[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Proposed Rules]
[Pages 29528-29607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9838]



[[Page 29527]]

Vol. 76

Friday,

No. 98

May 20, 2011

Part III





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Polyvinyl 
Chloride and Copolymers Production; Proposed Rule

Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Proposed 
Rules

[[Page 29528]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0037; FRL-9298-7]
RIN 2060-AN33


National Emission Standards for Hazardous Air Pollutants for 
Polyvinyl Chloride and Copolymers Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing National Emission Standards for Hazardous Air 
Pollutants for Polyvinyl Chloride and Copolymers Production. The 
proposed rule would establish emission standards for hazardous air 
pollutants from polyvinyl chloride and copolymers production located at 
major and area sources. The proposed rule includes requirements to 
demonstrate initial and continuous compliance with the proposed 
emission standards. EPA is proposing standards that would apply at all 
times, including during periods of startup, shutdown, and malfunctions. 
The proposed standards also include continuous monitoring provisions 
and recordkeeping and reporting requirements.

DATES: Comments. Comments must be received on or before July 19, 2011. 
Under the Paperwork Reduction Act, comments on the information 
collection provisions are best assured of having full effect if the 
Office of Management and Budget (OMB) receives a copy of your comments 
on or before June 20, 2011.
    Public Hearing. We \1\ will hold two public hearings concerning the 
proposed polyvinyl chloride and copolymers (PVC) production rules in 
the Houston, Texas area, and in Baton Rouge, Louisiana. Persons 
interested in presenting oral testimony at either public hearing should 
contact Ms. Teresa Clemons at (919) 541-0252 or at 
<a href="/cdn-cgi/l/email-protection#bfdcd3dad2d0d1cc91cbdacddaccdeffdacfde91d8d0c9"><span class="__cf_email__" data-cfemail="6b08070e06040518451f0e190e180a2b0e1b0a450c041d">[email protected]</span></a> by May 31, 2011. If no one requests to speak at 
the public hearings by May 31, 2011, then the public hearings will be 
cancelled without further notice. We will specify the date and time of 
the public hearings on http://www.epa.gov/ttn/atw/pvc/pvcpg.html.
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    \1\ Throughout this preamble, ``we'' refers to EPA.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0037 by one of the following methods:
    <bullet> http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    <bullet> http://www.epa.gov/oar/docket.html. Follow the 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#c8a9e5a9a6ace5bae58ca7aba3adbc88adb8a9e6afa7be"><span class="__cf_email__" data-cfemail="b5d498d4dbd198c798f1dad6ded0c1f5d0c5d49bd2dac3">[email protected]</span></a>. Attn: Docket ID No. EPA-
HQ-OAR-2002-0037.
    <bullet> Fax: (202) 566-9744. Attn: Docket ID No. EPA-HQ-OAR-2002-
0037.
    <bullet> Mail: By U.S. Postal Service, send your comments to: EPA 
Docket Center, EPA West Building (Air Docket), U.S. Environmental 
Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, Attn: Docket ID No. EPA-HQ-OAR-2002-0037. Please 
include a total of two copies. In addition, please mail a copy of your 
comments on the information collection provisions to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.
    <bullet> Hand Delivery: By courier, deliver your comments to: U.S. 
Environmental Protection Agency, EPA Docket Center, EPA West Building 
(Air Docket), Room 3334, 1301 Constitution Ave., NW., Washington, DC 
20004, Attn: Docket ID No. EPA-HQ-OAR-2002-0037. Such deliveries are 
only accepted during the normal hours of operation (8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays), and special 
arrangements should be made for deliveries of boxed information.
    Instructions: All submissions must include agency name and docket 
number or Regulatory Information Number (RIN) for this rulemaking. 
Direct your comments to Docket ID No. EPA-HQ-OAR-2002-0037. EPA's 
policy is that all comments received will be included in the public 
docket and may be made available online at http://www.regulations.gov, 
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 http://www.regulations.gov or E-mail. The http://www.regulations.gov Web site is an ``anonymous access'' system, 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 http://www.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 the EPA Docket Center 
homepage at http://www.regulations.gov.
    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-HQ-OAR-2002-0037. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy form. Publicly available docket materials are available 
either electronically at http://www.regulations.gov, or in hard copy at 
the EPA Docket Center, EPA West Building (Air Docket), Room 3334, 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 EPA Docket Center is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Jodi Howard, Sector Policies and 
Programs Division (E143-01), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; Telephone number: (919) 541-4607; Fax 
number: (919) 541-0246; E-mail address: <a href="/cdn-cgi/l/email-protection#8be3e4fceaf9efa5e1e4efe2cbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="5c34332b3d2e3872363338351c392c3d723b332a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
    Acronyms and Abbreviations. Several acronyms and terms are used in 
this preamble. While this may not be an exhaustive list, to ease the 
reading of this preamble and for reference purposes, the following 
terms and acronyms are defined here:

CAA--Clean Air Act
CBI--confidential business information
CDD/CDF--chlorinated dibenzo-dioxins and furans
CDX--Central Data Exchange
CEMS--continuous emission monitoring system
CPMS--continuous parameter monitoring system
ERT--Emissions Reporting Tool

[[Page 29529]]

Fe--fraction emitted
GACT--generally available control technologies or management 
practices
HAP--hazardous air pollutants
HCl--hydrogen chloride
HON--Hazardous Organic NESHAP
ICR--information collection request
K--kurtosis
lbs/yr--pounds per year
l/min--liters per minute
MACT--maximum achievable control technology
NESHAP--national emission standards for hazardous air pollutants
ng/dscm--nanograms per dry standard cubic meter
NTTAA--National Technology Transfer and Advancement Act
OP--Office of Policy
ppbv--parts per billion by volume
ppbw--parts per billion by weight
ppmv--parts per million by volume
ppmw--parts per million by weight
PRD--pressure relief device
psia--pounds per square inch absolute
PVC--polyvinyl chloride and copolymers
PVCPU--PVC production process unit
RFA--Regulatory Flexibility Act
RIN--Regulatory Information Number
S--skewness
SEK--standard error of kurtosis
SES--standard error of skewness
TCEQ--Texas Commission on Environmental Quality
TEF--toxic equivalency factor
TEQ--toxic equivalent
THC--total hydrocarbons
TTN--Technology Transfer Network
UMRA--Unfunded Mandates Reform Act
UPL--upper prediction limit
VCM--vinyl chloride monomer
WWW--World Wide Web

    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. General Information
    A. Do these rules apply to me?
    B. What should I consider as I prepare my comments to EPA?
    C. Where can I get a copy of this document?
II. Background Information for these Proposed Rules
    A. What is the statutory authority for the proposed PVC rule?
    B. What is the history of the PVC Production source category?
    C. Summary of Related Court Decisions
    D. What are the emission sources at PVC production facilities?
    E. What HAP are emitted from PVC production facilities?
    F. How did we gather information for the proposed PVC rule?
III. Summary of the Proposed Rule
    A. What is the affected source for the proposed rule?
    B. What is the relationship between this proposed rule and the 
existing 40 CFR part 61 standards for PVCPU?
    C. How have we used subcategories in the proposed rule?
    D. What proposed emission limitations and work practice 
standards must I meet?
    E. When must I comply with the proposed standards?
    F. What are the initial and continuous compliance requirements?
    G. What are the performance testing requirements for batch 
process operations?
    H. What are the notification, recordkeeping, and reporting 
requirements?
    I. What are the electronic data submittal requirements?
    J. What revisions are proposed for the area source rule (40 CFR 
part 63, subpart DDDDDD)?
IV. Rationale for the Proposed PVC Rule for Major and Area Sources 
(40 CFR part 63, subpart HHHHHHH)
    A. How did EPA subcategorize PVC production?
    B. How did EPA select the emission points, format, and 
pollutants for the proposed rule?
    C. How did EPA determine the proposed emission standards for 
area sources?
    D. How did EPA determine the MACT floors for existing major 
sources?
    E. How did EPA determine the MACT floors for new major sources?
    F. How did EPA analyze beyond-the-floor options and determine 
MACT?
    G. How did EPA select the compliance and monitoring requirements 
for the proposed rule?
    H. How did EPA determine compliance times for the proposed rule?
    I. How did EPA determine the required records and reports for 
this proposed rule?
    J. What are the startup, shutdown, and malfunction provisions?
V. Impacts of the Proposed PVC Rule
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the non-air quality health, environmental, and 
energy impacts?
    D. What are the economic impacts of the proposed standards?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995 (UMRA)
    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 Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

    A redline version of the regulatory language that incorporates the 
changes in this proposed action to 40 CFR 63, subpart DDDDDD is 
available in the docket.

I. General Information

A. Do these rules apply to me?

    The proposed rules establish national emission standards for 
hazardous air pollutants (NESHAP) for PVC production.
    The regulated categories and entities potentially affected by the 
proposed PVC production standards include the following:

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                                                        Examples of
            Category              NAICS\1\ Code    potentially regulated
                                                         entities
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Polyvinyl chloride resins                325211   Facilities that
 manufacturing.                                    polymerize vinyl
                                                   chloride monomer to
                                                   produce polyvinyl
                                                   chloride and/or
                                                   copolymers products.
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\1\ 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 affected by this 
action. To determine whether your facility, company, business, 
organization, etc., would be affected by this proposed action, you 
should examine the applicability criteria in the proposed 40 CFR part 
63, subpart HHHHHHH (National Emission Standards for Hazardous Air 
Pollutants for Polyvinyl Chloride and Copolymers Production), and in 40 
CFR part 63, subpart DDDDDD (National Emission Standards for Hazardous 
Air Pollutants for Polyvinyl Chloride and Copolymers Production Area 
Sources).
    Your PVC production process unit (PVCPU) is not subject to this 
subpart if it is a research and development facility, as defined in 
section 112(c)(7) of the Clean Air Act (CAA). If you have any questions 
regarding the applicability of the proposed action to a particular 
entity, contact the person listed in the

[[Page 29530]]

preceding FOR FURTHER INFORMATION CONTACT section.

B. What should I consider as I prepare my comments to EPA?

    Submitting CBI. Do not submit information that you consider to be 
CBI electronically through http://www.regulations.gov or E-mail. Send 
or deliver information identified as CBI to only the following address: 
Ms. Jodi Howard, c/o OAQPS Document Control Officer (Room C404-02), 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attn: Docket ID No. EPA-HQ-OAR-2002-0037.
    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. If you submit a disk or CD-ROM that 
does not contain CBI, mark the outside of the disk or CD-ROM clearly 
that it does not contain CBI. Information marked as CBI will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult the person identified in the FOR FURTHER 
INFORMATION CONTACT section.

C. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available on the World Wide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the proposed action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

II. Background Information for These Proposed Rules

A. What is the statutory authority for the proposed PVC rule?

    Section 112(d) of the CAA requires us to establish NESHAP for 
source categories and subcategories of both major and area sources of 
hazardous air pollutants (HAP) that are listed for regulation under CAA 
section 112(c). A major source emits or has the potential to emit 10 
tons per year (tpy) or more of any single HAP or 25 tpy or more of any 
combination of HAP. An area source is a HAP-emitting stationary source 
that is not a major source.
    Section 112(d) of the CAA requires EPA to set emissions standards 
for HAP emitted by major stationary sources based on performance of the 
maximum achievable control technology (MACT). The MACT standards for 
existing sources must be at least as stringent as the average emissions 
limitation achieved by the best performing 12 percent of existing 
sources (for which the Administrator has emissions information) or the 
best performing five sources for source categories or subcategories 
with fewer than 30 sources (CAA section 112(d)(3)(A) and (B)). This 
minimum level of stringency is called the MACT floor. For new sources, 
MACT standards must be at least as stringent as the control level 
achieved in practice by the best controlled similar source (CAA section 
112(d)(3)). EPA also must consider more stringent ``beyond-the-floor'' 
control options. When considering beyond-the-floor options, EPA must 
consider not only the maximum degree of reduction in emissions of HAP, 
but must take into account costs, energy, and non-air quality health 
and environmental impacts when doing so.
    Section 112(k)(3)(B) of the CAA requires EPA to identify at least 
30 HAP which, as a result of emissions from area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy (Strategy), (64 FR 38715, July 19, 1999). Specifically, 
in the Strategy, EPA identified 30 HAP that pose the greatest potential 
health threat in urban areas, and these HAP are referred to as the ``30 
urban HAP.'' CAA section 112(c)(3) requires EPA to list sufficient 
categories or subcategories of area sources to ensure that area sources 
representing 90 percent of the emissions of the 30 urban HAP are 
subject to regulation. A primary goal of the Strategy is to achieve a 
75-percent reduction in cancer incidence attributable to HAP emitted 
from stationary sources.
    EPA can set MACT standards for area sources. Section 112(d)(2). 
Alternatively, under CAA section 112(d)(5), EPA can promulgate 
standards or requirements for area sources ``which provide for the use 
of generally available control technologies [``GACT''] or management 
practices by such sources to reduce emissions of hazardous air 
pollutants.'' Additional information on GACT is found in the Senate 
report on the legislation (Senate Report Number 101-228, December 20, 
1989), which describes GACT as:

    * * * methods, practices and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems. 
Consistent with the legislative history, we can consider costs and 
economic impacts in determining GACT.

Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. We also consider the standards 
applicable to major sources in the analogous source category to 
determine if the control technologies and management practices are 
transferable and generally available to area sources. In appropriate 
circumstances, we may also consider technologies and practices at area 
and major sources in similar categories to determine whether such 
technologies and practices could be considered generally available for 
the area source categories at issue. Finally, as noted above, in 
determining GACT for a particular area source category, we consider the 
costs and economic impacts of available control technologies and 
management practices on that category.
    Under CAA section 112(d)(6), we are required to ``review, and 
revise as necessary (taking into account developments in practices, 
processes, and control technologies), emission standards promulgated 
under this section no less often than every 8 years.''
    We are proposing revised standards for vinyl chloride emissions 
from area sources under the authority of CAA section 112(d)(6). We are 
also proposing standards for dioxin, hydrogen chloride (HCl), and total 
HAP under CAA section 112(d)(5).

B. What is the history of the PVC Production source category?

    On July 16, 1992, PVC Production was listed as a major source 
category for regulation pursuant to section 112(c) of the CAA (57 FR 
31576). A major source of HAP is a stationary source that has the 
potential to emit 10 tpy or more of any one HAP or 25 tpy or more of 
any combination of HAP.
    On June 26, 2002, PVC Production was listed as an area source 
category for regulation pursuant to sections 112(c)(3) and 
112(k)(3)(B)(ii) of the CAA (67 FR

[[Page 29531]]

43112). An area source is a stationary source of HAP that is not a 
major source.
    On July 10, 2002, EPA promulgated NESHAP for new and existing PVC 
production facilities that are major sources in 40 CFR part 63, subpart 
J (67 FR 45886, July 10, 2002) (referred to as the ``part 63 NESHAP''). 
In that rulemaking, EPA determined that compliance with the existing 
Vinyl Chloride NESHAP (40 CFR part 61, subpart F) (referred to as the 
``part 61 NESHAP'') reflected the application of MACT; thus, satisfying 
CAA section 112(d), with the exception of adding requirements for 
equipment leaks at new sources. In the part 61 NESHAP and the 
associated part 63 NESHAP, EPA regulated vinyl chloride emissions as a 
surrogate for all HAP emitted from PVC production. For equipment leaks, 
the part 63 NESHAP required that new sources comply with 40 CFR part 
63, subpart UU, National Emission Standards for Equipment Leaks--
Control Level 2 Standards.
    In Mossville Environmental Action Now v. EPA, 370 F.3d 1232 (DC 
Cir. 2004), the petitioners argued that EPA failed to set emission 
standards for all HAP emitted by PVC plants. EPA had set emission 
standards for vinyl chloride as a surrogate for the remaining HAP, 
because it was the predominant HAP used and emitted at PVC plants. The 
Court ruled that EPA did not adequately explain the basis for its 
decision to use vinyl chloride as a surrogate for other HAP. The Court 
``vacated and remanded [the rule in its entirety] to the Agency for it 
to reconsider or properly explain its methodology for regulating [HAP] 
emitted in PVC production other than vinyl chloride by use of a 
surrogate.'' 370 F.3d at 1243. This rule proposes NESHAP for PVC 
production major sources in response to the remand, and in accordance 
with section 112 of the CAA.
    On January 23, 2007 (72 FR 2930), EPA promulgated NESHAP for new 
and existing PVC production area sources in 40 CFR part 63, subpart 
DDDDDD. Subpart DDDDDD is based on GACT, and requires area sources to 
meet the requirements in the existing Vinyl Chloride NESHAP (part 61 
NESHAP). The part 61 NESHAP requirements address only vinyl chloride 
emissions. In this rulemaking, we are fulfilling our obligation under 
section 112(d)(6) of the CAA to review, and revise, as necessary, the 
PVC production area source standards. We are coordinating our review of 
the area source standards with the development of major source MACT 
standards in response to the Court remand.

C. Summary of Related Court Decisions

    In addition to Mossville Environmental Action Now v. EPA, 
summarized above, two other court decisions are relevant to this 
proposal. In March 2007, the District of Columbia Circuit Court issued 
an opinion (Sierra Club v. EPA, 479 F.3d 875 (DC Cir. 2007) (Brick 
MACT)) vacating and remanding CAA section 112(d) MACT standards for the 
Brick and Structural Clay Ceramics source categories. Some key holdings 
in that case were:
    <bullet> MACT floors for existing sources must reflect the average 
emission limitation achieved by the best performing 12 percent of 
existing sources, not levels EPA considers to be achievable by all 
sources (479 F.3d at 880-81);
    <bullet> EPA cannot set floors of ``no control.'' The Court 
reiterated its prior holdings, including National Lime Association v. 
EPA, 233 F.3d 625 (DC Cir. 2000), confirming that EPA must set floor 
standards for all HAP emitted by the major source, including those HAP 
that are not controlled by at-the-stack control devices (479 F.3d at 
883); and
    <bullet> EPA cannot ignore non-technology factors that reduce HAP 
emissions, including when determining which sources are best performers 
for purposes of ascertaining the MACT floor. Specifically, the Court 
held that ``EPA's decision to base floors exclusively on technology 
even though non-technology factors affect emissions violates the Act.'' 
(479 F.3d at 883).
    In addition, the fact that a specific level of performance is not 
being intentionally achieved by the source is not a legal basis for 
excluding the source's performance from consideration. Sierra Club v. 
EPA, 479 F.3d at 631-34; National Lime Association v. EPA, 233 F.3d at 
640.
    The Brick MACT decision also stated that EPA may account for 
variability in setting floors. However, the Court found that EPA erred 
in assessing variability, because it relied on data from the worst 
performers to estimate best performers' variability, and held that 
``EPA may not use emission levels of the worst performers to estimate 
variability of the best performers without a demonstrated relationship 
between the two'' (479 F.3d at 882).
    A second Court opinion of relevance to this proposal is Sierra Club 
v. EPA, 551 F.3d 1019 (DC Cir. 2008). In that case, the Court vacated 
portions of two provisions contained in the General Provisions (40 CFR 
part 63, subpart A). The regulations at issue were 40 CFR 63.6(f)(1) 
and 40 CFR 63.6(h)(1), which, when incorporated into CAA section 112(d) 
regulations for specific source categories, exempt sources from the 
requirement to comply with the otherwise applicable CAA section 112(d) 
emission standard during periods of startup, shutdown, and malfunction.

D. What are the emission sources at PVC production facilities?

    PVC production includes the manufacture of PVC resins. The resins 
are then used to make a large number of commercial and industrial 
products. Producing these resins involves batch reactors where vinyl 
chloride monomer (VCM), along with initiators and inhibitors, is 
polymerized as a homopolymer, or copolymerized with varying amounts of 
a co-monomer, such as vinyl acetate. At most facilities, the resulting 
resins are in a slurry form and are then stripped to recover the 
unreacted VCM. The stripped resin is then dried into powders or 
granules. PVC resins are then either shipped offsite, or used to make 
final products in equipment and unit operations that are not covered 
under this source category.
    PVC is not a HAP, but the manufacture of PVC resin requires VCM, 
which is a HAP, as a primary feedstock. Unreacted VCM and other organic 
HAP present in feedstocks or formed during the polymerization process 
may be present in process components. HAP may be released from an 
opening or leak in a process component; or the residual HAP (i.e., 
unreacted VCM, and other organic compounds) in the resin may be 
released to the atmosphere as a result of drying or handling dry resin. 
Stripping the polymerized resin to recover unreacted VCM reduces the 
air emissions of vinyl chloride and other HAP from the resin slurry by 
reducing the amount of HAP present. Gaseous vent streams containing 
vinyl chloride and other HAP that originates from process equipment 
prior to, and including the resin stripper, are sent to a VCM recovery 
process before being routed to one or more control devices, such as an 
absorber, or thermal oxidizer, followed by a halogenated compound 
scrubber. Combustion controls greatly reduce vinyl chloride and other 
HAP emissions, but may create other HAP, in particular, chlorinated 
dibenzo-dioxins and furans (CDD/CDF), and HCl.
    Emission sources in the PVC production process include process 
components prior to, and including, the resin stripper(s) (e.g., the 
reactor, resin stripper, reactor used as a stripper, storage and feed 
vessels for raw materials, additives, initiators, and

[[Page 29532]]

inhibitors); VCM recovery systems (e.g., condenser or other vapor 
separation devices, holding tanks, gas holders); and process components 
downstream of the resin stripper(s) (e.g., centrifuges, concentrators, 
blend tanks, filters, dryers, conveyor air discharges, bagging 
operations, resin handling and conveyance equipment), and final resin 
storage tanks or storage silos. Additional emission sources at PVC 
production facilities include leaking equipment (e.g., pumps, valves, 
compressors); wastewater collection and treatment systems; heat 
exchange system components (e.g., cooling towers, heat exchangers, 
pumps, and other equipment associated with the heat exchange system); 
and other emission sources, such as opening a reactor and other 
components for maintenance and cleaning.

E. What HAP are emitted from PVC production facilities?

    The HAP emitted from PVC production processes includes a wide 
variety of HAP. There are no metal HAP emitted from PVC production. In 
addition, combustion control devices emit HCl and CDD/CDF. Of the HAP 
emitted from PVC production processes, 1,3-butadiene, benzene, CDD/CDF, 
and vinyl chloride have been classified as known human carcinogens.\2\ 
Several other compounds that may be emitted from PVC production 
processes have been classified as probable carcinogens, such as 
acetaldehyde, bis (2-ethylhexyl) phthalate, chloroform, chloroprene, 
ethylene dichloride, ethylidene dichloride, formaldehyde, iso-octane, 
methylene chloride, vinyl bromide, and vinylidene chloride.\3\Hydrogen 
chloride, along with other non-carcinogenic HAP (e.g., methanol), are 
also emitted from PVC production processes.
---------------------------------------------------------------------------

    \2\ U.S. EPA, Integrated Risk Information System (IRIS). 
Available at http://www.epa.gov/IRIS/index.html.
---------------------------------------------------------------------------

F. How did we gather information for the proposed PVC rule?

    We gathered information on PVC production through review of 
previously collected information, current literature, data from the 
National Emissions Inventory, meetings and voluntary information 
submissions by industry and the industry trade association, and formal 
information collection pursuant to CAA section 114.
    There were two components to the information collection. First, we 
solicited information from eight PVC companies in the United States 
that manufacture PVC resin. The collection obtained available 
information on PVC production units at major and area sources (e.g., 
information on production processes, equipment, emission points, 
control techniques, operating practices, and emissions based on 
previous tests or calculations). Companies were also asked to provide 
data for other emission sources, including process component openings 
and cleanouts, handling of unstripped resin, filters, and gas holders. 
Second, we required the same companies to measure the HAP content in 
their PVC resins (both following stripping, but before drying, and 
after drying) and measure the HAP emissions at the inlet and outlet to 
their process vent control devices. The information collection is 
documented in the memorandum, Information Collection for the Polyvinyl 
Chloride and Copolymers (PVC) Production Source Category, and results 
of this information collection are available in the docket.

III. Summary of the Proposed Rule

    This section summarizes and provides our rationale for the 
requirements proposed in this action. In section III of this preamble, 
the term ``you'' refers to owners and operators of sources affected by 
the proposed rule.

A. What is the affected source for the proposed rule?

    The proposed rule applies to owners or operators of PVC PU located 
at, or that are part of, a major source or an area source as defined in 
40 CFR 63.2. The affected source for this subpart is each individual 
PVCPU. An existing affected source is a PVCPU that is not a new 
affected source, as defined in 40 CFR 63.11870 of the proposed rule. A 
new affected source is a PVCPU for which construction is commenced on 
or after May 20, 2011 at a major or area source. If components of an 
existing affected source are replaced such that the replacement meets 
the definition of reconstruction in 40 CFR 63.2 and the reconstruction 
commenced on or after May 20, 2011, then the existing source becomes a 
reconstructed source and is subject to the relevant standards for a new 
affected source. The reconstructed source must comply with the 
requirements for a new affected source upon initial startup of the 
reconstructed source, or by the effective date of publication of the 
final rule in the Federal Register, whichever is later.
    A PVCPU is defined as a collection of process components that is 
assembled and connected by hard-piping or duct work that processes raw 
materials to manufacture PVC resin. A PVCPU includes, but is not 
limited to, polymerization reactors; resin strippers; blend tanks; 
centrifuges; dryers; product separators; recovery devices; feed, 
intermediate, and product storage vessels; finished product loading 
operations; heat exchange systems; wastewater strippers; wastewater 
treatment systems; connected ducts and piping; and equipment in HAP 
service, including pumps, compressors, agitators, pressure relief 
devices (PRD), sampling connection systems, open-ended valves or lines, 
valves, and connectors.

B. What is the relationship between this proposed rule and the existing 
40 CFR part 61 standards for PVCPU?

    PVCPU are currently subject to requirements in the part 61 NESHAP. 
This proposed rule includes requirements that are at least as stringent 
as the requirements in this existing rule. We, therefore, propose that 
once facilities are in compliance with the final PVCPU MACT, the 
requirements of the part 61 NESHAP would no longer apply.

C. How have we used subcategories in the proposed rule?

    Most of the emissions sources subject to the proposed regulation 
have the same characteristics, and are addressed consistently, 
independent of process operations or products produced. We are 
proposing, however, three subcategories for our limits on the amount of 
HAP remaining in resins following polymerization and stripping (i.e., 
the stripped resin). These subcategories are based on the type of resin 
produced, and include: (1) Bulk resin, (2) dispersion resin, and (3) 
all other resin (e.g., suspension and solution resin).

D. What proposed emission limitations and work practice standards must 
I meet?

    The proposed rule would establish the same requirements for 
affected sources located at major and area sources. We explain in 
section IV.C below our rationale for the standards proposed for area 
sources.
1. Storage Vessels and Handling Operations
    Under 40 CFR 63.11910 and Table 4 of the proposed rule, if you own 
or operate a storage vessel at a new or existing affected source, we 
are proposing that material with a maximum true vapor pressure of the 
stored liquid greater than 11.1 pounds per square inch absolute (psia) 
be stored in pressure vessels with no emissions to the atmosphere. 
During those times when purging is required, or when the pressure 
vessel is being loaded, the

[[Page 29533]]

purged stream or the emission stream during loading would be required 
to be routed to a closed vent system and control device. The closed 
vent system and control device must meet the requirements specified in 
40 CFR 63.11925 of the proposed rule. You would also be required to 
equip all openings in the pressure vessel with closure devices that are 
designed to operate with no detectable emissions, as determined using 
procedures specified in 40 CFR 63.11910(a)(3) of the proposed rule.
    For storage vessels with a capacity greater than or equal to 40,000 
gallons, storing material with a maximum true vapor pressure greater 
than or equal to 0.75 psia, or storage vessels with a capacity greater 
than or equal to 20,000 gallons (but less than 40,000 gallons), storing 
materials with a maximum true vapor pressure greater than or equal to 4 
psia, we are proposing two equivalent compliance options. We are 
proposing that material be stored in either: (1) A floating roof tank 
meeting the operating, inspection, and maintenance requirements of 40 
CFR part 63, subpart WW, or (2) a fixed roof storage vessel that routes 
vent streams to a closed vent system and control device (meeting the 
requirements of 40 CFR 63.11925 of the proposed rule) capable of 
reducing inlet volatile organic compound (VOC) emissions by 95 or 
greater.
    We are proposing that all other storage vessels meet the operating, 
inspection, and maintenance requirements for fixed roof vessels of 40 
CFR 63.11910(a) of the proposed rule, or comply with either the 
controlled fixed roof or floating roof requirements discussed 
previously. 40 CFR 63.11910(a)(1)(ii) and 40 CFR 63.11910(a)(3)(i) of 
the proposed rule include requirements to equip each opening in the 
roof with a closure device, and to perform initial and annual 
inspections, and repair any defects found within the specified time 
period. Defects include, but are not limited to, visible cracks, holes, 
gaps, or other open spaces in the closure device or between the 
perimeter of the opening and the closure device; broken, cracked, or 
otherwise damaged seals or gaskets on closure devices; and broken or 
missing hatches, access covers, caps, or other closure devices.
    We are not proposing requirements for handling operations 
(unloading and transfer) for reasons explained in section IV.D of this 
preamble.
2. Equipment Leaks
    In 40 CFR 63.11915 of the proposed rule, we are proposing that 
existing and new affected sources comply with the leak detection and 
repair (LDAR) program requirements of the National Emission Standards 
for Equipment Leaks-Control Level 2 Standards, subpart UU of 40 CFR 
part 63, except for agitators, and rotating or reciprocating pumps and 
compressors. For gas and light liquid valves, subpart UU specifies a 
leak definition of 500 parts per million VOC, and a monitoring 
frequency that is dependent upon the number of leaking valves. Subpart 
UU also requires equipment specifications that prevent leaks for other 
pieces of equipment.
    We are proposing that rotating pumps be sealless, equipped with 
double seals, or equivalent. Reciprocating pumps, reciprocating and 
rotating compressors, and agitator must be equipped with double seals, 
or equivalent, as provided in 40 CFR 63.11915 of the proposed rule. If 
double mechanical seals or double outboard seals are used, HAP 
emissions must be minimized by maintaining the pressure between the two 
seals so that the leak occurs into the pump, compressor, or agitator; 
by ducting any HAP between the two seals through a closed vent system 
to a control device meeting the process vent emission limits specified 
in 40 CFR 63.11925 of the proposed rule; or by an equivalent method, as 
provided in 40 CFR 63.11915 of the proposed rule.
    We are proposing that a vinyl chloride monitoring system be 
operated for detection of major leaks and identification of the general 
area of the plant where a leak is located. A vinyl chloride monitoring 
system is a device that obtains air samples from one or more points 
continuously, and analyzes the samples with gas chromatography, 
infrared spectrophotometry, flame ion detection, or an equivalent or 
alternate method.
    In 40 CFR 63.11915 of the proposed rule, we are also proposing 
that, in addition to operating with no detectable emissions, there be 
no discharge to the atmosphere from any PRD on any equipment in HAP 
service within the PVCPU. We are proposing that upon a discharge to the 
atmosphere from the PRD that the monitoring requirements specified in 
40 CFR part 63, subpart UU for pressure releases from PRD be followed.
3. Heat Exchange Systems
    In 40 CFR 63.11920 of the proposed rule, we are proposing that you 
implement a LDAR program to detect leaks of VOC into cooling water. For 
existing sources, we are proposing monthly monitoring for both closed 
loop and once-through heat exchange systems using either the Texas 
Commission on Environmental Quality (TCEQ) Modified El Paso Method \3\ 
or EPA Method 8021B, Aromatic and Halogenated Volatiles by Gas 
Chromatography Using Photoionization and/or Electrolytic Conductivity 
Detectors, with a leak action level of 38 parts per billion by weight 
(ppbw) of total strippable VOC in the cooling water or 2.9 parts per 
million by volume (ppmv) of total strippable VOC in the stripping gas. 
For new sources, we are proposing twice-daily (12 hour intervals) 
monitoring for both closed loop and once-through heat exchange systems 
using either the TCEQ's Modified El Paso Method \4\ or EPA Method 8021B 
with a leak action level of 30 ppbw of total strippable VOC in the 
cooling water or 2.3 ppmv of total strippable VOC in the stripping gas. 
The delay of repair action level for both new and existing sources is 
380 ppbw of total strippable VOC in the cooling water or 29 ppmv of 
total strippable VOC in the stripping gas. When a leak is identified, 
additional monitoring must be performed to isolate the source of the 
leak. If the total strippable VOC concentration remains below the leak 
action level throughout the period of additional monitoring, then 
repairs are not required; otherwise, repairs must be completed within 
45 days of identifying the leak. Repairs may be delayed if the 
concentration of total strippable VOC in the cooling water or stripping 
gas remains below the delay of repair action level and either: (1) It 
is technically infeasible to repair the leak without a shutdown, or (2) 
the necessary equipment, parts, or personnel are not available.
---------------------------------------------------------------------------

    \3\ Air Stripping Method (Modified El Paso Method) for 
Determination of Volatile Organic Compound Emissions from Water 
Sources, Revision Number One, dated January 2003, Sampling 
Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by 
TCEQ, January 31, 2003 (incorporated by reference--see 40 CFR 
65.645).
    \4\ Air Stripping Method (Modified El Paso Method) for 
Determination of Volatile Organic Compound Emissions from Water 
Sources, Revision Number One, dated January 2003, Sampling 
Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by 
TCEQ, January 31, 2003 (incorporated by reference--see 40 CFR 
65.645).
---------------------------------------------------------------------------

4. Process Vents
    In 40 CFR 63.11925 of the proposed rule, we are proposing all the 
vent streams from: polymerization reactors, resin strippers, other 
process components prior to the resin stripper, VCM recovery systems, 
wastewater collection and treatment system, slip gauges, unloading and 
loading lines, and samples be routed through a closed vent system to a 
control device. We are proposing the emission limitations presented in 
Table 1 of this preamble for

[[Page 29534]]

the outlet of the control device. These emission limitations apply at 
all times.

            Table 1--Emission Limitations for Process Vents a
------------------------------------------------------------------------
                                        Emission Limitations \b\
           Pollutant           -----------------------------------------
                                  Existing sources       New sources
------------------------------------------------------------------------
Vinyl chloride................  0.32 ppmv..........  3.2 ppbv
Hydrogen chloride.............  150 ppmv...........  0.17 ppmv
Total organic HAP.............  12 ppmv............  0.22 ppmv
Dioxin/Furans (TEQ)...........  0.023 ng/dscm......  0.0087 ng/dscm
------------------------------------------------------------------------
\a\ Process vents limits apply at the outlet of the control device which
  controls closed vent streams from polymerization reactors, resin
  strippers, other process components prior to the resin stripper(s),
  VCM recovery systems, certain storage vessels, the wastewater
  collection and treatment system, slip gauges, unloading and loading
  lines, and samples.
\b\ ppbv = parts per billion by volume dry at 3-percent O \2\. ppmv =
  parts per million by volume dry at 3-percent O \2\. ng/dscm =
  nanograms per dry standard cubic meter at 3-percent O \2\.

5. Other Emission Sources
    Other emission sources include reactor and other component opening 
losses. When reactors or other components (including pre-polymerization 
reactors used in the manufacture of bulk resins) are opened for 
cleaning, we are proposing in 40 CFR 63.11955 of the proposed rule that 
emissions be minimized prior to opening. We are proposing that 
emissions from opening a polymerization reactor must not exceed 0.04 
pound vinyl chloride/ton of polyvinyl chloride product where the 
product means the gross product of pre-polymerization and post-
polymerization. We are proposing emissions from opening of process 
components for any reason be minimized by reducing the volume of vinyl 
chloride to an amount that occupies a volume of no more than 2.0 
percent of the component's containment volume or 25 gallons, whichever 
is larger, at standard temperature and pressure. Any vinyl chloride 
removed from opening equipment must be ducted through a closed vent 
system to a control device meeting the requirements in 40 CFR 63.11925 
through 40 CFR 63.11950 of the proposed rule. The outlet of the control 
device must meet the emission limitations for process vents discussed 
in section III.D.4.
6. Stripped Resin
    In 40 CFR 63.11960 of the proposed rule, we are proposing emission 
limitations for residual vinyl chloride and total HAP in the stripped 
resin presented in Tables 2 and 3 of this preamble. The limits were 
developed for new and existing sources for three subcategories of PVC 
resins: (1) Bulk resins, (2) dispersion resins, and (3) all other 
resins. These emission limits would apply at all times.

         Table 2--Limits for Stripped Resin at Existing Sources
------------------------------------------------------------------------
                                              Emission limits (ppmw)
                                         -------------------------------
                Pollutant                                           All
                                           Bulk     Dispersion     other
                                          resins      resins      resins
------------------------------------------------------------------------
Vinyl chloride..........................     7.1              55    0.48
                                         -------------------------------
    Total HAP...........................   170               110   76
------------------------------------------------------------------------


            Table 3--Limits for Stripped Resin at New Sources
------------------------------------------------------------------------
                                            Emission limitations (ppmw)
                                         -------------------------------
                Pollutant                                           All
                                           Bulk     Dispersion     other
                                          resins      resins      resins
------------------------------------------------------------------------
Vinyl chloride..........................     7.1              41    0.20
                                         -------------------------------
    Total HAP...........................   170                58   42
------------------------------------------------------------------------

7. Wastewater
    In 40 CFR 63.11965 of the proposed rule, we are proposing that you 
must determine the vinyl chloride concentration for each wastewater 
stream at the point of wastewater generation. Streams with 10 ppmw 
vinyl chloride, or more, must be treated to reduce the concentration of 
vinyl chloride to a concentration of 0.11 ppmw for existing sources, 
and 0.0060 ppmw for new sources. The 10 ppmw determination applies 
before the wastewater stream is exposed to the atmosphere, stored, 
mixed with any other wastewater stream, and enters a wastewater 
treatment process, or is discharged untreated as a wastewater.
    We are also proposing that wastewater streams with flow rates 
greater than or equal to 10 liters per minute (l/min),

[[Page 29535]]

and the concentrations of HAP, as determined by Method 305 (as 
specified in 40 CFR part 63, subpart G, Table 9) greater than or equal 
to 1,000 ppmw, meet the Hazardous Organic NESHAP (HON) wastewater 
requirements, as described in the sections of 40 CFR part 63, subpart 
G, and specified in the proposed rule.
    Streams that contain less than 10 ppmw vinyl chloride (at the point 
of generation), and streams that either contain less than 1,000 ppmw 
total HAP, or have a flow rate less than the 10 l/min criteria (at the 
point of determination, as defined by 40 CFR part 63, subpart G), are 
not required to further reduce emissions, but must remain below these 
levels.

E. When must I comply with the proposed standards?

    Existing affected sources would be required to comply with the 
proposed 40 CFR part 63, subpart HHHHHHH no later than 3 years after 
publication of the final rule in the Federal Register. New affected 
sources would be required to comply on the effective date of the final 
rule, or upon startup, whichever is later.

F. What are the initial and continuous compliance requirements?

    In 40 CFR 63.11896 of the proposed rule, we are proposing that, if 
you make a process change to an existing affected source that does not 
meet the criteria to become a new affected source in 40 CFR 63.11870(c) 
of the proposed rule, you must demonstrate that any added emission 
points are in compliance with the applicable requirements for an 
existing affected source. If the process change results in a change in 
the characteristics of any emission point such that a different 
emission limit, operating parameter limit, or work practice standard 
applies, we are proposing that you demonstrate that the changed 
emission point complies with the applicable requirements for an 
existing affected source. You must demonstrate compliance with any 
applicable work practice standards upon startup of the changed emission 
point, and must demonstrate compliance with any emission limits and 
establish applicable operating limits by 180 days after the date of 
initial startup of the changed process unit.
    We are also proposing that, if you make a process change to a new 
affected source, you would demonstrate that any added emission point(s) 
is/are in compliance with the applicable work practice standards for a 
new affected source by start-up of the changed emission point. You must 
also demonstrate initial compliance with any emission limits and 
establish applicable operating limits by 180 days after the date of 
initial startup of the changed process unit.
    If you make a process change that adds or changes emission points, 
we are proposing that you demonstrate continuous compliance with your 
emission limits and standards, operating limits, and work practice 
standards according to the procedures and frequency in 40 CFR 63.11910 
through 40 CFR 63.11980 of this proposed rule, and submit a 
notification report specified in 40 CFR 63.11985 of the proposed rule.
1. What are the initial and continuous compliance requirements for 
storage vessels?
    For each floating roof storage vessel, we are proposing that you 
meet the operating, inspection, repair, and maintenance requirements of 
40 CFR part 63, subpart WW. For each fixed roof storage tank venting 
through a closed vent system to a control device achieving 95-percent 
reduction in total HAP emissions, we are proposing that you meet the 
requirements for closed vent systems and control devices in 40 CFR 
63.11925 of the proposed rule, and summarized in section III.D.3 of 
this preamble.
    In 40 CFR 63.11910 of the proposed rule, we are also proposing 
that, for each fixed roof tank, you install and maintain the tank with 
no visible cracks, holes, or other open spaces between roof section 
joints or between the interface of the roof edge and the tank wall. We 
are also proposing that you must install closure devices that you 
secure in the closed position except during periods when you need to 
have access to the interior of the fixed roof tank. The closure device 
may be opened when needed to provide access. The fixed roof tank and 
its closure device would be required to be inspected initially, and at 
least once per year. The inspection requirements would not be 
applicable to parts of the fixed roof that are determined to be unsafe 
to inspect if you document and explain why it is unsafe to inspect and 
develop a plan to conduct inspections when the tank is not in service. 
A first attempt to repair defects must be made no later than 5 calendar 
days after detection, and repairs would be required to be completed no 
later than 45 days after detection, except as specified in 40 CFR 
63.11910(a)(4)(ii) of the proposed rule.
    In 40 CFR 63.11910 of the proposed rule, for pressure vessels, we 
are proposing that all potential leak interfaces in the pressure vessel 
be monitored for leaks annually and repaired following the procedures 
of 40 CFR 63.11915 of the proposed rule.
2. What are the initial and continuous compliance requirements for 
equipment leaks?
    For each applicable piece of equipment (e.g., valves, connectors) 
associated with your affected source, we are proposing that you meet 
the LDAR requirements of 40 CFR part 63, subpart UU. In 40 CFR 63.11915 
of the proposed rule, you would also be required to install electronic 
indicators on each PRD that would be able to identify and record the 
time and duration of each pressure release and notify operators that a 
pressure release has occurred.
3. What are the initial and continuous compliance requirements for heat 
exchange systems?
    We are proposing that for each affected source, you must operate an 
equipment leak program, as specified in the proposed rule. Under the 
compliance requirements for heat exchange systems in 40 CFR 63.11920 of 
the proposed rule, an affected source would be required to conduct 
sampling and analyses using either the TCEQ Modified El Paso Method, 
Revision Number One, dated January 2003,\5\ or EPA Method 8021B, no 
less frequently than monthly for existing sources and twice-daily (12-
hour intervals) for new sources, and fix any leaks detected. We are 
proposing different sampling locations for once-through and closed loop 
heat exchange systems as specified in 40 CFR 63.11920 of the proposed 
rule. For once-through systems only, you may monitor at the cooling 
tower return line prior to exposure to the air. For once-through 
systems, you must monitor selected heat exchanger exit line(s) so that 
each heat exchanger or group of heat exchangers within a system is 
covered by the selected monitoring location. Monitoring of selected 
heat exchanger exit lines is also a monitoring option for closed loop 
systems. Additionally, for once-through systems, you may also monitor 
the inlet water feed line prior to any heat exchanger. If multiple heat 
exchange systems use the same water feed (i.e., inlet water from the 
same primary water source), you may monitor at one representative 
location and use the monitoring results for that sampling location for 
all heat exchange systems

[[Page 29536]]

that use that same water feed. We are proposing to exempt a heat 
exchange system from the monitoring requirements in 40 CFR 63.11920 if 
all heat exchangers within the heat exchange system operate with the 
minimum pressure on the cooling water side at least 35 kilopascals 
greater than the maximum pressure on the process side, or the heat 
exchange system does not contain any heat exchangers.
---------------------------------------------------------------------------

    \5\ Air Stripping Method (Modified El Paso Method) for 
Determination of Volatile Organic Compound Emissions from Water 
Sources, Revision Number One, dated January 2003, Sampling 
Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by 
TCEQ, January 31, 2003 (incorporated by reference--see 40 CFR 
65.645).
---------------------------------------------------------------------------

    Identified leaks must be repaired as soon as practicable, but 
within 45 days after identifying the leak. We are proposing delay of 
repair action levels as either a total strippable VOC concentration (as 
methane) in the stripping gas of 29 ppmv or a total strippable VOC 
concentration in the cooling water of 380 ppbw. Leaking heat exchanger 
repairs may be delayed if the repair is technically infeasible without 
a shutdown, or the necessary equipment, parts, or personnel are not 
available. To delay repairs in either case, the total strippable VOC 
must initially be, and remain less than, the delay of repair action 
level for all monitoring periods during the delay of repair.
4. What are the initial and continuous compliance requirements for 
process vents?
    To demonstrate compliance for process vents, you would be required 
to meet the requirements of proposed 40 CFR 63.11930 for each closed 
vent system that routes emissions from process vents subject to the HAP 
emission limits to a control device. You would be required to meet the 
initial and continuous compliance requirements for process vents 
specified in 40 CFR 63.11925 and 40 CFR 63.11935, the monitoring 
requirements for your process vent control device, as specified in 
proposed 40 CFR 63.11940, and the performance testing requirements for 
process vents in 40 CFR 60.11945. You may not use a flare to comply 
with the emission limits of the proposed rule, as specified in 40 CFR 
63.11925(b).
    Closed vent systems. In 40 CFR 63.11930 of the proposed rule, for 
closed vent systems, you would be required to meet specified design 
requirements and install flow indicators in the bypass lines, or meet 
other requirements to prevent and detect bypass of the control device. 
You must also follow the inspection, leak monitoring, and repair 
requirements in 40 CFR 63.11930 of the proposed rule for closed vent 
systems. Closed vent systems in vacuum service would be required to 
install alarms rather than performing leak inspection and monitoring. 
If you operate a closed vent system in vacuum service, you are not 
required to comply with the other closed vent system requirements in 
the proposed rule.
    Performance testing, continuous parameter monitoring system (CPMS), 
and continuous emission monitoring system (CEMS) requirements for 
process vents and associated control devices.
    Compliance would be demonstrated through a combination of 
performance testing (as specified in 40 CFR 63.11925 and 40 CFR 
63.11945) and/or monitoring using CEMS or CPMS that measure process 
vent control device operating parameters (as specified in 40 CFR 
63.11925, 40 CFR 63.11935, and 40 CFR 63.11940). These sections also 
refer to Tables 1, 2, 6, and 7 of the proposed rule for emission 
limits, testing methods, and requirements. Below, we summarize the 
process vent testing and compliance requirements by pollutant. Each 
test would consist of three test runs.
    We are proposing that existing and new sources would be required to 
demonstrate initial and annual compliance with the total organic HAP 
emission limits in Table 1 or 2 of the proposed rule by measuring total 
hydrocarbon (THC) at the outlet of the control device using EPA Method 
25A, as specified in Table 9 of the proposed rule. The minimum test run 
duration would be 1 hour.
    During the initial compliance test, you would be required to 
establish values for the control device operating parameters specified 
in 40 CFR 63.11935 and 40 CFR 63.11940 (e.g., incinerator temperature). 
You would then use a CPMS to continuously monitor that parameter to 
demonstrate continuous compliance with the total organic HAP limit. New 
and existing sources could elect to use THC CEMS instead of annual 
testing and CPMS for total organic HAP. All CEMS must meet the 
applicable performance specifications, procedures, and other 
calibration, accuracy, and operating and maintenance requirements, as 
specified in 40 CFR 63.11935 of the proposed rule. For vinyl chloride, 
you would demonstrate compliance by conducting initial and annual 
performance tests using EPA Method 18. You would be required to 
establish monitoring parameters during the initial performance test, 
and continuously monitor control device operating parameters.
    For CDD/CDF, you would demonstrate compliance by conducting initial 
and annual performance tests using EPA Method 23. The minimum sampling 
volume collected would be 5 cubic meters for Method 23. For HCl, you 
would demonstrate compliance by conducting an initial performance test 
using EPA Method 26 or 26A. The minimum sampling volumes collected 
would be 60 liters for EPA Method 26, or 1 cubic meter for EPA Method 
26A. You would be required to establish monitoring parameters during 
the initial performance test, and continuously monitor control device 
operating parameters (e.g., liquid flow rate and pH for scrubbers, and 
temperature and carbon injection rate for activated carbon injection). 
After EPA publishes final performance specifications for CEMS for HCl 
and CDD/CDF, new sources would be required to use CEMS instead of 
annual testing for these pollutants, as required in 40 CFR 63.11925 of 
the proposed rule. Existing sources could elect to use CEMS instead of 
annual testing and CPMS for these pollutants. All CEMS must meet the 
applicable performance specifications, procedures, and other 
calibration, accuracy, and operating and maintenance requirements, as 
specified in 40 CFR 63.11935 of the proposed rule.
    We have included specific performance testing requirements, 
including the process operating conditions under which performance 
tests should be conducted, for continuous process vents and batch 
operations, as provided in 40 CFR 63.11945 of the proposed rule, and 
discussed in section III.F and III.G of this preamble.
    All CPMS would be required to have data averaging periods of 3-hour 
block averages. All CPMS would be required to meet minimum accuracy and 
calibration frequency requirements, as specified in 40 CFR 63.11935 and 
Table 8 of the proposed rule. For each monitored parameter, you would 
establish a minimum, maximum, or a range that indicates proper 
operation of the control device, as specified in 40 CFR 63.11935(d). 
The proposed rule specifies the parameters that would be monitored for 
each type of control device, including each incinerator, absorber, 
adsorber, condenser, sorbent injection system, fabric filter, or other 
control device. You must also install a flow indicator at the inlet of 
the control device to indicate periods of no flow to the control 
device.
    Some control devices would be subject to additional emission point-
specific performance testing requirements, as described in 40 CFR 
63.11945 of the proposed rule. We have included specific performance 
testing requirements for continuous process vents and batch operations, 
as provided in 40 CFR 63.11945 of the proposed

[[Page 29537]]

rule, and discussed in section III.F of this preamble.
5. What are the initial and continuous compliance requirements for 
wastewater?
    As specified in 40 CFR 63.11965(a) of the proposed rule, we are 
proposing that you must conduct an initial test for wastewater streams 
from the affected source to determine the vinyl chloride concentration, 
the total HAP concentration (including all HAP listed in Table 9 of 40 
CFR part 63, subpart G), and the flow rate. The concentration tests 
would be conducted using EPA Method 107 in combination with Resource 
Conservation and Recovery Act (RCRA) Method SW-8260B and EPA Method 
305. Prior to testing, you would be required to submit a test plan for 
EPA approval that includes your proposed method for analysis using 
these methods. We are proposing that you sample for vinyl chloride by 
collecting one grab sample at the point of generation. We are also 
proposing that you sample for total HAP by collecting one grab sample 
at the point of determination, as specified in 40 CFR part 63, subpart 
G.
    Wastewater streams that contain less than 10 ppmw vinyl chloride 
(at the point of generation), and wastewater streams that either 
contain less than 1,000 ppmw total HAP, or have a flow rate less than 
the 10 l/min criteria (at the point of determination, as defined by 40 
CFR part 63, subpart G), must remain below these levels. You would 
conduct periodic tests at the same locations, and using the same test 
methods described above to verify that the stream concentration stays 
below the vinyl chloride and total HAP concentration levels. Wastewater 
streams would be tested monthly. There are also proposed requirements 
in 40 CFR 63.11975(e)(2) of the proposed rule, for demonstrating that 
you remain below the 10 l/min flow rate criterion, based on flow rate 
measurements.
    If your wastewater stream contains vinyl chloride concentrations 
greater than or equal to 10 ppmw, you would be required to treat the 
wastewater stream to achieve a concentration of 0.11 ppmw vinyl 
chloride at the wastewater stripper outlet for existing sources, and 
0.0060 ppmw at new sources. You must conduct an initial compliance test 
and monthly testing to demonstrate compliance with these limits. We are 
proposing that you measure at the outlet of the wastewater stripper by 
collecting one grab sample. In addition, during your performance test, 
you would be required to establish operating ranges for your wastewater 
steam or vacuum stripper, including steam-to-feed ratios and stripper 
bottoms temperature, and also the vacuum level measured in the column 
for vacuum strippers. You would use a CPMS to continuously monitor 
control device operating parameters to demonstrate that you 
continuously meet these limits.
    If the wastewater stream exceeds the 1,000 ppmw HAP concentration 
(based on the list of HAP in Table 9 of 40 CFR part 63, subpart G), and 
the 10-l/min flow rate, then you must comply with the 40 CFR part 63, 
subpart G, Group 1, wastewater suppression and treatment requirements, 
and conduct the compliance testing and monitoring required in subpart 
G.
    For more information on the wastewater compliance requirements, see 
40 CFR 63.11965, 40 CFR 63.11970, and 40 CFR 63.11975 of the proposed 
rule.
6. What are the initial and continuous compliance requirements for 
stripped resins?
    In 40 CFR 63.11960 of the proposed rule, we are proposing that you 
conduct initial performance tests to demonstrate compliance with the 
proposed vinyl chloride and total HAP limits for stripped resin. We are 
also proposing that you conduct daily performance testing to 
demonstrate continuous compliance with the proposed vinyl chloride 
limit, and monthly performance testing to demonstrate continuous 
compliance with the proposed total HAP limit. The tests would be 
conducted at the outlet of the resin stripper for continuous processes 
and immediately after stripping for batch processes. You would be 
required to use EPA Method 107 in combination with RCRA Method SW-
8260B, and to include in your test plan a proposed method for analysis 
using these methods. You would be required to submit the test plan for 
EPA approval. In addition, during your initial performance test, you 
would be required to establish operating ranges for your resin steam or 
vacuum stripper, including steam-to-feed ratios, stripping temperature, 
and the vacuum level measured in the column for vacuum strippers. You 
would use a CPMS to continuously monitor resin stripper operating 
parameters. All CPMS would be required to calculate 3-hour block 
averages for the parameters measured.
    To demonstrate initial compliance with the total HAP limits, you 
would be required to collect one grab sample every 8 hours for a single 
grade, or one grab sample per grade of PVC resin produced, whichever is 
more frequent for each resin stripper over a 24-hour period. To 
determine initial compliance with the vinyl chloride limit, you would 
be required to collect one grab sample every 8 hours for a single 
grade, or one grab sample per grade of PVC resin produced, whichever is 
more frequent, for each resin stripper over a 24-hour period. You would 
be required to collect samples over a 24-hour period during which you 
are manufacturing the grade of resin, which you produce the most of, 
based on total mass of resin produced in the preceding month.
    To demonstrate continuous compliance with the vinyl chloride limit 
for a continuous process, you would be required to collect one grab 
sample from each resin stripper every 8 hours for a single grade, or 
one grab sample per grade of PVC resin produced, whichever is more 
frequent. Grade is defined in 40 CFR 63.12010 of the proposed rule and 
is unchanged from the definition in the Part 61 NESHAP other than the 
insertion of the term ``PVC.'' To demonstrate compliance with the vinyl 
chloride limit for a batch process, you would be required to collect 
one grab sample from each batch of resin produced. You must demonstrate 
compliance on a daily basis using a 24-hour average concentration 
weighted on production.
    To demonstrate continuous compliance with the total HAP limits for 
a continuous process, on a monthly basis you would be required to 
collect one grab sample every 8 hours for a single grade, or per grade 
of PVC resin produced, whichever is more frequent from each resin 
stripper over a 24-hour period. Individual sampling events may be 3 to 
5 weeks apart, but you must conduct a minimum of 12 sampling events per 
calendar year. The 24-hour arithmetic average total HAP concentration 
for each stripper for each resin grade produced during the 24-hour 
sampling period must be calculated using the individual HAP 
concentrations measured for the grab. Beginning 13 months following 
your initial demonstration of compliance, you must demonstrate 
continuous compliance with the total HAP emission limit in Table 1 or 2 
to this subpart, based on a 12-month rolling average concentration, 
calculated as the average of the 12 most recent 24-hour arithmetic 
average concentrations.
    To demonstrate continuous compliance with the total HAP limits for 
a batch process, on a monthly basis, you would be required to collect 
one grab sample for each batch of resin produced over a 24-hour period. 
You would be required to collect samples over a 24-hour period during 
which you

[[Page 29538]]

are producing the grade of resin, which you manufacture for a majority 
of the time during that month. You must demonstrate compliance on a 
monthly basis with the average concentration of the most recent 12 
months of data.
7. What are the initial and continuous compliance requirements for 
other emission sources?
    To demonstrate compliance with the requirements for other emission 
sources, we are proposing that for reactors and other components prior 
to opening, you must follow the initial and continuous compliance 
requirements in 40 CFR 63.11925. We are requesting comments on this 
compliance approach.

G. What are the performance testing requirements for batch process 
operations?

    For batch process operations, performance tests would be conducted 
under the most challenging conditions that you would run your batch 
process operations to make sure that the control devices are operating 
at the level needed to demonstrate compliance with the appropriate 
emission limits. The Agency's intent is to require testing of the 
performance of the control device under its most challenging 
conditions. Subsequent to the initial compliance test, continuous 
monitoring of operating parameters established during the initial test 
is a reasonable measure of continuous compliance with the efficiency 
requirement under all conditions. Presumably, the control device should 
function as well or better under conditions that are not as 
challenging. You would be required to develop an emission profile that 
describes the characteristics of the vent stream at the inlet to the 
control device under either absolute or hypothetical worst-case 
conditions. The emissions profile may be developed by process, by 
process component, or by capture and control device limitations, as 
specified in 40 CFR 63.11945(c)(3) of the proposed rule. We have 
provided methodologies to develop the emissions profile for each batch 
processing operation in proposed 40 CFR 63.11950, including 
methodologies for vapor displacement, gas sweep of a partially filled 
vessel, heating, depressurization, vacuum systems, gas evolution, air 
drying, and purging. All other HAP emissions for the emissions profile 
would be determined through an engineering assessment, or through 
testing approved by the Administrator. See 40 CFR 63.11945 of the 
proposed rule.

H. What are the notification, recordkeeping, and reporting 
requirements?

1. Notifications and Reports
    All new and existing sources would be required to comply with 
certain requirements of the General Provisions (40 CFR part 63, subpart 
A), which are identified in Table 5 of the proposed 40 CFR part 63, 
subpart HHHHHHH. The General Provisions include specific requirements 
for notifications, recordkeeping, and reporting. Reports include 
notifications of initial startup, initial notification, notification of 
compliance status, compliance reports, notification of performance 
test, notification of inspection, batch pre-compliance report, and 
other notifications and reports specified in proposed 40 CFR 63.11985.
    The notification of compliance status report required by 40 CFR 
63.9(h) must include certifications of compliance with rule 
requirements.
    The excess emissions and continuous system performance report and 
summary report required by 40 CFR 63.10(e)(3) of the NESHAP General 
Provisions (referred to in the rule as a compliance report) would be 
required to be submitted semi-annually for reporting periods during 
which there was: An exceedance of any emission limit or a monitored 
parameter; a deviation from any of the requirements in the rule 
occurred; or if any process changes occurred and compliance 
certifications were reevaluated. The proposed rule includes additional 
requirements for what you must include in these reports for each type 
of emission point. See 40 CFR 63.11985 of the proposed rule.
2. Recordkeeping
    The proposed rule would require compiling and retaining records to 
demonstrate compliance with each emission limit and work practice 
standard. These recordkeeping requirements are specified either 
directly in the proposed rule, in the General Provisions to 40 CFR part 
63, and in 40 CFR part 63, subparts UU and WW. Records that we are 
proposing that you keep include performance tests, records of CPMS and 
CEMS, records of malfunction, records of deviations, records specific 
to each emission point, and other records specified in proposed 40 CFR 
63.11990. The 40 CFR part 63 General Provisions requirements that apply 
are listed in Table 5 of the proposed rule. We are proposing that 
records be kept for 5 years in a form suitable and readily available 
for EPA review. We are proposing that records be kept on-site for 2 
years; you may keep the records off-site for the remaining 3 years. See 
40 CFR 63.11990 of the proposed rule.

I. What are the electronic data submittal requirements?

    EPA must have performance test data to conduct effective reviews 
(e.g., risk assessment) of CAA section 112 standards, as well as for 
many other purposes, including compliance determinations, emission 
factor development, and annual emission rate determinations. In 
conducting these reviews, EPA has found it ineffective and time 
consuming, not only for us, but also for regulatory agencies and source 
owners and operators to locate, collect, and submit emissions test data 
in paper form because of varied locations for data storage and varied 
data storage methods. In recent years, though, stack testing firms have 
typically collected performance test data in electronic format, making 
it possible to move to an electronic data submittal system that would 
increase the ease and efficiency of data submittal and improve data 
accessibility.
    In this action, EPA is proposing a step to increase the ease and 
efficiency of data submittal and improve data accessibility. 
Specifically, we are proposing that owners and operators of PVC 
production facilities would be required to submit electronic copies of 
reports of certain required performance test reports to EPA's WebFIRE 
database. The WebFIRE database was constructed to store performance 
test data for use in developing emission factors. A description of the 
WebFIRE database is available at http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main. EPA solicits comment on the proposed 
electronic data submittal requirements.
    Data entry will be through an electronic emissions test report 
structure called the Electronic Reporting Tool (ERT). The ERT would be 
able to transmit the electronic report through EPA's Central Data 
Exchange (CDX) network for storage in the WebFIRE database making 
submittal of data very straightforward and easy. A description of the 
ERT can be found at http://www.epa.gov/ttn/chief/ert/ert_tool.html.
    The requirement to submit source test data electronically to EPA 
would only apply to those performance tests conducted using test 
methods that are supported by the ERT. The ERT contains a specific 
electronic data entry form for most of the commonly used EPA reference 
methods. A listing of the pollutants and test methods supported by the 
ERT is available at http://www.epa.gov/ttn/chief/ert/ert_tool.html.

[[Page 29539]]

We believe that industry would benefit from this proposed approach to 
electronic data submittal. Having these data, EPA would be able to 
develop improved emission factors, make fewer information requests, and 
promulgate better regulations.
    One major advantage of submitting source test data through the ERT 
is that it will provide a standardized method to compile and store much 
of the documentation required to be reported by the proposed rule. 
Another advantage is that the ERT clearly states what testing 
information would be required.
    Another important benefit of submitting these data to EPA at the 
time the source test is conducted is that it should substantially 
reduce the effort involved in data collection activities in the future. 
When EPA has performance test data in hand, there will likely be fewer 
or less substantial data collection requests in conjunction with 
prospective required residual risk assessments or technology reviews. 
This would result in a reduced burden on both affected facilities (in 
terms of reduced manpower to respond to data collection requests) and 
EPA (in terms of preparing and distributing data collection requests 
and assessing the results).
    State, local, and Tribal agencies may also benefit from a more 
streamlined and accurate review process rather than a manual data 
assessment, making review and evaluation of the source provided data 
and calculations easier and more efficient. Finally, another benefit of 
the proposed data submittal to WebFIRE electronically is that these 
data would greatly improve the overall quality of existing and new 
emissions factors by supplementing the pool of emissions test data for 
establishing emissions factors, and by ensuring that the factors are 
more representative of current industry operational procedures. A 
common complaint heard from industry and regulators is that emission 
factors are outdated or not representative of a particular source 
category. With timely receipt and incorporation of data from most 
performance tests, EPA would be able to ensure that emission factors, 
when updated, represent the most current range of operational 
practices. In summary, consistent with Executive Order 13563, Improving 
Regulation and Regulatory Review, issued on January 18, 2011, in 
addition to supporting regulation development, control strategy 
development, and other air pollution control activities, having an 
electronic database populated with performance test data would save 
industry, State, local, Tribal agencies, and EPA significant time, 
money, and effort while also improving the quality of emission 
inventories and, as a result, air quality regulations.

J. What revisions are proposed for the area source rule (40 CFR part 
63, subpart DDDDDD)?

    We are proposing to revise the existing NESHAP for PVC production 
area sources (40 CFR part 63, subpart DDDDDD) to require that PVC 
production area sources comply with the proposed rule. Area sources 
would be required to continue to comply with the current provisions of 
subpart DDDDDD until they are in compliance with the proposed rule. 
After that date, existing and new area sources would no longer be 
subject to the requirements of subpart DDDDDD.

IV. Rationale for the Proposed PVC Rule for Major and Area Sources (40 
CFR part 63, subpart HHHHHHH)

A. How did EPA subcategorize PVC production?

    The CAA allows EPA to divide source categories into subcategories, 
based on differences in class, type, or size. For example, differences 
between given types of units can lead to corresponding differences in 
the nature of emissions and the technical feasibility of applying 
emission control techniques. For the stripped resin limits, we are 
proposing three subcategories.
    In the United States, four different types of polymerization 
processes have been used to manufacture PVC: dispersion, suspension, 
solution, and bulk. The type of resin production process used is 
dictated by the end use of the product and the product's required 
physical and chemical properties and function, such as the need for 
flexibility, rigidity, or the ability to be molded. For example, to 
make dispersion resins (as compared to other types of resins), 
different reactants, initiators, and surfactants are used in the 
manufacturing process. The differences in chemicals used for 
manufacturing, and the properties of the final product, result in 
products with different compositions.
    After the polymerization process is complete, the PVC resin is sent 
to a resin stripper, or the resin can be stripped directly in the 
reactor to remove residual HAP such as vinyl chloride. The vent streams 
from the resin stripper, polymerization reactors, other process 
components upstream of the resin stripper, and vents from the 
wastewater stripper are sent to recovery processes to recover unreacted 
VCM. After recovery, the vent stream containing unrecovered VCM is sent 
to a control device before being emitted to atmosphere.
    Dispersion resins have less porosity, mechanical stability, and 
heat stability than suspension or solution resins, resulting in more 
difficulty in stripping vinyl chloride. Consequently, the levels of 
vinyl chloride in the stripped dispersion resin products are not as low 
as those in the stripped suspension resin products. At bulk resin 
production, the product of the polymerization process results in a 
resin that is more of a solid than a slurry, which is unlike solution, 
dispersion, and suspension resins, and results in a different emissions 
profile at the resin stripper for organic HAP and vinyl chloride. We 
are unaware of any resin that is being manufactured using the solution 
process, and we do not have emissions data on this type of process.
    For purposes of the stripped resin limits, which serve to limit 
emissions from points downstream of the resin stripper, we are 
proposing to subcategorize PVCPU into three subcategories: bulk resins, 
dispersion resins, and all other resin types. In the absence of data on 
solution resin production facilities, we are incorporating them into 
the ``other resins'' subcategory, which also includes suspension resin. 
We are requesting comment on the proposed subcategorization, and the 
appropriateness of including suspension and solution resins in the same 
subcategory.
    We are not proposing to establish separate subcategories for any of 
the other emission points regulated by the proposed rule (process 
vents, equipment leaks, wastewater, storage vessels, other emission 
sources, and heat exchange systems by resin type). The same air 
pollution control devices, wastewater treatment processes, and work 
practices for these kinds of emission points are applicable and 
effective regardless of any potential differences in physical and 
chemical properties of the resin being produced. Therefore, EPA chose 
not to subcategorize in setting emission limitations and work practice 
standards for these emission points.

B. How did EPA select the emission points, format, and pollutants for 
the proposed rule?

1. How did EPA select the emission points covered?
    The emission points covered by the proposed rule were selected to 
ensure control of all sources of HAP emissions within the PVC 
production process. The

[[Page 29540]]

HAP emission points within PVCPU are process vents (e.g., process vents 
from polymerization reactors, resin strippers, other process components 
prior to the resin stripper, the VCM recovery system, slip gauges, 
loading and unloading lines, samples, the wastewater collection and 
treatment system that routes emissions through a closed vent system to 
a control device, and emission control devices), stripped resin, 
equipment leaks (e.g., valves, pumps, connectors, and PRD), wastewater 
collection and treatment systems, storage vessels, reactor and other 
process component openings, and heat exchange systems.
    EPA solicits comment on the emission points proposed for 
regulation.
2. How did EPA select the format of the proposed rule?
    We are proposing to establish numerical emission limits in the form 
of concentration limits for process vents, stripped resin, and 
wastewater. We are establishing the process vent emission limits at the 
outlet of the control device. The process vent emissions are comprised 
of emissions from polymerization reactors, resin strippers, other 
process components prior to the resin stripper, the VCM recovery 
system, certain pressurized and fixed storage vessels, slip gauges, 
loading and unloading lines, samples, the wastewater collection and 
treatment system that routes emissions through a closed vent system to 
the control device, and emission control devices.
    The emission limits in the proposed rule provides flexibility for 
the regulated community by allowing a regulated source to choose any 
control technology or technique to meet the emission limits, rather 
than requiring each unit to use a prescribed control method that may 
not be appropriate in each case. We are proposing numerical emission 
rate limits as ppmv dry standardized to 3-percent oxygen for process 
vents. A concentration limit in units of ppmv is consistent with 
previous EPA and State regulations for PVC production facilities, and 
other processes controlled by combustion devices.
    We are proposing a concentration limit for HAP in the stripped 
resin in units of ppmw as a means to control HAP emissions from 
downstream sources (e.g. dryers, centrifuges, filters). We are 
proposing a concentration based limit because the HAP emissions from 
vents associated with processes downstream of the resin stripper are 
dependent on the concentration of HAP in the stripped resin. That is, 
the greater the HAP concentration in the stripped resin, the greater 
the HAP emissions from downstream process components. Similarly, the 
lower the HAP concentration in the stripped resin, the lower the HAP 
emissions from downstream process components. Consequently, limiting 
HAP in the stripped resin is the best means to control HAP emissions 
from downstream processes. This approach is consistent with current 
Federal and State regulations that are applicable to PVC production 
facilities.
    For wastewater streams that contain greater than or equal to 10 
ppmw vinyl chloride, and, accordingly, require treatment to reduce the 
vinyl chloride concentration, we are proposing a stripper outlet 
concentration. Wastewater streams with less than 10 ppmw vinyl chloride 
must stay below that level. To address HAP emissions other than vinyl 
chloride, the proposed rule would require compliance with the HON 
requirements in 40 CFR part 63, subpart G.
    We are proposing work practice standards to reduce emissions from 
storage vessels, equipment leaks, and heat exchange systems.
    CAA section 112(h)(1) states that the Administrator may prescribe a 
work practice standard or other requirements, consistent with the 
provisions of CAA sections 112(d) or (f), in those cases where, in the 
judgment of the Administrator, it is not feasible to enforce an 
emission standard. CAA section 112(h)(2) defines the phrase ``not 
feasible to prescribe or enforce an emission standard'' as follows:
[A]ny situation in which the Administrator determines that (A) a 
hazardous air pollutant or pollutants cannot be emitted through a 
conveyance designed and constructed to emit or capture such 
pollutant, or that any requirement for, or use of, such a conveyance 
would be inconsistent with any Federal, State, or local law, or (B) 
the application of measurement methodology to a particular class of 
sources is not practicable due to technological and economic 
limitations.
The work practice standards in this proposed rule are consistent with 
CAA section 112(h)(2)(B), because applying a measurement methodology to 
this class of sources is not technologically feasible due to the number 
of openings and possible emissions points.
    The proposed work standards for emissions from storage tanks are 
evaporative losses that result from barometric pressure and ambient 
temperature changes, as well as filling and emptying operations. The 
flow rate of vent emissions from a tank is very low, except during 
filling. The concentration of HAP in the vent stream varies with the 
degree of saturation of HAP in the tank vapor space. The degree of 
saturation depends on such factors as HAP vapor pressure, tank size, 
and liquid throughput. Low flow rate and varying concentration make 
emission measurement impractical.
    Emissions from equipment leaks are intermittent and fugitive in 
nature, so it is, therefore, not feasible to fully measure the mass 
emission rate from numerous potential leaks at an affected source.
3. How did EPA determine the pollutants for which to set emission 
limits?
    The major HAP emitted from PVC production processes is the raw 
material, vinyl chloride. This is from the feed material processing 
prior to the reaction, and from post reaction processing (some of the 
VCM raw material remains unreacted during the polymerization process). 
For these reasons, we are setting emission limits for vinyl chloride.
    PVC production processes also emit a variety of other HAP that may 
be contained in initiators or inhibitors of polymerization, additives, 
copolymer feedstocks, impurities, or formed during the polymerization 
process. As discussed earlier, these HAP include 1,3-butadiene, 
benzene, acetaldehyde, bis (2-ethylhexyl) phthalate, chloroform, 
chloroprene, ethylene dichloride, ethylidene dichloride, formaldehyde, 
iso-octane, methylene chloride, vinyl bromide, and vinylidene 
chloride.\3\ PVCPU use different processes to produce a variety of 
resin products. Rather than setting individual emission limits for the 
wide variety of other HAP that can be found in PVC production 
processes, we are proposing a total HAP emission limit. A total HAP 
limit is appropriate because emissions from PVC facilities are 
comprised of mixtures of these HAP, and the control technologies used 
to control total HAP such as condensers and thermal oxidizers, achieve 
control of the individual HAP. Thermal oxidizers combust all organic 
HAP and convert them to carbon dioxide and water, with only trace 
amounts of organic compounds remaining. An acid gas scrubber removes 
any inorganic compounds that remain after combustion. Condensers, as a 
part of the vinyl chloride recovery system condense out organic 
compounds that are re-used in the process.
    Process vents are often controlled using thermal oxidizers because 
they are effective at reducing emissions of vinyl chloride and organic 
HAP. However, the combustion of halogenated organic compounds results 
in formation of hydrogen chloride, which is a HAP, and

[[Page 29541]]

can also result in the formation of CDD/CDF. We are proposing to set 
emission limits for HCl from process vents.
    We are authorized to regulate the CDD/CDF class of HAP. While 
dibenzofuran and 2,3,7,8-TCDD are identified by name as HAP in CAA 
section 112, all CDD/CDF are polycyclic organic matter, and, as such, 
we have the authority to regulate these compounds. Under CAA section 
112(d), the MACT floor standards are to be based on the average 
emissions performance of the best performing units for which the 
Administrator has emissions information. We received a substantial 
amount of emissions test data for CDD/CDF emissions through the CAA 
section 114 information collection, in which we sought CDD/CDF 
information from sampling runs that lasted about 4 hours each. While 
reported CDD/CDF emissions were below detectable levels in 
approximately 46 percent of the individual test runs for all CDD/CDF 
isomers reported, only 37 percent of three-run test averages were 
comprised of individual test runs where all runs were below detection 
limits. Therefore, a majority (63 percent) of the three-run tests 
detected some level of CDD/CDF. Furthermore, some of the emission tests 
detected most or all isomers at some level, and CDD/CDF emissions can 
be precisely measured for most control devices in the PVC production 
source category. Therefore, the statutory test for establishment of 
work practice standards--i.e., that measurement of emissions is 
impracticable due to technological and economic limitations--is not 
met.
    To make sure that the emission limits are set at a level that can 
be measured, we adjusted for variability using the upper prediction 
limit (UPL) approach, and we used the ``three times MDL'' approach 
(discussed elsewhere in this preamble) as a minimum level at which a 
CDD/CDF emission limit, on a toxic equivalency (TEQ) basis, is set. 
Rather than establishing work practice standards, but recognizing that 
emissions tend to be very low compared to more significant sources of 
CDD/CDF, such as incinerators, our approach to CDD/CDF requires an 
initial compliance test to demonstrate that the PVCPU meet the CDD/CDF 
standard, and additional compliance testing on an annual basis. Initial 
and continuous compliance requirements for process vents are discussed 
in section III.F.4 of this preamble. Furthermore, the CDD/CDF test 
method, EPA Method 23, requires that, for compliance purposes, non-
detect values from runs should be reported and calculated as zeroes. 
Therefore, for purposes of compliance, there should be no concern about 
being unable to meet the standards because of the contribution of non-
detect values. Consequently, we are proposing to set emission limits 
for CDD/CDF (on a TEQ basis) from process vents.
    Cooling towers may emit a variety of VOC, depending on which 
process components may be leaking into the heat exchange system. The 
most prevalent HAP that may leak into a heat exchange system is vinyl 
chloride, which is also a VOC. The proposed compliance method for heat 
exchange systems measures total VOC and not speciated compounds. A 
detection of total VOC in the cooling water indicates leakage of 
organic HAP (including vinyl chloride) into the heat exchange system.
4. Solicitation of Comments
    EPA solicits comment on the emission points proposed for regulation 
and the format of the proposed standards. We also solicit comments on 
the pollutants that we have proposed for regulation and how we grouped 
pollutants such as total HAP and dioxin.

C. How did EPA determine the proposed emission standards for area 
sources?

    Under CAA section 112(d)(6), we are required to ``* * * review, and 
revise as necessary (taking into account developments in practices, 
processes, and control technologies), emission standards promulgated 
under this section no less often than every 8 years.'' With this 
rulemaking, we are fulfilling our obligation to review, and revise, as 
necessary, the PVC Production area source standards. The 2007 NESHAP 
for PVC production area sources (40 CFR, part 63, subpart DDDDDD) are 
based on GACT. The area source NESHAP only set emission limits for 
vinyl chloride, which was the pollutant for which we needed the PVC 
Production area source category to meet our 90-percent obligation in 
CAA section 112(c)(3) and (k)(3)(B). We are proposing to tighten 
emission standards for vinyl chloride under CAA section 112(d)(6).
    Under CAA section 112(d)(5), we may elect to promulgate standards 
or requirements for area sources ``which provide for the use of 
generally available control technologies [``GACT''] or management 
practices by such sources to reduce emissions of hazardous air 
pollutants.'' In this proposed rule, we have determined that area 
source emission limits should be set for total HAP, CDD/CDF, and HCl, 
in addition to vinyl chloride, that are emitted from PVC production 
processes. As explained in other area source rules, the Agency has 
discretion to set standards for all urban HAP, in this case, CDD/CDF 
and total HAP, and to not limit standards to only the urban HAP for 
which the area source category was listed (i.e., vinyl chloride). In 
addition to vinyl chloride, PVC production processes emit a variety of 
other HAP that may be contained in initiators or inhibitors of 
polymerization, additives, copolymer feedstocks, impurities, or formed 
during the polymerization process. The urban HAP reported to be emitted 
by the only existing PVC area source include 1,3-butadiene, ethylene 
dichloride, and methylene chloride. However, PVCPU can produce a 
variety of resin products over time which can influence the HAP 
emitted, so there is a potential that the area source could also emit 
other organic HAP reported at major source PVCPU (such as benzene, 
acetaldehyde, chloroform, and formaldehyde). Rather than setting 
individual emission limits for the wide variety of HAP that can be 
emitted by the area source PVC facility, we are proposing a total HAP 
emission limit (as we are for major sources). A total HAP limit is 
appropriate because emissions from the area source PVC facility are 
comprised of mixtures of these organic HAP, and the control 
technologies used to control total HAP achieve control of the 
individual organic HAP.
    Although we recognize that we have met the 90-percent requirement 
of CAA section 112(c)(3), nothing precludes the Agency from regulating 
beyond the 90 percent with regard to the 30 urban HAP. We also believe 
it is appropriate to establish area source emission standards for HCl 
because, although not an urban HAP, it is formed as a product of 
combustion in controlling vents containing vinyl chloride and HAP. We 
solicit comment on our proposal to regulate these other HAP, beyond 
vinyl chloride since the Agency has already met its 90-percent 
statutory obligation under CAA section 112(c)(3) and 112(k)(3)(B).The 
2007 GACT standards (40 CFR part 63, subpart DDDDDD) generally required 
area sources to continue to comply with the vinyl chloride emission 
limits, and other requirements in the part 61 NESHAP, which had been 
promulgated in 1976 (41 FR 46560, October 21, 1976). Therefore, the 
2007 GACT standards did not achieve any emissions reductions.
    In determining what constitutes GACT for this proposed rule, we 
considered the control technologies and management practices that are 
generally available to PVC area sources by examining relevant data and 
information, including information collected from the only known PVC 
area

[[Page 29542]]

source. We also considered the standards proposed for major sources to 
determine if the control technologies and management practices are 
transferable and generally available to area sources. (See section III 
of this preamble for a summary of the MACT standards and sections IV.D 
through IV.F for further information on how the proposed MACT standards 
were determined.) As part of the GACT determination, we considered the 
costs and economic impacts of available control technologies and 
management practices on area sources.
    As explained in greater detail below, we determined that GACT 
standards for area sources should be the same as the major source MACT 
standards, based on the similarity between production processes, 
emission points, emissions, and control technologies that are 
characteristic of both major and area source PVC production facilities. 
Due to the nature of the PVC production process and as reported in the 
information collected, the one existing area source has the same kinds 
of emission points (process vents, stripped resin, wastewater, 
equipment leaks, storage, heat exchangers, and other emission sources) 
and emits the same types of pollutants (identified in section IV.B of 
this preamble) as major sources. From the information that we collected 
during this rule development, which includes stack testing and site 
visits at both major and area sources, we now know that area sources 
have the same types of emissions, emission sources, and controls (see 
control information below) as major sources. Information that we have 
collected to support development of these proposed standards indicates 
that the one area source would be major, based on its potential to 
emit, except that the source has an enforceable requirement to operate 
its thermal oxidizer, which keeps it below major source levels. We are 
not aware of any planned new area sources.
    In reviewing the data collected from major and area sources for 
development of the proposed rule, it is clear that the one PVC area 
source, like the major sources, is achieving vinyl chloride emission 
limits well below those required in the 2007 area source NESHAP (40 CFR 
part 63, subpart DDDDDD) and the part 61 NESHAP. The data collected 
from major and area sources are discussed in the memorandum, Baseline 
Emission Estimates for the Polyvinyl Chloride and Copolymers (PVC) 
Production Source Category, which is available in the docket. The PVC 
area source uses the same control technologies as the major sources. 
For example, for process vents, the area source is using the same 
control technology (a thermal oxidizer in series with an acid gas 
scrubber) as most major sources. It is also using the same wastewater 
control (a wastewater stripper) used by major sources, and implementing 
the same type of equipment LDAR program as most major sources. The 
achievability of stripped resin HAP limits is a function of the resin-
type subcategory (bulk, dispersion, or other) rather than the size of 
the PVCPU, or its location at a major or area source, and the PVC area 
source is already meting the proposed stripped resin MACT limits for 
the bulk PVC subcategory. In addition, the area source PVC plant is 
already meeting the proposed MACT limits for storage vessels and other 
emission sources (reactor and other component opening losses). 
Therefore, the control technologies and management practices used by 
major sources are generally available for area sources. In addition, 
the part 61 NESHAP for this industry requires all PVC production 
facilities to meet the same standards with no major or area source 
distinction, and because of the similarities between major and area 
sources, it is reasonable for them to meet the same emission standards 
under this proposed rule.
    As part of the GACT determination, we analyzed the cost and 
emissions reduction for the area source to meet the proposed GACT 
standards. The overall annual cost is $332,351, and the annual emission 
reduction is 17.23 tons of HAP per year. For information on the 
methodology and more detailed results of this analysis, see the 
memorandum, Costs and Emission Reductions of the Proposed Standards for 
the Polyvinyl Chloride and Copolymers (PVC) Production Source Category, 
in the docket. The economic impact analysis (see section V.D of this 
preamble) showed that there are no significant economic impacts.
    For the aforementioned reasons, we have determined, pursuant to CAA 
sections 112(d)(5) and (6), that the control technologies and 
management practices necessary to meet the proposed major source 
emission standards are generally available for area sources in this 
source category. Accordingly, we are proposing the GACT level of 
control for area sources is the same as the MACT level of control for 
major sources, and that these area sources must meet the same standards 
as proposed in this rule for major sources.
    Because the compliance dates in the proposed rule are 3 years after 
promulgation for existing area sources, and startup or the date of 
promulgation, whichever is later, for new area sources, area sources 
must continue to comply with the current provisions of 40 CFR part 63, 
subpart DDDDDD until they are required to comply with 40 CFR part 63, 
subpart HHHHHHH. However, on and after the proposed rule's compliance 
dates, existing and new PVC production area sources would no longer be 
required to comply with subpart DDDDDD. The proposed amendments to 
subpart DDDDDD make this clear. Amending subpart DDDDDD in this manner 
allows for continuous compliance with emission standards for PVC 
production area sources, while avoiding duplicative or burdensome 
requirements under more than one subpart.
    EPA solicits comment on the proposed approach. We further solicit 
comment on whether we should issue MACT standards under CAA section 
112(d)(2) and (3) in lieu of GACT standards under CAA section 112(d)(5) 
given the significant amount of additional information on the one area 
source that was not available to EPA at the time of the 2007 area 
source GACT promulgation.

D. How did EPA determine the MACT floors for existing major sources?

    There are less than 30 sources in this source category. Therefore, 
EPA has based the MACT floor on the average of the best performing five 
sources. The determination of the best performing sources is discussed 
below.
    In general, MACT floor analyses involve an assessment of the 
emissions from the best performing sources in a source category using 
the available emissions information. For each source category, the 
assessment involves a review of emissions data with an appropriate 
accounting for emissions variability. Various methods of estimating 
emissions can be used if the methods can be shown to provide reasonable 
estimates of the actual emissions performance of a source or sources.
    Process vents and stripped resin. To develop the MACT floor 
emission limits for process vents (which includes all the vent streams 
from polymerization reactors, resin strippers, other process components 
prior to the resin stripping operation, VCM recovery system, slip 
gauges, loading and unloading lines, samples, and the wastewater 
collection and treatment system that are sent to a control device) and 
stripped resin, we ranked all the available emission concentration or 
resin concentration data for each pollutant: vinyl chloride, HCl, CDD/
CDF, and total HAP for

[[Page 29543]]

process vents; and vinyl chloride and total HAP for stripped resin. For 
this ranking, EPA included all major sources and the one synthetic area 
source. In previous rulemakings (e.g., Brick NESHAP, 68 FR 26697-26698, 
May 16, 2003), EPA determined that including synthetic area sources in 
calculating the MACT floor for major sources is consistent with CAA 
section 112(d).
    Concentration data for each pollutant were ranked from sources 
within the entire category (for process vents), or each subcategory 
(for resins) from lowest to highest. Based on information available to 
EPA, at all existing PVC production facilities, emissions from process 
vents are routed to a VCM recovery system. The vent stream from the 
recovery system is controlled either by a thermal oxidizer followed by 
a scrubber, or by an absorber. Emissions data were collected from 
emissions tests (consisting of three test runs) conducted at the outlet 
of the absorber, or the thermal oxidizer/scrubber control system. For 
each pollutant, the average of the three test runs was calculated for 
each facility. The average values (for each pollutant) from each 
facility were then ranked from lowest to highest to identify the best 
performing sources.
    The CAA section 114 information collection required each facility 
to take samples of the stripped resin being produced daily over a 30-
day period at the outlets of the resin stripper(s) and the resin 
dryer(s). The facilities analyzed the samples for the concentration(s) 
of HAP present in the resin, and then calculated the corresponding mass 
of each HAP present in the stripped resin, based on the analysis of the 
concentration in each of the samples. Facilities were asked to report 
both the mass of each HAP present in the sampled resin, and also the 
production rate for that resin. The test results revealed that the 
methods used to convert the HAP concentration to mass varied across the 
industry making the emissions information incomparable. For example, 
some companies used the production rate from the entire plant, while 
others used the production rate from the production lines being 
sampled. We did not initially request the HAP concentration values for 
the analyzed resins, but because of the many discrepancies in the mass 
of each HAP in the stripped resin, these HAP concentrations values were 
provided in a subsequent data submittal by the industry trade 
association. The industry trade association also provided additional 
detail related to the detection levels and specific test methods used 
during the sampling and analysis required by our CAA section 114 
information collection. The data used to calculate the MACT floors for 
stripped resin were the HAP concentration data, and not the mass 
loading data. To determine the stripped resin limits, we calculated the 
average concentration levels for each pollutant at each facility. They 
were then ranked from lowest to highest for each facility in the 
subcategory to identify the best performing sources.
    MACT floors were calculated for each pollutant regulated by the 
proposed rule. Because there are fewer than 30 sources in the source 
category (for process vents) and each subcategory (for stripped 
resins), the MACT floor for each pollutant was calculated from the 
average of the best performing (i.e., lowest emitting) five sources. We 
took the numerical average of the five best performing sources, and 
accounted for variability, as discussed later in this section of the 
preamble.
    Wastewater. All PVC production facilities are currently subject to 
the part 61 NESHAP inprocess wastewater standards. In the part 61 
NESHAP, inprocess wastewater is defined as ``* * * water which, during 
manufacturing or processing, comes into direct contact with vinyl 
chloride or results from the production or use of any raw material, 
intermediate product, finished product, by-product, or waste product 
containing vinyl chloride or polyvinyl chloride, but which has not been 
discharged to a wastewater treatment process or discharged untreated as 
wastewater. Gasholder seal water is not wastewater until it is removed 
from the gasholder.'' The part 61 NESHAP requires control of inprocess 
wastewater streams with a concentration of 10 ppmw or more vinyl 
chloride at the point of generation, and all facilities achieve this 
control by using a wastewater steam stripper. The average annual vinyl 
chloride concentrations at the outlet of the stripper were provided in 
survey responses for 13 out of 17 facilities. The average values from 
each facility were then ranked from lowest to highest to identify the 
best performing sources (that controlled streams with vinyl chloride 
concentrations greater than 10 ppmw at the point of generation). We 
took the numerical average of the five best performing sources, and 
accounted for variability, as discussed later in this section of the 
preamble. The predominant HAP in wastewater streams generated from this 
source category is vinyl chloride. All of the stripped wastewater 
streams contain vinyl chloride, which the survey data show comprises, 
on average, 95 percent of the HAP concentration in these streams. A 
review of the streams exiting the wastewater stripper, and streams that 
do not require control to meet the 10 ppmw vinyl chloride requirements 
(from the part 61 NESHAP) at the point of generation, does not indicate 
that additional control is used to reduce those compounds that are not 
easily removed by the wastewater stripper. We have documented this 
analysis in the memorandum, MACT Floor Analysis for the Polyvinyl 
Chloride and (PVC) Copolymers Production Source Category, which is 
available in the docket. However, as explained in section IV.F of this 
preamble, we are proposing additional control of wastewater streams, 
based on other HAP (in additional to vinyl chloride as a beyond-the-
floor option, and have included total HAP limits in the proposed rule.
    Equipment leaks. For equipment leaks, we ranked the LDAR programs 
used at each affected PVC source from most stringent to least 
stringent, based on the leak definitions, monitoring frequencies, 
control requirements, and repair requirements. We then identified the 
LDAR programs employed by the best performing five sources. The results 
of this analysis showed that three out of the best performing five 
sources comply with 40 CFR part 63, subpart UU level 2 controls. The 
remaining sources comply with less stringent LDAR programs, such as 40 
CFR part 61, subpart V. Additionally, existing sources are complying 
with the requirements of the part 61 NESHAP, that rotating pumps must 
be either sealless, equipped with double mechanical seals, or 
equivalent and all reciprocating pumps, rotating and reciprocating 
compressors, and agitators must be equipped with double mechanical 
seals or equivalent. If double mechanical seals or double outboard 
seals are used, HAP emissions must be minimized by maintaining the 
pressure between the two seals so that the leak occurs into the pump, 
compressor, or agitator by ducting any HAP between the two seals 
through a closed vent system to a control device.
    Therefore, we are proposing that existing and new affected sources 
comply with the LDAR program requirements of the National Emission 
Standards for Equipment Leaks-Control Level 2 Standards, subpart UU of 
40 CFR part 63, except for rotating or reciprocating pumps, 
compressors, and agitators. We are proposing that rotating pumps be 
sealless, equipped with double seals, or equivalent. Reciprocating 
pumps, reciprocating and rotating compressors, and agitator be equipped 
with double seals, or

[[Page 29544]]

equivalent, as provided in 40 CFR 63.11915 of the proposed rule.
    The part 61 NESHAP also requires installation of a vinyl chloride 
monitoring system for detection of major leaks and identification of 
the general area of the plant where a leak is located. A vinyl chloride 
monitoring system is a device that obtains air samples from one or more 
points continuously, and analyzes the samples with gas chromatography, 
infrared spectrophotometry, flame ion detection, or an equivalent or 
alternate method. These requirements from the part 61 NESHAP also 
constitute the MACT floor level of control.
    The MACT floor analysis is available in the docket in the 
memorandum, MACT Floor Analysis for the Polyvinyl Chloride and 
Copolymers (PVC) Production Source Category.
    Storage vessels and handling operations. Two different types of 
storage vessels were identified from data collected from the PVC 
production industry: (1) Storage vessels storing material that are 
gases at ambient conditions (vapor pressures greater than 14.7 psia), 
and (2) storage vessels storing all other materials. The information 
collected showed that materials with vapor pressures greater than 14.7 
psia are stored under pressure. A closed vent system that is routed to 
a control device is used at all facilities when filling the tank or 
purging the tank. All other materials are stored at all facilities in 
fixed roof tanks ranging in size from less than 5,000 gallons up to 
30,000 gallons. These tanks primarily store methanol. The responses to 
the CAA section 114 information collection indicated that these tanks 
are not controlled.
    The part 61 NESHAP, which covers ethylene dichloride, vinyl 
chloride, and PVC plants, has specific emission standards for handling 
operations (i.e., loading and unloading of liquid products). However, 
PVC processes do not produce liquid products and do not have transfer 
rack loading operations. Handling a solid final product is unlikely to 
emit HAP, and the stripped resins limit already minimizes the HAP 
content of the final product. Consequently, no emission standards are 
being proposed for transfer operations. Unloading operations at PVC 
production facilities are considered part of process vents or storage, 
because emissions from unloading operations occur when charging storage 
vessels or reactor vessels, and any emissions are released from reactor 
vents or from the storage vessels. The emissions from these activities 
are subject to the process vent emission limits or storage vessel work 
practices. We are requesting comment on our proposed standards.
    Heat exchange systems. For heat exchange systems, we requested 
information on each heat exchange system at PVC production facilities, 
including closed loop and once-through systems, existing programs and 
procedures to identify leaks of HAP into cooling water, leak action 
levels, and estimates of emissions from cooling towers. We also 
requested information on the regulations applicable to PVC production 
facilities. Leak action levels are the concentration of pollutants in 
the cooling water that indicates one or more heat exchangers is leaking 
process fluid, or other HAP-containing fluid into the circulating 
cooling water. The HAP contained in the cooling water can then be 
emitted from a cooling tower once the cooling water is exposed to the 
atmosphere. We received leak action levels for vinyl chloride, ethylene 
dichloride, vinylidene chloride, VOC, and non-methane hydrocarbons from 
twelve facilities. From the data submitted by the best performing 
facilities discussed above, we determined that leak action levels 
ranged from 30 ppbw to 5,000 ppbw for VOC and non-methane hydrocarbons. 
The best performers had an average leak action level of 38 ppbw for 
total VOC, which corresponds to a total strippable VOC concentration of 
2.9 ppmv in stripping gas. Therefore, we are proposing a leak action 
level of 38 ppbw of total strippable VOC in cooling water, or 2.9 ppmv 
total strippable VOC in stripping gas with monthly monitoring is the 
MACT floor for existing sources. While the data provided indicate that 
facilities monitor on a variety of different frequencies, we are 
proposing monthly monitoring. The majority perform either weekly or 
monthly monitoring.
    Other emission sources. The requirements from the part 61 NESHAP 
for reactor opening losses and component openings set numeric limits 
that must be met. The reactor opening loss from each reactor must not 
exceed 0.04 pound vinyl chloride/ton of PVC product. This requirement 
does not apply to pre-polymerization reactors in the bulk process. This 
requirement does apply to post-polymerization reactors in the bulk 
process, where the product means the gross product of pre-
polymerization and post-polymerization.
    The part 61 NESHAP also require that emissions from opening of 
other components, including pre-polymerization reactors used in the 
manufacture of bulk resins are to be minimized by reducing the volume 
of vinyl chloride to an amount which occupies a volume of no more than 
2.0 percent of the equipment's containment volume, or 25 gallons, 
whichever is larger, at standard temperature and pressure. In the case 
of reactors used as strippers, the standard is based on the sum of 
allowable reactor opening losses, and the emissions limit for all 
downstream equipment (e.g., the stripped resin limits). Furthermore, 
exhaust gasses from reactors and any vinyl chloride removed from 
process components must be ducted through a control system meeting 
specified outlet concentration limits. These requirements from the part 
61 NESHAP constitute the MACT floor level of control from these 
emission sources.
1. Variability Calculation for MACT Floor Emission Limits Based on 
Emissions Test Data
    For process vents, facilities measured the concentration of HAP in 
the vent stream exiting the control device used to control process vent 
streams. For stripped resin, facilities measured the concentration of 
HAP in the resin slurry exiting the resin stripper. For wastewater, 
facilities measured the concentration of vinyl chloride in the 
wastewater exiting the wastewater stripper. We used the emission 
concentration, resin concentration, and wastewater concentration data 
from the best performing sources to determine the MACT floor emission 
limits, with an accounting for variability. Data were collected from 
the CAA section 114 information collection, process vent emission 
testing results, resin sampling and analysis results, and additional 
data submissions by individual companies and the industry trade 
association that clarified, and/or corrected initial submissions, or 
that provided the same data in a different format (e.g., concentration 
instead of mass in the case of stripped resin analysis results). We 
account for variability of the best-controlled source in setting 
floors, not only because variability is an element of performance, but 
because it is reasonable to assess best performance over time. The 
District of Columbia Circuit Court of Appeals has recognized that EPA 
may consider variability in estimating the degree of emission reduction 
achieved by best performing sources, and in setting MACT floors. See 
Mossville Environmental Action Now v. EPA, 370 F.3d 1232, 1241-42 (DC 
Cir. 2004).
    In determining the MACT floor limits for process vents, stripped 
resins, and wastewater, we first determined the MACT floor, which is 
the level achieved in practice by the average of the best-

[[Page 29545]]

performing five sources. We then assessed variability of the best 
performers by using a statistical formula designed to estimate a MACT 
floor level that is achieved by the average of the five best performing 
sources. Specifically, the MACT floor limit is an UPL calculated with 
the Student's t-test using the TINV function in Microsoft Excel[scopy]. 
The UPL has also been used in other EPA rulemakings (e.g., the final 
NESHAP for Portland cement manufacturing, and the final NESHAP for 
industrial/commercial/institutional boilers) in accounting for 
variability. A prediction interval for a future observation is an 
interval that will, with a specified degree of confidence, contain the 
next (or some other pre-specified) randomly selected observation from a 
population. In other words, the prediction interval estimates what 
future values will be based upon present or past background samples 
taken. Given this definition, the UPL represents the value that we can 
expect the mean of three future observations (three-run average) to 
fall below, based upon the results of an independent sample from the 
same population. In other words, if we were to randomly select a future 
test condition from any of these sources (i.e., average of three runs), 
we can be 99-percent confident that the reported level will fall at or 
below the UPL value. To calculate the UPL, we used the average (or 
sample mean) and sample standard deviation, which are two statistical 
measures calculated from the sample data. The average is the central 
value of a data set, and the standard deviation is the common measure 
of the dispersion of the data set around the average for a normally 
distributed data set.
    We first determined the distribution of the emissions data for the 
best performing five sources within the source category for process 
vents, and within each subcategory for resins prior to calculating UPL 
values. To evaluate the distribution of the best performing dataset, we 
first computed the skewness and kurtosis statistics, and then conducted 
the appropriate small-sample hypothesis tests.
    The skewness statistic (S) characterizes the degree of asymmetry of 
a given data distribution. Normally, distributed data have a skewness 
of 0. A skewness statistic that is greater (or less) than 0 indicates 
that the data are asymmetrically distributed with a right (or left) 
tail extending towards positive (or negative) values. Further, the 
standard error of the skewness statistic (SES) is given by SES = 
SQRT(6/N), where N is the sample size. According to the small sample 
skewness hypothesis test, if the skewness statistic (S) is greater than 
2 times the SES, the data distribution can be considered non-normal.
    The kurtosis statistic (K) characterizes the degree of peakedness 
or flatness of a given data distribution in comparison to a normal 
distribution. Normally, distributed data have a kurtosis of 0. A 
kurtosis statistic that is greater (or less) than 0 indicates a 
relatively peaked (or flat) distribution. Further, the standard error 
of the kurtosis statistic (SEK) is calculated by SEK = SQRT(24/N) where 
N is the sample size. According to the small sample kurtosis hypothesis 
test, if the kurtosis statistic (K) is greater than 2 times the SEK, 
the data distribution is typically considered to be non-normal.
    We applied the skewness and kurtosis hypothesis tests to both the 
reported test values and the lognormal values of the reported test 
values. If the skewness (S) and kurtosis (K) statistics of the reported 
data set were both less than twice the SES and SEK, respectively, we 
classified the dataset as normally distributed. If neither of the 
skewness (S) and kurtosis (K) statistics, or only one of these 
statistics were less than twice the SES or SEK, respectively, then we 
conducted the skewness and kurtosis hypothesis tests for the natural 
log-transformed data. Then, we selected the distribution most similar 
to a log-normal distribution as the basis for calculating the UPL, 
based on EPA guidance documents. If both the reported values and the 
natural log-transformed reported values had skewness (S) and kurtosis 
(K) statistics that were greater than twice the SES or SEK, 
respectively, we selected the normally distributed dataset as the basis 
of the MACT floor to be conservative. If the results of the skewness 
and kurtosis hypothesis tests were mixed for the reported values, and 
the natural log-transformed reported values, we also chose the log-
normal distribution to comply with EPA guidance. We believe this 
approach is more accurate and obtained more representative results than 
a more simplistic normal distribution assumption.
    Because compliance with the MACT floor emission limit is based on 
the average of a three-run test, the UPL is calculated by:
[GRAPHIC] [TIFF OMITTED] TP20MY11.044

Where:

n = Number of test runs.
m = Number of test runs in the compliance average.
s = Standard deviation.
x bar = Mean
t (0.99,n-1) = T-statistic for 99-percent significance, and a sample 
size of n.

    This calculation was performed using the following two Microsoft 
Excel[scopy] functions:
    Normal distribution: 99-percent UPL = AVERAGE(Test Runs in Top 5) + 
[STDEV(Test Runs in Top 5)x TINV(2 x probability, n-1 degrees of 
freedom)*SQRT((1/n)+(\1/3\))], for a one-tailed t-value (with 2 x 
probability), probability of 0.01, and sample size of n.
    Lognormal distribution: 99-percent UPL = EXP{AVERAGE(Natural Log 
Values of Test Runs in Top 5) + [STDEV(Natural Log Values of Test Runs 
in Top 5) x TINV(2 x probability, n-1 degrees of freedom)* SQRT((1/n) + 
(\1/3\))]{time} , for a one-tailed t-value (with 2 x probability), 
probability of 0.01, and sample size of n.
    We followed these procedures for determining the variability of 
process vent emission limits (for vent streams from polymerization 
reactors, resin strippers, other process components prior to the resin 
stripper, VCM recovery system, and wastewater collection and treatment 
system). For the stripped resin variability analysis, the same 
procedures were followed with one change. The variability calculation 
for stripped resins uses the average of the sampling results for each 
day of the 30-day sampling period (e.g., essentially 30 runs instead of 
three runs for process vents). As a result, the 99-percent UPL equation 
uses a compliance average value of 30 instead of 3.
    For wastewater, we followed the same procedures for determining 
variability. A variability analysis was performed on the top five 
facilities. The skewness and kurtosis statistics were calculated 
(following the same procedure as for process vents and resins) to 
determine the top 5 data set distribution. The 99-percent UPL value was 
calculated for both the normal and log-normal distribution using the 
same formula as

[[Page 29546]]

process vents and resins, except that the number of samples in the data 
set was set to 5 (the top 5 fraction remaining values), and the number 
of samples in the compliance average was set to 1 (because the data 
provided by facilities only included one value for any wastewater 
concentration).
2. Incorporation of Non-Detect Data
    Non-detect values constitute more than 50 percent of the process 
vent emissions data for CDD/CDF and HCl, and approximately 42 percent 
of the stripped resin data for all reported HAP. For these pollutants, 
we developed a methodology to account for the imprecision introduced by 
incorporating non-detect data into the MACT floor calculation.
    At very low emission levels for which emissions tests result in 
non-detect values, the inherent imprecision in the pollutant 
measurement method has a large influence on the reliability of the data 
underlying the MACT floor emission limit. Because of resin sample and 
emission matrix effects, laboratory techniques, sample size, and other 
factors, method detection levels normally vary from test to test for 
any specific test method and pollutant measurement. The confidence 
level that a value measured at the detection level is greater than zero 
is about 99 percent. The expected measurement imprecision for an 
emissions value occurring at or near the method detection level is 
about 40 to 50 percent. Pollutant measurement imprecision decreases to 
a consistent level of 10 to 15 percent for values measured at a level 
about 3 times the method detection level.\6\
---------------------------------------------------------------------------

    \6\ American Society of Mechanical Engineers, Reference Method 
Accuracy and Precision (ReMAPJ: Phase 1, Precision of Manual Stack).
---------------------------------------------------------------------------

    We are using an approach to account for measurement variability 
when significant numbers of non-detect measurements are included in the 
dataset that starts with defining a method detection level that is 
representative of the data used in the data pool.
    The first step in this approach is to identify the highest test-
specific method detection level reported in a data set that is also 
equal to or less than the average emission calculated for the data set. 
This approach has the advantage of relying on the data collected to 
develop the MACT floor emission limit, while, to some degree, 
minimizing the effect of a test(s) with an inordinately high method 
detection level (e.g., the sample volume was too small, the laboratory 
technique was insufficiently sensitive, or the procedure for 
determining the detection level was other than that specified).
    The second step is to determine the value equal to 3 times the 
representative method detection level, and compare it to the calculated 
MACT floor emission limit. If 3 times the representative method 
detection level is less than the calculated MACT floor emission limit, 
we would conclude that measurement variability is adequately addressed, 
and we would not adjust the calculated MACT floor emission limit. If, 
on the other hand, the value equal to 3 times the representative method 
detection level is greater than the calculated MACT floor emission 
limit, we would conclude that the calculated MACT floor emission limit 
does not account entirely for measurement variability. We, therefore, 
use the value equal to 3 times the method detection level, in place of 
the calculated MACT floor emission limit, to ensure that the MACT floor 
emission limit accounts for measurement variability and imprecision. 
The same procedures were followed for non-detect values for the resin 
information, but the analysis was done for 30 days worth of samples 
from each facility rather than three test runs. We request comment on 
this approach to incorporation of non-detect data in the MACT floor.
    We followed the following additional procedures for CDD/CDF TEQ 
basis limits. To calculate a limit on a TEQ basis, first, we identified 
non-detect values on an individual CDD/CDF congener basis. There are 17 
CDD/CDF congeners used to calculate TEQ values. For facilities that 
reported some, but not all CDD/CDF congeners as non-detect, we 
calculated the mean of the non-detect values for each CDD/CDF congener. 
Then we multiplied the toxic equivalency factor (TEF) for each congener 
by the mean to determine the TEQ detection level for each CDD/CDF 
congener. For facilities that reported all CDD/CDF congeners as non-
detect, we multiplied each non-detect value by the respective TEF 
factor. We used the sum of the detection level toxic equivalencies for 
each of the 17 CDD/CDF congeners of interest to calculate a TEQ 
detection level sum value. The TEQ sum was then used as the detection 
limit for the test run. We used the second step discussed above to set 
the limit. The methodology is described in detail in the memorandum 
MACT Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) 
Production Source Category, and is available in the docket. We solicit 
comment on these procedures. For wastewater, non-detect values were not 
incorporated into the variability analysis because they were not 
included with the facility submitted survey information.
3. Existing Source MACT Floor Results for Process Vents, Stripped 
Resins, and Wastewater
    We identified the best performing five sources in the category (for 
process vents and wastewater), or each subcategory (for stripped 
resins), and each pollutant (e.g., vinyl chloride, total HAP, HCl, and 
CDD/CDF). We then compiled the individual test run and sampling 
concentration data for these sources, and conducted a statistical 
analysis to calculate the average and account for variability, and, 
thereby, determine the MACT floor emission limit.
    Table 4 of this preamble summarizes results of the UPL analysis and 
the MACT floor emission limits for existing process vents for each 
pollutant. Table 5 of this preamble presents the results for stripped 
resins. A detailed discussion of the MACT floor methodology is 
presented in the memorandum, MACT Floor Analysis for the Polyvinyl 
Chloride and Copolymers (PVC) Production Source Category, and is 
available in the docket.

 Table 4--Summary of MACT Floor Emission Limits for PVC Process Vents at
                          Existing Sources c,d
------------------------------------------------------------------------
                                                             MACT floor
       Pollutant (and units of measure)          99% UPL      emission
                                                              limit \a\
------------------------------------------------------------------------
Vinyl chloride (ppmv)........................       0.319        0.32
Hydrogen chloride (ppmv).....................     140.17       150
Total HAP (ppmv).............................      11.3     12 \b\

[[Page 29547]]

 
CDD/CDF (TEQ) (ng/dscm)......................       0.0183       0.023 \b\
------------------------------------------------------------------------
\a\ Limits were rounded up to two significant figures.
\b\ Limit result of detection limit variability analysis.
\c\ ppmv = parts per million by volume dry at 3-percent oxygen. ng/dscm
  = nanograms per dry standard cubic meter at 3-percent oxygen.
\d\ Process vents limits apply at the outlet of the control device which
  controls closed vent streams from polymerization reactors, resin
  strippers, other process components prior to the resin stripper(s),
  certain storage vessels, VCM recovery systems, wastewater collection
  and treatment system, slip gauges, unloading and loading lines, and
  samples.


        Table 5--Summary of MACT Floor Emission Limits for PVC Stripped Resins at Existing Sources (ppmw)
----------------------------------------------------------------------------------------------------------------
                                                         Bulk resins     Dispersion resins     All other resins
                                                     -----------------------------------------------------------
                                                                MACT
                      Pollutant                                 floor            MACT floor           MACT floor
                                                        99%   emission    99%     emission     99%     emission
                                                        UPL     limit     UPL    limit \a\     UPL    limit \a\
                                                                 \a\
----------------------------------------------------------------------------------------------------------------
Vinyl chloride......................................     7.1      7.1     54.8           55   0.471         0.48
Total HAP...........................................   167.3    170      100.1          110  33.3         76 \b\
----------------------------------------------------------------------------------------------------------------
\a\ Limits were rounded up to two significant figures.
\b\ Limit result of detection limit variability analysis.

    For wastewater that exceeds the 10 ppmw vinyl chloride limit at the 
point of generation, we determined that the 99-percent UPL is 0.109 
ppmw at the outlet of the wastewater stripper and the MACT floor level 
of control rounded up to two significant figures is 0.11 ppmw. The 
analysis is documented in the memorandum, MACT Floor Analysis for the 
Polyvinyl Chloride and Copolymers (PVC) Production Source Category, and 
is available in the docket. Wastewater streams below the 10 ppmw vinyl 
chloride limit at the point of generation, must remain below the 10 
ppmw limit.
    Results of the MACT floor analysis for heat exchange systems, 
storage vessels, equipment leaks, and other emission sources are 
discussed in section IV.D of this preamble.

E. How did EPA determine the MACT floors for new major sources?

    Similar to the MACT floor process used for existing sources, the 
approach for determining the MACT floor for new sources is based on 
available emissions information. Using such an approach to develop the 
MACT floor emission limits for process vents and stripped resins for 
each pollutant, we ranked all the available emission concentration, 
stripped resin concentration, or wastewater concentration data for each 
pollutant from sources within the entire category (for process vents 
and wastewater), or each subcategory (for stripped resin) from lowest 
to highest. As discussed in section IV.D of this preamble, data from 
all major sources and the one synthetic area source were included in 
this ranking. See section IV.D of this preamble for more information 
about the emission concentration and resin concentration data. Based on 
this ranking, we calculated the MACT floor limits for each pollutant, 
and for the summation of pollutants making up the total HAP value, 
based on the performance (of the lowest emitting (best controlled)) 
source for each pollutant in the category or subcategory.
    We calculated the MACT floor limits accounting for variability for 
new sources using the same formula that we used for existing sources. 
As discussed in section IV.D of this preamble, we account for 
variability of the best-controlled source in setting floors, not only 
because variability is an element of performance, but also because it 
is reasonable to assess best performance over time. If we do not 
account for this variability, we would expect that even the best-
controlled similar source would potentially exceed the floor emission 
levels part of the time, which would mean that their variability was 
not properly accounted for when setting the MACT floor. We calculated 
the MACT floor based on the UPL (upper 99th percentile), as described 
in section IV.D from the average performance, based on emission testing 
and resin sampling of the best controlled similar source, Students t-
factor, the total variability of the best controlled source, and 
incorporating the non-detect procedures.
    This approach reasonably ensures that the emission limit selected 
as the MACT floor adequately represents the level of control actually 
achieved by the best controlled similar source, considering ordinary 
operational variability. Tables 6 and 7 of this preamble present the 
analysis summaries, and the new source MACT floor limits for PVC 
process vents and stripped resins, respectively.
    A detailed discussion of the MACT floor methodology is presented in 
the memorandum, MACT Floor Analysis for the Polyvinyl Chloride and 
Copolymer (PVC) Production Source Category, and is available in the 
docket.

 Table 6--Summary of MACT Floor Emission Limits for PVC Process Vents at
                             New Sources c,d
------------------------------------------------------------------------
                                                                  MACT
                                                                  floor
           Pollutant (and unit of measure)             99% UPL  emission
                                                                  limit
                                                                   \a\
------------------------------------------------------------------------
Vinyl chloride (ppbv)................................  1.53     3.2 \b\

[[Page 29548]]

 
Hydrogen chloride (ppmv).............................  0.162    0.17
Total HAP (ppmv).....................................  0.217    0.22
CDD/CDF (TEQ)(ng/dscm)...............................  0.00428  0.0087
                                                                \b\
------------------------------------------------------------------------
\a\ Limits were rounded up to two significant figures.
\b\ Limit result of detection limit variability analysis.
\c\ ppbv = parts per billion by volume dry at 3-percent oxygen. ppmv =
  parts per million by volume dry at 3-percent oxygen. ng/dscm =
  nanograms per dry standard cubic meter at 3-percent oxygen.
\d\ Process vents limits apply at the outlet of the control device which
  controls closed vent streams from polymerization reactors, resin
  strippers, other process components prior to the resin stripper(s),
  VCM recovery systems, certain storage vessels, slip gauges, loading
  and unloading lines, samples, and the wastewater collection and
  treatment system.


          Table 7--Summary of MACT Floor Emission Limits for PVC Stripped Resins at New Sources (ppmw)
----------------------------------------------------------------------------------------------------------------
                                                           Bulk resins    Dispersion resins    All other resins
                                                       ---------------------------------------------------------
                                                                  MACT
                       Pollutant                                  floor          MACT floor           MACT floor
                                                          99%   emission   99%    emission     99%     emission
                                                          UPL     limit    UPL   limit \a\     UPL    limit \a\
                                                                   \a\
----------------------------------------------------------------------------------------------------------------
Vinyl chloride........................................     7.1      7.1   40.3           41   0.191         0.20
Total HAP.............................................   167.3    170     57.8           58  25.1         42 \b\
----------------------------------------------------------------------------------------------------------------
\a\ Limits were rounded up to two significant figures.
\b\ Limit result of detection limit variability analysis.

    The best performing wastewater source is complying with the part 61 
NESHAP wastewater standards. The part 61 NESHAP requires that inprocess 
wastewater streams that exceed a vinyl chloride concentration limit of 
10 ppmw, at the point of generation, be controlled. The best-performing 
source achieves this control by using a wastewater steam stripper and 
achieves a vinyl chloride concentration at the outlet of the wastewater 
stripper of 0.0060 ppmw. The analysis is documented in the memorandum, 
MACT Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) 
Production Source Category, and is available in the docket. We are 
proposing that all new wastewater streams meet a vinyl chloride limit 
of 10 ppmw, at the point of generation. We are also proposing that new 
wastewater streams that exceed the 10 ppmw vinyl chloride limit at the 
point of generation, reduce vinyl chloride to a wastewater stripper 
outlet concentration of 0.0060 ppmw.
    For equipment leaks, the best performing source complies with the 
LDAR requirements for 40 CFR part 63, subpart UU and the existing part 
61 NESHAP LDAR requirements for rotating and reciprocating pumps and 
compressors, and agitators. For storage vessels, the information 
collected showed that at all sources, including the best performing 
source, materials with vapor pressures greater than 14.7 psia are 
stored under pressure; a closed vent system that is routed to a control 
device is used at all facilities when filling the tank, or purging the 
tank. All other materials are stored at all facilities in fixed roof 
tanks.
    The current requirements from the part 61 NESHAP, for reactor 
opening losses and equipment openings, set standards that must be met. 
In the case of reactors used as strippers, the standard is based on the 
sum of allowable reactor opening losses, and the standard for all 
downstream equipment (e.g., the stripped resin limits). All affected 
sources are required to meet the part 61 NESHAP requirements.
    For heat exchange systems, the best performing source has a leak 
action level of 30 ppbw of total strippable VOC in the cooling water or 
2.3 ppmv of total strippable VOC in the stripping gas, with twice-daily 
monitoring, which is, therefore, the MACT floor for heat exchange 
systems at new sources.
    EPA solicits comment on the proposed MACT floors for new PVC 
production facilities.

F. How did EPA analyze beyond-the-floor options and determine MACT?

1. Beyond-the-Floor Analysis for Existing Sources
    Once the MACT floor determinations were done for each category or 
subcategory, we considered various regulatory options more stringent 
than the MACT floor levels of control (e.g., control technologies or 
work practices that could result in lower emissions). A detailed 
description of the beyond-the-floor consideration is in the memorandum, 
Analysis of Beyond MACT Floor Controls for the Polyvinyl Chloride and 
Copolymer (PVC) Production Source Category, and is available in the 
docket.
    We first identified regulatory requirements for each emission point 
that would be more stringent than the MACT floor level of control, and 
determined whether they were technically feasible. If the more 
stringent requirements were technically feasible, a cost and emission 
impacts analysis was conducted for applying them.
    Process Vents. The control technologies that would be needed to 
achieve the proposed MACT floor levels for process vents (e.g., 
enhanced vinyl chloride recovery, activated carbon injection, and 
fabric filters, in combination with existing controls, such as 
incinerators and acid gas scrubbers) are generally the most effective 
controls available for reducing vinyl chloride, HCl, total organic HAP, 
and dioxins/furans. Therefore, no beyond-the-floor regulatory options 
were identified for HAP from process vents.
    Equipment Leaks. For equipment leaks, we are proposing to require 
that

[[Page 29549]]

facilities implement the LDAR program from 40 CFR part 63, subpart UU, 
which is generally equivalent to the HON, and which we identified as 
the most effective control of emissions from equipment leaks. We are 
also proposing that facilities implement the equipment requirements for 
rotating and reciprocating pumps and compressors and agitators from 
part 61 NESHAP, which are leakless equipment. Therefore, no beyond-the-
floor HAP emission reduction approaches were identified for equipment 
leaks.
    Heat Exchange Systems. For heat exchange systems, the proposed 
existing source MACT floor level of control is a LDAR program with a 
leak action level of 38 ppbw of total strippable VOC in the cooling 
water, or 2.9 ppmv of total strippable VOC in the stripping gas and 
monthly monitoring. We analyzed a beyond-the-floor option of requiring 
a lower leak action level for the cooling water of 25 ppbw. Average 
costs and emission reductions were calculated on a per leak basis. The 
results of the analysis showed that 5.78 tpy of total VOC would be 
reduced for an annual cost of $175,630, resulting in a cost of $30,386 
per ton of VOC reduced. Consequently, we determined it was not 
appropriate to go beyond-the-floor considering the cost and emission 
reductions of this option.
    Storage Vessels. For storage vessels, the CAA section 114 
information collection data indicate that methanol is the primary 
material stored in fixed roof tanks ranging from 5,000 gallons to 
30,000 gallons associated with PVCPU. We analyzed a beyond-the-floor 
option of requiring storage vessels meeting specific vapor pressure and 
storage capacity parameters specified in 40 CFR part 60, subpart Kb to 
comply with the control requirements of 40 CFR part 63, subpart WW. The 
subpart Kb standard in 40 CFR 60.112(b), requires material be stored in 
controlled tanks if: (1) The material stored has a maximum true vapor 
pressure greater or equal to 0.75 psia, and the storage vessel has a 
capacity equal to, or greater than 40,000 gallons, or (2) the material 
stored has a maximum true vapor pressure greater or equal to 4 psia, 
and the storage vessel has a capacity equal to, or greater than 20,000 
gallons, but less than 40,000 gallons. Subpart Kb also requires 
materials above 11.1 psia to be stored in pressure tanks. The beyond-
the-floor controls include specific sealing mechanisms for internal or 
external floating roofs or routing streams from a fixed roof vessel 
through a closed vent system to a control device meeting a 95-percent 
or greater reduction in volatile organic emissions. We calculated the 
emission reduction and cost of retrofitting subpart WW controls on 
model fixed roof tanks meeting subpart Kb vapor pressure and size 
parameters. The results of the analysis showed that cost-effectiveness 
ranged from $2,000 to $12,000 per ton of HAP reduced by this option, 
depending on the number of turnovers assumed. Considering the cost and 
emissions reduction, we have determined that it is appropriate to 
propose this beyond-the-floor requirement for storage vessels. Based on 
information submitted by PVC production facilities, we are not aware of 
any storage vessels from affected sources that meet the capacity levels 
(20,000 gallons or 40,000 gallons), and store material that meet the 
vapor pressure levels. Therefore, we estimate that there are no 
additional costs and emission reductions for this option for storage 
vessels currently at PVCPU. However, the proposed beyond-the-floor 
standards for storage vessels will ensure that, if there are any 
storage vessels (now or in the future) that meet the capacity and vapor 
pressure criteria, they will be controlled. This analysis is documented 
in the memorandum, Analysis of Beyond MACT Floor Controls for the 
Polyvinyl Chloride and Copolymer (PVC) Production Source Category, and 
is available in the docket.
    Five gas holders are currently in use by three facilities, and are 
a part of the vinyl chloride recovery system. In these recovery 
systems, process vents originating from polymerization reactors, resin 
strippers, and wastewater strippers (among others) are routed in closed 
vent systems to a separate process to recover unreacted VCM from the 
vent gasses. Gas holders provide intermediate storage of vent gasses 
which contain VCM before the VCM is recovered, compressed, and recycled 
back into the process. Gas holders are cylindrical tanks with a 
floating bell top. The tanks contain water that serves as a seal 
between the contained gas and the ambient air outside of the tank. The 
pressure inside the gas holder changes as gasses are fed to, or removed 
from, the tank. The water inside the gas holder is in constant contact 
with the vinyl chloride laden gas and can approach saturation. The 
primary source of emissions from gas holders is from the water seal on 
the gas holder that is continually exposed to the ambient atmosphere. 
In addition, as the gas holder bell rises, a thin film of water that 
contains vinyl chloride remains on the outer surface of the bell. 
Methods to reduce emissions may include keeping the gas holder water 
level at the lowest possible level, using either floating objects on 
the surface of the water seal or using a thin layer of oil, or using a 
windshield around the gas holder water seal.
    We do not have information from emission tests, control 
information, or cost information on gas holders. We are requesting 
comment and additional information on emissions, controls, and costs of 
controls for this emission source.
    Wastewater. For wastewater, EPA has previously determined for the 
HON that a beyond-the-floor option of treating streams with HAP 
concentrations greater than 1,000 ppmw (of 40 CFR part 63, subpart G, 
Table 9 HAP), and annual average flow rates greater than 10 l/min 
measured at the point of determination (as specified in 40 CFR part 63, 
subpart G), is cost-effective ($670/ton in 2010 dollars). The analysis 
previously conducted for the HON is applicable to PVC, because the 
cost-effectiveness of wastewater treatment depends on the wastewater 
flow and HAP concentration, not on the type of process unit from which 
the wastewater stream is generated. The same treatment systems (steam 
stripping or biotreatment), and the same measures to prevent 
atmospheric emissions from the systems conveying the wastewater streams 
to the treatment systems, are applicable to wastewater streams that 
meet these criteria. Furthermore, 35 percent of PVC production 
facilities are co-located with chemical manufacturing process units 
that are subject to the HON, and could potentially route PVC wastewater 
streams (if any) that meet the total HAP criteria to existing HON 
wastewater treatment processes to meet these limits. Consequently, we 
are proposing that streams with HAP concentrations greater than 1,000 
ppmw (of 40 CFR part 63, subpart G, Table 9 HAP), and annual average 
flow rates greater than 10 l/min be treated as specified in the HON 
requirement as a beyond-the-floor HAP emissions reduction approach. 
Based on information submitted by PVC production facilities, we are not 
aware of any wastewater streams from affected sources that are above 
these flow rate and concentration limits. Therefore, we estimate that 
there are no additional costs or emission reductions because all 
facilities are below the 1,000 ppmw total HAP concentration and 10 l/
min flow rate limits. However, the limit will ensure that, if there are 
any wastewater streams meeting the total HAP and flow rate criteria, 
they will be controlled.
    Additionally, wastewater generated during maintenance activities is 
not currently regulated by 40 CFR part 61, subpart F. We requested and 
received

[[Page 29550]]

limited information on vinyl chloride and HAP concentrations in 
maintenance wastewater streams. We are requesting comment on whether 
maintenance wastewater should have separate limits from inprocess 
wastewater. We are also soliciting additional data relevant to setting 
a maintenance wastewater MACT standard.
    Other Emission Sources. We did not identify more stringent control 
requirements than what we are proposing to require at the MACT floor to 
reduce emissions from reactor and equipment openings. The proposed MACT 
standard requires that, prior to being opened, emissions from reactor 
and process component openings must be reduced to a specified level and 
ducted through a closed vent system and control device that would meet 
the proposed emission limits for process vents. We did identify an 
additional work practice that could be used to minimize emissions from 
all PVC production facilities. One facility identified placing filter 
bags, strainers, and other removable separation media in closed and 
sealed containers that remain closed and sealed unless being actively 
filled or emptied to minimize emissions. However, we do not have 
information on the costs and emission reductions of this work practice, 
or the procedures followed. We request comments, and any further 
information, including cost and performance data, on this practice, and 
other work practices that are being followed by the industry to 
minimize emissions from other emission sources.
    Stripped Resin. For stripped resins, we determined that facilities 
would use additional steam in existing equipment to reduce the 
concentrations of residual vinyl chloride and total HAP to meet the 
limits for resins being proposed. We believe that additional stripping 
in existing equipment beyond what would be required to meet the 
proposed limits would not be technically feasible as the incremental 
additional concentration reductions would be either negligible or zero, 
and existing sources may not be able to further reduce concentrations 
to the beyond-the-floor levels without degrading product. However, 
additional HAP emission reductions could be achieved by routing vents 
from process components downstream of the resin stripper (e.g., resin 
dryers and centrifuges) to an incinerator. We then determined the cost 
and emission reductions of applying a 98-percent efficient incinerator 
to the process vents downstream of the resin stripper (e.g., dryer and 
centrifuge vents). The results of the analysis are shown in Table 8.
    Summary of Beyond the Floor Analysis. Table 8 of this preamble 
summarizes the costs of the MACT floor emission level (referred to as 
option 1), and one beyond-the-floor option for stripped resins (option 
2). Option 2 is the same as option 1 plus the installation of a thermal 
oxidizer on vent streams from processes downstream of the resin 
stripper.

 Table 8--Summary of Costs for PVCPU To Comply With MACT Control Options
                      for Existing Sources (2010$)
------------------------------------------------------------------------
                                                               Total
                                           Total capital    annualized
                 Option                        costs           costs
                                            ($million)      ($million/
                                                              Yr)a, b
------------------------------------------------------------------------
1--MACT Floor...........................              16              20
2--Option 1 + additional control of                  370             129
 resin..................................
------------------------------------------------------------------------
\a\ No beyond-the-floor options were analyzed for costs for process
  vents, equipment leaks, and other emission sources. The beyond-the-
  floor options for wastewater and storage vessels do not result in
  costs, because no sources currently meet the beyond-the-floor
  applicability requirements for these emission points.
\b\ Calculated using a 7-percent discount factor.

    Table 9 of this preamble summarizes the emission reductions of each 
pollutant for the MACT control options analyzed.

  Table 9--Summary of Emission Reductions for PVCPU To Comply With the
                MACT Control Options for Existing Sources
------------------------------------------------------------------------
                                                             Option 2
                                                            (Option 1 +
                                          Option 1 (MACT    additional
                Pollutant                  floor)  (tpy)    control of
                                                             stripped
                                                          resin)  (tpy)a
------------------------------------------------------------------------
CDD/CDF TEQ.............................        2.45E-08        2.45E-08
HCl.....................................              33              33
Vinyl chloride..........................             135             176
Total HAP...............................           1,570           2,618
------------------------------------------------------------------------
\a\ No beyond-the-floor options were analyzed for process vents,
  equipment leaks, and other emission sources. The beyond-the-floor
  options for wastewater and storage vessels do not result in emission
  reductions, because no sources currently meet the beyond-the-floor
  applicability requirements for these emission points.

    The results provided in Tables 8 and 9 of this preamble were 
calculated using data gathered for the PVC industry. We estimate that 
applying additional control to reduce emissions from stripped resins 
would result in a total annualized cost of $129 million, and would 
achieve vinyl chloride and total HAP reductions of 176 tpy and 2,618 
tpy, respectively. The incremental cost-effectiveness of adding a 
thermal oxidizer to control emissions from process vents downstream of 
the resin stripper was estimated to be $2.7 million per ton of vinyl 
chloride reduced, and over $100,000 per ton of total HAP reduced. 
Consequently, we determined it was not appropriate to go

[[Page 29551]]

beyond the floor, considering the cost and emission reductions of this 
option. The results of the beyond-the-floor analysis are documented in 
the memorandum, Analysis of Beyond MACT Floor Controls for the 
Polyvinyl Chloride and Copolymers (PVC) Production Source Category, and 
is available in the docket. Table 1 in this preamble summarizes the 
proposed emissions limits for existing PVCPU.
2. Beyond-the-Floor Analysis for New Sources
    Except for wastewater and storage vessels, we did not identify any 
technologies or methods to achieve HAP emission limits more stringent 
than the MACT floor limits, or work practices for new units, based on 
the best performing PVC facilities. The control technologies and work 
practices necessary to achieve the MACT floor levels are generally the 
most effective controls available.
    For wastewater, EPA has previously determined for the HON that a 
beyond-the-floor option of treating streams with HAP concentrations 
greater than 1,000 ppmw (of 40 CFR part 63, subpart G, Table 9 HAP), 
and annual average flow rates greater than 10 l/min is cost-effective 
for new sources ($1,300/ton in 2010 dollars for new sources). For the 
same reasons discussed in section IV.F.1 of this preamble, the analysis 
previously conducted for HON is applicable to PVC because the cost- 
effectiveness of wastewater treatment depends on the wastewater flow 
and HAP concentration, not on the type of process unit the wastewater 
stream is coming from. As discussed in section IV.F.1 of this preamble, 
we are requesting comment on whether maintenance wastewater should have 
separate limits from inprocess wastewater, and requesting data relevant 
to setting a maintenance wastewater MACT standard.
    We also concluded, in section IV.F.1 of this preamble, that it was 
cost-effective ($2,000 to $12,000 per ton of HAP) to require floating 
roof tanks or fixed roof tanks routed to a closed vent system, and 
control device for storage vessels that (1) have a storage capacity 
equal to or greater than 40,000 gallons (151 cubic meters), and store 
material with maximum true vapor pressures greater or equal to 0.75 
psia, or (2) have a storage capacity equal to or greater than 20,000 
gallons, and less than 40,000 gallons, and store material with maximum 
true vapor pressures greater or equal to 4 psia. Consequently, the 
beyond-the-floor options for wastewater and storage vessels are the 
only ones being proposed for new sources. Tables 1 and 3 of this 
preamble summarizes the proposed emissions limits for new PVCPU.
    EPA solicits comment on the proposed beyond-the-floor 
determinations.

G. How did EPA select the compliance and monitoring requirements for 
the proposed rule?

    We are proposing testing, monitoring, notification, recordkeeping, 
and reporting requirements that are adequate to assure continuous 
compliance with the requirements of the proposed rule. These 
requirements are described in detail in various sections in the 
proposed rule. We solicit comment on the proposed compliance and 
monitoring requirements. We selected these requirements based upon our 
examination of the information necessary to ensure that the emission 
standards and work practices are being followed, and that emission 
control devices and process components are maintained and operated 
properly. These proposed requirements impose on facilities the minimum 
burden that is necessary to ensure compliance with the proposed rule.
1. How did we select the compliance and monitoring requirements for 
storage vessels?
    For storage vessels, we are proposing that you meet the operating, 
inspection, repair, and maintenance requirements in 40 CFR 63.11910 of 
the proposed rule, as discussed in section III.F.1 of this preamble. We 
are proposing work practice standards to ensure that pressure vessels 
and fixed roof storage tanks are being operated correctly and 
maintained. Pressure vessels, during purging and filling, are required 
to meet the closed vent system and control device requirements 
specified in 40 CFR 63.11910(c)(1) of the proposed rule. Annual 
monitoring of potential leak interfaces on pressure vessels using EPA 
Method 21 is proposed to be used to verify there are no leaks. Any 
detectable emissions would be considered a violation of the rule. These 
requirements ensure that pressure vessels do not vent to the 
atmosphere. We are requesting comment on this requirement.
    Floating roof storage vessels would be required to comply with the 
operation, maintenance, and inspection requirements of 40 CFR part 63 
subpart WW. The requirements of subpart WW are in many EPA standards, 
such as the Miscellaneous Organic NESHAP (MON), and provide more 
current compliance requirements that better reflect the current state 
of operations for the industry. The subpart WW provisions for floating 
roof tanks would ensure that floating roof vessels operate correctly by 
requiring periodic inspection of the floating roofs.
    If you choose to route vent streams from fixed roof tanks to a 
closed vent system and control device, we are proposing that the 
control device must reduce the inlet VOC emissions by 95 percent, or 
greater. This requirement is based on the provisions of 40 CFR part 60, 
subpart Kb, which provides reduction requirements for fixed roof 
vessels routed to a closed vent system, and control device in 40 CFR 
60.112b(a)(3)(ii). These are achievable reductions for storage tanks 
that have been previously implemented, as in subpart Kb. You would also 
be required to meet the requirements for closed vent systems and 
control devices in 40 CFR 63.11925 and 40 CFR 63.11930 of the proposed 
rule. These requirements would limit the VOC emissions released to the 
atmosphere from storage tanks.
    All types of storage vessels are required to be equipped with 
closure devices. You would also be required to visually inspect the 
fixed roof tanks and their closure devices for defects initially, and 
at least once per calendar year, with the exception of parts of the 
fixed roof that you determine are unsafe to inspect.
    For parts that you have determined are unsafe to inspect, you would 
be required to prepare and maintain written documentation that 
identifies each part and explains why the part is unsafe to inspect, 
and to conduct inspections during times when it is safe to do so (as 
frequently as practicable, but not required more than once per calendar 
year). We have included provisions intended to clarify the required 
intervals between inspections, because we have received comments during 
development of prior rules that some requirements could be subject to 
different interpretations. For example, a requirement to conduct 
inspections ``annually'' could be read to mean in every calendar year, 
no later than the date 1 year after the previous inspection, or in the 
same month every year. To address concerns about when inspections must 
be conducted if the storage vessel is out of service on the date when 
the inspection must be completed, instead of proposing to require 
inspections ``annually,'' we are proposing a requirement to conduct 
inspections at least ``once per calendar year.'' For fixed roof parts 
that are unsafe to inspect, an inspection may be delayed until an 
alternative storage vessel can be made available, and the vessel to be 
inspected can be emptied and temporarily removed from service.

[[Page 29552]]

The inspection must be conducted before the fixed roof storage vessel 
is returned to service. These provisions are provided in 40 CFR 
63.11910(a)(3) of the proposed rule.
    We have included fixed roof repair provisions in 40 CFR 
63.11910(a)(4) of the proposed rule for when a defect is identified. 
These requirements are based on the requirements in 40 CFR 63.1063(e) 
of 40 CFR part 63, subpart WW. We have made one clarification to the 
conditions under which delay of repair extensions are allowed. You must 
make a first attempt to repair the defect no later than 5 calendar days 
after detection, and complete the repair as soon as possible, but no 
later than 45 calendar days after detection. The delay of repair 
provisions would allow delay beyond 45 calendar days if you determine 
that the repair requires emptying or temporary removal from service of 
the storage vessel, and no alternative storage capacity is available at 
the site. You would be required to repair the defect the next time 
alternative storage capacity becomes available, and the storage vessel 
can be emptied, or temporarily removed from service.
    Under 40 CFR 63.11910(c) of the proposed rule, pressure vessels, as 
defined in proposed 40 CFR 63.12010, may not vent to the atmosphere, 
but must instead be vented back into the process, or vented to a closed 
vent system and control device. These provisions have been included in 
40 CFR 63.11910(c) of the proposed rule to ensure that the pressure 
vessel stream is not inadvertently directed to the atmosphere.
2. How did we select the compliance and monitoring requirements for 
equipment leaks?
    For equipment leaks, we are proposing in 40 CFR 63.11915 of the 
proposed rule, as discussed in section III.F.2 of this preamble, that 
you meet the LDAR requirements of 40 CFR part 63, subpart UU, which 
defines leak thresholds and monitoring frequencies for each type of 
equipment. These requirements are already being used at several PVCPU 
and in other source categories, and have been shown to be effective in 
minimizing emissions from leaking equipment.
    Release events from PRD have the potential to emit large quantities 
of HAP. We are concerned that a large number of these releases that 
occur may not be identified and controlled in a timely manner and may 
be due to repeat problems that have not been corrected. The end result 
would be significant increases in annual HAP emissions. To address this 
issue, we are proposing that you be required to install electronic 
indicators on each PRD that would be able to identify and record the 
time and duration of each pressure release.
3. How did we select the compliance and monitoring requirements for 
heat exchangers?
    For heat exchange systems, we are proposing in 40 CFR 63.11920 of 
the proposed rule to include requirements equivalent to the primary 
monitoring, recordkeeping, and reporting requirements that were 
finalized for heat exchange systems for Refinery MACT 1 sources (74 FR 
55669), including a LDAR program that requires you to conduct sampling 
and analyses using the TCEQ Modified El Paso Method or EPA Method 
8021B, no less frequently than monthly for existing sources and twice-
daily (12-hour intervals) for new sources. We are proposing a leak 
action level of 38 ppbw of total strippable VOC in the cooling water, 
or 2.9 ppmv of total strippable VOC in the stripping gas for existing 
sources, and a leak action level of 30 ppbw of total strippable VOC in 
the cooling water, or 2.3 ppmv of total strippable VOC in the stripping 
gas for new sources. We are also proposing a delay of repair leak 
action level of 380 ppbw of total strippable VOC in cooling water, or 
29 ppmv of total strippable VOC in the stripping gas for new and 
existing sources.
    In contrast to a water sampling method such as EPA Method 601 or 
624, the TCEQ Modified El Paso Method provides similar detection 
limits, as speciated water analysis and simulates the actual losses 
that might occur from cooling water. Further, the Modified El Paso 
Method helps overcome potential losses of highly VOC during water 
sampling. The sensitivity of the Modified El Paso Method using flame 
ionization detector (FID) analysis is typically 0.1 to 0.5 ppmv (as 
methane) in the stripped air, with 1.0 ppmv (as methane) being typical. 
We note that the Modified El Paso Method has been demonstrated at 
numerous sources as an effective means of identifying leaks in heat 
exchange systems, and the method has been used extensively for over 20 
years.
    We considered the variety of systems that may be monitored, and 
whether the Modified El Paso Method should be used exclusively. For the 
PVC Production source category, a limited number of compounds may be 
present in the process stream for which analytical methods are 
available that can detect these compounds at low concentrations. 
Additionally, for streams containing highly chlorinated organic 
compounds such as vinyl chloride, these alternative methods may provide 
lower detection limits and better sensitivity than using the Modified 
El Paso Method (which uses a flame ionization detector). We believe 
that the specific analytical method used is not critical to the 
emission limitations achieved, provided that the method can accurately 
quantify pollutant concentrations at levels far enough below the leak 
action level that the method could accurately indicate whether or not a 
leak exists. As such, we are proposing to include a direct water 
analysis method in the proposed rule. We are proposing different 
sampling locations and leak repair provisions for heat exchange 
systems, including a cooling tower (i.e., closed-loop recirculation 
systems) and once-through heat exchange systems (e.g., river or 
brackish water), as specified in 40 CFR 63.11920 of the proposed rule. 
For closed-loop recirculation systems, sampling could be conducted at 
the combined return line at the inlet to the cooling tower prior to 
exposure to air. Alternatively, sampling could be conducted in the 
``exit'' lines (i.e., water lines returning the water from the heat 
exchangers to the cooling tower) from an individual heat exchanger or 
bank of heat exchangers. Therefore, if the cooling tower services 
multiple heat exchangers, you could elect to monitor only the heat 
exchangers in HAP service, monitor at branch points that combine 
several heat exchanger exit lines, or monitor at the combined stream 
for the entire closed-loop recirculation system. These provisions allow 
flexibility and potentially reduce the cost of monitoring, while still 
ensuring leak detection. For closed-loop recirculation heat exchange 
systems, the impacts of the potential dilution of the leak from 
aggregation with other process cooling waters are minimized due to the 
physical limitations of quantity of water that can be processed by a 
single cooling tower.
    A once-through heat exchange system consists of one or more heat 
exchangers servicing an individual process unit and all water lines to 
and from the heat exchanger. As such, sampling for once-through heat 
exchange systems must be conducted in exit lines from individual heat 
exchangers, or group of heat exchangers associated with a single 
process unit. If once-through heat exchange systems are not limited to 
a single process unit, a once-through heat exchange system could 
include all heat exchangers at the entire facility. The potential to 
aggregate all cooling water

[[Page 29553]]

at a facility prior to sampling would reduce the effectiveness of the 
leak monitoring methods, and would allow HAP leaks to remain 
undetected, based solely on the dilution effect from the large quantity 
of water processed at the facility. Commenters are encouraged to 
provide additional information and suggestions for sampling 
alternatives that would allow flexibility, but would include a small 
enough number of individual heat exchangers to provide meaningful 
measurements in once-through systems.
    We are also proposing to allow the owner or operator of a once-
through heat exchange system to monitor both the inlet and outlet of an 
individual heat exchanger or group of heat exchangers associated with a 
single process unit, and compare the difference between those two 
measurements to the leak action level to determine if a leak is 
detected. The use of a differential leak is provided for once-through 
systems because the water supply for these systems (often river water 
or ocean water) may contain higher background concentrations of 
hydrocarbons than the purchased water that is used in closed-loop 
recirculation systems.
    The proposed rule allows facilities to use more frequent or 
continuous monitoring as an alternative, but only requires monthly 
monitoring.
4. How did we select the compliance and monitoring requirements for 
process vents?
    As described in section III.F.4 of this preamble, we are proposing 
in 40 CFR 63.11925 through 40 CFR 63.11950 of the proposed rule, 
performance testing, CEMS, and CPMS monitoring requirements to 
demonstrate initial and continuous compliance with the limits in Tables 
1 and 2 of the proposed rule for process vents.
    To demonstrate compliance with the total organic HAP emission 
limits, we are proposing in 40 CFR 63.11945, and in Table 9 of the 
proposed rule, to require initial and annual performance tests using 
EPA Method 25A to measure THC. Because measuring THC is more practical 
than measuring total organic HAP using available test methods, we are 
proposing to allow compliance with the total organic HAP limit to be 
determined by measuring THC. We calculated the THC level that equates 
to the total HAP limit from the THC data reported for the same best 
performing five sources used to calculate the total organic HAP limit. 
During the initial performance test, you would be required to establish 
an operating limit for the control device operating parameters 
specified in 40 CFR 63.11935 and 40 CFR 63.11940 (e.g., incinerator 
temperature). You would then demonstrate continuous compliance with the 
total HAP limit by staying within the operating limit established for 
each operating parameter. In 40 CFR 63.11925 of the proposed rule, we 
are providing the option of using a THC CEMS meeting the specifications 
in 40 CFR Part 60, appendix B, Performance Specification 8A as an 
alternative to CPMS. CEMS have been widely used to demonstrate that air 
pollution control devices are being operated correctly to ensure 
emission limitations are being met.
    To demonstrate initial compliance with the CDD/CDF and HCl emission 
limits, under 40 CFR 63.11925, 40 CFR 63.11935, 40 CFR 63.11940, and 40 
CFR 63.11945 of the proposed rule, compliance would be determined by 
performance tests using EPA Method 18 for vinyl chloride, EPA Method 23 
for CDD/CDF, and either EPA Method 26 or 26A for HCl. Continuous 
compliance with the vinyl chloride, CDD/CDF and HCl emission limits 
would be demonstrated using continuous monitoring of control device 
parameters (e.g., liquid flow rate and pH for scrubbers, and 
temperature and carbon injection rate for activated carbon injection, 
temperature for thermal oxidizers), and annual performance tests for 
CDD/CDF and vinyl chloride. While parameter monitoring has historically 
been a cost-effective monitoring option, CEMS are increasingly being 
used in many different situations, and provide more accurate data for 
demonstrating continuous compliance. As specified in proposed 40 CFR 
63.11925, after EPA publishes final performance specifications for CEMS 
for HCl and CDD/CDF, new sources would be required to use CEMS instead 
of annual testing and CPMS for these pollutants, and existing sources 
would be given the option to use CEMS.
    To demonstrate compliance for process vents, we are also proposing 
in 40 CFR 63.11925 of the proposed rule that you must meet the 
requirements of proposed 40 CFR 63.11930 for each closed vent system, 
and proposed 40 CFR 63.11940 for each control device, including each 
incinerator, absorber, adsorber, condenser, sorbent injection system, 
fabric filter, or other control device.
    The requirements we are proposing for closed vent systems are based 
on the requirements of 40 CFR part 63, subpart SS, although we have 
revised and incorporated new requirements, as discussed below.
    The standards for closed vent systems in 40 CFR 63.11930 of the 
proposed rule include bypass monitoring requirements, and leak 
monitoring and inspection requirements. We are proposing that for all 
closed vent systems, except those systems in vacuum service, as defined 
in 40 CFR 63.12010, for bypasses that do not contain an automatic flow 
control valve and have manual lock-and-key flow control valves, anytime 
the manual valve is opened, it would result in a violation. If you 
install and maintain a bypass flow indicator equipped with an automatic 
alarm system, then any indication of flow through the bypass is a 
violation, but the action of opening the valve is not a violation. 
These provisions are to ensure that any flow directed to a bypass is 
detected and addressed by the operator. We have not included monitoring 
exemptions for difficult-to-inspect, or unsafe-to-inspect equipment. 
Instead, we are proposing that you maintain and follow a written plan 
that requires inspecting the equipment designated as unsafe-to-inspect 
as frequently as practical during safe-to-inspect times, but not more 
frequently than the otherwise applicable annual inspection schedule.
    For the leak monitoring and inspection requirements in 40 CFR 
63.11930 of the proposed rule, we have added provisions based on 40 CFR 
part 60, subpart VVa, which require a calibration drift assessment for 
the leak detection instrument at the end of each monitoring day. The 
post-test calibration drift assessments constitute good practice, and 
are a useful quality assurance/quality control tool to validate the 
proper operation of the leak detection instrument during the monitoring 
period, and, hence, the measurement data.
    We are proposing that closed vent systems that operate in vacuum 
service, as defined in 40 CFR 63.12010 of the proposed rule, are not 
required to perform the leak monitoring and inspection requirements 
required for other closed vent systems. However, if you choose to 
operate in vacuum service under 40 CFR 63.11930 of the proposed rule, 
you would be required to install a pressure gauge and an automatic 
alarm system capable of alerting an operator immediately when the 
closed vent system is no longer in vacuum service. Unless you meet the 
monitoring and inspection requirements of 40 CFR 63.11930 of the 
proposed rule for closed vent systems, which are not in vacuum service, 
if a loss of vacuum alarm is triggered, you would be in violation of 
the rule, and would be required to bring the closed vent system back 
into vacuum service. These requirements ensure that vacuum systems 
remain in

[[Page 29554]]

compliance with the rule and do not leak.
    For process vents that must demonstrate compliance using a control 
device and continuous monitoring using a CPMS, the parameters that 
would be monitored for each type of control device are specified in 
proposed 40 CFR 63.11940. The monitoring requirements for each control 
device were primarily based on requirements from 40 CFR part 63, 
subpart SS, and 40 CFR part 63, subpart FFFF, with additional 
requirements added for new control devices, and significant revisions 
for adsorbers, which are discussed in this section.
    In 40 CFR 63.11940 of the proposed rule, we have revised the former 
40 CFR part 63, subpart SS requirements for ``carbon adsorbers'' to 
apply to ``adsorbers,'' and modified the applicability to pertain to 
adsorbers containing carbon, zeolite, adsorbing polymers, or any other 
adsorbents. This change reduces the need for owners and operators to 
request alternative controls, and for EPA to review these requests. The 
proposed rule has been written to address known performance issues for 
adsorbers, including the regeneration frequency of the adsorbent, the 
effectiveness of regeneration, the life of the adsorbent material 
before replacement is required, mechanical issues with the system 
operation, including valve sequencing, and for non-regenerative 
systems, the expected life of the bed before replacement. We are 
proposing several monitoring approaches for non-vacuum systems, 
regenerative adsorption systems, and non-regenerative adsorption 
systems, based on requirements from 40 CFR part 63, subparts G, SS, 
GGG, MMM, FFFF, GGGGG, and BBBBBB, as well as approaches which have 
been reviewed and approved by EPA through alternative monitoring 
requests, and which we believe have universal applicability.
    Under 40 CFR 63.11925(b) of the proposed rule, we are not allowing 
process vents to be routed to a flare due to the potential for acid-gas 
formation from combustion of halogenated streams at PVCPU. We have 
included in 40 CFR 63.11940 of the proposed rule compliance and 
monitoring requirements for control devices not covered by 40 CFR part 
63, subpart SS, including sorbent injection systems and fabric filters. 
The compliance requirements for sorbent injection systems were based on 
the NESHAP for the Portland cement manufacturing industry, and the 
compliance requirements for fabric filters were modeled after the 
Pesticide Active Ingredient Production NESHAP (40 CFR part 63, subpart 
MMM, as referenced by the MON), and the Portland Cement Manufacturing 
NESHAP (40 CFR part 63, subpart LLL).
    We have also included requirements from the MON for batch 
processing operations, as discussed in section IV.G.8 of this preamble.
5. How did we select the compliance requirements for wastewater?
    As specified in 40 CFR 63.11965 of the proposed rule, we are 
proposing that you must conduct an initial test for wastewater streams 
from the affected source to determine the vinyl chloride concentration, 
the total HAP concentration (including all HAP listed in Table 9 of 40 
CFR part 63, subpart G), and the flow rate. The concentration tests 
would be conducted using EPA Method 107 for sampling, in combination 
with RCRA Method SW-8260B, Volatile Organic Compounds by Gas 
Chromatography/Mass Spectrometry (GC/MS), and EPA Method 305, 
Measurement of Emission Potential of Individual Volatile Organic 
Compounds in Waste, for analysis. EPA Method 107 is commonly used in 
this source category as both a sampling and analytical method for vinyl 
chloride. We are proposing to require RCRA Method SW-8260B for analysis 
of HAP except for methanol because it provides concentrations for vinyl 
chloride, as well as other HAP. We are proposing to require EPA Method 
305 for analysis of methanol. Prior to testing, you would be required 
to submit a test plan for EPA approval that includes your proposed 
method for analysis using these methods.
    For wastewater, you would be required to test for vinyl chloride at 
the point where the wastewater is generated, and test for Table 9 HAP 
at the point of determination, as defined in 40 CFR part 63, subpart G. 
The HAP most prevalent in wastewater, and in the largest amounts for 
this source category, is vinyl chloride, which is volatile, and is 
easily stripped. Testing at the point of generation is necessary to get 
an accurate assessment of the amount of vinyl chloride in the 
wastewater stream before it potentially volatizes in the downstream 
wastewater processes.
    Wastewater streams that contain less than 10 ppmw vinyl chloride 
(at the point of generation), and wastewater streams that either 
contain less than 1,000 ppmw total HAP, or have a flow rate less than 
the 10 l/min criteria (at the point of determination, as defined by 40 
CFR part 63, subpart G), are not required to further reduce emissions, 
but must remain below these levels. You would test periodically at the 
same locations, and using the same test methods described above, to 
verify that the stream concentration stays below these levels. 
Wastewater streams would be tested monthly. We believe these are the 
least burdensome intervals to test for wastewater, considering the 
variety of resin grades that may be produced, while still ensuring 
compliance with the proposed emission limits. There are also proposed 
requirements in 40 CFR 63.11975(d) of the rule for demonstrating that 
you remain below the 10 l/min flow rate criterion. These would be 
required for wastewater streams that are not required to apply 
additional control because they are below the 10 l/min flow rate 
criterion. The flow rate determination procedures are consistent with 
the HON, which is the basis of the flow rate criterion.
    Under 40 CFR 63.11970 and 40 CFR 63.11975 of the proposed rule, you 
would conduct an initial compliance test and monthly testing to 
demonstrate compliance with the wastewater stripper outlet 
concentration limit. In addition, during your performance test, you 
would be required to establish operating ranges for your wastewater 
vacuum stripper, including steam-to-feed ratios and wastewater stripper 
temperature, and also the vacuum level measured in the column for 
wastewater vacuum strippers. These operating parameters are good 
indicators of wastewater stripper performance and proper operation. You 
would use a CPMS to continuously monitor control device operating 
parameters to demonstrate that you meet these operating parameter 
limits.
    If the wastewater stream exceeds the 1,000 ppmw HAP concentration 
(measured at the point of determination, and based on the list of HAP 
in Table 9 of 40 CFR part 63, subpart G), and exceeds an annual average 
flow rate of 10 l/min (as measured at the same point of determination), 
then you would be required, under 40 CFR 63.11970(a)(2) of the proposed 
rule, to comply with the subpart G Group 1, wastewater suppression and 
treatment requirements, and conduct the compliance testing and 
monitoring required in subpart G. As discussed in section IV.F of this 
preamble, this proposed requirement is a beyond-the-floor option 
selected because it was determined to be cost-effective in the HON. 
Consequently, we are proposing that you comply with the HON testing and 
monitoring requirements for these streams.

[[Page 29555]]

6. How did we select the compliance requirements for stripped resin?
    As discussed in section III.F.6 of this preamble, we are proposing 
in 40 CFR 63.11960 of the proposed rule that you conduct initial and 
continuous performance tests to demonstrate compliance with the 
proposed vinyl chloride limits and monthly performance tests to 
demonstrate compliance with the proposed total HAP limits for stripped 
resin. The tests would be conducted at the outlet of the resin stripper 
as the stripped resin exits the stripper for continuous processes and 
immediately after stripping for batch processes. You would be required 
to use EPA Method 107 in combination with RCRA Method SW-8260B, and to 
include in your test plan a proposed method for analysis using these 
methods. Affected sources are currently measuring vinyl chloride using 
EPA Method 107 to comply with limits in the part 61 NESHAP, and would 
continue to do so under this proposed rule. Initial and subsequent 
sampling for vinyl chloride would follow the same requirements as those 
in part 61 NESHAP. You would be required to sample for total HAP 
initially, and then on a monthly basis to demonstrate continuous 
compliance. We are proposing that RCRA Method SW-8260B also be used to 
analyze for concentrations of organic HAP in the stripped resin other 
than vinyl chloride. You would be required to submit the test plan for 
EPA approval.
    The MACT floor limits for total HAP were based on averages of 30 
days of resin sampling. We are proposing that samples be taken monthly, 
and compliance be demonstrated, based on a 12 month rolling average of 
the 12 most recent months. In the first 12 months following your 
demonstration of initial compliance, you would be required to 
demonstrate continuous compliance with the total HAP emission limit on 
a monthly basis, using the same procedures required for initial 
compliance. We request comment on adding an alternative to allow you, 
in these first 12 months, to use data collected in the year preceding 
your initial compliance to demonstrate continuous compliance. You would 
also be required to conduct your monthly monitoring for total HAP on a 
day that you are producing the resin grade of which you manufacture the 
most, based on total mass of resin produced in the month preceding the 
sampling event. To allow you flexibility in selecting this sampling 
day, sampling is required monthly, with a minimum of 12 sampling events 
per year, but individual sampling events may be 3 to 5 weeks apart.
    In addition, during your initial performance test, you would be 
required to establish operating ranges for your resin steam or vacuum 
stripper, including steam-to-feed ratios and stripper temperature, and 
also the vacuum level measured in the component for vacuum strippers. 
You would use a CPMS to continuously monitor control device operating 
parameters. The proposed monitoring, recordkeeping, and reporting 
requirements are necessary to ensure compliance with the proposed 
emission limits.
7. How did we select the compliance requirements for other emission 
sources?
    Other emission sources include reactor and other component opening 
losses. Reactor exhaust gas streams and any HAP removed from process 
component openings must be ducted through a closed vent system and 
control device. Therefore, we are proposing the same compliance 
requirements for these emission sources as those requirements for 
process vents.
8. How did we select the compliance requirements for batch process 
operations?
    We are proposing compliance language, based on the MON, to 
accommodate batch process vents. The MON primarily references the batch 
process vent provisions in the Pharmaceuticals Production NESHAP (40 
CFR part 63, subpart GGG), but includes some changes and exceptions 
when specifying how to calculate uncontrolled emissions from batch 
process vents (including emission episode equations), as well as 
requiring performance testing under worst-case conditions. Although the 
MON uses a hierarchy to determine applicable requirements for combined 
emission streams (e.g., it allows you to comply with only the batch 
process vent requirements for combined batch and continuous process 
vents), 40 CFR 63.11945(b)(3) of the proposed rule requires that you 
meet all requirements for each emission stream type in a combined 
emission stream (i.e., both continuous and batch process vent 
requirements must be met). The proposed rule is written in this way to 
ensure compliance for each emission stream.
    Additionally, we revised the purging emission episode equation 
included in 40 CFR 63.1257(d)(2)(i)(B) (Equation 12). This equation 
specifies that the partial pressure of HAP shall be assumed to be 25 
percent of the saturated value if the purge flow rate is greater than 
100 standard cubic feet per minute (scfm). We revised this requirement 
to incorporate iterative methodology equations from the Miscellaneous 
Coating Manufacturing NESHAP (40 CFR 63.8050(c)(1)(ii)), requiring you 
to determine a HAP-specific saturation factor, and are calling the 
episode ``gas sweep of a partially filled vessel,'' in lieu of 
``purging.'' This revision is in accordance with Volume II, Chapter 16 
of the Emission Inventory Improvement Program (EIIP), issued August 
2007. This change includes site-specific values where possible, and 
ensures that the calculated emissions are more accurate.

H. How did EPA determine compliance times for the proposed rule?

    Section 112 of the CAA provides limits for the dates by which 
affected sources must comply with the emission standards. New or 
reconstructed units must be in compliance with the final rule 
immediately upon startup, or the date the final rule is published in 
the Federal Register, whichever is later. The proposed rule allows 
existing sources 3 years to comply with the final rule, which is the 
maximum period allowed by the CAA. We believe that 3 years for 
compliance is necessary to allow adequate time to design, install, and 
test control systems, as well as obtain permits for the use of add-on 
controls. We welcome comment on the proposed compliance dates.

I. How did EPA determine the required records and reports for this 
proposed rule?

    Section 112 of the CAA requires the EPA to develop regulations that 
include requirements for reporting the results of testing and 
monitoring performed to determine compliance with the standards. You 
would be required to comply with the applicable requirements in the 
NESHAP General Provisions, subpart A of 40 CFR part 63, as referenced 
in Table 5 of the proposed rule. We evaluated the General Provisions 
requirements, and included those we determined to be the minimum 
notification, recordkeeping, and reporting necessary to ensure 
compliance with, and effective enforcement of, this rule, as proposed. 
The reports that we are proposing to be required are presented in 40 
CFR 63.11985 of the proposed rule.
    We also reviewed the necessary records that need to be kept to 
demonstrate continuous compliance with the proposed emission limits and 
work practice standards. These

[[Page 29556]]

recordkeeping requirements are specified either directly in the 
proposed rule, in the General Provisions to 40 CFR part 63, or in other 
rules to which the proposed rule refers. Recordkeeping requirements are 
found in the proposed 40 CFR 63.11990. We are proposing that records be 
kept for 5 years, in a form suitable and readily available for EPA 
review. We are proposing that records be kept on site for 2 years, and 
you can keep the records off site for the remaining 3 years.
    The General Provisions include specific requirements for 
notifications, recordkeeping, and reporting. The reports are specified 
in proposed 40 CFR 63.11985.
    The notification of compliance status report required by 40 CFR 
63.9(h) must include certifications of compliance with rule 
requirements. The excess emissions and continuous system performance 
report and summary report required by 40 CFR 63.10(e)(3) of the NESHAP 
General Provisions (referred to in the rule as a compliance report) 
would be required to be submitted semiannually for reporting periods 
during which there was an exceedance of any emission limit, or a 
monitored parameter, or a deviation from any of the requirements in the 
rule occurred, or if any process changes occurred, and compliance 
certifications were reevaluated.
    The part 61 NESHAP requires that, within 10 days of any discharge 
from a PRD to the atmosphere, the owners or operators must submit to 
the Administrator a report containing information on the source, 
nature, and cause of the discharge, the date and time of the discharge, 
duration of the discharge, the approximate emissions during the 
discharge, and the method used for determining the HAP emitted (i.e., 
the calculation method). The report must also include a description of 
the actions taken to prevent the discharge, and measures adopted to 
prevent future discharges. We are proposing to extend this 
recordkeeping and reporting requirement to violations associated with 
bypasses, pressure vessels and closed vent systems in vacuum service as 
discussed in section III.H of this preamble. We solicit comment on the 
proposed recordkeeping and reporting requirements.

J. What are the startup, shutdown, and malfunction provisions?

    Consistent with Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 2008), 
EPA is proposing standards in this rule that apply at all times. In 
proposing the standards in this rule, EPA has taken into account 
startup and shutdown periods, and, for the reasons explained below, has 
not proposed different standards for those periods. We solicit comment 
on this approach.
    We expect facilities can meet the proposed emission standards 
during startup and shutdown. For process vents, control is achieved by 
routing vents to thermal oxidizers, or vent gas absorbers. During 
startup, it is common practice to start the thermal oxidizers using 
natural gas, before process vent emissions are routed to them, so that 
the oxidizers are at the required temperature prior to receiving the 
vent streams and will accomplish the same level of control that they 
would during normal operation. Vent gas absorbers operate such that 
vent streams can be routed to them at all times. For wastewater streams 
and stripped resins, we expect that during startup, streams normally 
fed to the wastewater stripper and resin stripper are recycled back to 
the process until the correct stripper steam to feed ratio is 
established. At such time, the feed streams are no longer recycled back 
to the process, and are then sent through the stripper to remove HAP to 
the required levels. For batch processes, startups and shutdowns are a 
part of their normal daily operations. For the other emission points, 
the proposed rule requires work practices that can be followed during 
startup and shutdown. Additionally, we are proposing that process 
components, such as reactors, cannot be opened except when the process 
or process component is shut down. The proposed rule includes several 
requirements to reduce emissions during openings.
    Periods of startup, normal operations, and shutdown are all 
predictable and routine aspects of a source's operations. However, by 
contrast, malfunction is defined as a ``sudden, infrequent, and not 
reasonably preventable failure of air pollution control and monitoring 
equipment, process equipment or a process to operate in a normal or 
usual manner * * *.'' (40 CFR 63.2). EPA has determined that 
malfunctions should not be viewed as a distinct operating mode, and, 
therefore, any emissions that occur at such times do not need to be 
factored into development of CAA section 112(d) standards, which, once 
promulgated, apply at all times. In Mossville Environmental Action Now 
v. EPA, 370 F.3d 1232, 1242 (DC Cir. 2004), the Court upheld as 
reasonable standards that had factored in variability of emissions 
under all operating conditions. However, nothing in CAA section 112(d) 
or in case law requires that EPA anticipate and account for the 
innumerable types of potential malfunction events in setting emission 
standards. See, Weyerhaeuser v. Costle, 590 F.2d 1011, 1058 (DC Cir. 
1978) (``In the nature of things, no general limit, individual permit, 
or even any upset provision can anticipate all upset situations. After 
a certain point, the transgression of regulatory limits caused by 
`uncontrollable acts of third parties,' such as strikes, sabotage, 
operator intoxication or insanity, and a variety of other 
eventualities, must be a matter for the administrative exercise of 
case-by-case enforcement discretion, not for specification in advance 
by regulation.'').
    Further, it is reasonable to interpret CAA section 112(d) as not 
requiring EPA to account for malfunctions in setting emissions 
standards. For example, we note that CAA section 112 uses the concept 
of ``best performing'' sources in defining MACT, the level of 
stringency that major source standards must meet. Applying the concept 
of ``best performing'' to a source that is malfunctioning presents 
significant difficulties. The goal of best performing sources is to 
operate in such a way as to avoid malfunctions of their units.
    Moreover, even if malfunctions were considered a distinct operating 
mode, we believe it would be impracticable to take malfunctions into 
account in setting CAA section 112(d) standards for PVC and copolymer 
production. As noted above, by definition, malfunctions are sudden and 
unexpected events, and it would be difficult to set a standard that 
takes into account the myriad different types of malfunctions that can 
occur across all sources in the category. Moreover, malfunctions can 
vary in frequency, degree, and duration, further complicating standard 
setting.
    In the event that a source fails to comply with the applicable CAA 
section 112(d) standards, as a result of a malfunction event, EPA would 
determine an appropriate response based on, among other things, the 
good faith efforts of the source to minimize emissions during 
malfunction periods, including preventative and corrective actions, as 
well as root cause analyses to ascertain and rectify excess emissions. 
EPA would also consider whether the source's failure to comply with the 
CAA section 112(d) standard was, in fact, ``sudden, infrequent, not 
reasonably preventable,'' and was not instead ``caused in part by poor 
maintenance or careless operation.'' 40 CFR 63.2 (definition of 
malfunction).
    Finally, EPA recognizes that even equipment that is properly 
designed and maintained, can sometimes fail and that such failure can 
sometimes cause an exceedance of the relevant emission standard. (See, 
e.g., State

[[Page 29557]]

Implementation Plans: Policy Regarding Excessive Emissions During 
Malfunctions, Startup, and Shutdown (Sept. 20, 1999); Policy on Excess 
Emissions During Startup, Shutdown, Maintenance, and Malfunctions (Feb. 
15, 1983)). EPA is therefore proposing to include an affirmative 
defense to civil penalties for exceedances of emission limits. See 40 
CFR 63.12010 of the proposed rule (defining ``affirmative defense'' to 
mean, in the context of an enforcement proceeding, a response or 
defense put forward by a defendant, regarding which the defendant has 
the burden of proof, and the merits of which are independently and 
objectively evaluated in a judicial or administrative proceeding). We 
also are proposing other regulatory provisions to specify the elements 
that are necessary to establish this affirmative defense; the source 
must prove by a preponderance of the evidence that it has met all of 
the elements set forth in 40 CFR 63.11895 of the proposed rule. (See 40 
CFR 22.24). The criteria ensure that the affirmative defense is 
available only where the event that causes an exceedance of the 
emission limit meets the narrow definition of malfunction in 40 CFR 
63.2 (sudden, infrequent, not reasonable preventable and not caused by 
poor maintenance and or careless operation). For example, to 
successfully assert the affirmative defense, the source must prove by a 
preponderance of the evidence that excess emissions ``[w]ere caused by 
a sudden, infrequent, and unavoidable failure of air pollution control 
and monitoring equipment, process equipment, or a process to operate in 
a normal or usual manner * * *.'' The criteria also are designed to 
ensure that steps are taken to correct the malfunction, to minimize 
emissions in accordance with 40 CFR 63.11895 of the proposed rule and 
to prevent future malfunctions. For example, the source must prove by a 
preponderance of the evidence that ``[r]epairs were made as 
expeditiously as possible when the applicable emission limitations were 
being exceeded * * * '' and that ``[a]ll possible steps were taken to 
minimize the impact of the excess emissions on ambient air quality, the 
environment and human health * * *.'' In any judicial or administrative 
proceeding, the Administrator may challenge the assertion of the 
affirmative defense and, if the respondent has not met its burden of 
proving all of the requirements in the affirmative defense, appropriate 
penalties may be assessed in accordance with section 113 of the CAA 
(see also 40 CFR 22.77).

V. Impacts of the Proposed PVC Rule

    The impacts presented in this section include the impacts for PVC 
production facilities to comply with the proposed rule, and with the 
requirements of other subparts referenced by the proposed rule.

A. What are the air impacts?

    We have estimated the potential emission reductions that may be 
realized through implementation of the proposed emission standards. 
Table 10 of this preamble summarizes the emission reductions for 
compliance for each pollutant and emission point. The analysis is 
documented in the memorandum, Costs and Emission Reductions of the 
Proposed Standards for the Polyvinyl Chloride and Copolymers (PVC) 
Production Source Category, and is available in the docket.

              Table 10--Emission Reductions of the Proposed PVC and Copolymers Production Standards
----------------------------------------------------------------------------------------------------------------
                                                                      Pollutant emission reductions (tpy)
                                                              --------------------------------------------------
                        Emission point                           Vinyl
                                                               chloride   Total HAP   CDD/CDF (TEQ)      HCl
----------------------------------------------------------------------------------------------------------------
Process vents................................................     0.085       2.26 a       2.45E-08           33
Stripped resin...............................................   129         853                   0            0
Wastewater...................................................     0.40        0.40                0            0
Equipment leaks..............................................     0         680                   0            0
Storage vessels..............................................     0           0                   0            0
Other emission sources.......................................     0           0                   0            0
Heat exchange systems........................................     5.3        35                   0            0
                                                              --------------------------------------------------
    Total....................................................   135       1,570            2.45E-08           33
----------------------------------------------------------------------------------------------------------------
a Emission reductions for process vents are stated as total organic HAP; this value does not include HCl
  reductions.

    We estimated emission reductions of the proposed rule for each 
emission point. For all emission points, we first calculated emissions 
at the current level of control for each facility (referred to as the 
baseline level of control), and at the proposed level of control. We 
calculated emission reductions as the difference between the proposed 
level and baseline.
    For process vents, we calculated baseline emissions from the 
measured HAP concentrations at the outlet of the control devices, and 
HAP emissions using the proposed emission limits, in combination with 
the vent stream flow rates measured during emission tests.
    For stripped resins, we calculated emissions assuming that all the 
HAP remaining in the resin would eventually be emitted from processes 
downstream of the resin stripper. This assumption results in a 
calculation of the potential emissions at the baseline stripped resin 
concentration levels, and proposed MACT concentration levels. Emissions 
were calculated from the HAP concentration in the stripped resin, and 
the resin production rate.
    For wastewater, we estimated the emissions from the HAP 
concentration in the uncontrolled wastewater streams, in the controlled 
wastewater streams, and the wastewater flow rates or generation rates.
    For equipment leaks, we estimated emissions for the baseline LDAR 
program in use at each facility, and the proposed equipment leaks 
requirements using model equipment counts, average emission factors for 
leaking equipment provided in previous EPA studies, and control 
efficiencies for LDAR programs provided in previous EPA studies. Model 
equipment counts were used because actual equipment counts were not 
collected in survey questionnaires sent to the industry. The survey 
requested information only on regulatory LDAR programs currently in 
place at each facility, and the costs for the facility to conduct the 
LDAR program.
    We calculated emissions from heat exchange systems from emissions 
information provided in information survey responses provided by 
affected sources. Emission reductions from heat exchange systems were 
calculated assuming that, once the LDAR program

[[Page 29558]]

was in effect, emissions would be eliminated due to the low leak action 
level that is being proposed.

B. What are the cost impacts?

    We have estimated compliance costs for all existing sources to add 
the necessary controls, monitoring devices, inspections, recordkeeping, 
and reporting requirements to comply with the proposed rule. Based on 
this analysis, we anticipate an overall total capital investment of 
15.6 million, with an associated total annualized cost of $19.7 million 
(using a discount rate of 7 percent), in 2010 dollars, as shown in 
Table 11 of this preamble. We do not anticipate the construction of any 
new PVCPU in the next 5 years, and, therefore, there are no new source 
cost impacts.

  Table 11--Cost Impacts of the Proposed PVC and Copolymers Production
                                Standards
------------------------------------------------------------------------
                                                              Total
                                          Total capital  annualized cost
             Emission Point               cost (million  (million 2010$/
                                              2010$)           yr)
------------------------------------------------------------------------
Process vents...........................          12.5             3.4
Stripped resin..........................           0              14.5
Wastewater..............................           0               0.791
Equipment leaks.........................           3.14            0.638
Storage vessels.........................           0               0
Other emission sources..................           0               0
Heat exchange systems...................           0               0.309
                                         -------------------------------
    Total...............................          15.6            19.7
------------------------------------------------------------------------

    We calculated costs to meet the proposed level of control for each 
emission point. For process vents, we estimated costs to meet the 
proposed level of control for PVCPU that do not currently meet the 
proposed emission limit, based on reported data. For such PVCPU that 
currently use incinerators in combination with acid-gas scrubbers, we 
estimate the cost of compliance through the use of enhanced vinyl 
chloride recovery using a refrigerated condenser to reduce the quantity 
of vinyl chloride combusted to meet the vinyl chloride, HCl, and total 
organic HAP emission limits. If a PVCPU needed only to meet the HCl 
emission limit, we estimated the cost of compliance using a packed bed 
scrubber to reduce HCl emissions. To meet the CDD/CDF levels, costs 
were based on application of activated carbon injection in combination 
with a fabric filter. For PVCPU that currently use an absorber for 
vinyl chloride recovery, cost calculations were based on routing the 
vent gas from the absorber to existing incinerators. Costs calculations 
also included capital and annual costs for testing and monitoring of 
vinyl chloride, HCl, total organic HAP, and CDD/CDF.
    For PVCPU not currently meeting the proposed stripped resin limits, 
costs to meet the proposed level of control were based on additional 
steam being used in the resin stripper to further remove vinyl chloride 
and total HAP from the resin. Testing and monitoring costs were also 
included in the costs to meet the proposed level of control. We are 
aware that there may be concerns about applying additional heat to the 
resin because it might degrade the product. Therefore, we are 
requesting comment on this cost assumption. We are also requesting data 
on the performance of resin strippers when additional steam is added, 
and the limits that resin strippers can achieve without degrading the 
product. We note that the proposed limits for stripped resins were 
calculated, based on the resin analysis data provided by surveyed 
facilities, indicating that some facilities are already achieving the 
emission limits without affecting their products.
    For PVCPU not currently meeting the proposed wastewater stripper 
outlet concentration limit, costs to meet the proposed level of control 
were based on additional steam being used in the wastewater stripper to 
further remove vinyl chloride. Annual costs also include additional 
testing and monitoring required to meet the proposed level of control.
    For equipment leaks, annual costs to conduct LDAR programs were 
provided by PVC production facilities in responses to data collection 
surveys. The average cost difference between PVCPU complying with 40 
CFR part 63, subpart UU and PVCPU complying with other equipment leak 
standards, such as 40 CFR part 61, subpart V, was applied to each PVCPU 
that did not already meet the proposed level of control (i.e., 40 CFR 
part 63, subpart UU). We estimated additional costs for an electronic 
PRD indicator, based on data collected for other EPA projects. We 
calculated costs for complying with the proposed level for heat 
exchange systems, based on information collected for other EPA 
projects. No costs were estimated for the remaining emission points, 
because all affected sources already meet the proposed levels of 
control for them.
    The analysis is documented in the memorandum, Costs and Emission 
Reductions of the Proposed Standards for the Polyvinyl Chloride and 
Copolymers (PVC) Production Source Category, and is available in the 
docket.

C. What are the non-air quality health, environmental, and energy 
impacts?

    We anticipate affected sources would need to apply additional 
controls to meet the proposed emission limits. These controls, such as 
steam strippers and scrubbers, use water. We estimate an annual 
requirement of 380 million gallons per year of additional wastewater 
would be generated as a result of additional steam stripping of PVC 
resin and water used for scrubbers. We also anticipate 106 tpy of dust 
from activated carbon usage that will need to be disposed.
    The energy impacts associated with meeting the proposed emission 
limits would consist primarily of additional electricity needs to run 
added or improved air pollution control devices. By our estimate, we 
anticipate that an additional 5,900 megawatt-hours per year would be 
required for the additional and improved control devices.
    We anticipate secondary air impacts from adding controls to meet 
the standards. The combustion of fuel needed to generate additional 
electricity would yield slight increases in nitrogen oxide 
(NO<INF>X</INF>), carbon monoxide (CO), and sulfur dioxide 
(SO<INF>2</INF>) emissions. Since NO<INF>X</INF> and SO<INF>2</INF> 
emissions and electric generating units are covered by capped emissions 
trading programs, we do not estimate an increase in secondary air 
impacts for these pollutants for this rule form additional electricity 
demand.

[[Page 29559]]

The combustion of additional fuel from additional electrical usage and 
supplemental fuel for incineration devices would yield CO emissions of 
1.3 tpy. The analyses are documented in the memorandum, Secondary 
Impacts of MACT Level of Control for the Polyvinyl Chloride and 
Copolymer (PVC) Production Source Category, and is available in the 
docket.

D. What are the economic impacts of the proposed standards?

    We performed an economic impact analysis for PVC consumers and 
producers nationally, using the annual compliance costs estimated for 
this proposed rule. The impacts to producers affected by this proposed 
rule are annualized costs of less than 0.7 percent of their revenues, 
using the most current year available for revenue data. Prices and 
output for PVC should increase by no more than the impact on cost to 
revenues for producers; thus, PVC prices should increase by less than 
0.7 percent. Hence, the overall economic impact of this proposed rule 
should be low on the affected industries and their consumers. For more 
information, please refer to the Economic Impact Analysis for this 
proposed rulemaking that is in the docket (EPA-HQ-OAR-2002-0037).

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action'' because it raises novel 
legal or policy issues. Accordingly, EPA submitted this action to OMB 
for review under Executive Order 12866 and Executive Order 13563 (76 FR 
3821, January 21, 2011), and any changes made in response to OMB 
recommendations have been documented in the docket for this action.
    In addition, EPA prepared an analysis of the potential costs and 
benefits associated with this action. This analysis is contained in 
Cost and Impacts of the PVC and Copolymers Proposed Standard, in Docket 
ID No. EPA-HQ-OAR-2002-0037. A copy of the analysis is available in the 
docket for this action and the analysis is briefly summarized in 
section V.B of this preamble.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501, et seq. The Information Collection Request (ICR) 
document prepared by EPA has been assigned EPA ICR No. 2432.01.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by CAA section 
114 (42 U.S.C. 7414). All information submitted to EPA pursuant to the 
recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to Agency policies set 
forth in 40 CFR part 2, subpart B.
    The proposed rule would require maintenance inspections of the 
control devices, and some notifications or reports beyond those 
required by the General Provisions. The recordkeeping requirements 
require only the specific information needed to determine compliance. 
The information collection activities in this ICR include the 
following: performance tests, wastewater sampling, resin sampling, LDAR 
monitoring, heat exchanger monitoring, PRD monitoring, operating 
parameter monitoring, preparation of a site-specific monitoring plan, 
monitoring and inspection, one-time and periodic reports, and the 
maintenance of records. Some information collection activities included 
in the NESHAP may occur within the first 3 years, and are presented in 
this burden estimate, but may not occur until 4 or 5 years following 
promulgation of the proposed standards for some affected sources. To be 
conservative in our estimate, the burden for these items is included in 
this ICR. An initial notification is required to notify the Designated 
Administrator of the applicability of this subpart, and to identify 
storage vessels, process vents, stripped resin, equipment leaks, 
wastewater, heat exchange systems, and other emission sources subject 
to this subpart. A notification of performance test must be submitted, 
and a site-specific test plan written for the performance test, along 
with a monitoring plan. Following the initial performance test, the 
owner or operator must submit a notification of compliance status that 
documents the performance test and the values for the operating 
parameters. A periodic report submitted every 6 months documents the 
values for the operating parameters and deviations; a notification of 
inspection of vessels and related inspection records; leaking and 
monitoring information for equipment leaks; and leaking and monitoring 
data for heat exchangers, if greater than leak definition. Owners or 
operators of PVC facilities are required to keep records of certain 
parameters and information for a period of 5 years. The annual testing, 
annual monitoring, reporting, and recordkeeping burden for this 
collection (averaged over the first 3 years after the effective date of 
the standards) is estimated to be $2.5 million. This includes 3,200 
labor hours per year at a total labor cost of $0.3 million per year, 
and total non-labor capital costs of $3.3 million per year. This 
estimate includes initial and annual performance tests, conducting and 
documenting semiannual excess emission reports, maintenance 
inspections, developing a monitoring plan, notifications, and 
recordkeeping. Monitoring and testing cost were also included in the 
cost estimates presented in the control costs impacts estimates in 
section V of this preamble. The total burden for the Federal government 
(averaged over the first 3 years after the effective date of the 
standard) is estimated to be 1,098 hours per year, at a total labor 
cost of $50,482 per year. Burden is defined at 5 CFR 1320.3(b).
    When a malfunction occurs, sources must report them according to 
the applicable reporting requirements of 40 CFR part 63, subpart 
HHHHHHH. An affirmative defense to civil penalties for exceedances of 
emission limits that are caused by malfunctions is available to a 
source if it can demonstrate that certain criteria and requirements are 
satisfied. The criteria ensure that the affirmative defense is 
available only where the event that causes an exceedance of the 
emission limit meets the narrow definition of malfunction in 40 CFR 
63.2 (e.g., sudden, infrequent, not reasonably preventable and not 
caused by poor maintenance or careless operation) and where the source 
took necessary actions to minimize emissions. In addition, the source 
must meet certain notification and reporting requirements. For example, 
the source must prepare a written root cause analysis and submit a 
written report to the Administrator documenting that it has met the 
conditions and requirements for assertion of the affirmative defense. 
EPA considered whether there might be any burden associated with the 
notification, recordkeeping, and reporting requirements associated with 
the assertion of the affirmative defense. While recognizing that any 
such

[[Page 29560]]

burdens are only incurred if there has been a violation and a source 
chooses to take advantage of the affirmative defense. The PVC industry 
is currently required to comply with the part 61 NESHAP requirement for 
releases from pressure relief valves and reactor manual vent valves, 
which does not allow a discharge into the atmosphere from these valves, 
except during an emergency. An emergency discharge means a ``discharge 
which could not have been avoided by taking measures to prevent the 
discharge.'' The owners or operators must, within 10 days of any 
release from a pressure relief valve or a reactor manual vent valve, 
submit a report to the Administrator. The report must include the 
``nature and cause of discharge, the date and time of the discharge, 
the approximate total vinyl chloride loss during the discharge, the 
method used for determining the vinyl chloride loss, the action that 
was taken to prevent the discharge, and measures adopted to prevent 
future discharges. The costs for these reports are already accounted 
for in the ICR burden estimate. Therefore, EPA estimates that there 
would be no additional costs for sources that choose to take advantage 
of the affirmative defense for malfunctions since it is already 
required for compliance with the rule. However, there may be other 
malfunctions that are not currently regulated under the part 61 NESHAP 
that might prompt a source to take advantage of an affirmative defense.
    To provide the public with an estimate of the relative magnitude of 
the burden associated with an assertion of the affirmative defense 
position adopted by a source (for those not already regulated under the 
part 61 NESHAP), EPA is including in the ICR the notification, 
recordkeeping, and reporting requirements associated with the assertion 
of the affirmative defense might entail. EPA's estimate for the 
required notification, reports, and records, including the root cause 
analysis, totals $3,141, and is based on the time and effort required 
of a source to review relevant data, interview plant employees, and 
document the events surrounding a malfunction that has caused an 
exceedance of an emission limit. The estimate also includes time to 
produce and retain the record and reports for submission to EPA. EPA 
provides this illustrative estimate of this burden because these costs 
are only incurred if there has been a violation and a source chooses to 
take advantage of the affirmative defense.
    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 in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, EPA has established a public docket for 
this rule, which includes this ICR, under Docket ID number EPA-HQ-OAR-
2002-0037. Submit any comments related to the ICR to EPA and OMB. See 
ADDRESSES section at the beginning of this notice for where to submit 
comments to EPA. Send comments to OMB at the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW., Washington, DC 20503, Attention: Desk Office for EPA. Since OMB is 
required to make a decision concerning the ICR between 30 and 60 days 
after May 20, 2011, a comment to OMB is best assured of having its full 
effect if OMB receives it by June 20, 2011. The final rule will respond 
to any OMB or public comments on the information collection 
requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) 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 organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on 
small entities, 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 this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any requirements on small entities. To 
EPA's knowledge, there are no small entities subject to the proposed 
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 (UMRA)

    This action does not contain a Federal mandate that may result in 
expenditures of $100 million or more for State, local, and Tribal 
governments, in the aggregate, or the private sector in any one year. 
The total annualized cost of this rule is estimated to be no more than 
$20 million (2010$) in any one year. Thus, this rule is not subject to 
the requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA, because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This rule only 
impacts PVC production facilities, and, thus, does not impact small 
governments uniquely or significantly.

E. Executive Order 13132: Federalism

    The action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. The proposed rule imposes 
requirements on owners and operators of specified major and area 
sources, and not on State or local governments. There are no PVC 
production facilities owned or operated by State or local governments. 
Thus, Executive Order 13132 does not apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed action 
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed 
rule imposes requirements on owners and operators of specified area 
sources, and not Tribal governments. There are no PVC production 
facilities owned or operated by Indian Tribal governments. Thus, 
Executive Order 13175 does not apply to this action. EPA specifically 
solicits

[[Page 29561]]

additional comment on this proposed action from Tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045, because it is based 
solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (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. EPA estimates that the requirements in 
this proposed action would cause most PVCPU to modify existing air 
pollution control devices (e.g., increase the horsepower of their wet 
scrubbers) or install and operate new control devices, resulting in 
approximately 92,000 megawatt-hours per year of additional electricity 
being used.
    Given the negligible change in energy consumption resulting from 
this proposed action, EPA does not expect any significant price 
increase for any energy type. The cost of energy distribution should 
not be affected by this proposed action at all since the action would 
not affect energy distribution facilities. We also expect that any 
impacts on the import of foreign energy supplies, or any other adverse 
outcomes that may occur with regards to energy supplies, would not be 
significant. We, therefore, conclude that if there were to be any 
adverse energy effects associated with this proposed action, they would 
be minimal.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113 (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS.
    This proposed rulemaking involves technical standards. EPA proposes 
to use ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, as an 
acceptable alternative to EPA Method 3B. This standard is available 
from the American Society of Mechanical Engineers (ASME), Three Park 
Avenue, New York, NY 10016-5990.
    No applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F, 
2G, 21, 107, RCRA SW-846, PS-8, PS-9, and the TCEQ Modified El Paso 
Method.
    During the search, if the title or abstract (if provided) of the 
VCS described technical sampling and analytical procedures that are 
similar to EPA's reference method, the EPA ordered a copy of the 
standard and reviewed it as a potential equivalent method. All 
potential standards were reviewed to determine the practicality of the 
VCS for this rule. This review requires significant method validation 
data that meet the requirements of EPA Method 301 for accepting 
alternative methods or scientific, engineering, and policy equivalence 
to procedures in EPA reference methods. EPA may reconsider 
determinations of impracticality when additional information is 
available for particular VCS.
    The search identified 17 other VCS that were potentially applicable 
for this rule in lieu of EPA reference methods. After reviewing the 
available standards, EPA determined that 17 candidate VCS (ASTM D3154-
00 (2006), ASTM D3464-96 (2007), ASTM D3796-90 (2004), ISO 10780:1994, 
ASME B133.9-1994 (2001), ANSI/ASME PTC 19.10-1981 Part 10, ISO 
10396:1993 (2007), ISO 12039:2001, ASTM D5835-95 (2007), ASTM D6522-00 
(2005), CAN/CSA Z223.2-M86 (1999), NIOSH Method 2010, Amines, 
Aliphatic, ASTM D6060-96 (2001), EN 1948-3 (1996), EN 1911-1.2.3 
(1998), ASTM D6735-01, ASTM D4855-97 (2002)) identified for measuring 
emissions of pollutants or their surrogates subject to emission 
standards in the rule would not be practical due to lack of 
equivalency, documentation, validation data and other important 
technical and policy considerations.
    EPA welcomes comments on this aspect of the proposed rulemaking, 
and, specifically, invites the public to identify potentially 
applicable VCS, and to explain why such standards should be used in 
this regulation.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations, because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population.
    An analysis of demographic data shows that the average percentage 
of minorities, percentages of the population below the poverty level, 
and the percentages of the population 17 years old and younger, in 
close proximity to the sources, are similar to the national averages, 
with percentage differences of 3, 1.8, and 1.7, respectively, at the 3-
mile radius of concern. These differences in the absolute number of 
percentage points from the national average indicate a 9.4-percent, 
14.4-percent, and 6.6-percent over-representation of minority 
populations, populations below the poverty level, and the percentages 
of the population 17 years old and younger, respectively.
    In determining the aggregate demographic makeup of the communities 
near affected sources, EPA used census data at the block group level to 
identify demographics of the populations considered to be living near 
affected sources, such that they have notable exposures to current 
emissions from these sources. In this approach, EPA reviewed the 
distributions of different socio-demographic groups in the locations of 
the expected emission reductions from this rule. The review identified 
those census block groups with centroids within a circular distance of 
a 0.5, 3, and 5 miles of affected sources, and determined the 
demographic and socio-economic composition (e.g., race, income,

[[Page 29562]]

education, etc.) of these census block groups. The radius of 3 miles 
(or approximately 5 kilometers) has been used in other demographic 
analyses focused on areas around potential sources.<SUP>7 8 9 10</SUP> 
There was only one census block group with its centroids within 0.5 
miles of any source affected by the proposed rule. EPA's demographic 
analysis has shown that these areas, in aggregate, have similar 
proportions of American Indians, African-Americans, Hispanics, and 
``Other and Multi-racial'' populations to the national average. The 
analysis also showed that these areas, in aggregate, had similar 
proportions of families with incomes below the poverty level as the 
national average, and similar populations of children 17 years of age 
and younger.\11\
---------------------------------------------------------------------------

    \7\ U.S. GAO (Government Accountability Office). Demographics of 
People Living Near Waste Facilities. Washington DC: Government 
Printing Office; 1995.
    \8\ Mohai P, Saha R. Reassessing Racial and Socio-economic 
Disparities in Environmental Justice Research. Demography. 
2006;43(2): 383-399.
    \9\ Mennis J. Using Geographic Information Systems to Create and 
Analyze Statistical Surfaces of Populations and Risk for 
Environmental Justice Analysis. Social Science Quarterly, 
2002;83(1):281-297.
    \10\ Bullard RD, Mohai P, Wright B, Saha R, et al. Toxic Waste 
and Race at Twenty 1987-2007. United Church of Christ. March, 2007.
    \11\ The results of the demographic analysis are presented in 
Review of Environmental Justice Impacts: Polyvinyl Chloride, 
September 2010, a copy of which is available in the docket.
---------------------------------------------------------------------------

    EPA defines Environmental Justice to include meaningful involvement 
of all people regardless of race, color, national origin, or income 
with respect to the development, implementation, and enforcement of 
environmental laws, regulations, and polices. To promote meaningful 
involvement, EPA has developed a communication and outreach strategy to 
ensure that interested communities have access to this proposed rule, 
are aware of its content, and have an opportunity to comment during the 
comment period. During the comment period, EPA will publicize the 
rulemaking via environmental justice newsletters, Tribal newsletters, 
environmental justice listservs, and the Internet, including the EPA 
Office of Policy Rulemaking Gateway Web site (http://yosemite.epa.gov/opei/RuleGate.nsf/). EPA will also conduct targeted outreach to 
environmental justice communities, as appropriate. Outreach activities 
may include providing general rulemaking fact sheets (e.g., why is this 
important for my community) for environmental justice community groups, 
and conducting conference calls with interested communities. In 
addition, State and Federal permitting requirements will provide State 
and local governments, and members of affected communities the 
opportunity to provide comments on the permit conditions associated 
with permitting the sources affected by the proposed rule.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 15, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated 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 DDDDDD--[Amended]

    2. Section 63.11140 is amended by revising paragraph (b)(2) and 
adding paragraph (e) to read as follows:


Sec.  63.11140  Am I subject to this subpart?

* * * * *
    (b) * * *
    (2) An affected source is a new source under this subpart if you 
commenced construction or reconstruction of the affected source on or 
after October 6, 2006 but prior to the effective date of publication of 
the final rule in the Federal Register. An affected source that 
commences construction or reconstruction on and after the effective 
date of publication of the final rule in the Federal Register is not 
subject to this subpart and is required to comply with subpart HHHHHHH 
of this part.
* * * * *
    (e) Each affected source that commences construction or 
reconstruction on and after the effective date of publication of the 
final rule in the Federal Register is required to comply with subpart 
HHHHHHH of this part by the compliance dates specified in subpart 
HHHHHHH. On and after the compliance date specified in subpart HHHHHHH 
of this part that applies to your affected source, the requirements in 
Sec.  63.11140(d) and Sec. Sec.  63.11141 through 63.11145 of this 
subpart do not apply to the affected source.
    3. Part 63 is amended by adding a new subpart HHHHHHH to read as 
follows:

Subpart HHHHHHH--National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyvinyl Chloride and Copolymers 
Production

Sec.

What This Subpart Covers

Sec.  63.11860 What is the purpose of this subpart?
Sec.  63.11865 Am I subject to the requirements in this subpart?
Sec.  63.11870 What is the affected source of this subpart?
Sec.  63.11871 What is the relationship to 40 CFR part 61, subpart 
F?
Sec.  63.11875 When must I comply with this subpart?

Emission Limits, Operating Limits, and Work Practice Standards

Sec.  63.11880 What emission limits, operating limits, and standards 
must I meet?

General Compliance Requirements

Sec.  63.11885 What parts of the General Provisions apply to me?
Sec.  63.11890 What are my additional general requirements for 
complying with this subpart?
Sec.  63.11895 How do I establish an affirmative defense for 
exceedance of an emission limit during malfunction?
Sec.  63.11896 What am I required to do if I make a process change 
to a PVCPU at my affected source?

Testing and Compliance Requirements

Sec.  63.11900 By what date must I conduct initial performance 
testing and monitoring, establish any applicable operating limits, 
and demonstrate initial compliance with my emission limits and work 
practice standards?
Sec.  63.11905 When must I conduct subsequent performance testing 
and monitoring to demonstrate continuous compliance?
Sec.  63.11910 What are my initial and continuous compliance 
requirements for storage vessels?
Sec.  63.11915 What are my compliance requirements for equipment 
leaks?
Sec.  63.11920 What are my initial and continuous compliance 
requirements for heat exchange systems?
Sec.  63.11925 What are my initial and continuous compliance 
requirements for process vents?
Sec.  63.11930 What requirements must I meet for closed vent 
systems?
Sec.  63.11935 What CEMS and CPMS requirements must I meet to 
demonstrate initial and continuous compliance with the emission 
standards for process vent control devices, resin strippers, and 
wastewater treatment processes?
Sec.  63.11940 What continuous monitoring requirements must I meet 
for control devices required to install CPMS to meet the emission 
limits for process vents?

[[Page 29563]]

Sec.  63.11945 What performance testing requirements must I meet for 
process vents?
Sec.  63.11950 What emissions calculations must I use for an 
emission profile by process of my batch process operation?
Sec.  63.11955 What are my initial and continuous compliance 
requirements for other emission sources?
Sec.  63.11956 What are my compliance requirements for ambient 
monitoring?
Sec.  63.11960 What are my initial and continuous compliance 
requirements for stripped resin?
Sec.  63.11965 What are my general compliance requirements for 
wastewater?
Sec.  63.11970 What are my initial compliance requirements for 
wastewater?
Sec.  63.11975 What are my continuous compliance requirements for 
wastewater?
Sec.  63.11980 What are my test methods and calculation procedures 
for wastewater?

Notifications, Reports, and Records

Sec.  63.11985 What notifications and reports must I submit and 
when?
Sec.  63.11990 What records must I keep?
Sec.  63.11995 In what form and how long must I keep my records?
Sec.  63.12000 Who implements and enforces this subpart?

Definitions

Sec.  63.12005 What definitions apply to this subpart?

Tables to Subpart HHHHHHH of Part 63

Table 1 to Subpart HHHHHHH of Part 63--Emission Limits and Standards 
for Existing Affected Sources
Table 2 to Subpart HHHHHHH of Part 63--Emission Limits and Standards 
for New Affected Sources
Table 3 to Subpart HHHHHHH of Part 63--Emission Limits and Standards 
for Wastewater for New and Existing Affected Sources
Table 4 to Subpart HHHHHHH of Part 63--Summary of Control 
Requirements for Storage Vessels at New and Existing Sources
Table 5 to Subpart HHHHHHH of Part 63--Applicability of the General 
Provisions to Part 63
Table 6 to Subpart HHHHHHH of Part 63--Operating Parameters, 
Operating Limits, and Data Monitoring, Recording, and Compliance 
Frequencies for Process Vent Control Devices, Resin Strippers, and 
Wastewater Treatment Processes.
Table 7 to Subpart HHHHHHH of Part 63--Toxic Equivalency Factors
Table 8 to Subpart HHHHHHH of Part 63--Calibration and Accuracy 
Requirements for Continuous Parameter Monitoring Systems
Table 9 to Subpart HHHHHHH of Part 63--Methods and Procedures for 
Conducting Performance Tests for Process Vents
Table 10 to Subpart HHHHHHH of Part 63--Methods and Procedures for 
Conducting Performance Tests for Stripped Resin and Wastewater

Subpart HHHHHHH--National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyvinyl Chloride and Copolymers 
Production

What This Subpart Covers


Sec.  63.11860  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants emitted from the production of polyvinyl chloride and 
copolymers. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission standards.


Sec.  63.11865  Am I subject to the requirements in this subpart?

    You are subject to this subpart if you own or operate a polyvinyl 
chloride and copolymers process unit (PVCPU) as defined in Sec.  
63.12005 that is located at, or is part of, a major source or an area 
source as defined in Sec.  63.2. Your PVCPU is not subject to this 
subpart if it is a research and development facility, as defined in 
section 112(c)(7) of the Clean Air Act.


Sec.  63.11870  What is the affected source of this subpart?

    (a) The affected source for this subpart is each individual PVCPU.
    (b) An existing affected source is one for which construction was 
commenced before May 20, 2011 at a major or area source.
    (c) A new affected source is one for which construction is 
commenced on or after May 20, 2011 at a major or area source.
    (d) If components of an existing affected source are replaced such 
that the replacement meets the definition of reconstruction in Sec.  
63.2 and the reconstruction commenced on or after May 20, 2011, then 
the existing affected source becomes a reconstructed source and is 
subject to the relevant standards for a new affected source. The 
reconstructed source must comply with the requirements for a new 
affected source upon initial startup of the reconstructed source or by 
the effective date of publication of the final rule in the Federal 
Register, whichever is later.


Sec.  63.11871  What is the relationship to 40 CFR part 61, subpart F?

    After the applicable compliance date specified in Sec.  
63.11875(a), (b), or (c), an affected source that is also subject to 
the provisions of 40 CFR part 61, subpart F, is required to comply with 
the provisions of this subpart and not 40 CFR part 61, subpart F.


Sec.  63.11875  When must I comply with this subpart?

    (a) If you own or operate an existing affected source, you must 
achieve compliance with the applicable provisions in this subpart no 
later than 3 years after the effective date of publication of the final 
rule in the Federal Register. On or after the date 3 years after the 
effective date of publication of the final rule in the Federal 
Register, any such existing affected source is no longer subject to the 
provisions of 40 CFR part 61, subpart F.
    (b) If you start up a new affected source on or before the 
effective date of publication of the final rule in the Federal 
Register, you must achieve compliance with the provisions of this 
subpart no later than the effective date of publication of the final 
rule in the Federal Register. On or after the effective date of 
publication of the final rule in the Federal Register, any such new 
affected source is not subject to the provisions of 40 CFR part 61, 
subpart F.
    (c) If you start up a new affected source after the effective date 
of publication of the final rule in the Federal Register, you must 
achieve compliance with the provisions of this subpart upon startup of 
your affected source. Upon startup, any such new affected source is not 
subject to the provisions of 40 CFR part 61, subpart F.
    (d) You must meet the notification requirements in Sec. Sec.  63.9 
and 63.11985 according to the dates specified in those sections. Some 
of the notifications must be submitted before you are required to 
comply with the emission limits and standards in this subpart.

Emission Limits, Operating Limits, and Work Practice Standards


Sec.  63.11880  What emission limits, operating limits, and standards 
must I meet?

    (a) You must comply with each emission limit and standard specified 
in Tables 1, 3, and 4 to this subpart that applies to your existing 
affected source, and you must comply with each emission limit and 
standard specified in Tables 2, 3, and 4 to this subpart that applies 
to your new affected source.
    (b) You must establish an operating limit for each operating 
parameter required to be monitored in Sec. Sec.  63.11925, 63.11960, 
63.11970, and 63.11975. As specified in those sections, you must 
establish each operating limit as an operating range, minimum operating 
level, or maximum operating level. You must comply with each 
established operating limit.
    (c) You must comply with the emission limits and standards 
specified

[[Page 29564]]

in Sec. Sec.  63.11910 through 63.11980 that apply to your affected 
source.

General Compliance Requirements


Sec.  63.11885  What parts of the General Provisions apply to me?

    Table 5 to this subpart specifies which parts of the General 
Provisions in subpart A of this part apply to you.


Sec.  63.11890  What are my additional general requirements for 
complying with this subpart?

    (a) The emission limits, operating limits, and work practice 
standards specified in this subpart apply at all times, including 
periods of SSM.
    (b) At all times, you must operate and maintain your affected 
source, including associated air pollution control components and 
monitoring system components, in a manner consistent with safety and 
good air pollution control practices for minimizing emissions. 
Determination of whether acceptable 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, review of 
operation and maintenance records, and inspection of the source.
    (c) You must install, calibrate, maintain, and operate all 
monitoring system components according to Sec.  63.8, Sec.  63.11935(b) 
and (c), and paragraphs (c)(1) and (2) of this section.
    (1) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must operate the continuous monitoring system at all times the 
affected source is operating. A monitoring system malfunction is any 
sudden, infrequent, not reasonably preventable failure of the 
monitoring system to provide data. Monitoring system failures that are 
caused in part by poor maintenance or careless operation are not 
malfunctions. You are required to complete monitoring system repairs in 
response to monitoring system malfunctions and to return the monitoring 
system to operation as expeditiously as practicable.
    (2) You may not use data recorded during monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, 
or required monitoring system quality assurance or control activities 
in calculations used to report emissions or operating levels. You must 
use all the data collected during all other required data collection 
periods in assessing the operation of the control device and associated 
control system. You must report any periods for which the monitoring 
system failed to collect required data.
    (d) A deviation means any of the cases listed in paragraphs (d)(1) 
through (7) of this section.
    (1) Any instance in which an affected source subject to this 
subpart, or an owner or operator of such a source, fails to meet any 
requirement or obligation established by this subpart, including, but 
not limited to, any emission limit, operating limit, or work practice 
standard.
    (2) When a performance test indicates that emissions of a pollutant 
in Table 1, 2, or 3 to this subpart are exceeding the emission standard 
for the pollutant specified in Table 1, 2, or 3 to this subpart.
    (3) When a 3-hour block average from a continuous emissions 
monitor, as required by Sec.  63.11925(c), exceeds an emission limit in 
Table 1 or 2 to this subpart.
    (4) When the average value of a monitored operating parameter, 
based on the data averaging period for compliance specified in Table 6 
to this subpart, does not meet the operating limit established in Sec.  
63.11880(b).
    (5) When an affected source discharges to the atmosphere from any 
of the sources specified in paragraphs (d)(5)(i) through (iv) of this 
section.
    (i) A pressure relief device, as defined in Sec.  63.12005.
    (ii) A bypass, as defined in Sec.  63.12005.
    (iii) A closed vent system in vacuum service.
    (iv) A closure device on a pressure vessel.
    (6) Any instance in which the affected source subject to this 
subpart, or an owner or operator of such a source, fails to meet any 
term or condition specified in paragraph (d)(6)(i) or (ii) of this 
section.
    (i) Any term or condition that is adopted to implement an 
applicable requirement in this subpart.
    (ii) Any term or condition that is included in the operating permit 
for any affected source required to obtain such a permit.
    (7) Any failure to collect required data, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance 
or quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments).


Sec.  63.11895  How do I establish an affirmative defense for 
exceedance of an emission limit during malfunction?

    In response to an action to enforce the standards set forth in 
Sec.  63.11880, you may assert an affirmative defense to a claim for 
civil penalties for exceedances of such standards that are caused by 
malfunction, as defined in Sec.  63.2. Appropriate penalties may be 
assessed, however, if you fail to meet your burden of proving all of 
the requirements in the affirmative defense. The affirmative defense 
shall not be available for claims for injunctive relief.
    (a) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring system devices, process 
components, or a process to operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper 
design, or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off shift and 
overtime labor were used, to the extent practicable to make these 
repairs; and
    (3) The frequency, amount, and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (4) If the excess emissions resulted from a bypass of control 
device components or a process, then the bypass was unavoidable to 
prevent loss of life, personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment, and human 
health; and
    (6) All emissions monitoring and control systems were kept in 
operation, if at all possible, consistent with safety and good air 
pollution control practices; and
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and

[[Page 29565]]

    (8) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis must also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) The owner or operator of the facility experiencing an 
exceedance of its emission limit(s) during a malfunction must notify 
the Administrator by telephone or facsimile (FAX) transmission as soon 
as possible, but no later than 2 working days after the initial 
occurrence of the malfunction, if it wishes to avail itself of an 
affirmative defense to civil penalties for that malfunction. The owner 
or operator seeking to assert an affirmative defense must also submit a 
written report to the Administrator within 45 days of the initial 
occurrence of the exceedance of the standard in Sec.  63.11880 to 
demonstrate, with all necessary supporting documentation, that it has 
met the requirements set forth in paragraph (a) of this section. The 
owner or operator may seek an extension of this deadline for up to 30 
additional days by submitting a written request to the Administrator 
before the expiration of the 45-day period. Until a request for an 
extension has been approved by the Administrator, the owner or operator 
is subject to the requirement to submit such report within 45 days of 
the initial occurrence of the exceedance.


Sec.  63.11896  What am I required to do if I make a process change to 
a PVCPU at my affected source?

    If you make a process change to an existing affected source that 
does not meet the criteria to become a new affected source in Sec.  
63.11870(c), you must comply with the requirements in paragraph (a) of 
this section. If you make a process change to a new affected source, 
you must comply with the requirements in paragraph (b) of this section. 
If you must comply with the provisions of paragraph (a) or (b) of this 
section, you must also meet the testing and reporting requirements in 
paragraphs (c) and (d) of this section. Refer to Sec.  63.12005 for the 
definition of process changes.
    (a) If you replace any components of an existing affected source or 
make a process change to an existing affected source resulting in a 
change to the characteristics of any emission point, such that a 
different emission limit, operating parameter limit, or work practice 
requirement applies, and the criteria to become a new affected source 
in Sec.  63.11870(c) are not met, you must demonstrate that the changed 
or added emission point is in compliance with the applicable 
requirements for an existing affected source. You must demonstrate 
initial compliance with the emission limits and establish any 
applicable operating limits in Sec.  63.11880 within 180 days of the 
date of start-up of the changed process unit. You must demonstrate 
compliance with any applicable work practice standards upon startup of 
the changed process unit.
    (b) If you replace any components of a new affected source, or make 
a process change to a new affected source resulting in a change to the 
characteristics of any emission point, such that a different emission 
limit, operating parameter limit, or work practice requirement applies, 
you must demonstrate that all changed emission points are in compliance 
with the applicable requirements for a new affected source. You must 
demonstrate initial compliance with the emission limits and establish 
any applicable operating limits in Sec.  63.11880 within 180 days of 
the date of startup of the changed process unit. You must demonstrate 
compliance with any applicable work practice standards upon startup of 
the changed process unit.
    (c) For process changes, you must demonstrate continuous compliance 
with your emission limits and standards, operating limits, and work 
practice standards according to the procedures and frequency in 
Sec. Sec.  63.11910 through 63.11980.
    (d) For process changes, you must submit the report specified in 
Sec.  63.11985(b)(4)(iii).

Testing and Compliance Requirements


Sec.  63.11900  By what date must I conduct initial performance testing 
and monitoring, establish any applicable operating limits, and 
demonstrate initial compliance with my emission limits and work 
practice standards?

    (a) For existing affected sources, you must establish any 
applicable operating limits required in Sec.  63.11880 and demonstrate 
initial compliance with the emission limits and standards specified in 
Tables 1, 3, and 4 to this subpart, as applicable, no later than 180 
days after the compliance date specified in Sec.  63.11875 and 
according to the applicable provisions in Sec.  63.7(a)(2).
    (b) For existing affected sources, you must demonstrate initial 
compliance with any applicable work practice standards required in 
Sec.  63.11880 no later than the compliance date specified in Sec.  
63.11875 and according to the applicable provisions in Sec.  
63.7(a)(2).
    (c) For new or reconstructed affected sources, you must establish 
any applicable operating limits required in Sec.  63.11880, and 
demonstrate initial compliance with the emission limits and standards 
specified in Tables 2, 3, and 4 to this subpart, as applicable, no 
later than 180 days after the effective date of publication of the 
final rule in the Federal Register or within 180 days after startup of 
the source, whichever is later, according to Sec.  63.7(a)(2)(ix).
    (d) For new and reconstructed affected sources, you must 
demonstrate initial compliance with any applicable work practice 
standards required in Sec.  63.11880 no later than the startup date of 
the affected source or the effective date of publication of the final 
rule in the Federal Register, whichever is later, and according to the 
applicable provisions in Sec.  63.7(a)(2).
    (e) If you demonstrate initial compliance using a performance test 
and a force majeure is about to occur, occurs, or has occurred for 
which you intend to assert a claim of force majeure, then you must 
follow the procedures in Sec.  63.7(a)(4).


Sec.  63.11905  When must I conduct subsequent performance testing and 
monitoring to demonstrate continuous compliance?

    Following the date of your initial demonstration of compliance in 
Sec.  63.11900, you must conduct subsequent performance testing and 
monitoring to demonstrate continuous compliance with your emission 
limits, operating limits, and work practice standards according to the 
procedures and frequency in Sec. Sec.  63.11910 through 63.11980. If 
you make a process change as specified in Sec.  63.11896, such that a 
different emission limit or operating parameter limit applies, you must 
conduct a performance test according to Sec.  63.11896.


Sec.  63.11910  What are my initial and continuous compliance 
requirements for storage vessels?

    You must comply with the requirements specified in Table 4 to this 
subpart for each storage vessel.
    (a) For each fixed roof storage vessel used to comply with the 
requirements specified in Table 4 to this subpart, you must meet the 
requirements in paragraphs (a)(1) through (4) of this section. If you 
elect to use a fixed roof storage vessel vented to a closed vent

[[Page 29566]]

system and control device, the closed vent system and control device 
must meet the requirements in Sec. Sec.  63.11925 through 63.11950.
    (1) Design requirements. (i) The fixed roof must be installed in a 
manner such that there are no visible cracks, holes, gaps, or other 
open spaces between roof section joints or between the interface of the 
roof edge and the tank wall.
    (ii) Each opening in the fixed roof must be equipped with a closure 
device designed to operate such that when the closure device is secured 
in the closed position there are no visible cracks, holes, gaps, or 
other open spaces in the closure device or between the perimeter of the 
opening and the closure device.
    (2) Operating requirements. (i) Except as specified in paragraph 
(a)(2)(ii) of this section, the fixed roof must be installed with each 
closure device secured in the closed position.
    (ii) Opening of closure devices or removal of the fixed roof is 
allowed under conditions specified in paragraphs (a)(2)(ii)(A) and (B) 
of this section.
    (A) A closure device may be opened or the roof may be removed when 
needed to provide access.
    (B) A conservation vent that vents to the atmosphere is allowed 
during normal operations to maintain the tank internal operating 
pressure within tank design specifications. Normal operating conditions 
that may require these devices to open are during those times when the 
internal pressure of the storage vessel is outside the internal 
pressure operating range for the storage vessel as a result of loading 
or unloading operations or diurnal ambient temperature fluctuations.
    (3) Inspection and monitoring requirements. (i) Visually inspect 
the fixed roof and its closure devices for defects initially and at 
least once per calendar year except as specified in paragraph 
(a)(3)(ii) of this section. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the wall of the storage vessel; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (ii) The inspection requirement specified in paragraph (a)(3)(i) of 
this section does not apply to parts of the fixed roof that you 
determine are unsafe to inspect because operating personnel would be 
exposed to an imminent or potential danger as a consequence of 
complying with paragraph (a)(3)(i) of this section, provided you comply 
with the requirements specified in paragraphs (a)(3)(ii)(A) and (B) of 
this section.
    (A) You prepare and maintain at the plant site written 
documentation that identifies all parts of the fixed roof that are 
unsafe to inspect and explains why such parts are unsafe to inspect.
    (B) You develop and implement a written plan and schedule to 
conduct inspections the next time alternative storage capacity becomes 
available and the storage vessel can be emptied or temporarily removed 
from service, as necessary, to complete the inspection. The required 
inspections must be performed as frequently as practicable but do not 
need to be performed more than once per calendar year. You must 
maintain a copy of the written plan and schedule at the plant site.
    (4) Repair requirements. (i) Make first efforts to repair a defect 
no later than 5 days after detection, and complete repair as soon as 
possible, but no later than 45 days after detection. You must comply 
with the requirements in this paragraph (a)(4)(i) except as provided in 
paragraph (a)(4)(ii) of this section.
    (ii) Repair of a defect may be delayed beyond 45 days if you 
determine that repair of the defect requires emptying or temporary 
removal from service of the storage vessel and no alternative storage 
capacity is available at the site to accept the removed material. In 
this case, repair the defect the next time alternative storage capacity 
becomes available and the storage vessel can be emptied or temporarily 
removed from service.
    (b) If you elect to use an internal floating roof storage vessel or 
external floating roof storage vessel to comply with the requirements 
specified in Table 4 to this subpart, you must meet all requirements of 
Sec. Sec.  63.1060 through 63.1067 of subpart WW of this part for 
internal floating roof storage vessels or external floating roof 
storage vessels, as applicable.
    (c) For each pressure vessel used to comply with the requirements 
specified in Table 4 to this subpart, you must meet the requirements in 
paragraphs (c)(1) through (4) of this section.
    (1) Whenever the pressure vessel is in hazardous air pollutants 
(HAP) service, you must operate the pressure vessel as a closed system 
that does not vent to the atmosphere, e.g., during filling, emptying, 
and purging. The vent stream during filling, emptying, and purging must 
meet the process vent emission limits in Table 1 or 2 to this subpart, 
as applicable, by routing to a closed vent system and control device 
that is designed and operated in accordance with Sec. Sec.  63.11925 
through 63.11950.
    (2) Each opening in the pressure vessel must be equipped with a 
closure device designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, 
gaps, or other open spaces in the closure device or between the 
perimeter of the opening and the closure device.
    (3) All potential leak interfaces must be monitored annually for 
leaks using the procedures specified in Sec.  63.11915. You must comply 
with the recordkeeping provisions specified in Sec.  63.11990(b) and 
the reporting provisions specified in Sec.  63.11985(a)(1), (b)(1), and 
(c)(8). For any leak detected, you must submit the report specified in 
paragraph (c)(4) of this section.
    (4) Pressure vessel closure devices must not discharge to the 
atmosphere. Any such release (e.g., leak) constitutes a violation of 
this rule. Within 10 days of any such release, you must submit to the 
Administrator the report specified in Sec.  63.11985(c)(8). This report 
is required even if you elect to follow the procedures specified in 
Sec.  63.11895 to establish an affirmative defense.


Sec.  63.11915  What are my compliance requirements for equipment 
leaks?

    For equipment (as defined in Sec.  63.12005) in HAP service, you 
must comply with the requirements in paragraphs (a) through (c) of this 
section.
    (a) Requirement for certain equipment in subpart UU of this part. 
You must comply with Sec. Sec.  63.1020 through 63.1025, Sec.  63.1027, 
and Sec. Sec.  63.1029 through 63.1039 of subpart UU of this part.
    (b) Requirements for pumps, compressors, and agitator seals. You 
must meet the requirements specified for each type of equipment in 
paragraphs (b)(1) through (5) of this section. For each type of 
equipment specified in paragraphs (b)(1) through (5) of this section, 
you must also meet the requirements of paragraph (a) of this section.
    (1) Rotating pumps. HAP emissions from seals on all rotating pumps 
in HAP service are to be minimized by installing sealless pumps, pumps 
with double mechanical seals or equivalent equipment, or procedures 
approved by the Administrator. If double mechanical seals are used, HAP 
emissions from the seals are to be minimized by maintaining the 
pressure between the two seals so that any leak that occurs is into the 
pump; by ducting any HAP between the two seals through a control system 
from which the concentration of HAP in the exhaust gases does not 
exceed 10 parts per million; or

[[Page 29567]]

equivalent equipment or procedures approved by the Administrator.
    (2) Reciprocating pumps. HAP emissions from seals on all 
reciprocating pumps in HAP service are to be minimized by installing 
double outboard seals, or equivalent equipment or procedures approved 
by the Administrator. If double outboard seals are used, HAP emissions 
from the seals are to be minimized by maintaining the pressure between 
the two seals so that any leak that occurs is into the pump; by ducting 
any HAP between the two seals through a control system from which the 
concentration of HAP in the exhaust gases does not exceed 10 ppm; or 
equivalent equipment or procedures approved by the Administrator.
    (3) Rotating compressors. HAP emissions from seals on all rotating 
compressors in HAP service are to be minimized by installing 
compressors with double mechanical seals, or equivalent equipment, or 
procedures approved by the Administrator. If double mechanical seals 
are used, HAP emissions from the seals are to be minimized by 
maintaining the pressure between the two seals so that any leak that 
occurs is into the compressor; by ducting any HAP between the two seals 
through a control system from which the concentration of HAP in the 
exhaust gases does not exceed 10 ppm; or equivalent equipment or 
procedures approved by the Administrator.
    (4) Reciprocating compressors. HAP emissions from seals on all 
reciprocating compressors in HAP service are to be minimized by 
installing double outboard seals, or equivalent equipment, or 
procedures approved by the Administrator. If double outboard seals are 
used, HAP emissions from the seals are to be minimized by maintaining 
the pressure between the two seals so that any leak that occurs is into 
the compressor; by ducting any HAP between the two seals through a 
control system from which concentration of HAP in the exhaust gases 
does not exceed 10 ppm; or equivalent equipment or procedures approved 
by the Administrator.
    (5) Agitators. HAP emissions from seals on all agitators in HAP 
service are to be minimized by installing agitators with double 
mechanical seals, or equivalent equipment, or procedures approved by 
the Administrator. If double mechanical seals are used, HAP emissions 
from the seals are to be minimized by maintaining the pressure between 
the two seals so that any leak that occurs is into the agitated vessel; 
by ducting any HAP between the two seals through a control system from 
which the concentration of HAP in the exhaust gases does not exceed 10 
ppm; or equivalent equipment or procedures approved by the 
Administrator.
    (c) Requirements for pressure relief devices. For pressure relief 
devices, you must meet the requirements of this paragraph (c) and 
paragraph (a) of this section. Any release to the atmosphere from a 
pressure relief device in HAP service, as defined in Sec.  63.12005, 
constitutes a violation of this rule. You must install, maintain, and 
operate release indicators as specified in paragraphs (c)(1) and (2) of 
this section unless the pressure relief device meets the process vent 
emission limits in Table 1 or 2 to this subpart by routing to a closed 
vent system and control device designed and operated in accordance with 
the requirements in Sec. Sec.  63.11925 through 63.11950. For any 
pressure relief devices, you must comply with the recordkeeping 
provisions in Sec.  63.11990(c) and reporting provisions in Sec. Sec.  
63.11985(a)(2), (b)(2), and (c)(8). For any release, you must submit 
the report specified in Sec.  63.11985(c)(8), as described in paragraph 
(c)(3) of this section.
    (1) A release indicator must be properly installed on each pressure 
relief device in such a way that it will indicate when an emission 
release has occurred.
    (2) Each indicator must be equipped with an alert system that will 
notify an operator immediately and automatically when the pressure 
relief device is open. The alert must be located such that the signal 
is detected and recognized easily by an operator.
    (3) For any instance that the release indicator indicates that a 
pressure relief device is open, you must notify operators that a 
pressure release has occurred, and, within 10 days of the release, you 
must submit to the Administrator the report specified in Sec.  
63.11985(c)(8). This report is required even if you elect to follow the 
procedures specified in Sec.  63.11895(b) to establish an affirmative 
defense.


Sec.  63.11920  What are my initial and continuous compliance 
requirements for heat exchange systems?

    (a) Except as provided in paragraph (b) of this section, you must 
perform monitoring to identify leaks of total strippable volatile 
organic compounds from each heat exchange system subject to the 
requirements of this subpart according to the procedures in paragraphs 
(a)(1) through (4) of this section.
    (1) Monitoring locations for closed-loop recirculation heat 
exchange systems. You must collect and analyze a sample from the 
location(s) described in either paragraph (a)(1)(i) or (ii) of this 
section.
    (i) Each cooling tower return line prior to exposure to air for 
each heat exchange system.
    (ii) Selected heat exchanger exit line(s) so that each heat 
exchanger or group of heat exchangers within a heat exchange system is 
covered by the selected monitoring location(s).
    (2) Monitoring locations for once-through heat exchange systems. 
You must collect and analyze a sample from the location(s) described in 
paragraph (a)(2)(i) of this section. You may also elect to collect and 
analyze an additional sample from the location(s) described in 
paragraph (a)(2)(ii) of this section.
    (i) Selected heat exchanger exit line(s) so that each heat 
exchanger or group of heat exchangers within a heat exchange system is 
covered by the selected monitoring location(s).
    (ii) The inlet water feed line for a once-through heat exchange 
system prior to any heat exchanger. If multiple heat exchange systems 
use the same water feed (i.e., inlet water from the same primary water 
source), you may monitor at one representative location and use the 
monitoring results for that sampling location for all heat exchange 
systems that use that same water feed.
    (3) Monitoring method. Determine the total strippable volatile 
organic compounds concentration at each monitoring location using the 
analytical method specified in either paragraph (a)(3)(i) or (ii) of 
this section.
    (i) Determine the total strippable volatile organic compounds 
concentration (in parts per million by volume) as methane from the air 
stripping testing system using ``Air Stripping Method (Modified El Paso 
Method) for Determination of Volatile Organic Compound Emissions from 
Water Sources,'' Revision Number One, dated January 2003, Sampling 
Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by 
Texas Commission on Environmental Quality, January 31, 2003 
(incorporated by reference, see Sec.  63.14) using a flame ionization 
detector analyzer.
    (ii) Determine the total strippable volatile organic compounds 
concentration (in parts per billion by weight) in the cooling water 
using Method 8021B, ``Aromatic and Halogenated Volatiles by Gas 
Chromatography Using Photoionization and/or Electrolytic Conductivity 
Detectors,'' dated December 1996 (incorporated by reference, see Sec.  
63.14). The target list of compounds shall be generated based on a pre-
survey sample

[[Page 29568]]

and analysis by gas chromatography/mass spectrometry and process 
knowledge to include all compounds that can potentially leak into the 
cooling water. If Method 8021B, ``Aromatic and Halogenated Volatiles by 
Gas Chromatography Using Photoionization and/or Electrolytic 
Conductivity Detectors,'' dated December 1996 (incorporated by 
reference, see Sec.  63.14) is not applicable for all compounds that 
can potentially leak into the cooling water for a given heat exchange 
system, you cannot use this monitoring method for that heat exchange 
system.
    (4) Monitoring frequency. Determine the total strippable volatile 
organic compounds concentration at each monitoring location at the 
frequencies specified in paragraphs (a)(4)(i) through (iii) of this 
section.
    (i) For heat exchange systems for which you have not delayed repair 
of any leaks, monitor at the frequencies specified in paragraphs 
(a)(4)(i)(A) and (B) of this section.
    (A) For heat exchange systems at an existing affected source, 
monitor at least monthly. You may elect to monitor more frequently than 
the minimum frequency specified in this paragraph (a)(4)(i)(A).
    (B) For heat exchange systems at a new affected source, monitor at 
least once every 12 hours. You may elect to monitor more frequently 
than the minimum frequency specified in this paragraph (a)(4)(i)(B).
    (ii) For heat exchange systems for which you have delayed repair, 
as provided in paragraph (f) of this section, monitor at least monthly. 
You may elect to monitor more frequently than the minimum frequency 
specified in this paragraph (a)(4)(ii).
    (iii) If you elected to monitor the inlet water feed line for a 
once-through heat exchange system, as provided in paragraph (a)(2)(ii) 
of this section, you must monitor the inlet water feed line at the same 
frequency used to monitor the heat exchange exit line(s), as required 
in paragraph (a)(2)(i) of this section.
    (b) A heat exchange system is exempt from the monitoring 
requirements in paragraph (a) of this section if it meets the criteria 
in either paragraph (b)(1) or (2) of this section.
    (1) All heat exchangers within the heat exchange system operate 
with the minimum pressure on the cooling water side at least 35 
kilopascals greater than the maximum pressure on the process side.
    (2) The heat exchange system does not contain any heat exchangers.
    (c) The leak action level is specified in paragraphs (c)(1) and (2) 
of this section.
    (1) For a heat exchange system at an existing affected source, the 
leak action level is a total strippable volatile organic compounds 
concentration (as methane) in the stripping gas of 2.9 parts per 
million by volume or a total strippable volatile organic compounds 
concentration in the cooling water of 38 parts per billion by weight.
    (2) For a heat exchange system at a new affected source, the leak 
action level is a total strippable volatile organic compounds 
concentration (as methane) in the stripping gas of 2.3 parts per 
million by volume or a total strippable volatile organic compounds 
concentration in the cooling water of 30 parts per billion by weight.
    (d) A leak is defined as specified in paragraph (d)(1) or (2) of 
this section, as applicable.
    (1) For once-through heat exchange systems for which you monitor 
the inlet water feed, as described in paragraph (a)(2)(ii) of this 
section, a leak is detected if the difference in the measurement value 
of the sample taken from a location specified in paragraph (a)(2)(i) of 
this section and the measurement value of the corresponding sample 
taken from the location specified in paragraph (a)(2)(ii) of this 
section equals or exceeds the leak action level.
    (2) For all other heat exchange systems, a leak is detected if a 
measurement value taken according to the requirements in paragraph (a) 
of this section equals or exceeds the leak action level.
    (e) If a leak is detected, you must repair the leak to reduce the 
measured concentration to below the applicable action level as soon as 
practicable, but no later than 45 days after identifying the leak, 
except as specified in paragraphs (f) and (g) of this section. Repair 
includes re-monitoring as specified in paragraph (a) of this section to 
verify that the measured concentration is below the applicable action 
level. Actions that you can take to achieve repair include but are not 
limited to any action specified in paragraphs (e)(1) through (5) of 
this section.
    (1) Physical modifications to the leaking heat exchanger, such as 
welding the leak or replacing a tube.
    (2) Blocking the leaking tube within the heat exchanger.
    (3) Changing the pressure so that water flows into the process 
fluid.
    (4) Replacing the heat exchanger or heat exchanger bundle.
    (5) Isolating, bypassing, or otherwise removing the leaking heat 
exchanger from service until it is otherwise repaired.
    (f) If you detect a leak when monitoring a cooling tower return 
line or heat exchanger exit line under paragraph (a) of this section, 
you may conduct additional monitoring following the requirements in 
paragraph (a) of this section to further isolate each heat exchanger or 
group of heat exchangers in regulated material service within the heat 
exchange system for which the leak was detected. If you do not detect 
any leaks when conducting additional monitoring for each heat exchanger 
or group of heat exchangers, the heat exchange system is excluded from 
repair requirements in paragraph (d) of this section.
    (g) The delay of repair action level is defined as either a total 
strippable volatile organic compounds concentration (as methane) in the 
stripping gas of 29 parts per million by volume or a total strippable 
volatile organic compounds concentration in the cooling water of 380 
parts per billion by weight. You may delay the repair of a leaking heat 
exchanger when one of the conditions in paragraphs (g)(1) or (2) of 
this section is met. You must determine if a delay of repair is 
necessary as soon as practicable, but no later than 45 days after first 
identifying the leak.
    (1) If the repair is technically infeasible without a shutdown and 
the total strippable volatile organic compounds concentration is 
initially and remains less than the delay of repair action level for 
all monitoring periods during the delay of repair, you may delay repair 
until the next scheduled shutdown of the heat exchange system. If, 
during subsequent monitoring, the total strippable volatile organic 
compounds concentration is equal to or greater than the delay of repair 
action level, you must repair the leak within 30 days of the monitoring 
event in which the total strippable volatile organic compounds was 
equal to or exceeded the delay of repair action level.
    (2) If the necessary equipment, parts, or personnel are not 
available and the total strippable volatile organic compounds 
concentration (as methane) is initially and remains less than the delay 
of repair action level for all monitoring periods during the delay of 
repair, you may delay the repair for a maximum of 120 days from the day 
the leak was first identified. You must demonstrate that the necessary 
equipment, parts, or personnel were not available. If, during 
subsequent monthly monitoring, the total strippable volatile organic 
compounds concentration is

[[Page 29569]]

equal to or greater than the delay of repair action level, you must 
repair the leak within 30 days of the monitoring event in which the 
leak was equal to or exceeded the total strippable volatile organic 
compounds delay of repair action level.
    (h) To delay the repair under paragraph (g) of this section, you 
must record the information in paragraphs (h)(1) through (h)(4) of this 
section.
    (1) The reason(s) for delaying repair.
    (2) A schedule for completing the repair as soon as practical.
    (3) The date and concentration of the leak as first identified and 
the results of all subsequent monitoring events during the delay of 
repair.
    (4) An estimate of the potential emissions from the leaking heat 
exchange system following the procedures in paragraphs (g)(4)(i) and 
(g)(4)(ii) of this section.
    (i) Determine the total strippable volatile organic compounds 
concentration in the cooling water, in parts per billion by weight. If 
the Modified El Paso Method is used, calculate the total strippable 
volatile organic compounds concentration in the cooling water using 
equation 7-1 from ``Air Stripping Method (Modified El Paso Method) for 
Determination of Volatile Organic Compound Emissions from Water 
Sources,'' Revision Number One, dated January 2003, Sampling Procedures 
Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas 
Commission on Environmental Quality, January 31, 2003 (incorporated by 
reference, see Sec.  63.14) and the total strippable volatile organic 
compounds concentration measured in the stripped air.
    (ii) Calculate the emissions for the leaking heat exchange system 
by multiplying the volatile organic compounds concentration in the 
cooling water, parts per billion by weight, by the flow rate of the 
cooling water at the selected monitoring location and by the expected 
duration of the delay. The flow rate may be based on direct 
measurement, pump curves, heat balance calculations, or other 
engineering methods.


Sec.  63.11925  What are my initial and continuous compliance 
requirements for process vents?

    Each process vent must meet the requirements of paragraphs (a) 
through (f) of this section.
    (a) Emission limits. Each process vent stream must meet the 
emission limits in Table 1 or 2 to this subpart prior to the vent 
stream being exposed to the atmosphere. The emission limits in Table 1 
or 2 to this subpart apply at all times.
    (b) Closed vent systems and control devices. Each control device 
used to comply with paragraph (a) of this section must meet the 
requirements of Sec. Sec.  63.11925 and 63.11940, and all process vent 
streams treated by the control device must be routed through a closed 
vent system meeting the requirements in Sec.  63.11930. You must not 
use a flare to comply with the emission limits in Table 1 or 2 to this 
subpart.
    (c) General monitoring requirements. Except as provided in 
paragraphs (c)(1) through (3) of this section, for each control device 
used to comply with the process vent emission limit specified in Table 
1 or 2 to this subpart, you must install and operate a continuous 
parameter monitoring systemsCPMS to monitor each operating parameter 
specified in Sec.  63.11940(a) through (i) to comply with your 
operating limit(s) required in Sec.  63.11880(b)
    (1) Hydrogen chloride continuous emission monitoring system (CEMS). 
According to the schedule specified in paragraphs (c)(1)(i) through 
(iii) of this section, respectively, new affected sources must comply 
with paragraph (c)(1)(i) of this section, and existing affected sources 
must comply with paragraph (c)(1)(ii) of this section, in lieu of 
establishing operating limits in Sec.  63.11880(b) and using CPMS to 
comply with the operating limits, as specified in Sec.  63.11940(a) 
through (i).
    (i) New affected sources, beginning no more than 6-months after the 
date of promulgation of a performance specification for hydrogen 
chloride CEMS, must install and operate a hydrogen chloride CEMS to 
demonstrate initial and continuous compliance with the hydrogen 
chloride emission limit for process vents, as specified in paragraphs 
(d)(2) through (4) and (e) of this section.
    (ii) Existing affected sources, upon promulgation of a performance 
specification for hydrogen chloride CEMS, have the option to install a 
hydrogen chloride CEMS to demonstrate initial and continuous compliance 
with the hydrogen chloride emission limit for process vents, as 
specified in paragraphs (d) and (e) of this section.
    (2) Dioxin/furan CEMS. According to the schedule specified in 
paragraphs (c)(2)(i) through (iii) of this section, respectively, new 
affected sources must comply with paragraph (c)(2)(i) of this section, 
and existing affected sources must comply with paragraph (c)(1)(ii) of 
this section, in lieu of establishing operating limits in Sec.  
63.11880(b) and using CPMS to comply with the operating limits as 
specified in Sec.  63.11940(a) through (i):
    (i) New affected sources, beginning no more than 6 months after the 
date of promulgation of a performance specification for dioxin/furan 
CEMS, must install and operate a dioxin/furan CEMS to demonstrate 
initial and continuous compliance with the dioxin/furan emission limit 
for process vents, as specified in paragraphs (d)(2) through (4) and 
(e) of this section.
    (ii) Existing sources, upon promulgation of a performance 
specification for dioxin/furan CEMS, have the option to install a 
dioxin/furan CEMS to demonstrate initial and continuous compliance with 
the dioxins/furan emission limit for process vents, as specified in 
paragraphs (d)(2) through (4) and (e) of this section.
    (3) Total hydrocarbon CEMS. In lieu of establishing operating 
limits in Sec.  63.11880(b) and using CPMS to comply with the operating 
limits as specified in Sec.  63.11940(a) through (i), new and existing 
affected sources have the option to install a total hydrocarbon CEMS to 
demonstrate initial and continuous compliance with the total organic 
HAP emission limit for process vents, as specified in paragraphs (d)(2) 
through (4) and (e) of this section.
    (d) Initial compliance. To demonstrate initial compliance with the 
process vent emission limits in Table 1 or 2 to this subpart, you must 
comply with paragraphs (d)(1) through (5) of this section.
    (1) You must conduct an initial inspection as specified in Sec.  
63.11930(d) for each closed vent system.
    (2) For each CEMS and CPMS required or that you elect to use as 
specified in paragraph (c) of this section, you must prepare the 
quality control program and site-specific performance evaluation test 
plan specified in Sec.  63.11935(b) and site-specific monitoring plan 
specified in Sec.  63.11935(c), respectively.
    (3) For each CEMS and CPMS specified in paragraph (d)(2) of this 
section, you must install, operate, and maintain the CEMS and CPMS as 
specified in Sec. Sec.  63.11935(b) and (c), respectively, and you must 
conduct an initial site-specific performance evaluation test according 
to your site-specific monitoring plan and Sec. Sec.  63.11935(b)(3) and 
(c)(4), respectively.
    (4) For each emission limit for which you use a CEMS to demonstrate 
compliance, you must demonstrate initial compliance with the emission 
limits in Table 1 or 2 to this subpart based on 3-hour block averages 
of CEMS data collected at the minimum

[[Page 29570]]

frequency specified in Sec. Sec.  63.11935(b)(2) and 63.11890(c), and 
calculated using the data reduction method specified in Sec.  
63.11935(e). For a CEMS used on a batch operation, you may use a data 
averaging period based on an operating block in lieu of the 3-hour 
averaging period.
    (5) For each emission limit for which you do not use a CEMS to 
demonstrate compliance, you must meet the requirements of paragraphs 
(d)(5)(i) through (iii) of this section.
    (i) You must conduct an initial performance test according to the 
requirements in Sec.  63.11945 to demonstrate compliance with the total 
organic HAP, vinyl chloride, hydrogen chloride, or dioxin/furan 
emission limit in Table 1 or 2 to this subpart.
    (ii) During the performance test specified in paragraph (d)(5)(i) 
of this section, for each CPMS installed and operated as specified in 
paragraph (d)(2) of this section, you must establish an operating limit 
as the operating parameter range, minimum operating parameter level, or 
maximum operating parameter level specified in Sec.  63.11935(d). Each 
operating limit must be based on the data averaging period for 
compliance specified in Table 6 to this subpart using data collected at 
the minimum frequency specified in Sec. Sec.  63.11935(c)(2) and 
63.11890(c), and calculated using the data reduction method specified 
in Sec.  63.11935(e). For a CPMS used on a batch operation, you may use 
a data averaging period based on an operating block in lieu of the 
averaging period specified in Table 6 to this subpart.
    (e) Continuous compliance. To demonstrate continuous compliance 
with the emission limits in Table 1 or 2 to this subpart for each 
process vent, you must comply with paragraphs (e)(1) through (5) of 
this section.
    (1) You must meet the requirements in Sec.  63.11930 for each 
closed vent system.
    (2) You must operate and maintain each CEMS and CPMS required in 
paragraph (c) of this section as specified in Sec.  63.11935(b) and 
(c), respectively.
    (3) For each emission limit for which you use a CEMS to demonstrate 
compliance, you must meet the requirements in paragraphs (e)(3)(i) and 
(ii) of this section.
    (i) You must conduct a periodic site-specific CEMS performance 
evaluation test according to your quality control program and site-
specific performance evaluation test plan specified in Sec.  
63.11935(b)(1).
    (ii) You must demonstrate continuous compliance with the emission 
limits in Table 1 or 2 to this subpart based on 3-hour block averages 
of CEMS data, the minimum data collection frequency specified in 
Sec. Sec.  63.11935(b)(2) and 63.11890(c), and the data reduction 
method specified in Sec.  63.11935(e). For a CEMS used on a batch 
operation, you may use a data averaging period based on an operating 
block in lieu of the 3-hour averaging period.
    (4) For each emission limit for which you do not use a CEMS to 
demonstrate compliance, you must meet the requirements of paragraphs 
(e)(4)(i) and (ii) of this section.
    (i) Except for hydrogen chloride, you must conduct an annual 
performance test according to the requirements in Sec.  63.11945 for 
each pollutant in Table 1 or 2 to this subpart.
    (ii) For each CPMS operated and maintained as specified in 
paragraph (e)(2) of this section, you must meet the requirements 
specified in paragraphs (e)(4)(ii)(A) through (C) of this section.
    (A) You must conduct periodic site-specific CPMS performance 
evaluation tests according to your site-specific monitoring plan and 
Sec.  63.11935(c).
    (B) For each control device being monitored, you must continuously 
collect CPMS data consistent with Sec.  63.11890(c) and your site-
specific monitoring plan. You must continuously determine the average 
value of each monitored operating parameter based on the data 
collection and reduction methods specified in Sec. Sec.  63.11935(c)(2) 
and 63.11935(e), and the applicable data averaging period for 
compliance specified in Table 6 to this subpart for all periods the 
process is operating. For a CPMS used on a batch operation, you may use 
a data averaging period based on an operating block in lieu of the 
averaging periods specified in Table 6 to this subpart.
    (C) You must demonstrate continuous compliance with each operating 
limit established in paragraph (d)(4)(iii) of this section using these 
average values calculated in paragraph (e)(4)(ii)(B) of this 
section.(5) Each closed vent systems and control device used to comply 
with an emission limit in Table 1 or 2 to this subpart must be operated 
at all times when emissions are vented to, or collected by, these 
systems or devices.
    (f) To demonstrate compliance with the dioxin/furan toxic 
equivalency emission limit specified in Table 1 or 2 to this subpart, 
you must determine dioxin/furan toxic equivalency as specified in 
paragraphs (f)(1) through (3) of this section.
    (1) Measure the concentration of each dioxin/furan tetra-through 
octachlorinated-congener emitted using Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) For each dioxin/furan (tetra-through octachlorinated) congener 
measured in accordance with paragraph (f)(1) of this section, multiply 
the congener concentration by its corresponding toxic equivalency 
factor specified in Table 7 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (f)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.


Sec.  63.11930  What requirements must I meet for closed vent systems?

    (a) General. To route emissions from process vents subject to the 
HAP emission limits in Table 1 or 2 to this subpart to a control 
device, you must use a closed vent system and meet the requirements of 
this section and all provisions referenced in this section. However, if 
you operate and maintain your closed vent system in vacuum service as 
defined in Sec.  63.12005, you must meet the requirements in paragraph 
(h) of this section and are not required to meet the requirements in 
paragraphs (a) through (g) of this section.
    (b) Collection of emissions. Each closed vent system must be 
designed and operated to collect the HAP vapors from the process vent, 
and to route the collected vapors to a control device.
    (c) Bypass. For each closed vent system that contains a bypass as 
defined in Sec.  63.12005 (e.g., diverting a vent stream away from the 
control device or causing air intrusion into the control device), you 
must not discharge to the atmosphere through the bypass. Any such 
release constitutes a violation of this rule. The use of any bypass 
diverted to the atmosphere during a performance test invalidates the 
performance test. You must comply with the provisions of either 
paragraph (c)(1) or (2) of this section for each closed vent system 
that contains a bypass that could divert a vent stream to the 
atmosphere.
    (1) Bypass flow indicator. Install, maintain, and operate a flow 
indicator as specified in paragraphs (c)(1)(i) through (iv) of this 
section.
    (i) The flow indicator must be properly installed at the entrance 
to any bypass.
    (ii) The flow indicator must be equipped with an alarm system that 
will alert an operator immediately, and automatically when flow is 
detected in the bypass. The alarm must be located such that the alert 
is detected and recognized easily by an operator.
    (iii) If the alarm is triggered, you must immediately initiate 
procedures to identify the cause of the alarm. If any closed vent 
system has discharged to the

[[Page 29571]]

atmosphere through a vent or bypass, you must initiate procedures to 
stop the bypass discharge.
    (iv) For any instances where the flow indicator alarm is triggered, 
you must submit to the Administrator within 10 days of the discharge 
the report specified in Sec.  63.11985(c)(8). This report is required 
even if you elect to follow the procedures specified in Sec.  63.11895 
to establish an affirmative defense and submit the reports specified in 
Sec.  63.11985(c)(4).
    (2) Bypass valve configuration. Secure the bypass valve in the non-
diverting position with a car-seal or a lock-and-key type 
configuration.
    (i) You must visually inspect the seal or closure mechanism at 
least once every month to verify that the valve is maintained in the 
non-diverting position, and the vent stream is not diverted through the 
bypass. A broken seal or closure mechanism or a diverted valve 
constitutes a violation from the emission limits in Table 1 or 2 to 
this subpart. You must maintain the records specified in paragraph 
(g)(1)(ii) of this section.
    (ii) For each seal or closure mechanism, you must comply with 
either paragraph (c)(2)(ii)(A) or (B) of this section.
    (A) For each instance that you change the bypass valve to the 
diverting position, you must submit to the Administrator within 10 days 
of the action the report specified in Sec.  63.11985(c)(8). This report 
is required even if you elect to follow the procedures specified in 
Sec.  63.11895 to establish an affirmative defense and submit the 
reports specified in Sec.  63.11985(c)(4).
    (B) You must install, maintain, and operate a bypass flow indicator 
as specified in paragraphs (c)(1)(i) and (ii) of this section and you 
must meet the requirements in paragraph (c)(1)(iii) and (iv) of this 
section for each instance that the flow indicator alarm is triggered.
    (d) Closed vent system inspection and monitoring requirements. 
Except as provided in paragraph (d)(3) of this section, you must 
inspect each closed vent system as specified in paragraph (d)(1) or (2) 
of this section.
    (1) Hard-piping inspection. If the closed vent system is 
constructed of hard-piping, you must comply with the requirements 
specified in paragraphs (d)(1)(i) and (ii) of this section.
    (i) Conduct an initial inspection according to the procedures in 
paragraph (e) of this section.
    (ii) Conduct annual inspections for visible, audible, or olfactory 
indications of leaks.
    (2) Ductwork inspection. If the closed vent system is constructed 
of ductwork, you must conduct initial and annual inspections according 
to the procedures in paragraph (e) of this section.
    (3) Equipment that is unsafe to inspect. You may designate any 
parts of the closed vent system as unsafe to inspect if you determine 
that personnel would be exposed to an immediate danger as a consequence 
of complying with the initial and annual closed vent system inspection 
requirements of this subpart.
    (e) Closed vent system inspection procedures. Except as provided in 
paragraph (e)(4) of this section, you must comply with all provisions 
of paragraphs (e)(1) through (e)(3) of this section.
    (1) General. Inspections must be performed during periods when HAP 
is being collected by or vented through the closed vent system. A leak 
is indicated by an instrument reading greater than 500 parts per 
million by volume above background or by visual inspection.
    (2) Inspection procedures. Each closed vent system subject to this 
paragraph (e)(2) must be inspected according to the procedures 
specified in paragraphs (e)(2)(i) through (vii) of this section.
    (i) Inspections must be conducted in accordance with Method 21 at 
40 CFR part 60, appendix A-7, except as otherwise specified in this 
section.
    (ii) Except as provided in paragraph (e)(2)(iii) of this section, 
the detection instrument must meet the performance criteria of Method 
21 at 40 CFR part 60, appendix A-7, except the instrument response 
factor criteria in section 8.1.1.2 of Method 21 must be for the 
representative composition of the process fluid and not of each 
individual volatile organic compound in the stream. For process streams 
that contain nitrogen, air, water, or other inerts that are not organic 
HAP or volatile organic compound, the representative stream response 
factor must be determined on an inert-free basis. You may determine the 
response factor at any concentration for which you will monitor for 
leaks.
    (iii) If no instrument is available at the plant site that will 
meet the performance criteria of Method 21 at 40 CFR part 60, appendix 
A-7 specified in paragraph (e)(2)(ii) of this section, the instrument 
readings may be adjusted by multiplying by the representative response 
factor of the process fluid, calculated on an inert-free basis as 
described in paragraph (e)(2)(ii) of this section.
    (iv) The detection instrument must be calibrated before use on each 
day of its use by the procedures specified in Method 21 at 40 CFR part 
60, appendix A-7.
    (v) Calibration gases must be as specified in paragraphs 
(e)(2)(v)(A) through (D) of this section.
    (A) Zero air (less than 10 parts per million by volume hydrocarbon 
in air).
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million by volume. A calibration gas other than methane in 
air may be used if the instrument does not respond to methane or if the 
instrument does not meet the performance criteria specified in 
paragraph (e)(2)(ii) of this section. In such cases, the calibration 
gas may be a mixture of one or more of the compounds to be measured in 
air.
    (C) If the detection instrument's design allows for multiple 
calibration scales, then the lower scale must be calibrated with a 
calibration gas that is no higher than 2,500 parts per million by 
volume.
    (D) Perform a calibration drift assessment, at a minimum, at the 
end of each monitoring day. Check the instrument using the same 
calibration gas(es) that were used to calibrate the instrument before 
use. Follow the procedures specified in Method 21 at 40 CFR part 60, 
appendix A-7, Section 10.1, except do not adjust the meter readout to 
correspond to the calibration gas value. Record the instrument reading 
for each scale used as specified in paragraph (g)(4) of this section. 
Divide these readings by the initial calibration values for each scale 
and multiply by 100 to express the calibration drift as a percentage. 
If any calibration drift assessment shows a negative drift of more than 
10 percent from the initial calibration value, then all equipment 
monitored since the last calibration with instrument readings below the 
appropriate leak definition and above the leak definition multiplied by 
the value specified in paragraph (e)(2)(v)(D)(1) of this section must 
be re-monitored. If any calibration drift assessment shows a positive 
drift of more than 10 percent from the initial calibration value, then, 
at your discretion, all equipment since the last calibration with 
instrument readings above the appropriate leak definition and below the 
leak definition multiplied by the value specified in paragraph 
(e)(2)(v)(D)(2) of this section may be re-monitored.
    (1) 100 minus the percent of negative drift, divided by 100.
    (2) 100 plus the percent of positive drift, divided by 100.
    (vi) You may elect to adjust or not adjust instrument readings for 
background. If you elect not to adjust readings for background, all 
such

[[Page 29572]]

instrument readings must be compared directly to 500 parts per million 
by volume to determine whether there is a leak. If you elect to adjust 
instrument readings for background, you must measure background 
concentration using the procedures in this section. You must subtract 
the background reading from the maximum concentration indicated by the 
instrument.
    (vii) If you elect to adjust for background, the arithmetic 
difference between the maximum concentration indicated by the 
instrument and the background level must be compared with 500 parts per 
million by volume for determining whether there is a leak.
    (3) Instrument probe. The instrument probe must be traversed around 
all potential leak interfaces as described in Method 21 at 40 CFR part 
60, appendix A-7.
    (4) Unsafe-to-inspect written plan requirements. For equipment 
designated as unsafe to inspect according to the provisions of 
paragraph (d)(3) of this section, you must maintain and follow a 
written plan that requires inspecting the equipment as frequently as 
practical during safe-to-inspect times, but not more frequently than 
the annual inspection schedule otherwise applicable. You must still 
repair unsafe-to-inspect equipment according to the procedures in 
paragraph (f) of this section if a leak is detected.
    (f) Closed vent system leak repair provisions. The provisions of 
this paragraph (f) apply to closed vent systems collecting HAP from an 
affected source.
    (1) Leak repair general for hard-piping. If there are visible, 
audible, or olfactory indications of leaks at the time of the annual 
visual inspections required by paragraph (d)(1)(ii) of this section, 
you must follow the procedure specified in either paragraph (f)(1)(i) 
or (ii) of this section.
    (i) You must eliminate the leak.
    (ii) You must monitor the equipment according to the procedures in 
paragraph (e) of this section and comply with the leak repair 
provisions in paragraph (f)(2) of this section.
    (2) Leak repair schedule. Leaks must be repaired as soon as 
practical, except as provided in paragraph (f)(3) of this section.
    (i) A first attempt at repair must be made no later than 5 days 
after the leak is detected.
    (ii) Except as provided in paragraph (f)(3) of this section, 
repairs must be completed no later than 15 days after the leak is 
detected or at the beginning of the next introduction of vapors to the 
system, whichever is later.
    (3) Delay of repair. Delay of repair of a closed vent system for 
which leaks have been detected is allowed if repair within 15 days 
after a leak is detected is technically infeasible or unsafe without a 
closed vent system shutdown, as defined in Sec.  63.12005, or if you 
determine that emissions resulting from immediate repair would be 
greater than the emissions likely to result from delay of repair. 
Repair of such equipment must be completed as soon as practical, but 
not later than the end of the next closed vent system shutdown.
    (g) Closed vent system records. For closed vent systems, you must 
record the information specified in paragraphs (g)(1) through (5) of 
this section, as applicable.
    (1) Bypass records. For each closed vent system that contains a 
bypass that could divert a vent stream away from the control device and 
to the atmosphere, or cause air intrusion into the control device, you 
must keep a record of the information specified in either paragraph 
(g)(1)(i) or (ii) of this section, as applicable.
    (i) You must maintain records of any alarms triggered because flow 
was detected in the bypass, including the date and time the alarm was 
triggered, the duration of the flow in the bypass, as well as records 
of the times of all periods when the vent stream is diverted from the 
control device or the flow indicator is not operating.
    (ii) Where a seal mechanism is used to comply with paragraph (c)(2) 
of this section, hourly records of flow are not required. In such 
cases, you must record that the monthly visual inspection of the seals 
or closure mechanisms has been done, and must record the occurrence of 
all periods when the seal mechanism is broken, the bypass valve 
position has changed, or the key for a lock-and-key type lock has been 
checked out, and records of any car-seal that has been broken.
    (2) Inspection records. For each instrumental or visual inspection 
conducted in accordance with paragraph (d)(1) or (2) of this section 
for closed vent systems collecting HAP from an affected source during 
which no leaks are detected, you must record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (3) Leak records. When a leak is detected from a closed vent system 
collecting HAP from an affected source, the information specified in 
paragraphs (g)(3)(i) through (vi) of this section must be recorded and 
kept for 5 years.
    (i) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) The maximum instrument reading measured by the procedures in 
paragraph (e) of this section after the leak is successfully repaired.
    (v) Repair delayed and the reason for the delay if a leak is not 
repaired within 15 days after discovery of the leak. You may develop a 
written procedure that identifies the conditions that justify a delay 
of repair. In such cases, reasons for delay of repair may be documented 
by citing the relevant sections of the written procedure.
    (vi) Copies of the compliance reports as specified in Sec.  
63.11985(b)(9), if records are not maintained on a computerized 
database capable of generating summary reports from the records.
    (4) Instrument calibration records. You must maintain records of 
the information specified in paragraphs (g)(4)(i) through (vi) of this 
section for monitoring instrument calibrations conducted according to 
sections 8.1.2 and 10 of Method 21 at 40 CFR part 60, appendix A-7, and 
paragraph (e) of this section.
    (i) Date of calibration and initials of operator performing the 
calibration.
    (ii) Calibration gas cylinder identification, certification date, 
and certified concentration.
    (iii) Instrument scale(s) used.
    (iv) A description of any corrective action taken if the meter 
readout could not be adjusted to correspond to the calibration gas 
value in accordance with section 10.1 of Method 21 at 40 CFR part 60, 
appendix A-7.
    (v) Results of each calibration drift assessment required by 
paragraph (e)(2)(v)(D) of this section (i.e., instrument reading for 
calibration at end of the monitoring day and the calculated percent 
difference from the initial calibration value).
    (vi) If you make your own calibration gas, a description of the 
procedure used.
    (5) Unsafe-to-inspect records. If you designate equipment as 
unsafe-to-inspect as specified in paragraph (d)(3) of this section, you 
must keep the records specified in paragraph (g)(5)(i) and (ii) of this 
section.
    (i) You must maintain the identity of unsafe-to-inspect equipment 
as specified in paragraph (d)(3) of this section.
    (ii) You must keep a written plan for inspecting unsafe-to-inspect 
equipment as required by paragraph (e)(4) of this section and record 
all activities performed according to the written plan.

[[Page 29573]]

    (h) Closed vent systems in vacuum service. If you operate and 
maintain a closed vent system in vacuum service as defined in Sec.  
63.12005, you must comply with the requirements in paragraphs (h)(1) 
through (3) of this section, and you are not required to comply with 
any other provisions of this section. Any incidence where a closed vent 
system designed to be in vacuum service is operating and not in vacuum 
service constitutes a violation of this rule, unless the closed vent 
system is meeting the requirements in paragraphs (a) through (g) of 
this section for closed vent systems that are not in vacuum service. 
Any such incidence during a performance test invalidates the 
performance test.
    (1) In vacuum service alarm. You must install, maintain, and 
operate a pressure gauge and alarm system that will alert an operator 
immediately and automatically when the pressure is such that the closed 
vent system no longer meets the definition of in vacuum service as 
defined in Sec.  63.12005. The alarm must be located such that the 
alert is detected and recognized easily by an operator.
    (2) In vacuum service alarm procedures. If the alarm is triggered 
for a closed vent system operating in vacuum service as specified in 
paragraph (h)(1) of this section, you must immediately initiate 
procedures to identify the cause of the alarm. If the closed vent 
system is not in vacuum service, you must initiate procedures to get 
the closed vent system back in vacuum service as defined in Sec.  
63.12005, or you must immediately comply with the requirements in 
paragraphs (a) through (g) of this section for closed vent systems that 
are not in vacuum service.
    (3) In vacuum service alarm records and reports. For any incidences 
where a closed vent system designed to be in vacuum service is not in 
vacuum service, you must submit to the Administrator within 10 days of 
the incident the report specified in Sec.  63.11985(c)(8). This report 
is required even if you elect to follow the procedures specified in 
Sec.  63.11895 to establish an affirmative defense and submit the 
reports specified in Sec.  63.11985(c)(4).


Sec.  63.11935  What CEMS and CPMS requirements must I meet to 
demonstrate initial and continuous compliance with the emission 
standards for process vent control devices, resin strippers, and 
wastewater treatment processes?

    (a) General requirements for CEMS and CPMS. You must meet the 
requirements in paragraph (b) of this section for each CEMS specified 
in Sec.  63.11925(c) used to demonstrate compliance with the emission 
limits for process vents in Table 1 or 2 to this subpart. You must meet 
the CPMS requirements in paragraph (c) of this section and establish 
your operating limits in paragraph (d) of this section for each 
operating parameter specified in Table 6 to this subpart for each 
process vent control device, resin stripper, or wastewater treatment 
process specified in paragraphs (a)(1) through (3) of this section.
    (1) For each control device specified in Sec.  63.11925(c) that is 
used to comply with the emission limits for process vents in Table 1 or 
2 to this subpart, except that flow indicators specified in Sec.  
63.11940(e) are not subject to the requirements of this section.
    (2) For each resin stripper specified in Sec.  63.11960(c) and used 
to comply with the emission limit for resin in Table 1 or 2 to this 
subpart.
    (3) For each wastewater treatment process specified in Sec.  
63.11975(a) and used to comply with the emission limit for wastewater 
in Table 3 to this subpart.
    (b) CEMS. You must install, operate, and maintain each CEMS 
according to paragraphs (b)(1) through (7) of this section and 
continuously monitor emissions.
    (1) You must prepare your quality control program and site-specific 
performance evaluation test plan, as specified in Sec.  63.8(d) and 
(e). You must submit your performance evaluation test plan to the 
Administrator for approval, as specified in Sec.  63.8(e)(3).
    (2) The monitoring equipment must be capable of providing a 
continuous record, recording data at least once every 15 minutes.
    (3) You must conduct initial and periodic site-specific performance 
evaluations and any required tests of each CEMS according to your 
quality control program and site-specific performance evaluation test 
plan prepared as specified in Sec.  63.8(d) and (e).
    (4) If supplemental gases are added to the control device, you must 
correct the measured concentrations in accordance with Sec.  
63.11945(d)(1).
    (5) You must operate and maintain the CEMS in continuous operation 
according to the quality control program and performance evaluation 
test plan. CEMS must record data at least once every 15 minutes.
    (6) CEMS must meet the minimum accuracy and calibration frequency 
requirements specified in the performance specifications specified in 
paragraphs (b)(6)(i) and (ii) of this section, as applicable.
    (i) A hydrogen chloride or dioxin/furan CEMS must meet the 
requirements of the promulgated performance specification for the CEMS.
    (ii) A total hydrocarbon CEMS must meet the requirements of 40 CFR 
Part 60, Appendix B, performance specification 8A.
    (7) Before commencing or ceasing use of a CEMS system, you must 
notify the Administrator as specified in paragraphs (b)(6)(i) and (ii) 
of this section.
    (i) You must notify the Administrator 1 month before starting use 
of the continuous emissions monitoring system.
    (ii) You must notify the Administrator 1 month before stopping use 
of the continuous emissions monitoring system, in which case you must 
also conduct a performance test within 60 days of ceasing operation of 
the system.
    (c) CPMS. You must install, maintain, and operate each CPMS as 
specified in paragraphs (c)(1) through (6) of this section and 
continuously monitor operating parameters.
    (1) As part of your quality control program and site-specific 
performance evaluation test plan prepared as specified in Sec.  63.8(d) 
and (e), you must prepare a site-specific monitoring plan that 
addresses the monitoring system design, data collection, and the 
quality assurance and quality control elements specified in paragraphs 
(c)(1)(i) through (v) of this section and Sec.  63.8(d). You are not 
required to submit the plan for approval unless requested by the 
Administrator. You may request approval of monitoring system quality 
assurance and quality control procedure alternatives to those specified 
in paragraphs (c)(1)(i) through (v) of this section in your site-
specific monitoring plan.
    (i) The performance criteria and design specifications for the 
monitoring system equipment, including the sample interface, detector 
signal analyzer, and data acquisition and calculations.
    (ii) Sampling interface (e.g., thermocouple) location such that the 
monitoring system will provide representative measurements.
    (iii) Equipment performance checks, calibrations, or other audit 
procedures.
    (iv) Ongoing operation and maintenance procedures in accordance 
with provisions in Sec.  63.8(c)(1) and (3).
    (v) Ongoing reporting and recordkeeping procedures in accordance 
with provisions in Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (2) The monitoring equipment must be capable of providing a 
continuous

[[Page 29574]]

record, recording data at least once every 15 minutes.
    (3) You must install, operate, and maintain each CPMS required in 
this paragraph (c) according to the procedures and requirements in your 
site-specific monitoring plan.
    (4) You must conduct an initial and periodic site-specific 
performance evaluation tests of each CPMS according to your site-
specific monitoring plan.
    (5) All CPMS must meet the specific parameter (e.g., minimum 
accuracy and calibration frequency) requirements specified in Sec.  
63.11940 and Table 8 to this subpart.
    (6) Monitoring equipment for temperature, pressure, volumetric flow 
rate, mass flow rate, and conductivity must be capable of measuring the 
appropriate parameter over a range that extends at least 20 percent 
beyond the normal expected operating range of values for that 
parameter. The data recording system associated with affected CPMS must 
have a resolution that is equal to or better than one-half of the 
required system accuracy.
    (d) Establish operating limit. For each operating parameter that 
must be monitored in Sec.  63.11925(c) for process vent control 
devices, in Sec.  63.11960(c) for resin strippers, and in Sec.  
63.11975(a) for wastewater treatment processes, you must establish an 
operating limit as specified in paragraphs (d)(1) through (6) of this 
section. You must establish each operating limit as an operating 
parameter range, minimum operating parameter level, or maximum 
operating parameter level as specified in Table 6 to this subpart. 
Where this subpart does not specify which format to use for your 
operating limit (e.g., operating range or minimum operating level), you 
must determine which format is best to establish proper operation of 
the control device, resin stripper, or treatment process such that you 
are meeting the emission limits specified in Table 1, 2, or 3 to this 
subpart.
    (1) For process vent control devices, the operating limit 
established for each monitored parameter specified in Sec.  63.11940 
must be based on the operating parameter values recorded during any 
performance test conducted to demonstrate compliance in Sec.  
63.11925(d)(4) and (e)(4) and may be supplemented by engineering 
assessments and/or manufacturer's recommendations. You are not required 
to conduct performance tests over the entire range of allowed operating 
parameter values. The established operating limit must represent the 
conditions for which the control device is meeting the emission limits 
specified in Table 1 or 2 to this subpart.
    (2) For resin strippers, the operating limit established for each 
monitoring parameter specified in Sec.  63.11960(c) must be based on 
the operating parameter values recorded during any resin sampling event 
specified in Sec.  63.11960(b)(2) or (4) or Sec.  63.11960(c)(3) or 
(5). You may use engineering assessments and/or manufacturer's 
recommendations to supplement the initial performance test results when 
establishing the operating limit. The established operating limit must 
represent the conditions for which the resin stripper is meeting the 
emission limits specified in Table 1 or 2 to this subpart.
    (3) For wastewater treatment processes treating a wastewater stream 
to achieve the vinyl chloride concentration specified in Table 3 to 
this subpart, the operating limit established for each monitored 
parameter specified in Sec.  63.11975(a)(1) must be based on the 
operating parameter level recorded during any sampling event specified 
in Sec.  63.11970(a)(1)(ii) or (iii) or Sec.  63.11975(a)(3). You may 
use engineering assessments and/or manufacturer's recommendations to 
supplement the initial testing results when establishing the operating 
limit. The established operating limit must represent the conditions 
for which the treatment process is meeting the requirements specified 
in Table 3 to this subpart.
    (4) You must include as part of the notification of compliance 
status or the operating permit application or amendment, the 
information in paragraphs (d)(4)(i) through (iv) of this section, as 
applicable, for each process vent control device, resin stripper, and 
wastewater treatment process requiring operating limits.
    (i) Descriptions of monitoring devices and monitoring frequencies 
for each emission point and operating scenario.
    (ii) The established operating limit of the monitored parameter(s).
    (iii) The rationale for the established operating limit, including 
any data and calculations used to develop the operating limit and a 
description of why the operating limit indicates proper operation of 
the control device, resin stripper, or wastewater treatment process.
    (iv) The rationale used to determine which format to use for your 
operating limit (e.g., operating range, minimum operating level, or 
maximum operating level), where this subpart does not specify which 
format to use.
    (5) For batch processes, you may establish operating limits for 
individual batch emission episodes, including each distinct episode of 
process vent emissions or each individual type of batch process that 
generates wastewater, if applicable. You must provide rationale in a 
batch precompliance report as specified in Sec.  63.11985(c)(2) instead 
of the notification of compliance status for the established operating 
limit. You must include any data and calculations used to develop the 
operating limits and a description of why each operating limit 
indicates proper operation of the control device during the specific 
batch emission episode, or of the wastewater treatment process or resin 
stripper during the individual batch operation generating wastewater or 
stripped resin.
    (6) If you elect to establish separate operating limits for 
different batch emission episodes within a batch process as specified 
in paragraph (d)(5) of this section, you must maintain daily records 
indicating each point at which you change from one operating limit to 
another, even if the monitoring duration for an operating limit is less 
than 15 minutes. You must maintain a daily record according to Sec.  
63.11990(e)(4)(i).
    (e) Reduction of CPMS and CEMS data. You must reduce CEMS and CPMS 
data to 1-hour averages according to Sec.  63.8(g) to compute the 
average values for demonstrating compliance specified in Sec. Sec.  
63.11925(e)(3)(ii), 63.11925(e)(4)(ii)(B), 63.11960(c)(2), and 
63.11975(a)(2) for CEMS and CPMS, as applicable.


Sec.  63.11940  What continuous monitoring requirements must I meet for 
control devices required to install CPMS to meet the emission limits 
for process vents?

    As required in Sec.  63.11925(c), you must install and operate the 
applicable CPMS specified in paragraphs (a) through (i) of this section 
for each control device you use to comply with the emission limits for 
process vents in Table 1 or 2 to this subpart. You must monitor, 
record, and calculate CPMS data averages as specified in Table 6 to 
this subpart. Paragraph (j) of this section provides an option to 
propose alternative monitoring parameters or procedures.
    (a) Flow indicator. If flow to a control device could be 
intermittent, you must install, calibrate, and operate a flow indicator 
at the inlet or outlet of the control device to identify periods of no 
flow.
    (b) Incinerator monitoring. If you are using an incinerator to meet 
an emission limit in Table 1 or 2 to this subpart and you are required 
to use CPMS as specified in Sec.  63.11925(c), you must equip the 
incinerator with the monitoring equipment specified in

[[Page 29575]]

paragraphs (b)(1) through (3) of this section, as applicable.
    (1) If an incinerator other than a catalytic incinerator is used, 
you must install a temperature monitoring device in the fire box or in 
the ductwork immediately downstream of the fire box in a position 
before any substantial heat exchange occurs.
    (2) Except as provided in paragraph (b)(3) of this section, where a 
catalytic incinerator is used, you must install temperature monitoring 
devices in the gas stream immediately before and after the catalyst 
bed. You must monitor the temperature differential across the catalyst 
bed.
    (3) Instead of complying with paragraph (b)(2) of this section, and 
if the temperature differential between the inlet and outlet of the 
catalytic incinerator during normal operating conditions is less than 
10 degrees Celsius (18 degrees Fahrenheit), you may elect to monitor 
the inlet temperature and conduct catalyst checks as specified in 
paragraphs (b)(3)(i) and (ii) of this section.
    (i) You must conduct annual sampling and analysis of the catalyst 
activity (i.e., conversion efficiency) following the manufacturer's or 
catalyst supplier's recommended procedures. If problems are found 
during the catalyst activity test, you must replace the catalyst bed or 
take other corrective action consistent with the manufacturer's 
recommendations within 15 days or by the next time any process vent 
stream is collected by the control device, whichever is sooner.
    (ii) You must conduct annual internal inspections of the catalyst 
bed to check for fouling, plugging, or mechanical breakdown. You must 
also inspect the bed for channeling, abrasion, and settling. If 
problems are found during the annual internal inspection of the 
catalyst, you must replace the catalyst bed or take other corrective 
action consistent with the manufacturer's recommendations within 15 
days or by the next time any process vent stream is collected by the 
control device, whichever is later. If the catalyst bed is replaced and 
is not of like or better kind and quality as the old catalyst then you 
must conduct a new performance test according to Sec.  63.11945 to 
determine destruction efficiency. If a catalyst bed is replaced and the 
replacement catalyst is of like or better kind and quality as the old 
catalyst, then a new performance test to determine destruction 
efficiency is not required.
    (c) Absorber and acid gas scrubber monitoring. If you are using an 
absorber or acid gas scrubber to meet an emission limit in Table 1 or 2 
to this subpart and you are required to use CPMS as specified in Sec.  
63.11925(c), you must install the monitoring equipment specified in 
paragraphs (c)(1) through (3) of this section.
    (1) Install and operate the monitoring equipment as specified in 
either paragraph (c)(1)(i) or (ii) of this section.
    (i) A flow meter to monitor the absorber or acid gas scrubber 
influent liquid flow.
    (ii) A flow meter to monitor the absorber or acid gas scrubber 
influent liquid flow and the gas stream flow using one of the 
procedures specified in paragraphs (c)(1)(ii)(A), (B), or (C) of this 
section. You must monitor the liquid-to-gas ratio determined by 
dividing the flow rate of the absorber or acid gas scrubber influent by 
the gas flow rate. The units of measure must be consistent with those 
used to calculate this ratio during the performance test.
    (A) Determine gas stream flow using the design blower capacity, 
with appropriate adjustments for pressure drop.
    (B) Measure the gas stream flow at the absorber or acid gas 
scrubber inlet.
    (C) If you have previously determined compliance for a scrubber 
that requires a determination of the liquid-to-gas ratio, you may use 
the results of that test provided the test conditions are 
representative of current operation.
    (2) Install and operate the monitoring equipment as specified in 
either paragraph (c)(2)(i), (ii), or (iii) of this section.
    (i) Install and operate pressure gauges at the inlet and outlet of 
the absorber or acid gas scrubber to monitor the pressure drop through 
the absorber or acid gas scrubber.
    (ii) If the difference in the inlet gas stream temperature and the 
inlet liquid stream temperature is greater than 38 degrees Celsius, you 
may install and operate a temperature monitoring device at the scrubber 
gas stream exit.
    (iii) If the difference between the specific gravity of the 
scrubber effluent scrubbing fluid and specific gravity of the scrubber 
inlet scrubbing fluid is greater than or equal to 0.02 specific gravity 
units, you may install and operate a specific gravity monitoring device 
on the inlet and outlet of the scrubber.
    (3) If the scrubbing liquid is a reactant (e.g., lime, ammonia 
hydroxide), you must install and operate one of the devices listed in 
either paragraph (c)(3)(i), (ii), or (iii) of this section.
    (i) A pH monitoring device to monitor the pH of the scrubber liquid 
effluent.
    (ii) A caustic strength monitoring device to monitor the caustic 
strength of the scrubber liquid effluent.
    (iii) A conductivity monitoring device to monitor the conductivity 
of the scrubber liquid effluent.
    (d) Regenerative adsorber monitoring. If you are using a 
regenerative adsorber to meet an emission limit in Table 1 or 2 to this 
subpart and you are required to use CPMS as specified in Sec.  
63.11925(c), you must install and operate the applicable monitoring 
equipment listed in paragraphs (d)(1) through (5) of this section, and 
comply with the requirements in paragraphs (d)(6) and (7) of this 
section. If the adsorption system water is deemed as wastewater or 
process vents as specified in Sec.  63.11935, it is subject to the 
requirements in this subpart.
    (1) For non-vacuum regeneration systems, an integrating 
regeneration stream flow monitoring device having an accuracy of <plus-
minus>10 percent, capable of recording the total regeneration stream 
mass for each regeneration cycle. For non-vacuum regeneration systems, 
an integrating regeneration stream flow monitoring device capable of 
continuously recording the total regeneration stream mass flow for each 
regeneration cycle.
    (2) For non-vacuum regeneration systems, an adsorber bed 
temperature monitoring device, capable of continuously recording the 
adsorber bed temperature after each regeneration and within 15 minutes 
of completing any temperature regulation (cooling or warming to bring 
bed temperature closer to vent gas temperature) portion of the 
regeneration cycle.
    (3) For non-vacuum and non-steam regeneration systems, an adsorber 
bed temperature monitoring device capable of continuously recording the 
bed temperature during regeneration, except during any temperature 
regulating (cooling or warming to bring bed temperature closer to vent 
gas temperature) portion of the regeneration cycle.
    (4) For a vacuum regeneration system, a pressure transmitter 
installed in the vacuum pump suction line capable of continuously 
recording the vacuum level for each minute during regeneration. You 
must establish a minimum target and a length of time at which the 
vacuum must be below the minimum target during regeneration.
    (5) A device capable of monitoring the regeneration frequency 
(i.e., operating time since last regeneration) and duration.
    (6) You must perform a verification of the adsorber during each day 
of operation. The verification must be through visual observation or 
through an automated alarm or shutdown system that monitors and records 
system

[[Page 29576]]

operational parameters. The verification must verify that the adsorber 
is operating with proper valve sequencing and cycle time.
    (7) You must conduct weekly measurements of the carbon bed outlet 
volatile organic compounds concentration, as specified in this 
paragraph (d)(7), over the last 5 minutes of an adsorption cycle for 
each carbon bed. For regeneration cycles longer than 1 week, you must 
perform the measurement over the last 5 minutes of each adsorption 
cycle for each carbon bed. The outlet concentration of volatile organic 
compounds must be measured using a portable analyzer, in accordance 
with Method 21 at 40 CFR part 60, appendix A-7, for open-ended lines. 
Alternatively, outlet concentration of HAP(s) may be measured using 
chromatographic analysis using Method 18 at 40 CFR part 60, appendix A-
6.
    (e) Non-regenerative adsorber monitoring. If you are using a non-
regenerative adsorber, or canister type system that is sent off site 
for regeneration or disposal, to meet an emission limit in Table 1 or 2 
to this subpart and you are required to use CPMS as specified in Sec.  
63.11925(c), you must install a system of dual adsorber units in series 
and conduct the monitoring and bed replacement as specified in 
paragraphs (e)(1) through (4) of this section.
    (1) Establish the average adsorber bed life by conducting daily 
monitoring of the outlet volatile organic compound or HAP 
concentration, as specified in this paragraph (e)(1), of the first 
adsorber bed in series until breakthrough occurs for the first three 
adsorber bed change-outs. The outlet concentration of volatile organic 
compounds must be measured using a portable analyzer, in accordance 
with Method 21 at 40 CFR part 60, Appendix A-7, for open-ended lines. 
Alternatively, outlet concentration of HAP may be measured using 
chromatographic analysis using Method 18 at 40 CFR part 60, Appendix A-
6. Breakthrough of the bed is defined as the time when the level of HAP 
detected is at the highest concentration allowed to be discharged from 
the adsorber system.
    (2) Once the average life of the bed is determined, conduct ongoing 
monitoring as specified in paragraphs (e)(2)(i) through (iii) of this 
section.
    (i) Except as provided in paragraphs (e)(2)(ii) and (iii) of this 
section, conduct daily monitoring of the adsorber bed outlet volatile 
organic compound or HAP concentration, as specified in paragraph (e)(1) 
of this section.
    (ii) You may conduct monthly monitoring if the adsorbent has more 
than 2 months of life remaining, as determined by the average primary 
adsorber bed life, established in paragraph (e)(1) of this section, and 
the date the adsorbent was last replaced.
    (iii) You may conduct weekly monitoring if the adsorbent has more 
than 2 weeks of life remaining, as determined by the average primary 
adsorber bed life, established in paragraph (e)(1) of this section, and 
the date the adsorbent was last replaced.
    (3) The first adsorber in series must be replaced immediately when 
breakthrough is detected between the first and second adsorber. The 
original second adsorber (or a fresh canister) will become the new 
first adsorber and a fresh adsorber will become the second adsorber. 
For purposes of this paragraph (e)(3), ``immediately'' means within 8 
hours of the detection of a breakthrough for adsorbers of 55 gallons or 
less, and within 24 hours of the detection of a breakthrough for 
adsorbers greater than 55 gallons.
    (4) In lieu of replacing the first adsorber immediately, you may 
elect to monitor the outlet of the second canister beginning on the day 
the breakthrough between the first and second canister is identified 
and each day thereafter. This daily monitoring must continue until the 
first canister is replaced. If the constituent being monitored is 
detected at the outlet of the second canister during this period of 
daily monitoring, both canisters must be replaced within 8 hours of the 
time of detection of volatile organic compounds or HAP at 90 percent of 
the allowed level (90 percent of breakthrough definition).
    (f) Condenser monitoring. If you are using a condenser to meet an 
emission limit in Table 1 or 2 to this subpart and you are required to 
use CPMS as specified in Sec.  63.11925(c), you must install and 
operate a condenser exit gas temperature monitoring device.
    (g) Sorbent injection monitoring. If you are using sorbent 
injection as an emission control technique to comply with an emission 
limit in Table 1 or 2 to this subpart and you are required to use CPMS 
as specified in Sec.  63.11925(c), you must equip sorbent injection 
systems with the monitoring equipment specified in paragraphs (g)(1) 
through (3) of this section, as applicable. You must also meet the 
requirements in paragraph (h) of this section for the fabric filters 
used for sorbent collection.
    (1) A flow meter to monitor the rate of sorbent injection.
    (2) A flow meter to monitor the sorbent injection system carrier 
gas flow rate.
    (3) You must install and operate a temperature monitoring device to 
monitor the temperature in the ductwork immediately downstream of the 
fire box of the combustion device. Also, if you are using a particulate 
matter control device upstream of the adsorbent injection system, you 
must install and operate a temperature monitoring device to monitor the 
temperature in the ductwork immediately downstream of the particulate 
matter control device.
    (h) Fabric filter monitoring. If you are using a fabric filter to 
meet an emission limit in Table 1 or 2 to this subpart and you are 
required to use CPMS as specified in Sec.  63.11925(c), you must equip 
the fabric filter with a bag leak detection system that meets the 
requirements in paragraphs (h)(1) through (11) of this section. You 
must conduct the performance evaluation specified in paragraph (h)(12) 
of this section.
    (1) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations and in 
accordance with the guidance provided in Fabric Filter Bag Leak 
Detection Guidance, EPA-454/R-98-015, September 1997 (incorporated by 
reference, see Sec.  63.14) such that the alarm does not sound more 
than 5 percent of the operating time during a 6-month period. You must 
calculate the alarm time as specified in paragraphs (h)(1)(i) through 
(iv).
    (i) If inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted.
    (ii) If corrective action is required, each alarm time shall be 
counted as a minimum of 1 hour.
    (iii) If you take longer than 1 hour to initiate corrective action, 
each alarm time (i.e., time that the alarm sounds) is counted as the 
actual amount of time taken by you to initiate corrective action.
    (iv) Your maximum alarm time is equal to 5 percent of the operating 
time during a 6-month period.
    (2) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (3) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system must be equipped with an alarm 
system that will alert an operator automatically

[[Page 29577]]

when an increase in particulate matter emissions over a preset level is 
detected. The alarm must be located such that the alert is detected and 
recognized easily by an operator.
    (6) For positive pressure fabric filter systems that do not duct 
all compartments of cells to a common stack, a bag leak detection 
system must be installed in each fabric filter compartment or cell. If 
a negative pressure or induced air filter is used, the bag leak 
detector must be installed downstream of the fabric filter. If multiple 
bag leak detectors are required, the system's instrumentation and alarm 
may be shared among detectors.
    (7) Calibration of the bag leak detection system must, at a 
minimum, consist of establishing the relative baseline output level by 
adjusting the range and the averaging period of the device and 
establishing the alarm set points and the alarm delay time.
    (8) Following initial adjustment, you must not adjust the 
sensitivity or range, averaging period, alarm set points, or alarm 
delay time, except as established in an operation and maintenance plan 
required in paragraph (h)(10) of this section that is to be submitted 
with the notification of compliance status report. In no event may the 
sensitivity be increased more than 100 percent or decreased by more 
than 50 percent over a 365-day period unless such adjustment follows a 
complete baghouse inspection that demonstrates the baghouse is in good 
operating condition.
    (9) If the alert on a bag leak detection system is triggered, you 
must, within 1 hour of an alarm, initiate the procedures to identify 
the cause of the alarm and take corrective action as specified in the 
corrective action plan required in paragraph (h)(11) of this section.
    (10) You must maintain an operation and maintenance plan describing 
the items in paragraphs (h)(10)(i) through (v) of this section.
    (i) Installation of the bag leak detection system.
    (ii) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established.
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures.
    (iv) How the bag leak detection system will be maintained, 
including a routine maintenance schedule and spare parts inventory 
list.
    (v) How the bag leak detection system output will be recorded and 
stored.
    (11) You must maintain a corrective action plan describing 
corrective actions to be taken, and the timing of those actions when 
the particulate matter concentration exceeds the setpoint and activates 
the alarm. Corrective actions may include, but are not limited to the 
actions listed in paragraphs (h)(11)(i) through (vi) of this section.
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other conditions that may cause an increase in 
particulate matter emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the control device producing the particulate 
matter emissions.
    (12) You must conduct an initial performance evaluation of each 
continuous monitoring system and bag leak detection system, as 
applicable, in accordance with your quality control program site-
specific performance evaluation test plan (or site-specific monitoring 
plan specified in Sec.  63.11935(c) for CPMS), according to Sec.  
63.8(d). For the purposes of this subpart, the provisions of Sec.  
63.8(d), also apply to the bag leak detection system.
    (i) Other control devices. If you use a control device other than 
those listed in this subpart to comply with an emission limit in Table 
1 or 2 to this subpart and you are required to use CPMS as specified in 
Sec.  63.11925(c), you must comply with the requirements as specified 
in paragraphs (i)(1) and (2) of this section.
    (1) Submit a description of the planned monitoring, recordkeeping 
and reporting procedures as required in Sec.  63.11985(b)(5)(iv). The 
Administrator will approve, deny, or modify the proposed monitoring, 
reporting and recordkeeping requirements as part of the review of the 
plan or through the review of the permit application or by other 
appropriate means.
    (2) You must establish operating limits for monitored parameters 
that are approved by the Administrator. To establish the operating 
limit, the information required in Sec.  63.11935(d) must be submitted 
in the notification of compliance status report specified in Sec.  
63.11985(a).
    (j) Alternatives to monitoring requirements.
    (1) You may request approval to use alternatives to the continuous 
operating parameter monitoring listed in this section, as specified in 
Sec.  63.11985(c)(5).
    (2) You may request approval to monitor a different parameter than 
those established in Sec.  63.11935(d) or to set unique monitoring 
parameters, as specified in Sec.  63.11985(c)(6). Until permission to 
use an alternative monitoring procedure, method, or parameter has been 
granted by the Administrator, you remain subject to the requirements of 
this subpart.


Sec.  63.11945  What performance testing requirements must I meet for 
process vents?

    (a) General. For each control device used to meet a total organic 
HAP, vinyl chloride, hydrogen chloride, and/or dioxin/furan emission 
limit for process vents in Table 1 or 2 to this subpart, you must 
conduct the initial and periodic performance tests required in Sec.  
63.11925(d) and (e) and as specified in Sec.  63.11896 using the 
applicable test methods and procedures specified in Table 9 to this 
subpart and paragraphs (b) through (d) of this section.
    (b) Process operating conditions. You must conduct performance 
tests under the conditions specified in paragraphs (b)(1) through (3) 
of this section, as applicable. Upon request, the owner or operator 
shall make available to the Administrator such records as may be 
necessary to determine the conditions of performance tests.
    (1) Continuous process vents. For continuous process vents, you 
must conduct all performance tests at maximum representative operating 
conditions for the process. For continuous compliance, you must operate 
the control device as close as possible to your operating limit(s) for 
the control device established during the initial or subsequent 
performance tests specified in Sec.  63.11925(d) and (e). If an 
operating limit is a range, then you must operate the control device as 
close as possible to the maximum or minimum operating limit for the 
control device, whichever results in higher emissions (i.e., lower 
emission reduction).
    (2) Batch process operations. Testing must be conducted at absolute 
worst-case conditions or hypothetical worst-case conditions as 
specified in paragraph (c) of this section.
    (3) Combination of both continuous and batch unit operations. You 
must conduct performance tests when the batch process vents are 
operating at absolute worst-case conditions or hypothetical worst-case 
conditions, as specified in paragraphs (c)(1) and (2) of this section, 
and at maximum representative operating conditions for the process. For 
continuous compliance, you must operate the control device as

[[Page 29578]]

close as possible to your operating limit(s) for the control device 
established during the initial or subsequent performance tests 
specified in Sec.  63.11925 (d) and (e). If an operating limit is a 
range, then you must operate the control device as close as possible to 
the maximum or minimum operating limit for the control device, 
whichever results in higher emissions (i.e., lower emission reduction), 
unless the Administrator specifies or approves alternate operating 
conditions.
    (c) Batch worst-case conditions. The absolute worst-case conditions 
for batch process operations must be characterized by the criteria 
presented in paragraph (c)(1) of this section. The hypothetical worst-
case conditions for batch process operations must be characterized by 
the criteria presented in paragraph (c)(2) of this section. In all 
cases, a site-specific plan must be submitted to the Administrator for 
approval prior to testing in accordance with Sec.  63.7(c). The test 
plan must include the emission profile described in paragraph (c)(3) of 
this section.
    (1) Absolute worst-case conditions. For batch process operations, 
absolute worst-case conditions are defined by the criteria presented in 
paragraph (c)(1)(i) of this section if the maximum load is the most 
challenging condition for the control device. Otherwise, absolute 
worst-case conditions are defined by the conditions in paragraph 
(c)(1)(ii) of this section. You must consider all relevant factors, 
including load and compound-specific characteristics in defining 
absolute worst-case conditions.
    (i) A 1-hour period of time in which the inlet to the control 
device contains the highest HAP mass loading rate, in pounds per hour, 
capable of being vented to the control device. An emission profile as 
described in paragraph (c)(3) of this section must be used to identify 
the 1-hour period of maximum HAP loading.
    (ii) The period of time when the HAP loading or stream composition 
(including non-HAP) is most challenging for the control device. These 
conditions include, but are not limited to the following:
    (A) Periods when the stream contains the highest combined organic 
load, in pounds per hour, described by the emission profiles in 
paragraph (c)(3) of this section.
    (B) Periods when the streams contain HAP constituents that approach 
limits of solubility for scrubbing media.
    (C) Periods when the streams contain HAP constituents that approach 
limits of adsorptivity for adsorption systems.
    (2) Hypothetical worst-case conditions. For batch process 
operations, hypothetical worst-case conditions are simulated test 
conditions that, at a minimum, contain the highest hourly HAP load of 
emissions that would be predicted to be vented to the control device 
from the emissions profile described in paragraphs (c)(3)(ii) or (iii) 
of this section.
    (3) Emission profile. For batch process operations, you must 
develop an emission profile for the vent to the control device that 
describes the characteristics of the vent stream at the inlet to the 
control device under worst-case conditions. The emission profile must 
be developed based on any one of the procedures described in paragraphs 
(c)(3)(i) through (iii) of this section.
    (i) Emission profile by process. The emission profile must consider 
all batch emission episodes that could contribute to the vent stack for 
a period of time that is sufficient to include all processes venting to 
the stack and must consider production scheduling. The profile must 
describe the HAP load to the device that equals the highest sum of 
emissions from the episodes that can vent to the control device in any 
given hour. Emissions per episode must be calculated using the 
procedures specified in Sec.  63.11950. Emissions per episode must be 
divided by the duration of the episode only if the duration of the 
episode is longer than 1 hour.
    (ii) Emission profile by equipment. The emission profile must 
consist of emissions that meet or exceed the highest emissions, in 
pounds per hour that would be expected under actual processing 
conditions. The profile must describe equipment configurations used to 
generate the emission events, volatility of materials processed in the 
equipment, and the rationale used to identify and characterize the 
emission events. The emissions may be based on using a compound more 
volatile than compounds actually used in the process(es), and the 
emissions may be generated from all equipment in the process(es) or 
only selected equipment.
    (iii) Emission profile by capture and control device limitation. 
The emission profile must consider the capture and control system 
limitations and the highest emissions, in pounds per hour that can be 
routed to the control device, based on maximum flowrate and 
concentrations possible because of limitations on conveyance and 
control equipment (e.g., fans and lower explosive level alarms).
    (d) Concentration correction calculation. If a combustion device is 
the control device and supplemental combustion air is used to combust 
the emissions, the concentration of total organic HAP, vinyl chloride, 
and hydrogen chloride must be corrected as specified in paragraph 
(d)(1) or (2) of this section. If a control device other than a 
combustion device is used to comply with an outlet concentration 
emission limit for batch process vents, you must correct the actual 
concentration for supplemental gases as specified in paragraph (d)(3) 
of this section.
    (1) Determine the concentration of total organic HAP, vinyl 
chloride, or hydrogen chloride corrected to 3-percent oxygen 
(C<INF>c</INF>) using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP20MY11.045

Where:

C<INF>c</INF> = Concentration of total organic HAP, vinyl chloride, 
or hydrogen chloride corrected to 3-percent oxygen, dry basis, parts 
per million by volume.
C<INF>m</INF> = Concentration of total organic HAP, vinyl chloride, 
or hydrogen chloride, dry basis, parts per million by volume.
%O<INF>2d</INF> = Concentration of oxygen, dry basis, percentage by 
volume.

    (2) To determine the oxygen concentration, you must use the 
emission rate correction factor (or excess air), integrated sampling 
and analysis procedures of Method 3, 3A, or 3B at 40 CFR part 60, 
appendix A-2, or ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses'' [Part 10, Instruments and Apparatus] (incorporated by 
reference, see Sec.  63.14).
    (3) Correct the measured concentration for supplemental gases using 
Equation 2 of this section. Process knowledge and representative 
operating data may be used to determine the fraction of the total flow 
due to supplemental gas.

[[Page 29579]]

[GRAPHIC] [TIFF OMITTED] TP20MY11.046

Where:

C<INF>a</INF> = Corrected outlet concentration of HAP, dry basis, 
parts per million by volume (ppmv).
C<INF>m</INF> = Actual concentration of HAP measured at control 
device outlet, dry basis, ppmv.
Q<INF>a</INF> = Total volumetric flow rate of all gas streams vented 
to the control device, except supplemental gases.
Q<INF>s</INF> = total volumetric flow rate of supplemental gases.


Sec.  63.11950  What emissions calculations must I use for an emission 
profile by process of my batch process operation?

    Except as specified in paragraph (i) of this section, if you choose 
to develop an emission profile by process for your batch process 
operation as specified in Sec.  63.11945(c)(3)(i) when determining your 
absolute worst-case conditions, you must calculate emissions from 
episodes caused by vapor displacement, purging a partially filled 
vessel, heating, depressurization, vacuum operations, gas evolution, 
air drying, or empty vessel purging, using the applicable procedures in 
paragraphs (a) through (h) of this section.
    (a) Vapor displacement. You must calculate emissions from vapor 
displacement due to transfer of material using Equation 3 of this 
section.
[GRAPHIC] [TIFF OMITTED] TP20MY11.047

Where:

E = Mass of HAP emitted.
V = Volume of gas displaced from the vessel.
R = Ideal gas law constant.
T = Temperature of the vessel vapor space; absolute.
P<INF>i</INF> = Partial pressure of the individual HAP.
MW<INF>i</INF> = Molecular weight of the individual HAP.
n = Number of HAP compounds in the emission stream.
i = Identifier for a HAP compound.

    (b) Gas sweep of a partially filled vessel. You must calculate 
emissions from purging a partially filled vessel using Equation 4 of 
this section. The pressure of the vessel vapor space may be set equal 
to 760 millimeters of mercury (mmHg). You must multiply the HAP partial 
pressure in Equation 4 of this section by a HAP-specific saturation 
factor determined in accordance with Equations 5 through 7 of this 
section. Solve Equation 5 of this section iteratively beginning with 
saturation factors (in the right-hand side of the equation) of 1.0 for 
each condensable compound. Stop iterating when the calculated 
saturation factors for all compounds are the same to two significant 
figures for subsequent iterations. Note that for multi-component 
emission streams, saturation factors must be calculated for all 
condensable compounds, not just the HAP.
[GRAPHIC] [TIFF OMITTED] TP20MY11.048

Where:

E = Mass of HAP emitted.
V = Purge flow rate of the noncondensable gas at the temperature and 
pressure of the vessel vapor space.
R = Ideal gas law constant.
T = Temperature of the vessel vapor space; absolute.
P<INF>i</INF> = Partial pressure of the individual HAP at saturated 
conditions.
P<INF>j</INF> = Partial pressure of individual condensable compounds 
(including HAP) at saturated conditions.
P<INF>T</INF> = Pressure of the vessel vapor space.
MW<INF>i</INF> = Molecular weight of the individual HAP.
t = Time of purge.
n = Number of HAP compounds in the emission stream.
i = Identifier for a HAP compound.
j = Identifier for a condensable compound.
m = Number of condensable compounds (including HAP) in the emission 
stream.

[[Page 29580]]

[GRAPHIC] [TIFF OMITTED] TP20MY11.049

Where:

S<INF>i</INF> = Saturation factor for individual condensable 
compounds.
P<INF>i</INF> = Partial pressure of individual condensable compounds 
at saturated conditions.
P<INF>T</INF> = Pressure of the vessel vapor space.
A = Surface area of liquid.
V = Purge flow rate of the noncondensable gas.
V<INF>i</INF><SUP>sat</SUP> = Volumetric flow rate of individual 
condensable compounds at saturated vapor pressure.
K<INF>i</INF> = Mass transfer coefficient of individual condensable 
compounds in the emission stream.
K<INF>o</INF> = Mass transfer coefficient of reference compound 
(e.g., 0.83 cm/s for water).
M<INF>o</INF> = Molecular weight of reference compound (e.g., 18.02 
for water).
M<INF>i</INF> = Molecular weight of individual condensable compounds 
in the emission stream.
n = Number of condensable compounds in the emission stream.

    (c) Heating. You must calculate emissions caused by the heating of 
a vessel to a temperature lower than the boiling point using the 
procedures in paragraph (c)(1) of this section. If the contents of a 
vessel are heated to the boiling point, you must calculate emissions 
using the procedures in paragraph (c)(2) of this section.
    (1) If the final temperature to which the vessel contents are 
heated is lower than the boiling point of the HAP in the vessel, you 
must calculate the mass of HAP emitted per episode using Equation 8 of 
this section. The average gas space molar volume during the heating 
process is calculated using Equation 9 of this section. The difference 
in the number of moles of condensable in the vessel headspace between 
the initial and final temperatures is calculated using Equation 10 of 
this section.
[GRAPHIC] [TIFF OMITTED] TP20MY11.050

Where:

E = Mass of HAP vapor displaced from the vessel being heated.
N<INF>avg</INF> = Average gas space molar volume during the heating 
process.
P<INF>T</INF> = Total pressure in the vessel.
P<INF>i,1</INF> = Partial pressure of the individual HAP compounds 
at initial temperature (T<INF>1</INF>).
P<INF>i,2</INF> = Partial pressure of the individual HAP compounds 
at final temperature (T<INF>2</INF>).
MW<INF>HAP</INF> = Average molecular weight of the HAP compounds 
calculated using Equation 13 of this section.
n<INF>i,1</INF> = Number of moles of condensable in the vessel 
headspace at initial temperature (T<INF>1</INF>).
n<INF>i,2</INF> = Number of moles of condensable in the vessel 
headspace at final temperature (T<INF>2</INF>).
n = Number of HAP compounds in the emission stream.
ln = Natural logarithm.
[GRAPHIC] [TIFF OMITTED] TP20MY11.051

Where:

N<INF>avg</INF> = Average gas space molar volume during the heating 
process.
V = Volume of free space in vessel.
P<INF>T</INF> = Total pressure in the vessel.
R = Ideal gas law constant.
T<INF>1</INF> = Initial temperature of the vessel.
T<INF>2</INF> = Final temperature of the vessel.
[GRAPHIC] [TIFF OMITTED] TP20MY11.052

Where:

V = Volume of free space in vessel.
R = Ideal gas law constant.
T<INF>1</INF> = Initial temperature in the vessel.
T<INF>2</INF> = Final temperature in the vessel.
P<INF>i,1</INF> = Partial pressure of the individual HAP compounds 
at T<INF>1</INF>.
P<INF>i,2</INF> = Partial pressure of the individual HAP compounds 
at T<INF>2</INF>.
n = Number of HAP compounds in the emission stream.


[[Page 29581]]


    (2) If the final temperature to which the vessel contents are 
heated is at the boiling point or higher, you must calculate emissions 
using the procedure in paragraphs (c)(2)(i) and (ii) of this section.
    (i) To calculate the emissions from heating to the boiling point 
use Equations 11, 12, and 13 of this section. (Note that Pa<INF>2</INF> 
= 0 in the calculation of [Delta][eta] in Equation 12 of this section.)
[GRAPHIC] [TIFF OMITTED] TP20MY11.053

Where:

E = Mass of HAP emitted.
[Delta][eta] = The number of moles of noncondensable displaced from 
the vessel, as calculated using Equation 12 of this section.
P<INF>T</INF> = Pressure in the receiver.
P<INF>i</INF> = Partial pressure of the individual HAP determined at 
the exit temperature of the condenser or at the conditions of the 
dedicated receiver.
P<INF>j</INF> = Partial pressure of the individual condensable 
(including HAP) determined at the exit temperature of the condenser 
or at the conditions of the dedicated receiver.
n = Number of HAP compounds in the emission stream.
i = Identifier for a HAP compound.
j = Identifier for a condensable compound.
MW<INF>HAP</INF> = The average molecular weight of HAP in vapor 
exiting the dedicated receiver, as calculated using Equation 13 of 
this section with partial pressures determined at the exit 
temperature and exit pressure conditions of the condenser or at the 
conditions of the dedicated receiver.
m = Number of condensable compounds (including HAP) in the emission 
stream.
[GRAPHIC] [TIFF OMITTED] TP20MY11.054

[GRAPHIC] [TIFF OMITTED] TP20MY11.055

Where:

[Delta][eta] = Number of moles of noncondensable gas displaced from 
the vessel.
V = Volume of free space in the vessel.
R = Ideal gas law constant.
T<INF>1</INF> = Initial temperature of vessel contents, absolute.
T<INF>2</INF> = Final temperature of vessel contents, absolute.
Pa<INF>n</INF> = Partial pressure of noncondensable gas in the 
vessel headspace at initial (n=1) and final (n=2) temperature.
MW<INF>HAP</INF> = The average molecular weight of HAP in vapor 
exiting the dedicated receiver.
(P<INF>i</INF>)<INF>Tn</INF> = Partial pressure of each HAP in the 
vessel headspace at initial (T1) and final (T2) temperature of the 
receiver.
MW<INF>i</INF> = Molecular weight of the individual HAP.
n = Number of HAP compounds in the emission stream.
i = Identifier for a HAP compound.

    (ii) While boiling, the vessel must be operated with a properly 
operated process condenser. An initial demonstration that a process 
condenser is properly operated must be conducted during the boiling 
operation and documented in the notification of compliance status 
report described in Sec.  63.11985(a). You must either measure the 
liquid temperature in the receiver or the temperature of the gas stream 
exiting the condenser and show it is less than the boiling or bubble 
point of the HAP(s) in the vessel; or perform a material balance around 
the vessel and condenser and show that at least 99 percent of the 
recovered HAP vaporized while boiling is condensed. This demonstration 
is not required if the process condenser is followed by a condenser 
acting as a control device or if the control device is monitored using 
a CEMS.
    (d) Depressurization. You must calculate emissions from 
depressurization using Equation 14 of this section.
[GRAPHIC] [TIFF OMITTED] TP20MY11.056


[[Page 29582]]


Where:

E = Emissions.
V = Free volume in vessel being depressurized.
R = Ideal gas law constant.
T = Temperature of the vessel, absolute.
P<INF>1</INF> = Initial pressure in the vessel.
P<INF>2</INF> = Final pressure in the vessel.
P<INF>j</INF> = Partial pressure of the individual condensable 
compounds (including HAP).
MW<INF>i</INF> = Molecular weight of the individual HAP compounds.
n = Number of HAP compounds in the emission stream.
m = Number of condensable compounds (including HAP) in the emission 
stream.
i = Identifier for a HAP compound.
j = Identifier for a condensable compound.
ln = Natural logarithm.

    (e) Vacuum systems. You must calculate emissions from vacuum 
systems using Equation 15 of this section if the air leakage rate is 
known or can be approximated. The receiving vessel is part of the 
vacuum system for purposes of this subpart.
[GRAPHIC] [TIFF OMITTED] TP20MY11.057

Where:

E = Mass of HAP emitted.
P<INF>T</INF> = Absolute pressure of receiving vessel or ejector 
outlet conditions, if there is no receiver.
P<INF>i</INF> = Partial pressure of the HAP at the receiver 
temperature or the ejector outlet conditions.
P<INF>j</INF> = Partial pressure of condensable (including HAP) at 
the receiver temperature or the ejector outlet conditions.
La = Total air leak rate in the system, mass/time.
MW<INF>nc</INF> = Molecular weight of noncondensable gas.
t = Time of vacuum operation.
MW<INF>i</INF> = Molecular weight of the individual HAP in the 
emission stream, with HAP partial pressures calculated at the 
temperature of the receiver or ejector outlet, as appropriate.

    (f) Gas evolution. You must calculate emissions from gas evolution 
using Equation 15 in paragraph (e) of this section with mass flow rate 
of gas evolution, Wg, substituted for La.
    (g) Air drying. You must calculate emissions from air drying using 
Equation 16 of this section:
[GRAPHIC] [TIFF OMITTED] TP20MY11.058

Where:

E = Mass of HAP emitted.
B = Mass of dry solids.
PS<INF>1</INF> = HAP in material entering dryer, weight percent.
PS<INF>2</INF> = HAP in material exiting dryer, weight percent.

    (h) Empty vessel purging. You must calculate emissions from empty 
vessel purging using Equation 17 of this section (Note: The term 
e<SUP>-Ft/v</SUP> can be assumed to be 0):
[GRAPHIC] [TIFF OMITTED] TP20MY11.059

Where:

V = Volume of empty vessel.
R = Ideal gas law constant.
T = Temperature of the vessel vapor space; absolute.
P<INF>i</INF> = Partial pressure of the individual HAP at the 
beginning of the purge.
MW<INF>i</INF> = Molecular weight of the individual HAP.
F = Flow rate of the purge gas.
t = Duration of the purge.
n = Number of HAP compounds in the emission stream.
i = Identifier for a HAP compound.

    (i) Engineering assessments. You must conduct an engineering 
assessment to calculate HAP emissions for each batch emission episode 
that is not due to vapor displacement, partially filled vessel purging, 
heating, depressurization, vacuum operations, gas evolution, air 
drying, or empty vessel purging. An engineering assessment may also be 
used to support a finding that the emissions estimation equations in 
this section are inappropriate. All data, assumptions, and procedures 
used in the engineering assessment must be documented, are subject to 
preapproval by the Administrator, and must be reported in the batch 
precompliance report. An engineering assessment may include, but is not 
limited to, the items listed in paragraphs (i)(1) through (4) of this 
section.
    (1) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (2) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (3) Maximum flow rate, HAP emission rate, concentration, or other 
relevant parameter specified or implied within a permit limit 
applicable to the process vent.
    (4) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties.

[[Page 29583]]

Examples of analytical methods include, but are not limited to the 
following:
    (i) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations.
    (ii) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities.
    (iii) Estimation of HAP concentrations based on saturation 
conditions.


Sec.  63.11955  What are my initial and continuous compliance 
requirements for other emission sources?

    (a) For each process component (including pre-polymerization 
reactors used in the manufacture of bulk resins) that contains a gas, 
vapor, liquid, or solid material containing HAP, except for the process 
components specified in paragraphs (a)(1) through (3) of this section, 
before opening the process component for any reason, the quantity of 
total HAP is to be reduced to an amount that occupies a volume of no 
more than 2.0 percent of the component's containment volume or 25 
gallons, whichever is larger, at standard temperature and pressure.
    (1) Process components that, during opening, are vented to a closed 
vent system and control device meeting the requirements in Sec. Sec.  
63.11925 through 63.11950.
    (2) Pressure relief devices meeting the requirements in Sec.  
63.11915(c).
    (3) Process vent bypasses meeting the requirements specified in 
Sec.  63.11930(c).
    (b) Before opening a polymerization reactor for any reason, the 
quantity of vinyl chloride is not to exceed 0.04 pounds per ton of PVC 
product, with the product determined on a dry solids basis.
    (c) Any gas or vapor HAP removed from a process component in 
accordance with paragraphs (a)(2) and (3) of this section is to be 
vented to a closed vent system and control device meeting the 
requirements in Sec.  63.11925.


Sec.  63.11956  What are my compliance requirements for ambient 
monitoring?

    You must operate a reliable and accurate vinyl chloride monitoring 
system for detection of major leaks and identification of the general 
area of the affected source where a leak is located. A vinyl chloride 
monitoring system means a device which obtains air samples from one or 
more points on a continuous sequential basis and analyzes the samples 
with gas chromatography or, if you assume that all hydrocarbons 
measured are vinyl chloride, analyzes the samples with infrared 
spectrophotometry, flame ion detection, or an equivalent or alternative 
method. You must operate the vinyl chloride monitoring system according 
to a program that you develop for your affected source. You must submit 
a description of the program to the Administrator within 45 days of 
your compliance date, unless a waiver of compliance is granted by the 
Administrator, or the program has been approved and the Administrator 
does not request a review of the program. Approval of a program will be 
granted by the Administrator provided the Administrator finds:
    (a) The location and number of points to be monitored and the 
frequency of monitoring provided for in the program are acceptable when 
they are compared with the number of pieces of equipment in vinyl 
chloride service and size and physical layout of the affected source.
    (b) It contains a definition of leak which is acceptable when 
compared with the background concentrations of vinyl chloride in the 
areas of the plant to be monitored by the vinyl chloride monitoring 
system. Measurements of background concentrations of vinyl chloride in 
the areas of the plant to be monitored by the vinyl chloride monitoring 
system are to be included with the description of the program. The 
definition of leak for a given plant may vary among the different areas 
within the plant and is also to change over time as background 
concentrations in the plant are reduced.
    (c) It contains an acceptable plan of action to be taken when a 
leak is detected.
    (d) It provides for an acceptable calibration and maintenance 
schedule for the vinyl chloride monitoring system and portable 
hydrocarbon detector. For the vinyl chloride monitoring system, a daily 
span check is to be conducted with a concentration of vinyl chloride 
equal to the concentration defined as a leak according to paragraph (b) 
of this section. The calibration is to be done with either:
    (1) A calibration gas mixture prepared from the gases specified in 
sections 7.2.1 and 7.2.2 of Method 106 and in accordance with section 
10.1 of Method 106, or
    (2) A calibration gas cylinder standard containing the appropriate 
concentration of vinyl chloride. The gas composition of the calibration 
gas cylinder standard is to have been certified by the manufacturer. 
The manufacturer must have recommended a maximum shelf life for each 
cylinder so that the concentration does not change greater than <plus-
minus>5 percent from the certified value. The date of gas cylinder 
preparation, certified vinyl chloride concentration, and recommended 
maximum shelf life must have been affixed to the cylinder before 
shipment from the manufacturer to the buyer. If a gas chromatograph is 
used as the vinyl chloride monitoring system, these gas mixtures may be 
directly used to prepare a chromatograph calibration curve as described 
in Sections 8.1 and 9.2 of Method 106. The requirements in Sections 
7.2.3.1 and 7.2.3.2 of Method 106 for certification of cylinder 
standards and for establishment and verification of calibration 
standards are to be followed.


Sec.  63.11960  What are my initial and continuous compliance 
requirements for stripped resin?

    (a) Emission limits. You must meet the applicable vinyl chloride 
and total HAP emission limits for stripped resin specified in Table 1 
or 2 to this subpart.
    (b) Demonstration of initial compliance. For each stripped resin 
stream specified in paragraph (a) of this section, you must meet the 
requirements in paragraphs (b)(1) through (6) of this section to 
demonstrate initial compliance. You must demonstrate compliance for 
each resin stripper or for each group of resin strippers used to 
process the same type of resin.
    (1) For each resin stripper required to meet the emission limit for 
stripped resin in Table 1 or 2 to this section, you must prepare the 
site-specific monitoring plan specified in Sec.  63.11935(c)(1) for 
CPMS. You must install, operate, and maintain CPMS meeting the 
requirements of Sec.  63.11935(c) and capable of continuously 
monitoring the parameters specified in paragraph (c)(1) of this 
section. You must conduct an initial site-specific performance 
evaluation test of each CPMS according to your site-specific monitoring 
plan.
    (2) You must conduct an initial performance test for the resin 
stripper, measuring the concentration of vinyl chloride in the stripped 
resin at the outlet of each resin stripper as specified in paragraphs 
(b)(2)(i) through (iv) of this section.
    (i) Use the test method(s) and procedures specified in paragraph 
(d) of this section.
    (ii) Collect samples on a day when the PVCPU (or collection of 
PVCPUs, as applicable, if demonstrating compliance with a group of 
strippers) is producing the resin grade of which you manufacture the 
most, based on total mass of resin produced in the month preceding the 
sampling event.
    (iii) For continuous processes, collect 1 grab sample for each 8 
hours or per grade of PVC produced, whichever is more frequent, during 
a 24-hour sampling period.

[[Page 29584]]

    (iv) For batch processes, collect 1 grab sample for each batch 
during a 24-hour sampling period. Sampling must be completed 
immediately after stripping.
    (3) Demonstrate initial compliance with the vinyl chloride emission 
limit in Table 1 or 2 to this subpart as specified in paragraphs 
(b)(3)(i) and (ii) of this section.
    (i) Calculate the 24-hour arithmetic average vinyl chloride 
concentration for each stripper for each resin grade produced during 
the 24-hour sampling period, using the vinyl chloride concentrations 
measured for the grab samples collected as specified in paragraph 
(b)(2)(iii) or (iv) of this section.
    (ii) Demonstrate compliance with the vinyl chloride emission limit 
in Table 1 or 2 to this subpart based on the 24-hour arithmetic average 
concentration calculated in either paragraph (b)(3)(ii)(A) or (B) of 
this section.
    (A) If more than one resin grade was produced during the 24-hour 
sampling period, calculate the 24-hour weighted arithmetic average 
vinyl chloride concentration for each stripper, or for each group of 
strippers used to process the same type of resin, using the 24-hour 
average vinyl chloride concentrations calculated in paragraph (b)(3)(i) 
of this section and the mass of each resin grade produced during the 
24-hour sampling period.
    (B) If only one resin grade was produced during the 24-hour 
sampling event, use the 24-hour arithmetic average vinyl chloride 
concentration for the one resin grade in paragraph (b)(3)(i) of this 
section for each stripper or calculate the 24-hour arithmetic average 
vinyl chloride concentration for all strippers used to process the one 
grade of resin.
    (4) You must measure the concentration of total HAP in the stripped 
resin at the outlet of the resin stripper as specified in paragraphs 
(b)(4)(i) through (iv) of this section.
    (i) Use the test method(s) and procedures specified in paragraph 
(d) of this section.
    (ii) Collect samples on a day when the PVCPU (or collection of 
PVCPUs, as applicable, if demonstrating compliance with a group of 
strippers) is producing the resin grade of which you manufacture the 
most, based on total mass of resin produced in the month preceding the 
sampling event.
    (iii) For continuous processes, you must collect 1 grab sample for 
each 8 hours or per grade of PVC produced, whichever is more frequent, 
during a 24-hour sampling period.
    (iv) For batch processes, you must collect 1 grab sample for each 
batch during a 24-hour sampling period. Sampling must be completed 
immediately after stripping.
    (5) Demonstrate initial compliance with the total HAP emission 
limit for stripped resin in Table 1 or 2 to this subpart as specified 
in paragraphs (b)(5)(i) and (ii) of this section.
    (i) Calculate the 24-hour arithmetic average total HAP 
concentration for each stripper for each resin grade produced during 
the 24-hour sampling period, using the individual HAP concentrations 
measured for the grab samples collected in paragraph (b)(4)(iii) or 
(iv) of this section and the calculation procedures specified in 
paragraph (e) of this section.
    (ii) Demonstrate compliance with the total HAP emission limit for 
stripped resin in Table 1 or 2 to this subpart based on each 24-hour 
arithmetic average concentration calculated in either paragraph 
(b)(5)(ii)(A) or (B) of this section.
    (A) If more than one resin grade was produced during the 24-hour 
sampling period, calculate the 24-hour weighted arithmetic average 
total HAP concentration for each stripper, or for each group of 
strippers used to process the same type of resin, using the 24-hour 
average total HAP concentrations calculated in paragraph (b)(5)(i) of 
this section and the mass of each resin grade produced during the 24-
hour sampling period.
    (B) If only one resin grade was produced during the 24-hour 
sampling event, use the 24-hour arithmetic average total HAP 
concentration for the one resin grade in paragraph (b)(5)(i) of this 
section for each stripper or calculate the 24-hour arithmetic average 
vinyl chloride concentration for all strippers used to process the one 
grade of resin.
    (6) During the initial vinyl chloride and total HAP performance 
tests specified in paragraphs (b)(2) and (4) of this section, you must 
collect the CPMS data specified in paragraph (b)(1) of this section. 
Using this CPMS data, you must establish an operating limit according 
to the procedures specified in Sec.  63.11935(d) for each applicable 
operating parameter specified in paragraphs (c)(1)(i) through (iv) of 
this section. Each operating limit must be based on the data averaging 
period for compliance specified in Table 6 to this subpart using data 
collected at the minimum frequency specified in Sec. Sec.  
63.11935(c)(2) and 63.11890(c), and calculated using the data reduction 
method specified in Sec.  63.11935(e). For a CPMS used on a batch 
operation, you may use a data averaging period based on an operating 
block in lieu of the averaging period specified in Table 6 to this 
subpart.
    (c) Demonstration of continuous compliance. For each stripped resin 
stream specified in paragraph (a) of this section, you must meet the 
requirements in paragraphs (c)(1) through (6) of this section to 
demonstrate continuous compliance. Compliance must be demonstrated for 
each resin stripper or for each group of resin strippers used to 
process the same type of resin.
    (1) For each resin stripper required to meet the emission limit for 
stripper resin in Table 1 or 2 to this section, you must operate and 
maintain CPMS meeting the requirements of Sec.  63.11935(c) and capable 
of continuously recording the operating parameters specified in 
paragraphs (c)(1)(i) through (iv) of this section, as applicable. You 
must conduct periodic site-specific CPMS performance evaluation tests 
according to your site-specific monitoring plan and Sec.  63.11935(c).
    (i) For each resin steam stripper, you must monitor the ratio of 
steam feed rate to the flow rate of the resin entering the stripper and 
the temperature of the stripped resin exiting the stripper before any 
cooling process. The ratio of steam feed rate to entering resin flow 
rate is calculated by dividing the steam feed rate by the resin flow 
rate.
    (ii) For each resin vacuum stripper, you must monitor the vacuum 
level maintained in the column, the maximum flow rate of the resin 
entering the stripper, and the temperature of the stripped resin 
exiting the stripper before any cooling process. If steam is used, you 
must monitor the ratio of steam feed rate to the flow rate of the resin 
entering the resin stripper instead of the maximum flow rate of the 
resin entering the resin stripper. The ratio of steam feed rate to 
entering resin flow rate is calculated by dividing the steam feed rate 
by the resin flow rate.
    (iii) If you are using process components other than a steam or 
vacuum stripper to meet a vinyl chloride or total HAP level specified 
for stripped resin in Table 1 or 2 to this subpart, you must request 
approval to use an alternative process component by submitting to the 
Administrator the information specified in paragraphs (c)(1)(iii)(A) 
through (C) of this section.
    (A) A description of the proposed stripping process.
    (B) A description of the operating parameter(s) to be monitored to 
ensure the stripping process is operated in conformance with its design 
and achieves the performance level as specified in Table 1 or 2 to this 
subpart

[[Page 29585]]

and an explanation of the criteria used to select the operating 
parameter(s).
    (C) A description of the methods and procedures that will be used 
to demonstrate that the parameter specified in paragraph (c)(1)(iii)(B) 
of this section indicates proper operation of the resin stripper, the 
schedule for this demonstration, and a statement that you will 
establish an operating limit for the monitored operating parameter as 
part of the notification of compliance status report specified in Sec.  
63.11935(d).
    (iv) Alternatives to monitoring requirements.
    (A) You may request approval to use alternatives to the continuous 
operating parameter monitoring listed in paragraphs (c)(1)(i) through 
(iii) of this section, as specified in Sec.  63.11985(c)(5).
    (B) You may request approval to monitor a different operating 
parameter than those established in paragraphs (c)(1)(i) through (iii) 
of this section or to set a unique monitoring parameter, as specified 
in Sec.  63.11985(c)(6).
    (C) Until permission to use an alternative operating procedure, 
method, or operating parameter has been granted by the Administrator, 
you remain subject to the requirements of this subpart.
    (2) You must ensure that each operating parameter monitored in 
paragraph (c)(1) through (4) of this section for the stripper meets the 
operating limit established in paragraph (b)(4) of this section. You 
must continuously determine the average value of each monitored 
operating parameter based on the data collection and reduction methods 
specified in Sec.  63.11935(c)(2) and (e), and the applicable data 
averaging period for resin strippers specified in Table 6 to this 
subpart for all periods the process is operating. You must follow the 
data measurement and recording frequencies and data averaging periods 
specified in Table 6 to this subpart. For a CPMS used on a batch 
operation, you may use a data averaging period based on an operating 
block in lieu of the averaging periods specified in Table 6 to this 
subpart.
    (3) On a daily basis, you must measure the concentration of vinyl 
chloride in the stripped resin at the outlet of the resin stripper for 
continuous processes, or immediately after stripping for batch 
processes, using the test method(s) and procedures specified in 
paragraph (d) of this section, and the procedures specified in 
paragraphs (b)(2)(iii) and (iv) of this section.
    (4) You must demonstrate continuous compliance with the vinyl 
chloride emission limit in Table 1 or 2 to this subpart on a daily 
basis using the procedures specified for initial compliance in 
paragraphs (b)(3)(i) and (ii) of this section.
    (5) On a monthly basis, you must measure the concentration of total 
HAP in the stripped resin at the outlet of the resin stripper for 
continuous processes, or immediately after stripping for batch 
processes, as specified in paragraphs (b)(4)(i) through (iv) of this 
section. Individual sampling events may be 3 to 5 weeks apart, but you 
must conduct a minimum of 12 sampling events per calendar year.
    (6) You must demonstrate continuous compliance with the total HAP 
emission limit for stripped resin in Table 1 or 2 to this subpart as 
specified in paragraphs (c)(6)(i) through (iii) of this section.
    (i) Calculate the 24-hour arithmetic average total HAP 
concentration for each stripper for each resin grade produced during 
the 24-hour sampling period, using the individual HAP concentrations 
measured for the grab samples collected as specified in paragraph 
(b)(4)(iii) or (iv) of this section and the calculation procedures 
specified in paragraph (e) of this section.
    (ii) In the first 12 months following your demonstration of initial 
compliance in paragraph (b)(4) and (5) of this section, you must 
demonstrate continuous compliance with the total HAP emission limit for 
stripped resin in Table 1 or 2 to this subpart on a monthly basis as 
specified in paragraph (b)(4) and (5) of this section.
    (iii) Beginning 13 months following your initial demonstration of 
compliance in paragraph (b)(5) of this section, demonstrate continuous 
compliance with the total HAP emission limit for stripped resin in 
Table 1 or 2 to this subpart based on a 12-month rolling average 
concentration, calculated as the average of the 12 most recent 24-hour 
arithmetic average concentrations in either paragraph (c)(6)(iii)(A) or 
(B) of this section.
    (A) If more than one resin grade was produced during the 24-hour 
sampling period, calculate the 24-hour weighted arithmetic average 
total HAP concentration for each stripper, or for each group of 
strippers used to process the same type of resin, using the 24-hour 
average total HAP concentrations calculated in paragraph (c)(6)(i) of 
this section and the mass of each resin grade produced during the 24-
hour sampling period.
    (B) If only one resin grade was produced during the 24-hour 
sampling event, use the arithmetic average total HAP concentration for 
the one resin grade in paragraph (c)(6)(i) of this section for each 
stripper or calculate the 24-hour arithmetic average vinyl chloride 
concentration for all strippers used to process the one grade of resin.
    (d) Performance test methods and procedures for determining 
concentration of vinyl chloride and total HAP. You must determine the 
concentration of vinyl chloride and total HAP using the test methods 
and procedures specified in paragraphs (d)(1) through (5) of this 
section. Upon request, the owner or operator shall make available to 
the Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (1) You must conduct performance tests during maximum 
representative operating conditions for the process and when the resin 
stripper is operating as close as possible to your operating limits 
established during the initial performance test, as required in Sec.  
63.11935(d)(2), or during a subsequent performance test, as provided in 
Sec.  63.11935(d)(2). If an operating limit is a range, then you must 
operate the stripper as close as possible to the maximum or minimum 
operating limit for the resin stripper, whichever results in higher 
emissions (i.e., lower emission reduction). If the resin stripper will 
be operating at several different sets of operating conditions, you 
must supplement the testing with additional testing, modeling and/or 
engineering assessments to demonstrate compliance with the operating 
limit. Alternative operating conditions may be used if specified or 
approved by the Administrator.
    (2) For measuring total HAP, you must propose a method in your test 
plan prepared in Sec.  63.7(c)(3) and (e)(2)(i) for conducting sampling 
and analysis using the methods specified in paragraphs (d)(2)(i) and 
(ii) of this section. You must submit the test plan for approval as 
specified in Sec.  63.8(d) and (e).
    (i) Method 107 at 40 CFR part 61, appendix B, Section 8.0 for 
sample collection, preservation, storage, and transport.
    (ii) Method 8260B Volatile Organic Compounds by Gas Chromatography/
Mass spectrometry (GC/MS) in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' Revision 3, February 2007, EPA Publication 
No. SW-846, Third Edition (incorporated by reference, see Sec.  63.14) 
for sample analysis.
    (3) For measuring vinyl chloride, you must use Method 107 at 40 CFR 
part 61, appendix B, Section 8.0 for sample collection, preservation, 
storage, transport, and analysis.

[[Page 29586]]

    (4) When using the methods in paragraphs (d)(2) and (3) of this 
section, for sample collection, preservation, transport, and analysis, 
you must minimize loss of HAP and maintain sample integrity.
    (5) For batch process operations, you must obtain samples when the 
batch process is operating at absolute worst-case conditions or 
hypothetical worst-case conditions, as specified in Sec.  
63.11945(c)(1) and (2), and the stripper is operating at conditions for 
the monitored operating parameters that achieve normal emission 
reduction. For combined continuous and batch process operations, you 
must obtain sample when the batch processes are operating at absolute 
worst-case conditions and the stripper is operating at conditions for 
the monitored operating parameters that achieve normal emission 
reduction.
    (e) Method for calculating total HAP concentration. For each 
stripped resin sample measured using the methods specified in paragraph 
(d) of this section, calculate the sum of the measured individual HAP 
compound concentrations by using Equation 1 to this section.
[GRAPHIC] [TIFF OMITTED] TP20MY11.060

Where:

C<INF>HAP</INF> = Concentration of total HAP compounds in the 
stripped resin, in parts per million by weight (ppmw).
C<INF>i</INF> = Concentration of each individually identified HAP 
compound in the stripped resin, in ppmw, where a value of zero 
should be used for any HAP concentration that is below the detection 
limit.


Sec.  63.11965  What are my general compliance requirements for 
wastewater?

    (a) Initial control level determination. You must meet the control 
level (i.e., emission limit or standard) specified in Table 3 to this 
subpart for each wastewater stream. To determine the applicable control 
level for each wastewater stream, you must follow the procedures in 
paragraphs (a)(1) and (2) of this section.
    (1) You must measure the concentrations of vinyl chloride and total 
HAP listed in Table 9 to subpart G of this part as specified in 
paragraphs (a)(1)(i) and (ii) of this section.
    (i) You must collect wastewater samples at the location specified 
in paragraph (a)(1)(i)(A) for vinyl chloride and paragraph (a)(1)(i)(B) 
for total HAP listed in Table 9 to subpart G of this part.
    (A) For vinyl chloride, collect samples at the location that the 
wastewater stream is generated and prior to the wastewater stream being 
exposed to the atmosphere, stored, combined with any other liquid 
stream, treated (e.g., stripping, distillation, thin film evaporating), 
or discharged to a wastewater treatment plant.
    (B) For total HAP listed in Table 9 to subpart G of this part, 
collect samples at the point of determination, as defined in subpart G 
of this part.
    (ii) You must measure the concentration of vinyl chloride and total 
HAP (based on the HAP listed in Table 9 to subpart G of this part) 
using the test methods and procedures specified in Sec.  63.11980(a) 
and Table 10 to this subpart and the calculation method specified in 
Sec.  63.11980(b).
    (2) You must determine the annual average flow rate as specified in 
paragraph (d) of this section.
    (b) Requirements for wastewater streams that must be treated to 
reduce the vinyl chloride concentration. Each wastewater stream that 
has a vinyl chloride concentration equal to or greater than 10 parts 
per million by weight, determined pursuant to paragraph (a)(1) of this 
section must be treated to reduce the concentration of vinyl chloride 
at the outlet of the treatment process as specified in Table 3 to this 
subpart. You must meet the wastewater treatment process requirements of 
either paragraph (b)(1) or (2) of this section. You must also meet the 
continuous compliance requirements specified in Sec.  63.11975.
    (1) Route wastewater streams through hard piping from the point of 
generation directly to the treatment process and route the vent stream 
from the treatment process to a closed vent system and control device 
meeting the requirements of Sec. Sec.  63.11925 through 63.11945.
    (2) Meet the requirements for wastewater tanks, surface 
impoundments, containers, individual drain systems, and oil/water 
separators used to manage the wastewater from the point of generation 
through the treatment process as specified in Sec. Sec.  63.133 through 
63.137 and all requirements of subpart G of this part referenced 
therein.
    (c) Requirements for wastewater streams that must be treated to 
reduce the concentration of the total HAP listed in Table 9 to subpart 
G of this part. For each wastewater stream that contains greater than 
or equal to 1,000 parts per million by weight total HAP in paragraph 
Sec.  63.11970(a)(2) or Sec.  63.11975(d)(3), and has an annual average 
flow rate greater than or equal to 10 liters per minute in Sec.  
63.11970(a)(2) or Sec.  63.11975(e)(2), as determined pursuant to 
paragraphs (a)(1) and (a)(2) of this section, you must meet the 
requirements in paragraphs (c)(1) through (4) of this section.
    (1) Comply with the applicable requirements for wastewater tanks, 
surface impoundments, containers, individual drain systems, and oil/
water separators as specified in Sec. Sec.  63.133 through 63.137.
    (2) Comply with the applicable requirements specified in Sec.  
63.138 for control of total HAP listed in Table 9 to subpart G of this 
part. Alternatively, you may elect to comply with the wastewater 
treatment provisions specified in Sec.  63.132(g).
    (3) Comply with the applicable monitoring and inspection 
requirements specified in Sec.  63.143.
    (4) Comply with the applicable reporting and recordkeeping 
requirements specified in Sec. Sec.  63.146 and 63.147.
    (d) Determination of the annual average flow rate. The annual 
average flow rate for the wastewater stream must be representative of 
actual or anticipated operation of the PVCPU generating the wastewater 
over a designated 12-month period. You must consider the total annual 
wastewater volume generated by the PVCPU. You must use one or more of 
the procedures specified in paragraphs (d)(1) through (3) of this 
section to determine the flow rate. Documentation to determine the 
annual average flow rate is not required for wastewater streams with an 
annual average flow rate of 10 liters per minute or greater.
    (1) Knowledge of the wastewater. You may use knowledge of the 
wastewater stream and/or the process to determine the annual average 
flow rate. You must use the maximum expected annual average production 
capacity of the process unit, knowledge of the process, and/or mass 
balance information to either: estimate directly the annual average 
wastewater flow rate; or estimate the total annual wastewater volume 
and then divide the total volume by 525,600 minutes in a year. When 
knowledge is used to determine the annual average flow rate, you must 
provide sufficient information to document the flow rate for wastewater 
streams determined to have an annual average flow rate of less than 10 
liters per minute.
    (2) Historical records. You may use historical records to determine 
the annual average flow rate. Derive the highest annual average flow 
rate of wastewater from historical records representing the 5 most 
recent years of operation, or, if the process unit has been in service 
for less than 5 years but at least 1 year, from historical records

[[Page 29587]]

representing the total operating life of the process unit. When 
historical records are used to determine the annual average flow rate, 
you must provide sufficient information to document the flow rate for 
wastewater streams determined to have an annual average flow rate of 
less than 10 liters per minute.
    (3) Measurements of flow rate. You may take measurements to 
determine the annual average flow rate. If you elect to measure flow 
rate, you must measure flow rate measurements at or near the point of 
determination, as defined in subpart G of this part. When measurement 
data are used to determine the annual average flow rate, you must 
provide sufficient information to document the flow rate measurements 
for wastewater streams determined to have an annual average flow rate 
of less than 10 liters per minute.


Sec.  63.11970  What are my initial compliance requirements for 
wastewater?

    (a) Demonstration of initial compliance for wastewater streams that 
must be treated. For each wastewater stream that must be treated as 
specified in Sec.  63.11965(b) and (c), you must meet the requirements 
in paragraphs (a)(1) through (3) of this section, respectively, to 
demonstrate initial compliance.
    (1) For each wastewater stream that must be treated to reduce the 
vinyl chloride concentration limit specified in Table 3 to this 
subpart, and for which you elect to treat the stream according to Sec.  
63.11965(b)(1), you must follow the requirements of paragraphs 
(a)(1)(i) through (iii) of this section.
    (i) For each wastewater treatment process, you must prepare the 
site-specific monitoring plan specified in Sec.  63.11935(c) for CPMS. 
You must install, operate, and maintain CPMS meeting the requirements 
of Sec.  63.11935 and capable of continuously monitoring the parameters 
specified in Sec.  63.11975(a)(1). You must conduct an initial site-
specific performance evaluation test of each CPMS according to your 
site-specific monitoring plan and Sec.  63.11935(c)(2).
    (ii) You must conduct an initial performance test for the 
wastewater treatment process, measuring the concentration of vinyl 
chloride in the wastewater stream at the outlet of the wastewater 
treatment process before the wastewater is exposed to the atmosphere 
and using the test method(s) and procedures specified in Sec.  
63.11980(a).
    (iii) During the initial performance test conducted as specified in 
paragraph (a)(1)(ii) of this section, you must use the CPMS data 
collected pursuant to paragraph (a)(1)(i) of this section to establish 
an operating limit for the wastewater treatment process according to 
the procedures specified in Sec.  63.11935(d) for each operating 
parameter specified in Sec.  63.11975(a)(1). Each operating limit must 
be based on the data averaging period for the wastewater treatment 
process specified in Table 6 to this subpart using data collected at 
the minimum frequency specified in Sec. Sec.  63.11935(c)(2) and 
63.11890(c), and calculated using the data reduction method specified 
in Sec.  63.11935(e). For a CPMS used on a batch operation, you may use 
a data averaging period based on an operating block in lieu of the 
averaging period specified in Table 6 to this subpart.
    (2) For each wastewater stream that must be treated to meet the 
vinyl chloride emission limit in Table 3 to this subpart, and for which 
you elect to treat the stream according to Sec.  63.11965(b)(2), you 
must demonstrate initial compliance as specified in subpart G, as 
referenced in 63.11965(b)(2).
    (3) For each wastewater stream that contains greater than or equal 
to 1,000 parts per million by weight of total HAP and has an annual 
average flow rate greater than or equal to 10 liters per minute, 
determined using the procedures and methods specified in Sec.  
63.11965(a)(1) and (2) respectively, you must demonstrate initial 
compliance as specified in subpart G, as referenced in Sec.  
63.11965(c).
    (b) Demonstration of initial compliance for wastewater streams that 
are not required to be treated for vinyl chloride. For each wastewater 
stream that has a vinyl chloride concentration less than 10 parts per 
million by weight, you must use the measurement specified in Sec.  
63.11965(a)(1) to demonstrate initial compliance.
    (c) Demonstration of initial compliance for wastewater streams that 
are not required to be treated for total HAP. You must follow the 
procedure in either paragraph (c)(1) or (2) of this section to 
demonstrate initial compliance.
    (1) For each wastewater stream that has a total HAP concentration 
of less than 1,000 parts per million by weight, you must use the 
measurement in Sec.  63.11965(a)(1)(i)(B) to demonstrate compliance.
    (2) For each wastewater stream that has an annual average flow rate 
of less than 10 liters per minute, you must use the flow rate initially 
determined as specified in Sec.  63.11965(a)(2).


Sec.  63.11975  What are my continuous compliance requirements for 
wastewater?

    For each wastewater stream that must be treated to reduce the 
concentration of vinyl chloride as specified in Sec.  63.11965(b)(1), 
you must demonstrate continuous compliance as specified in either 
paragraph (a) or (b) of this section. For each wastewater stream for 
which you initially determine in Sec.  63.11970(c) that treatment is 
not required to reduce total HAP concentration, you must demonstrate 
continuous compliance as specified in paragraph (e) of this section. 
For each wastewater stream that must be treated to reduce the 
concentration of total HAP as specified in Sec.  63.11965(c), you must 
demonstrate continuous compliance as specified in paragraph (c) of this 
section. For each wastewater stream for which you initially determine 
in Sec.  63.11970(b) that treatment is not required to reduce the vinyl 
chloride concentration, you must demonstrate continuous compliance as 
specified in paragraph (d) of this section.
    (a) For each wastewater stream that must be treated to reduce the 
concentration of vinyl chloride, and for which you elect to treat the 
stream according to Sec.  63.11965(b)(1), you must demonstrate 
continuous compliance as specified in paragraphs (a)(1) through (3) of 
this section.
    (1) For each wastewater treatment process, you must operate and 
maintain CPMS meeting the requirements of Sec.  63.11935(c) and capable 
of continuously recording the parameters specified in paragraphs 
(a)(1)(i) through (iv) of this section, as applicable. You must conduct 
periodic site-specific CPMS performance evaluation tests according to 
your site-specific monitoring plan and Sec.  63.11935(c).
    (i) For wastewater steam strippers, you must monitor the ratio of 
steam feed rate into the stripper to wastewater stream flow rate into 
the stripper and the temperature of the wastewater exiting the stripper 
before any cooling process. The steam feed to wastewater flow ratio is 
calculated by dividing the steam feed rate by the wastewater stream 
flow rate. You must follow the data measurement and recording 
frequencies and data averaging periods specified in Table 6 to this 
subpart.
    (ii) For wastewater vacuum strippers, you must monitor the vacuum 
level maintained in the column, the maximum flow rate of the wastewater 
stream, and the temperature of the wastewater exiting the stripper 
before any cooling process. If steam is used, you must monitor the 
ratio of steam feed rate into the stripper to wastewater stream flow 
rate into the stripper

[[Page 29588]]

instead of monitoring the flow rate of the wastewater stream. The steam 
feed to wastewater flow ratio is calculated by dividing the steam feed 
rate by the wastewater stream flow rate. You must follow the data 
measurement and recording frequencies and data averaging periods 
specified in Table 6 to this subpart.
    (iii) If you are using a wastewater treatment process other than a 
steam or vacuum stripper, you must submit the information specified in 
paragraphs (a)(1)(iii)(A) through (C) of this section.
    (A) A description of the proposed treatment process.
    (B) A description of the parameter(s) to be monitored to ensure 
that the treatment process is operated in conformance with its design 
and that it achieves the emission standard specified in Table 3 to this 
subpart, and an explanation of the criteria used to select the 
parameter(s).
    (C) A description of the methods and procedures that will be used 
to demonstrate that the parameter specified in paragraph (a)(1)(iii)(B) 
of this section indicates proper operation of the treatment process, 
the schedule for this demonstration, and a statement that you will 
establish an operating limit for the monitored operating parameter as 
part of the notification of compliance status report specified in Sec.  
63.11935(d).
    (iv) Alternatives to monitoring requirements.
    (A) You may request approval to use alternatives to the continuous 
operating parameter monitoring listed in paragraphs (a)(1)(i) through 
(iii) of this section, as specified in Sec.  63.11985(c)(5).
    (B) You may request approval to monitor a different parameter than 
those established in paragraphs (a)(1)(i) through (iii) of this section 
or to set unique monitoring parameter, as specified in Sec.  
63.11985(c)(6).
    (C) Until permission to use an alternative monitoring procedure, 
method, or parameter has been granted by the Administrator, you remain 
subject to the requirements of this subpart.
    (2) You must ensure that each operating parameter monitored in 
paragraph (a)(1) of this section for a treatment process meets the 
operating limit established in Sec.  63.11970(a)(1)(iii). You must 
continuously determine the average value of each monitored operating 
parameter based on the data collection and reduction methods specified 
in Sec.  63.11935(c)(2) and (e), and the applicable data averaging 
period for the wastewater treatment process specified in Table 6 to 
this subpart for all periods the process is operating. You must follow 
the data measurement and recording frequencies and data averaging 
periods specified in Table 6 to this subpart. For a CPMS used on a 
batch operation, you may use a data averaging period based on an 
operating block in lieu of the averaging periods specified in Table 6 
to this subpart.
    (3) To demonstrate compliance with the emission limit for vinyl 
chloride specified in Table 3 to this subpart, you must follow the 
procedures specified in paragraphs (a)(3)(i) through (iii) of this 
section.
    (i) Take monthly measurements of the vinyl chloride concentration 
using the procedures and methods for vinyl chloride specified in Sec.  
63.11965(a)(1).
    (ii) In the first 12 months following your demonstration of initial 
compliance in Sec.  63.11970(a)(1), you must demonstrate continuous 
compliance with the vinyl chloride emission limit in Table 3 to this 
subpart on a monthly basis, using the monthly concentration measurement 
specified in paragraph (a)(3)(i) of this section.
    (iii) Beginning 13 months following your initial demonstration of 
compliance in Sec.  63.11970(a)(1), demonstrate continuous compliance 
with the vinyl chloride emission limit in Table 3 to this subpart on a 
monthly basis, using a 12-month rolling average concentration, 
calculated as the average of the 12 most recent monthly concentration 
measurements specified in paragraph (a)(3)(i) of this section.
    (b) For each wastewater stream that must be treated to reduce the 
concentration of vinyl chloride, and for which you elect to treat the 
stream according to Sec.  63.11965(b)(2), you must demonstrate 
continuous compliance as specified in subpart G of this part, as 
referenced in Sec.  63.11965(b)(2).
    (c) For each wastewater stream that must be treated to reduce the 
concentration of total HAP as specified in Sec.  63.11965(c), you must 
demonstrate continuous compliance as specified in subpart G of this 
part, as referenced in Sec.  63.11965(c).
    (d) For each wastewater stream for which you initially demonstrate 
in Sec.  63.11970(b) that treatment is not required to reduce the vinyl 
chloride concentration, you must demonstrate continuous compliance as 
specified in paragraphs (d)(1) through (4) of this section.
    (1) Conduct monthly performance tests, measuring the vinyl chloride 
concentration using the procedures and methods for vinyl chloride 
specified in Sec.  63.11965(a)(1).
    (2) In the first 12 months following your demonstration of initial 
compliance in Sec.  63.11970(b), you must demonstrate continuous 
compliance with the vinyl chloride emission limit in Table 3 to this 
subpart on a monthly basis, using the monthly concentration measurement 
specified in paragraph (d)(1) of this section.
    (3) Beginning 13 months following your initial demonstration of 
compliance in Sec.  63.11970(b), demonstrate continuous compliance with 
the vinyl chloride emission limit in Table 3 to this subpart on a 
monthly basis, using a 12-month rolling average concentration, 
calculated as the average of the 12 most recent monthly concentration 
measurements specified in paragraph (d)(1) of this section.
    (4) If any monthly performance test specified in paragraph (d)(2) 
or (3) of this section shows that the concentration of vinyl chloride 
in the wastewater stream is greater than or equal to the vinyl chloride 
emission limit in Table 3 to this subpart, then you must use a 
treatment process to reduce the vinyl chloride concentration as 
specified in Sec.  63.11965(b) and you must demonstrate compliance as 
specified in paragraph (a) of this section.
    (e) For each wastewater stream for which you initially demonstrate 
in Sec.  63.11970(c) that treatment is not required to reduce the total 
HAP concentration, you must conduct monthly performance tests, 
following the procedure specified in paragraph (e)(1) or (2) of this 
section on a monthly basis.
    (1) Sample and measure the concentration of total HAP using the 
procedures and methods for total HAP specified in Sec.  63.11965(a)(1) 
and demonstrate that the total HAP concentration (based on the HAP 
listed in Table 9 to subpart G of this part) is less than 1,000 parts 
per million by weight. The data-averaging period for demonstrating 
compliance is specified in subpart G of this part.
    (2) Re-establish that the annual average flow rate of the stream is 
less than 10 liters per minute, using the procedure and methods 
specified in Sec.  63.11965(a)(2).
    (3) If any monthly performance test specified in paragraph (e)(1) 
of this section shows that the concentration of total HAP is greater 
than or equal to 1,000 parts per million by weight and the annual 
average flow rate measured in paragraph (e)(2) of this section is 
greater than or equal to 10 liters per minute, then you must use a 
treatment process to reduce the vinyl chloride concentration as 
specified in Sec.  63.11965(c) and you must demonstrate compliance as 
specified in paragraph (b) of this section.

[[Page 29589]]

Sec.  63.11980  What are my test methods and calculation procedures for 
wastewater?

    (a) Performance test methods and procedures. You must determine the 
concentration of vinyl chloride and total HAP (based on the list of HAP 
in Table 9 to subpart G of this part) using the test methods and 
procedures specified in paragraphs (a)(1) through (5) of this section. 
Upon request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (1) You must conduct performance tests during maximum 
representative operating conditions for the process and when the 
wastewater treatment process is operating as close as possible to your 
operating limits established during the performance test conducted to 
demonstrate initial compliance, as required in Sec.  63.11970, or 
during a subsequent performance test conducted to demonstrate 
continuous compliance, as provided in Sec.  63.11975. If an operating 
limit is a range, then you must operate the wastewater treatment 
process as close as possible to the maximum or minimum operating limit, 
whichever results in higher emissions (i.e., lower emission reduction). 
If the wastewater treatment process will be operating at several 
different sets of operating conditions, you must supplement the testing 
with additional testing, modeling and/or engineering assessments to 
demonstrate compliance with the operating limit. Alternative operating 
conditions may be used if specified or approved by the Administrator as 
specified in 63.11940(j).
    (2) For measuring total HAP, you must propose a method in your test 
plan prepared in Sec.  63.7(c)(3) and (e)(2)(i) for conducting sampling 
and analysis using the methods specified in paragraphs (a)(2)(i) 
through (iii) of this section. You must submit the test plan for 
approval as specified in Sec.  63.8(d) and (e).
    (i) Using Method 107 at 40 CFR part 61, appendix B, Section 8.0 for 
sample collection, preservation, storage, and transport.
    (ii) For sample analysis for total HAP except methanol, using 
Method 8260B Volatile Organic Compounds by Gas Chromatography/Mass 
spectrometry (GC/MS) in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' Revision 3, February 2007, EPA Publication 
No. SW-846, Third Edition (incorporated by reference, see Sec.  63.14) 
for sample analysis.
    (iii) For sample analysis for methanol, using Method 305 at 40 CFR 
63, appendix A, Sections 6.0 and 7.0.
    (3) For measuring vinyl chloride, you must use Method 107 at 40 CFR 
part 61, appendix B, Section 8.0 for sample collection, preservation, 
storage, transport, and analysis.
    (4) When using the test methods in paragraph (a)(2) or (3) of this 
section, you must meet the requirements in paragraphs (a)(4)(i) through 
(iii) of this section.
    (i) Sample collection may consist of grab or composite samples.
    (ii) Samples must be taken before the wastewater stream is exposed 
to the atmosphere.
    (iii) You must ensure that sample collection, preservation, 
transport, and analysis minimizes loss of HAP and maintains sample 
integrity.
    (5) For batch process operations, you must obtain samples when the 
batch process is operating at absolute worst-case conditions or 
hypothetical worst-case conditions, as defined for process vents in 
Sec.  63.11945(c)(1) and (2), and the wastewater treatment process is 
operating at conditions specified in paragraph (a)(1) of this section. 
For combined continuous and batch process operations, you must obtain 
sample when the batch processes are operating at absolute worst-case 
conditions and the wastewater treatment process is operating at 
conditions for the monitored operating parameters that achieve normal 
emission reduction.
    (b) Method for calculating total HAP concentration. For each 
wastewater stream measured using the methods specified in paragraph (a) 
of this section, calculate the sum of the measured concentrations of 
individual HAP listed in Table 9 to subpart G of this part by using 
Equation 1 to this section.
[GRAPHIC] [TIFF OMITTED] TP20MY11.061

Where:

C<INF>T9</INF> = Concentration of total HAP that are listed in Table 
9 to subpart G of this part, in the stream, in parts per million by 
weight (ppmw).
C<INF>i</INF> = Concentration of each individually identified HAP 
that is listed in Table 9 to subpart G of this part, in ppmw.

Notifications, Reports, and Records


Sec.  63.11985  What notifications and reports must I submit and when?

    In addition to the notifications and reports required in subpart A 
of this part, as specified in Table 5 to this subpart, you must submit 
the additional information and reports specified in paragraphs (a) 
through (c) of this section, as applicable.
    (a) Notification of compliance status. When submitting the 
notification of compliance status required in Sec.  63.9(h), you must 
also include the information specified in paragraphs (a)(1) through (9) 
of this section, as applicable.
    (1) You must include an identification of the storage vessels 
subject to this subpart, including the capacity and liquid stored for 
each vessel. You must submit the information specified in paragraph 
(a)(2) of this section for each pressure vessel.
    (2) You must include the information specified in Sec.  63.1039(a) 
for equipment leaks.
    (3) You must include an identification of the heat exchange systems 
that are subject to the requirements of this subpart.
    (4) You must include the operating limit for each monitoring 
parameter identified for each control device, resin stripper, and 
wastewater treatment process used to meet the emission limits in Table 
1, 2 or 3 to this subpart, as determined pursuant to Sec.  63.11935(d). 
This report must include the information in Sec.  63.11935(d), as 
applicable.
    (5) You must include the records specified in paragraphs (d)(5)(i) 
through (iv) of this section, as applicable, for process vents.
    (i) You must include the performance test records specified in 
Sec.  63.11990(f)(1), as applicable. These reports must include one 
complete test report for each test method used for each process vent. A 
complete test report must include a brief process description, sampling 
site description, description of sampling and analysis procedures and 
any modifications to standard procedures, quality assurance procedures, 
record of operating conditions during the test, record of

[[Page 29590]]

preparation of standards, record of calibrations, raw data sheets for 
field sampling, raw data sheets for field and laboratory analyses, 
documentation of calculations, and any other information required by 
the test method. For additional tests performed for the same kind of 
emission point using the same method, the results and any other 
information required in applicable sections of this subpart must be 
submitted, but a complete test report is not required.
    (ii) You must include the information specified in paragraphs 
(a)(5)(ii)(A) through (C) of this section for batch process vent 
operations.
    (A) Descriptions of worst-case operating and/or testing conditions 
for control devices including results of emissions profiles.
    (B) Calculations used to demonstrate initial compliance according 
to Sec. Sec.  63.11945 and 63.11950, including documentation of the 
proper operation of a process condenser(s) as specified in Sec.  
63.11950(c)(2)(ii).
    (C) Data and rationale used to support an engineering assessment to 
calculate emissions in accordance with Sec.  63.11950(i).
    (iii) If you use a fabric filter, you must include the fabric 
filter operation and maintenance plan as specified in Sec.  
63.11940(h)(10). You must submit analyses and supporting documentation 
demonstrating conformance with Fabric Filter Bag Leak Detection 
Guidance, EPA-454/R-98-015, September 1997 (incorporated by reference, 
see Sec.  63.14) and specifications for bag leak detection systems as 
part of the notification of compliance status report.
    (iv) If you use a control device other than those listed in Sec.  
63.11940 for your process vent, you must include a description of the 
parameters to be monitored to ensure the control device is operated in 
conformance with its design and achieves the specified emission 
limitation and an explanation of the criteria used to select the 
parameter; and a description of the methods and procedures that will be 
used to demonstrate that the parameter indicates proper operation of 
the control device, the schedule for this demonstration, and a 
statement that you will establish an operating limit for the monitored 
parameter as specified in paragraph (a)(4) of this section.
    (6) [Reserved]
    (7) You must include the records specified in paragraphs (a)(7)(i) 
through (iii) of this section, as applicable, for resin strippers.
    (i) You must include an identification of each resin stripper and 
resin type subject to the requirements of this subpart.
    (ii) You must include results of the initial testing used to 
determine the annual average concentration of vinyl chloride and the 
annual average flow rate and concentration of total HAP that are listed 
in Table 9 to subpart G of this part.
    (iii) You must record the approved test method specified in Sec.  
63.11980(a) for sample introduction, instrument calibration and sample 
analysis for the laboratory determination of vinyl chloride and the 
laboratory determination of total HAP that are listed in Table 9 to 
subpart G of this part.
    (8) You must include the records specified in paragraphs (a)(8)(i) 
through (vi) of this section, as applicable, for wastewater.
    (i) You must include an identification of each wastewater stream 
subject to the requirements of this subpart, and the control level 
required. You must also include a description of the treatment process 
to be used for each wastewater stream.
    (ii) You must include results of the initial sampling used to 
determine the annual average concentration of vinyl chloride and the 
annual average concentration of total HAP that are listed in Table 9 to 
subpart G of this part.
    (iii) You must include the annual average flow rate calculated 
using the procedures in Sec.  63.11965(d) for each wastewater stream 
that you have determined is not subject to treatment as specified in 
Sec.  63.11970(b) because it has an annual average flow rate of less 
than 10 liters per minute.
    (iv) You must record the test method specified in Sec.  
63.11980(a)(2) for sample introduction, instrument calibration and 
sample analysis for the laboratory determination of vinyl chloride and 
laboratory determination of total HAP that are listed in Table 9 to 
subpart G of this part.
    (v) You must include any other applicable information that is 
required by the reporting requirements specified in Sec.  63.146 of 
subpart G.
    (vi) If you use a wastewater treatment process other than a steam 
or vacuum stripper for wastewater, you must include a description of 
the parameters to be monitored to ensure the control measure is 
operated in conformance with its design and achieves the specified 
emission limitation and an explanation of the criteria used to select 
the parameter; and a description of the methods and procedures that 
will be used to demonstrate that the parameter indicates proper 
operation of the control device, the schedule for this demonstration, 
and a statement that you will establish an operating limit for the 
monitored parameter as specified in paragraph (a)(4) of this section.
    (9) You must include a certification of compliance, signed by a 
responsible official, as applicable that states the following:
    (i) ``This facility complies with the requirements in this subpart 
for storage vessels.''
    (ii) ``This facility complies with the requirements in this subpart 
for equipment leaks.''
    (iii) ``This facility complies with the requirements in this 
subpart for heat exchange systems.''
    (iv) ``This facility complies with the requirements in this subpart 
for HAP emissions from process vents.''
    (v) ``This facility complies with the requirements in this subpart 
for other emission sources.''
    (vi) ``This facility complies with the requirements in this subpart 
for the stripped resin.''
    (vii) ``This facility complies with the requirements in this 
subpart for wastewater.''
    (b) Compliance reports. When submitting the excess emissions and 
continuous monitoring system performance report and summary report 
required in Sec.  63.10(e)(3), you must also include the information 
specified in paragraphs (b)(1) through (10) of this section, as 
applicable. This report is referred to in this subpart as your 
compliance report.
    (1) You must include a copy of the inspection record specified in 
Sec.  63.11990(b)(2) for each storage vessel when a defect, failure, or 
leak is detected. You must also include a copy of the applicable 
information specified in Sec.  63.1039(b)(5) through (8) of subpart UU 
of this part for each pressure vessel.
    (2) You must include the information specified in Sec.  63.1039(b) 
for equipment leaks, except for releases from pressure relief devices. 
For any releases from pressure relief devices, you must submit the 
report specified in paragraph (c)(8) of this section instead of the 
information specified in Sec.  63.1039(b)(1) through (3) of subpart UU 
of this part.
    (3) You must include the information specified in paragraphs 
(b)(3)(i) through (vi) of this section for heat exchange systems.
    (i) The number of heat exchangers.
    (ii) The number of heat exchangers found to be leaking.
    (iii) A summary of the monitoring data used to indicate a leak, 
including the number of leaks determined to be equal to or greater than 
the leak definition.

[[Page 29591]]

    (iv) If applicable, the date a leak was identified, the date the 
source of the leak was identified, and the date of repair.
    (v) If applicable, a summary of each delayed repair, including the 
original date and reason for the delay and the date of repair, if 
repaired during the reporting period.
    (vi) If applicable, an estimate of total strippable volatile 
organic compounds emissions for each delayed repair over the reporting 
period.
    (4) You must include the records specified in paragraphs (b)(4)(i) 
through (iii) of this section, as applicable, for process vents, resin 
strippers, and wastewater.
    (i) Deviations using CEMS or CPMS. For each deviation from an 
emission limit or operating limit where a CEMS or CPMS is being used to 
comply with an emission limit in this rule, you must include the 
information in paragraphs (b)(4)(i)(A) through (E) of this section.
    (A) For CEMS, the 3-hour block average value calculated for any 
period when the value is higher than an emission limit in Table 1 or 2 
to this subpart or when the value does not meet the data availability 
requirements defined in Sec.  63.11890(c).
    (B) For CPMS, the average value calculated for any day (based on 
the data averaging periods for compliance specified in Table 6 to this 
subpart) that does not meet your operating limit established according 
to Sec.  63.11935(d) or that does not meet the data availability 
requirements specified in Sec.  63.11890(c).
    (C) The cause for the calculated emission level or operating 
parameter level do not meet the established emission limit or operating 
limit.
    (D) For deviations caused by lack of monitoring data, the duration 
of periods when monitoring data were not collected.
    (E) Operating logs of batch process operations for each day during 
which the deviation occurred, including a description of the operating 
scenario(s) during the deviation.
    (ii) New operating scenario. Include each new operating scenario 
that has been operated since the time period covered by the last 
compliance report and has not been submitted in the notification of 
compliance status report or a previous compliance report. For each new 
operating scenario, you must provide verification that the operating 
conditions for any associated control or treatment device have not been 
exceeded and constitute proper operation for the new operating 
scenario. You must provide any required calculations and engineering 
analyses that have been performed for the new operating scenario. For 
the purposes of this paragraph (b)(4)(ii), a revised operating scenario 
for an existing process is considered to be a new operating scenario 
when one or more of the data elements listed in Sec.  63.11990(e)(4) 
have changed.
    (iii) Process changes. You must document process changes, or 
changes made to any of the information submitted in the notification of 
compliance status report or a previous compliance report, that is not 
within the scope of an existing operating scenario, in the compliance 
report. The notification must include all of the information in 
paragraphs (b)(4)(iii)(A) through (C) of this section.
    (A) A description of the process change.
    (B) Revisions to any of the information reported in the original 
notification of compliance status report as provided in paragraph (a) 
of this section.
    (C) Information required by the notification of compliance status 
report, as provided in paragraph (a) of this section, for changes 
involving the addition of processes or equipment at the affected 
source.
    (5) You must submit the applicable information specified in 
paragraphs (b)(5)(i) through (iv) of this section for process vents.
    (i) For catalytic incinerators for which you have selected the 
alternative monitoring specified in Sec.  63.11940(b)(3), results of 
the annual catalyst sampling and inspections required by Sec.  
63.11940(b)(3)(i) and (ii) including any subsequent corrective actions 
taken.
    (ii) For regenerative adsorbers, results of the adsorber bed outlet 
volatile organic compounds concentration measurements specified in 
Sec.  63.11940(d)(7).
    (iii) For non-regenerative adsorbers, results of the adsorber bed 
outlet volatile organic compounds concentration measurements specified 
in Sec.  63.11940(e)(2).
    (iv) Other control device reporting provisions. If you are using a 
control device other than those listed in this subpart, you must submit 
the information as specified in paragraphs (b)(5)(iv)(A) through (C) of 
this section.
    (A) A description of the proposed control device.
    (B) A description of the parameter(s) to be monitored to ensure the 
control device is operated in conformance with its design and achieves 
the performance level as specified in this subpart and an explanation 
of the criteria used to select the parameter(s).
    (C) The frequency and content of monitoring, recording, and 
reporting if monitoring and recording is not continuous, or if 
compliance reports, as specified in paragraph (b)(4)(i)(A) of this 
section, will not contain 3-hour block average values when the 
monitored parameter value does not meet the established operating 
limit. The rationale for the proposed monitoring, recording, and 
reporting system must be included.
    (6) You must include the records specified in Sec.  63.11990(j) for 
other emission sources.
    (7) For resin stripper operations, you must include results of 
monthly concentration measurements for each resin type discharged from 
the PVCPU that did not meet the control level requirements in Table 1 
or 2, as applicable.
    (8) You must include the information specified in paragraphs 
(b)(8)(i) and (ii) of this section for your wastewater streams.
    (i) Results of monthly concentration measurements for each 
wastewater stream discharged from the affected source that did not meet 
the control level requirements in Table 3 to this subpart.
    (ii) If you must comply with Sec.  63.11965, you must include any 
other applicable information that is required by the reporting 
requirements specified in Sec.  63.146.
    (9) For closed vent systems subject to the requirements of Sec.  
63.11930, you must include the information specified in paragraphs 
(b)(9)(i) through (iv) of this section, as applicable.
    (i) As applicable, records as specified in Sec.  63.11930(g)(1)(i) 
for all times when flow was detected in the bypass line, the vent 
stream was diverted from the control device, or the flow indicator was 
not operating.
    (ii) As applicable, records as specified in Sec.  
63.11930(g)(1)(ii) for all occurrences of all periods when a bypass of 
the system was indicated (the seal mechanism is broken, the bypass line 
valve position has changed, or the key for a lock-and-key type lock has 
been checked out, and records of any car-seal that has been broken).
    (iii) Records of all times when monitoring of the system was not 
performed as specified in Sec.  63.11930(d) and (e), or repairs were 
not performed as specified in Sec.  63.11930(f), or records were not 
kept as specified in Sec.  63.11930(g)(2).
    (iv) Records of each time an alarm on a closed vent system 
operating in vacuum service is triggered as specified in Sec.  
63.11930(h) including the cause for

[[Page 29592]]

the alarm and the corrective action taken.
    (10) Overlap with title V reports. Information required by this 
subpart, which is submitted with a title V periodic report, does not 
need to be included in a subsequent compliance report required by this 
subpart or subpart referenced by this subpart. The title V report must 
be referenced in the compliance report required by this subpart.
    (c) Other notifications and reports. You must submit the other 
notification and reports, as specified in paragraphs (c)(1) through 
(10) of this section, as applicable.
    (1) Notification of inspection. To provide the Administrator the 
opportunity to have an observer present, you must notify the 
Administrator at least 30 days before an inspection required by 
Sec. Sec.  63.11910 through 63.11920 and Sec.  63.11930. If an 
inspection is unplanned and you could not have known about the 
inspection 30 days in advance, then you must notify the Administrator 
at least 7 days before the inspection. Notification must be made by 
telephone immediately followed by written documentation demonstrating 
why the inspection was unplanned. Alternatively, the notification 
including the written documentation may be made in writing and sent so 
that it is received by the Administrator at least 7 days before the 
inspection. If a delegated State or local agency is notified, you are 
not required to notify the Administrator. A delegated State or local 
agency may waive the requirement for notification of inspections.
    (2) Batch precompliance report. You must submit a batch 
precompliance report at least 6 months prior to the compliance date of 
this subpart that includes a description of the test conditions, data, 
calculations, and other information used to establish operating limits 
according to Sec.  63.11935(d) for all batch operations. If you use an 
engineering assessment as specified in Sec.  63.11950(i), you must also 
include data or other information supporting a finding that the 
emissions estimation equations in Sec.  63.11950(a) through (h) are 
inappropriate. We will either approve or disapprove the report within 
90 days after we receive it. If we disapprove the report, you must 
still be in compliance with the emission limitations and work practice 
standards of this subpart by your compliance date. To change any of the 
information submitted in the report, you must notify us 60 days before 
you implement the planned change.
    (3) Notification of process change. If you change or add to your 
plant site or affected source, as discussed in Sec.  63.11896, you must 
submit a notification describing the change or addition.
    (4) Affirmative defense notification and report.
    (i) As specified in Sec.  63.11895(b), if your affected source 
experiences an exceedance of its emission limit(s) during a 
malfunction, you must notify the Administrator by telephone or 
facsimile (fax) transmission as soon as possible, but no later than 2 
business days after the initial occurrence of the malfunction, if you 
wish to avail yourself of an affirmative defense to civil penalties for 
that malfunction.
    (ii) If you seek to assert an affirmative defense, you must follow 
the procedures in paragraph (c)(4)(i) of this section and submit a 
written report as specified in Sec.  63.11895 to the Administrator 
within 45 days of the initial occurrence of the exceedance of the 
standard in Sec.  63.11880 to demonstrate, with all necessary 
supporting documentation, that you have met the requirements set forth 
in Sec.  63.11895(a).
    (5) Request for approval to use alternative monitoring methods. 
Prior to your initial notification of compliance status, you may submit 
requests for approval to use alternatives to the continuous operating 
parameter monitoring specified in this rule, as provided for in 
Sec. Sec.  63.11940(j)(1), 63.11960(c)(1)(iv)(A), and 
63.11975(a)(1)(iv)(A), following the same procedure as specified in 
Sec.  63.8. The information specified in paragraphs (c)(5)(i) and (ii) 
of this section must be included.
    (i) A description of the proposed alternative system.
    (ii) Information justifying your request for an alternative method, 
such as the technical or economic infeasibility, or the impracticality, 
of the affected source using the required method.
    (6) Request for approval to monitor alternative parameters. Prior 
to your initial notification of compliance status, you may submit 
requests for approval to monitor a different parameter than those 
established in Sec.  63.11935(d) and as provided for in Sec. Sec.  
63.11940(j)(2), 63.11960(c) (1)(iv)(B), and 63.11975(a)(1)(iv)(B), 
following the same procedure as specified for alternative monitoring 
methods in Sec.  63.8. The information specified in paragraphs 
(c)(6)(i) through (iii) of this section must be included in the 
request.
    (i) A description of the parameter(s) to be monitored to ensure the 
control technology or pollution prevention measure is operated in 
conformance with its design and achieves the specified emission limit 
and an explanation of the criteria used to select the parameter(s).
    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter indicates proper operation of the 
control device, the schedule for this demonstration, and a statement 
that you will establish an operating limit for the monitored 
parameter(s) as part of the notification of compliance status if 
required under this subpart, unless this information has already been 
submitted.
    (iii) The frequency and content of monitoring, recording, and 
reporting, if monitoring and recording is not continuous. The rationale 
for the proposed monitoring, recording, and reporting system must be 
included.
    (7) [Reserved]
    (8) Pressure relief device, closed vent system in vacuum service, 
bypass deviation, or pressure vessel closure device deviation report. 
If any pressure relief device in HAP service or any piece of equipment 
or closed vent system has discharged to the atmosphere as specified in 
Sec. Sec.  63.11910(c)(4), 63.11915(c), 63.11930(c), or 63.11930(h), 
you must submit to the Administrator within 10 days of the discharge 
the following information:
    (i) The source, nature, and cause of the discharge.
    (ii) The date, time, and duration of the discharge.
    (iii) An estimate of the quantity of vinyl chloride and total HAP 
emitted during the discharge and the method used for determining this 
quantity.
    (iv) The actions taken to prevent this discharge.
    (v) The measures adopted to prevent future such discharges.
    (9) Commencing and ceasing operation of continuous emissions 
monitoring systems. Before starting or stopping the use of CEMS you 
must notify the Administrator as specified in Sec.  63.11935(b)(7).
    (10) Data Submittal.
    (i) As of January 1, 2012, and within 60 days after the date of 
completing each performance test (see Sec.  60.8) required by this 
subpart, you must submit performance test data, except opacity data, 
electronically to EPA's Central Data Exchange (CDX) by using the 
Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/ert_tool.html). Only data collected using test methods compatible with 
ERT are subject to this requirement to be submitted electronically to 
EPA's CDX.
    (ii) Within 60 days after the date of completing each CEMS 
performance

[[Page 29593]]

evaluation test (see Sec.  60.13), you must submit the relative 
accuracy test audit data electronically into EPA's CDX by using the 
ERT, as mentioned in paragraph (10)(i) of this section. Only data 
collected using test methods compatible with ERT are subject to this 
requirement to be submitted electronically to EPA's CDX.
    (iii) All reports required by this subpart not subject to the 
requirements in paragraphs (c)(10)(i) and (ii) of this section must be 
sent to the Administrator at the appropriate address listed in Sec.  
63.13. The Administrator or the delegated authority may request a 
report in any form suitable for the specific case (e.g., by electronic 
media such as Excel spreadsheet, on CD or hard copy). The Administrator 
retains the right to require submittal of reports subject to paragraphs 
(10)(i) and (ii) of this section in paper format.


Sec.  63.11990  What records must I keep?

    You must keep records as specified in paragraphs (a) through (j) of 
this section, as applicable.
    (a) Copies of reports. You must keep a copy of each notification 
and report that you submit to comply with this subpart, including all 
documentation supporting any notification or report. You must also keep 
copies of the current versions of the site-specific performance 
evaluation test plan, site-specific monitoring plan, and the equipment 
leak detection and repair plan.
    (b) Storage vessels. For storage vessels, you must maintain the 
records specified in paragraphs (b)(1) through (5) of this section.
    (1) You must keep a record of the dimensions of the storage vessel, 
an analysis of the capacity of the storage vessel, and an 
identification of the liquid stored.
    (2) Inspection records for fixed roofs complying with Sec.  
63.11910 including the information specified in paragraphs (b)(2)(i) 
and (ii) of this section.
    (i) Record the date of each inspection required by Sec.  
63.11910(a)(3).
    (ii) For each defect detected during an inspection required by 
Sec.  63.11910(a)(3), record the location of the defect, a description 
of the defect, the date of detection, and corrective action taken to 
repair the defect. In the event that repair of the defect is delayed in 
accordance with Sec.  63.11910(a)(4)(ii), also record the reason for 
the delay and the date that completion of repair of the defect is 
expected.
    (3) For degassing and cleaning events, you must maintain the 
records specified in paragraphs (b)(3)(i) and (ii) of this section.
    (i) Keep records of the storage vessel identification and date of 
each degassing and cleaning event.
    (ii) Estimate and keep records of the emissions from each degassing 
and cleaning event.
    (4) For pressure vessels, you must keep the records specified in 
paragraph (c) of this section for each pressure vessel.
    (5) For internal and external floating roof storage vessels, you 
must maintain the records required in Sec.  63.1065 of subpart WW of 
this part.
    (c) Equipment leaks. For equipment leaks, you must maintain the 
records specified in Sec.  63.1038 of subpart UU of this part for 
equipment leaks and a record of the information specified in Sec.  
63.11930(g)(4) for monitoring instrument calibrations conducted 
according to Sec.  63.11930(e)(2).
    (d) Heat exchange systems. For a heat exchange system subject to 
this subpart, you must keep the records specified in paragraphs (d)(1) 
through (6) of this section.
    (1) Identification of all heat exchangers at the facility and the 
measured or estimated average annual HAP concentration of process fluid 
or intervening cooling fluid processed in each heat exchanger.
    (2) Identification of all heat exchange systems. For each heat 
exchange system that is subject to this subpart, you must include 
identification of all heat exchangers within each heat exchange system, 
identification of the individual heat exchangers within each heat 
exchange system, and, for closed-loop recirculation systems, the 
cooling tower included in each heat exchange system.
    (3) Identification of all heat exchange systems that are exempt 
from the monitoring requirements according to the provisions in Sec.  
63.11920(b) and the provision under which the heat exchange system is 
exempt.
    (4) Results of the following monitoring data for each monitoring 
event.
    (i) Date/time of event.
    (ii) Heat exchange exit line flow or cooling tower return line flow 
at the sampling location, gal/min.
    (iii) Monitoring method employed.
    (iv) If the ``Air Stripping Method (Modified El Paso Method) for 
Determination of Volatile Organic Compound Emissions from Water 
Sources,'' Revision Number One, dated January 2003, Sampling Procedures 
Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas 
Commission on Environmental Quality, January 31, 2003 (incorporated by 
reference, see Sec.  63.14) is used according to Sec.  
63.11920(a)(3)(i) or (h)(4)(i):
    (A) Barometric pressure.
    (B) El Paso air stripping apparatus water flow (ml/min) and air 
flow, ml/min, and air temperature, [deg]C.
    (C) FID reading (parts per million by volume).
    (D) Calibration information identified in Section 5.4.2 of the 
``Air Stripping Method (Modified El Paso Method) for Determination of 
Volatile Organic Compound Emissions from Water Sources,'' Revision 
Number One, dated January 2003, Sampling Procedures Manual, Appendix P: 
Cooling Tower Monitoring, prepared by Texas Commission on Environmental 
Quality, January 31, 2003 (incorporated by reference, see Sec.  63.14).
    (v) If Method 8021B, ``Aromatic and Halogenated Volatiles by Gas 
Chromatography Using Photoionization and/or Electrolytic Conductivity 
Detectors,'' dated December 1996 (incorporated by reference, see Sec.  
63.14) is used according to Sec.  65.610(a)(3)(ii):
    (A) The type of detector used.
    (B) The list of target analytes.
    (C) The measured cooling water concentration for each of target 
analyte (parts per billion by weight).
    (D) Calibration and surrogate recovery information identified in 
Section 8.0 of Method 8021B, ``Aromatic and Halogenated Volatiles by 
Gas Chromatography Using Photoionization and/or Electrolytic 
Conductivity Detectors,'' dated December 1996 (incorporated by 
reference, see Sec.  63.14).
    (5) The date when a leak was identified and the date when the heat 
exchanger was repaired or taken out of service.
    (6) If a repair is delayed, the reason for the delay, the schedule 
for completing the repair, and the estimate of potential emissions for 
the delay of repair.
    (e) Process vents, resin strippers, and wastewater. You must 
include the records specified in paragraphs (e)(1) through (4) of this 
section, as applicable, for process vents, resin strippers, and 
wastewater.
    (1) Continuous records. Where this subpart requires a continuous 
record using CEMS or CPMS, you must maintain, at a minimum, the records 
specified in Sec.  63.10(b)(2)(vii)(A).
    (2) Excluded data. In any average computed to determine compliance, 
you must exclude monitoring data recorded during periods specified in 
paragraphs (e)(2)(i) through (iii) of this section.
    (i) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.

[[Page 29594]]

    (ii) Periods of no flow to a control device.
    (iii) Monitoring system malfunctions, repairs associated with 
monitoring system malfunctions, or required monitoring system quality 
assurance or control activities, as specified in Sec.  63.11890(c)(2).
    (3) Records of calculated emission and operating parameter values. 
You must retain for 5 years a record of CEMS and CPMS data as specified 
in paragraphs (e)(3)(i) and (ii) of this section, unless an alternative 
recordkeeping system has been requested and approved.
    (i) Except as specified in paragraphs (e)(3)(ii) of this section, 
retain for 5 years the records of the average values for each 
continuously monitored operating parameter and pollutant specified in 
Sec. Sec.  63.11925(e)(3)(ii), 63.11925(e)(4)(ii)(B), 63.11960(c)(2), 
and 63.11975(a)(2) for CEMS and CPMS.(ii) In lieu of calculating and 
recording the average value specified in paragraphs (e)(3)(i) of this 
section, if all 1-hour averages specified in Sec.  63.11935(e) 
demonstrate compliance with your parameter operating limit or the 
applicable pollutant emission limit in Table 1 or 2 to this subpart for 
the block average period, you may record a statement that all recorded 
1-hour averages met the operating limit or emission limit, as 
applicable, and retain for 5 years this statement and all recorded CPMS 
or CEMS data for the block average period.
    (4) Information to be included in records. You must keep records of 
each operating scenario as specified in paragraphs (e)(4)(i) through 
(viii) of this section, as applicable.
    (i) You must keep a schedule or log of operating scenarios, updated 
each time a different operating scenario is put into effect.
    (ii) A description of the process and the type of process 
components used.
    (iii) An identification of related process vents, wastewater 
streams, or resin strippers including their associated emissions 
episodes.
    (iv) The applicable control requirements of this subpart for 
process vents, resin strippers, and/or treatment processes.
    (v) The control device, resin stripper, and/or treatment process, 
including a description of operating and testing conditions.
    (vi) Combined emissions that are routed to the same control device, 
resin stripper, and/or treatment process.
    (vii) The applicable monitoring requirements of this subpart and 
any operating limit that assures compliance for all emissions routed to 
the control device resin stripper, and/or treatment process.
    (viii) Calculations and engineering analyses required to 
demonstrate compliance.
    (f) Process vents. You must include the records specified in 
paragraphs (f)(1) and (2) of this section, as applicable, for process 
vents.
    (1) Records of performance tests as required in Sec.  
63.10(b)(2)(viii). You must also collect the applicable control device 
operating parameters required in Sec.  63.11940 over the full period of 
the performance test.
    (2) If you use a control device to comply with this subpart and you 
are required to use CPMS, you must keep up-to-date and readily 
accessible records for your process vents as specified in paragraphs 
(f)(2)(i) through (vi) of this section, as applicable.
    (i) If you use a flow indicator, you must keep records of periods 
of no flow to the control device, including the start and stop time and 
dates of periods of flow and no flow.
    (ii) If you use a catalytic incinerator for which you have selected 
the alternative monitoring specified in Sec.  63.11940(b)(3), you must 
also maintain records of the results of the annual catalyst sampling 
and inspections required by Sec.  63.11940(b)(3)(i) and (ii) including 
any subsequent corrective actions taken.
    (iii) If you use a regenerative adsorber as specified in Sec.  
63.11940(d), the records specified in paragraphs (f)(2)(iii)(A) through 
(H) of this section, as applicable, must be kept.
    (A) Records of total regeneration stream mass flow for each 
adsorber-bed regeneration cycle.
    (B) Records of the temperature of the adsorber bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (C) For non-vacuum and non-steam regeneration systems, records of 
the temperature of the adsorber bed during each regeneration except 
during any temperature regulating (cooling or warming to bring bed 
temperature closer to vent gas temperature) portion of the regeneration 
cycle.
    (D) If adsorber regeneration vacuum is monitored pursuant to Sec.  
63.11940(d)(4), records of the vacuum profile over time and the amount 
of time the vacuum level is below the minimum vacuum target for each 
adsorber-bed regeneration cycle.
    (E) Records of the regeneration frequency and duration.
    (F) Daily records of the verification inspections, including the 
visual observations and/or any activation of an automated alarm or 
shutdown system with a written entry into a log book or other permanent 
form of record.
    (G) Records of the maximum volatile organic compound or HAP outlet 
concentration observed over the last 5 minutes of the adsorption cycle 
for each adsorber bed. Records must be weekly or for every regeneration 
cycle if the regeneration cycle is greater than 1 week.
    (H) Records of the date and time the adsorbent had last been 
replaced.
    (iv) If you use a non-regenerative adsorber as specified in Sec.  
63.11940(e), the records specified in paragraphs (f)(2)(iv)(A) through 
(C) of this section, as applicable, must be kept.
    (A) A record of the average life of the bed, as determined by Sec.  
63.11940(e)(1), including the date the average life was determined.
    (B) Daily, weekly, or monthly records of the maximum volatile 
organic compound or HAP outlet concentration, as specified by Sec.  
63.11940(e)(2).
    (C) Records of bed replacement including the date and time the 
adsorbent had last been replaced, and the date and time in which 
breakthrough is detected.
    (v) If you use sorbent injection as specified in Sec.  63.11940(g), 
you must keep records of the type and brand of sorbent used. If the 
type or brand of sorbent is changed, you must maintain documentation 
that the substitute will provide the same or better level of control as 
the original sorbent.
    (vi) If you use a fabric filter as specified in Sec.  63.11940(h), 
you must maintain the records specified in paragraphs (f)(2)(vi)(A) 
through (C) of this section for each bag leak detector used.
    (A) An operation and maintenance plan as described in Sec.  
63.11940(h)(10).
    (B) A corrective action plan as described in Sec.  63.11940(h)(11).
    (C) Records of any bag leak detection system alarm, including the 
date and time, with a brief explanation of the cause of the alarm and 
the corrective action taken.
    (g) Closed vent systems. You must keep the records specified in 
paragraphs (g)(1) through (6) of this section, and you must record any 
additional information as specified in Sec.  63.11930, as applicable.
    (1) Each alarm triggered because flow was detected in a bypass as 
specified in Sec.  63.11930(g)(1)(i).
    (2) Inspections of seals or closure mechanisms as specified in 
Sec.  63.11930(g)(1)(ii).
    (3) Copies of compliance reports for closed vent system leak 
inspections as specified in Sec.  63.11985(b)(9) and Sec.  
63.11930(g)(2) and (3).

[[Page 29595]]

    (4) Instrument calibration records as specified in Sec.  
63.11930(g)(4).
    (5) Unsafe-to-inspect equipment as specified in Sec.  
63.11930(g)(5).
    (6) Pressure alarms as specified by Sec.  63.11930(h)(2) and (3).
    (h) Resin stripper. For resin strippers, you must maintain the 
records specified in paragraphs (h)(1) through (3) of this section.
    (1) All sampling data, including monthly measurements of the 
concentration of vinyl chloride and total HAP compounds in the stripped 
resin exiting the resin stripper for each type of resin produced.
    (2) The applicable operating parameters required in Sec.  
63.11960(c) over the full period of the sampling.
    (3) The quantity (tons) of resin produced per grade per day.
    (i) Wastewater. For wastewater treatment processes, you must 
maintain the records specified in paragraphs (i)(1) through (6) of this 
section.
    (1) A description of the wastewater generation activities and 
treatment process.
    (2) Records of the control level determinations specified in Sec.  
63.11965(a)(1)(i) and (ii) for each wastewater stream and the type of 
treatment applied if required in Sec.  63.11965(b) and (c).
    (3) Records of the initial performance test specified in Sec.  
63.11970(a) including the operating parameters monitored during testing 
and the average of each parameter, averaged over the testing period.
    (4) Records of the annual average flow rate as determined in Sec.  
63.11965(a)(2) and Sec.  63.11975(e)(2), including documentation of how 
the average flow rate was determined.
    (5) All testing data, including monthly measurements of the 
concentrations of vinyl chloride and the concentration of total HAP 
that are listed in Table 9 to subpart G of this part in each wastewater 
stream required to be measured, as specified in Sec.  63.11975. You 
must also record the applicable operating parameters required in Sec.  
63.11975(a) over the full period of the sampling.
    (6) You must keep any other applicable records that are required by 
the recordkeeping requirements specified in Sec.  63.147 of subpart G 
of this part.
    (j) Other emission sources. You must keep the records specified in 
paragraphs (j)(1) and (2) of this section.
    (1) All engineering calculations, testing, sampling, and monitoring 
results and data specified in Sec.  63.11955.
    (2) Each occurrence that you do not comply with the requirements in 
Sec.  63.11955.


Sec.  63.11995  In what form and how long must I keep my records?

    (a) You must keep records for 5 years in a form suitable and 
readily available for expeditious review, as specified in Sec.  
63.10(b)(1).
    (b) You must keep each record on site for at least 2 years, as 
specified in Sec.  63.10(b)(1). You can keep the records off site for 
the remaining 3 years. Records may be maintained in hard copy or 
computer-readable format including, but not limited to, on paper, 
microfilm, hard disk drive, floppy disk, compact disk, magnetic tape, 
or microfiche.


Sec.  63.12000  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the 
Administrator, as defined in Sec.  63.2, or a delegated authority such 
as your state, local, or Tribal agency. If the Administrator has 
delegated authority to your state, local, or Tribal agency, then that 
agency (as well as the Administrator) has the authority to implement 
and enforce this subpart. You should contact your EPA Regional Office 
to find out if this subpart is delegated to your State, local, or 
Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or Tribal agency, the authorities listed in 
paragraphs (b)(1) through (4) of this section are retained by the 
Administrator and are not transferred to the state, local, or Tribal 
agency, however, the EPA retains oversight of this subpart and can take 
enforcement actions, as appropriate.
    (1) Approval of alternatives to the emission limits, operating 
limits, and work practice standards specified in this subpart.
    (2) Approval of a major change to test methods, as defined in Sec.  
63.90, approval of any proposed analysis methods, and approval of any 
proposed test methods.
    (3) Approval of a major change to monitoring, as defined in Sec.  
63.90.
    (4) Approval of a major change to recordkeeping and reporting, as 
defined in Sec.  63.90.

Definitions


Sec.  63.12005  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section, as follows:
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which 
are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Batch emission episode means a discrete venting episode that is 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode. For example, a displacement of vapor 
resulting from the charging of a vessel with HAP will result in a 
discrete emission episode that will last through the duration of the 
charge and will have an average flowrate equal to the rate of the 
charge. If the vessel is then heated, there will also be another 
discrete emission episode resulting from the expulsion of expanded 
vapor. Both emission episodes may occur in the same vessel or unit 
operation. There are possibly other emission episodes that may occur 
from the vessel or other process components, depending on process 
operations.
    Batch operation means a noncontinuous operation involving 
intermittent or discontinuous feed into process components, and, in 
general, involves the emptying of the process components after the 
operation ceases and prior to beginning a new operation. Addition of 
raw material and withdrawal of product do not occur simultaneously in a 
batch operation.
    Batch process vent means a vent from a batch operation from a PVCPU 
or vents from multiple PVCPUs within a process that are manifolded 
together into a common header, through which a HAP-containing gas 
stream is, or has the potential to be, released to the atmosphere. 
Batch process vents also include vents with intermittent flow from 
continuous operations that are not combined with any stream that 
originated as a continuous gas stream from the same continuous process. 
Examples of batch process vents include, but are not limited to, vents 
on condensers used for product recovery, polymerization reactors, and 
process tanks. The following are not batch process vents for the 
purposes of this subpart:
    (1) Continuous process vents.
    (2) Bottoms receivers.
    (3) Surge control vessels.
    (4) A gas stream routed to other processes for reaction or other 
use in another process (i.e., for chemical value as a product, isolated 
intermediate, byproduct, coproduct, or for heat value).
    (5) Vents on storage tanks, wastewater emission sources, or pieces 
of process components subject to the emission limits and work practice 
standards for storage vessels, equipment leaks, and wastewater.
    (6) Drums, pails, and totes.

[[Page 29596]]

    (7) Vents from a pressure relief device having an actuation 
pressure of 2 psig or higher.
    Bottoms receiver means a tank that collects bottoms from continuous 
distillation before the stream is sent for storage or for further 
downstream processing. A rundown tank is an example of a bottoms 
receiver.
    Bulk process means a process for producing polyvinyl chloride resin 
that is characterized by a two-step anhydrous polymerization process: 
the formation of small resin particles in a pre-polymerization reactor 
using small amounts of vinyl chloride monomer, an initiator, and 
agitation; and the growth of the resin particles in a post-
polymerization reactor using additional vinyl chloride monomer. Resins 
produced using the bulk process are referred to as bulk resins.
    Bypass means to direct a process vent or closed vent system stream 
to the atmosphere such that it does not first pass through an emission 
control device.
    Calendar year means the period between January 1 and December 31, 
inclusive for a given year.
    Capacity means the nominal figure or rating given by the 
manufacturer of the storage vessel, condenser, or other process 
component.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Closed vent system means a system that is not open to the 
atmosphere and is composed of piping, ductwork, connections, and, if 
necessary, flow inducing devices that collect or transport gas or vapor 
from an emission point to a control device.
    Combustion device means an individual unit used for the combustion 
of organic emissions, such as a flare, incinerator, process heater, or 
boiler.
    Conservation vent means an automatically operated (e.g., weight-
loaded or spring-loaded) safety device used to prevent the operating 
pressure of a storage vessel from exceeding the maximum allowable 
working pressure of the process component. Conservation vents open and 
close to permit only the intake or outlet relief necessary to keep the 
storage vessel within permissible working pressures, and reseal 
automatically.
    Container means a portable unit in which a material can be stored, 
transported, treated, disposed of, or otherwise handled. Examples of 
containers include, but are not limited to, drums, pails, and portable 
cargo containers known as ``portable tanks'' or ``totes.'' Container 
does not include transport vehicles or barges.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of emissions.
    Continuous operation means any operation that is not a batch 
operation.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec.  
63.11990(e)(1).
    Continuous process vent means the point of discharge to the 
atmosphere (or the point of entry into a control device, if any) of a 
gas stream if the gas stream has the following characteristics:
    (1) Some, or all, of the gas stream originates as a continuous flow 
from any continuous PVCPU operation during operation of the PVCPU.
    (2) The discharge to the atmosphere (with or without passing 
through a control device) meets at least one of the following 
conditions:
    (i) Is directly from any continuous operation.
    (ii) Is from any continuous operation after passing solely (i.e., 
without passing through any other unit operation for a process purpose) 
through one or more recovery devices within the PVCPU.
    (iii) Is from a device recovering only mechanical energy from a gas 
stream that comes either directly from any continuous operation, or 
from any continuous operation after passing solely (i.e., without 
passing through any other unit operation for a process purpose) through 
one or more recovery devices within the PVCPU.
    (3) The gas stream is in the gas phase from the point of origin at 
the continuous operation to the point of discharge to the atmosphere 
(or to the point of entry into a control device, if any).
    (4) The gas stream is discharged to the atmosphere either on site, 
off site, or both. If the gas stream is discharged to an off-site or 
on-site location that you do not own or operate, you must comply with 
the requirements in Sec.  63.113(a)(i) of this part.
    (5) The gas stream is not any of the following items:
    (i) A pressure relief device discharge having an actuation pressure 
of 2 psig or higher.
    (ii) A leak from equipment subject to this subpart.
    (iii) A gas stream exiting a control device used to comply with the 
emission limits and work practice standards of this subpart.
    (v) A gas stream transferred to other processes (on site or off 
site) for reaction or other use in another process (i.e., for chemical 
value as a product, isolated intermediate, by-product, or co-product, 
or for heat value).
    (vi) A storage vessel vent or transfer operation vent subject to 
the provisions of this subpart.
    (vii) A vent from a waste management unit subject to the provisions 
of subpart G of this subpart, as specified in this subpart.
    (viii) A gas stream exiting an analyzer (but they must be 
controlled as sample purge).
    (6) The gas stream would meet the characteristics specified in 
paragraphs (1) through (6) of this definition, but, for purposes of 
avoiding applicability, has been deliberately interrupted, temporarily 
liquefied, or routed through any process component for no process 
purpose.
    Control device means, with the exceptions noted in this definition, 
a combustion device, recovery device, recapture device, or any 
combination of these devices used to comply with this subpart. Process 
condensers are not control devices.
    Control system means the combination of the closed vent system and 
the control devices used to collect and control vapors or gases from a 
regulated emission source.
    Cooling tower means a heat removal device used to remove the heat 
absorbed in circulating cooling water systems by transferring the heat 
to the atmosphere using natural or mechanical draft.
    Cooling tower return line means the main water trunk lines at the 
inlet to the cooling tower before exposure to the atmosphere.
    Corrective action plan means a description of all reasonable 
interim and long-term measures, if any, that are available, and an 
explanation of why the selected corrective action is the best 
alternative, including, but not limited to, any consideration of cost-
effectiveness.
    Day means a calendar day, unless otherwise specified in this 
subpart.
    Degassing means the process of removing HAP organic gases from a 
storage vessel.

[[Page 29597]]

    Dioxin/furan means total tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Dispersion process means a process for producing polyvinyl chloride 
resin that is characterized by the formation of the polymers in soap 
micelles that contain small amounts of vinyl chloride monomer. 
Emulsifiers are used to disperse vinyl chloride monomer in the water 
phase. Initiators used in the dispersion process are soluble in water. 
Resins produced using the dispersion process are referred to as latex 
or dispersion resins.
    Empty or emptying means the partial or complete removal of stored 
liquid from a storage vessel. Storage vessels that contain liquid only 
as a result of the liquid clinging to the walls or bottoms, or resting 
in pools due to bottom irregularities, are considered completely empty.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, and instrumentation system in HAP service; and any control 
devices or systems used to comply with this subpart.
    Fill or filling means the introduction of liquid into a storage 
vessel, but not necessarily to capacity.
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Sec.  63.11930(f) to verify whether the leak is repaired, unless the 
owner or operator determines by other means that the leak is not 
repaired.
    Fixed roof storage vessel means a vessel with roof that is mounted 
(i.e., permanently affixed) on a storage vessel and that does not move 
with fluctuations in stored liquid level.
    Flow indicator means a device that indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Grade means the subdivision of PVC resin classification which 
describes it as a unique resin, i.e., the most exact description of a 
resin with no further subdivision.
    Heat exchange system means a device or collection of devices used 
to transfer heat from process fluids to water without intentional 
direct contact of the process fluid with the water (i.e., non-contact 
heat exchanger) and to transport and/or cool the water in a closed-loop 
recirculation system (cooling tower system) or a once-through system 
(e.g., river or pond water). For closed-loop recirculation systems, the 
heat exchange system consists of a cooling tower, all heat exchangers 
that are serviced by that cooling tower, and all water lines to and 
from the heat exchanger(s). For once-through systems, the heat exchange 
system consists of one or more heat exchangers servicing an individual 
process unit and all water lines to and from the heat exchanger(s). 
Intentional direct contact with process fluids results in the formation 
of a wastewater.
    In HAP service means that a process component either contains or 
contacts a liquid that is at least 5 percent HAP by weight or a gas 
that is at least 5 percent by volume HAP as determined according to the 
provisions of Sec.  63.180(d). The provisions of Sec.  63.180(d) also 
specify how to determine that a process component is not in HAP 
service.
    In vacuum service means that the process component is operating at 
an internal pressure that is at least 5 kilopascals (kPa) (0.7 pounds 
per square inch absolute) below ambient pressure.
    Incinerator means an enclosed combustion device with an enclosed 
fire box that is used for destroying organic compounds. Auxiliary fuel 
may be used to heat waste gas to combustion temperatures. Any energy 
recovery section present is not physically formed into one manufactured 
or assembled unit with the combustion section; rather, the energy 
recovery section is a separate section following the combustion section 
and the two are joined by ducts or connections carrying flue gas. This 
energy recovery section limitation does not apply to an energy recovery 
section used solely to preheat the incoming vent stream or combustion 
air.
    Maximum representative operating conditions means process operating 
conditions that result in the most challenging condition for the 
control device. The most challenging condition for the control device 
may include, but is not limited to, the highest or lowest HAP mass 
loading rate to the control device, the highest or lowest HAP mass 
loading rate of constituents that approach the limits of solubility for 
scrubbing media, the highest or lowest HAP mass loading rate of 
constituents that approach limits of solubility for scrubbing media.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total HAP in the stored or transferred liquid at the 
temperature equal to the highest calendar-month average of the liquid 
storage or transfer temperature for liquids stored or transferred above 
or below the ambient temperature or at the local maximum monthly 
average temperature as reported by the National Weather Service for 
liquids stored or transferred at the ambient temperature, as determined 
by any one of the following methods or references:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-
Roof Tanks (incorporated by reference, see Sec.  63.14).
    (2) As obtained from standard reference texts.
    (3) As determined by the American Society for Testing and Materials 
Method D2879-10 (incorporated by reference, see Sec.  63.14).
    (4) Any other method approved by the Administrator.
    Nonstandard batch means a batch process that is operated outside of 
the range of operating conditions that are documented in an existing 
operating scenario but is still a reasonably anticipated event. For 
example, a nonstandard batch occurs when additional processing or 
processing at different operating conditions must be conducted to 
produce a product that is normally produced under the conditions 
described by the standard batch. A nonstandard batch may be necessary 
as a result of a malfunction, but it is not itself a malfunction.
    Operating block means a period of time that is equal to the time 
from the beginning to end of batch process operations within a process.
    Operating day means a 24-hour period between 12 midnight and the 
following midnight during which PVC is produced at any time in the 
PVCPU. It is not necessary for PVC to be produced for the entire 24-
hour period.
    Operating scenario means, for the purposes of reporting and 
recordkeeping, any specific operation of a regulated process as 
described by reports specified in Sec.  63.11985(b)(3) and records 
specified in Sec.  63.11990(e)(4).
    Plant site means all contiguous or adjoining property that is under 
common control including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Polymerization reactor means any vessel in which vinyl chloride is 
partially or totally polymerized into polyvinyl chloride. For bulk 
processes, the polymerization reactor includes pre-polymerization 
reactors and post-polymerization reactors.
    Polyvinyl chloride (PVC) means a synthetic thermoplastic polymer 
that is derived from the polymerization of vinyl chloride and has the 
general chemical structure (-H<INF>2</INF>CCHCl-)<INF>n</INF>.

[[Page 29598]]

Polyvinyl chloride is typically a white powder or colorless granule. 
Polyvinyl chloride is produced by different processes, including (but 
not limited to), suspension, dispersion/emulsion, bulk, and solution 
processes.
    Polyvinyl chloride and copolymers production process unit or PVCPU 
means a collection of process components assembled and connected by 
hard-piping or duct work, used to process raw materials and to 
manufacture polyvinyl chloride and/or polyvinyl chloride copolymers. A 
PVCPU includes, but is not limited to, polymerization reactors; resin 
stripping operations; blend tanks; centrifuges; dryers; product 
separators; recovery devices; feed, intermediate, and product storage 
vessels such as reactant storage tanks, holding tanks, mixing and 
weighing tanks, and final product storage tanks or storage silos; 
finished product loading operations; heat exchange systems; wastewater 
strippers; wastewater treatment systems; connected ducts and piping; 
equipment components including pumps, compressors, agitators, pressure 
relief devices, sampling connection systems, open-ended valves or 
lines, valves, and connectors. A PVCPU does not include chemical 
manufacturing process units, as defined in Sec.  63.101, that produce 
vinyl chloride monomer or other raw materials used in the PVC 
polymerization process.
    Polyvinyl chloride copolymer means a synthetic thermoplastic 
polymer that is derived from the simultaneous polymerization of vinyl 
chloride and another vinyl monomer such as vinyl acetate. Polyvinyl 
chloride copolymer is produced by different processes, including, but 
not limited to, suspension, dispersion/emulsion, bulk, and solution 
processes.
    Pressure relief device means a safety device used to prevent 
operating pressures from exceeding the maximum allowable working 
pressure of the process component. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either 
by a pressure of less than or equal to 2.5 pounds per square inch gauge 
or by a vacuum are not pressure relief devices.
    Pressure vessel means a vessel that is used to store liquids or 
gases and is designed not to vent to the atmosphere as a result of 
compression of the vapor headspace in the pressure vessel during 
filling of the pressure vessel to its design capacity.
    Process change means an addition to or change in a PVCPU and/or its 
associated process components that creates one or more emission points 
or changes the characteristics of an emission point such that a new or 
different emission limit, operating parameter limit, or work practice 
requirement applies to the added or changed emission points. Examples 
of process changes include, but are not limited to, changes in 
production capacity, production rate, or catalyst type, or whenever 
there is replacement, removal, or addition of recovery device 
components. For purposes of this definition, process changes do not 
include process upsets, changes that do not alter the process component 
configuration and operating conditions, and unintentional, temporary 
process changes. A process change does not include moving within a 
range of conditions identified in the standard batch, and a nonstandard 
batch does not constitute a process change.
    Process component means any unit operation or group of units 
operations or any part of a process or group of parts of a process that 
are assembled to perform a specific function (e.g., polymerization 
reactor, dryers, etc.). Process components include equipment, as 
defined in this section.
    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a batch process. All condensers 
recovering condensate from a batch process at or above the boiling 
point or all condensers in line prior to a vacuum source are considered 
process condensers. Typically, a primary condenser or condensers in 
series are considered to be integral to the batch regulated process if 
they are capable of and normally used for the purpose of recovering 
chemicals for fuel value (i.e., net positive heating value), use, reuse 
or for sale for fuel value, use, or reuse. This definition does not 
apply to a condenser that is used to remove materials that would hinder 
performance of a downstream recovery device as follows:
    (1) To remove water vapor that would cause icing in a downstream 
condenser.
    (2) To remove water vapor that would negatively affect the 
adsorption capacity of carbon in a downstream carbon adsorber.
    (3) To remove high molecular weight organic compounds or other 
organic compounds that would be difficult to remove during regeneration 
of a downstream adsorber.
    Process tank means a tank or other vessel (e.g., pressure vessel) 
that is used within an affected source to both: (1) Collect material 
discharged from a feedstock storage vessel, process tank, or other 
PVCPU process component, and (2) discharge the material to another 
process tank, process component, byproduct storage vessel, or product 
storage vessel.
    Process unit means the process components assembled and connected 
by pipes or ducts to process raw and/or intermediate materials and to 
manufacture an intended product. For the purpose of this subpart, 
process unit includes, but is not limited to, polyvinyl chloride 
production process.
    Process vent means batch process vent or continuous process vent 
from process components including polymerization reactors, resin 
strippers, vinyl chloride monomer recovery systems, slip gauges, 
unloading and loading lines, samples, wastewater collection and 
treatment systems, and other process components prior to the resin 
stripper.
    Product means a polymer produced using the same monomers and 
varying in additives (e.g., initiators, terminators, etc.); catalysts; 
or in the relative proportions of monomers, that is manufactured by a 
process unit. With respect to polymers, more than one recipe may be 
used to produce the same product, and there can be more than one grade 
of a product. Product also means a chemical that is not a polymer, 
which is manufactured by a process unit. By-products, isolated 
intermediates, impurities, wastes, and trace contaminants are not 
considered products.
    Recipe means a specific composition, from among the range of 
possible compositions that may occur within a product, as defined in 
this section. A recipe is determined by the proportions of monomers 
and, if present, other reactants and additives that are used to make 
the recipe.
    Recovery device means an individual process component capable of 
and normally used for the purpose of recovering chemicals for fuel 
value (i.e., net positive heating value), use, reuse or for sale for 
fuel value, use, or reuse. Examples of process components that may be 
recovery devices include absorbers, adsorbers, condensers, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers (e.g., wastewater steam and vacuum strippers), 
or thin-film evaporation units. For purposes of this subpart, recovery 
devices are control devices.
    Repaired, for the purposes of this subpart, means equipment that is 
adjusted or otherwise altered to eliminate a leak as defined in the 
applicable sections of this subpart; and unless otherwise specified in 
applicable provisions of this subpart, is inspected as specified in 
Sec.  63.11930(f) to verify that emissions from the equipment are below 
the applicable leak definition.

[[Page 29599]]

    Resin stripper means a unit that removes organic compounds from a 
raw polyvinyl chloride and copolymer product. In the production of a 
polymer, stripping is a discrete step that occurs after the 
polymerization reaction and before drying or other finishing 
operations. Examples of types of stripping include steam stripping, 
vacuum stripping, or other methods of devolatilization. For the 
purposes of this subpart, devolatilization that occurs in dryers or 
other finishing operations is not resin stripping. Resin stripping may 
occur in a polymerization reactor or in a batch or continuous stripper 
separate from the polymerization reactor where resin stripping occurs.
    Root cause analysis means an assessment conducted through a process 
of investigation to determine the primary cause, and any other 
significant contributing cause(s), of a discharge of gases in excess of 
specified thresholds.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow 
rate, pH, or liquid level.
    Slip gauge means a gauge that has a probe that moves through the 
gas/liquid interface in a storage vessel and indicates the level of 
product in the vessel by the physical state of the material the gauge 
discharges.
    Solution process means a process for producing polyvinyl chloride 
resin that is characterized by the anhydrous formation of the polymer 
through precipitation. Polymerization occurs in an organic solvent in 
the presence of an initiator where vinyl chloride monomer and co-
monomers are soluble in the solvent, but the polymer is not. The PVC 
polymer is a granule suspended in the solvent, which then precipitates 
out of solution. Emulsifiers and suspending agents are not used in the 
solution process. PVC resins produced using the solution process are 
referred to as solution resins.
    Specific gravity monitoring device means a unit of equipment used 
to monitor specific gravity and having a minimum accuracy of <plus-
minus>0.02 specific gravity units.
    Standard procedure means a formal written procedure officially 
adopted by the plant owner or operator and available on a routine basis 
to those persons responsible for carrying out the procedure.
    Storage vessel means a tank or other vessel (e.g., pressure vessel) 
that is part of an affected source and is used to store a gaseous, 
liquid, or solid feedstock, byproduct, or product that contains organic 
HAP. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Process tanks;
    (3) Vessels with capacities smaller than 10,040 gallons;
    (4) Vessels storing organic liquids that contain organic HAP only 
as impurities;
    (5) Bottoms receiver tanks;
    (6) Surge control vessels; and
    (7) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Stripped resin means the material exiting the resin stripper that 
contains polymerized vinyl chloride.
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is 
part of the vent stream as a result of the nature of the unit operation 
is not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air. Air required to ensure the proper operation of catalytic 
oxidizers, to include the intermittent addition of air upstream of the 
catalyst bed to maintain a minimum threshold flow rate through the 
catalyst bed or to avoid excessive temperatures in the catalyst bed, is 
not considered to be supplemental combustion air.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels used as a part of any continuous operation. Surge 
control vessels are used within an affected source when in-process 
storage, mixing, or management of flow rates or volumes is needed to 
introduce material into continuous operations.
    Suspension process means a process for producing polyvinyl chloride 
resin that is characterized by the formation of the polymers in 
droplets of liquid vinyl chloride monomer or other co-monomers 
suspended in water. The droplets are formed by agitation and the use of 
protective colloids or suspending agents. Initiators used in the 
suspension process are soluble in vinyl chloride monomer. Polyvinyl 
chloride resins produced using the suspension process are referred to 
as suspension resins.
    Treatment process means a specific technique or collection of 
techniques that remove or destroy the organics in a wastewater or 
residual stream such as a steam stripping unit, thin-film evaporation 
unit, waste incinerator, biological treatment unit, or any other 
process or collection of processes applied to wastewater streams or 
residuals to comply with Sec. Sec.  63.11965 and 63.11970. Most 
treatment processes are conducted in tanks.
    Type of resin means the broad classification of resin referring to 
the basic manufacturing process for producing that resin, including, 
but not limited to, suspension, dispersion/emulsion, bulk, and solution 
processes.
    Unloading operations means the transfer of organic liquids from a 
transport vehicle, container, or storage vessel to process components 
within the affected source.
    Wastewater means water that comes into direct contact with HAP or 
results from the production or use of any raw material, intermediate 
product, finished product, by-product, or waste product containing HAP 
but that has not been discharged untreated as wastewater. Examples are 
product tank drawdown or feed tank drawdown; water formed during a 
chemical reaction or used as a reactant; water used to wash impurities 
from organic products or reactants; water used to cool or quench 
organic vapor streams through direct contact; water discarded from a 
control device; and condensed steam from jet ejector systems pulling 
vacuum on vessels containing organics. Gasholder seal water is not 
wastewater until it is removed from the gasholder.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

       Table 1 to Subpart HHHHHHH of Part 63--Emission Limits and Standards for Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                 And for an affected
For this type of emission point .       And for this air       source  producing this      You must meet this
               . .                      pollutant . . .        type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
Process vents \1\................  Vinyl chloride...........  All resin types.........  0.32 parts per million
                                                                                         by volume at 3-percent
                                                                                         oxygen (ppmv).

[[Page 29600]]

 
                                   Total organic HAP........  All resin types.........  12 ppmv.
                                                                                        (For compliance
                                                                                         determination,
                                                                                         demonstrate that total
                                                                                         hydrocarbon is less
                                                                                         than or equal to 2 ppmv
                                                                                         measured as propane).
                                   Hydrogen chloride........  All resin types.........  150 ppmv.
                                   Dioxins/furans (toxic      All resin types.........  0.023 ng/dscm at 3-
                                    equivalency basis).                                  percent oxygen.
Stripped resin...................  Vinyl chloride...........  Bulk....................  7.1 parts per million by
                                                                                         weight (ppmw).
                                                              Dispersion..............  55 ppmw.
                                                              All other resins \2\....  0.48 ppmw.
                                   Total HAP................  Bulk....................  170 ppmw.
                                                              Dispersion..............  110 ppmw.
                                                              All other resins \2\....  76 ppmw.
Wastewater.......................  Vinyl chloride...........  All resin types.........  See Table 3 to this
                                                                                         subpart.
                                   Total HAP................  All resin types.........
----------------------------------------------------------------------------------------------------------------
\1\ Emission limits at 3 percent oxygen, dry basis.
\2\ Includes, but is not limited to, PVCPUs using the suspension process and solution process.


          Table 2 to Subpart HHHHHHH of Part 63--Emission Limits and Standards for New Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                 And for an affected
For this type of emission point .       And for this air       source  producing this      You must meet this
               . .                      pollutant . . .        type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
Process vents \1\................  Vinyl chloride...........  All resin types.........  3.2 parts per billion by
                                                                                         volume at 3-percent
                                                                                         oxygen (ppbv).
                                   Total organic HAP........  All resin types.........  0.22 ppmv.
                                                                                        (For compliance
                                                                                         determination,
                                                                                         demonstrate that total
                                                                                         hydrocarbon is less
                                                                                         than or equal to 2 ppmv
                                                                                         measured as propane).
                                   Hydrogen chloride........  All resin types.........  0.17 ppmv.
                                   Dioxins/furans (toxic      All resin types.........  0.0087 ng/dscm at 3-
                                    equivalency basis).                                  percent oxygen.
Stripped resin...................  Vinyl chloride...........  Bulk....................  7.1 parts per million by
                                                                                         weight (ppmw).
                                                              Dispersion..............  41 ppmw.
                                                              All other resins \2\....  0.20 ppmw
                                   Total HAP................  Bulk....................  170 ppmw.
                                                              Dispersion..............  58 ppmw.
                                                              All other resins \2\....  42 ppmw.
Wastewater.......................  Vinyl chloride...........  All resin types.........  See Table 3 to this
                                                                                         subpart.
                                   Total HAP................  All resin types.........
----------------------------------------------------------------------------------------------------------------
\1\ Emission limits at 3 percent oxygen, dry basis.
\2\ Includes, but is not limited to, PVCPUs using the suspension process and solution process.


Table 3 to Subpart HHHHHHH--Emission Limits and Standards for Wastewater
                  for New and Existing Affected Sources
------------------------------------------------------------------------
                                                     And the wastewater
  If a wastewater stream is                         stream must meet the
 determined to have a . . .        Then . . .        following limit or
                                                          standard:
------------------------------------------------------------------------
Vinyl chloride concentration  You are not required  Less than 10 ppmw
 less than 10 parts per        to use a wastewater   vinyl chloride.\1\
 million by weight (ppmw) at   treatment process
 the point of generation.      to reduce your
                               vinyl chloride
                               emissions and
                               compliance must be
                               demonstrated as
                               specified in Sec.
                               63.11970(b).
HAP concentration (based on   You are not required  Less than 1,000 ppmw
 HAP listed in Table 9 to      to use a wastewater   of HAP listed in
 subpart G of this part)       treatment process     Table 9 to subpart
 less than 1,000 ppmw; or.     to reduce your        G of this part and
Annual average flow rate       total HAP emissions   less than 10 liters
 less than 10 liters per       (for HAP listed in    per minute annual
 minute.                       Table 9 to subpart    average flow
                               G of this part) and   rate.\2\
                               compliance must be
                               demonstrated as
                               specified in Sec.
                               63.11970(c).
Vinyl chloride concentration  You must use a        Existing sources--
 greater than or equal to 10   wastewater            0.11 ppmw vinyl
 ppmw at the point of          treatment process     chloride at the
 generation.                   and demonstrate       stripper outlet.\1\
                               compliance as        New sources--0.0060
                               specified in Sec.     ppmw vinyl chloride
                               Sec.   63.11965(b)    at the stripper
                               and 63.11970(a),      outlet.\1\
                               respectively \1\.

[[Page 29601]]

 
HAP concentration (based on   You must use a        The provisions in
 HAP listed in Table 9 to      wastewater            subpart G of this
 subpart G of this part)       treatment process     part, as referenced
 greater than or equal to      and demonstrate       in Sec.
 1,000 ppmw; HAP and           compliance as         63.11965(c)(1)
Annual average flow rate       specified in Sec.     through (4).\2\
 greater than or equal to 10   Sec.   63.11965(c)
 liters per minute.            and 63.11970(a),
                               respectively.
------------------------------------------------------------------------
\1\ Refer to Sec.   63.11975(a)(3) and (d) for the data averaging period
  for determining compliance.
\2\ Refer to subpart G of this part for the data averaging period for
  determining compliance.


 Table 4 to Subpart HHHHHHH of Part 63--Summary of Control Requirements
             for Storage Vessels at New and Existing Sources
------------------------------------------------------------------------
                                                     Then, you must use
    If the storage vessel         And the vapor      the following type
 capacity (gallons) is * * *   pressure \1\ (psia)  of storage vessel: *
                                    is * * *                 * *
------------------------------------------------------------------------
>= 20,000 but < 40,000......  >= 4................  Internal floating
                                                     roof, external
                                                     floating roof, or
                                                     fixed roof vented
                                                     to a closed vent
                                                     system and control
                                                     device achieving 95
                                                     percent
                                                     reduction.\2\
>= 40,000...................  >= 0.75.............  Internal floating
                                                     roof, external
                                                     floating roof, or
                                                     fixed roof vented
                                                     to a closed vent
                                                     system and control
                                                     device achieving 95
                                                     percent
                                                     reduction.\2\
Any capacity................  > 11.1..............  Pressure vessel.\3\
------------------------------------------------------------------------
All other capacity and vapor pressure combinations  Fixed roof.\4\
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total HAP at storage temperature.
\2\ If using a fixed roof storage vessel vented to a closed vent system
  and control device, you must meet the requirements in Sec.
  63.11910(a) for fixed roof storage vessels. If using an internal
  floating roof storage vessel or external floating roof storage
  vessels, you must meet the requirements in Sec.   63.11910(b) for
  internal floating roof storage vessels or external floating roof
  storage vessels, as applicable.
\3\ Meeting the requirements of Sec.   63.11910(c) for pressure vessels.
\4\ Meeting the requirements in Sec.   63.11910(a) for fixed roof
  storage vessels.


            Table 5 to Subpart HHHHHHH of Part 63--Applicability of the General Provisions to Part 63
----------------------------------------------------------------------------------------------------------------
                                                                 Applies to subpart
             Citation                       Subject                    HHHHHHH                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(a)(4), (a)(6),  Applicability............  Yes.....................  ........................
 (a)(10)-(a)(12), (b)(1), (b)(3),
 (c)(1), (c)(2), (c)(5), (e).
Sec.   63.1(a)(5), (a)(7)-(a)(9),  Reserved.................  No......................  ........................
 (b)(2), (c)(3), (c)(4), (d).
Sec.   63.2......................  Definitions..............  Yes.....................  Additional definitions
                                                                                         are found in Sec.
                                                                                         63.12005.
Sec.   63.3......................  Units and abbreviations..  Yes.....................  ........................
Sec.   63.4......................  Prohibited activities and  Yes.....................  ........................
                                    circumvention.
Sec.   63.5......................  Preconstruction review     Yes.....................  ........................
                                    and notification
                                    requirements.
Sec.   63.6(a), (b)(1)-(b)(5),     Compliance with standards  Yes.....................  Sec.   63.11875
 (b)(7), (c)(1), (c)(2), (c)(5),    and maintenance                                      specifies compliance
 (e)(1)(iii), (f)(2), (f)(3),       requirements.                                        dates.
 (g), (i), (j).
Sec.   63.6(b)(6), (c)(3),         [Reserved]...............  No......................  ........................
 (c)(4), (d), (e)(2), (e)(3)(ii),
 (h)(2)(ii), (h)(3), (h)(5)(iv).
Sec.   63.6(e)(1)(i), (e)(1)(ii),  Startup, shutdown, and     No. See Sec.              ........................
 (e)(3), (f)(1).                    malfunction provisions.    63.11890(b) for general
                                                               duty requirement.
Sec.   63.6(h)(1), (h)(2)(i),      Compliance with opacity    No......................  Subpart HHHHHHH does not
 (h)(2)(iii), (h)(4), (h)(5)(i)-    and visible emission                                 specify opacity or
 (h)(5)(iii), (h)(5)(v), (h)(6)-    standards.                                           visible emission
 (h)(9).                                                                                 standards.
Sec.   63.7(a)(1), (a)(2)(ix),     Performance testing        Yes.....................  ........................
 (a)(3), (a)(4), (b)-(d), (e)(2)-   requirements.
 (e)(4), (f)-(h).
Sec.   63.7(e)(1)................  Performance testing......  No. See especially Sec.   ........................
                                                                63.11945, 63.11960(d),
                                                               63.11980(a).
Sec.   63.8(a)(1), (a)(2),         Monitoring requirements..  Yes.....................  Except cross reference
 (a)(4), (b), (c)(1)(i),                                                                 in Sec.   63.8(c)(1)(i)
 (c)(1)(ii), (c)(2)-(c)(4),                                                              to Sec.   63.6(e)(1) is
 (c)(6)-(c)(8).                                                                          replaced with a cross-
                                                                                         reference to Sec.
                                                                                         63.11890(b).
Sec.   63.8(a)(3)................  [Reserved]...............  No......................  ........................

[[Page 29602]]

 
Sec.   63.8(c)(1)(iii)...........  Requirement to develop     No......................  ........................
                                    SSM plan for continuous
                                    monitoring systems.
Sec.   63.8(c)(5)................  Continuous opacity         No......................  Subpart HHHHHHH does not
                                    monitoring system                                    have opacity or visible
                                    minimum procedures.                                  emission standards.
Sec.   63.8(d)(3)................  Written procedures for     Yes, except for last      ........................
                                    continuous monitoring      sentence, which refers
                                    systems (CMS).             to an SSM plan. SSM
                                                               plans are not required.
Sec.   63.8(g)...................  Reduction of monitoring    Yes.....................  Except that the minimum
                                    data.                                                data collection
                                                                                         requirements are
                                                                                         specified in Sec.
                                                                                         63.11890(e).
Sec.   63.9(a), (b)(1), (b)(2),    Notification requirements  Yes.....................  ........................
 (b)(4)(i), (b)(4)(v), (b)(5),
 (c)-(e), (g)(1), (g)(3), (h)(1)-
 (h)(3), (h)(5), (h)(6), (i), (j).
Sec.   63.9(f)...................  Notification of opacity    No......................  Subpart HHHHHHH does not
                                    and visible emission                                 have opacity or visible
                                    observations.                                        emission standards.
Sec.   63.9(g)(2)................  Use of continuous opacity  No......................  Subpart HHHHHHH does not
                                    monitoring system data.                              require the use of
                                                                                         continuous opacity
                                                                                         monitoring system.
Sec.   63.9(b)(3), (b)(4)(ii)-     [Reserved]...............  No......................  ........................
 (iv), (h)(4).
Sec.   63.10(a), (b)(1)..........  Recordkeeping and          Yes.....................  ........................
                                    reporting requirements.
Sec.   63.10(b)(2)(i)............  Recordkeeping of           No......................  ........................
                                    occurrence and duration
                                    of startups and
                                    shutdowns.
Sec.   63.10(b)(2)(ii)...........  Recordkeeping of           No. See 63.11985(c)(4)    ........................
                                    malfunctions.              and (8) for
                                                               recordkeeping of (1)
                                                               occurrence and duration
                                                               and (2) actions taken
                                                               during malfunction. See
                                                               also 63.11985(b)(4)(i),
                                                               for deviation reporting.
Sec.   63.10(b)(2)(iii)..........  Maintenance records......  Yes.....................  ........................
Sec.   63.10(b)(2)(iv), (b)(2)(v)  Actions taken to minimize  No......................  ........................
                                    emissions during SSM.
Sec.   63.10(b)(2)(vi)...........  Recordkeeping for CMS      Yes.....................  ........................
                                    malfunctions.
Sec.   63.10(b)(2)(vii)-(ix).....  Other CMS requirements...  Yes.....................  ........................
Sec.   63.10(b)(2)(xi)-(xiv).....  Other recordkeeping        Yes.....................  ........................
                                    requirements.
Sec.   63.10(b)(3)...............  Recordkeeping requirement  Yes.....................  ........................
                                    for applicability
                                    determinations.
Sec.   63.10(c)(1), (c)(5),        Additional recordkeeping   Yes.....................  ........................
 (c)(6).                            requirements for sources
                                    with continuous
                                    monitoring systems.
                                  ------------------------------------------------------------------------------
Sec.   63.10(c)(2)-(4), (c)(9)...                                    [Reserved]
                                  ------------------------------------------------------------------------------
Sec.   63.10(c)(7)...............  Additional recordkeeping   Yes.....................  ........................
                                    requirements for CMS--
                                    identifying exceedances
                                    and excess emissions.
Sec.   63.10(c)(8)...............  Additional recordkeeping   Yes.....................  ........................
                                    requirements for CMS--
                                    identifying exceedances
                                    and excess emissions.
Sec.   63.10(c)(10)..............  Recording nature and       No. See 63.11985(c)(4)    ........................
                                    cause of malfunctions.     and (8) for
                                                               recordkeeping of (1)
                                                               occurrence and duration
                                                               and (2) actions taken
                                                               during malfunction. See
                                                               also 63.11985(b)(4)(i),
                                                               for deviation reporting.
63.10(c)(11).....................  Recording corrective       No. See 63.11985(c)(4)    ........................
                                    actions.                   and (8) for
                                                               recordkeeping of (1)
                                                               occurrence and duration
                                                               and (2) actions taken
                                                               during malfunction. See
                                                               also 63.11985(b)(4)(i),
                                                               for deviation reporting.

[[Page 29603]]

 
Sec.   63.10(c)(13)-(14).........  Records of the total       Yes.....................  ........................
                                    process operating time
                                    during the reporting
                                    period and procedures
                                    that are part of the
                                    continuous monitoring
                                    system quality control
                                    program.
Sec.   63.10(c)(15)..............  Use SSM plan.............  No......................  ........................
Sec.   63.10(d)(1)...............  General reporting          Yes.....................  ........................
                                    requirements.
Sec.   63.10(d)(2)...............  Performance test results.  Yes.....................  ........................
Sec.   63.10(d)(3)...............  Opacity or visible         No......................  Subpart HHHHHHH does not
                                    emissions observations.                              specify opacity or
                                                                                         visible emission
                                                                                         standards.
Sec.   63.10(d)(4)...............  Progress reports.........  Yes.....................  ........................
Sec.   63.10(d)(5)...............  SSM reports..............  No. See 63.11985(c)(4)    ........................
                                                               and (8) for
                                                               recordkeeping of (1)
                                                               occurrence and duration
                                                               and (2) actions taken
                                                               during malfunction. See
                                                               also 63.11985(b)(4)(i),
                                                               for deviation reporting.
Sec.   63.10(e)(1)...............  Additional continuous      Yes.....................  ........................
                                    monitoring system
                                    reports--general.
Sec.   63.10(e)(2)(i)............  Results of continuous      Yes.....................  ........................
                                    monitoring system
                                    performance evaluations.
Sec.   63.10(e)(2)(ii)...........  Results of continuous      No......................  Subpart HHHHHHH does not
                                    opacity monitoring                                   require the use of
                                    system performance                                   continuous opacity
                                    evaluations.                                         monitoring system.
Sec.   63.10(e)(3)...............  Excess emissions/          Yes.....................  ........................
                                    continuous monitoring
                                    system performance
                                    reports.
Sec.   63.10(e)(4)...............  Continuous opacity         No......................  Subpart HHHHHHH does not
                                    monitoring system data                               require the use of
                                    reports.                                             continuous opacity
                                                                                         monitoring system.
Sec.   63.10(f)..................  Recordkeeping/reporting    Yes.....................  ........................
                                    waiver.
63.11(a).........................  Control device and work    Yes.....................  ........................
                                    practice requirements--
                                    applicability.
Sec.   63.11(b)..................  Flares...................  No......................  Facilities subject to
                                                                                         subpart HHHHHHH do not
                                                                                         use flares as control
                                                                                         devices, as specified
                                                                                         in Sec.   63.11925(b).
Sec.   63.11(c)-(e)..............  Alternative work practice  Yes.....................  ........................
                                    for monitoring equipment
                                    for leaks.
Sec.   63.12.....................  State authority and        Yes.....................  Sec.   63.12000
                                    delegations.                                         identifies types of
                                                                                         approval authority that
                                                                                         are not delegated.
Sec.   63.13.....................  Addresses................  Yes.....................  ........................
Sec.   63.14.....................  Incorporations by          Yes.....................  Subpart HHHHHHH
                                    reference.                                           incorporates material
                                                                                         by reference.
Sec.   63.15.....................  Availability of            Yes.....................  ........................
                                    information and
                                    confidentiality.
Sec.   63.16.....................  Performance track          Yes.....................  ........................
                                    provisions.
----------------------------------------------------------------------------------------------------------------


 Table 6 to Subpart HHHHHHH of Part 63--Operating Parameters, Operating Limits, and Data Monitoring, Recording,
                  and Compliance Frequencies for Process Vents, Stripped Resin, and Wastewater
----------------------------------------------------------------------------------------------------------------
                                     Establish the      Monitor, record, and demonstrate continuous compliance
                                       following                    using these minimum frequencies
 For these control devices, you     operating limit  -----------------------------------------------------------
  must monitor these operating        during your
        parameters . . .                initial                                                 Data averaging
                                  performance test .   Data measurement     Data recording        period for
                                          . .                                                     compliance
----------------------------------------------------------------------------------------------------------------
                                                  Process Vents
----------------------------------------------------------------------------------------------------------------
Any Control device:
    Flow to/from the control      N/A...............  Continuous........  N/A...............  Date and time of
     device.                                                                                   flow start and
                                                                                               stop.
Incinerators:
    Temperature (in fire box or   Minimum             Continuous........  Every 15 minutes..  3-hour block
     downstream ductwork prior     temperature.                                                average.
     to heat exchange).

[[Page 29604]]

 
    Temperature differential      Minimum             Continuous........  Every 15 minutes..  3-hour block
     across catalyst bed.          temperature                                                 average.
                                   differential.
    Inlet temperature to          Minimum inlet       Continuous for      Every 15 minutes    3-hour block
     catalyst bed and catalyst     temperature and     temperature,        for temperature,    average for
     condition.                    catalyst            annual for          annual for          temperature,
                                   condition as        catalyst            catalyst            annual for
                                   specified in        condition.          condition.          catalyst
                                   63.11940(b)(3).                                             condition.
Absorbers and Acid Gas
 Scrubbers:
    Influent liquid flow........  Minimum inlet       Continuous........  Every 15 minutes..  3-hour block
                                   liquid flow.                                                average.
    Influent liquid flow and gas  Minimum influent    Continuous........  Every 15 minutes..  3-hour block
     stream flow.                  liquid flow to                                              average.
                                   gas stream flow
                                   ratio.
    Pressure drop...............  Minimum pressure    Continuous........  Every 15 minutes..  3-hour block
                                   drop.                                                       average.
    Exhaust gas temperature.....  Maximum exhaust     Continuous........  Every 15 minutes..  3-hour block
                                   gas temperature.                                            average.
    Change in specific gravity    Minimum change in   Continuous........  Every 15 minutes..  3-hour block
     of scrubber liquid.           specific gravity.                                           average.
    pH of effluent liquid.......  Minimum pH........  Continuous........  Every 15 minutes..  3-hour block
                                                                                               average.
    Causticity of effluent        Minimum causticity  Continuous........  Every 15 minutes..  3-hour block
     liquid.                                                                                   average.
    Conductivity of effluent      Minimum             Continuous........  Every 15 minutes..  3-hour block
     liquid.                       conductivity.                                               average.
Regenerative Adsorber:
    Regeneration stream flow....  Minimum total flow  Continuous........  N/A...............  Total flow for
                                   per regeneration                                            each regeneration
                                   cycle.                                                      cycle.
    Adsorber bed temperature....  Maximum             Continuously after  Every 15 minutes    3-hour block
                                   temperature.        regeneration and    after               average.
                                                       within 15 minutes   regeneration and
                                                       of completing any   within 15 minutes
                                                       temperature         of completing any
                                                       regulation.         temperature
                                                                           regulation.
    Adsorber bed temperature....  Minimum             Continuously        N/A...............  Average of
                                   temperature.        during                                  regeneration
                                                       regeneration                            cycle.
                                                       except during any
                                                       temperature
                                                       regulating
                                                       portion of the
                                                       regeneration
                                                       cycle..
    Vacuum and duration of        Minimum vacuum and  Continuous........  N/A...............  Average vacuum and
     regeneration.                 period of time                                              duration of
                                   for regeneration.                                           regeneration.
    Regeneration frequency......  Minimum             Continuous........  N/A...............  Date and time of
                                   regeneration                                                regeneration
                                   frequency and                                               start and stop.
                                   duration.
    Adsorber operation valve      Correct valve       Daily.............  Daily.............  N/A.
     sequencing and cycle time.    sequencing and
                                   minimum cycle
                                   time.
Non-Regenerative Adsorber:
    Average adsorber bed life...  N/A...............  Daily until         N/A...............  N/A.
                                                       breakthrough for
                                                       3 adsorber bed
                                                       change-outs.
    Outlet VOC concentration of   Limits in Table 1   Daily, except       N/A...............  Daily, weekly, or
     the first adsorber bed in     or 2 of this        monthly (if more                        monthly.
     series.                       subpart.            than 2 months bed
                                                       life remaining)
                                                       or weekly (if
                                                       more than 2 weeks
                                                       bed life
                                                       remaining).
Condenser:
    Temperature.................  Maximum outlet      Continuous........  Every 15 minutes..  3-hour block
                                   temperature.                                                average.
Sorbent injection monitoring:
    Sorbent injection rate......  Minimum injection   Continuous........  Every 15 minutes..  3-hour block
                                   rate.                                                       average.
    Sorbent injection carrier     Minimum carrier     Continuous........  Every 15 minutes..  3-hour block
     gas flow rate.                gas flow rate.                                              average.
    Downstream firebox            Minimum             Continuous........  Every 15 minutes..  3-hour block
     temperature.                  temperature.                                                average.

[[Page 29605]]

 
    Upstream particulate matter   Minimum             Continuous........  Every 15 minutes..  3-hour block
     control device downstream     temperature.                                                average.
     temperature.
Fabric Filter:
    Alarm time..................  Maximum alarm time  Continuous........  N/A...............  Maximum alarm time
                                   is not                                                      specified in Sec.
                                   established on a                                              63.11940(h)(1).
                                   site-specific
                                   basis but is
                                   specified in Sec.
                                     63.11940(h)(1).
----------------------------------------------------------------------------------------------------------------
                                                 Stripped Resin
----------------------------------------------------------------------------------------------------------------
Stripper:
    Steam to feed ratio \1\.....  Minimum steam to    Continuous........  Every 15 minutes..  Daily.
                                   feed ratio.
    Vacuum level................  Minimum vacuum....  Continuous........  Every 15 minutes..  Daily.
    Resin exit temperature......  Minimum             Continuous........  Every 15 minutes..  Daily.
                                   temperature.
    Resin inlet flow rate.......  Maximum flow rate.  Continuous........  Every 15 minutes..  Daily.
----------------------------------------------------------------------------------------------------------------
                                                   Wastewater
----------------------------------------------------------------------------------------------------------------
Stripper:
    Steam to feed ratio \1\.....  Minimum steam to    Continuous........  Every 15 minutes..  Daily.
                                   feed ratio.
    Bottoms exit temperature....  Minimum exit        Continuous........  Every 15 minutes..  Daily.
                                   temperature.
    Vacuum level................  Minimum vacuum      Continuous........  Every 15 minutes..  Daily.
                                   level.
    Wastewater inlet flow rate..  Maximum flow rate.  Continuous........  Every 15 minutes..  Daily
----------------------------------------------------------------------------------------------------------------
\1\ Steam to feed ratio is calculated based on the steam feed rate into the stripper and the wastewater flow
  rate into the stripper.


    Table 7 to Subpart HHHHHHH of Part 63--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                              Toxic
                 Dioxin/furan congener                     equivalency
                                                             factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorodibenzo-p-dioxin...................            1
1,2,3,7,8-pentachlorodibenzo-p-dioxin.................            1
1,2,3,4,7,8-hexachlorodibenzo-p-dioxin................            0.1
1,2,3,7,8,9-hexachlorodibenzo-p-dioxin................            0.1
1,2,3,6,7,8-hexachlorodibenzo-p-dioxin................            0.1
1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin.............            0.01
octachlorodibenzo-p-dioxin............................            0.0003
2,3,7,8-tetrachlorodibenzofuran.......................            0.1
2,3,4,7,8-pentachlorodibenzofuran.....................            0.3
1,2,3,7,8-pentachlorodibenzofuran.....................            0.03
1,2,3,4,7,8-hexachlorodibenzofuran....................            0.1
1,2,3,6,7,8-hexachlorodibenzofuran....................            0.1
1,2,3,7,8,9-hexachlorodibenzofuran....................            0.1
2,3,4,6,7,8-hexachlorodibenzofuran....................            0.1
1,2,3,4,6,7,8-heptachlorodibenzofuran.................            0.01
1,2,3,4,7,8,9-heptachlorodibenzofuran.................            0.01
octachlorodibenzofuran................................            0.0003
------------------------------------------------------------------------


     Table 8 to Subpart HHHHHHH of Part 63--Calibration and Accuracy
        Requirements for Continuous Parameter Monitoring Systems
------------------------------------------------------------------------
                                                    And your inspection/
                               Then your accuracy        calibration
     If you monitor this      requirements are . .        frequency
       parameter . . .                  .           requirements are . .
                                                              .
------------------------------------------------------------------------
Temperature (non-cryogenic    <plus-minus> 1        Every 12 months.
 temperature ranges).          percent of
                               temperature
                               measured or 2.8
                               degrees Celsius (5
                               degrees Fahrenheit)
                               whichever is
                               greater.
Temperature (cryogenic        <plus-minus> 2.5      Every 12 months.
 temperature ranges).          percent of
                               temperature
                               measured or 2.8
                               degrees Celsius (5
                               degrees Fahrenheit)
                               whichever is
                               greater.

[[Page 29606]]

 
Liquid flow rate............  <plus-minus> 2        Every 12 months.
                               percent of the       You must select a
                               normal range of       measurement
                               flow.                 location where
                                                     swirling flow or
                                                     abnormal velocity
                                                     distributions due
                                                     to upstream and
                                                     downstream
                                                     disturbances at the
                                                     point of
                                                     measurement do not
                                                     exist.
Gas flow rate...............  <plus-minus> 5        Every 12 months
                               percent of the flow  Check all mechanical
                               rate or 10 cubic      connections for
                               feet per minute,      leakage at least
                               whichever is          annually.
                               greater.             At least annually,
                                                     conduct a visual
                                                     inspection of all
                                                     components of the
                                                     flow CPMS for
                                                     physical and
                                                     operational
                                                     integrity and all
                                                     electrical
                                                     connections for
                                                     oxidation and
                                                     galvanic corrosion
                                                     if your flow CPMS
                                                     is not equipped
                                                     with a redundant
                                                     flow sensor.
pH or caustic strength......  <plus-minus> 0.2 pH   Every 8 hours of
                               units.                process operation
                                                     check the pH or
                                                     caustic strength
                                                     meter's calibration
                                                     on at least two
                                                     points.
Conductivity................  <plus-minus> 5        Every 12 months.
                               percent of normal
                               range.
Mass flow rate..............  <plus-minus> 5        Every 12 months.
                               percent of normal
                               range.
Pressure....................  <plus-minus> 5        Calibration is
                               percent or 0.12       required every 12
                               kilopascals (0.5      months.
                               inches of water      Check all mechanical
                               column) whichever     connections for
                               is greater.           leakage at least
                                                     annually. At least
                                                     annually perform a
                                                     visual inspection
                                                     of all components
                                                     for integrity,
                                                     oxidation and
                                                     galvanic corrosion
                                                     if CPMS is not
                                                     equipped with a
                                                     redundant pressure
                                                     sensor.
------------------------------------------------------------------------


    Table 9 to Subpart HHHHHHH of Part 63--Methods and Procedures for
             Conducting Performance Tests for Process Vents
------------------------------------------------------------------------
For each control device used
 to meet the emission limit
   in Table 1 or 2 to this       You must . . .          Using . . .
  subpart for the following
       pollutant . . .
------------------------------------------------------------------------
Total organic HAP...........  Measure the total     Method 25A at 40 CFR
                               hydrocarbon           part 60, appendix
                               concentration at      A. Conduct each
                               the outlet of the     test run for a
                               control device or     minimum of 1 hour.
                               in the stack.
Vinyl chloride..............  Measure the vinyl     Method 18 at 40 CFR
                               chloride              part 60, appendix A-
                               concentration at      6. Conduct each
                               the outlet of the     test run for a
                               control device or     minimum of 1 hour.
                               in the stack.
Hydrogen chloride...........  Measure hydrogen      Method 26 at 40 CFR
                               chloride              part 60, appendix A-
                               concentrations at     8, collect 60 dry
                               the outlet of the     standard liters of
                               control device or     gas per test run;
                               in the stack.         or
                                                    Method 26A at 40 CFR
                                                     part 60, appendix A-
                                                     8, collect 1 dry
                                                     standard cubic
                                                     meter of gas per
                                                     test run.
Dioxin/furan................  Measure dioxin/furan  Method 23 at 40 CFR
                               concentrations on a   part 60, appendix A-
                               toxic equivalency     7 and collect 5 dry
                               basis (and report     standard cubic
                               total mass per        meters of gas per
                               isomer) at the        test run.
                               outlet of the
                               control device or
                               in the stack.
Any pollutant from a          Select sampling port  Method 1 or 1A at 40
 continuous, batch, or         locations and the     CFR part 60,
 combination of continuous     number of traverse    appendix A-1.
 and batch process vent(s).    points.              Method 2, 2A, 2C,
                              Determine gas          2D, 2F, or 2G at 40
                               velocity and          CFR part 60,
                               volumetric flow       appendix A-1 and A-
                               rate.                 2.
                              Conduct gas           Method 3, 3A, or 3B
                               molecular weight      at 40 CFR part 60,
                               analysis and          appendix A-2 using
                               correct               the same sampling
                               concentrations the    site and time as
                               specified percent     HAP samples.
                               oxygen in Table 1
                               or 2 to this
                               subpart.
                              Measure gas moisture  Method 4 at 40 CFR
                               content.              part 60, appendix A-
                                                     3.
------------------------------------------------------------------------


[[Page 29607]]


  Table 10 to Subpart HHHHHHH of Part 63--Methods and Procedures for Conducting Performance Tests for Stripped
                                              Resin and Wastewater
----------------------------------------------------------------------------------------------------------------
                               For the following      Collect samples according to the
                                emission points           following schedule . . .
   For demonstrating . . .        and types of   -----------------------------------------  Using the following
                                processes . . .   Vinyl chloride .                           test methods . . .
                                                         . .           Total HAP . . .
----------------------------------------------------------------------------------------------------------------
                                           Each stripped resin stream
----------------------------------------------------------------------------------------------------------------
Initial compliance...........  Continuous.......  During a 24 hour  During a 24 hour       For vinyl chloride
                                                   period, every 8   period, 1 grab         Method 107; and
                                                   hours or for      sample every 8 hours  For total HAP, your
                                                   each grade,       or for each grade,     proposed method as
                                                   whichever is      whichever is more      specified in Sec.
                                                   more frequent.    frequent.              63.11960(d)(2),
                                                                                            incorporating Method
                                                                                            107 and Method
                                                                                            8260B.
                               Batch............  1 grab sample     1 grab sample for
                                                   for each batch    each batch produced
                                                   produced during   during a 24 hour
                                                   a 24 hour         period.
                                                   period.
Continuous compliance........  Continuous.......  On a daily        On a monthly basis, 1
                                                   basis, 1 grab     grab sample every 8
                                                   sample every 8    hours or for each
                                                   hours or for      grade, whichever is
                                                   each grade,       more frequent,
                                                   whichever is      during a 24 hour
                                                   more frequent.    period.
                               Batch............  On a daily        On a monthly basis, 1
                                                   basis, 1 grab     grab sample for each
                                                   sample for each   batch produced
                                                   batch produced    during a 24 hour
                                                   during a 24       period.
                                                   hour period.
----------------------------------------------------------------------------------------------------------------
                                             Each wastewater stream
----------------------------------------------------------------------------------------------------------------
Initial compliance...........  N/A..............  1 grab sample...  If you are not         If you are not
                                                                     required to use a      required to use a
                                                                     treatment process, 1   treatment process,
                                                                     grab sample; or.       for vinyl chloride
                                                                    If you are required     Method 107; and
                                                                     to use a treatment    For total HAP, your
                                                                     process, the           proposed method as
                                                                     sampling frequency     specified in Sec.
                                                                     specified in subpart   63.11980(a)(2),incor
                                                                     G of this part, as     porating Methods
                                                                     referenced in Sec.     107, 305, and 8260B.
                                                                     63.11965(c)(1)         For vinyl chloride,
                                                                     through (4).           Method 107; or
                                                                                           If you are required
                                                                                            to use a treatment
                                                                                            process, the test
                                                                                            methods specified in
                                                                                            subpart G of this
                                                                                            part, as referenced
                                                                                            in Sec.
                                                                                            63.11965(c)(1)
                                                                                            through (4).
Continuous compliance........  N/A..............  1 grab sample     If you are not
                                                   per month.        required to use a
                                                                     treatment process, 1
                                                                     grab sample per
                                                                     month; or.
                                                                    If you are required
                                                                     to use a treatment
                                                                     process, the
                                                                     sampling frequency
                                                                     specified in subpart
                                                                     G of this part, as
                                                                     referenced in Sec.
                                                                     63.11965(c)(1)
                                                                     through (4).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-9838 Filed 5-19-11; 8:45 am]
BILLING CODE 6560-50-P


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