No.
test data.
----------------------------------------------------------------------------------------------------------------
Sec. 63.10(f)............... Waiver for Procedures for Administrator to waive.... Yes.
Recordkeeping/
Reporting.
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Sec. 63.11.................. Flares............... Requirements for flares.................. Yes.
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Sec. 63.12.................. Delegation........... State authority to enforce standards..... Yes.
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Sec. 63.13.................. Addresses............ Addresses where reports, notifications, Yes.
and requests are sent.
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Sec. 63.14.................. Incorporation by Test methods incorporated by reference... Yes.
Reference.
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Sec. 63.15.................. Availability of Public and confidential information...... Yes.
Information.
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[FR Doc. 02-17360 Filed 7-29-02; 8:45 am]
BILLING CODE 6560-50-P