[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Rules and Regulations]
[Pages 25666-25670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9477]
[[Page 25665]]
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Part III
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Pharmaceuticals Production; Final Rule
and Proposed Rule
Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and
Regulations
[[Page 25666]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2004-0023; FRL-7911-3]
RIN 2060-AM52
National Emission Standards for Pharmaceuticals Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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SUMMARY: EPA is taking direct final action to amend the national
emission standards for pharmaceuticals production. The direct final
rule amendments include provisions for planned routine maintenance of
wastewater tanks, alternative monitoring provisions for caustic
scrubbers and condensers, and references general standards for
containers. We are making the amendments by direct final rule, without
prior proposal, because we view the revisions as noncontroversial and
anticipate no adverse comments.
DATES: The direct final rule amendments are effective on July 12, 2005,
without further notice, unless EPA receives adverse written comment by
June 13, 2005, or if a public hearing is requested by May 23, 2005. If
EPA receives such comments, it will publish a timely withdrawal in the
Federal Register indicating which provisions will become effective and
which provisions are being withdrawn due to adverse comment.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0023, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: EPA Docket Center, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Please include a duplicate copy, if possible.
Hand Delivery: Air and Radiation Docket, Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room B-108,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2004-0023.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov websites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Organic Chemicals
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-5402, electronic mail address [email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated category
and entities affected by this action include:
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Examples of regulated
Category NAICS codes SIC codes entities
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Industry........................... 325411 and 325412..... 2833 and 2834......... Producers of
finished dosage forms of
drugs (e.g., tablets,
capsules, and solutions),
active ingredients, or
precursors.
Typically 325199...... Typically 2869........ Producers of
material whose primary use
is as an active ingredient
of precursor.
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This table is not intended to be exhaustive, but rather provides a
guide for readers likely to be interested in the revisions to the
regulation affected by this action. To determine whether your facility,
company, business, organization, etc., is regulated by this action, you
should carefully examine all of the applicability criteria in 40 CFR
63.1250. If you have questions regarding the applicability of the
direct final rule amendments to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket, an
electronic copy of the direct final rule amendments will also be
available on the WWW through EPA's Technology Transfer Network (TTN).
Following signature by the EPA Administrator, a copy of the direct
final rule amendments will be posted on the TTN's policy and guidance
page for
[[Page 25667]]
newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg.
The TTN provides information and technology exchange in various areas
of air pollution control.
Comments. We are publishing the direct final rule amendments
without prior proposal because we view the amendments as
noncontroversial and do not anticipate adverse comments. We consider
the changes to be noncontroversial because the only effect is to
provide alternative monitoring requirements and extend planned routine
maintenance provisions for storage tanks to wastewater tanks. In the
Proposed Rules section of this Federal Register, we are publishing a
separate document that will serve as the proposal in the event that
timely adverse comments are received.
If we receive such adverse comments on the amendments, we will
publish a timely withdrawal in the Federal Register informing the
public which provisions will become effective and which provisions are
being withdrawn due to adverse comment. We will address all public
comments in a subsequent final rule based on the proposed rule. Any of
the distinct amendments in the direct final rule for which we do not
receive adverse comment will become effective on the date set out
above. We will not institute a second comment period on the direct
final rule amendments. Any parties interested in commenting must do so
at this time.
Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the direct final rule amendments is available
only by filing a petition for review in the U.S. Court of Appeals for
the District of Columbia by July 12, 2005. Under section 307(d)(7)(B)
of the CAA, only an objection to the direct final rule amendments that
was raised with reasonable specificity during the period for public
comment can be raised during judicial review. Moreover, under section
307(b)(2) of the CAA, the requirements established by the direct final
rule amendments may not be challenged separately in any civil or
criminal proceedings brought by EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Why are we publishing the amendments as a direct final rule?
II. What amendments are we making to the rule?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
I. Why Are We Publishing the Amendments as a Direct Final Rule?
We are publishing the amendments without prior proposal because we
view the changes as noncontroversial and anticipate no adverse comment.
The amendments to the final rule improve consistency with other
standards by referencing generic type standards for containers;
extending the planned routine maintenance provisions from storage tanks
to wastewater tanks; and allowing alternative monitoring for scrubbers
and condensers. The amendments do not alter the stringency of the
standards, have no adverse health or environmental impacts, and will
not increase costs.
II. What Amendments Are We Making to the Rule?
The direct final rule makes four amendments to the final rule. One
amendment adds a reference to an existing generic standard as a
compliance alternative for large wastewater containers. A second
amendment applies the same planned routine maintenance provisions for
storage tanks to wastewater tanks. A third amendment is to allow
monitoring of the condenser product side temperature in lieu of the
exit gas temperature. The fourth amendment is to allow monitoring of
caustic strength of the scrubber effluent as an alternative to
measuring pH. In addition to the amendments, we are correcting a
citation error.
The National Emission Standards for Containers in subpart PP to 40
CFR part 63 were developed for administrative convenience and
consistency and apply when other subparts reference subpart PP. The
level of control required by subparts PP and GGG to 40 CFR part 63 are
equivalent as both standards require vapor-tight containers. We are
aware that there are some facilities subject to subpart GGG to 40 CFR
part 63 that have containers subject to other maximum achievable
control technology (MACT) standards that are permitted to meet subpart
PP to 40 CFR part 63 with respect to those containers. Therefore, we
are amending the wastewater provisions in the final rule to reference
subpart PP to 40 CFR part 63 as a compliance option for large
containers to allow such sources the option of complying with a single
subpart for containers otherwise subject to different MACT standards.
The final rule allows for 240 hours per year for use of storage
tanks during periods of planned routine maintenance when the
requirements for control devices do not apply. This provision allows
for maintenance of the control device without emptying and cleaning the
storage tank. During the initial implementation phase of the final
rule, we became aware that the same problems of material management
apply to wastewater tanks as well as storage tanks. Applying the
planned routine maintenance provisions to storage of wastewater
eliminates the need to empty and clean wastewater tanks with each
downtime. This also eliminates emissions associated with cleaning and
degassing the wastewater tank. Therefore, we are extending the planned
routine maintenance provisions for storage tanks to wastewater tanks.
The same issue of material management for stored wastewater was
addressed in subpart FFFF to 40 CFR part 63 by providing the same
planned routine maintenance provisions.
Also, we are including provisions for alternative monitoring for
condensers and scrubbers. The new provisions allow for monitoring of
the product side temperature for condensers and provisions for
monitoring the caustic strength of the effluent for scrubbers. Again,
in the initial implementation phase of the final rule, we were informed
by several affected sources that alternative monitoring for condensers
and scrubbers should be allowed. Those alternative monitoring
provisions have been approved in precompliance reports for the final
rule and are also included in subpart FFFF to 40 CFR part 63.
Finally, we are clarifying that for the final rule, a process
change means the startup of a new process. As clarification in the
preamble to the proposed national emission standards for hazardous air
pollutants (NESHAP) for Pesticide Active Ingredient Production (PAI)
(67 FR 17503), we stated that a process change means the startup of a
new operating scenario associated with a new process. As in the
proposed PAI rule, the final rule requires the owner or operator to
prepare operating scenarios that describe the equipment, emissions,
controls, and monitoring for each process. A new operating scenario
must
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be prepared each time the owner or operator makes a change to produce a
new product. A new operating scenario must also be prepared for any
change to an existing process that is not within the scope of a current
operating scenario. As in the proposed PAI rule, we are clarifying that
for the final rule, a process change means the startup of a new
process.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and 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 final rule amendments are not a
``significant regulatory action'' under the terms of Executive Order
12866 and are, therefore, not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action gives a source owner or operator the option of using vapor
balancing to comply with the standards. Since it is only an option,
this action will not increase the information collection burden. The
OMB has previously approved the information collection requirements
contained in the existing regulations under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB
control number 2060-0358 (EPA ICR No. 1781.01).
Copies of the Information Collection Request (ICR) document(s) may
be obtained from Susan Auby, by mail at the Office of Environmental
Information, Collection Strategies Division; U.S. EPA (2822T); 1200
Pennsylvania Ave., 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. Include the ICR
or OMB number in any correspondence.
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 respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the final rule.
For purposes of assessing the impacts of today's amendments on
small entities, a small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's direct final rule
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. In determining whether a rule has a significant economic
impact on a substantial number of small entities, the impact of concern
is any significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603
and 604. Thus, an agency may conclude that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. The
final rule amendments add several compliance options granting greater
flexibility to small entities subject to the final rule that may result
in a more efficient use of resources for them and, therefore, impose no
additional regulatory costs or requirements on owners or operators of
affected sources.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least-costly, most cost-
effective, or least burdensome alternative that achieves the objectives
of the rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows the EPA
to adopt an alternative other than the least-costly, most cost
effective, or least-burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, 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 to have meaningful and
timely input in the development of EPA regulatory proposals with
significant Federal intergovernmental mandates, and
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informing, educating, and advising small governments on compliance with
the regulatory requirements.
The EPA has determined that the final rule amendments do not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. The final rule
amendments provide a source owner or operator with additional options
to comply with the standards. Therefore, the final rule amendments are
not subject to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (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.''
The final rule amendments do not have federalism implications. They
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. The final rule
amendments provide a source owner or operator with another option to
comply with the standards and, therefore, impose no additional burden
on sources. Thus, Executive Order 13132 does not apply to the final
rule amendments.
In the spirit of Executive Order 13132 and consistent with EPA
policy to promote communications between the EPA and State and local
governments, the EPA specifically solicits comment on the final rule
amendments from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 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.'' The final rule amendments do not have
tribal implications, as specified in Executive Order 13175. The final
rule amendments provide a source owner or operator with another option
to comply with the standards and, therefore, impose no additional
burden on sources. Thus, Executive Order 13175 does not apply to the
final rule amendments.
The EPA specifically solicits additional comment on the final rule
amendments from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the 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. Today's final rule
amendments are not subject to Executive Order 13045 because they are
based on technology performance, not health or safety risks.
Furthermore, the final rule amendments have been determined not to be
``economically significant'' as defined under Executive Order 12866.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The final rule amendments are not subject to Executive Order 13211
(66 FR 28355, May 22, 2001) because they are not a significant
regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note),
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs the EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
No new standard requirements are cited in the direct final rule
amendments. Therefore, the EPA is not proposing or adopting any
voluntary consensus standards in the direct final rule amendments.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing the direct final
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the direct final rule in the Federal Register.
The direct final rule is not a ``major rule'' as defined by 5 U.S.C.
804(2). The direct final rule amendments are effective on July 12,
2005.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: May 6, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, part 63 of title 40, chapter I
of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart GGG--[Amended]
0
1. Section 63.1253 is amended by adding two sentences to the end of
paragraph (e) to read as follows:
Sec. 63.1253 Standards: Storage tanks.
* * * * *
[[Page 25670]]
(e) * * * The owner or operator may submit an application to the
Administrator requesting an extension of this time limit to a total of
360 hours in any 365-day period. The application must explain why the
extension is needed, it must specify that no material will be added to
the storage tank between the time the 240-hour limit is exceeded and
the control device is again operational, and it must be submitted at
least 60 days before the 240-hour limit will be exceeded.
* * * * *
0
2. Section 63.1256 is amended by:
0
a. Adding paragraph (b)(10); and
0
b. Revising paragraph (d)(1)(i).
The revisions and addition read as follows:
Sec. 63.1256 Standards: Wastewater.
* * * * *
(b) * * *
(10) The emission limits specified in Sec. 63.1256 (b)(2) and (h)
for control devices used to control emissions from wastewater tanks do
not apply during periods of planned routine maintenance of the control
device(s) of no more than 240 hours in any 365-day period. The owner or
operator may submit an application to the Administrator requesting an
extension of this time limit to a total of 360 hours in any 365-day
period. The application must explain why the extension is needed, it
must specify that no affected wastewater will be added to the tank
between the time the 240-hour limit is exceeded and the control device
is again operational, and it must be submitted at least 60 days before
the 240-hour limit will be exceeded. Wastewater tanks shall not be
sparged with air or other gases without an operational control device.
* * * * *
(d) * * *
(1) * * *
(i) Except as provided in paragraph (d)(3)(iv) of this section, if
the capacity of the container is greater than 0.42 m\3\, the cover and
all openings (e.g., bungs, hatches, sampling points, and pressure
relief valves) shall be controlled in accordance with the requirements
of either paragraph (d)(1)(i)(A) or (d)(1)(i)(B) of this section.
(A) The requirements specified in Sec. 63.1258(h); or
(B) The requirements of subpart PP of this part for containers
using level 2 controls that meet the definitions in Sec. 63.923(b)(1)
or (2).
* * * * *
0
3. Section 63.1258 is amended by:
0
a. Amending paragraph (b)(1)(ii) introductory text to add a sentence
before the last sentence; and
0
b. Revising paragraph (b)(1)(iii) introductory text.
The revisions read as follows:
Sec. 63.1258 Monitoring requirements.
* * * * *
(b) * * *
(1) * * *
(ii) * * * As an alternative to measuring pH, you may elect to
continuously monitor the caustic strength of the scrubber effluent. * *
*
* * * * *
(iii) Condensers. For each condenser, the owner or operator shall
establish the maximum condenser outlet gas temperature or product side
temperature as a site specific operating parameter which much be
measured and recorded at least every 15 minutes during the period in
which the condenser is functioning in achieving the HAP removal
required by this subpart.
* * * * *
0
4. Section 63.1259 is amended by revising the last two sentences in
paragraph (a)(3) introductory text to read as follows:
Sec. 63.1259 Recordkeeping requirements.
(a) * * *
(3) * * * The owner or operator shall keep the startup, shutdown,
and malfunction records specified in paragraphs (a)(3)(i) through (iii)
of this section. Reports related to the plan shall be submitted as
specified in Sec. 63.1260(i).
* * * * *
[FR Doc. 05-9477 Filed 5-12-05; 8:45 am]
BILLING CODE 6560-50-P