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OAR Box 1706 

Prepped by Ollie Stewart 

Document Number: 

45) IV-E-6 

Docket Number: 

A-98-13 

Printed 10/8/2008 10:25:09 AM Sheet 45 of 142 
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- 4 2003 \\l-E~o(> 

. December 30, 2002 • 

Subject: Notes from December 27, 2002 teleconference with ACC on proposed OLD MACT 

From: KC Hustvedt, Group Leader, WCPG 

To: Project files 

I met with several ACC members (see attached list) over the phone to discuss the November 

2002 Outstanding Issues list from ACC on the proposed OLD MACT standard. I explained to them 

that all I could speak to were project team recommendations because we have not briefed EPA 

management and we have not had detailed discussion on the issues with our Office of General Counsel. 

The following summarizes the discussion: 

1. Overlap - We plan to use the standard standards as much as possible in the final rule. 

2. OLD Applicability/Affected Source Diagram and Applicability and Affected Source - ACC 

believes the throughput applicability cutoff should be based on the affected source and that only 

leaking equipment that are associated with affected storage or loading racks should be subject 

to the requirements. They make several other recommendations on what should be included 

and excluded from the affected source. We will review their recommendations and clarify the 

basis for the throughput cutoff in the final rule, including how we will deal with the incoming 

loading racks which were proposed to be not part ofthe affected source. 

3. Emission Limitations and Work Practice Standards - ACC would like us to always refer to 

Table 1 HAP rather than generically referring to HAP. I explained that I thought that was okay 

but I would have to check. ACC would like us to allow vapor balancing for loading racks as 

we have in several other rules. I explained that it was our intent to be consistent with other 

rules so we will add this option. ACC would like portable tanks (1000 gallons and smaller) to 

be excluded from the cargo tank standards. I explained that I am not familiar with this issue. 

They referred me to their detailed comments for more explanation. 

4. Testing. Initial and Continuous Compliance Requirements - ACC would like to use more 

appropriate methods for making the HAP determinations. I agreed that we would expand the 

list of methods. I also said I would check in on EMC's list of preferred test methods for each 

ofthe HAP to see if there was a published list of HAP-specific test methods that we could 

point to. ACC would also like to use process knowledge to demonstrate that liquids are less 

than the 5% HAP cutoff. I agreed that we can make that an option but that the rule would need 

to be clear that if there was a disagreement as to the HAP content of a stream, testing would 

need to be performed to determine the HAP content. ACC replied that they would agree to 

that. ACC also requested significant reductions in the records and reports required by the rule. 

I said I would review the requirements. 
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Implementation - ACC would like for us to allow compliance with existing rules such as Part 60 

subpart Kb for tanks to be used to replace compliance with OLD MACT. I explained that we 

allow other rules to point to MACT as an alternative, but that we did not point from MACT to 

other rules. They said what they were recommending was from the HON and other rules. I 

said I would look into it.