Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26491

Categorical Exclusion Determination

will be available in the docket for

inspection or copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Temporary Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A new temporary § 165.T–07–080 is

added to read as follows:

§ 165.T07–080 Security Zone; Vieques

Island, PR.

(a) Location. The following area is

established as a security zone: An area

of water and land measured from the

mean high water line on the naval

installation out to 3 nautical miles along

the east end of Vieques Island extending

from Santa Maria (18°09′29′′ N, 065°

25′23′′ W) due north 3 nautical miles to

position 18°12′29′′ N, 065°25′23′′ W,

then easterly around Vieques Island,

remaining three nautical miles from the

coast, to a point 3 nautical miles south

of the eastern edge of Puerto Mosquito

(18°02′34′′ N, 065°26′26′′ W) then due

north to the eastern edge of Puerto

Mosquito (18°05′34′′ N, 065°26′26′′ W),

including the rocks, cays, and small

islands within.

(b) Regulations.

(1) In accordance with the general

regulations in § 165.33 of this part:

(i) No person or vessel may enter or

remain in this zone without the

permission of the District Commander

or designated representatives,

(ii) All persons within this zone shall

obey any direction or order of the

District Commander or designated

representatives,

(iii) The District Commander or

designated representatives may take

possession and control of any vessel in

this zone,

(iv) The District Commander or

designated representatives may remove

any person, vessel, article or thing from

this zone,

(v) No person may board, or take or

place any article or thing on board, any

vessel in this zone without the

permission of the District Commander

or designated representatives; and,

(vi) No person may take or place any

article or thing upon any waterfront

facility in this security zone without the

permission of the District Commander

or designated representatives.

(2) The District Commander or

designated representatives may grant

permission for individual vessels to

enter or remain within this security

zone when permitted by operational

conditions and may place conditions

upon that permission. Vessels permitted

to enter or remain in this zone must

radio the patrol commander upon

entering and departing the zone.

(c) Enforcement. Vessels or persons

violating this section are subject to the

penalties set out in 50 U.S.C. 192 and

18 U.S.C. 3571:

(1) Seizure and forfeiture of the

vessel;

(2) A monetary penalty of not more

than $250,000; and

(3) Imprisonment for not more than 10

years.

(d) Dates. This section is effective

from 12:01 a.m. May 4, 2000 until 11:59

p.m. May 13, 2000.

(e) Authority. In addition to the

authority in part 165, this section is also

authorized under authority of Executive

Order 10173, as amended.

Dated: April 28, 2000.

G.W. Sutton,

Captain U.S. Coast Guard, Acting

Commander, Seventh Coast Guard District,

[FR Doc. 00–11511 Filed 5–4–00; 11:18 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 9 and 63

[AD–FRL–6585–5]

RIN 2060–AE86

National Emission Standards for

Hazardous Air Pollutants for Polyether

Polyols Production; Synthetic Organic

Chemical Manufacturing Industry;

Epoxy Resins Production and NonNylon Polyamides Production; and

Petroleum Refineries

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule and final rule.

SUMMARY: The EPA is taking direct final

action to amend the national emission

standards for hazardous air pollutants

(NESHAP) for Polyether Polyols

Production; Synthetic Organic Chemical

Manufacturing Industry (also known as

Hazardous Organic NESHAP, or HON);

Epoxy Resins Production and NonNylon Polyamides Production; and

Petroleum Refineries. For all four of

these NESHAP, this direct final rule

amends the definition of equipment

leaks to add the term ‘‘connectors’’ to

the list of equipment that is subject to

the equipment leak provisions in those

NESHAP.

The remainder of this direct final rule

corrects referencing errors and several

equations which contained printing

errors in the final NESHAP for Polyether

Polyols Production (hereafter referred to

as ‘‘subpart PPP’’). This direct final rule

amends the description of a process

change and the description of excess

emissions; the requirements pertaining

to submission of a request for extension

of a compliance date; the storage vessel

monitoring requirements; the definition

of the terms epoxide, polyether polyol,

and Group 2 wastewater stream; the

conditions required during performance

testing for batch process vents; which

compounds are considered to be organic

hazardous air pollutants (HAPs) for the

purposes of both the maintenance

wastewater and the process wastewater

requirements; the information

requirements for start-up, shutdown,

and malfunction reports; the dates on

which initial notifications are due; and

the reporting requirements for other

reports to clarify those requirements.

In addition to the direct final rule, in

compliance with the Paperwork

Reduction Act (PRA), EPA is amending

as a final rule the Office of Management

and Budget (OMB) approval table to list

the OMB control number issued under

the PRA for information collection

requirements for subpart PPP.

DATES: The amendments to 40 CFR part

9 are effective on May 8, 2000. The

direct final rule amendments to 40 CFR

part 63 are effective on July 7, 2000

without further notice, unless the EPA

receives adverse comments by June 7,

2000, or by June 22, 2000 if a public

hearing is requested. See the proposed

rule in this issue of the Federal Register

for information on the hearing. If we

receive such comments, and those

comments apply to an amendment,

paragraph, or section of this rule, and

that provision may be addressed

separately from the remainder of the

rule, we will withdraw only those

provisions on which we received

adverse comments. We will publish a

timely withdrawal in the Federal

Register indicating which provisions

will become effective on July 7, 2000

and which provisions are being

withdrawn.

ADDRESSES: Comments. Written

comments should be submitted (in

duplicate, if possible) to: Air and

Radiation Docket and Information

26492 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

Center (6102), Attention Docket

numbers A–90–20, A–92–37, A–93–48,

and/or A–96–38 (see docket section

below), Room M–1500, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460.

The EPA requests that a separate copy

also be sent to the contact person listed

below. Docket. Docket numbers A–90–

20 and (the HON); A–92–37 (Epoxy

Resins Production and Non-Nylon

Polyamides Production); A–93–48

(Petroleum Refineries); and A–96–38

(Polyether Polyols Production) contain

supporting information used in

developing the standards. The dockets

are located at the U.S. Environmental

Protection Agency, 401 M Street SW,

Washington, DC 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.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert E. Rosensteel, Organic Chemicals

Group, Emission Standards Division

(MD–13), Office of Air Quality Planning

and Standards, U.S. EPA, Research

Triangle Park, NC 27711, telephone

number (919) 541–5608, electronic mail

address: rosensteel.bob@epa.gov.

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 the case of judicial review.

(See section 307(d)(7)(A) of the Clean

Air Act (CAA).) An index for each

docket, as well as individual items

contained within the dockets, may be

obtained by calling (202) 260–7548 or

(202) 260–7549. A reasonable fee may

be charged for copying docket materials.

Docket indexes are also available by

facsimile, as described on the Office of

Air and Radiation, Docket and

Information Center Website at http://

www.epa.gov/airprogm/oar/docket/

faxlist.html. Comments. Comments and

data may be submitted by electronic

mail (e-mail) to: a-and-rdocket@epa.gov. Electronic comments

must be submitted as an ASCII file to

avoid the use of special characters and

encryption problems and will also be

accepted on disks in WordPerfect

version 5.1, 6.1 or Corel 8 file format.

All comments and data submitted in

electronic form must note the docket

numbers A–90–20, A–92–37, A–93–48,

and/or A–96–38. No confidential

business information (CBI) should be

submitted by e-mail. Electronic

comments may be filed online at many

Federal Depository Libraries.

Commenters wishing to submit

proprietary information for

consideration must clearly distinguish

such information from other comments

and clearly label it as CBI. Send

submissions containing such

proprietary information directly to the

following address, and not to the public

docket, to ensure that proprietary

information is not inadvertently placed

in the docket: Attention: Ms. Melva

Toomer, U.S. EPA, OAQPS Document

Control Officer, 411 W. Chapel Hill

Street, Room 944, Durham, NC 27711.

The EPA will disclose information

identified as CBI only to the extent

allowed by the procedures set forth in

40 CFR part 2. If no claim of

confidentiality accompanies a

submission when it is received by the

EPA, the information may be made

available to the public without further

notice to the commenter. World Wide

Web. In addition to being available in

the docket, an electronic copy of this

action is also available through the

World Wide Web (WWW). Following

signature, a copy of this action will be

posted on the EPA’s Technology

Transfer Network (TTN) policy and

guidance page for newly proposed or

promulgated rules at http://

www.epa.gov/ttn/oarpg. The TTN at

EPA’s web site 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.

Regulated Entities

Categories and entities potentially

affected by this action include:

Category

Standard Industrial

Classification

(SIC) codes

North American Industrial

Classification System

(NAICS) codes

Examples of regulated entities

Industry ............................... 2865 and 2869 ................... 325110, 325188, 325192,

325193, 325199, and

325120.

Synthetic organic chemical manufacturing industry

(SOCMI) units (e.g.,producers of benzene, toluene,

or any other chemical listed in table 1 of 40 CFR

part 63, subpart F).

Industry ............................... 2821 ................................... 325211 ............................... Epoxy resins and non-nylon polyamide resins.

Industry ............................... 2911 ................................... 324110 ............................... Petroleum refineries.

Industry ............................... 2843 and 2869 ................... 325199 and 325613 ........... Producers of polyether polyols and polyether

monools.

This table is not intended to be

exhaustive, but rather provides a guide

for readers likely to be interested in the

revisions to the regulations affected by

these rules. To determine whether your

facility is regulated by these rules, you

should carefully examine all of the

applicability criteria in 40 CFR part 63,

subparts F, W, CC, and PPP. If you have

any questions regarding the

applicability of these amendments to a

particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

Judicial Review. Under section

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

this direct final rule is available by

filing a petition for review in the U.S.

Court of Appeals for the District of

Columbia Circuit by September 5, 2000.

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

requirements that are the subject of this

direct final rule may not be challenged

later in civil or criminal proceedings

brought by the EPA to enforce these

requirements.

Also under section 307(b)(1) of the

CAA, judicial review of the final rule

amendment to part 9 in this action is

available by filing a petition for review

in the U.S. Court of Appeals for the

District of Columbia Circuit by July 7,

2000. Under section 307(b)(2) of the

CAA, the requirements that are the

subject of this final rule may not be

challenged later in civil or criminal

proceedings brought by the EPA to

enforce these requirements.

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26493

I. Why Are We Publishing These

Amendments as a Direct Final Rule?

In the direct final rule portion of this

action, we are correcting printing and

referencing errors. We are also revising

and slightly reorganizing certain

paragraphs, and we are making minor

amendments to certain definitions.

These changes provide clarification on a

variety of provisions ranging from

applicability to recordkeeping. In all

instances, we believe that these changes

have the potential to reduce the burden

on both owners and operators of

affected sources and on the State or

local agency implementing the rule,

although we are unable to quantify

reductions in hours for these

amendments. For these reasons, we

view these amendments as

noncontroversial and anticipate no

adverse comments, and we are

publishing these amendments in a

direct final rule.

If an adverse comment applies to an

amendment, paragraph, or section of

this direct final rule, and that provision

may be addressed separately from the

remainder of the rule, we will withdraw

only those provisions on which we

received adverse comments. In the

‘‘Proposed Rules’’ section of this

Federal Register, we are publishing a

separate document that will serve as the

proposal for any provisions in this

direct final rule on which we receive

adverse comments. The EPA will

publish a timely withdrawal in the

Federal Register indicating which

provisions will become effective and

which provisions are being withdrawn.

If part or all of this direct final rule is

withdrawn, all public comments

received will be addressed in a

subsequent final rule based on the

proposal in the ‘‘Proposed Rules’’

section of this Federal Register. We will

not institute a second comment period

on the subsequent final rule. Any

parties interested in commenting must

do so at this time. The nature of the

changes contained in this direct final

rule are such that it will benefit both

industry and the States for these

changes to become effective sooner,

rather than later, as will be described in

more detail below.

II. What Amendments Are We Making

To Reflect OMB Approval of the

Information Collection Request (ICR)

for the NESHAP for Polyether Polyols

Production?

This final rule amends the table of

currently approved Information

Collection Request (ICR) control

numbers issued by OMB. This final rule

updates the table to list those

information requirements promulgated

under the NESHAP for Polyether

Polyols Production, which appeared in

the Federal Register on June 1, 1999 (64

FR 29420). The affected regulations are

codified at 40 CFR part 63, subpart PPP.

We will continue to present OMB

control numbers in a consolidated table

format to be codified in 40 CFR part 9

of the Agency’s regulations and in each

CFR volume containing EPA

regulations. The table lists the section

numbers with reporting and

recordkeeping requirements and the

current OMB control numbers. This

listing of the OMB control numbers and

their subsequent codification in the CFR

satisfy the requirements of the

Paperwork Reduction Act and OMB’s

implementing regulations at 5 CFR part

1320. The ICR itself was subject to

public notice and comment prior to

OMB’s approval of the ICR. Further,

because amendment of the table in part

9 is technical in nature, we believe that

another notice and comment period for

this amendment is unnecessary. For

these reasons, we believe that there is

good cause under the Administrative

Procedure Act (5 U.S.C. § 553(b) to

amend this table without prior notice

and comment.

III. What Amendments Are We Making

to the Equipment Leak Definition That

Affect Subparts F, W, CC, and PPP?

In these rules, we are amending the

definition of equipment leak in subparts

F, W, CC, and PPP of 40 CFR part 63.

In each of these NESHAP, the definition

of equipment leak listed several sources

from which emissions of organic HAP

constitute a leak. However,

‘‘connectors’’ are not included in the list

of sources of emissions that are

included in the definition of the term

equipment leak in any of those

NESHAP.

Affected sources subject to any of

those four subparts are required to

comply with the NESHAP for

equipment leaks (40 CFR part 63,

subpart H). In subpart H, § 63.169

contains standards for pumps, valves,

connectors, and agitators in heavy

liquid service; instrumentation systems;

and pressure relief devices in liquid

service. Section 63.174 (of 40 CFR part

63, subpart H) contains standards for

connectors in gas/vapor service and in

light liquid service. The fact that there

are specific provisions in subpart H

applicable to connectors clearly

demonstrates that we always intended

emissions from connectors to be

considered equipment leaks. In

addition, the definition of equipment in

§ 63.161 of subpart H includes

connectors, providing further evidence

that the definition of equipment leak

should include connectors. Therefore,

we are amending the definition of

equipment leak in subparts F, W, CC,

and PPP by adding the term ‘‘a

connector’’ to the list of equipment in

each of those definitions.

IV. What Amendments Are We Making

to Subpart PPP?

Although this action amends portions

of four separate subparts of 40 CFR part

63 (i.e., subparts F, W, CC, and PPP), the

primary focus of the amendments in this

action is subpart PPP, which was

promulgated on June 1, 1999 (64 FR

29420). This direct final rule contains

amendments and technical corrections

to the requirements in subpart PPP.

Several equations in the promulgated

version of subpart PPP were printed

incorrectly. This direct final rule

amends the erroneous symbols in

equations numbered 1, 2, 4, 5, 7, 10, and

13, to produce the originally intended

equations.

This direct final rule also corrects

references in several sections of subpart

PPP. References are being corrected in

this direct final rule in the following

paragraphs: § 63.1422(b);

§ 63.1426(d)(3)(ii); § 63.1428(g)(3)(i);

§ 63.1430(e)(1)(vi) and (vii); § 63.1432(h)

and (l); § 63.1433(a)(5), (7), and (8);

§ 63.1435(c); § 63.1439(e)(5)(iv) and

(e)(7)(ii), and in the definition of Group

2 wastewater stream.

Two terms which are used in subpart

PPP but were not defined in the final

rule were added to the list in

§ 63.1423(a) that incorporates the

definitions from other subparts.

Specifically, oil-water separator or

organic-water separator and responsible

official were added to the list and their

definitions in subparts G and A,

respectively, were referenced.

In addition, the June 1, 1999 final rule

contained references to 40 CFR part 63,

subpart I in both §§ 63.1422(h) and

63.1434(c). This was an error because

subpart I does not apply to polyether

polyols producers. Therefore, both

§§ 63.1422(h) and 63.1434(c) are

removed and reserved in this direct

final rule.

The provisions in § 63.1420(g) specify

how changes or additions to plant sites

impact whether an affected source is a

new affected source or an existing

affected source. Paragraph (g)(2) in

§ 63.1420 addresses adding emission

points or making process changes to an

existing affected source. The provisions

in § 63.1420(g)(2)(i) specify that a

process change or addition to an

existing affected source that meets the

definition of reconstruction and that

occurred after September 4, 1997 causes

26494 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

the entire affected source to become a

new affected source. After promulgation

of subpart PPP, we realized that these

provisions were not consistent with our

reconstruction policy for 40 CFR part 63

standards, which is contained in the

general provisions for part 63 (40 CFR

part 63, subpart A). The general

provisions clearly distinguish between

‘‘replacements’’ and ‘‘additions.’’ The

definition of reconstruction in the

general provisions only addresses the

‘‘replacement’’ of equipment, while

§ 63.5(b)(6) of the general provisions

addresses additions. At promulgation,

these two concepts were combined in

the language for § 63.1420(g)(2)(i),

creating confusion and making the

subpart PPP requirements inconsistent

with the our general policy on

‘‘replacements’’ and ‘‘additions.’’

Therefore, in this direct final rule we are

revising the provisions in

§ 63.1420(g)(2) to clearly distinguish

how the replacement of components

should be handled by owners and

operators, and how the addition of new

components should be handled, with

respect to applicability to the new or

existing source requirements. In

summary, if the replacement of

components at an existing affected

source meets the definition of

reconstruction, then the affected source

becomes a new affected source. If an

addition is made to an existing affected

source, then the addition becomes part

of the existing affected source.

Paragraph (g)(3) in § 63.1420 describes

how to distinguish a process change

from a change that is not considered to

be a ‘‘process change,’’ according to the

40 CFR part 63, subpart PPP

requirements. We are amending

§ 63.1420(g)(3) by removing the last

phrase (which referred to the equipment

configuration and operating conditions

documented in the notification of

compliance status report required by

§ 63.1439(e)(5)), because not all

equipment configurations and operating

conditions are required to be reported in

the notification of compliance status

report. The phrase that was removed

implied that unless a configuration or

condition was described in the

notification of compliance status report,

equipment in that configuration or

condition would automatically be

considered to be a ‘‘process change.’’ It

was not our intent that every possible

equipment configuration or condition be

described in the notification of

compliance status report. In addition,

the phrase ‘‘changes that are not within

the equipment configuration’’ was

replaced with the phrase ‘‘changes that

do not alter the equipment

configuration,’’ for reasons similar to

those described above.

Paragraph (h) in § 63.1420 addresses

the applicability of subpart PPP during

periods of start-up, shutdown,

malfunction, or nonoperation.

Paragraph (h)(1) in § 63.1420 specifies

that the emission limitations in subpart

PPP do not apply during these periods.

However, paragraphs § 63.1420(h)(3)

and (4) contain requirements specific to

periods of start-up, shutdown, and

malfunction. Therefore, paragraph

§ 63.1420(h)(1) in the direct final rule

has been amended to indicate that the

emission limitations in the subpart do

not apply during periods of start-up,

shutdown, or malfunction, except as

provided in § 63.1420(h)(3) and (4).

Also, § 63.1420(h)(4) requires that you

must prevent or minimize excess

emissions during periods of start-up,

shutdown, and malfunction, and

provides a description of what

constitutes ‘‘excess emissions.’’ In these

direct final amendments, we are

changing this description from

‘‘emissions in excess of those that

would have occurred if there were no

start-up, shutdown, or malfunction,’’ to

‘‘emissions greater than those allowed

by the emission limitation which would

apply during operational periods other

than start-up, shutdown, and

malfunction.’’ We are making this

change because we believe that the new

wording is more consistent with our

original intent, which was that owners

or operators take steps to minimize

emissions during start-up, shutdown,

and malfunction. Further, we believe

the revision in this direct final rule is

clearer and more specific than the

promulgated language.

Paragraph (e) of § 63.1422 includes

the provisions for requesting a

compliance extension. In the

promulgated rule, this paragraph stated

that a request for compliance must be

submitted no later than 120 days prior

to the compliance dates specified in

paragraphs (b) through (d) of § 63.1422.

However, there are compliance dates

specified in other paragraphs of subpart

PPP. For instance, § 63.1420(g)(2)(i) of

this direct final requires that new

emission points comply with the

existing source requirements by 120

days after the day of initial start-up. We

intended that the compliance extension

provisions in § 63.1422(e) apply to these

other compliance dates, as well as to the

compliance dates in § 63.1420(b)

through (d). Therefore, this direct final

rule adds a phrase to make it clear that

you can request a compliance extension

for compliance dates that are specified

in sections of subpart PPP other than

§ 63.1420(b) through (d).

The promulgated definition of

epoxide in subpart PPP includes a

description of what an epoxide is (i.e.,

a chemical compound consisting of a

three-membered cyclic ether). The

definition also states that only

emissions of ethylene oxide and

propylene oxide are regulated under

subpart PPP. After promulgation of

subpart PPP, we became aware of

another epoxide, ‘‘epichlorohydrin,’’

that is used to make polyether polyols.

Under the promulgated definition of

epoxide, emissions of epichlorohydrin

would be exempt from control. This is

inconsistent with section 112(b), (c),

and (d) of the CAA. Therefore, we have

added epichlorohydrin to Table 4

(Known Organic HAP from Polyether

Polyols Products) and have amended

the definition of epoxide to include

epichlorohydrin in the list of epoxides

that are subject to the provisions of

subpart PPP.

In the promulgated NESHAP, the

definition of polyether polyol excludes

hydroxyethyl cellulose. At the time of

promulgation of subpart PPP, we

intended that this product, which meets

the basic criteria of a polyether polyol,

would be covered by the Miscellaneous

Cellulose NESHAP, which we are

currently developing. However, in the

development of the Miscellaneous

Cellulose NESHAP, we have become

aware of other cellulose ether products

that meet the definition of polyether

polyol. Therefore, in this direct final

rule we have revised the definition of

polyether polyol to exclude the entire

family of cellulose ethers, not just

hydroxyethyl cellulose.

The promulgated version of subpart

PPP requires compliance with the HON

requirements for storage vessels, with

the exceptions listed in § 63.1432.

Section 63.1432 requires that records of

all times when the storage tank is being

filled be kept, in addition to the records

required in § 63.123 of the HON. In this

direct final rule, we are making

clarifications to the rule at § 63.1432(q).

Our intent was that the requirement to

keep records of times when the storage

vessel is being filled should only apply

to storage vessels using a combustion,

recovery, or recapture device, where the

applicable monitoring plan does not

specify continuous monitoring. The

amended language in § 63.1432(q)

should make this distinction clear.

For the purposes of both the

maintenance wastewater and the

process wastewater requirements in

subpart PPP, we are amending

§ 63.1433(a)(1) and (2) and (b)(1), in

order to clarify which compounds are

considered ‘‘organic HAP.’’ The

language in § 63.1433(a)(1) is

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26495

inadequate, while the language in

§ 63.1433(a)(2) and § 63.1433(b)(1) is

unnecessarily complicated and difficult

to interpret. The amendments in this

direct final rule should make those

requirements much easier to follow.

This direct final rule also clarifies the

conditions required during performance

testing for process vents from batch unit

operations. Section 63.1426, paragraph

(c)(3)(i)(B), which contains requirements

specific to process vents from batch unit

operations, states that performance

testing may be conducted during either

absolute worst-case conditions or

hypothetical worst-case conditions.

However, § 63.1437(a)(1) which

contains general performance testing

requirements for all emission sources,

lists only absolute worst-case conditions

as an option for performance testing at

process vents from batch unit

operations. This direct final rule

corrects § 63.1437(a)(1) by revising that

paragraph to state that performance

testing at both absolute and hypothetical

worst-case conditions is acceptable for

process vents from batch unit

operations.

Additionally, this direct final rule

amends the information requirements

associated with start-up, shutdown, and

malfunction reports in

§ 63.1439(b)(1)(ii). The promulgated

NESHAP requires the start-up,

shutdown, and malfunction report to

include all of the information recorded

under § 63.1439(b)(1)(i)(A) through (B),

and to contain the name, title, and

signature of the owner or operator, or

other responsible official certifying the

report’s accuracy. However, this is a

good deal more information than is

required to be specified in the general

provisions in § 63.10(d)(5)(i). We have

decided that as long as the information

recorded under § 63.1439(b)(1)(i)(A)

through (B) is recorded, that information

need not be submitted to the

Administrator. Therefore, this direct

final rule references the start-up,

shutdown, and malfunction reporting

requirements in § 63.10(d)(5)(i) and no

longer includes such a long list of

information to report under

§ 63.1439(b)(1)(ii).

This direct final rule also removes the

requirement that existing sources

submit an Initial Notification report.

The promulgated rule lists two separate

due dates in different sections of the

rule for the Initial Notification report.

Section 63.1439, paragraph (e)(3)(ii)(A),

states that the due date for the Initial

Notification report for existing sources

is June 1, 2000, but Table 8 shows the

date as 120 days after June 1, 1999.

Neither of those two dates is

appropriate, in that the first date is too

soon after promulgation of subpart PPP,

while the other date is too late, since it

was after the due date of the

Notification of Compliance Status report

for equipment leaks (April 29, 2000, or

150 days after the December 1, 1999

compliance date). To be useful, the

Administrator (or the delegated

authorities) needs to receive the Initial

Notification report with sufficient time

to prepare for receipt of the Notification

of Compliance Status reports. Since this

direct final rule will not take effect until

after the date that the Notification of

Compliance Status report for equipment

leaks is due for existing sources, we do

not believe that the submittal of an

Initial Notification report is beneficial.

Therefore, we have removed all

requirements related to the Initial

Notification report for existing sources.

The specific changes are to

§ 63.1439(e)(3) and Table 8 of subpart

PPP.

This direct final rule also inserts some

introductory language pertinent to the

other reports that are due in

§ 63.1439(e)(7) and reorganizes and

renumbers the subsections of that

paragraph. We are amending Table 1 of

subpart PPP to clarify that although

§ 63.10(d)(5)(i) from the general

provisions applies to subpart PPP

affected sources, § 63.10(d)(5)(ii) (which

requires immediate start-up, shutdown,

or malfunction reports) does not.

V. What Are the Administrative

Requirements for These Rules?

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

OMB review 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, 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 these amendments are not a

‘‘significant regulatory action’’ because

they do not meet any of the above

criteria. Consequently, these rules were

not submitted to OMB for review under

Executive Order 12866.

B. 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

section 6 of 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 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 regulation.

This direct final rule does not have

federalism implications. It will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. Thus, the

requirements of section 6 of Executive

Order 13132 do not apply to this direct

final rule.

C. Executive Order 13084

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

26496 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

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.’’ These rules

do not significantly or uniquely affect

the communities of Indian tribal

governments. No tribal governments

own or operate an affected source.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to these rules.

D. Executive Order 13045

Executive Order 13045 (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

the EPA has reason to believe may have

a disproportionate effect on children. If

the regulatory action 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 Order has the potential to influence

the regulation. These rules fall into that

category only in part: the minimum rule

stringency for subpart PPP is set

according to a congressionallymandated, technology-based lower limit

called the ‘‘floor,’’ while a decision to

increase the stringency beyond this floor

can be based on risk considerations.

Thus, Executive Order 13045 applies to

these rules only to the extent that the

Agency may consider the inherent

toxicity of a regulated pollutant, and

any differential impact such a pollutant

may have on children’s health, in

deciding whether to adopt control

requirements more stringent than the

floor level in subpart PPP.

These rules are not subject to

Executive Order 13045 because they are

not economically significant as defined

in Executive Order 12866. No children’s

risk analysis was performed for these

rules because no alternative

technologies exist that would provide

greater stringency at a reasonable cost.

Therefore, the results of any such

analysis would have no impact on the

stringency decision.

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,

the EPA generally must prepare a

written statement, including a costbenefit analysis, for proposed and final

rules with ‘‘Federal mandates’’ that may

result in expenditures to 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 the EPA

to identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective, or least-burdensome

alternative that achieves the objectives

of the rule. The provisions of section

205 do not apply when they are

inconsistent with applicable law.

Moreover, section 205 allows the EPA to

adopt an alternative other than the leastcostly, most cost-effective, or leastburdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before the 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 these

rules do not contain a Federal mandate

that may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate, or

in the private sector in any 1 year. Thus,

today’s rules are not subject to the

requirements of sections 202 and 205 of

the UMRA. In addition, the EPA has

determined that these rules contain no

regulatory requirements that might

significantly or uniquely affect small

governments, because they contain no

requirements that apply to such

governments or impose obligations on

them. Therefore, today’s rules are not

subject to the requirements of section

203 of the UMRA.

F. Regulatory Flexibility Act (RFA), as

Amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 USC 601 et seq.

The RFA generally requires an agency

to prepare a regulatory flexibility

analysis of any rule subject to notice

and comment rulemaking requirements

under the Administrative Procedure Act

or any other statute unless the agency

certifies that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small organizations, and small

governmental jurisdictions.

For purposes of assessing the impacts

of this direct final on small entities,

small entity is defined as : (1) A small

business that has less than 750

employees and is unaffiliated with a

larger domestic entity; (2) a small

governmental jurisdiction that is a

government of a city, county, town,

school district or special district with a

population of less than 50,000; and (3)

a small organization that is any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.

After considering the economic

impacts of these rules on small entities,

we have concluded that these actions

will not have a significant economic

impact on a substantial number of small

entities. Consistent with Small Business

Administrative (SBA) size standards, a

polyether polyols production facility is

classified as a small entity if it has less

than 750 employees and is unaffiliated

with a larger domestic entity. On that

basis, 7 of the 36 polyether polyol

production facilities are classified as

small entities (i.e., having fewer than

750 employees). The EPA determined

that none of these seven small entities

will experience an increase in costs that

is greater than one percent of revenues,

as a result of these rules. This does not

qualify as a significant economic impact

on a substantial number of small

businesses.

G. Paperwork Reduction Act

The information collection

requirements in the final rule were

submitted for approval to OMB under

the Paperwork Reduction Act, 44 U.S.C.

3501 et seq. An Information Collection

Request (ICR) document has been

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26497

prepared by EPA (ICR No. 1811.01), but,

at promulgation, that ICR had not yet

been approved by OMB. However, since

promulgation the OMB has approved

the ICR, and this final rule amends the

table of currently approved ICR control

numbers issued by OMB and updates

the table to accurately display those

information requirements not

previously approved. The information

collection requirements that are made

effective by this action under OMB

control number 2060–0415 were

contained in ICR number 1811.01.

Today’s final rule will have no impact

on the information collection burden

estimates made previously. The direct

final amendments clarify the intent of

the subpart PPP and correct inadvertent

omissions and minor drafting errors.

Consequently, the ICR has not been

revised.

H. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Pub. L. 104–113,

(15 U.S.C. 272 note), directs all Federal

agencies to use voluntary consensus

standards instead of government-unique

standards in their regulatory activities

unless to do so would be inconsistent

with applicable law or would be

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., material specifications,

test method, sampling and analytical

procedures, business practices, etc.) that

are developed or adopted by one or

more voluntary consensus standards

bodies. Examples of organizations

generally regarded as voluntary

consensus standards bodies include the

American Society for Testing and

Materials (ASTM), the National Fire

Protection Association (NFPA), and the

Society of Automotive Engineers (SAE).

The NTTAA requires Federal agencies

like EPA to provide Congress, through

OMB, with explanations when the

Agency decides not to use available and

applicable voluntary consensus

standards.

During the rulemaking, the Agency

searched for voluntary consensus

standards that might be applicable. The

search has identified no applicable

voluntary standards. Accordingly, the

NTTAA requirement to use applicable

voluntary consensus standards does not

apply to these rules.

I. The Congressional Review Act

The Congressional Review Act, 5

U.S.C. § 801 et seq., as added by the

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing this rule and

other required information to the U.S.

Senate, the U.S. 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 action is not a

‘‘major rule’’ as defined by 5 U.S.C.

§ 804(2). This rule will be effective July

7, 2000.

List of Subjects

40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

40 CFR Part 63

Environmental protection, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements, Administrative practice

and procedure, Air pollution control.

Dated: April 20, 2000.

Carol M. Browner,

Administrator,

For the reasons set out in the

preamble, parts 9 and 63 of title 40,

chapter I of the Code of Federal

Regulations are amended as follows:

PART 9—[AMENDED]

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,

1321, 1326, 1330, 1342, 1344, 1345 (d) and

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,

1971–1975 Comp. p. 973; 42 U.S.C. 241,

242b, 243, 246, 300f, 300g, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5, 300g–6, 300j–1,

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,

6901–6992k, 7401–7671q, 7542, 9601–9657,

11023, 11048.

2. Section 9.1 is amended by adding

a new entry to the table in numerical

order to read as follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB

control no.

*****

National Emission Standards for Hazardous

Air Pollutants for Source Categories 3

*****

63.1420–63.1439 .................. 2060–0415

3The ICRs referenced in this section of the

table encompass the applicable general provisions contained in 40 CFR part 63, subpart A,

which are not independent information collection requirements.

* * * * *

PART 63—[AMENDED]

3. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

* * * * *

Subpart F—[AMENDED]

* * * * *

4. Section 63.101 is amended by

revising the definition of equipment

leak, to read as follows:

§ 63.101 Definitions.

* * * * *

Equipment leak means emissions of

organic hazardous air pollutants from a

connector, pump, compressor, agitator,

pressure relief device, sampling

connection system, open-ended valve or

line, valve, surge control vessel, bottoms

receiver, or instrumentation system in

organic hazardous air pollutant service

as defined in § 63.161.

* * * * *

Subpart W—[AMENDED]

5. Section 63.522 is amended by

revising the definition of equipment

leaks, to read as follows:

§ 63.522 Definitions.

* * * * *

Equipment leaks means emissions of

hazardous air pollutants from a

connector, pump, compressor, agitator,

pressure relief device, sampling

connection system, open-ended valve or

line, or instrumentation system in

organic hazardous air pollutant service.

* * * * *

Subpart CC—[AMENDED]

6. Section 63.641 is amended by

revising the definition of equipment

leak, to read as follows:

§ 63.641 Definitions.

* * * * *

26498 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

Equipment leak means emissions of

organic hazardous air pollutants from a

connector, pump, compressor, pressure

relief device, sampling connection

system, open-ended valve or line, valve,

or instrumentation system in organic

hazardous air pollutant service as

defined in this section. Vents from

wastewater collection and conveyance

systems (including, but not limited to

wastewater drains, sewer vents, and

sump drains), tank mixers, and sample

valves on storage tanks are not

equipment leaks.

* * * * *

Subpart PPP—[AMENDED]

* * * * *

7. Section 63.1420 is amended by:

a. Revising paragraph (e)(3)

introductory text;

b. Revising paragraph (e)(9);

c. Revising paragraph (g)(1)(i)

introductory text;

d. Revising paragraph (g)(2)

introductory text;

e. Revising paragraph (g)(2)(i)

introductory text;

f. Revising paragraph (g)(2)(i)(A);

g. Revising paragraph (g)(2)(ii);

h. Adding paragraph (g)(2)(iii);

i. Revising paragraph (g)(3);

j. Revising paragraph (g)(4);

k. Revising paragraph (h)(1); and

l. Revising paragraph (h)(4).

The revisions and additions read as

follows:

§ 63.1420 Applicability and designation of

affected sources.

* * * * *

(e) * * *

(3) Annual applicability

determination for non-PMPUs that have

produced a polyether polyol. Once per

year beginning June 1, 2004, the owner

or operator of each flexible operation

unit that is not designated as a PMPU,

but that has produced a polyether

polyol 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 the

evaluation described in paragraphs

(e)(3)(i) through (iii) of this section.

However, an owner or operator that

does not intend to produce any

elastomer product in the future, in

accordance with paragraph (e)(9) of this

section, is not required to perform the

evaluation described in paragraphs

(e)(3)(i) through (iii) of this section.

* * * * *

(9) PMPUs terminating production of

all polyether polyols. If a PMPU

terminates the production of all

polyether polyols, and the owner or

operator does not anticipate the

production of any polyether polyols in

the future in that PMPU, the process

unit is no longer a PMPU and is not

subject to this subpart after notification

is made to the Administrator. This

notification shall be accompanied by a

rationale for why it is anticipated that

no polyether polyols will be produced

in the process unit in the future.

* * * * *

(g) * * *

(1) * * *

(i) If a group of one or more PMPUs

is added to a plant site, the added group

of one or more PMPUs and their

associated equipment, as listed in

paragraph (a)(4) of this section, shall be

a new affected source and shall comply

with the requirements for a new affected

source in this subpart upon initial startup or by June 1, 1999, whichever is

later, if the added group of one or more

PMPUs meets the criteria specified in

paragraph (g)(1)(i)(A) of this section and

either meets the criteria in paragraph

(g)(1)(i)(B) or (C) of this section.

* * * * *

(2) Adding emission points or making

process changes to existing affected

sources. The provisions of paragraphs

(g)(2)(i), (ii), and (iii) of this section

apply to the owner or operator that adds

emission points or makes process

changes to an existing affected source.

(i) If any components are replaced at

an existing affected source such that the

criteria specified in paragraphs

(g)(2)(i)(A) and (B) of this section are

met, the entire affected source shall be

a new affected source and shall comply

with the requirements for a new affected

source upon initial start-up or by June

1, 1999, whichever is later.

(A) The replacement of components

meets the definition of reconstruction in

§ 63.1423(b). For purposes of

determining whether the fixed capital

cost of the new components exceeds 50

percent of the fixed capital cost that

would be required to construct an entire

affected source, the equivalent capital

cost shall be the entire potentially

affected source; and

* * * * *

(ii) If any components are replaced at

an existing affected source such that the

criteria specified in paragraphs

(g)(2)(i)(A) and (B) of this section are not

met and that replacement of

components creates one or more

emission points (i.e., either newly

created Group 1 emission points or

emission points that change from Group

2 to Group 1) or causes any other

emission point to be added (i.e., Group

2 emission points, heat exchange

systems subject to § 63.1435, or

equipment leak components subject

§ 63.1434), the resulting emission

point(s) shall be subject to the

applicable requirements for an existing

affected source. The resulting emission

point(s) shall be in compliance upon

initial start-up or by the appropriate

compliance date specified in § 63.1422

(i.e., December 1, 1999 for most

equipment leak components subject to

§ 63.1434, and June 1, 2002 for emission

points other than equipment leaks),

whichever is later.

(iii) If an addition or process change

(not including a process change that

solely replaces components) is made

that creates one or more Group 1

emission points (i.e., either newly

created Group 1 emission points or

emission points that change group

status from Group 2 to Group 1) or

causes any other emission point to be

added (i.e., Group 2 emission points,

heat exchange systems subject to

§ 63.1435, or equipment leak

components subject to § 63.1434), the

resulting emission point(s) shall be

subject to the applicable requirements

for an existing affected source. The

resulting emission point(s) shall be in

compliance by initial start-up or by the

appropriate compliance date specified

in § 63.1422 (i.e., December 1, 1999 for

most equipment leak components

subject to § 63.1434, and June 1, 2002

for emission points other than

equipment leaks), whichever is later.

(3) Determining what are and are not

process changes. For purposes of

paragraph (g) of this section, examples

of process changes include, but are not

limited to, additions in process

equipment resulting in changes in

production capacity; production of a

product outside the scope of the

compliance demonstration; or whenever

there is a replacement, removal, or

addition of recovery equipment. For

purposes of paragraph (g) of this section,

process changes do not include: process

upsets, unintentional temporary process

changes, and changes that do not alter

the equipment configuration and

operating conditions.

(4) Reporting requirements for owners

or operators that change or add to their

plant site or affected source. An owner

or operator that changes or adds to their

plant site or affected source, as

discussed in paragraphs (g)(1) and (g)(2)

of this section, shall submit a report as

specified in § 63.1439(e)(7)(iii).

(h) * * *

(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 nonoperation of the affected

source (or specific portion thereof)

resulting in cessation of the emissions to

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26499

which this subpart applies. These

emission limitations shall not apply

during periods of start-up, shutdown, or

malfunction, except as provided in

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

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 nonoperation 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

nonoperation. 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 the

storage tank provisions in § 63.1432.

Similarly, the degassing of a storage

vessel would not affect the ability of a

process vent to meet the emission

limitations for process vents in

§§ 63.1425 through 63.1430.

* * * * *

(4) During start-ups, shutdowns, and

malfunctions when the emission

limitations of this subpart do not apply

pursuant to paragraphs (h)(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 greater than those

allowed by the emissions limitation

which would apply during operational

periods other than start-up, shutdown,

and malfunction. 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. Use of back-up control

techniques is not required, but is

allowed, if available.

* * * * *

8. Section 63.1422 is amended by

revising paragraph (b), by revising

paragraph (e) introductory text, and

removing and reserving paragraph (h) as

follows:

§ 63.1422 Compliance dates and

relationship of this rule to existing

applicable rules.

* * * * *

(b) New affected sources that

commence construction or

reconstruction after September 4, 1997

shall be in compliance with this subpart

upon initial start-up or by June 1, 1999,

whichever is later.

* * * * *

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

the 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. Requests for

extensions shall be submitted no later

than 120 days prior to the compliance

dates specified in paragraphs (b)

through (d) of this section, or as

specified elsewhere in this subpart. The

dates specified in § 63.6(i) for submittal

of requests for extensions shall not

apply to this subpart.

* * * * *

(h) [Reserved]

9. Section 63.1423 is amended by

adding in alphabetical order the terms

oil-water separator or organic-water

separator and responsible official in

paragraph (a) and by revising the

definitions of epoxide, equipment leak,

Group 2 wastewater stream, and

polyether polyol in paragraph (b) as

follows:

§ 63.1423 Definitions.

(a) * * *

Oil-water separator or organic-water

separator (subpart G)

* * * * *

Responsible official (subpart A)

* * * * *

(b) * * *

Epoxide means a chemical compound

consisting of a three-membered cyclic

ether. Only emissions of epoxides listed

in Table 4 of this subpart (i.e., ethylene

oxide, propylene oxide, and

epichlorohydrin) are regulated by the

provisions of this subpart.

Equipment leak means emissions of

organic HAP from a connector, pump,

compressor, agitator, pressure relief

device, sampling connection system,

open-ended valve or line, valve, surge

control vessel, bottoms receiver, or

instrumentation system in organic HAP

service.

* * * * *

Group 2 wastewater stream means any

process wastewater stream at an existing

affected source or new affected source

that does not meet the definition (in this

section) of a Group 1 wastewater stream.

* * * * *

Polyether polyol means a compound

formed through the polymerization of

EO or PO or other cyclic ethers with

compounds having one or more reactive

hydrogens (i.e., a hydrogen atom

bonded to nitrogen, oxygen,

phosphorus, sulfur, etc.) to form

polyethers (i.e., compounds with two or

more ether bonds). This definition of

polyether polyol excludes cellulose

ethers (such as methyl cellulose,

carboxymethyl cellulose, hydroxyethyl

cellulose, hydroxy ethyl cellulose, and

hydroxypropyl methyl cellulose) and

materials regulated under 40 CFR part

63, subparts F, G, and H (the HON),

such as glycols and glycol ethers.

* * * * *

10. Section 63.1426 is amended by:

a. Revising Equation 1 (in paragraph

(c)(3)(i)(B)(3)(i));

b. Revising Equation 2 (in paragraph

(c)(3)(ii)(A));

c. Revising Equations 4 and 5 (in

paragraph (c)(5)(ii)(A));

d. Revising paragraph (d)(3)(ii); and

e. Revising Equation 7 in paragraph

(e)(1).

The revisions read as follows:

§ 63.1426 Process vent requirements for

determining organic HAP concentration,

control efficiency, and HAP emission

reduction for a PMPU.

* * * * *

(c) * * *

(3) * * *

(i) * * *

(B) * * *

(3) * * *

(i) * * *

E P MW

V t

R T

P

P P

i i Equation 1

i

n T

T j

j

m = × ( )( )

( )( ) ×

− ( ) =

=

∑

∑ 1

1

[ ]

26500 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

* * * * *

(ii) * * *

(A) * * *

C

C

x TOC Equation 2

ji

j

n

i

x

=











 =

=

∑

∑ 1

1

[ ]

* * * * *

(5) * * *

(ii) * * *

(A) * * *

E K C M Q Equation 4 i ij ij

j

n

= i











 =

2 ∑

1

[ ]

* * * * *

(d) * * *

E K CM Q o oj oj

j

n

= o











 =

2 ∑

1

(2) * * *

RED

E

E E

Equation 7 PMPU

unc

i

n

unc unc

j

m

i

n =

( ) 



 





( ) ( )

























∗ =

= =

∑

∑ ∑

,

, ,

[

 i i

 i j

R

100

+ 

] 1

1 1

100

(3) * * *

(ii) The owner or operator shall

determine the hourly uncontrolled

organic HAP emissions from each

process vent from a continuous unit

operation in accordance with paragraph

(c)(5)(ii) of this section, except that the

emission rate shall be determined at the

location specified in paragraph (d)(3)(i)

of this section.

* * * * *

11. Section 63.1427 is amended:

a. By revising paragraph (e)(1) and

Equation 10;

b. By revising Equation 13 in

paragraph (h);

c. By revising paragraph (j)(2)(iii); and

d. By removing and reserving

paragraph (j)(2)(iv).

The revisions read as follows:

§ 63.1427 Process vent requirements for

processes using extended cookout as an

epoxide emission reduction technique.

* * * * *

(e) * * *

(1) The owner or operator shall

determine the percent epoxide emission

reduction for the batch cycle using

Equation 10.

R

E E

R

E

R

E Equation 1 batchcycle

eu e

addon

e

addon

e

=

− ( ) − 



 



 − ( ) − 



 

































∗

, ,

,

,

,

,

[

 E

 i

 o

 j

 u

100 100

0]

1 1

100

Where:

Rbatchcycle = Epoxide emission reduction

for the batch cycle, percent.

Ee,E = Epoxide emissions at the end of

the ECO determined in accordance

with paragraph (d)(1) of this

section, kilograms.

Raddon,i = Control efficiency of

combustion, recovery, or recapture

device that is used to control

epoxide emissions after the ECO,

determined in accordance with the

provisions of § 63.1426(c), percent.

Ee,o = Epoxide emissions that occur

before the end of the ECO,

determined in accordance with the

provisions of § 63.1426(d),

kilograms.

Raddon,j = Control efficiency of

combustion, recovery, or recapture

device that is used to control

epoxide emissions that occur before

the end of the ECO, determined in

accordance with the provisions of

§ 63.1426(c), percent.

Ee,u = Uncontrolled epoxide emissions

determined in accordance with

paragraph (c)(1) of this section,

kilograms.

* * * * *

(h) * * *

Time P Time Equation 1 ( ) half AVG 1 2 20% − ( ) P T 3] half < [

Where:

Phalf1 = Half the total pressure of the

epoxide for product 1.

Time (Phalf1) = Time when the pressure

has fallen to half its total pressure

for product 1.

Phalf2 = Half the total pressure of the

epoxide for product 2.

Time (Phalf2) = Time when the pressure

has fallen to half its total pressure

for product 2.

TAVG = The average time to cookout to

the point where the epoxide

pressure is 25 percent of the

epoxide pressure at the end of the

feed step for products 1 and 2.

* * * * *

(j) * * *

(2) * * *

(iii) If a combustion, recovery, or

recapture device is used to reduce

emission in conjunction with ECO, the

owner or operator shall record the

information specified in § 63.1430(d)

and comply with the monitoring

provisions in § 63.1429.

* * * * *

12. Section 63.1428 is amended by

revising paragraph (g)(3)(i) as follows:

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26501

§ 63.1428 Process vent requirements for

group determination of PMPUs using a

nonepoxide organic HAP to make or modify

the product.

* * * * *

(g) * * *

(3) * * *

(i) If the redetermination described in

paragraph (g)(2) of this section indicates

that the group status of the combination

of process vents from batch unit

operations in a PMPU that are

associated with the use of nonepoxide

organic HAP to make or modify the

product changes from Group 2 to Group

1 as a result of the process change, the

owner or operator shall submit a report

as specified in § 63.1439(e)(6)(iii)(D)(1)

and shall comply with Group 1

combination of batch process vents

provisions in this subpart, as specified

in § 63.1425(c)(1).

* * * * *

13. Section 63.1430 is amended by

revising paragraphs (e)(1)(vi) and (vii) as

follows:

§ 63.1430 Process vent reporting and

recordkeeping requirements.

* * * * *

(e) * * *

(1) * * *

(vi) If the combination of all process

vents from batch unit operations

associated with the use of an organic

HAP to make or modify the product is

subject to the Group 1 batch process

vent control requirements for

nonepoxide HAP emissions from

making or modifying the product in

§ 63.1425((c)(1), none of the records in

paragraphs (e)(1)(i) through (v) of this

section are required.

(vii) If the total annual emissions from

the combination of process vents from

batch unit operations associated with

the use of an organic HAP to make or

modify the product are less than 11,800

kg per year, only the records in

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

section are required.

* * * * *

14. Section 63.1432 is amended by

revising paragraphs (h), (l), and (q) as

follows:

§ 63.1432 Storage vessel provisions.

* * * * *

(h) When the HON storage vessel

requirements in §§ 63.120(d)(3)(i),

63.120(d)(5), and 63.122(g)(2) use the

term ‘‘range,’’ the term ‘‘level’’ shall

apply instead for the purposes of this

subpart.

* * * * *

(l) When the HON Periodic Report

requirements contained in § 63.152(c)

are referred to in §§ 63.120 and 63.122,

the Periodic Report requirements

contained in § 63.1439(e)(6) shall apply

for the purposes of this subpart.

* * * * *

(q) In addition to the records required

by § 63.123, the owner or operator of

each storage vessel that is complying

with § 63.119(e) and that has an

applicable monitoring plan in

accordance with § 63.120(d)(2) that does

not specify continuous monitoring, shall

maintain records of all times when the

storage tank is being filled (i.e., when

the liquid level in the storage vessel is

being raised). These records shall

consist of documentation of the time

when each filling period begins and

ends.

15. Section 63.1433 is amended by:

a. Revising paragraph (a)(1);

b. Revising paragraph (a)(2);

c. Revising paragraph (a)(5);

d. Revising paragraph (a)(7);

e. Revising paragraph (a)(8); and

f. Revising paragraph (b)(1).

The revisions and additions read as

follows:

§ 63.1433 Wastewater provisions.

(a) * * *

(1) Owners and operators of affected

sources are not required to comply with

the HON new source wastewater

requirements in § 63.132(b)(1) and

§ 63.132(d) for the purposes of this

subpart. Owners or operators of all new

affected sources, as defined in this

subpart, shall comply with the HON

requirements for existing sources in

§§ 63.132 through 63.149, with the

exceptions noted in paragraphs (a)(2)

through (20) of this section.

(2) The provisions of paragraphs

(a)(2)(i), (ii), and (a)(10)(iii) of this

section clarify the organic HAP that an

owner or operator shall consider when

complying with the requirements of

§§ 63.132 through 63.149.

(i) Owners and operators are exempt

from all requirements in §§ 63.132

through 63.149 that pertain solely and

exclusively to organic HAP listed on

Table 8 of 40 CFR part 63, subpart G.

(ii) When the HON requirements in

§§ 63.132 through 63.149 refer to Table

9 compounds, the owner or operator is

only required to consider compounds

that meet the definition of organic HAP

in § 63.1423 and that are listed in Table

9 of 40 CFR part 63, subpart G, for the

purposes of this subpart.

(iii) When §§ 63.132 through 63.149

refer to compounds in Table 36 of 40

CFR part 63, subpart G, or compounds

in List 1 or List 2 of Table 36 of 40 CFR

part 63, subpart G, the owner or

operator is only required to consider

compounds that meet the definition of

organic HAP in § 63.1423 and that are

listed on Table 36 of 40 CFR part 63,

subpart G, for the purposes of this

subpart.

* * * * *

(5) When the HON process

wastewater reporting requirements in

§ 63.146(a) require the submission of a

request for approval to monitor

alternative parameters according to the

procedures specified in § 63.151(f) or

(g), the owner or operator requesting to

monitor alternative parameters shall

follow the procedures specified in

§ 63.1439(f) for the purposes of this

subpart.

* * * * *

(7) When §§ 63.132 through 63.149

refer to an ‘‘existing source,’’ the term

existing affected source, as defined in

§ 63.1420(a)(2), shall apply for the

purposes of this subpart.

(8) When the HON requirements in

§§ 63.132 through 63.149 refer to a ‘‘new

source,’’ the term new affected source,

as defined in § 63.1420(a)(3), shall apply

for the purposes of this subpart.

* * * * *

(b) * * *

(1) When the HON maintenance

wastewater provisions in § 63.105(a)

refer to ‘‘organic HAPs listed in Table 9

of subpart G of this part,’’ the owner or

operator is only required to consider

compounds that meet the definition of

organic HAP in § 63.1423 and that are

listed in Table 9 of 40 CFR part 63,

subpart G, for the purposes of this

subpart.

* * * * *

16. Section 63.1434 is amended by

removing and reserving paragraph (c).

17. Section 63.1435 is amended by

revising paragraph (c) as follows:

§ 63.1435 Heat exchanger provisions.

* * * * *

(c) When the HON heat exchange

system requirements in § 63.104(c)(3)

specify the monitoring plan retention

requirements, and when § 63.104(f)(1)

refers to the record retention

requirements in § 63.103(c)(1), the

provisions of the general recordkeeping

and reporting requirements in

§ 63.1439(a) and the applicable

provisions of the General Provisions in

40 CFR part 63, subpart A, as specified

in Table 1 of this subpart, shall apply

for the purposes of this subpart.

* * * * *

18. Section 63.1437 is amended by

revising paragraph (a)(1) introductory

text as follows:

§ 63.1437 Additional requirements for

performance testing.

(a) * * *

26502 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

(1) Performance tests shall be

conducted according to the general

provisions’ performance testing

requirements in § 63.7(e)(1) and (2),

except that for all emission sources

except process vents from batch unit

operations, performance tests shall be

conducted during maximum

representative operating conditions for

the process achievable during one of the

time periods described in paragraph

(a)(1)(i) of this section, without causing

any of the situations described in

paragraph (a)(1)(ii) or (iii) of this section

to occur. For process vents from batch

unit operations, performance tests shall

be conducted either at absolute worstcase conditions or hypothetical worstcase conditions, as defined in

§ 63.1426(c)(3)(i)(B), that are achievable

during one of the time periods described

in paragraph (a)(1)(i) of this section,

without causing any of the situations

described in paragraph (a)(1)(ii) or (iii)

of this section to occur.

* * * * *

19. Section 63.1439 is amended by:

a. Revising paragraph (b)(1)(ii);

b. Revising paragraph (e)(3)

introductory text;

c. Removing and reserving paragraph

(e)(3)(ii)(A);

d. Revising paragraph (e)(5)(iv); and

e. Revising paragraph (e)(7).

The revisions read as follows:

§ 63.1439 General recordkeeping and

reporting provisions.

* * * * *

(b) * * *

(1) * * *

(ii) Reports of start-up, shutdown, and

malfunction. 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 (e)(6) of this section instead

of according to the general provisions’

Periodic Reporting schedule specified in

§ 63.10(d)(5)(i). The reports shall

include the information specified in

§ 63.10(d)(5)(i).

* * * * *

(e) * * *

(3) Initial Notification. The owner or

operator of a new affected source shall

submit a written Initial Notification to

the Administrator containing the

information described in paragraph

(e)(3)(i) of this section according to the

schedule in paragraph (e)(3)(ii) of this

section. The General Provisions’ Initial

Notification requirements in

§ 63.9(b)(2), (3), and (6) shall not apply

for the purposes of this subpart.

* * * * *

(5) * * *

(iv) The parameter monitoring levels

for flexible operation units, and the

basis on which these levels were

selected, or a demonstration that these

levels are appropriate at all times, as

specified in § 63.1420(e)(5)(ii)(A).

* * * * *

(7) Other reports. Other reports shall

be submitted as specified in paragraphs

(e)(7)(i) through (iii) of this section.

(i) For storage vessels, the

notifications of inspections required by

§ 63.1432 shall be submitted, as

specified in the HON storage vessel

provisions in § 63.122(h)(1) and (2).

(ii) When the conditions at

§ 63.1420(e)(3)(iii), (e)(9), or (e)(10) are

met, reports of changes to the primary

product for a PMPU or process unit, as

required by § 63.1420(e)(3)(iii), (e)(9), or

(e)(10)(iii), respectively, shall be

submitted.

(iii) Owners or operators of PMPU or

emission points (other than equipment

leak components subject to § 63.1434)

that are subject to provisions for

changes or additions to plant sites in

§ 63.1420(g)(1) or (2) shall submit a

report as specified in paragraphs

(e)(7)(iii)(A) and (B) of this section.

(A) Reports shall include:

(1) A description of the process

change or addition, as appropriate;

(2) The planned start-up date and the

appropriate compliance date, according

to § 63.1420(g)(1) or (2); and

(3) Identification of the group status of

emission points (except equipment leak

components subject to the requirements

in § 63.1434) specified in paragraphs

(e)(7)(iii)(A)(3)(i) through (iii) of this

section, as applicable.

(i) All the emission points in the

added PMPU, as described in

§ 63.1420(g)(1).

(ii) All the emission points in an

affected source designated as a new

affected source under § 63.1420(g)(2)(i).

(iii) All the added or created emission

points as described in § 63.1420(g)(2)(ii)

or (iii).

(4) If the owner or operator wishes to

request approval to use alternative

monitoring parameters, alternative

continuous monitoring or

recordkeeping, alternative controls, or

wishes to establish parameter

monitoring levels according to the

procedures contained in § 63.1438(c) or

(d), a Precompliance Report shall be

submitted in accordance with paragraph

(e)(7)(iii)(B) of this section.

(B) Reports shall be submitted as

specified in paragraphs (e)(7)(iii)(B)(1)

through (3) of this section, as

appropriate.

(1) Owners or operators of an added

PMPU subject to § 63.1420(g)(1) shall

submit a report no later than 180 days

prior to the compliance date for the

PMPU.

(2) Owners or operators of an affected

source designated as a new affected

source under § 63.1420(g)(2)(i) shall

submit a report no later than 180 days

prior to the compliance date for the

affected source.

(3) Owners and operators of any

emission point (other than equipment

leak components subject to § 63.1434)

subject to § 63.1420(g)(2)(ii) or (iii) shall

submit a report no later than 180 days

prior to the compliance date for those

emission points.

* * * * *

20. Tables 1, 4, and 8 to subpart PPP

of part 63 are revised as follows:

TABLE 1 OF SUBPART PPP.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPP AFFECTED SOURCES

Reference Applies to

subpart PPP Explanation

63.1(a)(1) ............................ Yes ................... § 63.1423 specifies definitions in addition to or that supersede definitions in § 63.2.

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

63.1(a)(3) ............................ Yes ................... § 63.1422(f) through (k) of this subpart and § 63.160(b) identify those standards which overlap

with the requirements of subparts PPP and H and specify how compliance shall be

achieved.

63.1(a)(4) ............................ Yes ................... Subpart PPP (this table) specifies the applicability of each paragraph in subpart A to subpart

PPP.

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

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

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

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

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26503

TABLE 1 OF SUBPART PPP.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPP AFFECTED SOURCES—

Continued

Reference Applies to

subpart PPP Explanation

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

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

63.1(b)(1) ............................ No ..................... § 63.1420(a) contains specific applicability criteria.

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

63.1(b)(3) ............................ Yes.

63.1(c)(1) ............................. Yes ................... Subpart PPP (this table) specifies the applicability of each paragraph in subpart A to subpart

PPP.

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

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 ................... § 63.1423 specifies those subpart A definitions that apply to subpart PPP.

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

63.4(a)(1)–(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 § 63.1420(g) defines 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 requirements in § 63.1439(e)(3) shall apply instead of the requirements in § 63.9(b).

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

63.5(b)(6) ............................ Yes ................... Except that § 63.1420(g) defines when construction or reconstruction is subject to the new

source standards.

63.5(c) ................................. No ..................... Reserved.

63.5(d)(1)(i) ......................... Yes.

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

63.5(d)(1)(iii) ........................ No ..................... § 63.1439(e)(5) and § 63.1434(e) specify 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 § 63.1434 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 ................... § 63.1422 specifies the compliance date.

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

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

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

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

63.6(d) ................................. No ..................... Reserved.

63.6(e) ................................. Yes ................... Except as otherwise specified for individual paragraphs (below), and § 63.6(e) does not apply

to Group 2 emission points.

63.6(e)(1)(i) ......................... No ..................... This is addressed by § 63.1420(h)(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 § 63.1434), the start-up, shutdown, and malfunction plan requirement of § 63.6(e)(3)(i) is limited to combustion, recovery, or recapture devices and is

optional for other equipment. The start-up, shutdown, and malfunction plan may include written procedures that identify conditions that justify a delay of repair.a

63.6(e)(3)(i)(A) .................... Yes ................... This is also addressed by § 63.1420(h)(4).

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

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

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

26504 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

TABLE 1 OF SUBPART PPP.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPP AFFECTED SOURCES—

Continued

Reference Applies to

subpart PPP Explanation

63.6(e)(3)(iii) ........................ No ..................... Recordkeeping and reporting are specified in § 63.1439(b)(1).

63.6(e)(3)(iv) ....................... No ..................... Recordkeeping and reporting are specified in § 63.1439(b)(1).

63.6(e)(3)(v) ........................ No ..................... Requirement is specified in § 63.1439(b)(1).

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 § 63.1420(i)(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 § 63.1434.

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

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

63.6(h) ................................. No ..................... Subpart PPP 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 § 63.1422(e) and § 63.1439(e)(4)(i) for all emission points except equipment leaks, which are covered under § 63.182(a)(6)(i).

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 ..................... § 63.1439(e) (5) and (6) specify 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 ..................... § 63.1437(a)(4) specifies notification requirements.

63.7(c) ................................. No ..................... Except if the owner or operator chooses to submit an alternative nonopacity emission standard

for approval under § 63.6(g).

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

63.7(e)(1) ............................ Yes ................... Except that all performance tests shall be conducted during worst case operating conditions.

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

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

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

63.7(f) .................................. Yes ................... Since 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 the notification of compliance status report requirements in § 63.1439(e)(5) shall apply

instead of those in § 63.9(h). In addition, equipment leaks subject to § 63.1434 are not required to conduct performance tests.

63.7(h) ................................. Yes ................... Except § 63.7(h)(4)(ii) is not applicable, since the site-specific test plans in § 63.7(c)(2) are not

required.

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

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

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

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

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

63.8(b)(2) ............................ No ..................... Subpart PPP 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 § 63.1439(b)(1)(i)(B); for equipment leaks, comply with § 63.181(g)(2)(ii).

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

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

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

63.8(c)(4) ............................. No ..................... § 63.1438 specifies monitoring requirements; not applicable to equipment leaks, because

§ 63.1434 does not require continuous monitoring systems.

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

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

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

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

63.8(f)(4)(i) .......................... Yes ................... Except the timeframe for submitting request is specified in § 63.1439(f) or (g); not applicable to

equipment leaks, because § 63.1434 (through subpart H of this part) specifies acceptable alternative methods.

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26505

TABLE 1 OF SUBPART PPP.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPP AFFECTED SOURCES—

Continued

Reference Applies to

subpart PPP Explanation

63.8(f)(4)(ii) ......................... Yes.

63.8(f)(4)(iii) ......................... Yes.

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

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

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

63.8(f)(6) ............................. No ..................... Subpart PPP does not require CEMs.

63.8(g) ................................. No ..................... Data reduction procedures specified in § 63.1439(d) and (h); not applicable to equipment leaks.

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

63.9(b) ................................. No ..................... The initial notification requirements are specified in § 63.1439(e)(3).

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

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

63.9(e) ................................. No ..................... § 63.1437(a)(4) specifies notification deadline.

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

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

63.9(h) ................................. No ..................... § 63.1439(e)(5) specifies notification of compliance status requirements.

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

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

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

63.10(b)(1) .......................... No ..................... § 63.1439(a) specifies record retention requirements.

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

63.10(b)(3) .......................... Yes.

63.10(c) ............................... No ..................... § 63.1439 specifies recordkeeping requirements.

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

63.10(d)(2) .......................... No ..................... § 63.1439(e)(5) and (6) specify performance test reporting requirements; not applicable to

equipment leaks.

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

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

63.10(d)(5)(i) ....................... Yes ................... Except that reports required by § 63.10(d)(5)(i) shall be submitted at the same time as Periodic

Reports specified in § 63.1439(e)(6). The start-up, shutdown, and malfunction plan, and any

records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission

points.

63.10(d)(5)(ii) ...................... No.

63.10(e) ............................... No ..................... § 63.1439 specifies reporting requirements.

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

63.11 ................................... Yes.

63.12 ................................... Yes ................... Except that the authority of § 63.177 (for equipment leaks) will not be delegated to States.

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

aThe plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission points.

* * * * * TABLE 4 OF SUBPART PPP.—KNOWN ORGANIC

HAP FROM POLYETHER POLYOL PRODUCTS

Organic HAP/chemical name

[CAS No.]

1,3 Butadiene

(106990)

Epichlorohydrin

(106898)

Ethylene Oxide

(75218)

n-Hexane

(110543)

Methanol

(67561)

Propylene Oxide

(75569)

Toluene

(108883)

CAS No. = Chemical Abstracts Service Registry Number.

* * * * *

26506 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

TABLE 8 TO SUBPART PPP.—ROUTINE REPORTS REQUIRED BY THIS SUBPART

Reference Description of report Due date

§ 63.1439(b) and subpart A of this part ............. Refer to § 63.1439(b), Table 1 of this subpart,

and to subpart A of this part.

Refer to subpart A of this part.

§ 63.1439(e)(3) ................................................... Initial notification .............................................. New affected sources w/ initial start-up at

least 90 days after June 1, 1999: submit

the application for approval of construction

or reconstruction in lieu of the initial notification report.

New affected sources w/ initial start-up prior

to 90 days after June 1, 1999:by 90 days

after June 1, 1999.

§ 63.1439(e)(4) ................................................... Precompliance Report a .................................... Existing affected sources: 12 months prior to

compliance date.

New affected sources: with the application for

approval of construction or reconstruction.

§ 63.1439(e)(5) ................................................... Notification of Compliance Status b .................. Within 150 days after the compliance date.

§ 63.1439(e)(6) ................................................... Periodic Reports .............................................. Semiannually, no later than 60 days after the

end of each 6-month period. See

§ 63.1439(e)(6)(i) for the due date for this

report.

§ 63.1439(e)(6)(iii) .............................................. Quarterly reports for sources with excursions

(upon request of the Administrator).

No later than 60 days after the end of each

quarter.

§ 63.506(e)(7)(i) .................................................. Storage Vessels Notification of Inspection ...... At least 30 days prior to the refilling of each

storage vessel or the inspection of each

storage vessel.

aThere may be two versions of this report due at different times; one for equipment subject to § 63.1434 and one for other emission points

subject to this subpart. bThere will be two versions of this report due at different times; one for equipment subject to § 63.1434 and one for other emission points subject to this subpart.

* * * * *

[FR Doc. 00–10418 Filed 5–5–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL MARITIME COMMISSION

46 CFR Parts 515, 520, 530 and 535

[Docket No. 99–10]

Ocean Common Carriers Subject to the

Shipping Act of 1984

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

SUMMARY: The Federal Maritime

Commission is amending its regulations

implementing the Shipping Act of 1984

to clarify the definition of ‘‘ocean

common carrier’’ to reflect the

Commission’s interpretation of the term.

As a result, only common carriers that

operate vessels in at least one United

States trade will be subject to these

rules.

DATES: This rule becomes effective

August 7, 2000.

FOR FURTHER INFORMATION CONTACT:

Thomas Panebianco, General Counsel,

Federal Maritime Commission, 800

North Capitol Street, N.W., Room 1018,

Washington, D.C. 20573, (202) 523–

5740.

SUPPLEMENTARY INFORMATION:

Background

The Federal Maritime Commission

initiated this proceeding by Notice of

Proposed Rule (‘‘NPR’’) published in the

Federal Register on June 25, 1999. 64

FR 34183. The NPR noted that the

Commission was proposing to amend

several of its regulations to clarify the

definition of ‘‘ocean common carrier’’

contained in section 3(16) of the

Shipping Act of 1984 (‘‘Shipping Act’’),

46 U.S.C. app. § 1702(16), as amended

by the Ocean Shipping Reform Act of

1998 (‘‘OSRA’’), P.L. 105–258, 112 Stat.

1902, to reflect the Commission’s theninterpretation of that term. In essence,

the proposed rule defined ‘‘ocean

common carrier’’ to include only

common carriers that operate vessels

serving ports in at least one United

States trade.

The NPR solicited comment on the

proposed rule from the public, and the

Commission received comments from:

(1) The Ocean Carrier Working Group

(‘‘OCWG’’); (2) Maersk, Inc.; (3) Samskip

Hf (‘‘Samskip’’); (4) the Council of

European & Japanese National

Shipowners’ Associations (‘‘CENSA’’);

(5) the Calcutta, East Coast of India and

Bangladesh Conference and Waterman

Steamship Corporation (‘‘India

Carriers’’);(6) the National Industrial

Transportation League (‘‘NITL’’); (7) the

American International Freight

Association & Transportation

Intermediaries Association (‘‘AIFA/

TIA’’); and (8) Ocean World Lines, Inc.

(‘‘OWL’’).

The NPR

The NPR noted that the Commission

had previously proposed a new

definition for the term ‘‘ocean common

carrier’’ in the context of the rulemaking

governing agreements which was

undertaken to implement OSRA. Docket

No. 98–26, Ocean Common Carrier and

Marine Terminal Operator Agreements

Subject to the Shipping Act of 1984, 64

FR 11236, March 8, 1999. However, the

Commission received only two

comments on that particular proposal

and subsequently decided to provide

the public an additional opportunity to

comment through this proceeding. The

NPR then stated that the heart of the

matter was how to distinguish between

ocean common carriers (‘‘OCCs’’) and

non-vessel-operating common carriers

(‘‘NVOCCs’’). The distinction is

significant under the Shipping Act

because only OCCs can enter into and

file agreements with the Commission

and receive antitrust immunity therefor.

In addition, only OCCs can offer service

contracts to shippers, although NVOCCs

can enter into service contracts as

shippers.

The NPR conceded that at first glance

the defining of an OCC as a ‘‘vessel

operator’’ does not appear to be

ambiguous. However, the Commission

stated that its staff has encountered