3276 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6513–4]

RIN 2060–AE36

National Emission Standards for

Hazardous Air Pollutants for Amino/

Phenolic Resins Production

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action promulgates

national emission standards for

hazardous air pollutants (NESHAP) to

reduce emissions of hazardous air

pollutants (HAPs) from existing and

new facilities that manufacture amino or

phenolic resins. The EPA has identified

these facilities as major sources of HAPs

emissions. These final standards are

estimated to reduce organic HAP

emissions from major existing sources

by 361 tons per year, representing a 51

percent reduction from baseline

emissions. This estimate is presented for

40 major existing facilities only, since

no new facilities are projected to be

constructed in the next three years. The

major HAPs emitted by sources covered

by the final rule include formaldehyde,

methanol, phenol, xylene, and toluene.

This rule implements section 112(d) of

the Clean Air Act Amendments of 1990

(CAA) and is based on the

Administrator’s determination that the

Amino/Phenolic Resins Production

source category emits HAPs identified

on the list of HAPs in CAA section

112(b). The emissions reductions

achieved by these standards, when

combined with the emissions reductions

achieved by other similar standards,

will provide protection to the public

and achieve a primary goal of the CAA.

This action also announces a final

change to the source category list to

combine the Amino Resins and

Phenolic Resins source categories into

one category: the Amino/Phenolic

Resins Production source category.

EFFECTIVE DATE: January 20, 2000. See

the SUPPLEMENTARY INFORMATION section

concerning judicial review.

ADDRESSES: Docket. Docket No. A–92–

19 contains supporting information

used in developing the standards and is

located at the U.S. Environmental

Protection Agency, 401 M Street SW,

Washington, D.C. 20460 in Room M–

1500, Waterside Mall (ground floor),

and may be inspected from 8:30 a.m. to

5:30 p.m., Monday through Friday,

excluding legal holidays.

Background Information Document.

The background information document

(BID) containing a summary of all the

public comments received on the

proposed rule and the Administrator’s

responses to comments may be obtained

from the docket for this rule or through

the Internet at http://www.epa.gov/ttn/

oarpg, or from the U.S. Environmental

Protection Agency Library (MD–35),

Research Triangle Park, North Carolina

27711, telephone (919) 541–2777. The

responses provided in section VII of this

preamble to significant comments

received on the rule are abbreviated. A

full discussion of the comments and our

responses to them can be found in the

BID.

FOR FURTHER INFORMATION CONTACT: For

information concerning this rule,

contact Mr. John Schaefer, US EPA,

Office of Air Quality Planning and

Standards, Research Triangle Park, NC

27711, telephone (919) 541–0296, email: schaefer.john@epa.gov. For

information concerning applicability

and rule determinations, contact your

State or local representative or the

appropriate EPA Regional Office

representatives.

SUPPLEMENTARY INFORMATION:

Docket. The docket is an organized

and complete file of all the information

considered by the EPA in the

development of this rulemaking. The

docket is a dynamic file because

material is added throughout the

rulemaking process. The docketing

system is intended to allow members of

the public and industries involved to

readily identify and locate documents

so that they can effectively participate

in the rulemaking process. Along with

the proposed and promulgated

standards and their preambles, the

contents of the docket will serve as the

record in case of judicial review. (See

section 307(d)(7)(A) of the CAA.) The

regulatory text and other materials

related to this rulemaking are available

for review in the docket or copies may

be mailed on request from the Air

Docket by calling (202) 260–7548. A

reasonable fee may be charged for

copying docket materials.

Technology Transfer Network. In

addition to being available in the

docket, an electronic copy of today’s

final rule is also available through the

Technology Transfer Network (TTN).

Following signature, a copy of the rule

will be posted on the TTN’s policy and

guidance page for newly proposed or

promulgated rules via the internet at

http://www.epa.gov/ttn/oarpg. The TTN

provides information and technology

exchange in various areas of air

pollution control. If more information

regarding the TTN is needed, call the

TTN Help Line at (919) 541–5384.

EPA Regional Offices

Director, Office of Environmental

Stewardship, Attn: Air Compliance

Clerk, U.S. EPA Region I, 1 Congress

Street, Suite 1100 (SEA), Boston, MA

02114–2023, (617) 918–1740

Umesh Dholakia, U.S. EPA Region II,

290 Broadway Street, New York, NY,

10007–1866, (212) 637–4023

Dianne Walker, U.S. EPA Region III,

1650 Arch Street, Philadelphia, PA

19103, (215) 814–3297

Lee Page, U.S. EPA Region IV, Atlanta

Federal Center, 61 Forsyth Street, SW,

Atlanta, GA 30303–3104, (404) 562–

9131

Bruce Varner, U.S. EPA Region V, 77

West Jackson Boulevard, Chicago, IL

60604–3507, (312) 886–6793

Jim Yang (6EN–AT), U.S. EPA Region

VI, First Interstate Bank Tower, 1445

Ross Avenue, Suite 1200, Dallas, TX

75202, (214) 665–7578

Gary Schlicht, U.S. EPA Region VII, 726

Minnesota Avenue, Kansas City, KS

66101, (913) 551–7097

Tami Thomas-Burton, U.S. EPA Region

VIII, 999 18th Street, Suite 500,

Denver, CO 80202, (303) 312–6581

Ken Bigos, U.S. EPA Region IX, 75

Hawthorne Street, San Francisco, CA

94105, (415) 744–1200

Dan Meyer, U.S. EPA Region X, 1200

Sixth Street, Seattle, WA 98101, (206)

553–4150

Regulated Entities. Categories and

entities potentially regulated by this

action include:

Category Standard Industrial Classification (SIC) codes North American Classification System

(NAICS) codes Examples of regulated entities

Industry .................................................. Typically, 2821 ...................................... Typically, 325211 .................................. Facilities which manufacture amino/

phenolic resins.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. To determine

whether your facility is regulated by this

action, you should examine the

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3277

applicability criteria in section 63.1400

of 40 CFR part 63. If you have questions

regarding the applicability of this action

to a particular entity, consult the

persons listed in the preceding

SUPPLEMENTARY INFORMATION section.

Judicial Review. Under section

307(b)(1) of the CAA, judicial review of

this rule is available only by filing a

petition for review in the United States

Court of Appeals for the District of

Columbia Circuit by March 20, 2000.

Under section 307(b)(2) of the CAA, the

requirements established by today’s

promulgated rule may not be challenged

later in any civil or criminal

proceedings brought by EPA to enforce

these requirements.

Outline. The information presented in

this preamble is organized as follows:

I. What is the Subject and Purpose of This

Rule?

II. Does This Rule Apply to Me?

III. What Procedures Did We Follow To

Develop the Rule?

A. Source of Authority and Criteria for

NESHAPs Development

B. Regulatory Background

IV. What Are the Requirements of the Rule?

A. Summary of the Standards

B. Compliance and Performance Test

Provisions

C. Monitoring Requirements

D. Recordkeeping and Reporting

Requirements

V. What Did We Consider in Developing the

Rule?

A. Relationship to Other Rules

B. Stakeholder and Public Participation

VI. What Are the Impacts of the Standards?

A. Primary Air Impacts

B. Non-Air Environmental Impacts

C. Energy Impacts

D. Cost Impacts

E. Economic Impacts

VII. What Significant Comments Did We

Consider and What Major Changes Did

We Make to the Proposed Standards?

VIII. What Are the Administrative

Requirements of the Rule?

A. Executive Order 12866

B. Executive Order 13084

C. Executive Order 13045

D. Executive Order 13132

E. Unfunded Mandates Reform Act

F. Regulatory Flexibility

G. Paperwork Reduction Act

H. National Technology Transfer and

Advancement Act

I. Congressional Review Act

I. What is the Subject and Purpose of

This Rule?

On July 16, 1992 (57 FR 31576), we

published an initial list of major and

area source categories to be regulated for

emissions of HAPs. The Amino Resins

Production and Phenolic Resins

Production source categories were

recorded separately on that initial list.

As we discussed in the proposal

preamble (63 FR 68833), the

manufacturing processes, the emission

characteristics, and applicable control

technologies for facilities in these two

source categories are similar. Also,

commenters on the proposed rule

generally agreed that these two source

categories should be regulated as one

category. Based on these factors, we are

announcing the final action to revise the

source category list, published under

section 112(c) of the CAA, to combine

the Amino Resins Production and the

Phenolic Resins Production source

categories into a new category called

‘‘Amino/Phenolic Resins Production.’’

This rule protects air quality and

promotes the public health by reducing

emissions of some of the HAPs listed in

section 112(b)(1) of the CAA. The HAPs

emitted by amino/phenolic resin

facilities include formaldehyde,

methanol, phenol, toluene, and xylene.

Exposure to these compounds at certain

levels has been demonstrated to cause

adverse health effects, including chronic

health disorders (e.g., cancer, aplastic

anemia, pulmonary (lung) structural

changes), acute health disorders (e.g.,

dyspnea (difficulty in breathing)), and

neurotoxic effects.

Formaldehyde is the only HAP

associated with this source category that

has been classified as a probable human

carcinogen (Group B1). Both acute

(short-term) and chronic (long-term)

exposure to formaldehyde irritates the

eyes, nose, and throat, and may cause

coughing, chest pains, and bronchitis.

Reproductive effects, such as menstrual

disorders and pregnancy problems, have

been reported in female workers

exposed to formaldehyde. Limited

human studies have reported an

association between formaldehyde

exposure and lung and nasopharyngeal

cancer. Animal inhalation studies have

reported an increased incidence of nasal

squamous cell cancer.

Short-term exposure to methanol by

humans through inhalation or ingestion

may result in visual disturbances such

as blurred or dim vision, leading to

blindness. Damage to the nervous

system, including permanent motor

dysfunction, may also result. Long-term

inhalation or oral exposure to methanol

may cause conjunctivitis, headache,

giddiness, insomnia, gastric

disturbances, visual disturbances, and

blindness in humans. No information is

available on the reproductive or

developmental effects of methanol in

humans. Birth defects have been

observed in the offspring of rats exposed

to methanol by inhalation.

Inhalation and dermal exposure to

phenol is highly irritating to the skin,

eyes, and mucous membranes in

humans. Oral exposure to phenol may

cause muscle weakness and tremors,

loss of coordination, paralysis,

convulsions, coma, and respiratory

arrest. Limited studies on chronic

inhalation exposure to phenol in

humans have reported liver injury and

effects on the heart. No studies of

developmental or reproductive effects of

phenol in humans are available, but

animal studies have reported reduced

fetal body weights, growth retardation,

and abnormal development in the

offspring of animals exposed to phenol

by the oral route.

Short-term inhalation of mixed

xylenes (a mixture of three closelyrelated compounds) in humans may

cause irritation of the nose and throat,

nausea, vomiting, gastric irritation, mild

transient eye irritation, and neurological

effects. Long-term inhalation of xylenes

in humans may result in nervous system

effects such as headache, dizziness,

fatigue, tremors, and incoordination.

Other reported effects include labored

breathing, heart palpitation, severe chest

pain, abnormal electrocardiograms, and

possible effects on the blood and

kidneys.

Acute inhalation of toluene by

humans may cause effects to the central

nervous system (CNS), such as fatigue,

sleepiness, headache, nausea, and

irregular heartbeat. Adverse CNS effects

have been reported in chronic abusers

exposed to high levels of toluene.

Symptoms include tremors, decreased

brain size, involuntary eye movements,

and impaired speech, hearing, and

vision. Chronic inhalation exposure by

humans to lower levels of toluene also

causes irritation of the upper respiratory

tract, eye irritation, sore throat, nausea,

dizziness, headaches, and difficulty

with sleep. Studies of children of

pregnant women exposed by inhalation

to toluene or to mixed solvents have

reported CNS problems, facial and limb

abnormalities, and delayed

development. However, these effects

may not be attributable to toluene alone.

As stated in the proposal preamble,

we do not have the type of current

detailed data on each of the amino/

phenolic resin facilities covered by the

rule, and the people living around the

facilities, that would be necessary to

conduct an analysis to determine the

actual population exposures to the

HAPs emitted from these facilities and

potential for resultant health effects.

II. Does This Rule Apply to Me?

This rule applies to you if you own

or operate a amino/phenolic resins

production unit that is located at a

facility that is a major source of HAPs

emissions. You do not have to comply

with the rule if your facility is a nonVerDate 04<JAN>2000 21:28 Jan 19, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\20JAR2.XXX pfrm01 PsN: 20JAR2
3278 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

major (area) source. If your facility is a

major source under this rule, each group

of one or more amino/phenolic resin

process units (APPU), plus heat

exchange systems and equipment used

to comply with the rule such as control

and recovery devices, are subject to the

rule. Each group of one or more APPU

and associated equipment is known as

the affected source. You are required to

meet the standards for organic HAPs

emissions from the following emission

points at affected sources: storage

vessels, continuous process vents, batch

process vents (reactor and non-reactor),

heat exchange systems, and equipment

leaks. These standards apply to existing

and new affected sources.

III. What Procedures Did We Follow To

Develop the Rule?

A. Source of Authority and Criteria for

NESHAPs Development

Section 112 of the CAA gives us the

authority to establish national standards

to reduce air emissions from major

sources that emit one or more HAPs.

Section 112(b) of the CAA lists 188

chemicals, compounds, or groups of

chemicals as HAPs. This rule

implements section 112(d) of the Act,

which requires us to regulate sources of

HAPs listed in section 112(b) of the

CAA.

Section 112(a)(1) of the CAA defines

a major source as:

* * * any stationary source or group of

stationary sources 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.

***

Section 112(d) requires us to develop

standards to control HAPs emissions

from both new and existing sources. The

statute requires the standards to reflect

the maximum degree of reduction in

HAPs emissions that is achievable. This

control level is referred to as maximum

achievable control technology (MACT).

New source MACT must be at least as

stringent as ‘‘the emission control

achieved in practice by the best

controlled similar source.’’ Existing

source MACT must be at least as

stringent as ‘‘the average emission

limitation achieved by the best

performing 12 percent of the existing

sources (for which the Administrator

has emissions information).’’ These

minimum stringency levels are known

as ‘‘MACT floors.’’ Consideration of

control levels more stringent than the

MACT floor must reflect consideration

of the cost of achieving the emission

reduction, any non-air quality health

and environmental impacts, and energy

requirements. Section 112(h) identifies

two conditions under which it is not

considered feasible to prescribe or

enforce emission standards. These

conditions include (1) if the HAPs

cannot be emitted through a conveyance

device, or (2) if the application of

measurement methodology to a

particular class of sources is not

practicable due to technological or

economic limitations. If emission

standards are not feasible to prescribe or

enforce, then the Administrator may

instead promulgate equipment, work

practice, design, or operational

standards, or a combination thereof.

B. Regulatory Background

We proposed the standards in the

Federal Register on December 14, 1998

(63 FR 68832). In the proposal

preamble, we described the approach

used to collect and evaluate information

pertaining to the MACT floor. As

required by the statute (section 112(d)(2)

of the Act), we considered regulatory

alternatives more stringent than the

MACT floor:

* * * taking into consideration the cost of

achieving such emission reduction, and any

non-air quality health and environmental

impacts and energy requirements. * * *

In section VII of this preamble, we

present major comments and changes

made to the proposed rule for reactor

and non-reactor batch process vents,

continuous process vents, storage

vessels, equipment leaks, wastewater,

and heat exchange systems.

For the final rule, we used the Generic

MACT (GMACT) (40 CFR part 63,

subparts SS, UU, and WW) for

continuous process vents, equipment

leaks, and storage tanks. We modeled

the batch process vent provisions after

the Group IV Polymers and Resins

NESHAP (40 CFR part 63, subpart JJJ).

In December 1996, petitions for review

of the promulgated rules for the Group

I and IV Polymers and Resins NESHAP

were filed. The petitioners raised many

technical issues and concerns with the

drafting clarity of these rules. On March

9, 1999 (64 FR 11560), we proposed

correcting amendments to these rules to

address the petitioners’ issues and any

inconsistencies that were discovered

during the review process. For purposes

of clarity and consistency, we

incorporated several changes from the

March 9 proposal into this rule. The BID

contains a summary of the litigationbased changes that were proposed to the

Group IV Polymers and Resins NESHAP

that are applicable to this rule.

IV. What are the requirements of the

Rule?

A. Summary of the Standards

We are summarizing the promulgated

standards for new and existing affected

sources in Table 1 and Table 2,

respectively. The tables below present

the standards by emission point and

present the alternative organic HAPs

emission limit of 50 parts per million by

volume (ppmv), or 20 ppmv outlet

organic HAPs concentration for

combustion devices.

You must comply with the standards

for existing affected sources 3 years

from the effective date of the rule. You

must comply with the standards for new

affected sources upon start-up.

TABLE 1.—STANDARDS FOR NEW AFFECTED SOURCES

Emission point Applicability criteria Standard

Storage Vessels ................................................. Vessels with capacities of 50,000 gallons or

greater with vapor pressures of 2.45 psia or

greater

Vessels with capacities of 90,000 gallons or

greater with vapor pressures of 0.15 psia or

greater

95 percent reduction

OR

alternative standard of venting to a control device continuously achieving a 50 ppmv outlet organic HAPs concentration or 20 ppmv

outlet organic HAPs concentration for combustion devices.

Continuous Process Vents ................................. Process vents with a TRE value less than or

equal to 1.2

85 percent reduction

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3279

TABLE 1.—STANDARDS FOR NEW AFFECTED SOURCES—Continued

Emission point Applicability criteria Standard

OR

alternative standard of venting to a control device continuously achieving a 50 ppmv outlet

organic HAPs concentration or 20 ppmv outlet organic HAPs

concentration for combustion devices.

Reactor Batch Process Vents ............................ No applicability criteria, all reactor batch process vents are subject to control95 percent reduction over the batch cycle

OR

0.0004 lb of HAPs per 1,000 lbs of product

produced and 0.045 lb of HAPs per 1,000

lbs of solvent-based product

OR

alternative standard of venting to a control device continuously achieving a 50 ppmv outlet organic HAPs concentration or 20 ppmv

outlet organic HAPs concentration for combustion devices.

Non-Reactor Batch Process Vents .................... Uncontrolled emissions from the collection of

non-reactor batch process vents within the

affected source greater than or equal to

0.25 tpy

76 percent reduction for the collection of nonreactor batch process vents within the affected source

OR

alternative standard of venting to a control device continuously achieving a 50 ppmv outlet organic HAPs concentration or 20 ppmv

outlet organic HAPs

concentration for combustion devices.

Heat Exchange Systems .................................... No applicability criteria Monitor for leaks.

Equipment Leaks ................................................ The equipment contains or contacts ≥5

weight-percent organic HAP,

and

operates ≥300 hours per year

Comply with subpart UU leak detection and

repair program.

TABLE 2.—STANDARDS FOR EXISTING AFFECTED SOURCES

Emission point Applicability criteria Standard

Storage Vessels ................................................. Not applicable. No control requirements.

Continuous Process Vents ................................. Not applicable. No control requirements.

Reactor Batch Process Vents ............................ No applicability criteria, all reactor batch process vents are subject to control.83 percent reduction over the batch cycle OR

0.0057 lbs of HAPs per 1,000 lbs of product

produced and 0.0567 lb of HAPs per 1,000

lbs of solvent-based product

OR

alternative standard of venting to a control device continuously achieving a 50 ppmv outlet organic HAPs

concentration or 20 ppmv outlet organic HAPs

concentration for combustion devices.

Non-Reactor Batch Process Vents .................... Uncontrolled emissions from collection of nonreactor batch process vents within the affected source greater than or equal to 0.25

tpy.

62 percent reduction for collection of non-reactor batch process vents within the affected source

OR

alternative standard of venting to a control device continuously achieving a 50 ppmv outlet organic HAPs

concentration or 20 ppmv outlet organic HAPs

concentration for combustion devices.

Heat Exchange Systems .................................... No applicability criteria. Monitor for leaks.

Equipment Leaks ................................................ The equipment contains or contacts ≥5

weight-percent organic HAP, and operates

≥300 hours per year.

Comply with subpart UU leak detection and

repair program.

1. Alternative Standard

As an alternative to the standards

presented above for storage vessels,

continuous process vents, reactor batch

process vents, and non-reactor batch

process vents, you can choose to meet

an alternative emission limit. Under the

alternative emission limit, emissions

requiring control may be vented to a

control device continuously achieving

an outlet concentration of 50 ppmv of

organic HAPs or an outlet concentration

of 20 ppmv of organic HAPs for

combustion devices.

3280 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

2. Aggregating Batch Process Vent

Streams

Batch process vent streams may be

combined and controlled at the same

level as required for an individual

reactor batch process vent.

3. Pollution Prevention Alternatives

For some batch emission episodes,

you can operate a condenser as a

process condenser for some episodes

and as a control device for other batch

emission episodes (e.g., gassing

operations), provided that certain

pollution-prevention measures are

taken.

Also, you can use process

modifications ( e.g., reduced purge rate

on a reactor vessel) to reduce emissions

from new and existing affected sources.

You can take credit toward the emission

reduction requirements as part of

demonstrating compliance through the

permitting process.

B. Compliance and Performance Test

Provisions

We based the compliance and

performance test provisions on the

Hazardous Organic NESHAP (HON),

with the following exceptions. First, test

methods are different because of the

specific HAPs emitted by resins

facilities. Second, the specific

provisions for batch process vents are

based on the provisions from the

promulgated Group IV Polymers and

Resins NESHAP (40 CFR part 63,

subpart JJJ).

We added the following test methods

for determining compliance specifically

for formaldehyde: Method 316 (a

manual method) and Method 320 (a

Fourier Transform Infrared

Spectroscopy (FTIR) method). You must

use either Method 18 or Method 308 for

testing for methanol.

Under the rule, if you have control

devices receiving 10 tons per year (tpy)

(9.1 Mg/yr) or less of uncontrolled HAPs

emissions, you are not required to

conduct a performance test and instead

may perform a design evaluation to

demonstrate initial compliance with the

rule. Compliance requirements for each

type of emission point are discussed

briefly in the following paragraphs.

1. Storage Vessels

The standards for new storage vessels

refer directly to the Generic MACT

storage vessel provisions (40 CFR part

63, subpart WW). The control status of

storage vessels is determined based on

the storage vessel capacity and vapor

pressure of the stored material. Vessels

with capacities of 50,000 gallons or

greater with vapor pressures of 2.45

pounds per square inch absolute (psia)

or greater, and vessels with capacities of

90,000 gallons or greater with vapor

pressures of 0.15 psia or greater, are

required to reduce emissions of HAPs

by 95 percent.

Compliance demonstration provisions

include initial and periodic visual

inspections of vessels, roof seals, and

fittings, as well as internal inspections.

If you choose to comply with the

alternative standard for storage vessels

using a control device, you must

conduct a performance test as specified

in the rule to show initial compliance

with the standard. Existing storage

vessels are not required to be controlled.

2. Continuous Process Vents

The standards for continuous process

vents refer directly to the Generic

MACT closed vent system provisions

(40 CFR part 63, subpart SS) for

compliance provisions. At new affected

sources, continuous process vents with

a total resource effectivess (TRE) index

value less than or equal to 1.2 must

reduce emissions by 85 percent. The

TRE calculation involves an emissions

test or engineering assessment.

3. Batch Process Vents

Compliance is demonstrated by

showing that, over a batch cycle for an

individual reactor, the specified percent

reduction is achieved. If a collection of

reactor vents is sent to the same control

device, compliance is demonstrated by

showing the specified percent reduction

is achieved over a representative period

of time. To demonstrate this, you must

develop an emissions profile that

identifies each batch emission episode

included in the batch process vent, and

characterizes emissions from each batch

emission episode on a mass emitted per

unit time basis. Using this emissions

profile, you must show that the periods

of under-control and over-control of

emissions balance and the batch cycle

percent reduction, or the overall percent

reduction, is achieved. The rule

contains procedures for estimating

emissions from individual batch

emission episodes, estimating control

device efficiency, and for demonstrating

that the required percent reduction is

achieved.

Procedures for demonstrating

compliance with the alternative pound

of HAPs per 1,000 pounds of product

emission limit are also included in the

rule.

4. Heat Exchange Systems

There are no performance test

requirements for heat exchange systems.

Compliance is demonstrated through

the monitoring of cooling water to

detect leaks in heat exchange systems. If

a leak is detected, you must repair the

heat exchange system.

5. Equipment Leaks

The standards for equipment leaks

refer directly to the Generic MACT

equipment leak provisions (40 CFR part

63, subpart UU). We retained the use of

Method 21 in the rule to detect leaks.

Method 21 requires a portable organic

vapor analyzer to monitor for leaks from

equipment in use. A ‘‘leak’’ is a

concentration specified in the rule for

the type of equipment being monitored.

In the rule, we require the use of

Method 18 to determine the organic

content of a process stream.

6. Alternative Standard

a. Initial Compliance Demonstration.

The alternative emission limit for

storage vessels, continuous process

vents, reactor batch process vents, and

non-reactor batch process vents differs

from the 50 ppmv, or 20 ppmv for

combustion devices organic HAP outlet

concentration alternative that

accompanies the percent reduction

requirements for storage vessels and

continuous process vents in that a

performance test specific to an

individual emission point is not

required. Instead, an initial

demonstration that the control device

continuously achieves an organic HAP

outlet concentration equal to or less

than 50 ppmv, or 20 ppmv for

combustion devices is required.

b. Continuous Monitoring Device. An

owner or operator may also comply with

the 50 ppmv or 20 ppmv for a

combustion device organic HAP outlet

concentration limit through the use of a

continuous emission monitor. An initial

compliance demonstration or

parametric monitoring is not required to

comply with this alternative. Instead, an

FTIR is used to continuously

demonstrate that a control device

achieves the required organic HAP

outlet concentration.

C. Monitoring Requirements

After initial compliance is achieved,

we require monitoring of HAPs

emissions and control and recovery

device operating parameters. Under the

alternative standard, HAPs emissions

are monitored directly as part of the

outlet organic HAPs concentration of 50

ppmv, or 20 ppmv for combustion

devices. Control device operating

parameters are monitored as part of

complying with the percent reduction

requirements of the rule. The quantity of

resin produced and resulting emissions

are monitored as part of complying with

the pound of HAPs per 1,000 pounds of

resin product emission limits for reactor

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3281

batch process vents. Emissions per

batch cycle are initially determined

based on emission estimation equations

provided in the rule, direct

measurement, or engineering

assessment, depending on certain

criteria in the rule. You may determine

continuous compliance based on these

initial emission estimates until a

process change makes them no longer

appropriate.

We require continuous parameter

monitoring for control devices, except

where the control device receives less

than 1 ton per year of uncontrolled

HAPs. In these cases, you must conduct

a daily or per batch demonstration to

demonstrate that the control device is

operating properly. Additionally, if you

have control devices serving storage

vessels, you are not required to conduct

continuous parameter monitoring unless

you specify continuous monitoring in

the monitoring plan required by the

referenced 40 CFR part 63, subpart SS

provisions. However, if you use a

control device for a storage vessel, you

must identify the appropriate

monitoring procedures to be followed

for compliance demonstration purposes.

Further, if a control device serves both

a storage vessel(s) and another emission

point subject to the rule, the control

device is subject to continuous

parameter monitoring if the other

emission point is subject to continuous

parameter monitoring.

You must monitor parameters when

emissions are vented to the control

device. The rule directly references the

40 CFR part 63, subpart SS monitoring

requirements for continuous process

vents and storage vessels. However,

there are general monitoring

requirements specified in the rule (e.g.,

establishment of parameter monitoring

levels) that apply to all emission points.

In the rule, we identify parameters to

be monitored for most control devices

expected to be used for emission points

regulated by the rule. Parameter

monitoring levels are established based

on design evaluation for control devices

with uncontrolled emissions less than

10 tons per year. For all other control

devices required to conduct continuous

parameter monitoring, parameter

monitoring levels are established based

on a performance test, but can be

supplemented by manufacturer’s

recommendations and/or an engineering

assessment. If you choose to supplement

results of the performance test using

manufacturer’s recommendations and/

or engineering assessment, the

established parameter monitoring level

is subject to review and approval by the

Administrator.

You can determine parameter

monitoring averages based on all

recorded values except for values

recorded under certain conditions, for

example, under conditions of start-up,

shutdown, or malfunction. Parameter

averages must be daily averages for

control devices serving continuous

process vents, storage vessels (if

required), or equipment leaks.

Parameter averages may be either batch

cycle daily averages or block averages

for batch process vents. Parameter

averages based on batch cycle daily

averages cover a 24-hour period, based

on the defined operating day, and may

or may not cover multiple batch cycles

for the batch process vent. A batch cycle

daily average may also cover partial

batch cycles and, therefore, we require

that you provide the information

required to calculate parameter

monitoring compliance for partial batch

cycles. Parameter averages based on

block averages cover the complete batch

cycle, regardless of the length of time for

the batch cycle.

We included provisions for alternate

monitoring parameters in the rule. You

must apply for approval to monitor an

alternate parameter.

D. Recordkeeping and Reporting

Requirements

The general recordkeeping and

reporting requirements of this rule are

very similar to those found in the HON

(40 CFR part 63, subparts F, G, and H).

You are also required to comply with

the notification, recordkeeping, and

reporting requirements in the general

provisions for this rule, subpart A of 40

CFR part 63. We included a table in the

rule that designates which sections of

subpart A apply to this rule. Specific

recordkeeping and reporting

requirements for each type of emission

point are also included in the rule. The

rule references the recordkeeping and

reporting requirements for continuous

process vents, storage vessels, and

equipment leaks.

You are required to keep records and

submit reports of information necessary

to document compliance for affected

sources. You must keep records for 5

years. The following reports must be

submitted to the Administrator as

appropriate: (1) Precompliance Report,

(2) Notification of Compliance Status,

(3) Periodic Reports, and (4) Other

Reports. The requirements for each of

the four reports are summarized below.

In addition, if you are complying with

the equipment leak requirements

contained in subpart UU, the closed

vent requirements in subpart SS, or the

storage tank requirements in subpart

WW, you must follow the recordkeeping

and reporting requirements in the

respective subpart.

1. Precompliance Report

You must submit the Precompliance

Report no later than 12 months prior to

the compliance date. The

Precompliance Report includes the

following, as appropriate: compliance

extension requests; requests to monitor

alternative parameters; intent to use

alternative controls; intent to use the

alternative continuous monitoring and

recordkeeping allowed by the rule;

requests for approval to use engineering

assessment to estimate emissions from a

batch emissions episode; information

related to establishing parameter

monitoring levels; information specified

in § 63.1417(e)(2)(iii) of subpart OOO

when following the procedures in

§ 63.1417(e)(2) of subpart OOO for

determining compliance with the batch

process vent standards; and requests for

ceasing to collect monitoring data

during a start-up, shutdown, or

malfunction when that monitoring

equipment would be damaged if it did

not cease to collect monitoring data.

You may submit supplements to the

Precompliance Report to request the

Administrator’s approval of items, such

as those previously discussed, or to

clarify or modify information previously

submitted.

2. Notification of Compliance Status

You must submit the Notification of

Compliance Status 150 days after the

affected source’s compliance date. It

includes the information necessary to

demonstrate that compliance has been

achieved for emission points required to

be controlled by the rule. Information in

the report includes, but is not limited to,

the results of any performance tests, one

complete test report for each test

method used for a particular kind of

emission point, TRE determinations for

continuous process vents, design

analyses for storage vessels and for

certain batch process vents, data or

other information used to demonstrate

use of engineering assessment to

estimate emissions for a batch emissions

episode, the determination of

applicability for flexible operation units,

and monitored parameter levels for each

emission point and supporting data for

the designated level.

3. Periodic Reports

Generally, you are required to submit

Periodic Reports semiannually.

However, there is an exception. The

Administrator may request that you

submit quarterly reports for certain

emission points that the Administrator

identifies. After 1 year, semiannual

3282 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

reporting can be resumed, unless the

Administrator requests continuation of

quarterly reports.

Periodic Reports include information

required to be reported under the

recordkeeping and reporting provisions

for each emission point. For

continuously monitored parameters, the

data for those periods when the

parameters are above the maximum or

below the minimum established levels

are included in the reports. Periodic

Reports also include results of any

performance tests conducted during the

reporting period and instances when

required inspections revealed problems.

4. Other Reports

You are also required to submit other

reports, including: the notification of

inspections required for storage vessels;

and reports of changes to the primary

product for an APPU or process unit;

reports of addition of one or more

APPUs, addition of one or more

emission points, or change in the status

of emission points.

V. What Did We Consider in Developing

the Rule?

A. Relationship to Other Rules

If you have affected sources subject to

this rule, you may also be subject to

other existing rules (see § 63.1401(g)–(j)

in the rule).

Affected sources subject to this rule

may have storage vessels subject to the

New Source Performance Standards

(NSPS) for Volatile Organic Liquid

Storage Vessels (40 CFR part 60, subpart

Kb). For storage vessels subject to and

complying with the NSPS, this rule

requires that such storage vessels

remain in compliance with the NSPS

because the NSPS level of control (i.e.,

95 percent) is more stringent than the

control level for the final rule (i.e., 50

percent). For storage vessels subject to

the NSPS but that did not have to apply

controls (e.g., the storage vessels store

an organic liquid but the vapor pressure

of the stored material is below the

applicability criteria), this rule states

that after the compliance date for the

final rule, such storage vessels are only

required to comply with this rule and

are no longer subject to subpart Kb.

Affected sources subject to this rule

may have cooling towers subject to the

NESHAP for Industrial Cooling Towers

(40 CFR part 63, subpart Q). There is no

conflict between the requirements of

subpart Q and this rule. Subpart Q

prohibits the use of certain chemicals in

the cooling tower water, and this rule

implements a leak detection and repair

program for organic HAPs. Therefore, if

you have affected sources subject to

both rules, you must comply with both

rules. If you own or operate shared heat

exchange systems, you may also find

that they are already subject to the HON

provisions (40 CFR part 63, subpart F).

In such cases, compliance with the HON

provisions constitutes compliance with

the requirements of this rule.

Affected sources subject to this rule

may also be subject to the NSPS for

Equipment Leaks of Volatile Organic

Compounds (VOC) in the Synthetic

Organic Chemicals Manufacturing

Industry (40 CFR part 60, subpart VV)

and/or the National Emission Standards

for Organic Hazardous Air Pollutants

( i.e., HON) for Equipment Leaks (40 CFR

part 63, subpart H). After the

compliance date for this final rule, you

are only required to comply with this

rule for such affected sources and are no

longer subject to 40 CFR part 60, subpart

VV, or to CFR part 63, subpart H. This

rule directly references the Generic

MACT equipment leak provisions

contained in subpart UU. The

provisions contained in subpart UU are

equivalent to the HON provisions

contained in the proposed rule, and

therefore, equivalent to the HON. The

provisions contained in subpart UU are

more stringent than subpart VV.

Another likely instance of interaction

between this rule and other rules is

related to storage vessels already

covered by the HON; this is likely to

occur at amino/phenolic resins

production facilities that are collocated

with formaldehyde plants subject to the

HON. In such cases, a formaldehyde

storage vessel supplying formaldehyde

to the amino/phenolic resins facility is

likely to be subject to the HON. The

storage vessel assignment procedures in

this rule address such situations. If a

storage vessel is already subject to

another part 63 standard, that storage

vessel is considered to be assigned to

the process unit subject to the part 63

standard and is not subject to this rule.

B. Stakeholder and Public Participation

Prior to proposal of the rule,

representatives from other interested

EPA offices and programs, including

Regional Offices and State

environmental agency personnel,

participated in the rulemaking process.

In addition, the industry provided

responses to a survey conducted in

1992, and we met with industry

members to obtain their input during

the regulatory development process.

The proposed rule reflected the results

of all of those interactions and the

information provided by the industry.

We proposed the rule for Amino/

Phenolic Resins Production in the

Federal Register on December 14, 1998

(63 FR 68832), and we specifically

requested comments on the basis for the

percent reduction standards for reactor

batch process vents, development of

separate control requirements for reactor

and non-reactor batch process vents,

methanol emissions from amino/

phenolic resins production, use of

solvent-based and non-solvent-based

alternative emission limits, use of

Fourier Transform Infrared

Spectroscopy and performance

specification 15 (PS–15), definitions of

amino and phenolic resin, applicability

criteria alternative for storage vessels,

and heat exchange systems. We received

five comment letters from amino/

phenolic resins producers and one letter

from control device manufacturers. In

addition, after proposal, we considered

follow-up information provided by the

industry in decisions affecting the final

rule. We received no comments from

environmental groups or State or local

environmental agencies.

We carefully considered the

comments and made changes to the

proposed rule where determined to be

appropriate. We discuss the most

significant comments and responses in

section VII of this preamble. A detailed

discussion of all significant comments

and responses on the proposed rule can

be found in the BID for amino/phenolic

resins, which is referenced in the

ADDRESSES section of this preamble.

VI. What Are the Impacts of the

Standards?

The rule affects 40 amino/phenolic

resins facilities that are major sources in

themselves or that are located within a

major source. The impacts are presented

relative to a baseline reflecting the level

of control in the absence of the rule. The

estimate of the impacts is presented for

existing facilities only, since no new

facilities are projected to be constructed.

For a facility or emission point within

a facility already in compliance with the

standards, no impacts were estimated.

A. Primary Air Impacts

The standards are estimated to reduce

organic HAPs emissions from all

existing sources by 361 tpy from a

baseline level of 703 tpy. This is a 51

percent reduction. Table 3 summarizes

the organic HAPs emission reductions

for each of the emission points.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3283

TABLE 3.—ORGANIC HAPS EMISSION REDUCTIONS BY EMISSION POINT FOR EXISTING SOURCES

Emission point Baseline

emissions (tpy)

Emissions after

final rule (tpy)

Emission

reduction (tpy)

Percent reduction

(%)

Reactor Batch Process Vents ................................................. 223.1 40.2 182.87 82

Non-reactor Batch Process Vents ........................................... 120.1 60.6 59.5 49.5

Continuous Process Vents ...................................................... 128.3 128.3 0 0

Storage Tanks ......................................................................... 72.1 72.1 0 0

Equipment Leaks ..................................................................... 159.4 41.0 118.4 74.3

Total .................................................................................. 703.1 342.3 360.8 51.3

B. Non-Air Environmental Impacts

The standards are not expected to

increase the generation of solid waste at

any amino/phenolics resin facility. The

use of scrubbers to control emissions

will increase water consumption as a

result of evaporation and bleed-off (see

the proposal preamble at 63 FR 68854

for details). Based upon available

information, we expect that affected

facilities will be able to either send the

scrubber wastewater to a treatment

facility or recycle the scrubber

wastewater back into the process.

Therefore, the use of scrubbers will

result in minimal, if any, adverse

wastewater impacts.

C. Energy Impacts 

We do not anticipate any significant

increase in national annual energy usage

as a result of this rule. Energy impacts

include changes in energy use, typically

increases, and secondary air impacts

associated with increased energy use.

Increases in energy use are associated

with fuel for the operation of control

equipment; in this case, the use of

scrubbers to control reactor vents.

Energy credits are attributable to the

prevention of organic HAPs emissions

from equipment leaks. Secondary air

impacts associated with increased

energy use are the emission of

particulates, sulfur dioxides (SOX), and

nitrogen oxides (NOX). These secondary

impacts are associated with power

plants that would supply the increased

energy demand.

D. Cost Impacts

Cost impacts include the capital costs

of new control equipment, the cost of

energy (supplemental fuel and

electricity) required to operate control

equipment, operation and maintenance

costs, and the cost savings generated by

reducing the loss of valuable product in

the form of emissions. Also, cost

impacts include the costs of monitoring,

recordkeeping, and reporting associated

with the standards. There are no

estimated cost impacts for new facilities

because no new facilities are expected

to be constructed.

Under the rule, the total capital costs

for existing sources are estimated at $2.3

million (1998 dollars), and total annual

costs are estimated at $3.3 million (1998

dollars) per year, which includes $1.4

million for monitoring, recordkeeping,

and reporting. The actual compliance

cost impacts of the rule may be less than

presented because of the potential to use

common control devices, to upgrade

existing control devices, and to vent

emissions streams into current control

devices. Because the effect of such

practices is highly site-specific and data

were unavailable to estimate how often

the lower cost compliance practices

could be utilized, it is not possible to

quantify the amount by which actual

compliance costs would be reduced.

E. Economic Impacts

An economic impact analysis was

performed at proposal to estimate the

impacts of the rule on affected

businesses in the Amino/Phenolic

Resins Production source category. That

analysis showed that the price and

output changes for affected businesses

in this source category were an increase

of 0.08 percent in product price and

output decrease of 0.05 percent in

product output, respectively, for amino

resin producers and similar estimates

for phenolic resin producers (0.07

percent and 0.02 percent, respectively).

No plant closures were expected in this

source category.

The estimated annual compliance

costs of the final rule are roughly $1.9

million as shown in section VI.C. This

is a reduction from the compliance costs

that were input to the economic impact

analysis performed at proposal. Given

this reduction in estimated costs, the

economic impacts of the final rule

would be lower than those estimated at

proposal. We, therefore, conclude that

the increase in product price would be

no more than 0.08 percent for amino

resin producers, and 0.07 percent for

phenolic resin producers, and the

decrease in product outputs would be

no more than 0.05 percent for amino

resin producers and 0.02 percent for

phenolic resin producers.

VII. What Significant Comments Did

We Consider and What Major Changes

Did We Make to the Proposed

Standards?

The major changes that we made to

the rule based on public comments

include: (1) Reducing the percent

reduction standard for reactor batch

process vents at existing affected

sources and including different

alternative emission limits for solventbased and non-solvent-based resin

production, (2) revising the standards

for non-reactor batch process vents at

new and existing affected sources, (3)

deleting the control requirements for

storage vessels at existing affected

sources, (4) revising the applicability

criteria for storage vessels at new

affected sources, (5) deleting the HON

control level of 98 percent emission

reduction for continuous process vents

with a TRE value less than or equal to

1.0, (6) dropping the wastewater

provisions, and (7) making changes to

encourage pollution prevention.

In recognition of the fact that the most

commonly used control devices for the

amino/phenolic resins industry are

recovery devices ( e.g., condensers and

scrubbers) and not combustion devices,

and that 50 ppmv of organic HAPs is a

more representative outlet concentration

for a recovery device than 20 ppmv, we

have increased the minimum HAPs

concentration level for defining a

process vent from 20 ppmv to 50 ppmv.

However, the 50 ppmv mass emission

limit is more stringent than the rule

requirement to reduce emissions by 83

percent. The 50 ppmv is being offered

as an alternative to the required control

level and is not intended to be

equivalent. In concert with this change

in the definition of process vent, we

have made changes to the alternative

standards for storage vessels

(§ 63.1404(c)), continuous process vents

(§ 63.1405(f)), reactor batch process

vents (§ 63.1406(d)), and non-reactor

batch process vents (§ 63.1406(d)).

These provisions have been changed to

allow you to meet a 50 ppmv emission

limit when using a recovery device, but

you are still required to meet a 20 ppmv

3284 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

emission limit when using a combustion

device. We determined that 20 ppmv is

a representative outlet concentration for

combustion devices.

In order to minimize cross referencing

and streamline the rule, we changed the

proposed rule format. In changing the

rule format our intent was not to change

the requirements of the proposed

standard, but rather to make the final

rule easier to understand and

implement. The most significant change

has been to reference provisions

promulgated for the Generic MACT

(GMACT) standard (64 FR 34854, June

30, 1999). Instead of referencing the

HON for requirements for continuous

process vents, equipment leaks, and

storage tanks, we reference equivalent

GMACT provisions. For closed vent

streams from continuous process vents

and storage tanks, we reference 40 CFR

part 63, subpart SS. For control of

storage tanks through the use of floating

roofs, we reference 40 CFR part 63,

subpart WW. Additionally, for control

of equipment leaks, we reference 40

CFR part 63, subpart UU. The control

requirements are equivalent to the HON

requirements in the proposed rule and

do not in any way change the

substantive requirements of the rule.

Additionally, we have adopted the

GMACT recordkeeping and reporting

requirements in the final rule where the

GMACT requirements are easier to

understand or less burdensome. In

instances where, the GMACT

requirements are less flexible or more

burdensome than the requirements in

the proposed rule, we have added

language to preserve the flexibility of

the proposed rule.

Comments: Two commenters

presented new test data to replace their

original data which were used in

assessing the MACT floor for reactor

batch process vents at proposal. In

general, the new data indicated that the

control devices at several facilities were

achieving lower percent emission

reductions than reported in the 1992

survey responses used at proposal. The

commenters also presented information

showing that one facility no longer

produces amino/phenolic resins, and

another facility does not produce

amino/phenolic resins as their primary

product. Also, the commenters argued

that one facility shares its primary

control device (a catalytic incinerator)

with another operation covered by a

separate MACT source category and,

thus, should be removed from the

analysis.

Response: Using information

submitted by the industry, we revised

the MACT floor based on a new set of

top performing amino/phenolic resins

facilities. The MACT floor for existing

sources is set by the average

performance achieved by the best

performing 12 percent of existing

sources.

We elected to set the MACT floor

level of control based on the arithmetic

average of the control device

performance of the top five facilities,

which results in a required control level

of 82.6 percent (rounded to 83 percent).

Although we have discretion to

interpret ‘‘average’’ as either the

arithmetic mean, median, or mode, we

selected arithmetic average, since it

corresponds to an available control

device, and since the universe of control

device performance across the industry

is a broad continuum. The provisions in

the final rule reflect this change in the

percent reduction requirement for

reactor batch process vents at existing

affected sources.

There has been no change to the

standard for new affected sources. The

same facility that was selected as the

best performing facility in the proposal

analysis is selected for the reanalysis

and, thus, represents new source MACT.

We continue to require a 95 percent

emission reduction across the batch

cycle for reactor batch process vents at

new affected sources in the final rule.

Comments: In order to better address

the diversity of processes and

subsequent emissions of facilities in the

industry, commenters suggested that

solvent-based and non-solvent-based

resin processes have separate

requirements, especially for the

alternative emission limit (i.e., pound of

HAPs per 1,000 pounds of product). The

commenters stated that the proposed

alternative emission limit reflects only

non-solvent-based resin manufacturing.

One commenter submitted HAPs

emissions data representing phenolic

resin manufacturing at its facility,

which showed that over 87 percent of

the total emissions were attributed to

the added solvent. The commenter

concluded that failure to make this

distinction in the emission standards

would result in unfair competition

between solvent-based and non-solventbased resin manufacturers, as the former

would need more stringent controls,

resulting in a higher cost to control their

higher emissions.

Response: We agree with the

commenters that separate alternative

emission limits to account for the

different emission levels for solventbased and non-solvent-based resin

production are appropriate. At proposal,

the rule offered a single alternative

emission limit value, applicable to both

solvent-based and non-solvent-based

resin production. However, in reviewing

the data and comments since proposal,

we recognize that an 83 percent

emissions reduction for a solvent-based

process is significantly different in

terms of a mass emission rate from an

83 percent reduction achieved by a nonsolvent-based process. Therefore,

separate emission limits (i.e., one for

solvent-based resins and one for nonsolvent-based resins) yields an

alternative that better equates to the

floor-level of control than the single

mass emission limit in the proposed

rule.

For existing affected sources, the

alternative emission limits in the final

rule are 0.0057 pound of HAPs per

1,000 pounds of non-solvent-based resin

produced, and 0.0567 pound of HAPs

per 1,000 pounds of solvent-based resin

produced. For new affected sources, the

alternative emission limits are 0.0004

pound of HAPs per 1,000 pounds of

non-solvent-based resin produced, and

0.045 pound of HAP per 1,000 pounds

of solvent-based resin produced.

The revised alternative emission

limits are based on mass emissions data

from the top five performing facilities

used to develop the 83 percent control

level for the existing source floor. Three

of the facilities in the floor were nonsolvent-based resin producers and two

facilities were solvent-based resin

producers. The alternative emission

limit for existing facilities was

developed by averaging the emissions

(HAPs per lb. of product) for the two

solvent-based resin facilities to develop

the solvent-based resin alternative

emission limit. Similarly, the emissions

of the three non-solvent-based resin

facilities were averaged to develop the

alternative emission limitation for the

non-solvent-based resin facilities. In this

way, we determined the mass emission

limit that corresponds to the 83 percent

reduction requirement for each type of

facility. For new sources the best

performing of the two solvent-based

facilities was selected to represent the

mass emission limit. The best

performing non-solvent based facility

was chosen for the non-solvent-based

new source mass emission limit. By

using the five floor facilities to develop

the alternative emission limit, we

ensured equivalency between the

alternative limit and the floor value of

an 83 percent reduction for existing

sources and a 95 percent reduction for

new sources.

We project that solvent-based resin

manufacturers will most likely comply

with the percent reduction standard,

whereas most non-solvent-based resin

manufacturers will comply with the

alternative emission limit, potentially

with little, if any, secondary control

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3285

required. A single alternative emission

limit recalculated based on the average

performance of the top 12 percent (5

facilities) would allow many nonsolvent-based resin manufacturers to

emit significantly more HAPs than they

are currently emitting.

Averaging the emission limits within

each industry segment (solvent-based

and non-solvent-based) results in values

with an order of magnitude difference.

Information from other facilities in the

data base supports our conclusion that

solvent emissions from solvent-based

resin production causes the

uncontrolled HAPs emission rate to be

about an order of magnitude higher than

the emission rate from non-solventbased resin production.

The pound of HAPs per 1,000 pounds

of resin product emission limits are

presented as alternatives to the percent

reduction requirements of the rule. As

such, they are meant to express a

performance level equivalent to the

facilities judged to represent the MACT

floor. Therefore, in developing the

alternative emission limits, we only

considered the population making up

the top five performing facilities. In

calculating the separate alternative

limits, we decided that the presence of

two solvent-based and three nonsolvent-based resin manufacturers

among the top five performing facilities

was adequate representation for each

segment of the industry.

Comment: Commenters objected to

the stringency of the proposed standard

for non-reactor batch process vents at

new and existing affected sources and

the methodology used in developing the

standards. One commenter submitted

revised control device performance data

and requested that the EPA recalculate

the non-reactor batch process vent

standards using these revised control

device efficiencies.

Another commenter claimed that the

EPA had mistakenly attributed control

to process condensers that are used on

their non-reactor batch process vents,

and thereby misrepresented the actual

control being achieved for non-reactor

batch process vents at their facility.

Through discussions with this

commenter, the commenter had

identified three non-reactor batch

process vents where they believe the

primary condenser is acting as a process

condenser.

Also, one commenter objected to the

EPA’s use of a weighted average to

represent the overall performance for an

affected source and requested that a

straight average be used instead.

Response: We incorporated revised

control device performance data into a

revised analysis of the MACT floor

control level for non-reactor batch

process vents. Based on the revised

analysis, we are reducing the standard

for non-reactor batch process vents at

new affected sources from an overall

emission reduction of 83 percent to 76

percent for sources with uncontrolled

emissions from the collection of nonreactor batch process vents within the

affected source greater than or equal to

0.25 tons per year. Similarly, we are also

reducing the standard for non-reactor

batch process vents at existing affected

sources from an overall emission

reduction of 68 percent to 62 percent for

sources with uncontrolled emissions

from the collection of non-reactor batch

process vents within the affected source

greater than or equal to 0.25 tons per

year.

We disagree with using a straight

average of control device efficiencies to

determine the control level for an

individual facility. We believe that the

control level should represent the total

mass reduction for that facility. Using a

straight average of control device

efficiencies would result in an

inaccurate representation of the actual

performance of a facility. For example,

if a facility had five non-reactor batch

process vents, controlled the single

batch process vent that has 90 percent

of the emissions, and did not control the

other batch process vents, a straight

average would represent this facility as

poorly controlled; when in fact it is a

well-controlled facility.

For existing sources, the MACT floor

is based on averaging the individual

control levels of the five best performing

facilities (top 12 percent). We based the

MACT floor for new sources on the

single best controlled facility.

Comments: One commenter objected

to the methodology used in developing

the applicability criteria for non-reactor

batch process vents. The commenter

objected to the fact that emissions from

a single vent, not emissions from a

single facility, set the uncontrolled

emissions applicability criteria and

objected to using the lowest level of

uncontrolled emissions (i.e., the

smallest value), contrasting this

decision to the approach used for

storage vessels.

The commenter requested that EPA

develop new applicability criteria for

non-reactor batch process vents that are

based on individual non-reactor batch

process vents, rather than on a

facilitywide basis. The commenter

requested that the new applicability

criteria be expressed as pound of

emissions per 1,000 pounds of product,

as was done for reactor batch process

vents, and that they be based on a TRE

calculation or calculation from EPA’s

guideline document entitled ‘‘Control of

Volatile Organic Compound Emissions

from Batch Processes,’’ EPA–453/R–93–

017.

Response: We note that not all

facilities reported non-reactor batch

process vents, although we assume that

all facilities have non-reactor batch

process vents and stated so in the

preamble to the proposed rule. We

requested additional data on the

presence, emissions, and control status

of non-reactor batch process vents in the

proposal preamble. No additional data

were provided as part of public

comments.

Furthermore, the only data available

for the reported non-reactor batch

process vents are emissions. With

emissions being the only information

available, approaches like the TRE

equation are not possible, and the

ability to develop or use other vent-byvent approaches to applicability criteria

is restricted.

Based on data available to the

Administrator, we are retaining the

MACT floor, defined as a facilitywide

control level and a facilitywide

applicability criterion.

With regard to the commenter’s

objection that emissions from a single

vent set the uncontrolled emissions

cutoff, we did not seek out a single vent

to represent the facilitywide emissions

cutoff for existing affected sources. The

available data indicated that the facility

with the lowest emissions happened to

only report a single, non-reactor batch

process vent.

In response to the commenter’s

objection to using the facility with the

lowest level of uncontrolled emissions

to set the facilitywide uncontrolled

emissions cutoff for existing affected

sources, we must set applicability

criteria that will continue to require

control for those facilities already

controlled at the baseline. We also

believe that the commenter

misunderstands the approach used for

non-reactor batch process vents,

compared to the approach used for

storage vessels, because the

applicability criteria define which

facilities must apply controls, not which

vents, and because the control

requirement is on a total, facilitywide

basis, not an individual vent basis. All

five facilities defining the MACT floor

for existing sources have applied

controls to non-reactor batch process

vents; therefore, the applicability

criteria include all five facilities.

Comments: Some commenters

challenged the accuracy of data and

information used by EPA as the basis for

the proposed standards for storage

vessels. The commenters stated that

3286 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

some of the storage vessels in the

database were, in fact, not raw material

storage vessels and other storage vessels

were already part of their HON MACT

affected source.

Response: We addressed these

comments by requesting a confirmation

of storage vessel data for each of the

MACT floor facilities and by conducting

a reanalysis of the MACT floor based on

the confirmed data. Our reanalysis of

the data concludes that there is no floor

level of control for the existing source

MACT floor and that the new source

MACT floor determined at proposal

continues to be appropriate.

For existing affected sources, we

evaluated the HON level of control for

storage vessels as a regulatory

alternative beyond the MACT floor of no

control. Based on this evaluation, we

concluded that the HON control level

for storage vessels is not appropriate for

the known storage vessel population at

amino/phenolic resins facilities, since

none of the reported storage vessels

meet the HON applicability criteria.

Further, the HON control level for

storage vessels is not cost effective for

a projected, theoretical amino/phenolic

resins facility storage vessel population.

Although the revised storage vessel

data led us to conclude that the new

source MACT floor control level is still

appropriate, the applicability criteria,

which determines which storage vessels

must be controlled, have changed. The

final rule now requires that storage

vessels at new affected sources with a

capacity greater than or equal to 50,000

gallons and with a vapor pressure

greater than or equal to 2.45 psia must

reduce emissions by 95 percent. Storage

vessels at new affected sources with a

capacity greater than or equal to 90,000

gallons and with a vapor pressure

greater than or equal to 0.15 psia are

also required to reduce emissions by 95

percent. The distinction between the

storage of aqueous formaldehyde and

other chemicals (non-aqueous

formaldehyde) that we made in the

proposed rule is no longer necessary

because a large number of formaldehyde

storage vessels were deleted from the

analysis.

Comments: One commenter cited

some issues related to the use of the

TRE equation in the proposed rule.

First, the commenter stated that the TRE

equation is not well suited for low

concentrations (e.g., 100 to 200 ppmv)

or low flow emission streams. Second,

the commenter stated that the TRE

equation should be modified to reflect

the reduction of efficiency as the inlet

concentration decreases. The

commenter stated that the TRE equation

assumes that the emission reduction

achieved will always be 98 percent, but

that this is not the case with low

concentration emission streams. The

commenter also stated that the

effectiveness of incineration declines

significantly at inlet concentrations of

approximately 1,000 to 1,500 ppmv.

Response: We based the proposed

two-tiered standard for continuous

process vents at new affected sources on

the MACT floor level of control (85

percent emission reduction) for vents

that meet the applicability criterion and

the HON process vent provisions (98

percent emission reduction). (The

proposed rule did not require control of

continuous process vents at existing

sources.) The applicability criterion

chosen to represent the specific

continuous process vents that are

controlled at the MACT floor is the

HON TRE equation for a thermal

incinerator. The HON process vent

provisions were evaluated as a

regulatory alternative beyond the MACT

floor for continuous process vents.

Although the TRE values at proposal

showed that none of the continuous

process vents considered in the analysis

would be caught by the HON TRE

applicability for new sources, we

determined that if a new source were to

have a continuous process vent within

the accepted cost effectiveness (i.e.,

with a TRE of 1.0 or less), it should be

controlled. Therefore, the two-tiered

approach was used at proposal. We

agree with the commenter that the

combustion efficiency is reduced as the

inlet concentration decreases and, thus,

the TRE equation is not an appropriate

method for assessing the cost

effectiveness of control beyond the

MACT floor for continuous process

vents in the amino/phenolic resins

industry. Therefore, we deleted the

second tier of the continuous process

vent standard requiring 98 percent

emission reduction for continuous

process vents with a TRE value less than

or equal to 1.0.

In the final rule, we continue to use

the TRE equation as the applicability

criteria for continuous process vents at

the MACT floor. This decision is based

on using the TRE equation to identify

certain continuous process vents (i.e.,

applicability criteria) as opposed to

using the TRE equation to determine the

cost effectiveness of controls. In the

final rule, the standard for continuous

process vents at new affected sources is

85 percent emission reduction for

continuous process vents with TRE

values less than or equal to 1.2.

Comments: Two commenters stated

that control of wastewater streams

should not be required for new affected

sources. One commenter explained that

the HAPs commonly present in amino/

phenolic resins wastewater streams,

such as formaldehyde and methanol,

have low emission potential because

they are highly soluble and

biodegradable. In addition, the

commenters stated that attempts to

remove highly soluble HAPs from

wastewater could lead to an increase in

air emissions. The commenters

challenged the assumptions used in

determining that wastewater control is

cost effective for new affected sources.

One of the commenters disagreed with

EPA’s use of ‘‘hypothetical’’ wastewater

streams, as opposed to data from actual

facilities. The second commenter

claimed that the wastewater provisions

are not cost effective (ranging up to

$41,000 per ton). The commenters also

stated that EPA’s assumption that flow

and concentration data reported by

industry were representative values (i.e.,

annual averages) was in conflict with

the rule’s background document, which

stated that the survey response data

represented peak, rather than average or

normal process conditions. One

commenter concluded that if EPA had

used the average figures for the new

source applicability criteria, that no

stream would have been required to

control.

Response: We removed the

wastewater control requirements for

new affected sources from the final rule.

At proposal, the new source wastewater

requirements were determined to be a

cost effective, above-the-floor MACT

standard. We used the HON costing

algorithm to estimate the cost of

controlling wastewater streams which

assumes that a combustion device is

available to support the steam stripper;

this is not an appropriate assumption

for the amino/phenolic resins industry.

Therefore, the cost analysis at proposal

underestimated the costs of controlling

wastewater streams for the amino/

phenolic resins industry. We projected

that if the cost of a combustion device

were added to the costs estimated at

proposal, the cost effectiveness of the

HON wastewater requirements would

not be acceptable.

Comments: One commenter requested

that the rule allow approaches to

encourage pollution prevention through

stewardship and source control. The

commenter specifically requested that

the rule include pollution-prevention

compliance alternatives that encourage

emission reduction of HAPs through

changes in operating practices, raw

material substitutions, and process and

equipment design modifications. In

support of the commenter’s request to

allow the use of pollution-prevention

measures, we received follow-up

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3287

information from the industry that

included several examples of the

environmental benefits (reduced

emissions) achievable through the use of

pollution-prevention measures.

The commenter stated that their

facility has over-sized condensers after

their reactors which operate during

gassing operations to recover valuable

solvent. The commenter stated that

unless the rule defines their condensers

as a control device during gassing

operations, they would be forced to turn

off the condenser during this phase to

have enough emissions going to a

control device to achieve the specified

percent reduction. The commenter

pointed out that shutting off the

condenser would result in 70 pounds

per hour of HAP emissions going to a

control device that could have been

recovered and reused.

The commenter further pointed out

that other facilities in the industry

typically operate smaller condensers,

and they are not operated during the

reactor degassing phase. Under this

more typical operating scenario, the

emissions exiting the process condenser

would be much higher and, thus, the

percentage reduction would be

achievable. The commenter pointed out

that under the Pharmaceuticals

Production NESHAP, the condenser

immediately following a reactor vessel

can be a process condenser during some

operations (i.e., reflux) and a control

device during other operations (i.e.,

gassing). The commenter requested that

EPA adopt the approach used in the

Pharmaceuticals Production NESHAP.

The commenter stated that in addition

to recovering material with process

condensers, there are many other types

of pollution prevention that the rule

should encourage. One example

provided was the use of a reduced

nitrogen purge rate for the reactor. The

commenter stated that the emission of

HAPs during purging operations could

be reduced by up to 80 percent if the

nitrogen purge rate was reduced. The

commenter pointed out that although

this process change would save energy,

nitrogen, and raw materials, like the

condenser situation, the change would

result in an emissions rate too low to

then be further controlled to meet the

specified percent HAPs emission

reduction.

Response: We agree with the

commenter that the rule should

encourage compliance through

pollution-prevention alternatives. To

that end, we made two groups of

changes to the final rule. First, we made

changes to allow a condenser to operate

as a process condenser for some batch

emission episodes and to operate as a

control device for other batch emission

episodes (e.g., gassing operations),

provided that certain pollutionprevention measures are taken. Second,

we made changes to encourage and

clarify the use of process modifications

(e.g., reduced purge rate on a reactor

vessel) to reduce emissions and to

receive credit toward the emission

reduction requirements of the rule.

We are establishing these changes in

concert with the philosophy of

pollution prevention. We have the

potential to achieve equal or better

pollution reduction, while also reducing

emissions to other media. However, we

do not have enough quantitative data to

know how much of a reduction in

emissions a facility can achieve through

using pollution-prevention measures.

Since we do not know what percent

reduction in emissions to assign to the

pollution-prevention approach, we

cannot directly compare it to more

traditional approaches. For these

reasons, while there is a facility in the

industry using some of these pollutionprevention approaches, we did not

attempt to assign them a percent

emissions reduction and include them

in a determination of the floor.

To implement the changes described

above, we revised several definitions,

added a definition of inprocess

recycling, specified in the batch process

vent performance testing and

compliance demonstration provisions

when a condenser can function as a

control device, and added a

recordkeeping/demonstration

requirement to ensure that inprocess

recycling is taking place.

We revised the definitions of air

pollution control device, process

condenser, and uncontrolled HAP

emissions as part of making this change.

The revisions to the definition of air

pollution control device specify the

conditions under which a condenser,

that at times operates as a process

condenser, can be considered to be a

control device. The revisions to the

definition of uncontrolled emissions

allow emissions to be calculated prior to

a condenser that is operating as a

control device provided the recovered

HAPs are used in inprocess recycling.

When a condenser operates as a control

device, the condenser must not be

operating as a process condenser.

Uncontrolled emissions are still

calculated after a condenser when it is

operating as a process condenser.

We intended for the proposed

standards to provide flexibility to use

pollution-prevention measures, such as

reduced purge rates. To ensure sources

have the flexibility to implement a

variety of pollution-prevention

measures, we made minor changes in

the final rule in terms of the definition

of control device and added a definition

of control technology. The new

definition of control technology will

allow the implementation of reduced

reactor purge rates and other pollutionprevention measures.

We are adding these measures to the

final rule to provide facilities flexibility

and the opportunity to take credit for

their pollution-prevention measures,

provided certain conditions are met. We

do not, however, assume that a facility

using a pollution-prevention approach

will be operating in compliance with

the standard. Any facility using this

approach must demonstrate that it is

meeting the percent reduction required

by the rule.

Comments: Two commenters

expressed concerns regarding the

equipment leak analysis supporting the

proposed standard (i.e., the HON leak

detection and repair (LDAR) program)

for equipment leaks. The commenters’

main concerns were that: (1) The use of

the average synthetic organic chemical

manufacturing industry (SOCMI)

emission factors overstated emissions

from amino/phenolic resins facilities,

(2) the costs were understated (e.g., by

always using the lower cost

assumption), and (3) experience with

LDAR programs at other facilities

showed that LDAR programs were

costly and ineffective. The commenters

believed that no LDAR program should

be implemented for amino/phenolic

resins facilities or, at most, a LDAR

program based on the presumptive

MACT level (i.e., the monthly LDAR

program pursuant to SOCMI subpart VV

to 40 CFR part 63) should be

implemented. One commenter also

stated that the State of Massachusetts

Regulation CMR 7.18(19), upon which

the MACT floor for new facilities was

based, had been mischaracterized.

Response: In consideration of these

comments, we conducted a reanalysis of

the MACT floor and regulatory

alternatives above the floor for

implementing the LDAR program for

emissions from equipment leaks for

both new and existing affected sources.

We made the following major changes

in the reanalysis:

• Only included those facilities that

provided facility-specific information

on component counts, percent HAPs

contacting the components, and time in

HAPs service.

• Used the State of Massachusetts

Regulation CMR 7.18(19) in lieu of

SOCMI subpart VV to represent the new

source MACT floor.

• Used the State of Massachusetts

Regulation CMR 7.18(19) instead of

3288 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

SOCMI subpart VV to 40 CFR part 63 as

a regulatory alternative above the floor

(MACT floor is no control) for existing

sources.

The average SOCMI emission factors

continue to reflect the best data

available to represent LDAR emissions

from this industry.

We modified the costing algorithm to

include costs associated with

components in heavy liquid service;

these costs were not included at

proposal. However, we concluded that

other assumptions used in the proposal

costing are valid and have been retained

in the reanalysis. We continue to believe

that facilities will try to minimize their

costs in implementing LDAR programs,

and the use of assumptions that

minimize costs is, therefore, reasonable.

The results of the reanalysis confirm

that it is cost effective to go beyond the

MACT floor for existing and new

affected sources to include a HON-based

LDAR program at amino/phenolic resins

facilities in the final rule. The average

incremental cost effectiveness of

implementing the HON-based LDAR

program is $1,677 per ton of emission

reduction for both new and existing

affected sources.

Comments: Two commenters stated

that heat exchange systems should not

be regulated for the following reasons.

First, there were no data or other

evidence to justify including the

provisions. Second, the MACT floor for

the control of heat exchange systems

was not determined, and an analysis of

control beyond the MACT floor was not

done.

These two commenters stated that the

pressure on the cooling side of process

condensers, which is a commonly used

heat exchange system, normally exceeds

the pressure on the process side. This

means that the cooling water would

tend to leak into the process liquid,

rather than the process liquid leaking

into the cooling water and ultimately

resulting in HAPs emissions from the

cooling towers. Therefore, the

commenters reasoned that the

requirement for routine measurements

and recordkeeping of the heat exchange

systems is not warranted.

Response: We believe that heat

exchange systems are a potential source

of emissions; therefore, we retained the

work practice standard in the final rule.

We are not aware that the operation of

heat exchange systems in the amino/

phenolic resins industry is different

than their operation in the SOCMI,

which were determined to warrant

control under the HON MACT (40 CFR

part 63, subpart F). The compounds in

Table 4 of the HON MACT (40 CFR part

63, subpart F) include formaldehyde,

methanol, phenol, toluene, and xylene

as HAPs with potential to be emitted

from cooling towers. These are the

major HAPs emitted by the amino/

phenolic resins industry.

The heat exchange system

requirements are a specific example of

an emission control program necessary

for the source to be operated in a

manner consistent with good air

pollution control practices, as specified

in § 63.6(e)(1)(I) of the General

Provisions for 40 CFR part 63

regulations. Because some form of

monitoring is already being conducted

to meet State requirements or other

rules, the cost of monitoring the heat

exchange system for leaks is minimal.

The program is already being applied if

an APPU uses a shared cooling system

at sites covered by the HON or other

polymer and resin rules.

Finally, the final rule retains the

monitoring exemption included at

proposal for a heat exchange system that

operates with a pressure on the cooling

water side at least 35 kilopascals greater

than the maximum pressure on the

process side. With this pressure

differential, any leakage would be into

the process fluid, not into the cooling

water.

VIII. What Are the Administrative

Requirements of the Rule?

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. The Executive

Order defines ‘‘significant regulatory

action’’ as one that is likely to result in

a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, it has been determined

that this rule is not a ‘‘significant

regulatory action’’ and is therefore not

subject to OMB review.

B. Executive Order 13084—Consultation

and Coordination with Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to OMB, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. Accordingly,

the requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

C. Executive Order 13045

Executive Order 13045: ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), applies to any rule that:

(1) Is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the rule meets both criteria, the Agency

must evaluate the environmental health

or safety effects of the planned rule on

children and explain why the planned

regulation is preferable to other

potentially effective and reasonably

feasible alternatives considered by the

Agency.

The EPA interprets Executive Order

13045 as applying only to those

regulatory actions that are based on

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 rule is not

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3289

subject to Executive Order 13045

because it is based on technology

performance and not on health or safety

risks.

D. Executive Order 13132

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

If EPA complies by consulting,

Executive Order 13132 requires EPA to

provide to OMB, in a separately

identified section of the preamble to the

rule, a federalism summary impact

statement (FSIS). The FSIS must include

a description of the extent of EPA’s

prior consultation with State and local

officials, a summary of the nature of

their concerns and the Agency’s

position supporting the need to issue

the regulation, and a statement of the

extent to which the concerns of State

and local officials have been met. Also,

when EPA transmits a draft final rule

with federalism implications to OMB for

review pursuant to Executive Order

12866, EPA must include a certification

from the Agency’s Federalism Official

stating that EPA has met the

requirements of Executive Order 13132

in a meaningful and timely manner.

This final rule 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. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures by State, local,

and tribal governments, in the aggregate,

or by the private sector, of $100 million

or more in any 1 year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify the least costly, most costeffective, or least burdensome

alternative that achieves the objective of

the rule. The provisions of section 205

do not apply when they are inconsistent

with applicable law. Moreover, section

205 allows EPA to adopt an alternative

other than the least costly, most costeffective, or least burdensome

alternative if the Administrator

publishes with the final rule an

explanation why that alternative was

not adopted. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that this rule

does not include a Federal mandate that

may result in expenditures of $100

million or more for State, local, or tribal

governments, in the aggregate, or to the

private sector in any 1 year. The

maximum total annual cost of this rule

for any year has been estimated to be

less than $3 million. Thus, today’s rule

is not subject to the requirements of

sections 202 and 205 of the UMRA. In

addition, EPA has determined that this

rule contains no regulatory

requirements that might significantly or

uniquely affect small governments since

it does not impose any obligations on

such governments. Therefore, today’s

final rule is not subject to the

requirements of section 203 of the

UMRA.

F. Regulatory Flexibility

After considering the economic

impacts of today’s final rule on small

entities, EPA has determined that this

action will not have a significant

economic impact on a substantial

number of small entities and that it is

not necessary to prepare a regulatory

flexibility analysis in connection with

this final rule. We have determined that

of the twenty affected firms, only six are

small businesses. The mean annual cost

as a percentages of an affected small

firm sales will be much less than 1

percent (0.08 percent), and no higher

than 0.38 percent for any affected small

firm

Although this final rule will not have

a significant economic impact on a

substantial number of small entities,

EPA nonetheless has tried to reduce the

impact of this rule on small entities. In

order to minimize the impact of the rule

for leaking equipment, we have

exempted firms producing less than 881

tpy (800 Mg/yr) from complying with

requirements to have a leak detection

and repair program.

G. Paperwork Reduction Act

The information collection

requirements in this rule will be

submitted for approval to the Office of

Management and Budget under the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq. An Information Collection

Request (ICR) document has been

prepared by EPA (ICR No. 1856.02) and

a copy may be obtained from Sandy

Farmer by mail at OP Regulatory

Information Division, U.S.

Environmental Protection Agency

(2137), 401 M Street SW, Washington,

DC 20460, by email at

farmer.sandy@epa.gov, or by calling

(202) 260–2740. A copy may also be

downloaded off the internet at http://

www.epa.gov/icr. The information

requirements are not effective until

OMB approves them.

The information requirements are

based on notification, recordkeeping,

and reporting requirements in the

NESHAP General Provisions (40 CFR

part 63, subpart A), which are

mandatory for all operators subject to

national emission standards. These

recordkeeping and reporting

requirements are specifically authorized

by section 114 of the Act (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

3290 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

safeguarded according to Agency

policies set forth in 40 CFR part 2,

subpart B.

The rule requires maintenance

inspections of the control devices but

would not require any notifications or

reports beyond those required by the

General Provisions. The recordkeeping

requirements require only the specific

information needed to determine

compliance.

The annual monitoring, reporting, and

recordkeeping burden for this collection

(averaged over the first 3 years after the

effective date of the rule) is estimated to

be 32,252 labor hours per year at a total

annual cost of $1,441,539. This estimate

includes a one-time performance test

and report (with repeat tests where

needed); one-time purchase and

installation of bag leak detection

systems; one-time submission of a

startup, shutdown, and malfunction

plan with semiannual reports for any

event when the procedures in the plan

were not followed; semiannual excess

emission reports; maintenance

inspections; notifications; and

recordkeeping. Total capital/startup

costs associated with the monitoring

requirements over the 3-year period of

the ICR are estimated at $80,000, with

no operation and maintenance costs.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An Agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR Part 9 and 48 CFR Chapter

15. The OMB control number(s) for the

information collection requirements in

this rule will be listed in an amendment

to 40 CFR part 9 or 48 CFR Chapter 15

in a subsequent Federal Register

document after OMB approves the ICR.

H. National Technology Transfer and

Advancement Act

As noted in the proposed rule, section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Pub. L. 104–113, section

12(d) (15 U.S.C. 272 note), directs EPA

to use voluntary consensus standards in

its regulatory activities unless to do so

would be inconsistent with applicable

law or otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., material specifications,

test method, sampling procedures, and

business practices) that are developed or

adopted by one or more voluntary

consensus standards bodies. The

NTTAA directs EPA to provide

Congress, through OMB, explanations

when the Agency decides not to use

available and applicable voluntary

consensus standards.

This rulemaking involves technical

standards. Therefore, the Agency

conducted a search to identify

potentially applicable voluntary

consensus standards. However, we

identified no such standards, and none

were brought to our attention in

comments. Therefore, we have decided

to retain the standards in the proposed

rule.

I. Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801, et seq., as added by the

SBREFA 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. Therefore, EPA

will submit a report containing this rule

and other required information to the

United States Senate, the United States

House of Representatives, and the

Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A ‘‘major rule’’

cannot take effect until 60 days after it

is published in the Federal Register.

This rule is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2). This rule

will be effective January 20, 2000.

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Amino/phenolic

resins production, Hazardous

substances, Reporting and

recordkeeping requirements.

Dated: December 15, 1999.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I, part 63 of

the Code of Federal Regulations 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.

2. Part 63 is amended by adding

subpart OOO to read as follows:

Subpart OOO—National Emission

Standards for Hazardous Air Pollutant

Emissions: Manufacture of Amino/

Phenolic Resins

Sec.

63.1400 Applicability and designation of

affected sources.

63.1401 Compliance schedule.

63.1402 Definitions.

63.1403 Emission standards.

63.1404 Storage vessel provisions.

63.1405 Continuous process vent

provisions.

63.1406 Reactor batch process vent

provisions.

63.1407 Non-reactor batch process vent

provisions.

63.1408 Aggregate batch vent stream

provisions.

63.1409 Heat exchange system provisions.

63.1410 Equipment leak provisions.

63.1411 [Reserved]

63.1412 Continuous process vent

applicability assessment procedures and

methods.

63.1413 Compliance demonstration

procedures.

63.1414 Test methods and emission

estimation equations.

63.1415 Monitoring requirements.

63.1416 Recordkeeping requirements.

63.1417 Reporting requirements.

63.1418 [Reserved]

63.1419 Delegation of authority.

Table 1 to Subpart OOO of Part 63-

Applicability of General Provisions to

Subpart OOO Affected Sources

Table 2 to Subpart OOO of Part 63—Known

Organic Hazardous Air Pollutants (HAP)

From the Manufacture of Amino/

Phenolic Resins

Table 3 to Subpart OOO of Part 63—Batch

Process Vent Monitoring Requirements

Table 4 to Subpart OOO of Part 63—

Operating Parameter Levels

Table 5 to Subpart OOO of Part 63—Reports

Required by This Subpart

Table 6 to Subpart OOO of Part 63—

Coefficients for Total Resource

Effectiveness

§ 63.1400 Applicability and designation of

affected sources.

(a) Applicability. The provisions of

this subpart apply to the owner or

operator of processes that produce

amino/phenolic resins and that are

located at a plant site that is a major

source as defined in § 63.2.

(b) Affected source. The affected

source is:

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3291

(1) The total of all amino/phenolic

resin process units (APPU);

(2) The associated heat exchange

systems;

(3) Equipment required by, or utilized

as a method of compliance with, this

subpart which may include control

devices and recovery devices;

(4) Equipment that does not contain

organic hazardous air pollutants (HAPs)

and is located within an APPU that is

part of an affected source;

(5) Vessels and equipment storing

and/or handling material that contain

no organic HAP and/or organic HAP as

impurities only;

(6) Equipment that is intended to

operate in organic HAP service for less

than 300 hours during the calendar year;

(7) Each waste management unit; and

(8) Maintenance wastewater.

(c) Existing affected source. The

affected source to which the existing

source provisions of this subpart apply

is defined in paragraph (b) of this

section.

(d) New affected source. The affected

source to which the new source

provisions of this subpart apply is:

(1) Each affected source defined in

paragraph (b) of this section that

commences construction or

reconstruction after December 14, 1998;

(2) Each additional group of one or

more APPU and associated heat

exchange systems that has the potential

to emit 10 tons per year or more of any

organic HAP or 25 tons per year or more

of any combination of organic HAP that

commences construction after December

14, 1998; or

(3) Each group of one or more process

units and associated heat exchange

systems that are converted to APPUs

after December 14, 1998, that has the

potential to emit 10 tons per year or

more of any organic HAP or 25 tons per

year or more of any combination of

organic HAP.

(e) APPUs without organic HAP. An

APPU that is part of an affected source,

as defined in paragraph (c) or (d) of this

section, but that does not use or

manufacture any organic HAP, is not

subject to any other provisions of this

subpart and is not required to comply

with the provisions of subpart A of this

part. When requested by the

Administrator, the owner or operator

shall demonstrate that the APPU does

not use or manufacture any organic

HAP. Types of information that could

document this determination include,

but are not limited to, records of

chemicals purchased for the process,

analyses of process stream composition,

engineering calculations, or process

knowledge.

(f) Exemption from equipment leak

provisions. Affected sources with actual

annual production of amino/phenolic

resin equal to or less than 800

megagrams per year (Mg/yr) for the 12-

month period preceding December 14,

1998 are exempt from the equipment

leak provisions specified in § 63.1410.

The owner or operator utilizing this

exemption shall recheck the actual

annual production of amino/phenolic

resins for each 12-month period

following December 14, 1998. The

beginning of each 12-month period shall

be the anniversary of December 14,

1998. If the actual annual production of

amino/phenolic resins is greater than

800 Mg/yr for any 12-month period, the

owner or operator shall comply with

§ 63.1410 for the life of the affected

source or until the affected source is no

longer subject to the provisions of this

subpart.

(g) Primary product determination

and applicability. For purposes of this

paragraph, amino resins and phenolic

resins shall be considered to be the

same product and production time or

production mass of amino and phenolic

resins shall be combined for purposes of

determining the primary product under

this paragraph (g). If the owner or

operator determines that a process unit

is not an APPU under paragraphs (g)(1)

through (4) of this section, the owner or

operator shall, when requested by the

Administrator, demonstrate that the

process unit is not an APPU.

(1) Applicability determinations for

process units producing multiple

products. A process unit that produces

more than one intended product at the

same time is an APPU if amino/

phenolic resin production accounts for

the greatest percent of the annual design

capacity on a mass basis. If a process

unit has the same annual design

capacity on a mass basis for two or more

products, the process unit shall be an

APPU if amino/phenolic resins are one

of those products.

(2) Flexible operations process unit

determination based on operating time.

A flexible operations process unit is an

APPU if amino/phenolic resins will be

produced for the greatest operating time

over the 5 years following December 14,

1998 at existing process units, or for the

first year after the process unit begins

production of any product for new

process units.

(3) Flexible operations process unit

determination based on mass

production basis. A flexible operations

process unit that will manufacture

multiple products equally based on

operating time is an APPU if amino/

phenolic resins account for the greatest

percentage of the expected production

on a mass basis over the 5 years

following December 14, 1998 at existing

process units, or for the first year after

the process unit begins production of

any product for new process units.

(4) Flexible operations process unit

default determination. If the owner or

operator cannot determine whether or

not amino/phenolic resins are the

primary product of a flexible operations

process unit in accordance with

paragraphs (g)(2) and (3) of this section,

the flexible operations process unit shall

be designated as an APPU if amino/

phenolic resins were produced for 5

percent or greater of the total operating

time since December 14, 1998 for

existing process units. The flexible

operations process unit shall be

designated as an APPU if the owner or

operator anticipates that amino/

phenolic resins will be manufactured in

the flexible operations process unit at

any time in the first year after the date

the unit begins production of any

product for new process units.

(5) Annual applicability

determination for non-APPUs that have

produced amino/phenolic resins. Once

per year beginning December 14, 2003,

the owner or operator of each flexible

operations process unit that is not

designated as an APPU, but that has

produced amino/phenolic resins at any

time in the preceding 5-year period or

since the date that the unit began

production of any product, whichever is

shorter, shall perform an evaluation to

determine whether the process unit has

become an APPU. A flexible operations

process unit has become an APPU if

amino/phenolic resins were produced

for the greatest operating time over the

preceding 5-year period or since the

date that the process unit began

production of any product, whichever is

shorter.

(6) Applicability determination for

non-APPUs that have not produced

amino/phenolic resins. The owner or

operator that anticipates the production

of amino/phenolic resins in a process

unit that is not designated as an APPU,

and in which no amino/phenolic resins

have been produced in the previous 5-

year period or since the date that the

process unit began production of any

product, whichever is shorter, shall

determine if the process unit will

become an APPU. The owner or

operator shall use the procedures in

paragraphs (g)(1) through (4) of this

section to determine if the process unit

is designated as an APPU, with the

following exception: for existing process

units, production shall be projected for

the 5 years following the date that the

owner or operator anticipates initiating

the production of amino/phenolic

3292 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

resins, instead of the 5 years following

December 14, 1998.

(7) Redetermination of applicability to

APPU that are flexible operations

process units. Whenever changes in

production occur that could reasonably

be expected to cause a flexible

operations process unit to no longer be

an APPU (i.e., amino/phenolic resins

will no longer be the primary product

according to the determination

procedures in paragraphs (g)(2) through

(4) of this section), the owner or

operator shall reevaluate the status of

the process unit as an APPU. A flexible

operations process unit has ceased to be

an APPU subject to this subpart if the

following criteria are met:

(i) If amino/phenolic resins were not

produced for the greatest operating time

over the preceding 5-year period or

since the date that the process unit

began production of any product,

whichever is shorter;

(ii) If the new primary product, which

is not amino/phenolic resins, is subject

to another subpart of this part; and

(iii) If the owner or operator has

notified the Administrator of the

pending change in status for the flexible

operations process unit, as specified in

§ 63.1417(h)(4).

(8) APPU terminating production of

all amino/phenolic resins. If an APPU

terminates the production of all amino/

phenolic resins and does not anticipate

the production of any amino/phenolic

resins in the future, the process unit is

no longer an APPU and is not subject to

this subpart after notification is made to

the Administrator, as specified in

§ 63.1417(h)(4).

(h) Storage vessel applicability

determination. The owner or operator of

a storage vessel at a new affected source

shall determine assignment to a process

unit as follows:

(1) If a storage vessel is already

subject to another subpart of part 63 on

January 20, 2000, said storage vessel

shall continue to be assigned to the

process unit subject to the other subpart.

(2) If a storage vessel is dedicated to

a single process unit, the storage vessel

shall be assigned to that process unit.

(3) If a storage vessel is shared among

process units, then the storage vessel

shall be assigned to that process unit

located on the same plant site as the

storage vessel that has the greatest input

into or output from the storage vessel

(i.e., said process unit has the

predominant use of the storage vessel).

(4) If predominant use cannot be

determined for a storage vessel that is

shared among process units, and if one

or more of those process units is an

APPU subject to this subpart, the storage

vessel shall be assigned to any of the

APPUs.

(5) [Reserved]

(6) If the predominant use of a storage

vessel varies from year to year, then

predominant use shall be determined

based on the use as follows:

(i) For existing affected sources, use

shall be determined based on the

following:

(A) The year preceding January 20,

2000; or

(B) The expected use for the 5 years

following January 20, 2000.

(ii) For new affected sources, use shall

be determined based on the first 5 years

after initial start-up.

(7) Where the storage vessel is located

in a tank farm (including a marine tank

farm), the assignment of the storage

vessel shall be determined according to

paragraphs (h)(7)(i) and (ii) of this

section. Only those storage vessels

where a portion or all of the input into

or output from the storage vessel is

hardpiped directly to one or more

process units are covered by this

paragraph.

(i) The storage vessel is assigned to a

process unit if the product or raw

material entering or leaving the process

unit flows directly into (or from) the

storage vessel in the tank farm without

passing through any intervening storage

vessel. An intervening storage vessel

means a storage vessel connected by

hardpiping both to the process unit and

to the storage vessel in the tank farm.

(ii) If there are two or more process

units that meet the criteria of paragraph

(h)(7)(i) of this section with respect to a

storage vessel, the storage vessel shall be

assigned to one of those process units

according to the provisions of

paragraphs (h)(3) through (6) of this

section.

(8) If the storage vessel begins

receiving material from (or sending

material to) a process unit that was not

included in the initial determination, or

ceases to receive material from (or send

material to) a process unit, the owner or

operator shall reevaluate the

applicability of this subpart to the

storage vessel according to the

procedures in paragraphs (h)(3) through

(7) of this section.

(i) Applicability of other subparts to

this subpart. Paragraphs (i)(1) through

(5) describe the applicability of other

subparts to this subpart.

(1) After the compliance dates

specified in this section, a storage vessel

that is assigned to an affected source

subject to this subpart that is also

subject to and complying with the

provisions of 40 CFR part 60, subpart

Kb, shall continue to comply with 40

CFR part 60, subpart Kb. After the

compliance dates specified in this

section, a storage vessel that is assigned

to an affected source subject to this

subpart that is also subject to the

provisions of 40 CFR part 60, subpart

Kb, but the owner or operator has not

been required to apply controls as part

of complying with 40 CFR part 60,

subpart Kb, is required to comply only

with the provisions of this subpart.

After the compliance dates specified in

this section, said storage vessel shall no

longer be subject to 40 CFR part 60,

subpart Kb.

(2) Affected sources subject to this

subpart that are also subject to the

provisions of subpart Q of this part shall

comply with both subparts.

(3) After the compliance dates

specified in this section, an affected

source subject to this subpart that is also

subject to the provisions of 40 CFR part

60, subpart VV, or the provisions of

subpart H of this part, is required to

comply only with the provisions of this

subpart. After the compliance dates

specified in this section, said source

shall no longer be subject to 40 CFR part

60, subpart VV, or subpart H of this part,

as appropriate.

(4) After the applicable compliance

date specified in this subpart, if a heat

exchange system subject to this subpart

is also subject to a standard identified

in paragraph (i)(4)(i) or (ii) of this

section, compliance with the applicable

provisions of the standard identified in

paragraph (i)(4)(i) or (ii) of this section

shall constitute compliance with the

applicable provisions of this subpart

with respect to that heat exchange

system.

(i) Subpart F of this part.

(ii) A subpart of this part that requires

compliance with § 63.104 (e.g., subpart

U of this part).

(5) After the compliance dates

specified in this subpart, if any

combustion device, recovery device or

recapture device subject to this subpart

is also subject to monitoring,

recordkeeping, and reporting

requirements in 40 CFR part 264,

subparts AA, BB, or CC, or is subject to

monitoring and recordkeeping

requirements in 40 CFR part 265,

subparts AA, BB, or CC, and the owner

or operator complies with the periodic

reporting requirements under 40 CFR

part 264, subparts AA, BB, or CC, that

would apply to the device if the facility

had final-permitted status, the owner or

operator may elect to comply either

with the monitoring, recordkeeping and

reporting requirements of this subpart,

or with the monitoring, recordkeeping

and reporting requirements in 40 CFR

parts 264 and/or 265, as described in

this paragraph, which shall constitute

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3293

compliance with the monitoring,

recordkeeping and reporting

requirements of this subpart. If the

owner or operator elects to comply with

the monitoring, recordkeeping, and

reporting requirements in 40 CFR parts

264 and/or 265, the owner or operator

shall report all information required by

§ 63.1417(f), Periodic Reports, as part of

complying with the requirements of 40

CFR parts 264 and/or 265.

(j) Applicability of General Provisions.

Table 1 of this subpart specifies the

provisions of subpart A of this part that

apply and do not apply to owners and

operators of affected sources subject to

this subpart.

(k) Applicability of this subpart

during periods of start-up, shutdown,

malfunction, or non-operation.

Paragraphs (k)(1) through (4) of this

section shall be followed during periods

of start-up, shutdown, malfunction, or

non-operation of the affected source or

any part thereof.

(1) The emission limitations set forth

in this subpart and the emission

limitations referred to in this subpart

shall apply at all times except during

periods of non-operation of the affected

source (or specific portion thereof)

resulting in cessation of the emissions to

which this subpart applies. The

emission limitations of this subpart and

the emission limitations referred to in

this subpart shall not apply during

periods of start-up, shutdown, or

malfunction. During periods of start-up,

shutdown, or malfunction, the owner or

operator shall follow the applicable

provisions of the start-up, shutdown,

and malfunction plan required by

§ 63.6(e)(3). However, if a start-up,

shutdown, malfunction, or period of

non-operation of one portion of an

affected source does not affect the

ability of a particular emission point to

comply with the emission limitations to

which it is subject, then that emission

point shall still be required to comply

with the applicable emission limitations

of this subpart during the start-up,

shutdown, malfunction, or period of

non-operation. For example, if there is

an overpressure in the reactor area, a

storage vessel that is part of the affected

source would still be required to be

controlled in accordance with § 63.1404.

(2) The emission limitations set forth

in 40 CFR part 63, subpart UU, as

referred to in § 63.1410, shall apply at

all times except during periods of nonoperation of the affected source (or

specific portion thereof) in which the

lines are drained and depressurized

resulting in cessation of the emissions to

which § 63.1410 applies, or during

periods of start-up, shutdown,

malfuncton, or process unit shutdown.

During periods of start-up, shutdown,

malfunction, or process unit shutdown,

the owner or operator shall follow the

applicable provisions of the start-up,

shutdown, and malfunction plan

required by § 63.6(e)(3).

(3) The owner or operator shall not

shut down items of equipment that are

required or utilized for compliance with

this subpart during periods of start-up,

shutdown, or malfunction; or during

times when emissions are being routed

to such items of equipment if the

shutdown would contravene

requirements of this subpart applicable

to such items of equipment. This

paragraph does not apply if the item of

equipment is malfunctioning. This

paragraph also does not apply if the

owner or operator shuts down the

compliance equipment (other than

monitoring systems) to avoid damage

due to a contemporaneous start-up,

shutdown, or malfunction of the

affected source or portion thereof. If the

owner or operator has reason to believe

that monitoring equipment would be

damaged due to a contemporaneous

start-up, shutdown, or malfunction of

the affected source or portion thereof,

the owner or operator shall provide

documentation supporting such a claim

in the Precompliance Report as

provided in § 63.1417(d)(9) or in a

supplement to the Precompliance

Report. Once approved by the

Administrator in accordance with

§ 63.1417(d)(9), the provision for

ceasing to collect, during a start-up,

shutdown, or malfunction, monitoring

data that would otherwise be required

by the provisions of this subpart shall be

incorporated into the start-up,

shutdown, malfunction plan for the

affected source, as stated in paragraph

(k) of this section.

(4) During start-ups, shutdowns, and

malfunctions when the emission

limitations of this subpart do not apply

pursuant to paragraphs (k)(1) through

(3) of this section, the owner or operator

shall implement, to the extent

reasonably available, measures to

prevent or minimize excess emissions to

the extent practical. For purposes of this

paragraph, the term ‘‘excess emissions’’

means emissions in excess of those that

would have occurred if there were no

start-up, shutdown, or malfunction and

the owner or operator complied with the

relevant provisions of this subpart. The

measures to be taken shall be identified

in the applicable start-up, shutdown,

and malfunction plan, and may include,

but are not limited to, air pollution

control technologies, recovery

technologies, work practices, pollution

prevention, monitoring, and/or changes

in the manner of operation of the

affected source. Back-up control devices

are not required, but may be used if

available.

§ 63.1401 Compliance schedule.

(a) New affected sources that

commence construction or

reconstruction after December 14, 1998,

shall be in compliance with this subpart

upon initial start-up or January 20,

2000, whichever is later.

(b) Existing affected sources shall be

in compliance with this subpart no later

than 3 years after January 20, 2000.

(c) If an affected source using the

exemption provided in § 63.1400(f) has

an actual annual production of amino/

phenolic resins exceeding 800 Mg/yr for

any 12-month period, the owner or

operator shall comply with the

provisions of § 63.1410 for the affected

source within 3 years. The starting point

for the 3-year compliance time period

shall be the end of the 12-month period

in which actual annual production for

amino/phenolic resins exceeds 800 Mg/

yr.

(d) Pursuant to section 112(i)(3)(B) of

the Clean Air Act, an owner or operator

may request an extension allowing the

existing affected source up to 1

additional year to comply with section

112(d) standards. For purposes of this

subpart, a request for an extension shall

be submitted to the permitting authority

as part of the operating permit

application or to the Administrator as a

separate submittal or as part of the

Precompliance Report.

(1) Requests for extensions shall be

submitted no later than 120 days prior

to the compliance dates specified in

paragraphs (a) and (b) of this section

and shall include the data described in

§ 63.6(i)(6)(i)(A), (B), and (D). The dates

specified in § 63.6(i) for submittal of

requests for extensions shall not apply

to this subpart.

(2) An owner or operator may submit

a compliance extension request less

than 120 days prior to the compliance

dates specified in paragraphs (a) and (b)

of this section provided that the need

for the compliance extension arose after

that date, and the need arose due to

circumstances beyond reasonable

control of the owner or operator. This

request shall include, in addition to the

information specified in

§ 63.6(i)(6)(i)(A), (B), and (D), a

statement of the reasons additional time

is needed and the date when the owner

or operator first learned of the

circumstances necessitating a request

for compliance extension.

(e) All terms in this subpart that

define a period of time for completion

of required tasks (e.g., weekly, monthly,

quarterly, annual), unless specified

3294 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

otherwise, refer to the standard calendar

periods.

(1) Notwithstanding time periods

specified in this subpart for completion

of required tasks, such time periods may

be changed by mutual agreement

between the owner or operator and the

Administrator, as specified in subpart A

of this part (e.g., a period could begin

on the compliance date or another date,

rather than on the first day of the

standard calendar period). For each time

period that is changed by agreement, the

revised period shall remain in effect

until it is changed. A new request is not

necessary for each recurring period.

(2) Where the period specified for

compliance is a standard calendar

period, if the initial compliance date

occurs after the beginning of the period,

compliance shall be required according

to the schedule specified in paragraph

(e)(2)(i) or (ii) of this section, as

appropriate:

(i) Compliance shall be required

before the end of the standard calendar

period within which the compliance

deadline occurs, if there remain at least

3 days for tasks that must be performed

weekly, at least 2 weeks for tasks that

must be performed monthly, at least 1

month for tasks that must be performed

each quarter, or at least 3 months for

tasks that must be performed annually;

or

(ii) In all other cases, compliance

shall be required before the end of the

first full standard calendar period after

the period within which the initial

compliance deadline occurs.

(3) In all instances where a provision

of this subpart requires completion of a

task during each of multiple successive

periods, an owner or operator may

perform the required task at any time

during the specified period, provided

that the task is conducted at a

reasonable interval after completion of

the task during the previous period.

§ 63.1402 Definitions.

(a) The following terms used in this

subpart shall have the meaning given

them in §§ 63.2, 63.101, 63.111, and

63.161 as specified after each term:

Act (§ 63.2)

Administrator (§ 63.2)

Annual average concentration (§ 63.111)

Annual average flow rate (§ 63.111)

Automated monitoring and recording

system (§ 63.111)

Boiler (§ 63.111)

Bottoms receiver (§ 63.161)

By compound (§ 63.111)

By-product (§ 63.101)

Car-seal (§ 63.111)

Closed-vent system (§ 63.111)

Combustion device (§ 63.111)

Commenced (§ 63.2)

Compliance date (§ 63.2)

Connector (§ 63.161)

Construction (§ 63.2)

Continuous monitoring system (§ 63.2)

Distillation unit (§ 63.111)

Duct work (§ 63.161)

Emission standard (§ 63.2)

EPA (§ 63.2)

External floating roof (§ 63.111)

First attempt at repair (§ 63.111)

Flame zone (§ 63.111)

Floating roof (§ 63.111)

Flow indicator (§ 63.111)

Fuel gas (§ 63.101)

Fuel gas system (§ 63.101)

Hard-piping (§ 63.111)

Hazardous air pollutant (§ 63.2)

Impurity (§ 63.101)

Inorganic hazardous air pollutant service

(§ 63.161)

Incinerator (§ 63.111)

Instrumentation system (§ 63.161)

Internal floating roof (§ 63.111)

Lesser quantity (§ 63.2)

Major source (§ 63.2)

Open-ended valve or line (§ 63.161)

Operating permit (§ 63.101)

Organic monitoring device (§ 63.111)

Owner or operator (§ 63.2)

Performance evaluation (§ 63.2)

Performance test (§ 63.2)

Permitting authority (§ 63.2)

Plant site (§ 63.101)

Potential to emit (§ 63.2)

Primary fuel (§ 63.111)

Process heater (§ 63.111)

Process unit shutdown (§ 63.161)

Process wastewater (§ 63.111)

Reactor (§ 63.111)

Reconstruction (§ 63.2)

Routed to a process or route to a process

(§ 63.161)

Run (§ 63.2)

Secondary fuel (§ 63.111)

Sensor (§ 63.161)

Specific gravity monitoring device (§ 63.111)

Start-up, shutdown, and malfunction plan

(§ 63.101)

State (§ 63.2)

Surge control vessel (§ 63.161)

Temperature monitoring device (§ 63.111)

Test method (§ 63.2)

Total resource effectiveness (TRE) index

value (§ 63.111)

Treatment process (§ 63.111)

Unit operation (§ 63.101)

Visible emission (§ 63.2)

(b) All other terms used in this

subpart shall have the meaning given

them in this section. If a term is defined

in §§ 63.2, 63.101, 63.111, or 63.161 or

defined in 40 CFR part 63, subparts SS,

UU, or WW and in this section, it shall

have the meaning given in this section

for purposes of this subpart.

Aggregate batch vent stream means a

process vent containing emissions from

at least one reactor batch process vent

and at least one additional reactor or

non-reactor batch process vent where

the emissions are ducted, hardpiped, or

otherwise connected together for a

continuous flow.

Amino resin means a thermoset resin

produced through the reaction of

formaldehyde, or a formaldehyde

containing solution (e.g., aqueous

formaldehyde), with compound(s) that

contain the amino group; these

compounds include melamine, urea,

and urea derivatives. Formaldehyde

substitutes are exclusively aldehydes.

Amino/phenolic resin means one or

both of the following:

(1) Amino resin; or

(2) Phenolic resin.

Amino/phenolic resin. process unit

(APPU) means a collection of equipment

assembled and connected by hardpiping

or ductwork used to process raw

materials and to manufacture an amino/

phenolic resin as its primary product.

This collection of equipment includes

unit operations; process vents; storage

vessels, as determined in § 63.1400(h);

and the equipment that is subject to the

equipment leak provisions as specified

in § 63.1410. Utilities, lines and

equipment not containing process

fluids, and other non-process lines, such

as heating and cooling systems which

do not combine their materials with

those in the processes they serve, are

not part of the amino/phenolic resin

process unit. An amino/phenolic resin

process unit consists of more than one

unit operation.

Batch cycle means the operational

step or steps, from start to finish, that

occur as part of a batch unit operation.

Batch emission episode means a

discrete emission venting episode

associated with a single batch unit

operation. Multiple batch emission

episodes may occur from a single batch

unit operation.

Batch mode means the discontinuous

bulk movement of material through a

unit operation. Mass, temperature,

concentration, and other properties may

vary with time. For a unit operation

operated in a batch mode (i.e., batch

unit operation), the addition of material

and withdrawal of material do not

typically occur simultaneously.

Batch process vent means a process

vent from a batch unit operation within

an affected source. Batch process vents

are either reactor batch process vents or

non-reactor batch process vents.

Batch unit operation means a unit

operation operated in a batch mode.

Block means the time period that

comprises a single batch cycle.

Combustion device burner means a

device designed to mix and ignite fuel

and air to provide a flame to heat and

oxidize waste organic vapors in a

combustion device.

Continuous mode means the

continuous movement of material

through a unit operation. Mass,

temperature, concentration, and other

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3295

properties typically approach steadystate conditions. For a unit operation

operated in a continuous mode (i.e.,

continuous unit operation), the

simultaneous addition of raw material

and withdrawal of product is typical.

Continuous process vent means a

process vent from a continuous unit

operation within an affected source.

Process vents that are serving as control

devices are not subject to additional

control requirements.

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 § 63.1416(c) or (h).

Continuous recorder means a data

recording device that either records an

instantaneous data value at least once

every 15 minutes or records 1 hour or

more frequent block average values.

Continuous unit operation means a

unit operation operated in a continuous

mode.

Control device means any combustion

device, recovery device, or recapture

device. Such equipment includes, but is

not limited to, absorbers, carbon

adsorbers, condensers, incinerators,

flares, boilers, and process heaters. For

continuous process vents, recapture

devices are considered control devices

but recovery devices are not considered

control devices. Condensers operating

as process condensers are not

considered control devices. For a

condenser that sometimes operates as a

process condenser to be considered a

control device, it shall not be operating

as a process condenser for a given batch

emission episode, and it shall recycle of

the recovered material within the

process.

Control technology means any process

modification or use of equipment that

reduces organic HAP emissions.

Examples include, but are not limited

to, product reformulation to reduce

solvent content and/or use, batch cycle

time reduction to reduce the duration of

emissions, reduction of nitrogen purge

rate, and the lowering of process

condenser coolant temperatures.

Controlled organic HAP emissions

means the quantity of organic HAP

discharged to the atmosphere from a

control device.

Emission point means an individual

continuous process vent, batch process

vent, aggregate batch vent stream,

storage vessel, equipment leak, or heat

exchange system.

Equipment means , for the purposes

of the provisions in § 63.1410, each

pump, compressor, agitator, pressure

relief device, sampling connection

system, open-ended valve or line, valve,

connector, and instrumentation system

in organic HAP service; and any control

devices or systems required by

§ 63.1410. For purposes of this subpart,

surge control vessels and bottom

receivers are not equipment for

purposes of regulating equipment leak

emissions. Surge control vessels and

bottoms receivers are regulated as nonreactor batch process vents for the

purposes of this subpart.

Equipment leak means emissions of

organic HAP from a pump, compressor,

agitator, pressure relief device, sampling

connection system, open-ended valve or

line, valve, or instrumentation system

that either contains or contacts a fluid

(liquid or gas) that is at least 5 percent

by weight of total organic HAP.

Existing process unit means any

process unit that is not a new process

unit.

Flexible operations process unit

means a process unit that periodically

manufactures different chemical

products, polymers, or resins by

alternating raw materials or operating

conditions. These units are also referred

to as campaign plants or blocked

operations.

Heat exchange system means any

cooling tower system or once-through

cooling water system (e.g., river or pond

water) designed and intended to operate

to not allow contact between the cooling

medium and process fluid or gases (i.e.,

a noncontact system). A heat exchange

system may include more than one heat

exchanger and may include

recirculating or once-through cooling

systems.

Highest-HAP recipe for a product

means the recipe of the product with the

highest total mass of organic HAP

charged to the reactor during the

production of a single batch of product.

Initial start-up means the first time a

new or reconstructed affected source

begins production, or, for equipment

added or changed, the first time the

equipment is put into operation. Initial

start-up does not include operation

solely for testing equipment. Initial

start-up does not include subsequent

start-ups of an affected source or portion

thereof following malfunctions or

shutdowns, or following changes in

product for flexible operation process

units, or following recharging of

equipment in batch operation. Further,

for purposes of §§ 63.1401 and 63.1410,

initial start-up does not include

subsequent start-ups of affected sources

or portions thereof following

malfunctions or process unit

shutdowns.

Inprocess recycling means a recycling

operation in which recovered material is

used by a unit operation within the

same affected source. It is not necessary

for recovered material to be used by the

unit operation from which they were

recovered.

Maintenance wastewater means

wastewater generated by the draining of

process fluid from components in the

APPU into an individual drain system

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

descaling of heat exchanger tubing

bundles, cleaning of distillation column

traps, draining of low legs and high

point bleeds, draining of pumps into an

individual drain system, and draining of

portions of the APPU for repair. The

generation of wastewater from the

routine rinsing or washing of equipment

in batch operation between batches is

not maintenance wastewater for the

purposes of this subpart.

Malfunction means any sudden,

infrequent, and not reasonably

preventable failure of air pollution

control equipment or process

equipment, or failure of a process to

operate in a normal or usual manner, or

opening of a safety device. Failures that

are caused in part by poor maintenance

or careless operation are not

malfunctions.

Maximum representative operating

conditions means, for purposes of

testing or measurements required by

§ 63.1413, those conditions which

reflect the highest organic HAP

emissions reasonably expected to be

vented to the control device or emitted

to the atmosphere. For affected sources

that produce the same product(s) using

multiple recipes, the production of the

highest-HAP recipe is reflective of

maximum representative operating

conditions.

Maximum true vapor pressure means

the equilibrium partial pressure exerted

by the total organic HAP in the stored

liquid at the temperature equal to the

highest calendar-month average of the

liquid storage temperature for liquids

stored above or below the ambient

temperature, or at the local maximum

monthly average temperature as

reported by the National Weather

Service for liquids stored at the ambient

temperature, as determined:

(1) In accordance with methods

described in American Petroleum

Institute Publication 2517, Evaporative

Loss From External Floating-Roof Tanks

(incorporated by reference as specified

in § 63.14); or

(2) As obtained from standard

reference texts; or

3296 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

(3) As determined by the American

Society for Testing and Materials

Method D2879–83 (incorporated by

reference as specified in § 63.14); or

(4) Any other method approved by the

Administrator.

Multicomponent system means, as

used in conjunction with batch process

vents, a stream whose liquid and/or

vapor contains more than one

compound.

Net heating value means the

difference between the heat value of the

recovered chemical stream and the

minimum heat value required to ensure

a stable flame in the combustion device.

This difference must have a positive

value when used in the context of

‘‘recovering chemicals for fuel value’’

(e.g., in the definition of ‘‘recovery

device’’ in this section).

New process unit means a process

unit for which the construction or

reconstruction commenced after

December 14, 1998.

Non-reactor batch process vent means

a batch process vent originating from a

unit operation other than a reactor. Nonreactor batch process vents include, but

are not limited to, batch process vents

from filter presses, surge control vessels,

bottoms receivers, weigh tanks, and

distillation systems.

Non-solvent-based resin means an

amino/phenolic resin manufactured

without the use of a solvent as described

in the definition of solvent-based resin.

On-site or On site means, with respect

to records required to be maintained by

this subpart or required by another

subpart referenced by this subpart,

records are stored at a location within

a major source which encompasses the

affected source. On-site includes, but is

not limited to, storage at the affected

source or APPU to which the records

pertain, or storage in central files

elsewhere at the major source.

Operating day means the period

defined by the owner or operator in the

Notification of Compliance Status

required by § 63.1417(e). The operating

day is the period for which daily

average monitoring values and batch

cycle daily average monitoring values

are determined.

Organic hazardous air pollutant(s)

(organic HAP) means one or more of the

chemicals listed in Table 2 of this

subpart or any other chemical which is:

(1) Knowingly produced or

introduced into the manufacturing

process other than as an impurity; and

(2) Listed in Table 2 of subpart F of

this part.

Phenolic resin means a thermoset

resin that is a condensation product of

formaldehyde and phenol, or a

formaldehyde substitute and/or a

phenol substitute. Substitutes for

formaldehyde are exclusively aldehydes

and include acetaldehyde or

furfuraldehyde. Substitutes for phenol

include other phenolic starting

compounds such as cresols, xylenols, ptert-butylphenol, p-phenylphenol,

nonylphenol, and resorcinols.

Process condenser means a condenser

functioning so as to recover material as

an integral part of a unit operation(s). A

process condenser shall support a

vapor-to-liquid phase change for periods

of equipment operation that are at or

above the boiling or bubble point of

substance(s) at the liquid surface.

Examples of process condensers include

distillation condensers, reflux

condensers, and condensers used in

stripping or flashing operations. In a

series of condensers, all condensers up

to and including the first condenser

with an exit gas temperature below the

boiling or bubble point of the

substance(s) at the liquid surface are

considered to be process condensers.

All condensers in line prior to a vacuum

source are considered process

condensers when the vacuum source is

being operated. A condenser may be a

process condenser for some batch

emission episodes and, when meeting

certain conditions, may be a control

device for other batch emission

episodes.

Process unit means a collection of

equipment assembled and connected by

hardpiping or ductwork used to process

raw materials and to manufacture a

product.

Process vent means a gaseous

emission stream from a unit operation

where the gaseous emission stream is

discharged to the atmosphere either

directly or after passing through one or

more control, recovery, or recapture

devices. Unit operations that may have

process vents are condensers,

distillation units, reactors, or other unit

operations within the APPU. Emission

streams that are undiluted and

uncontrolled containing less than 50

parts per million volume (ppmv)

organic HAP, as determined through

process knowledge that no organic HAP

are present in the emission stream or

using an engineering assessment as

discussed in § 63.1414(d)(6); test data

using the test methods specified in

§ 63.1414(a); or any other test method

that has been validated according to the

procedures in Method 301 of appendix

A of this part are not considered process

vents. Process vents exclude relief valve

discharges, gaseous streams routed to a

fuel gas system(s), and leaks from

equipment regulated under § 63.1410.

Process vents that are serving as control

devices are not subject to additional

control requirements.

Product means a resin, 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 resins, more than one recipe

may be used to produce the same

product. Product also means a chemical

that is not a resin that is manufactured

by a process unit. By-products, isolated

intermediates, impurities, wastes, and

trace contaminants are not considered

products.

Reactor batch process vent means a

batch process vent originating from a

reactor.

Recapture device means an individual

unit of equipment capable of and used

for the purpose of recovering chemicals,

but not normally for use, reuse, or sale.

For example, a recapture device may

recover chemicals primarily for

disposal. Recapture devices include, but

are not limited to, absorbers, carbon

adsorbers, and condensers.

Recipe means a specific composition

from among the range of possible

compositions that may occur within a

product, as defined in this section. A

recipe is determined by the proportions

of monomers and, if present, other

reactants and additives that are used to

make the recipe. For example, a

methylated amino resin and a nonmethylated amino resin are both

different recipes of the same product,

amino resin.

Recovery device means an individual

unit of equipment capable of and

normally used for the purpose of

recovering chemicals for use, reuse, fuel

value (i.e., net heating value); or for sale

for use, reuse, or fuel value (i.e., net

heating value). Examples of equipment

that may be recovery devices include

absorbers, carbon adsorbers, condensers,

oil-water separators or organic-water

separators, or organic removal devices

such as decanters, strippers, or thin-film

evaporation units. For the purposes of

the monitoring, recordkeeping, or

reporting requirements of this subpart,

recapture devices are considered

recovery devices.

Safety device means a closure device

such as a pressure relief valve, frangible

disc, fusible plug, or any other type of

device which functions exclusively to

prevent physical damage or permanent

deformation to a unit or its air emission

control equipment by venting gases or

vapors directly to the atmosphere

during unsafe conditions resulting from

an unplanned, accidental, or emergency

event. For the purposes of this subpart,

a safety device is not used for routine

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3297

venting of gases or vapors from the

vapor headspace underneath a cover

such as during filling of the unit or to

adjust the pressure in this vapor

headspace in response to normal daily

diurnal ambient temperature

fluctuations. A safety device is designed

to remain in a closed position during

normal operations and open only when

the internal pressure, or another

relevant parameter, exceeds the device

threshold setting applicable to the air

emission control equipment as

determined by the owner or operator

based on manufacturer

recommendations, applicable

regulations, fire protection and

prevention codes, standard engineering

codes and practices, or other

requirements for the safe handling of

flammable, combustible, explosive,

reactive, or hazardous materials.

Shutdown means for purposes

including, but not limited to, periodic

maintenance, replacement of

equipment, or repair, the cessation of

operation of an affected source, an

APPU(s) within an affected source, or

equipment required or used to comply

with this subpart, or the emptying or

degassing of a storage vessel. For

purposes of the batch process vent

provisions in §§ 63.1406 through

63.1408, the cessation of equipment in

batch operations is not a shutdown,

unless the equipment undergoes

maintenance, is replaced, or is repaired.

Solvent-based resin means an amino/

phenolic resin that consumes a solvent

(i.e., methanol, xylene) as a reactant in

the resin producing reaction. The use of

a solvent as a carrier (i.e., adding

methanol to the product/water solution

after the reaction is complete) does not

meet this definition.

Start-up means the setting into

operation of an affected source, an

APPU(s) within an affected source, a

unit operation within an affected

source, or equipment required or used

to comply with this subpart, or a storage

vessel after emptying and degassing. For

both continuous and batch unit

operations, start-up includes initial

start-up and operation solely for testing

equipment. For both continuous and

batch unit operations, start-up does not

include the recharging of equipment in

batch operation. For continuous unit

operations, start-up includes

transitional conditions due to changes

in product for flexible operation process

units. For batch unit operations, start-up

does not include transitional conditions

due to changes in product for flexible

operation process units.

Steady-state conditions means that all

variables (temperatures, pressures,

volumes, flow rates, etc.) in a process do

not vary significantly with time; minor

fluctuations about constant mean values

may occur.

Storage vessel means a tank or other

vessel that is used to store liquids that

contain one or more organic HAP.

Storage vessels do not include:

(1) Vessels permanently attached to

motor vehicles such as trucks, railcars,

barges, or ships;

(2) Pressure vessels designed to

operate in excess of 204.9 kilopascals

and without emissions to the

atmosphere;

(3) Vessels with capacities smaller

than 38 cubic meters;

(4) Vessels and equipment storing

and/or handling material that contains

no organic HAP and/or organic HAP as

impurities only;

(5) Wastewater storage tanks;

(6) Surge control vessels or bottoms

receivers; and

(7) Vessels and equipment storing

and/or handling amino/phenolic resin.

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.

Uncontrolled organic HAP emissions

means the organic HAP emitted from a

unit operation prior to introduction of

the emission stream into a control

device. Uncontrolled HAP emissions are

determined after any condenser that is

operating as a process condenser. If an

emission stream is not routed to a

control device, uncontrolled organic

HAP emissions are those organic HAP

emissions released to the atmosphere.

Vent stream, as used in reference to

batch process vents, aggregate batch

vent streams, continuous process vents,

and storage vessels, means the

emissions from that emission point.

Waste management unit means the

equipment, structure(s), and/or

device(s) used to convey, store, treat, or

dispose of wastewater streams or

residuals. Examples of waste

management units include: wastewater

tanks, surface impoundments,

individual drain systems, and biological

wastewater treatment units. Examples of

equipment that may be waste

management units include containers,

air flotation units, oil-water separators

or organic-water separators, or organic

removal devices such as decanters,

strippers, or thin-film evaporation units.

If such equipment is used for recovery,

then it is part of an APPU and is not a

waste management unit.

Wastewater is either a process

wastewater or maintenance wastewater

and means water that:

(1) Contains either:

(i) An annual average concentration of

organic HAP, as indicated on Table 2 of

this subpart, of at least 5 parts per

million by weight and has an annual

average flow rate of 0.02 liter per minute

or greater; or

(ii) An annual average concentration

of organic HAP, as indicated on Table

2 of this subpart, of at least 10,000 parts

per million by weight at any flow rate.

(2) Is discarded from an APPU that is

part of an affected source.

(3) Does not include:

(i) Stormwater from segregated

sewers;

(ii) Water from fire-fighting and

deluge systems in segregated sewers;

(iii) Spills;

(iv) Water from safety showers;

(v) Water from testing of deluge

systems; and

(vi) Water from testing of firefighting

systems.

Wastewater stream means a stream

that contains wastewater as defined in

this section.

§ 63.1403 Emission standards.

(a) Provisions of this subpart. Except

as allowed under paragraph (b) of this

section, the owner or operator of an

affected source shall comply with the

provisions of §§ 63.1404 through

63.1410, as appropriate. When

emissions are vented to a control device

or control technology as part of

complying with this subpart, emissions

shall be vented through a closed vent

system meeting the requirements of 40

CFR part 63, subpart SS (national

emission standards for closed vent

systems, control devices, recovery

devices).

(b) Combined emission streams. When

emissions of different kinds (e.g.,

emissions from continuous process

vents, storage vessels, etc.) are

combined at a new affected source, and

at least one of the emission streams

would be required by this subpart to

apply controls in the absence of

combination with other emission

streams, the owner or operator shall

comply with the requirements of

paragraph (b)(1) or (2) of this section, as

appropriate.

(1) For any combined vent stream that

includes one or more aggregate batch

vent streams, comply with the

provisions for aggregate batch vent

streams.

(2) For any combined vent stream that

does not include one or more aggregate

batch vent streams:

(i) Reactor batch process vents and

non-reactor batch process vents shall

3298 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

comply with the provisions for reactor

batch process vents and non-reactor

batch process vents, as appropriate.

(ii) The remaining emissions (i.e.,

storage vessel and/or continuous

process vent emissions) included in the

combined vent stream shall comply the

provisions for storage vessels when

storage vessel emissions are included

and shall comply with the provisions

for continuous process vents in the

absence of storage vessel emissions (i.e.,

when only continuous process vents are

included).

(c) Compliance for flexible operations

process units. With the exceptions

specified in paragraphs (c)(1) and (2) of

this section, owners or operators of

APPUs that are flexible operations

process units shall comply with the

provisions of this subpart at all times,

regardless of the product being

manufactured. Once it has been

determined that an emission point

requires control during manufacture of

amino/phenolic resins, that emission

point shall be controlled at all times

regardless of the product being

manufactured.

(1) When a flexible operations process

unit is manufacturing a product in

which no organic HAP are used or

manufactured, the owner or operator is

not required to comply with the

provisions of this subpart or with the

provisions of subpart A of this part

during manufacture of that product.

When requested by the Administrator,

the owner or operator shall demonstrate

that no organic HAP are used or

manufactured.

(2) When a flexible operations process

unit is manufacturing a product subject

to subpart GGG of this part, the owner

or operator is not required to comply

with the provisions of this subpart

during manufacture of that product (i.e.,

a pharmaceutical).

§ 63.1404 Storage vessel provisions.

(a) Emission standards. For each

storage vessel located at a new affected

source that has a capacity of 50,000

gallons or greater and vapor pressure of

2.45 pounds per square inch absolute

(psia) or greater or has a capacity of

90,000 gallons or greater and vapor

pressure of 0.15 psia or greater, the

owner or operator shall comply with

either paragraph (a) (1) or (2) of this

section. As an alternative to complying

with paragraph (a) of this section, an

owner or operator may comply with

paragraph (b) of this section.

(1) Reduce emissions of total organic

HAP by 95 weight-percent. Control shall

be achieved by venting emissions

through a closed vent system to any

combination of control devices meeting

the requirements of 40 CFR part 63,

subpart SS (national emission standards

for closed vent systems, control devices,

recovery devices). When complying

with the requirements of 40 CFR part

63, subpart SS, the following apply for

purposes of this subpart:

(i) Design evaluations are allowed for

control devices that control emission

points with total emissions less than 10

tons of organic HAP per year before

control (i.e., small control devices).

(ii) When 40 CFR part 63, subpart SS

refers to specific test methods for the

measurement of organic HAP

concentration, the test methods

presented in § 63.1414(a) shall be used.

(iii) The option to measure TOC

instead of organic HAP, as a basis for

demonstrating compliance, is not

allowed.

(iv) Excused excursions are not

allowed.

(v) The provisions in § 63.1403(b),

rather than the provisions in § 63.982(f),

are to be followed for combined vent

streams.

(vi) When a scrubber is used as a

control device, the owner or operator

shall follow the guidance provided in

this subpart for design evaluations or

performance tests, as appropriate, and

for monitoring, recordkeeping, and

reporting.

(vii) When there are conflicts between

the due dates for reports presented in 40

CFR part 63, subpart SS and this

subpart, reports shall be submitted

according to the due dates presented in

this subpart.

(viii) When there are conflicts

between the recordkeeping and

reporting requirements presented in 40

CFR part 63, subpart SS and this

subpart, the owner or operator shall

either follow both sets of requirements

( i.e., follow the requirements in 40 CFR

part 63, subpart SS for emission points

covered by 40 CFR part 63, subpart SS

and follow the requirements of this

subpart for emission points covered by

this subpart) or shall follow the set of

requirements they prefer. If an owner or

operator chooses to follow just one set

of requirements, the owner or operator

shall identify which set of requirements

are being followed and which set of

requirements are being disregarded in

the appropriate report.

(2) Comply with the requirements of

40 CFR part 63, subpart WW (national

emission standards for storage vessels

(control level 2)). When complying with

the requirements of 40 CFR part 63,

subpart WW, the following apply for

purposes of this subpart:

(i) When there are conflicts between

the due dates for reports presented in 40

CFR part 63, subpart WW and this

subpart, reports shall be submitted

according to the due dates presented in

this subpart.

(ii) When there are conflicts between

the recordkeeping and reporting

requirements presented in 40 CFR part

63, subpart WW and this subpart, the

owner or operator shall either follow

both sets of requirements (i.e., follow

the requirements in 40 CFR part 63,

subpart WW for emission points

covered by 40 CFR part 63, subpart WW

and follow the requirements of this

subpart for emission points covered by

this subpart) or shall follow the set of

requirements they prefer. If an owner or

operator chooses to follow just one set

of requirements, the owner or operator

shall identify which set of requirements

are being followed and which set of

requirements are being disregarded in

the appropriate report.

(b) Alternative standard. Vent all

organic HAP emissions from a storage

vessel meeting either of the capacity and

vapor pressure criteria specified in

paragraph (a) of this section to a

combustion control device achieving an

outlet organic HAP concentration of 20

ppmv or less or to a non-combustion

control device achieving an outlet

organic HAP concentration of 50 ppmv

or less. Any storage vessels that are not

vented to a control device meeting these

conditions shall be controlled in

accordance with the provisions of

paragraph (a)(1) or (2) of this section.

§ 63.1405 Continuous process vent

provisions.

(a) Emission standards. For each

continuous process vent located at a

new affected source with a Total

Resource Effectiveness (TRE) index

value, as determined following the

procedures specified in § 63.1412(j), less

than or equal to 1.2, the owner or

operator shall comply with either

paragraph (a)(1) or (2) of this section. As

an alternative to complying with

paragraph (a) of this section, an owner

or operator may comply with paragraph

(b) of this section.

(1) Vent all emissions of organic HAP

to a flare.

(2) Reduce emissions of total organic

HAP by 85 weight-percent or to a

concentration of 20 ppmv when using a

combustion control device or to a

concentration of 50 ppmv when using a

non-combustion control device,

whichever is less stringent. Control

shall be achieved by venting emissions

through a closed vent system to any

combination of control devices meeting

the requirements of 40 CFR part 63,

subpart SS (national emission standards

for closed vent systems, control devices,

recovery devices). When complying

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3299

with the requirements of 40 CFR part

63, subpart SS, the following apply for

purposes of this subpart:

(i) Design evaluations are allowed for

control devices that control emission

points with total emissions less than 10

tons of organic HAP per year before

control (i.e., small control devices).

(ii) When 40 CFR part 63, subpart SS

refers to specific test methods for the

measurement of organic HAP

concentration, the test methods

presented in § 63.1414(a) shall be used.

(iii) The option to measure TOC

instead of organic HAP, as a basis for

demonstrating compliance, is not

allowed.

(iv) Excused excursions are not

allowed.

(v) The provisions in § 63.1403(b),

rather than the provisions in § 63.982(f),

are to be followed for combined vent

streams.

(vi) When a scrubber is used as a

control device, the owner or operator

shall follow the guidance provided in

this subpart for design evaluations or

performance tests, as appropriate, and

for monitoring, recordkeeping, and

reporting.

(vii) When there are conflicts between

the due dates for reports presented in 40

CFR part 63, subpart SS and this

subpart, reports shall be submitted

according to the due dates presented in

this subpart.

(viii) When there are conflicts

between the recordkeeping and

reporting requirements presented in 40

CFR part 63, subpart SS and this

subpart, the owner or operator shall

either follow both sets of requirements

(i.e., follow the requirements in 40 CFR

part 63, subpart SS for emission points

covered by 40 CFR part 63, subpart SS

and follow the requirements of this

subpart for emission points covered by

this subpart) or shall follow the set of

requirements they prefer. If an owner or

operator chooses to follow just one set

of requirements, the owner or operator

shall identify which set of requirements

are being followed and which set of

requirements are being disregarded in

the appropriate report.

(b) Alternative standard. Vent all

organic HAP emissions from a

continuous process vent meeting the

TRE value specified in paragraph (a) of

this section to a combustion control

device achieving an outlet organic HAP

concentration of 20 ppmv or less or to

a non-combustion control device

achieving an outlet organic HAP

concentration of 50 ppmv or less. Any

continuous process vents that are not

vented to a control device meeting these

conditions shall be controlled in

accordance with the provisions of

paragraphs (a)(1) or (2) of this section.

§ 63.1406 Reactor batch process vent

provisions.

(a) Emission standards. Owners or

operators of reactor batch process vents

located at new or existing affected

sources shall comply with paragraph

(a)(1) or (2) of this section, as

appropriate. As an alternative to

complying with paragraph (a) of this

section, an owner or operator may

comply with paragraph (b) of this

section.

(1) The owner or operator of a reactor

batch process vent located at a new

affected source shall control organic

HAP emissions by complying with

either paragraph (a)(1)(i), (ii), or (iii) of

this section.

(i) Vent all emissions of organic HAP

to a flare.

(ii) Reduce organic HAP emissions for

the batch cycle by 95 weight percent

using a control device or control

technology.

(iii) Reduce organic HAP emissions

from the collection of all reactor batch

process vents within the affected source,

as a whole, to 0.0045 kilogram of

organic HAP per megagram of product

or less for solvent-based resin

production, or to 0.0004 kilogram of

organic HAP per megagram of product

or less for non-solvent-based resin

production.

(2) The owner or operator of a reactor

batch process vent located at an existing

affected source shall control organic

HAP emissions by complying with

either paragraph (a)(2)(i), (ii), or (iii) of

this section.

(i) Vent all emissions of organic HAP

to a flare.

(ii) Reduce organic HAP emissions for

the batch cycle by 83 weight percent

using a control device or control

technology.

(iii) Reduce organic HAP emissions

from the collection of all reactor batch

process vents within the affected source,

as a whole, to 0.0567 kilogram of

organic HAP per megagram of product

or less for solvent-based resin

production, or to 0.0057 kilogram of

organic HAP per megagram of product

or less for non-solvent-based resin

production.

(b) Alternative standard. Vent all

organic HAP emissions from a reactor

batch process vent to a combustion

control device achieving an outlet

organic HAP concentration of 20 ppmv

or less or to a non-combustion control

device achieving an outlet organic HAP

concentration of 50 ppmv or less. Any

reactor batch process vents that are not

vented to a control device meeting these

conditions shall be controlled in

accordance with the provisions of

paragraph (a)(1)(ii), or paragraph

(a)(2)(ii) of this section.

(c) Use of boiler or process heater. If

a boiler or process heater is used to

comply with the requirements of

paragraph (a)(1)(i) or (ii), or paragraph

(a)(2)(i) or (ii) of this section, the reactor

batch process vent shall be introduced

into the flame zone of such a device.

§ 63.1407 Non-reactor batch process vent

provisions.

(a) Emission standards. (1) Owners or

operators of non-reactor batch process

vents located at new or existing affected

sources with 0.25 tons per year (0.23

megagrams per year) of uncontrolled

organic HAP emissions or greater from

the collection of non-reactor batch

process vents within the affected source

shall comply with the requirements in

paragraph (a)(2) or (3) of this section, as

appropriate. As an alternative to

complying with paragraph (a)(2) or (3)

of this section, an owner or operator

may comply with paragraph (b) of this

section. Owners or operators shall

determine uncontrolled organic HAP

emissions from the collection of nonreactor batch process vents within the

affected source as specified in paragraph

(d) of this section. If the owner or

operator finds that uncontrolled organic

HAP emissions from the collection of

non-reactor batch process vents within

the affected source are less than 0.25

tons per year (0.23 megagrams per year),

non-reactor batch process vents are not

subject to the control requirements of

this section. Further, the owner or

operator shall, when requested by the

Administrator, demonstrate that organic

HAP emissions for the collection of nonreactor batch process vents within the

affected source are less than 0.25 tons

per year (0.23 megagrams per year).

(2) The owner or operator of a nonreactor batch process vent located at a

new affected source shall:

(i) Vent all emissions of organic HAP

to a flare; or

(ii) For the collection of non-reactor

batch process vents within the affected

source, reduce organic HAP emissions

for the batch cycle by 76 weight percent

using a control device or control

technology.

(3) The owner or operator of a nonreactor batch process vent located at an

existing affected source shall:

(i) Vent all emissions of organic HAP

to a flare; or

(ii) For the collection of non-reactor

batch process vents within the affected

source, reduce organic HAP emissions

for the batch cycle by 62 weight percent

3300 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

using a control device or control

technology.

(b) Alternative standard. Comply with

either paragraph (b)(1) or (2) of this

section.

(1) Control device outlet

concentration. Vent all organic HAP

emissions from a non-reactor batch

process vent to a combustion control

device achieving an outlet organic HAP

concentration of 20 ppmv or less or to

a non-combustion control device

achieving an outlet organic HAP

concentration or 50 ppmv or less. Any

reactor batch process vents that are not

vented to a control device meeting these

conditions shall be controlled in

accordance with the provisions of

paragraph (a)(2) or (3) of this section.

(2) Mass emission limit. Include the

emissions from all non-reactor batch

process vents in the compliance

demonstration required for reactor batch

process vents complying with the mass

emission limits specified in

§ 63.1406(a)(1)(iii) and (a)(2)(iii), as

appropriate. This compliance option

may only be used when the owner or

operator has elected to comply with the

mass emission limit for reactor batch

process vents.

(c) Use of boiler or process heater. If

a boiler or process heater is used to

comply with paragraph (a)(2)(ii) or

(a)(3)(ii) of this section, the reactor batch

process vent shall be introduced into

the flame zone of such a device.

(d) Determining uncontrolled organic

HAP emissions. Owners or operators

shall determine uncontrolled organic

HAP emissions from the collection of

non-reactor batch process vents within

the affected source based on engineering

assessment as described in

§ 63.1414(d)(6).

§ 63.1408 Aggregate batch vent stream

provisions.

(a) Emission standards. Owners or

operators of aggregate batch vent

streams at a new or existing affected

source shall comply with either

paragraph (a)(1) or (2) of this section, as

appropriate. As an alternative to

complying with paragraph (a)(1) or (2)

of this section, an owner or operator

may comply with paragraph (b) of this

section.

(1) The owner or operator of an

aggregate batch vent stream located at a

new affected source shall:

(i) Vent all emissions of organic HAP

to a flare; or

(ii) Reduce organic HAP emissions by

95 weight percent or to a concentration

of 20 ppmv when using a combustion

control device or to a concentration of

50 ppmv when using a non-combustion

control device, whichever is less

stringent, on a continuous basis.

(2) The owner or operator of an

aggregate batch vent stream located at

an existing affected source shall:

(i) Vent all emissions of organic HAP

to a flare; or

(ii) Reduce organic HAP emissions by

83 weight percent or to a concentration

of 20 ppmv when using a combustion

control device or to a concentration of

50 ppmv when using a non-combustion

control device, whichever is less

stringent, on a continuous basis.

(b) Alternative standard. Comply with

either paragraph (b)(1) or (2) of this

section.

(1) Control device outlet

concentration. Vent all organic HAP

emissions from an aggregate batch vent

stream to a combustion control device

achieving an outlet organic HAP

concentration of 20 ppmv or less or to

a non-combustion control device

achieving an outlet organic HAP

concentration of 50 ppmv or less. Any

aggregate batch vent streams that are not

vented to a control device meeting these

conditions shall be controlled in

accordance with the provisions of

paragraphs (a)(1) or (a)(2) of this section.

(2) Mass emission limit. Include the

emissions from all aggregate batch vent

streams in the compliance

demonstration required for reactor batch

process vents complying with the mass

emission limits specified in

§ 63.1406(a)(1)(iii) and (a)(2)(iii), as

appropriate. This compliance option

may only be used when the owner or

operator has elected to comply with the

mass emission limit for reactor batch

process vents.

§ 63.1409 Heat exchange system

provisions.

(a) Unless one or more of the

conditions specified in paragraphs (a)(1)

through (6) of this section are met,

owners and operators of sources subject

to this subpart shall monitor each heat

exchange system used to cool process

equipment in an affected source,

according to the provisions in either

paragraph (b) or (c) of this section.

Whenever a leak is detected, the owner

or operator shall comply with the

requirements in paragraph (d) of this

section.

(1) The heat exchange system is

operated with the minimum pressure on

the cooling water side at least 35

kilopascals greater than the maximum

pressure on the process side.

(2) There is an intervening cooling

fluid, containing less than 5 percent by

weight of total HAP listed in column A

of Table 2 of this subpart, between the

process and the cooling water. This

intervening fluid serves to isolate the

cooling water from the process fluid,

and the intervening fluid is not sent

through a cooling tower or discharged.

For purposes of this section, discharge

does not include emptying for

maintenance purposes.

(3) The once-through heat exchange

system is subject to a National Pollution

Discharge Elimination System (NPDES)

permit with an allowable discharge

limit of 1 part per million or less above

influent concentration or 10 percent or

less above influent concentration,

whichever is greater.

(4) The once-through heat exchange

system is subject to an NPDES permit

that:

(i) Requires monitoring of a

parameter(s) or condition(s) to detect a

leak of process fluids into cooling water;

(ii) Specifies or includes the normal

range of the parameter or condition;

(iii) Requires monitoring for the

parameters selected as leak indicators

no less frequently than monthly for the

first 6 months and quarterly thereafter;

and

(iv) Requires the owner or operator to

report and correct leaks to the cooling

water when the parameter or condition

exceeds the normal range.

(5) The recirculating heat exchange

system is used to cool process fluids

that contain less than 5 percent by

weight of total HAP listed in column A

of Table 2 of this subpart.

(6) The once-through heat exchange

system is used to cool process fluids

that contain less than 5 percent by

weight of total HAP listed in column B

of Table 2 of this subpart.

(b) The owner or operator who elects

to comply with the requirements of

paragraph (a) of this section by

monitoring the cooling water for the

presence of one or more organic HAP or

other representative substances whose

presence in cooling water indicate a

leak shall comply with the requirements

specified in paragraphs (b)(1) through

(6) of this section. The cooling water

shall be monitored for total HAP, total

volatile organic compounds, total

organic carbon, one or more speciated

HAP compounds, or other

representative substances that would

indicate the presence of a leak in the

heat exchange system.

(1) The cooling water shall be

monitored monthly for the first 6

months and quarterly thereafter to

detect leaks.

(2)(i) For recirculating heat exchange

systems (cooling tower systems), the

monitoring of speciated HAP or total

HAP refers to the HAP listed in column

A of Table 2 of this subpart.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3301

(ii) For once-through heat exchange

systems, the monitoring of speciated

HAP or total HAP refers to the HAP

listed in column B of Table 2 of this

subpart.

(3) The concentration of the

monitored substance(s) in the cooling

water shall be determined using any

EPA-approved method listed in part 136

of this chapter, as long as the method is

sensitive to concentrations as low as 10

parts per million and the same method

is used for both entrance and exit

samples. Alternative methods may be

used upon approval by the

Administrator.

(4) The samples shall be collected

either at the entrance and exit of each

heat exchange system or at locations

where the cooling water enters and exits

each heat exchanger or any combination

of heat exchangers.

(i) For samples taken at the entrance

and exit of recirculating heat exchange

systems, the entrance is the point at

which the cooling water leaves the

cooling tower prior to being returned to

the process equipment, and the exit is

the point at which the cooling water is

introduced to the cooling tower after

being used to cool the process fluid.

(ii) For samples taken at the entrance

and exit of once-through heat exchange

systems, the entrance is the point at

which the cooling water enters, and the

exit is the point at which the cooling

water exits the plant site or chemical

manufacturing process units.

(iii) For samples taken at the entrance

and exit of each heat exchanger or any

combination of heat exchangers, the

entrance is the point at which the

cooling water enters the individual heat

exchanger or group of heat exchangers,

and the exit is the point at which the

cooling water exits the heat exchanger

or group of heat exchangers.

(5) A minimum of three sets of

samples shall be taken at each entrance

and exit as defined in paragraph (b)(4)

of this section. The average entrance

and exit concentrations shall then be

calculated. The concentration shall be

corrected for the addition of any

makeup water or for any evaporative

losses, as applicable.

(6) A leak is detected if the exit mean

concentration is found to be greater than

the entrance mean concentration using

a one-sided statistical procedure at the

0.05 level of significance, and the

amount by which it is greater is at least

1 part per million or 10 percent of the

entrance mean, whichever is greater.

(c) The owner or operator who elects

to comply with the requirement of

paragraph (a) of this section by

monitoring using a surrogate indicator

of heat exchange system leaks shall

comply with the requirements specified

in paragraphs (c)(1) through (3) of this

section. Surrogate indicators that could

be used to develop an acceptable

monitoring program are ion specific

electrode monitoring, pH, conductivity

or other representative indicators.

(1) The owner or operator shall

prepare and implement a monitoring

plan that documents the procedures that

will be used to detect leaks of process

fluids into cooling water. The plan shall

require monitoring of one or more

surrogate indicators or monitoring of

one or more process parameters or other

conditions that indicate a leak.

Monitoring that is already being

conducted for other purposes may be

used to satisfy the requirements of this

section. The plan shall include the

information specified in paragraphs

(c)(1)(i) and (ii) of this section.

(i) A description of the parameter or

condition to be monitored and an

explanation of how the selected

parameter or condition will reliably

indicate the presence of a leak.

(ii) The parameter level(s) or

conditions(s) that constitute a leak. This

shall be documented by data or

calculations showing that the selected

levels or conditions will reliably

identify leaks. The monitoring must be

sufficiently sensitive to determine the

range of parameter levels or conditions

when the system is not leaking. When

the selected parameter level or

condition is outside that range, a leak is

indicated.

(iii) The monitoring frequency which

shall be no less frequent than monthly

for the first 6 months and quarterly

thereafter to detect leaks.

(iv) The records that will be

maintained to document compliance

with the requirements of this section.

(2) If a substantial leak is identified by

methods other than those described in

the monitoring plan and the method(s)

specified in the plan could not detect

the leak, the owner or operator shall

revise the plan and document the basis

for the changes. The owner or operator

shall complete the revisions to the plan

no later than 180 days after discovery of

the leak.

(3) The owner or operator shall

maintain, at all times, the monitoring

plan that is currently in use. The current

plan shall be maintained on-site, or

shall be accessible from a central

location by computer or other means

that provides access within 2 hours after

a request. If the monitoring plan is

superseded, the owner or operator shall

retain the most recent superseded plan

at least until 5 years from the date of its

creation. The superseded plan shall be

retained on-site (or accessible from a

central location by computer or other

means that provides access within 2

hours after a request) for at least 6

months after its creation.

(d) If a leak is detected according to

the criteria of paragraph (b) or (c) of this

section, the owner or operator shall

comply with the requirements in

paragraphs (d)(1) and (2) of this section,

except as provided in paragraph (e) of

this section.

(1) The leak shall be repaired as soon

as practical but not later than 45

calendar days after the owner or

operator receives results of monitoring

tests indicating a leak. The leak shall be

repaired unless the owner or operator

demonstrates that the results are due to

a condition other than a leak.

(2) Once the leak has been repaired,

the owner or operator shall confirm that

the heat exchange system has been

repaired within 7 calendar days of the

repair or startup, whichever is later.

(e) Delay of repair of heat exchange

systems for which leaks have been

detected is allowed if the equipment is

isolated from the process. Delay of

repair is also allowed if repair is

technically infeasible without a

shutdown and any one of the conditions

in paragraph (e)(1) or (2) of this section

are met. All time periods in paragraphs

(e)(1) and (2) of this section shall be

determined from the date when the

owner or operator determines that delay

of repair is necessary.

(1) If a shutdown is expected within

the next 2 months, a special shutdown

before that planned shutdown is not

required.

(2) If a shutdown is not expected

within the next 2 months, the owner or

operator may delay repair as provided

in paragraph (e)(2)(i) or (ii) of this

section. Documentation of a decision to

delay repair shall state the reasons

repair was delayed and shall specify a

schedule for completing the repair as

soon as practical.

(i) If a shutdown for repair would

cause greater emissions than the

potential emissions from delaying

repair, the owner or operator may delay

repair until the next shutdown of the

process equipment associated with the

leaking heat exchanger. The owner or

operator shall document the basis for

the determination that a shutdown for

repair would cause greater emissions

than the emissions likely to result from

delaying repair as specified in

paragraphs (e)(2)(i)(A) and (B) of this

section.

(A) The owner or operator shall

calculate the potential emissions from

the leaking heat exchanger by

multiplying the concentration of total

HAP listed in column A of Table 2 of

3302 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

this subpart in the cooling water from

the leaking heat exchanger by the

flowrate of the cooling water from the

leaking heat exchanger by the expected

duration of the delay. The owner or

operator may calculate potential

emissions using total organic carbon

concentration instead of total HAP

listed in column A of Table 2 of this

subpart.

(B) The owner or operator shall

determine emissions from purging and

depressurizing the equipment that will

result from the unscheduled shutdown

for the repair.

(ii) If repair is delayed for reasons

other than those specified in paragraph

(e)(2)(i) of this section, the owner or

operator may delay repair up to a

maximum of 120 calendar days. The

owner shall demonstrate that the

necessary parts or personnel were not

available.

§ 63.1410 Equipment leak provisions.

The owner or operator of each

affected source shall comply with the

requirements of 40 CFR part 63, subpart

UU (national emission standards for

equipment leaks (control level 2)) for all

equipment, as defined under § 63.1402,

that contains or contacts 5 weightpercent HAP or greater and operates 300

hours per year or more. The weightpercent HAP is determined for

equipment using the organic HAP

concentration measurement methods

specified in § 63.1414(a). When

complying with the requirements of 40

CFR part 63, subpart SS, as referred to

by 40 CFR part 63, subpart UU, the

following apply for purposes of this

subpart:

(a) Design evaluations are allowed for

control devices that control emission

points with total emissions less than 10

tons of organic HAP per year before

control ( i.e., small control devices).

(b) When 40 CFR part 63, subpart SS

refers to specific test methods for the

measurement of organic HAP

concentration, the test methods

presented in § 63.1414(a) shall be used.

(c) The option to measure TOC

instead of organic HAP, as a basis for

demonstrating compliance, is not

allowed.

(d) Excused excursions are not

allowed.

(e) The provisions in § 63.1403(b),

rather than the provisions in § 63.982(f),

are to be followed for combined vent

streams.

(f) When a scrubber is used as a

control device, the owner or operator

shall follow the guidance provided in

this subpart for design evaluations or

performance tests, as appropriate, and

for monitoring, recordkeeping, and

reporting.

(g) When there are conflicts between

the due dates for reports presented in 40

CFR part 63, subpart SS and this

subpart, reports shall be submitted

according to the due dates presented in

this subpart.

(h) When there are conflicts between

the recordkeeping and reporting

requirements presented in 40 CFR part

63, subpart SS and this subpart, the

owner or operator shall either follow

both sets of requirements (i.e., follow

the requirements in 40 CFR part 63,

subpart SS for emission points covered

by 40 CFR part 63, subpart SS and

follow the requirements of this subpart

for emission points covered by this

subpart) or shall follow the set of

requirements they prefer. If an owner or

operator chooses to follow just one set

of requirements, the owner or operator

shall identify which set of requirements

are being followed and which set of

requirements are being disregarded in

the appropriate report.

§ 63.1411 [Reserved]

§ 63.1412 Continuous process vent

applicability assessment procedures and

methods.

(a) General. The provisions of this

section provide procedures and

methods for determining the

applicability of the control requirements

specified in § 63.1405 to continuous

process vents.

(b) Sampling sites. Sampling sites

shall be located as follows:

(1) Sampling site location. The

sampling site for determining

volumetric flow rate, regulated organic

HAP concentration, total organic HAP,

net heating value, and TRE index value,

shall be after the final recovery device

(if any recovery devices are present) but

prior to the inlet of any control device

that is present and prior to release to the

atmosphere.

(2) Sampling site selection method.

Method 1 or 1A of 40 CFR part 60,

appendix A, as appropriate, shall be

used for selection of the sampling site.

No traverse site selection method is

needed for process vents smaller than

0.33 foot (0.10 meter) in nominal inside

diameter.

(c) Applicability assessment

requirement. The organic HAP

concentrations, volumetric flow rates,

heating values, organic HAP emission

rates, TRE index values, and

engineering assessment control

applicability assessment requirements

are to be determined during maximum

representative operating conditions for

the process, except as provided in

paragraph (d) of this section, or unless

the Administrator specifies or approves

alternate operating conditions.

Operations during periods of startup,

shutdown, and malfunction shall not

constitute representative conditions for

the purpose of an applicability test.

(d) Exceptions. The owner or operator

is not required to conduct a test that

will cause any of the following

situations:

(1) Causing damage to equipment;

(2) Necessitating that the owner or

operator make a product that does not

meet an existing specification for sale to

a customer; or

(3) Necessitating that the owner or

operator make a product in excess of

demand.

(e) Organic HAP concentration. The

organic HAP concentrations, used for

TRE index value calculations in

paragraph (j) of this section, shall be

determined using the procedures

specified in either § 63.1414(a) or by

using the engineering assessment

procedures in paragraph (k) of this

section.

(f) Volumetric flow rate. The

volumetric flow rate shall be

determined using the procedures

specified in § 63.1414(a), or by using the

engineering assessment procedures in

paragraph (k) of this section.

(g) Heating value. The net heating

value shall be determined as specified

in paragraphs (g)(1) and (2) of this

section, or by using the engineering

assessment procedures in paragraph (k)

of this section.

(1) The net heating value of the

continuous process vent shall be

calculated using Equation 1:

H K D H Eq T jj

j

n

= 









 [ ] =

1 ∑

1

. 1

Where:

HT=Net heating value of the sample,

megaJoules per standard cubic meter,

where the net enthalpy per mole of

process vent is based on combustion at

25 °C and 760 millimeters of mercury,

but the standard temperature for

determining the volume corresponding

to 1 mole is 20 °C, as in the definition

of QS (process vent volumetric flow rate).

K1 = Constant, 1.740×10¥7 (parts per

million)¥1 (gram-mole per standard

cubic meter) (megaJoules per

kilocalorie), where standard temperature

for (gram-mole per standard cubic meter)

is 20 °C.

Dj=Organic HAP concentration on a wet basis

of compound j in parts per million, as

measured by procedures indicated in

paragraph (e) of this section. For process

vents that pass through a final stream jet

and are not condensed, the moisture is

assumed to be 2.3 percent by volume.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3303

Hj=Net heat of combustion of compound j,

kilocalorie per gram-mole, based on

combustion at 25 °C and 760 millimeters

of mercury.

(2) The molar composition of the

process vent (Dj) shall be determined

using the methods specified in

paragraphs (g)(2)(i) through (iii) of this

section:

(i) The methods specified in

§ 63.1414(a) to measure the

concentration of each organic

compound.

(ii) American Society for Testing and

Materials D1946–90 to measure the

concentration of carbon monoxide and

hydrogen.

(iii) Method 4 of 40 CFR part 60,

appendix A to measure the moisture

content of the stack gas.

(h) Organic HAP emission rate. The

emission rate of organic HAP in the

continuous process vent, as required by

the TRE index value equation specified

in paragraph (j) of this section, shall be

calculated using Equation 2:

E K C M Q Eq j j

j

n

= S











 [ ] =

2 ∑

1

. 2

Where:

E=Emission rate of organic HAP in the

sample, kilograms per hour.

K2=Constant, 2.494×10¥6 (parts per

million)¥1 (gram-mole per standard

cubic meter) (kilogram/gram) (minutes/

hour), where standard temperature for

(gram-mole per standard cubic meter) is

20 °C.

n=Number of components in the sample.

CJ=Organic HAP concentration on a dry basis

of organic compound j in parts per

million as determined by the methods

specified in paragraph (e) of this section.

Mj=Molecular weight of organic compound j,

gram/gram-mole.

QS=Continuous process vent flow rate, dry

standard cubic meter per minute, at a

temperature of 20 °C.

(i) [Reserved]

(j) TRE index value. The owner or

operator shall calculate the TRE index

value of the continuous process vent

using the equations and procedures in

this paragraph, as applicable, and shall

maintain records specified in

§ 63.1416(f).

(1) TRE index value equation. The

equation for calculating the TRE index

value is Equation 3:

TRE E A B Q C H Eq = ∗+ 1/ . 3 HAP S T [ ] ( ) + ( ) [ ]

Where:

TRE=TRE index value.

A, B, C=Coefficients presented in table 7 of

this subpart.

EHAP=Emission rate of total organic HAP,

kilograms per hour, as calculated

according to paragraph (h) or (k) of this

section.

QS=Continuous process vent volumetric flow

rate, standard cubic meters per minute,

at a standard temperature of 20 °C, as

calculated according to paragraph (f) or

(k) of this section.

HT=Continuous process vent net heating

value, megaJoules per standard cubic

meter, as calculated according to

paragraph (g) or (k) of this section.

(2) TRE index calculation. The owner

or operator of a continuous process vent

shall calculate the TRE index value by

using the equation and appropriate

coefficients in Table 6 of this subpart.

The owner or operator shall calculate

the TRE index value for each control

device scenario (i.e., flare, thermal

incinerator with 0 percent recovery,

thermal incinerator with 70 percent

recovery). The lowest TRE index value

is to be compared to the applicability

criteria specified in § 63.1405(a).

(k) Engineering assessment. For

purposes of TRE index value

determinations, engineering

assessments may be used to determine

continuous process vent flow rate, net

heating value, and total organic HAP

emission rate for the representative

operating condition expected to yield

the lowest TRE index value. Engineering

assessments shall meet the requirements

of paragraphs (k)(1) through (4) of this

section.

(1) If the TRE index value calculated

using engineering assessment is greater

than 4.0, the owner or operator is not

required to perform the measurements

specified in paragraphs (e) through (h)

of this section.

(2) If the TRE index value calculated

using engineering assessment is less

than or equal to 4.0, the owner or

operator is required either to perform

the measurements specified in

paragraphs (e) through (h) of this section

for control applicability assessment or

comply with the control requirements

specified in § 63.1405.

(3) Engineering assessment includes,

but is not limited to, the following

examples:

(i) Previous test results, provided the

tests are representative of current

operating practices.

(ii) Bench-scale or pilot-scale test data

representative of the process under

representative operating conditions.

(iii) Maximum volumetric flow rate,

organic HAP emission rate, organic HAP

concentration, or net heating value limit

specified or implied within a permit

limit applicable to the continuous

process vent.

(iv) Design analysis based on accepted

chemical engineering principles,

measurable process parameters, or

physical or chemical laws or properties.

Examples of analytical methods include,

but are not limited to, the following:

(A) Use of material balances based on

process stoichiometry to estimate

maximum organic HAP concentrations;

(B) Estimation of maximum

volumetric flow rate based on physical

equipment design such as pump or

blower capacities;

(C) Estimation of organic HAP

concentrations based on saturation

conditions; and

(D) Estimation of maximum expected

net heating value based on the stream

concentration of each organic

compound.

§ 63.1413 Compliance demonstration

procedures.

(a) General. For each emission point,

the owner or operator shall meet three

stages of compliance, with exceptions

specified in this subpart. First, the

owner or operator shall conduct a

performance test or design evaluation to

demonstrate the performance of the

control device or control technology

being used. Second, the owner or

operator shall meet the requirements for

demonstrating initial compliance (e.g., a

demonstration that the required percent

reduction is achieved). Third, the owner

or operator shall meet the requirements

for demonstrating continuous

compliance through some form of

monitoring (e.g., continuous monitoring

of operating parameters).

(1) Large control devices and small

control devices. A large control device

is a control device that controls

emission points with total emissions of

10 tons of organic HAP per year or more

before control. A small control device is

a control device that controls emission

points with total emissions less than 10

tons of organic HAP per year before

control.

(i) Large control devices. Owners or

operators are required to conduct a

performance test for a large control

device. The establishment of parameter

monitoring levels shall be based on data

obtained during the required

performance test.

(ii) Small control devices. Owners or

operators are required to conduct a

design evaluation for a small control

device. An owner or operator may

choose to conduct a performance test for

a small control device and such a

performance test shall follow the

procedures specified in this section, as

appropriate. Whenever a small control

device becomes a large control device,

the owner or operator shall conduct a

performance test following the

procedures specified in this section, as

appropriate. Notification that such a

3304 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

performance test is required, the sitespecific test plan, and the results of the

performance test shall be provided to

the Administrator as specified in

§ 63.1417. Except as provided in

§ 63.1415(a)(2), the parameter

monitoring levels for small control

devices shall be set based on the design

evaluation required by paragraph (a)(3)

of this section. Further, when setting the

parameter monitoring level(s) based on

the design evaluation, the owner or

operator shall submit the information

specified in § 63.1417(d)(7) for review

and approval as part of the

Precompliance Report.

(2) Performance tests. Performance

testing shall be conducted in accordance

with the General Provisions at

§ 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2),

(e)(4), (g), and (h), with the exceptions

specified in paragraph (a)(1) of this

section. Data shall be reduced in

accordance with the EPA approved

methods specified in this subpart or, if

other test methods are used, the data

and methods shall be validated

according to the protocol in Method 301

of appendix A of this part.

(i) Additional control devices not

requiring performance tests. An owner

or operator is not required to conduct a

performance test when using one of the

following control devices:

(A) A boiler or process heater with a

design heat input capacity of 44

megawatts or greater.

(B) A boiler or process heater into

which the vent stream is introduced

with the primary fuel or is used as the

primary fuel.

(C) A boiler or process heater burning

hazardous waste for which the owner or

operator:

(1) Has been issued a final permit

under 40 CFR part 270 and complies

with the requirements of 40 CFR part

266, subpart H; or

(2) Has certified compliance with the

interim status requirements of 40 CFR

part 266, subpart H.

(D) A hazardous waste incinerator for

which the owner or operator has been

issued a final permit under 40 CFR part

270 and complies with the requirements

of 40 CFR part 264, subpart O, or has

certified compliance with the interim

status requirements of 40 CFR part 265,

subpart O.

(E) A control device for which a

performance test was already conducted

for determining compliance with

another regulation promulgated by the

EPA, provided the test was conducted

using the same Methods specified in

this section, and either no deliberate

process changes have been made since

the test, or the owner or operator can

demonstrate that the results of the

performance test, with or without

adjustments, reliably demonstrate

compliance despite process changes.

Parameter monitoring levels established

based on such a performance test may

be used for purposes of demonstrating

continuous compliance with this

subpart.

(ii) Exceptions to performance test

requirements in the General Provisions.

(A) Performance tests shall be

conducted at maximum representative

operating conditions achievable during

either the 6-month period ending 2

months before the Notification of

Compliance Status required by

§ 63.1417(e) is due, or during the 6-

month period surrounding the date of

the performance test (i.e., the period

beginning 3 months prior to the

performance test and ending 3 months

after the performance test). In achieving

maximum representative operating

conditions, an owner or operator is not

required to cause damage to equipment,

make a product that does not meet an

existing specification for sale to a

customer, or make a product in excess

of demand.

(B) When § 63.7(g) references the

Notification of Compliance Status

requirements in § 63.9(h), the

requirements in § 63.1417(e) shall apply

for purposes of this subpart.

(C) Performance tests shall be

performed no later than 150 days after

the compliance dates specified in this

subpart (i.e., in time for the results to be

included in the Notification of

Compliance Status), rather than

according to the time periods in

§ 63.7(a)(2).

(3) Design evaluations. To

demonstrate the organic HAP removal

efficiency for a control device or control

technology, a design evaluation shall

address the composition and organic

HAP concentration of the vent stream(s)

entering the control device or control

technology, the operating parameters of

the control device or control technology,

and other conditions or parameters that

reflect the performance of the control

device or control technology. A design

evaluation also shall address other vent

stream characteristics and control

device operating parameters as specified

in any one of paragraphs (a)(3)(i)

through (vi) of this section, depending

on the type of control device that is

used. If the vent stream(s) is not the

only inlet to the control device, the

efficiency demonstration also shall

consider all other vapors, gases, and

liquids, other than fuels, received by the

control device.

(i) For a scrubber, the design

evaluation shall consider the vent

stream composition, constituent

concentrations, liquid-to-vapor ratio,

scrubbing liquid flow rate and

concentration, temperature, and the

reaction kinetics of the constituents

with the scrubbing liquid. The design

evaluation shall establish the design

exhaust vent stream organic compound

concentration level and include the

additional information in paragraphs

(a)(3)(i)(A) and (B) of this section for

trays and a packed column scrubber:

(A) Type and total number of

theoretical and actual trays; and

(B) Type and total surface area of

packing for entire column, and for

individual packed sections if column

contains more than one packed section.

(ii) For a condenser, the design

evaluation shall consider the vent

stream flow rate, relative humidity, and

temperature and shall establish the

design outlet organic HAP compound

concentration level, design average

temperature of the condenser exhaust

vent stream, and the design average

temperatures of the coolant fluid at the

condenser inlet and outlet. The

temperature of the gas stream exiting the

condenser shall be measured and used

to establish the outlet organic HAP

concentration.

(iii) For a carbon adsorption system

that regenerates the carbon bed directly

onsite in the control device, such as a

fixed-bed adsorber, the design

evaluation shall consider the vent

stream flow rate, relative humidity, and

temperature and shall establish the

design exhaust vent stream organic

compound concentration level,

adsorption cycle time, number and

capacity of carbon beds, type and

working capacity of activated carbon

used for carbon beds, design total

regeneration stream mass or volumetric

flow over the period of each complete

carbon bed regeneration cycle, design

carbon bed temperature after

regeneration, design carbon bed

regeneration time, and design service

life of carbon. For vacuum desorption,

the pressure drop shall be included.

(iv) For a carbon adsorption system

that does not regenerate the carbon bed

directly onsite in the control device,

such as a carbon canister, the design

evaluation shall consider the vent

stream mass or volumetric flow rate,

relative humidity, and temperature and

shall establish the design exhaust vent

stream organic compound concentration

level, capacity of carbon bed, type and

working capacity of activated carbon

used for carbon bed, and design carbon

replacement interval based on the total

carbon working capacity of the control

device and source operating schedule.

(v) For an enclosed combustion

device with a minimum residence time

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3305

of 0.5 seconds and a minimum

temperature of 760 C, the design

evaluation shall document that these

conditions exist.

(vi) For a combustion control device

that does not satisfy the criteria in

paragraph (a)(3)(v) of this section, the

design evaluation shall address the

following characteristics, depending on

the type of control device:

(A) For a thermal vapor incinerator,

the design evaluation shall consider the

autoignition temperature of the organic

HAP, shall consider the vent stream

flow rate, and shall establish the design

minimum and average temperature in

the combustion zone and the

combustion zone residence time.

(B) For a catalytic vapor incinerator,

the design evaluation shall consider the

vent stream flow rate and shall establish

the design minimum and average

temperatures across the catalyst bed

inlet and outlet.

(C) For a boiler or process heater, the

design evaluation shall consider the

vent stream flow rate, shall establish the

design minimum and average flame

zone temperatures and combustion zone

residence time, and shall describe the

method and location where the vent

stream is introduced into the flame

zone.

(4) Establishment of parameter

monitoring levels. The owner or

operator of a control device that has one

or more parameter monitoring level

requirements specified under this

subpart, or specified under subparts

referenced by this subpart, shall

establish a maximum or minimum level,

as denoted on Table 4 of this subpart,

for each measured parameter using the

procedures specified in paragraph

(a)(4)(i) or (ii) of this section. Except as

otherwise provided in this subpart, the

owner or operator shall operate control

devices such that the daily average,

batch cycle daily average, or block

average of monitored parameters,

established as specified in this

paragraph, remains above the minimum

level or below the maximum level, as

appropriate.

(i) Establishment of parameter

monitoring levels based on performance

tests. (A) Emission points other than

batch process vents. During initial

compliance testing, the appropriate

parameter shall be continuously

monitored during the required 1-hour

test runs. The monitoring level(s) shall

then be established as the average of the

maximum (or minimum) point values

from the three test runs. The average of

the maximum values shall be used

when establishing a maximum level,

and the average of the minimum values

shall be used when establishing a

minimum level.

(B) Aggregate batch vent streams. For

aggregate batch vent streams the

monitoring level shall be established in

accordance with paragraph (a)(4)(i)(A)

of this section.

(C) Batch process vents. The

monitoring level(s) shall be established

using the procedures specified in

paragraphs (a)(4)(i)(C)(1) or (2) of this

section. For batch process vents

complying with the percent reduction

standards specified in § 63.1406 or

§ 63.1407, parameter monitoring levels

shall be established by the design

evaluation, or during the performance

test so that the specified percent

reduction from § 63.1406 or § 63.1407,

as appropriate, is met.

(1) If more than one batch emission

episode or more than one portion of a

batch emission episode has been

selected to be controlled, a single level

for the batch cycle shall be calculated as

follows:

(i) During initial compliance testing,

the appropriate parameter shall be

monitored continuously and recorded

once every 15 minutes at all times when

batch emission episodes, or portions

thereof, selected to be controlled are

vented to the control device. A

minimum of three recorded values shall

be obtained for each batch emission

episode, or portion thereof, regardless of

the length of time emissions are

occurring.

(ii) The average monitored parameter

value shall be calculated for each batch

emission episode, or portion thereof, in

the batch cycle selected to be controlled.

The average shall be based on all values

measured during the required

performance test.

(iii) If the level to be established is a

maximum operating parameter, the level

shall be defined as the minimum of the

average parameter values from each

batch emission episode, or portion

thereof, in the batch cycle selected to be

controlled (i.e., identify the batch

emission episode, or portion thereof,

which requires the lowest parameter

value in order to assure compliance; the

average parameter value that is

necessary to assure compliance for that

batch emission episode, or portion

thereof, shall be the level for all batch

emission episodes, or portions thereof,

in the batch cycle that are selected to be

controlled).

(iv) If the level to be established is a

minimum operating parameter, the level

shall be defined as the maximum of the

average parameter values from each

batch emission episode, or portion

thereof, in the batch cycle selected to be

controlled (i.e., identify the batch

emission episode, or portion thereof,

which requires the highest parameter

value in order to assure compliance; the

average parameter value that is

necessary to assure compliance for that

batch emission episode, or portion

thereof, shall be the level for all batch

emission episodes, or portions thereof,

in the batch cycle that are selected to be

controlled).

(v) Alternatively, an average

monitored parameter value shall be

calculated for the entire batch cycle

based on all values recorded during

each batch emission episode, or portion

thereof, selected to be controlled.

(2) Instead of establishing a single

level for the batch cycle, as described in

paragraph (a)(4)(i)(C)(1) of this section,

an owner or operator may establish

separate levels for each batch emission

episode, or portion thereof, selected to

be controlled. Each level shall be

determined as specified in paragraphs

(a)(4)(i)(C)(1)(i) through (v) of this

section.

(3) The batch cycle shall be defined in

the Notification of Compliance Status,

as specified in § 63.1417(e)(2). Said

definition shall include an

identification of each batch emission

episode. The definition of batch cycle

shall also include the information

required to determine parameter

monitoring compliance for partial batch

cycles (i.e., when part of a batch cycle

is accomplished during 2 different

operating days) for those parameters

averaged on a batch cycle daily average

basis.

(ii) Establishment of parameter

monitoring levels based on performance

tests, engineering assessments, and/or

manufacturer’s recommendations.

Parameter monitoring levels may be

established based on the parameter

values measured during the

performance test supplemented by

engineering assessments and/or

manufacturer’s recommendations.

Performance testing is not required to be

conducted over the entire range of

expected parameter values. When

setting the parameter monitoring level(s)

using the procedures specified in this

paragraph, the owner or operator shall

submit the information specified in

§ 63.1417(d)(7) for review and approval

as part of the Precompliance Report.

(b) Initial and continuous compliance

for storage vessels. (1) Initial

compliance with the percent reduction

standard specified in § 63.1404(a)(1)

shall be demonstrated following the

procedures in 40 CFR part 63, subpart

SS.

(2) Initial compliance with the work

practice standard specified in

§ 63.1404(a)(2) shall be demonstrated

3306 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

following the procedures in 40 CFR part

63, subpart WW.

(3) Continuous compliance with the

percent reduction standard specified in

§ 63.1404(a)(1) shall be demonstrated

following the procedures in 40 CFR part

63, subpart SS.

(4) Continuous compliance with the

work practice standard specified in

§ 63.1404(a)(2) shall be demonstrated

following the procedures in 40 CFR part

63, subpart WW.

(5) Initial and continuous compliance

with the alternative standard specified

in § 63.1404(b) shall be demonstrated

following the procedures in paragraph

(f) of this section.

(c) Initial and continuous compliance

for continuous process vents. (1) Initial

compliance with the percent reduction

standard specified in § 63.1405(a)(2)

shall be demonstrated following the

procedures in 40 CFR part 63, subpart

SS.

(2) Initial compliance with

§ 63.1405(a)(1) (venting of emissions to

a flare) shall be demonstrated following

the procedures specified in paragraph

(g) of this section.

(3) Continuous compliance with the

percent reduction standard specified in

§ 63.1405(a)(2) shall be demonstrated

following the procedures in 40 CFR part

63, subpart SS.

(4) Continuous compliance with

§ 63.1405(a)(1) (venting of emissions to

a flare) shall be demonstrated following

the continuous monitoring procedures

specified in § 63.1415.

(5) Initial and continuous compliance

with the alternative standard specified

in § 63.1405(b) shall be demonstrated

following the procedures in paragraph

(f) of this section.

(d) Initial and continuous compliance

for aggregate batch vent streams. (1)

Initial compliance with the percent

reduction standard specified in

§ 63.1408(a)(1)(ii) and (2)(ii) shall be

demonstrated following the procedures

for continuous process vents specified

in paragraph (c)(1) of this section.

(2) Initial compliance with

§ 63.1408(a)(1)(i) and (2)(i) (venting of

emissions to a flare) shall be

demonstrated following the procedures

specified in paragraph (g) of this

section.

(3) Continuous compliance with the

percent reduction standard specified in

§ 63.1408(a)(1)(ii) and (2)(ii) shall be

demonstrated following the procedures

for continuous process vents specified

in paragraph (c)(3) of this section.

(4) Continuous compliance with

§ 63.1408(a)(1)(i) and (a)(2)(i) (venting of

emissions to a flare) shall be

demonstrated following the continuous

monitoring procedures specified in

§ 63.1415.

(5) Initial and continuous compliance

with the alternative standard specified

in § 63.1408(b)(1) shall be demonstrated

following the procedures in paragraph

(f) of this section.

(6) Initial and continuous compliance

with the mass emission limit specified

in § 63.1408(b)(2) shall be demonstrated

following the procedures in paragraph

(e)(2) of this section.

(e) Initial and continuous compliance

for batch process vents. (1) Compliance

with percent reduction standards.

Owners or operators opting to comply

with the percent reduction standards

specified in § 63.1406(a)(1)(ii) and

(a)(2)(ii) or § 63.1407(a)(2)(ii) and

(a)(3)(ii) shall select portions of the

batch process vent emissions (i.e., select

batch emission episodes or portions of

batch emission episodes) to be

controlled such that the specified

percent reduction is achieved for the

batch cycle. Paragraphs (e)(1)(i) and (ii)

of this section specify how the

performance of a control device or

control technology is to be determined.

Paragraph (e)(1)(iii) of this section

specifies how to demonstrate that the

required percent emission reduction is

achieved for the batch cycle.

(i) Design evaluation. The design

evaluation shall comply with the

provisions in paragraph (a)(3) of this

section. The design evaluation shall

include the value(s) and basis for the

parameter monitoring level(s) required

by § 63.1415. The design evaluation

shall determine either of the following:

(A) Each batch emission episode. The

control device efficiency for each batch

emission episode that the owner or

operator selects to control.

(B) One or more representative batch

emission episodes. The control device

efficiency for one or more batch

emission episodes provided that the

owner or operator demonstrates that the

control device achieves the same or

higher efficiency for all other batch

emission episodes that the owner or

operator selects to control.

(ii) Performance test. An owner or

operator shall conduct performance

tests following the procedures in

paragraph (e)(1)(ii)(A) of this section,

the procedures in paragraph (e)(1)(ii)(B)

of this section, or a combination of the

two procedures. Under paragraph

(e)(1)(ii)(A) of this section, a

performance test is conducted for each

batch emission episode selected for

control. Under paragraph (e)(1)(ii)(B) of

this section, an owner or operator

groups together several batch emission

episodes and conducts a single

performance test for the batch emission

episode that is the most challenging, in

terms of achieving emission reductions,

for the control device or control

technology; thereby demonstrating that

the achieved emission reduction for the

tested batch emission episode is the

minimum control device or control

technology performance expected for

each batch emission episode in the

group. An owner or operator may use

the concept provided by paragraph

(e)(1)(ii)(B) of this section for several

different groups of batch emission

episodes.

(A) Testing each batch emission

episode. A performance test shall be

performed for each batch emission

episode, or portion thereof, that the

owner or operator selects to control.

Performance tests shall be conducted

using the testing procedures specified in

§ 63.1414(a) and (b) and the following

procedures:

(1) Only one test (i.e., only one run)

is required for each batch emission

episode selected by the owner or

operator for control.

( 2) Except as specified in paragraph

(e)(1)(ii)(A)(3) of this section, the

performance test shall be conducted

over the entire period of emissions

selected by the owner or operator for

control.

(3) An owner or operator may choose

to test only those periods of the batch

emission episode during which the

emission rate for the entire batch

emission episode can be determined or

during which the organic HAP

emissions are greater than the average

emission rate of the batch emission

episode. The owner or operator

choosing either of these options shall

develop an emission profile illustrating

the emission rate (kilogram per unit

time) over the entire batch emission

episode, based on either process

knowledge or test data, to demonstrate

that test periods are representative.

Examples of information that could

constitute process knowledge include

calculations based on material balances

and process stoichiometry. Previous test

results may be used to develop the

emission profile provided the results are

still relevant to the current batch

process vent conditions. The emission

profile shall be included in the sitespecific test plan required by

§ 63.1417(h)(2).

(4) When choosing sampling sites

using the methods specified in

§ 63.1414(a)(1), inlet sampling sites

shall be located as specified in

paragraphs (e)(1)(ii)(A)(4)(i) and (ii) of

this section. Outlet sampling sites shall

be located at the outlet of the control

device prior to release to the

atmosphere.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3307

(i) The control device inlet sampling

site shall be located at the exit from the

batch unit operation after any

condensers operating as process

condensers and before any control

device.

(ii) If a batch process vent is

introduced with the combustion air or

as a secondary fuel into a boiler or

process heater with a design capacity

less than 44 megawatts, selection of the

location of the inlet sampling sites shall

ensure the measurement of total organic

HAP concentrations in all batch process

vents and primary and secondary fuels

introduced into the boiler or process

heater.

(B) Testing only the most challenging

batch emission episode. Under this

paragraph, an owner or operator groups

together several batch emission episodes

and conducts a single performance test

for the batch emission episode that is

the most challenging, in terms of

achieving emission reductions, for the

control device or control technology;

thereby demonstrating that the achieved

emission reduction for the tested batch

emission episode is the minimum

control device or control technology

performance expected for each batch

emission episode in the group. The

owner or operator shall use the control

device efficiency determined from the

performance test for all the other batch

emission episodes in that group for

purposes of paragraph (e)(2)(iii) of this

section. Performance tests shall be

conducted using the testing procedures

specified in § 63.1414(a) and (b) and the

following procedures:

(1) The procedures specified in

paragraphs (e)(2)(ii)(A)(2) through (4) of

this section.

(2) Develop an emission profile

illustrating the emission rate (kilogram/

unit time) for each period of emissions

to be addressed by the performance test.

The emission profile shall be based on

either process knowledge or test data.

Examples of information that could

constitute process knowledge include

calculations based on material balances

and process stoichiometry. Previous test

results may be used to develop the

emission profile provided the results are

still relevant to the current batch

process vent conditions. The emission

profile shall be included in the sitespecific test plan required by

§ 63.1417(h)(2).

(3) Provide rationale for why the

control device efficiency for all the

other batch emission episodes in the

group will be greater than or equal to

the control device efficiency achieved

during the tested period of the most

challenging batch emission episode in

the group, as specified in the

Notification of Compliance Status

Report required by § 63.1417(e).

(iii) Batch cycle percent reduction.

The percent reduction for the batch

cycle for an individual reactor batch

process vent and the overall percent

reduction for the collection of nonreactor batch process vents within the

affected source shall be determined

using Equation 1 of this section and the

control device efficiencies specified in

paragraphs (e)(1)(iii)(A) through (C) of

this section. All information used to

calculate the batch cycle percent

reduction for an individual reactor

batch process vent, including a

definition of the batch cycle identifying

all batch emission episodes, shall be

recorded as specified in § 63.1416

(d)(1)(ii). All information used to

calculate the overall percent reduction

for the collection of non-reactor batch

process vents within the affected source,

including a list of all batch emission

episodes from the collection of nonreactor batch process vents within the

affected source, shall be recorded as

specified in § 63.1416 (d)(1)(ii). This

information shall include identification

of those batch emission episodes, or

portions thereof, selected for control.

This information shall include estimates

of uncontrolled organic HAP emissions

for those batch emission episodes, or

portions thereof, that are not selected for

control, determined as specified in

paragraph (e)(2)(iii)(D) or (E) of this

section.

PR

E E RE

E E

Eq

unc inlet con inlet con

i

n

i

n

i

n

unc inlet con

i

n

i

n =

+ −− ( )

+

( ) [ ] = = =

= =

∑ ∑ ∑

∑ ∑

, ,

,

.

1

100 1 1 1

1 1

 1

Where:

PR = Percent reduction.

Eunc = Mass rate of total organic HAP for

uncontrolled batch emission episode i,

kg/hr.

Einlet,con = Mass rate of total organic HAP for

controlled batch emission episode i at

the inlet to the control device, kg/hr.

R = Control efficiency of control device as

specified in paragraphs (e)(1)(iii)(A)

through (e)(1)(iii)(C) of this section. The

value of R may vary between batch

emission episodes.

n=Number of uncontrolled batch emission

episodes, controlled batch emission

episodes, and control devices. The value

of n is not necessarily the same for these

three items.

(A) When conducting a performance

test, the control efficiency of the control

device shall be determined following

the procedures in § 63.1414(b)(4).

(B) For combustion control devices

listed in paragraphs (a)(2)(i)(A) and (B)

of this section and for flares, the control

efficiency in Equation 1 of this section

shall be 98 percent.

(C) If a performance test is not

required, the control efficiency shall be

based on the design evaluation specified

in paragraph (e)(1)(i) of this section.

(D) For batch process vents estimated

through engineering assessment, as

described in § 63.1414(f)(6), to emit less

than 10 tons per year of uncontrolled

organic HAP emissions, the owner or

operator may use in Equation 1 of this

section the emissions determined using

engineering assessment or may

determine organic HAP emissions using

any of the procedures specified in

§ 63.1414(d).

(E) For batch process vents estimated

through engineering assessment, as

described in § 63.1414(d)(6), to emit 10

tons per year or greater of uncontrolled

organic HAP emissions, organic HAP

emissions shall be estimated following

the procedures specified in § 63.1414(d).

(F) Owners or operators designating a

condenser, sometimes operated as a

process condenser, as a control device

shall conduct inprocess recycling and

follow the recordkeeping requirements

specified in § 63.1416(d)(1)(vi).

(iv) Initial compliance with percent

reduction standards. Initial compliance

with the percent reduction standards

specified in § 63.1406(a)(1)(ii) and (2)(ii)

and § 63.1407(a)(2)(ii) and (3)(ii) is

achieved when the owner or operator

demonstrates, following the procedures

in paragraphs (e)(1)(i) through (iii) of

this section, that the required percent

reduction is achieved.

(v) Continuous compliance with

percent reduction standards.

Continuous compliance with the

percent reduction standards specified in

§ 63.1406(a)(1)(ii) and (2)(ii) and

3308 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

§ 63.1407(a)(2)(ii) and (3)(ii) shall be

demonstrated following the continuous

monitoring procedures specified in

§ 63.1415.

(2) Compliance with mass emission

limit standards. Each owner or operator

shall determine initial and continuous

compliance with the mass emission

limits specified in § 63.1406 (a)(1)(iii)

and (a)(2)(iii), according to the following

procedures, as appropriate:

(i) If production at an affected source

is exclusively non-solvent-based amino/

phenolic resin or is exclusively solventbased amino/phenolic resin, or an

owner or operator chooses to meet the

non-solvent-based emission limit, the

owner or operator shall demonstrate

initial and continuous compliance as

follows:

(A) Initial compliance. Initial

compliance shall be based on the

average of the first 6 monthly average

emission rate data points. The 6-month

average shall be compared to the mass

emission limit specified in § 63.1406

(a)(1)(iii) and (a)(2)(iii), as appropriate.

(B) Continuous compliance. For the

first year of compliance, continuous

compliance shall be based on a

cumulative average monthly emission

rate calculated each month based on the

available monthly emission rate data

points (e.g., 7 data points after 7 months

of operation, 8 data points after 8

months of operation) beginning the first

month after initial compliance is

demonstrated. The first continuous

compliance cumulative average monthly

emission rate shall be calculated using

the first 7 monthly average emission rate

data points. After the first year of

compliance, a 12-month rolling average

monthly emission rate shall be

calculated each month based on the

previous 12 monthly emission rate data

points. Continuous compliance shall be

determined by comparing the

cumulative average monthly emission

rate or the 12-month rolling average

monthly emission rate to the mass

emission limit specified in § 63.1406

(a)(1)(iii) and (a)(2)(iii), as appropriate.

(C) Procedures to determine the

monthly emission rate. The monthly

emission rate, kilograms of organic HAP

per megagram of product, shall be

determined at the end of each month

using Equation 2 of this section:

Where:

ER=Emission rate of organic HAP from

reactor batch process vents, kg of HAP/

Mg product.

Ei=Emission rate of organic HAP from reactor

batch process vent i as determined using

the procedures specified in paragraph

(e)(2)(i)(C)(1) of this section, kg/month.

RPm=Amount of resin produced in one

month as determined using the

procedures specified in paragraph

(e)(2)(i)(C)(4) of this section, Mg/month.

n=Number of batch process vents.

(1) The monthly emission rate of

organic HAP, in kilograms per month,

from an individual batch process vent

(Ei) shall be determined using Equation

3 of this section. Once organic HAP

emissions for a batch cycle (Ecyclei) have

been estimated, as specified in either

paragraph (e)(2)(i)(C)(2) or (3) of this

section, the owner or operator may use

the estimated organic HAP emissions

(Ecyclei) to determine Ei using Equation 3

of this section until the estimated

organic HAP emissions (Ecyclei) are no

longer representative due to a process

change or other reasons known to the

owner or operator. If organic HAP

emissions for a batch cycle (Ecyclei) are

determined to no longer be

representative, the owner or operator

shall redetermine organic HAP

emissions for the batch cycle (Ecyclei)

following the procedures in paragraph

(e)(2)(i)(C)(2) or (3) of this section, as

appropriate.

Ei N E Eq i

i

n

cyclei = ( )( ) [ ] =

∑

1

. 3

Where:

Ei=Monthly emissions from a batch process

vent, kg/month.

Ni=Number of type i batch cycles performed

monthly, cycles/month.

Ecyclei=Emissions from the batch process vent

associated with a single type i batch

cycle, as determined using the

procedures specified in either paragraph

(e)(2)(i)(C)(2) or (3) of this section, kg/

batch cycle.

n=Number of different types of batch cycles

that cause the emission of organic HAP

from the batch process vent.

(2) For reactor batch process vents

estimated through engineering

assessment, as described in

§ 63.1414(d)(6), to emit less than 10 tons

per year of uncontrolled organic HAP

emissions, the owner or operator may

use the emissions determined using

engineering assessment in Equation 3 of

this section or may determine organic

HAP emissions using any of the

procedures specified in § 63.1414(d).

For reactor batch process vents

estimated through engineering

assessment, as described in

§ 63.1414(d)(6), to emit 10 tons per year

or greater of uncontrolled organic HAP

emissions, uncontrolled organic HAP

emissions from the batch emission

episodes making up the batch cycle

shall be estimated following the

procedures specified in § 63.1414(d).

(3) For reactor batch process vents

vented to a control device or control

technology, controlled organic HAP

emissions shall be determined as

follows:

(i) Uncontrolled organic HAP

emissions shall be determined following

the procedures in paragraph

(e)(2)(i)(C)(2) of this section.

(ii) Control device or control

technology efficiency shall be

determined using the procedures in

paragraph (e)(1)(i) of this section for

small control devices or the procedures

in paragraph (e)(1)(ii) of this section for

large control devices.

(iii) Controlled organic HAP

emissions shall be determined by

applying the control device or control

technology efficiency, determined in

paragraph (e)(2)(i)(C)(3)(ii) of this

section, to the uncontrolled organic

HAP emissions, determined in

paragraph (e)(2)(i)(C)(3)(i) of this

section.

(4) The rate of resin produced, RPM

(Mg/month), shall be determined based

on production records certified by the

owner or operator to represent actual

production for the month. A sample of

the records selected by the owner or

operator for this purpose shall be

provided to the Administrator in the

Precompliance Report as required by

§ 63.1417(d).

(ii) If production at an affected source

reflects a mix of solvent-based and nonsolvent-based resin and the owner or

operator does not choose to meet the

non-solvent-based emission limit

specified in § 63.1406 (a)(1)(iii) or

(a)(2)(iii), as applicable, the owner or

operator shall demonstrate initial and

continuous compliance as follows:

(A) Procedures for determining a sitespecific emission limit. A site-specific

emission limit shall be determined

using Equation 4 of this section.

SSEL

MGs ELs MGns ELns

MGs MGns = Eq ( ) ∗ + ∗ ( )

+ [ ] . 4

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3309

Where:

SSEL=Site specific emission limit, kg of

organic HAP/Mg of product.

MGs=Megagrams of solvent-based resin

product produced, megagrams.

MGns=Megagrams of non-solvent-based resin

product produced, megagrams.

ELs=Emission limit for solvent-based resin

product, kg organic HAP/Mg solventbased resin product.

ELns=Emission limit for non-solvent-based

resin product, kg organic HAP/Mg nonsolvent-based resin product.

(B) Initial compliance. For purposes

of determining initial compliance, the

site-specific emission limit shall be

based on production for the first 6

months beginning January 20, 2000 or

the first 6 months after initial start-up,

whichever is later. Using the sitespecific emission limit, initial

compliance shall be demonstrated using

the procedures in paragraph (e)(2)(i)(A)

of this section, as appropriate.

(C) Continuous compliance. For

purposes of determining continuous

compliance for the period of operation

starting at the beginning of the 7th

month and ending after the 12th month,

the site-specific emission limit shall be

determined each month based on

production for the cumulative period.

For purposes of determining continuous

compliance after the first year of

production, the site-specific emission

limit shall be determined each month

based on production for a 12-month

rolling period. Using the site-specific

emission limit, continuous compliance

shall be demonstrated using the

procedures in paragraph (e)(2)(i)(B) of

this section, as appropriate.

(3) Compliance by venting to a flare.

Initial compliance with the standards

specified in § 63.1406(a)(1)(i) and

(a)(2)(i) and § 63.1407(a)(2)(i) and

(a)(3)(i) shall be demonstrated following

the procedures specified in paragraph

(g) of this section. Continuous

compliance with these standards shall

be demonstrated following the

continuous monitoring procedures

specified in § 63.1415.

(4) Compliance with alternative

standard. Initial and continuous

compliance with the alternative

standard specified in §§ 63.1406(b) and

63.1407(b)(1) shall be demonstrated

following the procedures in paragraph

(f) of this section.

(f) Compliance with alternative

standard. Initial and continuous

compliance with the alternative

standards in §§ 63.1404(b), 63.1405(b),

63.1406(b), 63.1407(b)(1), and

63.1408(b)(1) are demonstrated when

the daily average outlet organic HAP

concentration is 20 ppmv or less when

using a combustion control device or 50

ppmv or less when using a noncombustion control device. To

demonstrate initial and continuous

compliance, the owner or operator shall

follow the test method specified in

§ 63.1414(a)(6) and shall be in

compliance with the monitoring

provisions in § 63.1415(e) no later than

the initial compliance date and on each

day thereafter.

(g) Flare compliance demonstrations.

Notwithstanding any other provision of

this subpart, if an owner or operator of

an affected source uses a flare to comply

with any of the requirements of this

subpart, the owner or operator shall

comply with paragraphs (g)(1) through

(3) of this section. When using a flare to

comply, the owner or operator is not

required to conduct a performance test

to determine percent emission reduction

or outlet organic HAP concentration. If

a compliance demonstration has been

conducted previously for a flare, using

the techniques specified in paragraphs

(g)(1) through (3) of this section, that

compliance demonstration may be used

to satisfy the requirements of this

paragraph if either no deliberate process

changes have been made since the

compliance demonstration, or the

results of the compliance demonstration

reliably demonstrate compliance despite

process changes.

(1) Conduct a visible emission test

using the techniques specified in

§ 63.11(b)(4).

(2) Determine the net heating value of

the gas being combusted using the

techniques specified in § 63.11(b)(6).

(3) Determine the exit velocity using

the techniques specified in either

§ 63.11(b)(7)(i) (and § 63.11(b)(7)(iii),

where applicable) or § 63.11(b)(8), as

appropriate.

(h) Deviations. Paragraphs (h)(1)

through (4) of this section describe

deviations from the emission limits, the

operating limits, the work practice

standards, and the emission standard,

respectively. Paragraph (h)(5) of this

section describes situations that are not

deviations. Paragraph (h)(6) of this

section describes periods that are

excluded from compliance

determinations.

(1) Deviations from the emission limit.

The following are deviations from the

emission limit:

(i) Exceedance of the condenser outlet

gas temperature limit (i.e., having an

average value higher than the

established maximum level) monitored

according to the provisions of

§ 63.1415(b)(3);

(ii) Exceedance of the outlet

concentration (i.e., having an average

value higher than the established

maximum level) monitored according to

the provisions of § 63.1415(b)(8);

(iii) Exceedance of the mass emission

limit (i.e., having an average value

higher than the specified limit)

monitored according to the provisions

of paragraph (e)(2) of this section; and

(iv) Exceedance of the organic HAP

outlet concentration limit (i.e., having

an average value higher than the

specified limit) monitored according to

the provisions of § 63.1415(e).

(2) Deviations from the operating

limit. Exceedance of the parameters

monitored according to § 63.1415(b)(1),

(b)(2), and (b)(4) through (7) are

considered deviations from the

operating limit. An exceedance of the

monitored parameter has occurred if:

(i) The parameter, averaged over the

operating day or block, is below a

minimum value established during the

initial compliance demonstration; or (ii)

The parameter, averaged over the

operating day or block, is above the

maximum value established during the

initial compliance demonstration.

(3) Deviations from the work practice

standard. If all flames at the pilot light

of a flare are absent, there has been a

deviation from the work practice

standard.

(4) Deviation from the emission

standard. If an affected source is not

operated during periods of start-up,

shutdown, or malfunction in accordance

with the affected source’s Start-up,

Shutdown, and Malfunction Plan, there

has been a deviation from the emission

standard. If monitoring data are

insufficient, as described in paragraphs

(h)(4)(i) through (iii) of this section,

there has been a deviation from the

emission standard.

(i) The period of control device or

control technology operation is 4 hours

or greater in an operating day, and

monitoring data are insufficient to

constitute a valid hour of data, as

defined in paragraph (h)(4)(iii) of this

section, for at least 75 percent of the

operating hours;

(ii) The period of control device or

control technology operation is less than

4 hours in an operating day, and more

than one of the hours during the period

of operation does not constitute a valid

hour of data due to insufficient

monitoring data; and

(iii) Monitoring data are insufficient

to constitute a valid hour of data, as

used in paragraphs (h)(4)(i) and (ii) of

this section, if measured values are

unavailable for any of the 15-minute

periods within the hour. For data

compression systems approved under

§ 63.1417(k)(3), monitoring data are

insufficient to calculate a valid hour of

3310 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

data if there are less than four data

measurements made during the hour.

(5) Situations that are not deviations.

If an affected source is operated during

periods of start-up, shutdown, or

malfunction in accordance with the

affected source’s Start-up, Shutdown,

and Malfunction Plan, and any of the

situations listed in paragraphs (h)(5)(i)

through (iv) of this section occur, such

situations shall not be considered to be

deviations.

(i) The daily average value of a

monitored parameter is above the

maximum level or below the minimum

level established;

(ii) Monitoring data cannot be

collected during monitoring device

calibration check or monitoring device

malfunction;

(iii) Monitoring data are not collected

during periods of start-up, shutdown, or

malfunction; and

(iv) Monitoring data are not collected

during periods of nonoperation of the

affected source or portion thereof

(resulting in cessation of the emissions

to which the monitoring applies).

(6) Periods not considered to be part

of the period of control or recovery

device operation. The periods listed in

paragraphs (h)(6)(i) through (v) of this

section are not considered to be part of

the period of control or recovery device

operation for purposes of determining

averages or periods of control device or

control technology operation.

(i) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(ii) Start-ups;

(iii) Shutdowns;

(iv) Malfunctions; or

(v) Periods of nonoperation of the

affected source (or portion thereof),

resulting in cessation of the emissions to

which the monitoring applies.

§ 63.1414 Test methods and emission

estimation equations.

(a) Test methods. When required to

conduct a performance test, the owner

or operator shall use the test methods

specified in paragraphs (a)(1) through

(6) of this section, except where another

section of this subpart requires either

the use of a specific test method or the

use of requirements in another subpart

containing specific test method

requirements.

(1) Method 1 or 1A, 40 CFR part 60,

appendix A, shall be used for selection

of the sampling sites if the flow

measuring device is a pitot tube, except

that references to particulate matter in

Method 1A do not apply for the

purposes of this subpart. No traverse is

necessary when Method 2A or 2D, 40

CFR part 60, appendix A is used to

determine gas stream volumetric flow

rate.

(2) Method 2, 2A, 2C, or 2D, 40 CFR

part 60, appendix A, is used for velocity

and volumetric flow rates.

(3) Method 3, 40 CFR part 60,

appendix A, is used for gas analysis.

(4) Method 4, 40 CFR part 60,

appendix A, is used for stack gas

moisture.

(5) The following methods shall be

used to determine the organic HAP

concentration.

(i) Method 316 or Method 320, 40 CFR

part 60, appendix A, shall be used to

determine the concentration of

formaldehyde.

(ii) Method 18, 40 CFR part 60,

appendix A, shall be used to determine

the concentration of all organic HAP

other than formaldehyde.

(iii) Method 308, 40 CFR part 60,

appendix A, may be used as an

alternative to Method 18 to determine

the concentration of methanol.

(6) When complying with the

alternative standard, as specified in

§ 63.1413(f), the owner or operator shall

use a Fourier Transform Infrared

Spectroscopy (FTIR) instrument

following Method PS–15, 40 CFR part

60, appendix B.

(b) Batch process vent performance

testing procedures.

(1) Average batch vent flow rate

determination. The average batch vent

flow rate for a batch emission episode

shall be calculated using Equation 1 of

this section:

AFR

FR

n episode

i

i

n

= =

∑

1 [Eq. 1]

Where:

AFRepisode=Average batch vent flow rate for

the batch emission episode, scmm.

FRi=Volumetric flow rate for individual

measurement i, taken every 15 minutes

using the procedures in paragraph (a)(2)

of this section, scmm.

n=Number of flow rate measurements taken

during the batch emission episode.

(2) Average batch vent concentration

determination using an integrated

sample. If an integrated sample is taken

over the entire batch emission episode

to determine the average batch vent

concentration of total organic HAP,

organic HAP emissions shall be

calculated using Equation 2 of this

section:

E K C M AFR T episode j j

j

n

= ( )( ) h















 ( ) =

∑

1

[Eq. 2]

Where:

Eepisode = Emissions, kg/episode.

K=Constant, 2.494× 10¥6 (ppmv)¥1 (gmmole/scm) (kg/gm) (min/hr), where

standard temperature is 20 °C.

Cj=Average batch vent concentration of

sample organic HAP component j of the

gas stream, dry basis, ppmv.

Mj=Molecular weight of sample organic HAP

component j of the gas stream, gm/gmmole.

AFR=Average batch vent flow rate of gas

stream, dry basis, scmm.

Th=Hours/episode.

n=Number of organic HAP in stream.

(3) Average batch vent concentration

determination using grab samples. If

grab samples are taken to determine the

average batch vent concentration of total

organic HAP, organic HAP emissions

shall be calculated as follows:

(i) For each measurement point, the

emission rate shall be calculated using

Equation 3 of this section:

Epoint 3 = 













 [ ] =

K C M FR Eq ∑ j j

j

n

1

.

Where:

Epoint=Emission rate for individual

measurement point, kg/hr.

K=Constant, 2.494× 10¥6 (ppmv)¥1 (gmmole/scm) (kg/gm) (min/hr), where

standard temperature is 20 °C.

Cj=Concentration of sample organic HAP

component j of the gas stream, dry basis,

ppmv.

Mj=Molecular weight of sample organic HAP

component j of the gas stream, gm/gmmole.

FR=Flow rate of gas stream for the

measurement point, dry basis, scmm.

n=Number of organic HAP in stream.

(ii) The organic HAP emissions per

batch emission episode shall be

calculated using Equation 4 of this

section:

E DUR

E

n episode Eq i

i

n

= ( )



 



 [ ] =

∑

1

. 4

Where:

episode=Emissions, kg/episode.

DUR=Duration of the batch emission episode,

hr/episode.

Ei=Emissions for measurement point i, kg/hr.

n=Number of measurements.

(4) Control device efficiency

determination for a batch emission

episode. The control efficiency for the

control device shall be calculated using

Equation 5 of this section:

R

E E

E

Eq

inlet i outlet i

i

n

i

n

inlet i

i

n =

−

( ) [ ] = =

=

∑ ∑

∑

, ,

,

. 1 1

1

100 5

Where:

R=Control efficiency of control device,

percent.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3311

Einlet=Mass rate of total organic HAP for batch

emission episode i at the inlet to the

control device as calculated under

paragraph (b)(2) or (b)(3) of this section,

kg/episode.

Eoutlet=Mass rate of total organic HAP for

batch emission episode i at the outlet of

the control device, as calculated under

paragraph (b)(2) or (b)(3) of this section,

kg/episode.

n=Number of batch emission episodes in the

batch cycle selected to be controlled.

(c) Percent oxygen correction for

combustion control devices. If the

control device is a combustion device,

total organic HAP concentrations shall

be corrected to 3 percent oxygen when

supplemental combustion air is used to

combust the emissions. The integrated

sampling and analysis procedures of

Method 3B, 40 CFR part 60, appendix A,

shall be used to determine the actual

oxygen concentration (%020). The

samples shall be taken during the same

time that the total organic HAP samples

are taken. The concentration corrected

to 3 percent oxygen (Cc) shall be

computed using Equation 6 of this

section:

C C

O c m Eq

d

= −





 



 17 9

20 9 2

.

. % [ . 6]

Where:

Cc=Concentration of total organic HAP

corrected to 3 percent oxygen, dry basis,

ppmv.

Cm=Total concentration of TOC in vented gas

stream, average of samples, dry basis,

ppmv.

%02d=Concentration of oxygen measured in

vented gas stream, dry basis, percent by

volume.

(d) Uncontrolled organic HAP

emissions. Uncontrolled organic HAP

emissions for individual reactor batch

process vents or individual non-reactor

batch process vents shall be determined

using the procedures specified in

paragraphs (d)(1) through (8) of this

section. To estimate organic HAP

emissions from a batch emissions

episode, owners or operators may use

either the emissions estimation

equations in paragraphs (d)(1) through

(4) of this section, or direct

measurement as specified in paragraph

(d)(5) of this section. Engineering

assessment may be used to estimate

organic HAP emissions from a batch

emission episode only under the

conditions described in paragraph (d)(6)

of this section. In using the emissions

estimation equations in paragraphs

(d)(1) through (4) of this section,

individual component vapor pressure

and molecular weight may be obtained

from standard references. Methods to

determine individual HAP partial

pressures in multicomponent systems

are described in paragraph (d)(9) of this

section. Other variables in the emissions

estimation equations may be obtained

through direct measurement, as defined

in paragraph (d)(5) of this section;

through engineering assessment, as

defined in paragraph (d)(6)(ii) of this

section; by process knowledge; or by

any other appropriate means.

Assumptions used in determining these

variables shall be documented as

specified in § 63.1417. Once organic

HAP emissions for the batch emission

episode have been determined using

either the emissions estimation

equations, direct measurement, or

engineering assessment, organic HAP

emissions from a single batch cycle

shall be calculated in accordance with

paragraph (d)(7) of this section, and

annual organic HAP emissions from the

batch process vent shall be calculated in

accordance with paragraph (d)(8) of this

section.

(1) Emissions from purging of empty

vessels. Organic HAP emissions from

the purging of an empty vessel shall be

calculated using Equation 7 of this

section. Equation 7 of this section does

not take into account evaporation of any

residual liquid in the vessel:

E

V P MW

RT episode Eq ves wavg m = − ( )( )( ) ( . ) [. 1 0 37 7]

Where:

Eepisode=Emissions, kg/episode.

Vves=Volume of vessel, m3.

P=Total organic HAP partial pressure, kPa.

MWwavg=Weighted average molecular weight

of organic HAP in vapor, determined in

accordance with paragraph (d)(4)(i)(D) of

this section, kg/kmol.

R=Ideal gas constant, 8.314 m3·kPa/kmol·K.

T=Temperature of vessel vapor space, K.

m=Number of volumes of purge gas used.

(2) Emissions from purging of filled

vessels. Organic HAP emissions from

the purging of a filled vessel shall be

calculated using Equation 8 of this

section:

E y V P MW

RT P P x

episode T Eq dr wavg

i i

i

n = m

− 









 =

∑

( )( )( )( ) ( ) [.

2

1

 8]

Where:

Eepisode=Emissions, kg/episode.

y=Saturated mole fraction of all organic HAP

in vapor phase.

Vdr=Volumetric gas displacement rate, m3/

min.

P=Pressure in vessel vapor space, kPa.

MWwavg=Weighted average molecular weight

of organic HAP in vapor, determined in

accordance with paragraph (d)(4)(i)(D) of

this section, kg/kmol.

R=Ideal gas constant, 8.314 m3·kPa/kmol·K.

T=Temperature of vessel vapor space, K.

Pi=Vapor pressure of individual organic HAP

i, kPa.

xi=Mole fraction of organic HAP i in the

liquid.

n=Number of organic HAP in stream.

Tm=Minutes/episode.

(3) Emissions from vapor

displacement. Organic HAP emissions

from vapor displacement due to transfer

of material into or out of a vessel shall

be calculated using Equation 9 of this

section:

E y V P MW

RT episode Eq wavg = ( )( )( )( ) [ . 9]

Where:

Eepisode=Emissions, kg/episode.

y=Saturated mole fraction of all organic HAP

in vapor phase.

V=Volume of gas displaced from the vessel,

m3.

P=Pressure in vessel vapor space, kPa.

MWwavg=Weighted average molecular weight

of organic HAP in vapor, determined in

accordance with paragraph (d)(4)(i)(D) of

this section, kg/kmol.

R=Ideal gas constant, 8.314 m3·kPa/kmol·K.

T=Temperature of vessel vapor space, K.

(4) Emissions from heating of vessels.

Organic HAP emissions caused by the

heating of a vessel shall be calculated

using the procedures in either paragraph

(d)(4)(i),(ii), or (iii) of this section, as

appropriate.

(i) If the final temperature to which

the vessel contents is heated is lower

than 50 K below the boiling point of the

HAP in the vessel, then organic HAP

emissions shall be calculated using the

equations in paragraphs (d)(4)(i)(A)

through (D) of this section.

(A) Organic HAP emissions caused by

heating of a vessel shall be calculated

using Equation 10 of this section. The

assumptions made for this calculation

are atmospheric pressure of 760

millimeters of mercury (mm Hg) and the

displaced gas is always saturated with

volatile organic compounds (VOC)

vapor in equilibrium with the liquid

mixture:

3312 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

E

P T

P T

P T

P T MW

episode Eq

i

i

n

i

i

n

i

i

n

i

i

n

=

( )

− ( )

+

( )

− ( )





















































∗

( ) +















=

=

=

=

∑

∑

∑

∑

1

101325 1

2

101325 2

2 2

10

1

1

1

1

. .

 () [. ]

MWwavg,T1 wavg,T2 ∆η

Where:

Eepisode=Emissions, kg/episode.

(Pi)T1, (Pi)T2=Partial pressure (kPa) of each

organic HAP i in the vessel headspace at

initial (T1) and final (T2) temperature.

n=Number of organic HAP in stream.

∆η=Number of kilogram-moles (kg-moles) of

gas displaced, determined in accordance

with paragraph (d)(4)(i)(B) of this

section.

101.325=Constant, kPa.

(MWWAVG,T1), (MWWAVG,T2)=Weighted

average molecular weight of total organic

HAP in the displaced gas stream,

determined in accordance with

paragraph (d)(4)(i)(D) of this section, kg/

kmol.

(B) The moles of gas displaced, ∆, is

calculated using Equation 11 of this

section:

∆η = V

R

Pa Pa 11] fs 1 2

T T Eq

1 2





 



 − 



 



















 [ .

Where:

∆η=Number of kg-moles of gas displaced.

Vfs=Volume of free space in the vessel, m3.

R=Ideal gas constant, 8.314 m3·kPa/kmol·K.

Pa1=Initial noncondensible gas partial

pressure in the vessel, kPa.

Pa2=Final noncondensible gas partial

pressure in the vessel, kPa.

T1=Initial temperature of vessel, K.

T2=Final temperature of vessel, K.

(C) The initial and final pressure of

the noncondensible gas in the vessel

shall be calculated using Equation 12 of

this section:

Pa P T Eq i

i

= − ( ) =101325 ∑

1

. [ . 12]

n

Where:

Pa=Initial or final partial pressure of

noncondensible gas in the vessel

headspace, kPa.

101.325=Constant, kPa.

(Pi)T=Partial pressure of each organic HAP i

in the vessel headspace, kPa, at the

initial or final temperature (T1 or T2).

n=Number of organic HAP in stream.

(D) The weighted average molecular

weight of organic HAP in the displaced

gas, MWwavg, shall be calculated using

Equation 13 of this section:

MW

mass of C) molecular 

mass of C)

wavg Eq i

n

i

n = =

=

∑

∑

( (

(

[ .

i i

i

weight of C)

 13] 1

1

Where:

C=Organic HAP component

n=Number of organic HAP components in

stream.

(ii) If the vessel contents are heated to

a temperature greater than 50 K below

the boiling point, then organic HAP

emissions from the heating of a vessel

shall be calculated as the sum of the

organic HAP emissions calculated in

accordance with paragraphs (d)(4)(ii)(A)

and (B) of this section.

(A) For the interval from the initial

temperature to the temperature 50 K

below the boiling point, organic HAP

emissions shall be calculated using

Equation 10 of this section, where T2 is

the temperature 50 K below the boiling

point.

(B) For the interval from the

temperature 50 K below the boiling

point to the final temperature, organic

HAP emissions shall be calculated as

the summation of emissions for each 5

K increment, where the emissions for

each increment shall be calculated using

Equation 10 of this section.

(1) If the final temperature of the

heatup is at or lower than 5 K below the

boiling point, the final temperature for

the last increment shall be the final

temperature for the heatup, even if the

last increment is less than 5 K.

(2) If the final temperature of the

heatup is higher than 5 K below the

boiling point, the final temperature for

the last increment shall be the

temperature 5 K below the boiling point,

even if the last increment is less than 5

K.

(3) If the vessel contents are heated to

the boiling point and the vessel is not

operating with a condenser, the final

temperature for the final increment shall

be the temperature 5 K below the

boiling point, even if the last increment

is less than 5 K.

(iii) If the vessel is operating with a

condenser, and the vessel contents are

heated to the boiling point, the process

condenser, as defined in § 63.1402, is

considered part of the process. Organic

HAP emissions shall be calculated as

the sum of emissions calculated using

Equation 10 of this section, which

calculates organic HAP emissions due to

heating the vessel contents to the

temperature of the gas exiting the

condenser, and emissions calculated

using Equation 9 of this section, which

calculates emissions due to the

displacement of the remaining saturated

noncondensible gas in the vessel. The

final temperature in Equation 10 of this

section shall be set equal to the exit gas

temperature of the condenser. Equation

9 of this section shall be used as written

below in Equation 14 of this section,

using free space volume, and T is set

equal to the condenser exit gas

temperature:

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3313

E y V P MW

RT episode Eq fs wavg = ( )( )( )( ) [ . 14]

Where:

Eepisode=Emissions, kg/episode.

y=Saturated mole fraction of all organic HAP

in vapor phase.

Vfs=Volume of the free space in the vessel,

m3.

P=Pressure in vessel vapor space, kPa.

MWwavg=Weighted average molecular weight

of organic HAP in vapor, determined in

accordance with paragraph (d)(4)(i)(D) of

this section, kg/kmol.

R=Ideal gas constant, 8.314 m3·kPa/kmol·K.

T=Temperature of condenser exit stream, K.

(5) Emissions determined by direct

measurement. The owner or operator

may estimate annual organic HAP

emissions for a batch emission episode

by direct measurement. The test

methods and procedures specified in

paragraphs (a) and (b) of this section

shall be used for direct measurement. If

direct measurement is used, the owner

or operator shall perform a test for the

duration of a representative batch

emission episode. Alternatively, the

owner or operator may perform a test

during only those periods of the batch

emission episode for which the

emission rate for the entire episode can

be determined or for which the

emissions are greater than the average

emission rate of the batch emission

episode. The owner or operator

choosing either of these options shall

develop an emission profile illustrating

the emission rate (kilogram per unit

time) over the entire batch emission

episode, based on either process

knowledge or test data, to demonstrate

that test periods are representative.

Examples of information that could

constitute process knowledge include

calculations based on material balances

and process stoichiometry. Previous test

results may be used to develop the

emission profile provided the results are

still relevant to the current batch

process vent conditions. The emission

profile shall be included in the sitespecific test plan required by

§ 63.1417(h)(2).

(6) Emissions determined by

engineering assessment. To use

engineering assessment to estimate

organic HAP emissions from a batch

emission episode, owners or operators

shall comply with paragraphs (d)(6)(i)

through (iii) of this section.

(i) If the criteria specified in

paragraphs (d)(6)(i)(A), (B), and (C) of

this section are met for a specific batch

emission episode, the owner or operator

may use engineering assessment to

estimate organic HAP emissions from

that batch emission episode.

(A) Previous test data, where the

measurement of organic HAP emissions

was an outcome of the test, that show

a greater than 20 percent discrepancy

between the test value and the value

estimated using the applicable

equations in paragraphs (d)(1) through

(4) of this section. Paragraphs

(d)(6)(i)(A)(1) and (2) of this section

describe test data that will be acceptable

under this paragraph.

(1) Test data for the batch emission

episode obtained during production of

the product for which the

demonstration is being made.

(2) Test data obtained for a batch

emission episode from another process

train where the test data were obtained

during production of the product for

which the demonstration is being made.

Test data from another process train

may be used only if the owner or

operator can demonstrate that the data

are representative of the batch emission

episode for which the demonstration is

being made, taking into account the

nature, size, operating conditions,

production rate, and sequence of

process steps (e.g., reaction, distillation,

etc.) of the equipment in the other

process train.

(B) Previous test data for the batch

emission episode with the highest

organic HAP emissions on a mass basis

where the measurement of organic HAP

emissions was an outcome of the test,

where data were obtained during the

production of the product for which the

demonstration is being made, and where

the data show a greater than 20 percent

discrepancy between the test value and

the value estimated using the applicable

equations in paragraphs (d)(1) through

(4) of this section. If the criteria in this

paragraph are met, then engineering

assessment may be used for all batch

emission episodes associated with that

batch cycle for the batch unit operation.

(C) The owner or operator has

requested and been granted approval to

use engineering assessment to estimate

organic HAP emissions from a batch

emissions episode. The request to use

engineering assessment to estimate

organic HAP emissions from a batch

emissions episode shall contain

sufficient information and data to

demonstrate to the Administrator that

engineering assessment is an accurate

means of estimating organic HAP

emissions for that particular batch

emissions episode. The request to use

engineering assessment to estimate

organic HAP emissions for a batch

emissions episode shall be submitted in

the Precompliance Report, as required

by § 63.1417(d).

(ii) Engineering assessment includes,

but is not limited to, the following:

(A) Previous test results, provided the

tests are representative of current

operating practices;

(B) Bench-scale or pilot-scale test data

obtained under conditions

representative of current process

operating conditions;

(C) Flow rate or organic HAP emission

rate specified or implied within a

permit limit applicable to the batch

process vent; and

(D) Design analysis based on accepted

chemical engineering principles,

measurable process parameters, or

physical or chemical laws or properties.

Examples of analytical methods include,

but are not limited to:

( 1) Use of material balances;

(2) Estimation of flow rate based on

physical equipment design such as

pump or blower capacities;

(3) Estimation of organic HAP

concentrations based on saturation

conditions; and

(4) Estimation of organic HAP

concentrations based on grab samples of

the liquid or vapor.

(iii) Data or other information used to

demonstrate that the criteria in

paragraph (d)(6)(i) of this section have

been met shall be reported as specified

in paragraphs (d)(6)(iii)(A) and (B) of

this section.

(A) Data or other information used to

demonstrate that the criteria in

paragraphs (d)(6)(i)(A) and (B) of this

section have been met shall be reported

in the Notification of Compliance

Status, as required by § 63.1417(e)(9).

(B) The request for approval to use

engineering assessment to estimate

organic HAP emissions from a batch

emissions episode as allowed under

paragraph (d)(6)(i)(C) of this section,

and sufficient data or other information

for demonstrating to the Administrator

that engineering assessment is an

accurate means of estimating organic

HAP emissions for that particular batch

emissions episode shall be submitted

with the Precompliance Report, as

required by § 63.1417(d).

(7) Emissions for a single batch cycle.

For each batch process vent, the organic

HAP emissions associated with a single

batch cycle shall be calculated using

Equation 15 of this section:

3314 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

Where:

E E Eq cycle episode

i

n

i =

=

∑ [ . 15]

1

Ecycle=Emissions for an individual batch

cycle, kg/batch cycle.

Eepisodei=Emissions from batch emission

episode i, kg/episode.

n=Number of batch emission episodes for the

batch cycle.

(8) Annual emissions from a batch

process vent. Annual organic HAP

emissions from a batch process vent

shall be calculated using Equation 16 of

this section:

AE N E Eq i cycle

i

n

i = ( )( ) =

∑ [ . 16]

1

Where:

AE=Annual emissions from a batch process

vent, kg/yr.

Ni=Number of type i batch cycles performed

annually, cycles/year.

Ecyclei=Emissions from the batch process vent

associated with a single type i batch

cycle, as determined in paragraph (d)(7)

of this section, kg/batch cycle.

n=Number of different types of batch cycles

that cause the emission of organic HAP

from the batch process vent.

(9) Partial pressures in

multicomponent systems. Individual

HAP partial pressures in

multicomponent systems shall be

determined using the appropriate

method specified in paragraphs (d)(9)(i)

through (iii) of this section.

(i) If the components are miscible, use

Raoult’s law to calculate the partial

pressures;

(ii) If the solution is a dilute aqueous

mixture, use Henry’s law constants to

calculate partial pressures;

(iii) If Raoult’s law or Henry’s law is

not appropriate or available, the owner

or operator may use any of the options

in paragraph (d)(9)(iii)(A), (B), or (C) of

this section.

(A) Experimentally obtained activity

coefficients, Henry’s law constants, or

solubility data;

(B) Models, such as groupcontribution models, to predict activity

coefficients; or

(C) Assume the components of the

system behave independently and use

the summation of all vapor pressures

from the HAPs as the total HAP partial

pressure.

§ 63.1415 Monitoring requirements.

(a) General requirements. Each owner

or operator of an emission point located

at an affected source that uses a control

device to comply with the requirements

of this subpart and has one or more

parameter monitoring level requirement

specified under this subpart, shall

install the monitoring equipment

specified in paragraph (b) of this section

in order to demonstrate continued

compliance with the provisions of this

subpart. All monitoring equipment shall

be installed, calibrated, maintained, and

operated according to manufacturer’s

specifications or other written

procedures that provide adequate

assurance that the equipment would

reasonably be expected to monitor

accurately.

(1) This monitoring equipment shall

be in operation at all times when

organic HAP emissions that are required

to be controlled as part of complying

with the emission limits specified in

§§ 63.1404, 63.1405, 63.1406, 63.1407,

and 63.1408 are vented to the control

device.

(2) For control devices controlling less

than 1 ton per year of uncontrolled

organic HAP emissions, monitoring

shall consist of a daily verification that

the control device is operating properly.

If the control device is used to control

batch process vents alone or in

combination with other emission points,

the verification may be on a per batch

cycle basis. This verification shall

include, but not be limited to, a daily or

per batch demonstration that the control

device is working as designed. The

procedure for this demonstration shall

be submitted for review and approval as

part of the Precompliance Report, as

required by § 63.1417(d)(10).

(3) Nothing in this section shall be

construed to allow a monitoring

parameter excursion caused by an

activity that violates other applicable

provisions of subpart A, F, or G of this

part.

(b) Monitoring equipment. The

monitoring equipment specified in

paragraphs (b)(1) through (8) of this

section shall be installed as specified in

paragraph (a) of this section. The

parameters to be monitored are

specified in Table 3 of this subpart.

(1) Where a scrubber is used, the

following monitoring equipment is

required.

(i) A pH monitoring device equipped

with a continuous recorder to monitor

the pH of the scrubber effluent.

(ii) A flow measurement device

equipped with a continuous recorder

shall be located at the scrubber influent

for liquid flow. Gas stream flow shall be

determined using one of the following

procedures:

(A) The owner or operator may

determine gas stream flow using the

design blower capacity with appropriate

adjustments for pressure drop.

(B) If the scrubber is subject to

regulations in 40 CFR parts 264 through

266 that required a determination of the

liquid to gas (L/G) ratio prior to the

applicable compliance date for this

subpart, the owner or operator may

determine gas stream flow by the

method that had been utilized to

comply with those regulations. A

determination that was conducted prior

to the compliance date for this subpart

may be utilized to comply with this

subpart if it is still representative.

(C) The owner or operator may

prepare and implement a gas stream

flow determination plan that documents

an appropriate method which will be

used to determine the gas stream flow.

The plan shall require determination of

gas stream flow by a method which will

at least provide a value for either a

representative or the highest gas stream

flow anticipated in the scrubber during

representative operating conditions

other than start-ups, shutdowns, or

malfunctions. The plan shall include a

description of the methodology to be

followed and an explanation of how the

selected methodology will reliably

determine the gas stream flow, and a

description of the records that will be

maintained to document the

determination of gas stream flow. The

owner or operator shall maintain the

plan as specified in § 63.1416(a).

(2) Where an absorber is used, a

scrubbing liquid temperature

monitoring device and a specific gravity

monitoring device are required, each

equipped with a continuous recorder.

(3) Where a condenser is used, a

condenser exit temperature (product

side) monitoring device equipped with

a continuous recorder is required.

(4) Where a carbon adsorber is used,

an integrating regeneration steam flow

or nitrogen flow, or pressure monitoring

device having an accuracy of ±10

percent of the flow rate, level, or

pressure, or better, capable of recording

the total regeneration steam flow or

nitrogen flow, or pressure (gauge or

absolute) for each regeneration cycle;

and a carbon bed temperature

monitoring device, capable of recording

the carbon bed temperature after each

regeneration and within 15 minutes of

completing any cooling cycle are

required.

(5) Where an incinerator is used, a

temperature monitoring device

equipped with a continuous recorder is

required.

(i) Where an incinerator other than a

catalytic incinerator is used, the

temperature monitoring device shall be

installed in the firebox or in the

ductwork immediately downstream of

the firebox in a position before any

substantial heat exchange occurs.

(ii) Where a catalytic incinerator is

used, temperature monitoring devices

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3315

shall be installed in the gas stream

immediately before and after the

catalyst bed.

(6) Where a flare is used, a device

(including but not limited to a

thermocouple, ultra-violet beam sensor,

or infrared sensor) capable of

continuously detecting the presence of a

pilot flame is required.

(7) Where a boiler or process heater of

less than 44 megawatts design heat

input capacity is used, a temperature

monitoring device in the firebox

equipped with a continuous recorder is

required. Any boiler or process heater in

which all vent streams are introduced

with the primary fuel or are used as the

primary fuel is exempt from this

requirement.

(8) As an alternate to paragraphs (b)(1)

through (7) of this section, the owner or

operator may install an organic

monitoring device equipped with a

continuous recorder. Said organic

monitoring device shall meet the

requirements of Performance

Specification 8 or 9 of 40 CFR part 60,

appendix B, and shall be installed,

calibrated, and maintained according to

§ 63.6.

(c) Alternative monitoring parameters.

An owner or operator may request

approval to monitor parameters other

than those specified in Table 3 of this

subpart. The request shall be submitted

according to the procedures specified in

§ 63.1417(j). Approval shall be

requested if the owner or operator:

(1) Uses a control device or control

technology other than those included in

paragraph (b) of this section; or

(2) Uses one of the control devices

included in paragraph (b) of this

section, but seeks to monitor a

parameter other than those specified in

Table 3 of this subpart.

(d) Monitoring of bypass lines.

Owners or operators using a vent system

that contains bypass lines that could

divert emissions away from a control

device or control technology used to

comply with the provisions of this

subpart shall comply with either

paragraph (d)(1) or (2) of this section.

Equipment such as low leg drains, high

point bleeds, analyzer vents, openended valves or lines, and pressure

relief valves needed for safety purposes

are not subject to this paragraph.

(1) Properly install, maintain, and

operate a flow indicator that takes a

reading at least once every 15 minutes.

Records shall be generated as specified

in § 63.1416(d)(3). The flow indicator

shall be installed at the entrance to any

bypass line that could divert emissions

away from the control device or control

technology and to the atmosphere; or

(2) Secure the bypass line damper or

valve in the non-diverting position with

a car-seal or a lock-and-key type

configuration. A visual inspection of the

seal or closure mechanism shall be

performed at least once every month to

ensure that the damper or valve is

maintained in the non-diverting

position and emissions are not diverted

through the bypass line. Records shall

be generated as specified in

§ 63.1416(d)(3).

(e) Monitoring for the alternative

standards. For control devices that are

used to comply with the provisions of

§§ 63.1404(b), 63.1405(b), 63.1406(b),

63.1407(b), or 63.1408(b) the owner or

operator shall conduct continuous

monitoring of the outlet organic HAP

concentration whenever emissions are

vented to the control device.

Continuous monitoring of outlet organic

HAP concentration shall be

accomplished using an FTIR instrument

following Method PS–15 of 40 CFR part

60, appendix B. The owner or operator

shall calculate a daily average outlet

organic HAP concentration.

§ 63.1416 Recordkeeping requirements.

(a) Data retention. Unless otherwise

specified in this subpart, each owner or

operator of an affected source shall keep

copies of all applicable records and

reports required by this subpart for at

least 5 years, as specified in paragraph

(a)(1) of this section, with the exception

listed in paragraph (a)(2) of this section.

(1) All applicable records shall be

maintained in such a manner that they

can be readily accessed. The most recent

6 months of records shall be retained on

site or shall be accessible from a central

location by computer or other means

that provides access within 2 hours after

a request. The remaining 4 and one-half

years of records may be retained offsite.

Records may be maintained in hard

copy or computer-readable form

including, but not limited to, on paper,

microfilm, computer, floppy disk, CD–

ROM, optical disc, magnetic tape, or

microfiche.

(2) If an owner or operator submits

copies of reports to the appropriate EPA

Regional Office, the owner or operator is

not required to maintain copies of

reports. If the EPA Regional Office has

waived the requirement of

§ 63.10(a)(4)(ii) for submittal of copies of

reports, the owner or operator is not

required to maintain copies of those

reports.

(b) Start-up, shutdown, and

malfunction plan and records. The

owner or operator of an affected source

shall develop and implement a start-up,

shutdown, and malfunction plan as

specified in § 63.6(e)(3) and shall keep

the plan on-site. Records shall be kept

as specified in paragraphs (b)(1) and (2)

of this section. Records are not required

for emission points that do not require

control under this subpart.

(1) Records of the occurrence and

duration of each start-up, shutdown,

and malfunction of operation of process

equipment, or control devices, or

recovery devices, or continuous

monitoring systems, or control

technologies used to comply with this

subpart during which excess emissions

(as defined in § 63.1400(k)(4)) occur.

(2) For each start-up, shutdown, or

malfunction during which excess

emissions (as defined in § 63.1400(k)(4))

occur, records reflecting whether the

procedures specified in the affected

source’s start-up, shutdown, and

malfunction plan were followed and

documentation of actions taken that are

not consistent with the plan. For

example, if a start-up, shutdown, and

malfunction plan includes procedures

for routing a control device to a backup

control device (e.g., a halogenated

stream could be routed to a flare during

periods when the primary control

device is out of service), records shall be

kept of whether the plan was followed.

These records may take the form of a

‘‘checklist’’ or other form of

recordkeeping that confirms

conformance with the start-up,

shutdown, and malfunction plan for the

event.

(c) Monitoring records. Owners or

operators required to comply with

§ 63.1415 and, therefore, required to

keep continuous records shall keep

records as specified in paragraphs (c)(1)

through (6) of this section.

(1) The owner or operator shall record

either each measured data value or

average values for 1 hour or shorter

periods calculated from all measured

data values during each period. If values

are measured more frequently than once

per minute, a single value for each

minute may be used to calculate the

hourly (or shorter period) average

instead of all measured values. Owners

or operators of batch process vents shall

record each measured data value; if

values are measured more frequently

than once per minute, a single value for

each minute may be recorded instead of

all measured values.

(2) Daily average, batch cycle daily

average, or block average values of each

continuously monitored parameter shall

be calculated for each operating day as

specified in paragraphs (c)(2)(i) and (ii)

of this section, except as specified in

paragraphs (c)(3) and (4) of this section.

The option of conducting parameter

monitoring for batch process vents on a

batch cycle daily average basis or a

3316 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

block average basis is described in

paragraph (d)(2) of this section.

(i) The daily average value, batch

cycle daily average, or block average

shall be calculated as the average of all

parameter values recorded during the

operating day, or batch cycle, as

appropriate, except as specified in

paragraph (c)(4) of this section. For

batch process vents, only parameter

values recorded during those batch

emission episodes, or portions thereof,

in the batch cycle that the owner or

operator has selected to control in order

to comply shall be used to calculate the

average. The calculated average shall

cover a 24-hour period if operation is

continuous, or the number of hours of

operation per operating day if operation

is not continuous for daily average

values or batch cycle daily average

values. The calculated average shall

cover the entire period of the batch

cycle for block average values. As

specified in § 63.1413(a)(4)(i)(C)(3), the

owner or operator shall provide the

information needed to calculate batch

cycle daily averages for operating days

that include partial batch cycles.

(ii) The operating day shall be the

period the owner or operator specifies

in the operating permit or the

Notification of Compliance Status for

purposes of determining daily average

values or batch cycle daily average

values of monitored parameters. The

block shall be the entire period of the

batch cycle, as specified by the owner

or operator in the operating permit or

the Notification of Compliance Status

for purposes of determining block

average values of monitored parameters.

(3) If all recorded values for a

monitored parameter during an

operating day or block are above the

minimum level or below the maximum

level established in the Notification of

Compliance Status or operating permit,

the owner or operator may record that

all values were above the minimum

level or below the maximum level rather

than calculating and recording a daily

average, or block average, for that

operating day. For these operating days

or blocks, the records required in

paragraph (c)(1) of this section shall also

be retained for 5 years.

(4) Monitoring data recorded during

periods identified in paragraphs (c)(4)(i)

through (v) of this section shall not be

included in any average computed

under this subpart. Records shall be

kept of the times and durations of all

such periods and any other periods

during process or control device or

recovery device or control technology

operation when monitors are not

operating:

(i) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(ii) Start-ups;

(iii) Shutdowns;

(iv) Malfunctions; and

(v) Periods of non-operation of the

affected source (or portion thereof)

resulting in cessation of the emissions to

which the monitoring applies.

(5) The owner or operator who has

received approval to monitor different

parameters, under § 63.1417(j) as

allowed under § 63.1415(e), than those

specified for storage vessels, continuous

process vents, or batch process vents

shall retain for a period of 5 years each

record specified in their approved

Alternative Monitoring Parameters

request.

(6) The owner or operator who has

received approval to use alternative

continuous monitoring and

recordkeeping provisions as specified in

§ 63.1417(k) shall retain for a period of

5 years each record specified in their

approved Alternative Continuous

Monitoring request.

(d) Batch process vent records. (1)

Compliance demonstration records.

Each owner or operator of a batch

process vent complying with § 63.1406

or § 63.1407 shall keep the following

records, as applicable, readily

accessible.

(i) If a batch process vent is seeking

to demonstrate compliance with the

alternative standard specified in

§ 63.1406(b) or § 63.1407(b), results of

the initial compliance demonstration

specified in § 63.1413(f).

(ii) If a batch process vent is seeking

to demonstrate compliance with the

percent reduction requirements of

§ 63.1406(a)(1)(ii) or § 63.1407(a)(2)(ii),

records documenting the batch cycle

percent reduction or overall percent

reduction, as appropriate, as specified

in § 63.1413(e)(1)(iii).

(iii) When using a flare to comply

with § 63.1406(a)(1)(i) or

§ 63.1407(a)(2)(i):

(A) The flare design (i.e., steamassisted, air-assisted or non-assisted);

(B) All visible emission readings, heat

content determinations, flow rate

measurements, and exit velocity

determinations made during the

compliance determination required by

§ 63.1413(g); and

(C) Periods when all pilot flames were

absent during the compliance

determination required by § 63.1413(g).

(iv) The following information when

using a control device or control

technology, other than a flare, to achieve

compliance with the percent reduction

requirement of § 63.1406(a)(1)(ii) or

§ 63.1407(a)(2)(ii):

(A) For an incinerator, noncombustion control device, or other

control technology, the percent

reduction of organic HAP achieved for

emissions vented to the control device

or control technology, as determined

using the procedures specified in

§ 63.1413(e)(1);

(B) For a boiler or process heater, a

description of the location at which the

vent stream is introduced into the boiler

or process heater; and

(C) For a boiler or process heater with

a design heat input capacity of less than

44 megawatts and where the vent stream

is not introduced with the primary fuel

or used as the primary fuel, the percent

reduction of organic HAP achieved for

emissions vented to the control device,

as determined using the procedures

specified in § 63.1413(e)(1).

(v) If a batch process vent is seeking

to demonstrate compliance with the

mass emission limits specified in

§ 63.1406(a)(1)(iii) or (a)(2)(iii) or

specified in § 63.1407(b)(2), the

following information:

(A) Results of the initial compliance

demonstration specified in

§ 63.1413(e)(2).

(B) The organic HAP emissions from

the batch process vent associated with

each single type of batch cycle (E cycle i)

determined as specified in

§ 63.1413(e)(2).

(C) The site-specific emission limit

required by § 63.1413(e)(2), as

appropriate.

(vi) If an owner or operator designates

a condenser sometimes operated as a

process condenser as a control device,

comply with either paragraph

(d)(1)(vi)(A) or (B) of this section.

(A) Retain information, data, analyses

to document inprocess recycling of the

material recovered when the condenser

is operating as a control device.

(B) When requested by the

Administrator, demonstrate that

material recovered by the condenser

operating as a control device is reused

in a manner meeting the definition of

inprocess recycling.

(2) Establishment of parameter

monitoring level records. For each

parameter monitored according to

§ 63.1415(b) and Table 3 of this subpart,

or for alternate parameters and/or

parameters for alternate control devices

or control technologies monitored

according to § 63.1417(j) as allowed

under § 63.1415(e), maintain

documentation showing the

establishment of the level that indicates

proper operation of the control device or

control technology as required by

§ 63.1415(c) for parameters specified in

§ 63.1415(b) and as required by

§ 63.1417(j) for alternate parameters. An

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3317

owner or operator may choose to

monitor operating parameters for batch

process vents on a batch cycle daily

average basis or on a block average

basis. The batch cycle daily average is

based on parameter monitoring

accomplished during the operating day

(i.e., a 24-hour basis). The block average

is based on the parameter monitoring

accomplished during a single batch

cycle. As defined in § 63.1402, the block

shall be the period of time equal to a

single batch cycle. Monitored parameter

documentation shall include the

following:

(i) Parameter monitoring data used to

establish the level.

(ii) Identification that the parameter

monitoring level is associated with a

batch cycle daily average or a block

average.

(iii) A definition of the batch cycle or

block, as appropriate.

(3) Controlled batch process vent

continuous compliance records.

Continuous compliance records shall be

kept as follows:

(i) Each owner or operator of a batch

process vent that uses a control device

or control technology to comply with

the percent reduction requirements of

§ 63.1406(a)(1)(ii) or § 63.1407(a)(2)(ii)

shall keep the following records, as

applicable, readily accessible:

(A) Continuous records of the

equipment operating parameters

specified to be monitored under

§ 63.1415(b) as applicable, and listed in

Table 3 of this subpart, or specified by

the Administrator in accordance with

§ 63.1417(f) as allowed under

§ 63.1415(e). Said records shall be kept

as specified under paragraph (c) of this

section, except as follows:

(1) For carbon adsorbers, the records

specified in Table 3 of this subpart shall

be maintained in place of continuous

records.

(2) For flares, the records specified in

Table 4 of this subpart shall be

maintained in place of continuous

records.

(B) Records of the batch cycle daily

average value or block average value of

each continuously monitored parameter,

as specified in paragraph (c) of this

section.

(ii) Each owner or operator of a batch

process vent that uses a control device

or control technology to comply with

§ 63.1406 or § 63.1407 shall keep the

following records, as applicable, readily

accessible:

(A) Hourly records of whether the

flow indicator for bypass lines specified

in § 63.1415(d) was operating and

whether a diversion was detected at any

time during the hour. Also, records of

the time and duration periods when the

vent is diverted from the control device

or control technology or the flow

indicator specified in § 63.1415(d) is not

operating.

(B) Where a seal or closure

mechanism is used to comply with

§ 63.1415(d), hourly records of whether

a diversion was detected at any time are

not required. The owner or operator

shall record whether the monthly visual

inspection of the seals or closure

mechanisms has been done and shall

record the occurrence of all periods

when the seal mechanism is broken, the

bypass line damper or valve position

has changed, or the key for a lock-andkey type configuration has been checked

out, and records of any car-seal that has

broken.

(C) Records specifying the times and

duration of periods of monitoring

system breakdowns, repairs, calibration

checks, and zero (low-level) and highlevel adjustments. In addition, records

specifying any other periods of process

or control device operation or control

technology operation when monitors are

not operating.

(iii) Each owner or operator of a batch

process vent seeking to demonstrate

compliance with the alternative

standard, as specified in § 63.1406(b) or

§ 63.1407(b), shall keep the records of

continuous emissions monitoring

described in § 63.1416(c).

(iv) Each owner or operator of a batch

process vent seeking to demonstrate

compliance with the mass emission

limits, specified in § 63.1406(a)(1)(iii) or

(a)(2)(iii), shall keep the following

records, as applicable, readily

accessible.

(A) The cumulative average monthly

emission rate or the 12-month rolling

average monthly emission rate, as

appropriate.

(B) If there is a deviation from the

mass emission limit, as specified in

§ 63.1413(h), the individual monthly

emission rate data points making up the

cumulative average monthly emission

rate or the 12-month rolling average

monthly emission rate, as appropriate.

(C) If it becomes necessary to

redetermine (Ecycle i) for a reactor batch

process vent, as specified in

§ 63.1413(e)(2), the new value(s) for

(Ecycle i).

(D) If an owner or operator is

demonstrating compliance using the

procedures in § 63.1413(e)(2), the

monthly value of the site-specific

emission limit developed under

§ 63.1413(e)(2).

(e) Aggregate batch vent stream

records. (1) Compliance demonstration

records. Each owner or operator of an

aggregate batch vent stream complying

with § 63.1408(a)(1) or (2) shall keep the

following records, as applicable, readily

accessible:

(i) If an aggregate batch vent stream is

in compliance with the percent

reduction requirements of

§ 63.1408(a)(1)(ii) or (a)(2)(ii), owners or

operators shall comply with the

recordkeeping requirements for

continuous process vents specified in 40

CFR part 63, subpart SS.

(ii) If an aggregate batch vent stream

is in compliance with the alternative

standard specified in § 63.1408(b),

results of the initial compliance

demonstration specified in § 63.1413(f).

(iii) When using a flare to comply

with § 63.1408(a)(1)(i) or (a)(2)(i):

(A) The flare design (i.e., steamassisted, air-assisted or non-assisted).

(B) All visible emission readings, heat

content determinations, flow rate

measurements, and exit velocity

determinations made during the

compliance determination required by

§ 63.1413(g).

(C) Periods when all pilot flames were

absent during the compliance

determination required by § 63.1413(g).

(iv) If an aggregate batch vent stream

is seeking to comply with the mass

emission limits specified in

§ 63.1408(b)(2), results of the initial

compliance demonstration specified in

§ 63.1413(e)(2). In addition, for each

batch process vent, the emissions

associated with each single type of

batch cycle (Ecycle i), determined as

specified in § 63.1413(e)(2), shall be

recorded.

(2) Establishment of parameter

monitoring level records. For each

parameter monitored according to

§ 63.1415(b) and Table 3 of this subpart,

or for alternate parameters and/or

parameters for alternate control devices

monitored according to § 63.1417(j) as

allowed under § 63.1415(e), maintain

documentation showing the

establishment of the level that indicates

proper operation of the control device as

required by § 63.1415(c) for parameters

specified in § 63.1415(b) and as required

by § 63.1417(j) for alternate parameters.

Monitored parameter documentation

shall include the parameter monitoring

data used to establish the level.

(3) Controlled aggregate batch vent

streams continuous compliance records.

The following continuous compliance

records shall be kept, as applicable:

(i) Each owner or operator of an

aggregate batch vent stream that uses a

control device to comply with the

percent reduction requirement of

§ 63.1408(a)(1)(ii) or (a)(2)(ii) shall keep

the following records, as applicable,

readily accessible:

(A) Continuous records of the

equipment operating parameters

3318 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

specified to be monitored under

§ 63.1415(b) as applicable, and listed in

Table 3 of this subpart, or specified by

the Administrator in accordance with

§ 63.1417(j) as allowed under

§ 63.1415(e). Records shall be kept as

specified under paragraph (c) of this

section, except as follows:

(1) For carbon adsorbers, the records

specified in Table 3 of this subpart shall

be maintained in place of continuous

records.

(2) For flares, the records specified in

Table 3 of this subpart shall be

maintained in place of continuous

records.

(B) Records of the daily average value

of each continuously monitored

parameter, as specified in paragraph (c)

of this section.

(ii) Each owner or operator of an

aggregate batch vent stream that uses a

control device to comply with

paragraph § 63.1408(a)(1) or (2) of this

section shall keep the following records,

as applicable, readily accessible:

(A) Hourly records of whether the

flow indicator for bypass lines specified

in § 63.1415(d) was operating and

whether a diversion was detected at any

time during the hour. Also, records of

the times and durations of periods when

the vent is diverted from the control

device or the flow indicator specified in

§ 63.1415(d) is not operating.

(B) Where a seal or closure

mechanism is used to comply with

§ 63.1415(d), hourly records of whether

a diversion was detected at any time are

not required. The owner or operator

shall record whether the monthly visual

inspection of the seals or closure

mechanisms has been done, and shall

record the occurrence of all periods

when the seal mechanism is broken, the

bypass line damper or valve position

has changed, or the key for a lock-andkey type configuration has been checked

out, and records of any car-seal that has

broken.

(C) Records specifying the times and

duration of periods of monitoring

system breakdowns, repairs, calibration

checks, and zero (low-level) and highlevel adjustments. In addition, records

specifying any other periods of process

or control device operation when

monitors are not operating.

(iii) Each owner or operator of an

aggregate batch vent stream seeking to

demonstrate compliance with the

alternative standard, as specified in

§ 63.1408(b), shall keep the records of

continuous emissions monitoring

described in § 63.1416(c).

(iv) Each owner or operator of an

aggregate batch vent stream seeking to

demonstrate compliance with the mass

emission limits, specified in

§ 63.1408(b)(2), shall keep the following

records, as applicable, readily

accessible:

(A) The rolling average monthly

emission rate or the 12-month rolling

average monthly emission rate, as

appropriate.

(B) If there is a deviation from the

emission limit, as specified in

§ 63.1413(h)(1), the individual monthly

emission rate data points making up the

rolling average monthly emission rate or

the 12-month rolling average monthly

emission rate, as appropriate.

(C) If it becomes necessary to

redetermine (Ecyclei) for a reactor batch

process vent, as specified in

§ 63.1413(e)(2), the new value(s) for

(Ecyclei).

(f) Continuous process vent records.

(1) TRE index value records. Each

owner or operator of a continuous

process vent shall maintain records of

measurements, engineering assessments,

and calculations performed according to

the procedures of § 63.1412(j) to

determine the TRE index value.

Documentation of engineering

assessments, described in § 63.1412(k),

shall include all data, assumptions, and

procedures used for the engineering

assessments.

(2) Volumetric flow rate records. Each

owner or operator of a continuous

process vent shall record the volumetric

flow rate as measured using the

sampling site and volumetric flow rate

determination procedures (if applicable)

specified in § 63.1412(b) and (f) or

determined through engineering

assessment as specified in § 63.1412(k).

(3) Organic HAP concentration

records. Each owner or operator shall

record the organic HAP concentration as

measured using the sampling site and

organic HAP concentration

determination procedures specified in

§ 63.1412(b)and (e), or determined

through engineering assessment as

specified in § 63.1412(k).

(4) Process change records. Each

owner or operator of a continuous

process vent shall keep up-to-date,

readily accessible records of any process

changes that change the control

applicability for a continuous process

vent. Records are to include any

recalculation or measurement of the

flow rate, organic HAP concentration,

and TRE index value.

(g) Other records or documentation.

(1) For continuous monitoring systems

used to comply with this subpart,

owners or operators shall keep records

documenting the completion of

calibration checks and records

documenting the maintenance of

continuous monitoring systems that are

specified in the manufacturer’s

instructions or that are specified in

other written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

(2) The owner or operator of an

affected source granted a waiver under

§ 63.10(f) shall maintain any

information demonstrating whether an

affected source is meeting the

requirements for a waiver of

recordkeeping or reporting

requirements.

(3) Owners or operators using the

exemption from the equipment leak

provisions provided by § 63.1400(f)

shall comply with either paragraph

(g)(3)(i) or (ii) of this section.

(i) The owner or operator shall retain

information, data, and analysis used to

document the basis for using the

exemption provided by § 63.1400(f).

Such information, data, and analysis

shall be retained for the 12-month

period preceding December 14, 1998

and for each 12-month period the

affected source is in operation and using

the exemption provided by § 63.1400(f).

The beginning of each 12-month period

shall be the anniversary of December 14,

1998.

(ii) When requested by the

Administrator, the owner or operator

shall demonstrate that actual annual

production is equal to or less than 800

megagrams per year of amino/phenolic

resin for the 12-month period preceding

December 14, 1998, and for each 12-

month period the affected source has

been in operation and using the

exemption provided by § 63.1400(f). The

beginning of each 12-month period shall

be the anniversary of December 14,

1998.

(4) The owner or operator of a heat

exchange system located at an affected

source shall retain the following

records:

(i) Monitoring data required by

§ 63.1409 indicating a leak and the date

when the leak was detected, and if

demonstrated not to be a leak, the basis

for that determination.

(ii) Records of any leaks detected by

procedures subject to § 63.1409(c)(2)

and the date the leak was detected.

(iii) The dates of efforts to repair

leaks.

(iv) The method or procedure used to

confirm repair of a leak and the date

repair was confirmed.

(h) Reduced recordkeeping program.

For any parameter with respect to any

item of equipment, the owner or

operator may implement the

recordkeeping requirements specified in

paragraph (h)(1) or (2) of this section as

alternatives to the provisions specified

in this subpart for storage vessels,

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3319

continuous process vents, batch process

vents, or aggregate batch vent streams.

The owner or operator shall retain for a

period of 5 years each record required

by paragraph (h)(1) or (2) of this section.

(1) The owner or operator may retain

only the daily average, batch cycle daily

average, or block average value, and is

not required to retain more frequent

values, for a parameter with respect to

an item of equipment, if the

requirements of paragraphs (h)(1)(i)

through (vi) of this section are met. An

owner or operator electing to comply

with the requirements of paragraph

(h)(1) of this section shall notify the

Administrator in the Notification of

Compliance Status Report required

under § 63.1417(e) or, if the Notification

of Compliance Status has already been

submitted, in the Periodic Report

immediately preceding implementation

of the requirements of this paragraph as

specified in § 63.1417(f)(10).

(i) The monitoring system is capable

of detecting unrealistic or impossible

data during periods of operation other

than start-ups, shutdowns, or

malfunctions (e.g., a temperature

reading of ¥200 °C on a boiler) and will

alert the operator by alarm or other

means. The owner or operator shall

record the occurrence. All instances of

the alarm or other alert in an operating

day or block constitute a single

occurrence.

(ii) The monitoring system generates,

updated at least hourly throughout each

operating day, a running average of the

parameter values that have been

obtained during that operating day or

block, and the capability to observe this

running average is readily available onsite to the Administrator during the

operating day. The owner or operator

shall record the occurrence of any

period meeting the criteria in

paragraphs (h)(1)(ii)(A) through (C) of

this section. All instances in an

operating day or block constitute a

single occurrence:

(A) The running average is above the

maximum or below the minimum

established limits;

(B) The running average is based on

at least six 1-hour average values; and

(C) The running average reflects a

period of operation other than a startup, shutdown, or malfunction.

(iii) The monitoring system is capable

of detecting unchanging data during

periods of operation other than startups, shutdowns, or malfunctions, except

in circumstances where the presence of

unchanging data is the expected

operating condition based on past

experience (e.g., pH in some scrubbers)

and will alert the operator by alarm or

other means. The owner or operator

shall record the occurrence. All

instances of the alarm or other alert in

an operating day or block constitute a

single occurrence.

(iv) The monitoring system will alert

the owner or operator by an alarm or

other means if the running average

parameter value calculated under

paragraph (h)(1)(ii) of this section

reaches a set point that is appropriately

related to the established limit for the

parameter that is being monitored.

(v) The owner or operator shall verify

the proper functioning of the monitoring

system, including its ability to comply

with the requirements of paragraphs

(h)(1)(i) through (iv) of this section, at

the times specified in paragraphs

(h)(1)(v)(A) through (C). The owner or

operator shall document that the

required verifications occurred.

(A) Upon initial installation.

(B) Annually after initial installation.

(C) After any change to the

programming or equipment constituting

the monitoring system which might

reasonably be expected to alter the

monitoring system’s ability to comply

with the requirements of this section.

(vi) The owner or operator shall retain

the records identified in paragraphs

(h)(1)(vi)(A) through (D) of this section.

(A) Identification of each parameter

for each item of equipment for which

the owner or operator has elected to

comply with the requirements of

paragraph (h)(1) of this section.

(B) A description of the applicable

monitoring system(s) and how

compliance will be achieved with each

requirement of paragraphs (h)(1)(i)

through (v) of this section. The

description shall identify the location

and format (e.g., on-line storage, log

entries) for each required record. If the

description changes, the owner or

operator shall retain, as provided in

paragraph (a) of this section, except as

provided in paragraph (h)(1)(vi)(D) of

this section, both the current and the

most recent superseded description.

(C) A description and the date of any

change to the monitoring system that

would reasonably be expected to impair

its ability to comply with the

requirements of paragraph (h) of this

section.

(D) Owners and operators subject to

paragraph (h)(1)(vi)(B) of this section

shall retain the current description of

the monitoring system as long as the

description is current. The current

description shall, at all times, be

retained on-site or be accessible from a

central location by computer or other

means that provides access within 2

hours after a request. The owner or

operator shall retain all superseded

descriptions for at least 5 years after the

date of their creation. Superseded

descriptions shall be retained on-site (or

accessible from a central location by

computer or other means that provides

access within 2 hours after a request) for

at least 6 months after their creation.

Thereafter, superseded descriptions may

be stored off-site.

(2) If an owner or operator has elected

to implement the requirements of

paragraph (h)(1) of this section for a

parameter with respect to an item of

equipment and a period of 6

consecutive months has passed without

any deviation as defined in paragraph

(h)(2)(iv) of this section, the owner or

operator is no longer required to record

the daily average, batch cycle daily

average, or block average value for any

operating day when the daily average,

batch cycle daily average, or block

average value is less than the maximum

or greater than the minimum established

limit. With approval by the

Administrator, monitoring data

generated prior to the compliance date

of this subpart shall be credited toward

the period of 6 consecutive months if

the parameter limit and the monitoring

accomplished during the period prior to

the compliance date were required and/

or approved by the Administrator.

(i) If the owner or operator elects not

to retain the daily average, batch cycle

daily average, or block average values,

the owner or operator shall notify the

Administrator in the next Periodic

Report as specified in § 63.1417(f)(11).

The notification shall identify the

parameter and unit of equipment.

(ii) If, on any operating day or during

any block after the owner or operator

has ceased recording the daily average,

batch cycle daily average, or block

average values as provided in paragraph

(h)(2) of this section, there is a deviation

as defined in paragraph (h)(2)(iv) of this

section, the owner or operator shall

immediately resume retaining the daily

average, batch cycle daily average, or

block average value for each operating

day and shall notify the Administrator

in the next Periodic Report. The owner

or operator shall continue to retain each

daily average, batch cycle daily average,

or block average value until another

period of 6 consecutive months has

passed without a deviation as defined in

paragraph (h)(2)(iv) of this section.

(iii) The owner or operator shall retain

the records specified in paragraphs

(h)(1)(i) through (iv) of this section for

the duration specified in paragraph (h)

of this section. For any calendar week,

if compliance with paragraphs (h)(1)(i)

through (iv) of this section does not

result in retention of a record of at least

one occurrence or measured parameter

value, the owner or operator shall

3320 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

record and retain at least one value

during a period of operation other than

a start-up, shutdown, or malfunction.

(iv) For purposes of paragraph (h)(2)

of this section, a deviation means that

the daily average, batch cycle daily

average, or block average value of

monitoring data for a parameter is

greater than the maximum, or less than

the minimum established value, except

that the daily average, batch cycle daily

average, or block average value during

any start-up, shutdown, or malfunction

shall not be considered a deviation for

purposes of paragraph (h)(2) of this

section, if the owner or operator follows

the applicable provisions of the start-up,

shutdown, and malfunction plan

required by § 63.6(e)(3).

§ 63.1417 Reporting requirements.

(a) Reporting and notification. In

addition to the reports and notifications

required by subpart A of this part as

specified in Table 1 of this subpart, the

owner or operator of an affected source

shall prepare and submit the reports

listed in paragraphs (d) through (i) of

this section as applicable. All reports

required by this subpart and the

schedule for their submittal are listed in

Table 5 of this subpart.

(b) General. Owners and operators are

required to meet the reporting

requirements of this subpart unless they

can demonstrate that failure to submit

information required to be included in

a specified report was due to the

circumstances described in paragraphs

(b)(1) through (3) of this section.

Examples of circumstances where this

paragraph may apply include

information related to newly-added

equipment or emission points, changes

in the process, changes in equipment

required or utilized for compliance with

the requirements of this subpart, or

changes in methods or equipment for

monitoring, recordkeeping, or reporting.

(1) The information was not known in

time for inclusion in the report specified

by this subpart.

(2) The owner or operator has been

diligent in obtaining the information.

(3) The owner or operator submits a

report according to the provisions of

paragraphs (b)(3)(i) through (iii) of this

section, as appropriate.

(i) If this subpart expressly provides

for supplements to the report in which

the information is required, the owner

or operator shall submit the information

as a supplement to that report. The

information shall be submitted no later

than 60 days after it is obtained, unless

otherwise specified in this subpart.

(ii) If this subpart does not expressly

provide for supplements, but the owner

or operator must submit a request for

revision of an operating permit pursuant

to 40 CFR part 70 or part 71 due to

circumstances to which the information

pertains, the owner or operator shall

submit the information with the request

for revision to the operating permit.

(iii) In any case not addressed by

paragraph (b)(3)(i) or paragraph (b)(3)(ii)

of this section, the owner or operator

shall submit the information with the

first Periodic Report, as required by this

subpart, which has a submission

deadline at least 60 days after the

information is obtained.

(c) Submittals. All reports required

under this subpart shall be sent to the

Administrator at the appropriate

address listed in § 63.13. If acceptable to

both the Administrator and the owner or

operator of an affected source, reports

may be submitted on electronic media.

(d) Precompliance Report. Owners or

operators of affected sources requesting

an extension for compliance; requesting

approval to use alternative monitoring

parameters, alternative continuous

monitoring and recordkeeping, or

alternative controls; requesting approval

to use engineering assessment to

estimate organic HAP emissions from a

batch emissions episode as described in

§ 63.1414(d)(6)(i)(C); wishing to

establish parameter monitoring levels

according to the procedures contained

in § 63.1413(a)(4)(ii); establishing

parameter monitoring levels based on a

design evaluation as specified in

§ 63.1413(a)(3); following the

procedures in § 63.1413(e)(2); or

requesting approval to incorporate a

provision for ceasing to collect

monitoring data during a start-up,

shutdown, or malfunction into the

startup, shutdown, and malfunction

plan when that monitoring equipment

would be damaged if it did not cease to

collect monitoring data, as permitted

under § 63.1417(d)(9), shall submit a

Precompliance Report according to the

schedule described in paragraph (d)(1)

of this section. The Precompliance

Report shall contain the information

specified in paragraphs (d)(2) through

(11) of this section, as appropriate.

(1) The Precompliance Report shall be

submitted to the Administrator no later

than 12 months prior to the compliance

date. Unless the Administrator objects

to a request submitted in the

Precompliance Report within 45 days

after its receipt, the request shall be

deemed approved. For new affected

sources, the Precompliance Report shall

be submitted to the Administrator with

the application for approval of

construction or reconstruction required

by § 63.5(d), as specified on Table 1 of

this subpart. Supplements to the

Precompliance Report may be submitted

as specified in paragraph (d)(11) of this

section.

(2) A request for an extension for

compliance, as specified in § 63.1401(d),

may be submitted in the Precompliance

Report. The request for a compliance

extension will include the data outlined

in § 63.6(i)(6)(i)(A), (B), and (D), as

required in § 63.1401(d)(1).

(3) The alternative monitoring

parameter information required in

paragraph (j) of this section shall be

submitted in the Precompliance Report

if, for any emission point, the owner or

operator of an affected source seeks to

comply through the use of a control

technique other than those for which

monitoring parameters are specified in

this subpart or seeks to comply by

monitoring a different parameter than

those specified in this subpart.

(4) If the affected source seeks to

comply using alternative continuous

monitoring and recordkeeping as

specified in paragraph (k) of this

section, the owner or operator shall

submit the information requested in

paragraph (d)(4)(i) or (ii) of this section

in the Precompliance Report:

(i) The owner or operator shall submit

notification of the intent to use the

provisions specified in paragraph (k) of

this section; or

(ii) The owner or operator shall

submit a request for approval to use

alternative continuous monitoring and

recordkeeping provisions as specified in

paragraph (k) of this section.

(5) The owner or operator shall report

the intent to use alternative controls to

comply with the provisions of this

subpart in the Precompliance Report.

The Administrator may deem the

alternative controls to be equivalent to

the controls required by the standard

under the procedures outlined in

§ 63.6(g).

(6) If a request for approval to use

engineering assessment to estimate

organic HAP emissions from a batch

emissions episode, as specified in

§ 63.1414(d)(6)(i)(C), is being made, the

information required by

§ 63.1414(d)(6)(iii)(B) shall be submitted

in the Precompliance Report.

(7) If an owner or operator elects to

establish parameter monitoring levels

according to the procedures contained

in § 63.1413(a)(4)(ii), or will be

establishing parameter monitoring

levels based on a design evaluation as

specified in § 63.1413(a)(3), the

following information shall be

submitted in the Precompliance Report:

(i) Identification of which procedures

( i.e., § 63.1413(a)(1)(i) or (ii)) are to be

used; and

(ii) A description of how the

parameter monitoring level is to be

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3321

established. If the procedures in

§ 63.1413(a)(4)(ii) are to be used, a

description of how performance test

data will be used shall be included.

(8) If an owner or operator is

complying with the mass emission limit

specified in § 63.1406(a)(1)(iii) or

(a)(2)(iii), § 63.1407(b)(2), or

§ 63.1408(b)(2), the sample of

production records specified in

§ 63.1413(e)(2) shall be submitted in the

Precompliance Report.

(9) If the owner or operator is

requesting approval to incorporate a

provision for ceasing to collect

monitoring data during a start-up,

shutdown, or malfunction into the startup, shutdown, and malfunction plan

when that monitoring equipment would

be damaged if it did not cease to collect

monitoring data, the information

specified in paragraphs (d)(9)(i) and (ii)

of this section shall be supplied in the

Precompliance Report or in a

supplement to the Precompliance

Report. The Administrator shall

evaluate the supporting documentation

and shall approve the request only if, in

the Administrator’s judgment, the

specific monitoring equipment would

be damaged by the contemporaneous

start-up, shutdown, or malfunction.

(i) Documentation supporting a claim

that the monitoring equipment would be

damaged by the contemporaneous startup, shutdown, or malfunction.

(ii) A request to incorporate such a

provision for ceasing to collect

monitoring data during a start-up,

shutdown, or malfunction into the startup, shutdown, and malfunction plan.

(10) The procedure for a control

device controlling less than 1 ton per

year of uncontrolled organic HAP

emissions shall be submitted, as

specified in § 63.1415(a)(2). Such a

procedure shall meet the requirements

specified in § 63.1415(a)(2).

(11) Supplements to the

Precompliance Report may be submitted

as specified in paragraph (d)(11)(i) or (ii)

of this section. Unless the Administrator

objects to a request submitted in a

supplement to the Precompliance

Report within 45 days after its receipt,

the request shall be deemed approved.

(i) Supplements to the Precompliance

Report may be submitted to clarify or

modify information previously

submitted.

(ii) Supplements to the Precompliance

Report may be submitted to request

approval to use alternative monitoring

parameters, as specified in paragraph (j)

of this section; to use alternative

continuous monitoring and

recordkeeping, as specified in paragraph

(k) of this section; to use alternative

controls, as specified in paragraph (d)(5)

of this section; to use engineering

assessment to estimate organic HAP

emissions from a batch emissions

episode, as specified in paragraph (d)(6)

of this section; to establish parameter

monitoring levels according to the

procedures contained in

§ 63.1413(a)(4)(ii) or (a)(3), as specified

in paragraph (d)(7) of this section; or to

include a provision for ceasing to collect

monitoring data during a start-up,

shutdown, or malfunction in the startup, shutdown, and malfunction plan

when that monitoring equipment would

be damaged if it did not cease to collect

monitoring data, as specified in

paragraph (d)(9) of this section.

(e) Notification of Compliance Status.

For existing and new affected sources, a

Notification of Compliance Status shall

be submitted within 150 days after the

compliance dates specified in § 63.1401.

For equipment leaks, the Notification of

Compliance Status shall contain the

information specified in 40 CFR part 63,

subpart UU. For storage vessels,

continuous process vents, batch process

vents, and aggregate batch vent streams,

the Notification of Compliance Status

shall contain the information listed in

paragraphs (e)(1) through (6) of this

section.

(1) The results of any emission point

applicability determinations,

performance tests, design evaluations,

inspections, continuous monitoring

system performance evaluations, any

other information used to demonstrate

compliance, and any other information,

as appropriate, required to be included

in the Notification of Compliance Status

under 40 CFR part 63, subpart WW and

subpart SS, as referred to in § 63.1404

for storage vessels; under 40 CFR part

63, subpart SS, as referred to in

§ 63.1405 for continuous process vents;

under § 63.1416(f)(1) through (3) for

continuous process vents; under

§ 63.1416(d)(1) for batch process vents;

and under § 63.1416(e)(1) for aggregate

batch vent streams. In addition, each

owner or operator shall comply with

paragraphs (e)(1)(i) and (ii) of this

section.

(i) For performance tests, applicability

determinations, and estimates of organic

HAP emissions that are based on

measurements, the Notification of

Compliance Status shall include one

complete test report, as described in

paragraph (e)(1)(ii) of this section, for

each test method used for a particular

kind of emission point. For additional

tests performed for the same kind of

emission point using the same method,

the results and any other required

information shall be submitted, but a

complete test report is not required.

(ii) A complete test report shall

include a brief process description,

sampling site description, description of

sampling and analysis procedures and

any modifications to standard

procedures, quality assurance

procedures, record of operating

conditions during the test, record of

preparation of standards, record of

calibrations, raw data sheets for field

sampling, raw data sheets for field and

laboratory analyses, documentation of

calculations, and any other information

required by the test method.

(2) For each monitored parameter for

which a maximum or minimum level is

required to be established, the

Notification of Compliance Status shall

contain the information specified in

paragraphs (e)(2)(i) through (iv) of this

section, unless this information has

been established and provided in the

operating permit.

(i) The required information shall

include the specific maximum or

minimum level of the monitored

parameter(s) for each emission point.

(ii) The required information shall

include the rationale for the specific

maximum or minimum level for each

parameter for each emission point,

including any data and calculations

used to develop the level and a

description of why the level indicates

proper operation of the control device or

control technology.

(iii) The required information shall

include a definition of the affected

source’s operating day, as specified in

§ 63.1416(c)(2)(ii), for purposes of

determining daily average values or

batch cycle daily average values of

monitored parameters. The required

information shall include a definition of

the affected source’s block(s), as

specified in § 63.1416(c)(2)(ii), for

purposes of determining block average

values of monitored parameters.

(iv) For batch process vents, the

required information shall include a

definition of each batch cycle that

requires the control of one or more

batch emission episodes during the

cycle, as specified in

§§ 63.1413(e)(1)(iii) and

63.1416(c)(2)(ii).

(3) When the determination of

applicability for process units, as made

following the procedures in

§ 63.1400(g), indicates that a process

unit is an APPU, an identification of the

APPU and a statement indicating that

the APPU is an APPU that produces

more than one intended product at the

same time, as specified in

§ 63.1400(g)(1), or is a flexible

operations process unit as specified in

§ 63.1400(g)(2) through (4).

(4) [Reserved]

3322 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

(5) The results for each predominant

use determination for storage vessels

belonging to an affected source subject

to this subpart that is made under

§ 63.1400(h)(6).

(6) Notification that the owner or

operator has elected to comply with

§ 63.1416(h), Reduced Recordkeeping

Program.

(7) Notification that an affected source

is exempt from the equipment leak

provisions of § 63.1410 according to the

provisions of § 63.1400(f), and the

affected source’s actual annual

production of amino/phenolic resins for

the 12-month period preceding

December 14, 1998.

(8) An owner or operator with a

combustion device, recovery device, or

recapture device affected by the

situation described in § 63.1400(i)(5)

shall identify which rule shall be

complied with for monitoring,

recordkeeping, and reporting

requirements, as allowed under

§ 63.1400(i)(5).

(9) Data or other information used to

demonstrate that an owner or operator

may use engineering assessment to

estimate emissions for a batch emission

episode, as specified in

§ 63.1413(d)(6)(iii)(A).

(f) Periodic Reports. For existing and

new affected sources, each owner or

operator shall submit Periodic Reports

as specified in paragraph (f)(1) of this

section. In addition, for equipment leaks

subject to § 63.1410, the owner or

operator shall submit the information

specified in 40 CFR part 63, subpart UU,

and for heat exchange systems subject to

§ 63.1409, the owner or operator shall

submit the information specified in

§ 63.1409. Section 63.1415 shall govern

the use of monitoring data to determine

compliance for emissions points

required to apply controls by the

provisions of this subpart.

(1) Except as specified in paragraph

(f)(12) of this section, a report

containing the information in paragraph

(f)(2) of this section or containing the

information in paragraphs (f)(3) through

(11) of this section, as appropriate, shall

be submitted semiannually no later than

60 days after the end of each 180 day

period. The first report shall be

submitted no later than 240 days after

the date the Notification of Compliance

Status is due and shall cover the 6-

month period beginning on the date the

Notification of Compliance Status is

due. Subsequent reports shall cover

each preceding 6-month period.

(2) If none of the compliance

exceptions specified in paragraphs (f)(3)

through (11) of this section occurred

during the 6-month period, the Periodic

Report required by paragraph (f)(1) of

this section shall be a statement that the

affected source was in compliance for

the preceding 6-month period and no

activities specified in paragraphs (f)(3)

through (11) of this section occurred

during the preceding 6-month period.

(3) For an owner or operator of an

affected source complying with the

provisions of §§ 63.1404 through

63.1409 for any emission point, Periodic

Reports shall include:

(i) All information specified in 40

CFR part 63, subpart WW and subpart

SS for storage vessels; 40 CFR part 63,

subpart SS for continuous process vents;

§ 63.1416(d)(3)(ii) for batch process

vents; and § 63.1416(e) for aggregate

batch vent stream.

(ii) The daily average values, batch

cycle daily average values, or block

average values of monitored parameters

for deviations, as specified in

§ 63.1413(h), of operating parameters. In

addition, the periods and duration of

periods when monitoring data were not

collected shall be specified.

(4) Notification if one or more

emission point(s) or one or more APPU

is added to an affected source. The

owner or operator shall submit the

following information:

(i) A description of the addition to the

affected source;

(ii) Notification of applicability status

(i.e., does the emission point require

control) of the additional emission

point, if appropriate, or notification of

all emission points in the added APPU.

(5) If there is a deviation from the

mass emission limit specified in

§ 63.1406(a)(1)(iii) or (a)(2)(iii),

§ 63.1407(b)(2), or § 63.1408(b)(2), the

following information, as appropriate,

shall be included:

(i) The cumulative average monthly

emission rate or the 12-month rolling

average monthly emission rate, as

appropriate.

(ii) The individual monthly emission

rate data points making up the

cumulative average monthly emission

rate or the 12-month rolling average

monthly emission rate, as appropriate.

(iii) If an owner or operator is

demonstrating compliance using the

procedures in § 63.1413(e)(2)(ii), the

monthly value of the site-specific

emission limit.

(6) If any performance tests are

reported in a Periodic Report, the

following information shall be included:

(i) One complete test report shall be

submitted for each test method used for

a particular kind of emission point

tested. A complete test report shall

contain the information specified in

paragraph (e)(1)(ii) of this section.

(ii) For additional tests performed for

the same kind of emission point using

the same method, results and any other

information required shall be submitted,

but a complete test report is not

required.

(7) The Periodic Report shall include

the results for each change made to a

primary product determination for

amino/phenolic resins made under

§ 63.1400(g).

(8) The Periodic Report shall include

the results for each change made to a

predominant use determination for a

storage vessel belonging to an affected

source subject to this subpart that is

made under § 63.1400(h)(6).

(9) If an owner or operator invokes the

delay of repair provisions for a heat

exchange system, the following

information shall be submitted, as

appropriate. If the leak remains

unrepaired, the information shall also

be submitted in each subsequent

periodic report until repair of the leak

is reported.

(i) The presence of the leak and the

date that the leak was detected.

(ii) Whether or not the leak has been

repaired. If the leak is repaired, the date

the leak was successfully repaired. If the

leak remains unrepaired, the expected

date of repair.

(iii) The reason(s) for delay of repair.

If delay of repair is invoked due to the

reasons described in § 63.1409(e)(2),

documentation of emissions estimates

shall be included.

(10) Notification that the owner or

operator has elected to comply with

§ 63.1416(h), Reduced Recordkeeping

Program.

(11) Notification that the owner or

operator has elected to not retain the

daily average, batch cycle daily average,

or block average values, as appropriate,

as specified in § 63.1416(h)(2)(i).

(12) The owner or operator of an

affected source shall submit quarterly

reports for particular emission points as

specified in paragraphs (f)(12)(i) through

(iv) of this section.

(i) The owner or operator of an

affected source shall submit quarterly

reports for a period of 1 year for an

emission point if the Administrator

requests the owner or operator to submit

quarterly reports for the emission point.

(ii) The quarterly reports shall include

all information specified in paragraphs

(f)(3) through (11) of this section

applicable to the emission point for

which quarterly reporting is required

under paragraph (f)(12)(i) of this section.

Information applicable to other

emission points within the affected

source shall be submitted in the

semiannual reports required under

paragraph (f)(1) of this section.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3323

(iii) Quarterly reports shall be

submitted no later than 60 days after the

end of each quarter.

(iv) After quarterly reports have been

submitted for an emission point for 1

year, the owner or operator may return

to semiannual reporting for the emission

point unless the Administrator requests

the owner or operator to continue to

submit quarterly reports.

(g) Start-up, shutdown, and

malfunction reports. For the purposes of

this subpart, the semiannual start-up,

shutdown, and malfunction reports

shall be submitted on the same schedule

as the Periodic Reports required under

paragraph (f) of this section instead of

being submitted on the schedule

specified in § 63.10(d)(5)(i). Said reports

shall include the information specified

in § 63.1416(b)(1) and (2) and shall

contain the name, title, and signature of

the owner or operator or other

responsible official who is certifying its

accuracy.

(h) Other reports. Other reports shall

be submitted as specified in paragraphs

(h)(1) through (7) of this section.

(1) For storage vessels, the

notifications of inspections required by

40 CFR part 63, subpart WW shall be

submitted.

(2) A site-specific test plan shall be

submitted no later than 90 days before

the planned date for a performance test.

Unless the Administrator requests

changes to the site-specific test plan

within 45 days after its receipt, the sitespecific test plan shall be deemed

approved. The test plan shall include a

description of the planned test and

rationale for why the planned

performance test will provide adequate

and representative results for

demonstrating the performance of the

control device. If required by

§ 63.1413(e)(1) or § 63.1414(d)(5), the

test plan shall include an emission

profile and rationale for why the

selected test period is representative.

(3) The owner or operator shall notify

the Administrator of the intention to

conduct a performance test at least 30

days before the performance test is

scheduled in order to allow the

Administrator the opportunity to have

an observer present during the test. If

after 30 days notice for an initially

scheduled performance test, there is

delay (due to operational problems, etc.)

in conducting the scheduled

performance test, the owner or operator

of an affected source shall notify the

Administrator as soon as possible of any

delay in the original test date, either by

providing at least 7 days prior notice of

the rescheduled date of the performance

test, or by arranging a rescheduled date

with the Administrator by mutual

agreement.

(4) When the conditions of

§ 63.1400(g)(7) or the conditions of

§ 63.1400(g)(8) are met, notification of

changes to the primary product for an

APPU or process unit shall be

submitted. When a notification is made

in response to a change in the primary

product under § 63.1400(g)(7), rationale

for why it is anticipated that no amino/

phenolic resins will be produced in the

process unit in the future shall be

included.

(5) Owners or operators of APPU or

emission points (other than equipment

leak components subject to § 63.1410)

that are added to the affected source

under the provisions of § 63.1400(d)(2)

or (3) or under the provisions of

§ 63.5(b)(6) shall submit reports as

specified in paragraphs (h)(5)(i) through

(ii) of this section.

(i) Reports shall include:

(A) A description of the process

change or addition, as appropriate;

(B) The planned start-up date and the

appropriate compliance date; and

(C) Identification of the emission

points (except equipment leak

components subject to § 63.1410)

specified in paragraphs (h)(5)(i)(C)( 1)

through (3) of this section, as applicable.

(1 All the emission points in an added

APPU.

(2) All the emission points in an

affected source that becomes a new

affected source.

(3) All the added or created emission

points resulting from a process change.

(ii) If the owner or operator wishes to

request approval to use alternative

monitoring parameters, alternative

continuous monitoring or

recordkeeping, alternative controls,

engineering assessment to estimate

organic HAP emissions from a batch

emissions episode, or wishes to

establish parameter monitoring levels

according to the procedures contained

in § 63.1413(a)(1)(ii) or (ii), a

Precompliance Report shall be

submitted no later than 180 days prior

to the appropriate compliance date.

(6) The information specified in

paragraphs (h)(6)(i) and (ii) of this

section shall be submitted when a small

control device becomes a large control

device, as specified in

§ 63.1413(a)(1)(ii).

(i) Notification that a small control

device has become a large control

device and the site-specific test plan

shall be submitted within 60 days of the

date the small control device becomes a

large control device. The site-specific

test plan shall include the information

specified in paragraph (h)(2) of this

section. Approval of the site-specific

test plan shall follow paragraph (h)(2) of

this section.

(ii) Results of the performance test

required by § 63.1413(a)(1)(ii) shall be

submitted within 150 days of the date

the small control device becomes a large

control device.

(7) Whenever a continuous process

vent becomes subject to control

requirements under 40 CFR part 63,

subpart SS, as a result of a process

change, the owner or operator shall

submit a report within 60 days after the

performance test or applicability

assessment, whichever is sooner. The

report may be submitted as part of the

next Periodic Report required by

paragraph (f) of this section.

(i) The report shall include the

following information:

(A) A description of the process

change;

(B) The results of the recalculation of

the organic HAP concentration,

volumetric flow rate, and or TRE index

value required under § 63.1412 and

recorded under § 63.1416(f).

(C) A statement that the owner or

operator will comply with the

requirements specified in § 63.1405.

(ii) If a performance test is required as

a result of a process change, the owner

or operator shall specify that the

performance test has become necessary

due to a process change. This

specification shall be made in the

performance test notification to the

Administrator, as specified in paragraph

(h)(3) of this section.

(iii) If a process change does not result

in additional applicable requirements,

then the owner or operator shall include

a statement documenting this in the

next Periodic Report required by

paragraph (f) of this section.

(i) Operating permit application. An

owner or operator who submits an

operating permit application instead of

a Precompliance Report shall submit the

information specified in paragraph (d)

of this section, Precompliance Report, as

applicable.

(j) Alternative monitoring parameters.

The owner or operator who has been

directed by any section of this subpart

or any section of another subpart

referenced by this subpart that expressly

referenced this paragraph (j) to set

unique monitoring parameters, or who

requests approval to monitor a different

parameter than those specified in

§ 63.1415(b), shall submit the

information specified in paragraphs

(j)(1) through (3) of this section in the

Precompliance Report, as required by

paragraph (d) of this section.

(1) The required information shall

include a description of the parameter(s)

to be monitored to ensure the recovery

3324 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

device, control device, or control

technology is operated in conformance

with its design and achieves the

specified emission limit or percent

reduction and an explanation of the

criteria used to select the parameter(s).

(2) The required information shall

include a description of the methods

and procedures that will be used to

demonstrate that the parameter

indicates proper operation, the schedule

for this demonstration, and a statement

that the owner or operator will establish

a level for the monitored parameter as

part of the Notification of Compliance

Status report required in paragraph (e)

of this section, unless this information

has already been included in the

operating permit application.

(3) The required information shall

include a description of the proposed

monitoring, recordkeeping, and

reporting system to include the

frequency and content of monitoring,

recordkeeping, and reporting. Further,

the rationale for the proposed

monitoring, recordkeeping, and

reporting system shall be included if

either condition in paragraph (j)(3)(i) or

(ii) of this section is met:

(i) If monitoring and recordkeeping is

not continuous; or

(ii) If reports of daily average values

will not be included in Periodic Reports

when the monitored parameter value is

above the maximum level or below the

minimum level as established in the

operating permit or the Notification of

Compliance Status.

(k) Alternative continuous monitoring.

An owner or operator choosing not to

implement the monitoring provisions

specified in § 63.1415 for storage

vessels, continuous process vents, batch

process vents, or aggregate batch vent

streams may instead request approval to

use alternative continuous monitoring

provisions according to the procedures

specified in paragraphs (k)(1) through

(4) of this section. Requests shall be

submitted in the Precompliance Report

as specified in paragraph (d)(4) of this

section if not already included in the

operating permit application and shall

contain the information specified in

paragraphs (k)(2)(i) and (ii) of this

section, as applicable.

(1) The provisions in § 63.8(f)(5)(i)

shall govern the review and approval of

requests.

(2) An owner or operator of an

affected source that does not have an

automated monitoring and recording

system capable of measuring parameter

values at least once every 15 minutes

and that does not generate continuous

records may request approval to use a

nonautomated system with less frequent

monitoring in accordance with

paragraphs (k)(2)(i) and (ii) of this

section.

(i) The requested system shall include

manual reading and recording of the

value of the relevant operating

parameter no less frequently than once

per hour. Daily average (or batch cycle

daily average) values shall be calculated

from these hourly values and recorded.

(ii) The request shall contain:

(A) A description of the planned

monitoring and recordkeeping system;

(B) Documentation that the affected

source does not have an automated

monitoring and recording system;

(C) Justification for requesting an

alternative monitoring and

recordkeeping system; and

(D) Demonstration to the

Administrator’s satisfaction that the

proposed monitoring frequency is

sufficient to represent control or

recovery device operating conditions,

considering typical variability of the

specific process and control or recovery

device operating parameter being

monitored.

(3) An owner or operator may request

approval to use an automated data

compression recording system that does

not record monitored operating

parameter values at a set frequency (for

example, once every 15 minutes) but

records all values that meet set criteria

for variation from previously recorded

values, in accordance with paragraphs

(k)(3)(i) and (ii) of this section.

(i) The requested system shall be

designed to:

(A) Measure the operating parameter

value at least once every 15 minutes;

(B) Except for the monitoring of batch

process vents, calculate hourly average

values each hour during periods of

operation;

(C) Record the date and time when

monitors are turned off or on;

(D) Recognize unchanging data that

may indicate the monitor is not

functioning properly, alert the operator,

and record the incident;

(E) Calculate daily average, batch

cycle daily average, or block average

values of the monitored operating

parameter based on all measured data;

and

(F) If the daily average is not a

deviation, as defined in § 63.1413(h),

from the operating parameter, the data

for that operating day may be converted

to hourly average values, and the four or

more individual records for each hour

in the operating day may be discarded.

(ii) The request shall contain:

(A) A description of the monitoring

system and data compression recording

system, including the criteria used to

determine which monitored values are

recorded and retained;

(B) The method for calculating daily

averages and batch cycle daily averages;

and

(C) A demonstration that the system

meets all criteria in paragraph (k)(3)(i) of

this section.

(4) An owner or operator may request

approval to use other alternative

monitoring systems according to the

procedures specified in § 63.8(f)(4).

§ 63.1418 [Reserved]

§ 63.1419 Delegation of authority.

(a) This regulation can be

administered by the US EPA, or a

delegated authority such as a State,

local, or tribal agency. If the US EPA

Administrator has delegated this

regulation to a State, local, or tribal

agency, then that agency has the

authority to administer and enforce this

regulation. To find out if this regulation

is delegated to a State, local, or tribal

agency, contact the appropriate EPA

Regional Office.

(b) In delegating implementation and

enforcement authority of this regulation

to a State, local, or tribal agency under

section 40 CFR part 63, subpart E, the

authorities contained in paragraph (c) of

this section are retained by the

Administrator of US EPA and are not

transferred to the State, local, or tribal

agency.

(c) The authorities that will not be

delegated to State, local, or tribal

agencies are as follows.

(1) Approval of alternatives to the

non-opacity emission standards in

§ 63.1403 through § 63.1410; § 63.1022

through § 63.1034, § 63.1062,

§ 63.1063(a) and (b), and § 63.1064

under § 63.6(h)(9).

(2) Approval of major alternatives to

test methods under § 63.997 and

§ 63.1414 as defined in § 63.90.

(3) Approval of major alternatives to

monitoring under § 63.996 and

§ 63.1415 as defined in § 63.90.

(4) Approval of major alternatives to

recordkeeping and reporting under

§ 63.998, § 63.999, § 63.1038, § 63.1039,

§ 63.1065, § 63.1066, § 63.1416, and

§ 63.1417 as defined in § 63.90 of this

chapter.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3325

TABLE 1 TO SUBPART OOO OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART OOO AFFECTED

SOURCES

Reference Applies to subpart OOO Explanation

63.1(a)(1) ........................................... Yes ...................................... § 63.1402 specifies definitions in addition to or that supersede definitions

in § 63.2.

63.1(a)(2) ........................................... Yes.

63.1(a)(3) ........................................... Yes ...................................... § 63.1401(i) identifies those standards which overlap with the requirements

of subpart OOO of this part and specify how compliance shall be

achieved.

63.1(a)(4) ........................................... Yes ...................................... Subpart OOO (this table) specifies the applicability of each paragraph in

subpart A of this part.

63.1(a)(5) ........................................... No ....................................... [Reserved].

63.1(a)(6)–63.1(a)(8) .......................... Yes..

63.1(a)(9) ........................................... No ....................................... [Reserved].

63.1(a)(10) ......................................... Yes.

63.1(a)(11) ......................................... Yes.

63.1(a)(12)–63.1(a)(14) ...................... Yes.

63.1(b)(1) ........................................... No.

63.1(b)(2) ........................................... Yes.

63.1(b)(3) ........................................... No ....................................... § 63.1400(e) provides documentation requirements for APPUs not considered affected sources.

63.1(c)(1) ............................................ Yes ...................................... Subpart OOO (this table) specifies the applicability of each paragraph in

subpart A of this part.

63.1(c)(2) ............................................ No ....................................... Area sources are not subject to this subpart.

63.1(c)(3) ............................................ No ....................................... [Reserved].

63.1(c)(4) ............................................ Yes.

63.1(c)(5) ............................................ Yes ...................................... Except that affected sources are not required to submit notifications overridden by this table.

63.1(d) ................................................ No ....................................... [Reserved].

63.1(e) ................................................ Yes.

63.2 .................................................... Yes ...................................... § 63.1402 specifies the definitions from subpart A of this part that apply to

this subpart.

63.3 .................................................... Yes.

63.4(a)(1)–63.4(a)(3) .......................... Yes.

63.4(a)(4) ........................................... No ....................................... [Reserved].

63.4(a)(5) ........................................... Yes.

63.4(b) ................................................ Yes.

63.4(c) ................................................ Yes.

63.5(a)(1) ........................................... Yes ...................................... Except the terms ‘‘source’’ and ‘‘stationary source’’ should be interpreted

as having the same meaning as ‘‘affected source.’’

63.5(a)(2) ........................................... Yes.

63.5(b)(1) ........................................... Yes ...................................... Except § 63.1400(d) specifies when construction or reconstruction is subject to new source standards.

63.5(b)(2) ........................................... No ....................................... [Reserved].

63.5(b)(3) ........................................... Yes.

63.5(b)(4) ........................................... Yes ...................................... Except that the Initial Notification and § 63.9(b) requirements do not apply.

63.5(b)(5) ........................................... Yes.

63.5(b)(6) ........................................... Yes ...................................... Except that § 63.1400(d) specifies when construction or reconstruction is

subject to new source standards.

63.5(c) ................................................ No ....................................... [Reserved].

63.5(d)(1)(i) ........................................ Yes ...................................... Except that the references to the Initial Notification and § 63.9(b)(5) do not

apply.

63.5(d)(1)(ii) ....................................... Yes ...................................... Except that § 63.5(d)(1)(ii)(H) does not apply.

63.5(d)(1)(iii) ....................................... No ....................................... § 63.1417(e) specifies Notification of Compliance Status requirements.

63.5(d)(2) ........................................... No.

63.5(d)(3) ........................................... Yes ...................................... Except § 63.5(d)(3)(ii) does not apply, and equipment leaks subject to

§ 63.1410 are exempt.

63.5(d)(4) ........................................... Yes.

63.5(e) ................................................ Yes.

63.5(f)(1) ............................................ Yes.

63.5(f)(2) ............................................ Yes ..................................... Except that where § 63.9(b)(2) is referred to, the owner or operator need

not comply.

63.6(a) ................................................ Yes.

63.6(b)(1) ........................................... Yes.

63.6(b)(2) ........................................... Yes.

63.6(b)(3) ........................................... Yes.

63.6(b)(4) ........................................... Yes.

63.6(b)(5) ........................................... Yes.

63.6(b)(6) ........................................... No ....................................... [Reserved].

63.6(b)(7) ........................................... No.

63.6(c)(1) ............................................ Yes ...................................... Except that § 63.1401 specifies the compliance date.

63.6(c)(2) ............................................ No.

63.6(c)(3) ............................................ No ....................................... [Reserved].

63.6(c)(4) ............................................ No ....................................... [Reserved].

3326 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

TABLE 1 TO SUBPART OOO OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART OOO AFFECTED

SOURCES—Continued

Reference Applies to subpart OOO Explanation

63.6(c)(5) ............................................ Yes.

63.6(d) ................................................ No ....................................... [Reserved].

63.6(e) ................................................ Yes ...................................... Except as otherwise specified in this table, § 63.6(e) does not apply to

emission points that do not require control under this subpart.a

63.6(e)(1)(i) ........................................ No ....................................... This is addressed by § 63.1400(k)(4).

63.6(e)(1)(ii) ....................................... Yes.

63.6(e)(1)(iii) ....................................... Yes.

63.6(e)(2) ........................................... Yes.

63.6(e)(3)(i) ........................................ Yes ...................................... For equipment leaks (subject to § 63.1410), the start-up, shutdown, and

malfunction plan requirement of § 63.6(e)(3)(i) is limited to control devices and is optional for other equipment. The start-up, shutdown, malfunction plan may include written procedures that identify conditions that

justify a delay of repair.

63.6(e)(3)(i)(A) ................................... No ....................................... This is addressed by § 63.1400(k)(4).

63.6(e)(3)(i)(B) ................................... Yes.

63.6(e)(3)(i)(C) ................................... Yes.

63.6(e)(3)(ii) ....................................... Yes.

63.6(e)(3)(iii) ....................................... No ....................................... Recordkeeping and reporting are specified in §§ 63.1416 and 63.1417.

63.6(e)(3)(iv) ...................................... No ....................................... Recordkeeping and reporting are specified in §§ 63.1416 and 63.1417.

63.6(e)(3)(v) ....................................... Yes.

63.6(e)(3)(vi) ...................................... Yes.

63.6(e)(3)(vii) ...................................... Yes.

63.6(e)(3)(vii) (A) ................................ Yes.

63.6(e)(3)(vii) (B) ................................ Yes ...................................... Except the plan shall provide for operation in compliance with

§ 63.1400(k)(4).

63.6(e)(3)(vii) (C) ............................... Yes.

63.6(e)(3)(viii) ..................................... Yes.

63.6(f)(1) ............................................ Yes.

63.6(f)(2) ............................................ Yes ..................................... Except § 63.7(c), as referred to in § 63.6(f)(2)(iii)(D), does not apply, and

except that § 63.6(f)(2)(ii) does not apply to equipment leaks subject to

§ 63.1410.

63.6(f)(3) ............................................ Yes.

63.6(g) ................................................ Yes.

63.6(h) ................................................ No ....................................... This subpart OOO does not require opacity and visible emission standards.

63.6(i)(1) ............................................. Yes.

63.6(i)(2) ............................................. Yes.

63.6(i)(3) ............................................. Yes.

63.6(i)(4)(i)(A) ..................................... Yes.

63.6(i)(4)(i)(B) ..................................... No ....................................... Dates are specified in §§ 63.1401(e) and 63.1417(d)(1).

63.6(i)(4)(ii) ......................................... No.

63.6(i)(5)–(14) .................................... Yes.

63.6(i)(15) ........................................... No ....................................... [Reserved].

63.6(i)(16) ........................................... Yes.

63.6(j) ................................................. Yes.

63.7(a)(1) ........................................... Yes.

63.7(a)(2) ........................................... No ....................................... § 63.1417(e) specifies the submittal dates of performance test results for

all emission points except equipment leaks; for equipment leaks, compliance demonstration results are reported in the Periodic Reports.

63.7(a)(3) ........................................... Yes.

63.7(b) ................................................ No ....................................... § 63.1417 specifies notification requirements.

63.7(c) ................................................ No.

63.7(d) ................................................ Yes.

63.7(e)(1) ........................................... Yes ...................................... Except that all performance tests shall be conducted at maximum representative operating conditions achievable at the time without disruption of operations or damage to equipment.

63.7(e)(2) ........................................... Yes.

63.7(e)(3) ........................................... No ....................................... Subpart OOO specifies requirements.

63.7(e)(4) ........................................... Yes.

63.7(f) ................................................. Yes ...................................... Except that if a site specific test plan is not required, the notification deadline in § 63.7(f)(2)(i) shall be 60 days prior to the performance test, and

in § 63.7(f)(3), approval or disapproval of the alternative test method

shall not be tied to the site specific test plan.

63.7(g) ................................................ Yes ...................................... Except that the requirements in § 63.1417(e) shall apply instead of the references to the Notification of Compliance Status report in § 63.9(h). In

addition, equipment leaks subject to § 63.1410 are not required to conduct performance tests.

63.7(h) ................................................ Yes ...................................... Except § 63.7(h)(4)(ii) may not be applicable, if the site-specific test plan in

§ 63.7(c)(2) is not required.

63.8(a)(1) ........................................... Yes.

63.8(a)(2) ........................................... No.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3327

TABLE 1 TO SUBPART OOO OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART OOO AFFECTED

SOURCES—Continued

Reference Applies to subpart OOO Explanation

63.8(a)(3) ........................................... No ....................................... [Reserved].

63.8(a)(4) ........................................... Yes.

63.8(b)(1) ........................................... Yes.

63.8(b)(2) ........................................... No ....................................... Subpart OOO specifies locations to conduct monitoring.

63.8(b)(3) ........................................... Yes.

63.8(c)(1) ............................................ Yes.

63.8(c)(1)(i) ........................................ Yes.

63.8(c)(1)(ii) ........................................ No ....................................... For all emission points except equipment leaks, comply with

§ 63.1416(b)(2); for equipment leaks, comply with requirements in 40

CFR part 63, subpart UU.

63.8(c)(1)(iii) ....................................... Yes.

63.8(c)(2) ............................................ Yes.

63.8(c)(3) ............................................ Yes.

63.8(c)(4) ............................................ No ....................................... § 63.1415 specifies monitoring frequency; not applicable to equipment

leaks because § 63.1410 does not require continuous monitoring systems.

63.8(c)(5)–63.8(c)(8) .......................... No.

63.8(d) ................................................ No.

63.8(e) ................................................ No.

63.8(f)(1)–63.8(f)(3) ............................ Yes.

63.8(f)(4)(i) ......................................... No ....................................... Timeframe for submitting request is specified in § 63.1417 (j) or (k); not

applicable to equipment leaks because § 63.1410 (through reference to

40 CFR part 63, subpart UU) specifies acceptable alternative methods.

63.8(f)(4)(ii) ........................................ No ....................................... Contents of request are specified in § 63.1417(j) or (k).

63.8(f)(4)(iii) ........................................ No.

63.8(f)(5)(i) ......................................... Yes.

63.8(f)(5)(ii) ........................................ No.

63.8(f)(5)(iii) ........................................ Yes.

63.8(f)(6) ............................................ No ....................................... Subpart OOO does not require continuous emission monitors.

63.8(g) ................................................ No ....................................... Data reduction procedures specified in § 63.1416(a) and (h); not applicable

to equipment leaks.

63.9(a) ................................................ Yes.

63.9(b) ................................................ No ....................................... Subpart OOO does not require an initial notification.

63.9(c) ................................................ Yes.

63.9(d) ................................................ Yes.

63.9(e) ................................................ No ....................................... § 63.1417 specifies notification deadlines.

63.9(f) ................................................. No ....................................... Subpart OOO does not require opacity and visible emission standards.

63.9(g) ................................................ No.

63.9(h) ................................................ No ....................................... § 63.1417(e) specifies Notification of Compliance Status requirements.

63.9(i) ................................................. Yes.

63.9(j) ................................................. No.

63.10(a) .............................................. Yes.

63.10(b)(1) ......................................... No ....................................... § 63.1416(a) specifies record retention requirements.

63.10(b)(2) ......................................... No ....................................... Subpart OOO specifies recordkeeping requirements.

63.10(b)(3) ......................................... No ....................................... § 63.1400(e) requires documentation of sources that are not affected

sources.

63.10(c) .............................................. No ....................................... § 63.1416 specifies recordkeeping requirements.

63.10(d)(1) ......................................... Yes.

63.10(d)(2) ......................................... No ....................................... § 63.1417 specifies performance test reporting requirements; not applicable to equipment leaks.

63.10(d)(3) ......................................... No ....................................... Subpart OOO does not require opacity and visible emission standards.

63.10(d)(4) ......................................... Yes.

63.10(d)(5) ......................................... Yes ...................................... Except that reports required by § 63.10(d)(5)(i) may be submitted at the

same time as Periodic Reports specified in § 63.1417(f). The start-up,

shutdown, and malfunction plan, and any records or reports of start-up,

shutdown, and malfunction do not apply to emission points that do not

require control under this subpart.

63.10(e) .............................................. No ....................................... § 63.1417 specifies reporting requirements.

63.10(f) ............................................... Yes.

63.11 .................................................. Yes ..................................... Except that instead of § 63.11(b), § 63.1413(g) shall apply.

63.12 .................................................. Yes.

63.13–63.15 ....................................... Yes.

aThe plan and any records or reports of start-up, shutdown, and malfunction do not apply to emission points that do not require control under

this subpart.

3328 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

TABLE 2 TO SUBPART OOO OF PART 63—KNOWN ORGANIC HAZARDOUS AIR POLLUTANTS (HAP) FROM THE

MANUFACTURE OF AMINO/PHENOLIC RESINS

Organic HAP CAS Number

Organic HAP subject to cooling tower

monitoring requirements in § 63.1409

(Yes/No)

Column A Column B

Acrylamide .................................................................................................................. 79–06–1 ........ No ........................... No

Aniline ......................................................................................................................... 62–53–3 ........ Yes ......................... No

Biphenyl ...................................................................................................................... 92–52–4 ........ Yes ......................... Yes

Cresol and cresylic acid (mixed) ................................................................................ 1319–77–3 .... Yes ......................... No

Cresol and cresylic acid (m-) ...................................................................................... 108–39–4 ...... Yes ......................... No

Cresol and cresylic acid (o-) ....................................................................................... 95–48–7 ........ Yes ......................... No

Cresol and cresylic acid (p-) ....................................................................................... 106–44–5 ...... Yes ......................... No

Diethanolamine ........................................................................................................... 111–42–2 ...... No ........................... No

Dimethylformamide ..................................................................................................... 68–12–2 ........ No ........................... No

Ethylbenzene .............................................................................................................. 100–41–4 ...... Yes ......................... Yes

Ethylene glycol ............................................................................................................ 107–21–1 ...... No ........................... No

Formaldehyde ............................................................................................................. 50–00–0 ........ Yes ......................... No

Glycol ethers ............................................................................................................... 0 .................... No ........................... No

Methanol ..................................................................................................................... 67–56–1 ........ Yes ......................... Yes

Methyl ethyl ketone ..................................................................................................... 78–93–3 ........ Yes ......................... Yes

Methyl isobutyl ketone ................................................................................................ 108–10–1 ...... Yes ......................... Yes

Naphthalene ................................................................................................................ 91–20–3 ........ Yes ......................... Yes

Phenol ......................................................................................................................... 108–95–2 ...... Yes ......................... No

Styrene ........................................................................................................................ 100–42–5 ...... Yes ......................... Yes

Toluene ....................................................................................................................... 108–88–3 ...... No ........................... Yes

Xylenes (NOS) ............................................................................................................ 1330–20–7 .... Yes ......................... Yes

Xylene (m-) ................................................................................................................. 108–38–3 ...... Yes ......................... Yes

Xylene (o-) .................................................................................................................. 95–47–6 ........ Yes ......................... Yes

Xylene (p-) .................................................................................................................. 106–42–3 ...... Yes ......................... Yes

CAS No. = Chemical Abstract Registry Number.

TABLE 3 TO SUBPART OOO OF PART 63—BATCH PROCESS VENT MONITORING REQUIREMENTS

Control device Parameters to be monitored Frequency/recordkeeping requirements

Scrubber a ........................................................... pH of scrubber effluent, and ............................ Continuous records as specified in

§ 63.1416(d).b

Scrubber liquid and gas flow rates .................. Continuous records as specified in

§ 63.1416(d).b

Absorber a ........................................................... Exit temperature of the absorbing liquid, and Continuous records as specified in

§ 63.1416(d).b

Exit specific gravity for the absorbing liquid .... Continuous records as specified in

§ 63.1416(d).b

Condenser a ........................................................ Exit (product side) temperature ....................... Continuous records as specified in

§ 63.1416(d). a

Carbon adsorber a ............................................... Total regeneration steam flow or nitrogen

flow, or pressure (gauge or absolute) during

carbon bed regeneration cycle(s), and.

Record the total regeneration steam flow or

nitrogen flow, or pressure for each carbon

bed regeneration cycle.

Temperature of the carbon bed after regeneration and within 15 minutes of completing

any cooling cycle(s).

Record the temperature of the carbon bed

after each regeneration and within 15 minutes of completing any cooling cycle(s).

Thermal incinerator ............................................ Firebox temperature c ....................................... Continuous records as specified in

§ 63.1416(d).b

Catalytic incinerator ............................................ Temperature upstream and downstream of

the catalyst bed.

Continuous records as specified in

§ 63.1416(d).b

Boiler or process heater with a design heat

input capacity less than 44 megawatts and

where the batch process vents or aggregate

batch vent streams are not introduced with or

used as the primary fuel.

Firebox temperature c ....................................... Continuous records as specified in

§ 63.1416(d).b

Flare ................................................................... Presence of a flame at the pilot light ............... Hourly records of whether the monitor was

continuously operating during batch emission episodes, or portions thereof, selected

for control and whether a flame was continuously present at the pilot light during

said periods.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3329

TABLE 3 TO SUBPART OOO OF PART 63—BATCH PROCESS VENT MONITORING REQUIREMENTS—Continued

Control device Parameters to be monitored Frequency/recordkeeping requirements

All control devices .............................................. Diversion to the atmosphere from the control

device or.

Hourly records of whether the flow indicator

was operating during batch emission episodes, or portions thereof, selected for control and whether a diversion was detected

at any time during said periods as specified

in § 63.1416(d).

Monthly inspections of sealed valves .............. Records that monthly inspections were performed as specified in § 63.1416(d).

Scrubber, absorber, condenser, and carbon

adsorber (as an alternative to the requirements previously presented in this table).

Concentration level or reading indicated by an

organic monitoring device at the outlet of

the control device.

Continuous records as specified in

§ 63.1416(d).b

aAlternatively, these devices may comply with the organic monitoring device provisions listed at the end of this table.

b ‘‘Continuous records’’ is defined in § 63.111.

c Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat exchange is

encountered.

TABLE 4 TO SUBPART OOO OF PART 63—OPERATING PARAMETER LEVELS

Device Parameters to be monitored Established operating

parameter(s)

Scrubber ........................................................... pH of scrubber effluent; and scrubber liquid

and gas flow rates.

Minimum pH; and minimum liquid/gas ratio.

Absorber ........................................................... Exit temperature of the absorbing liquid; and

exit specific gravity of the absorbing liquid.

Maximum temperature; and maximum specific gravity.

Condenser ........................................................ Exit temperature .............................................. Maximum temperature.

Carbon absorber ............................................... Total regeneration steam or nitrogen flow, or

pressure (gauge or absolute) a during carbon bed regeneration cycle; and temperature of the carbon bed after regeneration

(and within 15 minutes of completing any

cooling cycle(s)).

Maximum flow or pressure; and maximum

temperature.

Thermal incinerator ........................................... Firebox temperature ........................................ Minimum temperature.

Catalytic incinerator .......................................... Temperature upstream and downstream of

the catalyst bed.

Minimum upstream temperature; and minimum temperature difference across the

catalyst bed.

Boiler or process heater ................................... Firebox temperature ........................................ Minimum temperature.

Other devices (or as an alternate to the requirements previously presented in this

table) b.

Organic HAP concentration level or reading

at outlet of device.

Maximum organic HAP concentration or reading.

a 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers.

b Concentration is measured instead of an operating parameter.

TABLE 5 TO SUBPART OOO OF PART 63—REPORTS REQUIRED BY THIS SUBPART

Reference Description of report Due date

§ 63.1400(j) and Subpart A of this

part.

Refer to Table 1 and Subpart A of

this part.

Refer to Subpart A of this part.

63.1417(d) ......................................... Precompliance Report ..................... Existing affected sources—12 months prior to the

compliance date. New affected sources—with application for approval of construction or reconstruction.

63.1417(e) ......................................... Notification of Compliance Status ... Within 150 days after the compliance date.

63.1417(f) .......................................... Periodic Reports .............................. Semiannually, no later than 60 days after the end of

each 6-month period. See § 63.1417(f)(1) for the

due date for the first report.

63.1417(f)(12) .................................... Quarterly reports upon request of

the administrator.

No later than 60 days after the end of each quarter.

63.1417(g) ......................................... Start-up, shutdown, and malfunction

reports.

Semiannually (same schedule as Periodic reports).

63.1417(h)(1) ..................................... Notification of storage vessel inspection.As specified in 40 CFR part 63, subpart WW.

63.1417(h)(2) ..................................... Site-specific test plan ....................... 90 days prior to planned date of test.

63.1417(h)(3) ..................................... Notification of planned performance

test.

30 days prior to planned date of test.

63.1417(h)(4) ..................................... Notification of change in primary

product.

As specified in § 63.1400 (g)(7) or (g)(8).

63.1417(h)(5) ..................................... Notification of added emission

points.

180 days prior to the appropriate compliance date.

3330 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

TABLE 5 TO SUBPART OOO OF PART 63—REPORTS REQUIRED BY THIS SUBPART—Continued

Reference Description of report Due date

63.1417(h)(6) ..................................... Notification that a small control device has been redesignated as a

large control device.

Within 60 days of the redesignation of control device

size.

63.1417(h)(7) ..................................... Notification of process change ........ Within 60 days after performance test or applicability

assessment, whichever is sooner.

a Note that the APPU remains subject to this subpart until the notification under § 63.1400(g)(7) is made.

TABLE 6 to Subpart OOO of Part 63—Coefficients for Total Resource Effectiveness a

Control device basis

Values of coefficients

ABC

Flare ......................................................................................................................................................... 5.276×10¥1 9.98×10¥2 2.096×10¥3

Thermal Incinerator 0 Percent Recovery ................................................................................................ 4.068×10¥1 1.71×10¥2 8.664×10¥3

Thermal Incinerator 70 Percent Recovery .............................................................................................. 6.868×10¥1 3.21×10¥3 3.546×10¥3

a Use according to procedures outlined in this section.

MJ/scm = MegaJoules per standard cubic meter.

scm/min = Standard cubic meters per minute.

[FR Doc. 00–1 Filed 1–19–00; 8:45 am]

BILLING CODE 6560–50–P