***E.O. 12866 Review

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– Do Not Cite, Quote or Release Dur i ng Review*** **6560 -**  **50 -**  **P EO12866_PVC Production 2060**  **- AN33 Final_201**  **20206**
**ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63**  **[ EPA**  **- HQ**  **- OAR**  **- 2002**  **- 0037**  **; FRL**  **- ]** 
**RIN 2060**  **- AN33**  **National Emission Standards for Hazardous Air Pollutants for**  **Polyvinyl Chloride and Copolymers Production**
**AGENCY** : Environmental Protection Agency (EPA).
**ACTION** : Final rule.
**SUMMARY** : The EPA is promulgating National Emission Standards for Hazardous Air Pollutants f or Polyvinyl Chloride a nd Copolymers Production
. The final rules establish emission stan d ards that apply at all times, including pe riods of startup, shutdown and malfunction , for hazardous air pollutants from polyvinyl chloride and copolymers production located at major and area sources. The final rules include requirements to demonstrate initial and continuous compliance with the emission standards , includ ing monitoring provisions and recordkeeping and reporting requirements.
**DATES:** Th e final rule s are effective on **[IN SERT**  **THE DATE OF** 
**PUBLICATION OF THIS FINAL RULE**  **IN THE FEDERAL REGISTER]**
. The incorporation by reference of certain publications listed in the***E.O. 12866 Review

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**Page 2**  **of 511**  rule is approved by the Director of the Federal Register as of **[INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTE R]** 
. **ADDRESSES:** The EPA has established a docket for this action under Docket ID No. EPA

- HQ

- OAR

- 200 2

- 0 037 . All documents in the docket are listed on the http://www.regulations.gov website
. Although listed in the index, some information is not publicly available, e.g. , confidential business information or other information whose disclosure is restricted by statute
. Certain other material, such as copyrighted material, is not placed on the Int ernet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov

**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, No rth Carolina 27711; Telephone number: or in hard copy at the EPA's Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20004. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566

- 1744 and the telephone numbe r for the EPA Docket Center is (202) 566

- 1742.***E.O. 12866 Review

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**Page 3**  **of 511**  (919) 541

- 4607; Fax number: (919) 541

- 0246; email address: howard.jodi@epa.gov
**SUPPLEMENTARY INFORMATION:** .

Acronyms and Abbreviations

CAA Clean Air Act **.** The following acronyms and abbreviations are used in this document.

CDD/CDF chlorinated dibenzo

- dioxins and furans CDX Central Data Exchange CEDRI Compliance and Emissions Data Reporting Interface CEMS continuous emission monitoring system CPMS continuous parameter monitoring system dscm dry standard cubic meter EDC ethylene dichloride ERT E lectronic Reporting Tool f t 3 cubic feet GACT generally available control technologies or management practices HMW high molecular weight HAP hazardous air pollutants HCl hydrogen chloride HON Hazardous Organic NESHAP IC R information collection request K kurtosis LAER lowest achievable emission rate lbs/yr pounds per year LDAR leak detection and repair l/min liters per minute LMW low molecular weight LOQ limit of quantitation m 3 cubic meters MACT maximu m achievable control technology MON miscellaneous organic chemical manufacturing NESHAP NAICS North American Industry Classification System NESHAP n ational e mission standards for hazardous air p ollutants ng nanograms***E.O. 12866 Review

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**Page 4**  **of 511**  ng/dscm nanograms per dry standard cubic meter NTTAA National Technology Transfer and Advancement Act OHAP organic hazardous air pollutants OP Office of Policy POD point of determination POG point of generation ppbv parts per billion by volume ppbw parts per billion by weight ppm parts per million ppmv part s per million by volume ppmw parts per million by weight PQL practical quantitation limit PRD pressure relief device psia pounds per square inch absolute PTE potential to emit PVC polyvinyl chloride and copolymers PVCPU PVC production process unit RCRA Resource Conserv ation and Recovery Act RDL representative method detection limit RFA Regulatory Flexibility Act RI N Regulatory Information Number RL reporting limit S skewness SEK standard error of kurtosis SES standard error of skewness Strategy Integrat ed Urban Air Toxics Strategy TCEQ Texas Commission on Environmental Quality TEF toxic equivalency factor TEQ toxic equivalent THC total hydrocarbon tpy tons per year TTN Technology Transfer Network TNMHC total non

- methane hydrocarbon TOHAP total organic hazardous air pollutants UMRA Unfunded Mandates Reform Act UPL upper predicti ve limit VACO vinyl acetate copolymer VCM vinyl chloride monomer VOC volatile organic compound WWW World W ide Web***E.O. 12866 Review

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**Page 5**  **of 511** 

**EXECUTIVE SUMMARY**

The EPA is promulgating final rules that establish air

e mission limits and work practice s tandards for polyvinyl chloride and copolymers (PVC) production facilities at both major and area sources
. Section 112 of t he Clean Air Act require s EPA to regulate hazardous air pollutants (HAP) , also known as air toxics, from large industrial facilities
. Section 112 generally provides for EPA to set maximum achievable control technology ( MACT ) standards for major sources and generally available control technology ( GACT ) standards for area sources. A major source facility is one that emits or has the potential to emit 10 or more tons per year (tpy) of any single air toxic, or 25 tpy or more of any combination of air toxics. An area source facility is one that emits less than 10 tpy of any single air toxic, and less than 25 tpy of any combination of air toxics. A PVC production facility can be a major or area source of air toxics and includes the manufacture of PVC resins that are used at other m anufacturing facilities to make any of a large number of commercial and industrial products (e.g., latex paints, coatings, adhesives, clear plastics, rigid plastics, and flooring )
. Purpose of th is Regulatory Action Comment [A1]: As indicated in a previous call, this section is not required for this rule; if the section remains, please consider the suggested edits below.

Comment [A2]: Please stick to the statutory phrase, “hazardous air pollutant,” rather substituting “air toxic.”***E.O. 12866 Review

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**Page 6**  **of 511**  The EPA is setting MACT emission limits and work practice standards for PVC major sources and GACT emissions limits and work practice standards for PVC area sources. Th e rule s also require testing, parametric monitoring, recordkeeping and reporting to ensure compliance with the emission standards. The final rule s replace the previous MACT standards rule for PVC major source s that EPA issued in July 2002. That rule was vacated by a 2004 decision of the District of Columbia Circuit Court of Appeals . The final rule s also amend the existing air GACT standards rule for PVC area source s that EPA issued in 2007. In addition, the final rules supercede the provisions of the Part 61 NESHAP issued by EPA in 1976, as applicable to PVC facilities at major and area sources.

In general, t he final rules require m ajor and area source facilities that produce PVC to comply with EPA's technology

based MACT and GACT standards, thereby reduc ing harmful toxic air emissions , improving air quality , and contributing to the protecti o n of public health in communities wher e th ese facilities are located. Emission sources addressed in the rule s include PVC process vents, stripped resin, equipment leaks, wastewater, heat exchange systems , and storage vessels. PVC production does not include chemical manufacturing process units Summary of Major Provisions***E.O. 12866 Review

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**Page 7**  **of 511**  tha t produce vinyl chloride monomer, or other raw materials used in the PVC polymerization process. The final rule s include air emission limits and work practice standards that regulate and control all HAP emitted at PVC major sources . For process vents at PVC major sources , we regulate all HAP emitted with standards for vinyl chloride, chlorinated dibenzo

- dioxins and furans (CDD/CDF), total hydrocarbons (THC) as a surrogate for organic HAP , and hydrochloric acid (HCl) as a surrogate for all acid gas HAP (HCl and chlorine)
. For process vents at PVC area sources, we set standards for vinyl chloride , CDD/CDF, and THC. For stripped resin and process wastewater at PVC major and area sources , we regulate all HAP emitted with standards for vinyl chloride and

no n - vinyl chloride organic HAP. For equipment leaks and heat exchange systems, we establish leak detection and repair requirements based on volatile organic compounds (VOC). For heat exchangers, the standards are aimed at controlling leaks of HAP into the c ooling water that are later emitted downstream
. In the case of equipment leaks the standards are aimed at controlling leaks of HAP from equipment components (e.g., valves) using a hand

- held organic vapor analyzer
. Once leaks are detected, the standards req uire prompt repair.***E.O. 12866 Review

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**Page 8**  **of 511**  For storage vessels, we establish equipment specifications and work practices to control emissions of all HAP. We also require work practices to control HAP emissions from gasholder water seals , by requiring the installation and mainte nance of floating objects. HAP emissions from maintenance wastewater , are controlled through work practices that require management of wastewater generated from the emptying and purging of equipment in the process. We are also requiring that emissions from the opening of reactors and other process components be minimized by reducing the volume of vinyl chlorid e prior to opening. Controlling vinyl chloride emissions will also control all other
HAP.
Our review of emissions and sampling data that were received from the PVC CAA section 114 testing and the additional data received after the proposal have resulted in final emission limits that are generally much more stringent than those in the previous rules applicable to PVC production sources
. The compliance date s for the major and area source rule s are three years from promulgation of the final rule s for existing sources and upon start

- up for new sources.

The final rules affect 15 major source and two area source PVC p roduction facilities owned by eight companies. None of Costs and Benefits***E.O. 12866 Review

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**Page 9**  **of 511**  these companies are small businesses. For major sources, EPA estimates an overall total capital investment of $18 million to meet the rule requirements, with associated annual costs of $4 million per y ear . For area sources, EPA estimates an overall total capital investment of $ 48 6 ,000 to meet the rule requirements, with associated annual costs of $167 ,000 per year
. The annual actual emission reductions of the final major

sour ce rule are estimated to be 238 tons of total air toxics
. The annual actual and allowable emission reductions of the final area source rule are 24 tons of total air toxics. Exposure to toxic air pollutants can cause respiratory problems and other serious health issues, and can inc rease the risk of developing cancer. In particular, children are known to be more sensitive to the cancer risks posed by inhaling vinyl chloride, one of the known carcinogens em itted by this source category.

Organization of This Document

**I. General Information** . The following outline is provided to aid in locating information in this preamble.
A. Does this action apply to me? B. Where can I get a copy of this document? C. Judicial Review **II. Background Information for**  **t his Final Rule**  A. What is the statutory authority for the final PVC rule s ? B. 2004 Vacatur and EPA’s Response **III. Summary of Significant Changes Since Proposal**  A. Applicability Comment [A3]: Again, pleas e use HAP, rather than air toxics.

Comment [A4]: Please remove, as not needed for this section.***E.O. 12866 Review

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**Page 10**  **of 511** 
B . Subcategories C . Emission Standards D . Initial and Continuous Compliance, and Recordkeeping and R eporting E . Area Source R equirements F . New and Revised D efinitions
**IV. Summary of**  **the Final Rules** A. What is the affected s ource? B . When must I comply with the major and area source standards ? C . What is the relationship between the final rule for major sources and the existing 40 CFR part 61 standards ? D. Are there subcategories for major sources? E . What emission standards must I meet for major sources? F. What are the initial and continuous compliance requirements for major sources ? G. What are the performance testing requirements for batch process operations at major sources ? H. What are the notification, recordkeeping and reporting r equirements at major sources ? I . What are the requirements for area sources? J . What are the electronic data submittal requirements?
**V. Significant Public Comments and Rationale for Changes to the**  **Proposed Rule** A. Affected Source B . Overlapping R ules C . Pollutants R egulated D . Subcategories E . MACT Floor C alculation F . Emission Source R equire ments G . In itial and Continuous Compliance and R ecordkeeping and R eporting H . Area S ources I . Definitions J . Cost and Emission I mpacts K . Economic I mpacts L . Affirmative D efense
**V I**  **. Impacts of the Final**  **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 final standards?***E.O. 12866 Review

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**Page 11**  **of 511** 
**VI I**  **. Statutory and Executive Order Reviews** A. Executive Order 12866: Regulatory Planning and Revie w and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act (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, Dist ribution, 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 K. Congressional Review Act **I. General Information**

Th e final rule s establish national emission standards for hazardous air pollutants (NES HAP) for polyvinyl chloride and copolymer (P VC ) p roduction . The regulated categories and entities potentially affected by these standard s include the following: A. Does this action apply to me?

**Category NAICS**  **a C**  **ode Examples of P**  **otentially Regulated E**  **ntities** Polyvinyl chloride resins manufacturing 325211 Facilities that p olymerize vinyl chloride m onomer to produce polyvinyl chloride and/or copolymers products.
a North American Industry Classification System.***E.O. 12866 Review

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**Page 12**  **of 511**  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, organizati on, etc., is affected by this action, you should examine the applicability criteria in 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, subpar t DDDDDD ( National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources )
. A p olyvinyl chloride and copolymer production facility is not subject to either subpart if it is a research and development facility, as defined in s ection 112(c)(7) of the Clean Air Act (CAA). If you have any questions regarding the applicability of this final action to a particular entity, contact the person listed in the preceding **FOR FURTHER**
**INFORMATION CONTACT** section.

In addition to being available in the docket, an electronic copy of this action will also be available on the World Wide Web (WWW) through the Technology Transfer Network (TTN). Following signature, a copy of the fi nal action will be posted on the TTN’s policy and guidance page for newly proposed or promulgated B. Where can I get a copy of this document?***E.O. 12866 Review

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**Page 13**  **of 511**  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.

Under CAA section 307(b)(1), judicial review of this final rule is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by **[INSERT DATE 60 DAYS FROM DATE OF**  **PUBLICATION OF THIS** 
**FINAL RULE IN THE FEDERAL REGISTER]** 
. Under CAA s ection 307(d)(7)(B ), o nly an objection to this final rule that was raised with reasonable specificity during the period for public
comment (including any public hearing) can be raised during judicial review. This section also provides a mechanism for the EPA to convene a proceeding for reconsideration, “[i]f the person raising an objection can demonstrate to EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of this rule.” Any person seeking to make such a demonstration to the EPA should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, Ariel Rios Building, C. Judicial Review***E.O. 12866 Review

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**Page 14**  **of 511**  120 0 Pennsylvania Ave., NW, Washington, DC 20 460 , with a copy to the contact listed in the preceding **FOR FURTHER INFORMATION**
**CONTACT** section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel for the Air and Rad iation Law Office (Mail Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20 460
. Note, u nder CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or crim inal proceedings brought by the EPA to enforce these requirements. **II. Background Information for t**  **his Final Rule**

Section 112(d) of the CAA requires the EPA to establish NESHAP for source categori es 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. A. What is the statutory authority for the final PVC rule s ?

Section 112(d) of the CAA requires the EPA to set emissions standards for HAP emitted by major stationary sources , based on performance of the maximum achievable control technology (MACT)
.***E.O. 12866 Review

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**Page 15**  **of 511**  The MACT standar ds 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 t he 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)). The EPA also must consider more stringent “beyond

- the

- floor” control options. When considering beyond

- th e - floor options, the 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. Under CAA section 112(d)(5), the EPA can promu lgate standards or requirements for area sources "which provide for the use of generally available control technologies or management practices [GACT] 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:***E.O. 12866 Review

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**Page 16**  **of 511**  . . . methods, practices and techniques which are commercially available and appropriate for application by the sources in the category con sidering 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 determ ine 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 a vailable control technologies and management practices on that category.***E.O. 12866 Review

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**Page 17**  **of 511**  Under CAA section 112(d)(6), we are required to “review , and revise as necessary (taking into account developments i n practices, processes , and control technologies), emission standar ds promulgated under this section no less often than every 8 years .”

On July 10, 2002, the EPA promulgated NESHAP for new and existing PVC production facilities that are located at major sources in 40 CFR part 63, subpa rt J (67 FR 45886, July 10, 2002) (referred to as the “part 63 NESHAP”). In that rulemaking, the 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 applicat ion of MACT; thus, satisfying CAA section 112(d), with the exception of adding requirements for equipment leaks at new sources. In the part 63 NESHAP, the EPA regulated vinyl chloride emissions as a surrogate for all HAP emitted from PVC production. For eq uipment 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. B. 2004 V acatur and EPA’s Response

In Mossville Environmental Action Now v. EPA , 370 F.3d 1232 (D.C. Cir. 2004), t he petitioners argued that the EPA failed to set emission standards for all HAP emitted by PVC plants. The***E.O. 12866 Review

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**Page 18**  **of 511**  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 pla nts. The Court ruled that the 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 a gency for it to reconsider or properly explain it s methodology for regulating [HAP] emitted in PVC production other than vinyl chloride by use of a surrogate.” 370 F.3d at 1243. This rule promulgates NESHAP for PVC production at major so urces in response to the remand and in accordance with section 112 o f the CAA. On January 23, 2007 (72 FR 2930), the EPA promulgated NESHAP for new and existing PVC production area sources in 40 CFR part 63, subpart DDDDDD. Subpart DDDDDD was based on GACT and require d area sources to meet the requirements in the existing part 61 NESHAP. The part 61 NESHAP requirements address only vinyl chloride emissions. In this rulemaking, we are fulfilling our obligation under CAA section 112(d)(6) to review and revise, as necessary, the PVC production area source standards. We coordin at ed our 112(d)(6) review of the area source standards with the development of major source MACT standards in response to the Court remand
. **III. Summary of Significant Changes Since Proposal** ***E.O. 12866 Review

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**Page 19**  **of 511**  The EPA received over 39 public comment letters on the proposed rulemaking. Furthermore, we conducted two public hearing s to allow the public to comment on the proposed rulemaking. After consideration of public comments and new data received , the EPA is making several changes to the standards
. Followin g are the major changes to the standards since the proposal. The rationale for these and other significant changes can be found in S ection V of this preamble or in the National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copo lymers Production: Summary of Public Comments and Responses , in the PVC docket (EPA

- HQ

- OAR

- 200 2

- 0037 ).

The definition of affected source was changed to clarify the requirements for existing and new affected sources. In the proposed rule, a n affected source was defined as each individual
PVC production process unit (PVCPU) and a new affected source

was a PVCPU for which construction commenced on or after May 20, 2011 , at a major or area source
. A PVCPU was defined to include all equipment connected by shared piping, including equipment typically shared by multiple PVCPUs , such as heat exchangers and wastewater treatment systems. A. Applicability

In the final rule, the existing affected source is the facility

- wide collection of all PVCPUs, storage vessels, surge***E.O. 12866 Review

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**Page 20**  **of 511**  control vessels, heat exchange systems, wastewater, and process wastewater treatment systems that are associated with producing PVC. A new affected source is defined as follows :

• All PVCPUs, storage vessels, surge control v essels, heat exchange systems, wastewater, and process wastewater treatment systems that are associated with producing PVC and are constructed at a greenfield facility after May 20, 2011 ; or that are located at an existing facility that did not previously produce PVC prior to the rule proposal but has undergone process changes to start producing PVC.

• A reconstructed affected source
. As an example, if an existing PVC plant adds a new PVCPU, the new PVCPU and the associated emission control devices and

wa stewater treatment processes would be subject to the existing source NESHAP limits , unless it qualifies as a reconstructed

source . A newly constructed PVCPU would be subject to the new source requirements in the final rule s only if it was constructed at a greenfield site or at a site that had not previously produced PVC prior to the date of proposal of this rule (May 20, 2011) or if it qualifies as a reconstructed

source . B . Subcategories***E.O. 12866 Review

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**Page 21**  **of 511**  At proposal, we did not subcategorize process vents. In the final ru le, we have established two subcategories for process

ven ts: PVC

- only and PVC

- combined. PVC

- only process vents comprise process vent streams that originate solely from a
PVCPU. PVC

- combined process vents comprise process vent streams that originate from a PVCPU and that are combined or are co

controlled with process vent streams that originate from other source categories such as ethylene dichloride (EDC) or vinyl chloride monomer (VCM) production processes. The change to subcategories was based on o u r review of comments, further review of the originally submitted test data, and our review of additional data submitted by industry after proposal. We determined that there are significant differences between the emission profiles of process vents that ori ginate solely from a PVCPU and the emission profiles of process vents that originate from a PVCPU and are combined with process vents from other source categories prior to control. Further discussion of the differences between PVC

- only and PVC

- combined pro cess vent streams is provided in Section V.D of this preamble, and data showing the differences is provided in the memorandum, Revised Maximum Achievable Control Technology ( MACT ) Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production So urce Category , which is available in the docket.***E.O. 12866 Review

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**Page 22**  **of 511**  A facility subject to the PVC

- combined limits that no longer combines vent streams from other source categories, or a facility that is subject to the PVC

- only limits that subsequently combines vent stream s from other source categories, is subject to the process change requirements in 40 CFR 63.11896 of the final rule. Routine and maintenance shutdowns that cause temporary cessation of the vent stream flow from other source categories are not subject to the process change requirements. At proposal, we subcategorized stripped resin s into three subcategories: (1) bulk resin, (2) dispersion resin , and (3) all other resin. For the final rule, we subcategorized stripped resin s into five subcategories: (1) suspension resin, (2) dispersion resin, (3) suspension blending resin, (4) bulk resin and (5) copolymer resin. The change to subcategories was made based on our review of comments and additional data submitted by the industry (see S ection V .D of this preamble for more discussion of our response to these and other public comments) after proposal . We determined that there are significant differences in the concentrations of vinyl chloride and organic
HAP that remain in the various type s of resin following stripping due to differing process equipment and raw materials that are used to produce the varying types of re sin s , such that further subcategorization of stripped resin was warranted
.***E.O. 12866 Review

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**Page 23**  **of 511** 

In the final rule, we revis ed the emission limits based on additional data received and the additional subcategories for process vents and stripped resin s . T he emission limit changes

are discussed in S ection V.E.2 of this preamble and documented in the technical memorandum, Revised Maximum Achievable Control Technology ( MACT ) Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category , which is available in the docket. We also made revisions to the requirements for process wastewater, heat exchange systems, equipment leaks, and other emission sources as discussed below. C
. Emission Standards

W e considered all the data regarding the PVC source category available to the agency in establishing the emission limits presented in Tables 1 through 8 below for process vents, strip ped resins, and process wastewater . In reviewing those data, we found that the HAP emitted from the PVC source category are organic HAP (including vinyl chloride and CDD/CDF) and HCl. We did not identify in the data any inorganic HAP, metal HAP , or
any aci d gases other than HCl and chlorine
. In set ting limits for all HAP emitted at PVC major sources , we established THC limit s as a surrogate for organic HAP from process vents, along with limits for HCl as a surrogate for all acid gas HAP , vinyl chloride, and CDD/CDF. Although vinyl chloride and CDD/CDF are***E.O. 12866 Review

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**Page 24**  **of 511**  organic HAP, we established separate limits for these pollutants. Vinyl chloride is the most prevalent HAP in the PVC source category, is an urban HAP, and is already regulated at PVC facilities under th e Part 61 NESHAP. However, we are not setting vinyl chloride limits as a surrogate for other HAP. The CDD/CDF emissions are generated from combustion control of organic HAP from process vents (as is HCl), and CDD/CDF are emitted at levels that are orders o f magnitude lower than other organic HAP, thus requiring a separate test method to be detected and measured.
W e identified in the data for stripped resins and process
wastewater only organic HAP (including vinyl chloride). F or these emission sources, we a re establishing total non

- vinyl chloride organic HAP limit s . We did not establish a THC limit for stripped resins and process wastewater because the data were derived from liquid samples (as opposed to gaseous samples for process vents) , and no test method is available for testing THC in liquid samples
. For heat exchange systems and equipment leaks, we are setting requirements for leak detection and repair. For heat exchange systems , we are setting a total strippable VOC leak action level and an alternative vinyl chloride leak action level because if either of these pollutants is detected in the cooling Comment [A5]: Rather than saying prevalent, which isn’t quite right in this context, suggest using the percentage of total HAP from this category that is typically VC.***E.O. 12866 Review

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**Page 25**  **of 511** 
water or in the stripping gas , then repair of the leak will be required and will control all HAP. For equipment leaks, we are setting only a VO C leak action level because the only currently EPA approved leak detection method is Method 21, which measures VOC. L ike heat exchange systems, if the VOC leak is detected, then repair of the leak will be required and result in control of all HAP. (See pre amble section V.C for further discussion regarding the pollutants regulated.)

In the proposed and final rule, we calculated the MACT floor emission levels for process vents accounting for variability using a 99

- percent Upper Predictive Li mit (UPL) calculation. In the final rule, we used a 99

- percent UPL calculation, but we changed the value for the number of samples used in the compliance average (the m value ) in the UPL calculation for THC to 3 instead of 30 to reflect the actual number o f THC test runs that will comprise the compliance
average. 1. Process vents

Tables 1 and 2 of this preamble present the final process vent emission limits for existing sources and new sources, respectively , compared to the proposed limits
. **Table 1**  **. Comparison of Proposed**  **and Final Emission Limits for**  **Process Vents at Existing Major**  **Sources Pollutant**  **Emission Limits a** ***E.O. 12866 Review

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**Page 26**  **of 511** 
**Proposed Final:**  **PVC -**  **Only Final:**  **PVC -**  **Combined** Vinyl c hloride 0.32 ppmv 6.0 ppmv 1.1 ppmv Hydrogen c hloride 150 ppmv 78 ppmv 380 ppmv Total hydrocarbons (THC) 2.0 ppmv as propane 9.7 ppmv as propane c 4.2 ppmv as propane Total o rganic HAP 12 ppmv b 56 ppmv 9.8 ppmv Dioxin/ f urans (TEQ) 0.023 ng/dscm 0.038 ng/dscm 0.051 ng/dscm
a ppmv = parts per million by volume dry at 3

- percent oxygen (O 2 ).

ng/dscm = nanograms per dry standard cubic meter at 3

- percent O 2. b T otal organic HAP is alternative compliance limit for THC
. c Proposed THC compliance limit. **Table 2**  **. Comparison of Proposed and Final**  **Emission Limits for Process Vents at New**  **Major Sources** 
**Pollutant Emission Limits**  **Proposed a**  **Final: PVC**  **- Only**  **Final: PVC**  **- Combined**  Vinyl c hloride 3.2 ppbv 0.56 ppmv 0.56 ppmv Hydrogen c hloride 0.17 ppmv 0.17 ppmv 1.4 ppmv Total hydrocarbons (THC) 2.0 ppmv as propane 7.0 ppmv as propane c 2.3 ppmv as propane Total o rganic HAP 0.22 ppmv b 5.5 ppmv 5.5 ppmv Dioxin/ f urans (TEQ) 0.0087 ng/dscm 0.038 ng/dscm 0.034 ng/dscm
a 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 . b T otal organic HAP is alternative compliance limit for THC
. c Proposed THC compliance limit.

2. Equipment leaks In the proposed rule, we required reciprocating pumps, reciprocating and rotating compressors and agitators to be equipped with double seals o r the equivalent. In the final rule,

we are also allowing affected sources to comply with the requirements for reciprocating pumps, reciprocating and rotating compressors and agitators by complying with the requirements for 40 CFR part 63, subpart UU. If d ouble mechanical seals, or the equivalent, are not used, 40 CFR part 63 , subpart UU requires***E.O. 12866 Review

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**Page 27**  **of 511**  pumps to be monitor ed monthly at a leak definition of 1,000 ppm ; agitators must be monitored monthly at a leak definition of 10,000 ppm, and compressors must either be leakless ( i.e. , operating with an instrument reading of less than 500 ppm above background) or be equipped with a system to capture and transport leaks through a closed vent system to a control device.

In the proposed rule, we calculated concentration values for HAP in the dispersion resin subcategory using the reported

mass - based values ( for HAP present in the resin ) and the dispersion resin production for each facility
. The concentration values were then used to calculate the MACT floor emission limits for dispersion resin. For the final rule, we used the original vinyl chloride and other organic HAP concentration values, as measured and analyzed, as the basis for setting the MACT floors. This change is consistent with how we set the MACT floors for the other resin subcategories and provides a more accurate basis for setting concentration

- based limits. 3. Stripped Resin

At proposal, vinyl chloride and total HAP limits for stripped resin s were calculated using a 99

- percent UPL calculation based o n 30 days of vinyl chloride and other HAP data from all facilities that conducted resin sampling and***E.O. 12866 Review

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**Page 28**  **of 511**  analysis as part of our August 21 , 2009 , CAA section 114 survey and testing request for the PVC industry
. T he vinyl chloride stripped resin limits were calculated using data obtained from resin sampling using EPA SW

- 846 Method 8260B. For the final rule, vinyl chloride limits for stripped resins were calculated based on 4 years of vinyl chloride compliance data , submitted by the PVC industry after proposa l , that were obtained by resin sampling using EPA Method 107
. This revision was made because EPA Method 107 is a better measure than EPA SW

- 846 Method 8260B of the concentration of vinyl chloride in PVC resin , as explained further in S ection V.E of this pr eamble
. Furthermore, b ecause of the significantly larger dataset of vinyl chloride concentration s measured using EPA Method 107, variability was more appropriately calculated for the final stripped resin vinyl chloride limits by using a percentile instead of a UPL calculation
. We evaluated the data using both the 99 th percentile and the 99.9 th percentile and determined that the 99.9 th percentile (and not the 99 th percentile) more accurately accounts for the variability in the data set. In the proposed rule, the total HAP limits for the stripped resin subcategories included the contribution from vinyl chloride. In the final rule, vinyl chloride concentrations were***E.O. 12866 Review

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**Page 29**  **of 511**  removed from the total organic HAP limit calculations, resulting in total n on - vinyl chloride organic HAP limits for all subcategories of stripped resin. This change was made because we have established separate limits for vinyl chloride in stripped resin and we are requiring compliance with those limits using EPA Method 107. The total non

- vinyl chloride organic HAP limits are based on concentration data for all measured organic HAP, excluding vinyl chloride, collected using EPA SW

- 846 Methods 8015C, 8260B, 8270D, and 8315A. Additional discussion is provided in Section V.D of this preamble and in the memorandum, Revised Maximum Achievable Control Technology ( MACT ) Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category , which is available in the docket. At proposal, variability in the total HAP lim its was assessed using a 99

- percent UPL calculation where the m value

was set at 30 to represent 30 single daily total HAP values. For the final rule, variability was assessed in the total non

- vinyl chloride organic HAP limits using the 99

- percent UPL calculation and an m value of 1 to represent monthly compliance , as explained further in S ection V of this preamble
. For the final rule, we excluded information from several facilities from the MACT floor analysis due to the use of inconsistent test methods, inaccurate or questionable method***E.O. 12866 Review

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**Page 30**  **of 511**  detection levels (MDL) , or lack of documentation on the sampling and analysis results
. The changes made to the MACT floor calculations are discussed in S ection V.E .2 of this preamble
. Table s 3 t hrough 7 of this preamble present the proposed and final stripped resin emission limits for bulk resin , dispersion resin , suspension resin , suspension blending resin and copolymer resin , respectively, at existing and new sources
. **Table 3**  **. Comparison of Proposed and Final**  **Emission Limits for Bulk Resin at Existing**  **and New Major**  **Sources**

**Source Pollutant**  **Bulk Resin Proposed**  **Emission**

**Limits (ppmw)**  **Final Emission** 

**Limits (ppmw)**  **a** Existing **a** Vinyl Chloride 7.1 7.1 Total Non

- Vinyl Chloride Organic HAP 170 170
New Vinyl Chloride 7.1 7.1 Total Non

- Vinyl Chloride Organic HAP 170 170

a At proposal, the total organic HAP limit included vinyl chloride. The final total non - vinyl chloride organic HAP limit excludes vinyl chloride
. NA

– not applicable. **Table 4**  **. Comparison of Proposed and Final**  **Emission Limits for Dispersion Stripped Resin at**  **Existing and New**  **Major Sources** 

**Source Pollutant**  **Dispersion Resin Proposed**  **Emission**

**Limits (ppmw)**  **Final Emission** 

**Limits (ppmw)**  **a** Existing **a** Vinyl Chloride 55 1300 Total Non

- Vinyl Chloride Organic HAP 110 240

New Vinyl Chloride 41 480 Total Non

- Vinyl Chloride Organic HAP 58 66

a At proposal, the total organic HAP limit included vinyl chloride. The final total non - vinyl chloride organic HAP limit excludes vinyl chloride
. NA

– not applicable.***E.O. 12866 Review

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**Page 31**  **of 511** 

**Table 5**  **. Comparison of Proposed and Final**  **Emission Limits for Suspension Stripped Resin at**  **Existing and New**  **Major Sources** 

**Source Pollutant**  **Suspension Resin Proposed**  **Emission**

**Limits (ppmw)**  **Final Emission** 

**Limits (ppmw)**  **a,b** Existing **a,b** Vinyl Chloride 0.48 37 Total Non

- Vinyl Chloride Organic HAP 76 670

New Vinyl Chloride 0.20 7.3 Total Non

- Vinyl Chloride Organic HAP 42 15

a

b At proposal, the total organic HAP limit included vinyl chloride. The final total non - vinyl chloride organic HAP limit excludes vinyl chloride
.

At proposal, suspension resin was included in the “all other resins” subcategory.

NA

– not applicable. **Table 6**  **. Emission Limits for Suspension Blending Stripped Resin**  **at Existing and New Major**  **Sources**

**Source Pollutant**  **Suspension Blending Resin Proposed**  **Emission**

**Limits (ppmw)**  **Final Emission** 

**Limits (ppmw)**  **a,b** Existing **a,b** Vinyl Chloride 0.48 140 Total Non

- Vinyl Chloride Organic HAP 76 500

New Vinyl Chloride 0.20 140 Total Non

- Vinyl Chloride Organic HAP 42 500

a

b At proposal, the total organic HAP limit included vinyl chloride. The final total non - vinyl chloride organic HAP limit excludes vinyl chloride
.

At proposal, suspension blending resin was included in the “all other resins” subcategory.

NA

– not applicable. **Table 7**  **. Comparison of Proposed and Final**  **Emission Limits for Copolymer**  **Stripped Resin at Existing and New**  **Major Sources** 

**Source Pollutant**  **Copolymer Resin Proposed**  **Emission**

**Limits (ppmw)**  **Final Emission** 

**Limits (ppmw)**  **a,b** Existing **a,b** Vinyl Chloride 0.48 790***E.O. 12866 Review

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**Page 32**  **of 511** 

**Source Pollutant**  **Copolymer Resin Proposed**  **Emission**

**Limits (ppmw)**  **Final Emission** 

**Limits (ppmw)**  **a,b** Total Non

- Vinyl Chloride Organic HAP **a,b** 76 1,900

New Vinyl Chloride 0.20 790 Total Non

- Vinyl Chloride Organic HAP 42 1,900

a

b At proposal, the total organic HAP limit included vinyl chloride. The final total non - vinyl chloride organic HAP limit excludes vinyl chloride
.

At proposal, copolymer resins were included in the “all other resins” subcategory.

NA

– not applicable.

In the proposed rule, the wastewater limits applied to both process wastewater and maintenance wastewater. The final rule contains vinyl chloride and total non

- vinyl chloride organic HAP limits for process wastewater , and requires compliance wit h the National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry ( HON) maintenance wastewater provisions for maintenance wastewater at affected sources. For the proposed rule, the wastewater vinyl chloride concentration limits were calculated using a 99

- percent UPL calculation with an m value of 1 to represent monthly compliance . The limits were calculated based on data reported in
survey responses from companies responding to our August 2 1 , 2009 , CAA section 114
. For the final rule, we recalculated the monthly vinyl chloride concentration limits for process 4. Wastewater***E.O. 12866 Review

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**Page 33**  **of 511**  wastewater using a 99

- percent UPL calculation, as described above, but the limits were calculated based on one year of daily sampling dat a provided by the industry after proposal
. In t he proposed rule , total HAP emission limits were based on a beyond

- the

- floor option of complying with the HON flow rate and concentration limits for wastewater
. The proposed total HAP limits also included viny l chloride. For the final rule, we calculated a total non

- vinyl chloride organic HAP emission limit for process wastewater instead of a total HAP limit, with compliance demonstrated on a monthly basis. The total non

- vinyl chloride organic HAP limits for pr ocess wastewater are based on information and data provided by industry in response to the August 21 , 2009 CAA section 114 survey , corrections to those data provided by the PVC industry during the public comment period, and supplemental resin sampling data provided during the public comment period by one PVC manufacturer
. Table 8 of this preamble presents the proposed and final emission limits for process wastewater at existing and new

sources. **Table 8. Comparison of Proposed and Final**  **Emission Limits for Process Wastewater**  **at Existing and New Sources** 

**Source Pollutant**  **Proposed Emission Limits (ppmw)**  **Final Emission** 

**Limits (ppmw)**  Existing Vinyl Chloride Less than 10 ppmw for streams that do not require treatment, or 0.11 6.8***E.O. 12866 Review

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**Page 34**  **of 511**  ppmw for streams that require treatment a
Total Non

Vinyl Chloride Organic HAP Less than 1 , 000 ppmw or less than 10 liters per minute annual average flow rate for streams that

do not require treatment, or the

provisions of 40 CFR part 63 , subpart G for streams that require treatment b 110

New Vinyl Chloride Less than 10 ppmw for streams that do not require treatment, or 0.0060 ppmw for streams that require treatment a 0.28

Total Non

Vinyl Chloride Organic HAP Less than 1 , 000 ppmw or less than 10 liters per minute annual average flow rate for streams that

do not require treatment, or the

provisions of 40 CFR part 63 , subpart G for streams that require treatment b 0.018

a At proposal, if a wastewater stream contained a vinyl chloride concentration greater than 10 ppmw at the point of generation, then treatment was required. b At proposal, if a wastewater stream contained a HAP concentration (based on HAP listed in Table 9 to part 63 subpart G) less than 1,000 ppmw or an annual average flow rate less than 10 liters per minute, then treatment was not required.

We proposed that affected sources would have the option of using the Modified El Paso Method or Method 8021B to monitor for leaks of volatile organic compounds (VOC) in their heat exchange system cooling water. For new affected sources, we proposed a total strippable VOC leak action level of 2.3 parts per million by volume ( ppmv ) (as methane) in the stripping gas or 30 parts per billion by weight ( ppbw ) in the cooling water, with monitoring every 12 hours. For existing affected sources, we proposed a total strippable VOC leak action level of 2.9 ppmv 5
. Heat Exchange Systems***E.O. 12866 Review

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**Page 35**  **of 511**  (as methane) in the stripping gas or 38 ppbw in the cooling water, with monthly monitoring. Our proposed delay of repair action levels for new and existing sources were a total strippable VOC leak action level o f 29 ppmv (as methane) in the stripping gas or 380 ppbw in the cooling water. In the final rule, we are requiring monthly cooling water monitoring for either total strippable VOC or for vinyl chloride . Total strippable VOC monitoring must be done using eit her the Modified El Paso Method or EPA Method 624, and vinyl chloride monitoring must be done using EPA Method 107, as it is the established method for the PVC industry to analyze vinyl chloride concentrations in water samples . The leak action level s for n ew and existing sources are the same in the final rule. Furthermore, the leak action levels and delay of repair action levels are the same whether facilities monitor for strippable
VOC or for vinyl chloride in the cooling water and are 50 ppbw and 5 00 ppbw , respectively
. For total strippable VOC monitoring using the Modified El Paso Method, the leak action level is 3.9
ppmv in the stripping gas and the delay of repair action level is 39 pp mv. Table 9 of this preamble presents the proposed and final standards for heat exchange systems at existing and new

sources. **Table 9**  **. Comparison of Proposed and Final Standards**  **for Heat**  **Exchange Systems at Existing and New Sources** ***E.O. 12866 Review

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**Page 36**  **of 511** 

**Source Pollutant**  **Proposed Leak**  **Action Level**  **Proposed Monitoring**  **Frequency Final**  **Leak Action**  **Level Final**  **Monitoring Frequency** 

Existing Total strippable VOC 38 ppbw in cooling water or 2.9 ppmv in stripping gas Monthly 50 ppbw in cooling water or 3.9 ppmv in stripping gas Monthly

Vinyl chloride NA NA 50 ppbw in cooling

water Monthly

New Total strippable VOC 30 ppbw in cooling water or 2.3 ppmv in stripping gas Every 12 hours 50 ppbw in cooling water or 3.9 ppmv in stripping gas Monthly

Vinyl chloride NA NA 50 ppbw in cooling

water Monthly

N A

- not applicable
. We have clarified in the final rule that heat exchange systems that are in HAP service and that have a maximum cooling water flow rate of greater than 10 gallons per minute are required to monitor for leaks
.

In addition to proposing requirements for reactor opening losses in the proposed rule , w e solicited comment and additional information on emissions, controls, and costs of controls for gasholders
. Based on our review of comments, and analysis of methods to control emissions from gasholders , the final rule requires that emissions from gasholder vents be routed back into 6
. Other Emission S ources***E.O. 12866 Review

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**Page 37**  **of 511**  the process or vented through a closed vent system to a control device. Affected sources must also install floating objects on gasholder water seals to reduce emissions of vinyl chloride and other HAP from those seals.

The final rule contains several changes to the compliance, recordkeeping and reporting requirements
. D . Initial and Continuous Compliance, and Recordkeeping and
R eporting

At proposal, affected sources were required to conduct performance tests for process vents on an annual basis. In the final rule, performance tests must be conducted once every 5 years since the continuous parametric monitoring requirements ensure complian ce on a continu ous basis. 1 . Process Vents

In the final rule, we have established two subcategories for process vents: PVC

- only and PVC combined. As at proposal,
t he final rule also requires that all gaseous streams from process vents must be routed into a closed vent sy stem and sent to a control device in order to meet the PVC

- only or PVC

combined emission limits. We are also requiring that each process vent stream must be characterized by developing an emission profile. This is to ensure that process vent streams

are se rving a valid process purpose and are not being diluted***E.O. 12866 Review

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**Page 38**  **of 511**  prior to control. We expect facilities to already have inventories and previous test results available to develop their emissions profile. All of the facilities that provided information in response t o the August 21 , 2009 PVC CAA section 114 survey, developed emission profiles. Additionally, we are allowing the emissions profile to be based on engineering assessment or measurement. Because of these reasons, we do not anticipate additional burden from t his requirement. We have also clarified the definitions for process vent, continuous p rocess vent, batch process vent and have added a definition for miscellaneous vent. These revised and new definitions are described in more detail in S ection V.I of this preamble. In the proposed rule, new affected sources were required to install and operate CDD/CDF continuous emission monitoring systems ( CEMS ) after the promulgation of a performance specification. New sources were also required to install and operate hydrogen chloride (HCl) CEMS
. The requirements to install and operate CDD/CDF CEMS and HCl CEMS have been removed as requirements since the CPMS requirements are sufficient but b oth CEMS remain available as options to existing and new affected sources when the specifications are promulgated
. 2. Stripped Resin s***E.O. 12866 Review

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**Page 39**  **of 511**  In the proposed rule, affected sources were required to demonstrate compliance with the vinyl chloride limits for stripped resin using EPA SW

- 846 Method 8260B. In the final rule, affected sources mus t demonstrate compliance with the vinyl chloride stripped resin limit using EPA Method 107 because it is a better measure of the concentration of vinyl chloride in resin and was specifically developed to be used to measure vinyl chloride concentration in s tripped PVC resin s . The final rule requires affected sources to demonstrate compliance with a total

non - vinyl chloride organic HAP limit using the combination of four EPA SW

- 846 Methods: 8015C, 8260B , 8270D and 8315A
. In the final rule, we have removed a ll requirements for continuous parametric monitoring of resin strippers. Our rationale for this is explained in detail in S ect ion V.F.3 of this preamble.

The final rule contains separate requirements for process wastewater and maintenance wa stewater. For process wastewater, we removed the requirement that a wastewater stream must be treated and meet certain HON requirements if its flow rate is greater than or equal to 10 liters per minute or contains a total HAP concentration greater than 1,0 00 ppmw. Instead, affected sources must initially test all untreated process 3. Wastewater***E.O. 12866 Review

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**Page 40**  **of 511** 
wastewater streams and meet the vinyl chloride and total non

vinyl chloride organic HAP limits in the final rule prior to discharge
. We have clarified the requirements for process wastewater including the requirements for determining which streams require treatment to meet the process wastewater emission limits. Consequently, we have removed the term s “point of generation” and “point of determination” from the final rule. In the proposed rule, affected sources were required to determine the concentration of vinyl chloride and total HAP on a monthly basis for streams that did not require treatment to ensure that their HAP concentrations remained below the applicability criteria. Fo r the final rule, affected sources are required to determine the concentration of vinyl chloride and total non

- vinyl chloride organic HAP on an annual basis for streams that do not require treatment. In the final rule, we have added a requirement that aff ected sources must comply with the HON maintenance wastewater compliance requirements of 40 CFR 63.105 of subpart F
. In the final rule, we have removed all requirements for continuous parametric monitoring of wastewater steam strippers. Our rationale for t his is explained in detail in S ection V of this preamble.
4 . Heat Exchange Systems***E.O. 12866 Review

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**Page 41**  **of 511**  We proposed that affected sources would have the option of using the Modified El Paso Method or Method 8021B to monitor for leaks of VOC in their heat exchange system coolin g water. In the final rule, we have retained the option to monitor total strippable VOC in the stripping gas using the Modified El Paso Method, but for cooling water monitoring, we are requiring EPA Method 624. The final rule also includes an option for facilities to monitor their cooling water for vinyl chloride using EPA Method 107. The final rule requires the same leak action level for both new and existing sources, depending on which monitoring method is used.

In the final rule, w e are requiring emissions from gasholder vents be routed back into the process or vented through a closed vent system to a control device meeting the compliance requirements for process vents. T o minimize fugitive emissions from gasholder water seal s , we are also requiring the use of floating objects on the surface of water seals . Affected sources must establish operating procedures for use of floating devices in gasholders. These operating procedures must describe how the floating objects will be ma intained to ensure a reduction in fugitive emissions from the gasholder’s water seal
. 5 . Other Emission Sources

E . Area Source R equirements***E.O. 12866 Review

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**Page 42**  **of 511**  We proposed GACT standards for PVC area sources based on the proposed MACT standards for major sources . F or the final rule, we have updated our analysis of area source GACT, considering comments received , including our analysis of cost considerations
. Our revised GACT analysis assesses each PVC emission point ( e.g.

W e have determined emission limits based on the control level that area sources are currently meeting to be GACT for existing and new area sources for PVC

- only process vents , PVC

combined process vents, bulk resin, suspension resin, and
proces s and maintenance wastewater. For other resin subcategories (i.e., dispersion, suspension blending, and copolymer) , no existing area source produce s these resins . For the dispersion subcategory, we determined GACT based on the least

- controlled major source control level at existing major sources in that subcategor y . GACT for the suspension blending and copolymer subcategories is based on the existing major source control levels for the single facility in each , process vents, stripped resin, equipment leaks, etc.) individually, for both e xisting and new sources, to determine the appropriate level of control considering cost and emission reduction. The GACT analysis was conducted for the same subcategories as major sources. A discussion of the GACT analysis is presented in S ection V.H of th is preamble.***E.O. 12866 Review

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**Page 43**  **of 511**  subcategory from wh ich we determined the MACT floors
. For all other emission points, i.e., equipment leaks, heat exchange systems, and other emission sources , we have determined that GACT should be the same work practice standards being adopted as MACT for major sources
. W e are also adopting the same testing and monitoring requirements that apply to major sources
. Major source requirements are discussed in S ection IV of this preamble.

Several definitions were revised and added in the final rul e as a result of new subcategories and other changes. The following definition s ha ve been revised since the proposa l : batch process vent, conservati on vent, continuous process vent,
g rade , in HAP service, polyvinyl chloride , polyvinyl chloride and copolymers production process unit or PVCPU, polyvinyl chloride copolymer, pressure relief device, process vent, solution process, surge control vessel, treatment process, type of resin and wastewater . F . New a nd Revised D efinitions

The following definitions have been added in the f inal rule : gasholder, heat exchanger exit line, maintenance wastewater, miscellaneous vent, polyvinyl chloride homopolymer , process wastewater , process wastewater treatment system, PVC

combined process vent, PVC

- only process vent, suspension***E.O. 12866 Review

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**Page 44**  **of 511**  blending proc ess, table 10 HAP, total non

- vinyl chloride organic HAP, and wastewater stream. The rationale for revising and adding the definitions is provided in S ection V.I of this preamble. **IV. Summary of the Final Rules**

The final rules apply to owners or operators of PVCPU located at both major source and area source s of HAP emissions, as defined in 40 CFR 63.2
. The subpart s apply to each affected

source , where the affected source is the facility wide collection of PVCPU , storage tanks, surge control vessels, heat exchange systems, wastewater and process wastewater treatment systems that are associated with producing polyvinyl chloride and copolymers
. A new affected source is one for which construction commenced after May 20, 2011 at a g reenfield facility or at an existing facility that did not previously produce PVC prior to May 20, 2011
. 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 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 affecte d A. What is the affected source?***E.O. 12866 Review

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**Page 45**  **of 511**  source upon initial startup of the reconstructed source, or by **[INSERT DATE OF PUBLICATION OF THIS FINAL RULE**  **IN THE FEDERAL REGISTER]**  , whichever is later
. A PVCPU is defined as 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. The collection of process components inc ludes polymerization reactors, resin stripping operations, resin blend tanks, resin centrifuges, resin dryers, resin product separators, recovery devices, reactant and raw material charge vessels and tanks, holding tanks, mixing and weighing tanks , finishe d resin product loading operations, connected ducts and piping, combustion, recovery, or recapture devices or systems and equipment ( i.e. , all pumps, compressors, agitators, pressure relief devices, sampling connection systems,
open - ended valves or lines, valves, connectors and instrumentation systems that are associated with the P VCP U )
. A PVCPU does not include chemical manufacturing process units, as defined in 40 CFR 63.101 , which produce VCM or other raw materials used in the production of PVC.

Existing major affected sources are required to comply with 40 CFR part 63, subpart HHHHHHH and existing area affected B . When must I comply with the major and area source standards?***E.O. 12866 Review

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**Page 46**  **of 511**  sources are required to comply with 40 CFR part 63, subpart DDDDDD no later than **[ INSERT DATE 3 YEARS**  **AFTER DATE OF** 
**PUBLICATION OF THIS FINAL RULE**  **IN THE FEDERAL REGISTER**  **]** . New major and area affected sources are required to comply on **[ INSERT DATE OF PUBLI**  **CATION OF THIS FINAL RULE**  **IN THE FEDERAL**
**REGISTER ]**  , or upon startup, whichever is later.

Affected sources are currently subject to requirements in the part 61 NESHAP. This final rule includes requirements that are at least as stringent as the requirements in the part 61 NESHAP. Thus, once an affected source is in compliance with subpart HHHHHHH, the requirements of the part 61 NESHAP will no longer apply. C . What is the relationship between this final rule for major

sources and the 40 CFR part 61, subpart F standards?

T he final rule contains two subcategories for process vents. The process vent subcategories are based on whether the vent streams are collected from: (1) Only PVC production
processes ( D . Are there subcategories for major sources?

i.e. , PVC

- only process vent s ) or (2) PVC production process and other non

- PVC production proce sses, such as VCM or EDC manufacturing ( i.e. The final rule contains five subcategories for limits on the amount of HAP remaining in resin following polymerization , PVC

- combined process vent s )
.***E.O. 12866 Review

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**Page 4**  **7 of**  **511** and stripping ( i.e.

See S ection V.D of this preamble for more discussion on subcategories. , the stripped resin). The stripped resin subcategories are based on the type of resin produced, and include the following homopolymer resins: (1) B ulk resin, (2) dispersion resin, (3) suspension blending resin and (4) suspension resin. A fifth subcategory is included in the final rule for a ll copolymer resin s .

Th is rule establish es requirements for affected sources located at or part of a major source of HAP emiss ions
. We explain our rationale for the finalized standards in S ection V.E of this preamble
. E . What emission standards must I meet for major sources?

Under 40 CFR 63.11910 and Table 3 of the final rule, if you own or operate a storage vessel at a new or existing affected source, we are requiring that material stored with a maximum true vapor pressure of 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 purged stream or the emission stream during loading is required to be routed to a closed vent system and control device. The closed vent 1. Storage Vessels and Handling Operations***E.O. 12866 Review

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**Page 48**  **of 511**  system and control device must meet the requirements specified in 40 CFR 63.11925 through 40 CFR 63.11950 of the final rule. You are also 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 63.119 10(c)(3) of the final rule. For storage vessels with a capacity greater than or equal to 40,000 gallons that store 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) that store materials with a maximum true vapor pressure greater than or equal to 4 psia, we are requiring compliance with one of two equivalent compliance options. We are requiring that material be stored in eit her: (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 through 40 CFR 63.11950 of the final rule) capable of reducing inlet VOC emissions by 95 percent or greater
. We are requiring that all other storage vessels meet the operating, inspection and maintenance requirements for fixed roof vessels of 40 CFR 63.11910(a) of the final rule or comply***E.O. 12866 Review

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**Page 49**  **of 511**  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 final 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.

In 40 CFR 63.11915 o f the final rule, we are requiring 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
. For valves in gas and light liquid service , subpart UU specifies a leak definition of 500 ppm VOC and a monitoring frequency that is dependent upon the number of leaking valves. Subpart UU also requires equipment specifications to prevent leaks for other pieces of equipment
. We are requiring that a vinyl chloride monitoring system be operated for detection of major leaks and identification of the 2. Equipment Leaks***E.O. 12866 Review

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**Page 50**  **of 511**  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 final rule, we are also requiring that, in a ddition to operating with no detectable emissions, there be no discharge to the atmosphere from any pressure relief device (PRD) on any equipment in HAP service within the PVC affected source
. We are requiring 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
.

In 40 CFR 63.11920 of the final rule, we are requiring that you implement a LDAR program to detect leaks of HAP into cooling water. For both new and existing sources, we are requiring monthly monitoring for both closed loop and once

- through heat exchange systems using either the Modified El Paso Method, EPA Method 624 or EPA Method 107 . The leak action level is 50 ppbw of total strippable VOC or vinyl chloride in the cooling water , or a leak action level of 3.9 ppmv in the stripping gas . The delay of repair action level for both new and existing sources 3. Heat Exchange Systems***E.O. 12866 Review

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**Page 51**  **of 511**  is 500 ppbw of total strippable VOC or vinyl chloride in the cooling water , or 39 ppmv of 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 or vinyl chloride concentration remains below the applicable leak

a ction 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 or vinyl chloride in the cooling water 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.

In 40 CFR 63.11925 of the final rule, we are requiring all process vent s be routed to a closed vent system and control device meeting the emission standards in Table 10 of this preamble. All process vents must meet the emission standards, including continuous pro cess vents, batch process vents and miscellaneous vents. 4. Process Vents

We are requiring the emission limit ations presented in Table 10 of this preamble for two subcategories of process vents at major sources : (1) PVC

- o nly process vents and (2 ) PVC

-***E.O. 12866 Review

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**Page 52**  **of 511** 

c ombined process vents . These emission limit s apply at all times.
**Table 10**  **. Emission Limits for Process Vents at Existing and New**  **Major Sources**
**Subcategory Pollutant**  **Emission Limitations**  a **Existing Sources New Sources**  PVC

- only process vents Vinyl chloride 6.0 ppmv 0.56 ppmv Hydrogen chloride 78 ppmv 0.17 ppmv Total hydrocarbons (THC) b 9.7 ppmv as propane 7.0 ppmv as propane Total organic HAP b 56 ppmv 5.5 ppmv Dioxin/Furans (TEQ) 0.038 ng/dscm 0.038 ng/dscm
PVC

- combined process vents Vinyl chloride 1.1 ppmv 0.56 ppmv Hydrogen chloride 380 ppmv 1.4 ppmv Total hydrocarbons (THC) b 4.2 ppmv as propane 2.3 ppmv as propane Total organic HAP b 9.8 ppmv 5.5 ppmv ppmv Dioxin/Furans (TEQ) 0.051 ng/dscm 0.034 ng/dscm

a 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 . b T otal organic HAP is an alternative compliance limit for THC
.

Other emission sources include reactor and other component opening losses and gasholders . When reactors or other components (including pre

- polymerization reactors used in the manufacture 5. Other Emission Sources***E.O. 12866 Review

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**Page 53**  **of 511**  of bulk resin) are opened for cleaning, we are requiring in 40 CFR 63 .11955 of the final rule that emissions be minimized prior to opening. We are requiring 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 produ ct of pre

- polymerization and post

polymerization. We are requiring 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 comp onent's containment volume or 25 gallons, whichever is larger, at standard temperature and pressure. Any vinyl chloride emissions resulting from opening equipment must be ducted through a closed vent system to a control device meeting the process vent limi ts of the final rule. The outlet of the control device must meet the emission limitations for process vents discussed in S ection IV.E.4 of this preamble **.** In 40 CFR 63.11955 of the final rule, we are requiring that emissions from gasholders must either be routed back into the
process or be vented to a closed vent system and control device from which the exhaust gases do not exceed the process vent limits. To minimize fugitive emissions from gasholder water seals, we are also requiring the use of floating ob jects on the***E.O. 12866 Review

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**Page 54**  **of 511**  surface of the water seal. Each gasholder must operate with one or more types of objects installed on the surface of the water seal to reduce emissions from those seals, including floating balls, hollow floating disks, an oil layer and/or floa ting mats
.

In 40 CFR 63.11960 of the final rule, we are setting emission limits for vinyl chloride and total non

- vinyl chloride organic HAP for five subcategories of stripped resin s, as presented in Tables 11 and 12 of this preamble. The limit s were developed for new and existing affected sources , based on the type of resin produced
. Subcategories for homopolymer resins

are: (1) B ulk resin, (2) dispersion resin, (3) suspension blending resin , and (4) suspension resin. A fifth subcategory is included in the final rule for copolymer resin. These emission limit s would apply at all times. 6. Stripped Resin

**Table 11**  **. Limits for Stripped**  **Resi n**  **s at Existing**  **Major Sources** 

**Pollutant Emission Limits (ppmw)**  **Homopolymer Resin**  **s Copolymer**  **Resin Bulk Resin**  **Dispersion Resin**  **Suspension Resin**  **Suspension Blending** 

**Resin** Vinyl chloride 7.1 1,300 37 140 790 Total non

vinyl chloride organic HAP 170 240 670 500 1,900

**Table 12**  **. Limits for**  **Stripped Resi**  **n s**  **at New Major**  **Sources*****E.O. 12866 Review

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**Page 55**  **of 511** 

**Pollutant Emission Limits (ppmw)**  **Homopolymer Resin s**  **Copolymer Resin**  **Bulk Resin Dispersion**  **Resin Suspension**  **Resin Suspension**  **Blending**

**Resin** Vinyl chloride 7.1 480 7.3 140 790 Total non

vinyl chloride organic HAP 170 66 15 500 1,900

In 40 CFR 63.11965 of the final rule, we are requiring
process wastewater streams at existing sources to meet emission limits of 6.8 ppmw for vinyl chloride and 110 ppmw for total

non - vinyl chloride organic HAP before being exposed to the atmosphere, discharged from the affected source or discharged from the affected source untreated as wastewater
. Process

w astewater streams at new sources are required to meet emission limit s of 0.28 ppmw for vinyl chloride and 0 .018 ppmw for total

non - vinyl chloride organic HAP before being exposed to the atmosphere, discharged from the affected source or discharged from the affected source untreated as wastewater
. Pollutant concentrations in each process wastewater stream at exi sting and

new sources must be measured immediately as the process wastewater stream leaves a process component , before being exposed to the atmosphere and before mixing with any other
wastewater stream . 7. Wastewater***E.O. 12866 Review

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**Page 56**  **of 511**  The final rule contains separate requirements for

ma intenance wastewater. Maintenance wastewater must meet the requirements of 40 CFR 63.105.

In 40 CFR 63.11896 of the final rule, we are requiring that, if you make a process c hange to an existing affected source that does not meet the criteria to become a reconstructed affected source in 40 CFR 63.11870(e) of the final rule, you
must be in compliance for any added or changed emission points by the compliance date for existing affected sources. If the process change occurs after the compliance date for existing sources, then the added or changed emissions point must be in compliance upon startup. If the process change results in a change in the characteristics of a ny emission point such that a different emission standard or operating parameter limit applies, we are requiring that you demonstrate that the changed emission point complies with the applicable requirements for an existing affected source. You must demons trate compliance with
any emission limits and establish applicable operating limits by
1 8 0 days after the compliance date for existing affected sources; if the startup of the changed emission point occurs after the compliance date for existing affected sou rces, then F. What are the initial and continuous compliance requirements for major sources ?***E.O. 12866 Review

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**Page 57**  **of 511**  you must demonstrate compliance with any emission limits and establish applicable operating limits by 1 8 0 days after the date of initial startup of the changed emission point
. We are also requiring that, i f you make a process change to a new aff ected source, you demonstrate that any added emission point s are in compliance with the applicable 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 estab lish applicable operating limits by 1 8 0 days after the date of initial startup of the changed process unit
. If you make a process change that add s or change s emission points, we are requiring that you demonstrate continuous compliance with your emission standards and operating limits according to the procedures and frequency in 40 CFR 63.11910 through 40 CFR 63.11980 of this final rule and submit a notification report specified in 40 CFR 63.11985 of the final rule. A facility subject to the PVC

- combined p rocess vent limits that no longer combines process vent streams from other source categories, or a facility that is subject to the PVC

- only process vent limits that subsequently combines process vent streams from other source categories, is subject to the process change requirements in 40 CFR 63.11896 of the final rule.***E.O. 12866 Review

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**Page 58**  **of 511**  Routine and maintenance shutdowns that cause temporary cessation of the vent stream flow from other source categories are not subject to the process change requirements.

For each floating roof storage vessel, we are requiring 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 requiring that you meet the requirements for closed vent systems and control devices in 40 CFR 63.11925 of the final rule and summar ized in S ection IV.F.4 of this preamble. 1. What are the init ial and continuous compliance requirements for storage vessels?

In 40 CFR 63.11910 of the final rule, we are also requiring 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 betwee n the interface of the roof edge and the tank wall. We are also requiring that you 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 during the period needed to provide access. The fixed roof tank and its closure device are required to be inspected initially and at***E.O. 12866 Review

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**Page 59**  **of 511**  least once per year. The inspection requirements are not applicable to parts of the fixed roof that are deter mined 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 an d repairs are required to be completed no later than 45 days after detection, except as specified in 40 CFR 63.11910(a)(4)(ii) of the final rule
. In 40 CFR 63.11910 of the final rule, for pressure vessels, we are requiring that all potential leak interfac es in the pressure vessel be monitored for leaks annually and repaired following the procedures of 40 CFR 63.11915 of the final rule.

For each applicable piece of equipment ( 2. What are the initial and continuous compliance requirements for equipment leaks?
e.g. , valves, connectors) associated with your affected source, we are requiring that you meet the LDAR requirements of 40 CFR part 63, subpart UU. In 40 CFR 63.11915 of the final rule, you are required to install a release indicator 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.***E.O. 12866 Review

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**Page 60**  **of 511** 

We are requiring that , for each affected source, you must operate a heat exchange system monitoring program , as specified in the final rule. Under the compliance requirements for heat exchange systems in 40 CFR 63.11920 of the final rule, an affected source is required to conduct sampling and analyses for either total strippable VOC using the Modified El Paso Method or EPA Method 624, or for vinyl chloride using EPA Method 107
. Affected sources must monitor no less frequently than monthly and fix any leaks detected. We are requiring different sampling locations for once - through and closed loop heat exchange systems, as specified in 40 CFR 63.11920 of the final rule. For

once - through systems only, you may monitor at the cooling tower return line prior to exposure to the air or you may monitor the inlet water feed line prior to any heat exchange. If multiple heat exchange systems use the same water feed ( 3. What are the initial and continuous compliance requirements for heat exchange systems ?

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. 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 cove red by the***E.O. 12866 Review

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**Page 61**  **of 511**  selected monitoring location. Monitoring of selected heat exchanger exit lines is also a monitoring option for closed loop systems . We are exempting a heat exchange system from the monitoring requirements in 40 CFR 63.11920 if all heat exchange rs 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 , t he heat exchange system does not contain any heat exchangers that are in HAP serv ice , or
t he heat exchange system has a maximum cooling water flow rate of 10 gallons per minute or less
. Identified leaks must be repaired as soon as practicable, but within 45 days after identifying the leak. We are allowing delay of repair as long as th e total strippable VOC concentration is below 39 ppmv in the stripping gas or below 500 ppbw in the cooling water, or the vinyl chloride concentration in the cooling water is below 500 pp bw and other criteria are
met . Specifically, l eaking heat exchanger r epairs 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 or vinyl chloride concentration must initially be, and remain less***E.O. 12866 Review

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**Page 62**  **of 511**  than , the delay of repair action level for all monitoring periods during the delay of repair
.

To demonstrate compliance for process vents, you are required to meet the requirements of final 40 CFR 63.11930 for each closed vent system that routes emissions from process vents to a control device. You are required to meet the initial and continuous compliance requirements for process vents specified in 40 CFR 63.1 1925 and 40 CFR 63.11935 , the monitoring requirements for your process vent control device, as specified in 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 l imits of the final rule, as specified in 40 CFR 63.11925(b). 4. What are the initial and continuous compliance requirements for process vents?

As specified in 40 CFR 63.11925(g) , affected sources are required to characterize their process vents by developing an emission profile that describes the characteristics of the process vent stre am under either absolute or hypothetical worst

case conditions. In 40 CFR 63.11950 , w e have provided equations to develop the emissions profile for each batch process vent , including equations for vapor displacement, gas sweep of a partially filled vessel, heating, depressurization, vacuum***E.O. 12866 Review

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**Page 63**  **of 511** 
sys tems, gas evolution, air drying and p urging. All other emissions or emissions episodes for the emissions profile would be determined th rough an engineering assessment or through testing approved by the Administrator. S ee 40 CFR 63.11950(i) of the final rule. Closed vent systems . In 40 CFR 63.11930 of the final rule, for closed vent systems, you are required to meet specified design requirements and install flow indicators in the bypass lines or meet other requirements t o 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 final rule for closed vent systems
. Closed vent systems in vacuum service are 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 requirement s in the final rule. Performance testing, continuous par ameter monitoring system (CPMS) and continuous emission monitoring system (CEMS) requirements for process vents and associated control devices
. Compliance is demonstrated through a combination of perf ormance testing (as specified in 40 CFR 63.11925 and 40 CFR 63.11945 ) and/or monitoring using CPMS and/or CEMS that measure process***E.O. 12866 Review

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**Page 64**  **of 511**  vent control device operating parameters (as specified in 40 CFR 63.11925 , 40 CFR 63.11935 and 40 CFR 63.11940 ). These secti ons also refer to Tables 1, 2, 5 , 7, and 8 of the final rule for emission limits, testing methods and requirements. Below, we summarize the process vent testing and compliance requirements by pollutant. Each performance test must consist of three test

runs . We are requiring that existing and new sources demonstrate initial compliance with the THC emission limits in Table 1 or 2 of the final rule by measuring THC at the outlet of the control device using EPA Method 25A, as specified in Table 8 of the final rule. The minimum test run duration would be 1 hour. To demonstrate continuous compliance with the THC emission limits, each control device must be tested once every 5 years using EPA Method 25A. Alternatively, existing and new sources may demonstrate init ial compliance with the total organic HAP emission limits in Table 1 or 2 of the final rule by measuring total organic HAP at the outlet of the control device using EPA Method 18 and EPA Method 320. To demonstrate continuous compliance with the total organ ic HAP emission limits, each control device must be test ed once every 5 year s using EPA Method 18 and EPA Method 320.***E.O. 12866 Review

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**Page 65**  **of 511**  During the initial compliance test, you are required to establish values for the control device operating parameters specified in 40 CFR 63.11935 and 40 CFR 63.11940 ( e.g.

For vinyl chloride, you are required to demonstrate compliance by conducting an initial performance test using EPA Method 18
. To demonstrate continuous compliance with the vinyl chloride emission limits, each control device must be tested once every 5 years using EPA Method 18. , oxidizer temperature). You would then use a CPMS to continuously monitor that parameter to demonstrate continuous compliance with either the THC or total organic HAP limit s . New and e xisting sources could elect to use TH C CEMS instead of establishing operating limits and using CPMS to demonstrate continuous compliance for
THC emission limits . All CEMS must meet the applicable performance specifications , procedures and other calibration,
accuracy and operating and maintena nce requirements, as specified in 40 CFR 63.11935 of the final rule.

For CDD/CDF, you demonstrate initial compliance by conducting a performance test using EPA Method 23 and continuous compliance by conducting performance tests usin g EPA Method 23 once every 5 years
. The minimum sampling volume collected is 5 cubic meters for Method 23. For HCl, you must demonstrate compliance by conducting an initial performance test using EPA***E.O. 12866 Review

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**Page 66**  **of 511**  Method 26 or 26A. The minimum sampling volume s collected is 60 liters for EPA Method 26 or 1 cubic meter for EPA Method 26A
. Additionally, y ou are required to establish operating parameters during the initial performance test and use CPMS to continuously monitor those parameters . N ew and existing sources are no longer required to use CEMS but have the option of using HCl and/or CDD/CDF CEMS instead of conducting continuous parametric monitoring which is sufficient to demonstrate continuous compliance , as provided in 40 CFR 63.11925 of the final rule. All C EMS 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 final rule. The final rule includes specific performance testing requirem ents, 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 , and discussed in S ections IV.F and IV.G of this preamble. All CPMS are required to have data averaging periods of 3

- hour block averages. All CPMS are required to meet minimum accuracy and calibration frequency requirements, as specified in 40 CFR 63.11935 and Table 7 of the final rule. For each***E.O. 12866 Review

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**Page 67**  **of 511**  monitored paramete r, you must establish a minimum, maximum or a range that indicates proper operation of the control device, as specified in 40 CFR 63.11935(d) . The final rule specifies the parameters that would be monitored for each type of control device, including each oxidizer , absorber, adsorber, condenser, 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 are subject to additional emission point

- specific performance testing requirements , as described in 40 CFR 63.11945 of the final rule. We have included specific performance testing requirements for continuous process vents and batch operations, as provided in 40 CFR 63.11945 of the final rule and discussed in S ection IV.F and IV.G of this preamble. 5. What are the initial and continuous compliance requirements for wastewater? As specified in 40 CFR 63.11965(b) of the final rule, we are requiring that you conduct an initial test for process
wastew ater streams from the affected source to determine the vinyl chloride and the total non

- vinyl chloride organic HAP concentration s . You are required to use EPA Method 107 for measuring vinyl chloride and EPA SW

- 846 Method s 8015C, 8260B ,***E.O. 12866 Review

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**Page 68**  **of 511**  8270D, and 8315A for measuring total non

- vinyl chloride organic
HAP . For process wastewater streams that are not being treated, we are requiring that you determine which of those process wastewater streams, if any, require treatment in order to meet the wastewater emission li mits . You must collect one grab sample immediately as the process wastewater stream leaves a process component and before mixing with any other wastewater stream and before being exposed to the atmosphere, discharged to a wastewater treatment process or di scharged untreated as
wastewater . If your process wastewater stream contains vinyl chloride concentrations greater than or equal to 6.8 ppmw at existing

sour ces or 0.28 ppmw at new sources or total non

- vinyl chloride organic HAP concentrations greater tha n or equal to 110 ppmw at existing sources or 0.018 ppmw at new sources, you are required to treat the wastewater stream to achieve concentrations below these levels. We are requiring that you measure at the outlet of the treatment system by collecting one grab sample each month. In the final rule, affected sources must comply with the requirements of 40 CFR 63.105 for maintenance wastewater
streams.***E.O. 12866 Review

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**Page 69**  **of 511**  For more information on the wastewater compliance requirements, see 40 CFR 63.11965, 40 CFR 63.11970 and 40 CFR 63.11975 of the final rule.

In 40 CFR 63.11960 of the final rule, we are requiring that you conduct initial performance tests to demonstrate compliance with the vinyl chloride and total non

- vinyl chloride organic HAP limits for stripped resin s . We are also requiring that you conduct daily sampling and testing to demonstrate continuous complianc e with the vinyl chloride limit and monthly sampling and testing to demonstra te continuous compliance with the total

non - vinyl chloride organic HAP limit. The tests must be conducted at the outlet of the resin stripper for continuous processes and immediately after stripping for batch processes. You are required to use EPA Method 1 07 for measuring vinyl chloride and EPA SW

- 846 Method s 8015C, 8260B , 8270D, and 8315A for measuring total non

- vinyl chloride organic HAP listed in
T able 10 of the final rule
. 6. What are the initial and continuous compliance requirements for stripped resin s ?

To demonstrate initial compli ance with the vinyl chloride and total non

- vinyl ch loride organic HAP limits, you are required to collect one grab sample every 8 hours for a single grade or one grab sample per grade of PVC resin produced,***E.O. 12866 Review

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**Page 70**  **of 511**  whichever is more frequent, for each resin stripper over a 24

- hour period. You are required to colle ct samples over a 24

- hour period that reflects the primary product being produced, based on total mass of resin produced in the preceding 12 months. Grade is defined in 40 CFR 63.12005 of the final rule
. To demonstrate continuous compliance with the vinyl chloride limit for a continuous process, you are 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. To demonstrate compliance with t he vinyl chloride limit for a batch process, you are required to collect one grab sample from each batch of resin produced. You must demonstrate compliance on a daily basis using a 24

- hour grade

- weighted average concentration , based on production. To demon strate continuous compliance with the total non

vinyl chloride organic HAP limits for a continuous process, on a monthly basis, you are required to collect one grab sample every 8 hours for a single grade or per grade of PVC resin produced, whichever is mo re frequent from each resin stripper over a single 24

- hour period. The 24

- hour arithmetic average total non

vinyl chloride organic HAP concentration for each stripper for each resin grade produced during the 24

- hour sampling period***E.O. 12866 Review

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**Page 71**  **of 511**  must be calculated using the individual HAP concentrations measured for the grab. To demonstrate continuous compliance with the total non

vinyl chloride organic HAP limits for a batch process, on a monthly basis, you are required to collect one grab sampl e for each batch of resin produced over a 24

- hour period. You must demonstrate compliance on a monthly basis.

To demonstrate compliance with the requirements for oth er emission sources, we are requiring that prior to opening reactors and other components , you follow the initial and continuous compliance requirements of 40 CFR 63.11955
. In 40 CFR 63.11955 of the final rule, we are requiring that each gasholder must eit her be routed back into the process or be vented to a closed vent system and control device meeting the requirements of 40 CFR 63.11925 through 63.11950 . To minimize fugitive emissions from gasholder water seals, we are also requiring the use of floating o bjects on the surface of the water seal. Affected sources must establish operating procedures for use of floating devices in gasholders. These operating procedures must describe how the floating objects will be maintained to ensure a reduction in fugitive emissions from the gasholder’s water seal. 7. What are the initial and continuous compliance requirements for other emission sources?***E.O. 12866 Review

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**Page 72**  **of 511** 

For batch process operations , performance tests must be conducted under the most challenging conditions that you run your batch process operations to ensure that the control device(s) is/are operating at the level needed for compliance under all conditions
. Subsequent to the initial compliance test, continuous monitoring of operating parameters established during the ini tial test is the measure of continuous compliance with the efficiency requirement under all conditions. G. What are the performance testing requirements for batch process operations at major sources ?

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

All new and existing sources are required to comply with certain requirements of the General Provisions (40 CFR part 63, subpart A), which are identified in Table 4 of the final 40 CFR part 63, subpart HHHHHHH. The General Provisions include specific requi rements 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

- c ompliance report and 1. Notifications and Reports***E.O. 12866 Review

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**Page 73**  **of 511**  other notifications and reports specified in the final 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 an d 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) are required to be submitted semi

- annually for reporting periods during which there w as : A n exceedance of any emission limit or a monitored parameter ; a deviation from any of the requirements in the rule ; or if any process changes occurred and compliance certifications were reevaluated. The final rule includes additional requirements for w hat you must include in these reports for each type of emission point. See 40 CFR 63.11985 of the final rule.

The final rule require s compiling and retaining records to demonstrate compliance with each emission standard. These recordkeepin g requirements are specified either directly in the final rule, in the General Provisions to 40 CFR part 63 and in 40 CFR part 63, subparts F, UU , and WW . Records that we are requiring that you keep include performance tests, records of 2. Recordkeeping***E.O. 12866 Review

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**Page 74**  **of 511** 
CPMS and CEMS , reco rds of malfunction s , records of deviations, records specific to each emission point and other records specified in 40 CFR 63.11990
. The 40 CFR part 63 General Provisions requirements that apply are listed in Table 4 of the final rule. We are requiring that records be kept for 5 years in a form suitable and readily available for EPA review. We are requiring 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 final rule.

We are revising the existing NESHAP for PVC production area sources (40 CFR part 63, subpart DDDDDD) , based on the results of our GACT analysis, as explained in S ection V.H of this preamble. The final rule subcatego rizes process vents and stripped resin at existing and new area sources in the same manner as major sources. All new and existing sources are required to comply with requirements of the General Provisions (40 CFR part 63, subpart A), are identified in Table 4 of the final 40 CFR part 63, subpart DDDDDD. The final rule contains the same notification, reporting , and recordkeeping requirements for area sources as for major sources. In the final rule, performance testing requirements at batch operations as well as process change requirements, discussed in S ections IV.G and IV.F I . Wha t are the requirements for area sources?***E.O. 12866 Review

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**Page 75**  **of 511**  of this prea m ble , respectively, are the same for PVC area sources as for major sources
. The final rule requires area sources to meet the following requirements: 1. Storage Vessels and Handling Operations Storage vessel and handling operations at existing and new PVC area sources are subject to the same standards and compliance requirements as major sources, as discussed in
S ections IV.E.1 and IV.F.1 of this preamble. 2. Equipment L eaks Equipment leaks at existing and new PVC area sources are subject to the same standards and compliance requirements as major sources, as discussed in S ections IV.E.2 and IV.F.2 of this preamble. 3. Heat Exchange Systems Heat exchange systems at existi ng and new PVC area sources are subject to the same standards and compliance requirements as major sources, as discussed in S ections IV.E.3 and IV.F.3 of this preamble
. 4. Process Vents
PVC

- only process vents and PVC

- combined p rocess vents from existing and new PVC area sources are subject to the emission limits summarized in Table 13 of this preamble
. They are also subject to the same requirements as major sources for***E.O. 12866 Review

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**Page 76**  **of 511**  demonstrating compliance ( e.g. , continuous parametric monitoring, performance tests, test methods, etc.) , as discussed in S ection IV.F.4 of this preamble
. **Table 13**  **. Emission Limits for Process Vents at Existing and New**  **Area Sources Subcategory**  **Pollutant Emission**  **Limits a**  **Existing Sources New Sources**  PVC

- o nly p rocess v ents Vinyl chloride 5.3 ppmv 5.3 ppmv

Total hydrocarbons (THC) b 38 ppmv as propane 38 ppmv as propane Total organic HAP b 140 ppmv 140 ppmv Dioxin/Furans (TEQ) 0.13 ng/dscm 0.13 ng/dscm PVC

- c ombined p rocess v ents Vinyl chloride 0. 56 ppmv 0. 56 ppmv

Total hydrocarbons (THC) b 2.3 ppmv as propane 2.3 ppmv as propane Total organic HAP 29 ppmv 29 ppmv Dioxin/Furans (TEQ) 0.076 ng/dscm 0.076 ng/dscm a 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 . b T otal organic HAP is an alternative compliance limit for THC
.
5. Other Emission Sources Other emission sources include reactor and other component opening losses and gasholders
. These emission sources at existing and new PVC area sources are subject to the same standards and compliance requirements as major sources, as discussed in S ection IV.E.5 and IV.F.7 of this preamble. 6. Stripped Resin s***E.O. 12866 Review

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**Page 77**  **of 511**  Stripped resins at new and existing area sources are subject to the emission limits summarized in T able 14 of this preamble
. They are also subject to the same compliance requirements as major sources, as discussed in S ections IV.E.6 and IV.F.6 of this prea mble . The two existing area source s produce bulk and suspension resin s and we have established GACT limits for those resin subcategories based on data for the two

area sources . However, as discussed in S ection V of this preamble, existing major sources may have the potential to become synthetic area sources by taking federally enforceable permit limits before the first substantive compliance date of this rule. Therefore, we are also setting existing area source limits for dispersion resin, suspension blending resin and copolymer resin. We are also establishing limits for new area sources based on the type of resin that could potentially be produced: (1) B ulk res in, (2) dispersion resin, (3) suspension blending resin, (4) suspension resin , and (5) copolymer resin. **Table 14**  **. Emission Limits**  **for Stripped Resin s**  **at New and Existing Area Sources** 

**Subcategory Pollutant**  **Emission Limits (ppmw)**  **Existing Sources New**  **Sources**

Bulk resin Vinyl c hloride 7.1 7.1 Total non - vinyl chloride organic 170 170***E.O. 12866 Review

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**Page 78**  **of 511** 
HAP

Suspension Vinyl c hloride 36 36 Total non - vinyl chloride organic HAP 36 36

Dispersion Vinyl c hloride 1 , 500 1,500 Total non - vinyl chloride organic HAP 320 320

Suspension

b lending Vinyl c hloride 140 140 Total non - vinyl chloride organic HAP 500 500

Copolymer Vinyl c hloride 790 790 Total non - vinyl chloride organic HAP 1 , 900 1,900

7. Wastewater In the final rule, we are requiring that process wastewater streams at existing and new PVC area sources reduce the concentration of vinyl chloride and total non

- vinyl chloride organic HAP, measured immediately as the process wastewater stream leaves a pro cess component and before mixing with any other wastewater stream, to no more than the levels specified in Table 15 of this preamble. We are also requiring that wastewater streams from existing and new PVC area sources meet the same requirements for demons trating compliance as major sources including maintenance wastewater work practices , as discussed in
S ection IV.F.5 of this preamble.***E.O. 12866 Review

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**Page 79**  **of 511**  **Table 15**  **. Limits for Process Wastewater at New and Existing Area**  **Sources**
**Pollutant Emission Limits**  **(ppmw)** Vinyl chloride 2. 9 Total non

- vinyl chloride organic HAP 0.018

The EPA must have performance test data to conduct effective reviews ( J . What are the electronic data submittal requirements?

e.g.

In the final rule , the EPA is i ncluding a step to increase the ease and efficiency of data submittal and improve data accessibility. Specifically, we are requiring owners and operators of PVC production facilities to submit electronic , 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, the 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.***E.O. 12866 Review

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**Page 80**  **of 511**  copies of certain required performance test reports to the EPA’s WebFIRE database
. The WebFIRE database wa s constructed to store performance test data for use in developing emission factors. A description of the WebFIRE database is available at h ttp://cfpub.epa.gov/oarweb/index.cfm?action=fire.main
Data e ntry will be through an electronic emissions test report structure called the Electronic Reporting Tool (ERT)
. The ERT will generate an electronic report that will be submitted using the Compliance and Emissions Data Reporting Interface (CEDRI). The report is submitted 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/index.html and CEDRI can be accessed through the CDX website ( www.epa.gov/cdx The requirement to submit source test data electronically
to the EPA does not create any additional performance testing and appl ies only 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.h tml
. I ndustry will***E.O. 12866 Review

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**Page 81**  **of 511**  benefit from this approach to electronic data submittal. Having these data, the EPA will be able to develop improved emission factors, make fewer information requests and promulgate better regulation s . The information to be reported is a lready required for the existing test methods and is necessary to evaluate the conformance to the test method. One major advantage of submitting source test data through the ERT is that it w ill provide a standardized method to compile and store much of the documentation required to be reported by th is final rule. Another advantage is that the ERT clearly states what testing information is required. Another important benefit of submitting these data to the EPA at the time the source test is conducted is tha t it should substantially reduce the effort involved in data collection activities in th e future. When the 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 reduc ed manpower to respond to data collection requests) and the EPA (in terms of preparing and distributing data collection requests and assessing the results).***E.O. 12866 Review

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**Page 82**  **of 511** 
State , local , and tribal agencies may also benefit from the more streamlined and accurate review pr ocess created by an electronic 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 data submittal to WebFIRE electronicall y is that these data would greatly improve the overall quality of existing and new emission s factors by supplementing the pool of emissions test data for establishing emission s factor s and by ensuring that the factors are more representative of current ind ustry 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 incorporati on of data f rom most performance tests , the 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 additi on to supporting regulation development, control strategy development and other air pollution control activities, having an electronic database populated with performance test data should save industry, s tate , local , tribal agencies , and the EPA significan t time , money and effort, while***E.O. 12866 Review

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**Page 83**  **of 511**  also improv ing the quality of emission inventories and, as a result, air quality regulations.
**V. Significant Public Comments and Rationale for Changes to the**  **Proposed Rule** This section contains a summary of major comments and
responses , and rationale for changes made to the proposed rule
. The EPA received many comments covering numerous topics. The EPA’s responses to those comments can be found either in this preamble or in the National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production: Summary of Public Comments and Responses , in the PVC docket (EPA

- HQ

- OAR

- 200 2

- 0037 ). A. Affected sources
Comment:

Comment [A6]: Does this belo ng here or in the response? Two commenters requested clarification on the applicability of EPA’s definition of “new source.” One commenter pointed out that if a PVC manufacturing company w ere planning to commence construction of a new line, based on the proposed rule, the new line would trigger "new source" requirements regardless of the magnitude of hazardous air pollutants (HAP) emissions. We believe that we have adequately addressed the concerns raised by the commenter by the way we have revised the definition of a new affected source because the addition of a PVCPU does not necessarily trigger a new affected so urce.***E.O. 12866 Review

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**Page 84**  **of 511**  Response:

U nder the proposed rule, the affected source was each PVCPU, but a PVCPU was defined to include all equipment connected by s hared piping, including equipment that is typically shared by multiple units, such as heat exchangers and wastewater treatment systems. By defining a PVCPU in this
manner, according to the commenter the rule could be interpreted to mean that a change to an y existing PVCPU such that it becomes subject to new source requirements or the addition of a new PVCPU could require existing affected sources also to comply with the more stringent new source standards . For example, if the facility chose to comply with t he emission limits for the new PVCPU unit using an existing control device that also controlled emissions from other existing PVCPU, then all the In the proposed rule, the affected source was defined as each individual PVCPU, and a new affected source was a PVCPU for which construction commenced on or after May 20, 2011, at a major or area source. The proposed rule also required that, if components of an existing affected source were replaced such that the replacement met the definition of reconstruction in 40 CFR 63.2 and the reconstruction commenced on or after May 20, 2011 , then that existing source becomes a reconstructed source and is subject to the relevant standards for a new affected source.***E.O. 12866 Review

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**Page 85**  **of 511** 
PVCPU routing to that control device would have to meet the new source emissions limit because there would be no way to differentiate the streams at the control device. Because it might not be technically possible for existing PVCPU to meet the new source requirements, the alternative would be to construct dedicated controls or supporting process equipment for new

sources. The same situation would apply to other shared equipment, such as heat exchangers and wastewater treatment. We did not intend such a result when we proposed the definitions of affected source and new source in section 63.11870. In light of the comments received, we are modifying the affected source definition to avoid the unintended results identified by the commenters with regard to the requirements for

new sources. In the final rule, the existing affected source is the facility

- wide collec tion of all PVCPU s, storage vessels, surge control vessels, heat exchange systems, wastewater, and process wastewater treatment systems that are associated with producing
PVC
. A new affected source i s any one of the following situations:

**•** All PVCPUs, storag e vessels, surge control vessels, heat exchange systems, wastewater, and process wastewater treatment systems that are associated with***E.O. 12866 Review

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**Page 86**  **of 511**  producing PVC and are constructed at a Greenfield facility after May 20, 2011; or that are located at an existing facilit y that did not previously produce PVC prior to the rule proposal but has undergone process changes to start producing PVC.

**•** Reconstructed affected source
. Notwithstanding whether other approaches have been taken in other rules, the PVC NESHAP rule applies to a narrower selection of processes than HON or MON, and we concluded that the affected source and new source definition s in the final rule are reasonable for the PVC industry . These edits clarify the requirements for new and existing sources and any further changes, such as defining threshold limits, are not necessary.

Comment: C ommenters expressed concern about overlapping requirements between the PVC MA CT and other MACT that may be applicable to PVC and EDC/VCM facilities. One commenter requested that promulgation of the PVC MACT be delayed until a consolidated rule can be issued that also addresses EDC/VCM manufacturing facilities because the applicatio n of two separate rules is confusing to the regulated community. Another commenter proposed that the EPA expressly state that PVC vent streams and the centralized thermal oxidizers and ancillary equipment in B . Overlapping rules***E.O. 12866 Review

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**Page 87**  **of 511**  which they are controlled with EDC/VCM vent stre ams not be subject to the requirements of the PVC MACT as long as they are controlled by the HON or other MACT standards because the commenter asserts that the EPA has made similar accommodations to address overlapping and conflicting requirements in previ ous MACT rules. Other commenters requested that the EPA provide overlap provisions for facilities that are already subject to other MACT standards . The commenters stated that affected sources currently subject to other part 63 NESHAP should have the optio n to choose one compliance option for the entire source rather than trying to demonstrate compliance with two separate requirements for the same equipment. One commenter pointed out that the proposed rule could cause regulatory inconsistencies because, for a PVCPU utilizing a control device system already regulated under another part 63 MACT ( e.g. , HON), that control device would have to meet two different standards ( i.e. , HON MACT and PVC MACT)
. One commenter proposed that the EPA should provide an option in the final rule that would allow the owner/operator to continue to comply with the existing 40 CFR part 63, subpart FFFF, the M iscellaneous O rganic C hemical M anufacturing (MON)
MACT in lieu of the PVC MACT rule if greater tha n 50 percent of the heat input or the organic HAP vent flow to a “shared”***E.O. 12866 Review

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**Page 88**  **of 511**  emission control device are from facilities that are subject to the MON MACT
. Response : In response to several of the comments, the final rule contains two subcategories for process vents: PVC

- only process vents and PVC

- combined process vents. Although this rulemaking is not consolidated with a rule for EDC/VCM production in the manner suggested by the commenter, the PVC

combined process vents subcategory addresses the concerns
expre ssed. The process vent standards in the final rule for combined streams, e.g. , from PVC and EDC/VCM, are based on and

are consistent with emission testing conducted by the PVC and EDC/VCM industr ies in response to our CAA section 114 request s of PVC, VCM a nd EDC facilities
. Our decision to set limits for the two process vent subcategories is further discussed in
S ection V.D of this preamble. If a PVCPU utilizes a control device already subject to another Part 63 MACT rule such as the SOCMI HON, then the facility must meet standards
. We dis agree with the commenters that requested the final rule should clearly state the governing rule when regu lations overlap. If an emission point is subject to both the PVC NESHAP and other NESHAP because emissions from two source categories are vented to the same control device, both standards apply
. M ultiple standards applicable to one emission point for the s ame***E.O. 12866 Review

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**Page 89**  **of 511**  pollutant are not necessarily “conflicting” or “inconsistent
. ” In some standards, the EPA has allowed compliance with another overlapping standard where that other overlapping standard was determined to be at least as stringent . However for this rule, i t would not be appropriate to state that sources automatically or optionally may comply with another NESHAP in lieu of the PVC NESHAP because the requirements of the other NESHAP may be less stringent than the PVC NESHAP, including its MACT floor

- based
st andards. If the EPA were to allow sources to meet the requirements from overlapping, but potentially less stringent rules in lieu of the PVC standards, there is the possibility that PVC facilities would not meet the MACT floor based standards in this rule. Although we recognize that facilities may be subject to different NESHAP regulations, sources are responsible for ensuring that they comply with all applicable regulations. Many NESHAP regulations provide a wide variety of compliance options, and as such, it would be a difficult task to identify in advance which is the most stringent requirement in each case
. We also disagree with allowing PVC sources to comply with other regulations, such as the MON, instead of complying with the PVC MACT, if 50 percent o f the heat input or vent flow to a control device is from a source regulated by the other standard. Such an approach is unjustified because the emissions***E.O. 12866 Review

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**Page 90**  **of 511**  from the PVC process might not meet the PVC MACT limits and achieve the required HAP reductions ( descr ibed in the previous paragraph).

Comment : One commenter contended that the CAA required that standards be set for individual HAP and that a 2004 District of Columbia Circuit Court decision established criteria that surrogates must meet. The commenter stated that the EPA does not acknowledge this test or provide an argument that total organic HAP satisfies the identified criteria: (1) Target HAP is “invariably” present in the surrogate pollutant, (2) methods to control or capture the surrogate pollutant “indiscriminately” control or capture the tar get HAP and (3) the controls for the surrogate are the “only means” by which facilities “achieve” reductions of the target HAP. Another commenter claimed that

e ach pollutant should have emission limits and proc edures that achieve reduction, instead of maki ng vinyl chloride the surrogate. Another commenter added that the EPA’s failure to set emissions standards for each HAP that PVC plants emit contravenes the CAA and that the EPA must demonstrate that total organic HAP (or total HAP as proposed for stripped resin and process wastewater) is a valid surrogate. One commenter suggested that limits for the individual most toxic and most C . Pollu tants R egulated***E.O. 12866 Review

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**Page 91**  **of 511**  prevalent HAP, as well as the total, should be developed. Another commenter added that the proposed rule only limited vinyl chlo ride in monitoring of leaks, process components and wastewater streams where there are other HAP and toxins present. Other commenters agreed with the proposed rule that total organic HAP is the appropriate parameter for limiting organic HAP emissions and the only workable approach for developing limits that comply with the CAA. The commenters also explained that a total organic HAP limit provides the product flexibility needed by the industry’s downstream customers. The commenters further submitted that se tting standards for each individual organic HAP would not reflect an emission level that is achieved by the best performing facilities in the industry due to the variability in emissions across the best performing facilities, consistent with the Court’s ob servations in the PVC MACT Case. Response: Consistent with section 112(d)(2) and (d)(3), EPA has set standards for all HAP emitted from the major source PVC source category. Contrary to the commenters’ assertion, EPA is not obligated to set a separate M ACT standard for each and every individual HAP emitted by PVC major sources. Rather, a s the Court recognized in Mossville Envt’l Action Now v. Whitman , 370 F.3d 1232, 1242 (D.C. Cir. 2004) (quoting Nat’l Lime Ass’n v
. EPA , 233 F.3d at 637) , EPA has author ity to u se surrogates to***E.O. 12866 Review

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**Page 92**  **of 511**  regulate HAP “if it is reasonable to do so[.]”. EPA has used surrogates, as appropriate, here and set standards for the HAP emitted from the major source PVC source category. As discussed above, the final rule contains emission l imits for vinyl chloride for process vents, stripped resin, and process wastewater at major and area source PVC facilities. We have set separate limits for vinyl chloride, which is an organic HAP, because vinyl chloride is the most prevalent HAP in the PVC source category and is already regulated at PVC facilities under the Part 61 NESHAP . The final rule also contains process vent emission limits for THC, as a surrogate for organic HAP. Further, the final rule contains process vent emission limits for CDD/CDF because unlike the vinyl chloride and other

o rganic HAP emitted from process vents at PVC facilities , CDD/CDF are generated from combustion control of organic HAP from process vents and require separate test methods to be detected and measured. Indeed, CDD/CDF cannot be detected using the test methods available to test for organic HAP. Finally, the final rule contains process vent emission limits for HCl, which is an inorganic HAP th at is generated from the combustion control of organic HAP from process vents. HCl is controlled in a completely different manner than organics and requires separate treatment (usually a scrubber following the Comment [A7]: Same as previous comment

– consider a different word or description.***E.O. 12866 Review

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**Page 93**  **of 511**  thermal oxidizer). As shown below, HCl is als o a surrogate for chlorine. We have limited test data indicating that chlorine may be present in emissions from process vents. The HCl standard will address such emissions, however, to the extent they exist. 1 As noted above, we are finalizing a limit on THC as a surrogate for organic HAP emissions from process vents. THC is an appropriate surrogate, applying the 3

- part “test” cited by the commenter. See Sierra Club v. EPA, 353 F.3d 976, 987 (D.C. Cir. 2004) . First, the target HAP at issue here (i.e., organic HAP) from PVC process vents are “invariably” present in the surrogate (THC), i.e., PVC process vent emissions always contain organic HAP, and the organic HAP are comprised of hydrocarbons that will be measured as THC. Second, methods to control T HC (in this case, a combination of vapor recovery, such as condensers, along with thermal oxidizers for PVC process vents) indiscriminately control the target organic HAP. Finally, the methods to control THC are the only means to achieve reductions of the target organic HAP from process vents that we have identified for this source category. We considered whether changes could be made to the vinyl chloride monomer reaction

1 As discussed in the preamble to the proposed rule, all of the standards for process vents, stripped resin, and process wastewater are in the form of concentration standards.***E.O. 12866 Review

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**Page 94**  **of 511**  process that is used to produce PVC and/or to the chemical inputs to the reaction pr ocess, and we concluded that such changes are not possible without fundamentally changing the PVC product being produced for sale by these facilities. (See discussion below regarding variety of PVC products.) It is indisputable that the controls described above, which are necessary to meet the final emission limits, result in the removal of THC, which means organics are removed as well. Accordingly, we have met the three

- part test identified by the
commenter for surrogacy , as we have shown that THC is an

a ppropriate surrogate for organic HAP from PVC process vents. The three

- part test upon which the commenter relies stems from a D.C. Circuit case that addressed the appropriateness of using particulate matter as a surrogate for non

- mercury HAP. In a differe nt case reviewing the PVC MACT standards issued in 2002, the D.C. Circuit held that EPA has authority to use a surrogate “ if it is reasonable to do so[.]” Mossville Envt’l Action Now v. Whitman , 370 F.3d 1242

- 43. We maintain that THC is a reasonable surro gate for organic HAP based on our determination that for PVC process vents there are always organic HAP in the THC, and PVC facilities will comply with the THC standard by using vapor recovery and thermal oxidization to reduce emissions of THC, which neces sarily and indiscriminately***E.O. 12866 Review

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**Page 95**  **of 511**  will reduce emissions of all organic HAP. Thus, the removal of the THC will remove the organic HAP. Mossville Envt’l Action Now

v. EPA , 370 F.3d 1232 , 1242

- 43 (D.C. Cir. 2004) Similarly, HCl is a reasonable surrogate for chlori ne. Chlorine is present with the HCl, and the methods to control HCl would necessarily capture or control any chlorine that may be emitted by major PVC facilities. In addition, we are not aware of any other controls for the PVC industry that would achieve reductions in chlorine, other than the controls that would be requi red to meet the final HCl limit in this rule. For stripped resin and process wastewater, the final rule includes emission limits for total non

- vinyl chloride organic HAP, as opposed to THC. We were not able to establish a THC limit as a surrogate for or ganic HAP emissions from stripped resins and process wastewater because the data available to the Agency, upon which the standards were based, were from sampling a slurry (liquid), not a gaseous stream which is necessary to collect THC data and to establis h THC limits. Specifically, the data in the record were sampling data taken at the outlet of the resin strippers. The outlet of a resin stripper is the most readily available place to obtain a sample (as opposed to the resin dryer exhaust) and is appropr iate given that we project that all of the HAP in the resin stripper outlet are ultimately Comment [A8]: It would be helpful if you could drop a footnote to a supporting document that indicated this was the case.***E.O. 12866 Review

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**Page 96**  **of 511**  emitted from downstream processes (e.g., resin dryers). However, at the outlet of the stripper, the resin is in either a slurry (liquid) or dry (solid) form, as oppo sed to a gaseous stream, as is the case for process vents. There are no test methods available to determine levels of THC in a liquid or solid phase. Accordingly, we had no basis on which to set a THC limit and we therefore established limits for vinyl ch loride and total non

vinyl chloride organic HAP from stripped resin and process
wastewater. However, the c ontrol approaches used to meet the total non vinyl chloride organic HAP emission limit s are the same as those used to reduce emissions of individual o rganic HAP species. Specifically, because total non

- vinyl chloride organic HAP is comprised of many individual organic HAP, the reduction of total

non - vinyl chloride organic HAP by means of a resin stripper (for resins) and a wastewater stripper (for wast ewater) will likewise reduce the target individual non

- vinyl chloride organic HAP. Further, we are aware of only one means to control organics from resins and process wastewater for this source category and that is through the use of a stripper, which ind iscriminately controls all organics, and we are not aware of any other control that would indiscriminately capture all organics from resins and process wastewater. Accordingly, we believe it is reasonable to***E.O. 12866 Review

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**Page 97**  **of 511**  set a final limit for total non

- vinyl organic H AP from resins and process wastewater. Moreover, as some of the commenters recognized, a total

non - vinyl organic HAP limit is particularly appropriate given the unique nature of this industry. We set th e total non

- vinyl chloride organic HAP MACT floor l imit for stripped resin and process wastewater on specific information provided to the EPA from stripped resin and process wastewater sampling conducted by each company in response to our August 21, 2009, CAA section 114 information collection request of t he PVC industry . In evaluating approaches to setting standards based on the stripped resin and process wastewater data, the EPA received uncontroverted information that a PVC facility can and often does produce many different grades 2

2 “Grade” of PVC resin is more specific than “type” of PVC resin. See definitions in subpart HHHH HHH. of PVC resin, each hav ing different characteristics based on a different chemical formulation and production recipe s and consequently different organic HAP emission profile s, and that different grades can be produced on a daily basis . PVC facilities produce a particular grade o f resin according to the needs of their customers and their own business decisions, and based on information provided to the EPA by industry , we conclude that the organic HAP emitted necessarily varies depending on the particular grade of resin***E.O. 12866 Review

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**Page 98**  **of 5**  **11** produced
. In fact, according to one commenter, a particular facility may produce up to a 100 grades of different resins, sometimes producing different resins within a single 24

- hour period. Given the large number of resins that may be produced by a particular facil ity, the associated diversity of chemical formulations and production recipes for these different resin grades, and the resulting differences in organic HAP emission profiles coupled with the fact that the c ontrol approaches used to meet the total non - vinyl chloride organic HAP emission limit s

are the same as those used to reduce emissions of individual organic HAP species and are the only means of achieving such reductions , we are finalizing total non - vinyl chloride organic HAP standards for stripp ed resin and process wastewater at PVC production facilities. These standards together with standards for vinyl chloride directly limit all organic HAP from PVC stripped resin and process wastewater , as reported in test/sampling data available to the EPA. In response to comments, we created five subcategories in the final rule for stripped resins. If, as some of the commenters suggest, we were to set individual organic HAP limits, industry would likely argue that we would have to consider setting standard s for a prohibitively large number of subcategories, perhaps as many as there are grades of PVC resin,***E.O. 12866 Review

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**Page 99**  **of 511**  to ensure that facilities producing grades of PVC resin with incompatible reaction processes and/or chemical inputs were not grouped in an inappropriate manner. In the final rule, we established the additional subcategories in response to comments where we found data in the record to support such subcategorization. Without extensive additional data from industry detailing each of the resin grades they pr oduce, by facility, with attendant emissions information, we are not in a position to evaluate whether additional subcategories are appropriate. As such, we have no basis to establish additional subcategories on this record. Setting a total non

- vinyl chl oride organic HAP limit accounts for the unique nature of the industry and the multiple grades of resin produced, sometimes on a daily basis, and the variability inherent in such process. As explained previously, we are establishing THC as a surrogate fo r controlling all organic HAP other than vinyl chloride and CDD/CDF from process vents. However, as a compliance alternative in the final rule, facilities may comply with an equivalent total organic HAP emission limit in lieu of the THC limit for process v ents. Such an alternative is appropriate for process vents for the same reasons that total

non - vinyl chloride organic HAP limits are appropriate for stripped resins and process wastewater, as discussed above. (See***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 100**  **of 511**  preamble section III.C for further discuss ion on the emission limits we are establishing.) We also note that the approach of setting total organic HAP limits for process vents (or total

non - vinyl chloride organic HAP limits for stripped resins and process wastewater) is consistent with the approac h in other
NESHAP , such as 40 CFR part 63, subpart FFFF (the MON) , which ha s been successful in limiting , not only total organic HAP , but also individual organic HAP. Finally, o ne commenter incorrect ly states that the EPA set only vinyl chloride limits for monitoring of leaks, process components and wastewater streams . As explained above, the EPA set limits for pollutants, including but not limited to vinyl chloride, emitted from process vents, stripped resins and process wastewater. The commenter incorrec t ly states that the equipment leak and heat exchanger standards have only a vinyl chloride limit. In the final rule, a pplicability of the equipment leak work practice standards is determined based on whether the equipment is in HAP service. In HAP service means that a process component (including equipment) 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. Additionally, all equipment leak standards are based on determining VOC le aks from equipment using EPA’s Method 21 and fixing leaks that are***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 101**  **of 511**  detected . VOC (and vinyl chloride) are present throughout the PVC process. As such, if you identify a leak of VOC or vinyl chloride, fixing that leak necessarily will eliminate the VOC or vinyl chloride emissions and any other HAP emissions
. Thus, VOC and vinyl chloride are markers that are indisputably present in all PVC streams. A HAP

- specific leak definition is not possible because Method 21 detects VOC, not individual compounds. For he at exchange systems, based on comments received, we are including in the final rule a vinyl chloride leak action level and monitoring requirements because vinyl chloride is always present along with other HAP when process material leaks into cooling water, and therefore, detection of vinyl chloride and repair of the leak will control the leak for all HAP. However, because some facilities already have programs in place to detect total strippable VOC in cooling water, we are also providing that as an option f or detecting leaks into cooling water. Here, the same principle applies in that, controlling the VOC leak will in turn control HAP that leak into the cooling water. Thus, irrespective of whether a source monitors for VOC or VC, the result is the same: c ontrolling any such identified leak will, in turn control any HAP that leak into the cooling water. Finally, with respect to the commenter that suggested that limits for the individual most toxic and most prevalent HAP***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 102**  **of 511**  should be developed , the commente r fails to recognize that EPA has authority to use surrogates to address HAP. EPA has appropriately identified the HAP emitted from the PVC source category and set standards for those HAP, including using surrogates where appropriate
. Comment : Several com menters raised issues with the term

“ HAP ” and related terms , such as “ TOHAP ” and “ total HAP. ” Two commenters stated that , though the EPA refers to sampling and specific limits for HAP and organic HAP, there is no definition of HAP, organic HAP , or total or ganic HAP provided fo r process vents, stripped resin , or other emission sources . Two commenters stated that these subsets of HAP should be restricted and defined because the PVC manufacturing process does not have the potential to emit the entire list of H AP designated by the CAA. Another commenter requested that a subset of the complete list of total organic HAP be defined specifically for suspension type process facilities. Two commenters submitted a subset of the complete list of organic HAP that they be lieve is appropriate to define in the rule. The commenters submitted 19 HAP that should be subjected to a stripped resin limitation through the total organic HAP approach and 11 additional HAP that were not detected, but were analyzed and reported as non

- detect.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 103**  **of 511**  Response : The term “hazardous air pollutant” (HAP) is defined in 40 CFR 63.2 as “any air pollutant listed in or pursuant to section 112(b) of the Act”. It follows directly that “total non

- vinyl chloride organic HAP” me ans all organic HAP except vinyl chloride
. The terms “organic HAP” and “total organic HAP” are commonly understood terms meaning HAP that are carbon based, individually or in total, respectively. In the proposed rule, we did not limit the definition of
tot al organic HAP for process vents to a specific set of organic
HAP or total HAP for stripped resins and wastewater to a specific set of total HAP that are emitted by the PVC industry. Part of our intent through the issuance of the required process
vent test ing and resin sampling under our CAA section 114 authority was to obtain data on which HAP were in fact used, produced, and/or emitted from PVC production facilities. We have considered the commenters ’ suggestions on requiring compliance based on a subset of HAPs, i.e. , those HAPs that have the potential to be emitted from PVC facilities. Based on our analysis of the process vent testing data, resin sampling data , and responses to our August 21, 2009 , CAA section 114 information collection request , we recognize that the industry does not emit all HAP, but rather only a subset of HAP , primarily organic HAP , as discussed above
. W e reviewed the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 104**  **of 511** 
commenters' list s of HAP for stripped resin and compared those list s to the sampling data submitted. We conf irmed that PVC stripped resin and process wastewater has been shown to contain or may contain 30 of the HAP listed under section 112(b) of the CAA, in addition to vinyl chloride, and so we are requiring facilities to analyze, at a minimum, those 30 organic HAP and vinyl chloride, in both stripped resins and process wastewater samples. Although these 3 0 HAP are all the organic HAP we identified in the data available to the EPA, it is not appropriate to set individual HAP limits because the combination and qu antity of each of these 30 HAP vary depending on the wide variety of resin grades produced within the PVC industry . As discussed previously, it would be impractical to set individual
HAP limits specific to the potential large number of subcategories that w ould be necessary to account for the more than 100 different resin grades produced We are also requiring facilities to develop a facility

specific list of HAP for both stripped resins and process wastewater. The facility

- specific list of HAP must include all HAP expected to be present in stripped resin and process wastewater samples, inc luding any HAP not listed in table 10 of the final rule. Our analysis is documented in the memorandum, ”Analysis of HAP in Stripped Resins and Wastewater for the Final***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 105**  **of 511**  PVC Rule.” Under this final rule, to meet the stripped resin and process wastewater tota l non

- vinyl chloride organic HAP emission limits, you must test for those 30 HAP that are known to possibly be present in the PVC production process based on all the data available to the EPA, and in addition, sources must test for HAP beyond those 30 that facilities are aware of based on the resin grades they produce. We are including those compounds to ensure that they would be included in the facil ity’s calculation of total non

- vinyl chloride organic HAP should those compounds become present in the process in detectable quantities. For process vents, demonstrating c ompliance with the THC limit does not require testing based on a list of specific HAP as EPA Method 25A measure s total hydrocarbons and not speciated
HAP.
D . Subcategories
Comment : Two commenters contended that the EPA should use data from stand

- alone PVC facilities to establish the process vent emission limits. Another commenter asserted that the agency recognized that it was important to set standards based on PVC

only vent gas flows and required industry to isolate and burn
PVC

- only vent streams at co

- located facilities. The commenter added that thermal oxidizers at stand

- alone EDC/VCM plants or***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 106**  **of 511** 

co - located with PVC plants tend to be much larger than those at stand

- alone PVC units. The commenter stated that t o produce data in response to the CAA section 114 testing required for PVC facilities , large volumes of natural gas were burned to t reat the small PVC

- only vent streams to make up for the other streams, such as EDC or VCM, that had been tied off as instructed by the section 114 survey , resulting in a non representative emission profile. The commenter noted that the Vinyl Institute Work ing Group submitted to the EPA a list of facilities (stand

- alone PVC plants) that it believes is appropriate to use in setting the MACT floor for process vents. Response: This final rule contains two subcategories for process vents: PVC

- only process vents and PVC

- combined process
vents. In response to comments submitted by the industry and others, based on our review of those comments and a subsequent review of the testing data submitted in response to our August 21, 2009 CAA section 114 information collec tion request for the PVC industry, we determined that there are significant differences in the size and type of process vents that originate from PVCPU and process vents from PVCPU that are combined with process vents from other source categories, such as EDC/VCM or other HON sources, prior to control. The differences in the HAP concentrations in the process vent streams arise from the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 107**  **of 511**  fundamental differences in the products , unit o perations and the manufacturing process of t he source categories that are typically co

- located with and/or that share a control device with a PVC affected source. Examples include EDC and VCM manufacturing processes, which are commonly co

- located with a
PV C production process and manufacture the primary raw materials (ethylene dichloride is used to produce vinyl chloride monomer) used in the production of PVC resin. Additionally, the average control device volumetric outlet flow rate is 2,100 percent greate r for process vents from PVCPU that are combined with process vents from other source categories compared to process vents that originate only from PVCPU, a significant difference in size. Therefore, in the final rule, we have established two subcategories for process vents: PVC

- o nly and PVC

- c ombined. PVC

o nly process vents comprise process vent streams that originate solely from a PVC affected source. We agree with commenters who suggested that the testing conducted using large volumes of natural gas to tr eat these small PVC

- only vent streams did not produce a representative emission profile
. Therefore, we did not include those test s results to determine the PVC

- o nly MACT floors for process vents. PVC

- c ombined process vents comprise process vent streams tha t originate from a PVCPU and that are combined or are co

- controlled with process vent streams that***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 108**  **of 511**  originate from other source categories , such as EDC or VCM production processes. Details on the determination of MACT floors and limits for process vents are documented in the technical memorandum, Revised Maximum Achievable Control Technology ( MACT ) Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category , which is available in the docket.
Comment : Two commenters contended tha t PolyOne's vent gas absorbers are recovery devices and not control devices because they capture and recycle vinyl chloride back into the production process, rather than treating it as a waste . The commenters added that , because PolyOne's vent gas absorbers do not operate at elevated temperatures or combust the vinyl chloride , they do not result in the formation of additional HAP or generation of unwanted by

- products, such as CDD/CDF and greenhouse gases. The
commenters c ontended that the proposed MACT would require backup thermal oxidizers to be used continuously. The commenter added that large amounts of energy will be consumed and greenhouse gasses emitted in an effort to control a tiny amount of VOC. The
commenter conc luded by arguing that consideration should be given to the overall air impact of operating backup thermal oxidizers continuously.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 109**  **of 511**  Another commenter stated that the flow rate out of PolyOne's absorbers is two orders of magnitude less than the emissions flo w rate from control device technology that includes thermal oxidizers and scrubbers combined. The commenters stated that t he proposed MACT should take emissions rates into consideration and not solely rely on emissions concentrations when establishing limi ts for recovery devices. One commenter added that for sites equipped with vent gas absorber recovery technology, thermal oxidizers are necessary only in the event of an outage or malfunction with the operation of the vent gas absorbers to ensure that any v inyl chloride , which is not recycled back to the process , is destroyed. Response: The rule contains emission limits for process vents that apply at the point where the gaseous stream is released to the atmosphere. While we recognize that a vent gas absorbe r at the commenter’s facilities recover vinyl chloride, those absorbers also have stacks that emit to the atmosphere and would therefore be subject to the process vent limit. The rule does not require that affected sources use a specific control or

recover y device to meet the process vent limits, and the final emission standards are not based on whether a vent gas absorber is classified as a recovery device or control device. An affected source may use any control device to reduce the process***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 110**  **of 511**  vent emissions to meet the required limits. We considered setting alternative formats for the process vent emission limits. However, we did not have sufficient information provided from industry on process vent stream flow rates and concentrations to develop or evaluate other formats, such as mass emission rates.
Comment: Many commenters contended that the EPA should further subcategorize resins. One commenter stated that EPA should recogniz e that resin recipes, production processes and equipment required for end product utility , govern the emissions and the ability to strip each type of resin. The commenter stated that the data provided by the Vinyl Institute demonstrate the differences between production processes and PVC morphology and particle size of the PVC products manufactured. The commenter added that these differences equate to differences in ability to steam strip the resin of vinyl chloride, among other things. Several commenters stated that copolymer resins are a completely different chemistry from homopolyme r resins and should be regulated through their own subcategory. The
commenters requested that EPA subcategorize stripped resin by differences in chemistry (co

- monomers), raw material inputs,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 111**  **of 511**  process equipment, resin types and grades or other factors, provi ded such subcategorization is reasonable. One commenter objected to the agency’s proposal to subcategorize resins as “bulk” and “dispersion,” with all other resins, including copolymers, suspension blending and suspension resins relegated to an “other res in” subcategory. The commenter stated that the EPA’s proposed subcategorization scheme is textually inconsistent and will likely cause regulatory confusion within the industry. The commenter stated the agency’s proposed subcategories ignore critical differ ences in processing equipment, material inputs and resin morphology that have a critical and differentiating impact on the HAP profile of the various resins. The c ommenter contended that, at a minimum, the EPA should organize stripped resin limits along th e following subcategories for homopolymers: Suspension, dispersion, bulk and blending ; and for copolymers: Suspension, dispersion, blending and solution. The commenter added that by definition, “copolymers” were considered distinct enough from polyvinyl

c hloride polymers that the EPA used the conjunctive “and copolymers” to describe the source category being addressed here. One commenter added that the EPA should subcategorize copolymers by the resin type because they are capable of being***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 112**  **of 511**  manufactured in different processes (suspension, dispersion and solution) that present completely different HAP emission profiles. The commenter stated that t he general class of copolymers requires differentiation from the homopolymer category. The commenter added that w i thin this copolymer class there are different resin types (suspension, dispersion, blending and solution) that require subcategorization similar to homopolymers. The commenter continued that f or each resin type, however, the choice of co

- monomer creates di fferent HAP profiles affecting the HAP analyzed ; c o - monomers are chosen, based on the end product characteristics specified by the customer. The commenter added that the vinylidene chloride copolymer is a highly crystalline polymer, making the removal or s tripping of vinyl chloride from the resin more difficult than typical PVC polymers. The commenter stated that, to require its facility to meet this proposed standard for all other resins, is technically infeasible, based on the unique chemistry used.
Seve ral commenters contended that dispersion resins should be regulated separately from suspension blending resins. The commenters stated that dispersion resins and suspension blending resins should be included in the MACT as their own categories due to the ve ry different nature of both the manufacturing technologies used and the resins produced. The commenter added***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 113**  **of 511**  that suspension blending resins are a type of specialty resin used in flooring, automotive interiors and synthetic leather products. The commenters stated that the proposed MACT does not specifically address suspension blending resins, leaving this class of resin manufacturing unclear. Further, for the same reasons discussed for dispersion resins, the commenters contended that suspension blending res ins require a separate subcategory under the proposed MACT . The commenters asserted that suspension blending resins have very different characteristics than generic suspension resins, including smooth surfaces and different particle sizes of distribution, all of which present different challenges when stripping vinyl chloride from a different resin. One commenter added that the previous 30

- day data submitted pursuant to the EPA's CAA section 114 request for PVC facilities

were not representative of blending PVC resin alone. The commenter stated that t he data were for suspension , including suspension blending PVC resin. The commenter asserted that samples for regular suspension resin were composited with blending PVC resin samples to get one daily suspension analysis rather than analyzing the samples separately. The commenter stated that b oth categories react to steam stripping quite differently and truly are different products. One commenter***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 114**  **of 511**  submitted data to support their assertion that suspension blending P VC resin , because of its unique morphology, could not possibly be stripped to the levels proposed for suspension general purpose resin. Two commenters argued that further subcategories of suspension resins should either be established

or considered . One co mmenter requested that the EPA subcategorize the emission limits for the “other resin” category into the following subcategories: Low molecular weight (LMW), high molecular weight ( H M W ) and general purpose. Response : In the proposed rule, limits were developed for new and existing sources for three subcategories of PVC resin: (1) B ulk resin, (2) dispersion resin , and (3) all other resins. Based on our review of the public comments and our concurrent review and analysi s of the additional data on the vinyl chloride concentrations in stripped resins submitted by the PVC industry, we determined that the data clearly show that there are significant differences in the concentrations of vinyl chloride and other HAP that remai n in the various types of resins following stripping. The differences in the concentrations of vinyl chloride and other HAP that remain in the various resin types are a direct consequence of several factors related to the overall process to produce each re sin type. These factors include: the different raw materials necessary to produce each***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 115**  **of 511**  resin type, the unique process chemistry required to produce each resin type, the process conditions required to produce each resin type, and differences in the morpholo gy of the resin particles following polymerization. The current technology that is used to remove residual vinyl chloride and HAP from polymerized resin is steam stripping. The conditions under which steam stripping is performed are unique to the resin typ e being produced and the ability to strip, or remove the maximum amount of residual vinyl chloride and HAP from the resin types , is constrained by the resin morphology, product quality, and customer end

- use requirements. The different resin types all diffe r in morphology, particle size, and porosity , which all affect the ability to remove residual, or unreacted vinyl chloride monomer and other HAP from the resin matrix. F or a steam stripping unit that is operating as designed to remove the maximum amount of residual vinyl chloride and HAP from polymerized resin, simply adding more steam to that unit may result in some additional removal of vinyl chloride and other HAP, but the additional heat from the steam will degrade the resin and thus negatively affect t he resin quality such that it will not meet customer or performance specifications. Therefore, for the final rule, we are responding to the comments and information submitted to the EPA by dividing the limits for***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 116**  **of 511**  stripped resins into two general groupings: (1) H omopolymers and (2) copolymers. Homopolymer resins are further divided into four subcategories: (1) Suspension resin, (2) dispersion resin, (3) suspension blending resin and (4) bulk resin. Some commenters suggested further subcategorizing copolymer resins; however, the data submitted by industry to the EPA did not include sufficient specificity that would allow developing additional subcategories of copolymer resin types. Therefore, c opolymer resins are not further subcategorized in the final rule. O ther commenters suggested additional subcategories based on molecular weight, grade, and other physical properties. However, we did not develop additional subc ategories for various resin grades ( e.g. , low molecular weight (LMW), high molecular weight (HMW) , or general purpose) because this could have potentially resulted in hundreds or thousands of resin subcategories, each with its own MACT analysis , making such an approach impractical to establish and administer
.

Following proposal, industry submitted additional data and information on several emission sources: (1) Process vents, (2) stripped resins, (3) process wastewater and (4) gasholders. For process vents, stripped resins, and process wastewater, we received a dditional data for organic compounds and HCl. Metal E . MACT Floor C alculation***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 117**  **of 511**  HAP are not present in the PVC production process. The post

proposal data submittals are available in the docket. The data were used to revise the MACT floors and impacts.

Pro cess Vents 1. Additional Data Submitted

Industry provided data clarifying which PVC facilities are

co - located with EDC and VCM production or other source categories and which facilities are stand

- alone PVC producers. Industry also provided clarification of the conditions ( e.g. , perce ntage contribution of the PVCPU to the total process vent stream) during stack testing conducted in response to our August 2 1 , 20 09 , CAA section 114 survey and testing request sent to PVC companies . Industry identified which facilities typically co

control non - PVC streams. The EPA also received results of emissions tests conducted for EDC and VCM production facilities , some of which are co

- located and co

- controlled with PVC production facilities , as required by our March 16, 2011 CAA section 114 survey and testing request for VCM/EDC production companies
. The CAA section 114 request required that emission data be collected by testing the VCM/EDC process vents for vinyl chloride, dioxin/furan and THC emissions. The results of emissions tests from the co

- locat ed and co

- controlled facilities included data for PVC

- combined process vents (e.g. any VCM/EDC***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 118**  **of 511**  process vent that also contains a PVC process stream) that were included in the MACT floor analysis for PVC

- combined process
vents . Stripped Resin Industry provided a database containing 4 years of daily average vinyl chloride concentrations in stripped resins, determined by using EPA Method 107 for all but two PVC production facilities. The provided database contained information for four specific r esin types: (1) Suspension, (2) dispersion, (3) suspension blending and (4) vinyl acetate copolymer (VACO). Industry also submitted an updated 30

- day resin sampling concentration database for total HAP, based on using various EPA
SW

- 846 Method s and provi ding additional specificity on resin types and corrections to previously submitted data ; VACO and suspension blending data were separated from dispersion and suspension data, respectively. Another commenter submitted new vinyl chloride and total organic HA P data for suspension blending resin as a result of additional sampling and testing performed by the company independent of the EPA's CAA section 114 request for the PVC production industry. Additionally, results that were reported as composites of
two or more resin types were identified by resin type, and***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 119**  **of 511**  previous results from the OxyVinyls suspension plants that were indicated as a reporting limit were changed to non

- detect. Vinylidene/vinyl chloride copolymer concentration data from Dow Chemical were als o added to the database.
Wastewater Commenters submitted approximately 1 year of vinyl chloride concentration data at the outlet of wastewater strippers for nine PVC production facilities. All concentrations were obtained using EPA Method 107. The data w ere provided on a varying basis across facilities ( e.g. , daily, weekly, monthly).
G asholders In response to industry comments, we requested and received annual emissions estimates for small and large sized gasholders. In addition to submitting comments r egarding suggested control and work practice options for gasholders, industry also provided estimates of the capital cost and emission reductions for work practices that could be used to reduce emissions from gasholders, i.e. , using floating objects. Equip ment leaks At proposal, 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 reported in the responses***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 120**  **of 511**  to our August 21, 2009 s ection 114 information collection request . 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. Therefore, we proposed 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.
Du ring the comment period, one of the facilities that had responded that they complied with subpart UU of 40 CFR part 63 (Shintech Freeport), stated that the survey response was in error, and the facility is actually complying with the equipment leak require ments of 40 CFR part 61 , s ubpart V. This change results in a revision to the MACT floor for existing major sources, which is discussed in S ection V.E.2 of this preamble. 2. MACT Floor Revisions In the final rule, we revised the MACT floor

- based emission li mits for process vents, stripped resins and wastewater , as discussed in the technical memorandum, Revised Maximum Achievable Control Technology ( MACT ) Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category , which is available in the docket.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 121**  **of 511** 
Process Vents In the final rule we calculated the MACT floors for the two process vent subcategories, PVC

- only and PVC

- combined, accounting for variability using the Upper Predictive Limit (UPL) calculation. At proposal, a 99

- percent UPL calculation was used where the m value (representing the number of test runs used in the compliance average) was 30 for the THC compliance limit option. For the final rule, we changed the m value to 3 because 3 THC test runs using EPA Method 25 A will be performed over the 5 year period with which compliance will be averaged. Therefore, an m value of 3 for the THC UPL calculation is appropriate. In the final rule, we revised the procedure for identifying a representative method detection level ( RDL) for vinyl chloride, HCl, CDD/CDF , THC, and total organic HAP for PVC

- only and PVC

- combined process vents
. At proposal, we determined the
RDL by identifying the highest test

- specific MDL reported by the top 5 best

- performing facilities for each polluta nt in each subcate g ory that was also less than the calculated average emission concentration of those top 5 best

- performing facilities
. For the final rule, the RDL for vinyl chloride and total organic HAP was determined by identifying the available report ed***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 122**  **of 511**  pollutant

- specific MDL values for the top 5 best

- performing units regardless of any subcategory. However, the data set of reported pollutant

- specific MDL values include d MDL values only from reference methods for New Source Performance Standards (NSPS) and NESHAP rulemakings since they are the established compliance method s for air pollutants and have a more robust quality assurance procedure. For our August 21, 2009 CAA section
114 testing request, other test methods besides reference methods for NSPS/NESHAP (i.e., Method 0031) were used to account for all the possible HAP that could potentially be emitted from process vents. Emission d ata collected as a result of perform ance testing with non

- reference methods for NSPS/NESHAP

were used in the MACT floor analyses since the resulting values could be measured using reference m ethods. From that combined pool of MDL data, we calculated the arithmetic mean value. We then called the resulting mean of the MDL values the RDL. For HCl and CDD/CDF we used RDL values based on data collected for several hundred Method 26A and Method 23 emissions tests from various industries, a much larger data set than the one compiled only from PVCPU testing. The RDL values calculated from the larger data sets are more representative of the inherent measurement variability both within and between testing companies. The RDL values were determined by the same procedure***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 123**  **of 511**  described above for vinyl chloride and total organic HAP. All of the available reported pollutant

- specific MDL values for the best

- performing facilities regardless of any subcategory were identified and an arithmetic mean was calculated from the resulting data set and determined to be the RDL. For THC we determined that the RDL for Method 25A for a 10 ppm propane span would be 0.5 ppm propane. We arrived at this RDL by surveying the typical flame ionization analyzers in use by the testing community and evaluating the required method criter ia in Method 25A. The survey of the instruments yielded several vender stated instrument detection limits from 0.01 to 0.5 ppm as carbon with one independent third party degermation of 0.8 ppm as carbon. In addition, several instruments ' minimum reportable resolution is 0.1 ppm as propane. The method criteria allows for a 3 percent zero and span drift during performance runs and an initial criteria of 5 percent of the calibration gas. The sum allowable calibration error and drift would be approximately 0.47 5 ppm as propane (using a 3.5 ppm propane span gas), which would be higher than the instrumental detection limits. For vinyl chloride, HCl, CDD/CDF , THC and total organic HAP, t he MACT floor emission limit was compared to 3 times the
RDL . As in the propos ed rule, if 3 times the RDL was greater***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 124**  **of 511**  than the calculated MACT floor emission limit, we concluded that the MACT floor emission limit does not account entirely for measurement variability and , therefore, we used the value equal to 3 times the RDL in place of the calculated MACT floor emission limit. The variability analysis conducted for the final rule is contained in the memorandum titled Revised Maximum Achievable Control Technology ( MACT ) Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category , and is available in the docket. Stripped Resin Vinyl chloride and total HAP limits for stripped resins were calculated at proposal using a 99

- percent UPL calculation and 30 days of vinyl chloride and other HAP data from all facilities that conducted resin sampling and analysis as part of our August 21, 2009, CAA section 114 information collection request for the PVC industry. In developing the proposal, we requested sourc es subject to the CAA section 114 request provide information on the residual compounds in the resin leaving the stripper on a mass

- basis. After the mass

- based sampling results were submitted to us, the Vinyl Institute, on behalf of the PVC industry, provi ded a database of the concentration values that were used by the facilities to convert their concentrations to

mass - based values. For the proposed rule, we calculated limits***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 125**  **of 511**  for dispersion resin, based on the reported mass

- based values for each HAP present in the resin, which we then converted to concentrations, based on dispersion resin production. The proposed limits for all other resin types ( i.e. , suspension resin) were calculated, based on the originally measured vinyl chloride concentration values tha t were reported by each suspension resin facility and compiled into the concentration database that was supplied to us by the Vinyl Institute. The limit for bulk resin was calculated using the vinyl chloride and other HAP concentrations provided by the sin gle bulk resin manufacturing facility in their response to the CAA section 114 request for the PVC industry. Variability was not assessed in the calculation of the limit for bulk resin because the data for vinyl chloride and total organic HAP consisted of one unique value each. We received numerous comments on our approach at proposal for calculating stripped resin limits, which included comments on the subcategories, the use of mass

- based values for determining the limits for dispersion resin, the use of vinyl chloride concentration data collected via EPA Method 107 in calculating a total organic HAP limit where a different test method was used for other non

- vinyl organic chloride HAP, our approach for accounting for variability in the stripped resin***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 126**  **of 511**  limit s and the m value in the UPL calculation for both vinyl chloride and total organic HAP. During the public comment period, the Vinyl Institute provided us with an updated database, as described above, of the vinyl chloride and other HAP concentration values that were measured as the resin was exiting the stripper(s) and that were not then converted by the facilities to mass values. We also received supplemental resin sampling data from one PVC facility ( PolyOne ) and further information regarding their previ ous data submittals. In consideration of the comments received and our subsequent review and analysis of the submitted data, we made several changes to the limits for stripped resins. No additional data were provided from the single bulk resin manufacturer , so the final limits for bulk resin were recalculated only to remove vinyl chloride from the calculation for the total non

- vinyl chloride organic HAP limit. Variability was not assessed in the calculation of the limit for bulk resin because the data for

v inyl chloride and total HAP consisted of one unique value each. For the final rule, we used the original concentration values, as measured during the required emission testing of our August 21, 2009, CAA section 114 information collection request, and anal yzed it as the basis for setting the MACT floors for suspension, dispersion, suspension blending, and copolymer***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 127**  **of 511**  resin. This provided a consistent basis to compare concentrations of vinyl chloride and other HAP and calculate limits on a consistent basis. At proposal, the vinyl chloride limits for all subcategories except for bulk resin were calculated using data obtained from EPA SW

- 846 Method 8260B and a representative detection limit analysis was performed, based on those data. For the final rule, vinyl ch loride limits were determined by using the 99.9 th percentile and based on 4 years of vinyl chloride concentration data that were obtained by sampling using EPA Method 107 and provided by the Vinyl Institute. As stated in the proposal preamble, a UPL is an appropriate statistical interval for use in determining the emission limit as it incorporates observed variability in the sample for the source category. For this rule, we used the 99.9 th percentile as the emission limit instead of the UPL. We evaluated t he data using both the 99 th percentile and the 99.9 th percentile and determined that the 99.9 th percentile (and not the 99 th percentile) more accurately accounts for the variability in the data set. The change in methodology was appropriate because the 4

- y ear data set was sufficiently large ( between 523 and 5,165 data points total for the calculation of each limit, depending on the resin subcategory, and not including bulk resin ) that it is not necessary to estimate variability by use***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 128**  **of 511**  of the UPL equation. R ather variability is calculated directly from the vinyl chloride data set comprised of the lowest emitting sources. Furthermore, the overwhelming majority of vinyl chloride concentration values reported were above the detection limit for EPA Method 107 and therefore, a representative detection limit analysis was not performed. In the proposed rule, the total HAP limits for the stripped resin subcategories included the contribution from vinyl chloride. In the final rule, vinyl chloride concentrations were

re moved from the total HAP limit calculations, resulting in limits for total non

- vinyl chloride organic HAP for all subcategories of stripped resin. This was appropriate because the data used to develop the MACT floors and limits for vinyl chloride in stripp ed resin were based on Method 107. While vinyl chloride can be analyzed using EPA SW

- 846 Method 8260B, a total HAP limit that includes vinyl chloride analyzed using that method would be inconsistent with our separate limit for vinyl chloride alone , which is based on data obtained using Method 107. Since we have developed a separate vinyl chloride limit, it is not necessary to include vinyl chloride as part of the total HAP limit for stripped resins. Because different test methods were used to develo p the emission standards, we are requiring compliance testing and sampling based on the different test***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 129**  **of 511**  methods to demonstrate compliance with those standards . The differences in the test methods ( e.g. , the way that samples are collected and analyzed) cause d the vinyl chloride emissions to differ by orders of magnitude when the same sample was tested using the two different methods. At proposal, variability was assessed for total HAP using a 99

- percent UPL calculation with the m value set at 30 to represent 30 single daily total HAP values. For the final rule, variability was assessed for total

non - vinyl chloride organic HAP using the 99

- percent UPL calculation; however, because we are requiring compliance with the total non

- vinyl chloride organic HAP limits for all subcategories to be based on a single 24

- hour period taken once per month , we calculated the UPL for total non - vinyl chloride organic HAP using an m value of 1. For the final rule, we revised the procedure for identifying an RDL for total non

- vinyl chloride organic HAP. At proposal, we determined the RDL by identifying the highest test

specific MDL reported by the top 5 best

- performing facilities for total HAP in each subcategory that was also less than the calculated average concentration of those top 5 best

- performing facilities. For the final rule, the RDL for total non

- vinyl chloride organic HAP was determined by identifying all of the available MDL values for the top 5 best

- performing facilities***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 130**  **of 511**  regardless of any subcategory. From that combined pool of MDL data, we calculated the arithmetic mean value. We then called the resulting mean of the MDL values the RDL. As in the proposed rule, if 3 times the RDL was greater than the calculated limit, we concluded that the MACT floor limit does not accou nt entirely for measurement variability and , therefore, we used the value equal to 3 times the RDL in place of the calculated MACT floor limit. For the final rule, we excluded: (1) Copolymer resin data from Dow Chemical’s Midland, Michigan, facility due to the lack of a sampling and analysis report documenting the analysis results, (2) data from Georgia Gulf’s Aberdeen, Mississippi, and Plaquemine, Louisiana, facilities because the data reported from analysis using a modification to EPA SW

- 846 Method 8260B could not be compared to data reported from other PVC facilities that analyzed resin concentrations using an unmodified EPA SW

- 846 Method 8260B and (3) selected reported HAP concentrations from PolyOne’s Henry, Illinois, facility due to unexpectedly high

r eported detection limits that we determined were inaccurate when compared to the reported detection limits from other facilities.
Wastewater***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 131**  **of 511**  For the proposed rule, the wastewater vinyl chloride concentration limits were calculated using a 99

- percent UPL

c alculation with an m value of 1 to represent monthly compliance, based on a single sampling event. The limits were calculated, based on data provided by facilities in their CAA section 114 survey responses. These data represented a mix of sampling data, en gineering estimates and mass balance calculations. Post proposal , industry submitted 1 year’s worth of vinyl chloride sampling data results from wastewater strippers at several facilities. For the final rule, we recalculated the monthly vinyl chloride conc entration limits using a 99

- percent UPL calculation, as described above, but the limits were calculated based on the actual vinyl chloride sampling data provided by the industry. We used the UPL to asses s variability in the calculation of the final limits for process wastewater. Despite the substantially larger vinyl chloride concentration data set provided by the industry during the public comment period, the 99.9 th percentile was not used as it was for t he stripped resin vinyl chloride limits because the final data set was not sufficiently large ( 60 data points total, or 12 monthly vinyl chloride values for each of the top five performing facilities )***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 132**  **of 511**  and we had to make assumptions about the distribution o f the data. In the proposed rule, total HAP emission limits were based on a beyond

- the

- floor option of complying with the National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry (Hazardou s Organic NESHAP (HON)) flow rate and concentration values. For the final rule, we calculated a total non

- vinyl chloride organic HAP emission level at the MACT floor, based on non

- vinyl chloride organic HAP data reported by PVC facilities and using the sam e calculation methodology used to determine the MACT floor vinyl chloride emission limit with compliance demonstrated on a monthly basis. In the proposed rule, the total HAP limit for wastewater included the contribution from vinyl chloride. In the final r ule vinyl chloride concentrations were removed from the total non

- vinyl chloride organic HAP limit calculation, resulting in total non

- vinyl chloride organic HAP limits for process wastewater. This approach was appropriate since we are requiring different test methods to demonstrate compliance with the vinyl chloride and the total non

- vinyl chloride organic HAP limits. The determination of the RDL value for vinyl chloride was revised for the final rule as previously described for process***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 133**  **of 511** 
vents . Industry did not provide non

- detect data for total non

vinyl chloride organic HAP; therefore, non

- detect data were not incorporated in the total non

- vinyl chloride organic HAP limit calculation. Equipment leaks Based on changes to information reported by Shintech
Fr eeport, as discussed above, we revised the MACT floor analysis for equipment leaks at existing sources. The results of this analysis showed that two out of the best

- performing five sources comply with 40 CFR part 63, subpart UU level 2 requirements, and the remaining three complied with 40 CFR part 61 , s ubpart V. F or the final rule, the MACT floor level of control for equipment leaks at existing sources, taking the median of the best

controlled five sources, is compliance with 40 CFR part 61 ,
s ubpart V.
Comment: One commenter stated that in the proposed PVC MACT, new source emission limits for process vents, the resin stripper and wastewater were based on the best

- performing emission source. However, t he commenter stated that the data sets used to establ ish the new source MACT floor were not adequate or representative of the best performance from the

source .***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 134**  **of 511**  The commenter added that the new source process vent MACT floor was established by selecting the best performance of each individual HAP from all fac ilities. The commenter asserted that,

a s a result, no current facility can meet the control level represented by the proposed new source MACT. The commenter requested that the EPA re

- evaluate the feasibility of the new source MACT floor analysis for on

- goi ng, continuous compliance. Response: At proposal and in this final rule, we used the data available to us to conduct the new source MACT floor analyses. A reasonable interpretation of CAA section 112(d)(3) is that MACT floors may be established on a HAP

- b y - HAP basis, so that there can be different pools of best performers for each
HAP. Indeed, as illustrated below, the total facility approach is not only not compelled by the statutory language , but can lead to results so arbitrary that the approach may sim ply not be legally permissible. Clean Air Act section 112(d)(3) is not explicit as to whether the MACT floor is to be based on the performance of an entire source or on the performance achieved in controlling particular HAP. Congress specified in CAA secti on 112(d)(3) the minimum level of emission reduction that could satisfy the requirement to adopt MACT. For new sources, this floor level is to be “the emission control that is achieved in practice by the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 135**  **of 511**  best controlled similar source.” For existing source s, the floor level is to be “the average emission limitation achieved by the best performing 12 percent of the existing sources” for categories and subcategories with 30 or more sources, or “the average emission limitation achieved by the best performing 5 sources” for categories and subcategories with fewer than 30 sources. The language of the CAA does not address whether floor levels can be established HAP

- by

- HAP or by any other means. The reference to “sources” does not lead to the assumption the
comment ers make that the best

- performing sources can only be the best performing sources for the entire suite of regulated HAP. Instead, the language can be reasonably interpreted as referring to the source as a whole or to performance as to a particular
HAP. Similarly, the reference in the new source MACT floor provision to “emission control achieved by the best controlled similar source” can mean emission control as to a particular HAP or emission control achieved by a source as a whole. The EPA’s long

- stand ing interpretation of the CAA is that new source (as well as existing source) MACT floors are to be established on a pollutant

- by

- pollutant basis. 3

3 We have done precisely that in this rule by setting emission standards for vinyl chloride, THC (or total organic HAP), total non

- vinyl chlorideorganic HAP, CDD/CDF, and HCl. See preamble section V.C. One reason for this interpretation is that a contrary approach could yield***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 136**  **of 511**  least common denominator floors

– that is, floors reflecting mediocre or no control rather than what the best performers have achieved. See 76 FR at 15622 (March 21, 2011); 61 FR at 173687 (April 19, 1996); 62 FR at 48363

- 64 (September 15, 1997) (same approach adopted under the very simil ar language of CAA section 129(a)(2)). Such an approach would allow a source that is not the best

- performer for certain pollutants nonetheless to be considered the best performer overall, including for those same pollutants for which it is demonstrably not the best performer
. It is even conceivable that the worst performing source for a pollutant could be considered the best performer for all pollutants, a result Congress could not have intended. For example, if the best

- performing five sources for vinyl

c hloride were also the worst performing sources for HCl and the best performers for HCl were the worst performers for vinyl chloride, under a total facility approach the floor would end up not reflecting best performance for HCl and vinyl chloride . In such a situation, the EPA would have to make a value judgment as to which pollutant reductions were most critical to decide which

sources are best

- controlled. See Petitioners Brief in Medical Waste Institute et al. v. EPA , No. 09

- 1297 (D.C. Cir.) pointing out, in this context, that “the best performers for some pollutants are the worst performers for others” (p. 34) and***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 137**  **of 511**  “[s]ome of the best performers for certain pollutants are among the worst performers for others.” Such value judgments are antithetical to the d irection of the statute at the MACT floor

setting stage. The central purpose of the amended air toxics provisions was to apply strict technology

- based emission controls on HAP.
See , e.g., H. Rep. No. 952, 101st Cong. 2d sess. 338. An interpretation that the floor level of control must be limited by the performance of devices that only control some of these pollutants effectively guts the standards by including worse performers in th e averaging process, whereas the EPA’s interpretation promotes the evident Congressional objective of having the floor reflect the average performance of best

performing sources. Because Congress has not spoken to the precise question at issue, and the Age ncy’s interpretation effectuates statutory goals and policies in a reasonable manner, its interpretation must be upheld. See Chevron v. NRDC , 467 U.S. 837 (1984). The EPA notes, however, that if optimized performance for different HAP is not technological ly possible due to mutually inconsistent control technologies (for example, if HCl performance decreased as organics reduction is optimized), then this would have to be taken into account by the EPA in Comment [A9]: Please use HAP***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 138**  **of 511**  establishing a floor (or floors). The Senate Report in dicates that if certain types of otherwise needed controls are mutually exclusive, the EPA is to optimize the part of the standard providing the most environmental protection. S. Rep. No. 228, 101st Cong. 1st sess. 168 (although, as noted, the bill
accompa nying this Report contained no floor provisions). It should be emphasized, however, that the D.C. Circuit has stated that “the fact that no plant has been shown to be able to meet all of the limitations does not demonstrate that all the limitations are not achievable.” Chemical Manufacturers Association v. EPA , 885 F. 2d at 264 (upholding technology

- based standards based on best performance for each pollutant by different plants, where at least one plant met each of the limitations but no single plant met a ll of them). Such an approach would not meet the requirements of the
CAA. For these reasons, the EPA's approach is the appropriate methodology for developing new source MACT floors and no further reevaluation is necessary
. Comment: Several commenters argu ed that the EPA calculated the MACT floor for vinyl chloride in stripped resin using data based on one analytical method ( Method 8260B) that typically underreports vinyl chloride and requires compliance with a***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 139**  **of 511**  different test method (M ethod 107) developed s pecifically for vinyl chloride. Response: We agree with the commenters that there was a tension in the proposed rule between the data used to establish the limits and the test methods required for compliance. W e specifically solicited comment on this issue in the proposed rule
. After consideration of information received after the proposed rule, including the potential benefits and drawbacks of both EPA SW

- 846 Method 8260B and EPA Method 107 in terms of vinyl ch loride analysis, we conclude that EPA Method 107 is more appropriate for develop ing MACT floors and for determining compliance with such standards for vinyl chloride in stripped resins. EPA Method 107 was specifically developed for use in the PVC industry and is the standard method for determining vinyl chloride concentrations in not only stripped resin samples, but also wastewater samples. The method provides for better extraction of the vinyl chloride and, therefore, produces more reliable and accurate, albeit nominally higher, concentration results. EPA SW

- 846 Method 8260B also allows for the analysis of vinyl chloride, but the method was not specifically developed for measuring vinyl chloride in PVC resin samples and so has***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 140**  **of 511**  lower reliability and accurac y compared to Method 107 in this
context. Based on our analysis of data collected on vinyl chloride concentrations in stripped resin samples analyzed using both EPA Method 107 and EPA SW

- 846 Method 8260B, concentration values obtained using Method 107 are consistently higher than the concentration values obtained on the same resin samples using
EPA SW

- 846 Method 8260B . As such, compliance with a vinyl chloride limit based on data obtained using EPA SW

- 846 Method 8260B could not necessarily be determined ba sed on compliance data obtained using Method 107, making the Method 107 data inappropriate as a required basis for determining compliance with the limit based on data obtained from EPA SW

- 846 Method 8260B
. In the final rule, we calculated the MACT floor

- ba sed limits for vinyl chloride in stripped resins based on sampling data collected using EPA Method 107. We also require demonstration of compliance with the stripped resin vinyl chloride limits using EPA Method 107. In the final rule, we have also revised the stripped resin and wastewater limits for total organic HAP to separate vinyl chloride from those limits, resulting in total non

- vinyl chloride organic HAP limits. As discussed above, Method 107 is the preferred method for***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 14**  **1 of**  **511** determining vinyl chloride con centrations in PVC stripped resin and wastewater. The EPA believes it would be inappropriate and inaccurate to determine and require compliance with total HAP standards by combining results from the two different methods because the Method 107 data for vin yl chloride would be artificially overweighted compared to the data for non

- vinyl chloride organic HAP based on analysis using EPA SW

- 846 methods, including Method 8260B , based on the significant differences in sampling results when using the methods on th e same samples.
Comment: Several commenters stated that the data used to set the MACT floor are not based on normal operating conditions
. One commenter stated that testing pursuant to the CAA sections 114 request was conducted at the PVC production units in late 2009 and early 2010. The commenter contended that, during this period, the industry was operating by as much as 34 percent below its maximum production rates over the prior 3 years. One commenter contended that the test conditions were not representative of normal maximum operating conditions for a stand

- alone PVC producer under which these values were determined and the EPA incorpo rated test results from much larger thermal oxidizers operated well under their maximum design operating conditions. To enable compliance with a reasonably proposed standard, the commenter stated that the EPA***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 142**  **of 511**  should revise the final rule to allow for new s ources to come into compliance 3 years after the final rule is promulgated. One commenter contended that the proposed limits for vinyl chloride, total organic HAP and HCl need to be factored

- up to allow facilities to operate at maximum production rates. T he commenter added that it is necessary to factor up proposed limits because the EPA’s compressed schedule for gathering data did not allow facilities to test at maximum or near maximum operating rates. The commenter stated the rule, as proposed, requires facilities to perform compliance tests under hypothetical or actual worst case conditions ( i.e. , maximum operating rates), which is not the same conditions used to generate the data that set the standard for proposed vents. The commenter proposed, as an al ternative, that industry should be allowed to test under the same conditions that were present during the stack tests conducted to comply with the CAA section 114 request. Commenters indicated that tests done at the OxyVinyls Deer Park and Pasadena facili ties and Formosa Plastics’ Baton Rouge facility were conducted under abnormal operating scenarios that are not indicative of their normal operation. The commenters provided information on how the operating conditions during the test differed than at normal conditions. The commenters***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 143**  **of 511**  contended that the MACT floors should be calculated without these facilities. The commenter contended that data from that period are inappropriate for setting the MACT floor for maximum representative operating conditions. One c ommenter stated that during the data request for the MACT floor study, the EPA asked for data (stack testing and 30

- day monitoring) related to "normal operations" in order to set up the MACT floor. However, the commenter asserted that the proposed rule set up limits for compliance (standards and operating limits) that are to be based on "maximum operations" from the subject facilities. The commenter contended that since the MACT floor data are different from what is expected from facilities for compliance w ith the standard, the EPA should either re

- analyze the MACT floor data to revise the proposed regulatory requirements or ask the facilities for additional, and more specific, relevant data regarding maximum operating conditions. Other commenters contended that the EPA should have accounted for the testing variance that occurred by sampling and testing during a period of lower throughput for the industry. The commenters requested that the EPA adjust for lower production levels in the final rule.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 144**  **of 511**  Response: W e agree with commenters that the OxyVinyl s Deer Park and Formosa Baton Rouge facilities have PVC

- combined process vents and should not be included in the PVC

- only MACT floor calculation. OxyVinyls provided additional stack test information for the Deer Par k facility in response to our CAA section 114 request for VCM/EDC facilities , and the OxyVinyls Deer Park facility has been included in the PVC

- combined MACT floor calculation. Further discussion regarding the OxyVinyls Deer Park facility is found in respo nse to comments below and responses regarding area sources. The Formosa Baton Rouge facility has PVC

- combined process vents, not PVC

- only process vents. However, they submitted test results in response to our August 21, 2009, CAA section 114 information co llection request that were collected while the control device at the facility was controlling vent streams from the PVC process only. Therefore, the test results are not representative of a PVC

- only facility due to an abnormally large amount of natural gas combusted during the time of testing to maintain operation of the thermal oxidizer
. Furthermore, that facility was not included in our CAA section 114 request for VCM/EDC facilities
. T herefore, we have excluded the Baton Rouge facility from any process vent MACT floor calculations. We disagree with the commenters that the OxyVinyl s Pasadena facility be removed from the PVC

- combined***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 145**  **of 511**  process vent MACT floor calculation due to the facility experiencing a malfunction during process vent testing. According to the source, t he specific nature of the malfunction
at the OxyVinyls Pasadena facility allowed a percentage of the process vent stream to bypass the control device and enter the
vent stac k. As a result, both controlled and uncontrolled emissions were measured during process vent testing; however, the facility’s measured concentrations were still low enough to be included in the top 5 best

- performing facilities for PVC

- only process vents fo r vinyl chloride, CDD/CDF , THC and total organic HAP. Had the malfunction not occurred, pollutant concentrations would have been even less than those determined during the time of testing and the facility would have still been included in the top 5 best

- pe rforming facilities. Therefore, we are includ ing the OxyVinyls Pasadena facility in the MACT floor calculation for process vents. We agree with commenters that the data submitted to the EPA in response to our August 21, 2009, CAA section 114 information

c ollection request were collected under operating conditions of less than maximum capacity. Although commenters contended that the MACT floors should be adjusted for lower production levels in the final rules, commenters did not provide any empirical data o r methodology to support modifying the limits. As such, we***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 146**  **of 511**  have no basis on which to consider revis ing the standards in response to this comment. We also agree with commenters that the testing schedule for our CAA section 114 request was compressed; howeve r, commenters were not restricted from conduct ing additional testing and provid ing additional data to the EPA representing maximum operating conditions, yet, no such data

were submitted. Accordingly, EPA will use the data submitted by industry. Indeed, ind ustry submitted 4 years of vinyl chloride resin data after the CAA section 114 testing request was completed and during the comment period. We do not agree that the final rule should allow for new sources to come into compliance 3 years after the final rul e is promulgated. The compliance date requirements for new and reconstructed sources are specified in the part 63 General Provisions at §63.6(b).
Comment: Several c ommenters argued against combining the
PVC major source MACT and area source GACT. One commenter argued that it was not Congress’ intent to combine MACT and GACT requirements for sources listed in separate source categories, and that if this is going to be a trend moving forward, the EPA should undertake a separate rulemaking to id entify and define, for public comment, the criteria it intends to use for combining major and area source categories. The other commenter stated***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 147**  **of 511**  that if the EPA chooses to make revisions to the limits for area sources, they should first remove area sources from the PVC MACT floor database and final rule and then reopen the PVC GACT rule to properly consider the available technology and impact of proposed revisions on small area sources. One commenter disagreed with the EPA’s distinction between synthetic an d natural area sources, arguing that because the CAA defines only two types of sources (major and area), any further distinctions are unlawful. Thus, they argue, the EPA’s artificial distinction between true and synthetic area sources in order to include

s ynthetic area sources in the PVC major source MACT floor database is unlawful and inconsistent with past a gency practice. Furthermore, one commenter argues that by choosing to include synthetic area sources in the MACT floor analysis, the EPA is providing a strong disincentive for facilities to voluntarily reduce emissions to area source levels through enforceable permit limits. One commenter disputed all of the EPA’s arguments for including synthetic area sources in the MACT floor: (1) the commenter noted that EPA stated that Congress did not expressly exclude synthetic area sources from MACT floor determinations. The commenter argued that Congress did not need to expressly exclude these sources because the sources were***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 148**  **of 511**  already excluded because they are no t part of the major source category. (2) the commenter further noted that the EPA has previously asserted that the definition of a major source , specifically the reference to a source’s potential to emit considering controls allows the interpretation that a source’s potential to emit before and after controls is relevant, such that synthetic minor sources may be considered within the meaning of the major source definition and included in the MACT floor determinations for categories for major sources. The c ommenter argued that the definition of what constitutes a major source allows a source’s potential to emit (PTE) to be determined while “considering controls” means only that a source may install controls and render itself a n area source. (3) the commente r referred to a floor statement of Senator Durenberger that EPA cited to support its theory that the a gency must take into account the “better” performing sources in setting the MACT floor. T he commenter argued the statement demonstrates that it is the bet ter performing sources within the source category that must be considered, and PVC area sources are not a part of the PVC major source category.
One commenter added that for the EPA to ignore distinctions between area and major PVC sources and use the OxyV inyls Deer***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 149**  **of 511**  Park facility in MACT floor calculations is unlawful. The commenter contended that the EPA incorrectly assumes the OxyVinyls Deer Park facility is a major source. The commenter stated that the facility is a “true” area source in contrast to the CertainTeed Mossville synthetic minor area source. The commenter contended that the CAA does not allow the distinction the EPA makes between synthetic and natural minor area sources, and the commenter provided detail of the regulatory history concerning ma jor and area source classifications. The commenter provided additional detail regarding the classification of the OxyVinyls Deer Park and Certain Teed facilities, referencing previous communications with the EPA in which OxyVinyl s informed the EPA that the OxyVinyls Deer Park facility is an area source. The commenter contended that the EPA cannot consider any PVC area sources in the major source PVC floor database because PVC major and PVC area sources are two separate so urce categories under the CAA. The c ommenter concluded by recommending the EPA recalculate the existing major source MACT floors, excluding the Deer Park and CertainTeed facilities. Response: In the final rule, we have developed separate standards for major and area sources. We conducted a MACT floor analysis for major sources and a GACT analysis for area sources.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 150**  **of 511**  Further discussion of the GACT analysis is provided in S ection V.H of this preamble. We have reviewed data that OxyVinyls submitted to support their comment that their Deer Park, Texas facility is a “true” or natural area source. Based on the information provided, we are considering OxyVinyls Deer Park facility to be an area

source for purposes of this rulemaking . Therefore, we are using data from this facility and from the CertainTeed facility in Mossville, Louisiana to establish area source GACT standards. However, we have also determined that the OxyVinyls Deer Park facility is a synthetic area source for the purposes of o ur analyses (without determining its status for any compliance purposes) because the facility routes emissions from their process vents to a thermal oxidizer in series with an acid

- gas scrubber. Without these controls, we would project the vinyl chloride a nd hydrogen chloride emissions to be above the major source threshold. Similarly, for purposes of our analyses, we have determined that the CertainTeed facility is a synthetic area source because it uses controls, without which, their HAP emissions are pro jected to be above the major source threshold. Even though the area source facilities would be subject to the area source standards, because they are synthetic area sources, we are including the information from both facilities***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 151**  **of 511**  in our analyses establishing the MACT floor level of control for major sources. A s stated in the preamble to the proposed rule, the EPA maintains that including synthetic area sources in calculating the MACT floor is consistent with CAA section 112(d). Inclusion of synthetic area sou rces in the MACT floor determinations is also consistent with the Agency’s past practice in setting standards under section 112(d). The inclusion of such sources affected the MACT floor level of control for the PVC

- only HCl and PVC

- Combined vinyl chloride and CDD/CDF process vents emission limits. Inclusion of synthetic area sources in the MACT floor determinations also affected the MACT floor level of control for the stripped resin limit for vinyl chloride and total non

- vinyl chloride organic HAP in
suspen sion and bulk resin. The vinyl chloride and total non

vinyl chloride organic HAP MACT floor emission limits for wastewater were also affected by inclusion of synthetic area

sources. Section 112(d) of the CAA directs the EPA to establish emission standards for each category or subcategory of major sources and area sources of HAP listed for regulation pursuant to section 112(c) of the CAA. Each such standard must reflect a minimum level of control known as the MACT floor. (See CAA section 112(d).) However, s ection 112 of the CAA does not***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 152**  **of 511**  specifically address synthetic minor or synthetic area sources, which include those sources that emit fewer than 10 tpy of any HAP or fewer than 25 tpy of any combination of HAP, because they use some emission control device( s), pollution prevention techniques or other measures (collectively referred to as controls in this preamble) adopted under f ederal or s tate regulations. If not for the enforceable controls they have implemented, synthetic area sources would be major sourc es under section 112 of the CAA. We believe t he better interpretation of the statutory language and legislative history is that synthetic area sources be included in MACT floor determinations. First, the plain language of the statute makes clear that our MACT floor determinations are to reflect the best sources in a category or subcategory. For new sources in a category or subcategory, the MACT floor shall not be less stringent than the emission control that is achieved, in practice, by the best

- controlled similar source, as determined by the EPA. (See CAA section 112(d)(3)
. ) For existing sources in a category or subcategory with fewer than 30 sources, the MACT floor may be less stringent than the floor for new sources in the same category or subcategory, b ut shall not be less stringent than the average emission limitation achieved by the best

- performing 12 percent of the existing five***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 153**  **of 511**  sources (for which the Administrator has or could reasonably obtain emissions information)) in the category or subcategory
. (See CAA section 112(d)(3)(A)
. ) Thus, section 112(d)(3) of the CAA requires that MACT floors reflect what the best

- controlled new sources and the best

- performing existing sources achieve in practice. These phrases contain no exemptions and are not limited by references to sources with or without controls. Therefore, they suggest that all of the best

- controlled or best

performing sources should be considered in MACT floor determinations, regardless of whether or not such sources rely upon controls. Furtherm ore, section 112(d)(3) of the CAA expressly excludes certain sources that meet lowest achievable emission rate (LAER) requirements from MACT floor determinations for existing sources. (See CAA section 112(d)(3)(A).) The fact that Congress expressly exclude d such LAER sources, but did not also exclude synthetic area sources suggests that no exclusion was intended for synthetic area sources. Indeed, nothing in the statute suggests that the EPA should exclude a control technology from its consideration of the MACT floor because the technology is so effective that it reduces source emissions such that the source is no longer a major source of HAP. (See 68 FR 2232 , January 16, 2003 , stating this rationale for including***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 154**  **of 511**  synthetic area sources in the floor determin ation for the final NESHAP for municipal solid waste landfills.) Some commenters argue that because the PVC major and area source categories are separate, synthetic area sources (and natural ( i.e. , non - synthetic) area sources) fall outside the regulated so urce category and should not be considered in MACT floor determinations. The EPA agrees that it listed PVC major and area source categories separate ly . (See 57 FR 31576, July 16, 1992, and 67 FR 43112, June 26, 2002 .) However, the EPA disagrees that the CAA contemplates that synthetic area sources must be treated like true area sources and excluded from MACT floor determinations. Section 112(a) of the CAA defines a major source as: any stationary source or group of stationary source s located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants * * *. ( See CAA section 112(a)(1).) An area source is defined as any stationary source of hazardous air pollutants that is not a major source. (See CAA section 112(a)(1).) In the major source definition, the EPA interprets the reference to a source’s “potential to emit considering controls” as meaning that a source’s potential to emit before***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 155**  **of 511**  and after controls is relevant, such that synthetic area sources may be considered within the meaning of this definition and included in MACT floor deter minations for categories of major sources. Including synthetic area sources in MACT floor determinations ensures that MACT floors reflect the best

performing sources, as the CAA requires. The EPA also considered whether the reference to a source’s potentia l to emit considering controls in the definition of major source necessarily means a source’s potential to emit after controls have been implemented. While the EPA believes it is possible to read the phrase in this manner in isolation, such an interpretati on would have the effect of excluding the best

performing sources from MACT floor determinations and therefore would be contrary to the statutory mandate that the EPA set MACT floors based on the levels the best

- controlled new sources and the best

- performi ng existing sources achieve in practice. T he statutory reference to potential to emit considering controls should be read in a manner consistent with the other requirements of CAA section 112(d) to allow for the consideration of synthetic area sources in M ACT floor determinations for major sources. In addition, the legislative history suggests that synthetic area sources should be included in MACT floor***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 156**  **of 511**  determinations. In a floor statement, Senator Durenberger stated that in implementing section 112(d)(3) o f the CAA, “ the [Senate] managers intend the Administrator to take whatever steps are necessary to assure that [the Administrator] has collected data

on all of the better

- performing sources within each category
. [The Administrator] must have a data

- gatheri ng program sufficient to assure that [EPA] does not miss any sources that have superior levels of emission control
. ” (See Environment and Natural Resources Policy Division, Congressional Research Service, 103d Cong., S.Prt. 103

– 38 (prepared for the U nited
S tates Senate Committee on Environment and Public Works), A Legislative History of the Clean Air Act Amendments of 1990 , at 870, Nov ember 1993, emphasis added.) This statement underscores that Congress intended for MACT floor determinations to reflect

cons ideration of all of the sources in each category with the best emission controls. I t would be inconsistent with Congress’s intent and the plain language of the CAA to exclude synthetic

area sources — those sources with superior controls that became synthetic area sources by implementing such controls

— from MACT floor determinations.
T he inclusion of synthetic area sources in MACT floor determinations is justified because of the reasons explained above.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 157**  **of 511**  Accordingly, we did not exclude synthetic area source s fr om MACT floor determinations for major sources. For more information concerning MACT floors for the final standards, see Section V.E.2 of this preamble and the memorandum, Revised Maximum Achievable Control Technology ( MACT ) Floor Analysis for the Polyviny l Chloride and Copolymers (PVC) Production Source Category , in the docket
. Comment: Several commenters stated that dispersion resin limits should be based on measured concentration data and not calculated mass figures. Two commenters stated that the vinyl chloride limit proposed for dispersion resin was developed using a database that the EPA aggregated from producer submissions on a mass (pounds per day dry) basis and then re

- divided by reported production volumes. The commenters listed several problems wi th the data used to convert the reported mass emissions to concentration limits by the EPA. The commenters recommended that the EPA simply use the underlying measured concentration data as the best and most accurate basis from which to develop the PVC MACT
. Response: For the final rule, we have revised the MACT floor

- based emission limits for stripped resin s . See S ection V.E.2 of this preamble
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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 158**  **of 511** 
Comment : One commenter stated they agree with the EPA’s procedure for determining representative method detection limits. Another commenter contended that the EPA cannot justify its floor adjustment by asserting an inability to measure emissions below its triple

- maximum

- detection limit floor. The commenter stated that the record includes multiple sources that utilized lower detection limits; those sources demonstrate the feasibility of measuring emissions at lower levels. The commenter added that the agency specifies detection methods together with its standards; that detection method should have a known detection limi t with a well

- defined level of certainty. The commenter proposed that the agency could, accordingly, calculate its floor and as a second and independent step establish monitoring requirements that accommodate any imprecision associated with measurement, or it could utilize a safety factor. The commenter contended that the agency cannot, however, simply manipulate the limits according to standards that appear nowhere in the CAA. Another commenter questioned the way in which the EPA addresses non

- detects in a ir emissions. The commenter stated that multiplying by a factor of 3 is not presented in a clear way to show the rationale behind this calculation.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 159**  **of 511**  Response: As explained below, the final emissions limits were established using the representative method detection level (RDL), which is based on an average, not the highest or lowest, of method detection levels for the best performing units . We
agree with the commenter’s suggestion to calculate the floor and then establish monitoring requirements to accommod ate several factors such as measurement precision near the detection limit we argue that the 3 X RDL is also used due to the truncation of data at the MDL
. We agree with many of the comments related to treatment of data reported as detection limit values in the development of MACT floors and emissions limits. The probability procedures applied in calculating the floor or an emissions limit inherently and reasonably a ccount for emissions data variability including measurement imprecision when the database represents multiple tests from multiple emissions units for which all of the data are measured above the method detection level. That is less true when the database i ncludes emissions occurring below method detection capabilities regardless of how those data are reported. The EPA’s guidance to respondents for reporting pollutant emissions used to support the data collection specified the criteria for determining test

- s pecific method detection levels.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 160**  **of 511**  Those criteria ensure that there is only about a 1

- percent probability of an error in deciding that the pollutant measured at the method detection level is present when, in fact, it was absent. (See Reference Method Accura cy and Precision (ReMAP): Phase 1, Precision of Manual Stack Emission Measurements ; American Society of Mechanical Engineers, Research Committee on Industrial and Municipal Waste, February 2001
. ) Such a probability is also called a false positive or the al pha, Type I, error. This means, specifically, that for a normally distributed set of measurement data, 99 out of 100 single measurements will fall within ±2.54 σ of the true concentration
. The anticipated range for the average of repeated measurements

come s progressively closer to the true concentration. More precisely, the anticipated range varies inversely with the square root of the number of measurements. Thus, if σ is the standard deviation of anticipated single measurements, the anticipated range for 99 out of 100 future triplicate measurements will fall within ± 2.54 σ/ √3 of the true concentration. This relationship translates to an expected measurement imprecision for an emissions value occurring at or near the method detection level of about 40 to 5 0 percent. By assuming a similar distribution of measurements across a range of values and increasing the mean value to a***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 161**  **of 511**  representative higher value ( e.g. , 3 times MDL ), we can estimate measurement imprecision at other levels. For an assumed 3 times the MDL, the estimated measurement imprecision for a 3

- test

- run average value would be on the order 10 to 20 percent. This is about the same measurement imprecision as found for Methods 23 and 29 indicated in the ASME Precision of Manual Stack Emissions
Measur ements for the sample volumes prescribed in the final rule ( e.g. , 4 to 6 dscm) for multiple tests. Analytical laboratories often report a value above the method detection limit that represents the laboratory’s perceived confidence in the quality of the value. This arbitrarily adjusted value is expressed differently by various laboratories and is called limit of quantitation (LOQ), practical quantitation limit (PQL), or reporting limit (RL). In many cases, the LOQ, PQL or RL is simply a multiplication of the method detection limit. Multipliers range from 3 to 10. Because these values reflect individual laboratories’ perceived confidence, and, therefore, could be viewed as arbitrary, we decline to adopt the LOQ, PQL, or RL because such approaches in our vie w would inappropriately inflate the MACT floor standards. Our alternative to those inconsistent approaches is discussed below.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 162**  **of 511**  Consistent with findings expressed in reports of emissions measurement imprecision and the practices of analytical laboratories, we believe that using a measurement value of 3 times a method’s detection limit established in a manner that assures 99 percent confidence of a measurement above zero will produce a representative method reporting limit suitable for establishing regulator y floor values. On the other hand, we agree with commenters that an emissions limit determined from a small subset of data or data from a single source may be significantly different than the actual method detection levels achieved by the best

- performing units in practice. This fact, combined with the low levels of emissions measured from many of the best

- performing units, led the EPA to review and revise the procedure intended to account for the contribution of measurement imprecision to data variability in establishing effective emissions limits. In response to the comments and internal concerns about the quality of measurements at very low emissions limits especially for new sources, we revised the procedure for identifying a n RDL The revised procedure for determining an RDL starts with identifying all of the available reported pollutant specific method detection levels for the best

- performing units regardless of any subcategory ( e.g. , existing or new, fuel type, etc.).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 163**  **of 511**  From that combined pool of data, w e calculate the arithmetic mean value. By limiting the data set to those tests used to establish the floor or emissions limit ( i.e. , best performers), we believe that the result is representative of the best

performing testing companies and laboratories us ing the most sensitive analytical procedures. We believe that the outcome should minimize 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 minimum value for reporting was other than the detection level). We then call the resulting mean of the method detection levels the RDL as characteristic of accepted source emissions measurement performance. The seco nd step in the process is to calculate 3 times the RDL to compare with the calculated floor or emissions limit. This step is similar to what we have used before including for the Portland cement MACT determination. We use the multiplication factor of 3 to reduce the imprecision of the analytical method until the imprecision in the field sampling reflects the relative method precision as estimated by the ASME
ReMAP study
. That study indicates that such relative imprecision remains a constant 10 to 20 percent , over the range of the method. For assessing the calculated floor results relative to***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 164**  **of 511**  measurement method capabilities , if 3 times the RDL were less than the calculated floor or emissions limit ( e.g. , calculated from the UPL), we would conclude that measur ement variability was adequately addressed. The calculated floor or emissions limit would need no adjustment. If, on the other hand, the value equal to 3 times the RDL were greater than the UPL, we would conclude that the calculated floor or emissions limi t does not account entirely for measurement variability. Where such was the

case , we substituted the value equal to 3 times the RDL for the calculated floor or emissions limit, which results in a concentration where the method would produce measurement

acc uracy on the order of 10 to 20 percent, which is similar to other EPA test methods and the results found in the ASME ReMAP study. We determined the RDL for each pollutant using data from tests of all the best performers for all of the final regulatory sub categories ( i.e. , pooled test data). We applied the same pollutant

- specific RDL and emissions limit adjustment procedure to all subcategories for which we established emissions limits. We believe that emissions limits adjusted in this manner , which

ensure s that measurement variability is adequately addressed relative to compliance determinations , is a better procedure than the one applied at proposal, which was based on more***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 165**  **of 511**  limit ed data. We also believe that the currently available emissions testing proced ures and technologies provide the measurement certainty sufficient for sources to demonstrate compliance at the levels of the revised emissions limits. As for the commenter’s suggestion that the EPA utilize a safety factor, the commenter provided no addit ional explanation of what a safety factor is, how it should be calculated and used, and no additional information to calculate such a factor.
Comment : One commenter stated that the EPA has set impossibly low limits for CDD/CDF , given the detection limits for EPA Method 23. Several commenters contended that, considering the body of available evidence on this subject, the EPA should not set limits below 0.1 nanograms (ng) toxic equivalent per dry standard cubic meter (TEQ/dscm) f or CDD/CDF
. Several commenters asserted that the CDD/CDF emission level of 0.023 ng/dscm proposed for PVC facilities is below levels that can be accurately measured. Several commenters stated the EPA should impose work practice standards rather than emiss ion limits to control CDD/CDF emissions or adjust the CDD/CDF standard to account for measurement uncertainty. One commenter stated that the EPA’s decision to propose such conservative requirements for CDD/CDF testing is particularly surprising and unjusti fied in light of***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 166**  **of 511**  the EPA ’s own estimates of the very low overall reduction of CDD/CDF emissions that would be achieved by this rule. The commenter also noted that the EPA recognized the CDD/CDF dataset contains nearly 50

- percent “non

- detect” data. The comm enter added that previous MACT rulemaking efforts for other comparable subparts, including the MACT rule for Hazardous Waste Combustors (40 CFR part 63, subpart EEE) or the Industrial Boiler and Process Heater MACT (40 CFR part 63, subpart DDDDD), typicall y allow for either a work practice standard or for one

- time CDD/CDF emissions testing of units subject to the rule. In contrast, the commenter asserted that the EPA has not proposed to allow for work practice standards and other emission standards ( e.g. , c ontrol of temperature in the air pollution control system and emission standards for vinyl chloride and hydrogen chloride) to control CDD/CDF emissions in the PVC MACT rule and instead, proposes to establish CDD/CDF emission standards at or below the detec tion capabilities of EPA Method 23 along with expensive testing for CDD/CDF annually. The commenter further stated that because PVC

- only plants have similar CDD/CDF emissions, PVC

- only plants should not be subject to numerical limits for CDD/CDF emissions. One commenter stated that section 112(h) of the CAA provides that "if it is not feasible in the judgment of the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 167**  **of 511**  Administrator to prescribe or enforce an emission standard...the Administrator may, in lieu thereof, promulgate a design, equipment, wor k prac tice, or operational standard" and also cited Sierra Club v. EPA , 479 F.3d 875, 883 (D.C. Cir. 2007). The commenter stated that the EPA must first make a determination that "the application of measurement methodology to a particular class of sources is not practicable due to technological and economic limitations," not that it lacks emissions data to set a limit. The commenter added they believe that PVC facilities face precisely the type of technological constraints in measuring for CDD/CDF that require th e use of work practice standards. Response: The commenters are correct that, at proposal, 50 percent of the CDD/CDF dataset was at non

- detect levels. However, w ith the addition of the EDC/VCM information submitted by industry in response to the CAA section 114 request for the EDC/VCM industry , that number has decreased to 38 percent. In comparison, 10 of the boiler NESHAP subcategories in 40 CFR part 63, subpart DDDDD contained CDD/CDF datasets with non

- detect values greater t han 80 percent of the data, with most having

non - detects greater than 90 percent of the data. As a result, the EPA determined that a work practice standard would be appropriate for the major source boiler NESHAP. Likewise, in the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 168**  **of 511**  final Mercury and Air Toxi cs Standards signed by the Administrator on December 16, 2011, the EPA established work practice standards for CDD/CDF because the significant majority of data from all the generating units were below the detection levels of the EPA test methods. Such is n ot the case for the PVC data. Given the significantly greater level of detected information for PVC process vents it is apparent that CDD/CDF can be detected in PVC process vent streams. Therefore, we maintain that numerical emission limits are appropriate rather than work practices to control CDD/CDF emissions from PVCPU process vents. As discussed previously, the emission limits for CDD/CDF have been revised , based on new data collected from EDC/VCM manufacturers and new subcategories W e reviewed much lar ger data sets of Method 23 CDD/CDF test data and determined that representative detection levels equal to 0.018 ng/dscm are achievable for sample volumes less than or equal to 6 dscm . As a result, the final rule requires a CDD/CDF TEQ emission limit of 0.0 38 ng/dscm for PVC

- only process vents at existing and new sources, 0.051 ng/dscm for PVC

- combined process vents at existing sources, and 0.034 ng/dscm for PVC

- combined process vents at new sources. We estimate that 10 out of 13 sources for which we have da ta are able to meet the emission limits without additional control
. We are not prescribing a particular control***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 169**  **of 511**  technology for the remaining facilities. Affected sources may use any control technique to meet the CDD/CDF limits. We believe
sources can use t echniques such as enhanced vapor recovery prior to combustion as a means to reduce chlorinated compounds resulting in less chlorine available to form CDD/CDF
. For the impacts estimate, we estimated the cost for enhanced vapor
recovery (e.g. condensers) pri or to combustion
. Cost and emission reductions estimation are documented in the memorandum, Revised Costs and Emission Reductions for Major Sources in the Polyvinyl Chloride and Copolymers (PVC) Production Source Category
F . Emission Source R equirements

Comment : One commenter raised several issues with the proposed definition of process vent. First, the commenter argued that the definition of process vent is too broad and incorporates emission points that are already regulated under other sections of the rule . Specifically, the commenters contended that unloading and loading lines, samples, wastewater collection and treatment systems and “other process components prior to the resin stripper” should be removed from the definition of process vent because including them in the process vent definition is in conflict with the proposed definitions of 1. Process V ents***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 170**  **of 511**  batch and continuous process vents. The commenter contended that wastewater collection and treatment systems should be excluded because they would a lready be regulated under the wastewater provisions specified in 40 CFR 63.11965 and 40 CFR 63.11970 of the proposed rule . In the case of “ other process components prior to the resin stripper,” the commenter contended that this is too broad a term , and at a minimum, the EPA should clarify what is meant by this term in the context of the process vent definition. Instead of the current proposed definition, the
commenter suggested the following definition for process vent: “Process vent means batch process ven t or continuous process
vent .” The commenter also proposed that the definitions of batch and continuous process vents should provide an exclusion for gaseous streams routed to a fuel gas system. The commenter stated that because gaseous streams have a usef ul purpose and most other 40 CFR part 63 NESHAP exclude gaseous streams from the definition of a process vent, they should not be considered process vents in this rule. Response: In the final rule, we have revised the definition of process vent, continuous process vent and batch process vent to provide additional clarification, and we have added a definition for miscellaneous vent. These revisions also provide additional consistency with the changes made to the affected***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 171**  **of 511**  source defini tion, the definition of PVCPU and the new definitions for PVC

- only process vent and PVC

- combined process
vent. See S ection V.I of this preamble for a complete discussion of the revised and added definitions.

Comment: Several commenters c ontended that the proposed requirement to have double mechanical seals and double outboard seals on rotating equipment is a beyond

- the

- floor control option and not a representation of the current control level within the industry. The commenters stated tha t there are no PVCPU that exclusively utilize double mechanical seals throughout the PVCPU, but instead these technologies are used in limited areas of the PVC production process and different technologies are used in other areas. The commenters added that because the proposed requirements are actually beyond

- the

- floor options, the revised rule should allow subject facilities the option to comply with all the provisions of the promulgated 40 CFR part 63 , s ubpart UU MACT standard. The commenters also contend ed that installation of further controls will constitute a burden on facilities and will provide minimal benefits in the form of potential HAP emission reductions. One commenter pointed out that proposed 40 CFR 63.11915(b)(1) and (2) would require pump

sea l installations that are optional under 40 CFR 63.1026(e) of 2 . Equipment leaks***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 172**  **of 511**  subpart UU . Likewise, they argued, proposed 40 CFR 63.11915(b)(5) would require agitator seal installations that are optional under 40 CFR 63.1028(e) of subpart UU . The commenter argued that the EPA should revise the pump and agitator seal section to be consistent with s ubpart UU. Response : The proposed requirement that reciprocating pumps, reciprocating and rotating compressors and agitators be equipped with double seals, or equivalent, was in error . In the final rules, we have adopted the MACT floor level of control for equipment leaks for all components ( which is compliance with 40 CFR part 63 , subpart UU ) , which gives affected sources the option of installing double seals, or equivalent, or c omplying with the leak detection and repair requirements of the equipment leak standards
. Comment: Several commenters opposed the proposed requirements for PRD that any release is an automatic violation. The commenters contended that this requires a costl y retrofit with little additional environmental benefit. Commenters contended that this provision is in contradiction to a long

standing recognition by the EPA that some PRD discharges are necessary; for example, they stated the current rule recognizes tha t proper operation of PRD (including using emergency relief valve discharges, currently exempted) is a necessary component***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 173**  **of 511**  of safe and responsible plant operation. One commenter recommended that the EPA revise the proposed language at §63.11915(c) to read “[a]ny release to the atmosphere from a pressure relief device in HAP service, except for an emergency relief discharge...constitutes a violation of this rule.” Several commenters added that in the affirmative defense requirements, EPA acknowledges safety

- r elated relief valve discharges. Commenters pointed out that the affirmative defense criteria state in 40 CFR 63.11895(a): “(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;
... (6) All emissions monitoring and control systems were kept in operation, if at all possible, consistent with safety and good air pollution control practices.” In addition, some commenters contended the low reportable quantity thresholds and Toxic Release Inventory reporting are adequate incentives for facilities to minimize discha rge events, thus , allowing for affirmative defense is appropriate. The commenters stated other MACT standards like the HON and the CAR also make allowances in the closed vent system bypass rules that account for safety

related pressure valve releases, and thus that in order to avoid unsafe conditions and prevent loss of life, personal injury, or***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 174**  **of 511**  severe property damage, the EPA should allow facilities to claim an affirmative defense for safety

- related releases. Response:

R elease events from PRD have the potential to emit large quantities of HAP . In that case, it is important to identif y and PRD releases are already prohibited a t all PVC facilities by the p art 61 NESHAP, except when ducted to a control device meeting the 10 ppm limit that applies to process vents or in an emergency relief discharge ( 40 CFR 61.65(a) ) . In this CAA section 112(d) NESHAP rulemaking, which builds upon the
p art 61 NESHAP, w e have developed emission standards that are continuous and consistent with Sierra Club v EPA . Commenters do not have any legal basis for failing to apply an emission standard to PRD releases. We believe that PRD releases at PVC facilities are caused by malfunctions or other occurrences
. However, such circumstances do not justify commenters’ suggestion that no standard applies to such releases. Further, the proposed affirmative defense would be available f or PRD releases ca used by malfunctions. Therefore, we are not exempt ing
emergency PRD releases in the final rule
. See Sierra Club v.
EPA , 551 F.3d 1019 (D.C. Cir. 2008)
. Therefore, the final rule provides that a PRD release, unless ducted to a control device meeting the pro cess vent limits, is a violation of the emission standard
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 175**  **of 511**  control any releases in a timely manner. Therefore, we are requiring you t o install electronic indicators on each PRD that would be able to identify and record the time and duration of each pressure release. In addition to ensuring that significant releases are addressed, these requirements will also alert operators to any operational problems with the PRD sea l that could be resulting in emissions to the atmosphere
. Furthermore, if danger is imminent and a PR D releases to the atmosphere, facilities have the ability to assert an affirmative defense. As discussed in the proposed rule, we are including an affirmative defense to civil penalties for exceedances of emission limits. See 40 CFR 63.120 05 of the propose d 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 judici al or administrative proceeding ). We also are requiring that 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 176**  **of 511**  event that causes an exceedance of the emission limit meets the narrow definiti on 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 evi dence 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 ensur e 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 jud icial 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 177**  **of 511**  may be assessed in accordance with s ection 113 of the CAA (see also 40 CFR 22.77).
Comment: Several commenters argued that multiple systems and procedures already exist at facilities to detect and remedy releases from PRD and , thus , automatic release indicators are redundant. T he se commenters stated retrofitting existing PRD with release indicators would be costly, and installation of these devices will not result in any emission reduction because they are indicators only. Commenters contend ed that the PVC industry is currently subject to both environmental and safety standards that adequately address concerns with the detection of emissions from relief devices, such as 40 CFR part 61 , subpart V requirements in 40 CFR 61.242

- 4 . Two co mmenters pointed out that most PVC plants typically have rupture discs installed below relief valves that discharge to the atmosphere, and monitor the space between the rupture disc and the PRD for leaks on a routine basis using a local pressure indicator and log this information for safety p urposes. One commenter contended that the EPA should at least perform a cost

- benefit analysis before finalizing this r equirement. Several commenters contended that given the cost, multiple systems currently in

- place, an d the lack of any emissions reductions, the EPA should delete the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 178**  **of 511**  requirement for release indicators at proposed 40 CFR 63.11915(c)
. Response : We acknowledge , based on information from the
commenters , that the PVC industry typically installs area monitors in addition to rupture discs in series with relief valves. We also acknowledge other commenters' statements that multiple systems and procedures exist to detect and remedy releases from PRD , although they did not identify specific systems or procedures for the EPA to consider
. However, t he commenters did not suggest that the EPA adopt any type of monitoring or recordkeeping requirement for PRD discharges, and
commenters' statements taken as a whole do not support a conclusion that all PVC facilities currently install and use effective means to detect and record PRD discharges for all of their PRD . R elease events from PRD have the potential to emit large quantities of HAP, and a large number of these rel eases that may occur may not be identified and controlled in a timely manner, and may be due to repeat problems that have not been corrected.
I n the final rule, PRD are required to be equipped with indicators to identify and record the time and duration of each pressure release. The requirement to install indicators to identify and record the time and duration of each pressure***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 179**  **of 511**  release is a compliance requirement to ensure the PRD requirements in the final rule are met. They help ensure that any PRD discharg e, i.e. , a release of uncontrolled HAP emissions, is immediately known to the source operator and recorded for future consideration by the facility or regulatory authority, so that remedial or preventative action can be taken to minimize or avoid PRD disch arges in the future
. The cost of the electronic indicators is incorporated in to the costs of the final rule. O ur cost estimates are based on the best information available to the EPA. While commenters indicated the EPA costs were underestimated, they did n ot provide sufficient information to revise our estimates. Additional discussion on our decisions regarding PRD is found in the response to the previous comment. 3 . Resin
Comment: One commenter noted that 40 CFR 63.11960(d)(2) and (3) of the proposed rul e state s that: “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).” The comment er added that the purpose of an operating range is to allow for normal variability and fluctuation inherent in the process, and by requiring that***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 180**  **of 511**  compliance measurements be performed at operating conditions resulting in the highest emissions, the a gency is artificially increasing both the chance that a single compliance measurement would be out of compliance, as well as the overall emissions loading used to evaluate the environmental performance of the unit. The commenter submitted that such operating limit s applied to resin strippers are inappropriate and that where conditions exist that operating limits are appropriate, proper measurement protocol would be to require sampling within the normal operating ranges, not at a particular point within. Response:

In our review of the resin sampling data in conjunction with the establishment of additional subcategories for stripped resins (see discussion above) , we recognize that while resin subcategories are established at t he type of resin, there are a multitude of resin grades produced by facilities that fall under a general resin type. Some facilities may produce on the order of hundreds of different grades for any one particular resin type. For the same reasons outlined a s to why we are I n the final rule, for stripped resins as well as for process wast e water , we are no longer requiring sources to comply with operating limits and conduct continuous parametric monitoring. T he requirements to conduct resin sampling are sufficient to assur e co mpliance with the stripped resin limits.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 181**  **of 511**  establishing additional subcategories for stripped resins in the final rule, we recognize that there are also differences in the formulations, recipes, and processing conditions in the polymerization reactors and/or resin stripper for diffe rent resin grades of the same resin type. The establishment of resin subcategories at the grade level would be impractical because an inordinate number of subcategories would have to be established for hundreds, if not thousands, of different grades of re sin. As such, the MACT limits established at the level of resin type will account for the inherent variability in not only the formulation and recipes of the different resin grades, but also the variation that must exist in the polymerization and stripping of different resin grades in order to meet established resin specifications and end

- user requirements. The final rule requires that compliance with the stripped resin limits be demonstrated based on a 24

- hour arithmetic average of samples taken every 3 ho urs for continuous strippers or at the end of each batch for batch strippers. The frequency of resin sampling that is required under the final rule is sufficient to ensure that continuous and batch stripping operations are in continuous compliance with the stripped resin limits. Therefore, requiring facilities to establish parameters on their stripping operations that must be monitored and maintained***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 182**  **of 511**  to ensure continuous compliance is not practical considering the multitude of operating limits and ranges th at would need to be established to cover the production of numerous grades of resin. We further recognize that given the establishment of resin limits at the outlet of the resin strippers, we can allow flexibility in the operation of the strippers while en suring that the resin limits are being met as the resin exits the stripper. Therefore, we have removed all requirements for continuous parametric monitoring of resin strippers from the final rule.
Comment: One commenter contended that a work practice stand ard is needed for startup periods for the resin slurry strippers. The commenter does not normally take samples for vinyl chloride within 2 hours of a PVC resin slurry stripper startup, but provided a table of information in their comment letter on four inv estigations undertaken on different days at different plants. The commenter stated that the first three products tested were relatively easy

- to

- strip grades, while the fourth product was a relatively hard

- to

- strip pipe

- grade resin. The commenter stated that a relatively short startup vinyl chloride spike is present for easy

- to

- strip resins, but that for the higher volume pipe grade resin with lower porosity (hard

- to

strip), the startup spike lasted at least 1 hour and , p ossibly ,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 183**  **of 511**  2 hours. T he commenter contended that , b ased on the variability seen in the slurry stripper startups, it is not possible to set a single numerical limit for startup conditions. Therefore, the commenter requested that the EPA establish a work pract ice allowing a 2

- hour time period following startup when no vinyl chloride samples shall be used for compliance purposes. Response: The resin limits apply at all times including during periods of normal operation and during periods or startup and shutdown. T he variability incorporated into the stripped resin limit calculation for each resin type will sufficiently allow for periods of concentration spiking during periods of startup. Compliance with the stripped resin limits is based on a
24

- hour arithmetic a verage of samples taken every 8 hours for continuous strippers or at the end of each batch for batch strippers. For a continuous stripper, samples must be taken every 8 hours or for each grade, whichever is more frequent. We believe the 24 hour averaging time and 8 hour sampling frequency will allow sources to demonstrate compliance with the stripped resin limits. Finally, section 112(h) of the CAA authorizes the EPA to set work practice standards in lieu of numerical emiss ion limits only where it is not feasible to prescribe or enforce a numerical emission standard. This statutory threshold is further defined to mean that HAP cannot be emitted “through a conveyance***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 184**  **of 511**  designed and constructed to emit or capture such pollutant” or “the application of measurement methodology to a particular class of sources is not practicable due to technological and economic limitations. ” The commenter did not provide any information to satisfy this statutory prerequisite to support the applicat ion of work practice standards to startup periods for resin strippers. Therefore, we disagree that a work practice should be established in lieu of a numerical emission limit for resin strippers during periods of startup.
4 . Wastewater
Comment: Several com menters contended that owner/operators should be exempt from the proposed initial and continuous vinyl chloride and HAP sampling requirements if they can document, through process knowledge or historical sampling data, that no HAP are present in the wastew ater stream. The commenters proposed that a ll documentation would be available to an inspector. Commenters contended that t he HON at 40 CFR 63.144(b) and 63.144(c) (s ubpart G ) allows for the use of sampling, bench scale data and/or process knowledge to det ermine concentration and flow rate of a wastewater stream. Response: In the final rule, we are requiring that for any process wastewater streams that are not being treated prior to being discharged from the PVCPU, facilities must sample those***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 185**  **of 511**  streams and d etermine if treatment is required to meet the process wastewater limits for vinyl chloride and total non

- vinyl chloride organic HAP. If after the initial sampling, treatment is not required to meet the limits, then those streams must only be retested annua lly or when a process change is made. T he final rule contains limits based on the MACT floor for total non

- vinyl chloride organic HAP. The total HAP concentration and flow rate cutoffs were included as a beyond

- the

- floor option at proposal in an effort to make the wastewater requirements consistent with other chemical sector rules, because the option was cost

effective. Based on our evaluation of the total non

- vinyl chloride organic HAP limits, we determined that the 1,000 ppmw threshold for total organic HAP, above which facilities would have been required to comply with the HON wastewater provisions, was not appropriate for the final rule as all streams must meet a limit for vinyl chloride and total non

- vinyl chloride organic HAP, that when combined (i.e., 116.8 ppmw for existing sources and 0.30 ppmw for new sources) is much lower than the previously proposed 1,000 ppmw threshold. We , therefore , removed the total
HAP flow rate cutoff and concentration cutoff, and flow rate d et ermination requirements from the final rule. A nnual re

sampling and testing of untreated streams is not overly burdensome and provides more reliable results than engineering***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 186**  **of 511**  estimates or process knowledge o n which to determine whether at some point in the future, an untreated stream must be treated to meet applicable limits
. Comment: Some commenters stated that the EPA should provide exemptions for certain safety

- related streams. The commenters contended that certain events may occur at a PVCPU that requir e the release and subsequent discharge of water, such as a fire or the use of eye wash stations and safety shower, and these activities have little to no chance of emitting HAP. The commenters stated that safety

- related streams are identified in HON at 63. 100(f)(1) through (11). In the absence of such exemptions, the commenters concluded that facility employees will be confused or hesitant because of a compliance dilemma at the worst possible time. Several commenters asked for clarification about which in

p rocess wastewater streams require control and treatment. Several commenters contended that maintenance wastewater streams should be regulated independently of process wastewater. The commenters stated that the capture of maintenance wastewater emissions is infeasible and thus warrants use of a work practice standard. The commenters stated that there are no known practical and effective methods for collecting and controlling fugitive emissions from a wastewater stream , which can vary***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 187**  **of 511**  considerably in HAP conc entration and flow rate. Several commenters argued that maintenance wastewater should not have a prescribed limit, but should have work practices to remove residuals prior to generation. A commenter stated that maintenance activities are non

- routine, highl y variable activities that require the purging, clearing and cleaning of equipment in preparation for safe handling by personnel. Some commenters added that maintenance wastewaters include dilute concentrations of HAP because industry takes efforts to remo ve residual HAP before equipment is flushed. The commenters concluded that quantifying a concentration to establish compliance with a limit would be extremely difficult if not impossible, because the “acceptable” level would be based on the specific circum stances involved. The commenters added that other MACT standards like the HON and MON provide a separate management option for maintenance or turnaround wastewater. The commenters contended that streams should be clearly defined by the point of determinat ion (POD) and not the proposed point of generation (POG). The commenters added that the POG concept is not defined or explained within either the VCM NESHAP or the proposed PVC MACT. Other MACT standards related to chemical process industries provide for s ampling at the POD and***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 188**  **of 511**  have exemptions in the rule related to the definition of
wastewater. Response: We agree with the commenters that it is not feasible to collect wastewater resulting from maintenance activities at PVC facilities such that it could be contained and routed to a wastewater treatment system. We disagree that maintenance wastewater generation activities are non

- routine
. We maintain that maintenance activities at PVC facilities are routine, but those activities result in the generation of

wa stewater in such a manner that it cannot be collected, enclosed , and routed to a wastewater treatment system or otherwise managed in a controlled or enclosed system as process
wastewater can. PVC facilities reported a variety of different work practices us ed for maintenance wastewater, but did not provide sufficient description or information necessary to determine the effectiveness of any one work practice alone or relative to other work practices. Furthermore, these streams can vary considerably in HAP concentration. Therefore, it is not feasible to prescribe or enforce an emission standard for maintenance wastewater and maintenance wastewater streams should be regulated separately from process wastewater. In the final rule , maintenance wastewater is not subject to the same requirements as process wastewater but instead is subject to***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 189**  **of 511**  work practice standards
. W e are incorporat ing into the final rule the maintenance wastewater work practice requirements used in other EPA standa rds, such as the HON. These work practice standards include preparing a description of maintenance procedures for management of wastewater generated from the emptying and purging of equipment in the process during temporary shutdowns for inspections, maint enance, and repair and during periods which are not shutdowns. As in the HON, f acilities can effectively implement these work practices to prevent or mitigate the emissions of HAP from wastewater generated during maintenance activities. We also agree that certain safety related activities that may generate a wastewater stream not be subject to the requirements for process wastewater. Therefore, we have added separate requirements in the final rule for maintenance wastewater streams. Furthermore, we have cla rified that certain safety

- related streams are not considered wastewater . These two revisions in the final rule are consistent with wastewater provisions in other MACT standards, such as the HON and MON. We have also removed all terminology related to “poi nt of generation” and “point of determination.” These terms created confusion for determining compliance with the standards. The final rule includes simplified language regarding where process wastewater streams must be tested to***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 190**  **of 511**  determine if treatment is required to meet the process wastewater limits. In the final rule, we are requiring that wastewater be measured immediately as it leaves a piece of process equipment and before being mixed with any other process wastewater stream. We have also clarified th at the limits must be met before the process wastewater stream is discharged from the PVCPU. 5 . Heat exchange systems
Comment: Several commenters stated that the proposed heat exchange systems monitoring methods are more restrictive than other 40 CFR part 63 NESHAPs . The commenters suggested that the EPA broaden proposed leak testing and compliance requirements for cooling water supply (in closed

- loop recirculation systems) and required heat exchange systems. The commenters identified several alternate comp liance methods: ( 1) Method 107, which focuses on vinyl chloride , not HAP, be included as a compliance option. Commenters contended that Method 107 , which is conducted

on site , allows for fast results (24 hours while Method 8021B tests can take a week) and quicker repairs to any leaking exchange systems; ( 2) Method 8260B, which commenters said should replace Method 8021B. Commenters stated that Method 8260B has a more comprehensive target chemical list ; test laboratories no l onger have the equipment or personnel capable of performing***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 191**  **of 511**  Method 8021B ; and Method 8021B is not incorporated by reference in 40 CFR 63.14 as is the Modified El Paso Method. Response: The leak action level for heat exchange systems is not an independent l imit on emissions , but rather is used as an indicator that there may be a leaking component and as a trigger level to take further action to remedy the leak. As discussed in the preamble to the proposed rule, the leak action level and associated repair req uirements for heat exchange systems are work practice standards under section 112(h) of the CAA and not numerical emission limits, similar to requirements applicable to equipment leaks. The proposed leak action levels and monitoring frequencies were establ ished based on t he information provided to us in responses to our August 21, 2009 , CAA section 114 information collection request of the PVC industry and subsequent requests by us of the industry requesting clarification on heat exchange system monitoring practices used in the industry. At proposal, we required measurement of total strippable VOC for detecting leaks of HAP into the cooling water, which are ultimately emitted downstream. Based on comments received, we have added an option for facilities to monitor their heat exchange systems using EPA Method 107, for vinyl chloride to monitor for leaks of total strippable VOC into cooling water
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 192**  **of 511**  Vinyl chloride is the primary raw material i n the manufacture of PVC and is present in all process streams. Therefore, if either total strippable VOC or vinyl chloride leaks are detected, repair of the leaks will control the leaks for all HAP. The process streams are cooled by cooling water in non

- c ontact heat exchangers. If there is a leak of a process stream into the cooling water, for example, through a broken heat exchanger tube bundle, vinyl chloride concentrations would increase in the cooling water. A leaking process stream that contains other HAP in addition to vinyl chloride would also leak those other HAP into the cooling water. In a recirculating heat exchange system that contains a cooling tower, the cooling water is exposed to the atmosphere at the cooling tower. It is sufficient to estab lish a leak action level for heat exchange systems at PVC facilities based on a level of vinyl chloride that, if detected in the cooling water, would indicate a leak of the process
stream and all HAP contained in that process stream into the system. Therefore, we determined that for this industry, vinyl chloride is also an appropriate indicator to determine if there is a leak in a heat exchange system. Furthermore, EPA Method 107 is an est ablished method for the analysis of vinyl chloride in wastewater samples.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 193**  **of 511**  Our approach at proposal to determining a MACT floor for heat exchange systems was to calculate the average (arithmetic mean) leak action level from the five reported lowest leak
act ion levels to determine the floor for existing sources, and the single lowest leak action level to determine the floor for new sources. Similarly, we looked at the range of monitoring frequencies and selected the median frequency from nine heat exchange sy stems for existing sources and the most frequent monitoring period for new sources. We have revised the leak action level at the MACT floor for existing sources based on the median leak action level for total strippable VOC from the top five lowest leak ac tion levels reported
. Similar to our approach to determining the MACT floor for equipment leaks, it is appropriate to evaluate the median of leak action levels instead of calculating the arithmetic mean
. We determined that the leak action level for total s trippable VOC for the existing source MACT floor is 50 ppbw. The lowest leak action level reported was also 50 ppbw and represents the revised MACT floor leak action level for new sources . Therefore, in the final rule, the leak action level for total strip pable VOC in cooling water is 50 ppbw with monthly monitoring, for both existing and new sources. The methods used by facilities to monitor for VOC include the Modified El Paso Method and EPA Method 624. In the final rule,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 194**  **of 511**  we have revised the cooling water monitoring method from Method 8021B to EPA Method 624, but we have not changed the option to monitor using the Modified El Paso Method. To develop a leak action level for vinyl chloride, we looked at the leak action levels and monitoring frequencies
repor ted by facilities that perform vinyl chloride monitoring using EPA Method 107. We determined a vinyl chloride leak action level based on the median leak action level reported by facilities that monitor for vinyl chloride. Those leak action levels range fro m 50 ppbw to 5,000 ppbw with monitoring frequencies between monthly and quarterly. To determine the MACT floor level of control, we conducted an analysis similar to the analysis conducted for equipment leaks; an analogous emission source that is fugitive i n nature where control is a work practice and not an emission limit. The existing source MACT floor level of control for equipment leaks was calculated using the average (median) level of control of work practices at the best

- performing five sources. We de termined that the median leak action level for heat exchange systems was 50 ppbw. The MACT floor analysis results in a leak action level for vinyl chloride for existing sources of 50 ppbw with monthly monitoring. The lowest leak action level reported was a lso 50 ppbw and represents the revised MACT floor for new sources. Therefore, in***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 195**  **of 511**  the final rule, the leak action level for total strippable VOC in cooling water is 50 ppbw with monthly monitoring, for both existing and new sources. This analysis is documen ted in the memorandum Revised Maximum Achievable Control Technology ( MACT ) Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category and is available in the docket.

Comment : One commenter stated that in the preamble to the proposed rule, the EPA has indicated that for "other emission sources," requirements from p art 61 NESHAP constituted the MACT floor level of control and that , in turn , was used to set the proposed limits , which requires complying with a vi nyl chloride percent reduction. However, the commenter added, the rule requires sources to comply with a total HAP percent reduction, while the preamble only requires sources to comply with a vinyl chloride percent reduction. T he commenter contended that sources have been using a method for sampling and detecting vinyl chloride for years, and measuring total HAP will introduce an additional layer of complexity to the compliance requirement. The commenter requested that the EPA r eview the rule language and make it consistent with the preamble language by replacing total HAP with vinyl chloride. 6 . Other Emission S ources***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 196**  **of 511**  Response: In the final rule , as in the proposed rule, we are requiring work practices that require venting the emissions from process comp onents and equipment through a closed vent system to a control device prior to opening to minimize emissions. This is typically achieved by sweeping the component or equipment several times with nitrogen to reduce the concentration of HAP in the vapor spac e of the component or equipment. T hese work practices will reduce emissions of all HAP present in the component or equipment prior to opening. In the final rule we are setting standards for this emission source based on vinyl chloride because the Part 61 N ESHAP, which constitutes the MACT floor level of control for reactor and equipment openings , requires work practices to specifically control vinyl chloride emissions. It is appropriate to continue to set the standards based on vinyl chloride because it will always be present at this emission point, and controlling it will control all other HAP.
Comment: C ommenters stated that gasholders should not be regulated as stora ge vessels, but should be considered as surge control vessels, due to their process functions. Specifically,

c ommenters contended that based on the CAA liquid storage definitions and associated requirements, gasholders do not meet the definitions of “fixed roof” storage vessel or “floating***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 197**  **of 511**  roof” storage vessel and , thus , recommended that gasholders be defined as surge control vessels in 40 CFR 63.12005. One commenter also agreed with the EPA that gasholder seal water should not be regulated as wastewater.
T he commenters stated that it is impractical to measure gasholder fugitive emissions or route them to a stack, thus work practices should be used to control these gasholder emissions. One commenter recommended that the EPA regulate PVC MACT gasholders in th e same way as other surge control vessels at 40
CFR p art 63, s ubpart H . The commenters stated that the PVC MACT standard for gasholders should be a combination of equipment control and procedural requirements. The commenter described studies undertaken to determine the feasibility of certain control technologies like the use of floating objects to cover the water seal, finding that though these approaches can reduce emissions, they have drawbacks as well, and thus should be used in combination with procedur al standards. One commenter provided information related to emissions and controls for gasholders, as requested by the EPA in the preamble. The commenter stated that gasholders are important for safety and stability of the operation in the PVC process, wit h the process equipment specifically designed around gasholders to maintain safe pressure and gas flow to the closed vent and vinyl***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 198**  **of 511**  chloride recovery systems. According to the commenter, any changes to the design of the existing system could compromise saf ety procedures and would impose a burdensome capital investment. Finally, the commenter recommended the use of floating objects , such as balls, hallow disks, an oil layer or rubber mats, in the gasholder water seal for emissions reductions, because it is a flexible system that provides a consistent degree of control without creating additional waste management concerns. Response : In the proposed rule, we requested comment on techniques to control emissions from gasholders. We reviewed the information submit ted by the industry and have concluded that it is not feasible to prescribe or enforce an emission standard for emissions of vinyl chloride or other HAP from the water seal and the outside of the floating bell on gasholders. For PVC facilities that have g asholders , they are an integral part of the vinyl chloride recovery process and are connected to the closed vent system that collects and rout e s process vent emissions from process components to the vinyl chloride recovery system. After vinyl chloride reco very, any remaining process vent gasses are routed through the closed vent system to a control device. There are , however , emissions from gasholders that originate from the water seal and the outer portion of the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 199**  **of 511**  floating bell that are fugitive in nature. The water seal contacts vinyl chloride and other HAP contained in the gasholder , and thus , there is the potential to emit HAP from the water in the gasholder seal and the thin film of water that accumulates on the outer surface of the floating bell. It is not technically practicable to route these emissions into or through a conveyance designed and constructed to capture and control them to an enforceable emission limit. Therefore, in the final rule, we are promulgating a work practice and equipment standar d consistent with the provisions of section 112(h) of the CAA. In the final rule, we are requiring facilities to install and maintain floating objects on the surface of the gasholder water seal to minimize emissions of vinyl chloride and other HAP. We

are also requiring facilities to develop a standard operating procedure for each gasholder to ensure that the floating objects are properly maintained and that emissions are minimized.

Commen t: Three commenters stated that the EPA should remove CDD/CDF CEMS from the rule. The commenters contended that CDD/CDF CEMS technology is not well developed. One commenter stated that an EPA CDD/CDF CEMS study noted that, within the range of 1

- 10 ng/dscm, TEQ relative accuracy was reported G
. Initial and C ontinuous C ompliance and Recordkeeping and
R eporting***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 200**  **of 511**  between 23 percent and 75 percent. The commenter contended that the technology would not be useful with such a wide range of relative accuracy at the proposed limit. Another commenter stated that the technology is not co mmercially available in the United States. Another commenter indicated that monitors in use are mainly in other countries. Another commenter added that several of the available monitors are not continuous because they are not real time and require using a third party lab for results. Response: We agree with the commenter on the availability of CEMS for CDD/CDF . CEMS for CDD/CDF and HCl are still being developed and the EPA does not have specifications for the technology currently. In the final rule, we have removed the requirement for CDD/CDF and HCl CEMS, but have retained them as an option for existing and new sources once performance specifications have been promulgated.

Comment: One commenter stated that, if the PVC MACT and GACT are combined, the EPA needs to fully consider the cost of the MACT on area sources and modify the requirements to minimize the burden on area sources. The commenter stated that GACT standards required by CAA section 112(d)(5) are different from MACT standards under CAA section 112(d)(3) and, though the H . Area S ources***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 201**  **of 511**  technologies employed in these facilities are similar, the EPA has not performed the required economic analysis in setting
GACT. One commenter stated that, given the burdens on reduced workforces at smaller facilities, scaled

- back requirements such as reduced stack testing frequency or reduced CPMS requirements are warranted and will have no negative impact on air emissions or compliance at area source facil ities. The commenter added that the economic impact of the proposed PVC MACT on area sources makes these measures necessary for the facilities to remain financially viable. One commenter stated that the proposed GACT standard for process vents for vinyl ch loride and CDD/CDF are not appropriate or cost effective, based on small emissions reduction and high cost calculated in the EPA’s analysis
. The commenter added that these limits are redundant since total organic HAP includes vinyl chloride and CDD/CDF and , thus, they contend ed that the vinyl chloride standards should be eliminated. One commenter made several comments regarding the pollutants proposed for regulation for area sources under GACT. The commenter stated that regulation of “total HAP” and “CDD/CD F” under the area source GACT standard is not warranted because, although the agency has discretion to regulate all urban HAP for area sources , total HAP is not an urban HAP (they***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 202**  **of 511**  contend that classifying total HAP as an urban HAP would make the list meani ngless), and CDD/CDF is not a HAP at all (thus, the EPA has no authority to regulate CDD/CDF under CAA section 112). Furthermore, the commenter contended that control technologies already used by CertainTeed to control vinyl chloride also achieve control o f individual organic HAP. For CDD/CDF, the commenter pointed out that the EPA’s own analysis showed that the proposed regulation would achieve little, if any, reductions. The commenter concluded that there is no benefit to establishing a standard for total HAP or CDD/CDF. The
commenter added that the regulation of HCl under the area source GACT standard is not warranted either. They contended that, because the EPA has the discretion to revise the GACT standard only as necessary, the EPA must first determine that regulation of HCl is necessary. Instead, the commenter stated that the EPA seeks to regulate HCl emissions and suggests that such regulation is “appropriate” simply based on the fact that such emissions “are generated.” In light of this, the commente r concluded that the proposed GACT standards for HCl should not be finalized. Response: We proposed GACT standards for PVC area sources based on the proposed MACT standards for major sources
. For the final rule, we have updated our analysis of area source GACT ,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 203**  **of 511**  considering comments received , including our analysis of cost considerations
. Our revised GACT analysis assesses each PVC emission point ( e.g. , process vents, stripped resin, equipment leaks, etc.) individually, for both existing and new sources, to determine the appropriate level of control, considering cost and emission reduction. The GACT analysis was conducted for the same subcategories as major sources. Section 112(d)(5) of the CAA authorizes the EPA to promulgate standards or requirements for area sources "which provide for the use of generally available control technologies or management practices [GACT] by such sources to reduce emissions of hazardous air pollutants." We issued su ch standards for PVC area sources in 2007. 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 sect ion 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 set emission limits only for vinyl chloride, which was the pollutant for which we needed***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 204**  **of 511**  the PVC p roduction area source category to meet our 90

- percent obligation in CAA section 112(c)(3) and (k)(3)(B). In this final rule, we are tightening emission standards for vinyl chloride under CAA section 112(d)(6)
. We are also establishing emission standards for CDD/CDF and THC for process vents ( with an alternative compliance limit for total organic HAP ) and total

non - vinyl chloride organic HAP for stripped resins and
wastewater under CAA section 112(d)(5). We are also setting work practice standards under CAA section 112(h). In this final rule, we have determined that area source emission limits should be set for T HC as a surrogate for organic HAP, along with limits for CDD/CDF and vinyl chloride , for process vents, and for total non

- vinyl chloride organic HAP and vinyl chloride for stripped resins and process wastewater
. We discussed earlier in this preamble our sp ecific reasons for establishing emissions limits for these pollutants from PVC facilities. We also determined that it is appropriate to provide a total organic HAP limit as an alternative to the THC limit for process vents at area sources, just as we did f or PVC major sources. We disagree with the commenter who states that the EPA should not establish a total organic HAP limit (or total non

vinyl chloride organic HAP limit for stripped resins and process wastewater) because total organic HAP is not an urban HAP. We***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 20**  **5 of**  **511** note that t he commenter concedes that the agency has discretion to regulate all urban HAP for area sources
. As explained in other area source rules , such as the final National Emission Standards for Hazardous Air Pollutants for Chemical Manufactur ing Area Sources (70 FR 56018, October 29, 2009) , the agency has discretion to set standards for all urban HAP, which in this case includ es CDD/CDF and organic HAP, and to not limit standards to only the urban HAP for which the area source category was lis ted ( i.e. , vinyl chloride). T he comment that we should limit area source standards to only the urban HAP is also in conflict with other industry comments advocating THC as a surrogate. As we explained previously in preamble section V.C, THC is a reasonable surrogate for controlling all organic HAP from PVC process vents. However, while control of THC ensures control of all organic HAP (as does the total organic HAP alternative), THC cannot differentiate between organic HAP that is urban HAP and organic HAP that is not urban HAP . The commenter’s statement also is in conflict with our determination that a total non

- viny l chloride organic HAP emission limit is an appropriate limit for stripped resins and process wastewater in order to account for the variability in emissions due to the different resin grades produced, often at one facility (see discussion at preamble sect ion V.C). Further, the EPA has***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 206**  **of 511**  discretion to regulate all HAP where we have listed a source category. However, we agree with the commenters that it is not necessary to set separate limits for HCl from process vents at
PVC area sources. We disagree with the commenter’s statement that CDD /CDF is
not a HAP. 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 h ave the authority to regulate these compounds. We disagree with the commenter who stated reduced stack testing frequency or reduced CPMS requirements are warranted for area sources. We believe that these requirements are necessary to demonstrate complianc e with the emission limits regardless of the size of the facility or the magnitude of emissions. Therefore, the same testing and monitoring requirements apply to both major and area sources. Since the PVC

- only and PVC

- combined process vent area source limi ts are based on the facility in each subcategory, no additional controls would be needed and no emission reductions would occur. Monitoring, recordkeeping and reporting would be the only costs. (See Tables 16 and 17 of this preamble.) We agree with the com menter that total organic HAP includes vinyl chloride and dioxins and furans, but we disagree Comment [A10]: Please clarify what is meant b y this. Why is it relevant if you have listed a source category, or is there more that should qualify that statement. Further, why do you have the discretion to regulate all HAP if you listed a source category for specific HAP?***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 207**  **of 511**  that vinyl chloride standards should be eliminated, since vinyl chloride emissions limits already apply to PVC facilities under Part 61, and they serve as a check on a unit’s recovery process efficiency and since physical measurement of vinyl chloride from process vents occurs only every 5 years. While distinguishing vinyl chloride emissions from other HAP is possible for the total organic HAP emission limit, In d etermining what constitutes GACT for this final 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 PVC area source s . We also considered the control measures applicable to PVC major sources to determine if the control technologies and management practices are transferable and generally available to area sources. As part of the GACT determination, we considered the costs and economic impacts of available control technologies and management practices on area

sources which are documented in the technical memorandum, Generally Achievable Control Technology (GACT) Analysis for Area Sources in the Polyvinyl Chloride a nd Copolymers (PVC) Production Source Category , which is available in the docket
. Under CAA section 112(d)(5), the EPA can promulgate standards or requirements for area sources "which provide for***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 208**  **of 511**  the use of generally available control technologies or
manag ement practices [“GACT”] 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: * * * met hods, 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.
C onsistent 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 source s 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 209**  **of 511**  whether such technologies and practices could be considered generally available for the area source categories at issue. We determi ned new and existing area source standards for each emission point by evaluating the current (also referred to as baseline) level of control and control options beyond the current level of control. For each emission point, we determined the current level of control for existing area sources , incorporating variability
. If

no area source currently exists in the category or subcategory, the least controlled major source, in each subcategory for each regulated pollutant , as applicable , was analyzed as the base line level of control for GACT
. We also evaluated having the area sources meet the major source level of control but determined that it was not The only two existing PVC area source s that we are aware of produce bulk resin and suspension resin, respectively
. No existing area sources produce dispersion resin, suspension blending resin, or copolymer resin. However, if an existing PVC major source is able to become a synthetic area
source, e.g. , by taking a federally enforceable limit on its potential to emit , before the first compliance date of this rule, it would be subject to area source rather than major source PVC NESHAP requirements. Therefore, in order to develop GACT standards for other stripped resin subcategories, we***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 210**  **of 511**  determined the baseline level of control for these subcategories in which there is no existing area source to be equivalent to that of the least controlled major source , i.e. , for the dispersion, suspension blending, and copolymer subcategories for stripped resins
. For t he suspension blending and copolymer subcategories, there is only one major source. So for these subcategories of stripped resin, the level of control of the least controlled major source was the same as the major source MACT floor level of control. In add ition, gasholders are the only emission source that are located at major sources but not located at area sources . Therefore, we determined that the baseline level of control for gasholders is equivalent to that of the least controlled PVC major source with a small gasholder. We believe that all future possible existing area sources should be able to achieve these levels of control , as we predict that most, if not all, such sources will be major sources that limit their potential to emit to levels below the major source thresholds before the first substantive compliance date of this rule. See 42 U.S.C. 112(a)(1); 40 C.F.R. 63.2 (definition of “potential to emit”). For equipment leaks, heat exchange systems, and storage vessels, we determined that the level of control was the same as the major source work practice standards.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 211**  **of 511** 
We are also establish ing new source GACT. We have data from the two existing area source facilities, and those facilities form the basis of our new source GACT analysis. For the PVC

combined process vents, PVC

- only process vents, bulk resin and suspension resin subcategories, we have data from one area

source facility. For the other emission points (except for dispersion resin, suspension blending resin and copolymer resin discussed in the previous paragraph) both facilities are equivalent in terms of their current level of control. For equipment leaks, the CertainTeed Lake Charles facility and the OxyVinyls Deer P ark facility both comply with 40 CFR part 61, subpart V. Therefore, we find that the level of control for new

area sources is equivalent to the level of control for existing

area sources. Control options beyond the current or baseline level of control for existing sources were analyzed on a basis of cost effectiveness. We determined the emission reductions, if any, associated with existing PVC area sources meeting levels of control more stringent than the current or baseline level of control. We then estimated the annual cost of testing, monitoring, r ecordkeeping and reporting, and any operating and maintenance costs associated with control devices required to
meet the more stringent control levels. We developed a cost***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 212**  **of 511**  effectiveness estimate by dividing the annual cost of the more stringent control lev el with the annual emission reduction. The control options analyzed are as follows:
For PVC

- o nly and PVC

- c ombined process vents at new and existing area sources, for each subcategory, we analyzed two additional control options beyond the current level of control
. The first option was requiring the current level of control , as discussed above, and the testing and monitoring requirements for process vents at existing major sources. The same types of controls are used at both existing area and major sources. The testing and monitoring necessary to ensure compliance with the emission limits and to ensure proper operation of the control device are the same regardless of the size of the control device. The second option was requiring meeting the emission limits f or existing major sources in addition to the testing and monitoring requirements for existing major sources.
For PVC

- o nly process vents at new and existing area sources, we determined that the second option was not cost effective; instead , we concluded tha t the first option was appropriate. We determined that the major source testing and monitoring requirements are appropriate and necessary to ensure that area sources are in compliance with the process vent standards, whether those required standards are th e current***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 213**  **of 511**  level of control or major source standards. Therefore, we are requiring PVC

- o nly and PVC

- combined process vents at new and existing area sources to comply with GACT by meeting the current level of control and the testing and monitoring requirements for existing major sources. For stripped resins at new and existing PVC area sources, we analyzed two additional control options beyond the current or baseline level of control for e ach subcategory. The first option was requiring the current or baseline level of control and the testing and monitoring requirements for stripped resins at existing major sources. The second option was meeting the emission limits for existing major sources in addition to the testing and monitoring requirements for existing major sources. For the bulk and suspension resin subcategories, we are setting the stripped resin limits for new and existing area sources equivalent to their current level of control , ac counting for variability, and testing and monitoring requirements for major sources for each stripped resin subcategory. For dispersion resins, GACT is based on the baseline level of control, i.e., the least controlled major source and limits were develope d for dispersion resins based on data from that source. For the suspension blending and copolymer resin subcategories, we are requiring the emission limits for existing major sources since***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 214**  **of 511**  there was only one source in each of these subcategories (i.e., the baseline level of control was the level of control the existing major source) in addition to the testing and monitoring requirements for existing major sources
. Similar to process vents, we determined that it is appropriate to require testing and monitori ng requirements for major sources to ensure compliance. For process and maintenance wastewater at new and existing
PVC area sources , we analyzed three additional control options beyond the current baseline . The first option was requiring the current level of control and the testing and monitoring requirements for wastewater at existing major sources. The second option was meeting the emission limits for existing major sources in addition to the testing and monitoring requirements for wastewater at existing major sources. The third option was meeting the emission limits for new major sources in addition to the testing and monitoring requirements for wastewater at existing major sources. We determined that t he second option of emission limits for existing majo r sources was less stringent than ( i.e. , not beyond) the current baseline for new and existing area sources. We determined that the third option of emission limits for new major sources were not cost effective for new or existing PVC area sources. Therefore, we are***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 215**  **of 511**  requiring process and maintenance wastewater at new and existing area sources to comply with GACT by meeting the current baseline and the major source testing and monitoring requirements. Similar to process vents, we determined that it is appropriate to require testing and monitoring requirements for major sources and necessary to ensure that area sources are in compliance with the process and maintenance wastewater standards. For equipment leaks and for heat exchangers at new and existing PVC area sources, we analyzed one additional control option beyond the current level of control
. The additional option was meeting the emission standards for equipment leaks and for heat exchangers at existing major sources. We determined that the emissio n standards for equipment leaks and heat exchangers at existing major sources are cost effective for new and existing area sources . Therefore, we are requiring new and existing area sources to comply with GACT by meeting the equipment leak and heat exchang er standards at existing major

sources. For storage tanks at new and existing PVC area sources , we analyzed one additional control option beyond the current baseline. The additional option was meeting the emission standards for storage tanks at existing m ajor sources. We determined the emission standards for storage tanks at existing***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 216**  **of 511**  major sources are cost effective for new and existing area sources. Therefore, we are requiring new and existing area

sources comply with GACT by meet ing the emission standard s for existing major sources
. For other emission sources, the current level of control is emission standards for reactor and other equipment openings equivalent to the requirements in 40 CFR part 61, subpart F, which is also equivalent to the major source level of control
. We analyzed an additional option for gasholders equivalent to the emission standards for gasholder s at major sources . The option was determined to be cost effective for new and existing area sources. Therefore, we are requiring that new and existing area sources comply with GACT by meeting the emission standards for gasholders and re actor openings at major sources
. Tables 16 and 17 present a summary of the control option s analysis for new and existing area sources
. **Table 16**  **. Summary of Control Option Analysis**  **for Existing Area Sources** 

**Emission**

**Point Control Option**  **Analyzed Beyond Current Level of**  **Control Incremental**  **Annual Cost of**  **Compliance ($/yr)**  **Emission Reductions**  **( tpy**  **- Total HAP)**  **Cost Effectiveness**  **($/ t**  **on Total HAP)** 

PVC

- only process vents Major Source Testing and Monitoring 10,890 0

- a Existing Major Source emission standards, monitoring and testing 180,245 0.257 701,814 PVC

combined process Major Source Testing and Monitoring 10,890 0

- a Existing Major Source 10,890 0

- a***E.O. 12866 Review

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**Emission**

**Point Control Option**  **Analyzed Beyond Current Level of**  **Control Incremental**  **Annual Cost of**  **Compliance ($/yr)**  **Emission Reductions**  **( tpy**  **- Total HAP)**  **Cost Effectiveness**  **($/ t**  **on Total HAP)** 
vents emission standards, monitoring and testing Stripped resins ( a ll s ubcategori es) Major Source Testing and Monitoring 10,615 0

- a Existing Major Source emission standards, monitoring and testing 10,615 0

- a

Process and m aintenance w astewater Major Source Testing and Monitoring 19,777 0

- a Existing Major Source emission standards, monitoring and testing 19,777 0

- a New Major Source emission standards, monitoring and testing 2,996,390 12.2 245,516 Maintenance w astewater Major Source Work Practices Equipment l eaks Existing Major Source emission standards, monitoring and testing 72,525 9.29 7,807

Heat e xchangers Existing Major Source emission standards, monitoring and testing 25,529 15.1 1,691 Other e mission s ources Existing Major Source emission standards, monitoring and testing 3,108 0 $4,921 b
Storage t anks Existing Major Source emission standards, monitoring and testing 3,108 0 2,000

- 12,000 c

a Option does not result in emission reductions; therefore, a cost

effectiveness was not applicable. b Emission reductions and costs were calculated for retrofitting a model small

gasholder with floating objects to reduce emissions from the gasholder water seal. The results of the analysis showed that cost effectiveness was equal to $4,921 per ton of vinyl chloride reduced. We are not aware of any gasholders operated at existing PVC area sources; therefore no emission reductions are shown.
c Emissions reductions and costs were calculated for retrofitting subpart WW

controls on model fixed roof tanks meetin g 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. Based on information submitted by PVC production facilities, no storage vessels from affected sources that meet the capacity levels storing materials that meet the vapor pressure levels were identified. Therefore, it was assumed that no storage vessels meeting capacity levels storing mater ials that meet the vapor pressure levels would be constructed at a new source. $/yr

– dollars per year.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 218**  **of 511** 
tpy

– tons per year. $/Ton Total HAP

– dollars per ton of total HAP. MACT

– maximum achievable control technology. BTF

– beyond the floor. **Table 17**  **. Summary of Control Option Analysis for New Area**  **Sources**

**Emission**

**Point Control Option**  **Analyzed Beyond Current Level of**  **Control Incremental**  **Annual Cost of**  **Compliance ($/yr)**  **Emission Reductions**  **( tpy**  **- Total HAP)**  **Cost Effectiveness**  **($/ t**  **on Total HAP)** 

PVC

- only process vents Major Source Testing and Monitoring 10,890 0

- a Existing Major Source emission standards, monitoring and testing 180,245 0.257 701,814

PVC

combined process vents Major Source Testing and Monitoring 10,890 0

- a Existing Major Source emission standards, monitoring and testing 10,890 0

- a Stripped r esins ( a ll s ubcategori es) Major Source Testing and Monitoring 10,615 0

- a Existing Major Source emission standards, monitoring and testing 10,615 0

- a

Process and m aintenance w astewater Major Source Testing and Monitoring 9,888 0

- a Existing Major Source emission standards, monitoring and testing 9,888 0

- a New Major Source emission standards, monitoring and testing 1,988,368 8.91 223,169 Maintenance w astewater Major Source Work Practices Equipment l eaks Existing Major Source emission standards, monitoring and testing 36,263 4.64 7,807

Heat e xchangers Existing Major Source emission standards, monitoring and testing 12,764 11.4 1,117 Other e mission s ources Existing Major Source emission standards, monitoring and testing 3,032 0.616 4,922
Storage t anks Existing Major Source emission standards, monitoring and testing 1,554 0 2,000

- 12,000 b

a Option does not result in emission reductions; therefore, a cost

effectiveness was not applicable. b Emissions reductions and costs were calculated for retrofitting subpart WW

controls on model fixed roof tanks meeting Subpart Kb vapor pressure and***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 219**  **of 511**  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. Based on information submitted by PVC production facilities, no storage vessels from affected sources that meet the capacity levels storing materials that meet the vapor pressure levels were identified. Therefore, it was assumed that no storage vessels meeting capacity levels storing materials that meet the vapor pressure levels would be constructed at a new source. $/yr

– dollars per year. tpy

– tons per year. $/Ton Total HAP

– dollars per ton of total HAP. MACT

– maximum achievable control technology. BTF

– beyond the floor. A detailed discussion of these options and the cost and impacts estimated for them is found in the memorandum, Generally Achievable Control Technology (GACT) Analysis for Area Sources in the Polyvinyl Chloride and Copolymers (PVC) Production Source Category , and is available in the docket. The results of the GACT analysis are presented in Section VI.A and VI.B of this preamble. The summary of the area source requirements in the final rule is discussed in Section IV.I of this preamble.
Comment : One commenter disagreed with the EPA’s proposed equipment leak standards. The commenters stated that the EPA’s estimat es of baseline fugitive emissions are not valid and not representative of CertainTeed’s actual measured fugitive emissions from equipment leaks, because EPA estimated the emissions from equipment leaks by applying average emission factors instead of relyin g on actual measured data. The
commenter contended that because of these estimates, the EPA***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 220**  **of 511**  grossly overestimated the level of fugitive emission reductions. The commenter concluded that because of these overestimations, the cost of the proposed Equipment L eak GACT standards cannot be justified by the potential emission reductions. Response : At proposal, we estimated baseline emissions and reductions for fugitive emissions from equipment leaks using the 1995 EPA Protocol for Equipment Leak Emission Estimates . We agree with the commenter that the 1995 factors yield conservatively high estimates of actual emissions. As part of the technology review required by s ection 112(d)(6) of the CAA, the EPA has developed new emission factors for equipment leaks that bett er represent fugitive emissions at chemical manufacturing processes and petroleum refineries. Emission factors were developed using facility data from the Miscellaneous Organic NESHAP MACT floor development and the EPA Office of Air Quality and Planning St andards Protocol for Equipment Leak Emission Estimates. (Please refer to the memorandum in the docket titled Technology Review for Equipment Leaks for additional information regarding the development of new emission factors for equipment leaks.) Although t he commenter provided annual fugitive emissions from equipment leaks for years 2007 through 2010, the commenter did not provide any equipment leak monitoring records, test reports, or***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 221**  **of 511**  additional documentation supporting their emission estimates
. Therefore, we have chosen to estimate fugitive emissions for both major and area sources using the updated emission factors for consistency across all PVCPU. Using updated emission factors and equipment counts provided by CertainTeed where available, we ha ve updated the baseline emission estimate for fugitive HAP emissions from equipment leaks at the CertainTeed facility to 10 tpy . We have also updated our emissions reduction estimate to 4.64 tpy of HAP as a result of the facility complying with 40
CFR p art 63, s ubpart UU. We have also updated the total capital investment and total annualized costs of the CertainTeed facility complying with

s ubpart UU and installing and operating a pressure relief device monitoring system using equipment counts where provid ed by the facility. The analysis is documented in the memorandum titled Generally Achievable Control Technology (GACT) Analysis for Area Sources in the Polyvinyl Chloride and Copolymers (PVC) Production Source Category in the PVC docket
. The total cost eff ectiveness is estimated to equal $6,840 dollars per ton of total HAP; therefore, we are finalizing the requirements for area sources to comply with 40 CFR p art 63, s ubpart UU and install and operate a pressure relief device monitoring system.
I. Definitions***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 222**  **of 511**  The following definition s ha ve been revised since the proposal : B atch process vent, conservation vent, continuous process vent, grade, in HAP service, operating scenario, polyvinyl chloride, polyvinyl chloride and copolymers production
process unit or PVCPU, polyvinyl chloride copolymer, pressure relief device, process vent, solution process, type of resin and
wastewater. We have revised the definition of batch process vent to provide consistency with our revisions to the definitions of continu ous process vent and process vent and to clarify that batch process vents must be routed to a closed vent system and control device. We also clarify that all emission episodes associated with a batch unit operation are part of the batch process vent. We ha ve also removed language from the definition that excluded certain types of vents or vents from certain components or equipment. In the final rule, batch process vent means a vent from a batch operation from a PVCPU through which a
HAP

- containing gas strea m has the potential to be released to the atmosphere except that it is required by this subpart to routed to a closed vent system and control device. Emissions for all emission episodes associated with the unit operation(s) are part of the batch process ve nt. Batch process vents also include vents with intermittent flow from continuous operations.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 223**  **of 511**  Examples of batch process vents include, but are not limited to, vents on condensers used for product recovery, polymerization reactors and process tanks. We have revised the definition of conservation vent to provide additional clarification. In the final rule, 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 must be designed to open only when the operating pressure of the storage vessel exceeds the maximum allowable working pressure of the process componen t. 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. We have revised the definition of continuous process vent
to provide consis tency with our revisions to the definitions of batch process vent and process vent. We also clarify that continuous process vents must be routed to a closed vent system and control device. In the final rule, continuous process vent means a vent from a cont inuous PVCPU operation through which a
HAP

- containing gas stream has the potential to be released to the atmosphere , except that it is required by this subpart to***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 224**  **of 511**  routed to a closed vent system and control device and has the following characteristics: (1) The gas stream originates as a continuous flow from any continuous PVCPU operation during operation of the PVCPU. (2) The discharge into the closed vent system and control device meets at least one of the following conditions: (i) Is directly from any con tinuous operation. (ii) Is from any continuous operation after passing solely ( i.e.

(iii) Is from a device recovering only mecha nical energy from a gas stream that comes either directly from any continuous operation or from any continuous operation after passing solely ( , without passing through any other unit operation for a process purpose) through one or more recovery devices within the
PVCPU.

i.e.

We have revised the definition of grade to specify resin “type” instead of resin “classification” since resins are first classified by type, and types are further subdivided into grades. We have also provided an example of a resin grade . In the final rule, grade means the subdivision of PVC resin that describes it as a unique resin, i.e. , the most exact description , without passing through any other unit operation for a process purpose) through one or more recovery device s within the
PVCPU.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 225**  **of 511**  of a type of resin with no further subdivision. Examples include low molecular weight suspension resins and general purpose suspension resins.
We have revised the definition of in HAP service
. In the final rule, in HAP service

We have revised the definition of 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 40 CFR 63.180(d). For the purposes of this definition, the term “ in organic HAP service , ” as used in 40 CFR 63.180(d) , means “in HAP service
. ” The provisions of 40 CFR 63.180(d) also specify how to d etermine that a process component is not in HAP service. polyvinyl chloride to clarify that it includes homopolymers and copolymers . In the final rule, polyvinyl chloride

We have revised the definition of means either polyvinyl chloride homopolymer or polyvinyl chloride copolymer.
PVCPU to remove components that are storage tanks or vessels, heat exchange systems, wastewater and wastewater collection and treatment systems, and add instrumentation systems . Multiple P VCPU may be located at the same affected source and share storage tanks, heat exchange systems and process wastewater treatment systems. Therefore this shared equipment has been removed from the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 226**  **of 511**  definition of a PVCPU and is now included in the definition o f the affected source instead of the PVCPU. In the final rule, polyvinyl chloride and copolymers production process unit or ( PVCPU)

We have revised the definition of 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; resin blend tanks; resin centrifuges; resin dryers; resin product separators; recovery devices; reactant and raw material charge vessels and tanks, holding tanks, mixing and weighing tanks ; finished resin product storage tanks or storage silos; finished resin product loading operations; connected ducts and piping; equipment including pumps , compressors, agitators, pressure relief devices, sampling connection systems, open

- ended valves or lines, valves and connectors and instrumentation systems. A PVCPU does not include chemical manufacturing process units, as defined in §63.101, that produc e vinyl chloride monomer or other raw materials used in the PVC polymerization process. polyvinyl chloride copolymer to clarify that polyvinyl chloride copolymers can also be produced using a suspension blending process. In the final rule, polyvinyl chloride copolymer means a synthetic***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 227**  **of 511**  thermoplastic polymer that is derived from the simultaneous polymerization of vinyl chloride and another monomer , such as vinyl acetate. Polyvinyl chloride copolymer is produced by different processes, including, but not limited to, su spension, dispersion/emulsion, suspension blending and solution processes. We have revised the definition of pressure relief device to remove the condition that devices 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. In the final rule, pressure relief device

We have revised the definition of means a safety device used to prevent operating pressures from exceeding the maximum allowable working pressure of the p rocess component. A common pressure relief device is a spring

- loaded pressure relief valve. process vent to provide consistency with our revised definitions of batch process vent and continuous process vent and miscellaneo us vent. In the final rule, process vent means a vent stream that is the result of the manifolding of each and all batch process vent, continuous process vent or miscellaneous vent resulting from the affected facility into a closed vent system and into a c ommon header that is routed to a control device. The process vent standards apply at the outlet of the control device. A process vent is either a
PVC

- only process vent or a PVC

- combined process vent.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 228**  **of 511**  We have revised the definition of solution processes to specify that the process produces a polyvinyl chloride copolymer instead of only a polyvinyl chloride resin. In the final rule, solution process

At proposal, we defined a surge control vessel as part of any continuous operation. However, based on industry comments, gasholders meet the definition of a surge control vessel although gasholders may receive and introduce material into batch processes in addition to continuous processes. Therefore, we have modified the definition of a surge control vessel to reflect the definition in 40 CFR part 63, subpart H and remove the specification that surge control vessels must be used as part of a continuous operation and introduce material into continuous operation s. We have, however, modified the definition means a process for producing polyvinyl chloride copolymer resin that is characterized by the anhydrous formati on of the polymer through precipitation
. Polymerization occurs in an organic solvent in the presence of an initiator where VCM and co

- monomers are soluble in the solvent, but the polymer is not. The PVC copolymer is a granule suspended in the solvent, which then precipitates out of solution. Emulsifiers and suspending agents are not used in the solution process. Copolymer resins produced using the solution process are referred to as solution resins
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 229**  **of 511**  from 40 CFR part 63, subpart H, to specify that surge control vessels are used within an affected source (and not solely a process unit) since PVCPU may share gasholders. In the final rule, surge control vessel

We have revised the definition of 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 mate rial into continuous operations. Surge control vessels also include gasholders. type of resin to include additional resin types identified by commenters after proposal, specifically blending types of resin. In the final r ule, type of resin

We have rev ised the definition of wastewater to mirror definitions in other chemical sector rules, such as the HON, for consistency as several facilities are currently subject to multiple wastewater provisions. We have also specified what is not considered wastewater . In the final rule, wastewater means process wastewater and maintenance wastewater. The following are not considered wastewater for the purposes of this subpart: means the broad classification of resin referring to the basic manufacturing process for producing that resin, including, but not limited to, suspension, dispersion/ emulsion, suspension blending, bulk and solution processes.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 230**  **of 511**  (1) Stormwater from segregated sewers; (2) Water from fire

- fighting and deluge systems, including
tes ting of such systems; (3) Spills; (4) Water from safety showers; (5) Samples of a size not greater than reasonably necessary for the method of analysis that is used; (6) Equipment leaks; (7) Wastewater drips from procedures such as disconnecting hoses after cleaning lines; an d (8) Noncontact cooling water. The following definitions have been added to the final rule : gasholder , hard

- piping , heat exchanger exit line , maintenance wastewater , miscellaneous vent , polyvinyl chloride homopolymer , process wastewater , process wastewater treatment system , PVC

- combined process vent , PVC

- only process vent , suspension blending process , table 10 HAP , total non

- vinyl chloride organic HAP and wastewater stream We have added a definition for . polyvinyl chloride homopolymers to distinguish between homopolymers and copolymers. During the comment period, industry provided additional resin data distinguishing homopolymers and copolymers and is based largely on the proposed definition for polyvinyl chloride . For***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 231**  **of 511**  reasons discussio n in Section V.D of this preamble, we have set limits for five subcategories of resin, including copolymers. Therefore, the new definition s are necessary to distinguish between homopolymers and copolymers. The definitions are based on the information provi ded in comments **.** In the final rule , polyvinyl chloride homopolymer means a synthetic thermoplastic polymer that is derived from the polymerization of vinyl chloride and has the general chemical structure (

- H 2 CCHCl

- ) n . Polyvinyl chloride homopolymer is typically a white powder or colorless granule. Polyvinyl chloride homopolymers are produced by different processes , including ( but not limited to ) suspension, dispersion/emulsion, blending and bulk processes
. At proposal, we did not set separate limits for suspension blending resins. During the comment period, industry provided additional resin data regarding suspension blending resins. As described in Section V.D of this preamble, we have set limits for five types of resin, including suspension blendin g. Therefore, a definition to distinguish suspension blending resins from other resin types is necessary. The definition is based on the information provided in comments. In the final rule, suspension blending process means a process for producing polyviny l chloride resin that is similar to the suspension polymerization process, but employs a rate of agitation that is***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 232**  **of 511**  significantly higher than the highest range for non

- blending suspension resins. The suspension blending process uses a recipe that c r eates ex tremely small resin particles, generally equal to or less than 100 microns in size, with a glassy surface and very little porosity. The suspension blending process concentrates the resins using a centrifuge that is specifically designed to handle these sma ll particles. Polyvinyl chloride resins produced using the suspension blending process are referred to as blending resins and are typically blended with dispersion resins
. At proposal, we did not subcategorize process vents . For the final rule, we are sub categorizing process vents into PVC

only and PVC

- combined vents for reasons discussed in Section V.D of this preamble. Therefore, it is necessary to distinguish between the two process vent subcategories. In the final rule,
PVC

- only process vent means a pr ocess vent that originates from
a PVC PU and is not combined with a process vent originating from

a nother source category prior to being controlled or emitted to the atmosphere. In the final rule, PVC

- combined process vent means a process vent that originates from a PVC PU and is combined with one or more process vent s originating from a nother source category prior to being controlled or emitted to the atmosphere
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 233**  **of 511**  At proposal, we did not have information on gasholders and did not propose standards fo r them. Following proposal, industry provided comment on control options and cost information for gasholders and we have included requirements for gasholders in the final rule. Therefore it was necessary to add a definition for gasholders to the final rule
. The definition is based on information provided in comments. In the final rule, gasholder

At proposal, we did not define means a surge control vessel with a bell that is floating in a vessel filled with water and is used to store gases from the PVC production process prior to being re covered or sent to a process vent control device. The bell rises and lowers as low

- pressure gases enter and leave the space beneath the bell and the water provides a seal between the enclosed gas within the floating bell and the ambient air. maintenance wastewater , but instead , required that all wastewater be subject to the same proposed provisions. We received comments from industry contending that quantifying a concentration to establish compliance for maintenance wastewater would be extremely difficult if not impossible becau se maintenance activities are highly variable. Industry also noted that HAP are minimized in maintenance wastewater by requiring that components meet applicable opening standards before the introduction of water***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 234**  **of 511**  for cleaning. The final rule includes provis ions that address process and maintenance wastewater separately; therefore, we have added definitions for maintenance wastewater and process
wastewater to the final rule. The definitions are based on those provided in the HON, because the wastewater stream s are similar and, in some cases, they are co

- located. In the final rule,

m aintenance wastewater means wastewater generated by the draining of process fluid from components in the PVCPU into an individual drain system prior to or during maintenance activit ies. Maintenance wastewater can be generated during planned and unplanned shutdowns and during periods not associated with a shutdown. Examples of activities that can generate maintenance wastewaters include descaling of heat exchanger tubing bundles , hydr oblasting PVCPU process components such as polymerization reactors, vessels and heat exchangers, draining of low legs and high point bleeds, draining of pumps into an individual drain system , draining of portions of the PVCPU for repair and water used to w ash out process components or equipment after the process components or equipment has already been opened to the atmosphere and has met the requirements of §63.11955 . In the final rule, process wastewater means water that comes into direct contact with HAP or results from the production or use of any raw material, intermediate***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 235**  **of 511**  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 drawdo wn; 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 conde nsed steam from jet ejector systems pulling vacuum on vessels containing organics. Gasholder seal water is not process wastewater until it is removed from the gasholder. In the final rule, wastewater stream

Also in the final rule, means a stream that contains only wastewater as d efined in this section. table 10 HAP means a HAP compound listed in table 10 of final rule
. Total non

- vinyl chloride organic HAP means, for the purposes of this subpart, the sum of the measured concentrations of each table 10 compound as calculated according to the procedures specified in 40 CFR 63.11960(e) and 40 CFR 63.11980(b)
.

Comment : Three comment ers expressed concern that costs for PRD are greatly underestimated
. One commenter estimated that retrofitting existing PRD with release indicators will cost $5,000 per PRD. The commenter stated that t hese costs include J. Cost and emission impacts***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 236**  **of 511**  the actual measurement device itself , installation labor, wiring back to the control room, input/output cards in distributed control system (DCS) and initial configuration (programming) of the DCS for alarms, logging, etc. The commenter stated that with two facilities each containing over 10 0 PRD the total cost would be over $1,000,000 to retrofit
. Another commenter also cited an estimate of $5,000 if a wireless pressure monitoring device is used, or $10,000 per PRD if a more substantial flow monitoring device is needed
. The commenter estimat ed the cost for its three facilities with 393 total PRD would range from $1,965,000 to $3,930,000 to retrofit. A third commenter estimated a cost of $10,000 to retrofit each PRD, accounting for installation and integration into the process control system
. With approximately 200 PRD at a facility, the commenter estimated a total cost of $2,000,000
. One commenter also noted that if the EPA is requesting pressure switches between the rupture discs and the safety valves, this is “relatively” easy to accomplish because it would require the instrument, communication wiring, and a small amount of piping
. This commenter also requested that the EPA make it clearer whether flow indication or pressure indication is required in the proposed rule
. Additionally, one

comme nter stated that multiple systems for release indication already exist within PVC operations.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 237**  **of 511**  One commenter expressed concern about bypass flow indicator
costs . The commenter stated that a conservative estimate to install bypass flow indicators is similar to that for flow indication on PRD, approximately $5,000 per open ended line
. Considering there are hundreds of such lines, the commenter indicated that installation cost could exceed $1,000,000 per facility. Response: The EPA maintains that the capital cost estimate of $188,900 and annual cost estimate of $26,900 per facility is appropriate. Although commenters provided cost estimates for particular facilities, costs provided in the comment letters were general in natur e , and the commenters did not provide documentation or detailed cost analyses such that the provided estimates could be reviewed. Therefore, we must estimate costs for all facilities using a consistent methodology which is based on data collected by the EP A . We developed our cost estimate for electronic PRD monitoring systems using the “Proposed Amended Rule 1173

– Control of Volatile Organic Compound Leaks and Releases from Components at Petroleum Facilities and Chemical Plants,” from the South Coast Air Q uality Management District. Other commenters have stated that most PVC plants “typically have rupture discs installed below relief valves that discharge to the atmosphere, and monitor the space between the rupture***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 238**  **of 511**  disc and the PRD for leaks on a routine ba sis using a local pressure indicator and log this information for safety
purposes. ” The EPA maintains that a facility must use a monitor to indicate an emission release to the atmosphere; the type of indicator is left to the facility.
Comment : Several comm enters took issue with the cost estimates related to resin stripping
. The commenters stated that current technology will not allow facilities to meet the resin limits and indicated that it will be necessary to develop new technology and the associated cost s will be much greater than the current EPA stripped resin cost estimate
. One commenter stated that millions of dollars will be required to develop the technology and install equipment
. Commenters contended that improvements in PVC resin stripping beyond t hat which can be achieved to meet new MACT floor HAP concentrations are not feasible due to thermal degradation of PVC resins with elevated heat histories (combination of higher temperatures and residence times). One commenter added that steam is one of ma ny components in the resin stripping process, but it cannot be used as the sole or primary control technique without seriously degrading the resin product. Commenters indicated that some types and grades of resin are sensitive to heat history such as that incurred by steam stripping and that color and heat stability***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 239**  **of 511**  can be negatively impacted by excess heat history. Several commenters disagreed with the EPA’s conclusion that PVCPU would only need to use additional steam in existing equipment to strip resin to comply with the proposed vinyl chloride and total HAP emission limits. Commenters also indicated that the effectiveness of certain types of stripping technologies is not increased by the addition of steam above energy balance requirements. Another comme nter added that PVC resins, some types and grades more than others, are sensitive to heat such as that incurred by steam stripping. One commenter stated that the EPA offered no substantiation for the claim that more steam in existing equipment would provid e for anything more than negligible reductions in vinyl chloride and HAP levels in stripped resin. The commenter added that two of the major licensors of PVC resin stripping technology have said they would not guarantee new equipment, let alone existing eq uipment, could meet the proposed limit of 0.48 ppmw of vinyl chloride for all resins. Commenters indicated that for some PVC grades, a significant column retrofit or replacement would be necessary to meet more stringent resin limits. Response: For the fina l rule, we revised the methodology used to estimate cost impacts for stripped resin based on the comments and additional cost data provided by commenters
. For***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 240**  **of 511**  the proposed rule, costs of affected sources meeting the proposed concentration standards for str ipped resins were estimated by calculating the amount of additional steam required to strip vinyl chloride and total HAP to the proposed concentration standards
. Based on comments and information provided by commenters, we agree that costing additional ste am may not be the appropriate control technique to meet the stripped resin limits. For the final rule, we estimated costs of affected sources demonstrating compliance with the final stripped resin concentration standards by calculating the cost of installi ng a new resin stripper , based on information provided by commenters . We did not include annual costs other than the amortized capital investment since affected sources must currently pay for the operation and maintenance of their current resin strippers. Additionally, we have revised MACT floor calculations as discussed in S ection V.E.2 of this preamble
. The revised MACT floor and impacts analyses show that one facility will not be able to meet the final limits
. Based on information received during the public comment period, we estimate the one facility not able to meet the final limits will be required to install a new resin stripper with a total capital cost of $10 million and a total incremental annual cost of $944,000 per year.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 241**  **of 511** 
Comment : Several commenters expressed concern with the costs imposed by wastewater compliance requirements
. One commenter contended that requiring monthly sampling for HAP in wastewater will impose undue hardship on facilities when they are required to perform continuous monitoring of stripper operating levels as well
. This commenter estimated an additional $65,000 per year from the monthly sampling
. Another commenter stated that due to the low wastewater vinyl chloride limit, the cost fo r controls will be much higher
. The commenter added that simply adding steam will be insufficient and that it will be necessary to replace the stripper at a cost of $3,400,000 with annual operating costs of $636,000
. One commenter recommended that the HAP control requirements (testing, sampling, etc.) should be removed from the wastewater rule since no emission benefit is achieved. Response: Similar to our decision for stripped resins in the final rule, we have removed all requirements for continuous
parame tric monitoring of wastewater strippers. The requirements to conduct periodic sampling for vinyl chloride and total non

vinyl chloride organic HAP are sufficient to assure compliance with the stripped resin limits. We have also established a revised limit for total non

- vinyl chloride organic HAP from process wastewater. Monthly sampling and analysis for total non

-***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 242**  **of 511**  vinyl chloride organic HAP is necessary to ensure that the limits are being met on a continuous basis. We have also substantially reduced the burd en on facilities by only requiring

re - analysis of untreated streams once per year to ensure that those streams are below the process wastewater limits and that they do not require treatment. These changes have significantly reduced the burden of the final rule
.

Comment : Several commenters expressed concern with the economic ramifications of the proposed rule to PVC producers and

consumers . The commenters stated that the EPA did not adequately quantify the effect to the entire PVC supply chain when considering the rule and that as a result many hardships and changes will occur
. C ommenters contended that impacts will be cascaded down the supply chain and increase cost of doing business
. One commenter encouraged the a gency to review and

care fully consider these impacts in light of the Obama Administration’s Executive Order #13563, which calls for review and revision of regulations that stifle job creation and economic growth
. . K . Economic I mpacts

C ommenters argued the PVC MACT will impact a company’s competiti veness in the global market, where overseas PVC producers are not subject to such stri ngent regulations. One***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 243**  **of 511**  commenter expressed concern with the impact on construction of new plants; the proposed PVC rule will pose a significant deterrent to any company t hat considers c iting new or reconstructed PVC man ufacturing in the United States causing additional harm to the economy. Several commenters expressed concern that i f enacted without significant revision, the PVC rule will result in the closure of several p lants in the U.S. One commenter representing the chlor

- alkali industry provided an example of how the PVC rule will impact related industries. The commenter stated that a s currently proposed compliance by U.S. PVC manufacturing facilit ies with the MACT will cause a 4

- percent

- 8

- percent reduction in demand in the domestic chlorine market. Based on average industry pending patterns and labor

- output ratios, in total, between 3,300 and 6,600 jobs are at risk. Commenters expressed concern rega rding the economic impacts to several industries, including: the wall covering industry , the vinyl flooring industry , resilient flooring operations, pipe applications, and the vinyl siding products industry
. Several commenters contended that the PVC rule would result in loss of performance characteristics and cost increases due to discontinuation and substitution of a different quality or type of resin for a previously formulated material, engineering***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 244**  **of 511**  changes, such as retooling or the necessary investment in new or replacement equipment due to the different types or qualities of resin and different formulations, and loss of time as new formulations may take years to develop and refine for their intended application. Th e commenters contended that over 100 types and grades of PVC resins will be affected resulting in significant impact on how compounders, converters and fabricators operate, potentially changing product performance or raising costs. Other Two commenters sta ted that the net cost to consumers in the United States and Canada for the substitution of alternative materials for the PVC

- based products that they currently use would be almost $17.7 billion dollars per year, plus an additional $5.6 billion in new inves tment to manufacture the incremental volume of substitute material and an associated $2.8 billion per ye ar in capital recovery charges (Details for numbers are in the document, The Economic Benefits of Polyvinyl Chloride in the United States and Canada , re leased by the American Chemistry Council and The Vinyl Institute in 2008). Several commenters expressed concern that imposing overly stringent requirements on PVC resin manufacturers will significantly increase import s from foreign sources and result in le ss domestic competition.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 245**  **of 511**  Response: The final rule contains several revisions that reduce the annual cost of the final rule s by more than 75 percent from proposal ($19.7 million per year at proposal to $ 4.1 million per year for the final rules , for major a nd area sources combined) . These revisions are discussed in S ection VI of this preamble. For the reasons described above, we have revised subcategories and the MACT floor calculation for stripped resins resulting in revised limits for stripped resins. Thes e changes result in stripped resin limits that are achievable by 15 out of 16 sources without installation of additional controls
. Based on information received during the public comment period, the EPA estimates the one facility not able to meet the final stripped resin limits for major sources will be required to install a new resin stripper with a total capital cost of $10 million and a n incremental annual cost of $944,000 per year
. As a result, the final rule does not impose a significant burden on the source category as a whole
. The commenters also did not supply any data or analysis to justify their assertions regarding potential plant closures , negative employment impacts, reduction in demand for chlorine, negative effects on the PVC supply chain, possible increases in imports or other economic harm.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 246**  **of 511** 
Comment : One commenter expressed concern with the lack of consideration given to small businesses
. The commenter stated that the EPA’s Economic Impact Analysis identifie d only eight companie s affected by the proposed rule
. The commenter added that b ecause all eight of these companies have more than 1,500 employees and annual revenues above $2 billion, the EPA certified the proposed rule and declared no significant economic impact on a substantial number of small entities. As such, no regulatory flexibility analysis was prepared by the agency. However, the commenter contended, the EPA did not host any “SBREFA panels” prior to reaching this conclusion, preventing the small business community from providing relevant input on the proposed rule’s impacts
. The commenter stated that there will be higher costs due to the PVC MACT which could be passed along the supply chain in the form of higher prices to customers, many of whom may be small businesses and less a ble to absorb regulation

- induced price increases
. The commenter concluded that the EPA should amend its analysis to investigate the secondary effect of the regulation on small businesses down the supply chain. Response: The analysis of impacts on small ent ities called for by the Regulatory Flexibility Act (RFA) , as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) , is***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 247**  **of 511**  to cover small entities directly affected by a rule
. The RFA does not require i ndirect or secondary impacts to be in cluded in a small entity analysis. This is consistent with the EPA’s interpretation of the RFA a s amended by SBREFA. O nly rules that will have a direct significant adverse economic impact on a substantial number of small entities that are subject to the rule require an Initial Regulatory Flexibility Analysis ( IRFA )

or Final Regulatory Flexibility Analysis ( FRFA ) (see 5 U.S.C. section s 603

- 60 5 ).
L . Affirmative defense
Comme nt: Several commenters opposed the EPA’s affirmative defense requirements
. One commenter contended it is unlawful and arbitrary because , although the EPA has eliminated its compliance exemption for periods of startup, shutdown and malfunction, the agency’s final rule includes an “affirmative defense to penalties that purports to bar courts from imposing any penalties on sources that violate their emission standards during a malfunction and satisfy certain agency created conditions related to preventing malf unctions and controlling malfunction emissions
. ” This commenter contended that i n this proposal, the EPA acts outside of its delegated authority to limit civil penalties available in citizen suits or its own enforcement actions, and the proposal will impermissi bly chill***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 248**  **of 511**  citizen participation and the ability to win an effective, deterrent remedy in CAA enforcement actions. The commenter added that the affirmative defense would likely be used on a routine basis by polluters seeking to avoid penalties, im posing a technical burden on citizens seeking civil penalties against polluters. Another commenter opposed incorporating affirmative defense penalties into regulations
. The commenter stated that the EPA has discretion to decide what cases to prosecute, to consider settlements and to request civil penalties in a case

- by

- case manner, as long as it acts consistent with the CAA to protect clean air as its top priority and , thus , the commenter believes that promulgating this affirmative defense will allow pollut ers to claim that any violation of the standard is due to a malfunction in order to evade the requirements
. Another commenter requested that if affirmative defense is promulgated, the EPA specify the amount of compensatory damages should apply to each mal function, modify the rule so that affirmative defense cannot be used by a specific facility or company more than once within a set period of time, and require public reporting of malfunctions or emissions exceedances
. Response: The EPA included an affirmat ive defense in the final rule in an attempt to balance a tension inherent in many***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 249**  **of 511**  types of air regulation to ensure adequate compliance , while simultaneously recognizing that despite the most diligent of efforts, emission limits may be exceeded under circu mstances beyond the control of the source. The EPA must establish emission standards that “limit the quantity, rate, or concentration of emissions of air pollutants on a continuous basis.” 42 U.S.C. §7602(k) (defining “emission limitation and emission stan dard”). See generally Sierra Club v. EPA , 551 F.3d 1019, 1021 (D.C. Cir. 2008) Thus, the EPA is required to ensure that CAA section 112 emissions limitations are continuous. The affirmative defense for malfunction events meets this requirement by ensuring that even where there is a malfunction, the emission limitation is still enforceable through injunctive relief. While “continuous” limitations, on the one hand, are required, there is also case law indicating that in many situations it is appropriate for the EPA to account for the practical realities of technology. For example, in Essex Chemical v. Ruckelshaus , 486 F.2d 427, 433 (D.C. Cir. 1973), the
D istrict of C olumbia Circuit acknowledged that in setting standards under CAA section 111 “variant provisio ns” such as provisions allowing for upsets during startup, shutdown and equipment malfunction “appear necessary to preserve the reasonableness of the standards as a whole and that the record***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 250**  **of 511**  does not support the ‘never to be exceeded’ standard currently in force.” See also, Portland Cement Association v. Ruckelshaus , 486 F.2d 375 (D.C. C ir. 1973) . Though intervening caselaw such

as Sierra Club v. EPA and the CAA 1977 amendments calls into question the relevance of these cases today, they support the EPA’s view that a system that incorporates some level of flexibility is reasonable. The af firmative defense simply provides for a defense to civil penalties for excess emissions that are proven to be beyond the control of the source. By incorporating an affirmative defense, the EPA has formalized its approach to upset events. In a Clean Water A ct setting, the Ninth Circuit required this type of formalized approach when regulating “upsets beyond the control of the permit holder.” Marathon Oil Co. v. EPA , 564 F.2d 1253, 1272

- 73 (9 th Cir. 1977).
But , see, Weyerhaeuser Co. v. Costle , 590 F.2d 1011, 1057

- 58 (D.C. Cir. 1978) (holding that an informal approach is adequate). The affirmative defense provisions give the EPA the flexibility to both ensure that its emission limitations are “continuous” as required by 42 U.S.C. §7602(k), and account for unplanned upsets and thus support the reasonableness of the standard as a whole. EPA is not adopting commenters’ suggestion with respect to compensatory damages or limits on the frequency of u se of the affirmative defense. It is not clear that EPA has***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 251**  **of 511**  authority to require the automatic imposition of compensatory damages and even if such authority exists, EPA does not think automatic imposit ion of damages is appropriate. Ensuring that malfunctions do not recur can be handled through imposition of appropriate injunctive relief. In addition, EPA’s view is that it would not be appropriate to limit a source’s ability to take advantage of the affirmative defense to one time over a specified period of time such as 10 years given that the affirmative def ense is only available when the source could not have p revented the excess emissions. With respect to commenters’ suggested reporting requirements, the reporting requirements in the rule promulgated today already require malfunction reporting and the affir mative defense provisions require that parties choosing to assert the affirmative defense meet additional malfu nction reporting requirements. Any such reports submitted to EPA are publicly available pursuant to CAA section 114
.
M . Beyond

- the

- Floor Analyses At proposal, we determined that the control technologies that would be needed to achieve the proposed MACT floor levels for process vents are generally the most effective controls available for reducing vinyl chloride, HCl, THC and CDD/CDF and we estimate d the costs for those technologies for facilities that did not meet the proposed limits for process vents.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 252**  **of 511**  Furthermore, at proposal , we did not identify any beyond

- the

floor options for process vents. For the final rule, as a beyond

- the

- floor option for pr ocess vents ( i.e. , PVC

- only and
PVC

- combined process vents) , we assessed the costs and emission reductions for existing major source facilities to meet the new source limits for both process vent subcategories by using enhanced vinyl chloride recovery (via a n upgraded refrigerated condenser). Based on the result ing analysis of the cost effectiveness , we determined it is not appropriate to go beyond

the

- floor for either subcategory of process vents at existing sources. This analysis is discussed in the memor andum , Revised Beyond

- the

- Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category
. For stripped resin at existing and new major sources, we analyzed the same beyond

- the

- floor option as at proposal, and determined it was n ot appropriate to go beyond

- the

- floor for stripped resin at existing and new major sources considering the cost and emission reductions of this option
. For equipment leaks, we analyzed a beyond

- the

- floor option at existing sources of complying with 40 CFR part 63, subpart UU level 2, instead of the MACT floor level of control, compliance with 40 CFR part 61 , s ubpart V. Based on the results of the analysis, which are presented in Tables 16 and 18 of this***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 253**  **of 511**  preamble, we determined that it is appropriate that M ACT for equipment leaks at existing and new major sources require compl iance with 40 CFR part 63, subpart UU level 2 , considering the cost and emission reductions of this option . The MACT floor level of control for new sources, compliance with 40 CFR part 63, subpart UU level 2, was identified as the most effective control of emissions from equipment leaks. Therefore, no beyond

the

- floor HAP emission reduction approaches were identified for equipment leaks at new major sources. This analysis is discussed in S ection VI.A and VI.B of this preamble and in the memorandum , Revised Beyond

- the

- Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category
. For heat exchange systems , we determined that the final leak action level and monitoring interval are generally the most effective LDAR program to control emissions from heat exchange systems. Therefore, no beyond

- the

- floor options were identified for heat exchange systems at existing or new major sources.
At proposal and for the final rule, we determined it is appropriate for storage vessels at existing and new major sources meeting specific vapor pressure and storage capacity parameters specified in 40 CFR part 60, subpart Kb to comply with the control requir ements of 40 CFR part 63, subpart WW as a beyond

- the

- floor control considering cost and emission***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 254**  **of 511**  reductions
. This analysis is discussed in S ection VI.A and VI.B of this preamble and in the memorandum , Revised Beyond

- the

- Floor Analysis for the Polyvinyl Chl oride and Copolymers (PVC) Production Source Category
. At proposal, we analyzed a beyond

- the

- floor option for wastewater of treating streams with HAP concentration greater than 1,000 ppmw (of 40 CFR part 63, subpart G, Table 9 HAP), and annual average flow rates greater than 10 liters per minute. In the final rule, we determined the MACT floor level of control for wastewater to include s concentration limits for total non

vinyl chloride organic HAP. Consequently, we analyzed a different beyond

- the

- floor option s for wastewater, requiring all currently uncontrolled process wastewater ( e.g. , wastewater from scrubbers and heat exchange systems) to be conveyed to, and treated by, a wastewater stripping unit. Based on the results of this analysis, we determined it is not appropriate to go beyond

the

- floor for wastewater at existing and new major sources considering the cost and emission reductions of this option. This analysis is discussed in the memorandum , Revised Beyond

the

- Floor Analysis for the Polyvinyl Ch loride and Copolymers (PVC) Production Source Category
. At proposal, we did not identify any beyond

- the

- floor options for gasholders; however, we did solicit comments on***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 255**  **of 511**  control options for gasholders. Based on the information provided in comments, for th e final rule , we analyzed a beyond

the

- floor option of minimizing fugitive emissions by requiring the use of floating objects on the surface of the water seal at existing and new sources. Based on the results of the analysis, which are presented in Tables 16 and 18 of this preamble, we determined that it is appropriate to require g asholders at existing and new major sources reduce their fugitive emissions by using floating objects on the surface of the water seal as a beyond

- the

- floor control , considering c ost and emission reductions . This analysis is discussed in the memorandum , Revised Beyond

- the

- Floor Analysis for the Polyvinyl Chloride and Copolymers (PVC) Production Source Category
. **VI .**  **Im p**  **acts of the Final PVC Rule**  **s** The impacts presented in this section include the impacts for PVC production facilities to comply with the final rule s , and with the requirements of other subparts referenced by the final rule s .

We have estimated the potential emi ssion reductions that are expected to be realized through implementation of the final rule s . Table 18 of this preamble summarizes the emission reductions estimated for existing major sources. The table shows A . What are the air impacts?***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 256**  **of 511**  the emission reductions for each pollutant and e mission point
. Table 18 of this preamble also summarizes the emission reductions for the beyond the floor option s selected for existing major sources ( i.e. , control of equipment leaks, storage vessels and gasholders)
. The major source analysis i s documente d in the memorandum, Revised Costs and Emission Reductions for Major Sources in the Polyvinyl Chloride and Copolymers (PVC) Production Source Category
. Table 19 of this preamble summarizes the emission reduction s estimated for existing area sources complying with GACT. The area source analysis is documented in the memorandum, Generally Achievable Control Technology (GACT) Analysis for Area Sources in the Polyvinyl Chloride and Copolymers (PVC) Production Source Category

**Table 18**  **. Emission Reductions of the Final PVC and Copolymers**  **Production Standards for Major Sources**  . Both memoranda are available in the docket
. We do not project any new major or area sources to be constructed in the five years following promulgation of the final rules; no emission reductions were calculated for new sources. The memoranda document emission reductions associated with model major and area sources complying with the new source requirements.

**Emission Point Pollutant Emission Reductions (tpy)**  **Vinyl Chloride**  **Total HAP CDD/CDF**  **(TEQ) HCl** ***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 257**  **of 511**  **Emission Point Pollutant Emission Reductions (tpy)**  **Vinyl Chloride**  **Total HAP CDD/CDF**  **(TEQ) HCl**  **Major sources MACT floor** Process vents a 0.102 1.93 0.017 g/yr 21.4 Stripped resin s 7.58 7.58 0 0 Wastewater 0 0 0 0 Equipment leaks 0 0 0 0 Storage vessels 0 0 0 0 Other emission sources 0 0 0 0 Heat exchange systems 101 101 0 0 **Major sources beyond the floor** Equipment l eaks 0 85.0 0 0 Storage vessels 0 0 0 0 Other emission sources - gasholders 22.0 22.0 0 0 **Major Source total 130**  **217 0.017 g/yr**  **21.4**
a Emission reductions for process vents are stated as total organic HAP; this

value does not include HCl reductions. **Table 19**  **. Emission Reductions of the Final PVC and Copolymers**  **Production Standards for Area Sources** 

**Emission Point Vinyl Chloride**  **(tpy) Dioxin/Furan**  **(g/yr) Total HAP (tpy)**  Process vents 0 0 0 Heat exchange systems 15.1 0 15.1 Stripped resin s 0 0 0 Wastewater 0 0 0 Equipment leaks 0 0 9.29 Other emission sources 0 0 0

We estimated emission reductions of the final 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 MACT level of control selected for major sources and the GACT level of contr ol selected for area sources
. We calculated emission***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 258**  **of 511**  reductions as the difference between the final level and baseline.

For process vents at major sources, we calculated baseline emissions from the measured HAP concentrations at the outlet o f the control devices, and HAP emissions using the final emission limits, in combination with the vent stream flow rates measured during emission tests. Major Sources

For stripped resins at major sources, we calculated emissions assuming that all the HAP remaining in th e 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 final MACT concentration levels
. Emissions wer e calculated from the HAP concentration in the stripped resin, and the resin production rate. For wastewater at major sources, we estimated the emissions from the HAP concentration in the uncontrolled wastewater streams, the maintenance wastewater streams, and in the controlled wastewater streams, and the wastewater flow rates or generation rates. For equipment leaks at major sources, we estimated emissions for the baseline LDAR program in use at each facility,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 259**  **of 511**  and the final equipment leaks requirements usi ng model equipment counts, average emission factors for leaking equipment and control efficiencies for LDAR programs developed as part of the technology review required by s ection 112(d)(6) of the CAA (see
S ection V.H of this preamble for additional detail )
. Model equipment counts were used because actual equipment counts were not collected as part of our August 21, 2009 , CAA section 114 information collection request sent to the PVC industry. The survey requested information only on regulatory LDAR program s currently in place at each facility, and the costs for the facility to conduct the LDAR program. For other emission sources, we estimated baseline emissions from gasholders using information provided by industry during the comment period
. We estimated th e emission reductions associated with install ing floating objects on gasholder water seals to reduce emissions of vinyl chloride from those seals , as a beyond the floor option, based on additional information provided by the PVC industry after the comment period
. We calculated emissions from reactor openings from information provided in responses to our August 21, 2009 , CAA section 114 information collection request provided by affected sources. We calculated emissions from heat exchange systems based on

em issions information provided in the CAA section 114 survey***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 260**  **of 511**  responses provided by affected sources. Emission reductions from heat exchange systems were calculated assuming that, once the LDAR program was in effect, emissions would be eliminated due to the l ow leak action level that is being finalized.

For process vents, we calculated emissions from the concentration of HAP in the vent stream and the vent gas flow rates measured during emission tests. For process vents in the
PVC

- only subcategory , we calculated baseline emissions for the one area source in the subcategory from the measured HAP concentrations at the outlet of the control device. We did not select an option more stringent than the current emission level; therefore, there were no emi ssion reductions calculated. For process vents in the PVC

- combined subcategory, we calculated baseline emissions for the one area source in the subcategory from the measured HAP concentrations at the outlet of the control Since the existing PVC

- combined ar ea source currently meets the GACT standards, we did not calculate a reduction of HAP emissions associated with meeting the GACT emission limits. Area Sources

For stripped resins, emissions were calculated from the HAP concentration in the stripped resin, and the resin production rate. For the one existing area source in the suspension subcategory, we calculated emissions assuming that all the HAP***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 261**  **of 511**  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 stripped resin concentration levels the affected is currently achieving. Since the existing PVC area source in the suspension resin subcategory currently meets the GACT standard, no emission reductions wer e calculated. For the one existing area source in the bulk resins subcategory, we estimated emissions downstream of the resin stripper using emission rates submitted by the facility since resin produced by the bulk process does not go through downstream dr ying processes since the resin is in solid form after the polymerization process. For wastewater at existing area sources, we estimated the emissions from the HAP concentration in the uncontrolled wastewater streams, the maintenance wastewater streams, an d in the controlled wastewater streams, and the wastewater flow rates or generation rates. For equipment leaks at existing area sources, we estimated emissions for the LDAR program in use at both area sources and emissions associated with complying with th e GACT option. Emissions were calculated using a combination of facility provided and model equipment counts, average emission factors for leaking equipment and control efficiencies for LDAR programs***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 262**  **of 511**  developed as part of the technology review required by s ection 112(d)(6) of the CAA (see S ection V.H of this preamble for additional detail). Model equipment counts were used for equipment types for which counts were not provided by the affected sources. The CAA section 114 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; however, one facility provided some but not all equipment counts for which emissions were estimated. For other emission sources, we ca lculated emissions from reactor openings from information provided in CAA section 114 survey responses provided by affected sources. The existing PVC area sources currently do not operate gasholders; therefore no emissions from gasholders were calculated f or area sources. We calculated emissions from heat exchange systems based on emissions information provided in the CAA section 114 survey responses provided by affected sources. Emission reductions from heat exchange systems were calculated assuming that, once the LDAR program was in effect, emissions would be eliminated due to the low leak action level that is being finalized.

We have estimated compliance costs for all existing sources to meet the sampling and testing requirements, add the necessary B . What are the cost impacts?***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 263**  **of 511**  controls, monitoring devices, recordkeeping, and reporting procedures to comply with the final rules. Based on this analysis, we an ticipate an overall total initial investment of $17. 6 million for major sources and $ 4 86 thousand for area sources. We anticipate an associated total annual cost of $3.9 4 million for major sources and $ 167 thousand for area sources (using a discount rate o f 7 percent), in 2010 dollars, as shown in Table 20 and Table 21 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. Estimated impacts of the new area source re quirements for a model facility are presented in the memoranda , Costs and Emission Reductions of the MACT Floor Level of Control for the Promulgated Polyvinyl Chloride and Copolymers (PVC) Production Source Category and Cost and Emission Reductions of the Area Source Level of Control for the Promulgated Polyvinyl Chloride and Copolymers (PVC) Production Source Category
**Table 20**  **. Cost Impacts of the Final PVC and Copolymers**  **Production Standards for Existing Major Sources**  , which are in the PVC docket.

**Emission Point Total Initial Cost**  **(million 2010$) a**  **Total Annual Cost (million 2010$/yr)**  **b Major sources MACT floor**  Process vents 3.38 1.72 Stripped resin s 10.1 1.13 Wastewater 0.081 0.165 Equipment leaks 2.87 0.469 Storage vessels 0.0165 0.0233 Other emission sources 0.0165 0.0233 Heat exchange systems 0.0466 0.152***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 264**  **of 511**  **Major sources beyond the floor** Equipment leaks 1.02 0.238 Storage vessels 0 0 Other emission sources

gasholders 0.0750 0.0222 **Major source total 17.6**  **3.94** a Total initial costs for facilities include the capital cost of control equipment, testing and monitoring, recordkeeping and reporting. b Total annual costs include: annualized capital costs, annual cost to operate control equipment, testing and monitori ng costs, recordk eeping and reporting costs, and repair costs. **Table 21**  **. Cost Impacts of the Final PVC and Copolymers**  **Production Standards for Existing**  **PVC Area Sources**

**Emission Point Total Initial**  **Cost (million$) Total Annual**  **Cost (million$) Cost**  **Effectiveness ($/ton)**  Process vents 0.0963 a 0.0218 b

- c Heat exchange systems 0.00743 0.0255 1,139 Resins 0.00940 0.0212

- c Wastewater 0.00819 0.00198

- c Equipment leaks d 0.360 0.0725 7,807 Other emission sources 0.00220 0.00311

- c Storage vessels 0.00220 0.00311

- c **Area s**  **ource t**  **otal** 0.48 6 0.167

- c

a Total initial cost for process vents includes initial recordkeeping and

reporting costs (which include year 1 annual costs) and initial process vent testing. b Total annual costs for process vents include process vent testing and annual

recordkeeping and reporting (starting in year 2). Process vent testing is required every 5 years following the initial test; therefore, annual testing costs have been divided by 5 to distribute costs evenly across the 5

- year period.
c Standard does not result in emission reductions; therefore, a cost

effectiveness is not applicable. d Total initial costs for equipment leaks include capital costs associated

with complying with 40 CFR part 63, subpart, the cost of an electronic pressure relief device (PRD) monitoring system and the initial recordkeeping and reporting requirements. Annual costs include operation of the PRD monitoring system, complying with subpart UU and annual recor dkeeping and reporting costs. Emissions and reductions of VOC, volatile hazardous air pollutants (VHAP), and organic HAP, categorized as total HAP. Emissions, reductions and associated costs referenced from memorandum

- Cindy Hancy, RTI, to Jodi Howard, EP A/OAQPS, dated November 10, 2011, subject: Technology Review for Equipment Leaks (draft format). Baseline emissions, reductions and costs are adjusted based on equipment counts provided by CertainTeed.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 265**  **of 511** 

For major sources, we calculated costs to meet the final level of control for each emission point
. For process vents, we estimated costs to meet the final level of control for PVCPU that do not currently meet the final emission limit, based on reported data
. For such PVCPU that currently use thermal oxidizers 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 chlorid e, HCl, CDD/CDF and THC
. For PVCPU that currently use an absorber for vinyl chloride recovery, cost calculations are based on routing the vent gas from the absorber to a refrigerated condenser for enhanced organic HAP recovery
. Costs calculations also incl ude capital and annual costs for testing and monitoring of vinyl chloride, HCl, THC and CDD/CDF
. Major Sources

F or PVCPU not currently meeting the final stripped resin limits, costs to meet the final level of control are based on industry estimates for a new resin stri pper resulting in greater removal of vinyl chloride and total HAP from the resin
. Testing and monitoring costs are also included in the costs to meet the final level of control
. All PVCPU are expected to meet the final wastewater stripper outlet concentrat ion limit. Therefore ,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 266**  **of 511**  initial and a nnual costs consist of additional testing and monitoring required to demonstrate compliance with the final emission standards
. For equipment leaks, cost estimates previously developed by the EPA were applied to each PVCPU that did not already meet the final level of control ( i.e.

For other emission sources, we calculated costs for complying with the final, beyond the floor, level of control for gasholders
. Capital cost estimates were based on data provided by industry at the request of the EPA following the comment period
. Annual cost estimates were based on standard factors for costs such as amortization, maintenance, taxes and administratio n . , 40 CFR part 63, subpart UU)
. The cost estimates include additional capital and annual cost associated with facilities switching from compliance with 40 CFR part 61, subpart V to 40 CFR part 63, s ubpart UU
. We estimated additional capital and annual costs for a n electronic PRD indicator , based on data collected for other EPA projects.

We calculated costs for complying with the final level for heat exchange systems, based on information collected for other EPA projects
. The analysis i s documented in the memorandum, Revised Costs and Emission Reductions for Major Sources in the Polyv inyl***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 267**  **of 511**  Chloride and Copolymers (PVC) Production Source Category , and is available in t he docket.

For existing area source s , we calculated costs to meet the final level of control for each emission point
. For each emission point, we estimated costs of the major source testing, monitoring and recordkeeping requirements
. Area Sources

For process vents in the PVC

- only and PVC

- combined subcategor ies , we did not select an option more stringent than the current emission level; therefore, there were no additional costs calculated. For the one existing area source in the suspension subcategory and the one existing area source in the bulk re s ins subcategory, we did not calculate any additional costs since both facilities meet the promulgated GACT standards.
For wa stewater at existing area sources, we did not estimate any additional costs since both facilities meet the promulgated GACT standards. For other emission sources, we did not estimate any additional costs since neither of the existing PVC area sources
oper ate a gasholder. For equipment leaks, cost estimates previously developed by the EPA were applied to the existing area source PVCPU
. The cost***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 268**  **of 511**  estimates include additional capital and annual cost associated with the facility switching from compliance with 40 CFR part 61, subpart V to 40 CFR part 63, subpart UU
. We estimated additional capital and annual costs for a PRD , based on data collected for other EPA projects
. We calculated costs for complying with the final level of control for heat exchange system s, based on information collected for other EPA projects. The analysis is documented in the memorandum, Generally Achievable Control Technology (GACT) Analysis for Area Sources in the Polyvinyl Chloride and Copolymers (PVC) Production Source Category , and is available in the PVC docket.
C
. What are the non

- air quality health, environmental, and energy impacts?

We anticipate major affected sources will need to apply additional controls to meet the final emission limits. The energy impacts assoc iated with meeting the final 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 5,300 megawatt

- hours per year would be required f or the additional and improved control devices. Major Sources***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 26**  **9 of**  **511** We anticipate secondary air impacts from major sources adding controls to meet the standards. The combustion of fuel needed to generate additional electricity would yield slight increases in nitrogen oxide (N O x ) and sulfur dioxide (SO 2 ) emissions. Since NO x and SO 2 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 from additional e lectricity demand. The analyses are documented in the memorandum, Revised Secondary Impacts for the Polyvinyl Chloride and Copolymers ( PVC ) Production Source Category , available in the docket.

We do not anticipate the area affected sources will need to apply any additional controls with additional electricity or fuel requirements associated with meeting the final emission limits. Therefore, we have not estimated any additional secondary electricity generation of air impacts for area

sources. Area Sources

We performed an economic impact analysis for PVC consumers and producers nationally , using the annual compliance costs estimated for this final rule
. The impacts to producers affected by this final rule are annualized costs of less than 0.7 percent D . What are the economic impacts of the final standards?***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 270**  **of 511**  of their revenues, using the most current year available for revenue data
. Demand and supply of PVC product is inelastic according to data included in the Economic Impact Analysis. Based on this informatio n, one can conclude that demand will respond less than 1:1 with a change in output price, and that supply is inelastic ( i.e. , will respond less than 1:1) with a change in output price
. Hence, based on these results and data, the overall economic impact of this final rule on the affected industries and their consumers should be low
. For more information, please refer to the Economic Impact Analysis for the Polyvinyl Chloride and Copolymer NESHAP

**VII .**  **Statutory an d Executive Order Reviews**  that is in the docket ( EPA

- HQ

- OAR

- 2002

- 0037 )
.

Under Executive Order 12866 (58 FR 51735, October 4, 1993) , this action is a “significant regulatory action” because it raise s novel legal or policy issues
. Accordingly, the EPA submitted this action to OMB for review under E xecutive O rder 12866 and Executive Order 13563 (76 FR 3821, January 21, 2011), and any ch anges made in response to OMB recommendations have been documented in the docket for this action. A . Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 271**  **of 511**  In addition, the EPA prepared an analysis of the potential
costs and emissions impacts associated with this action
. This analysis is contained in [ Cost and I mpacts of the PVC and Copolymers Final 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 S ection VI .B of this preamble.

T he information collection requirements in this final rule have been submitted for approval to OMB under the B . Paperwork Reduction Act

Paperwork Reduction Act , 44 U.S.C. 3501, et seq

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 an d reporting requirements are specifically authorized by CAA section 114 (42 U.S.C. 7414)
. All information submitted to the EPA pursuant to the recordkeeping and reporting requirements for which a claim of confidentiality is made is safeguarded according to a gency policies set forth in 40 CFR part 2, subpart B. . The information collection requirements are not enforceable until the OMB approves them.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 272**  **of 511**  The final rule requires maintenance inspections of the control devices, and some notifications or reports beyond those required by the General Provisions
. The recordkeeping requirements require only t he specific information needed to determine compliance
. The information collection activities in this ICR include the following: P erformance tests, wastewater sampling, resin sampling, LDAR monitoring, heat exchanger monitoring, PRD monitoring, operating p arameter 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 final rule for some affected

sources . To be conservative in our estimate, the burden for these items is included in this ICR
. An initial notificat ion is required to notify the 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 noti fication 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 273**  **of 511**  owner or operator must submit a n otification of c ompliance

s tatus that documents the performance test and the values for the operating parameters
. A p eriod ic r eport 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 p eriod of 5 years
. The annual testing, annual monitoring, reporting, and recordkeeping burden for this collection for major sources (averaged over the first 3 years after the effective date of the standards) is estimated to be $ 1.8 million
. This includes 3, 2 00 labor hours per year at a total labor cost of $0.3 million per year, and total non

- labor capital costs of $ 2.8 million per year
. The annual testing, annual monitoring, reporting, and recordkeeping burden for this collection for area sources (averaged over the first 3 years after the effective date of the standards) is estimated to be $ 323 thousand. This includes 432 labor hours per year at a total labor cost of $ 41 thousand per year, and total non

- labor capital costs of $ 129 thousand per year. These estimate s include initial and annual performance tests, conducting and documenting***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 274**  **of 511**  semiannual excess emission reports, maintenance inspe ctions, 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
S ection VI.B of this preamble
. The total burden for the f ederal government (averaged over the first 3 years after the effective date of the standard) for major sources is estimated to be 809 hours per year, at a total labor cost of $ 37,281 per year . The total burden for the federal government (averaged over the first 3 years after the effective date of the standard) for area sources is estimated to be 160 hours per year, at a total labor cost of $ 7,324 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, s ubpart s DDDDDD and 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 excee dance of the emission limit meets the narrow definition of malfunction in 40 CFR 63.2 ( e.g. , sudden, infrequent, not reasonabl y preventable and not caused by poor maintenance or careless o peration) and***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 275**  **of 511**  where the source took necessary a ctions to minimize em issions
. In addition, the source must meet certain notificati on 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

r equirements for assertion of the affirmative defense
. The 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 recognizi ng that any such 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 reli ef 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 disc harge.” 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 disc harge, the approximate total vinyl chloride loss during the discharge, the method used***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 276**  **of 511**  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 repo rts are already accounted for in the ICR burden estimate
. Therefore, the 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) , the EPA is including in the ICR the notification, recordkeeping , and reporting requirements associat ed with the assertion of the affirmative defense might entail
. The EPA’s estimate for the required notification, reports and records, including the root cause analysis, totals $3,14 1 and is based on the time and effort required of a source to review releva nt 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 277**  **of 511**  and reports for submission to the EPA . The 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 a gency 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 the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is approved by OMB, the agency will publish a technical amendment to 40 CFR part 9 in the **Federal Register**  to display the OMB control number for the approved information collection requirements contained in this final rule.

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

eco nomic impact on a substantial number of small entities
. Small entities include small businesses, small organizations, and small governmental jurisdictions. C
. Regulatory Flexibility Act***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 278**  **of 511**  For purposes of assessing the impacts of this final 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 th an 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 final rule on small entities, I certify that this acti on will not have a significant economic impact on a substantial number of small entities
. The industry in which the affected entities are in is NAICS 325211 (Polyvinyl chemical resins manufacturing)
. The SBA small business size definition for this industry is 750 employees or less for parent entities
. This final rule will not impose any requirements on small entities
. To the EPA’s knowledge, there are no small entities subject to the final rule.

This action does not co ntain a f ederal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector D . Unfunded Mandates Reform Act (UMRA)***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 279**  **of 511**  in any one year
. The total annualized cost of this rule is estimated to be no more than $ 4. 1 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 signifi cantly or uniquely affect small governments . This rule impacts only PVC production facilities , and , thus , does not impact small governments uniquely or significantly
.

The action does not have federalism implications
. I t 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
. Th e final 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 do es not apply to this action. E . Executive Order 13132: Federalism

F . Executive Order 13175: Consultation and Coordination with Indian Tribal Governments***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 280**  **of 511**  This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000)
. The final 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.

The EPA interprets E xecutive O rder 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 s ubject to
E xecutive O rder 13045 , because it is based solely on technology performance. G
. Executive Orde r 13045: Protection of Children from Environmental Health Risks and Safety Risks

This action is not a “significant energy action” a s 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
. The EPA estimates that the requirements in this final action would cause most PVCPU to H . Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 281**  **of 511**  modify existing air pollution control devices ( e.g.

Given the ne gligible change in energy consumption resulting from this final action, the EPA does not expect any significant price increase for any energy type
. The cost of energy distribution should not be affected at all by this final action since the action would no t 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 final action, they would be minimal
. , 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.

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 the 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 ( I . National Technology Transfer and Advancement Act

e.g. , materials specification s, test methods, sampling procedures, and business***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 282**  **of 511**  practices) that are developed or adopted by VCS bodies
. NTTAA directs the EPA to provide Congress, through OMB, explanations when the a gency decides not to use available and applicable VCS. This final rulemaking involves technical standards
. The EPA proposes to use ANSI/ASME PTC 19.10

- 1981, Flue and Exhaust Gas Analyses

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. , as an acceptable alternative to EPA Method 3B
. T his standard is available from the American Society of Mechanical Engineers (ASME), Th ree Park Avenue, New York, NY 10016

- 5990
.

During the search, if the title or abstract (if provided) of the VCS de scribed technical sampling and analytical procedures that were similar to the 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 practicali ty 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 the EPA reference method s . The EPA may reconsider determinations of impracticality when additional information is available for particular VCS.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 283**  **of 511**  The search identified 17 other VCS that were potentially applicable for this rule in lieu of the EPA reference methods
. After reviewing the available standards, the 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 D58 35

- 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 thei r 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.

Executive Order 12898 (59 FR 7629, February 16, 1994 ) establishes f ederal executive policy on environmental justic e . Its main provision directs f ederal agencies, to the greatest extent practi cable 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 J . Executive Order 12898: Federal Actions to Address Environm ental Justice in Minority Populations and Low

- Income Populations***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 284**  **of 511**  environmental effects of their programs, policies, and activities on minority populations and low

- income populations in the U nited S tates . The EPA has determined that th is final rule will not have disproportionately high and adverse human health or environmental effects on minority or low

- income populations , because it increases t he 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 show s 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 perce ntage 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 minori ty 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, the EPA used census data at***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 285**  **of 511**  the blo ck 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, the 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 a nd socio

- economic composition ( e.g. , race, income, 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. 4 , 5 , 6 , 7

4 U.S. GAO (Government Accountability Office)
. D emographics of People Living Near Waste Facilities
. Washington DC: Government Printing Office; 1995. There was only one census block group with its centroid within 0.5 miles of any source affected by th e final rule
. The 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

5 Mohai P, Saha R
. Reassessing Racial and Socio

- economic Disparities in Environmental Justice Research
. Demography
. 2006;43(2): 383

– 399. 6 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. 7 Bullard RD, Mohai P, Wright B, Saha R, et al
. Toxic Waste and Race at Twenty 1987

- 2007
. United Church of Christ
. March, 2007
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 286**  **of 511**  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. 8
The EPA developed a communication and outreach strategy to ensure that interested communities have access to this final rule, are aware of its content, and ha d an opportunity to comment during the comment period
. The EPA also ensured that interested communities had an opportunity to comment during the comment period. During the comment period, the EPA publicize d the rulemaking via environmental justice newsletters, Tribal newsletters, environmental justice listservs an d the I nternet, including the EPA Office of Policy Rulemaking Gateway website ( http://yosemite.epa.gov/opei/RuleGate.nsf/ )
. The EPA will also conduct targeted outreach to environmental justice communities , as appropriate
. Outreach activities may include pr oviding general rulemaking fact sheets ( e.g.

8 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. , why is this important for my community) for environmental justice community groups , and conducting conference calls with interested communities
. In addition, s tate and f ederal permitting requirements will provi de
S tate and local governments , and members of affected communities***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 287**  **of 511**  the opportunity to provide comments on the permit conditions associated with permitting the sources affected by th e final rule.

The Congressional Review Act, 5 U.S.C. 801 , K . Congressional Review Act
et seq ., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States
. The EPA will submit a report containing this final rule and other required information to the U nited States Senate, the U nited
States House of Representatives and the Comptroller General of the United States prior to publication of t he rule in the **Federal Register**
. A major rule cannot take effect until 60 days after it is published in the **Federal Register**
. This action is
not a “major rule” as defined by 5 U.S.C. 804(2)
. This rule will be effective **[INSERT DATE OF PUBLICATION IN THE FE DERAL**  **REGISTER]**
.***E.O. 12866 Review

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– Do Not Cite, Quote or Release Dur i ng Review*** National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production

-- Page 288 of 511 **List of Subjects in 40 CFR P**  **art 63** Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.

______________________ Dated:

_______________________ Lisa P. Jackson, Administrator
.***E.O. 12866 Review

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– Do Not Cite, Quote or Release Dur i ng Review*** Page **289** of **511** For the reasons stated in the preamble, title 40, chapter I, part 63 of the Code of Federal Regula tions, is 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 A —**  **[Amended]** .

2. Section 63.14 is amended by: a. Adding paragraph s (b) (28), (b)(54), and (b) (69)
. b. Revising paragraph (c)(3)
. c. Revising paragraph (i)(1). d. Revising paragraph (n)(1)
. e. Adding paragraphs (p)(8) through (p)(11) to read as follows: **§63.14 Incorporations by reference.**

* * * * * (b) * * * (28) ASTM D6420

– 99 (Reapproved 2004), Standards Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography

- Mass Spectometry, IBR approved for §§60.485(g)(5), 60.485a(g)(5), 63.772(a)(1)(ii), 63.2354(b)(3)(i), 63.2354(b)(3) (ii), 63.2354(b)(3)(ii)(A ),***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 290**  **of 511**  63.2351(b)(3)(ii)(B) and table 8 to subpart HHHHHHH of this part . (54) ASTM D6348

– 03, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, incorporation by reference ( IBR) approved for §63.1349(b)(4)(iii) of subpart LLL and table 4 to subpart DDDD of this part as specified in the subpart and table 8 to subpart HHHHHHH of this part
. (69) ASTM D2879

– 10 Standard Test Method for Vapor Pressure

Temperature Relationship and I nitial Decomposition Temperature of Liquids by Isoteniscope, IBR approved for §63.12005. (c) * * * (3) API Manual of Petroleum Measurement Specifications (MPMS) Chapter 19.2, Evaporative Loss From Floating

- Roof Tanks (formerly API Publications 2517 and 2519), First Edition, April 1997, IBR approved for §63.1251 of subpart GGG of this part and §63.12005.
* * * * * (i) * * * (1) ANSI/ASME PTC 19.10

– 1981, “Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus],” IBR approve d for §§63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii), 63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3),***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 291**  **of 511**  63.4362(a)(3), 63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2), 63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.111 62(f)(3)(iii) and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii), 63.11551(a)(2)(i)(C), 63.11945(d)(2), table 5 to subpart DDDDD of this part, table 1 to subpart ZZZZZ of this part and table 4 to subpart JJJJJJ of this part.
* * * * * (n) * * * (1) “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 Monitorin g, prepared by Texas Commission on Environmental Quality, January 31, 2003, IBR approved for §63.654(c)(1) and (g)(4)(i) of subpart CC of this part, and §63.11920(a)(3)(i) of subpart HHHHHHH of this part.
* * * * * (p) * * * (8) SW

- 846

- 80 15C, Revision 3, February 2007, Nonhalogenated Organics by Gas Chromatography in EPA Publication No. SW

- 846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for §63.11960(e)(1)(iv),***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 292**  **of 511**  §63.11980(a)(2)(iv) and ta ble 10 to subpart HHHHHHH of this part. (9) SW

- 846

- 8260B, Revision 3, February 2007, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS) in EPA Publication No. SW

- 846, Test Methods for Evaluating Solid Waste, Physical/Chemical Method s, Third Edition, IBR approved for §63.11960(e)(1)(i), §63.11980(a)(2)(i) and table 10 to subpart HHHHHHH of this part. (10) SW

- 846

- 8270D, Revision 4, February 2007, Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS) in EPA Publication No. SW

- 846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for §63.11960(e)(1)(ii), §63.11980(a)(2)(ii) and table 10 to s ubpart HHHHHHH of this part. (11) SW

- 846

- 8315A, Revision 1, December 1996, Determination of Carbonyl Compounds by High Performance Liquid Chromatography in EPA Publication No. SW

- 846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Thir d Edition, IBR approved for §63.11960(e)(1)(iii), §63.11980(a)(2)(iii) and table 10 to subpart HHHHHHH of this part. **Subpart DDDDDD —**  **[Amended]*****E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 293**  **of 511**  3. Section 63.11140 is amended by revising paragraphs (a) through (d) and adding paragraphs (e) and ( f ) to read as follows: **§63.11140 Am I subject to this subpart?**  (a) On or before **[INSERT DATE OF PUBLICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]**  , y ou are subject to this subpart if you own or operate a plant specified in § 61.61(c) of this chapter that produces polyvinyl chloride (PVC) or copolymers and is an area source of hazardous air pollutant (HAP) emissions. After **[INSERT DATE OF PUBLICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]**  , y ou are subject to the requirements in this subpart if you own or operate one or more polyvinyl chloride and copolymers process units (PVCPU) , as defined in §63.12005 , that are located at, or are part of, an area source of hazardous air pollutants (HAP). (b) On or before **[INSERT DATE OF PUBLICATION OF TH IS**  **FINAL**
**RULE IN THE FEDERAL REGISTER]**  , t his subpart applies to each new or existing affected source. The affected source is the collection of all equipment and activities in vinyl chloride service necessary to produce PVC and copolymers. An affected source does not includ e portions of your PVC and copolymers production operations that meet the criteria in § 61.60(b) or (c) of this chapter
. After **[INSERT DATE OF PUBLICATION OF TH IS**  **FINAL*****E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 294**  **of 511**  **RULE IN THE FEDERAL REGISTER]** , t his subpart applies to each polyvinyl chloride and copol ymers production affected source.
T he polyvinyl chloride and copolymers production affected source is the facility

- wide collection of PVCPU s , storage vessels, heat exchange systems, surge control vessels, and wastewater and process wastewater treatment sys tems that are associated with producing polyvinyl chloride and copolymers. (1) An affected source is existing if you commenced construction or reconstruction of the affected source before October 6, 2006. (i) You must meet the applicable requirements of §6 3.11142(a), §63.11143(a) and (b), §63.11144(a), and §63.11145 for existing affected sources. (ii) You must achieve compliance by the date specified in §63.11141(a). (iii) You must meet the applicable requirements of §63.11142(b) through (f), 63.11143(c), § 63.11144(b), and §63.11145 for existing affected sources by the compliance date specified in §63.11141(c), after which time you are no longer subject to the requirements listed in paragraphs (b)(1)(i) and (ii) of this section.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 295**  **of 511**  (2) An affected source is new if you commenced construction or reconstruction of the affected source between October 6, 2006 and May 20, 2011
. (i) You must meet the applicable requirements of §63.11142(a), §63.11143(a) and (b), §63.11144(a), and §63.11145 for new affected sources. (ii ) You must achieve compliance by the date specified in §63.11141(b). (3) If you are a new affected source as specified in paragraph (b)(2) of this section that commenced construction or reconstruction between October 6, 2006 and May 20, 2011, then after **[I NSERT DATE OF PUB**  **L ICATION OF TH**  **IS FINAL RULE IN THE**  **FEDERAL REGISTER]** you are considered an existing affected

source. (i) You must meet the applicable requirements of §63.11142(b) through (f), 63.11143(c), §63.11144(b), and §63.11145 for existing affected sources. (ii) You must achieve compliance by the date specified in §63.11141(d), after which time you are no longer subject to paragraphs (b)(2)(i) and (ii) of this section. (4) An affected source is new if you commenced construction or reconstruction of the affected source after May 20, 2011
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 296**  **of 511**  (i) You must meet the applicable requirements of §63.11142(b) through (f), 63.11143(c), §63.11144(b), and §63.11145 for new affected sources. (ii) You must achieve compliance by the date specified in §63.11141(e). ( iii) If components of an existing affected source are replaced such that the replacement meets the definition of reconstruction in §63.2 and the reconstruction commenced after May 20, 2011, then the existing affected source becomes a reconstructed source a nd is subject to the relevant standards for a new affected source. The reconstructed source must comply with the requirements of paragraph (b)(4)(i) of this section for a new affected source upon initial startup of the reconstructed source or by **[INSERT DA TE OF PUBLICATION OF TH**  **IS FINAL RULE IN**  **THE FEDERAL REGISTER]** , whichever is later. (c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air
Act. After **[INSERT DATE OF PUBICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]**  , t he requirements of this subpart also do not apply to chemical manufacturing process units, as defined in §63.101, that produce vinyl chloride monomer or other raw materials used in the production of polyvinyl chloride and copolymers.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 297**  **of 511**  (d) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous
senten ce, you must continue to comply with the provisions of this subpart
. ( e ) After the applicable compliance date specified in §63.11141(c), (d) or (e), 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 no longer has to comply with 40 CFR part 61, subpart F. ( f ) After the applicable compliance date specified in §63.11141 (c), (d) or (e) , an affected source that is also subject to the provisions of other 40 CFR part 60 or 40 CFR part 63 subparts is required to comply with this subpart and any other applicable 40 CFR part 60 and part 63 subparts. 4. Section 63.11141 is revised to read as follows: **§63.11141 What are my compliance dates?** (a) If you own or operate a n existing affected source as specified in §63.11140(b)(1), then you must achieve compliance with the applicable provisions in this subpart specified in §63.11140(b)(1)(i) by January 23, 2007.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 298**  **of 511**  (b) If you own or operate a new affected source as specified in §63.11140(b)(2), then you must achieve compliance with the applicable provisions in this subpart as specified in §63.11140(b)(2)(i) by the dates in paragraphs (b)(1) or (2) of this section. (1) If you start up a new affected source on or before January 23 , 2007, you must achieve compliance with the applicable provisions in this subpart not later than January 23, 2007. (2) If you start up a new affected source after January 23, 2007 but before or on May 20, 2011, then you must achieve compliance with the pr ovisions in this subpart upon startup of your affected source. (c) If you own or operate an existing affected source as specified in §63.11140(b)(1), then you must achieve compliance with the applicable provisions in this subpart specified in §63.11140(b)( 1)(iii) by **[ INSERT DATE 3 YEARS AFTER**  **THE**
**PUBLICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER ]** 
. (d) If you own or operate an affected source that commenced construction or reconstruction between October 6, 2006 and May 20, 2011, then you must achieve co mpliance with the applicable provisions of this subpart specified in §63.11140(b)(3) by***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 299**  **of 511**  **[INSERT DATE 3 YEARS AFTER THE**  **PUB L**  **ICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]**  **.** (e) If you own or operate a new affected source as specified in §63.11140(b)(4), then you must achieve compliance with the applicable provisions in this subpart specified in §63.11140(b)(4)(i) by the dates in paragraphs (e)(1) and (2) of this section. (1) If you start up your affected source between May 20, 2011 and **[ INSERT DATE**  **OF PU**  **BLICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]**  , then you must achieve compliance with the applicable provisions in this subpart not later than **[INSERT**
**DATE OF**  **PUBLICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]**
. (2) If you start up your affected source after **[INSERT DATE**
**OF PUBLICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]** , then you must achieve compliance with the provisions in this subpart upon startup of your affected source. 5. Section 63.11142 is revised to read as follows: **Standards and Compliance Requirements**  **§63.11142 What are the standards and compliance requirements for**  **new and existing sources?** ( a ) You must meet all the requirements in 40 CFR part 61, subpart F, except for 40 CFR 61.62 and 40 CFR 61.63.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 300**  **of 511**  ( b ) You must comply with e ach emission limit and standard specified in Table 1 to this subpart that applies to your existing affected source, and you must comply with each emission limit and standard specified in Table 2 to this subpart that applies to your new affected source. ( c ) The emission limits, operating limits and work practice standards specified in this subpart apply at all times, including periods of startup, shutdown and malfunction
. ( d ) You must demonstrate initial compliance by the dates specified in §63.11141. ( e ) You must conduct subsequent performance testing according to the schedule specified in §63.11905. ( f ) You must meet the requirements of the applicable sections of 40 CFR part 63, subpart HHHHHHH, as specified in paragraphs ( f )(1) through (19) of this sect ion, except for the purposes of complying with this subpart, where the applicable sections of 40 CFR part 63, subpart HHHHHHH, as specified in paragraphs ( f )(1) through (19) of this section reference Table 1 or Table 2 to subpart HHHHHHH, reference is made to Table 1 or Table 2 to this subpart. (1) You must comply with the requirements of §63.11880(b). (2) You must comply with the requirements of §§63.11890( a ) through 63.11890(d) and are subject to §63.11895.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 301**  **of 511**  (3) You must comply with the requirements of §63.11896, except for the purposes of complying with this subpart, where §63.11896 refers to §63.11870( d ) of subpart HHHHHHH, reference is made to §63.11140 (b)(4) of this subpart. (4) You must comply with the requirements of §63.11900, except for the purp oses of complying with this subpart, where §63.11900 refers to §63.11875 of subpart HHHHHHH, reference is made to §63.11141 of this subpart. (5) You must meet the requirements of §63.11910 for initial and continuous compliance for storage vessels. (6) Yo u must meet the requirements of §63.11915 for equipment leaks. (7) You must meet the requirements of §63.11920 for initial and continuous compliance for heat exchange systems. (8) You must meet the requirements of §63.11925 for initial and continuous com pliance for process vents. (9) You must meet the requirements of §63.11930 for closed vent systems. (10) You must meet the requirements of §63.11935 for continuous emissions monitoring systems (CEMS) and continuous parameter monitoring systems (CPMS) to demonstrate initial and continuous compliance with the emission standards for process
vent s .***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 302**  **of 511**  (11) You must meet the requirements of §63.11940 for continuous monitoring requirements for control devices required to install CPMS to meet the emission limits f or process vents. (12) You must meet the requirements of §63.11945 for performance testing requirements for process vents. (13) You must meet the requirements of §63.11950 for emissions calculations to be used for an emission profile by process of batch process operations. (14) You must meet the requirements of §63.11955 for initial and continuous compliance requirements for other emission sources. (15) You must meet the requirements of §63.11956 for ambient monitoring. (16) You must meet the requireme nts of §63.11960 for initial and continuous compliance requirements for stripped resin. (17) You must meet the requirements of §63.11965 through §63.11980 for general, initial and continuous compliance, test methods and calculation procedures for wastewat er. (18) You must meet the notification and reporting requirements of §63.11985. (19) You must meet the recordkeeping requirements of §§63.11990 and 63.11995.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 303**  **of 511**  6. Section 63.11143 is revised to read as follows: **Other Requirements and Information §63.11143**  **What General Provisions apply to this subpart?** (a) All the provisions in part 61, subpart A of this chapter, apply to this subpart. (b) The provisions in subpart A of this part, applicable to this subpart are specified in paragraphs (b)(1) and (2) of this section. (1) §63.1(a)(1) through (10). (2) §63.1(b) except paragraph (b)(3), §63.1(c), and §63.1(e). (c) Section 63.11885 specifies which parts of the General Provisions in subpart A of this part apply to you. 7. Section 63.11144 is revised to read as foll ows: **§63.11144 What definitions apply to this subpart?**  (a) On and before **[INSERT DATE OF PUB L**  **ICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]**  , the terms used in this subpart are defined in the Clean Air Act ; §§ 61.02 and 61.61 of this chapter; and §63.2 for terms used in the applicable provisions of subpart A of this part, as specified in §63.11143(b). (b) After **[INSERT DATE OF PUB L**  **ICATION OF TH IS**  **FINAL RULE IN THE FEDERAL REGISTER]**  , t erms used in this subpart are defined in the Clean Air Act; §63.2; and §63.12005.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 304**  **of 511**  8. Section 63.11145 is revised to read as follows: **§63.11145 Who implements and enforces this subpart?**  (a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a state, local, or tribal agency. If the U.S . EPA Administrator has delegated authority to a state, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if this subpart is delegated to a state, local, or tribal agency within your state. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under subpart E of this part, the approval authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the state, local, or tribal agency. (1) Approval of an alternative means of emissions imitation under § 61.12(d) of this chapter. (2) Approval of a major change to tes t methods under
§ 61.13(h) of this chapter. A “major change to test method” is defined in §63.90.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 305**  **of 511**  (3) Approval of a major change to monitoring under
§ 61.14(g) of this chapter . A “major change to monitoring” is defined in §63.90. (4) Approval of a major chan ge to reporting under § 61.10. A “major change to recordkeeping/reporting” is defined in §63.90. 9. Table 1 and Table 2 are added to subpart DDDDDD to read as follows: **Table 1 to Subpart DDDDDD of Part 63 —**  **Emission Limits and Standards for Existing Affected**  **Sources For this**  **type of emission**  **point... And for this air**  **pollutant... And for an**  **affected source producing this** 

**type of PVC**

**resin ...**  **You must meet this emission**  **limit...** PVC

- only process vents a Vinyl chloride
.

. All resin types
. 5.3 parts per million by volume (ppmv). Total hydrocarbons
. All resin types
. 38 ppmv measured as propane . Total organic HAP b All resin types
. . 140 ppmv. Dioxins/furans (toxic equivalency basis)
. All resin types
. 0.13 nanograms per dry standard cubic meter (ng/dscm). PVC

combined process vents a Vinyl chloride
.

. All resin types
. 0.5 6 ppmv. Total hydrocarbons
. All resin types
. 2.3 ppmv measured as propane . Total organic HAP b All resin types
. . 29 ppmv. Dioxins/furans (toxic equivalency basis)
. All resin types
. 0.076 ng/dscm.
Stripped resin
. Vinyl chloride
. Bulk resin
. 7.1 parts per million by weight (ppmw). Dispersion resin
. 1,500 ppmw.
Suspension resin
. 36 ppmw.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 306**  **of 511** 

**For this type of**  **emission point...**  **And for this air pollutant...**  **And for an affected source**  **producing this**

**type of PVC**

**resin ...**  **You must meet this emission**  **limit...** Suspension blending resin
. 140 ppmw. Copolymer resin
. 790 ppmw. Total non

- vinyl chloride organic HAP
. Bulk resin
. 170 ppmw. Dispersion resin
. 320 ppmw.
Suspension resin
. 36 ppmw.
Suspension blending resin
. 500 ppmw. Copolymer resin
. 1,900 ppmw. Process Wastewate r . Vinyl chloride
. All resin types
. 2. 9 ppmw. Total non

- vinyl chloride organic HAP
. All resin types
. 0.018 ppmw.

a Emission limits at 3 percent oxygen, dry basis. b Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP limit. **Table 2 to Subpart DDDDDD of Part 63 —**  **Emission Limits and Standards for New Affected Sources**  **For this type of**  **emission point...**  **And for this air pollutant...**  **And for an affected source**  **producing this**

**type of PVC**

**resin ...**  **You must meet th is**  **emission limit...** PVC

- only process vents a Vinyl chloride
.

. All resin types
. 5.3 parts per million by volume (ppmv). Total hydrocarbons
. All resin types
. 38 ppmv measured as propane . Total organic HAP b All resin types
. . 140 ppmv. Dioxins/furans (toxic equivalency basis)
. All resin types
. 0.13 nanograms per dry standard cubic meter ( ng/dscm )
. PVC

combined process vents a Vinyl chloride
.

. All resin types
. 0. 5 6 ppmv. Total hydrocarbons
. All resin types
. 2.3 ppmv measured as propane .***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 307**  **of 511** 

**For this type of**  **emission point...**  **And for this air pollutant...**  **And for an affected source**  **producing this**

**type of PVC**

**resin ...**  **You must meet th is**  **emission limit...** Total organic HA P b All resin types
. . 29 ppmv. Dioxins/furans (toxic equivalency basis)
. All resin types
. 0.076 ng/dscm.

Stripped resin
. Vinyl chloride
. Bulk resin
. 7.1 parts per million by weight (ppmw). Dispersion resin
. 1,500 ppmw.
Suspension resin
. 36 ppmw.
Suspension blending resin
. 140 ppmw. Copolymer resin
. 790 ppmw. Total non

- vinyl chloride organic HAP . Bulk resin
. 170 ppmw. Dispersion resin
. 320 ppmw.
Suspension resin
. 36 ppmw.
Suspension blending resin
. 500 ppmw. Copolymer resin
. 1,900 ppmw. Process Wastewate r . Vinyl chloride
. All resin types
. 2. 9 ppmw. Total non

- vinyl chloride organic HAP . All resin types
. 0.018 ppmw.

a Emission limits at 3 percent oxygen, dry basis. b Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP limit.
10. Part 63 is amended by adding subpart HHHHHHH to read as follows:***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 308**  **of 511**  **Subpart HHHHHHH --**  **National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride a**  **nd Copolymers Production** 
**Sec. What This Subpart Covers**  63.11860 What is the purpose of this subpart? 63.11865 Am I subject to the requirements in this subpart? 63.11870 What is the affected source of this subpart? 63.11871 What is the relationship to 40 CFR part 61, subpart F? 63.11872 What is the relationship to other 40 CFR part 63 subparts? 63.11875 When must I comply with this subpart? **Emission Limits, Operating Limits and Work Practic e Standards**  63.11880 What emission limits, operating limits and standards must I meet? **General Compliance Requirements** 63.11885 What parts of the General Provisions apply to me? 63.11890 What are my additional general requirements for complying with this subpart? 63.11895 How do I assert an a ffirmative d efense for e xceedance of e mission standard d uring m alfunction ? 63.11896 What am I required to do if I make a process change at my affected source? **Testing and Compliance Requirements** 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? 63.11905 When must I conduct subsequent performance testing and monitoring to demonstrate continuous compliance? 63.11910 What are my initial and continuous compliance requirements for storage vessels? 63.11915 What are my compliance requirements for equipment leaks? 63.11920 What are my initial and continuous compliance requirements for heat exchange systems? 63.11925 What are my init ial and continuous compliance requirements for process vents? 63.11930 What requirements must I meet for closed vent systems?***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 309**  **of 511**  63.11935 What CEMS and CPMS requirements must I meet to demonstrate initial and continuous compliance with the emission standards for process vents? 63.11940 What continuous monitoring requirements must I meet for control devices required to install CPMS to meet the emission limits for proces s vents? 63.11945 What performance testing requirements must I meet for process vents? 63.11950 What emissions calculations must I use for an emission profile? 63. 11955 What are my initial and continuous compliance requirements for other emission sources? 63.11956 What are my compliance requirements for ambient monitoring? 63.11960 What are my initial and continuous compliance requirements for stripped resin? 63.11965 What are my general compliance requirements for wastewater? 63.11970 What are my initial compliance requirements for process wast ewater? 63.11975 What are my continuous compliance requirements for process wastewater? 63.11980 What are the test methods and calculation procedures for process wastewater? **Notifications, Reports and Records** 63.11985 What notifications and reports must I submit and when? 63.11990 What records must I keep? 63.11995 In what form and how long must I keep my records? 63.12000 Who implements and enforces this subpart? **Definitions** 63.12005 What definitions apply to this s ubpart? **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 Sub part HHHHHHH of Part 63

-- Summary of Control Requirements for Storage Vessels at New and Existing Sources Table 4 to Subpart HHHHHHH of Part 63

-- Applicability of the General Provisions to Part 63 Table 5 to Subpart HHHHHHH of Part 63

-- Operating Parameters, Operating Limits and Data Monitoring, Recording and Compliance Frequencies for Process Vent Control Devices Table 6 to Subpart HHHHHHH of Part 63

-- Toxic Equivalency Factors***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 310**  **of 511**  Table 7 to Subpart HHHHHHH of Part 63

-- Calibration and Accuracy Requirements for C ontinuous Parameter Monitoring Systems Table 8 to Subpart HHHHHHH of Part 63

-- Methods and Procedures for Conducting Performance Tests for Process Vents Table 9 to Subpart HHHHHHH of Part 63

-- Procedures for Conducting Sampling of Stripped Resin and Process Wastewater Table 10 to Subpart HHHHHHH of Part 63

-- HAP Subject to the Stripped Resin and Process Wastewater Provisions at New and Existing Sources **Subpart HHHHHHH --**  **National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride**  **and Copolymers Production**  **What This Subpart Covers §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 at major sources. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission standards. **§63.11865 Am I subject to the requirements in this subpart?**  You are subject to the requirements in this subpart if you

own or operate one or more polyvinyl chloride and copolymers production process units (PVCPU) as defined in §63.12005 that are located at, or are part of, a major source of hazardous air pollutants (HAP) emissions as defined in §63.2. The requirements of this sub part do not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 311**  **of 511**  Act, or to chemical manufacturing process units, as defined in §63.101, that produce vinyl chloride monomer or other raw materials used in the produc tion of polyvinyl chloride and copolymers. **§63.11870 What is the affected source of this subpart?**  (a) This subpart applies to each polyvinyl chloride and copolymers production affected source. (b) The polyvinyl chloride and copolymers production affected source is the facility wide collection of PVCPU s , storage vessels, heat exchange systems, surge control vessels, wastewater and process wastewater treatment systems that are associated with producing polyvinyl chloride and copolymers. (c) An existing affe cted source is one for which construction was commenced on or before May 20, 2011 , at a major

source. (d) A new affected source is one for which construction is commenced after May 20, 2011 , at a major source. (e) If components of an existing affected sour ce are replaced such that the replacement meets the definition of reconstruction in §63.2 and the reconstruction commenced after May 20, 2011, then the existing affected source becomes a reconstructed source and is subject to the relevant standards for a n ew affected source. The reconstructed source must comply***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 312**  **of 511**  with the requirements for a new affected source upon initial startup of the reconstructed source or by **[INSERT DATE OF**
**PUBLICATION OF THIS FINAL RULE**  **IN THE FEDERAL REGISTER]** , whichever is later. **§63 .11871 What is the relationship to 40 CFR part 61, subpart F?**  After the applicable compliance date specified in §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 no longer has to comply with 40 CFR part 61, subpart F. **§63.11872 What is the relationship to other 40 CFR part 63 subparts?**  After the applicable compliance date specified in §63.11875(a), (b) or (c), an affected source that is also subject to the provisions of other 40 CFR part 60 or 63, subparts is required to comply with this subpart and any other applicable 40 CFR part 60 and 40 CFR part 63 subparts. **§63.11875 When must I comply with this subpart?** (a) If you own or operat e an existing affected source, you must achieve compliance with the applicable provisions in this subpart no later than **[INSERT DATE 3 YEARS AFTER THE DATE OF** 
**PUBLICATION OF THIS FINAL RULE**  **IN THE FEDERAL REGISTER]** . On or after **[INSERT DATE 3 YEARS AFTER T**  **HE DATE OF PUBLICATION**  **OF THIS*****E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 313**  **of 511** 
**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 **[INSERT DATE OF**  **PUBLICATION OF**  **THIS FINAL RULE IN THE FEDERAL**  **REGISTER]** , you must achieve compliance with the provisions of this subpart no later than **[INSERT DATE OF PUBLICATION OF THIS** 
**FINAL RULE IN THE FEDERAL REGISTER]**  . On or after **[INSERT DATE OF**
**PUBLICATION OF THIS 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 **[INSERT**
**DATE OF PUBLICATION OF THIS FINAL RULE**  **IN THE FEDERAL REGISTER]** , you must achieve com pliance 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 §§63.9 and 63.119 85 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*****E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 314**  **of 511**  **§63.1 1880 What emission limits, operating limits and standards** 
**must I meet?** (a) You must comply with each emission limit and standard specified in Table 1 to this subpart that applies to your existing affected source, and you must comply with each emission limi t and standard specified in Table 2 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 §63.11925, and you must establish each operating limit as an op erating 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 in §§63.11910 through 63.11980 that apply to your affected sourc e. **General Compliance Requirements §63.11885 What parts of the General Provisions apply to me?**  Table 4 to this subpart specifies which parts of the General Provisions in subpart A of this part apply to you. **§63.11890 What are my additional general requirements for**  **complying with this subpart?*****E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 315**  **of 511**  (a) The emission limits, operating limits, and work practice standards specified in this subpart apply at all times, including periods of startup, shutdown or malfunction. (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 acceptabl e 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 mainten ance records, and inspection of the source. (c) You must install, calibrate, maintain, and operate all monitoring system components according to §63.8, §63.11935(b) and (c), and paragraphs (c)(1) and (2) of this section. (1) Except for periods of monitorin g 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 op erate the continuous monitoring system at all times the affected source is operating. A monitoring system malfunction is any sudden,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 316**  **of 511**  infrequent, not reasonably preventable failure of the monitoring system to provide data. Monitoring system failures that ar e 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 pract icable. (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
opera ting 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 317**  **of 511**  (2) When a performance test indicates that emissions of a pollutant in Table 1 or 2 to this subpart are exceeding the

em ission standard for the pollutant specified in Table 1 or 2 to this subpart. (3) When a 3

- hour block average from a continuous emissions monitor, as required by §63.11925(c)(1) through (3), exceeds an emission limit in Table 1 or 2 to this subpart. (4) Whe n the average value of a monitored operating parameter, based on the data averaging period for compliance specified in Table 5 to this subpart, does not meet the operating limit established in §63.11880(b). (5) When an affected source discharges directly t o 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 §63.12005. (ii) A bypass, as defined in §63.12005. (iii) A closed vent system in vacuum service. (iv) A clo sure 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 318**  **of 511**  (i) Any term or condition that is adopted to implement an applicable requirement in this subpart. (ii) Any term or condition relating to compliance with this subpart that is included in the operating permit for any affected source required to obtain such a permit. (7) An y 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, cali bration checks and required zero and span adjustments). **§63.11895 How do I assert an a**  **ffirmative d**  **efense for e**  **xceedance of**  **e mission**  **standard d**  **uring m**  **alfunction ?**  In response to an action to enforce the standards set forth in §63.11880 , you may assert an a ffirmative defense to a claim for civil penalties for exceedances of such standards that are caused by malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be assessed, however, if you fail to meet your burden of proving all of the requirement s in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (a) Evidence
. To establish the affirmative defense in any action to enforce such a limit, you must timely meet the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 319**  **of 511**  notification requirements in p aragraph (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 equipment, process equipment , or a proces s to operate in a normal or usual

manner . (ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices
. (iii) Did not stem from any activity or event that could have been foreseen and avoide d, or planned for
. (iv) Were not part of a recurring pattern indicative of inadequate design, operation, or maintenance
. (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
. (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
. (4) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 320**  **of 511**  to prevent loss of life, personal injury, or severe property damage
. (5) All possible steps were taken to minimize the impact of the excess emi ssions on ambient air quality, the environment and human health
. (6) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices
. (7) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs
. (8) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions
. (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 shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (b) Notification . The owner or operator of the affected source experiencing an exceedance or violation of its emission
stan dard (s) during a malfunction may assert an affirmative***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 321**  **of 511**  defense to civil penalties for that malfunction . The owner or operator seeking to assert an affirmative defense must submit with the compliance report required in §63.11985(b) a written report to demon strate, with all necessary supporting documentation, that it has met the requirements set forth in paragraph (a) of this section. **§63.11896 What am I required to do if I make a process change at my affected source?**  If you make a process change to an exist ing affected source that does not meet the criteria to become a new affected source in §63.11870(d), you must comply with the requirements in paragraph (a) of this section and the testing and reporting requirements in paragraphs (c) and (d) 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 and the testing and reporting requirements i n paragraphs (c) and (d) of this section. Refer to §63.12005 for the definition of process changes. (a) You must demonstrate that the changed process unit or component of the affected facility is in compliance with the applicable requirements for an existi ng affected source. You must demonstrate initial compliance with the emission limits and establish any applicable operating limits in §63.11880 within***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 322**  **of 511**  180 days of the date of start

- up of the changed process unit or component of the affected facility. You m ust demonstrate compliance with any applicable work practice standards upon startup of the changed process unit or component of the affected facility. (b) You must demonstrate that all changed emission points are in compliance with the applicable requireme nts for a new affected source. You must demonstrate initial compliance with the emission limits and establish any applicable operating limits in §63.11880 within 180 days of the date of startup of the changed process unit or component of the affected facil ity. You must demonstrate compliance with any applicable work practice standards upon startup of the changed process unit or component of the affected facility. (c) For process changes, you must demonstrate continuous compliance with your emission limits a nd standards, operating limits, and work practice standards according to the procedures and frequency in §§63.11910 through 63.11980. (d) For process changes, you must submit the report specified in §63.11985(b)(4)(iii). **Testing and Compliance Requirements §63.11900 By what date must I conduct initial performance**  **testing and monitoring, establish any applicable operating*****E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 323**  **of 511**  **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 §63.11880 and demonstrate initial compliance with the emission limits and standards specified in Tables 1 and 3 to this subpart, as applicable, no later than 180 days after the compliance date specifie d in §63.11875 and according to the applicable provisions in §63.7(a)(2). (b) For existing affected sources, you must demonstrate initial compliance with any applicable work practice standards required in §63.11880 no later than the compliance date specifi ed in §63.11875 and according to the applicable provisions in §63.7(a)(2). (c) For new or reconstructed affected sources, you must establish any applicable operating limits required in §63.11880, and demonstrate initial compliance with the emission limits and standards specified in Tables 2 and 3 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 §63.7(a)(2)(ix).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 324**  **of 511**  (d) For new and reconstructed affected sources, you must demonstrate initial compliance with any applicable work practice standards required in §63.11880 no later than the startup date of the affected source or the effective date of pu blication of the final rule in the Federal Register

(e) If you demonstrate initial compliance using a performance test and a force majeure is about to occur, occurs, or has occ urred for which you intend to assert a claim of force majeure, then you must follow the procedures in §63.7(a)(4). , whichever is later, and according to the applicable provisions in §63.7(a)(2).

**§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 §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 f requency in §§63.11910 through 63.11980. If you make a process change as specified in §63.11896, such that a different emission limit or operating parameter limit applies, you must conduct a performance test according to §63.11896. **§63.11910 What are my in itial and continuous compliance**  **requirements for storage vessels?*****E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 325**  **of 511**  You must comply with the requirements specified in Table 3 to this subpart for each storage vessel in HAP service
. (a) For each fixed roof storage vessel used to comply with the requirements specified in Table 3 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 system and control device, the closed vent system and control de vice must meet the requirements in §§63.11925 through 63.11950. (1) Design requirements

(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 othe r open spaces in the closure device or between the perimeter of the opening and the closure device. . (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 in terface of the roof edge and the tank wall.

(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 secur ed in the closed position.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 326**  **of 511**  (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 m onitoring 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. .***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 327**  **of 511**  (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 ve ssel 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) C omplete repair of a defect 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 p rovided in paragraph (a)(4)(ii) of this section.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 328**  **of 511**  (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 inte rnal floating roof storage vessel or external floating roof storage vessel to comply with the requirements specified in Table 3 to this subpart, you must meet all requirements of §§63.1060 through 63.1067 of subpart WW of this part for internal floating ro of storage vessels or external floating roof storage vessels, as applicable. (c) For each pressure vessel used to comply with the requirements specified in Table 3 to this subpart, you must meet the requirements in paragraphs (c)(1) through (4) of this

sec tion. (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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 329**  **of 511**  filling, e mptying and purging must meet the requirements of
§ 63.11925(a) and (b). (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 visi ble 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 §63.11915 and you ma y adjust for background concentration . You must comply with the recordkeeping provisions specified in §63.11990(b) (4) and the reporting provisions specified in §63.11985(a)(1), (b)(1), and ( b )( 10 ). (4) Pressure vessel closure devices must not discharge to the atmosphere. Any such release ( e.g.

**§63.11915 What are my compliance requirements for equipment leaks?**  , leak) constitutes a violation of this rule. Y ou must submit to the Administrator as part of your compliance report the information specified in §63.11985( b )( 10 ). This report is required even if you elect to follow t he procedures specified in §63.11895 to establish an affirmative defense.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 330**  **of 511**  For equipment in HAP service (as defined in §63.12005), you must comply with the requirements in paragraphs (a) thr ough (c) of this section. (a) Requirement for certain equipment in subpart UU of this part. You must comply with §§63.1020 through 63.1025, 63.1027, 63.1029 through 63.1032, and 63.1034 through 63.1039 of subpart UU of this part. (b) Requirements for pumps , compressors, and agitators. You must meet the requirements of paragraphs (b)(1) and (2) of this section. For each type of equipment specified in paragraphs (b)(1) and (2) of this section, you must also meet the requirements of paragraph (a) of this sect ion. (1) Rotating pumps. HAP emissions from seals on all rotating pumps in HAP service are to be minimized by either installing sealless pumps, pumps with double mechanical seals or equivalent equipment, or by complying with the requirements of 40 CFR part 63, subpart UU for rotating pumps. If double mechanical seals are used, 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 complying with
§ 63.11925(a) and (b); o r equivalent equipment or procedures approved by the Administrator.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 331**  **of 511**  (2) Reciprocating pumps, rotating compressors, reciprocating compressors and agitators. HAP emissions from seals on all reciprocating pumps, rotating compressors, reciprocating compressors and agitators in HAP service are to be minimized by either installing double mechanical seals or equivalent equipment, or by complying with the requirements of 40 CFR part 63, subpart UU for reciprocating pumps, rotating compressors, reciprocating compres sors and/or agitators. 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 complying with § 63.11925(a) and (b); or equival ent equipment or procedures approved by the Administrator. (c) Requirements for pressure relief devices. For pressure relief devices in HAP service, as defined in § 63.12005 , you must meet the requirements of this paragraph (c) and paragraph (a) of this sec tion , you must comply with the recordkeeping provisions in §63.11990(c) , and you must comply with the reporting provisions in §§63.11985(a)(2), (b)(2) and (c)( 7 ). (1) For pressure relief devices in HAP service that discharge directly to the atmosphere without first meeting the process vent emission limits in Table 1 or 2 to this subpart by routing the discharge to a closed vent system and control device***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 332**  **of 511**  designed and operated in accordance with the requirements in §§63.11925 through 63.11950 , , y ou must install, maintain, and operate release indicators as specified in paragraphs (c)(1) (i) and (ii) of this section
. Any release to the atmosphere without meeting the process vent emission limits in Table 1 or 2 to this subpart, constitutes a violation of this rule. Y ou must submit the report specified in §63.11985(c)( 7 ), as described in paragraph (c)( 1 ) (iii) of this section. ( i ) 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. ( ii ) 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 ea sily by an operator. ( iii ) 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 §63.11985(c)( 7 ). This report is required even if you elect to follow the procedures specified in §63.11895(b) to establish an affirmative defense.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 33**  **3 of**  **511** (2) For pressure relief devices in HAP service that discharge directly to a closed v ent system and control device designed and operated in accordance with the requirements in §§63.11925 through 63.11950 , and are required to meet process vent emission limits in Table 1 or 2 to this subpart
. A ny release to the atmosphere without meeting the process vent emission limits in Table 1 or 2 to this subpart, constitutes a violation of this rule. Y ou must notify operators that a pressure release has occurred, and, within 10 days of the release, you must submit to the Administrator the report specifi ed in §63.11985(c)( 7 ). This report is required even if you elect to follow the procedures specified in §63.11895(b) to establish an affirmative defense. **§63.11920 What are my initial and continuous compliance requirements for heat exchange systems?**  (a) Exc ept as provided in paragraph (b) of this section, you must perform monitoring to identify leaks of volatile organic compounds from each heat exchange system in HAP service subject to the requirements of this subpart according to the procedures in paragraph s (a)(1) through (4) of this section. (1) Monitoring locations for closed

- loop recirculation heat exchange systems . For each closed loop recirculating heat exchange system, you must collect and analyze a sample from the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 334**  **of 511**  location(s) described in either para graph (a)(1)(i) or (ii) of this section. (i) Each cooling tower return line prior to exposure to air for each heat exchange system in HAP service. (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

(i) Selected heat exchanger exit line(s) so that each heat exchanger or group of heat e xchangers in HAP service within a heat exchange system is covered by the selected monitoring location(s). . For each once

- through heat exchange system, you must collect and analyze a sample from the location(s) described in
par agraph (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.

(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 wat er 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 335**  **of 511**  sampling location for all heat exchange systems that use that same water feed. (3) Monitoring method

(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 §63.14) using a flame ioniza tion detector analyzer. . You must determine the total strippable volatile organic compounds concentration or vinyl chloride concentration at each monitoring location using one of the analytical methods specified in paragraphs (a)(3)(i) through (iii) of this section.

(ii) Determine the total strippable volatile organic compounds concentration (in parts per billion by weight) in the cooling water using Method 624 at 40 CFR part 136, appendix A. The target list of compounds shall be generated base d on a pre

survey sample and analysis by gas chromatography/mass spectrometry and process knowledge to include all compounds that***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 336**  **of 511**  can potentially leak into the cooling water. If Method 624 of part 136, appendix A is not applicable for all compounds that

ca n potentially leak into the cooling water for a given heat exchange system, you cannot use this monitoring method for that heat exchange system. (iii) Determine the vinyl chloride concentration (in parts per billion by weight) in the cooling water using Me thod 107 at 40 CFR part 61, appendix A. (4) Monitoring frequency

(i) For heat exchange systems for which you have not delayed repair of any leaks, monitor at least monthly. You may elect to monitor more frequently than the minimum frequency specified in this paragraph. . You must determine the total strippable volatile organic compounds or vinyl chloride concentration at each monitoring location at the frequencies specified in paragraphs (a)(4)(i) and (ii) o f this section.

(ii) If you elect to monitor the in let 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 337**  **of 511**  (b) A heat exchange system is not subject to the monitoring requirements in paragraph (a) of this section if it meets any one of the criteria in paragraphs (b)(1) through (3) of this section. (1) All heat exchangers that are in HAP se rvice 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 that are in H AP service. (3) The heat exchange system has a maximum cooling water flow rate of 10 gallons per minute or less. (c) The leak action levels for both existing and new sources are specified in paragraphs (c)(1) through (3) of this section. (1) If you elect t o monitor your heat exchange system by using the monitoring method specified in paragraph (a)(3)(i) of this section, then the leak action level is a total strippable volatile organic compounds concentration (as methane) in the stripping gas of 3.9 parts pe r million by volume. (2) If you elect to monitor your heat exchange system by using the monitoring method specified in paragraph (a)(3)(ii) of this section, then the leak action level is a total strippable***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 338**  **of 511**  volatile organic compounds concentration in the co oling water of 50 parts per billion by weight. (3) If you elect to monitor your heat exchange system by using the monitoring method specified in paragraph (a)(3)(iii) of this section, then the leak action level is a vinyl chloride concentration in the cool ing water of 50 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 specifi ed 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 th e leak action level. (e) If a leak is detected, you must repair the leak to reduce the measured concentration to below the applicable action***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 339**  **of 511**  level as soon as practicable, but no later than 45 days after identifying the leak, except as specified in paragrap hs (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 limi ted to: (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;

or (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 HAP service within the heat exchange system fo r which the leak was detected. If you do not detect any leaks when conducting additional monitoring for each heat exchanger or group of heat***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 340**  **of 511**  exchangers, the heat exchange system is excluded from repair requirements in paragraph ( e ) 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 39 parts per million by volume or a total strippable volatile organic compounds concentration in the cooling water of 500 parts per billion by weight or a vinyl chloride concentration in the cooling water of 500 parts per billion by weight . While you remain below the repair action level, you may delay the repair of a leaking heat exchanger only if one of the conditions in paragraphs (g)(1) or (2) of this section is met. If you exceed the repair action level you must repair according to paragraph ( e ) of this section . You must determine if a delay of repair is necessary as soon as practicable, but no later t han 45 days after first identifying the leak. (1) If the repair is technically infeasible without a shutdown and the total strippable volatile organic compounds or vinyl chloride concentration is initially and remains less than the delay of repair action l evel 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 341**  **of 511**  compounds or vinyl chloride concentratio n 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 or vinyl chloride concentration was equal to or exceeded the delay of r epair action level. (2) If the necessary equipment, parts, or personnel are not available and the total strippable volatile organic compounds or vinyl chloride concentration is initially and remains less than the delay of repair action level for all monito ring 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 or vinyl chloride 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 leak was equal to or

exce eded the total strippable volatile organic compounds or vinyl chloride 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 (4) of this section.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 342**  **of 511**  (1) The reas on(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 (h)(4)(i) and (ii) of this section. (i) Determine the total strippable volatile organic compounds or vinyl chloride concentration in the cooling water, in part s 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 Volat ile 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 referenc e, see §63.14) and the total strippable volatile organic compounds concentration measured in the stripped air.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 343**  **of 511**  (ii) Calculate the emissions for the leaking heat exchange system by multiplying the volatile organic compounds or vinyl chloride concentration i n the cooling water, ppbw, by the flow rate of the cooling water at the selected monitoring location and by the expected duration of the delay according to E quation
1 of this section. The flow rate may be based on direct measurement, pump curves, heat balance calculations or other engineering methods. ( Eq. 1)
Where:

E L
C = Emissions from leaking heat exchange system, pounds of volatile organic compounds or vinyl chloride.

VC

V = Actual measured concentration of total strippable volatile organic compounds or vinyl chloride measured in the cooling water, parts per billion by weight (ppbw).

CW
ρ = Total volumetric flow rate of co oling water, gallons per minute (gpm).

CW

D = Density of cooling water, pounds per gallon (lb/gal).
delay **§63.11925 What are my initial and continuous compliance requirements for process vents?**  = Expected duration of the repair delay, days.

Each process vent must meet the requirements of paragraphs (a) through (h) of this section. (a) Emission limits . Each process vent must meet the emission limits in Table 1 or 2 to this subpart prior to the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 344**  **of 511**  vent stream being exposed to the atmosphere. The emission limit s in Table 1 or 2 to this subpart apply at all times. The emission limits in Table 1 or 2 to this subpart must not be met through dilution. (b) Closed vent systems and control devices

(c) . Each batch process vent, continuous process vent and miscellaneous vent must be routed through a closed vent system to a control device. All gas streams routed to the closed vent system and control device must be for a process purpose and not for the purpose of diluting the process vent to meet the emission limits in Table 1 or 2 to this subpart. Each control device used to comply with paragraph (a) of this section must meet the requirements of §§63.11925 and 63.11940, and all closed vent systems must meet the requirements in §63.11930. You must not use a flare to comply with the emission limits in Table 1 or 2 to this subpart. 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 system (CPMS) to monitor each operating parameter specified in §63.11940(a) through (h) to comply with your operating limit(s) required in §63.11880(b)
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 345**  **of 511**  (1) Hydrogen chlor ide continuous emission monitoring system (CEMS). In lieu of establishing operating limits in §63.11880(b) and using CPMS to comply with the operating limits, as specified in §63.11940(a) through (h), upon promulgation of a performance specification for hy drogen chloride CEMS, new and existing sources 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. In lieu of establishing operating limits in §63.11880(b) and using CPMS to comply with the operating limits as specified in §63.11940(a) through (h), upon promulgation of a performance specification for dioxin/furan CEMS, ne w and existing sources 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) and (e) of this section. (3) Total hydrocarbon CE MS. In lieu of establishing operating limits in §63.11880(b) and using CPMS to comply with the operating limits as specified in §63.11940(a) through (h), new and existing affected sources have the option to install a total hydrocarbon CEMS to demonstrate i nitial and continuous compliance with the total hydrocarbons or total organic HAP***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 346**  **of 511**  emission limit for process vents, as specified in paragraphs (d) and (e) of this section. (d) Initial compliance

(1) You must conduct an initial inspection as specified in §63.11930(d) for each closed vent system. . To demonstrate initial compliance with the emission limits i n Table 1 or 2 to this subpart, you must comply with paragraphs (d)(1) through (5) of this section.

(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 as specified in §63.11935(b) and site

- specific monitoring plan specified in §63.11935(c), respectively. (3 ) For each CEMS and CPMS required or that you elect to use as specified in paragraph (c) of this section, you must install, operate, and maintain the CEMS and CPMS as specified in §§63.11935(b) and (c), respectively, and you must conduct an initial site

- sp ecific performance evaluation test according to your site

- specific monitoring plan and §§63.11935(b)(3) and (c)(4), respectively. (4) For each emission limit for which you use a CEMS to demonstrate compliance, you must meet the requirements specified in § 6 3.11890(c) , and you must demonstrate initial compliance***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 347**  **of 511**  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 frequency specified in §63.11935(b)(2) and calculated using the data reduc tion method specified in §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 in Table 1 or 2 for which you do not use a CEMS to demonstrate compliance, you must meet the requirements of paragraphs (d)(5)(i) and (ii) of this section. (i) You must conduct an initial performance test according to the requirements in §63.11945 to demonstrate compliance with the total hydrocarbons o r total organic HAP emission limit , vinyl chloride emission limit , hydrogen chloride emission limit , and 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 operat ing parameter level, or maximum operating parameter level specified in §63.11935(d). Y ou must meet the requirements specified in § 63.11890(c)
. Each operating limit must be based on the data averaging period for compliance specified in Table 5 to this subpa rt using data collected at the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 348**  **of 511**  minimum frequency specified in §63.11935(c)(2) and calculated using the data reduction method specified in §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 5 to this subpart. (e) Continuous compliance

(1) You must meet the requirements in §63.11930 for each closed vent system. . 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) throu gh (5) of this section.

(2) You must operate and maintain each CEMS and CPMS required in paragraph (c) of this section as specified in §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 qualit y control program and site

- specific performance evaluation test plan specified in §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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 349**  **of 511**  block averages of CEMS data collecte d at the minimum frequency specified in §63.11935(b)(2), and calculated using the data reduction method specified in §63.11935(e). Y ou must meet the requirements specified in § 63.11890(c)
. 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) You must conduct a performance test once every 5 years according to the requirements in §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 requ irements 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 §63.11935(c). (B) For each control device being mo nitored, you must continuously collect CPMS data consistent with §63.11890(c) and your site

- specific monitoring plan. You must continuously determine the average value of each monitored operating***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 350**  **of 511**  parameter based on the data collection and reduction methods specified in §§63.11935(c)(2) and 63.11935(e), and the applicable data averaging period for compliance specified in Table 5 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 5 to this subpart. (C) You must demonstrate continuous compliance with each operating limit established in paragraph (d)( 5 )(ii) of this section using these average values calc ulated in paragraph (e)(4)(ii)(B) of this section. (5) Each closed vent system 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 syste ms 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 351**  **of 511**  (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 6 to this subpart. (3) Sum the products calculated in accordance with paragraph (f)(2) of this section to obtain the total
concentrat ion of dioxins/furans emitted in terms of toxic equivalency. (g) Emission profile

( 1 ) For batch process vents, the emissions profile must: . You must characterize each process vent by developing an emissions profile for each contributing continuous process vent, miscellaneous vent and batch process vent according to paragraphs (g)( 1 ) through ( 3 ) of this section.

( i ) Describe the characteristics of the batch process vent under worst

- case conditions. ( ii ) Determine emissions per episode and batch process vent emissions according to the procedures specified in § 63.11950. ( 2 ) For continuous process vents, the flow rate and concentration must be determined according to paragraphs (g)( 2 )( i ) through ( iii ) or according to paragraph (g)( 2 )( iv ): ( i )( A ) Method 1 or 1A of 40 CFR part 60, appendix A

- 1 , as appropriate, shall be used for selection of the sampling site.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 352**  **of 511**  The sampling site shall be after the last recovery device (if any recovery devices are present) but prior to being combined with any other continuous process vent, batch process vent, or miscellaneous vent, prior to the inlet of any control device that is present and prior to release to the atmosphere. ( B ) No traverse site selection method is needed for vents smaller than 0.10 meter in diameter. ( ii ) The gas v olumetric flow rate shall be determined using Method 2, 2A, 2C or 2D of 40 CFR part 60, appendix A

- 2 , as appropriate. ( iii ) ( A ) Method 18 of 40 CFR part 60, appendix A

- 6 or Method 25A of 40 CFR part 60, appendix A

- 7 shall be used to measure concentration; alternatively, any other method or data that has been validated according to the protocol in Method 301 of appendix A of this part may be used. ( B ) Where Method 18 of 40 CFR part 60, appendix A

- 6 is used, the follow ing procedures shall be used to calculate parts per million by volume concentration: ( 1 ) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the sam ples shall be taken at approximately equal intervals in time, such as 15

- minute intervals during the run.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 353**  **of 511**  ( 2 ) The concentration of either total organic compounds ( TOC ) (minus methane and ethane) or organic HAP shall be calculated according to paragraph ( g )( 2 )(ii i )( B ) ( 2 )( i ) or ( g )( 2 )(ii i )(B) ( 2 )( ii ( i ) The TOC concentration (C ) of this section as applicable.

TOC

(Eq. 1) ) is the sum of the concentrations of the individual components and shall be computed for each run using E quation 1 of this section:

where:
C TOC

C =Concentration of TOC (minus methane and ethane), dry basis, parts per million by volume.

ji

n=Number of components in the sample. =Concentration of sample component j of the sample i, dry basis, parts per million by volume.

x=Number of samples in the sample run. ( ii ) The total organic HAP concentration (C HAP ) shall be computed according to E quation 1 of this section except that only the organic HAP species shall be summed. The list of organic HAP is provided in T able 2 to subpart F of this part.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 354**  **of 511**  ( C ) Where Method 25A of 40 CFR part 60, appendix A

- 7 is used, the following procedures shall be used to calculate parts per million by volume TOC concentration: ( 1 ) Method 25A of 40 CFR part 60, appendix A

- 7 , shall be used only if a single organic HAP compound is greater than 50 percent of total organic HAP, by volume, in the vent stream. ( 2 ) The vent stream composition may be determined by either process knowledge, test data collected using an appropriate EPA method, or a method or data validated according to the protocol in Method 301 of appendix A of this part. Examples of information that could constitute process knowledge include calculations based on material balances, process stoichiometry, or previous test results provided the results are still relevant to the current vent stream conditions. ( 3 ) The organic HAP used as the calibration gas for Method 25A of 40 CFR part 60, appendix A

- 7 shall be the single organic HAP compound present at greater than 50 percent of the total organic HAP by volume. ( 4 ) The sp an value for Method 25A of 40 CFR part 60, appendix A

- 7 shall be 50 parts per million by volume. ( 5 ) Use of Method 25A of 40 CFR part 60, appendix A

- 7 is acceptable if the response from the high

- level calibration gas is at least 20 times the standard devia tion of the response from***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 355**  **of 511**  the zero calibration gas when the instrument is zeroed on the most sensitive scale. ( iv ) Engineering assessment including, but not limited to, the following: ( A ) Previous test results provided the tests are representative of curre nt operating practices at the process unit. ( B ) Bench

- scale or pilot

- scale test data representative of the process under representative operating conditions. ( C ) Maximum flow rate, TOC emission rate, organic HAP emission rate, or net heating value limit sp ecified or implied within a permit limit applicable to the process vent. ( D ) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods includ e, but are not limited to: ( 1 ) Use of material balances based on process stoichiometry to estimate maximum organic HAP concentrations, ( 2 ) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities, ( 3 ) Estimation of TOC or organic HAP concentrations based on saturation conditions,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 356**  **of 511**  ( 4 ) Estimation of maximum expected net heating value based on the vent stream concentration of each organic compound or, alternatively, as if all TOC in the vent stream were the compound with the highest heating value. ( E ) All data, assumptions, and procedures used in the engineering assessment shall be documented. ( 3 ) For miscellaneous process vents the emissions profile must be determined according to paragraph (g)( 2 )( iv ) of this section
. (h) Process changes

**§63.11930 What requirements must I meet for closed vent systems?** . Except for temporary shutdowns for maintenance activities, if you make a process change such that, as a result of that change, you are subject to a different process vent limit in Table 1 or 2 to this subpart, then you must meet the requirements of § 63.11896.

(a) General . To route emissions from process vents subject to the emission limits in Table 1 or 2 to this subpart to a control device, you must use a closed vent s ystem 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 §63.12005, you must meet the requirements in paragraph (h) of this s ection and are***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 357**  **of 511**  not required to meet the requirements in paragraphs (a) through (g) of this section. (b) Collection of emissions

(c) Bypass . For each closed vent system that contains a bypass as defined in §63.12005 ( e.g. , diverting a vent stream away from 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 invalida tes 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. . Each closed vent system must be designed and operated to collect the HAP vapors from each continuous process vent, miscellaneou s process vent and batch process vent, and to route the collected vapors to a control device.

(1) Bypass flow indicator. Install, maint ain, 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 358**  **of 511**  (ii) The flow indicator must be equipped with an alarm system that will al ert 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 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 s ubmit to the Administrator as part of your compliance report, the information specified in §63.11985( b )( 9 ) and (10) . This report is required even if you elect to follow the procedures specified in §63.11895 to establish an affirmative defense and submit th e reports specified in §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 ev ery month to verify that the valve is maintained in the non

- diverting position, and the vent stream is not***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 359**  **of 511**  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 as part of your compliance report, the information specified in §63.11985( b )( 9 ) and (10) . This report is required even if you elect to follow the procedures specified in §63.118 95 to establish an affirmative defense and submit the reports specified in §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 cl osed vent system as specified in paragraph (d)(1) or (2) of this section.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 360**  **of 511**  (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 d uctwork, 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

(1) General. Inspections must be performed during periods when HAP is being collected by or vented through the closed vent . Except as provided in paragraph (e)(4) of this section, you must comply with all provisions of paragraphs (e)(1) through (3) of this section.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 361**  **of 511**  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 para graphs (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 no t 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 in ert

- free basis. You may determine the response factor at any concentration for which you will monitor for leaks.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 362**  **of 511**  (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 spec ified 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) T he 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) Ze ro 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 instr ument's design allows for multiple calibration scales, then the lower scale must be***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 363**  **of 511**  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 mon itoring 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 t o 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 calibra tion 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 d efinition 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 val ue, 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 364**  **of 511**  specified in paragraph (e)(2)(v)(D)( 2 ) of this section may be

re - mon itored. ( 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 backgrou nd, all such 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 365**  **of 511**  (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

(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. . The provisions of this paragraph (f) apply to closed vent systems collecting HAP from an affected source.

(i) You must eliminate the leak. (ii) You mus t 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 366**  **of 511**  (2) Leak repair schedule. Leaks must be repaired as soon as practical, except as provided i n 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 d etected 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 i s technically infeasible or unsafe without a closed vent system shutdown, as defined in §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

(1) Bypass records. For each closed vent system that contains a bypass that could divert a vent stream away from the . For closed vent systems, you must record the information specified in paragraphs (g)(1) through (5) of thi s section, as applicable.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 367**  **of 511**  control device and to the atmosphere, or cause air intrusion into the control device, you must keep a record of t he 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 p osition 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 368**  **of 511**  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 att empt 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 del ay 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 §63.11985(b)(9), if records are not maintained on a computerized database capable of generating summary reports from the records.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 369**  **of 511**  (4) Instrument calibration records. Y ou 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) o f 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.

(vi) If you make your own calibration gas, a description of the procedure used. , instrument reading for calibration at end of the monitoring day and the calculated percent difference from the initial calibration value).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 370**  **of 511**  (5) Unsa fe

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- inspect records. If you designate equipment as unsafe

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- 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

- in spect 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
. (h) Closed vent systems in vacuum service . If you operate and maintain a closed vent system in vacuum service as defined in §63.12005, you must comply with the requirements in paragraphs (h)(1) through (3) of this section, and you are not required to com ply 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 371**  **of 511**  (1) In vacuum service alarm. You must install, maintain, and operate a pres sure 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 §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 §63.12005, or you must immediately comply with the requiremen ts 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 servic e, you must submit to the Administrator as part of your compliance report, the information specified in §63.11985( b )( 10 ). This report is required even if you elect to follow the procedures specified in §63.11895 to***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 372**  **of 511**  establish an affirmative defense and subm it the reports specified in §63.11985(c)(4). **§63.11935 What CEMS and CPMS requirements must I meet to demonstrate initial and continuous compliance with the emission**  **standards for process vents?** (a) General requirements for CEMS and CPMS

(b) . You must meet the requirements in paragraph (b) of this section for each CEMS specified in §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 s ection and establish your operating limits in paragraph (d) of this section for each operating parameter specified in Table 5 to this subpart for each process vent control device specified in §63.11925(b) 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 §63.11940(a) are not subject to the requirements of this section.
CEMS

(1) You must prepare your quality control program and site

specific performance evaluation test plan, as specified in §63.8(d) and (e). You must submit your performance evaluation . You must install, operate, and maintain each CEMS according to paragraphs (b)(1) through (7 ) of this section and continuously monitor emissions.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 373**  **of 511**  test plan to the Admin istrator for approval, as specified in §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 evaluation s and any required tests of each CEMS according to your quality control program and site

- specific performance evaluation test plan prepared as specified in §63.8(d) and (e). (4) If supplemental gases are added to the control device, you must correct the measured concentrations in accordance with §63.11945(d)(3). (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 minut es. (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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 374**  **of 511**  (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

mu st notify the Administrator as specified in paragraphs (b)(7)(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 befor e 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

(1) As part of your quality control program and site

specific performance evaluation test plan prepared as specified in §63.8(d) and (e), you must prepare a site

- specific moni toring 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 . You must install, maintain, and operate each CPMS as specified in paragraphs ( c)(1) through (6) of this section and continuously monitor operating parameters.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 375**  **of 511**  section and §63.8(d). You are not required to submit the plan for approva l 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.

(iii) Equipment performance checks, calibrations, or other audit procedures. , thermocouple) location such that t he monitoring system will provide representative
measurements.

(iv) Ongoing operation and maintenance procedures in accordance with provisions in §63.8(c)(1) and (3). (v) Ongoing reporting and recordkeeping procedures in accordance with provisions in §63.10(c), (e)(1) and (e)(2)(i). (2) The monitoring equipment must be capable of providing a continuous record, recording data at least once every 15 minutes.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 376**  **of 511**  (3) You must install, ope rate, and maintain each CPMS 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 monitorin g plan. (5) All CPMS must meet the specific parameter ( e.g.

(6) Monitoring equipment for temperature, pressure, volumetric flow rate, mass flow ra te 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 h ave a resolution that is equal to or better than one

- half of the required system
accuracy. , minimum accuracy and calibration frequency) requirements specified in §63.11940 and Table 7 to this subpart.

(d) Establish operating limit . For each operating parameter that must be monitored in §63.11925(c) for process vent control devices, you must establish an operating limit as specified in paragraphs (d)(1) through (4) of this section. You must establish each operating limit as an opera ting parameter range, minimum operating parameter level, or maximum operating***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 377**  **of 511**  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.

(1) For process vent control devices, the operating limit estab lished for each monitored parameter specified in §63.11940 must be based on the operating parameter values recorded during any performance test conducted to demonstrate compliance as required by §63.11925(d)(4) and (e)(4) and may be supplemented by enginee ring 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 devic e is meeting the emission limits specified in Table 1 or 2 to this subpart. , operating range or minimum operat ing level), you must determine which format is best to establish proper operation of the control device such that you are meeting the emission limits specified in Table 1 or 2 to this subpart.

(2) You must include as part of the notification of compliance status or the operating permit application or amendment, the information in paragraphs (d)(2)(i) through (iv) of this section, as applicable, for each process vent control device requiring operating limits.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 378**  **of 511**  (i) Descriptions of monitoring devices, monitoring frequencies and operating scenarios. (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. (iv) The rationale used to determine which format to use for your operating limit ( e.g.

(3) For batch processes, you may establish operating limits for individual batch e mission 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 §63.11985(c)(2) instea d 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 d uring the specific batch emission episode. , operating range, minimum operating level or maximum operating level), where this subpart does not specify which format to use.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 379**  **of 511**  (4) If you elect to establish separate operating limits for different batch emission episodes within a batch process as specified in paragraph (d)(3) of this section, you must maintain daily records indicating eac h 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 §63.11990(e)(4)(i). (e) Reduction of CPMS and CEMS data

**§63 .11940 What continuous monitoring requirements must I meet**  **for control devices required to install CPMS to meet the emission limits for process vents?**  . You must reduce CEMS and CPMS data to 1

- hour averages according to §63.8(g) to compute the average values for demonstrating compliance specified in §§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.

As required in §63.11925(c), you must install and operate the applicable CPMS specified in paragraphs (a) through (g) 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 ( h )***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 380**  **of 511**  of this section provides an option to propose alternative monitoring parameters or procedures. (a) Flow indicator

(b) . If flow to a control device could be intermittent, you must install, calibrate, and operate a flow indicator at the inlet or outlet of t he control device to identify periods of no flow. Thermal oxidizer monitoring

(1) If a thermal oxidizer other than a catalytic thermal oxidizer 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. . If you are using a thermal oxidizer to meet an emission limit in Table 1 or 2 to this subpart and you are required to use CPMS as specified in §63.11925(c), you must equip t he thermal oxidizer with the monitoring equipment specified in paragraphs (b)(1) through (3) of this section, as applicable.

(2) Except as provided in paragraph (b)(3) of this section, where a catalytic thermal oxidizer is used, you must install temperatu re monitoring devices in the gas stream immediately before and after the catalyst bed. You must monitor the temperature differential across the catalyst bed.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 381**  **of 511**  (3) Instead of complying with paragraph (b)(2) of this section, and if the temperature differentia l between the inlet and outlet of the catalytic thermal oxidizer 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 paragrap hs (b)(3)(i) and (ii) of this section. (i) You must conduct annual sampling and analysis of the catalyst activity ( i.e.

(i i) 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 o f 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, , conversion efficiency) following the manufacturer's or catalyst supplier's recommended procedures. If problems are found during the cat alyst 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 382**  **of 511**  whichever is later. If the c atalyst 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 §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

(1) Install and operate the monitoring equipment as
sp ecified in either paragraph (c)(1)(i) or (ii) of this section. . If you are using an absorber or acid gas scrubber to meet an emission l imit in Table 1 or 2 to this subpart and you are required to use CPMS as specified in §63.11925(c), you must install the monitoring equipment specified in paragraphs (c)(1) through (3) 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 u sing 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 me asure***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 383**  **of 511**  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 th rough 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 384**  **of 511**  specific gravity units, you may install and operate a spe cific gravity monitoring device on the inlet and outlet of the scrubber. (3) If the scrubbing liquid is a reactant ( e.g.

(i) A pH monitoring device to monitor the pH of the scrubber liquid effluent. , 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.

(ii) A caustic strength monitoring device to monitor the caustic strength of the scrubber liquid effluent. (iii) A conductivity monitoring device to monitor the conducti vity 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 §63.11925(c), you must install a nd 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 wastewater as defined in § 63.12005, the n it is subject to the requirements of § 63.11965
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 385**  **of 511**  (1) For non

- vacuum regeneration systems, an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent, capable of recording the total regeneration stream mass for each regener ation 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 a dsorber 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 386**  **of 511**  of time a t which the vacuum must be below the minimum target during regeneration. (5) A device capable of monitoring the regeneration frequency ( i.e.

(6) You must perform a verification of the adsorber during

e ach day of operation. The verification must be through visual observation or through an automated alarm or shutdown system that monitors and records system operational parameters. The verification must verify that the adsorber is operating with proper valv e sequencing and cycle time. , operating time since last regeneration) and duration.

(7) You must conduct weekly measurements of the carbon bed outlet volatile organic compounds concentration 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.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 387**  **of 511**  (e) Non

- regenerative adsorber monitoring

(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 Meth od 21 at 40 CFR part 60,

a ppendix 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, a ppendix 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. . If you are using

a non - regenerative adsorber, or c anister 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 §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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 388**  **of 511**  (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 monito ring 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 i f 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 replace d 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 389**  **of 511**  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 immed iately, 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 al lowed level (90 percent of breakthrough definition). (f) Condenser monitoring

(g) . 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 §63.11925(c), you must install and operat e a condenser exit gas temperature monitoring device. 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 specif ied in §63.11925(c), you must***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 390**  **of 511**  comply with the requirements as specified in paragraphs (g)(1) and (2) of this section. (1) Submit a description of the planned monitoring, recordkeeping , and reporting procedures. The Administrator will approve, deny or modif y 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 a pproved by the Administrator. To establish the operating limit, the information required in §63.11935(d) must be submitted in the notification of compliance status report specified in §63.11985(a). (h) Alternatives to monitoring requirements (1) You may r equest approval to use alternatives to the continuous operating parameter monitoring listed in this section, as specified in §§63.11985(c)( 4 ) and 63.8. .

(2) You may request approval to monitor a different parameter than those established in §63.11935(d) or to set unique monitoring parameters, as specified in §§63.11985(c)( 5 ) and 63.8. Until permission to use an alternative monitoring parameter has been granted by the Administrator, you remain subject to the requirements of this subpart.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 391**  **of 511**  **§63.11945 What perfor mance testing requirements must I meet for**  **process vents?** (a) General

(b) . For each control device used to meet the emission limits for process vents in Table 1 or 2 to this subpart, you must conduct the initial and periodic performance tests required in §63.1 1925(d) and (e) and as specified in §63.11896 using the applicable test methods and procedures specified in Table 8 to this subpart and paragraphs (b) through (d) of this section. Process operating conditions

(1) . You must conduct performance tests under t he 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. In all cases, a site

- specific plan must be submitted to the Administrator for approval prior to testing in accordance with §63.7(c). The test plan must include the emission profiles described in § 63.11925(g). 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 conduct subsequent performance tests within the range of operating limit(s) that were established for the cont rol***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 392**  **of 511**  device during the initial or subsequent performance tests specified in §63.11925(d) and (e). If an operating limit is a range, then you must conduct subsequent performance tests within the range of maximum or minimum operating limits for the control de vice, which result in highest emissions ( i.e.

(2) , lowest emission reduction). Batch process operations

(3) . Testing must be conducted at absolute worst

- case conditions or hypothetical worst

- case conditions as specified in paragraph (c) of this section.
Co mbination 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 close as possible to your operating limit(s) for the control device established during the initial or subsequent performance tests specified in §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),***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 393**  **of 511**  unless the Administrator specifies or approves alternate operating conditions. (c) Batch worst

- case conditions

(1) . 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. 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 § 63.11925(g) must be used to identify the 1

- hour period of maximum HAP loading. . 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 c hallenging 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 de fining absolute worst

- case conditions.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 394**  **of 511**  (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 § 63.11925(g). (B) Periods when the streams contain HAP constituents that approach limits of solubility for s crubbing media. (C) Periods when the streams contain HAP constituents that approach limits of adsorptivity for adsorption systems. (2) Hypothetical worst

- case conditions

(3) . For batch process operations, hypothetical worst

- case conditions are simulated
test c onditions that, at a minimum, contain the highest hourly HAP load of emissions that would be predicted to be vented to the control device based on the emissions profiles described in paragraphs (c)(3)(ii) or (iii) of this section. 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 395**  **of 511**  procedures described in paragraphs (c)(3)(i) through (iii) of this section. (i) Emission profile by process

(ii) . 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 i n any given hour. Emissions per episode must be calculated using the procedures specified in §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. 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 emis sion 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 396**  **of 511**  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 emis sions, in pounds per hour that can be routed to the control device, based on maximum flow rate and concentrations possible because of limitations on conveyance and control equipment ( e.g.

(d) , fans and lower explosive level alarms). Concentration correctio n calculation

(1) Determine the concentration of total hydrocarbons, total organic HAP, vinyl chloride, or hydrogen chloride corrected to 3

- percent oxygen (Cc) using Equation 1 of this section. . If a combustion device is the control device and supplemental combustion air is used to combust the emissions, the concentration of total hydrocarbons, total organic HAP, vinyl chloride, and hydrogen chloride must be corrected as specified i n 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 specifi ed in paragraph (d)(3) of this section.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 39**  **7 of**  **511** 

###  ** **  ** **  ** **  ****

**− =**  d m c 

### O C C 2 

### 9 20 9 17 %
. . (Eq. 1) Wher e:

C c = Concentration of total hydrocarbons, total organic HAP, vinyl chloride, or hydrogen chloride corrected to 3

- percent oxygen, dry basis, parts per million by volume. C m = Concentration of total hydrocarbons, total organic HAP, vinyl chloride, or hyd rogen chloride, dry basis, parts per million by volume. %O 2d = 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 an alysis 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 §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. 

##  ** **  ** **  ** **  ** +**  **=** a a s m a 

## Q Q Q C C (Eq. 2)

Where:***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 398**  **of 511** 
Ca = Corrected outlet concentra tion of HAP, dry basis, parts per million by volume (ppmv). Cm = Actual concentration of HAP measured at control device outlet, dry basis, ppmv. Qa = Total volumetric flow rate of all gas streams vented to the control device, except supplemental gases. Qs = total volumetric flow rate of supplemental gases.
**§63.11950 What emissions calculations must I use for an emission profile?**  When developing your emission profiles for batch process vents as required in § 63.11925(g), except as specified in paragraph (i) of this section, 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 i n paragraphs (a) through (h) of this section. (a) Vapor displacement . You must calculate emissions from vapor displacement due to transfer of material using Equation 1 of this section. 

# ( **)** 

# ∑

**= **  ** **  ** **  ****

**=** n
i i MW i P RT V E 1 (Eq. 1 ) Where:***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 399**  **of 511** 
E = Mass of HAP emitted. V = Vol ume of gas displaced from the vessel. R = Ideal gas law constant. T = Temperature of the vessel vapor space; absolute. Pi = Partial pressure of the individual HAP. MWi = Molecular weight of the individual HAP.
n = Number of HAP compounds in the emission st ream. 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 2 of this section. The pressure of the vessel vapor space may be set equal to 760 milli meters of mercury (mmHg). You must multiply the HAP partial pressure in Equation 2 of this section by a HAP

- specific saturation factor determined in accordance with Equations 3 through 5 of this section. Solve Equation 3 of this section iteratively beginni ng 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 f or multi

- component emission streams, saturation factors must be calculated for all condensable compounds, not just the HAP.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 400**  **of 511** 



##  ** **  ** ** 
** ** 
** **  ** **  ****
** ** 

**− **  ** **  ** **  ****

**=** 

# ∑

**∑**

**= =**  m j j T T n

i i i 

## P P P RT Vt MW P E

1 1 

## ) ( (Eq. 2 ) 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. Pi = Partial pressure of the individual HAP at saturated conditions. Pj = Partial pressure of individual condensable compounds (inclu ding HAP) at saturated conditions. PT = Pressure of the vessel vapor space. MWi = 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. 

# ∑

**=** 

## + **+ =**  n

i sat i i i i i 

## V S V A K A K S

1 (Eq. 3 )***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 401**  **of 511**  

##  ** **  ** **  ****

**− =**  

# ∑

**=** n

i i T i sat i 

## P P VP V

1 (Eq. 4 )

3 / 1 

##  ** **  ** **  ** **  ****

**=** i o o i 

## M M K K (Eq. 5 )

Where:
Si = Saturation factor for individual condensable compounds. Pi = Partial pressure of individual condensable compounds at saturated conditions. PT = Pressure of the vessel vapor space. A = Surface area of liquid. V = Purge flow rate of the noncondensable gas. Visat = Volumetric flow rate of individual co ndensable compounds at saturated vapor pressure. Ki = Mass transfer coefficient of individual condensable compounds in the emission stream. Ko = Mass transfer coefficient of reference compound ( e.g. Mo = Molecular weight of refere nce compound ( , 0.83 cm/s for water). e.g.
Mi = Molecular weight of individual condensable compounds in the emission stream. , 18.02 for water).

n = Number of condensable compounds in the emission stream.
(c) Heating . You must calculate emissions caused by the heating of a ves sel to a temperature lower than the boiling***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 402**  **of 511**  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 6 of this section. The average gas space molar volume durin g the heating process is calculated using Equation 7 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 8 of this section. 

# ( **) (**  **) (**  **) **  ** **  ** **  ****
** **  ** **  ** ** 

**− −**  ** **  ** **  ** ** 
** **  ** **  ** ** 

**− −** 

**=** 

# ∑ **∑**

**= =**  1 , 2 ,
1 2 , 1 1 , 

## ln i i n

i i T n

i i T
avg HAP 

## n n P P P P N MW E

(Eq. 6 ) Where:

E = Mass of HAP vapor displaced from the vessel being heated. Navg = Average gas space molar volume during the heating process. PT = Total pressure in the vessel. Pi,1 = Partial pressure of the individual HAP compounds at initial te mperature (T1).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 403**  **of 511**  Pi,2 = Partial pressure of the individual HAP compounds at final temperature (T2). MWHAP = Average molecular weight of the HAP compounds calculated using Equation 13 of this section. ni,1 = Number of moles of condensable in the vessel he adspace at initial temperature (T1). ni,2 = Number of moles of condensable in the vessel headspace at final temperature (T2).
n = Number of HAP compounds in the emission stream. ln = Natural logarithm. 

###  ** **  ** **  ** **  ** +**  **=** 2 1 1 1 2 T T R T VP avg N (Eq. 7 )

Where:
Navg = Averag e gas space molar volume during the heating process. V = Volume of free space in vessel. PT = Total pressure in the vessel. R = Ideal gas law constant. T1 = Initial temperature of the vessel. T2 = Final temperature of the vessel. 

# ( **) ∑**  **∑**

**=**

**=** 

# − **= −**  n

i i n

i i i i 

# P RT

V P RT

V n n 1 1 , 1 1 2 , 2 1 , 2 , (Eq. 8 )

Where:

V = Volume of free space in vessel. R = Ideal gas law constant. T1 = Initial temperature in the vessel.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 404**  **of 511**  T2 = Final temperature in the vessel. Pi,1 = Partial pressure of the individual HAP compounds at T1. Pi,2 = Partial pressure of the individual HAP compounds at T2.
n = Number of HAP compounds in the emission stream. (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 pro cedure in paragraphs (c)(2)(i) and (ii) of this section. (i) To calculate the emissions from heating to the boiling point use Equations 9 , 10 and 11 of this section. (Note that Pa2 = 0 in the calculation of Δη in Equation 10 of this section.) 

# ( **) ∑**  **∑**

**=**

**=**



# − **× ∆**  **=** m j j T HAP n

i i 

# P P MW P E

1 1 

# η

(Eq. 9 ) Where:

E = Mass of HAP emitted. Δη = The number of moles of noncondensable displaced from the vessel, as calculated using Equation 10 of this section. PT = Pressure in the receiver. Pi = Partial pressure of the individual HAP determined at the exit temperature of the condenser or at the conditions of the dedicated receiver.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 405**  **of 511**  Pj = Partial pressure of the individual condensable (including HAP) determined at the exit temperature of the con denser 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. MWHAP = The average molecular weight of HAP in vapor exiting the dedi cated receiver, as calculated using Equation 11 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.


##  ** **  ** **  ** **  ** **  ** **  ** **  ** **  ****

**− **  ** **  ** **  ** **  ****

**= ∆**  2 2 1 1 T Pa T Pa R V **η** (Eq. 10 ) 

# ( **) (**  **)** 

# ( **) (**  **) (**  **)** 

# ( **) ∑**  **∑**

**=**

**=** 

# + **+**
**=** n

i n

i T i T i i T i T i HAP 

# P P MW P P MW 1 1 2 1 2 1 (Eq. 11 )

Where:
Δη = Number of moles of noncondensable gas displaced from the vessel. V = Volume of free space in the vessel. R = Ideal gas law constant. T1 = Initial temperature of vessel contents, absolute. T2 = Final temperature of vessel contents, absolute.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 406**  **of 511** 
Pan = Partial pressure of noncondensable gas in the vessel headspace at initial (n=1) and final (n=2) temperature. MWHAP = The average molecular w eight of HAP in vapor exiting the dedicated receiver. (Pi)Tn = Partial pressure of each HAP in the vessel headspace at initial (T1) and final (T2) temperature of the receiver. MWi = 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 §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 boil ing or bubble point of the HAP 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 conde nser is followed by a condenser acting as a control device or if the control device is monitored using a CEMS.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 407**  **of 511**  (d) Depressurization . You must calculate emissions from depressurization using Equation 12 of this section. 

# ∑ **∑ ∑** 

**= ×**  ** **  ** **  ** **  ****

** ** 

** **  ** **  ** **  ****

** ** 

**= −**  **= −** 
**× =**  n
i i MW i P m j j P P m j j P P

RT V E 1 1 2 1 1 ) ( ) ( ) ( ) ( ln (Eq. 12 )

Wher e:

E = Emissions. V = Free volume in vessel being depressurized. R = Ideal gas law constant. T = Temperature of the vessel, absolute. P 1 = Initial pressure in the vessel.
P 2 = Final pressure in the vessel.
P j = Partial pressure of the individual condensable compounds (including HAP). MW i = 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 13 of this section if the air leakage rate is known or can be approximated. The receiving***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 408**  **of 511** 

vess el is part of the vacuum system for purposes of this subpart.



##  ** **  ** ** 
** ** 
** **  ** **  ****
** ** 

**− =**  

# ∑ **∑**

**=**

**=** m j j T n

i i i

nc 

## P P MW P MW t La E

1 1 

## ) ( ) ( ) ( (Eq. 13 )

Where:

E = Mass of HAP emitted. P T = Absolute pressure of receiving vessel or ejector outlet conditions, if there is no receiver. P i = Partial pressure of the HA P at the receiver temperature or the ejector outlet conditions. P j = 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 nc = Molecular weight of noncondensable gas. t = Time of vacuum operation. MW i = 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

(g) . You must calculate emissions from gas evolution using Equation 13 in paragraph (e) of this section with mass flow rate of gas evolution, Wg, substituted for La. Air drying . You must calculate emissions from air drying using Equation 14 of this section:***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 409**  **of 511**  

###  ** **  ** **  ** **  ****

**− −** 

**− ×**  **=** 2 100 2 1 100 1 PS PS PS PS B E (Eq. 14 )

Where:

E = Mass of HAP emitted. B = Mass of dry solids. PS 1 = HAP in material entering dryer, weight percent. PS 2 = HAP in material exiting dryer, weight percent.
(h) Empty vessel purging . You must calculate emissions from empty vessel purging using Equation 15 of this section (Note: The term e

- Ft/v can be assumed to be 0):

** **  ** **  ** **  ** **  ** ** 

**−**

**− **  ** **  ** **  ** **  ****

**= ×**  **=** 

# ∑ ) / ( ) ( ) ( v Ft e n
i i MW i P RT V E 1 1 (Eq. 15 ) Where:

V = Volume of empty vessel. R = Ideal gas law constant. T = Temperature of th e vessel vapor space; absolute. P i = Partial pressure of the individual HAP at the beginning of the purge. MW i = 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 410**  **of 511**  (i) Engineering assessments

(1) Previous test results provided the tests are representative of current operating practices at the process unit. . You must conduct an engineering assessment to calculate HAP emissions or emission episodes from each process vent that are not due to vapor displacement, partially filled vessel purgi ng, 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,
assump tions 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 should include, but is not limited to, the items listed in paragraphs (i)(1) through (4) of this section.

(2) Bench

- scale or pilot

- scale test data representative of the process under repres entative 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 411**  **of 511**  (4) Design analysis based on accepted chemical engineering princi ples, measurable process parameters, or physical or chemical laws or properties. 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 conce ntrations. (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. **§63.11955 What are my initial and continuous compliance requirement**  **s for other emission sources?** (a) Before opening any process component (including pre

polymerization reactors used in the manufacture of bulk resins) for any reason, the quantity of vinyl chloride must be reduced to an amount that occupies a volume of no more than 2.0 percent of the component's or equipment’s containment volume, or 25 gallons, whichever is larger, at standard temperature and
pressure. (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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 412**  **of 511**  (c) Any gas or vapor HAP removed from a process component in accordance with paragraphs (a) and (b) of this section must be vented to a closed vent system and con trol device meeting the requirements of § § 63.11925 through 63.11950. (d) Each gasholder in vinyl chloride service must meet the requirements of paragraphs (d)(1) through (3) of this section. (1) Each gasholder must be vented to a closed vent system and con trol device meeting the requirements of §§63.11925 through 63.11950. (2) Each gasholder must operate with one or more of the following installed on the water seal to reduce emissions: (i) Floating balls; (ii) Hollow floating disks; (iii) Oil layer; and/or (iv) Floating mats. (3) Each gasholder must have established operating procedures that include provisions for ensuring that the requirements of paragraph ( d ) (2) of this section are met at all times except during periods of maintenance or repair. The standa rd operating procedures must be developed and implemented and made available to the Administrator upon request. **§63.11956 What are my compliance requirements for ambient monitoring?** ***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 413**  **of 511**  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 ana lyzes 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 chl oride 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 Administrato r, 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 f requency 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 414**  **of 511**  (b) It contains a definition of leak which is acc eptable 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 monito red 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 must 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 must be done with either: (1) A cali bration gas mixture prepared from the gases specified in sections 7.2.1 and 7.2.2 of Method 106 at 40 CFR part 61, appendix B, and in accordance with section 10.1 of Method 106, or***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 415**  **of 511**  (2) A calibration gas cylinder standard containing the appropriate concentr ation of vinyl chloride. The gas composition of the calibration gas cylinder standard must 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 grea ter than ±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 g as 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 M ethod 106 for certification of cylinder standards and for establishment and verification of calibration standards are to be followed. **§63.11960 What are my initial and continuous compliance requirements for stripped resin?**  (a) Emission limits . You must mee t the applicable vinyl chloride and total non

- vinyl chloride organic HAP emission limits for stripped resin specified in Table 1 or 2 to this subpart.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 416**  **of 511**  (b) Determination of total non

- vinyl chloride organic HAP

( 1 ) For the purposes of demonstrating initial and continuous compliance as required in paragraphs (c) and (d) of this section, you must meet the requirements specified in paragraphs (b)( 1 )( i ) and (b)( 1 )( ii ) of this section. . You must develop a facility

- specific list of HAP that are expected to be present in each grade of resin produced by your PVCPU. This list must be continuously updated and must be available for inspection by the Administrator. This list must include the identification of each grade of resin produced, each HAP expected to be present in that grade of resin, and the CAS number for each HAP.

( i ) You must analyze each resin sample for all Table 10 HAP using the test methods specified in paragraph (e) of this section. ( ii ) You must also analyze each resin sample for any HAP that are not a Table 10 HAP but are expected to be present in that resin sample based on your facility

- specific list of HAP using the appropriate test method specified in paragraph (e) of this section. (c) Demonstration of initial compliance . You must demonstrate initial compliance for each resin stripper or for***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 417**  **of 511**  each group of resin strippers used to process the same resin type. (1) You must conduct an initial performance test for the resin stripper, measuring the concentration of vinyl chloride and total non

- vinyl chlorid e organic HAP in the stripped resin at the outlet of each resin stripper as specified in paragraphs (c)(1)(i) through (iv) of this section. (i) Use the test method(s) and procedures specified in paragraph (e) of this section. (ii) Collect samples when the PVCPU is producing the resin grade of which you manufacture the most, based on the total mass per resin grade of a given resin type produced in the 12 months preceding the sampling event. (iii) For continuous processes, during a 24

- hour sampling period, for each resin grade produced, collect 1 grab sample at intervals of 8 hours or per grade of PVC produced, whichever is more frequent. Each sample must be taken as the resin flows out of the stripper. (iv) For batch processes, during a 24

- hour sampling per iod, for each batch of each resin grade produced, collect 1 grab sample for each batch. Each sample must be taken immediately following the completion of the stripping operation.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 418**  **of 511**  (2) Demonstrate initial compliance with the vinyl chloride and total non

- viny l chloride organic HAP emission limits in Table 1 or 2 to this subpart as specified in paragraphs (c)(2)(i) and (ii) of this section. (i) Calculate the 24

- hour arithmetic average vinyl chloride and total non

- vinyl chloride organic HAP concentrations for ea ch stripper for each resin grade produced during the 24

- hour sampling period, using the vinyl chloride and non vinyl

- chloride HAP concentrations measured for the grab samples collected as specified in paragraph (c)(1)(iii) and (iv) of this section and usin g the calculation procedure specified in paragraph (f) of this section to determine the total non

- vinyl chloride organic HAP concentration of each sample. (ii) Demonstrate compliance with the vinyl chloride and total non

- vinyl chloride organic HAP emission limits in Table 1 or 2 to this subpart based on the 24

- hour arithmetic average concentrations calculated in either paragraph (c)(2)(ii)(A) or (B) of this section. (A) If more than one resin grade was produced during the
24

- hour sampling period, use E quati on 1 of this section to calculate the 24

- hour grade weighted arithmetic average vinyl chloride and total non

- vinyl chloride organic HAP concentrations for each stripper, or for each group of strippers used to***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 419**  **of 511**  process the same type of resin, using the 24

- ho ur average vinyl chloride and total non

- vinyl chloride organic HAP concentrations calculated in paragraph (c)(2)(i) of this section and the mass of each resin grade produced during the 24

- hour sampling period.


### (Eq.1)

Where:

A T

P = 24

- hour average concentration of resin type T, parts per million by weight (dry basis).

Gi C = Production of resin grade Gi, pounds.

Gi

Q = 24

- hour average concentration of vinyl chloride or total non

- vinyl c hloride organic HAP in resin grade Gi, ppmw.

T (B) If only one resin grade was produced during the 24

- hour sampling event, use the 24

- hour arithmetic average vinyl chloride and total non

- vinyl chloride organic HAP concentrations for the one resin grade calculated as specified in paragraph (c)(2)(i) of this section for each stripper or calculate the 24

- hour arithmetic average vinyl chloride and total non

- vinyl chloride organic HAP concentrations for all strippers used to process the one grade of resin. = Total production of resin type T over the 24

- hour sampling period, pounds.

(d) Demonstration of continuous compliance . You must demonstrate continuous compliance for each resin stripper or for***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 420**  **of 511**  each group of resin strippers used to process the same resin type. (1) On a daily basis, you must measure the concentration of vinyl chloride in stripped resin using the test method(s) and procedures specified in paragraph (e) of this section, and the procedures specified in paragraphs (c)(1)(iii) and (iv) of this

s ection. (2) On a monthly basis, you must measure the concentration of total non

- vinyl chloride organic HAP in stripped resin using the test method(s) and procedures specified in paragraph (e) of this section, and the procedures specified in paragraphs (c)( 1)(iii) and (iv) of this section. (3) You must demonstrate continuous compliance with the vinyl chloride and total non

- vinyl chloride organic HAP emission limit for stripped resin in Table 1 or 2 to this subpart as specified in paragraphs (c)(2)(i) and (i i) of this section. (e) Test methods and procedures for determining concentration of vinyl chloride and total non

- vinyl chloride organic HAP . You must determine the concentration of vinyl chloride and total non

- vinyl chloride organic HAP using the test
met hods and procedures specified in paragraphs (e)(1) through ( 3 ) of this section. Upon request, the owner or operator shall***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 421**  **of 511**  make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (1) For measuri ng total non

- vinyl chloride organic HAP, you must use the methods specified in paragraphs (e)(1)(i) through (iv) of this section. (i) SW

- 846

- 8260B, Volatile Organic Compounds by Gas Chromatography/Mass spectrometry (GC/MS), Revision 3, February 2007, in "T est Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW

- 846, Third Edition (incorporated by reference, see §63.14) for analysis of volatile organic compounds listed in T able 10 of this subpart. (ii) SW

- 846

- 8270D, Semivola tile Organic Compounds by Gas Chromatography/Mass spectrometry (GC/MS), Revision 4, February 2007, in "Test Methods for Evaluating Solid Waste, EPA Publication No. SW

- 846, Third Edition (incorporated by reference, see §63.14) for analysis of semivolatile o rganic compounds listed in table 10 of this subpart. (iii) SW

- 846

- 8315A, Determination of Carbonyl Compounds by High Performance Liquid Chromatography (HPLC), Revision 1, December 1996, in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods ," EPA Publication No. SW

- 846, Third Edition (incorporated by reference, see §63.14) for analysis of aldehyde compounds listed in table 10 of this subpart.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 422**  **of 511**  (iv) SW

- 846

- 8015C, Nonhalogenated Organics by Gas Chromatography, Revision 3, February 2007, in "Tes t Methods for Evaluating Solid Waste, EPA Publication No. SW

- 846, Third Edition (incorporated by reference, see §63.14) for analysis of alcohol compounds listed in table 10 of this subpart. (2) For measuring vinyl chloride, you must use Method 107 at 40 CF R part 61, appendix B. (3) When using the methods specified in paragraphs (d)(1) and (2) of this section, for sample collection, preservation, transport, and analysis, you must minimize loss of HAP and maintain sample integrity. (f) Method for calculating total non

- vinyl chloride organic HAP concentration . For each stripped resin sample analyzed using the methods specified in paragraph (e) of this section, calculate the sum of the measured concentrations of each HAP analyzed as required in paragraphs (b)( 1 ) ( i ) and (b)( 1 )( ii ) of this section by using Equation 2 to this section. 

# ∑

**=** 

## = n

i i TNVCH 

# C C 1 (Eq. 2) Where:
CTNVCH = Concentration of total non

- vinyl chloride organic HAP compounds in the stripped resin sample, in parts per million by weight (ppmw).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 423**  **of 511** 
C i = Concentration of individual HAP present in the stripped resin sample analyzed pursuant to paragraphs (b)( 1 )( i ) and (b)( 1 )( ii ) of this section excluding vinyl chloride, in ppmw, where a value of zero should be used for any HAP concentration that is below the detection limit. **§63.11965 What are my general compliance requirements for**
**wastewater?** (a) The concentration of vinyl chloride and total non

- vinyl chloride organic HAP in each process wastewater stream containing greater than the limits specifie d in Table 1 or 2 to this subpart, measured immediately as it leaves a piece of process equipment and before being mixed with any other process wastewater stream, must be reduced to the limits specified in Table 1 or 2 to this subpart. The applicable limit s in Table 1 or 2 to this subpart must be met before the process wastewater stream is mixed with any other process wastewater stream containing vinyl chloride or total non

- vinyl chloride organic HAP concentrations less than the applicable limits specified in Table 1 or 2 to this subpart, before being exposed to the atmosphere, and before being discharged from the affected

source. (b) Initial determination of process wastewater streams that need to be treated . You must determine which process
wastewater stre ams require treatment as specified in paragraph s***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 424**  **of 511**  (b)(1) and (2) of this section and meet the requirements of paragraph s (c) and (d) of this section. (1) You must collect process wastewater samples as specified in paragraphs (a)(1)(i) and (ii) of this section. (i) For treated process wastewater streams, you must collect process wastewater samples at the outlet of the treatment process and before the process wastewater stream is mixed with any other process wastewater stream containing vinyl chloride or total non

- vinyl chloride organic HAP concentrations less than the applicable limits specified in Table 1 or 2 to this subpart, before being exposed to the atmosphere, and before being discharged from the affected source. (ii) For untreated process wastewa ter streams, you must collect process wastewater samples at the location immediately as the stream leaves a piece of process equipment, before being mixed with any other process stream or process wastewater stream, before being exposed to the atmosphere, a nd before being discharged from the affected source. (2) You must measure the concentration of vinyl chloride and total non

- vinyl chloride organic HAP using the test methods and procedures specified in §63.11980. (c) Requirements for process wastewater st reams that must be treated . Each process wastewater stream that has a vinyl***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 425**  **of 511**  chloride or total non

- vinyl chloride organic HAP concentration equal to or greater than the limits specified in Table 1 or 2 to this subpart, determined pursuant to paragraph (a) o f this section must be treated to reduce the concentration of vinyl chloride or total non

- vinyl chloride organic HAP to below the applicable limits specified in Table 1 or 2 to this subpart. You must route wastewater streams through hard

- piping to the
trea tment process and route the vent stream from the treatment process to a closed vent system and control device meeting the requirements of §§63.11925 through 63.11950. You must also meet the initial and continuous compliance requirements specified in §63.11 970(a) and §63.11975. (d) Requirements for process wastewater streams that do not need to be treated

(e) . For each process wastewater stream that has a vinyl chloride or total non

- vinyl chloride organic HAP concentration less than the limits specified in Table 1 or 2 to this subpart, determined pursuant to paragraph (a) of this section, you must meet the initial and continuous compliance requirements specified in §§63.11970(b) and 63.11975( c ). Maintenance wastewater

(f) . You must comply with the requirements sp ecified in §63.105 of subpart F of this part. Determination of total non

- vinyl chloride organic HAP . You must develop a facility

- specific list of HAP that are***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 426**  **of 511**  expected to be present in each process wastewater stream at your PVCPU. This list must be con tinuously updated and must be available for inspection by the Administrator. This list must include the identification of each HAP expected to be present in each process wastewater stream, and the CAS number for each HAP. ( 1 ) For the purposes of demonstrat ing initial and continuous compliance as required in §§ 63.11970 and 63.11975 of this subpart, you must meet the requirements specified in paragraphs (f)( 1 )( i ) and ( ii ) of this section. ( i ) You must analyze each process wastewater sample for all HAP listed in Table 10 to this subpart using the test methods specified in § 63.11980(a)(2) and (3). ( ii ) You must also analyze each process wastewater sample for any HAP that are not listed in Table 10 to this subpart but are expected to be present in that sample bas ed on your facility

- specific list of HAP using the appropriate test method specified in § 63.11980(a)(2). **§63.11970 What are my initial compliance requirements for process wastewater?**  (a) Demonstration of initial compliance for process wastewater streams th at must be treated . For each process wastewater stream that must be treated as specified in §63.11965(b) and (c), you must conduct an initial performance***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 427**  **of 511**  test for the wastewater treatment process, measuring the concentration of vinyl chloride and total non

- vinyl chloride organic HAP in the wastewater stream at the outlet of the wastewater treatment process before the wastewater is exposed to the atmosphere, mixed with any other process stream, and before being discharged from the affected facility, using th e test method(s) and procedures specified in §63.11980(a). (b) Demonstration of initial compliance for process wastewater streams that are not required to be treated

**§63.11975 What are my continuous compliance requirements for**
**process wastewater?**  . For each process wastewater stream that has a vinyl chloride or total

non - vinyl chloride organic HAP concentration less than the limits specified in Table 3 to this subpart, you must use the measurement specified in §63.11965(b)(1)(ii) to demonstrate initial compliance.

(a) For each process wastewater stream that must be treated to reduce the concentration of vinyl chloride or total non

- vinyl chloride organic HAP as specified in §63.11965(b) and (c), you must demonstrate continuous compliance as specified in p aragraph (b) of this section. For each process wastewater stream for which you initially determine in §63.11970(b) that treatment is not required to reduce either vinyl chloride or total non

- vinyl***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 428**  **of 511**  chloride organic HAP concentration, you must demonstrate

co ntinuous compliance as specified in paragraph (c) of this section. (b) For each process wastewater stream that must be treated according to §63.11965(b), you must demonstrate continuous compliance with the emission limits for vinyl chloride and total

non - v inyl chloride organic HAP specified in Table 1 or 2 to this subpart by following the procedures specified in paragraphs (b)(1) and (2) of this section. (1) Following your demonstration of initial compliance in §63.11970(a), make monthly measurements of the vinyl chloride and total non

- vinyl chloride organic HAP concentrations using the procedures and methods specified in §63.11965(b)(1) and (2). (2) You must demonstrate continuous compliance with the emission limits in Table 1 or 2 to this subpart on a monthly basis, using the monthly concentration measurement specified in paragraph (b)( 1 ) of this section. (c) For each wastewater stream for which you initially determine in §63.11970(b) that treatment is not required to reduce the vinyl chloride or total non - vinyl chloride organic HAP concentration, you must demonstrate continuous compliance as specified in paragraphs (c)(1) and (2) of this section.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 429**  **of 511**  (1) Conduct annual performance tests, measuring the vinyl chloride and total non

- vinyl chloride organic HAP concentrations using the procedures and methods specified in §63.11965(b)(1) and (2). (2) If any annual performance test conducted as specified in paragraph (c)(1) of this section results in a concentration of vinyl chloride or total non

- vinyl chloride org anic HAP in the process wastewater stream that is greater than or equal to the emission limits in Table 1 or 2 to this subpart, then you must meet the requirements of §63.11965(c) and you must demonstrate initial and continuous compliance as specified in § 63.11970 and this section. **§63.11980 What are the test methods and calculation procedures for process wastewater?**  (a) Performance test methods and procedures

(1) You must conduct performance tests during worst

- case operating conditions for the PVCPU when the process wastewater . You must determine the concentration of vinyl chloride and total non

vinyl chloride organic HAP u sing the test methods and procedures specified in paragraphs (a)(1) through (4) 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
.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 430**  **of 511**  treatment process is operating as close as possible to maximum operating conditions. If the wastewater treatment process will be opera ting at several different sets of operating conditions, you must supplement the testing with additional testing, modeling or engineering assessments to demonstrate compliance with the emission limits. (2) For measuring total non

- vinyl chloride organic HAP , you must conduct sampling and analysis using the methods specified in paragraphs (a)(2)(i) through (iv) of this section. (i) SW

- 846

- 8260B, Volatile Organic Compounds by Gas Chromatography/Mass spectrometry (GC/MS), Revision 3, February 2007, in "Test M ethods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW

- 846, Third Edition (incorporated by reference, see §63.14) for analysis of volatile organic compounds listed in Table 10 of this subpart. (ii) SW

- 846

- 8270D, Semivolatile Organic Compounds by Gas Chromatography/Mass spectrometry (GC/MS), Revision 4, February 2007, in "Test Methods for Evaluating Solid Waste, EPA Publication No. SW

- 846, Third Edition (incorporated by reference, see §63.14) for analysis of semivolatile organi c compounds. (iii) SW

- 846

- 8315A, Determination of Carbonyl Compounds by High Performance Liquid Chromatography (HPLC), Revision 1,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 431**  **of 511**  December 1996, in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW

- 846, Third Edi tion (incorporated by reference, see §63.14) for analysis of aldehyde compounds. (iv) SW

- 846

- 8015C, Nonhalogenated Organics by Gas Chromatography, Revision 3, February 2007, in "Test Methods for Evaluating Solid Waste, EPA Publication No. SW

- 846, Third Edi tion (incorporated by reference, see §63.14) for analysis of alcohol compounds. (3) For measuring vinyl chloride, you must use Method 107 at 40 CFR part 61, appendix B. (4) When using the methods in paragraph s (a)(2) and (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 process 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. (b) Method for calculating total non

- vinyl chloride organic HAP concentration. For each process wastewater stream analyzed***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 432**  **of 511**  using the methods spe cified in paragraph (a) of this section, calculate the sum of the measured concentrations of each HAP analyzed as required in § 63.11965(f)( 1 ) by using Equation 1 to this section. 

# ∑

**=** 

## = n

i i TNVCH 

# C C 1 (Eq. 1) Where:

CTNVCH = Concentration of total non

- vinyl chloride organic HAP, in parts per million by weight (ppmw). Ci = Concentration of individual HAP present in the sample analyzed pursuant to § 63.11965(f)( 1 ) excluding vinyl chloride, in ppmw, where a value of zero should be used for any HAP con centration that is below the detection limit. **Notifications, Reports and Records §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 4 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 §63.9(h), you must also include the information specified in paragraphs (a)(1) through (9) of this section, as applicable.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 433**  **of 511**  (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 §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 used to meet the emission limits in Table 1 or 2 to this subpart, as determined pursuant to §63 .11935(d). This report must include the information in §63.11935(d) (2) , as applicable. (5) You must include the records specified in paragraphs (a)(5)(i) through (iii) of this section, as applicable, for process vents. (i) You must include the performance test records specified in §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, descr iption of sampling and analysis procedures and any modifications to***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 434**  **of 511**  standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field

sam pling, 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 oth er 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 ope rations. (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 §§63.11945 and 63.11950, including documentation o f the proper operation of a process condenser(s) as specified in §63.11950(c)(2)(ii). (C) Data and rationale used to support an engineering assessment to calculate emissions in accordance with §63.11950(i).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 435**  **of 511**  (iii) If you use a control device other than tho se listed in §63.11940 for your process vent, then 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 ; an explanation of th e 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 wil l 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) and (ii) 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 initial compliance with the stripped resin limits in Table 1 or 2 to this subpart.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 436**  **of 511**  (8) You must include the records specified in paragraphs (a)(8)(i) and (ii) of this section, as applicable, for process
wastewater. (i) You must include an identification of each process wastewater stream subject to the requirements of thi s subpart, and the results of your determination for each stream as to whether it must be treated to meet the limits of Table 1 or 2 to this subpart. You must also include a description of the treatment process to be used for each process wastewater stream that requires treatment. (ii) You must include results of the initial sampling used to determine initial compliance with the vinyl chloride and total non

- vinyl chloride organic HAP limits in Table 1 or Table 2 to this subpart. (9) You must include a certi fication 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 fo r equipment leaks." (iii) "This facility complies with the requirements in this subpart for heat exchange systems."***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 437**  **of 511**  (iv) "This facility complies with the requirements in this subpart for HAP emissions from process vents." (v) "This facility complies with t he 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 rep orts

(1) You must include a copy of the inspection record specified in §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 §63.1039(b)(5) through (8) of subpart UU of this part for each pressure vessel. . When submitting the excess emissions and continuous monitoring system performance report and summary report required in §63.10(e)(3), you must also include the information specified in paragraphs (b)(1) through ( 12 ) of this section, as applicable. Th is report is referred to in this subpart as your compliance report.

(2) You must include the information specified in §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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 438**  **of 511**  (c)( 7 ) of this section instead of the information specified in §63.1039(b)( 4 ) 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 exchange systems in HAP service. (ii) The number of heat exchange systems in HAP service found to be leaking. (iii) A summary of the monitoring data that indicate a l eak, including the number of leaks determined to be equal to or greater than the leak definition. (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 eac h 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 VOC or vinyl chloride emissions for each delayed repair over the reporting peri od. (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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 439**  **of 511**  (i) Deviations using CEMS or CPMS. For each deviation from an emission limit or operati ng limit where a CEMS or CPMS is being used to comply with the process vent emission limits in Table 1 or Table 2 to this subpart, you must include the information in paragraphs (b)(4)(i)(A) through (E) of this section. (A) For CEMS, the 3

- hour block avera ge 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 §63.11890(c). (B) For CPMS, the average value calculated for an y day (based on the data averaging periods for compliance specified in Table 5 to this subpart) that does not meet your operating limit established according to §63.11935(d) or that does not meet the data availability requirements specified in §63.11890(c)
. (C) The cause for the calculated emission level or operating parameter level to 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 collec ted. (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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 440**  **of 511**  (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 operati ng 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 ope rating 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 §63.11990(e)(4) have changed. (iii) Process ch anges. 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 441**  **of 511**  (B) Revisions to any of the information reported in the original notification of compliance sta tus 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, components , or equipment at th e affected source. (5) You must submit the applicable information specified in paragraphs (b)(5)(i) through (iii) of this section for process
vents. (i) For catalytic thermal oxidizers for which you have selected the alternative monitoring specified in §63 .11940(b)(3), results of the annual catalyst sampling and inspections required by §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 §63.11940(d)(7). (iii) For non

- regenerative adsorbers, results of the adsorber bed outlet volatile organic compounds concentration measurements specified in §63.11940(e)(2). (6) You must include the records specified in §63.11990(j) for other emission sources.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 442**  **of 511**  (7) For resin stripper operations, you must include results of daily vinyl chloride and monthly total non

- vinyl chloride organic HAP concentration results for each resin type produced within the PVCPU that did n ot meet the stripped resin emission limits in Table 1 or 2 to this subpart, 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 daily vinyl chloride and monthly total non

vinyl chloride organic HAP concentration results for each process wastewater stream discharged from the affected source that did not meet the process wastewater emission limits in Tables 1 or 2 to this subpart. (ii) If you must comply with §63.11965, then you must include any other applicable information that is required by the reporting requirements specified in §63.146. (9) For closed vent systems subject to the requirements of §63.11930, you must include the i nformation specified in paragraphs (b)(9)(i) through (iv) of this section, as applicable. (i) As applicable, records as specified in §63.11930(g)(1)(i) for all times when flow was detected in the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 443**  **of 511**  bypass line, the vent stream was diverted from the control d evice, or the flow indicator was not operating. (ii) As applicable, records as specified in §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 c hanged, 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 §63.11930(d) and (e), or repairs were not pe rformed as specified in §63.11930(f), or records were not kept as specified in §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 §63.11930(h) including the cause for the ala rm and the corrective action taken. (10) C losed vent system in vacuum service, bypass deviation, or pressure vessel closure device deviation report. If any pressure vessel closure device or closed vent system has discharged to the atmosphere as specified i n § §63.11910(c)(4), 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 444**  **of 511**  (ii) The date, time and duration of the discharge. (iii) An e stimate 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 (11) Affirm ative defense report. If you seek to assert an affirmative defense, as provided in § 63.11895, then you must submit a written report as specified in §63.11895 (b) to demonstrate, with all necessary supporting documentation, that you have met the requirements set forth in §63.11895(a). ( 12 ) Overlap with T itle V reports. Information required by this subpart, which is submitted with a T itle V periodic report, does not need to be included in a subsequent compliance report required by this subpart or subpart refer enced by this subpart. The T itle V report must be referenced in the compliance report required by this subpart. (c) Other notifications and reports

(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 . You must submit the other notification and reports, as specified in paragraphs (c)(1) through ( 9 ) of this s ection, as applicable.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 445**  **of 511**  inspection required by §63.11910 (a)(3) . If an inspection is unplan ned 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 t he 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 s tate or local agency is noti fied, you are not required to notify the Administrator. A delegated s tate 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 §63.11935(d) for all batch operations. If you use an engineering assessment as
spe cified in §63.11950(i), then you must also include data or other information supporting a finding that the emissions estimation equations in §63.11950(a) through (h) are inappropriate. If the EPA disapprove s the report, then you must still be in compliance with the emission limitations and work***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 446**  **of 511**  practice standards of this subpart by your compliance date. To change any of the information submitted in the report, you must notify the EPA 60 days before you implement the planned change. (3) Other control device reporting provisions. If you are using a control device other than those listed in this subpart, then you must submit the information as specified in paragraphs (c)(3)(i) through (iii) of this section. (i) A description of the proposed control device. (ii) 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). ( iii) The frequency and content of monitoring, recording, and reporting if monitoring and recording is not continuous, or if the compliance report information , 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.

( 4 ) Request for approval to use alternative monitoring methods. Prior to your initial notification of compliance***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 447**  **of 511**  status, you may submit requests for approval to use alternatives to the continuous operating parameter monitoring specified in this rule, as provided for in §63.11940( h ), following the same procedure as specified in §63.8. The information specified in paragraphs (c)( 4 )(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. ( 5 ) Request for approval to monitor alternative parameters. Prior to your initial notification of compliance status, you may submit requests for approval to monitor a d ifferent parameter than those established in §63.11935(d), following the same procedure as specified for alternative monitoring methods in §63.8. The information specified in paragraphs (c)( 5 )(i) through (iii) of this section must be included in the reques t. (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).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 448**  **of 511**  (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 operat ing 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 monito ring and recording is not continuous. The rationale for the proposed monitoring, recording, and reporting system must be included. ( 6 ) [Reserved]
. ( 7 ) Pressure relief device deviation report. If any pressure relief device in HAP service has discharged to the atmosphere as specified in §63.11915(c ) , then 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 449**  **of 511**  (v) The measures adopted to prevent future such discharges. ( 8 ) Co mmencing and ceasing operation of continuous emissions monitoring systems. Before starting or stopping the use of CEMS you must notify the Administrator as specified in §63.11935(b)(7). ( 9 ) Data Submittal. (i) Within 60 days after the date of completing ea ch performance test (see §6 3
. 2 ) required by this subpart, you must submit the results of performance test s electronically to the EPA’s WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through the
EPA' s Central Data Exchange (CDX) ( http://www.epa.gov/cdx ). Performance test data must be submitted in the file format generated through use of the EPA’s 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 WebFIRE
. Owners or operators who claim that some of the information being submitted for performance tests is confidential business information (CBI) m ust submit a complete ERT file including information claimed to be CBI on a compact disk or other commonly used electronic storage media (including, but not limited to, flash drives) to the EPA. The electronic***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 450**  **of 511**  media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404

- 02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be submitted to the EPA via CDX as described earlier in this paragraph. At the discretion o f the delegated authority, you must also submit these reports, including the confidential business information , to the delegated authority in the format specified by the delegated authority. (ii) Within 60 days after the date of completing each CEMS perfor mance evaluation test (see §6 3
. 2 ), you must submit the relative accuracy test audit data electronically into the EPA's CDX by using the ERT, as mentioned in paragraph (c)( 9 )(i) of this section. Only data collected using test methods compatible with ERT are subject to this requirement to be submitted electronically to the EPA's CDX. (iii) All reports required by this subpart not subject to the requirements in paragraphs (c)( 9 )(i) and (ii) of this section must be sent to the Administrator at the appropriate

a ddress listed in §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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 451**  **of 511**  right to require submittal of reports subject to paragraphs (c)( 9 )(i) and (ii) of this section in paper format. **§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

(b) . You m ust 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 te st plan, site

specific monitoring plan, and the equipment leak detection and repair plan. Storage vessels

(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. . For storage vessels, you must maintain the records specified in paragraphs (b)(1) through (5) of this section.

(2) Inspection records for fixed roofs complying with §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 §63.11910(a)(3).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 452**  **of 511**  (ii) For each defect detected during an inspection required by §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 §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) [Reserved ]. (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 §63.1065 of subpart WW of thi s part. (c) Equipment leaks

(d) . For equipment leaks, you must maintain the records specified in §63.1038 of subpart UU of this part for equipment leaks and a record of the information specified in §63.11930(g)(4) for monitoring instrument calibrations conduct ed according to §63.11930(e)(2). 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 453**  **of 511**  (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 that are in HAP service. For each heat exchange system that is su bject to this subpart, you must include identification of all heat exchangers within each heat exchange system, identification of the individual heat exchangers in HAP service 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 §63.11920(b) and the provision under which the heat exchange system is exe mpt. (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, gallons/minute. (iii) Monitoring method employed. (iv) The measured cooling water concentration for each of target analyte (parts per billion by weight).***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 454**  **of 511**  (v) Calibration and recovery information identified in the test method used. (5) The date when a leak was identified and the date when the heat exchange r 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 vent monitoring

(1) Continuous records. Where this subpart requires a continuous record using CEMS or CPMS, you must maintain, at a minimum, the records specified in § 63.10(b)(2)(vii)(A). . You must include the records specified in paragraphs (e)(1) through (4) of this section, as applicable, for process vent monitoring
.

(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 u nit (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (ii) Periods of no flow to a control device. (iii) Monitoring system malfunctions, repairs associated with monitoring system malfunctions or required monitor ing***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 455**  **of 511**  system quality assurance or control activities, as specified in §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 paragraph (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 §§63.11925(e)(3)(ii) and 63.11925(e)(4)(ii)(B) 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 §63.1 1935(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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 456**  **of 511**  (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 including their associated emissions episodes. (iv) The applicable control requirements of this subpart for process vents. (v) The control device, including a description of operating and testing condi tions. (vi) Combined emissions that are routed to the same control device. (vii) The applicable monitoring requirements of this subpart and any operating limit that assures compliance for all emissions routed to the control device. (viii) Calculations and engineering analyses required to demonstrate compliance.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 457**  **of 511**  (f) Process vents

(1) Records of performance tests as required in §63.10(b)(2)( viii). You must also collect the applicable control device operating parameters required in §63.11940 over the full period of the performance test. . You must include the records specified in paragraphs (f)(1) and (2) of this section, as applicable, for process vents.

(2) If you use a control device to comply with this subpart and you are required to use CPMS, then you must keep up

- to

- date and readily accessible records for your process vents as specified in paragraphs (f)(2)(i) through (iv) of this section, as applicable. (i) If you use a flow indicator, then 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 oxidizer for which you have selected the alternative monitoring specified in §63.11940(b)(3), then you must also maintain records of the results of the annual catalyst sampling and inspections required by §63.11940(b)(3)(i) and (ii) including any subsequent corrective actions taken. (iii) If you use a regenerative adsorber as specified in §63.11940(d), then the records specified in paragraphs***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 458**  **of 511**  (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 c ompleting 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 §63.11940(d)(4), then you must keep records of the vacuum profile over time and the amount of time the vacuum level is below the minimum vacuu m 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 w ith a written entry into a log book or other permanent form of record.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 459**  **of 511**  (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

o r 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 §63.11940(e), then 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 §63.11940(e)(1), including the date the average life was determined. (B) Daily, weekly, or monthly records of t he maximum volatile organic compound or HAP outlet concentration, as specified by §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. (g) Closed vent systems . You must keep the records specified in paragraphs (g)(1) through (6) of this section, and***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 460**  **of 511**  you must record any additional information as specified in §63.11930, as applicable. (1) Each alarm triggered because flow was detected in a byp ass as specified in §63.11930(g)(1)(i). (2) Inspections of seals or closure mechanisms as specified in §63.11930(g)(1)(ii). (3) Copies of compliance reports for closed vent system leak inspections as specified in §63.11985(b)(9) and §63.11930(g)(2) and (3)
. (4) Instrument calibration records as specified in §63.11930(g)(4). (5) Unsafe

- to

- inspect equipment as specified in §63.11930(g)(5). (6) Pressure alarms as specified by §63.11930(h)(2) and (3). (h) Resin stripper

(1) All resin sampling data, including daily measurements of the concentration of vinyl chloride and monthly measurements of the total non

- vinyl chloride organic HAP compounds in the strip ped resin for each type and grade of resin produced. Each sample must be identified by the resin type and resin grade, the s . For resin strippers, you must maintain the records specified in paragraphs (h)(1) and ( 2 ) of this section.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 46**  **1 of**  **511** date and time the sample was taken, identification of the resin stripper from which the sample was taken, and the corresponding quant ity (pounds) of resin processed by the stripper for the batch or over the time period represented by the sample. (2) The total quantity (pounds) of each resin grade produced per day and the total quantity of resin processed by each resin stripper, identifi ed by resin type and resin grade, per day. (i) Process wastewater

(1) A description of the process wastewater generation activities and trea tment process. . For treatment processes, you must maintain the records specified in paragraphs (i)(1) through ( 5 ) of this section.

(2) Records of the treatment determinations specified in §63.11965( b ) for each wastewater stream and the type of treatment applied if required in §63.11965( d ) and ( e ). (3) Records of the initial performance test specified in §63.11970(a) and (b)
. (4) All testing data, including monthly measurements of the concentrations of vinyl chloride and the concentration of total

non - vinyl chloride organic HAP in each process wastewater stream required to be measured, as specified in §63.11975.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 462**  **of 511**  (5) You must keep any other applicable records that are required by the recordkeeping requirements specified in §63.147 of subpart G of this part. (j) Other emission sources

(1) All engineering calculations, testing, sampling, and monitoring results and data specified in §63.11955. . You must keep the records specified in paragraphs (j)(1) and (2) of this section.

(2) Each occurrence that you do not comply with the requirements in §63.11955. **§63.11995 In what form and how long must I keep my records?** (a) You must ke ep records for 5 years in a form suitable and readily available for expeditious review, as specified in §63.10(b)(1). (b) You must keep each record on site for at least 2 years, as specified in §63.10(b)(1). You can keep the records off site for the remain ing 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. **§63.12000 Who implements and enforces this subpart?** (a) This subpart can be implemented and enforced by the Administrator, as defined in §63.2, or a delegated authority such as your state, local or tribal agency. If the Administrator***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 463**  **of 511**  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 s tate, 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
E PA 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 meth ods, as defined in §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 §63.90. (4) Approval of a major change to recordkeeping and reporting, as defined i n §63.90.
**Definitions*****E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 464**  **of 511**  **§63.12005 What definitions apply to this subpart?** Terms used in this subpart are defined in the Clean Air Act, in §63.2, and in this section, as follows: Affirmative defense means, in the context of an enforcement proceeding, a respon se 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,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 465**  **of 511**  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 through which a HAP

- containing gas stream has the potential to be released to the atmosphere except that it is required by this su bpart to routed to a closed vent system and control device. Emissions for all emission episodes associated with the unit operation(s) are part of the batch process vent. Batch process vents also include vents with intermittent flow from continuous operatio ns. Examples of batch process vents include, but are not limited to, vents on condensers used for product recovery, polymerization reactors, and process tanks. Bottoms receiver means a tank that collects bottoms from continuous distillation before the str eam 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 466**  **of 511**  the resin particles in a post

- polymerization reactor using additional vinyl chloride monomer. R esins produced using the bulk process are referred to as bulk resins. Bypass means to divert 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 b etween 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 indi vidual unit used for the combustion of organic emissions, such as a flare, incinerator, process heater, or boiler.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 467**  **of 511**  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 must be designed to open only when the operating pressure of the storage vessel exceeds the maximum allowable working pressure of the pr ocess 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
st ored, 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 468**  **of 511**  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, co ndition (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 §63.11990(e)(1). Continuous process vent

(1) The gas stream originates as a continuous flow from any continuous PVCPU operation during operation of the PVCPU. means a vent from a continuous PVCPU operation through which a HAP

- containing gas stream has the potential to be released to the atmosphere except that it is required by this subpart to route d to a closed vent system and control device and has the following characteristics:

(2) The discharge into the closed vent system and con trol 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 469**  **of 511**  (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 th rough any other unit operation for a process purpose) through one or more recovery devices within the
PVCPU. Continuous PVCPU operation means any operation that is not a batch operation or an operation that generates a miscellaneous process vent. 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 co mbination 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
tra nsferring 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 470**  **of 511**  Corrective action plan means a description of all

reason able 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 othe rwise specified in this subpart. Dioxin/furans 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 i n pools due to bottom irregularities, are considered completely empty.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 471**  **of 511**  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 §63.11930(f) to verify whether the leak is repaired, unless the owner or operator determines by other means that the leak is not r epaired. 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, o r whether the valve position would allow gas flow to be, present in a line. Gasholder means a surge control vessel with a bell that is floating in a vessel filled with water that is used to store gases from the PVC production process prior to being recovered or sent to a process vent control device. The bell rises and***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 472**  **of 511**  falls as low

- pressure gases enter and leave the space beneath the bell and the water provides a seal between the enclosed gas within the floating bell and the ambient air. Grade means the subdivision of PVC resin that describes it as a unique resin, i.e. , the most exact descr iption of a type of resin with no further subdivision. Examples include low molecular weight suspension resins and general purpose suspension resins. Hard

- piping means pipes or tubing that are manufactured and properly installed using good engineering judgment and an appropriate standard method published by a consensus

- based standards organization if such a method exists or you may use an industry standard practic e. Consensus

- based standards organizations include, but are not limited to, American National Standards Institute (ANSI, 1819 L Street, NW., 6 th floor, Washington, DC 20036, (202) 293

– 8020, http://www.ansi.org ). Heat exchange system means a device or colle ction 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 (cool ing tower system) or a once

- through system ( e.g. , river or pond water). For closed

- loop recirculation systems, the heat exchange***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 473**  **of 511**  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 re sults in the formation of a wastewater. Heat exchanger exit line means the cooling water line from the exit of one or more heat exchangers (where cooling water leaves the heat exchangers) to either the entrance of the cooling tower return line or prior to exposure to the atmosphere or mixing with non

- cooling water streams, in, as an example, a

once - through cooling system, whichever occurs first. 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 §63.180(d). For the purposes of this definition, the term “organic HAP” as used in §63.180(d) means HAP. The provisions of §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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 474**  **of 511**  (kPa) (0.7 pounds per square inch absolute) below ambient
pressure. Inciner ator 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 limitatio n does not apply to an energy recovery section used solely to preheat the incoming vent stream or combustion air. Maintenance wastewater means wastewater generated by the draining of process fluid from components in the PVCPU into an individual drain syste m prior to or during maintenance activities. Maintenance wastewater can be generated during planned and unplanned shutdowns and during periods not associated with a shutdown. Examples of activities that can generate maintenance wastewaters include descalin g of heat exchanger tubing bundles, hydroblasting PVCPU process components such as polymerization reactors, vessels and heat exchangers, draining of low legs and high point bleeds, draining of pumps***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 475**  **of 511**  into an individual drain system, draining of portions of the PVCPU for repair and water used to wash out process components or equipment after the process components or equipment has already been opened to the atmosphere and has met the requirements of §63.11955. 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 abov e 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 :***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 476**  **of 511**  (1) In accordance with methods described in American Petroleum Institute Publication 2517, Evaporative Loss From External Floating

- Roof Tanks (incorporated by reference, see §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 §63.14). (4) Any other method approved by the Administrator. Miscellaneous vent means gaseous emissions from samples, loading and unloading lines, slip gauges, proc ess wastewater treatment systems and pressure relief devices that are routed through a closed vent system to a control device and that are not equipment leaks. Nonstandard batch means a batch process that is operated outside of the range of operating condi tions 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 prod uct 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.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 477**  **of 511**  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 th e 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 §63.11985(b)(4)(ii) and records specified in §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 e ntity, 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 a nd post

- polymerization
reactors.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 478**  **of 511**  Polyvinyl chloride means either polyvinyl chloride homopolymer or polyvinyl chloride copolymer. Polyvinyl chloride homopolymer means a synthetic thermoplastic polymer that is derived from the polymerization of vinyl chlorid e and has the general chemical structure (

- H2CCHCl

- )n. Polyvinyl chloride homopolymer is typically a white powder or colorless granule. Polyvinyl chloride homopolymer is produced by different processes, including (but not limited to), suspension, dispersio n/emulsion, blending and bulk 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 polyv inyl chloride and/or polyvinyl chloride copolymers. A PVCPU includes, but is not limited to, polymerization reactors; resin stripping operations; resin blend tanks; resin centrifuges; resin dryers; resin product separators; recovery devices; reactant and r aw material charge vessels and tanks, holding tanks, mixing and weighing tanks; finished resin product storage tanks or storage silos; finished resin product loading operations; connected ducts and piping; equipment including pumps, compressors, agitators, pressure relief devices, sampling connection systems, open

- ended valves or lines, valves and connectors and instrumentation systems . A***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 479**  **of 511**  PVCPU does not include chemical manufacturing process units, as defined in §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 monomer such as vinyl acetate. Polyvinyl chloride copolymer is produced by different processes, including, but not limited to, suspension, dispersion/emulsion, suspension blending, and solution
processes. Pressure relief device means a safety device used to prevent operating pressures from exceed ing the maximum allowable working pressure of the process component. A common pressure relief device is a spring

- loaded pressure relief valve. Pressure vessel means a vessel that is used to store liquids or gases and is designed not to vent to the atmosphe re 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,***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 480**  **of 511**  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 cha nge 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 prio r to a vacuum source are considered process condensers. Typically, a primary condenser or condensers in series are considered to be***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 481**  **of 511**  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.

(1 ) To remove water vapor that would cause icing in a downstream condenser. , 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:

(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 oth er 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 fe edstock 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

con nected by pipes or ducts to process raw and/or intermediate materials and to manufacture an intended product. For the***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 482**  **of 511**  purpose of this subpart, process unit includes, but is not limited to, polyvinyl chloride production process.
Process vent means a vent st ream that is the result of the manifolding of each and all batch process vent, continuous process vent, or miscellaneous vent resulting from the affected facility into a closed vent system and into a common header that is routed to a control device. The pr ocess vent standards apply at the outlet of the control device. A process vent is either a
PVC

- only process vent or a PVC

- combined process vent.
Process wastewater means wastewater that comes into direct contact with HAP or results from the production o r 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 chemica l 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 syste ms pulling vacuum on vessels containing organics. Gasholder seal water is not process wastewater until it is removed from the gasholder.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 483**  **of 511**  Process wastewater treatment system means a specific technique or collection of techniques that remove or destroy the

o rganics in a process wastewater stream to comply with §§63.11965 and 63.11970. 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.
PVC

- combined process vent means a process vent that originates from a PVCPU and is combined with one or more process vents originat ing from another source category prior to being controlled or emitted to the atmosphere.
PVC

- only process vent means a process vent that originates from a PVCPU and is not combined with a process vent originating from another source category prior to being controlled or emitted to the atmosphere. Recipe means a specific composition from among the range of possible compositions that may occur within a product, as***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 484**  **of 511**  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. , wastew ater 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 de fined in the applicable sections of this subpart; and unless otherwise specified in applicable provisions of this subpart, is inspected as specified in §63.11930(f) to verify that emissions from the equipment are below the applicable leak definition. 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 485**  **of 511**  other finishing opera tions. 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 strip ping 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 pri mary 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 mean s a process for producing polyvinyl chloride copolymer 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***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 486**  **of 511**  where vinyl chloride monomer and co - monomers are soluble in the solvent, but the polymer is not. The PVC copolymer 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 copolymer 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 ±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.

(1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; , 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:

(2) P rocess tanks; (3) Vessels with capacities smaller than 10,040 gallons; (4) Vessels storing organic liquids that contain organic HAP only as impurities;***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 487**  **of 511**  (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 cata lyst 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

- proces s storage, mixing, or management of flow rates or volumes is needed to introduce material into continuous operations. Surge control vessels also include gasholders.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 488**  **of 511**  Suspension process means a process for producing polyvinyl chloride resin that is character ized 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 proc ess are soluble in vinyl chloride monomer. Polyvinyl chloride resins produced using the suspension process are referred to as suspension resins. Suspension blending process means a process for producing polyvinyl chloride resin that is similar to the suspe nsion polymerization process, but employs a rate of agitation that is significantly higher than the highest range for non

- blending suspension resins. The suspension blending process uses a recipe that creates extremely small resin particles, generally equa l to or less than 100 microns in size, with a glassy surface and very little porosity. The suspension blending process concentrates the resins using a centrifuge that is specifically designed to handle these small particles. Polyvinyl chloride resins produ ced using the suspension blending process are referred to as suspension blending resins and are typically blended with dispersion resins. Table 10 HAP means a HAP compound listed in table 10 of this subpart.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 489**  **of 511**  Total non

- vinyl chloride organic HAP means, for the purposes of this subpart, the sum of the measured concentrations of each HAP, as calculated according to the procedures specified in §§ 63.11960(f) and 63.11980(b). Type of resin means the broad classification of PVC homopolymer and copolymer resin refe rring to the basic manufacturing process for producing that resin, including, but not limited to, suspension, dispersion/emulsion, suspension blending, bulk, and solution processes. Unloading operations

Wastewater means process wastewater and maintenance wastewater. The following are not considered wastewater for the purposes of this subpart: means the transfer of organic liquids from a transpor t vehicle, container or storage vessel to process components within the affected source.

(1) Stormwater from segregated sewers; (2) Water from fire

- fighting and deluge systems, including testing of such systems; (3) Spills; (4) Water from safety showers; (5) Samples of a size not greater than reasonably necessary for the method of analysis that is used ; (6) Equipment leaks;***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 490**  **of 511**  (7) Wastewater drips from procedures such as disconnecting hoses after cleaning lines; and (8) Noncontact cooling water.
Wastewater stream means a stream that contains only wastewater as defined in this section. Work practice stan dard

**Table 1 to Subpart HHHHHHH of Part 63 --**  **Emission Limits and Standards for Existing Affected**  **Sources** 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.

**For this type of**  **emission point...**  **And for this air pollutant...**  **And for an affected source**  **producing this**

**type of PVC**

**resin ...**  **You must meet this emission limit...**  PVC

- only process vent s a Vinyl chloride
.

. All resin types . 6.0 parts per million by volume (ppmv). Total hydrocarbons
. All resin types . 9.7 ppmv measured as propane. Total organic HAP b All resin types . . 56 ppmv. Hydrogen chloride
. All resin types . 78 ppmv. Dioxins/furans (toxic equivalency basis)
. All resin types . 0.038 nanograms per dry standard cubic meter ( ng/dscm )
. PVC

combined process vent s a Vinyl chloride
.

. All resin types . 1.1 ppmv. Total hydrocarbons
. All resin types . 4.2 ppmv measured as propane. Total organic HAP b All resin types . . 9.8 ppmv. Hydrogen chloride
. All resin types . 380 ppmv.***E.O. 12866 Review

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– D o Not Cite, Quote or Release Dur i ng Review*** **Page 491**  **of 511** 

**For this type of**  **emission point...**  **And for this air pollutant...**  **And for an affected source**  **producing this**

**type of PVC**

**resin ...**  **You must meet this emission limit...**  Dioxins/furans (toxic equivalency basis)
. All resin types . 0.051 ng/dscm.

Stripped resin
. Vinyl chloride
. Bulk resin
. 7.1 parts per million by weight (ppmw). Dispersion resin
. 1300 ppmw.
Suspension resin
. 37 ppmw.
Suspension blending resin
. 140 ppmw. Copolymer resin
. 790 ppmw. Total non

- vinyl chloride organic HAP . Bulk resin
. 170 ppmw. Dispersion resin
. 240 ppmw.
Suspension resin
. 670 ppmw.
Suspension blending resin
. 500 ppmw. Copolymer resin
. 1900 ppmw.
Process Wastewater . Vinyl chloride
. All resin types . 6.8 ppmw. Total non

- vinyl chloride organic HAP . All resin types . 110 ppmw.

a Emission limits at 3 percent oxygen, dry basis. b Total organic HAP is alternative compliance limit for THC
. **Table 2 to Subpart HHHHHHH of Part 63 --**  **Emission Limits and Standards for New Affected Sources** 
**For this type of**  **emission point...**  **And for this air pollutant...**  **And for an affected source**  **producing this**

**type of PVC**

**resin ...**  **You must meet thi s**  **emission limit...*****E.O. 12866 Review

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**For this type of**  **emission point...**  **And for this air pollutant...**  **And for an affected source**  **producing this**

**type of PVC**

**resin ...**  **You must meet thi s**  **emission limit...** PVC

- only process vents a Vinyl chloride
.

. All resin types
. 0.56 ppmv
. Total hydrocarbons. All resin types
. 7 .0 ppmv measured as propane. Total organic HAP b All resin types
.

. 5.5 ppmv. Hydrogen chloride All resin types
. 0.17 ppmv
. Dioxins/furans (toxic equivalency basis) All resin types
. 0.038 ng/dscm.

PVC

combined process vents a Vinyl chloride
.

. All resin types
. 0.56 ppmv. Total hydrocarbons
. All resin types
. 2.3 ppmv measured as propane. Total organic HAP b All resin types . . 5.5 ppmv. Hydrogen chloride
. All resin types
. 1.4 ppmv. Dioxins/furans (toxic equivalency basis)
. All resin types
. 0.034 nanograms per dry standard cubic meter ( ng/dscm )
. Stripped resin
. Vinyl chloride
. Bulk resin
. 7.1 parts per million by weight (ppmw). Dispersion resin
. 480 ppmw.
Suspension resin
. 7.3 ppmw.
Suspension blending resin
. 140 ppmw. Copolymer

– all resin types
. 790 ppmw. Total non

- vinyl chloride organic HAP . Bulk resin
. 170 ppmw. Dispersion resin
. 66 ppmw.
Suspension resin
. 15 ppmw.
Suspension blending resin
. 500 ppmw.***E.O. 12866 Review

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**For this type of**  **emission point...**  **And for this air pollutant...**  **And for an affected source**  **producing this**

**type of PVC**

**resin ...**  **You must meet thi s**  **emission limit...** Copolymer resin
. 1900 ppmw. Process Wastewate r . Vinyl chloride
. All resin types
. 0.28 ppmw. Total non

- vinyl chloride organic HAP . All resin types
. 0.018 ppmw.

a Emission limits at 3 percent oxygen, dry basis. b Total organic HAP is alternative compliance limit for THC
.
**Table 3 to Subpart HHHHHHH of Part 63 --**  **Summary of Control Requirements for Storage Vessels at New and Existing Sources** 

**If the storage vessel capacity (gallons) is...**  **And the vapor pressure**  **a (psia) is...**  **Then, you must use the following type of**  **storage vessel: ...** ≥ 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 b ≥ 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 b Any capacity
. . > 11.1 Pressure vessel c All other capacity and vapor pressure combinations
. . Fixed roof d

a Maximum true vapor pressure of total HAP at storage temperature. .

b If using a fixed roof storage vessel vented to a closed vent system and control device, you must meet the requirements in §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 §63.11910(b) for internal floating roof storage vessels or external floating roof storage vessels, as applicable.
c Meeting the requirements of §63.11 910(c) for pressure vessels. d Meeting the requirements in §63.11910(a) for fixed roof storage vessels.***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment** 
§63.1(a)(1)

- (a)(4), (a)(6), (a)(10)

- (a)(12), (b)(1), (b)(3), (c)(1), (c)(2) , (c)(5), (e) Applicability. Yes.

§63.1(a)(5), (a)(7)

- (a)(9), (b)(2), (c)(3), (c)(4), (d) [ Reserved ]. No.

§63.2 Definitions. Yes. Additional definitions are found in §63.12005. §63.3 Units and abbreviations. Yes. §63.4 (a)(1), (a)(2), (b), (c) Prohibited activities and circumvention. Yes.

§63.4 (a)(3)

- (a)(5) [Reserved]. No.
§63.5 (a), (b)(1), (b)(3), (b)(4), (b)(6), (d)

- (f) Preconstruction review and notification requirements. Yes.

§63.5 (b)(2), (b)(5), (c) [Reserved]. No.
§63.6(a), (b)(1)

- (b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1)(iii), (f)(2), (f)(3), (g), (i), (j) Compliance with standards and maintenance requirements. Yes. §63.11875 specifies compliance dates.***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment** 
§63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(2)(ii), (h)(3), (h)(5)(iv) [Reserved]
. No.

§63.6(e)(1)(i), (e)(1)(ii), (e)(3), (f)(1) Startup, shutdown, and malfunction provisions. No. See §63.11890(b) for general duty requirement.
§63.6(h)(1), (h)(2)(i), (h)(2)(iii), (h)(4), (h)(5)(i)

- (h)(5)(iii), (h)(5)(v), (h)(6)

- (h)(9) Compliance with opacity and visible emission standards. No. Subpart HHHHHHH does not specify opacity or visible emission standards.

§63.7(a)(1), (a)(2), (a)(3), ( a)(4), (b)

- (d), (e)(2)

- (e)(4), (f) , (g)(1), (g)(3), (h) Performance testing requirements. Yes.

§63.7(e)(1) Performance testing. No. See especially §63.11945 63.11960(d), 63.11980(a) §63.7( g )( 2 ) [Reserved]. No.***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment**  §63.8(a)(1), (a)(2), (a)(4), (b), (c)(1)(i), (c)(1)(ii), (c) (2)

- (c)(4), (c)(6)

- (c)(8) Monitoring requirements. Yes. Except cross reference in §63.8(c)(1)(i) to §63.6(e)(1) is replaced with a cross

reference to §63.11890(b). §63.8(a)(3) [Reserved]
. No. §63.8(c)(1)(iii ) Requirement to develop SSM plan for continuous monitoring systems. No.

§63.8(c)(5) Continuous opacity monitoring system minimum procedures. No. Subpart HHHHHHH does not have opacity or visible emission standards. §63.8(d) Written procedures for continuous monitoring systems. Yes, except for last sentence, which refers to an SSM plan. SSM plans are not required. §63.8( e ) Continuous monitoring systems performance evaluation. Yes.

§63.8( f ) Use of an alternative monitoring method. Yes.
§63.8(g) Reduction of monitoring data. Yes. Except that the minimum data collection requirements are specified in §63.11935(e).***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment** 
§63.9(a), (b)(1), (b)(2), (b)(4)(i), (b)(4)(v), ( b)(5), (c)

- (e), (g)(1), (g)(3), (h)(1)

- (h)(3), (h)(5), (h)(6), (i), (j) Notification requirements. Y es.

§63.9(f) Notification of opacity and visible emission observations. No. Subpart HHHHHHH does not have opacity or visible emission standards. §63.9(g)(2) Use of continuous opacity monitoring system data. No. Subpart HHHHHHH does not require the use of continuous opacity monitoring system. §63.9(b)(3), (b)(4)(ii)

- (iv), (h)(4) [Reserved]
. No.

§63.10(a), (b)(1) Recordkeeping and reporting requirements. Yes.
§63.10(b)(2)(i) Recordkeeping of occurrence and duration of startups and shutdowns. No.***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment**  §63.10(b)(2)(ii ) Recordkeeping of malfunctions. 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(c)(8 ) for deviation reporting. §63.10(b)(2)(ii i) Maintenance records. Yes.
§63.10(b)(2)(iv ), (b)(2)(v) Actions taken to minimize emissions during SSM. No.
§63.10(b)(2)(vi ) Recordkeeping for CMS malfunctions. Yes.
§63.10(b)(2)(vi i)

– (x) Other CMS requirements. Yes.
§63.10(b)(2)(xi )

- (xiv) Other recordkeeping requirements. Yes.
§63.10(b)(3) Recordkeeping requirement for applicability determinations. Yes.

§63.10(c)(1), (c)(5), (c)(6) Additional recordkeeping requirements for sources with continuous monitoring systems. Yes.

§63.10(c)(2)

– (4), (c)(9) [Reserved]
. No.
§63.10(c)(7) Additional recordkeeping requirements for CMS

– identifying exceedances and excess emissions during SSM
. Yes.***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment**  §63.10(c)(8) Additional recordkeeping requirements for CMS

– identifying exceedances and excess emissions. Yes.

§63.10(c)(10) Recording nature and cause of malfunctions. 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(c)(8 ) for deviation reporting. 63.10(c)(11) , (c)(12) Recording corrective actions
. 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(c)(8 ) for deviation reporting. §63.10(c)(13)

– (14) Records of the total process op erating time during the reporting period and procedures that are part of the continuous monitoring system quality control program. Yes.***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment**  §63.10(c)(15) Use SSM plan. No. §63.10(d)(1) General reporting requirements. Yes.
§63.10(d)(2) Performance test results. Yes. §63.10(d)(3) Opacity or visible emissions observations. No. Subpart HHHHHHH does not specify opacity or visible emission standards. §63.10(d)(4) Progress reports. Yes. §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(c)(8 ) for deviation reporting. §63.10(e)(1) Additional continuous monitoring system reports

— general. Yes.

§63.10(e)(2)(i) Results of continuous monitoring system performance evaluations. Yes.***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment**  §63.10(e)(2)(ii ) Results of continuous opacity monitoring system performance evaluations. No. Subpart HHHHHHH does not require the use of continuous opacity monitoring system. §63.10(e)(3) Excess emissions/continuous monitoring system performance reports. Yes.

§63.10(e)(4) Continuous opacity monitoring system data reports. No. Subpart HHHHHHH does not require the use of continuous opacity monitoring system. §63.10(f) Recordkeeping/reporting waiver. Yes.
63.11(a) Control device and work practice requirements

– applicability. Yes.

§63.11(b) Flares. No. Facilities subject to subpart HHHHHHH do not use flares as control devices, as specified in §63.11925(b). §63.11(c)

– (e) Alternative work practice for monitoring equipment for leaks. Yes.***E.O. 12866 Review

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**Citation Subject**  **Applies to subpart**  **HHHHHHH Comment**  §63.12 State authority and delegations. Yes. §63.12000 identifies types of approval authority that are not delegated. §63.13 Addresses. Yes. §63.14 Incorporations by reference. Yes. Subpart HHHHHHH incorporates material by reference. §63.15 Availability of information and confidentiality. Yes.

§63.16 Performance track provisions. Yes.

**Table 5 to Subpart HHHHHHH of Part 63 --**  **Operating Parameters, Operating Limits and Data Monitoring, Recording**  **and Compliance Frequencies for Process Vents** 
**For these**

**control devices, you**  **must monitor these**  **operating parameters**  **... Establish**  **the following**  **operating limit during**  **your initial performance**  **test ...**  **Monitor, record, and demonstrate continuous compliance us**  **ing these minimum frequencies.** 

**Data measurement**  **Data recording**  **Data averaging period for**  **compliance Process Vents**  **Any Control device** Flow to/from the control device
. N/A
. Continuous
. N/A
. Date and time of flow start and stop
. **Thermal Oxidizers*****E.O. 12866 Review

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**For these**

**control devices, you**  **must monitor these**  **operating parameters**  **... Establish**  **the following**  **operating limit during**  **your initial performance**  **test ...**  **Monitor, record, and demonstrate continuous compliance us**  **ing these minimum frequencies.** 

**Data measurement**  **Data recording**  **Data averaging period for**  **compliance** Temperature (in fire box or downstream ductwork prior to heat exchange)
. Minimum temperature . Continuous
. Every 15 minutes
. 3

- hour block average .

Temperature differential across catalyst bed
. Minimum temperature differential

. Continuous
. Every 15 minutes
. 3

- hour block average .
Inlet temperature to catalyst bed and catalyst condition
. Minimum inlet temperature and catalyst condition as specified in 63.11940 (b) (3)
. Continuous for temperature , annual for catalyst condition
. Every 15 minutes for temperature , annual for catalyst condition
. 3

- hour block average for temperature, annual for catalyst condition
.
**Absorbers and Acid Gas Scrubbers** Influent liquid flow
. Minimum inlet liquid flow
. Continuous
. Every 15 minutes
. 3

- hour block average . Influent liquid flow and gas stream flow
. Minimum influent liquid flow to gas stream flow ratio
. Continuous
. Every 15 minutes
. 3

- hour block average .

Pressure drop
. Minimum pressure drop
. Continuous
. Every 15 minutes
. 3

- hour block average . Exhaust gas temperature . Maximum exhaust gas temperature . Continuous
. Every 15 minutes
. 3

- hour block average . Change in specific gravity of scrubber liquid
. Minimum change in specific gravity
. Continuous
. Every 15 minutes
. 3

- hour block average .***E.O. 12866 Review

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**For these**

**control devices, you**  **must monitor these**  **operating parameters**  **... Establish**  **the following**  **operating limit during**  **your initial performance**  **test ...**  **Monitor, record, and demonstrate continuous compliance us**  **ing these minimum frequencies.** 

**Data measurement**  **Data recording**  **Data averaging period for**  **compliance** pH of effluent liquid
. Minimum pH
. Continuous
. Every 15 minutes
. 3

- hour block average . Causticity of effluent liquid
. Minimum causticity
. Continuous
. Every 15 minutes
. 3

- hour block average . Conductivity of effluent liquid
. Minimum conductivity

. Continuous
. Every 15 minutes
. 3

- hour block average . **Regenerative Adsorber** Regeneration stream flow
. Minimum total flow per regeneration cycle
. Continuous
. N/A
. Total flow for each regeneration cycle
. Adsorber bed temperature . Maximum temperature . Continuousl y after regeneratio n and within 15 minutes of completing any temperature regulation
. Every 15 minutes after regeneratio n and within 15 minutes of completing any temperature regulation
. 3

- hour block average .

Adsorber bed temperature . Minimum temperature . Continuousl y during regeneratio n ex cept during any temperature regulating portion of the regeneratio n cycle
. N/A
. Average of regeneration cycle
.***E.O. 12866 Review

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**For these**

**control devices, you**  **must monitor these**  **operating parameters**  **... Establish**  **the following**  **operating limit during**  **your initial performance**  **test ...**  **Monitor, record, and demonstrate continuous compliance us**  **ing these minimum frequencies.** 

**Data measurement**  **Data recording**  **Data averaging period for**  **compliance** Vacuum and duration of regeneration
. Minimum vacuum and period of time for regeneration

. Continuous
. N/A
. Average vacuum and duration of regeneration
.

Regeneration frequency
. Minimum regeneration frequency and duration
. Continuous
. N/A
. Date and time of regeneration start and stop
.
Adsorber operation valve sequencing and cycle time
. Correct valve sequencing and minimum cycle time
. Daily
. Daily
. N/A
.

**Non -**  **Regenerative Adsorber** Average adsorber bed life
. N/A
. Daily until breakthroug h for 3 adsorber bed change

outs . N/A
. N/A
.

Outlet VOC concentration of the first adsorber bed in series
. Limits in Table 1 or 2 of this subpart
. Daily, except monthly (if more than 2 months bed life remaining) or weekly (if more than 2 weeks bed life remaining)
. N/A
. Daily, weekly, or monthly
.

**Condenser** Temperature . Maximum outlet temperature . Continuous
. Every 15 minutes
. 3

- hour block average .***E.O. 12866 Review

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**Table 6 to Subpart HHHHHHH of Part 63**  **-- Toxic Equivalency Factors** 
**Dioxin/furan congener Toxic 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 O ctachlorodibenzofuran
. 0.0003 **Table 7 to Subpart HHHHHHH of Part 63 --**  **Calibration and Accuracy Requirements for Continuous Parameter Monitoring Systems**  **If you monitor this**  **parameter... Then your accuracy**  **requirements are... And your inspection /**  **calibration frequency**

**requirements are...** Temperature ( non cryogenic temperature ranges)
. ± 1 percent of temperature measured or 2.8 degrees Celsius (5 degrees Fahrenheit) whichever is greater
. Every 12 months.***E.O. 12866 Review

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**requirements are...** Temperature (cryogenic temperature ranges)
. ± 2.5 percent of temperature measured or 2.8 degrees Celsius (5 degrees Fahrenheit) whichever is greater
. Every 12 months.

Liquid flow rate . ± 2 percent of the normal range of flow
. Every 12 months.
You must s elect a measurement 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 . ± 5 percent of the flow rate or 10 cubic feet per minute, whichever is greater . Every 12 months
. Check all mechanical connections for leakage at least annually. 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
. ± 0.2 pH units
. Every 8 hours of process operation check the pH or caustic strength meter’s calibration on at least two points. Conductivity
. ± 5 percent of normal range . Every 12 months. Mass flow rate . ± 5 percent of normal range . Every 12 months.***E.O. 12866 Review

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**requirements are...** Pressure . ± 5 percent or 0.12 kilopascals (0.5 inches of water column) whichever is greater . Calibration is required every 12 months. Check all mechanical connections for 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 8 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 subpart for the**  **following pollutant... You must...**  **Using...** Total hydrocarbons
. Measure the total hydrocarbon concentration at the outlet of the final control device or in the stack
. Method 25A at 40 CFR part 60, appendix A

- 7. Conduct each test run for a minimum of 1 hour.

Total organic HAP
. Measure the total organic HAP concentration at the outlet of the final control device or in the stack
. Method 18 at 40 CFR part 60, appendix A

- 6 and ASTM D6420

- 99. Conduct each test run for a minimum of 1 hour. Method 320 at 40 CFR part 63 , appendix A and ASTM D6348

- 03
. C onduct each test run for a minimum of 1 hour. Vinyl chloride
. Measure the vinyl chloride concentration at the outlet of the final control device or in the stack
. Method 18 at 40 CFR part 60, appendix A

- 6. Conduct each test run for a minimum of 1 hour.***E.O. 12866 Review

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**For each control device used to meet**  **the emission limit in Table 1 or 2 to this**  **subpart for the following pollutant...**  **You must... Using...**  Hydrogen chloride
. Measure hydrogen chloride concentrations at the outlet of the final control device or in the stack
. Method 26 at 40 CFR part 60, appendix A

- 8, collect 60 dry standard liters of gas per test run; 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 concentrations on a toxic equivalency basis (and report total mass per isomer) at the outlet of the final control device or in the stack
. Method 23 at 40 CFR part 60, appendix A

- 7 and collect 5 dry standard cubic meters of gas per test run.

Any pollutant from a continuous, batch, or combination of continuous and batch process vent(s)
. Select sampling port locations and the number of traverse points
. Method 1 or 1A at 40 CFR part 60, appendix A

- 1. Determine gas velocity and volumetric flow rate . Method 2, 2A, 2C, 2D, 2F, or 2G at 40 CFR part 60, appendix A

- 1 and A

2
. Conduct gas molecular weight analysis and correct concentrations the specified percent oxygen in Table 1 or 2 to this subpart
. Method 3, 3A, or 3B at 40 CFR part 60, appendix A

- 2 using the same sampling site and time as HAP samples
. Measure gas moisture content . Method 4 at 40 CFR part 60, appendix A

- 3
. **Table 9 to Subpart HHHHHHH of Part 63**  **-- Procedures for Conducting**  **Sampling of Stripped Resin and Process Wastewater For**  **demonstrating ...**  **For the following**  **Collect samples according to the following schedule**  **...*****E.O. 12866 Review

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**and types of processes...**  **Vinyl chloride**  **... Total non**  **- vinyl**  **chloride organic**  **HAP ...**  **Each stripped resin stream** Initial compliance
. Continuous
. E very 8 hours or for each grade, whichever is more frequent during a 24 hour period
. E very 8 hours or for each grade, whichever is more frequent during a 24 hour period
.
Batch
. 1 grab sample for each batch produced during a 24 hour period
. 1 grab sample for each batch produced during a 24 hour period
.

Continuous compliance
. Continuous
. On a daily basis, 1 grab sample every 8 hours or for each grade, whichever is more frequent during a 24 hour period
. On a monthly basis, 1 grab sample every 8 hours or for each grade, whichever is more frequent during a 24 hour period
.

Batch
. On a daily basis, 1 grab sample for each batch produced during a 24 hour period
. On a monthly basis, 1 grab sample for each batch produced during a 24 hour period
.

**Each process wastewater stream** Initial compliance
. N/A
. 1 grab sample
. 1 grab sample
.

Continuous compliance
. N/A
. 1 grab sample per month
. 1 grab sample per month
.

**Table 10 to Subpart HHHHHHH of Part 63 --**  **HAP Subject to the Resin and Process Wastewater Provisions at New and Existing Sources** 

**CAS No.**  **HAP Analyte**  **c ategory**  **Test m**  **ethod*****E.O. 12866 Review

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107211 Ethylene glycol
. Alcohol
. SW

- 846 Method 8015C
. 67561 Methanol
. Alcohol
. SW

- 846 Method 8015C
. 75070 Acetaldehyde
. Aldehyde

. SW

- 846 Method 8315A
. 50000 Formaldehyde
. Aldehyde

. SW

- 846 Method 8315A
. 51285 2,4

- dinitrophenol
. SVOC
. SW

- 846 Method 8270D
. 98862 Acetophenone
. SVOC
. SW

- 846 Method 8270D
. 117817 Bis(2

- ethylhexyl) phthalate (DEHP)
. SVOC
. SW

- 846 Method 8270D
. 123319 Hydroquinone
. SVOC
. SW

- 846 Method 8270D
. 108952 Phenol
. SVOC
. SW

- 846 Method 8270D
. 79345 1,1,2,2

- tetrachloroethane
. VOC
. SW

- 846 Method 8260B
. 106990 1,3

- butadiene
. VOC SW

- 846 Method 8260B
. 540841 2,2,4

- trimethylpentane
. VOC
. SW

- 846 Method 8260B
. 71432 Benzene . VOC
. SW

- 846 Method 8260B
. 108907 Chlorobenzene
. VOC
. SW

- 846 Method 8260B
. 67663 Chloroform
. VOC
. SW

- 846 Method 8260B
. 126998 Chloroprene
. VOC
. SW

- 846 Method 8260B
. 98828 Cumene
. VOC
. SW

- 846 Method 8260B
. 75003 Ethyl chloride (Chloroethane)
. VOC
. SW

- 846 Method 8260B
. 100414 Ethylbenzene
. VOC
. SW

- 846 Method 8260B
. 107062 Ethylene dichloride (1,2

- Dichloroethane)
. VOC
. SW

- 846 Method 8260B
. 75343 Ethylidene dichloride (1,1

- Dichloroethane)
. VOC
. SW

- 846 Method 8260B
. 74873 Methyl chloride (Chloromethane)
. VOC
. SW

- 846 Method 8260B
. 75092 Methylene chloride
. VOC
. SW

- 846 Method 8260B
. 110543 n - Hexane . VOC
. SW

- 846 Method 8260B
. 108883 Toluene
. VOC
. SW

- 846 Method 8260B
. 71556/ 79005 Trichloroethane
. VOC
. SW

- 846 Method 8260B
. 108054 Vinyl acetate
. VOC
. SW

- 846 Method 8260B
. 593602 Vinyl bromide
. VOC
. SW

- 846 Method 8260B
. 75014 Vinyl chloride
. VOC
. EPA Method 107
. 75354 Vinylidene chloride (1,1

- Dichloroethylene)
. VOC
. SW

- 846 Method 8260B
. 133020 7 Xylenes (isomers and mixtures)
. VOC
. SW

- 846 Method 8260B
.