[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Proposed Rules]
[Pages 49530-49541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16813]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0057; FRL-7959-3]
RIN 2060-AM25
National Emission Standards for Hazardous Air Pollutants:
Hydrochloric Acid Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: On April 17, 2003, we published the national emission
standards for hazardous air pollutants (NESHAP) for hydrochloric acid
(HCl) production facilities, including HCl production at fume silica
facilities (HCl Production NESHAP) (68 FR 19076). We are proposing to
amend the existing rule by clarifying certain applicability provisions,
emission standards, and testing, maintenance, and reporting
requirements. The proposed amendments would also correct several
omissions and typographical errors in the final rule. We are proposing
the amendments to facilitate compliance and improve understanding of
the final rule requirements.
DATES: Comments. Comments must be received on or before October 24,
2005.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by September 13, 2005, a public hearing will be held on
September 23, 2005.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
OAR-2002-0057 (formerly Docket ID No. A-99-41), 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: Air Docket, EPA Docket Center, U.S. EPA West,
Mailcode 6102T, Room B-108, 1200 Pennsylvania Avenue, NW., Washington,
DC 20460. Please include a total of two copies.
Hand Delivery: EPA Docket Center, Room B-108, U.S. EPA
West, 1301 Constitution Avenue, NW., Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions. Direct your comments to Docket ID No. OAR-2002-0057.
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). For additional instructions on submitting comments,
see the SUPPLEMENTARY INFORMATION section of this document.
Docket. EPA has established an official public docket for this
action including both Docket ID No. OAR-2002-0057 and legacy Docket ID
No. A-99-41. The official public docket consists of the information
related to this action. Not all items are listed under both docket
numbers, so interested parties should inspect both docket numbers to
ensure that they have received all materials relevant to the proposed
amendments. 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
[[Page 49531]]
form. Publicly available docket materials are available either
electronically in EDOCKET or in hard copy at the EPA Docket Center (Air
Docket), EPA West, Room B-102, 1301 Constitution Avenue, NW.,
Washington, DC 20004. This Docket Facility is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the reading room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
Public Hearing. If a public hearing is requested, it will be held
at the EPA facility complex in Research Triangle Park, N.C. at 10 a.m.
Persons interested in attending the hearing or wishing to present oral
testimony should notify Eloise Shepherd, Combustion Group (MD-C439-01),
U.S. EPA, Research Triangle Park, NC 27711, telephone (919) 541-5578 at
least 2 days in advance of the hearing.
FOR FURTHER INFORMATION CONTACT: Mr. William Maxwell, Combustion Group,
Emission Standards Division (C439-01), U.S. EPA, Research Triangle
Park, N.C., 27711; telephone number (919) 541-5430; fax number (919)
541-5450; electronic mail address: [email protected].
SUPPLEMENTARY INFORMATION: Regulated entities. Entities that will
potentially be affected by the proposed amendments are those that
produce HCl and are major sources of hazardous air pollutants (HAP) as
defined in section 112 of the Clean Air Act (CAA). The regulated
categories and entities include:
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Category SIC a NAICS b Regulated entities
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Industry....................... 2819 325188 Hydrochloric Acid Production.
2821 325211
2869 325199
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a Standard Industrial Classification.
b North American Industry Classification System.
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. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility, company, business, organization, etc., is regulated by
this action, you should carefully examine the applicability criteria in
section 63.8985 of the HCl Production NESHAP. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer, Mailcode C404-02, U.S. EPA, Research Triangle
Park, NC 27709, Attention Docket ID No. OAR-2002-0057. Clearly mark the
part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
World Wide Web (WWW). The text of today's document will also be
available on the WWW through the Technology Transfer Network (TTN).
Following signature, a copy of this action will be posted on the TTN's
policy and guidance page for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control.
Outline. The information presented in this preamble is organized as
follows:
I. Background
II. Summary of Proposed Amendments
A. Applicability
B. Definitions
C. Emission Standards
D. Storage Tank Maintenance
E. Notification and Reporting Requirements
F. Omissions and Typographical Corrections
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
I. Background
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. Hydrochloric
acid production and fume silica production were listed as source
categories under the production of inorganic chemicals group on EPA's
initial list of major source categories (57 FR 31576, July 16, 1992).
We later combined these two source categories for regulatory purposes
and renamed the combined source category ``HCl Production'' (66 FR
48174, September
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18, 2001). The next revision to the source category list will reflect
this change. Major sources of HAP are those that have the potential to
emit greater than 10 tons per year (tpy) of any one HAP or 25 tpy of
any combination of HAP. The CAA requires the national emission
standards for HAP to reflect the maximum degree of reduction in HAP
emissions that is achievable. This level of control is commonly known
as the maximum achievable control technology (MACT).
On April 17, 2003, EPA published final standards (68 FR 19076) for
the control of HAP from HCl production (40 CFR part 63, subpart NNNNN).
The final rule contains emission limitations and standards applicable
to HCl and chlorine (Cl2). These limits apply to each new or
existing HCl process vent, HCl storage tank, HCl transfer operation,
and leaks from equipment in HCl service located at a major source of
HAP.
After promulgation, some applicability- and compliance-related
issues, in addition to several inadvertent omissions and typographical
errors, were identified. We are proposing today's amendments to address
these issues.
II. Summary of Proposed Amendments
We are proposing to amend 40 CFR part 63, subpart NNNNN, to change
the applicability provisions, to clarify testing, monitoring, and
reporting requirements, and to correct inadvertent omissions and
typographical errors. A summary of each of the proposed amendments to
40 CFR part 63, subpart NNNNN, and the rationale for each is presented
below.
A. Applicability
In order to avoid regulatory overlap, the HCl Production NESHAP
exempts certain HCl production facilities that are part of other source
categories and subject to other Federal standards. We intended the HCl
Production NESHAP to cover only those HCl production facilities that
were not subject to any other MACT standards and not to cover those HCl
production facilities that were subject to other MACT standards.
Today's proposed amendments would change the applicability provisions
to rectify three situations that came to our attention after
promulgation of the HCl Production NESHAP in which this intent was not
satisfied.
First, the proposed amendments would address the HCl Production
NESHAP's exemptions for HCl production facilities that are subject to
certain other regulations, including 40 CFR part 63, subpart EEE (the
Hazardous Waste Combustors NESHAP), and 40 CFR 266.107, subpart H
(regulations issued under the Resource Conservation and Recovery Act
governing the Burning of Hazardous Wastes in Boilers and Industrial
Furnaces).\1\ As currently worded, the exemptions are overly broad,
because neither of the final rules covers emissions of HCl from HCl
storage tanks, HCl transfer operations, or leaks from equipment in HCl
service at these facilities. This leaves these emission points not
subject to any Federal standards, which was not our intent. Therefore,
we are proposing to amend subpart NNNNN of 40 CFR part 63 to exempt
facilities that are subject to subpart EEE of 40 CFR part 63 or subpart
H of 40 CFR part 266 and that meet the applicability requirements of
subpart NNNNN from only the HCl process vent provisions of subpart
NNNNN, rather than from all of the requirements of subpart NNNNN.
Because the purpose of 40 CFR 63.8985(b) and (c) is to provide
exemptions from all of the requirements of subpart NNNNN for entire HCl
production facilities subject to certain other rules, we are proposing
to remove 40 CFR 63.8985(b)(4) and (c)(3) to eliminate the overly broad
exemptions and instead to add new paragraphs to 40 CFR 63.9000(c) to
accomplish the proposed amendments. The purpose of 40 CFR 63.9000(c) is
to exempt certain emission streams from subpart NNNNN. Under proposed
40 CFR 63.9000(c), plants that are subject to subpart EEE of 40 CFR
part 63 or subpart H of 40 CFR part 266 and that meet the other
applicability provisions of subpart NNNNN would be affected sources
under subpart NNNNN but would be exempt from the process vents
provisions of subpart NNNNN.
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\1\ Proposed amendments to subpart EEE, 40 CFR part 63 (69 FR
21198, March 31, 2004), include standards for HCl production
furnaces that burn hazardous waste and propose to subject hazardous
waste combustors that are HCl production facilities under 40 CFR
part 266, subpart H, to NESHAP under 40 CFR part 63, subpart EEE.
Promulgation of the standards is forthcoming.
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Second, the proposed amendments would revise the HCl Production
NESHAP's exemptions for specific emission streams to eliminate
duplicative regulation. Some emission points that are not themselves
subject to subpart EEE of 40 CFR part 63 have their emissions
controlled under subpart EEE because their emissions are routed
directly through equipment that is subject to subpart EEE (e.g., an HCl
process vent emission stream routed to a hazardous waste combustor for
use as supplemental combustion air). Currently, these emissions (e.g.,
from the combustor) are regulated by both subpart EEE and subpart NNNNN
of 40 CFR part 63. To rectify this situation, we are proposing to add a
new paragraph to 40 CFR 63.9000(c) to include an emission stream-
specific exemption for HCl process vents, HCl storage tanks, and HCl
transfer operations that are routed directly to hazardous waste
combustors subject to subpart EEE. This means that under the proposal,
HCl production facility emission streams that are routed to subpart EEE
hazardous waste combustors would be exempt from the requirements of
subpart NNNNN.
Finally, the proposed amendments would remove the HCl Production
NESHAP's exemption for HCl production facilities subject to 40 CFR
264.343(b), subpart O (Incinerators), which will no longer be
necessary. A combustor that burns hazardous waste and meets the subpart
NNNNN of 40 CFR part 63 definition of an HCl production facility would
be defined as a halogen acid furnace (currently subject to 40 CFR
266.107, subpart H, and that would be subject to 40 CFR part 63,
subpart EEE, under EPA's proposal at 69 FR 21198), not an incinerator
(subject to 40 CFR 264.343(b), subpart O). As discussed above, we are
proposing to amend the applicability provisions of the HCl Production
NESHAP to properly address HCl production facilities that are subject
to subpart H. Therefore, the exemption for subpart O will no longer be
necessary, and we are proposing to remove 40 CFR 63.8985(c)(2), which
provided this exemption. Consequently, we are proposing to incorporate
the exemption provided in 40 CFR 63.8985(c)(1) into 40 CFR 63.8985(c),
thus removing 40 CFR 63.8985(c)(1).
B. Definitions
We are proposing to clarify the meaning of ``equipment in HCl
service,'' which is defined in the HCl Production NESHAP as ``each
pump, compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, valve, connector, and instrumentation
system that contains 30 weight percent or greater of liquid HCl or 5
weight percent or greater of gaseous HCl at any time'' (see 40 CFR
63.9075). This definition could be interpreted to include equipment
that is located at the same plant site as an ``HCl production
facility'' (see 40 CFR 63.8985(a)(1)) but is not part of the HCl
production facility. We intended to include only equipment that meets
the above definition and is located within an HCl production facility.
Therefore, we are
[[Page 49533]]
proposing to amend the definition of ``equipment in HCl service'' in 40
CFR 63.9075 to clarify that the definition applies only to equipment
within an HCl production facility.
C. Emission Standards
The HCl Production NESHAP specifies the emission limits for
existing and new HCl process vents, HCl storage tanks, and HCl transfer
operations in two forms--a percent reduction and an outlet
concentration--and allows HCl production facilities to comply with
either one. However, the wording of the emission limits could be
construed to require the use of an add-on control device even when an
emission point meets the outlet concentration emission limit without an
add-on control device. It was not our intent to require add-on control
devices when they are unnecessary for compliance. While a percent
reduction emission limit would need to be achieved through the use of
an add-on control device, we recognize that an outlet concentration
emission limit could be achieved through other means (e.g., process
changes, pollution prevention). Therefore, we are proposing to amend
table 1 to subpart NNNNN of 40 CFR part 63 to clarify that it is not
necessary to use an add-on control device in order to meet the outlet
concentration form of the emission limits. In addition, we are
proposing to amend tables 3 and 5 to subpart NNNNN to specify the
sampling port location and continuous compliance requirements,
respectively, for sources that are not equipped with an add-on control
device. Also, we are proposing to amend 40 CFR 63.9015(a) to require
that emission points meeting the outlet concentration limits without
the use of a control device conduct subsequent performance tests when
process changes are made that could reasonably be expected to change
the outlet concentration. Finally, we are proposing to amend 40 CFR
63.9050 by adding paragraph (c)(9), which specifies that compliance
reports must include verification that no process changes that could
reasonably be expected to change the outlet concentration have been
made since the last performance test.
D. Storage Tank Maintenance
The HCl Production NESHAP is silent on the issue of how maintenance
is to be conducted on HCl storage tank control devices. This could lead
to uncertainty over whether an HCl storage tank would need to be
emptied before the associated control device could be disconnected for
maintenance purposes. It was not our intent that an HCl storage tank
would need to be emptied prior to maintenance because the standing
losses associated with a full or partially-full HCl storage tank are
low, when compared to the emissions that occur from filling and
emptying the tank. To clarify our intent, we are proposing to amend 40
CFR 63.9000, by adding paragraph (d), to allow HCl production
facilities to perform planned routine maintenance on each HCl storage
tank control device for up to 240 hours per year without emptying the
contents of the tank. During this time, the storage tank emission
limitations would not apply. Also, we are proposing to amend 40 CFR
63.9050, by adding paragraph (c)(10), and 40 CFR 63.9055, by adding
paragraph (b)(6), to specify the reporting and recordkeeping
requirements for planned routine maintenance events. These provisions
are consistent with other NESHAP to which plant sites containing HCl
production facilities may be subject.
E. Notification and Reporting Requirements
1. Notification of Compliance Status
The HCl Production NESHAP requires the submission of a Notification
of Compliance Status (NOCS) to the Administrator when a performance
test is conducted (see 40 CFR 63.9045(a), table 7 to subpart NNNNN of
40 CFR part 63, and 40 CFR 63.9(h)). It could be interpreted that 40
CFR 63.9045(e) and (f) require the submission of a separate NOCS for
each performance test that is conducted (e.g., on each emission point).
It is more efficient and no less effective for HCl production
facilities to submit one NOCS for the entire affected source, rather
than one NOCS for each emission point tested, and it was not our intent
to require unnecessary paperwork. Therefore, we are proposing to amend
40 CFR 63.9045 to change the submission procedures for NOCS. We are
proposing to allow NOCS to be submitted within 240 calendar days of the
compliance dates for subpart NNNNN of 40 CFR part 63. The amendment
would allow for the submission of only one NOCS per affected source
because the notification is due 60 days after all performance tests are
required to be conducted. We are also proposing to amend table 7 to
subpart NNNNN to reflect this change to the NOCS submission procedures.
2. Monitoring and Leak Detection and Repair (LDAR) Plans
The HCl Production NESHAP requires submission of the initial site-
specific monitoring (40 CFR 63.9005(d)) and LDAR (LDAR; table 1 to
subpart NNNNN of 40 CFR part 63) plans to the Administrator with a
source's NOCS. The final rule does not, however, specify when or how
revisions to these plans should be submitted, only that they should be
submitted (40 CFR 63.9055(b)(5)). Submission of revisions to these
plans is most efficiently done in conjunction with the semi-annual
compliance report required by 40 CFR 63.9050. Therefore, we are
proposing to amend 40 CFR 63.9050(c) by adding paragraph (c)(8) to
require submission of revisions to site-specific monitoring plans and
LDAR plans with semi-annual compliance reports, if revisions have been
made during the reporting period.
F. Omissions and Typographical Corrections
We are proposing to add an exemption which was inadvertently
omitted from the HC1 Production NESHAP. In the preamble to the final
rule (68 FR 19082), we indicated that we would include an exemption for
HC1 production facilities subject to 40 CFR 63.994, subpart SS. Because
this exemption was not included in the final rule text, we are
proposing to amend the rule to include it. Because we are proposing to
remove 40 CFR 63.8985(b)(4), we are proposing to replace it with the
exemption for 40 CFR 63.994, subpart SS.
We are proposing to remove the phrase ``/Cl2'' from 40
CFR 63.8990(b)(4) to reflect a change made between the proposed rule
and the final rule which was retained incorrectly in the final rule.
The proposed rule used the term ``in HCl/Cl2 service,'' but
we wrote this term as ``equipment in HCl service'' in the final rule.
We are proposing to make the same change in the first column of table
1, item 4 of subpart NNNNN of 40 CFR part 63.
We are proposing to correct an inaccurate reference in 40 CFR
63.9025(a) regarding operating parameters. The reference should be to
40 CFR 63.9020(e), which requires operating parameters to be
established, rather than to 40 CFR 63.9020(d). This was a typographical
error in the final rule.
We are proposing to correct an inaccurate reference in the
definition of ``HCl production facility'' in 40 CFR 63.9075. The
reference to 40 CFR 63.8985(a)(i) should be to 40 CFR 63.8985(a)(1)
because 40 CFR
[[Page 49534]]
63.8985(a)(i) does not exist. This was a typographical error in the
final rule.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
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 EO. The EO defines a
``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 entitlement, 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 EO.
Pursuant to the terms of EO 12866, OMB has notified EPA that it
considers this a ``significant regulatory action'' within the meaning
of the EO. EPA has submitted this action to OMB for review. Changes
made in response to OMB suggestions or recommendations will be
documented in the public record.
B. Paperwork Reduction Act
The OMB has approved the information collection requirements in the
2003 NESHAP for HCl production under the requirements of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control
number 2060-0529. EPA has prepared a revision to the currently approved
information collection request (ICR), and you may obtain a copy of the
currently approved ICR and the revised ICR from Susan Auby by mail at
the 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. Copies may also be downloaded off the internet at http://www.epa.gov/icr. Most of the proposed amendments are not expected to
have an impact on the ICR burden. However, the ICR has been revised
because two of today's proposed rule amendments are expected to change
the burden slightly. The proposed exemption for individual emission
streams that are routed to 40 CFR part 63, subpart EEE, hazardous waste
combustors is expected to decrease the reporting and recordkeeping
burden for some sources. The planned routine maintenance allowance is
expected to increase the reporting and recordkeeping burden for all
sources. Overall, the total annual reporting and recordkeeping burden
is expected to be 733 hours (1 percent) lower than for the final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996, 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as a small business according to
Small Business Administration (SBA) size standards by the North
American Industry Classification System (NAICS) category of the owning
parent entity. The small business size standard for the affected
industries (NAICS 325181, Alkalies and Chlorine Manufacturing, and
NAICS 325188, All Other Basic Inorganic Chemical Manufacturing) is a
maximum of 1,000 employees for an entity.
After considering the economic impact of today's proposed rule on
small entities, I certify that this action will not have a significant
impact on a substantial number of small entities. In accordance with
the RFA, as amended by the SBREFA, 5 U.S.C. 601, et seq., we conducted
an assessment of the final rule on small businesses within the
industries affected by the final rule. This analysis allowed us to
certify that there would not be a significant impact on a substantial
number of small entities from the implementation of the final rule.
There is nothing contained in the proposed amendments that will impact
small businesses in any way not considered in the analysis of the final
rule; this means that the proposed amendments have no incremental
impact on small businesses beyond what was already examined in the
final rule. We continue to be interested in the potential impacts of
the proposed rule on small entities and welcome comments on issues
related to such impacts.
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, 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 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 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 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. Today's proposed amendments contain no Federal mandates
(under the regulatory provisions of title II of the UMRA) for State,
local, or Tribal governments. EPA has determined that the proposed
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.
Thus, today's proposed amendments are not subject to the
[[Page 49535]]
requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the EO 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 proposed 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 EO 13132. None of the
affected facilities are owned or operated by State governments. Thus,
EO 13132 does not apply to the proposed amendments.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 6, 2000) requires 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 proposed amendments will not have
Tribal implications, as specified in EO 13175. They will not have
substantial direct effects on Tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes. No Tribal governments own facilities
subject to the HC1 Production NESHAP. Thus, EO 13175 does not apply to
these proposed amendments.
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 EO 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, 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 Agency. EPA interprets EO 13045 as applying only to
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the EO has the potential
to influence the regulation. The proposed amendments are not subject to
EO 13045 because they are based on technology performance and not on
health or safety risks. Nor are the proposed amendments ``economically
significant'' under EO 12866, as discussed in section III(A) of this
preamble.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
Today's action is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Public Law 104-113; 15 U.S.C 272 note), directs
EPA to use voluntary consensus standards in their regulatory and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impracticable. Voluntary consensus
standards are technical standards (such as material specifications,
test methods, sampling procedures, or business practices) developed or
adopted by one or more voluntary consensus bodies. The NTTAA directs
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards. The proposed amendments do not involve changes to the
technical standards in the final rule. Therefore, EPA is not
considering the use of any voluntary consensus standards in the
proposed amendments.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Recordkeeping and reporting requirements.
Dated: August 17, 2005.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the preamble, title 40, chapter I,
part 63 of the Code of 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.
Subpart NNNNN--[Amended]
2. Section 63.8985 is amended by revising paragraphs (b)(4) and (c)
to read as follows:
Sec. 63.8985 Am I subject to this subpart?
* * * * *
(b) * * *
(4) 40 CFR part 63, Sec. 63.994, subpart SS, National Emission
Standards for Closed Vent Systems, Control Devices, Recovery Devices
and Routing to a Fuel Gas System or a Process.
* * * * *
(c) An HCl production facility is not subject to this subpart if it
is located following the incineration of chlorinated waste gas streams,
waste liquids, or solid wastes, and the emissions from the HCl
production facility are subject to Sec. 63.113(c), subpart G, National
Emission Standards for Organic Hazardous Air Pollutants from the
Synthetic Organic Chemical Manufacturing Industry for Process Vents,
Storage Vessels, Transfer Operations, and Wastewater.
* * * * *
3. Section 63.8990 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 63.8990 What parts of my plant does this subpart cover?
* * * * *
(b) * * *
(4) Each emission stream resulting from leaks from equipment in HCl
service.
* * * * *
4. Section 63.9000 is amended by:
a. Revising paragraph (a);
b. Revising the introductory text of paragraph (c);
c. Adding paragraphs (c)(4) through (c)(6); and
d. Adding paragraph (d).
Sec. 63.9000 What emission limitations and work practice standards
must I meet?
(a) With the exceptions noted in paragraphs (c) and (d) of this
section, you must meet the applicable emission limit and work practice
standard in
[[Page 49536]]
table 1 to this subpart for each emission stream listed under Sec.
63.8990(b)(1) through (4) that is part of your affected source.
* * * * *
(c) The emission streams listed in paragraphs (c)(1) through (6) of
this section are exempt from the emission limitations, work practice
standards, and all other requirements of this subpart.
* * * * *
(4) Emission streams from HCl process vents that are also subject
to 40 CFR part 63, subpart EEE, National Emission Standards for
Hazardous Air Pollutants for Hazardous Waste Combustors.
(5) Emission streams from HCl process vents, HCl storage tanks, and
HCl transfer operations that are routed directly to hazardous waste
incinerators that are subject to 40 CFR part 63, subpart EEE, National
Emission Standards for Hazardous Air Pollutants for Hazardous Waste
Combustors.
(6) Emission streams from HCl process vents that are located
following the incineration of chlorinated waste gas streams, waste
liquids, or solid wastes and that are also subject to Sec. 266.107,
subpart H, Burning of Hazardous Waste in Boilers and Industrial
Furnaces.
(d) The emission limits for HCl storage tanks in table 1 to this
subpart do not apply during periods of planned routine maintenance of
HCl storage tank control devices. Periods of planned routine
maintenance of each HCl storage tank control device, during which the
control device does not meet the emission limits specified in table 1
to this subpart, shall not exceed 240 hours per year.
5. Section 63.9015 is amended by revising paragraph (a) to read as
follows:
Sec. 63.9015 When must I conduct subsequent performance tests?
(a) You must conduct all applicable performance tests according to
the procedures in Sec. 63.9020 on the earlier of your title V
operating permit renewal or within 5 years of issuance of your title V
permit. For emission points meeting the outlet concentration limits in
table 1 to this subpart without the use of a control device, all
applicable performance tests must also be conducted whenever process
changes are made that could reasonably be expected to change the outlet
concentration. Examples of process changes include, but are not limited
to, changes in production capacity, production rate, feedstock type, or
catalyst type, or whenever there is replacement, removal, or addition
of recovery equipment. For purposes of this paragraph, process changes
do not include: process upsets and unintentional, temporary process
changes.
* * * * *
6. Section 63.9025 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 63.9025 What are my monitoring installation, operation, and
maintenance requirements?
(a) For each operating parameter that you are required by Sec.
63.9020(e) to monitor, you must install, operate, and maintain each CMS
according to the requirements in paragraphs (a)(1) through (6) of this
section.
* * * * *
7. Section 63.9045 is amended by:
a. Removing and reserving paragraph (e); and
b. Revising paragraph (f).
Sec. 63.9045 What notifications must I submit and when?
* * * * *
(f) You must submit the Notification of Compliance Status,
including the performance test results, within 240 calendar days after
the applicable compliance dates specified in Sec. 63.8995.
* * * * *
8. Section 63.9050 is amended by:
a. Revising the introductory text of paragraph (c); and
b. Adding paragraphs (c)(8) through (c)(10).
Sec. 63.9050 What reports must I submit and when?
* * * * *
(c) The compliance report must contain the following information in
paragraphs (c)(1) through (10) of this section.
* * * * *
(8) If you did not make revisions to your site-specific monitoring
plan and/or LDAR plant during the reporting period, a statement that
you did not make any revisions to your site-specific monitoring plan
and/or LDAR plan during the reporting period. If you made revisions to
your site-specific monitoring plan and/or LDAR plan during the
reporting period, a copy of the revised plan.
(9) If you meet the outlet concentration limit in table 1 to this
subpart without the use of a control device for any emission point,
verification that you have not made any process changes that could
reasonably be expected to change the outlet concentration since your
most recent performance test for that emission point.
(10) The information specified in paragraphs (c)(10)(i) and (ii) of
this section for those planned routine maintenance operations that
caused or may cause an HCl storage tank control device not to meet the
emission limits in table 1 to this subpart, as applicable.
(i) A description of the planned routine maintenance that was
performed for each HCl storage tank control device during the reporting
period. This description shall include the type of maintenance
performed and the total number of hours during the reporting period
that the HCl storage tank control device did not meet the emission
limits in table 1 to this subpart, as applicable, due to planned
routine maintenance.
(ii) A description of the planned routine maintenance that is
anticipated to be performed for each HCl storage tank control device
during the next reporting period. This description shall include the
type of maintenance necessary, planned frequency of maintenance, and
lengths of maintenance periods.
* * * * *
9. Section 63.9055 is amended by adding paragraph (b)(6) to read as
follows:
Sec. 63.9055 What records must I keep?
* * * * *
(b) * * *
(6) Records of the planned routine maintenance performed on each
HCl storage tank control device including the duration of each time the
control device does not meet the emission limits in table 1 to this
subpart, as applicable, due to planned routine maintenance. Such a
record shall include the information specified in paragraphs (b)(6)(i)
and (ii) of this section.
(i) The first time of day and date the emission limits in table 1
to this subpart, as applicable, were not met at the beginning of the
planned routine maintenance, and
(ii) The first time of day and date the emission limits in table 1
to this subpart, as applicable, were met at the conclusion of the
planned routine maintenance.
10. Section 63.9075 is amended by revising the definitions of
``Equipment in HCl service'' and ``HCl production facility'' to read as
follows:
Sec. 63.9075 What definitions apply to this subpart?
* * * * *
Equipment in HCl service means each pump, compressor, agitator,
pressure relief device, sampling connection system, open-ended valve or
line, valve, connector, and instrumentation system in an HCl production
facility that contains 30 weight percent or greater of
[[Page 49537]]
liquid HCl or 5 weight percent or greater of gaseous HCl at any time.
* * * * *
HCl production facility is defined in Sec. 63.8985(a)(1).
* * * * *
11. Table 1 in subpart NNNNN is revised to read as follows:
As stated in Sec. 63.9000(a), you must comply with the following
emission limits and work practice standards for each emission stream
that is part of an affected source:
Table 1 to Subpart NNNNN of Part 63.--Emission Limits and Work Practice
Standards
------------------------------------------------------------------------
You must meet the following emission
For each . . . limit and work practice standard . . .
------------------------------------------------------------------------
1. Emission stream from an a. Reduce HCl emissions by 99 percent or
HCl process vent at an greater or achieve an outlet
existing source. concentration of 20 ppm by volume or
less; and
b. Reduce Cl2 emissions by 99 percent or
greater or achieve an outlet
concentration of 100 ppm by volume or
less.
2. Emission stream from an Reduce HCl emissions by 99 percent or
HCl storage tank at an greater or achieve an outlet
existing source. concentration of 120 ppm by volume or
less.
3. Emission stream from an Reduce HCl emissions by 99 percent or
HCl transfer operation at an greater or achieve an outlet
existing source. concentration of 120 ppm by volume or
less.
4. Emission stream from a. Prepare and operate at all times
leaking equipment in HCl according to an equipment LDAR plan that
service at existing and new describes in detail the measures that
sources. will be put in place to detect leaks and
repair them in a timely fashion; and
b. Submit the plan to the Administrator
for comment only with your Notification
of Compliance Status; and
c. You may incorporate by reference in
such plan existing manuals that describe
the measures in place to control leaking
equipment emissions required as part of
other federally enforceable
requirements, provided that all manuals
that are incorporated by reference are
submitted to the Administrator.
5. Emission stream from an a. Reduce HCl emissions by 99.4 percent
HCl process vent at a new or greater or achieve an outlet
source. concentration of 12 ppm by volume or
less; and
b. Reduce Cl2 emissions by 99.8 percent
or greater or achieve an outlet
concentration of 20 ppm by volume or
less.
6. Emission stream from an Reduce HCl emissions by 99.9 percent or
HCl storage tank at a new greater or achieve an outlet
source. concentration of 12 ppm by volume or
less.
7. Emission stream from an Reduce HCl emissions by 99 percent or
HCl transfer operation at a greater or achieve an outlet
new source. concentration of 120 ppm by volume or
less.
------------------------------------------------------------------------
12. Table 3 in subpart NNNNN is revised to read as follows:
As stated in Sec. 63.9020, you must comply with the following
requirements for performance tests for HCl production for each affected
source:
Table 3 to Subpart NNNNN of Part 63.--Performance Test Requirements for
HCl Production Affected Sources
------------------------------------------------------------------------
For each HCl process vent and
each HCl storage tank and HCl
transfer operation for which Additional
you are conducting a Using . . . Information . . .
performance test, you must . .
.
------------------------------------------------------------------------
1. Select sampling port a. Method 1 or 1A i. If complying with
location(s) and the number of appendix A to 40 a percent reduction
traverse points. CFR part 60 of emission limitation,
this chapter. sampling sites must
be located at the
inlet and outlet of
the control device
prior to any
releases to the
atmosphere (or, if a
series of control
devices are used, at
the inlet of the
first control device
and at the outlet of
the final control
device prior to any
releases to the
atmosphere); or
ii. If complying with
an outlet
concentration
emission limitation,
the sampling site
must be located at
the outlet of the
final control device
and prior to any
releases to the
atmosphere or, if no
control device is
used, prior to any
releases to the
atmosphere.
2. Determine velocity and Method 2, 2A, 2C,
volumetric flow rate. 2D, 2F, or 2G in
appendix A to 40
CFR part 60 of
this chapter.
3. Determine gas molecular a. Not applicable i. Assume a molecular
weight. weight of 29 (after
moisture correction)
for calculation
purposes.
4. Measure moisture content of Method 4 in
the stack gas. appendix A to 40
CFR part 60 of
this chapter.
5. Measure HCl concentration a. Method 26A in i. An owner or
and Cl2 concentration from Appendix A to 40 operator may be
HCl process vents. CFR part 60 of exempted from
this chapter. measuring the Cl2
concentration from
an HCl process vent
provided that a
demonstration that
Cl2 is not likely to
be present in the
stream is submitted
as part of the site-
specific test plan
required by Sec.
63.9020(a)(2). This
demonstration may be
based on process
knowledge,
engineering
judgment, or
previous test
results.
[[Page 49538]]
6. Establish operating limits
with which you will
demonstrate continuous
compliance with the emission
limits in Table 1 to this
subpart, in accordance with
Sec. 63.9020(e)(1) or (2).
------------------------------------------------------------------------
13. Table 5 in subpart NNNNN is revised to read as follows:
As stated in Sec. 63.9040, you must comply with the following
requirements to demonstrate continuous compliance with the applicable
emission limitations for each affected source and each work practice
standard:
Table 5 to Subpart NNNNN of Part 63.--Continuous Compliance With
Emission Limitations and Work Practice Standards
------------------------------------------------------------------------
For the following
emission
limitation and You must demonstrate
For each . . . work practice continuous compliance
standard . . . by . . .
------------------------------------------------------------------------
1. Affected source using a a. In Tables 1 i. Collecting the
caustic scrubber or water and 2 to this scrubber inlet
scrubber/absorber. subpart. liquid or
recirculating liquid
flow rate, as
appropriate, and
effluent pH
monitoring data
according to Sec.
63.9025, consistent
with your monitoring
plan; and
ii. Reducing the data
to 1-hour and daily
block averages
according to the
requirements in Sec.
63.9025; and
iii. Maintaining the
daily average
scrubber inlet
liquid or
recirculating liquid
flow rate, as
appropriate, above
the operating limit;
and
iv. Maintaining the
daily average
scrubber effluent pH
within the operating
limits.
2. Affected source using any a. In Tables 1 i. Conducting
other control device. and 2 to this monitoring according
subpart. to your monitoring
plan established
under Sec. 63.8(f)
in accordance with
Sec. 63.9025(c);
and
ii. Collecting the
parameter data
according to your
monitoring plan
established under
Sec. 63.8(f); and
iii. Reducing the
data to 1-hour and
daily block averages
according to the
requirements in Sec.
63.9025; and
iv. Maintaining the
daily average
parameter values
within the operating
limits established
according to your
monitoring plan
established under
Sec. 63.8(f).
3. Affected source using no a. In Tables 1 i. Verifying that you
control device. and 2 to this have not made any
subpart. process changes that
could reasonably be
expected to change
the outlet
concentration since
your most recent
performance test for
an emission point.
4. Leaking equipment affected a. In Table 1 to i. Verifying that you
source. this subpart. continue to use a
LDAR plan; and
ii. Reporting any
instances where you
deviated from the
plan and the
corrective actions
taken.
------------------------------------------------------------------------
14. Table 7 in subpart NNNNN is revised to read as follows:
As stated in Sec. 63.9065, you must comply with the applicable
General Provisions requirements according to the following:
Table 7 to Subpart NNNNN of Part 63.--Applicability of General Provisions to Subpart NNNNN
----------------------------------------------------------------------------------------------------------------
Applies to Subpart
Citation Requirement NNNNN Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1........................ Initial applicability Yes...................
determination;
applicability after
standard established;
permit requirements;
extensions; notifications.
Sec. 63.2........................ Definitions................ Yes................... Additional definitions
are found in Sec.
63.9075.
Sec. 63.3........................ Units and abbreviations.... Yes...................
Sec. 63.4........................ Prohibited activities; Yes...................
compliance date;
circumvention,
severability.
Sec. 63.5........................ Construction/reconstruction Yes...................
applicability;
applications; approvals.
Sec. 63.6(a)..................... Compliance with standards Yes...................
and maintenance
requirements--applicabilit
y.
[[Page 49539]]
Sec. 63.6(b)(1)-(4).............. Compliance dates for new or Yes................... Sec. 63.8995
reconstructed sources. specifies compliance
dates.
Sec. 63.6(b)(5).................. Notification if commenced Yes...................
construction or
reconstruction after
proposal.
Sec. 63.6(b)(6).................. [Reserved]................. Yes...................
Sec. 63.6(b)(7).................. Compliance dates for new or Yes................... Sec. 63.8995
reconstructed area sources specifies compliance
that become major. dates.
Sec. 63.6(c)(1)-(2).............. Compliance dates for Yes................... Sec. 63.8995
existing sources. specifies compliance
dates.
Sec. 63.6(c)(3)-(4).............. [Reserved]................. Yes...................
Sec. 63.6(c)(5).................. Compliance dates for Yes................... Sec. 63.8995
existing area sources that specifies compliance
become major. dates.
Sec. 63.6(d)..................... [Reserved]................. Yes...................
Sec. 63.6(e)(1)-(2).............. Operation and maintenance Yes...................
requirements.
Sec. 63.6(e)(3).................. SSM plans.................. Yes...................
Sec. 63.6(f)(1).................. Compliance except during Yes...................
SSM.
Sec. 63.6(f)(2)-(3).............. Methods for determining Yes...................
compliance.
Sec. 63.6(g)..................... Use of an alternative non- Yes...................
opacity emission standard.
Sec. 63.6(h)..................... Compliance with opacity/ No.................... Subpart NNNNN does not
visible emission standards. specify opacity or
visible emission
standards.
Sec. 63.6(i)..................... Extension of compliance Yes...................
with emission standards.
Sec. 63.6(j)..................... Presidential compliance Yes...................
exemption.
Sec. 63.7(a)(1)-(2).............. Performance test dates..... Yes................... Except for existing
affected sources as
specified in Sec.
63.9010(b).
Sec. 63.7(a)(3).................. Administrator's Clean Air Yes...................
Act section 114 authority
to require a performance
test.
Sec. 63.7(b)..................... Notification of performance Yes...................
test and rescheduling.
Sec. 63.7(c)..................... Quality assurance program Yes...................
and site-specific test
plans.
Sec. 63.7(d)..................... Performance testing Yes...................
facilities.
Sec. 63.7(e)(1).................. Conditions for conducting Yes...................
performance tests.
Sec. 63.7(f)..................... Use of an alternative test Yes...................
method.
Sec. 63.7(g)..................... Performance test data Yes...................
analysis, recordkeeping
and reporting.
Sec. 63.7(h)..................... Waiver of performance tests Yes...................
Sec. 63.8(a)(1)-(3).............. Applicability of monitoring Yes................... Additional monitoring
requirements. requirements are
found in Sec.
63.9005(d) and
63.9035.
Sec. 63.8(a)(4).................. Monitoring with flares..... No.................... Subpart NNNNN does not
refer directly or
indirectly to Sec.
63.11.
Sec. 63.8(b)..................... Conduct of monitoring and Yes...................
procedures when there are
multiple effluents and
multiple monitoring
systems.
Sec. 63.8(c)(1)-(3).............. Continuous monitoring Yes................... Applies as modified by
system O&M. Sec. 63.9005(d).
Sec. 63.8(c)(4).................. Continuous monitoring Yes................... Applies as modified by
system requirements during Sec. 63.9005(d).
breakdown, out-of-control,
repair, maintenance, and
high-level calibration
drifts.
Sec. 63.8(c)(5).................. Continuous opacity No.................... Subpart NNNNN does not
monitoring system (COMS) have opacity or
minimum procedures. visible emission
standards.
Sec. 63.8(c)(6).................. Zero and high level Yes................... Applies as modified by
calibration checks. Sec. 63.9005(d).
Sec. 63.8(c)(7)-(8).............. Out-of-control periods, Yes...................
including reporting.
Sec. 63.8(d)-(e)................. Quality control program and No.................... Applies as modified by
CMS performance evaluation. Sec. 63.9005(d).
Sec. 63.8(f)(1)-(5).............. Use of an alternative Yes...................
monitoring method.
Sec. 63.8(f)(6).................. Alternative to relative No.................... Only applies to
accuracy test. sources that use
continuous emissions
monitoring systems
(CEMS).
Sec. 63.8(g)..................... Data reduction............. Yes................... Applies as modified by
Sec. 63.9005(d).
Sec. 63.9(a)..................... Notification requirements-- Yes...................
applicability.
Sec. 63.9(b)..................... Initial notifications...... Yes................... Except Sec.
63.9045(c) requires
new or reconstructed
affected sources to
submit the
application for
construction or
reconstruction
required by Sec.
63.9(b)(1) (iii) in
lieu of the initial
notification.
[[Page 49540]]
Sec. 63.9(c)..................... Request for compliance Yes...................
extension.
Sec. 63.9(d)..................... Notification that a new Yes...................
source is subject to
special compliance
requirements.
Sec. 63.9(e)..................... Notification of performance Yes...................
test.
Sec. 63.9(f)..................... Notification of visible No.................... Subpart NNNNN does not
emissions/opacity test. have opacity or
visible emission
standards.
Sec. 63.9(g)(1).................. Additional CMS Yes...................
notifications--date of CMS
performance evaluation.
Sec. 63.9(g)(2).................. Use of COMS data........... No.................... Subpart NNNNN does not
require the use of
COMS.
Sec. 63.9(g)(3).................. Alternative to relative No.................... Applies only to
accuracy testing. sources with CEMS.
Sec. 63.9(h)..................... Notification of compliance Yes................... Except the submission
status. date specified in
Sec. 63.9(h)(2)(ii)
is superseded by the
date specified in
Sec. 63.9045(f).
Sec. 63.9(i)..................... Adjustment of submittal Yes...................
deadlines.
Sec. 63.9(j)..................... Change in previous Yes...................
information.
Sec. 63.10(a).................... Recordkeeping/reporting Yes...................
applicability.
Sec. 63.10(b)(1)................. General recordkeeping Yes................... Sec. Sec. 63.9055
requirements. and 63.9060 specify
additional
recordkeeping
requirements.
Sec. 63.10(b)(2)(i)-(xi)......... Records related to SSM Yes...................
periods and CMS.
Sec. 63.10(b)(2)(xii)............ Records when under waiver.. Yes...................
Sec. 63.10(b)(2)(xiii)........... Records when using No.................... Applies only to
alternative to relative sources with CEMS.
accuracy test.
Sec. 63.10(b)(2)(xiv)............ All documentation Yes...................
supporting initial
notification and
notification of compliance
status.
Sec. 63.10(b)(3)................. Recordkeeping requirements Yes...................
for applicability
determinations.
Sec. 63.10(c).................... Additional recordkeeping Yes................... Applies as modified by
requirements for sources Sec. 63.9005(d).
with CMS.
Sec. 63.10(d)(1)................. General reporting Yes................... Sec. 63.9050
requirements. specifies additional
reporting
requirements.
Sec. 63.10(d)(2)................. Performance test results... Yes................... Sec. 63.9045(f)
specifies submission
date.
Sec. 63.10(d)(3)................. Opacity or visible No.................... Subpart NNNNN does not
emissions observations. specify opacity or
visible emission
standards.
Sec. 63.10(d)(4)................. Progress reports for Yes...................
sources with compliance
extensions.
Sec. 63.10(d)(5)................. SSM reports................ Yes...................
Sec. 63.10(e)(1)................. Additional CMS reports-- Yes................... Applies as modified by
general. Sec. 63.9005(d).
Sec. 63.10(e)(2)(i).............. Results of CMS performance Yes................... Applies as modified by
evaluations. Sec. 63.9005(d).
Sec. 63.10(e)(2)(ii)............. Results of COMS performance No.................... Subpart NNNNN does not
evaluations. require the use of
COMS.
Sec. 63.10(e)(3)................. Excess emissions/CMS Yes...................
performance reports.
Sec. 63.10(e)(4)................. Continuous opacity No.................... Subpart NNNNN does not
monitoring system data require the use of
reports. COMS.
Sec. 63.10(f).................... Recordkeeping/reporting Yes...................
waiver.
Sec. 63.11....................... Control device No.................... Facilities subject to
requirements--applicabilit subpart NNNNN do not
y. use flares as control
devices.
Sec. 63.12....................... State authority and Yes................... Sec. 63.9070 lists
delegations. those sections of
subparts NNNNN and A
that are not
delegated.
Sec. 63.13....................... Addresses.................. Yes...................
Sec. 63.14....................... Incorporation by reference. Yes................... Subpart NNNNN does not
incorporate any
material by
reference.
Sec. 63.15....................... Availability of information/ Yes...................
confidentiality.
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[[Page 49541]]
[FR Doc. 05-16813 Filed 8-23-05; 8:45 am]
BILLING CODE 6560-50-P