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***GE Plastics***

***Alphonse McMahon** Legal Operation*

*Risk Management Counsel General Electric Company*

*One Lexan Lane*

*Mount Vernon, IN 47620*

*812 831-4688; Dial Comm: 8\*393-4688*

*Fx: 812-831-7294; Fx Dial Comm: 8\*393-7294*

*E-Mail: al.mcmahon@ge.com*

September 12, 2005

[Via Agency Web Site: http://www.epa.gov/edocket]{.underline}

U.S. Environmental Protection Agency

EPA West (AIR Docket)

1200 Pennsylvania Ave., NW

Room B108, Mail Code 6102T

Washington, DC 20460

RE: Comments on the Proposed Amendments to the National Emission
Standards for Hazardous Air Pollutants: General Provisions

Docket ID No. OAR-2004-0094

Administrator Johnson:

The General Electric Company ("GE") is pleased to submit the following
comments on EPA's proposed revisions to the General Provisions for Clean
Air Act Section 112. 70 *Fed. Reg.* 43992 (July 29, 2005).

GE is a large and diversified manufacturing and services company with a
number of facilities that are affected by this rulemaking. GE is
involved in the manufacture of a wide array of consumer and industrial
goods, from aircraft engines, lighting products, and efficient electric
generation, distribution and control systems, to appliances,
locomotives, medical equipment, and high-grade engineering resins.

GE is generally supportive of EPA's proposed changes to the rules. Our
comments below request some changes for both the General Provisions and
for some particular National Emissions Standards for Hazardous Air
Pollutants (NESHAPs) that were apparently overlooked in drafting this
proposal, and we request that these changes be included in the final
rule.

**[§63.1108(b)(2)(i)]{.underline}**

The Generic MACT (Subpart YY) contains its own SSM provisions at
§63.1111. Subpart YY does not incorporate §63.6. *See* §63.1100(b).
Thus, EPA's proposal to change the reference in §63.1108(b)(2)(i) from
§63.1111 to §63.6(e) is inappropriate. The reference to the applicable
SSM provision should remain §63.1111. Accordingly, GE requests that
EPA's proposed change [not]{.underline} be implemented.

**[§63.1111(a)(2)]{.underline}**

The analog in Subpart YY to Subpart A's SSM provisions is §63.1111. As
noted above, Subpart YY does not incorporate §63.6. Thus, the text in
§63.6(e)(1)(i) concerning what the general duty to minimize emissions
does not require (added to the General Provisions ("GP") in the May 30,
2003 amendments) is not a part of Subpart YY. However, it would be
appropriate to include this language in §63.1111. Accordingly, GE
requests that this language be added to §63.1111(a)(2) as follows \[new
language underlined, deleted language struck-through\]:

> \(a\) *Startup, shutdown, and malfunction plan.*
>
> \(1\) *\*\*\**
>
> \(2\) *Operation of source.* During periods of startup, shutdown, and
> malfunction, the owner or operator of an affected source subject to
> this subpart shall operate and maintain such affected source
> (including associated air pollution control equipment and CPMS) in a
> manner consistent with safety and good air pollution control practices
> for minimizing emissions to the extent practical. [The general duty to
> minimize emissions during a period of startup, shutdown, or
> malfunction does not require the owner or operator to achieve emission
> levels that would be required by the applicable standard at other
> times if this is not consistent with safety and good air pollution
> control practices, nor does it require the owner or operator to make
> any further efforts to reduce emissions if levels required by the
> applicable standard have been achieved. Determination of whether such
> operation and maintenance procedures are being used will be based on
> information available to the Administrator which may include, but is
> not limited to, monitoring results, review of operation and
> maintenance procedures (including the startup, shutdown, and
> malfunction plan required in paragraph (a)(1) of this section), review
> of operation and maintenance records, and inspection of the
> source.]{.underline}

**[§63.102(a)(4)]{.underline}**

The Hazardous Organic NESHAP (HON) does not incorporate §63.6(e)(1)(i),
the provision noted above that addresses what the general duty to
minimize emissions does not require (added in the May 30, 2003
amendments). For the same reasons that GE requested that portions of the
these amendments of §63.6(e)(1)(i) be added to the Generic MACT, GE also
requests that these provisions be added to §63.102(a)(4) of the HON
(Subpart F) as follows \[new language underlined, deleted language
struck-through\]:

> \(a\) Owners and operators of sources subject to this subpart shall
> comply with the requirements of subparts G and H of this part.
>
> \(1\) \*\*\*
>
> \(2\) \*\*\*
>
> \(3\) \*\*\*
>
> \(4\) During start-ups, shutdowns, and malfunctions when the
> requirements of this subpart F, subparts G and/or H of this part do
> not apply pursuant to paragraphs (a)(1) through (a)(3) of this
> section, the owner or operator shall implement, to the extent
> reasonably available, measures to prevent or minimize excess emissions
> to the extent practical. [The general duty to minimize emissions
> during a period of startup, shutdown, or malfunction does not require
> the owner or operator to achieve emission levels that would be
> required by the applicable standard at other times if this is not
> consistent with safety and good air pollution control practices, nor
> does it require the owner or operator to make any further efforts to
> reduce emissions if levels required by the applicable standard have
> been achieved. Determination of whether such measures are being used
> will be based on information available to the Administrator which may
> include, but is not limited to, monitoring results, review of
> operation and maintenance procedures (including the startup, shutdown,
> and malfunction plan required in §63.6(e)(3)(i)), review of operation
> and maintenance records, and inspection of the source.]{.underline}
> ~~For purposes of this paragraph, the term "excess emissions" means
> emissions in excess of those that would have occurred if there were no
> start-up, shutdown, or malfunction and the owner or operator complied
> with the relevant provisions of this subpart F, subparts G and/or H of
> this part.~~ The measures to be taken shall be identified in the
> applicable start-up, shutdown, and malfunction plan, and may include,
> but are not limited to, air pollution control technologies, recovery
> technologies, work practices, pollution prevention, monitoring, and/or
> changes in the manner of operation of the source. Back-up control
> devices are not required, but may be used if available.

**[§§63.5555(d), .6140(c), .7935(f), .8248(b)(1), .8470(e), .8620(e),
.9810(e)(2)]{.underline}**

Many of the Part 63 provisions proposed for amendment in the July 29
NPRM discuss when a deviation is not a violation. Most of these
provisions use the same language -- operate "in accordance with
§63.6(e)". *See* §§63.1258(b)(8)(iv), 63.1366(b)(8)(iv), 63.1413(h)(5),
63.1416(h)(2)(iv), 63.1439(h)(2)(iv)(A), 63.1453(c)(1)(ii),
63.1547(g)(2), 63.1570(g), 63.1656(e)(2)(ii), 63.2271(b)(2), 63.3163(h),
63.3542(h), 63.3552(g), 63.4163(h), 63.4342(h), 63.4352(h), 63.4763(h),
63.5900(e), 63.6640(d), 63.7121(d), 63.7336(b), 63.7540(d),
63.7746(b)(1), 63.7835(b)(1), 63.8691(d), 63.8812(d), 63.9040(e),
63.9340(c)(1), 63.9530(e), 63.9637(b)(1), and 63.9925(b)(1).

However, several provisions employ different language for no apparent
reason:

> -- operate "according to the provisions in §63.6(e)". *See*
> §63.5555(d).
>
> -- operate "according to the requirements of §63.6(e)". *See*
> §§63.8248(b)(1), 63.8470(e), and 63.8620(e).
>
> -- operate "according to §63.6(e)". *See* §§63.7935(f) and
> 63.9810(e)(2).

-- operate "in full conformity with the general duty to minimize
emissions established by §63.6(e)(1)(i)". *See* §63.6140(c).

GE believes that consistency among all of these provisions would reduce
ambiguity, so GE requests that four different uses in the seven
enumerated sections noted immediately above be revised to read as the
majority of the provisions do, i.e., operate "in accordance with
§63.6(e)".

## Subpart GGGGG

The proposed amendments to subpart GGGGG (Site Remediation MACT) in the
July 29 NPRM on page 44007 do not propose to delete language that is
proposed for deletion in other MACT standards. In Table 3 of subpart
GGGGG, at the line item for §63.8(c)(1)(i) ("Routine and Predictable
SSM"), the first sentence of the "Brief Description" describes the
requirement as "Follow the SSM plan for routine repairs." Similar
sentences in other subparts were proposed in the July 29 NPRM to be
deleted. *See, e.g.,* Table 12 to subpart EEEE; Table 10 to subpart
UUUU; and, Table 10 to subpart DDDDD. Accordingly, the first sentence of
the line item for §63.8(c)(1)(i) ("Routine and Predictable SSM") in
Table 3 of subpart GGGGG should be deleted.

Please contact me if you have any questions.

Respectfully,

Alphonse McMahon

Risk Management Counsel

GE Plastics

One Lexan Lane

Mount Vernon, IN 47620

\(812\) 831-4688

al.mcmahon@ge.com