38030 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6585–7]

RIN 2060–AH47

National Emission Standards for

Hazardous Air Pollutants: Group I

Polymers and Resins; and National

Emission Standards for Hazardous Air

Pollutants: Group IV Polymers and

Resins

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rules; amendments.

SUMMARY: On September 5, 1996 and

September 12, 1996, the EPA

promulgated national emission

standards for hazardous air pollutants

(NESHAP) for Group I Polymers and

Resins and the NESHAP for Group IV

Polymers and Resins, respectively. In

November 1996, petitions for review of

the September 1996 Polymers and

Resins I and IV rules were filed in the

U.S. Court of Appeals for the District of

Columbia Circuit. The petitioners raised

numerous technical issues and concerns

with these rules. In addition, on January

17, 1997, amendments to the Synthetic

Organic Chemical Manufacturing

Industry NESHAP (i.e., the Hazardous

Organic NESHAP, or HON) were

promulgated; the HON is heavily

referenced by both of the Polymers and

Resins I and IV NESHAP. On March 9,

1999, the EPA proposed amendments to

the Polymers and Resins I and IV

NESHAP to address the issues raised by

the petitioners and to update the rules

as necessitated by the HON

amendments. This document takes final

action on those proposed amendments.

EFFECTIVE DATE: June 19, 2000.

ADDRESSES: Docket number A–92–44 for

the Group I Polymers and Resins

NESHAP and Docket number A–92–45

for the Group IV Polymers and Resins

NESHAP 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: For

information concerning these final rule

amendments, contact Mr. Robert

Rosensteel, Organic Chemicals Group,

Emission Standards Division (MD–13),

Office of Air Quality Planning and

Standards, U.S. EPA, Research Triangle

Park, North Carolina 27711, telephone

number (919) 541–5608, facsimile

number (919) 541–3470, electronic mail

address rosensteel.bob@epa.gov. For

information concerning applicability

and rule determinations, contact your

State or local representative or the

appropriate EPA Regional Office

representatives.

SUPPLEMENTARY INFORMATION: Following

is a listing of EPA Regional contacts.

EPA Regional Office Contacts

Director, Office of Environmental

Stewardship

Attn: Air Compliance Clerk

U.S. EPA Region I, 1 Congress Street, Suite

1100 (SEA), Boston, MA 02114–2023,

(617) 918–1740

Umesh Dholakia

U.S. EPA Region II, 290 Broadway Street,

New York, NY 10007–1866, (212) 637–

4023

Doreen Au

U.S. EPA Region III, 1650 Arch Street,

Philadelphia, PA 19103, (215) 814–5471

Lee Page

U.S. EPA Region IV, 61 Forsyth Street, SW,

Atlanta, GA 30303–3104, (404) 562–9131

Shaun Burke, IL/IN, (312) 353–5713

Joseph Cardile, MI/WI, (312) 353–2151

Erik Hardin, MN/OH, (312) 353–2402

U.S. EPA Region V, 77 West Jackson

Boulevard, Chicago, IL 60604–3507

John Jones

U.S. EPA Region VI, 1445 Ross Avenue,

Suite 1200 (6EN–AT), Dallas, TX 75202,

(214) 665–7233

Gary Schlicht

U.S. EPA Region VII, 726 Minnesota

Avenue, Kansas City, KS 66101, (913)

551–7097

Tami Thomas-Burton

U.S. EPA Region VIII, 999 18th Street,

Suite 500, Denver, CO 80202, (303) 312–

6581

Ken Bigos

U.S. EPA Region IX, 75 Hawthorne Street,

San Francisco, CA 94105, (415) 744–

1240

Dan Meyer

U.S. EPA Region X, 1200 Sixth Street,

Seattle, WA 98101, (206) 553–4150

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. Alternatively, docket

indexes are available by facsimile, as

described on the Office of Air and

Radiation, Docket and Information

Center Website at http://www.epa.gov/

oar/docket. A reasonable fee may be

charged for copying docket materials.

Worldwide Web (WWW). In addition

to being available in the docket, an

electronic copy of this final rule will be

available on the WWW through the

Technology Transfer Network (TTN).

Following signature, a copy of the rule

will be posted on the TTN’s policy and

guidance page for newly proposed or

promulgated rules http://www.epa.gov/

ttn/oarpg. The TTN provides

information and technology exchange in

various areas of air pollution control. If

more information regarding the TTN is

needed, call the TTN HELP line at (919)

541–5384.

Regulated Entities. The regulated

category and entities affected by this

action include:

Category

Standard Industrial

Classification (SIC)

Codes

(NAICS) Examples of regulated entities

Industry ................... 2821, 2822 ............ 325211, 325212 .... Butyl Rubber, Halobutyl Rubber, Epichlorohydrin Elastomer, Ethylene Propylene Rubber, HypalonTM, Neoprene, Nitrile Butadiene Rubber, Nitrile Butadiene Latex, Polybutadiene Rubber, Styrene-Butadiene Rubber or Latex,

Acrylonitrile Butadiene Styrene Resin, Styrene Acrylonitrile Resin, Methyl

Methacrylate Acrylonitrile Butadiene Styrene Resin, Methyl Methacrylate

Butadiene Styrene Resin, Poly(ethylene terephthalate) Resin, Polystyrene

Resin, and Nitrile Resin producers.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38031

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

this action. To determine whether your

facility is regulated by this action, you

should carefully examine all of the

applicability criteria in § 63.480 of the

Polymers and Resins I rule and

§ 63.1310 of the Polymers and Resins IV

rule. If you have any questions

regarding the applicability of these

amendments to a particular entity,

consult your State or local

representative or the appropriate EPA

Regional Office representatives listed in

the preceding FOR FURTHER INFORMATION

CONTACT section.

Judicial Review. Amendments to

Polymers and Resins I and IV NESHAP

were proposed on March 9, 1999 (64 FR

11560). This action announces the

EPA’s final decisions on the rules.

Under section 307(b)(1) of the CAA,

judicial review of final rules is available

by filing a petition for review in the U.S.

Court of Appeals for the District of

Columbia Circuit August 18, 2000.

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

requirements that are the subject of

these final amendments may not be

challenged later in civil or criminal

proceedings brought by the EPA to

enforce these requirements.

Outline. The information presented in

this preamble is organized as follows:

I. What is the background of these rules?

II. What types of public comments were

received on the March 9, 1999 proposal?

III. What major issues were raised in the

public comments and what changes were

made for the final amendments?

A. Compliance Dates

B. Flexible Operation Unit Applicability

Provisions

C. Definitions

D. Additions to Existing Affected Sources

E. Halogenated Batch Process Vents

F. PET and Polystyrene Continuous

Process Vents

G. Start-up, Shutdown, and Malfunction

and Periods of Nonoperation

H. Organic HAP Lists

I. Other Clarifications

IV. What are the administrative requirements

for these final amendments?

A. Executive Order 12866

B. Executive Order 13132

C. Executive Order 13084

D. Executive Order 13045

E. Unfunded Mandates Reform Act

F. Regulatory Flexibility Act (RFA), as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

G. Paperwork Reduction Act

H. National Technology Transfer and

Advancement Act

I. Congressional Review Act

I. What is the Background of These

Rules?

On September 5, 1996 (61 FR 46906)

and September 12, 1996 (61 FR 48208),

we issued NESHAP for Group I

Polymers and Resins (40 CFR part 63,

subpart U) and Group IV Polymers and

Resins (40 CFR part 63, subpart JJJ),

respectively. On August 26, 1996 (61 FR

43698), prior to the promulgation of

subparts U and JJJ, we proposed

amendments to the HON, which

subparts U and JJJ both reference.

Subparts U and JJJ were modeled after

the HON due to similarities in emission

characteristics and emission controls at

HON and Polymers and Resins affected

sources.

On November 4, 1996, the Dow

Chemical Company (Dow) filed

petitions for review of the promulgated

Polymers and Resins I and IV NESHAP

in the U.S. Court of Appeals for the

District of Columbia Circuit, The Dow

Chemical Company v. EPA, 96–1417

and 96–1421 (D.C. Cir.). Dow raised

over 280 technical issues on the rules’

structure and applicability, including

questions about the applicability of the

HON amendments to subparts U and JJJ.

Dow raised issues regarding details of

the technical requirements, drafting

clarity, and structural errors in the

drafting of certain sections of the rules.

On October 30, 1996, the Union Carbide

Corporation filed a petition for review of

the promulgated Polymers and Resins I

NESHAP in the U.S. Court of Appeals

for the District of Columbia Circuit,

Union Carbide Corporation v. EPA, 96–

1413 and Consolidated Cases (D.C. Cir.).

On March 9, 1999 (64 FR 11561), we

proposed amendments to subparts U

and JJJ to incorporate the concepts and

new references related to the

promulgated HON amendments and to

propose changes pursuant to settlements

reached with industry. In this action, we

are promulgating the amendments

proposed on March 9, 1999.

In addition to these final amendments

to subparts U and JJJ, other actions taken

to amend various aspects of subparts U

and JJJ since the original promulgation

of these rules in September of 1996

include the following Federal Register

notices: January 14, 1997 (62 FR 1835),

equipment leaks compliance date

extension for both rules; June 6, 1997

(62 FR 30993), equipment leaks

compliance date extension for

poly(ethylene terephthalate) (PET) resin

affected sources; July 15, 1997 (62 FR

37720), minor corrections and

clarifications to the rules; February 27,

1998 (63 FR 9944), change in the

effective date of the rule for subpart JJJ

to February 27, 1998; March 31, 1998

(63 FR 15312), a temporary compliance

extension until February 27, 2001 for

existing affected sources producing PET

using the continuous terephthalic acid

(TPA) high viscosity multiple end

finisher process; December 9, 1998 (63

FR 67879), notification of a proposed

partial settlement; March 9, 1999 (64 FR

11536), clarifications and corrections to

the promulgated rules; May 7, 1999 (64

FR 24511), withdrawal, as a result of

adverse comments, of one amendment

from the amendments in the March 9,

1999 direct final rule; June 8, 1999 (64

FR 30406), equipment leaks compliance

date extension for new and existing

affected sources producing PET; June 8,

1999 (64 FR 30456), proposed denial of

petition for reconsideration of the

equipment leak requirements in subpart

JJJ; and June 30, 1999 (64 FR 35023),

indefinite stay of the compliance dates

for certain provisions under subparts U

and JJJ.

II. What Types of Public Comments

Were Received on the March 9, 1999

Proposal?

We received six public comment

letters on the March 9, 1999 proposed

amendments. All comment letters were

from industry representatives. The

comment letters generally supported the

proposed amendments, but also

suggested clarifications and corrections

to the proposed amendments. We

considered these comments and, where

appropriate, made changes to the

proposed amendments. This preamble

summarizes significant issues raised

and the changes to the proposed

amendments. Our response to all

comments can be found in National

Emission Standards for Hazardous Air

Pollutants for Polymers and Resins

(Groups I and IV): Summary of Public

Comments and Responses on Proposed

Amendments, EPA–453/R–99–001. This

document may be found in both

dockets.

III. What Major Issues Were Raised in

the Public Comments and What

Changes Were Made for the Final

Amendments?

As noted above, these final

amendments incorporate the concepts

and new references in response to the

promulgated HON amendments and

include changes related to settlement

negotiations with industry. In addition

to a number of clarifications and

reference changes, the amendments

include changes to the applicability

provisions for flexible operation units,

the batch process vent group

determination procedures, and the

reporting and recordkeeping

requirements. We believe that these

38032 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

changes provide additional clarity to the

rules. In the preamble to the March 9,

1999 proposed amendments, we

provided a detailed explanation of the

proposed amendments. The following

discussion summarizes the major public

comments on the proposed amendments

and significant changes made in

response to these comments.

A. Compliance Dates

Due to the extensive nature of the

proposed amendments and the

proximity of the proposed amendments

to the September 1999 compliance dates

(September 5 for subpart U and

September 12 for subpart JJJ), several

commenters requested an extension of

the compliance dates for existing

sources. They indicated that due to the

proposed amendments, they would have

to re-evaluate applicability, compliance

status, and the basis for demonstrating

compliance. As discussed in the

preamble to the proposed amendments

(64 FR 11573), we were aware of the

possibility that specific proposed

amendments might affect the

compliance status of one or more

facilities. We specifically requested

comments on this issue, along with

specific examples of the proposed rule

changes that could cause a facility to be

out of compliance.

After review of the comments

submitted in response to that request

and the specific proposed rule examples

provided, we decided that setting a new

compliance date for the amended rule

was warranted. Therefore, on June 30,

1999, we published a direct final rule in

the Federal Register (64 FR 35023)

which stayed certain compliance dates

‘‘indefinitely.’’ That stay was effective

August 30, 1999. Specifically, that

action stayed the existing source

compliance dates for storage vessels,

process vents, back-end process

operations (subpart U only), heat

exchange systems, and wastewater. That

stay did not impact the equipment leaks

at any facility or the process contact

cooling tower provisions at facilities

that produce PET using a continuous

terephthalic acid high viscosity multiple

end finisher process. That action also

stayed the compliance date for all

emission sources at new affected

sources that had an initial start-up date

on or after March 9, 1999.

In the June 30, 1999 Federal Register

document, we indicated that we would

publish new compliance dates, which

would provide a reasonable amount of

time in which to comply with the

amended regulations, when we

promulgated the final amendments to

the regulations. As pointed out by the

commenters, many of the proposed rule

changes that may affect compliance are

related to the provisions that are used to

determine whether controls are required

for a particular emission point. In

addition, we recognized that a change in

compliance date also affects certain

reports that the promulgated rules

required to be submitted prior to the

compliance date (discussed below). One

commenter suggested a compliance date

of at least 9 months after promulgation

of the amendments. However, we did

not believe that 9 months was a

sufficient time period to allow for (1)

the re-evaluation of whether controls are

required by the owner or operator, (2)

the submission of reports that are due

prior to the compliance date, and (3) the

review of these reports by the

Administrator. We concluded that 1

year was a reasonable amount of time

for accomplishment of these activities.

Therefore, the final amendments

require that existing affected sources

comply with the nonequipment leak

requirements by June 19, 2001. The final

amendments also require, in accordance

with the CAA, that all new affected

sources comply with the amended

regulations on June 19, 2000, or at

initial start-up, whichever is later. Note:

New affected sources that produce PET

as their primary product are not

required to comply with the equipment

leak provisions in § 63.1331 until

February 27, 2001 or at initial start-up,

whichever is later.

The promulgated rules require the

owner or operator to submit two reports,

the precompliance report and the

emissions averaging plan (if applicable),

prior to the compliance date. The

promulgated rules originally required

the owner or operator to submit these

reports prior to the publication of the

proposed amendments on March 9,

1999. We believe that facilities should

have the opportunity to submit, or

resubmit, these reports after evaluating

the final amendments. Therefore, the

final amendments change the required

submission date of the emissions

averaging plan to September 19, 2000 (9

months before the compliance date) and

the due date of the precompliance

report to December 19, 2000 (6 months

before the compliance date). Even if a

facility does not need to make changes

to an emissions averaging plan or

precompliance report previously

submitted, the facility must either

resubmit the plan or report, or submit a

notification that the previously

submitted plan or report is still valid.

This will avoid any confusion regarding

your intention.

In another compliance date issue, a

commenter requested that the EPA

change the compliance date for new

emission points and newly created

Group 1 emission points to 120 days

after the initial start-up, rather than the

proposed requirement that such points

be in compliance at initial start-up.

Upon consideration of the comments,

we agree that time may be necessary to

evaluate the actual impact of a process

change after initial start-up in some

instances. Therefore, the final rule

requires that new emission points and

newly created Group 1 emission points

be in compliance with the existing

source requirements within 120 days of

initial start-up.

B. Flexible Operation Unit Applicability

Provisions

The promulgated rules specify that

the owner or operator must redetermine

the primary product of a flexible

operation unit (based on actual previous

production) whenever changes in

products occur that could reasonably be

expected to change the primary product.

If the primary product indeed changes,

then the process unit would no longer

be subject to subpart U or JJJ if the new

primary product makes the process unit

subject to another subpart of 40 CFR

part 63 (i.e., another maximum

achievable control technology (MACT)

standard). If the new primary product

does not make the process unit subject

to another MACT standard, then the

process unit must continue to comply

with subpart U or JJJ, provided that the

production of elastomer/thermoplastic

continues. One commenter objected to

the idea that the owner or operator of an

elastomer product process unit (EPPU)

or thermoplastic product process unit

(TPPU) that has been operating as a

flexible operation unit must continue to

comply with subpart U or JJJ, even when

an elastomer/thermoplastic product is

no longer the primary product of the

flexible operation unit.

If we had incorporated the

commenter’s suggestion, a major source

could have continued to produce a

product covered by a MACT standard

(i.e., an elastomer or thermoplastic) and

emit hazardous air pollutants (HAP) but

not be subject to any requirements to

reduce those HAP emissions. Therefore,

controls used to reduce HAP might be

removed. We believe that such a

situation is contrary to the intent of

section 112 of the CAA; therefore, we

did not change the final rule in response

to this comment.

We did make a clarification to the

proposed flexible operation unit

applicability provisions with regard to

annual redeterminations. This change

clarifies that annual applicability

determinations are not required for

flexible operation units in which the

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38033

owner or operator does not intend to

produce elastomer/thermoplastic in the

future.

C. Definitions

We revised several proposed

definitions in response to comments.

The proposed addition of a definition of

net positive heating value was an

attempt to provide additional

clarification to the definition of recovery

device, which uses the term net positive

heating value. After review of the

comments, we concluded that a single

all-inclusive definition that works for

this term was not possible, and we

removed the entire term from the final

amendments. Therefore, you must be

able to demonstrate, in engineering

terms appropriate to each individual

situation, that a recovered stream has

net positive heating value.

A commenter pointed out that the

proposed definition of supplemental

combustion air could be interpreted to

require application of the oxygen

correction factor when a facility adds air

to exhaust streams controlled by

catalytic oxidizers to ensure proper

operation and to prevent damage to the

catalyst bed. We agree a facility should

not consider air added to ensure proper

operation and to avoid damage to a

catalytic oxidizer to be supplemental

combustion air; therefore, the definition

of supplemental combustion air in the

final amendments includes an

additional sentence clarifying this point.

We agree with a commenter that the

proposed definition of stripping in

subpart U used language that excluded

certain operations, specifically drum

dryers which have devolatilization as

their primary purpose. Therefore, the

final definition of stripping clarifies that

processes that occur in dryers with the

primary purpose of devolatilization are

considered to be stripping.

We also agree with commenters that

the proposed change to the definition of

elastomer product in subpart U, which

separated polybutadiene rubber by

solution and styrene butadiene rubber

by solution into two different products,

was not appropriate. At the majority of

facilities, these two polymers are

produced in the same process. Further,

in the solution process that is used at

these facilities, the HAP emissions are

primarily from the use of the solvent,

not the reactants, which means that

there is little difference in emissions

between the two products. In fact, total

HAP emissions were usually reported

for the entire facility and not for the

individual products, so we originally

developed the back-end process

operation limitations based on the

emissions from both of these polymers.

Therefore, we recombined these

polymers as a single elastomer product

in the final amendments.

Changes were also made to the

definition of material recovery section

in subpart JJJ to clarify that contact and

non-contact condensers removing

ethylene glycol from vapor streams

coming out of polymerization vessels

are part of the polymerization reaction

section.

D. Additions to Existing Affected

Sources

The proposed definition of

reconstruction and the proposed

provisions that applied the definition of

reconstruction (§§ 63.480(i)(2)(i) and

63.1310(i)(2)(i)) were inconsistent. To

summarize, the proposed

§§ 63.480(i)(2)(i) and 63.1310(i)(2)(i)

stated that if a facility made any process

change or addition that met the

definition of reconstruction after June 5,

1995 (June 12, 1995 for subpart JJJ), the

source is a new affected source.

However, the proposed definition of

reconstruction in §§ 63.482 and 63.1312

only addressed the replacement, and

not the addition, of components. One

commenter suggested that we amend the

definition of reconstruction to also

include additions.

The general provisions for part 63

clearly separate replacements from

additions. The definition of

reconstruction in the general provisions

only addresses the replacement of

components, while § 63.5(b)(6) of the

general provisions addresses additions.

In the proposed language for

§§ 63.480(i)(2)(i) and 63.1310(i)(2)(i), we

combined these two concepts, thus

creating confusion and making them

inconsistent with our policies regarding

replacements and additions. Therefore,

rather than amend the definition of

reconstruction in §§ 63.482 and 63.1312,

we revised the provisions in

§§ 63.480(i)(2) and 63.1312(i)(2) to

clearly distinguish how a facility is to

handle replacements of components and

additions. 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 owner or operator makes an

addition to an existing affected source,

then the addition becomes part of the

existing affected source.

E. Halogenated Batch Process Vents

The purpose of the halogenated vent

provisions is to reduce the hydrogen

halides that are created when

halogenated organic compounds are

routed to a combustion device.

Therefore, the important location for

determining whether a vent stream is

halogenated is prior to the stream

entering a combustion device. The

location specified in both subparts U

and JJJ for making batch vent group

determinations is at the exit of the batch

unit operation (i.e., before any recovery,

recapture, or combustion device).

Therefore, any reduction in the mass

emission rate of halogen atoms that

occurs in a recovery or recapture device

would not be taken into account. A

commenter requested that the rules

allow the determination of the

concentration of each organic

compound containing halogen atoms at

the recovery device or process discharge

for the purposes of determining the

halogenated status of a vent stream. We

agree with the commenter. We have

changed the rules to specify that an

owner or operator must determine the

concentration of each organic

compound containing halogen atoms at

the exit of the last recovery or recapture

device.

F. PET and Polystyrene Continuous

Process Vents

Continuous process vents at PET and

polystyrene affected sources are subject

to emission limitations that apply to all

process vents in entire sections (i.e.,

material recovery section,

polymerization reaction section) of the

process unit. This differs from the

requirements for other continuous

process vents which are subject to

control requirements based on the group

status of individual process vents.

One commenter requested that the

rule exempt process vents at PET and

polystyrene affected sources subject to

these section-specific emission

limitations from certain control, testing,

and recordkeeping requirements if they

meet the Group 2 criteria. However,

since the concept of group status does

not apply for these process vents, we

did not make changes in response to

these comments. We believe that the

emission limitations for process vents in

the applicable sections, which were

determined to be the MACT floor for the

applicable subcategories, provide an

owner or operator with various

compliance demonstration options,

including a kilogram of HAP per

megagram of product limit, which allow

the owner or operator to choose which

process vents to control.

Paragraph § 63.1313(b) of subpart JJJ

addresses the control of combined

streams. One commenter believed that

these provisions do not adequately

address how to handle process vents in

sections of PET and polystyrene

facilities that are subject to the

requirements in §§ 63.1316 through

38034 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

63.1320 and other combined streams

that do not include Group 1 emission

streams. The commenter suggests using

the Total Resource Effectiveness (TRE)

value to determine applicability for this

combined vent stream, and if the

combined stream does not meet the

Group 1 criteria, no control would be

required.

If a combined emission stream has no

Group 1 emission streams, the

combined emission stream could either

(1) have no emission streams requiring

control, or (2) have process vent

emission streams subject to §§ 63.1316

through 63.1320. For the first case, there

is no reason for an owner or operator to

evaluate the combined emission stream

for control. For the second case,

consider the following example. A

facility makes polystyrene using a

continuous process so emissions from

the material recovery section must be

controlled in accordance with

§ 63.1316(c). If a stream from the

material recovery section is combined

with emission streams that are not

required to be controlled (i.e., Group 2

emission streams), and the TRE of the

combined stream does not meet the

Group 1 criteria, then no control would

be required if we adopted the

commenter’s suggested approach of

applying the TRE to these combined

streams. The result would be that

emissions that are required to be

controlled under § 63.1316(c) would not

be controlled. This approach would

result in a situation where the control

requirements of §§ 63.1316 through

63.1320 could be circumvented by

combining subject streams with other

streams that are not required to be

controlled. Therefore, we believe that

the provisions in § 63.1313(b)

adequately address the situations raised

by the commenter, and we did not

change the rule in response to this

comment.

G. Start-up, Shutdown, and Malfunction

and Periods of Nonoperation

We received several comments on the

provisions related to the requirements

during start-up, shutdown, and

malfunction and during periods of

nonoperation. As a result of these

comments, we made the following

changes. The promulgated rules require

that owners and operators implement

measures to prevent or minimize excess

emissions during periods of start-up,

shutdown, and malfunction. One

commenter suggested changes to the

definition of excess emissions with

which we agreed. Therefore, in the final

rule, we have defined excess emissions

as ‘‘emissions greater than those

allowed by the emissions limitation

which would apply during operational

periods other than start-up, shutdown,

and malfunction.’’ Commenters also

made suggestions related to the records

required during periods of start-up,

shutdown, and malfunction. In response

to these comments, we reduced the

amount of information required to be

submitted with reports of start-ups,

shutdowns, and malfunctions to the

level specified by the 40 CFR part 63

general provisions. Finally, we revised

Table 1 of both promulgated rules to

clarify that immediate start-up,

shutdown, and malfunction reports are

not required.

H. Organic HAP Lists

As a result of comments, we revised

the tables specifying known HAP

emitted from the production of specific

elastomer/thermoplastic products (Table

5 in subpart U and Table 6 in subpart

JJJ). Specifically, Table 5 in subpart U

no longer identifies hexane, toluene,

and xylenes as known organic HAP

emitted from the production of styrene

butadiene rubber by emulsion and

styrene butadiene latex elastomer. We

have no information that indicates that

these HAP are used or emitted from the

production of these elastomer products,

but they were inadvertently identified

in the table as known organic HAP

emitted from their production. Carbon

disulfide is a HAP known to be emitted

during the production of styrene

butadiene rubber via an emulsion

process, so we added carbon disulfide to

the table and indicated that it is a

known organic HAP emitted from the

production of styrene butadiene rubber

by emulsion. Also, Table 6 of subpart JJJ

no longer identifies 1,3-butadiene as a

known organic HAP emitted from the

production of actrylonitrile styrene

acrylate resin/alpha methyl styrene

acrylonitrile resin (ASA/AMSAN), as

we have no information that indicates

ASA/AMSAN production processes use

or emit this HAP.

I. Other Clarifications

A change was made to clarify that

process units that produce elastomers

which are, in turn, used at least 50

percent of the time to produce

thermoplastics, are subject to subpart JJJ

and not subpart U. Another change

clarifies that changes that do not alter

the equipment configuration and

operation conditions are not process

changes, and that these configurations

and conditions are not required to be

documented in the Notification of

Compliance Status reports. We made

changes to clarify the organic HAP

subject to the process and maintenance

wastewater requirements. In subpart U,

we made a change to clarify the

elastomer products that are not subject

to back-end process operation residual

HAP limitations. We also clarified the

monitoring requirements for flares used

to control process back-end HAP

emissions.

IV. What Are the Administrative

Requirements for These Final

Amendments?

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

the Office of Management and Budget

(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

amendments 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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38035

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.

These amendments do not have

federalism implications. They 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 13084 do not apply to these

amendments.

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

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 amendments.

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 subparts U and JJJ 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.

These amendments 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

amendments 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), Public

Law 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

amendments 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 amendments are not

subject to the requirements of sections

202 and 205 of the UMRA. In addition,

the EPA has determined that these

amendments 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 amendments 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 U.S.C. 601 et seq.

The RFA generally requires an agency

to prepare a regulatory flexibility

analysis of a 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,

38036 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

small organizations, and small

governmental jurisdictions.

For purposes of assessing the impacts

of these amendments 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 amendments on small

entities, we have concluded that these

actions will not have a significant

economic impact on a substantial

number of small entities, because they

include primarily clarifications and

amendments to reduce the reporting and

recordkeeping burden, thus they impose

no additional regulatory requirements

on owners or operators of affected

sources.

G. Paperwork Reduction Act

For both the Group I and Group IV

Polymers and Resins NESHAP, the

information collection requirements

(ICRs) were submitted to OMB under

the Paperwork Reduction Act. At

promulgation, OMB had already

approved the ICR for the Group IV

Polymers and Resins NESHAP and

assigned OMB control number 2060–

0351. Subsequently, OMB approved the

ICR for the Group I Polymers and Resins

NESHAP, and on July 15, 1997 (62 FR

37720) assigned OMB control number

2060–0356.

An Agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR part 9 and 48 CFR Chapter

15. The EPA has amended 40 CFR 9.1

to indicate the ICRs contained in the

Group I and IV Polymers and Resins

NESHAP.

The amendments to the NESHAP

contained in this final rule should have

no impact on the information collection

burden estimates made previously.

Therefore, the ICRs have not been

revised.

H. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law 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 amendments.

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 June

19, 2000.

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: April 20, 2000.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, part 63 of title 40, chapter I

of the Code of Federal Regulations is

amended as follows:

PART 63—NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR

POLLUTANTS FOR SOURCE

CATEGORIES

1. The authority citation for part 63

continues to read as follows:

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

Subpart U—National Emission

Standards for Hazardous Air Pollutant

Emissions: Group I Polymers and

Resins

2. Section 63.480 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b);

c. Revising paragraph (c);

d. Revising paragraph (d);

e. Revising paragraph (e);

f. Revising paragraph (f);

g. Revising paragraph (g) introductory

text;

h. Revising paragraphs (g)(1) through

(g)(4);

i. Revising paragraphs (g)(6), through

(g)(8);

j. Revising paragraph (h) introductory

text;

k. Revising paragraphs (h)(1) through

(h)(4);

l. Revising paragraphs (h)(6) and

(h)(7);

m. Revising paragraph (i) introductory

text;

n. Revising paragraph (i)(1)

introductory text;

o. Revising paragraphs (i)(1)(i) and

(i)(1)(ii);

p. Revising paragraph (i)(2)(i)

introductory text;

q. Revising paragraph (i)(2)(i)(A);

r. Revising paragraphs (i)(2)(ii) and

(i)(2)(iii);

s. Revising paragraphs (i)(3) through

(i)(5);

t. Revising paragraph (j); and

u. Adding paragraph (i)(6).

The revisions and additions read as

follows:

§ 63.480 Applicability and designation of

affected sources.

(a) Definition of affected source. The

provisions of this subpart apply to each

affected source. Affected sources are

described in paragraphs (a)(1) through

(a)(4) of this section.

(1) An affected source is either an

existing affected source or a new

affected source. Existing affected source

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38037

is defined in paragraph (a)(2) of this

section, and new affected source is

defined in paragraph (a)(3) of this

section.

(2) An existing affected source is

defined as each group of one or more

elastomer product process units (EPPU)

and associated equipment, as listed in

paragraph (a)(4) of this section, that is

not part of a new affected source, as

defined in paragraph (a)(3) of this

section, that is manufacturing the same

primary product and that is located at

a plant site that is a major source.

(3) A new affected source is defined

by the criteria in paragraph (a)(3)(i),

(a)(3)(ii), or (a)(3)(iii) of this section. The

situation described in paragraph (a)(3)(i)

of this section is distinct from those

situations described in paragraphs

(a)(3)(ii) and (a)(3)(iii) of this section

and from any situation described in

paragraph (i) of this section.

(i) At a site without HAP emission

points before June 12, 1995 (i.e., a

‘‘greenfield’’ site), each group of one or

more EPPU and associated equipment,

as listed in paragraph (a)(4) of this

section, that is manufacturing the same

primary product and that is part of a

major source on which construction

commenced after June 12, 1995;

(ii) A group of one or more EPPU

meeting the criteria in paragraph (i)(1)(i)

of this section; or

(iii) A reconstructed affected source

meeting the criteria in paragraph (i)(2)(i)

of this section.

(4) Emission points and equipment.

The affected source also includes the

emission points and equipment

specified in paragraphs (a)(4)(i) through

(a)(4)(iv) of this section that are

associated with each applicable group of

one or more EPPU constituting an

affected source.

(i) Each waste management unit.

(ii) Maintenance wastewater.

(iii) Each heat exchange system.

(iv) Equipment required by, or

utilized as a method of compliance

with, this subpart which may include

control devices and recovery devices.

(5) EPPUs and associated equipment,

as listed in paragraph (a)(4) of this

section, that are located at plant sites

that are not major sources are neither

affected sources nor part of an affected

source.

(b) EPPUs without organic HAP. The

owner or operator of an EPPU that is

part of an affected source, as defined in

paragraph (a) of this section, but that

does not use or manufacture any organic

HAP shall comply with the

requirements of either paragraph (b)(1)

or (b)(2) of this section. Such an EPPU

is not subject to any other provision of

this subpart and is not required to

comply with the provisions of subpart A

of this part.

(1) Retain information, data, and

analyses used to document the basis for

the determination that the EPPU does

not use or manufacture any organic

HAP. Types of information that could

document this determination include,

but are not limited to, records of

chemicals purchased for the process,

analyses of process stream composition,

engineering calculations, or process

knowledge.

(2) When requested by the

Administrator, demonstrate that the

EPPU does not use or manufacture any

organic HAP.

(c) Emission points not subject to the

provisions of this subpart. The affected

source includes the emission points

listed in paragraphs (c)(1) through (c)(9)

of this section, but these emission

points are not subject to the

requirements of this subpart or to the

provisions of subpart A of this part.

(1) Equipment that does not contain

organic HAP and is located at an EPPU

that is part of an affected source;

(2) Stormwater from segregated

sewers;

(3) Water from fire-fighting and

deluge systems in segregated sewers;

(4) Spills;

(5) Water from safety showers;

(6) Water from testing of deluge

systems;

(7) Water from testing of firefighting

systems;

(8) Vessels and equipment storing

and/or handling material that contains

no organic HAP or organic HAP as

impurities only; and

(9) Equipment that is intended to

operate in organic HAP service for less

than 300 hours during the calendar year.

(d) Processes exempted from the

affected source. Research and

development facilities are exempted

from the affected source.

(e) Applicability determination of

elastomer equipment included in a

process unit producing a non-elastomer

product. If an elastomer product that is

subject to this subpart is produced

within a process unit that is subject to

subpart JJJ of this part, and at least 50

percent of the elastomer is used in the

production of the product manufactured

by the subpart JJJ process unit, the unit

operations involved in the production of

the elastomer are considered part of the

process unit that is subject to subpart JJJ,

and not this subpart.

(f) Primary product determination and

applicability. An owner or operator of a

process unit that produces or plans to

produce an elastomer product shall

determine if the process unit is subject

to this subpart in accordance with this

paragraph. The owner or operator shall

initially determine whether a process

unit is designated as an EPPU and

subject to the provisions of this subpart

in accordance with either paragraph

(f)(1) or (f)(2) of this section. The owner

or operator of a flexible operation unit

that was not initially designated as an

EPPU, but in which an elastomer

product is produced, shall conduct an

annual re-determination of the

applicability of this subpart in

accordance with paragraph (f)(3) of this

section. Owners or operators that

anticipate the production of an

elastomer product in a process unit that

was not initially designated as an EPPU,

and in which no elastomer products are

currently produced, shall determine if

the process unit is subject to this

subpart in accordance with paragraph

(f)(4) of this section. Paragraphs (f)(3)

and (f)(5) through (f)(7) of this section

discuss compliance only for flexible

operation units. Other paragraphs apply

to all process units, including flexible

operation units, unless otherwise noted.

Paragraph (f)(8) of this section contains

reporting requirements associated with

the applicability determinations.

Paragraphs (f)(9) and (f)(10) describe

criteria for removing the EPPU

designation from a process unit.

(1) Initial determination. The owner

or operator shall initially determine if a

process unit is subject to the provisions

of this subpart based on the primary

product of the process unit in

accordance with paragraphs (f)(1)(i)

through (iii) of this section. If the

process unit never uses or manufactures

any organic HAP, regardless of the

outcome of the primary product

determination, the only requirements of

this subpart that might apply to the

process unit are contained in paragraph

(b) of this section. If a flexible operation

unit does not use or manufacture any

organic HAP during the manufacture of

one or more products, paragraph (f)(5)(i)

of this section applies to that flexible

operation unit.

(i) If a process unit only manufactures

one product, then that product shall

represent the primary product of the

process unit.

(ii) If a process unit produces more

than one intended product at the same

time, the primary product shall be

determined in accordance with

paragraph (f)(1)(ii)(A) or (B) of this

section.

(A) The product for which the process

unit has the greatest annual design

capacity on a mass basis shall represent

the primary product of the process unit,

or

(B) If a process unit has the same

maximum annual design capacity on a

38038 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

mass basis for two or more products,

and if one of those products is an

elastomer product, then the elastomer

product shall represent the primary

product of the process unit.

(iii) If a process unit is designed and

operated as a flexible operation unit, the

primary product shall be determined as

specified in paragraphs (f)(1)(iii)(A) or

(B) of this section based on the

anticipated operations for the 5 years

following September 5, 1996 at existing

process units, or for the first year after

the process unit begins production of

any product for new process units. If

operations cannot be anticipated

sufficiently to allow the determination

of the primary product for the specified

period, applicability shall be

determined in accordance with

paragraph (f)(2) of this section.

(A) If the flexible operation unit will

manufacture one product for the greatest

operating time over the specified five

year period for existing process units, or

the specified one year period for new

process units, then that product shall

represent the primary product of the

flexible operation unit.

(B) If the flexible operation unit will

manufacture multiple products equally

based on operating time, then the

product with the greatest expected

production on a mass basis over the

specified five year period for existing

process units, or the specified one year

period for new process units shall

represent the primary product of the

flexible operation unit.

(iv) If, according to paragraph (f)(1)(i),

(ii), or (iii) of this section, the primary

product of a process unit is an elastomer

product, then that process unit shall be

designated as an EPPU. That EPPU and

associated equipment, as listed in

paragraph (a)(4) of this section, is either

an affected source, or part of an affected

source comprised of other EPPU and

associated equipment, as listed in

paragraph (a)(4) of this section, subject

to this subpart with the same primary

product at the same plant site that is a

major source. If the primary product of

a process unit is determined to be a

product that is not an elastomer

product, then that process unit is not an

EPPU.

(2) If the primary product cannot be

determined for a flexible operation unit

in accordance with paragraph (f)(1)(iii)

of this section, applicability shall be

determined in accordance with this

paragraph.

(i) If the owner or operator cannot

determine the primary product in

accordance with paragraph (f)(1)(iii) of

this section, but can determine that an

elastomer product is not the primary

product, then that flexible operation

unit is not an EPPU.

(ii) If the owner or operator cannot

determine the primary product in

accordance with paragraph (f)(1)(iii) of

this section, and cannot determine that

an elastomer product is not the primary

product as specified in paragraph

(f)(2)(i) of this section, applicability

shall be determined in accordance with

paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) of

this section.

(A) If the flexible operation unit is an

existing process unit, the flexible

operation unit shall be designated as an

EPPU if an elastomer product was

produced for 5 percent or greater of the

total operating time of the flexible

operation unit since March 9, 1999.

That EPPU and associated equipment,

as listed in paragraph (a)(4) of this

section, is either an affected source, or

part of an affected source comprised of

other EPPU and associated equipment,

as listed in paragraph (a)(4) of this

section, subject to this subpart with the

same primary product at the same plant

site that is a major source. For a flexible

operation unit that is designated as an

EPPU in accordance with this

paragraph, the elastomer product

produced for the greatest amount of

time since March 9, 1999 shall be

designated as the primary product of the

EPPU.

(B) If the flexible operation unit is a

new process unit, the flexible operation

unit shall be designated as an EPPU if

the owner or operator anticipates that an

elastomer product will be manufactured

in the flexible operation unit at any time

in the first year after the date the unit

begins production of any product. That

EPPU and associated equipment, as

listed in paragraph (a)(4) of this section,

is either an affected source, or part of an

affected source comprised of other

EPPU and associated equipment, as

listed in paragraph (a)(4) of this section,

subject to this subpart with the same

primary product at the same plant site

that is a major source. For a process unit

that is designated as an EPPU in

accordance with this paragraph, the

elastomer product that will be produced

shall be designated as the primary

product of the EPPU. If more than one

elastomer product will be produced, the

owner or operator may select which

elastomer product is designated as the

primary product.

(3) Annual applicability

determination for non-EPPUs that have

produced an elastomer product. Once

per year beginning September 5, 2001,

the owner or operator of each flexible

operation unit that is not designated as

an EPPU, but that has produced an

elastomer product at any time in the

preceding five-year period or since the

date that the unit began production of

any product, whichever is shorter, shall

perform the evaluation described in

paragraphs (f)(3)(i) through (f)(3)(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 (f)(9) of this

section, is not required to perform the

evaluation described in paragraphs

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

(i) For each product produced in the

flexible operation unit, the owner or

operator shall calculate the percentage

of total operating time over which the

product was produced during the

preceding five-year period.

(ii) The owner or operator shall

identify the primary product as the

product with the highest percentage of

total operating time for the preceding

five-year period.

(iii) If the primary product identified

in paragraph (f)(3)(ii) is an elastomer

product, the flexible operation unit shall

be designated as an EPPU. The owner or

operator shall notify the Administrator

no later than 45 days after determining

that the flexible operation unit is an

EPPU, and shall comply with the

requirements of this subpart in

accordance with paragraph (i)(1) of this

section for the flexible operation unit.

(4) Applicability determination for

non-EPPUs that have not produced an

elastomer product. The owner or

operator that anticipates the production

of an elastomer product in a process

unit that is not designated as an EPPU,

and in which no elastomer products

have been produced in the previous 5

year period or since the date that the

process unit began production of any

product, whichever is shorter, shall

determine if the process unit is subject

to this subpart in accordance with

paragraphs (f)(4)(i) and (ii) of this

section. Also, owners or operators who

have notified the Administrator that a

process unit is not an EPPU in

accordance with paragraph (f)(9) of this

section, that now anticipate the

production of an elastomer product in

the process unit, shall determine if the

process unit is subject to this subpart in

accordance with paragraphs (f)(4)(i) and

(ii) of this section.

(i) The owner or operator shall use the

procedures in paragraph (f)(1) or (f)(2) of

this section to determine if the process

unit is designated as an EPPU, with the

following exception: for existing process

units that are determining the primary

product in accordance with paragraph

(f)(1)(iii) of this section, production

shall be projected for the five years

following the date that the owner or

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38039

operator anticipates initiating the

production of an elastomer product.

(ii) If the unit is designated as an

EPPU in accordance with paragraph

(f)(4)(i) of this section, the owner or

operator shall comply in accordance

with paragraph (i)(1) of this section.

(5) Compliance for flexible operation

units. Owners or operators of EPPUs

that are flexible operation units shall

comply with the standards specified for

the primary product, with the

exceptions provided in paragraphs

(f)(5)(i) and (f)(5)(ii) of this section.

(i) Whenever a flexible operation unit

manufactures a product in which no

organic HAP is used or manufactured,

the owner or operator is only required

to comply with either paragraph (b)(1)

or (b)(2) of this section to demonstrate

compliance for activities associated

with the manufacture of that product.

This subpart does not require

compliance with the provisions of

subpart A of this part for activities

associated with the manufacture of a

product that meets the criteria of

paragraph (b) of this section.

(ii) Whenever a flexible operation unit

manufactures a product that makes it

subject to subpart GGG of this part, the

owner or operator is not required to

comply with the provisions of this

subpart during the production of that

product.

(6) Owners or operators of EPPUs that

are flexible operation units have the

option of determining the group status

of each emission point associated with

the flexible operation unit, in

accordance with either paragraph

(f)(6)(i) or (f)(6)(ii) of this section, with

the exception of batch front-end process

vents. For batch front-end process vents,

the owner or operator shall determine

the group status in accordance with

§ 63.488.

(i) The owner or operator may

determine the group status of each

emission point based on emission point

characteristics when the primary

product is being manufactured.

(ii) The owner or operator may

determine the group status of each

emission point separately for each

product produced by the flexible

operation unit. For each product, the

group status shall be determined using

the emission point characteristics when

that product is being manufactured and

using the Group 1 criteria specified for

the primary product. (Note: Under this

scenario, it is possible that the group

status, and therefore the requirement to

achieve emission reductions, for an

emission point may change depending

on the product being manufactured.)

(7) Owners or operators determining

the group status of emission points in

flexible operation units based solely on

the primary product in accordance with

paragraph (f)(6)(i) of this section shall

establish parameter monitoring levels,

as required, in accordance with either

paragraph (f)(7)(i) or (f)(7)(ii) of this

section. Owners or operators

determining the group status of

emission points in flexible operation

units based on each product in

accordance with paragraph (f)(6)(ii) of

this section shall establish parameter

monitoring levels, as required, in

accordance with paragraph (f)(7)(i) of

this section.

(i) Establish separate parameter

monitoring levels in accordance with

§ 63.505(a) for each individual product.

(ii) Establish a single parameter

monitoring level (for each parameter

required to be monitored at each device

subject to monitoring requirements) in

accordance with § 63.505(a) that would

apply for all products.

(8) Reporting requirements. When it is

determined that a process unit is an

EPPU and subject to the requirements of

this subpart, the Notification of

Compliance Status required by

§ 63.506(e)(5) shall include the

information specified in paragraphs

(f)(8)(i) and (f)(8)(ii) of this section, as

applicable. If it is determined that the

process unit is not subject to this

subpart, the owner or operator shall

either retain all information, data, and

analysis used to document the basis for

the determination that the primary

product is not an elastomer product, or,

when requested by the Administrator,

demonstrate that the process unit is not

subject to this subpart.

(i) If the EPPU manufactures only one

elastomer product, identification of that

elastomer product.

(ii) If the EPPU is designed and

operated as a flexible operation unit, the

information specified in paragraphs

(f)(8)(ii)(A) through (f)(8)(ii)(D) of this

section, as appropriate, shall be

submitted.

(A) If a primary product could be

determined, identification of the

primary product.

(B) Identification of which

compliance option, either paragraph

(f)(6)(i) or (f)(6)(ii) of this section, has

been selected by the owner or operator.

(C) If the option to establish separate

parameter monitoring levels for each

product in paragraph (f)(7)(i) of this

section is selected, the identification of

each product and the corresponding

parameter monitoring level.

(D) If the option to establish a single

parameter monitor level in paragraph

(f)(7)(ii) of this section is selected, the

parameter monitoring level for each

parameter.

(9) EPPUs terminating production of

all elastomer products. If an EPPU

terminates the production of all

elastomer products and does not

anticipate the production of any

elastomer products in the future, the

process unit is no longer an EPPU 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 elastomer

products will be produced in the

process unit in the future.

(10) Redetermination of applicability

to EPPUs that are flexible operation

units. Whenever changes in production

occur that could reasonably be expected

to change the primary product of an

EPPU that is operating as a flexible

operation unit from an elastomer

product to a product that would make

the process unit subject to another

subpart of this part, the owner or

operator shall re-evaluate the status of

the process unit as an EPPU in

accordance with paragraphs (f)(10)(i)

through (iii) of this section.

(i) For each product produced in the

flexible operation unit, the owner or

operator shall calculate the percentage

of total operating time in which the

product was produced for the preceding

five-year period, or since the date that

the process unit began production of

any product, whichever is shorter.

(ii) The owner or operator shall

identify the primary product as the

product with the highest percentage of

total operating time for the period.

(iii) If the conditions in (f)(10)(iii)(A)

through (C) of this section are met, the

flexible operation unit shall no longer

be designated as an EPPU after the

compliance date of the other subpart

and shall no longer be subject to the

provisions of this subpart after the date

that the process unit is required to be in

compliance with the provisions of the

other subpart of this part to which it is

subject. If the conditions in paragraphs

(f)(10)(iii)(A) through (C) of this section

are not met, the flexible operation unit

shall continue to be considered an EPPU

and subject to the requirements of this

subpart.

(A) The product identified in

(f)(10)(ii) of this section is not an

elastomer product; and

(B) The production of the product

identified in (f)(10)(ii) of this section is

subject to another subpart of this part;

and

(C) The owner or operator submits a

notification to the Administrator of the

pending change in applicability.

(g) Storage vessel ownership

determination. The owner or operator

shall follow the procedures specified in

38040 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

paragraphs (g)(1) through (g)(7) of this

section to determine to which process

unit a storage vessel shall be assigned.

Paragraph (g)(8) of this section specifies

when an owner or operator is required

to redetermine to which process unit a

storage vessel is assigned.

(1) If a storage vessel is already

subject to another subpart of 40 CFR

part 63 on September 5, 1996, that

storage vessel shall be assigned to the

process unit subject to the other subpart.

(2) If a storage vessel is dedicated to

a single process unit, the storage vessel

shall be assigned to that process unit.

(3) If a storage vessel is shared among

process units, then the storage vessel

shall be assigned to that process unit

located on the same plant site as the

storage vessel that has the greatest input

into or output from the storage vessel

(i.e., the process unit that has the

predominant use of the storage vessel.)

(4) If predominant use cannot be

determined for a storage vessel that is

shared among process units and if only

one of those process units is an EPPU

subject to this subpart, the storage vessel

shall be assigned to that EPPU.

* * * * *

(6) If the predominant use of a storage

vessel varies from year to year, then

predominant use shall be determined

based on the utilization that occurred

during the year preceding September 5,

1996 or based on the expected

utilization for the 5 years following

September 5, 1996, whichever is more

representative of the expected

operations for that storage vessel for

existing affected sources, and based on

the expected utilization for the first 5

years after initial start-up for new

affected sources. The determination of

predominant use shall be reported in

the Notification of Compliance Status,

as required by § 63.506(e)(5)(vii).

(7) Where a storage vessel is located

at a major source that includes one or

more process units which place material

into, or receive materials from the

storage vessel, but the storage vessel is

located in a tank farm (including a

marine tank farm), the applicability of

this subpart shall be determined

according to the provisions in

paragraphs (g)(7)(i) through (g)(7)(iv) of

this section.

(i) The storage vessel may only be

assigned to a process unit that utilizes

the storage vessel and does not have an

intervening storage vessel for that

product (or raw material, as

appropriate). With respect to any

process unit, an intervening storage

vessel means a storage vessel connected

by hard-piping both to the process unit

and to the storage vessel in the tank

farm so that product or raw material

entering or leaving the process unit

flows into (or from) the intervening

storage vessel and does not flow directly

into (or from) the storage vessel in the

tank farm.

(ii) If there is no process unit at the

major source that meets the criteria of

paragraph (g)(7)(i) of this section with

respect to a storage vessel, this subpart

does not apply to the storage vessel.

(iii) If there is only one process unit

at the major source that meets the

criteria of paragraph (g)(7)(i) of this

section with respect to a storage vessel,

the storage vessel shall be assigned to

that process unit. Applicability of this

subpart to the storage vessel shall then

be determined according to the

provisions of paragraph (a) of this

section.

(iv) If there are two or more process

units at the major source that meet the

criteria of paragraph (g)(7)(i) of this

section with respect to a storage vessel,

the storage vessel shall be assigned to

one of those process units according to

the provisions of paragraphs (g)(3)

through (g)(6) of this section. The

predominant use shall be determined

among only those process units that

meet the criteria of paragraph (g)(7)(i) of

this section.

(8) If the storage vessel begins

receiving material from (or sending

material to) a process unit that was not

included in the initial determination, or

ceases to receive material from (or send

material to) a process unit that was

included in the initial determination,

the owner or operator shall reevaluate

the applicability of this subpart to that

storage vessel.

(h) Recovery operations equipment

ownership determination. The owner or

operator shall follow the procedures

specified in paragraphs (h)(1) through

(h)(6) of this section to determine to

which process unit recovery operations

equipment shall be assigned. Paragraph

(h)(7) of this section specifies when an

owner or operator is required to

redetermine to which process unit the

recovery operations equipment is

assigned.

(1) If recovery operations equipment

is already subject to another subpart of

40 CFR part 63 on September 5, 1996,

that recovery operations equipment

shall be assigned to the process unit

subject to the other subpart.

(2) If recovery operations equipment

is dedicated to a single process unit, the

recovery operations equipment shall be

assigned to that process unit.

(3) If recovery operations equipment

is shared among process units, then the

recovery operations equipment shall be

assigned to that process unit located on

the same plant site as the recovery

operations equipment that has the

greatest input into or output from the

recovery operations equipment (i.e., that

process unit has the predominant use of

the recovery operations equipment).

(4) If predominant use cannot be

determined for recovery operations

equipment that is shared among process

units and if one of those process units

is an EPPU subject to this subpart, the

recovery operations equipment shall be

assigned to the EPPU subject to this

subpart.

* * * * *

(6) If the predominant use of recovery

operations equipment varies from year

to year, then the predominant use shall

be determined based on the utilization

that occurred during the year preceding

September 5, 1996 for existing affected

sources or based on the expected

utilization for the 5 years following

September 5, 1996 for existing affected

sources, whichever is the more

representative of the expected

operations for the recovery operations

equipment, and based on the expected

utilization for the first 5 years after

initial start-up for new affected sources.

The determination of predominant use

shall be reported in the Notification of

Compliance Status, as required by

§ 63.506(e)(5)(viii).

(7) If a piece of recovery operations

equipment begins receiving material

from a process unit that was not

included in the initial determination, or

ceases to receive material from a process

unit that was included in the initial

determination, the owner or operator

shall reevaluate the applicability of this

subpart to that recovery operations

equipment.

(i) Changes or additions to plant sites.

The provisions of paragraphs (i)(1)

through (i)(4) of this section apply to

owners or operators that change or add

to their plant site or affected source.

Paragraph (i)(5) provides examples of

what are and are not considered process

changes for purposes of paragraph (i) of

this section. Paragraph (i)(6) of this

section discusses reporting

requirements.

(1) Adding an EPPU to a plant site.

The provisions of paragraphs (i)(1)(i)

and (i)(1)(ii) of this section apply to

owners or operators that add one or

more EPPUs to a plant site.

(i) If a group of one or more EPPUs

that produce the same primary product

is added to a plant site, the added group

of one or more EPPUs and 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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38041

in this subpart upon initial start-up or

by June 19, 2000, whichever is later, if

the added group of one or more EPPUs

meets the criteria in either paragraph

(i)(1)(i)(A) or (i)(1)(i)(B) of this section,

and if the criteria in either paragraph

(i)(1)(i)(C) or (i)(1)(i)(D) of this section

are met.

(A) The construction of the group of

one or more EPPUs commenced after

June 12, 1995.

(B) The construction or

reconstruction, for process units that

have become EPPUs, commenced after

June 12, 1995.

(C) The group of one or more EPPUs

and associated equipment, as listed in

paragraph (a)(4) of this section, has the

potential to emit 10 tons per year or

more of any HAP or 25 tons per year or

more of any combination of HAP, and

the primary product of the group of one

or more EPPUs is currently produced at

the plant site as the primary product of

an affected source; or

(D) The primary product of the group

of one or more EPPUs is not currently

produced at the plant site as the primary

product of an affected source, and the

plant site meets, or after the addition of

the group of one or more EPPUs and

associated equipment, as listed in

paragraph (a)(4) of this section, will

meet the definition of a major source.

(ii) If a group of one or more EPPUs

that produce the same primary product

is added to a plant site, and the group

of one or more EPPUs does not meet the

criteria specified in paragraph (i)(1)(i) of

this section, and the plant site meets, or

after the addition will meet, the

definition of a major source, the group

of one or more EPPUs and associated

equipment, as listed in paragraph (a)(4)

of this section, shall comply with the

requirements for an existing affected

source in this subpart upon initial startup; by June 19, 2001; or by 6 months

after notifying the Administrator that a

process unit has been designated as an

EPPU (in accordance with paragraph

(f)(3)(iii) of this section), whichever is

later.

(2) * * *

(i) If any components are replaced at

an existing affected source such that the

criteria specified in paragraphs

(i)(2)(i)(A) through (i)(2)(i)(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 19, 2000, whichever

is later.

(A) The replacement of components

meets the definition of reconstruction in

§ 63.482(b); and

* * * * *

(ii) If any components are replaced at

an existing affected source such that the

criteria specified in paragraphs

(i)(2)(i)(A) and (i)(2)(i)(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, back-end process

operations subject to §§ 63.493 and

63.500, and heat exchange systems and

equipment leak components subject

§ 63.502), 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 § 63.481

(i.e., July 31, 1997 for most equipment

leak components subject to § 63.502,

and June 19, 2001 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,

back-end process operations subject to

§§ 63.493 through 63.500, and heat

exchange systems and equipment leak

components subject to § 63.502), 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 120 days after the date of

initial start-up or by the appropriate

compliance date specified in § 63.481

(i.e., July 31, 1997 for most equipment

leak components subject to § 63.502,

and June 19, 2001 for emission points

other than equipment leaks), whichever

is later.

(3) Existing affected source

requirements for surge control vessels

and bottoms receivers that become

subject to subpart H requirements. If a

process change or the addition of an

emission point causes a surge control

vessel or bottoms receiver to become

subject to § 63.170 under this paragraph

(i), the owner or operator shall be in

compliance upon initial start-up or by

June 19, 2001, whichever is later.

(4) Existing affected source

requirements for compressors that

become subject to subpart H

requirements. If a process change or the

addition of an emission point causes a

compressor to become subject to

§ 63.164 under this paragraph (i), the

owner or operator shall be in

compliance upon initial start-up or by

the compliance date for that

compressor, as specified in § 63.481(d),

whichever is later.

(5) Determining what are and are not

process changes. For purposes of

paragraph (i) of this section, examples of

process changes include, but are not

limited to, changes in feedstock type or

process catalyst type, or whenever the

replacement, removal, or addition of

recovery equipment, or equipment

changes that increase production

capacity. For purposes of paragraph (i)

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.

(6) Reporting requirements for owners

or operators that change or add to their

plant site or affected source. Owners or

operators that change or add to their

plant site or affected source, as

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

of this section, shall submit a report as

specified in § 63.506(e)(7)(v).

(j) Applicability of this subpart during

periods of start-up, shutdown,

malfunction, or non-operation.

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

section shall be followed during periods

of start-up, shutdown, malfunction, or

non-operation of the affected source or

any part thereof.

(1) The emission limitations set forth

in this subpart and the emission

limitations referred to in this subpart

shall apply at all times except during

periods of non-operation of the affected

source (or specific portion thereof)

resulting in cessation of the emissions to

which this subpart applies. The

emission limitations of this subpart and

the emission limitations referred to in

this subpart shall not apply during

periods of start-up, shutdown, or

malfunction, except as provided in

paragraphs (j)(3) and (j)(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

§ 63.506(b)(1). However, if a start-up,

shutdown, malfunction, or period of

non-operation of one portion of an

affected source does not affect the

ability of a particular emission point to

comply with the emission limitations to

which it is subject, then that emission

point shall still be required to comply

with the applicable emission limitations

of this subpart during the start-up,

shutdown, malfunction, or period of

non-operation. For example, if there is

38042 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

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

emission limitations in § 63.484.

Similarly, the degassing of a storage

vessel would not affect the ability of a

batch front-end process vent to meet the

emission limitations of §§ 63.486

through 63.492.

(2) The emission limitations set forth

in subpart H of this part, as referred to

in § 63.502, shall apply at all times

except during periods of non-operation

of the affected source (or specific

portion thereof) in which the lines are

drained and depressurized resulting in

cessation of the emissions to which

§ 63.502 applies, or during periods of

start-up, shutdown, malfunction, or

process unit shutdown (as defined in

§ 63.161).

(3) The owner or operator shall not

shut down items of equipment that are

required or utilized for compliance with

this subpart during periods of start-up,

shutdown, or malfunction during times

when emissions (or, where applicable,

wastewater streams or residuals) are

being routed to such items of equipment

if the shutdown would contravene

requirements of this subpart applicable

to such items of equipment. This

paragraph does not apply if the item of

equipment is malfunctioning. This

paragraph also does not apply if the

owner or operator shuts down the

compliance equipment (other than

monitoring systems) to avoid damage

due to a contemporaneous start-up,

shutdown, or malfunction of the

affected source or portion thereof. If the

owner or operator has reason to believe

that monitoring equipment would be

damaged due to a contemporaneous

start-up, shutdown, or malfunction of

the affected source or portion thereof,

the owner or operator shall provide

documentation supporting such a claim

in the Precompliance Report or in a

supplement to the Precompliance

Report, as provided for in § 63.506(e)(3).

Once approved by the Administrator in

accordance with § 63.506(e)(3)(viii), the

provision for ceasing to collect, during

a start-up, shutdown, or malfunction,

monitoring data that would otherwise

be required by the provisions of this

subpart must be incorporated into the

start-up, shutdown, malfunction plan

for that affected source, as stated in

§ 63.506(b)(1).

(4) During start-ups, shutdowns, and

malfunctions when the emission

limitations of this subpart do not apply

pursuant to paragraphs (j)(1) through

(j)(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. Back-up control devices are not

required, but may be used if available.

3. Section 63.481 is amended by:

a. Revising the section title;

b. Revising paragraph (a);

c. Revising paragraph (b);

d. Revising paragraph (c);

e. Revising paragraphs (d)

introductory text; (d)(1) introductory

text and (d)(2) introductory text;

f. Revising paragraphs (d)(2)(i),

(d)(2)(ii), and (d)(2)(iv);

i. Revising paragraph (d)(3);

j. Revising paragraph (d)(4)

introductory text;

k. Revising paragraph (d)(5);

l. Revising paragraph (d)(6);

m. Revising paragraph (e);

n. Revising paragraph (h)(2);

o. Revising paragraph (i);

p. Revising paragraph (j); and

q. Adding paragraphs (k), (l), and (m).

The revisions and additions read as

follows:

§ 63.481 Compliance dates and

relationship of this subpart to existing

applicable rules.

(a) Affected sources are required to

achieve compliance on or before the

dates specified in paragraphs (b)

through (d) of this section. Paragraph (e)

of this section provides information on

requesting compliance extensions.

Paragraphs (f) through (l) of this section

discuss the relationship of this subpart

to subpart A and to other applicable

rules. Where an override of another

authority of the Act is indicated in this

subpart, only compliance with the

provisions of this subpart is required.

Paragraph (m) of this section specifies

the meaning of time periods.

(b) New affected sources that

commence construction or

reconstruction after June 12, 1995 shall

be in compliance with this subpart upon

initial start-up or by June 19, 2000,

whichever is later.

(c) Existing affected sources shall be

in compliance with this subpart (except

for § 63.502 for which compliance is

covered by paragraph (d) of this section)

no later than June 19, 2001, as provided

in § 63.6(c), unless an extension has

been granted as specified in paragraph

(e) of this section.

(d) Except as provided for in

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

section, existing affected sources shall

be in compliance with § 63.502 no later

than July 31, 1997, unless an extension

has been granted pursuant to paragraph

(e) of this section.

(1) Compliance with the compressor

provisions of § 63.164 shall occur no

later than September 5, 1997 for any

compressor meeting one or more of the

criteria in paragraphs (d)(1)(i) through

(d)(1)(iv) of this section, if the work can

be accomplished without a process unit

shutdown, as defined in § 63.161.

* * * * *

(2) Compliance with the compressor

provisions of § 63.164 shall occur no

later than March 5, 1998, for any

compressor meeting all the criteria in

paragraphs (d)(2)(i) through (d)(2)(iv) of

this section.

(i) The compressor meets one or more

of the criteria specified in paragraphs

(d)(1)(i) through (d)(1)(iv) of this

section;

(ii) The work can be accomplished

without a process unit shutdown as

defined in § 63.161;

* * * * *

(iv) The owner or operator submits

the request for a compliance extension

to the appropriate U.S. Environmental

Protection Agency (EPA) Regional

Office at the address listed in § 63.13 no

later than 45 days before the compliance

date. The request for a compliance

extension shall contain the information

specified in § 63.6(i)(6)(i)(A), (B), and

(D). Unless the EPA Regional Office

objects to the request for a compliance

extension within 30 days after receipt of

the request, the request shall be deemed

approved.

(3) If compliance with the compressor

provisions of § 63.164 cannot reasonably

be achieved without a process unit

shutdown, the owner or operator shall

achieve compliance no later than

September 5, 1998. The owner or

operator who elects to use this provision

shall submit a request for an extension

of compliance in accordance with the

requirements of paragraph (d)(2)(iv) of

this section.

(4) Compliance with the compressor

provisions of § 63.164 shall occur no

later than September 5, 1999 for any

compressor meeting one or more of the

criteria in paragraphs (d)(4)(i) through

(d)(4)(iii) of this section. The owner or

operator who elects to use these

provisions shall submit a request for an

extension of compliance in accordance

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38043

with the requirements of paragraph

(d)(2)(iv) of this section.

* * * * *

(5) Compliance with the surge control

vessel and bottoms receiver provisions

of § 63.170 shall occur no later than

June 19, 2001.

(6) Compliance with the heat

exchange system provisions of § 63.104

shall occur no later than June 19, 2001.

(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,

except as provided in paragraph (e)(3) of

this section. The dates specified in

§ 63.6(i) for submittal of requests for

extensions shall not apply to this

subpart.

(1) A request for an extension of

compliance shall include the data

described in § 63.6(i)(6)(i)(A), (B), and

(D).

(2) The requirements in §§ 63.6(i)(8)

through 63.6(i)(14) shall govern the

review and approval of requests for

extensions of compliance with this

subpart.

(3) An owner or operator may submit

a compliance extension request after the

date specified in paragraph (e) of this

section, provided that the need for the

compliance extension arose after that

date, and the need arose due to

circumstances beyond reasonable

control of the owner or operator. This

request shall include, in addition to the

information specified in paragraph (e)(1)

of this section, a statement of the

reasons additional time is needed and

the date when the owner or operator

first learned of the circumstances

necessitating a request for a compliance

extension under this paragraph (e)(3).

* * * * *

(h) * * *

(2) Sources subject to 40 CFR part 63,

subpart I that have elected to comply

through a quality improvement

program, as specified in § 63.175 or

§ 63.176 or both, may elect to continue

these programs without interruption as

a means of complying with this subpart.

In other words, becoming subject to this

subpart does not restart or reset the

‘‘compliance clock’’ as it relates to

reduced burden earned through a

quality improvement program.

(i) After the compliance dates

specified in this section, a storage vessel

that is assigned to an affected source

subject to this subpart and that is also

subject to the provisions of 40 CFR part

60, subpart Kb is required to comply

only with the provisions of this subpart.

After the compliance dates specified in

this section, that storage vessel shall no

longer be subject to 40 CFR part 60,

subpart Kb.

(j) After the compliance dates

specified in this section, an affected

source subject to this subpart that is also

subject to the provisions of 40 CFR part

60, subpart VV, is required to comply

only with the provisions of this subpart.

After the compliance dates specified in

this section, the source shall no longer

be subject to 40 CFR part 60, subpart

VV.

(k) Applicability of other regulations

for monitoring, recordkeeping or

reporting with respect to combustion

devices, recovery devices, or recapture

devices. After the compliance dates

specified in this subpart, if any

combustion device, recovery device or

recapture device subject to this subpart

is also subject to monitoring,

recordkeeping, and reporting

requirements in 40 CFR part 264 subpart

AA or CC, or is subject to monitoring

and recordkeeping requirements in 40

CFR part 265 subpart AA or CC and the

owner or operator complies with the

periodic reporting requirements under

40 CFR part 264 subpart AA or CC that

would apply to the device if the facility

had final-permitted status, the owner or

operator may elect to comply either

with the monitoring, recordkeeping and

reporting requirements of this subpart,

or with the monitoring, recordkeeping

and reporting requirements in 40 CFR

parts 264 and/or 265, as described in

this paragraph, which shall constitute

compliance with the monitoring,

recordkeeping and reporting

requirements of this subpart. The owner

or operator shall identify which option

has been selected in the Notification of

Compliance Status required by

§ 63.506(e)(5).

(l) Applicability of other requirements

for heat exchange systems or waste

management units. Paragraphs (l)(1) and

(l)(2) of this section address instances in

which certain requirements from other

regulations also apply for the same heat

exchange system(s) or waste

management unit(s) that are subject to

this subpart.

(1) After the applicable compliance

date specified in this subpart, if a heat

exchange system subject to this subpart

is also subject to a standard identified

in paragraphs (l)(1)(i) or (ii) of this

section, compliance with the applicable

provisions of the standard identified in

paragraphs (l)(1)(i) or (ii) of this section

shall constitute compliance with the

applicable provisions of this subpart

with respect to that heat exchange

system.

(i) Subpart F of this part.

(ii) A subpart of this part which

requires compliance with § 63.104 (e.g.,

subpart JJJ of this part).

(2) After the applicable compliance

date specified in this subpart, if any

waste management unit subject to this

subpart is also subject to a standard

identified in paragraph (l)(2)(i) or (ii) of

this section, compliance with the

applicable provisions of the standard

identified in paragraph (l)(2)(i) or (ii) of

this section shall constitute compliance

with the applicable provisions of this

subpart with respect to that waste

management unit.

(i) Subpart G of this part.

(ii) A subpart of this part which

requires compliance with §§ 63.132

through 63.147 (e.g., subpart JJJ of this

part).

(m) All terms in this subpart that

define a period of time for completion

of required tasks (e.g., monthly,

quarterly, annual), unless specified

otherwise in the section or paragraph

that imposes the requirement, refer to

the standard calendar periods.

(1) Notwithstanding time periods

specified in this subpart for completion

of required tasks, such time periods may

be changed by mutual agreement

between the owner or operator and the

Administrator, as specified in subpart A

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

on the compliance date or another date,

rather than on the first day of the

standard calendar period). For each time

period that is changed by agreement, the

revised period shall remain in effect

until it is changed. A new request is not

necessary for each recurring period.

(2) Where the period specified for

compliance is a standard calendar

period, if the initial compliance date

occurs after the beginning of the period,

compliance shall be required according

to the schedule specified in paragraphs

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

appropriate.

(i) Compliance shall be required

before the end of the standard calendar

period within which the compliance

deadline occurs, if there remain at least

2 weeks for tasks that shall be

performed monthly, at least 1 month for

tasks that shall be performed each

quarter, or at least 3 months for tasks

that shall be performed annually; or

38044 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(ii) In all other cases, compliance

shall be required before the end of the

first full standard calendar period after

the period within which the initial

compliance deadline occurs.

(3) In all instances where a provision

of this subpart requires completion of a

task during each of multiple successive

periods, an owner or operator may

perform the required task at any time

during the specified period, provided

that the task is conducted at a

reasonable interval after completion of

the task during the previous period.

4. Section 63.482 is amended by:

a. Revising paragraph (a);

b. Amending paragraph (b) by revising

the definitions for ‘‘Aggregate batch vent

stream,’’ ‘‘Batch front-end process

vent,’’ ‘‘Batch process,’’ ‘‘Batch unit

operation,’’ ‘‘Compounding unit,’’

‘‘Continuous front-end process vent,’’

‘‘Continuous process,’’ ‘‘Continuous

unit operation,’’ ‘‘Control device,’’

‘‘Elastomer product,’’ ‘‘Elastomer

product process unit (EPPU),’’

‘‘Elastomer type,’’ ‘‘Emission point,’’

‘‘Emulsion process,’’ ‘‘Epichlorohydrin

elastomer,’’ ‘‘Ethylene-propylene

rubber,’’ ‘‘Front-end,’’ ‘‘Grade,’’ ‘‘Group

1 batch front-end process vent,’’ ‘‘Group

1 continuous front-end process vent,’’

‘‘Group 2 continuous front-end process

vent,’’ ‘‘Group 1 wastewater stream,’’

‘‘Halogenated continuous front-end

process vent,’’ ‘‘Nitrile butadiene

rubber,’’ ‘‘Organic hazardous air

pollutant(s) (organic HAP),’’ ‘‘Process

unit,’’ ‘‘Process vent,’’ ‘‘Product,’’

‘‘Recovery operations equipment,’’

‘‘Resin,’’ ‘‘Steady-state conditions,’’

‘‘Storage vessel,’’ ‘‘Supplemental

combustion air,’’ ‘‘Suspension process,’’

and ‘‘Total organic compounds (TOC)’’;

c. Amending paragraph (b) by

removing the definitions of ‘‘Average

flow rate,’’ ‘‘Batch cycle limitation,’’

‘‘Mass process,’’ ‘‘Material recovery

section,’’ ‘‘Month,’’ ‘‘Polybutadiene

rubber/styrene butadiene rubber by

solution,’’ ‘‘Polymerization reaction

section,’’ ‘‘Raw materials preparation

section,’’ ‘‘Solid state polymerization

unit,’’ ‘‘Stripping Technology,’’ and

‘‘Year,’’; and

d. Amending paragraph (b) by adding

definitions for the terms ‘‘Annual

average batch vent concentration,’’

‘‘Annual average batch vent flow rate,’’

‘‘Annual average concentration,’’

‘‘Annual average flow rate,’’ ‘‘Average

batch vent concentration,’’ ‘‘Average

batch vent flow rate’’, ‘‘Batch mass

input limitation,’’ ‘‘Batch mode,’’

‘‘Block polymer,’’ ‘‘Combined vent

stream,’’ ‘‘Construction,’’ ‘‘Continuous

mode,’’ ‘‘Continuous record,’’

‘‘Continuous recorder,’’ ‘‘Equipment,’’

‘‘Existing affected source,’’ ‘‘Existing

process unit,’’ ‘‘Flexible operation unit,’’

‘‘Glass transition temperature,’’

‘‘Highest-HAP recipe,’’ ‘‘Initial startup,’’ ‘‘Maintenance wastewater,’’

‘‘Maximum true vapor pressure,’’

‘‘Multicomponent system,’’ ‘‘New

process unit,’’ ‘‘On-site or on site,’’

‘‘Operating day,’’ ‘‘Polybutadiene rubber

by solution,’’ ‘‘Recipe,’’

‘‘Reconstruction,’’ ‘‘Recovery device,’’

‘‘Residual,’’ ‘‘Shutdown,’’ ‘‘Start-up,’’

‘‘Stripper,’’ ‘‘Stripping,’’ ‘‘Styrene

butadiene rubber by solution,’’ ‘‘Total

resource effectiveness index value or

TRE index value,’’ ‘‘Vent stream,’’

‘‘Waste management unit,’’

‘‘Wastewater,’’ and ‘‘Wastewater

stream.’’

The revisions and additions read as

follows:

§ 63.482 Definitions.

(a) The following terms used in this

subpart shall have the meaning given

them in § 63.2, § 63.101, § 63.111,

§ 63.161, or the Act, as specified after

each term:

Act (§ 63.2)

Administrator (§ 63.2)

Automated monitoring and recording

system (§ 63.111)

Boiler (§ 63.111)

Bottoms receiver (§ 63.161)

By compound (§ 63.111)

By-product (§ 63.101)

Car-seal (§ 63.111)

Closed-vent system (§ 63.111)

Combustion device (§ 63.111)

Commenced (§ 63.2)

Compliance date (§ 63.2)

Connector (§ 63.161)

Continuous monitoring system (§ 63.2)

Distillation unit (§ 63.111)

Duct work (§ 63.161)

Emission limitation (Section 302(k) of

the Act)

Emission standard (§ 63.2)

Emissions averaging (§ 63.2)

EPA (§ 63.2)

Equipment leak (§ 63.101)

External floating roof (§ 63.111)

Fill or filling (§ 63.111)

Fixed capital cost (§ 63.2)

Flame zone (§ 63.111)

Floating roof (§ 63.111)

Flow indicator (§ 63.111)

Fuel gas system (§ 63.101)

Halogens and hydrogen halides

(§ 63.111)

Hard-piping (§ 63.111)

Hazardous air pollutant (§ 63.2)

Heat exchange system (§ 63.101)

Impurity (§ 63.101)

Incinerator (§ 63.111)

In organic hazardous air pollutant

service or in organic HAP service

(§ 63.161)

Instrumentation system (§ 63.161)

Internal floating roof (§ 63.111)

Lesser quantity (§ 63.2)

Major source (§ 63.2)

Malfunction (§ 63.2)

Oil-water separator or organic-water

separator (§ 63.111)

Open-ended valve or line (§ 63.161)

Operating permit (§ 63.101)

Organic monitoring device (§ 63.111)

Owner or operator (§ 63.2)

Performance evaluation (§ 63.2)

Performance test (§ 63.2)

Permitting authority (§ 63.2)

Plant site (§ 63.101)

Potential to emit (§ 63.2)

Pressure release (§ 63.161)

Primary fuel (§ 63.111)

Process heater (§ 63.111)

Process unit shutdown (§ 63.161)

Process wastewater (§ 63.101)

Process wastewater stream (§ 63.111)

Reactor (§ 63.111)

Recapture device (§ 63.101)

Repaired (§ 63.161)

Research and development facility

(§ 63.101)

Routed to a process or route to a process

(§ 63.161)

Run (§ 63.2)

Secondary fuel (§ 63.111)

Sensor (§ 63.161)

Specific gravity monitoring device

(§ 63.111)

Start-up, shutdown, and malfunction

plan (§ 63.101)

State (§ 63.2)

Stationary Source (§ 63.2)

Surge control vessel (§ 63.161)

Temperature monitoring device

(§ 63.111)

Test method (§ 63.2)

Treatment process (§ 63.111)

Unit operation (§ 63.101)

Visible emission (§ 63.2)

(b) * * *

Aggregate batch vent stream means a

gaseous emission stream containing

only the exhausts from two or more

batch front-end process vents that are

ducted, hard-piped, or otherwise

connected together for a continuous

flow.

Annual average batch vent

concentration is determined using

Equation 17, as described in

§ 63.488(h)(2) for halogenated

compounds.

Annual average batch vent flow rate

is determined by the procedures in

§ 63.488(e)(3).

Annual average concentration, as

used in the wastewater provisions,

means the flow-weighted annual

average concentration, as determined

according to the procedures specified in

§ 63.144(b), with the exceptions noted

in § 63.501, for the purposes of this

subpart.

Annual average flow rate, as used in

the wastewater provisions, means the

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38045

annual average flow rate, as determined

according to the procedures specified in

§ 63.144(c), with the exceptions noted in

§ 63.501, for the purposes of this

subpart.

Average batch vent concentration is

determined by the procedures in

§ 63.488(b)(5)(iii) for HAP

concentrations and is determined by the

procedures in § 63.488(h)(1)(iii) for

organic compounds containing halogens

and hydrogen halides.

Average batch vent flow rate is

determined by the procedures in

§ 63.488(e)(1) and (e)(2).

* * * * *

Batch front-end process vent means a

process vent with annual organic HAP

emissions greater than 225 kilograms

per year from a batch unit operation

within an affected source and located in

the front-end of a process unit. Annual

organic HAP emissions are determined

as specified in § 63.488(b) at the

location specified in § 63.488(a)(2).

Batch mass input limitation means an

enforceable restriction on the total mass

of HAP or material that can be input to

a batch unit operation in one year.

Batch mode means the discontinuous

bulk movement of material through a

unit operation. Mass, temperature,

concentration, and other properties may

vary with time. For a unit operation

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

unit operation), the addition of material

and withdrawal of material do not

typically occur simultaneously.

Batch process means, for the purposes

of this subpart, a process where the

reactor(s) is operated in a batch mode.

Batch unit operation means a unit

operation operated in a batch mode.

Block polymer means a polymer

where the polymerization is controlled,

usually by performing discrete

polymerization steps, such that the final

polymer is arranged in a distinct pattern

of repeating units of the same monomer.

* * * * *

Combined vent stream, as used in

reference to batch front-end process

vents, continuous front-end process

vents, and aggregate batch vent streams,

means the emissions from a

combination of two or more of the

aforementioned types of process vents.

The primary occurrence of a combined

vent stream is as combined emissions

from a continuous front-end process

vent and a batch front-end process vent.

* * * * *

Compounding unit means a unit

operation which blends, melts, and

resolidifies solid polymers for the

purpose of incorporating additives,

colorants, or stabilizers into the final

elastomer product. A unit operation

whose primary purpose is to remove

residual monomers from polymers is not

a compounding unit.

Construction means the on-site

fabrication, erection, or installation of

an affected source. Construction also

means the on-site fabrication, erection,

or installation of a process unit or

combination of process units which

subsequently becomes an affected

source or part of an affected source, due

to a change in primary product.

Continuous front-end process vent

means a process vent located in the

front-end of a process unit and

containing greater than 0.005 weight

percent total organic HAP from a

continuous unit operation within an

affected source. The total organic HAP

weight percent is determined after the

last recovery device, as described in

§ 63.115(a), and is determined as

specified in § 63.115(c).

Continuous mode means the

continuous movement of material

through a unit operation. Mass,

temperature, concentration, and other

properties typically approach steadystate conditions. For a unit operation

operated in a continuous mode (i.e.,

continuous unit operation), the

simultaneous addition of raw material

and withdrawal of product is typical.

Continuous process means, for the

purposes of this subpart, a process

where the reactor(s) is operated in a

continuous mode.

Continuous record means

documentation, either in hard copy or

computer readable form, of data values

measured at least once every 15 minutes

and recorded at the frequency specified

in § 63.506(d) or (h).

Continuous recorder means a data

recording device that either records an

instantaneous data value at least once

every 15 minutes or records 1–-hour or

more frequent block average values.

Continuous unit operation means a

unit operation operated in a continuous

mode.

Control device is defined in § 63.111,

except that the term ‘‘continuous frontend process vent’’ shall apply instead of

the term ‘‘process vent,’’ for the purpose

of this subpart.

* * * * *

Elastomer product means one of the

following types of products, as they are

defined in this section:

(1) Butyl Rubber;

(2) Halobutyl Rubber;

(3) Epichlorohydrin Elastomer;

(4) Ethylene Propylene Rubber;

(5) HypalonTM;

(6) Neoprene;

(7) Nitrile Butadiene Rubber;

(8) Nitrile Butadiene Latex;

(9) Polybutadiene Rubber/Styrene

Butadiene Rubber by Solution;

(10) Polysulfide Rubber;

(11) Styrene Butadiene Rubber by

Emulsion; and

(12) Styrene Butadiene Latex.

Elastomer product process unit

(EPPU) means a collection of equipment

assembled and connected by hardpiping or duct work, used to process

raw materials and to manufacture an

elastomer product as its primary

product. This collection of equipment

includes unit operations; recovery

operations equipment; process vents;

storage vessels, as determined in

§ 63.480(g); equipment that is identified

in § 63.149; and the equipment that is

subject to the equipment leak provisions

as specified in § 63.502. Utilities, lines

and equipment not containing process

fluids, and other non-process lines, such

as heating and cooling systems which

do not combine their materials with

those in the processes they serve, are

not part of an elastomer product process

unit. An elastomer product process unit

consists of more than one unit

operation.

Elastomer type means one of the

elastomers listed under ‘‘elastomer

product’’ in this section. Each elastomer

identified in that definition represents a

different elastomer type.

Emission point means an individual

continuous front-end process vent,

batch front-end process vent, back-end

process vent, storage vessel, waste

management unit, heat exchange

system, or equipment leak, or

equipment subject to § 63.149.

Emulsion process means a process

where the monomer(s) is dispersed in

droplets throughout a water phase, with

the aid of an emulsifying agent such as

soap or a synthetic emulsifier. The

polymerization occurs either within the

emulsion droplet or in the aqueous

phase.

Epichlorohydrin elastomer means an

elastomer formed from the

polymerization or copolymerization of

epichlorohydrin (EPI). The main

epichlorohydrin elastomers are

polyepichlorohydrin, epi-ethylene oxide

(EO) copolymer, epi-allyl glycidyl ether

(AGE) copolymer, and epi-EO-AGE

terpolymer. Epoxies produced by the

copolymerization of EPI and bisphenol

A are not epichlorohydrin elastomers.

Equipment means, for the purposes of

the provisions in § 63.502(a) through

(m) and the requirements in subpart H

that are referred to in § 63.502(a)

through (m), each pump, compressor,

agitator, pressure relief device, sampling

connection system, open-ended valve or

line, valve, connector, surge control

vessel, bottoms receiver, and

38046 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

instrumentation system in organic

hazardous air pollutant service; and any

control devices or systems required by

subpart H of this part.

Ethylene-propylene rubber means an

ethylene-propylene copolymer or an

ethylene-propylene terpolymer.

Ethylene-propylene copolymers (EPM)

result from the polymerization of

ethylene and propylene and contain a

saturated chain of the polymethylene

type. Ethylene-propylene terpolymers

(EPDM) are produced in a similar

manner as EPM, except that a third

monomer is added to the reaction

sequence. Typical third monomers

include ethylidene norbornene, 1,4-

hexadiene, or dicyclopentadiene.

Ethylidene norbornene is the most

commonly used. The production

process includes, but is not limited to,

polymerization, recycle, recovery, and

packaging operations. The

polymerization reaction may occur in

either a solution process or a suspension

process.

Existing affected source is defined in

§ 63.480(a)(3).

Existing process unit means any

process unit that is not a new process

unit.

* * * * *

Flexible operation unit means a

process unit that manufactures different

chemical products, polymers, or resins

periodically by alternating raw materials

or operating conditions. These units are

also referred to as campaign plants or

blocked operations.

Front-end refers to the unit operations

in an EPPU prior to, and including, the

stripping operations. For all gas-phased

reaction processes, all unit operations

are considered to be front-end.

* * * * *

Glass transition temperature means

the temperature at which an elastomer

polymer becomes rigid and brittle.

Grade means a group of recipes of an

elastomer type having similar

characteristics such as molecular

weight, monomer composition,

significant mooney values, and the

presence or absence of extender oil and/

or carbon black. More than one recipe

may be used to produce the same grade.

Group 1 batch front-end process vent

means a batch front-end process vent

releasing annual organic HAP emissions

greater than or equal to 11,800 kg/yr and

with a cutoff flow rate, calculated in

accordance with § 63.488(f), greater than

or equal to the annual average batch

vent flow rate. Annual organic HAP

emissions and annual average batch

vent flow rate are determined at the exit

of the batch unit operation, as described

in § 63.488(a)(2). Annual organic HAP

emissions are determined as specified in

§ 63.488(b), and annual average batch

vent flow rate is determined as specified

in § 63.488(e).

* * * * *

Group 1 continuous front-end process

vent means a continuous front-end

process vent for which the flow rate is

greater than or equal to 0.005 standard

cubic meter per minute, the total

organic HAP concentration is greater

than or equal to 50 parts per million by

volume, and the total resource

effectiveness index value, calculated

according to § 63.115, is less than or

equal to 1.0.

Group 2 continuous front-end process

vent means a continuous front-end

process vent for which the flow rate is

less than 0.005 standard cubic meter per

minute, the total organic HAP

concentration is less than 50 parts per

million by volume, or the total resource

effectiveness index value, calculated

according to § 63.115, is greater than

1.0.

* * * * *

Group 1 wastewater stream means a

wastewater stream consisting of process

wastewater from an existing or new

affected source that meets the criteria

for Group 1 status in § 63.132(c), with

the exceptions listed in § 63.501(a)(10)

for the purposes of this subpart (i.e., for

organic HAP listed on Table 5 of this

subpart only).

* * * * *

Halogenated continuous front-end

process vent means a continuous frontend process vent determined to have a

mass emission rate of halogen atoms

contained in organic compounds of 0.45

kg/hr or greater determined by the

procedures presented in

§ 63.115(d)(2)(v).

* * * * *

Highest-HAP recipe for a product

means the recipe of the product with the

highest total mass of HAP charged to the

reactor during the production of a single

batch of product.

* * * * *

Initial start-up means the first time a

new or reconstructed affected source

begins production of an elastomer

product, or, for equipment added or

changed as described in § 63.480(i), the

first time the equipment is put into

operation to produce an elastomer

product. Initial start-up does not

include operation solely for testing

equipment. Initial start-up does not

include subsequent start-ups of an

affected source or portion thereof

following malfunctions or shutdowns or

following changes in product for

flexible operation units or following

recharging of equipment in batch

operation. Further, for purposes of

§ 63.502, initial start-up does not

include subsequent start-ups of affected

sources or portions thereof following

malfunctions or process unit

shutdowns.

* * * * *

Maintenance wastewater is defined in

§ 63.101, except that the term

‘‘elastomer product process unit’’ shall

apply whenever the term ‘‘chemical

manufacturing process unit’’ is used.

Further, the generation of wastewater

from the routine rinsing or washing of

equipment in batch operation between

batches is not maintenance wastewater,

but is considered to be process

wastewater, for the purposes of this

subpart.

Maximum true vapor pressure is

defined in § 63.111, except that the

terms ‘‘transfer’’ and ‘‘transferred’’ shall

not apply for the purposes of this

subpart.

Multicomponent system means, as

used in conjunction with batch frontend process vents, a stream whose

liquid and/or vapor contains more than

one compound.

* * * * *

New process unit means a process

unit for which the construction or

reconstruction commenced after June

12, 1995.

* * * * *

Nitrile butadiene rubber means a

polymer consisting primarily of

unsaturated nitriles and dienes, usually

acrylonitrile and 1,3-butadiene, not

including nitrile butadiene latex.

On-site or on site means, with respect

to records required to be maintained by

this subpart or required by another

subpart referenced by this subpart, that

records are stored at a location within

a major source which encompasses the

affected source. On-site includes, but is

not limited to, storage at the affected

source or EPPU to which the records

pertain, or storage in central files

elsewhere at the major source.

Operating day means the period

defined by the owner or operator in the

Notification of Compliance Status

required by § 63.506(e)(5). The operating

day is the period for which daily

average monitoring values and batch

cycle daily average monitoring values

are determined.

Organic hazardous air pollutant(s)

(organic HAP) means one or more of the

chemicals listed in Table 5 of this

subpart or any other chemical which:

(1) Is knowingly produced or

introduced into the manufacturing

process other than as an impurity; and

(2) Is listed in Table 2 of subpart F of

this part.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38047

Polybutadiene rubber by solution

means a polymer of 1,3-butadiene

produced using a solution process.

* * * * *

Process unit means a collection of

equipment assembled and connected by

hard-piping or duct work, used to

process raw materials and to

manufacture a product.

Process vent means a gaseous

emission stream from a unit operation

that is discharged to the atmosphere

either directly or after passing through

one or more control, recovery, or

recapture devices. Unit operations that

may have process vents are condensers,

distillation units, reactors, or other unit

operations within the EPPU. Process

vents exclude pressure releases, gaseous

streams routed to a fuel gas system(s),

and leaks from equipment regulated

under § 63.502. A gaseous emission

stream is no longer considered to be a

process vent after the stream has been

controlled and monitored in accordance

with the applicable provisions of this

subpart.

Product means a polymer produced

using the same monomers and varying

in additives (e.g., initiators, terminators,

etc.); catalysts; or in the relative

proportions of monomers, that is

manufactured by a process unit. With

respect to polymers, more than one

recipe may be used to produce the same

product, and there can be more than one

grade of a product. As an example,

styrene butadiene latex and halobutyl

rubber each represent a different

product. Product also means a chemical

that is not a polymer, that is

manufactured by a process unit. Byproducts, isolated intermediates,

impurities, wastes, and trace

contaminants are not considered

products.

Recipe means a specific composition,

from among the range of possible

compositions that may occur within a

product, as defined in this section. A

recipe is determined by the proportions

of monomers and, if present, other

reactants and additives that are used to

make the recipe. For example, styrene

butadiene latex without additives;

styrene butadiene latex with an

additive; and styrene butadiene latex

with different proportions of styrene to

butadiene are all different recipes of the

same product, styrene butadiene latex.

Reconstruction means the addition of

new components or the replacement of

existing components at an affected

source or at a previously unaffected

stationary source that becomes an

affected source as a result of the change,

to such an extent that:

(1) The fixed capital cost of the new

components exceeds 50 percent of the

fixed capital cost that would be required

to construct a comparable new affected

source; and

(2) It is technologically and

economically feasible for the

reconstructed source to meet the

provisions of this subpart.

Recovery device means:

(1) An individual unit of equipment

capable of and normally used for the

purpose of recovering chemicals for:

(i) Use;

(ii) Reuse;

(iii) Fuel value (i.e., net heating

value); or

(iv) For sale for use, reuse, or fuel

value (i.e., net heating value).

(2) Examples of equipment that may

be recovery devices include absorbers,

carbon adsorbers, condensers, oil-water

separators or organic-water separators,

or organic removal devices such as

decanters, strippers, or thin film

evaporation units. For the purposes of

the monitoring, recordkeeping, or

reporting requirements of this subpart,

recapture devices are considered

recovery devices.

Recovery operations equipment

means the equipment used to separate

the components of process streams.

Recovery operations equipment

includes distillation units, condensers,

etc. Equipment used for wastewater

treatment and recovery or recapture

devices used as control devices shall not

be considered recovery operations

equipment.

Residual is defined in § 63.111, except

that when the definition in § 63.111

uses the term ‘‘Table 9 compounds,’’ the

term ‘‘organic HAP listed in Table 5 of

subpart U of this part’’ shall apply, for

the purposes of this subpart.

Resin, for the purposes of this subpart,

means a polymer with the following

characteristics:

(1) The polymer is a block polymer;

(2) The manufactured polymer does

not require vulcanization to make useful

products;

(3) The polymer production process is

operated to achieve at least 99 percent

monomer conversion; and

(4) The polymer process unit does not

recycle unreacted monomer back to the

process.

Shutdown means for purposes

including, but not limited to, periodic

maintenance, replacement of

equipment, or repair, the cessation of

operation of an affected source, an EPPU

within an affected source, a waste

management unit or unit operation

within an affected source, or equipment

required or used to comply with this

subpart, or the emptying or degassing of

a storage vessel. For purposes of the

wastewater provisions of § 63.501,

shutdown does not include the routine

rinsing or washing of equipment in

batch operation between batches. For

purposes of the batch front-end process

vent provisions in §§ 63.486 through

63.492, the cessation of equipment in

batch operation is not a shutdown,

unless the equipment undergoes

maintenance, is replaced, or is repaired.

* * * * *

Start-up means the setting into

operation of an affected source, an EPPU

within the affected source, a waste

management unit or unit operation

within an affected source, or equipment

required or used to comply with this

subpart, or a storage vessel after

emptying and degassing. For both

continuous and batch front-end

processes, start-up includes initial startup and operation solely for testing

equipment. For both continuous and

batch front-end processes, start-up does

not include the recharging of equipment

in batch operation. For continuous

front-end processes, start-up includes

transitional conditions due to changes

in product for flexible operation units.

For batch front-end processes, start-up

does not include transitional conditions

due to changes in product for flexible

operation units.

Steady-state conditions means that all

variables (temperatures, pressures,

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

not vary significantly with time; minor

fluctuations about constant mean values

may occur.

Storage vessel means a tank or other

vessel that is used to store liquids that

contain one or more organic HAP.

Storage vessels do not include:

(1) Vessels permanently attached to

motor vehicles such as trucks, railcars,

barges, or ships;

(2) Pressure vessels designed to

operate in excess of 204.9 kilopascals

and without emissions to the

atmosphere;

(3) Vessels with capacities smaller

than 38 cubic meters;

(4) Vessels and equipment storing

and/or handling material that contains

no organic HAP, or organic HAP as

impurities only;

(5) Surge control vessels and bottoms

receivers; and

(6) Wastewater storage tanks.

Stripper means a unit operation

where stripping occurs.

Stripping means the removal of

organic compounds from a raw

elastomer product. In the production of

an elastomer, stripping is a discrete step

that occurs after the reactors and before

the dryers (other than those dryers with

a primary purpose of devolitalization)

and other finishing operations.

38048 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

Examples of types of stripping include

steam stripping, direct volatilization,

chemical stripping, and other methods

of devolatilization. For the purposes of

this subpart, devolatilization that occurs

in dryers (other than those dryers with

a primary purpose of devolitalization),

extruders, and other finishing

operations is not stripping.

* * * * *

Styrene butadiene rubber by solution

means a polymer that consists primarily

of styrene and butadiene monomer units

and is produced using a solution

process.

Supplemental combustion air means

the air that is added to a vent stream

after the vent stream leaves the unit

operation. Air that is part of the vent

stream as a result of the nature of the

unit operation is not considered

supplemental combustion air. Air

required to operate combustion device

burner(s) is not considered

supplemental combustion air. Air

required to ensure the proper operation

of catalytic oxidizers, to include the

intermittent addition of air upstream of

the catalyst bed to maintain a minimum

threshold flow rate through the catalyst

bed or to avoid excessive temperatures

in the catalyst bed, is not considered to

be supplemental combustion air.

Suspension process means a

polymerization process where the

monomer(s) is in a state of suspension,

with the help of suspending agents in a

medium other than water (typically an

organic solvent). The resulting polymers

are not soluble in the reactor medium.

Total organic compounds (TOC)

means those compounds, excluding

methane and ethane, measured

according to the procedures of Method

18 or Method 25A, 40 CFR part 60,

appendix A.

Total resource effectiveness index

value or TRE index value means a

measure of the supplemental total

resource requirement per unit reduction

of organic HAP associated with a

continuous front-end process vent

stream, based on vent stream flow rate,

emission rate of organic HAP, net

heating value, and corrosion properties

(whether or not the continuous frontend process vent stream contains

halogenated compounds), as quantified

by the equations given under § 63.115,

with the exceptions noted in § 63.485.

Vent stream, as used in reference to

batch front-end process vents,

continuous front-end process vents, and

aggregate batch vent streams, means the

emissions from one or more process

vents.

Waste management unit is defined in

§ 63.111, except that where the

definition in § 63.111 uses the term

‘‘chemical manufacturing process unit,’’

the term ‘‘EPPU’’ shall apply for the

purposes of this subpart.

Wastewater means water that:

(1) Contains either:

(i) An annual average concentration of

organic HAP listed in Table 5 of this

subpart of at least 5 parts per million by

weight and has an annual average flow

rate of 0.02 liter per minute or greater;

or

(ii) An annual average concentration

of organic HAP listed on Table 5 of this

subpart of at least 10,000 parts per

million by weight at any flow rate; and

(2) Is discarded from an EPPU that is

part of an affected source. Wastewater is

process wastewater or maintenance

wastewater.

Wastewater stream means a stream

that contains wastewater as defined in

this section.

5. Section 63.483 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraph (b);

c. Revising paragraph (c); and

d. Adding paragraph (d).

The revisions and addition read as

follows:

§ 63.483 Emission standards.

(a) Except as allowed under

paragraphs (b) through (d) of this

section, the owner or operator of an

existing or new affected source shall

comply with the provisions in:

* * * * *

(b) When emissions of different kinds

(i.e., emissions from continuous frontend process vents, batch front-end

process vents, aggregate batch vent

streams, storage vessels, process

wastewater, and/or in-process

equipment subject to § 63.149) are

combined, and at least one of the

emission streams would be classified as

Group 1 in the absence of combination

with other emission streams, the owner

or operator of an affected source shall

comply with the requirements of either

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

as appropriate. For purposes of this

paragraph (b), owners or operators of

affected sources with combined

emission streams containing one or

more batch front-end process vents and

containing one or more continuous

front-end process vents may comply

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

this section, as appropriate. For

purposes of this paragraph (b), owners

or operators of affected sources with

combined emission streams containing

one or more batch front-end process

vents but not containing one or more

continuous process vents shall comply

with paragraph (b)(3) of this section.

(1) Comply with the applicable

requirements of this subpart for each

kind of emission in the stream as

specified in paragraphs (a)(1) through

(a)(6) of this section.

(2) Comply with the first set of

requirements, identified in paragraphs

(b)(2)(i) through (b)(2)(v) of this section,

which applies to any individual

emission stream that is included in the

combined stream, where either that

emission stream would be classified as

Group 1 in the absence of combination

with other emission streams, or the

owner or operator chooses to consider

that emission stream to be Group 1 for

purposes of this paragraph. Compliance

with the first applicable set of

requirements identified in paragraphs

(b)(2)(i) through (b)(2)(v) of this section

constitutes compliance with all other

requirements in paragraphs (b)(2)(i)

through (b)(2)(v) of this section

applicable to other types of emissions in

the combined stream.

(i) The requirements of this subpart

for Group 1 continuous front-end

process vents, including applicable

monitoring, recordkeeping, and

reporting;

(ii) The requirements of § 63.119(e), as

specified in § 63.484, for control of

emissions from Group 1 storage vessels,

including applicable monitoring,

recordkeeping, and reporting;

(iii) The requirements of § 63.139, as

specified in § 63.501, for control devices

used to control emissions from waste

management units, including applicable

monitoring, recordkeeping, and

reporting;

(iv) The requirements of § 63.139, as

specified in § 63.501, for closed vent

systems for control of emissions from

in-process equipment subject to

§ 63.149, as specified in § 63.501,

including applicable monitoring,

recordkeeping, and reporting; or

(v) The requirements of this subpart

for aggregate batch vent streams,

including applicable monitoring,

recordkeeping, and reporting.

(3) The owner or operator of an

affected source with combined emission

streams containing one or more batch

front-end process vents, but not

containing one or more continuous

front-end process vents, shall comply

with paragraphs (b)(3)(i) and (b)(3)(ii) of

this section.

(i) The owner or operator of the

affected source shall comply with

§ 63.486 for the batch front-end process

vent stream(s).

(ii) The owner or operator of the

affected source shall comply with either

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

as appropriate, for the remaining

emission streams.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38049

(c) Instead of complying with

§§ 63.484, 63.485, 63.493, and 63.501,

the owner or operator of an existing

affected source may elect to control any

or all of the storage vessels, continuous

front-end process vents, batch front-end

process vents, aggregate batch vent

streams, back-end process emissions,

and wastewater streams and associated

waste management units within the

affected source, to different levels using

an emissions averaging compliance

approach that uses the procedures

specified in § 63.503. The restrictions

concerning which emission points may

be included in an emissions average,

including how many emission points

may be included, are specified in

§ 63.503(a)(1). An owner or operator

electing to use emissions averaging shall

still comply with the provisions of

§§ 63.484, 63.485, 63. 486, 63.493, and

63.501 for affected source emission

points not included in the emissions

average.

(d) A State may decide not to allow

the use of the emissions averaging

compliance approach specified in

paragraph (c) of this section.

6. Section 63.484 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b)(2);

c. Revising paragraph (c);

d. Revising paragraph (d);

e. Revising paragraph (e);

f. Revising paragraph (f);

g. Revising paragraph (g);

h. Revising paragraph (h);

i. Revising paragraph (i) introductory

text;

j. Revising paragraph (i)(1);

k. Revising paragraph (j);

l. Revising paragraph (k);

m. Revising paragraph (l);

n. Revising paragraph (m);

o. Revising paragraph (n);

p. Revising paragraph (o);

q. Revising paragraph (p);

r. Revising paragraph (q);

s. Adding paragraph (r); and

t. Adding paragraph (s).

The revisions and additions read as

follows:

§ 63.484 Storage vessel provisions.

(a) This section applies to each

storage vessel that is assigned to an

affected source, as determined by

§ 63.480(g). Except for those storage

vessels exempted by paragraph (b) of

this section, the owner or operator of

affected sources shall comply with the

requirements of §§ 63.119 through

63.123 and 63.148, with the differences

noted in paragraphs (c) through (s) of

this section, for the purposes of this

subpart.

(b) * * *

(2) Storage vessels containing latex

products other than styrene-butadiene

latex, located downstream of the

stripping operations;

* * * * *

(c) When the term ‘‘storage vessel’’ is

used in §§ 63.119 through 63.123, the

definition of this term in § 63.482 shall

apply for the purposes of this subpart.

(d) When the term ‘‘Group 1 storage

vessel’’ is used in §§ 63.119 through

63.123, the definition of this term in

§ 63.482 shall apply for the purposes of

this subpart.

(e) When the term ‘‘Group 2 storage

vessel’’ is used in §§ 63.119 through

63.123, the definition of this term in

§ 63.482 shall apply for the purposes of

this subpart.

(f) When the emissions averaging

provisions of § 63.150 are referred to in

§ 63.119 and § 63.123, the emissions

averaging provisions contained in

§ 63.503 shall apply for the purposes of

this subpart.

(g) When December 31, 1992 is

referred to in § 63.119, June 12, 1995

shall apply instead, for the purposes of

this subpart.

(h) When April 22, 1994 is referred to

in § 63.119, June 19, 2000 shall apply

instead, for the purposes of this subpart.

(i) The owner or operator of an

affected source shall comply with this

paragraph instead of § 63.120(d)(1)(ii)

for the purposes of this subpart. If the

control device used to comply with

§ 63.119(e) is also used to comply with

any of the requirements found in

§§ 63.485 through 63.501, the

performance test required in or accepted

by the applicable requirements in

§§ 63.485 through 63.501 is acceptable

for demonstrating compliance with

§ 63.119(e), for the purposes of this

subpart. The owner or operator will not

be required to prepare a design

evaluation for the control device as

described in § 63.120(d)(1)(i), if the

performance test meets the criteria

specified in paragraphs (i)(1) and (i)(2)

of this section.

(1) The performance test demonstrates

that the control device achieves greater

than or equal to the required control

efficiency specified in § 63.119(e)(1) or

§ 63.119(e)(2), as applicable; and

* * * * *

(j) When the term ‘‘range’’ is used in

§§ 63.120(d)(3)(i), 63.120(d)(5), and

63.122(g)(2), the term ‘‘level’’ shall

apply instead, for the purposes of this

subpart.

(k) For purposes of this subpart, the

monitoring plan required by

§ 63.120(d)(2) shall specify for which

control devices the owner or operator

has selected to follow the procedures for

continuous monitoring specified in

§ 63.505. For those control devices for

which the owner or operator has

selected to not follow the procedures for

continuous monitoring specified in

§ 63.505, the monitoring plan shall

include a description of the parameter

or parameters to be monitored to ensure

that the control device is being properly

operated and maintained, an

explanation of the criteria used for

selection of that parameter (or

parameters), and the frequency with

which monitoring will be performed

(e.g., when the liquid level in the

storage vessel is being raised), as

specified in § 63.120(d)(2)(i).

(l) For purposes of this subpart, the

monitoring plan required by § 63.122(b)

shall be included in the Notification of

Compliance Status required by

§ 63.506(e)(5).

(m) When the Notification of

Compliance Status requirements

contained in § 63.152(b) are referred to

in §§ 63.120, 63.122, and 63.123, the

Notification of Compliance Status

requirements contained in § 63.506(e)(5)

shall apply for the purposes of this

subpart.

(n) When the Periodic Report

requirements contained in § 63.152(c)

are referred to in §§ 63.120 and 63.122,

the Periodic Report requirements

contained in § 63.506(e)(6) shall apply

for the purposes of this subpart.

(o) When other reports as required in

§ 63.152(d) are referred to in § 63.122,

the reporting requirements contained in

§ 63.506(e)(7) shall apply for the

purposes of this subpart.

(p) When the Initial Notification

requirements contained in § 63.151(b)

are referred to in §§ 63.119 through

63.123, for the purposes of this subpart

the owner or operator of an affected

source need not comply.

(q) When the determination of

equivalence criteria in § 63.102(b) are

referred to in § 63.121(a), the provisions

in § 63.6(g) shall apply for the purposes

of this subpart.

(r) When § 63.119(a) requires

compliance according to the schedule

provisions in § 63.100, owners and

operators of affected sources shall

instead comply with the requirements

in §§ 63.119(a)(1) through 63.119(a)(4)

by the compliance date for storage

vessels, which is specified in § 63.481.

(s) In § 63.120(e)(1), instead of the

reference to § 63.11(b), the requirements

of § 63.504(c) shall apply.

7. Section 63.485 is revised to read as

follows:

§ 63.485 Continuous front-end process

vent provisions.

(a) For each continuous front-end

process vent located at an affected

source, the owner or operator shall

38050 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

comply with the requirements of

§§ 63.113 through 63.118, except as

provided for in paragraphs (b) through

(v) of this section. The owner or

operator of continuous front-end

process vents that are combined with

one or more batch front-end process

vents shall comply with paragraph (o) or

(p) of this section.

(b) When the term ‘‘process vent’’ is

used in §§ 63.113 through 63.118, the

term ‘‘continuous front-end process

vent,’’ and the definition of this term in

§ 63.482 shall apply for the purposes of

this subpart.

(c) When the term ‘‘halogenated

process vent’’ is used in §§ 63.113

through 63.118, the term ‘‘halogenated

continuous front-end process vent,’’ and

the definition of this term in § 63.482

shall apply for the purposes of this

subpart.

(d) When the term ‘‘Group 1 process

vent’’ is used in §§ 63.113 through

63.118, the term ‘‘Group 1 continuous

front-end process vent,’’ and the

definition of this term in § 63.482 shall

apply for the purposes of this subpart.

(e) When the term ‘‘Group 2 process

vent’’ is used in §§ 63.113 through

63.118, the term ‘‘Group 2 continuous

front-end process vent,’’ and the

definition of this term in § 63.482 shall

apply for the purposes of this subpart.

(f) When December 31, 1992 (i.e., the

proposal date for subpart G of this part)

is referred to in § 63.113, June 12, 1995

shall instead apply, for the purposes of

this subpart.

(g) When §§ 63.151(f), alternative

monitoring parameters, and 63.152(e),

submission of an operating permit, are

referred to in §§ 63.114(c) and 63.117(e),

63.506(f), alternative monitoring

parameters, and § 63.506(e)(8),

submission of an operating permit,

respectively, shall apply for the

purposes of this subpart.

(h) When the Notification of

Compliance Status requirements

contained in § 63.152(b) are referred to

in §§ 63.114, 63.117, and 63.118, the

Notification of Compliance Status

requirements contained in § 63.506(e)(5)

shall apply for the purposes of this

subpart.

(i) When the Periodic Report

requirements contained in § 63.152(c)

are referred to in §§ 63.117 and 63.118,

the Periodic Report requirements

contained in § 63.506(e)(6) shall apply

for the purposes of this subpart.

(j) When the definition of excursion in

§ 63.152(c)(2)(ii)(A) is referred to in

§ 63.118(f)(2), the definition of

excursion in § 63.505(g) and (h) shall

apply for the purposes of this subpart.

(k) When § 63.114(e) specifies that an

owner or operator shall submit the

information required in § 63.152(b) in

order to establish the parameter

monitoring range, the owner or operator

of an affected source shall comply with

the provisions of § 63.505 for

establishing the parameter monitoring

level and shall comply with

§ 63.506(e)(5) for the purposes of

reporting information related to the

establishment of the parameter

monitoring level, for the purposes of

this subpart. Further, the term ‘‘level’’

shall apply whenever the term ‘‘range’’

is used in §§ 63.114, 63.117, and 63.118.

(l) When reports of process changes

are required under § 63.118(g), (h), (i), or

(j), paragraphs (l)(1) through (l)(4) of this

section shall apply for the purposes of

this subpart. In addition, for the

purposes of this subpart paragraph (l)(5)

of this section applies, and § 63.118(k)

does not apply to owners or operators of

affected sources.

(1) For the purposes of this subpart,

whenever a process change, as defined

in § 63.115(e), is made that causes a

Group 2 continuous front-end process

vent to become a Group 1 continuous

front-end process vent, the owner or

operator shall submit a report within

180 days after the process change is

made or with the next Periodic Report,

whichever is later. A description of the

process change shall be submitted with

the report of the process change, and the

owner or operator of the affected source

shall comply with the Group 1

provisions in §§ 63.113 through 63.118

in accordance with § 63.480(i)(2)(ii) or

(i)(2)(iii), as applicable.

(2) Whenever a process change, as

defined in § 63.115(e), is made that

causes a Group 2 continuous front-end

process vent with a TRE greater than 4.0

to become a Group 2 continuous frontend process vent with a TRE less than

4.0, the owner or operator shall submit

a report within 180 days after the

process change is made or with the next

Periodic Report, whichever is later. A

description of the process change shall

be submitted with the report of the

process change, and the owner or

operator shall comply with the

provisions in § 63.113(d) by the dates

specified in § 63.481.

(3) Whenever a process change, as

defined in § 63.115(e), is made that

causes a Group 2 continuous front-end

process vent with a flow rate less than

0.005 standard cubic meter per minute

(scmm) to become a Group 2 continuous

front-end process vent with a flow rate

of 0.005 scmm or greater and a TRE

index value less than or equal to 4.0, the

owner or operator shall submit a report

within 180 days after the process change

is made or with the next Periodic

Report, whichever is later. A description

of the process change shall be submitted

with the report of the process change,

and the owner or operator shall comply

with the provisions in § 63.113(d) by the

dates specified in § 63.481.

(4) Whenever a process change, as

defined in § 63.115(e), is made that

causes a Group 2 continuous front-end

process vent with an organic HAP

concentration less than 50 parts per

million by volume (ppmv) to become a

Group 2 continuous front-end process

vent with an organic HAP concentration

of 50 ppmv or greater and a TRE index

value less than or equal to 4.0, the

owner or operator shall submit a report

within 180 days after the process change

is made or with the next Periodic

Report, whichever is later. A description

of the process change shall be submitted

with the report of the process change,

and the owner or operator shall comply

with the provisions in § 63.113(d) by the

dates specified in § 63.481.

(5) The owner or operator is not

required to submit a report of a process

change if one of the conditions listed in

paragraphs (l)(5)(i), (l)(5)(ii), (l)(5)(iii), or

(l)(5)(iv) of this section is met.

(i) The change does not meet the

description of a process change in

§ 63.115(e);

(ii) The vent stream flow rate is

recalculated according to § 63.115(e)

and the recalculated value is less than

0.005 standard cubic meter per minute;

(iii) The organic HAP concentration of

the vent stream is recalculated

according to § 63.115(e) and the

recalculated value is less than 50 parts

per million by volume; or

(iv) The TRE index value is

recalculated according to § 63.115(e)

and the recalculated value is greater

than 4.0.

(m) When § 63.118 (periodic reporting

and recordkeeping requirements) refers

to § 63.152(f), the recordkeeping

requirements in § 63.506(d) shall apply

for the purposes of this subpart.

(n) When §§ 63.115 and 63.116 refer

to Table 2 of subpart F of this part, the

owner or operator is only required to

consider organic HAP listed on Table 5

of this subpart, for the purposes of this

subpart.

(o) If a batch front-end process vent or

aggregate batch vent stream is combined

with a continuous front-end process

vent, the owner or operator of the

affected source containing the combined

vent stream shall comply with

paragraph (o)(1); with paragraph (o)(2)

and with paragraph (o)(3) or (o)(4); or

with paragraph (o)(5) of this section, as

appropriate.

(1) If a batch front-end process vent or

aggregate batch vent stream is combined

with a Group 1 continuous front-end

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38051

process vent prior to the combined vent

stream being routed to a control device,

the owner or operator of the affected

source containing the combined vent

stream shall comply with the

requirements in paragraph (o)(1)(i) or

(o)(1)(ii) of this section.

(i) All requirements for a Group 1

process vent stream in §§ 63.113

through 63.118, except as otherwise

provided in this section. As specified in

§ 63.504(a)(1), performance tests shall be

conducted at maximum representative

operating conditions. For the purpose of

conducting a performance test on a

combined vent stream, maximum

representative operating conditions

shall be when batch emission episodes

are occurring that result in the highest

organic HAP emission rate (for the

combined vent stream) that is

achievable during one of the periods

listed in § 63.504(a)(1)(i) or

§ 63.504(a)(1)(ii), without causing any of

the situations described in paragraphs

(o)(1)(i)(A) through (o)(1)(i)(C) of this

section to occur.

(A) Causing damage to equipment;

(B) Necessitating that the owner or

operator make product that does not

meet an existing specification for sale to

a customer; or

(C) Necessitating that the owner or

operator make product in excess of

demand.

(ii) Comply with the provisions in

§ 63.483(b)(1), as allowed under

§ 63.483(b).

(2) If a batch front-end process vent or

aggregate batch vent stream is combined

with a continuous front-end process

vent prior to the combined vent stream

being routed to a recovery device, the

TRE index value for the combined vent

stream shall be calculated at the exit of

the last recovery device. The TRE shall

be calculated during periods when one

or more batch emission episodes are

occurring that result in the highest

organic HAP emission rate (in the

combined vent stream that is being

routed to the recovery device) that is

achievable during the 6-month period

that begins 3 months before and ends 3

months after the TRE calculation,

without causing any of the situations

described in paragraphs (o)(2)(i) through

(o)(2)(iii) of this section to occur.

(i) Causing damage to equipment;

(ii) Necessitating that the owner or

operator make product that does not

meet an existing specification for sale to

a customer; or

(iii) Necessitating that the owner or

operator make product in excess of

demand.

(3) If the combined vent stream

described in paragraph (o)(2) of this

section meets the requirements in

paragraphs (o)(3)(i), (o)(3)(ii), and

(o)(3)(iii) of this section, the combined

vent stream shall be subject to the

requirements for Group 1 process vents

in §§ 63.113 through 63.118, except as

otherwise provided in this section, as

applicable. Performance tests for the

combined vent stream shall be

conducted at maximum representative

operating conditions, as described in

paragraph (o)(1) of this section.

(i) The TRE index value of the

combined stream is less than or equal to

1.0;

(ii) The flow rate of the combined

vent stream is greater than or equal to

0.005 standard cubic meter per minute;

and

(iii) The total organic HAP

concentration is greater than or equal to

50 parts per million by volume for the

combined vent stream.

(4) If the combined vent stream

described in paragraph (o)(2) of this

section meets the requirements in

paragraph (o)(4)(i), (ii), or (iii) of this

section, the combined vent stream shall

be subject to the requirements for Group

2 process vents in §§ 63.113 through

63.118, except as otherwise provided in

this section, as applicable.

(i) The TRE index value of the

combined vent stream is greater than

1.0;

(ii) The flow rate of the combined

vent stream is less than 0.005 standard

cubic meter per minute; or

(iii) The total organic HAP

concentration is less than 50 parts per

million by volume for the combined

vent stream.

(5) If a batch front-end process vent or

aggregate batch vent stream is combined

with a Group 2 continuous front-end

process vent, the owner or operator

shall comply with the requirements in

either paragraph (o)(5)(i) or (o)(5)(ii) of

this section.

(i) The owner or operator shall

comply with the requirements in

§§ 63.113 through 63.118 for Group 1

process vents; or

(ii) The owner or operator shall

comply with § 63.487(e)(2) for batch

front-end process vents and aggregate

batch vent streams.

(p) If any gas stream that originates

outside of an affected source that is

subject to this subpart is normally

conducted through the same final

recovery device as any continuous frontend process vent stream subject to this

subpart, the combined vent stream shall

comply with all requirements in

§§ 63.113 through 63.118, except as

otherwise provided in this section, as

applicable.

(1) Instead of measuring the vent

stream flow rate at the sampling site

specified in § 63.115(b)(1), the sampling

site for vent stream flow rate shall be

prior to the final recovery device and

prior to the point at which the gas

stream that is not controlled under this

subpart is introduced into the combined

vent stream.

(2) Instead of measuring total organic

HAP or TOC concentrations at the

sampling site specified in § 63.115(c)(1),

the sampling site for total organic HAP

or TOC concentration shall be prior to

the final recovery device and prior to

the point at which the gas stream that

is not controlled under this subpart is

introduced into the combined vent

stream.

(3) The efficiency of the final recovery

device (determined according to

paragraph (p)(4) of this section) shall be

applied to the total organic HAP or TOC

concentration measured at the sampling

site described in paragraph (p)(2) of this

section to determine the exit

concentration. This exit concentration

of total organic HAP or TOC shall then

be used to perform the calculations

outlined in § 63.115(d)(2)(iii) and

§ 63.115(d)(2)(iv), for the combined vent

stream exiting the final recovery device.

(4) The efficiency of the final recovery

device is determined by measuring the

total organic HAP or TOC concentration

using Method 18 or 25A, 40 CFR part

60, appendix A, at the inlet to the final

recovery device after the introduction of

any gas stream that is not controlled

under this subpart, and at the outlet of

the final recovery device.

(q) Group 1 halogenated continuous

front-end process vents described in

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

section are exempt from the

requirements to control hydrogen

halides and halogens from the outlet of

combustion devices contained in

§ 63.113(a)(1)(ii) and § 63.113(c).

(1) Group 1 halogenated continuous

front-end process vents at existing

affected sources producing butyl rubber,

halobutyl rubber, or ethylene propylene

rubber using a solution process, if the

conditions in paragraphs (q)(1)(i) and

(ii) of this section are met. Group 1

halogenated continuous front-end

process vents at new affected sources

producing butyl rubber, halobutyl

rubber, or ethylene propylene rubber

using a solution process are not exempt

from § 63.113(a)(1)(ii) and § 63.113(c).

(i) If the halogenated continuous

front-end process vent stream was

controlled by a combustion device prior

to June 12, 1995; and

(ii) If the requirements of

§ 63.113(a)(2); § 63.113(a)(3); § 63.113(b)

and the associated testing requirements

in § 63.116; or § 63.11(b) and § 63.504(c)

are met.

38052 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(2) Group 1 halogenated continuous

front-end process vents at new and

existing affected sources producing an

elastomer using a gas-phased reaction

process, provided that the requirements

of § 63.113(a)(2); § 63.113(a)(3);

§ 63.113(b) and the associated testing

requirements in § 63.116; or § 63.11(b)

and § 63.504(c) are met.

(r) The compliance date for

continuous front-end process vents

subject to the provisions of this section

is specified in § 63.481.

(s) Internal combustion engines. In

addition to the three options for the

control of a Group 1 continuous frontend process vent listed in § 63.113(a)(1)

through (3), an owner or operator will

be permitted to route emissions of

organic HAP to an internal combustion

engine, provided the conditions listed

in paragraphs (s)(1) through (s)(5) of this

section are met.

(1) The vent stream routed to the

internal combustion engine shall not be

a halogenated continuous front-end

process vent stream.

(2) The organic HAP is introduced

with the primary fuel.

(3) The internal combustion engine is

operating at all times that organic HAP

emissions are being routed to it. The

owner or operator shall demonstrate

that the internal combustion engine is

operating by continuously monitoring

the on/off status of the internal

combustion engine.

(4) The owner or operator shall

maintain hourly records verifying that

the internal combustion engine was

operating at all times that emissions

were routed to it.

(5) The owner or operator shall

include in the Periodic Report a report

of all times that the internal combustion

engine was not operating while

emissions were being routed to it.

(6) If an internal combustion engine

meeting the requirements of paragraphs

(s)(1) through (5) of this section is used

to comply with the provisions of

§ 63.113(a), the internal combustion

engine is exempt from the source testing

requirements of § 63.116.

(t) When the provisions of

§ 63.116(c)(3) and (c)(4) specify that

Method 18, 40 CFR part 60, appendix A

shall be used, Method 18 or Method

25A, 40 CFR part 60, appendix A may

be used for the purposes of this subpart.

The use of Method 25A, 40 CFR part 60,

appendix A shall conform with the

requirements in paragraphs (t)(1) and

(t)(2) of this section.

(1) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A shall be the single

organic HAP representing the largest

percent by volume of the emissions.

(2) The use of Method 25A, 40 CFR

part 60, appendix A is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(u) In § 63.116(a), instead of the

reference to § 63.11(b), the requirements

in § 63.504(c) shall apply.

(v) When a combustion device is used

to comply with the 20 parts per million

by volume outlet concentration standard

specified in § 63.113(a)(2), the

correction to 3 percent oxygen is only

required when supplemental

combustion air is used to combust the

emissions, for the purposes of this

subpart. In addition, the correction to 3

percent oxygen specified in

§ 63.116(c)(3) and (c)(3)(iii) is only

required when supplemental

combustion air is used to combust the

emissions, for the purposes of this

subpart. Finally, when a combustion

device is used to comply with the 20

parts per million by volume outlet

concentration standard specified in

§ 63.113(a)(2), an owner or operator

shall record and report the outlet

concentration required in

§ 63.117(a)(4)(ii) and (a)(4)(iv) corrected

to 3 percent oxygen when supplemental

combustion air is used to combust the

emissions, for the purposes of this

subpart. When supplemental

combustion air is not used to combust

the emissions, an owner or operator may

record and report the outlet

concentration required in

§ 63.117(a)(4)(ii) and (a)(4)(iv) on an

uncorrected basis or corrected to 3

percent oxygen, for the purposes of this

subpart.

8. Section 63.486 is revised to read as

follows:

§ 63.486 Batch front-end process vent

provisions.

(a) Batch front-end process vents.

Except as specified in paragraph (b) of

this section, owners and operators of

new and existing affected sources with

batch front-end process vents shall

comply with the requirements in

§§ 63.487 through 63.492. The batch

front-end process vent group status shall

be determined in accordance with

§ 63.488. Owners or operators of

affected sources with batch front-end

process vents classified as Group 1 shall

comply with the reference control

technology requirements for Group 1

batch front-end process vents in

§ 63.487, the monitoring requirements

in § 63.489, the performance test

methods and procedures to determine

compliance in § 63.490, the

recordkeeping requirements in § 63.491,

and the reporting requirements in

§ 63.492. Owners and operators of all

Group 2 batch front-end process vents

shall comply with the applicable

reference control technology

requirements in § 63.487, the applicable

recordkeeping requirements in § 63.491,

and the applicable reporting

requirements in § 63.492.

(b) Aggregate batch vent streams.

Aggregate batch vent streams, as defined

in § 63.482, are subject to the control

requirements specified in § 63.487(b), as

well as the monitoring, testing,

recordkeeping, and reporting

requirements specified in §§ 63.489

through 63.492 for aggregate batch vent

streams.

9. Section 63.487 is amended by:

a. Revising paragraph (a) introductory

text;

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

c. Revising paragraph (b) introductory

text;

d. Revising paragraph (b)(1)(i);

e. Revising paragraph (b)(2);

f. Revising paragraphs (c)(1) and

(c)(2);

g. Revising paragraph (e);

h. Revising paragraph (f);

i. Revising paragraph (g); and

j. Adding paragraph (h).

The revisions and additions read as

follows:

§ 63.487 Batch front-end process vents—

reference control technology.

(a) Batch front-end process vents. The

owner or operator of an affected source

with a Group 1 batch front-end process

vent, as determined using the

procedures in § 63.488, shall comply

with the requirements of either

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

Compliance may be based on either

organic HAP or TOC.

(1) * * *

(i) The owner or operator of the

affected source hall comply with the

requirements of § 63.504(c) for the flare.

* * * * *

(b) Aggregate batch vent streams. The

owner or operator of an aggregate batch

vent stream that contains one or more

Group 1 batch front-end process vents

shall comply with the requirements of

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

section. Compliance may be based on

either organic HAP or TOC.

(1) * * *

(i) The owner or operator of the

affected source shall comply with the

requirements of § 63.504(c) for the flare.

* * * * *

(2) For each aggregate batch vent

stream, reduce organic HAP emissions

by 90 weight percent or to a

concentration of 20 parts per million by

volume, whichever is less stringent, on

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38053

a continuous basis using a control

device. For combustion devices, the

emission reduction or concentration

shall be calculated on a dry basis,

corrected to 3 percent oxygen.

(c) * * *

(1) If a combustion device is used to

comply with paragraph (a)(2) or (b)(2) of

this section for a halogenated batch

front-end process vent or halogenated

aggregate batch vent stream, the

emissions exiting the combustion device

shall be ducted to a halogen reduction

device that reduces overall emissions of

hydrogen halides and halogens by at

least 99 percent before discharge to the

atmosphere.

(2) A halogen reduction device may

be used to reduce the halogen atom

mass emission rate to less than 3,750 kg/

yr for batch front-end process vents or

aggregate batch vent streams and thus

make the batch front-end process vent

or aggregate batch vent stream

nonhalogenated. The nonhalogenated

batch front-end process vent or

aggregate batch vent stream shall then

comply with the requirements of either

paragraph (a) or (b) of this section, as

appropriate.

* * * * *

(e) Combination of batch front-end

process vents or aggregate batch vent

streams with continuous front-end

process vents. If a batch front-end

process vent or aggregate batch vent

stream is combined with a continuous

front-end process vent, the owner or

operator shall determine whether the

combined vent stream is subject to the

provisions of §§ 63.486 through 63.492

according to paragraphs (e)(1) and (e)(2)

of this section.

(1) A batch front-end process vent or

aggregate batch vent stream combined

with a continuous front-end process

vent stream is not subject to the

provisions of §§ 63.486 through 63.492,

if the requirements in paragraph (e)(1)(i)

and in either paragraph (e)(1)(ii) or

(e)(1)(iii) are met.

(i) The only emissions to the

atmosphere from the batch front-end

process vent or aggregate batch vent

stream prior to being combined with the

continuous front-end process vent are

from equipment subject to § 63.502.

(ii) The batch front-end vent stream or

aggregate batch vent stream is combined

with a Group 1 continuous front-end

process vent stream prior to the

combined vent stream being routed to a

control device. In this paragraph

(e)(1)(ii), the definition of control device

as it relates to continuous front-end

process vents shall be used.

Furthermore, the combined vent stream

discussed in this paragraph (e)(1)(ii)

shall be subject to § 63.485(o)(1).

(iii) The batch front-end process vent

or aggregate batch vent stream is

combined with a continuous front-end

process vent stream prior to being

routed to a recovery device. In this

paragraph (e)(1)(iii), the definition of

recovery device as it relates to

continuous front-end process vents shall

be used. Furthermore, the combined

vent stream discussed in this paragraph

(e)(1)(iii) shall be subject to

§ 63.485(o)(2).

(2) If the batch front-end process vent

or aggregate batch vent stream is

combined with a Group 2 continuous

front-end process vent, the group status

of the batch front-end process vent shall

be determined prior to its combination

with the Group 2 continuous front-end

process vent, in accordance with

§ 63.488, and the combined vent stream

shall be subject to the requirements for

aggregate batch vent streams in

§§ 63.486 through 63.492.

(f) Group 2 batch front-end process

vents with annual emissions greater

than or equal to the level specified in

§ 63.488(d). The owner or operator of a

Group 2 batch front-end process vent

with annual emissions greater than or

equal to the level specified in

§ 63.488(d) shall comply with the

provisions of paragraph (f)(1), (f)(2), or

(h) of this section.

(1) The owner or operator shall

comply with the requirements in

paragraphs (f)(1)(i) through (f)(1)(iv) of

this section.

(i) The owner or operator shall

establish a batch mass input limitation

that ensures that the Group 2 batch

front-end process vent does not become

a Group 1 batch front-end process vent.

(ii) Over the course of the affected

source’s ‘‘year,’’ as reported in the

Notification of Compliance Status in

accordance with § 63.506(e)(5)(iv), the

owner or operator shall not charge a

mass of HAP or material to the batch

unit operation that is greater than the

level established as the batch mass

input limitation.

(iii) The owner or operator of an

affected source shall comply with the

recordkeeping requirements in

§ 63.491(d)(2), and the reporting

requirements in § 63.492(a)(3), (b) and

(c).

(iv) The owner or operator of an

affected source shall comply with

§ 63.488(i) when process changes are

made.

(2) Comply with the requirements of

this subpart for Group 1 batch front-end

process vents.

(g) Group 2 batch front-end process

vents with annual emissions less than

the level specified in § 63.488(d). The

owner or operator of a Group 2 batch

front-end process vent with annual

organic HAP emissions less than the

level specified in § 63.488(d), shall

comply with paragraph (g)(1), (g)(2),

(g)(3), or (g)(4) of this section.

(1) The owner or operator of the

affected source shall comply with the

requirements in paragraphs (g)(1)(i)

through (g)(1)(iv) of this section.

(i) The owner or operator shall

establish a batch mass input limitation

that ensures emissions do not exceed

the appropriate level specified in

§ 63.488(d).

(ii) Over the course of the affected

source’s ‘‘year,’’ as reported in the

Notification of Compliance Status in

accordance with § 63.506(e)(5)(iv), the

owner or operator shall not charge a

mass of HAP or material to the batch

unit operation that is greater than the

level established as the batch mass

input limitation.

(iii) The owner or operator of the

affected source shall comply with the

recordkeeping requirements in

§ 63.491(d)(1), and the reporting

requirements in § 63.492(a)(2), (b), and

(c).

(iv) The owner or operator of the

affected source shall comply with

§ 63.488(i) when process changes are

made.

(2) Comply with the requirements of

paragraph (f)(1) of this section;

(3) Comply with the requirements of

paragraph (f)(2) of this section; or

(4) Comply with the requirements of

paragraph (h) of this section.

(h) Owners or operators of Group 2

batch front-end process vents are not

required to establish a batch mass input

limitation if the batch front-end process

vent is Group 2 at the conditions

specified in paragraphs (h)(1) and (h)(2)

of this section and if the owner or

operator complies with the

recordkeeping provisions in

§§ 63.491(a)(1) through (3), 63.491(a)(9),

and 63.491(a)(4) through (6) as

applicable, and the reporting

requirements in § 63.492(a)(5) and (6)

and (b).

(1) Emissions for the single highestHAP recipe (considering all products

that are produced in the batch unit

operation) are used in the group

determination; and

(2) The group determination assumes

that the batch unit operation is

operating at the maximum design

capacity of the EPPU for 12 months.

10. Section 63.488 is amended by:

a. Revising paragraph (a)(1);

b. Revising paragraph (b) introductory

text;

c. Revising paragraphs (b)(1) through

(b)(3);

38054 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

d. Revising paragraph (b)(4)(i)

introductory text;

e. Revising paragraphs (b)(4)(i)(A)

through (b)(4)(i)(D);

f. Revising paragraph (b)(4)(ii)(B)(1);

g. Revising paragraph (b)(4)(iii);

h. Revising paragraph (b)(5)

introductory text;

i. Revising paragraphs (b)(5)(i) and

(b)(5)(ii);

j. Revising paragraph (b)(5)(iii)

introductory text;

k. Revising paragraphs (b)(5)(iii)(A)

and (b)(5)(iii)(B);

l. Revising paragraph (b)(5)(iv);

m. Revising paragraph (b)(5)(v)

introductory text;

n. Revising paragraph (b)(5)(v)(A);

o. Revising paragraph (b)(6);

p. Revising paragraph (d);

q. Revising paragraph (e) introductory

text;

r. Revising paragraph (e)(1)

introductory text;

s. Revising paragraph (e)(1)(i);

t. Revising paragraph (e)(1)(iii);

u. Revising paragraphs (e)(2) and

(e)(3);

v. Revising paragraph (g);

w. Revising paragraph (h)(1)

introductory text;

x. Revising paragraphs (h)(1)(iii) and

(h)(1)(iv);

y. Revising paragraph (h)(2);

z. Revising paragraph (i) introductory

text;

aa. Revising paragraphs (i)(1) through

(i)(3); and

bb. Adding paragraph (b)(9).

The revisions and additions read as

follows:

§ 63.488 Methods and procedures for

batch front-end process vent group

determination.

(a) * * *

(1) The procedures specified in

paragraphs (b) through (g) shall be

followed to determine the group status

of each batch front-end process vent.

This determination shall be made in

accordance with either paragraph

(a)(1)(i) or (a)(1)(ii) of this section.

(i) An owner or operator may choose

to determine the group status of a batch

front-end process vent based on the

expected mix of products. For each

product, emission characteristics of the

single highest-HAP recipe, as defined in

paragraph (a)(1)(iii) of this section, for

that product, shall be used in the

procedures in paragraphs (b) through (i)

of this section.

(ii) An owner or operator may choose

to determine the group status of a batch

front-end process vent based on

annualized production of the single

highest-HAP recipe, as defined in

paragraph (a)(1)(iii) of this section,

considering all products produced or

processed in the batch unit operation.

The annualized production of the

highest-HAP recipe shall be based

exclusively on the production of the

single highest-HAP recipe of all

products produced or processed in the

batch unit operation for a 12 month

period. The production level used may

be the actual production rate. It is not

necessary to assume a maximum

production rate (i.e., 8,760 hours per

year at maximum design production).

(iii) The single highest-HAP recipe for

a product means the recipe of the

product with the highest total mass of

HAP charged to the reactor during the

production of a single batch of product.

* * * * *

(b) Determination of annual

emissions. The owner or operator shall

calculate annual uncontrolled TOC or

organic HAP emissions for each batch

front-end process vent using the

methods described in paragraphs (b)(1)

through (b)(8) of this section. To

estimate emissions from a batch

emissions episode, owners or operators

may use either the emissions estimation

equations in paragraphs (b)(1) through

(b)(4) of this section, or direct

measurement as specified in paragraph

(b)(5) of this section. Engineering

assessment may also be used to estimate

emissions from a batch emission

episode, but only under the conditions

described in paragraph (b)(6) of this

section. In using the emissions

estimation equations in paragraphs

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

individual component vapor pressure

and molecular weight may be obtained

from standard references. Methods to

determine individual HAP partial

pressures in multicomponent systems

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

section. Other variables in the emissions

estimation equations may be obtained

through direct measurement, as defined

in paragraph (b)(5) of this section,

through engineering assessment, as

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

section, by process knowledge, or by

any other appropriate means.

Assumptions used in determining these

variables must be documented. Once

emissions for the batch emission

episode have been determined using

either the emissions estimation

equations, direct measurement, or

engineering assessment, emissions from

a batch cycle shall be calculated in

accordance with paragraph (b)(7) of this

section, and annual emissions from the

batch front-end process vent shall be

calculated in accordance with paragraph

(b)(8) of this section.

(1) TOC or organic HAP emissions

from the purging of an empty vessel

shall be calculated using Equation 1.

This equation does not take into account

evaporation of any residual liquid in the

vessel.

E

V P MW

RT episode

ves WAVG m = ( )( )( ) ( ) 1 0 37 − . [Eq. 1]

Where:

Eepisode = Emissions, kg/episode.

Vves = Volume of vessel, m3.

P = TOC or total organic HAP partial

pressure, kPa.

MWWAVG = Weighted average molecular

weight of TOC or organic HAP in

vapor, determined in accordance

with paragraph (b)(4)(i)(D) of this

section, kg/kmol.

R = Ideal gas constant, 8.314 m3·kPa/

kmol·°K.

T = Temperature of vessel vapor space,

°K.

m = Number of volumes of purge gas

used.

(2) TOC or organic HAP emissions

from the purging of a filled vessel shall

be calculated using Equation 2.

E y V P MW

RT P P x

episode T dr WAVG

i i

i

n = m

( )( ) ( ) ( )

− 











( )

=

∑

2

1

[Eq. 2]

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38055

Where:

Eepisode = Emissions, kg/episode.

y = Saturated mole fraction of all TOC

or organic HAP in vapor phase.

Vdr = Volumetric gas displacement rate,

m3/min.

P = Pressure in vessel vapor space, kPa.

MWWAVG = Weighted average molecular

weight of TOC or organic HAP in

vapor, determined in accordance

with paragraph (b)(4)(i)(D) of this

section, kg/kmol.

R = Ideal gas constant, 8.314 m3·kPa/

kmol·°K.

T = Temperature of vessel vapor space,

°K.

Pi = Vapor pressure of TOC or

individual organic HAP i, kPa.

xi = Mole fraction of TOC or organic

HAP i in the liquid.

n = Number of organic HAP in stream.

Note: Summation is not applicable

if TOC emissions are being

estimated.

Tm = Minutes/episode.

(3) Emissions from vapor

displacement due to transfer of material

into or out of a vessel shall be calculated

using Equation 3.

E y V P MW

RT episode

WAVG = ( )( )( )( ) [Eq. 3]

Where:

Eepisode = Emissions, kg/episode.

y = Saturated mole fraction of all TOC

or organic HAP in vapor phase.

V = Volume of gas displaced from the

vessel, m3.

P = Pressure of vessel vapor space, kPa.

MWWAVG = Weighted average molecular

weight of TOC or organic HAP in

vapor, determined in accordance

with paragraph (b)(4)(i)(D) of this

section, kg/kmol.

R = Ideal gas constant, 8.314 m3·kPa/

kmol·°K.

T = Temperature of vessel vapor space,

°K.

(4) * * *

(i) If the final temperature to which

the vessel contents is heated is lower

than 50 K below the boiling point of the

HAP in the vessel, then emissions shall

be calculated using the equations in

paragraphs (b)(4)(i)(A) through

(b)(4)(i)(D) of this section.

(A) Emissions caused by heating of a

vessel shall be calculated using

Equation 4. The assumptions made for

this calculation are atmospheric

pressure of 760 mm Hg and the

displaced gas is always saturated with

VOC vapor in equilibrium with the

liquid mixture.

E

P

P

P

P MW MW

episode

i T

i

n

i T

i

n

i T

i

n

i T

i

n

WAVG T WAVG T =

( )

− ( )

+

( )

− ( )





















































∗( ) ( ) + ( ) 















=

=

=

=

∑

∑

∑

∑

1

1

1

1

2

1

2

1 1 2

101325 101325

2

. . , , ∆η 2 [Eq. 4]

Where:

Eepisode = Emissions, kg/episode.

(Pi)T1, (Pi)T2 = Partial pressure (kPa) TOC

or each organic HAP in the vessel

headspace at initial (T1) and final

(T2) temperature.

n = Number of organic HAP in stream.

Note: Summation is not applicable

if TOC emissions are being

estimated.

∆η = Number of kilogram-moles (kgmoles) of gas displaced, determined

in accordance with paragraph

(b)(4)(i)(B) of this section.

101.325 = Constant, kPa.

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

average molecular weight of TOC or

total organic HAP in the displaced

gas stream, determined in

accordance with paragraph

(b)(4)(i)(D) of this section.

(B) The moles of gas displaced, ∆η, is

calculated using equation 5.

∆η = 



 



 − 



 





















V

R

Pa

T

Pa

T

fs 1

1

2

2

[Eq. 5]

Where:

∆η = Number of kg-moles of gas

displaced.

Vfs = Volume of free space in the vessel,

m3.

R = Ideal gas constant, 8.314 m 3•kPa/

kmol•K.

Pa1 = Initial noncondensible gas partial

pressure in the vessel, kPa.

Pa2 = Final noncondensible gas partial

pressure, kPa.

T1 = Initial temperature of vessel, K.

T2 = Final temperature of vessel, K.

(C) The initial and final pressure of

the noncondensible gas in the vessel

shall be calculated using equation 6.

Pa Pi T

i

n

= − ( ) =101325 ∑

1

. [Eq. 6]

Where:

Pa = Initial or final partial pressure of

noncondensible gas in the vessel

headspace, kPa.

101.325 = Constant, kPa.

(Pi)T = Partial pressure of TOC or each

organic HAP i in the vessel

headspace, kPa, at the initial or

final temperature (T1 or T2).

n = Number of organic HAP in stream.

Note: Summation is not applicable

if TOC emissions are being

estimated.

(D) The weighted average molecular

weight of TOC or organic HAP in the

displaced gas, MWWAVG, shall be

calculated using equation 7:

38056 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

MW

molecular 

WAVG

i

n

i

n = −

=

∑

∑

( (

(

[

mass of C) weight of C)

mass of C)

Eq. 7]

i i

i

1

1

Where:

c = TOC or organic HAP component

n = Number of TOC or organic HAP

components in stream.

(ii) * * *

(B) * * *

(1) If the final temperature of the

heatup is at or lower than 5 K below the

boiling point, the final temperature for

the last increment shall be the final

temperature for the heatup, even if the

last increment is less than 5 K.

* * * * *

(iii) If the vessel is operating with a

condenser, and the vessel contents are

heated to the boiling point, the primary

condenser is considered part of the

process, as described in § 63.488(a)(2).

Emissions shall be calculated as the sum

of Equation 4, which calculates

emissions due to heating the vessel

contents to the temperature of the gas

exiting the condenser, and Equation 3,

which calculates emissions due to the

displacement of the remaining saturated

noncondensible gas in the vessel. The

final temperature in Equation 4 shall be

set equal to the exit gas temperature of

the condenser. Equation 3 shall be used

as written below in Equation 3a, using

free space volume, and T2 is set equal

to the condenser exit gas temperature.

E y V P MW

R T episode

i fs T WAVG = ( )( )( )( )

( )( ) [Eq. 3a]

Where:

Eepisode = Emissions, kg/episode.

yi = Saturated mole fraction of all TOC

or organic HAP in the vapor phase.

Vfs = Volume of the free space in the

vessel, m3.

PT = Pressure of the vessel vapor space,

kPa.

MWWAVG = Weighted average molecular

weight of TOC or organic HAP in

vapor, determined in accordance

with paragraph (b)(4)(i)(D) of this

section.

R = Ideal gas constant, 8.314 m3•kPa/

kmol•K.

T = Temperature of condenser exit

stream K.

(5) The owner or operator may

estimate annual emissions for a batch

emission episode by direct

measurement. If direct measurement is

used, the owner or operator shall either

perform a test for the duration of a

representative batch emission episode

or perform a test during only those

periods of the batch emission episode

for which the emission rate for the

entire episode can be determined or for

which the emissions are greater than the

average emission rate of the batch

emission episode. The owner or

operator choosing either of these

options shall develop an emission

profile for the entire batch emission

episode, based on either process

knowledge or test data collected, to

demonstrate that test periods are

representative. Examples of information

that could constitute process knowledge

include calculations based on material

balances and process stoichiometry.

Previous test results may be used

provided the results are still relevant to

the current batch front-end process vent

conditions. Performance tests shall

follow the procedures specified in

paragraphs (b)(5)(i) through (b)(5)(iii) of

this section. The procedures in either

paragraph (b)(5)(iv) or (b)(5)(v) of this

section shall be used to calculate the

emissions per batch emission episode.

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

appendix A, as appropriate, shall be

used for selection of the sampling sites

if the flow measuring device is a pitot

tube. No traverse is necessary when

Method 2A or 2D, 40 CFR part 60,

appendix A is used to determine gas

stream volumetric flow rate.

(ii) Annual average batch vent flow

rate shall be determined as specified in

paragraph (e) of this section.

(iii) Method 18 or Method 25A, of 40

CFR part 60, appendix A, shall be used

to determine the concentration of TOC

or organic HAP, as appropriate. The use

of Method 25A, 40 CFR part 60,

appendix A shall conform with the

requirements in paragraphs (b)(5)(iii)(A)

and (b)(5)(iii)(B) of this section.

(A) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A shall be the single

organic HAP representing the largest

percent by volume of the emissions.

(B) The use of Method 25A, 40 CFR

part 60, appendix A is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(iv) If an integrated sample is taken

over the entire batch emission episode

to determine average batch vent

concentration of TOC or total organic

HAP, emissions shall be calculated

using Equation 8.

E K C M AFR episode j j

j

n

= ( )( ) 













 ( ) =

∑

1

T Eq. 8] h [

Where:

Episode = Emissions, kg/episode

K = Constant, 2.494 × 10¥6

(ppmv) ¥1(gm-mole/scm) (kg/gm)

(min/hr), where standard

temperature is 20°C.

Cj = Average batch vent concentration of

TOC or sample organic HAP

component j of the gas stream for

the batch emission episode, dry

basis, ppmv.

Mj = Molecular weight of TOC or

sample organic HAP component j of

the gas stream, dry basis, gm/gmmole.

AFR = Average batch vent flow rate of

gas stream, dry basis, scmm.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38057

Th = Hours/episode

n = Number of organic HAP in stream.

Note: Summation not applicable if

TOC emissions are being estimated

using a TOC concentration

measured using Method 25A, 40

CFR part 60, appendix A.

(v) If grab samples are taken to

determine the average batch vent

concentration of TOC or total organic

HAP, emissions shall be calculated

according to paragraphs (b)(5)(v)(A) and

(b)(5)(v)(B) of this section.

(A) For each measurement point, the

emission rate shall be calculated using

Equation 9.

E K C M FR j j

j

n

point = Eq. 9]















=  ∑1

[

Where:

Epoint = Emission rate for individual

measurement point, kg/hr.

K = Constant, 2.494 × 10¥6 (ppmv)¥1

(gm-mole/scm) (kg/gm) (min/hr),

where standard temperature is

20°C.

Cj = Concentration of TOC or sample

organic HAP component j of the gas

stream, dry basis, ppmv.

Mj = Molecular weight of TOC or

sample organic HAP component j of

the gas stream, gm/gm-mole.

FR = Flow rate of gas stream for the

measurement point, dry basis,

scmm.

n = Number of organic HAP in stream.

Note: Summation not applicable if

TOC emissions are being estimated

using a TOC concentration

measured using Method 25A, 40

CFR part 60, appendix A.

* * * * *

(6) Engineering assessment may be

used to estimate emissions from a batch

emission episode, if the criteria in

paragraph (b)(6)(i) are met. Data or other

information used to demonstrate that

the criteria in paragraph (b)(6)(i) of this

section have been met shall be reported

as specified in paragraph (b)(6)(iii) of

this section. Paragraph (b)(6)(ii) of this

section defines engineering assessment,

for the purposes of estimating emissions

from a batch emissions episode. All

data, assumptions, and procedures used

in an engineering assessment shall be

documented.

(i) If the criteria specified in

paragraph (b)(6)(i)(A), (B), or (C) are met

for a specific batch emission episode,

the owner or operator may use

engineering assessment, as described in

paragraph (b)(6)(ii) of this section, to

estimate emissions from that batch

emission episode, and the owner or

operator is not required to use the

emissions estimation equations

described in paragraphs (b)(1) through

(b)(4) of this section to estimate

emissions from that batch emission

episode.

(A) Previous test data, where the

measurement of organic HAP or TOC

emissions was an outcome of the test,

show a greater than 20 percent

discrepancy between the test value and

the value estimated using the applicable

equations in paragraphs (b)(1) through

(b)(4) of this section. Paragraphs

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

describe test data that will be acceptable

under this paragraph (b)(6)(i)(A).

(1) Test data for the batch emission

episode obtained during production of

the product for which the

demonstration is being made.

(2) Test data obtained for a batch

emission episode from another process

train, where the test data were obtained

during production of the product for

which the demonstration is being made.

Test data from another process train

may be used only if the owner or

operator can demonstrate that the data

are representative of the batch emission

episode for which the demonstration is

being made, taking into account the

nature, size, operating conditions,

production rate, and sequence of

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

etc.) of the equipment in the other

process train.

(B) Previous test data obtained during

the production of the product for which

the demonstration is being made, for the

batch emission episode with the highest

organic HAP emissions on a mass basis,

show a greater than 20 percent

discrepancy between the test value and

the value estimated using the applicable

equations in paragraphs (b)(1) through

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

this paragraph (b)(6)(i)(B) are met, then

engineering assessment may be used for

all batch emission episodes associated

with that batch cycle for that batch unit

operation.

(C) The owner or operator has

requested approval to use engineering

assessment to estimate emissions from a

batch emissions episode. The request to

use engineering assessment to estimate

emissions from a batch emissions

episode shall contain sufficient

information and data to demonstrate to

the Administrator that engineering

assessment is an accurate means of

estimating emissions for that particular

batch emissions episode. The request to

use engineering assessment to estimate

emissions for a batch emissions episode

shall be submitted in the Precompliance

Report required under § 63.506(e)(3).

(ii) Engineering assessment includes,

but is not limited to, the following:

(A) Previous test results, provided the

test was representative of current

operating practices.

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

obtained under conditions

representative of current process

operating conditions.

(C) Flow rate, TOC emission rate, or

organic HAP emission rate specified or

implied within a permit limit applicable

to the batch front-end process vent.

(D) Design analysis based on accepted

chemical engineering principles,

measurable process parameters, or

physical or chemical laws or properties.

Examples of analytical methods include,

but are not limited to:

(1) Use of material balances;

(2) Estimation of flow rate based on

physical equipment design, such as

pump or blower capacities;

(3) Estimation of TOC or organic HAP

concentrations based on saturation

conditions; and

(4) Estimation of TOC or organic HAP

concentrations based on grab samples of

the liquid or vapor.

(iii) Data or other information used to

demonstrate that the criteria in

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

been met shall be reported as specified

in paragraphs (b)(6)(iii)(A) and

(b)(6)(iii)(B) of this section.

(A) Data or other information used to

demonstrate that the criteria in

paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of

this section have been met shall be

reported in the Notification of

Compliance Status, as required in

§ 63.492(a)(6).

(B) The request for approval to use

engineering assessment to estimate

emissions from a batch emissions

episode as allowed under paragraph

(b)(6)(i)(C) of this section, and sufficient

data or other information for

demonstrating to the Administrator that

engineering assessment is an accurate

means of estimating emissions for that

particular batch emissions episode shall

be submitted with the Precompliance

Report, as required in § 63.506(e)(3).

* * * * *

(9) Individual HAP partial pressures

in multicomponent systems shall be

determined using the appropriate

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

through (b)(9)(iii) of this section.

(i) If the components are miscible, use

Raoult’s law to calculate the partial

pressures;

(ii) If the solution is a dilute aqueous

mixture, use Henry’s law constants to

calculate partial pressures;

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

not appropriate or available, the owner

or operator may use any of the options

in paragraphs (b)(9)(iii)(A), (B), or (C) of

this section.

38058 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(A) Experimentally obtained activity

coefficients, Henry’s law constants, or

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

coefficients; or

(C) Assume the components of the

system behave independently and use

the summation of all vapor pressures

from the HAP as the total HAP partial

pressure.

* * * * *

(d) Minimum emission level

exemption. A batch front-end process

vent with annual emissions of TOC or

organic HAP less than 11,800 kg/yr is

considered a Group 2 batch front-end

process vent and the owner or operator

of that batch front-end process vent

shall comply with the requirements in

§ 63.487(f) or (g). Annual emissions of

TOC or organic HAP are determined at

the exit of the batch unit operation, as

described in paragraph (a)(2) of this

section, and are determined as specified

in paragraph (b) of this section. The

owner or operator of that batch frontend process vent is not required to

comply with the provisions in

paragraphs (e) through (g) of this

section.

(e) Determination of average batch

vent flow rate and annual average batch

vent flow rate. The owner or operator

shall determine the average batch vent

flow rate for each batch emission

episode in accordance with one of the

procedures provided in paragraphs

(e)(1) through (e)(2) of this section. The

annual average batch vent flow rate for

a batch front-end process vent shall be

calculated as specified in paragraph

(e)(3) of this section.

(1) Determination of the average batch

vent flow rate for a batch emission

episode by direct measurement shall be

made using the procedures specified in

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

this section.

(i) The vent stream volumetric flow

rate (FRi) for a batch emission episode,

in scmm at 20°C, shall be determined

using Method 2, 2A, 2C, or 2D of 40 CFR

part 60, appendix A, as appropriate.

* * * * *

(iii) The average batch vent flow rate

for a batch emission episode shall be

calculated using Equation 13.

Where:

AFR

FR

n episode

i

i

n

= =

∑

1 [Eq. 13]

AFRepisode = Average batch vent flow

rate for the batch emission episode,

scmm.

FRi = Flow rate for individual

measurement i, scmm.

n = Number of flow rate measurements

taken during the batch emission

episode.

(2) The average batch vent flow rate

for a batch emission episode may be

determined by engineering assessment,

as defined in paragraph (b)(6)(i) of this

section. All data, assumptions, and

procedures used shall be documented.

(3) The annual average batch vent

flow rate for a batch front-end process

vent shall be calculated using Equation

14.

AFR

DUR AFR

DUR

i

i

n

i

i

n =

( )( )

( )

=

=

∑

∑

episode, i

[Eq. 14] 1

1

Where:

AFR = Annual average batch vent flow

rate for the batch front-end process

vent, scmm.

DURi = Duration of type i batch

emission episodes annually, hr/yr.

AFRepisode,i = Average batch vent flow

rate for type i batch emission

episode, scmm.

n = Number of types of batch emission

episodes venting from the batch

front-end process vent.

* * * * *

(g) Group 1/Group 2 status

determination. The owner or operator

shall compare the cutoff flow rate,

calculated in accordance with paragraph

(f) of this section, with the annual

average batch vent flow rate, determined

in accordance with paragraph (e)(3) of

this section. The group determination

status for each batch front-end process

vent shall be made using the criteria

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

of this section.

(1) If the cutoff flow rate is greater

than or equal to the annual average

batch vent flow rate of the stream, the

batch front-end process vent is

classified as a Group 1 batch front-end

process vent. (2) If the cutoff flow rate is less than

the annual average batch vent flow rate

of the stream, the batch front-end

process vent is classified as a Group 2

batch front-end process vent. (h) * * *

(1) The concentration of each organic

compound containing halogen atoms

(ppmv, by compound) for each batch

emission episode shall be determined

after the last recovery device (if any

recovery devices are present), based on

any one of the following procedures:

* * * * *

(iii) Average concentration of organic

compounds containing halogens and

hydrogen halides as measured by

Method 26 or 26A of 40 CFR part 60,

appendix A.

(iv) Any other method or data that has

been validated according to the

applicable procedures in Method 301,

40 CFR part 63, appendix A.

(2) The annual mass emissions of

halogen atoms for a batch front-end

process vent shall be calculated using

Equation 16.

E K C L M AFR avg j i j i

i

m

j

n

halogen j = ( )( )( ) Eq. 16]















= =  ∑∑ , , [1 1

Where:

Ehalogen = Mass of halogen atoms, dry

basis, kg/yr.

K = Constant, 0.022 (ppmv)¥-1 (kg-mole

per scm) (min/yr), where standard

temperature is 20°C.

AFR = Annual average batch vent flow

rate of the batch front-end process

vent, determined according to

paragraph (e) of this section, scmm.

Mj,i = Molecular weight of halogen

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38059

atom i in compound j, kg/kg-mole.

Lj,i = Number of atoms of halogen i in

compound j.

n = Number of halogenated

compounds j in the batch front-end

process vent.

m = Number of different halogens i in

each compound j of the batch frontend process vent.

Cavgj = Annual average batch vent

concentration of halogenated

compound j in the batch front-end

process vent, as determined by

using Equation 17, dry basis, ppmv.

where:

C

DUR C

DUR

avg

i

i

n

i

i

j n =

( )( )

( )

=

=

∑

∑

 i

[Eq. 17] 1

1

Where:

DURi = Duration of type i batch

emission episodes annually, hr/yr.

Ci = Average batch vent concentration

of halogenated compound j in type

i batch emission episode, ppmv.

n = Number of types of batch

emission episodes venting from the

batch front-end process vent.

* * * * *

(i) Process changes affecting Group 2

batch front-end process vents.

Whenever process changes, as described

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

made that affect one or more Group 2

batch front-end process vents and that

could reasonably be expected to change

one or more Group 2 batch front-end

process vents to Group 1 batch front-end

process vents or that could reasonably

be expected to reduce the batch mass

input limitation for one or more Group

2 batch front-end process vents, the

owner or operator of the affected source

shall comply with paragraphs (i)(2) and

(i)(3) of this section.

(1) Examples of process changes

include the changes listed in paragraphs

(i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this

section.

(i) For all batch front-end process

vents, examples of process changes

include, but are not limited to, changes

in feedstock type or catalyst type; or

whenever there is replacement, removal,

or modification of recovery equipment

considered part of the batch unit

operation as specified in paragraph

(a)(2) of this section; or increases in

production capacity or production rate.

For purposes of this paragraph, process

changes do not include: Process upsets;

unintentional, temporary process

changes; and changes that are within the

margin of variation on which the

original group determination was based.

(ii) For Group 2 batch front-end

process vents where the group

determination and batch mass input

limitation are based on the expected

mix of products, the situations

described in paragraphs (i)(1)(ii)(A) and

(B) of this section shall be considered to

be process changes.

(A) The production of combinations

of products not considered in

establishing the batch mass input

limitation.

(B) The production of a recipe of a

product with a total mass of HAP

charged to the reactor during the

production of a single batch of product

that is higher than the total mass of HAP

for the recipe used as the single highestHAP recipe for that product in the batch

mass input limitation determination.

(iii) For Group 2 batch front-end

process vents where the group

determination and batch mass input

limitation are based on the single

highest-HAP recipe (considering all

products produced or processed in the

batch unit operation), the production of

a recipe having a total mass of HAP

charged to the reactor (during the

production of a single batch of product)

that is higher than the total mass of HAP

for the highest-HAP recipe used in the

batch mass input limitation

determination shall be considered to be

a process change.

(2) For each batch front-end process

vent affected by a process change, the

owner or operator shall redetermine the

group status by repeating the procedures

specified in paragraphs (b) through (g)

of this section, as applicable.

Alternatively, engineering assessment,

as described in paragraph (b)(6)(i) of this

section, may be used to determine the

effects of the process change.

(3) Based on the results of paragraph

(i)(2) of this section, owners or operators

of affected sources shall comply with

either paragraph (i)(3)(i), (ii), or (iii) of

this section.

(i) If the group redetermination

described in paragraph (i)(2) of this

section indicates that a Group 2 batch

front-end process vent has become a

Group 1 batch front-end process vent as

a result of the process change, the owner

or operator of the affected source shall

submit a report as specified in

§ 63.492(b) and shall comply with the

Group 1 provisions in §§ 63.487 through

63.492 in accordance with

§ 63.480(i)(2)(ii) or (i)(2)(iii), as

applicable.

(ii) If the redetermination described in

paragraph (i)(2) of this section indicates

that a Group 2 batch front-end process

vent with annual emissions less than

the applicable level specified in

paragraph (d) of this section, and that is

in compliance with § 63.487(g), now has

annual emissions greater than or equal

to the applicable level specified by

paragraph (d) of this section but remains

a Group 2 batch front-end process vent,

the owner or operator of the affected

source shall comply with the provisions

in paragraphs (i)(3)(ii)(A) through (C) of

this section.

(A) Redetermine the batch mass input

limitation;

(B) Submit a report as specified in

§ 63.492(c); and

(C) Comply with § 63.487(f),

beginning with the year following the

submittal of the report submitted

according to paragraph (i)(3)(ii)(B) of

this section.

(iii) If the group redetermination

described in paragraph (i)(2) of this

section indicates no change in group

status or no change in the relation of

annual emissions to the levels specified

in paragraph (d) of this section, the

owner or operator of the affected source

shall comply with paragraphs

(i)(3)(iii)(A) and (i)(3)(iii)(B) of this

section.

(A) The owner or operator shall

redetermine the batch mass input

limitation; and

(B) The owner or operator shall

submit the new batch mass input

limitation in accordance with

§ 63.492(c).

11. Section 63.489 is amended by:

a. Revising the section title;

b. Revising paragraph (a) introductory

text;

c. Revising paragraph (a)(2);

d. Revising paragraph (b) introductory

text;

e. Revising paragraph (b)(4)

introductory text;

f. Revising paragraph (b)(4)(ii);

g. Revising paragraph (b)(7);

h. Revising paragraph (c) introductory

text;

i. Revising paragraph (d) introductory

text;

j. Revising paragraph (d)(2);

k. Revising paragraph (e)(1)

introductory text;

l. Revising paragraph (e)(1)(ii);

m. Revising paragraph (e)(3); and

n. Removing paragraph (d)(3).

The revisions read as follows:

§ 63.489 Batch front-end process vents—

monitoring equipment.

(a) General requirements. Each owner

or operator of a batch front-end process

vent or aggregate batch vent stream that

uses a control device to comply with the

requirements in § 63.487(a)(2) or

§ 63.487(b)(2) shall install the

monitoring equipment specified in

paragraph (b) of this section. All

monitoring equipment shall be

38060 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

installed, calibrated, maintained, and

operated according to the

manufacturer’s specifications or other

written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

* * * * *

(2) Except as otherwise provided in

this subpart, the owner or operator shall

operate control devices such that the

daily average of monitored parameters,

established as specified in paragraph (e)

of this section, remains above the

minimum level or below the maximum

level, as appropriate.

(b) Batch front-end process vent and

aggregate batch vent stream monitoring

equipment. The monitoring equipment

specified in paragraphs (b)(1) through

(b)(8) of this section shall be installed as

specified in paragraph (a) of this

section. The parameters to be monitored

are specified in Table 6 of this subpart.

* * * * *

(4) Where a scrubber is used with an

incinerator, boiler, or process heater in

concert with the combustion of

halogenated batch front-end process

vents or halogenated aggregate batch

vent streams, the following monitoring

equipment is required for the scrubber:

* * * * *

(ii) A flow measurement device

equipped with a continuous recorder

shall be located at the scrubber influent

for liquid flow. Gas stream flow shall be

determined using one of the procedures

specified in paragraphs (b)(4)(ii)(A)

through (b)(4)(ii)(C) of this section.

(A) The owner or operator may

determine gas stream flow using the

design blower capacity, with

appropriate adjustments for pressure

drop.

(B) If the scrubber is subject to

regulations in 40 CFR parts 264 through

266 that have required a determination

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

the applicable compliance date for this

subpart, the owner or operator may

determine gas stream flow by the

method that had been utilized to

comply with those regulations. A

determination that was conducted prior

to the compliance date for this subpart

may be utilized to comply with this

subpart if it is still representative.

(C) The owner or operator may

prepare and implement a gas stream

flow determination plan that documents

an appropriate method which will be

used to determine the gas stream flow.

The plan shall require determination of

gas stream flow by a method which will

at least provide a value for either a

representative or the highest gas stream

flow anticipated in the scrubber during

representative operating conditions

other than start-ups, shutdowns, or

malfunctions. The plan shall include a

description of the methodology to be

followed and an explanation of how the

selected methodology will reliably

determine the gas stream flow, and a

description of the records that will be

maintained to document the

determination of gas stream flow. The

owner or operator shall maintain the

plan as specified in § 63.506(a).

* * * * *

(7) Where a carbon adsorber is used,

an integrating regeneration steam flow,

nitrogen flow, or pressure monitoring

device having an accuracy of ±10

percent of the flow rate, level, or

pressure, or better, capable of recording

the total regeneration steam flow or

nitrogen flow, or pressure (gauge or

absolute) for each regeneration cycle;

and a carbon bed temperature

monitoring device, capable of recording

the carbon bed temperature after each

regeneration and within 15 minutes of

completing any cooling cycle are

required.

* * * * *

(c) Alternative monitoring parameters.

An owner or operator of a batch frontend process vent or aggregate batch vent

stream may request approval to monitor

parameters other than those required by

paragraph (b) of this section. The

request shall be submitted according to

the procedures specified in § 63.492(e)

and § 63.506(f). Approval shall be

requested if the owner or operator:

* * * * *

(d) Monitoring of bypass lines. The

owner or operator of a batch front-end

process vent or aggregate batch vent

stream using a vent system that contains

bypass lines that could divert emissions

away from a control device used to

comply with § 63.487(a) or § 63.487(b)

shall comply with either paragraph

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

Equipment such as low leg drains, high

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

relief valves needed for safety purposes

are not subject to this paragraph (d).

* * * * *

(2) Secure the bypass line damper or

valve in the non-diverting position with

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

configuration. A visual inspection of the

seal or closure mechanism shall be

performed at least once every month to

ensure that the damper or valve is

maintained in the non-diverting

position and emissions are not diverted

through the bypass line. Records shall

be generated as specified in

§ 63.491(e)(4).

(e) * * *

(1) For each parameter monitored

under paragraph (b) or (c) of this

section, the owner or operator shall

establish a level, defined as either a

maximum or minimum operating

parameter as denoted in Table 7 of this

subpart, that indicates proper operation

of the control device. The level shall be

established in accordance with the

procedures specified in § 63.505. The

level may be based upon a prior

performance test conducted for

determining compliance with a

regulation promulgated by the EPA, and

the owner or operator is not required to

conduct a performance test under

§ 63.490, provided that the prior

performance test meets the conditions of

§ 63.490(b)(3).

* * * * *

(ii) For aggregate batch vent streams

using a control device to comply with

§ 63.487(b)(2), the established level shall

reflect the emission reduction

requirement of 90 percent specified in

§ 63.487(b)(2).

* * * * *

(3) The operating day shall be defined

as part of establishing the parameter

monitoring level and shall be submitted

with the information in paragraph (e)(2)

of this section. The definition of

operating day shall specify the time(s) at

which an operating day begins and

ends. The operating day shall not

exceed 24 hours.

12. Section 63.490 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b) introductory

text;

c. Revising paragraph (b)(3);

d. Revising paragraph (b)(5);

e. Revising paragraph (c) introductory

text;

f. Revising paragraph (c)(1)(i)(A);

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

introductory text;

h. Revising paragraphs (c)(1)(i)(C) and

(c)(1)(i)(D);

i. Revising paragraph (c)(1)(ii);

j. Revising paragraph (c)(1)(iii)

introductory text;

k. Revising paragraph (c)(1)(iii)(A);

l. Revising paragraph (c)(1)(v);

m. Revising paragraph (c)(2)

introductory text;

n. Revising paragraph (d)(1);

o. Revising paragraph (d)(2)(ii);

p. Revising paragraphs (d)(3) through

(d)(5);

q. Revising paragraph (e);

r. Revising paragraph (f); and

s. Removing paragraph (b)(6).

The revisions read as follows:

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38061

§ 63.490 Batch front-end process vents—

performance test methods and procedures

to determine compliance.

(a) Use of a flare. When a flare is used

to comply with § 63.487(a)(1) or

§ 63.487(b)(1), the owner or operator of

an affected source shall comply with

§ 63.504(c).

(b) Exceptions to performance tests.

An owner or operator is not required to

conduct a performance test when a

control device specified in paragraphs

(b)(1) through (b)(5) of this section is

used to comply with § 63.487(a)(2).

* * * * *

(3) A control device for which a

performance test was conducted for

determining compliance with a

regulation promulgated by the EPA and

the test was conducted using the same

Methods specified in this section and

either no deliberate process changes

have been made since the test, or the

owner or operator can demonstrate that

the results of the performance test, with

or without adjustments, reliably

demonstrate compliance despite process

changes.

* * * * *

(5) A hazardous waste incinerator for

which the owner or operator has been

issued a final permit under 40 CFR part

270 and complies with the requirements

of 40 CFR part 264, subpart O, or has

certified compliance with the interim

status requirements of 40 CFR part 265,

subpart O.

(c) Batch front-end process vent

testing and procedures for compliance

with § 63.487(a)(2). Except as provided

in paragraph (a) or (b) of this section, an

owner or operator using a control device

to comply with § 63.487(a)(2) shall

conduct a performance test using the

procedures specified in paragraph (c)(1)

of this section in order to determine the

control efficiency of the control device.

An owner or operator shall determine

the percent reduction for the batch cycle

using the control efficiency of the

control device as specified in

paragraphs (c)(2)(i) through (c)(2)(iii) of

this section and the procedures

specified in paragraph (c)(2) of this

section. Compliance may be based on

either total organic HAP or TOC. For

purposes of this paragraph (c), the term

‘‘batch emission episode’’ shall have the

meaning ‘‘period of the batch emission

episode selected for control,’’ which

may be the entire batch emission

episode or may only be a portion of the

batch emission episode.

(1) * * *

(i) * * *

(A) Alternatively, an owner or

operator may choose to test only those

periods of the batch emission episode

during which the emission rate for the

entire episode can be determined or

during which the emissions are greater

than the average emission rate of the

batch emission episode. The owner or

operator choosing either of these

options shall develop an emission

profile for the entire batch emission

episode, based on either process

knowledge or test data collected, to

demonstrate that test periods are

representative. Examples of information

that could constitute process knowledge

include calculations based on material

balances and process stoichiometry.

Previous test results may be used,

provided the results are still relevant to

the current batch front-end process vent

conditions.

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

appendix A, as appropriate, shall be

used for selection of the sampling sites

if the flow measuring device is a pitot

tube, except that references to

particulate matter in Method 1A do not

apply for the purposes of this subpart.

No traverse is necessary when Method

2A or 2D, 40 CFR part 60, appendix A

is used to determine gas stream

volumetric flow rate. Inlet sampling

sites shall be located as specified in

paragraphs (c)(1)(i)(B)(1) and

(c)(1)(i)(B)(2) of this section. Outlet

sampling sites shall be located at the

outlet of the final control device prior to

release to the atmosphere.

* * * * *

(C) Gas stream volumetric flow rate

and/or average batch vent flow rate shall

be determined as specified in

§ 63.488(e).

(D) Method 18 or Method 25A of 40

CFR part 60, appendix A, shall be used

to determine the concentration of

organic HAP or TOC, as appropriate.

Alternatively, any other method or data

that has been validated according to the

applicable procedures in Method 301,

40 CFR part 63, appendix A, may be

used. The use of Method 25A, 40 CFR

part 60, appendix A shall conform with

the requirements in paragraphs

(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this

section.

(1) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A shall be the single

organic HAP representing the largest

percent by volume of the emissions.

(2) The use of Method 25A, 40 CFR

part 60, appendix A is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(ii) If an integrated sample is taken

over the entire batch emission episode

to determine the average batch vent

concentration of TOC or total organic

HAP, emissions per batch emission

episode shall be calculated using

Equations 18 and 19.

E K C M AFR episode inlet j inlet j

j

n

, , inlet = ( )( ) [

















( ) ( ) =

∑

1

 T Eq. 18] h

E K C M AFR episode outlet j outlet j

j

n

, , outlet = ( )( ) [

















( ) ( ) =

∑

1

 T Eq. 19] h

Where:

Eepisode = Inlet or outlet emissions, kg/

episode.

K = Constant, 2.494 × 10 minus;6

(ppmv) minus;1 (gm-mole/scm)

(kg/gm) (min/hr), where standard

temperature is 20°C.

Cj = Average inlet or outlet

concentration of TOC or sample

organic HAP component j of the gas

stream for the batch emission

episode, dry basis, ppmv.

Mj = Molecular weight of TOC or

sample organic HAP component j of

the gas stream, gm/gm-mole.

AFR = Average inlet or outlet flow rate

of gas stream for the batch emission

episode, dry basis, scmm.

Th = Hours/episode.

n = Number of organic HAP in stream.

Note: Summation is not applicable

if TOC emissions are being

estimated using a TOC

38062 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

concentration measured using

Method 25A, 40 CFR part 60,

appendix A.

(iii) If grab samples are taken to

determine the average batch vent

concentration of TOC or total organic

HAP, emissions shall be calculated

according to paragraphs (c)(1)(iii)(A)

and (c)(1)(iii)(B) of this section.

(A) For each measurement point, the

emission rates shall be calculated using

Equations 20 and 21.

E K C M FR inlet j j

j

n

point inlet Eq. 20] , = [















=  ∑1

E K C M FR outlet j j

j

n

point outlet Eq. 21] , = [















=  ∑1

Where:

Epoint = Inlet or outlet emission rate for

the measurement point, kg/hr.

K = Constant, 2.494 × 10¥6 (ppmv)¥1

(gm-mole/scm) (kg/gm) (min/hr),

where standard temperature is 20°

C.

Cj = Inlet or outlet concentration of TOC

or sample organic HAP component

j of the gas stream, dry basis, ppmv.

Mj = Molecular weight of TOC or

sample organic HAP component j of

the gas stream, gm/gm-mole.

FR = Inlet or outlet flow rate of gas

stream for the measurement point,

dry basis, scmm.

n = Number of organic HAP in stream.

Note: Summation is not applicable

if TOC emissions are being

estimated using a TOC

concentration measured using

Method 25A, 40 CFR part 60,

appendix A.

* * * * *

(v) If the batch front-end process vent

entering a boiler or process heater with

a design capacity less than 44

megawatts is introduced with the

combustion air or as a secondary fuel,

the weight-percent reduction of total

organic HAP or TOC across the device

shall be determined by comparing the

TOC or total organic HAP in all

combusted batch front-end process

vents and primary and secondary fuels

with the TOC or total organic HAP,

respectively, exiting the combustion

device.

(2) The percent reduction for the

batch cycle shall be determined using

Equation 25 and the control device

efficiencies specified in paragraphs

(c)(2)(i) through (c)(2)(iii) of this section.

All information used to calculate the

batch cycle percent reduction, including

a definition of the batch cycle

identifying all batch emission episodes,

shall be recorded as specified in

§ 63.491(b)(2). This information shall

include identification of those batch

emission episodes, or portions thereof,

selected for control.

Percent Reduction =

E

E

[Eq. 25]

unc

i=1

n

unc

i=1

n

+ −− ( )( )

+

= =

=

∑ ∑ ∑

∑ ∑

E RE

E

inlet con inlet con

i

n

i

n

inlet con

i

n

, ,

,

1

100 1 1

1

Where:

Eunc = Mass rate of TOC or total organic

HAP for uncontrolled batch

emission episode i, kg/hr.

Einletcon = Mass rate of TOC or total

organic HAP for controlled batch

emission episode i at the inlet to the

control device, kg/hr.

R = Control efficiency of control device

as specified in paragraphs (c)(2)(i)

through (c)(2)(iii) of this section.

n = Number of uncontrolled batch

emission episodes, controlled batch

emission episodes, and control

devices. The value of n is not

necessarily the same for these three

items.

* * * * *

(d) * * *

(1) Sampling sites shall be located at

the inlet and outlet of the scrubber or

other halogen reduction device used to

reduce halogen emissions in complying

with § 63.487(c)(1) or at the outlet of the

halogen reduction device used to reduce

halogen emissions in complying with

§ 63.487(c)(2).

(2) * * *

(ii) Gas stream volumetric flow rate

and/or average batch vent flow rate shall

be determined as specified in

§ 63.488(e).

(3) To determine compliance with the

percent reduction specified in

§ 63.487(c)(1), the mass emissions for

any hydrogen halides and halogens

present at the inlet of the scrubber or

other halogen reduction device shall be

summed together. The mass emissions

of any hydrogen halides or halogens

present at the outlet of the scrubber or

other halogen reduction device shall be

summed together. Percent reduction

shall be determined by subtracting the

outlet mass emissions from the inlet

mass emissions and then dividing the

result by the inlet mass emissions and

multiplying by 100.

(4) To determine compliance with the

emission limit specified in

§ 63.487(c)(2), the annual mass

emissions for any hydrogen halides and

halogens present at the outlet of the

halogen reduction device and prior to

any combustion device shall be summed

together and compared to the emission

limit specified in § 63.487(c)(2).

(5) The owner or operator may use

any other method to demonstrate

compliance if the method or data has

been validated according to the

applicable procedures of Method 301,

40 CFR part 63, appendix A.

(e) Aggregate batch vent stream

testing for compliance with

§ 63.487(b)(2). Except as specified in

paragraphs (e)(1) through (e)(3) of this

section, owners or operators of aggregate

batch vent streams complying with

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38063

§ 63.487(b)(2) shall conduct a

performance test using the performance

testing procedures for continuous frontend process vents in § 63.116(c).

(1) For the purposes of this subpart,

when the provisions of § 63.116(c)

specify that Method 18, 40 CFR part 60,

appendix A shall be used, Method 18 or

Method 25A, 40 CFR part 60, appendix

A may be used. The use of Method 25A,

40 CFR part 60, appendix A shall

conform with the requirements in

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

section.

(i) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A shall be the single

organic HAP representing the largest

percent by volume of the emissions.

(ii) The use of Method 25A, 40 CFR

part 60, appendix A is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(2) When § 63.116(c)(4) refers to

complying with an emission reduction

of 98 percent, for the purposes of this

subpart, the 90 percent reduction

requirement specified in § 63.487(b)(2)

shall apply.

* * * * *

(f) Batch mass input limitation. The

batch mass input limitation required by

§ 63.487(g)(1) shall be determined by the

owner or operator such that annual

emissions for the batch front-end

process vent remain less than the level

specified in § 63.488(d). The batch mass

input limitation required by

§ 63.487(f)(1) shall be determined by the

owner or operator such that annual

emissions remain at a level that ensures

that the batch front-end process vent

remains a Group 2 batch front-end

process vent, given the actual annual

flow rate for that batch front-end

process vent determined according to

§ 63.488(e)(3). The batch mass input

limitation shall be determined using the

same basis, as described in

§ 63.488(a)(1), used to make the group

determination (i.e., expected mix of

products or highest-HAP recipe). The

establishment of the batch mass input

limitation is not dependent upon any

past production or activity level.

(1) If the expected mix of products

serves as the basis for the batch mass

input limitation, the batch mass input

limitation shall be determined based on

any foreseeable combination of products

that the owner or operator expects to

manufacture.

(2) If the single highest-HAP recipe

serves as the basis for the batch mass

input limitation, the batch mass input

limitation shall be determined based

solely on the production of the single

highest-HAP recipe, considering all

products produced or processed in the

batch unit operation.

13. Section 63.491 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraphs (a)(1) and

(a)(2);

c. Revising paragraph (a)(3)(i);

d. Revising paragraph (a)(4);

e. Revising paragraphs (a)(7) through

(a)(9);

f. Revising paragraph (b) introductory

text;

g. Revising paragraphs (b)(1) and

(b)(2);

h. Revising paragraphs (b)(3)(ii) and

(b)(3)(iii);

i. Revising paragraph (b)(4)(iv);

j. Revising paragraphs (d)(1) and

(d)(2);

k. Revising paragraph (e) introductory

text;

l. Revising paragraphs (e)(1)(i) and

(e)(1)(ii);

m. Revising paragraph (e)(2)

introductory text;

n. Revising paragraphs (e)(2)(i) and

(e)(2)(ii);

o. Revising paragraph (e)(3);

p. Revising paragraph (e)(4)

introductory text;

q. Revising paragraph (e)(4)(i);

r. Revising paragraph (f);

s. Adding paragraph (g); and

t. Removing and reserving paragraph

(e)(4)(ii).

The revisions and additions read as

follows:

§ 63.491 Batch front-end process vents—

recordkeeping requirements.

(a) Group determination records for

batch front-end process vents. Except as

provided in paragraphs (a)(7) and (a)(8)

of this section, each owner or operator

of an affected source shall maintain the

records specified in paragraphs (a)(1)

through (a)(6) of this section for each

batch front-end process vent subject to

the group determination procedures of

§ 63.488. Except for paragraph (a)(1) of

this section, the records required to be

maintained by this paragraph are

limited to the information developed

and used to make the group

determination under §§ 63.488(b)

through 63.488(g), as appropriate. If an

owner or operator did not need to

develop certain information (e.g.,

annual average batch vent flow rate) to

determine the group status, this

paragraph does not require that

additional information be developed.

Paragraph (a)(9) of this section specifies

the recordkeeping requirements for

Group 2 batch front-end process vents

that are exempt from the batch mass

input limitation provisions, as allowed

under § 63.487(h).

(1) An identification of each unique

product that has emissions from one or

more batch emission episodes venting

from the batch front-end process vent,

along with an identification of the single

highest-HAP recipe for each product

and the mass of HAP fed to the reactor

for that recipe.

(2) A description of, and an emission

estimate for, each batch emission

episode, and the total emissions

associated with one batch cycle, as

described in either paragraph (a)(2)(i) or

(a)(2)(ii) of this section, as appropriate.

(i) If the group determination is based

on the expected mix of products,

records shall include the emission

estimates for the single highest-HAP

recipe of each unique product identified

in paragraph (a)(1) of this section that

was considered in making the group

determination under § 63.488.

(ii) If the group determination is based

on the single highest-HAP recipe

(considering all products produced or

processed in the batch unit operation),

records shall include the emission

estimates for the single highest-HAP

recipe.

(3) * * *

(i) For Group 2 batch front-end

process vents, emissions shall be

determined at the batch mass input

limitation.

* * * * *

(4) The annual average batch vent

flow rate for the batch front-end process

vent as determined in accordance with

§ 63.488(e).

* * * * *

(7) If a batch front-end process vent is

subject to § 63.487(a) or § 63.487(b),

none of the records in paragraphs (a)(1)

through (a)(6) of this section are

required.

(8) If the total annual emissions from

the batch front-end process vent during

the group determination are less than

the appropriate level specified in

§ 63.488(d), only the records in

paragraphs (a)(1) through (a)(3) of this

section are required.

(9) For each Group 2 batch front-end

process vent that is exempt from the

batch mass input limitation provisions

because it meets the criteria of

§ 63.487(h), the records specified in

paragraphs (a)(9)(i) and (ii) shall be

maintained.

(i) Documentation of the maximum

design capacity of the EPPU; and

(ii) The mass of HAP or material that

can be charged annually to the batch

unit operation at the maximum design

capacity.

38064 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(b) Compliance demonstration

records. Each owner or operator of a

batch front-end process vent or

aggregate batch vent stream complying

with § 63.487(a) or (b), shall keep the

following records, as applicable, readily

accessible:

(1) The annual mass emissions of

halogen atoms in the batch front-end

process vent or aggregate batch vent

stream determined according to the

procedures specified in § 63.488(h).

(2) If the owner or operator of a batch

front-end process vent has chosen to

comply with § 63.487(a)(2), records

documenting the batch cycle percent

reduction as specified in § 63.490(c)(2).

(3) * * *

(ii) All visible emission readings, heat

content determinations, flow rate

measurements, and exit velocity

determinations made during the

compliance determination required by

§ 63.504(c); and

(iii) Periods when all pilot flames

were absent.

(4) * * *

(iv) For a scrubber or other halogen

reduction device following a

combustion device to control

halogenated batch front-end process

vents or halogenated aggregate batch

vent streams, the percent reduction of

total hydrogen halides and halogens, as

determined under § 63.490(d)(3) or the

emission limit determined under

§ 63.490(d)(4).

* * * * *

(d) * * *

(1) The owner or operator of a Group

2 batch front-end process vent required

to comply with § 63.487(g) shall keep

the following records readily accessible:

(i) Records designating the established

batch mass input limitation required by

§ 63.487(g)(1) and specified in

§ 63.490(f).

(ii) Records specifying the mass of

HAP or material charged to the batch

unit operation.

(2) The owner or operator of a Group

2 batch front-end process vent

complying with § 63.487(f) shall keep

the following records readily accessible:

(i) Records designating the established

batch mass input limitation required by

§ 63.487(f)(1) and specified in

§ 63.490(f).

(ii) Records specifying the mass of

HAP or material charged to the batch

unit operation.

(e) Controlled batch front-end process

vent continuous compliance records.

Each owner or operator of a batch frontend process vent that has chosen to use

a control device to comply with

§ 63.487(a) shall keep the following

records readily accessible:

(1) * * *

(i) For flares, the records specified in

Table 6 of this subpart shall be

maintained in place of continuous

records.

(ii) For carbon adsorbers, the records

specified in Table 6 of this subpart shall

be maintained in place of batch cycle

daily averages.

(2) Records of the batch cycle daily

average value of each continuously

monitored parameter, except as

provided in paragraphs (e)(2)(iii) of this

section, as calculated using the

procedures specified in paragraphs

(e)(2)(i) and (e)(2)(ii) of this section.

(i) The batch cycle daily average shall

be calculated as the average of all

parameter values measured for an

operating day during those batch

emission episodes, or portions thereof,

in the batch cycle that the owner or

operator has selected to control.

(ii) Monitoring data recorded during

periods of monitoring system

breakdowns, repairs, calibration checks,

and zero (low-level) and high-level

adjustments shall not be included in

computing the batch cycle daily

averages. In addition, monitoring data

recorded during periods of nonoperation of the EPPU (or specific

portion thereof) resulting in cessation of

organic HAP emissions, or periods of

start-up, shutdown, or malfunction shall

not be included in computing the batch

cycle daily averages.

* * * * *

(3) Hourly records of whether the flow

indicator for bypass lines specified

under § 63.489(d)(1) was operating and

whether a diversion was detected at any

time during the hour. Also, records of

the times of all periods when the vent

is diverted from the control device, or

the flow indicator specified in

§ 63.489(d)(1) is not operating.

(4) Where a seal or closure

mechanism is used to comply with

§ 63.489(d)(2), hourly records of

whether a diversion was detected at any

time are not required.

(i) For compliance with § 63.489(d)(2),

the owner or operator shall record

whether the monthly visual inspection

of the seals or closure mechanism has

been done, and shall record the

occurrence of all periods when the seal

mechanism is broken, the bypass line

damper or valve position has changed,

or the key for a lock-and-key type

configuration has been checked out, and

records of any car-seal that has been

broken.

(ii) [Reserved.]

* * * * *

(f) Aggregate batch vent stream

continuous compliance records. In

addition to the records specified in

paragraphs (b) and (c) of this section,

each owner or operator of an aggregate

batch vent stream using a control device

to comply with § 63.487(b)(1) or (b)(2)

shall keep the following records readily

accessible:.

(1) Continuous records of the

equipment operating parameters

specified to be monitored under

§ 63.489(b) and listed in Table 6 of this

subpart, as applicable, or specified by

the Administrator in accordance with

§ 63.492(e), as allowed under

§ 63.489(c), with the exceptions listed in

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

section.

(i) For flares, the records specified in

Table 6 of this subpart shall be

maintained in place of continuous

records.

(ii) For carbon adsorbers, the records

specified in Table 6 of this subpart shall

be maintained in place of daily

averages.

(2) Records of the daily average value

of each continuously monitored

parameter for each operating day

determined according to the procedures

specified in § 63.506(d).

(3) For demonstrating compliance

with the monitoring of bypass lines as

specified in § 63.489(d), records as

specified in paragraph (e)(3) or (e)(4) of

this section, as appropriate.

(g) Documentation supporting the

establishment of the batch mass input

limitation shall include the information

specified in paragraphs (g)(1) through

(g)(5) of this section, as appropriate.

(1) Identification of whether the

purpose of the batch mass input

limitation is to comply with

§ 63.487(f)(1) or (g)(1).

(2) Identification of whether the batch

mass input limitation is based on the

single highest-HAP recipe (considering

all products) or on the expected mix of

products for the batch front-end process

vent as allowed under § 63.488(a)(1).

(3) Definition of the operating year,

for the purposes of determining

compliance with the batch mass input

limitation.

(4) If the batch mass input limitation

is based on the expected mix of

products, the owner or operator shall

provide documentation that describes as

many scenarios for differing mixes of

products (i.e., how many of each type of

product) as the owner or operator

desires the flexibility to accomplish.

Alternatively, the owner or operator

shall provide a description of the

relationship among the mix of products

that will allow a determination of

compliance with the batch mass input

limitation under any number of

scenarios.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38065

(5) The mass of HAP or material

allowed to be charged to the batch unit

operation per year under the batch mass

input limitation.

14. Section 63.492 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraph (b);

c. Revising paragraph (c) introductory

text;

d. Revising paragraph (c)(2);

e. Revising paragraph (d);

f.

Revising paragraph (e);

g. Revising paragraph (f);

h. Adding paragraphs (a)(5) and (a)(6);

and

i. Removing paragraph (c)(3).

The revisions and additions read as

follows:

§ 63.492 Batch front-end process vents—

reporting requirements.

(a) The owner or operator of a batch

front-end process vent or aggregate

batch vent stream at an affected source

shall submit the information specified

in paragraphs (a)(1) through (a)(6) of this

section, as appropriate, as part of the

Notification of Compliance Status

specified in § 63.506(e)(5).

* * * * *

(5) For each Group 2 batch front-end

process vent that is exempt from the

batch mass input limitation provisions

because it meets the criteria of

§ 63.487(h), the information specified in

§ 63.491(a)(1) through (3), and the

information specified in § 63.491(a)(4)

through (6) as applicable, calculated at

the conditions specified in § 63.487(h).

(6) When engineering assessment has

been used to estimate emissions from a

batch emissions episode and the criteria

specified in § 63.488(b)(6)(i)(A) or (B)

have been met, the owner or operator

shall submit the information

demonstrating that the criteria specified

in § 63.488(b)(6)(i)(A) or (B) have been

met as part of the Notification of

Compliance Status required by

§ 63.506(e)(5).

(b) Whenever a process change, as

defined in § 63.488(i)(1), is made that

causes a Group 2 batch front-end

process vent to become a Group 1 batch

front-end process vent, the owner or

operator shall notify the Administrator

and submit a description of the process

change within 180 days after the process

change is made or with the next

Periodic Report, whichever is later. The

owner or operator of an affected source

shall comply with the Group 1 batch

front-end process vent provisions in

§§ 63.486 through 63.492 in accordance

with § 63.480(i)(2)(ii).

(c) Whenever a process change, as

defined in § 63.488(i)(1), is made that

causes a Group 2 batch front-end

process vent with annual emissions less

than the level specified in § 63.488(d)

for which the owner or operator is

required to comply with § 63.487(g) to

have annual emissions greater than or

equal to the level specified in

§ 63.488(d) but remains a Group 2 batch

front-end process vent, or if a process

change is made that requires the owner

or operator to redetermine the batch

mass input limitation as specified in

§ 63.488(i)(3), the owner or operator

shall submit a report within 180 days

after the process change is made or with

the next Periodic Report, whichever is

later. The following information shall be

submitted:

* * * * *

(2) The batch mass input limitation

determined in accordance with

§ 63.487(f)(1).

(d) The owner or operator is not

required to submit a report of a process

change if one of the conditions specified

in paragraphs (d)(1) or (d)(2) of this

section is met.

(1) The change does not meet the

description of a process change in

§ 63.488(i).

(2) The redetermined group status

remains Group 2 for an individual batch

front-end process vent with annual

emissions greater than or equal to the

level specified in § 63.488(d) and the

batch mass input limitation does not

decrease, or a Group 2 batch front-end

process vent with annual emissions less

than the level specified in § 63.488(d)

complying with § 63.487(g) continues to

have emissions less than the level

specified in § 63.488(d) and the batch

mass input limitation does not decrease.

(e) If an owner or operator uses a

control device other than those

specified in § 63.489(b) and listed in

Table 6 of this subpart or requests

approval to monitor a parameter other

than those specified in § 63.489(b) and

listed in Table 6 of this subpart, the

owner or operator shall submit a

description of planned reporting and

recordkeeping procedures, as specified

in § 63.506(f), as part of the

Precompliance Report as required under

§ 63.506(e)(3). The Administrator will

specify appropriate reporting and

recordkeeping requirements as part of

the review of the Precompliance Report.

(f) Owners or operators of affected

sources complying with § 63.489(d),

shall comply with paragraph (f)(1) or

(f)(2) of this section, as appropriate.

(1) Submit reports of the times of all

periods recorded under § 63.491(e)(3)

when the batch front-end process vent

is diverted away from the control device

through a bypass line, with the next

Periodic Report.

(2) Submit reports of all occurrences

recorded under § 63.491(e)(4) in which

the seal mechanism is broken, the

bypass line damper or valve position

has changed, or the key to unlock the

bypass line damper or valve was

checked out, with the next Periodic

Report.

15. Section 63.493 is revised to read

as follows:

§ 63.493 Back-end process provisions.

Owners and operators of new and

existing affected sources shall comply

with the requirements in §§ 63.494

through 63.500. Owners and operators

of affected sources whose only

elastomer products are latex products,

liquid rubber products, or products

produced in a gas-phased reaction

process are not subject to the provisions

of §§ 63.494 through 63.500. If latex or

liquid rubber products are produced in

an affected source that also produces

another elastomer product, the

provisions of §§ 63.484 through 63.500

do not apply to the back-end operations

dedicated to the production of one or

more latex products or to the back-end

operations during the production of a

latex product. Section 63.494 contains

residual organic HAP limitations.

Compliance with these residual organic

HAP limitations may be achieved by

using either stripping technology, or by

using control or recovery devices. If

compliance with these limitations is

achieved using stripping technology, the

procedures to determine compliance are

specified in § 63.495. If compliance with

these limitations is achieved using

control or recovery devices, the

procedures to determine compliance are

specified in § 63.496, and associated

monitoring requirements are specified

in § 63.497. Recordkeeping

requirements are contained in § 63.498,

and reporting requirements in § 63.499.

Section 63.500 contains a limitation on

carbon disulfide emissions from affected

sources that produce styrene butadiene

rubber using an emulsion process. Table

8 to this subpart contains a summary of

compliance alternative requirements for

these sections.

16. Section 63.494 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraphs (a)(1)(i),

(a)(2)(i) and (a)(3)(i);

c. Revising paragraph (a)(4); and

d. Adding paragraph (d).

The revisions and additions read as

follows:

§ 63.494 Back-end process provisions—

residual organic HAP limitations.

(a) The monthly weighted average

residual organic HAP content of all

38066 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

grades of elastomer processed, measured

after the stripping operation [or the

reactor(s), if the plant has no stripper(s)]

as specified in § 63.495(d), shall not

exceed the limits provided in

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

section, as applicable. Owners or

operators of affected sources shall

comply with the requirements of this

paragraph using either stripping

technology or control or recovery

devices.

(1) * * *

(i) A monthly weighted average of

0.40 kg styrene per megagram (Mg) latex

for existing affected sources; and

* * * * *

(2) * * *

(i) A monthly weighted average of 10

kg total organic HAP per Mg crumb

rubber (dry weight) for existing affected

sources; and

* * * * *

(3) * * *

(i) A monthly weighted average of 8

kg total organic HAP per Mg crumb

rubber (dry weight) for existing affected

sources; and

* * * * *

(4) There are no back-end process

operation residual organic HAP

limitations for neoprene, HypalonTM,

nitrile-butadiene rubber, butyl rubber,

halobutyl rubber, epichlorohydrin

elastomer, and polysulfide rubber.

There are also no back-end process

operation residual organic HAP

limitations for latex products, liquid

rubber products, products produced in

a gas-phased reaction process, styrene

butadiene rubber produced by any

process other than a solution or

emulsion process, polybutadiene rubber

produced by any process other than a

solution process, or ethylene-propylene

rubber produced by any process other

than a solution process.

* * * * *

(d) If the owner or operator complies

with the residual organic HAP

limitations in paragraph (a) of this

section using a flare, the owner or

operator of an affected source shall

comply with the requirements in

§ 63.504(c).

17. Section 63.495 is amended by:

a. Revising paragraphs (b)(2)(i) and

(b)(2)(ii);

b. Revising paragraph (b)(5); and

c. Revising paragraph (f).

The revisions read as follows:

§ 63.495 Back-end process provisions—

procedures to determine compliance using

stripping technology.

* * * * *

(b) * * *

(2) * * *

(i) If a stripper operated in batch

mode is used, at least one representative

sample is to be taken from every batch

of elastomer produced, at the location

specified in paragraph (d) of this

section, and identified by elastomer

type and by the date and time the batch

is completed.

(ii) If a stripper operated in

continuous mode is used, at least one

representative sample is to be taken

each operating day. The sample is to be

taken at the location specified in

paragraph (d) of this section, and

identified by elastomer type and by the

date and time the sample was taken.

* * * * *

(5) The monthly weighted average

shall be determined using the equation

in paragraph (f) of this section. All

samples taken and analyzed during the

month shall be used in the

determination of the monthly weighted

average, except samples taken during

periods of start-up, shutdown, or

malfunction.

* * * * *

(f) The monthly weighted average

residual organic HAP content shall be

calculated using Equation 26.

HAPCONT

C P

P avg mo

i i

i

n

mo

, =

( )( ) −

∑

1 [Eq. 26]

Where:

HAPCONTavg,mo = Monthly weighted

average organic HAP content for all

rubber processed at the affected

source, kg organic HAP per Mg

latex or dry crumb rubber.

n = Number of samples in the month.

Ci = Residual organic HAP content of

sample i, determined in accordance

with paragraph (b)(3) or (c)(3) of

this section, kg organic HAP per Mg

latex or dry crumb rubber.

Pi = Weight of latex or dry crumb rubber

represented by sample i.

Pmo = Weight of latex or dry crumb

rubber (Mg) processed in the

month.

18. Section 63.496 is amended by:

a. Revising paragraph (b) introductory

text;

b. Revising paragraph (b)(5)(i);

c. Revising paragraph (b)(5)(iii);

d. Revising paragraph (b)(6)(iv);

e. Revising paragraph (b)(7)

introductory text;

f. Revising paragraph (b)(7)(i);

g. Revising paragraph (b)(7)(iv);

h. Revising paragraph (b)(8)

introductory text;

i. Revising paragraph (c)(1); and

j. Adding paragraph (b)(7)(vi).

The revisions and additions read as

follows:

§ 63.496 Back-end process provisions—

procedures to determine compliance using

control or recovery devices.

* * * * *

(b) Compliance shall be demonstrated

using the provisions in paragraphs (b)(1)

through (b)(8) of this section, as

applicable.

* * * * *

(5) * * *

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

appendix A, as appropriate, shall be

used for selection of the sampling sites.

Sampling sites for inlet emissions shall

be located as specified in paragraphs

(b)(5)(i)(A) or (b)(5)(i)(B) of this section.

Sampling sites for outlet emissions shall

be located at the outlet of the control or

recovery device.

(A) The inlet sampling site shall be

located at the exit of the back-end

process unit operation before any

opportunity for emission to the

atmosphere [with the exception of

equipment in compliance with the

requirements in §§ 63.502(a) through

63.502(m)], and before any control or

recovery device.

(B) If back-end process vent streams

are combined prior to being routed to

control or recovery devices, the inlet

sampling site may be for the combined

stream, as long as there is no

opportunity for emission to the

atmosphere [with the exception of

equipment in compliance with the

requirements in §§ 63.502(a) through

63.502(m)] from any of the streams prior

to being combined.

* * * * *

(iii) To determine the inlet and outlet

total organic HAP concentrations, the

owner or operator shall use Method 18

or Method 25A of 40 CFR part 60,

appendix A. Alternatively, any other

method or data that has been validated

according to the applicable procedures

in Method 301, 40 CFR part 63,

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38067

appendix A may be used. The minimum

sampling time for each run shall be in

accordance with paragraph (b)(1) of this

section, during which either an

integrated sample or grab samples shall

be taken. If grab sampling is used, then

the samples shall be taken at

approximately equal intervals during

the run, with the time between samples

no greater than 15 minutes.

* * * * *

(6) * * *

(iv) The outlet total organic HAP

emissions associated with the back-end

process unit operation shall be

calculated using Equation 30, as shown

in paragraph (b)(8) of this section.

(7) An owner or operator is not

required to conduct a source test to

determine the outlet organic HAP

emissions if any control device

specified in paragraphs (b)(7)(i) through

(b)(7)(vi) of this section is used. For

these devices, the inlet emissions

associated with the back-end process

unit operation shall be determined in

accordance with paragraph (b)(5) of this

section, and the outlet emissions shall

be calculated using the equation in

paragraph (b)(8) of this section.

(i) A flare. The owner or operator

shall demonstrate compliance as

provided in § 63.504(c).

* * * * *

(iv) A control device for which a

performance test was conducted for

determining compliance with a

regulation promulgated by the EPA and

the test was conducted using the same

Methods specified in this section and

either no deliberate process changes

have been made since the test, or the

owner or operator can demonstrate that

the results of the performance test, with

or without adjustments, reliably

demonstrate compliance despite process

changes.

* * * * *

(vi) A hazardous waste incinerator for

which the owner or operator has been

issued a final permit under 40 CFR Part

270 and complies with the requirements

of 40 CFR part 264, subpart O, or has

certified compliance with the interim

status requirements of 40 CFR part 265,

subpart O.

(8) If one of the control devices listed

in paragraph (b)(6) or (b)(7) of this

section is used, the outlet emissions

shall be calculated using Equation 30.

EE R o i = − ( ) 1 [Eq. 30]

where:

Eo = Mass rate of total organic HAP at

the outlet of the control or recovery

device, dry basis, kg/hr.

Ei = Mass rate of total organic HAP at

the inlet of the control or recovery

device, dry basis, kg/hr, determined

using the procedures in paragraph

(b)(5)(iv) of this section.

R = Control efficiency of control device,

as specified in paragraph (b)(8)(i),

(ii), or (iii) of this section.

* * * * *

(c) * * *

(1) For each test run, the residual

organic HAP content, adjusted for the

control or recovery device emission

reduction, shall be calculated using

Equation 31.

HAPCONT

CP E E

P run

i run o run = ( )( ) − ( ) , , + ( )

( ) [Eq. 31]

Where:

HAPCONTrun = Residual organic HAP

content, kg organic HAP per kg

elastomer (latex or dry crumb

rubber).

C = Total uncontrolled organic HAP

content, determined in accordance

with paragraph (b)(3) of this

section, kg organic HAP per kg latex

or dry crumb rubber.

P = Weight of latex or dry crumb rubber

processed during test run.

Ei,run = Mass rate of total organic HAP at

the inlet of the control or recovery

device, dry basis, kg per test run.

Eo,run = Mass rate of total organic HAP

at the outlet of the control or

recovery device, dry basis, kg per

test run.

* * * * *

19. Section 63.497 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraph (a)(6);

c. Revising paragraph (c);

d. Revising paragraph (d) introductory

text; and

e. Removing paragraph (d)(3).

The revisions read as follows:

§ 63.497 Back-end process provisions—

monitoring provisions for control and

recovery devices.

(a) An owner or operator complying

with the residual organic HAP

limitations in § 63.494(a) using control

or recovery devices, or a combination of

stripping and control or recovery

devices, shall install the monitoring

equipment specified in paragraphs (a)(1)

through (a)(6) of this section, as

appropriate.

* * * * *

(6) For a carbon adsorber, an

integrating regeneration steam flow,

nitrogen flow, or pressure monitoring

device having an accuracy of at least

±10 percent of the flow rate, level, or

pressure, capable of recording the total

regeneration steam flow or nitrogen

flow, or pressure (gauge or absolute) for

each regeneration cycle; and a carbon

bed temperature monitoring device,

capable of recording the carbon bed

temperature after each regeneration and

within 15 minutes of completing any

cooling cycle are required.

* * * * *

(c) The owner or operator shall

establish a level, defined as either a

maximum or minimum operating

parameter, that indicates proper

operation of the control or recovery

device for each parameter monitored

under paragraphs (a)(1) through (a)(6) of

this section. This level is determined in

accordance with § 63.505. The

established level, along with supporting

documentation, shall be submitted in

the Notification of Compliance Status or

the operating permit application, as

required in § 63.506(e)(5) or (e)(8),

respectively. The owner or operator

shall operate control and recovery

devices so that the daily average value

is above or below the established level,

as required, to ensure continued

compliance with the standard, except as

otherwise stated in this subpart.

(d) The owner or operator of an

affected source with a controlled backend process vent using a vent system

that contains bypass lines that could

divert a vent stream away from the

control or recovery device used to

comply with § 63.494(a) shall comply

with paragraph (d)(1) or (d)(2) of this

section. Equipment such as low leg

drains, high point bleeds, analyzer

vents, open-ended valves or lines, and

pressure relief valves needed for safety

purposes are not subject to this

paragraph.

* * * * *

20. Section 63.498 is amended by:

a. Revising paragraph (a);

38068 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

b. Revising paragraph (d) introductory

text;

c. Revising paragraphs (d)(1) through

(d)(4);

d. Revising paragraph (d)(5)

introductory text;

e. Revising paragraph (d)(5)(i);

f. Revising paragraph (d)(5)(ii)(B);

g. Revising paragraph (d)(5)(iv)

introductory text;

h. Revising paragraph (d)(5)(iv)(A);

and

i. Removing and reserving paragraph

(d)(5)(iv)(B).

The revisions read as follows:

§ 63.498 Back-end process provisions—

recordkeeping.

(a) Each owner or operator shall

maintain the records specified in

paragraphs (b) through (d) of this

section, as appropriate.

* * * * *

(d) Each owner or operator of a backend process operation using control or

recovery devices to comply with an

organic HAP emission limitation in

§ 63.494(a) shall maintain the records

specified in paragraphs (d)(1) through

(d)(5) of this section. The recordkeeping

requirements contained in paragraphs

(d)(1) through (d)(4) pertain to the

results of the testing required by

§ 63.496(b), for each of the three

required test runs.

(1) The uncontrolled residual organic

HAP content in the latex or dry crumb

rubber, as required to be determined by

§ 63.496(b)(3), including the test results

of the analysis;

(2) The total quantity of material

(weight of latex or dry crumb rubber)

processed during the test run, recorded

in accordance with § 63.496(b)(4);

(3) The organic HAP emissions at the

inlet and outlet of the control or

recovery device, determined in

accordance with § 63.496(b)(5) through

(b)(8), including all test results and

calculations.

(4) The residual organic HAP content,

adjusted for the control or recovery

device emission reduction, determined

in accordance with § 63.496(c)(1).

(5) Each owner or operator using a

control or recovery device shall keep the

following records readily accessible:

(i) Continuous records of the

equipment operating parameters

specified to be monitored under

§ 63.497(a) or specified by the

Administrator in accordance with

§ 63.497(b). For flares, the records

specified in Table 3 of 40 CFR part 63,

subpart G shall be maintained in place

of continuous records.

(ii) * * *

(B) Monitoring data recorded during

periods of monitoring system

breakdowns, repairs, calibration checks,

and zero (low-level) and high-level

adjustments shall not be included in

computing the hourly or daily averages.

In addition, monitoring data recorded

during periods of non-operation of the

EPPU (or specific portion thereof)

resulting in cessation of organic HAP

emissions or during periods of start-up,

shutdown, or malfunction shall not be

included in computing the hourly or

daily averages. Records shall be kept of

the times and durations of all such

periods and any other periods of process

or control device operation when

monitors are not operating.

* * * * *

(iv) Where a seal mechanism is used

to comply with § 63.497(d)(2), hourly

records of flow are not required.

(A) For compliance with

§ 63.497(d)(2), the owner or operator

shall record whether the monthly visual

inspection of the seals or closure

mechanisms has been done, and shall

record instances when the seal

mechanism is broken, the bypass line

damper or valve position has changed,

or the key for a lock-and-key type

configuration has been checked out, and

records of any car-seal that has broken.

(B) [Reserved]

21. Section 63.499 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b)(2);

c. Revising paragraph (c) introductory

text;

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

e. Revising paragraph (d) introductory

text.

The revisions read as follows:

§ 63.499 Back-end process provisions—

reporting.

(a) The owner or operator of an

affected source with back-end process

operations shall submit the information

required in paragraphs (a)(1) through

(a)(3) of this section, for each back-end

process operation at the affected source,

as part of the Notification of Compliance

Status specified in § 63.506(e)(5).

(1) The type of elastomer product

processed in the back-end operation.

(2) The type of process (solution

process, emulsion process, etc.)

(3) If the back-end process operation

is subject to an emission limitation in

§ 63.494(a), whether compliance will be

achieved by stripping technology, or by

control or recovery devices.

(b) * * *

(2) For organic HAP content/stripper

monitoring parameter redeterminations, and the addition of new

grades, the information specified in

§ 63.498(c)(1) shall be submitted in the

next periodic report specified in

§ 63.506(e)(6).

(c) Each owner or operator of an

affected source with a back-end process

operation control or recovery device

that shall comply with an emission

limitation in § 63.494(a) shall submit the

information specified in paragraphs

(c)(1) through (c)(3) of this section as

part of the Notification of Compliance

Status specified in § 63.506(e)(5).

* * * * *

(3) The information specified in

paragraphs (c)(3)(i) when using a flare,

and the information specified in

paragraph (c)(3)(ii) of this section when

using a boiler or process heater.

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

all visible emission readings, heat

content determinations, flow rate

measurements, and exit velocity

determinations made during the

compliance determination; and all

periods during the compliance

determination when the pilot flame is

absent.

(ii) A description of the location at

which the vent stream is introduced

into the boiler or process heater.

(d) Whenever a process change, as

defined in § 63.496(d), is made that

causes the redetermination of the

compliance status for the back-end

process operations, the owner or

operator shall submit a report within

180 days after the process change as

specified in § 63.506(e)(7)(iii). The

report shall include:

* * * * *

22. Section 63.500 is amended by:

a. Revising paragraph (a)(3);

b. Revising paragraph (c)(1)

introductory text;

c. Revising paragraph (c)(1)(iii)

introductory text;

d. Revising paragraph (c)(2)

introductory text; and

e. Revising paragraph (d)(2).

The revisions read as follows:

§ 63.500 Back-end process provisions—

carbon disulfide limitations for styrene

butadiene rubber by emulsion processes.

(a) * * *

(3) The owner or operator shall

operate the process in accordance with

a validated standard operating

procedure at all times when styrene

butadiene rubber is being produced

using a sulfur containing shortstop

agent. If a standard operating procedure

is changed, it shall be re-validated.

* * * * *

(c) * * *

(1) The owner or operator may choose

to conduct a performance test, using the

procedures in paragraphs (c)(1)(i)

through (c)(1)(iii) of this section to

demonstrate compliance with the

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38069

carbon disulfide concentration

limitation in paragraph (a) of this

section. One test shall be conducted for

each standard operating procedure.

* * * * *

(iii) To determine compliance with

the carbon disulfide concentration limit

in paragraph (a) of this section, the

owner or operator shall use Method 18

or Method 25A of 40 CFR part 60,

appendix A to measure carbon

disulfide. Alternatively, any other

method or data that has been validated

according to the applicable procedures

in Method 301, 40 CFR part 63,

appendix A, may be used. The following

procedures shall be used to calculate

carbon disulfide concentration:

* * * * *

(2) The owner or operator may use

engineering assessment to demonstrate

compliance with the carbon disulfide

concentration limitation in paragraph

(a) of this section. Engineering

assessment includes, but is not limited

to, the following:

* * * * *

(d) * * *

(2) A description of the standard

operating procedure used during the

testing. This description shall include,

at a minimum, an identification of the

sulfur containing shortstop agent added

to the styrene butadiene rubber prior to

the dryers, an identification of the point

and time in the process where the sulfur

containing shortstop agent is added, and

an identification of the amount of sulfur

containing shortstop agent added per

unit of latex.

* * * * *

23. Section 63.501 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b);

c. Revising paragraph (c)(1); and

d. Removing paragraph (d).

The revisions read as follows:

§ 63.501 Wastewater provisions.

(a) Except as specified in paragraph

(c) of this section, the owner or operator

of each affected source shall comply

with the requirements of §§ 63.132

through 63.147 for each process

wastewater stream originating at an

affected source, with the requirements

of § 63.148 for leak inspection

provisions, and with the requirements

of § 63.149 for equipment that is subject

to § 63.149, with the differences noted

in paragraphs (a)(1) through (a)(23) of

this section. Further, the owner or

operator of each affected source shall

comply with the requirements of

§ 63.105(a) for maintenance wastewater,

as specified in paragraph (b) of this

section.

(1) When the determination of

equivalence criteria in § 63.102(b) is

referred to in §§ 63.132, 63.133, and

63.137, the provisions in § 63.6(g) shall

apply for the purposes of this subpart.

(2) When the storage vessel

requirements contained in §§ 63.119

through 63.123 are referred to in

§§ 63.132 through 63.149, §§ 63.119

through 63.123 are applicable, with the

exception of the differences referred to

in § 63.484, for the purposes of this

subpart.

(3) Owners and operators of affected

sources are not required to comply with

the requirements in § 63.132(b)(1) and

§ 63.132(d). Owners and operators of

new affected sources, as defined in this

subpart, shall comply with the

requirements for existing sources in

§§ 63.132 through 63.149, with the

exceptions noted in paragraphs (a)(4),

(a)(10), and (a)(23) of this section.

(4) When § 63.146(a) requires the

submission of a request for approval to

monitor alternative parameters

according to the procedures specified in

§ 63.151(f) or (g), owners or operators

requesting to monitor alternative

parameters shall follow the procedures

specified in § 63.506(f), for the purposes

of this subpart.

(5) When § 63.147(d) requires owners

or operators to keep records of the daily

average value of each continuously

monitored parameter for each operating

day as specified in § 63.152(f), owners

and operators shall instead keep records

of the daily average value of each

continuously monitored parameter as

specified in § 63.506(d), for the

purposes of this subpart.

(6) When §§ 63.132 through 63.149

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

‘‘existing affected source,’’ as defined in

§ 63.480(a)(3) shall apply, for the

purposes of this subpart.

(7) When §§ 63.132 through 63.149

refer to a ‘‘new source,’’ the term ‘‘new

affected source,’’ as defined in

§ 63.480(a)(4) shall apply, for the

purposes of this subpart.

(8) Whenever §§ 63.132 through

63.149 refer to a ‘‘chemical

manufacturing process unit,’’ the term

‘‘elastomer product process unit,’’ (or

EPPU) as defined in § 63.482, shall

apply for the purposes of this subpart.

In addition, when § 63.149 refers to ‘‘a

chemical manufacturing process unit

that meets the criteria of § 63.100(b) of

subpart F of this part,’’ the term ‘‘an

EPPU as defined in § 63.482(b)’’ shall

apply for the purposes of this subpart.

(9) When § 63.132(a) and (b) refer to

the ‘‘applicable dates specified in

§ 63.100 of subpart F of this part,’’ the

compliance dates specified in § 63.481

shall apply, for the purposes of this

subpart.

(10) The provisions of paragraphs

(a)(10)(i), (a)(10)(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 §§ 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 § 63.482 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 and/or List 2, as listed in 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 § 63.482

and that are listed in table 36 of 40 CFR

part 63, subpart G, for the purposes of

this subpart.

(11) Whenever §§ 63.132 through

63.147 refer to a Group 1 wastewater

stream or a Group 2 wastewater stream,

the definitions of these terms contained

in § 63.482 shall apply, for the purposes

of this subpart.

(12) When § 63.149(d) refers to

‘‘§ 63.100(f) of subpart F’’ the phrase

‘‘§ 63.480(c)’’ shall apply for the

purposes of this subpart. In addition,

where § 63.149(d) states ‘‘and the item

of equipment is not otherwise exempt

from controls by the provisions of

subparts A, F, G, or H of this part’’, the

phrase ‘‘and the item of equipment is

not otherwise exempt from controls by

the provisions of subparts A, F, G, H, or

U of this part,’’ shall apply for the

purposes of this subpart.

(13) When § 63.149(e)(1) and (e)(2)

refer to ‘‘a chemical manufacturing

process unit subject to the new source

requirements of 40 CFR 63.100(l)(1) or

40 CFR 63.100 (l)(2),’’ the phrase ‘‘an

EPPU that is part of a new affected

source or that is a new affected source,’’

shall apply for the purposes of this

subpart.

(14) When the Notification of

Compliance Status requirements

contained in § 63.152(b) are referred to

in §§ 63.138 and 63.146, the Notification

of Compliance Status requirements

contained in § 63.506(e)(5) shall apply

for the purposes of this subpart. In

addition, when §§ 63.138 and 63.146

require that information be reported

38070 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

according to § 63.152(b) in the

Notification of Compliance Status,

owners or operators of affected sources

shall report the specified information in

the Notification of Compliance Status

required by § 63.506(e)(5), for the

purposes of this subpart.

(15) When the Periodic Report

requirements contained in § 63.152(c)

are referred to in § 63.146, the Periodic

Report requirements contained in

§ 63.506(e)(6) shall apply for the

purposes of this subpart. In addition,

when § 63.146 requires that information

be reported in the Periodic Reports

required in § 63.152(c), owners or

operators of affected sources shall report

the specified information in the Periodic

Reports required in § 63.506(e)(6), for

the purposes of this subpart.

(16) When the term ‘‘range’’ is used in

§§ 63.132 through 63.149, the term

‘‘level’’ shall apply instead, for the

purposes of this subpart. This level shall

be determined using the procedures

specified in § 63.505.

(17) When § 63.143(f) specifies that

owners or operators shall establish the

range that indicates proper operation of

the treatment process or control device,

the owner or operator shall instead

comply with the requirements of

§ 63.505(c) or (d) for establishing

parameter level maximums/minimums,

for the purposes of this subpart.

(18) When § 63.146(b)(7) and

§ 63.146(b)(8) require that ‘‘the

information on parameter ranges

specified in § 63.152(b)(2)’’ be reported

in the Notification of Compliance

Status, owners and operators of affected

sources are instead required to report

the information on parameter levels in

the Notification of Compliance Status as

specified in § 63.506(e)(5)(ii), for the

purposes of this subpart.

(19) For the purposes of this subpart,

the owner or operator of an affected

source is not required to include process

wastewater streams that contain styrene

when conducting performance tests for

the purposes of calculating the required

mass removal (RMR) or the actual mass

removal (AMR) under the provisions

described in § 63.145(f) or § 63.145(g).

For purposes of this paragraph, a

process wastewater stream is considered

to contain styrene if the wastewater

stream meets the requirements in

paragraph (a)(19)(i), (ii), or (iii) of this

section:

(i) The wastewater stream originates

at equipment that produces styrene

butadiene rubber by solution;

(ii) The wastewater stream originates

at equipment that produces styrene

butadiene rubber by emulsion; or

(iii) The wastewater stream originates

at equipment that produces styrene

butadiene latex.

(20) When the provisions of

§ 63.139(c)(1)(ii), § 63.145(d)(4), or

§ 63.145(i)(2) specify that Method 18, 40

CFR part 60, appendix A shall be used,

Method 18 or Method 25A, 40 CFR part

60, appendix A may be used for the

purposes of this subpart. The use of

Method 25A, 40 CFR part 60, appendix

A shall conform with the requirements

in paragraphs (a)(20)(i) and (a)(20)(ii) of

this section.

(i) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A shall be the single

organic HAP representing the largest

percent by volume of the emissions.

(ii) The use of Method 25A, 40 CFR

part 60, appendix A is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(21) In § 63.145(j), instead of the

reference to § 63.11(b), and instead of

§ 63.145(j)(1) and § 63.145(j)(2), the

requirements in § 63.504(c) shall apply.

(22) The owner or operator of a

facility which receives a Group 1

wastewater stream, or a residual

removed from a Group 1 wastewater

stream, for treatment pursuant to

§ 63.132(g) is subject to the

requirements of § 63.132(g) with the

differences identified in this section,

and is not subject to subpart DD of this

part, with respect to the received

material.

(23) When § 63.132(g) refers to

‘‘§§ 63.133 through 63.137’’ or

‘‘§§ 63.133 through 63.147’’, the

provisions in this § 63.501 shall apply,

for the purposes of this subpart.

(b) Except for those streams exempted

by paragraph (c) of this section, the

owner or operator of each affected

source shall comply with the

requirements for maintenance

wastewater in § 63.105, except that

when § 63.105(a) refers 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

§ 63.482 and that are listed in table 9 of

40 CFR part 63, subpart G, for the

purposes of this subpart.

(c) * * *

(1) Back-end wastewater streams

originating from equipment whose only

elastomer products are latex products.

24. Section 63.502 is amended by:

a. Revising the section title;

b. Revising paragraph (a);

c. Revising paragraph (b) introductory

text;

d. Revising paragraphs (b)(1) through

(b)(3);

e. Revising paragraphs (b)(5) through

(b)(7);

f. Revising paragraph (c);

g. Revising paragraph (d);

h. Revising paragraph (e);

i. Revising paragraph (f);

j. Revising paragraph (g);

k. Revising paragraph (h);

l. Revising paragraph (i);

m. Revising paragraph (j);

n. Adding paragraph (k);

o. Adding paragraph (l);

p. Adding paragraph (m); and

q. Adding paragraph (n).

The revisions and additions read as

follows:

§ 63.502 Equipment leak and heat

exchange system provisions.

(a) Equipment leak provisions. The

owner or operator of each affected

source, shall comply with the

requirements of subpart H of this part,

with the exceptions noted in paragraphs

(b) through (m) of this section.

(b) Surge control vessels and bottoms

receivers described in paragraphs (b)(1)

through (b)(7) of this section are exempt

from the requirements contained in

§ 63.170.

(1) Surge control vessels and bottoms

receivers that receive only styrenebutadiene latex;

(2) Surge control vessels and bottoms

receivers that receive latex products

other than styrene-butadiene latex,

located downstream of the stripping

operations;

(3) Surge control vessels and bottoms

receivers that receive only high

conversion latex products;

* * * * *

(5) Surge control vessels and bottoms

receivers that receive only styrene;

(6) Surge control vessels and bottoms

receivers that receive only acrylamide;

and

(7) Surge control vessels and bottoms

receivers that receive only

epichlorohydrin.

(c) The compliance date for the

equipment leak provisions in this

section is provided in § 63.481(d).

Whenever subpart H of this part refers

to the compliance dates specified in any

paragraph contained in § 63.100, the

compliance dates listed in § 63.481(d)

shall instead apply, for the purposes of

this subpart. When § 63.182(c)(4) refers

to ‘‘sources subject to subpart F,’’ the

phrase ‘‘sources subject to this subpart’’

shall apply, for the purposes of this

subpart. In addition, extensions of

compliance dates are addressed by

§ 63.481(e) instead of by § 63.182(a)(6),

for the purposes of this subpart.

(d) For an affected source producing

polybutadiene rubber or styrene

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38071

butadiene rubber by solution, the

conditions in paragraphs (d)(1), (d)(2),

and (d)(3) of this section are applicable.

(1) Indications of liquids dripping, as

defined in subpart H of this part, from

bleed ports in pumps and agitator seals

in light liquid service, shall not be

considered a leak. For the purposes of

this subpart, a ‘‘bleed port’’ is a

technologically-required feature of the

pump or seal whereby polymer fluid

used to provide lubrication and/or

cooling of the pump or agitator shaft

exits the pump, thereby resulting in a

visible dripping of fluid.

(2) For reciprocating pumps in heavy

liquid service, owners and operators are

not required to comply with the

requirements in § 63.169 and associated

recordkeeping and reporting

requirements.

(3) Reciprocating pumps in light

liquid service are exempt from § 63.163

and associated recordkeeping and

reporting requirements, if recasting the

distance piece or reciprocating pump

replacement would be necessary to

comply with that section.

(e) Owners and operators of an

affected source subject to this subpart

are not required to submit the Initial

Notification required by § 63.182(a)(1)

and § 63.182(b).

(f) As specified in § 63.506(e)(5), the

Notification of Compliance Status

required by § 63.182(a)(2) and

§ 63.182(c) shall be submitted within

150 days (rather than 90 days) of the

applicable compliance date specified in

§ 63.481(d) for the equipment leak

provisions.

(g) The information specified by

§ 63.182(a)(3) and § 63.182(d) (i.e.,

Periodic Reports) shall be submitted as

part of the Periodic Reports required by

§ 63.506(e)(6).

(h) If specific items of equipment,

comprising part of a process unit subject

to this subpart, are managed by different

administrative organizations (e.g.,

different companies, affiliates,

departments, divisions, etc.), those

items of equipment may be aggregated

with any EPPU within the affected

source for all purposes under subpart H

of this part, providing there is no delay

in achieving the applicable compliance

date.

(i) When § 63.166(b)(4)(i) refers to

Table 9 of subpart G of this part, the

owner or operator is only required to

consider organic HAP listed on Table 9

of subpart G of this subpart that are also

listed on Table 5 of this subpart.

(j) When the provisions of subpart H

of this part specify that Method 18, 40

CFR part 60, appendix A shall be used,

either Method 18 or Method 25A, 40

CFR part 60, appendix A may be used

for the purposes of this subpart. The use

of Method 25A, 40 CFR part 60,

appendix A shall conform with the

requirements in paragraphs (j)(1) and

(j)(2) of this section.

(1) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A shall be the single

organic HAP representing the largest

percent by volume of emissions.

(2) The use of Method 25A, 40 CFR

part 63, appendix A is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(k) An owner or operator using a flare

to comply with the requirements of this

section shall conduct a compliance

demonstration as specified in

§ 63.504(c).

(l) When the term ‘‘equipment’’ is

used in subpart H of this part, the

definition of this term in § 63.482(b)

shall apply for the purposes of this

subpart.

(m) The phrase ‘‘the provisions of

subparts F, I, or U of this part’’ shall

apply instead of the phrase ‘‘the

provisions of subpart F or I of this part’’

throughout §§ 63.163 and 63.168, for the

purposes of this subpart. In addition,

the phrase ‘‘subparts F, I, and U’’ shall

apply instead of the phrase ‘‘subparts F

and I’’ in § 63.174(c)(2)(iii), for the

purposes of this subpart.

(n) Heat exchange system provisions.

The owner or operator of each affected

source shall comply with the

requirements of § 63.104 for heat

exchange systems, with the exceptions

noted in paragraphs (n)(1) through (n)(5)

of this section.

(1) When the term ‘‘chemical

manufacturing process unit’’ is used in

§ 63.104, the term ‘‘elastomer product

process unit’’ (or EPPU) shall apply for

the purposes of this subpart, with the

exception noted in paragraph (n)(2) of

this section.

(2) When the phrase ‘‘a chemical

manufacturing process unit meeting the

conditions of § 63.100(b)(1) through

(b)(3) of this subpart, except for

chemical manufacturing process units

meeting the condition specified in

§ 63.100(c) of this subpart’’ is used in

§ 63.104(a), the term ‘‘an EPPU, except

for EPPUs meeting the condition

specified in § 63.480(b)’’ shall apply for

the purposes of this subpart.

(3) When § 63.104 refers to Table 4 of

subpart F of this part or Table 9 of

subpart G of this part, the owner or

operator is only required to consider

organic HAP listed on Table 5 of this

subpart.

(4) When § 63.104(c)(3) specifies the

monitoring plan retention requirements,

and when § 63.104(f)(1) refers to the

record retention requirements in

§ 63.103(c)(1), the requirements in

§ 63.506(a) and § 63.506(h) shall apply,

for the purposes of this subpart.

(5) When § 63.104(f)(2) requires

information to be reported in the

Periodic Reports required by § 63.152(c),

the owner or operator shall instead

report the information specified in

§ 63.104(f)(2) in the Periodic Reports

required by § 63.506(e)(6), for the

purposes of this subpart.

(6) The compliance date for heat

exchange systems subject to the

provisions of this section is specified in

§ 63.481(d)(6).

25. Section 63.503 is amended by:

a. Revising paragraph (e)(3)(ii);

b. Revising paragraph (g)(2)(iii)(B)(2);

c. Revising paragraph (h)(1)

introductory text;

d. Revising paragraph (h)(7)(ii)

introductory text;

e. Revising paragraph (i)(1)

introductory text; and

f. Revising paragraph (m)(3)(iii).

The revisions read as follows:

§ 63.503 Emissions averaging provisions.

* * * * *

(e) * * *

(3) * * *

(ii) The initial demonstration in the

Emissions Averaging Plan or operating

permit application that credit-generating

emission points will be capable of

generating sufficient credits to offset the

debits from the debit-generating

emission points shall be made under

representative operating conditions.

After the compliance date, actual

operating data shall be used for all debit

and credit calculations.

* * * * *

(g) * * *

(2) * * *

(iii) * * *

(B) * * *

(2) For determining debits from Group

1 continuous front-end process vents,

product recovery devices shall not be

considered control devices and shall not

be assigned a percent reduction in

calculating ECFEPViACTUAL. The

sampling site for measurement of

uncontrolled emissions shall be after the

final uncontrolled recovery device.

However, as provided in § 63.113(a)(3),

a Group 1 continuous front-end process

vent may add sufficient product

recovery to raise the TRE index value

above 1.0, thereby becoming a Group 2

continuous front-end process vent. Such

a continuous front-end process vent is

not a Group 1 continuous front-end

38072 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

process vent and should, therefore, not

be included in determining debits under

this paragraph.

* * * * *

(h) * * *

(1) Source-wide credits shall be

calculated using Equation 41. Credits

and all terms of the equation are in units

of Mg/month, and the baseline date is

November 15, 1990:

Credits D D

D D EBEP

D

i

n

i

m

i

n

i

m

ACTUAL

i

m

i

n

= ( ) ( ) − + − ( )

+ ( ) ( ) − + − ( ) + ( ) − ( )

+ − ( ) ( ) −

= =

= =

= =

∑ ∑

∑ ∑

∑ ∑

0 02

0 05

1 1

1 1

1 1

.

.

 ECFEPV1 ECFEPV1 ECFEPV2 ECFEPV2

 D ES1 ES1 ES2 ES2 EBEP

 EWW1 EWW1 + D EWW2 EWW2 

+ D

iu iACTUAL iBASE iACTUAL

iu iACTUAL iBASE iACTUAL c

ic iACTUAL iBASE iACTUAL

01 01

1 1

1 1

. .

[

( ) ( ) − ( ) ( ) −

( ) − + − ( )

= =

= =

∑ ∑

∑ ∑

 EBFEPV1 EBFEPV1 + EABV1 EABV1 

+ EBFEPV2 EBFEPV2 EABV2 EABV2 Eq. 41]

iu iACTUAL iu iACTUAL

iBASE iACTUAL iBASE iACTUAL

i

n

i

n

i

m

i

m

D

D D

Where:

D = Discount factor = 0.9 for all credit

generating emission points, except

those controlled by a pollution

prevention measure; discount factor

= 1.0 for each credit generating

emission point controlled by a

pollution prevention measure (i.e.,

no discount provided).

ECFEPV1iACTUAL = Emissions for each

Group 1 continuous front-end

process vent i that is controlled to

a level more stringent than the

reference control technology.

ECFEPV1iACTUAL is calculated

according to paragraph (h)(2)(ii) of

this section.

(0.02)ECFEPV1iu = Emissions from each

Group 1 continuous front-end

process vent i if the reference

control technology had been

applied to the uncontrolled

emissions. ECFEPV1iu is calculated

according to paragraph (h)(2)(i) of

this section.

ECFEPV2iACTUAL = Emissions from each

Group 2 continuous front-end

process vent i that is controlled.

ECFEPV2iACTUAL is calculated

according to paragraph (h)(2)(iii) of

this section.

ECFEPV2iBASE = Emissions from each

Group 2 continuous front-end

process vent i at the baseline date.

ECFEPV2iBASE is calculated in

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

ES1iACTUAL = Emissions from each

Group 1 storage vessel i that is

controlled to a level more stringent

than the reference control

technology or standard. ES1iACTUAL

is calculated according to paragraph

(h)(3) of this section.

(0.05) ES1iu = Emissions from each

Group 1 storage vessel i if the

reference control technology had

been applied to the uncontrolled

emissions. ES1iu is calculated

according to paragraph (h)(3) of this

section.

ES2iACTUAL = Emissions from each

Group 2 storage vessel i that is

controlled. ES2iACTUAL is calculated

according to paragraph (h)(3) of this

section.

ES2iBASE = Emissions from each Group

2 storage vessel i at the baseline

date. ES2iBASE is calculated in

paragraph (h)(3) of this section.

EBEPACTUAL = Actual emissions from

back-end process operations, Mg/

month. EBEPACTUAL is calculated in

paragraph (h)(4)(i) of this section.

EBEPc = Emissions from back-end

process operations if the residual

organic HAP limits in § 63.494(a)

were met, Mg/month. EBEPc is

calculated in paragraph (h)(4)(ii) of

this section.

EWW1iACTUAL = Emissions from each

Group 1 wastewater stream i that is

controlled to a level more stringent

than the reference control

technology. EWW1iACTUAL is

calculated according to paragraph

(h)(5) of this section.

EWW1ic = Emissions from each Group 1

wastewater stream i if the reference

control technology had been

applied to the uncontrolled

emissions. EWW1ic is calculated

according to paragraph (h)(5) of this

section.

EWW2iACTUAL = Emissions from each

Group 2 wastewater stream i that is

controlled. EWW2iACTUAL is

calculated according to paragraph

(h)(5) of this section.

EWW2iBASE = Emissions from each

Group 2 wastewater stream i at the

baseline date. EWW2iBASE is

calculated according to paragraph

(h)(5) of this section.

(0.1) EBFEPV1iu = Emissions from each

Group 1 batch front-end process

vent i if the applicable standard had

been applied to the uncontrolled

emissions. EBFEPV1iu is calculated

according to paragraph (h)(6)(i) of

this section.

EBFEPV1iACTUAL = Emissions from each

Group 1 batch front-end process

vent i that is controlled to a level

more stringent than the applicable

standard. EBFEPV1iACTUAL is

calculated according to paragraph

(h)(6)(ii) of this section.

(0.1)EABV1iu = Emissions from each

Group 1 aggregate batch vent stream

i if the applicable standard had

been applied to the uncontrolled

emissions. EABV1iu is calculated

according to paragraph (h)(7)(i) of

this section.

EABV1iACTUAL = Emissions from each

Group 1 aggregate batch vent stream

i that is controlled to a level more

stringent than the applicable

standard. EABV1iACTUAL is

calculated according to paragraph

(h)(7)(ii) of this section.

EBFEPV2iBASE = Emissions from each

Group 2 batch front-end process

vent i at the baseline date.

EBFEPV2iBASE is calculated

according to paragraph (h)(6)(iv) of

this section.

EBFEPV2iACTUAL = Emissions from each

Group 2 batch front-end process

vent i that is controlled.

EBFEPV2iACTUAL is calculated

according to paragraph (h)(6)(iii) of

this section.

EABV2iBASE = Emissions from each

Group 2 aggregate batch vent stream

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38073

i at the baseline date. EABV2iBASE is

calculated according to paragraph

(h)(7)(iv) of this section.

EABV2iACTUAL = Emissions from each

Group 2 aggregate batch vent stream

i that is controlled. EABV2iACTUAL

is calculated according to paragraph

(h)(7)(iii) of this section.

n = Number of Group 1 emission points

included in the emissions average.

The value of n is not necessarily the

same for continuous front-end

process vents, batch front-end

process vents, aggregate batch vent

streams, storage vessels, wastewater

streams, or the collection of process

sections within the affected source.

m = Number of Group 2 emission points

included in the emissions average.

The value of m is not necessarily

the same for continuous front-end

process vents, batch front-end

process vents, aggregate batch vent

streams, storage vessels, wastewater

streams, or the collection of process

sections within the affected source.

* * * * *

(7) * * *

(ii) Actual emissions from Group 1

aggregate batch vent streams controlled

to a level more stringent than the

standard (EABV1iACTUAL) shall be

calculated using Equation 49.

EABV EABV 1 11 iACTUAL iu 100% = − 







Percent reduction [Eq. 49]

* * * * *

(i) * * *

(1) In those cases where the owner or

operator is seeking permission to take

credit for use of a control technology

that is different in use or design from

the reference control technology, and

the different control technology will be

used in more than three applications at

a single plant-site, the owner or operator

shall submit the information specified

in paragraphs (i)(1)(i) through (i)(1)(iv)

of this section, as specified in

§ 63.506(e)(7)(ii), to the Director of the

EPA Office of Air Quality Planning and

Standards, in writing.

* * * * *

(m) * * *

(3) * * *

(iii) For closed vent systems with

control devices, conduct an initial

design evaluation and submit an

operating plan according to the

procedures specified in § 63.120(d) and

§ 63.122(b), and as required by § 63.484.

* * * * *

26. Section 63.504 is revised

(including the section title) to read as

follows:

§ 63.504 Additional requirements for

performance testing.

(a) Performance testing shall be

conducted in accordance with

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

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

specified in paragraphs (a)(1) through

(a)(5) of this section and the additions

specified in paragraph (b) of this

section. Sections 63.484 through 63.501

also contain specific testing

requirements.

(1) Performance tests shall be

conducted according to the provisions

of § 63.7(e)(1) and (e)(2), except that

performance tests shall be conducted at

maximum representative operating

conditions 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) of this section to

occur.

(i) The 6-month period that ends 2

months before the Notification of

Compliance Status is due, according to

§ 63.506(e)(5); or the 6-month period

that begins 3 months before the

performance test and ends 3 months

after the performance test.

(ii) Causing damage to equipment;

necessitating that the owner or operator

make product that does not meet an

existing specification for sale to a

customer; or necessitating that the

owner or operator make product in

excess of demand.

(2) References in § 63.7(g) to the

Notification of Compliance Status

requirements in § 63.9(h) shall refer to

the requirements in § 63.506(e)(5).

(3) Because the site-specific test plans

in § 63.7(c)(3) are not required,

§ 63.7(h)(4)(ii) is not applicable.

(4) The owner or operator shall notify

the Administrator of the intent to

conduct a performance test at least 30

days before the performance test is

scheduled, to allow the Administrator

the opportunity to have an observer

present during the test. If after 30 days

notice for an initially scheduled

performance test, there is a delay (due

to operational problems, etc.) in

conducting the scheduled performance

test, the owner or operator of an affected

facility shall notify the Administrator as

soon as possible of any delay in the

original test date, either by providing at

least 7 days prior notice of the

rescheduled date of the performance

test, or by arranging a rescheduled date

with the Administrator by mutual

agreement.

(5) Performance tests shall be

performed no later than 150 days after

the compliance dates specified in this

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

included in the Notification of

Compliance Status), rather than

according to the time periods in

§ 63.7(a)(2).

(b) Data shall be reduced in

accordance with the EPA approved

methods specified in the applicable

subpart or, if other test methods are

used, the data and methods shall be

validated according to the protocol in

Method 301, 40 CFR part 63, appendix

A.

(c) Notwithstanding any other

provision of this subpart, if an owner or

operator of an affected source uses a

flare to comply with any of the

requirements of this subpart, the owner

or operator shall comply with

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

section. The owner or operator is not

required to conduct a performance test

to determine percent emission reduction

or outlet organic HAP or TOC

concentration. If a compliance

demonstration has been conducted

previously for a flare, using the

techniques specified in paragraphs (c)(1)

through (c)(3) of this section, that

compliance demonstration may be used

to satisfy the requirements of this

paragraph if either no deliberate process

changes have been made since the

compliance demonstration, or the

results of the compliance demonstration

reliably demonstrate compliance despite

process changes.

(1) Conduct a visible emission test

using the techniques specified in

§ 63.11(b)(4);

(2) Determine the net heating value of

the gas being combusted, using the

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

and

(3) Determine the exit velocity using

the techniques specified in either

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

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

appropriate.

27. Section 63.505 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b) introductory

text;

c. Revising paragraph (b)(2);

d. Revising paragraph (b)(3)

introductory text;

38074 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

e. Revising paragraphs (b)(3)(i)(A)

through (b)(3)(i)(D);

f. Revising paragraph (b)(3)(ii);

g. Revising paragraph (c);

h. Revising paragraph (d);

i. Revising paragraph (e) introductory

text;

j. Revising paragraph (e)(3);

k. Revising paragraph (g)(1)

introductory text;

l. Revising paragraphs (g)(1)(ii) and

(g)(1)(iii);

m. Revising paragraph (g)(2)

introductory text;

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

o. Revising paragraph (h)(1)

introductory text;

p. Revising paragraph (h)(2)

introductory text;

q. Removing and reserving paragraph

(b)(1);

r. Removing and reserving paragraph

(f);

s. Removing paragraph (b)(3)(i)(E);

t. Adding paragraph (g)(1)(v); and

u. Adding paragraph (g)(3).

The revisions and additions read as

follows:

§ 63.505 Parameter monitoring levels and

excursions.

(a) Establishment of parameter

monitoring levels. The owner or

operator of a control or recovery device

that has one or more parameter

monitoring level requirements specified

under this subpart shall establish a

maximum or minimum level for each

measured parameter. If a performance

test is required by this subpart for a

control device, the owner or operator

shall use the procedures in either

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

establish the parameter monitoring

level(s). If a performance test is not

required by this subpart for a control

device, the owner or operator may use

the procedures in paragraph (b), (c), or

(d) of this section to establish the

parameter monitoring levels. When

using the procedures specified in

paragraph (c) or (d) of this section, the

owner or operator shall submit the

information specified in

§ 63.506(e)(3)(vii) for review and

approval, as part of the Precompliance

Report.

(1) The owner or operator shall

operate control and recovery devices

such that the daily average of monitored

parameters remains above the minimum

established level or below the maximum

established level, except as otherwise

stated in this subpart.

(2) As specified in § 63.506(e)(5), all

established levels, along with their

supporting documentation and the

definition of an operating day, shall be

submitted as part of the Notification of

Compliance Status.

(3) Nothing in this section shall be

construed to allow a monitoring

parameter excursion caused by an

activity that violates other applicable

provisions of subpart A, F, G, or H of

this part.

(b) Establishment of parameter

monitoring levels based exclusively on

performance tests. In cases where a

performance test is required by this

subpart, or the owner or operator of the

affected source elects to do a

performance test in accordance with the

provisions of this subpart, and an owner

or operator elects to establish a

parameter monitoring level for a control,

recovery, or recapture device based

exclusively on parameter values

measured during the performance test,

the owner or operator of the affected

source shall comply with the

procedures in paragraphs (b)(1) through

(b)(4) of this section, as applicable.

(1) [Reserved]

(2) Back-end process operations using

a control or recovery device to comply

with §§ 63.493 through 63.500 and

continuous front-end process vents.

During initial compliance testing, the

appropriate parameter shall be

continuously monitored during the

required 1-hour runs. The monitoring

level(s) shall then be established as the

average of the maximum (or minimum)

point values from the three test runs.

The average of the maximum values

shall be used when establishing a

maximum level, and the average of the

minimum values shall be used when

establishing a minimum level.

(3) Batch front-end process vents. The

monitoring level(s) shall be established

using the procedures specified in either

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

section. The procedures specified in this

paragraph (b)(3) may only be used if the

batch emission episodes, or portions

thereof, selected to be controlled were

tested, and monitoring data were

collected, during the entire period in

which emissions were vented to the

control device, as specified in

§ 63.490(c)(1)(i). If the owner or operator

chose to test only a portion of the batch

emission episode, or portion thereof,

selected to be controlled, the procedures

in paragraph (c) of this section shall be

used.

(i) * * *

(A) The average monitored parameter

value shall be calculated for each batch

emission episode, or portion thereof, in

the batch cycle selected to be controlled.

The average shall be based on all values

measured during the required

performance test.

(B) If the level to be established is a

maximum operating parameter, the level

shall be defined as the minimum of the

average parameter values of the batch

emission episodes, or portions thereof,

in the batch cycle selected to be

controlled (i.e., identify the emission

episode, or portion thereof, which

requires the lowest parameter value in

order to assure compliance. The average

parameter value that is necessary to

assure compliance for that emission

episode, or portion thereof, shall be the

level for all emission episodes, or

portions thereof, in the batch cycle, that

are selected to be controlled).

(C) If the level to be established is a

minimum operating parameter, the level

shall be defined as the maximum of the

average parameter values of the batch

emission episodes, or portions thereof,

in the batch cycle selected to be

controlled (i.e., identify the emission

episode, or portion thereof, which

requires the highest parameter value in

order to assure compliance. The average

parameter value that is necessary to

assure compliance for that emission

episode, or portion thereof, shall be the

level for all emission episodes, or

portions thereof, in the batch cycle, that

are selected to be controlled).

(D) Alternatively, an average

monitored parameter value shall be

calculated for the entire batch cycle

based on all values measured during

each batch emission episode, or portion

thereof, selected to be controlled.

(ii) Instead of establishing a single

level for the batch cycle, as described in

paragraph (b)(3)(i) of this section, an

owner or operator may establish

separate levels for each batch emission

episode, or portion thereof, selected to

be controlled. Each level shall be

determined as specified in paragraph

(b)(3)(i)(A) of this section.

* * * * *

(c) Establishment of parameter

monitoring levels based on performance

tests, supplemented by engineering

assessments and/or manufacturer’s

recommendations. In cases where a

performance test is required by this

subpart, or the owner or operator elects

to do a performance test in accordance

with the provisions of this subpart, and

the owner or operator elects to establish

a parameter monitoring level for a

control, recovery, or recapture device

under this paragraph (c), the owner or

operator shall supplement the parameter

values measured during the

performance test with engineering

assessments and/or manufacturer’s

recommendations. Performance testing

is not required to be conducted over the

entire range of expected parameter

values.

(d) Establishment of parameter

monitoring based on engineering

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38075

assessments and/or manufacturer’s

recommendations. In cases where a

performance test is not required by this

subpart and an owner or operator elects

to establish a parameter monitoring

level for a control, recovery, or

recapture device under this paragraph

(d), the determination of the parameter

monitoring level shall be based

exclusively on engineering assessments

and/or manufacturer’s

recommendations.

(e) Demonstration of compliance with

back-end process provisions using

stripper parameter monitoring. If the

owner or operator is demonstrating

compliance with § 63.495 using stripper

parameter monitoring, stripper

parameter levels shall be established for

each grade in accordance with

paragraphs (e)(1) and (e)(2) of this

section. A single set of stripper

parameter levels may be representative

of multiple grades.

* * * * *

(3) After the initial determinations, an

owner or operator may add a grade, with

corresponding stripper parameter levels,

using the procedures in paragraphs

(e)(1) and (e)(2) of this section. The

results of this determination shall be

submitted in the next periodic report.

* * * * *

(f) [Reserved]

(g) * * *

(1) With respect to storage vessels

(where the applicable monitoring plan

specifies continuous monitoring),

continuous front-end process vents,

aggregate batch vent streams, back-end

process operations complying through

the use of control or recovery devices,

and process wastewater streams, an

excursion means any of the three cases

listed in paragraphs (g)(1)(i) through

(g)(1)(iii) of this section. For a control or

recovery device where multiple

parameters are monitored, if one or

more of the parameters meets the

excursion criteria in paragraphs (g)(1)(i)

through (g)(1)(iii) of this section, this is

considered a single excursion for the

control or recovery device. For each

excursion, the owner or operator shall

be deemed out of compliance with the

provisions of this subpart, except as

provided in paragraph (i) of this section.

* * * * *

(ii) When the period of control or

recovery device operation, with the

exception noted in paragraph (g)(1)(v) of

this section, is 4 hours or greater in an

operating day and monitoring data are

insufficient, as defined in paragraph

(g)(1)(iv) of this section, to constitute a

valid hour of data for at least 75 percent

of the operating hours.

(iii) When the period of control or

recovery device operation, with the

exception noted in paragraph (g)(1)(v) of

this section, is less than 4 hours in an

operating day and more than two of the

hours during the period of operation do

not constitute a valid hour of data due

to insufficient monitoring data, as

defined in paragraph (g)(1)(iv) of this

section.

* * * * *

(v) The periods listed in paragraphs

(g)(1)(v)(A) through (g)(1)(v)(E) of this

section are not considered to be part of

the period of control or recovery device

operation, for the purposes of

paragraphs (g)(1)(ii) and (g)(1)(iii) of this

section.

(A) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(B) Start-ups;

(C) Shutdowns;

(D) Malfunctions; or

(E) Periods of non-operation of the

affected source (or portion thereof),

resulting in cessation of the emissions to

which the monitoring applies.

(2) With respect to batch front-end

process vents, an excursion means one

of the two cases listed in paragraphs

(g)(2)(i) and (g)(2)(ii) of this section. For

a control device where multiple

parameters are monitored, if one or

more of the parameters meets the

excursion criteria in either paragraph

(g)(2)(i) or (g)(2)(ii) of this section, this

is considered a single excursion for the

control device. For each excursion, the

owner or operator shall be deemed out

of compliance with the provisions of

this subpart, except as provided in

paragraph (i) of this section.

* * * * *

(ii) When monitoring data are

insufficient for an operating day.

Monitoring data shall be considered

insufficient when measured values are

not available for at least 75 percent of

the 15-minute periods when batch

emission episodes selected to be

controlled are being vented to the

control device during the operating day,

using the procedures specified in

paragraphs (g)(2)(ii)(A) through

(g)(2)(ii)(D) of this section.

(A) Determine the total amount of

time during the operating day when

batch emission episodes selected to be

controlled are being vented to the

control device.

(B) Subtract the time during the

periods listed in paragraphs

(g)(2)(ii)(B)(1) through (g)(2)(ii)(B)(4) of

this section from the total amount of

time determined in paragraph

(g)(2)(ii)(A) of this section, to obtain the

operating time used to determine if

monitoring data are insufficient.

(1) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(2) Start-ups;

(3) Shutdowns; or

(4) Malfunctions.

(C) Determine the total number of 15-

minute periods in the operating time

used to determine if monitoring data are

insufficient, as was determined in

accordance with paragraph (g)(2)(ii)(B)

of this section.

(D) If measured values are not

available for at least 75 percent of the

total number of 15-minute periods

determined in paragraph (g)(2)(ii)(C) of

this section, the monitoring data are

insufficient for the operating day.

(3) For storage vessels where the

applicable monitoring plan does not

specify continuous monitoring, an

excursion is defined in paragraph

(g)(3)(i) or (ii) of this section, as

applicable. For a control or recovery

device where multiple parameters are

monitored, if one or more of the

parameters meets the excursion criteria,

this is considered a single excursion for

the control or recovery device. For each

excursion, the owner or operator shall

be deemed out of compliance with the

provisions of this subpart, except as

provided in paragraph (i) of this section.

(i) If the monitoring plan specifies

monitoring a parameter and recording

its value at specific intervals (such as

every 15 minutes or every hour), either

of the cases listed in paragraph

(g)(3)(i)(A) or (g)(3)(i)(B) of this section

is considered a single excursion for the

control device.

(A) When the average value of one or

more parameters, averaged over the

duration of the filling period for the

storage vessel, is above the maximum

level or below the minimum level

established for the given parameters.

(B) When monitoring data are

insufficient. Monitoring data shall be

considered insufficient when measured

values are not available for at least 75

percent of the specific intervals at

which parameters are to be monitored

and recorded, according to the storage

vessel’s monitoring plan, during the

filling period for the storage vessel.

(ii) If the monitoring plan does not

specify monitoring a parameter and

recording its value at specific intervals

(for example, if the relevant operating

requirement is to exchange a disposable

carbon canister before expiration of its

rated service life), the monitoring plan

shall define an excursion in terms of the

relevant operating requirement.

(h) * * *

(1) With respect to back-end process

operations complying through the use of

stripping technology, and demonstrating

38076 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

compliance by sampling, an excursion

means one of the two cases listed in

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

section. For each excursion, the owner

or operator shall be deemed out of

compliance with the provisions of this

subpart, except as provided in

paragraph (i) of this section.

* * * * *

(2) With respect to back-end process

operations complying through the use of

stripping technology, and demonstrating

compliance by stripper parameter

monitoring, an excursion means one of

the three cases listed in paragraphs

(h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of this

section. For each excursion, the owner

or operator shall be deemed out of

compliance with the provisions of this

subpart, except as provided in

paragraph (i) of this section.

* * * * *

28. Section 63.506 is amended by:

a. Revising paragraph (a);

b. Revising paragraphs (b)(1) and

(b)(2);

c. Revising paragraph (d) introductory

text;

d. Revising paragraphs (d)(2) and

(d)(3);

e. Revising paragraphs (d)(6) through

(d)(9);

f. Revising paragraph (e) introductory

text;

g. Revising paragraphs (e)(1) through

(e)(3);

h. Revising paragraph (e)(4)

introductory text;

i. Revising paragraph (e)(4)(i);

j. Revising paragraph (e)(4)(ii)

introductory text;

k. Revising paragraph (e)(4)(ii)(B);

l. Revising paragraph (e)(4)(ii)(D);

m. Revising paragraphs (e)(4)(ii)(F)(1)

and (e)(4)(ii)(F)(2);

n. Revising paragraphs (e)(4)(ii)(F)(4)

and (e)(4)(ii)(F)(5);

o. Revising paragraph (e)(4)(ii)(G)(1);

p. Revising paragraph (e)(4)(ii)(H)(2);

q. Revising paragraph

(e)(4)(ii)(H)(3)(i);

r. Revising paragraph

(e)(4)(ii)(H)(4)(i);

s. Revising paragraphs (e)(4)(ii)(I)

through (e)(4)(ii)(K);

t. Revising paragraph (e)(4)(ii)(L)(2);

u. Revising paragraph (e)(4)(iii);

v. Revising paragraph (e)(4)(iv)

introductory text;

w. Revising paragraph (e)(4)(iv)(A)

introductory text;

x. Revising paragraph (e)(4)(iv)(B)

introductory text;

y. Revising paragraph (e)(4)(iv)(C);

z. Revising paragraph (e)(5)

introductory text;

aa. Revising paragraph (e)(5)(i)

introductory text;

bb. Revising paragraph (e)(5)(i)(A);

cc. Revising paragraph (e)(5)(ii)

introductory text;

dd. Revising paragraph (e)(5)(iii);

ee. Revising paragraph (e)(5)(v);

ff. Revising paragraphs (e)(5)(vii)

through (e)(5)(ix);

gg. Revising paragraph (e)(6)

introductory text;

hh. Revising paragraphs (e)(6)(i) and

(e)(6)(ii);

ii. Revising paragraph (e)(6)(iii)(A);

jj. Revising paragraph (e)(6)(iii)(B);

kk. Revising paragraph (e)(6)(iii)(D)

introductory text;

ll. Revising paragraphs (e)(6)(iii)(D)(2)

through (e)(6)(iii)(D)(4);

mm. Revising paragraph (e)(6)(iv);

nn. Revising paragraph (e)(6)(v)(B);

oo. Revising paragraph (e)(6)(vi)

through (e)(6)(xi);

pp. Revising paragraph (e)(7)

introductory text;

qq. Revising paragraphs (e)(7)(i)

through (e)(7)(iii);

rr. Revising paragraph (e)(8);

ss. Revising paragraph (f) introductory

text;

tt. Revising paragraph (f)(3)

introductory text;

uu. Revising paragraph (g)

introductory text;

vv. Revising paragraph (g)(1);

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

xx. Revising paragraph (g)(3)

introductory text;

yy. Revising paragraph (g)(3)(i)(A);

zz. Revising paragraph (g)(4);

aaa. Revising paragraph (h)

introductory text;

bbb. Revising paragraph (h)(1)

introductory text;

ccc. Revising paragraph (h)(1)(ii)(B);

ddd. Revising paragraph (h)(1)(iv);

eee. Revising paragraph (h)(1)(vi)

introductory text;

fff. Revising paragraphs (h)(1)(vi)(B)

and (h)(1)(vi)(C);

ggg. Revising paragraph (h)(2)(i);

hhh. Revising paragraph (h)(2)(iii);

iii. Revising paragraph (h)(2)(iv)(A);

jjj. Removing paragraph (b)(1)(i)(D);

kkk. Removing paragraph (d)(10);

lll. Removing and reserving paragraph

(c);

mmm. Removing and reserving

paragraphs (d)(4) and (d)(5);

nnn. Removing and reserving

paragraph (e)(5)(iv);

ooo. Removing and reserving

paragraph (e)(6)(iii) (C);

ppp. Adding paragraph (e)(4)(ii)(N);

qqq. Adding paragraphs (e)(5)(x)

through (e)(5)(xii);

rrr. Adding paragraph (e)(6)(iii)(D)(5);

sss. Adding paragraph (e)(6)(xii);

ttt. Adding paragraph (e)(7)(iv);

uuu. Adding paragraph (e)(7)(v); and

vvv. Adding paragraph (h)(1)(vi)(D).

The revisions and additions read as

follows:

§ 63.506 General recordkeeping and

reporting provisions.

(a) Data retention. Unless otherwise

specified in this subpart, the owner or

operator of an affected source shall keep

copies of all applicable records and

reports required by this subpart for at

least 5 years, as specified in paragraph

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

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

(1) All applicable records shall be

maintained in such a manner that they

can be readily accessed. The most recent

6 months of records shall be retained on

site or shall be accessible from a central

location by computer or other means

that provide access within 2 hours after

a request. The remaining 4 and one-half

years of records may be retained offsite.

Records may be maintained in hard

copy or computer-readable form

including, but not limited to, on

microfilm, computer, floppy disk,

magnetic tape, or microfiche.

(2) If an owner or operator submits

copies of reports to the appropriate EPA

Regional Office, the owner or operator is

not required to maintain copies of

reports. If the EPA Regional Office has

waived the requirement of

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

reports, the owner or operator is not

required to maintain copies of those

reports.

(b) * * *

(1) Start-up, shutdown, and

malfunction plan. The owner or

operator of an affected source shall

develop and implement a written startup, shutdown, and malfunction plan as

specified in § 63.6(e)(3). This plan shall

describe, in detail, procedures for

operating and maintaining the affected

source during periods of start-up,

shutdown, and malfunction and a

program for corrective action for

malfunctioning process and air

pollution control equipment used to

comply with this subpart. Inclusion of

Group 2 emission points is not required,

unless these points are included in an

emissions average. For equipment leaks

(subject to § 63.502), the start-up,

shutdown, and malfunction plan

requirement is limited to control

devices and is optional for other

equipment. For equipment leaks, the

start-up, shutdown, and malfunction

plan may include written procedures

that identify conditions that justify a

delay of repair. A provision for ceasing

to collect, during a start-up, shutdown,

or malfunction, monitoring data that

would otherwise be required by the

provisions of this subpart may be

included in the start-up, shutdown, and

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38077

malfunction plan only if the owner or

operator has demonstrated to the

Administrator, through the

Precompliance Report or a supplement

to the Precompliance Report, that the

monitoring system would be damaged

or destroyed if it were not shut down

during the start-up, shutdown, or

malfunction. The affected source shall

keep the start-up, shutdown, and

malfunction plan on-site. Records

associated with the plan shall be kept as

specified in paragraphs (b)(1)(i)(A)

through (b)(1)(i)(C) of this section.

Reports related to the plan shall be

submitted as specified in paragraph

(b)(1)(ii) of this section.

(i) Records of start-up, shutdown, and

malfunction. The owner or operator

shall keep the records specified in

paragraphs (b)(1)(i)(A) through

(b)(1)(i)(C) of this section.

(A) Records of the occurrence and

duration of each start-up, shutdown,

and malfunction of operation of process

equipment or control devices or

recovery devices or continuous

monitoring systems used to comply

with this subpart during which excess

emissions (as defined in § 63.480(j)(4))

occur.

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

malfunction during which excess

emissions (as defined in § 63.480(j)(4))

occur, records reflecting whether the

procedures specified in the affected

source’s start-up, shutdown, and

malfunction plan were followed, and

documentation of actions taken that are

not consistent with the plan. For

example, if a start-up, shutdown, and

malfunction plan includes procedures

for routing a control device to a backup

control device, records shall be kept of

whether the plan was followed. These

records may take the form of a

‘‘checklist,’’ or other form of

recordkeeping that confirms

conformance with the start-up,

shutdown, and malfunction plan for the

event.

(C) Records specified in paragraphs

(b)(1)(i)(A) through (b)(1)(i)(B) of this

section are not required if they pertain

solely to Group 2 emission points that

are not included in an emissions

average.

(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 the schedule specified in

§ 63.10(d)(5)(i). The reports shall

include the information specified in

§ 63.10(d)(5)(i).

(2) Application for approval of

construction or reconstruction. For new

affected sources, each owner or operator

shall comply with the provisions in

§ 63.5 regarding construction and

reconstruction, excluding the provisions

specified in § 63.5(d)(1)(ii)(H), (d)(1)(iii),

(d)(2), and (d)(3)(ii).

(c) [Reserved]

(d) Recordkeeping and

documentation. Owners or operators

required to keep continuous records

shall keep records as specified in

paragraphs (d)(1) through (d)(7) of this

section, unless an alternative

recordkeeping system has been

requested and approved as specified in

paragraph (g) of this section, and except

as provided in paragraph (h) of this

section. If a monitoring plan for storage

vessels pursuant to § 63.484(k) requires

continuous records, the monitoring plan

shall specify which provisions, if any, of

paragraphs (d)(1) through (d)(7) of this

section apply. As described in

§ 63.484(k), certain storage vessels are

not required to keep continuous records

as specified in this paragraph. Owners

and operators of such storage vessels

shall keep records as specified in the

monitoring plan required by § 63.484(k).

Paragraphs (d)(8) and (d)(9) of this

section specify documentation

requirements.

* * * * *

(2) The owner or operator shall record

either each measured data value or

block average values for 1 hour or

shorter periods calculated from all

measured data values during each

period. If values are measured more

frequently than once per minute, a

single value for each minute may be

used to calculate the hourly (or shorter

period) block average instead of all

measured values. Owners or operators

of batch front-end process vents shall

record each measured data value.

(3) Daily average (or batch cycle daily

average) values of each continuously

monitored parameter shall be calculated

for each operating day as specified in

paragraphs (d)(3)(i) through (d)(3)(ii) of

this section, except as specified in

paragraphs (d)(6) and (d)(7) of this

section.

(i) The daily average value or batch

cycle daily average shall be calculated

as the average of all parameter values

recorded during the operating day,

except as specified in paragraph (d)(7)

of this section. For batch front-end

process vents, as specified in

§ 63.491(e)(2)(i), only parameter values

measured during those batch emission

episodes, or portions thereof, in the

batch cycle that the owner or operator

has chosen to control shall be used to

calculate the average. The calculated

average shall cover a 24-hour period if

operation is continuous, or the number

of hours of operation per operating day

if operation is not continuous.

(ii) The operating day shall be the

period that the owner or operator

specifies in the operating permit or the

Notification of Compliance Status for

purposes of determining daily average

values or batch cycle daily average

values of monitored parameters.

(4) [Reserved]

(5) [Reserved]

(6) Records required when all

recorded values are within the

established limits. If all recorded values

for a monitored parameter during an

operating day are above the minimum

level or below the maximum level

established in the Notification of

Compliance Status or operating permit,

the owner or operator may record that

all values were above the minimum

level or below the maximum level rather

than calculating and recording a daily

average (or batch cycle daily average) for

that operating day.

(7) Monitoring data recorded during

periods identified in paragraphs (d)(7)(i)

through (d)(7)(v) of this section shall not

be included in any average computed

under this subpart. Records shall be

kept of the times and durations of all

such periods and any other periods

during process or control device or

recovery device operation when

monitors are not operating.

(i) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(ii) Start-ups;

(iii) Shutdowns;

(iv) Malfunctions; or

(v) Periods of non-operation of the

affected source (or portion thereof),

resulting in cessation of the emissions to

which the monitoring applies.

(8) For continuous monitoring

systems used to comply with this

subpart, records documenting the

completion of calibration checks, and

records documenting the maintenance

of continuous monitoring systems that

are specified in the manufacturer’s

instructions or that are specified in

other written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

(9) The owner or operator of an

affected source granted a waiver under

§ 63.10(f) shall maintain the

information, if any, specified by the

Administrator as a condition of the

waiver of recordkeeping or reporting

requirements.

(e) Reporting and notification. In

addition to the reports and notifications

38078 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

required by subpart A, as specified in

Table 1 of this subpart, the owner or

operator of an affected source shall

prepare and submit the reports listed in

paragraphs (e)(3) through (e)(8) of this

section, as applicable. All reports

required by this subpart, and the

schedule for their submittal, are listed

in Table 9 of this subpart.

(1) Owners and operators shall not be

in violation of the reporting

requirements of this subpart for failing

to submit information required to be

included in a specified report if the

owner or operator meets the

requirements in paragraphs (e)(1)(i)

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

Examples of circumstances where this

paragraph may apply include

information related to newly-added

equipment or emission points, changes

in the process, changes in equipment

required or utilized for compliance with

the requirements of this subpart, or

changes in methods or equipment for

monitoring, recordkeeping, or reporting.

(i) The information was not known in

time for inclusion in the report specified

by this subpart;

(ii) The owner or operator has been

diligent in obtaining the information;

and

(iii) The owner or operator submits a

report according to the provisions of

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

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

(A) If this subpart expressly provides

for supplements to the report in which

the information is required, the owner

or operator shall submit the information

as a supplement to that report. The

information shall be submitted no later

than 60 days after it is obtained, unless

otherwise specified in this subpart.

(B) If this subpart does not expressly

provide for supplements, but the owner

or operator must submit a request for

revision of an operating permit pursuant

to part 70 or part 71, due to

circumstances to which the information

pertains, the owner or operator shall

submit the information with the request

for revision to the operating permit.

(C) In any case not addressed by

paragraph (e)(1)(iii)(A) or (e)(1)(iii)(B) of

this section, the owner or operator shall

submit the information with the first

Periodic Report, as required by this

subpart, which has a submission

deadline at least 60 days after the

information is obtained.

(2) All reports required under this

subpart shall be sent to the

Administrator at the appropriate

address listed in § 63.13. If acceptable to

both the Administrator and the owner or

operator of a source, reports may be

submitted on electronic media.

(3) Precompliance Report. Owners or

operators of affected sources requesting

an extension for compliance; requesting

approval to use alternative monitoring

parameters, alternative continuous

monitoring and recordkeeping, or

alternative controls; requesting approval

to use engineering assessment to

estimate emissions from a batch

emissions episode, as described in

§ 63.488(b)(6)(i); wishing to establish

parameter monitoring levels according

to the procedures contained in

§ 63.505(c) or (d); or requesting approval

to incorporate a provision for ceasing to

collect monitoring data, during a startup, shutdown, or malfunction, into the

start-up, shutdown, and malfunction

plan, when that monitoring equipment

would be damaged if it did not cease to

collect monitoring data, as permitted

under § 63.480(j)(3), shall submit a

Precompliance Report according to the

schedule described in paragraph (e)(3)(i)

of this section. The Precompliance

Report shall contain the information

specified in paragraphs (e)(3)(ii) through

(e)(3)(viii) of this section, as

appropriate.

(i) Submittal dates. The

Precompliance Report shall be

submitted to the Administrator no later

than December 19, 2000. If a

Precompliance Report was submitted

prior to June 19, 2000 and no changes

need to be made to that Precompliance

Report, the owner or operator shall resubmit the earlier report or submit

notification that the previously

submitted report is still valid. Unless

the Administrator objects to a request

submitted in the Precompliance Report

within 45 days after its receipt, the

request shall be deemed approved. For

new affected sources, the Precompliance

Report shall be submitted to the

Administrator with the application for

approval of construction or

reconstruction required in paragraph

(b)(2) of this section. Supplements to the

Precompliance Report may be submitted

as specified in paragraph (e)(3)(ix) of

this section.

(ii) A request for an extension for

compliance, as specified in § 63.481(e),

may be submitted in the Precompliance

Report. The request for a compliance

extension shall include the data

outlined in § 63.6(i)(6)(i)(A), (B), and

(D), as required in § 63.481(e)(1).

(iii) The alternative monitoring

parameter information required in

paragraph (f) of this section shall be

submitted in the Precompliance Report

if, for any emission point, the owner or

operator of an affected source seeks to

comply through the use of a control

technique other than those for which

monitoring parameters are specified in

this subpart or in subpart G of this part,

or seeks to comply by monitoring a

different parameter than those specified

in this subpart or in subpart G of this

part.

(iv) If the affected source seeks to

comply using alternative continuous

monitoring and recordkeeping as

specified in paragraph (g) of this

section, the owner or operator shall

submit a request for approval in the

Precompliance Report.

(v) The owner or operator shall report

the intent to use alternative controls to

comply with the provisions of this

subpart in the Precompliance Report.

The Administrator may deem

alternative controls to be equivalent to

the controls required by the standard,

under the procedures outlined in

§ 63.6(g).

(vi) If a request for approval to use

engineering assessment to estimate

emissions from a batch emissions

episode, as described in

§ 63.488(b)(6)(i)(C) is being made, the

information required by

§ 63.488(b)(6)(iii)(B) shall be submitted

in the Precompliance Report.

(vii) If an owner or operator

establishes parameter monitoring levels

according to the procedures contained

in § 63.505(c) or (d), the following

information shall be submitted in the

Precompliance Report:

(A) Identification of which procedures

(i.e., § 63.505(c) or (d)) are to be used;

and

(B) A description of how the

parameter monitoring level is to be

established. If the procedures in

§ 63.505(c) are to be used, a description

of how performance test data will be

used shall be included.

(viii) If the owner or operator is

requesting approval to incorporate a

provision for ceasing to collect

monitoring data, during a start-up,

shutdown, or malfunction, into the

start-up, shutdown, and malfunction

plan, when that monitoring equipment

would be damaged if it did not cease to

collect monitoring data, the information

specified in paragraphs (e)(3)(viii)(A)

and (B) shall be supplied in the

Precompliance Report or in a

supplement to the Precompliance

Report. The Administrator shall

evaluate the supporting documentation

and shall approve the request only if, in

the Administrator’s judgment, the

specific monitoring equipment would

be damaged by the contemporaneous

start-up, shutdown, or malfunction.

(A) Documentation supporting a claim

that the monitoring equipment would be

damaged by the contemporaneous startup, shutdown, or malfunction; and

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38079

(B) A request to incorporate such a

provision for ceasing to collect

monitoring data during a start-up,

shutdown, or malfunction, into the

start-up, shutdown, and malfunction

plan.

(ix) Supplements to the

Precompliance Report may be submitted

as specified in paragraph (e)(3)(ix)(A), or

(e)(3)(ix)(B) of this section. Unless the

Administrator objects to a request

submitted in a supplement to the

Precompliance Report within 45 days

after its receipt, the request shall be

deemed approved.

(A) Supplements to the

Precompliance Report may be submitted

to clarify or modify information

previously submitted.

(B) Supplements to the Precompliance

Report may be submitted to request

approval to use alternative monitoring

parameters, as specified in paragraph

(e)(3)(iii) of this section; to use

alternative continuous monitoring and

recordkeeping, as specified in paragraph

(e)(3)(iv) of this section; to use

alternative controls, as specified in

paragraph (e)(3)(v) of this section; to use

engineering assessment to estimate

emissions from a batch emissions

episode, as specified in paragraph

(e)(3)(vi) of this section; to establish

parameter monitoring levels according

to the procedures contained in

§ 63.505(c) or (d), as specified in

paragraph (e)(3)(vii) of this section; or to

include a provision for ceasing to collect

monitoring data during a start-up,

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

when that monitoring equipment would

be damaged if it did not cease to collect

monitoring data, as specified in

paragraph (e)(3)(viii) of this section.

(4) Emissions Averaging Plan. For all

existing affected sources using

emissions averaging, an Emissions

Averaging Plan shall be submitted for

approval according to the schedule and

procedures described in paragraph

(e)(4)(i) of this section. The Emissions

Averaging Plan shall contain the

information specified in paragraph

(e)(4)(ii) of this section, unless the

information required in paragraph

(e)(4)(ii) of this section is submitted

with an operating permit application.

An owner or operator of an affected

source who submits an operating permit

application instead of an Emissions

Averaging Plan shall submit the

information specified in paragraph (e)(8)

of this section. In addition, a

supplement to the Emissions Averaging

Plan, as required under paragraph

(e)(4)(iii) of this section, is to be

submitted whenever additional

alternative controls or operating

scenarios may be used to comply with

this subpart. Updates to the Emissions

Averaging Plan shall be submitted in

accordance with paragraph (e)(4)(iv) of

this section.

(i) Submittal and approval. The

Emissions Averaging Plan shall be

submitted no later than September 19,

2000, and is subject to Administrator

approval. If an Emissions Averaging

Plan was submitted prior to June 19,

2000 and no changes need to be made

to that Emissions Averaging Plan, the

owner or operator shall re-submit the

earlier plan or submit notification that

the previously submitted plan is still

valid. The Administrator shall

determine within 120 days whether the

Emissions Averaging Plan submitted

presents sufficient information. The

Administrator shall either approve the

Emissions Averaging Plan, request

changes, or request that the owner or

operator submit additional information.

Once the Administrator receives

sufficient information, the

Administrator shall approve,

disapprove, or request changes to the

plan within 120 days.

(ii) Information required. The

Emissions Averaging Plan shall contain

the information listed in paragraphs

(e)(4)(ii)(A) through (e)(4)(ii)(N) of this

section for all emission points included

in an emissions average.

* * * * *

(B) The required information shall

include the projected emission debits

and credits for each emission point and

the sum for the emission points

involved in the average calculated

according to § 63.503. The projected

credits shall be greater than or equal to

the projected debits, as required under

§ 63.503(e)(3).

* * * * *

(D) The required information shall

include the specific identification of

each emission point affected by a

pollution prevention measure. To be

considered a pollution prevention

measure, the criteria in § 63.503(j)(1)

shall be met. If the same pollution

prevention measure reduces or

eliminates emissions from multiple

emission points in the average, the

owner or operator shall identify each of

these emission points.

* * * * *

(F) * * *

(1) The required documentation shall

include the values of the parameters

used to determine whether the emission

point is Group 1 or Group 2. Where a

TRE index value is used for continuous

front-end process vent group

determination, the estimated or

measured values of the parameters used

in the TRE equation in § 63.115(d) and

the resulting TRE index value shall be

submitted.

(2) The required documentation shall

include the estimated values of all

parameters needed for input to the

emission debit and credit calculations

in § 63.503(g) and (h). These parameter

values shall be specified in the affected

source’s Emissions Averaging Plan (or

operating permit) as enforceable

operating conditions. Changes to these

parameters shall be reported in an

update to the Emissions Averaging Plan,

as required by paragraph (e)(4)(iv)(B)(2)

of this section.

* * * * *

(4) The required documentation shall

include the anticipated nominal

efficiency if a control technology

achieving a greater percent emission

reduction than the efficiency of the

reference control technology is or will

be applied to the emission point. The

procedures in § 63.503(i) shall be

followed to apply for a nominal

efficiency, and the report specified in

paragraph (e)(7)(ii) of this section shall

be submitted with the Emissions

Averaging Plan as specified in

paragraph (e)(7)(ii)(A) of this section.

(5) The required documentation shall

include the monitoring plan specified in

§ 63.122(b), to include the information

specified in § 63.120(d)(2)(i) and in

either § 63.120(d)(2)(ii) or (d)(2)(iii) for

each storage vessel controlled with a

closed-vent system using a control

device other than a flare.

(G) * * *

(1) Each continuous front-end process

vent subject to § 63.485 controlled by a

pollution prevention measure or control

technique for which monitoring

parameters or inspection procedures are

not specified in § 63.114; and

* * * * *

(H) * * *

(2) The required documentation shall

include the estimated values of all

parameters needed for input to the

wastewater emission credit and debit

calculations in § 63.503(g)(5) and (h)(5).

These parameter values shall be

specified in the affected source’s

Emissions Averaging Plan (or operating

permit) as enforceable operating

conditions. Changes to these parameters

shall be reported as required by

paragraph (e)(4)(iv)(B)(2) of this section.

(3) * * *

(i) A control technology that achieves

an emission reduction less than or equal

to the emission reduction that would

otherwise have been achieved by a

steam stripper designed to the

specifications found in § 63.138(g) is or

38080 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

will be applied to the wastewater

stream, or

* * * * *

(4) * * *

(i) A control technology that achieves

an emission reduction greater than the

emission reduction that would have

been achieved by a steam stripper

designed to the specifications found in

§ 63.138(g), is or will be applied to the

wastewater stream; or

* * * * *

(I) For each pollution prevention

measure, treatment process, or control

device used to reduce air emissions of

organic HAP from wastewater and for

which no monitoring parameters or

inspection procedures are specified in

§ 63.143, the information specified in

paragraph (f) of this section (Alternative

Monitoring Parameters) shall be

included in the Emissions Averaging

Plan.

(J) The required information shall

include documentation of the data

required by estimated values of all

parameters needed for input to the

emission debit and credit calculations

in § 63.503(g) and (h) for each process

back-end operation included in an

emissions average. These values shall be

specified in the affected source’s

Emissions Averaging Plan (or operating

permit) as enforceable operating

conditions. Changes to these parameters

shall be reported as required by

paragraph (e)(4)(iv)(B)(2) of this section.

(K) The required information shall

include documentation of the

information required by § 63.503(k). The

documentation shall demonstrate that

the emissions from the emission points

proposed to be included in the average

will not result in greater hazard or, at

the option of the Administrator, greater

risk to human health or the environment

than if the emission points were not

included in an emissions average.

(L) * * *

(2) The required information shall

include the estimated values of all

parameters needed for input to the

emission debit and credit calculations

in § 63.503(g) and (h). These parameter

values shall be specified in the affected

source’s Emissions Averaging Plan (or

operating permit) as enforceable

operating conditions. Changes to these

parameters shall be reported as required

by paragraph (e)(4)(iv) of this section.

* * * * *

(N) The required information shall

include documentation of the data

required by § 63.503(k). The

documentation shall demonstrate that

the emissions from the emission points

proposed to be included in the

emissions average will not result in

greater hazard or, at the option of the

Administrator, greater risk to human

health or the environment than if the

emission points were not included in an

emissions average.

(iii) Supplement to Emissions

Averaging Plan. The owner or operator

required to prepare an Emissions

Averaging Plan under paragraph (e)(4)

of this section shall also prepare a

supplement to the Emissions Averaging

Plan for any additional alternative

controls or operating scenarios that may

be used to achieve compliance.

(iv) Updates to Emissions Averaging

Plan. The owner or operator of an

affected source required to submit an

Emissions Averaging Plan under

paragraph (e)(4) of this section shall also

submit written updates of the Emissions

Averaging Plan to the Administrator for

approval under the circumstances

described in paragraphs (e)(4)(iv)(A)

through (e)(4)(iv)(C) of this section

unless the relevant information has been

included and submitted in an operating

permit application or amendment.

(A) The owner or operator who plans

to make a change listed in either

paragraph (e)(4)(iv)(A)(1) or

(e)(4)(iv)(A)(2) of this section shall

submit an Emissions Averaging Plan

update at least 120 days prior to making

the change.

* * * * *

(B) The owner or operator who has

made a change as defined in paragraph

(e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this

section shall submit an Emissions

Averaging Plan update within 90 days

after the information regarding the

change is known to the affected source.

The update may be submitted in the

next quarterly periodic report if the

change is made after the date the

Notification of Compliance Status is

due.

* * * * *

(C) The Administrator shall approve

or request changes to the Emissions

Averaging Plan update within 120 days

of receipt of sufficient information

regarding the change for emission points

included in emissions averages.

(5) Notification of Compliance Status.

For existing and new affected sources, a

Notification of Compliance Status shall

be submitted. For equipment leaks

subject to § 63.502, the owner or

operator shall submit the information

required in § 63.182(c) in the

Notification of Compliance Status

within 150 days after the first applicable

compliance date for equipment leaks in

the affected source, and an update shall

be provided in the first Periodic Report

that is due at least 150 days after each

subsequent applicable compliance date

for equipment leaks in the affected

source. For all other emission points,

including heat exchange systems, the

Notification of Compliance Status shall

contain the information listed in

paragraphs (e)(5)(i) through (e)(5)(xii) of

this section, as applicable, and shall be

submitted no later than 150 days after

the compliance dates specified in this

subpart.

(i) The results of any emission point

group determinations, process section

applicability determinations,

performance tests, inspections,

continuous monitoring system

performance evaluations, any other

information used to demonstrate

compliance, values of monitored

parameters established during

performance tests, and any other

information required to be included in

the Notification of Compliance Status

under § 63.481(k), § 63.122, and § 63.484

for storage vessels, § 63.117 for

continuous front-end process vents,

§ 63.492 for batch front-end process

vents, § 63.499 for back-end process

operations, § 63.146 for process

wastewater, and § 63.503 for emission

points included in an emissions

average. In addition, the owner or

operator of an affected source shall

comply with paragraphs (e)(5)(i)(A) and

(e)(5)(i)(B) of this section.

(A) For performance tests, group

determinations, and process section

applicability determinations that are

based on measurements, the

Notification of Compliance Status shall

include one complete test report, as

described in paragraph (e)(5)(i)(B) of

this section, for each test method used

for a particular kind of emission point.

For additional tests performed for the

same kind of emission point using the

same method, the results and any other

information, from the test report, that is

requested on a case-by-case basis by the

Administrator shall be submitted, but a

complete test report is not required.

* * * * *

(ii) For each monitored parameter for

which a maximum or minimum level is

required to be established under

§ 63.114(e) and § 63.485(k) for

continuous front-end process vents,

§ 63.489 for batch front-end process

vents and aggregate batch vent streams,

§ 63.497 for back-end process

operations, § 63.143(f) for process

wastewater, § 63.503(m) for emission

points in emissions averages, paragraph

(e)(8) of this section, or paragraph (f) of

this section, the information specified in

paragraphs (e)(5)(ii)(A) through

(e)(5)(ii)(E) of this section shall be

submitted in the Notification of

Compliance Status, unless this

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38081

information has been established and

provided in the operating permit

application. Further, as described in

§ 63.484(k), for those storage vessels for

which the monitoring plan required by

§ 63.484(k) specifies compliance with

the provisions of § 63.505, the owner or

operator shall provide the information

specified in paragraphs (e)(5)(ii)(A)

through (e)(5)(ii)(D) of this section for

each monitoring parameter, unless this

information has been established and

provided in the operating permit

application. For those storage vessels for

which the monitoring plan required by

§ 63.484(k) does not require compliance

with the provisions of § 63.505, the

owner or operator shall provide the

information specified in § 63.120(d)(3)

as part of the Notification of Compliance

Status, unless this information has been

established and provided in the

operating permit application.

* * * * *

(iii) For emission points included in

an emissions average, the Notification of

Compliance Status shall contain the

values of all parameters needed for

input to the emission credit and debit

equations in § 63.503(g) and (h),

calculated or measured according to the

procedures in § 63.503(g) and (h), and

the resulting calculation of credits and

debits for the first quarter of the year.

The first quarter begins on the

compliance date specified.

(iv) [Reserved.]

(v) The determination of applicability

for flexible operation units as specified

in § 63.480(f).

* * * * *

(vii) The results for each predominant

use determination made under

§ 63.480(g), for storage vessels assigned

to an affected source subject to this

subpart.

(viii) The results for each

predominant use determination made

under § 63.480(h) for recovery

operations equipment assigned to an

affected source subject to this subpart.

(ix) For owners and operators of

Group 2 batch front-end process vents

establishing a batch mass input

limitation, as specified in § 63.490(f),

the affected source’s operating year for

purposes of determining compliance

with the batch mass input limitation.

(x) If any emission point is subject to

this subpart and to other standards as

specified in § 63.481(k), and if the

provisions of § 63.481(k) allow the

owner or operator to choose which

testing, monitoring, reporting, and

recordkeeping provisions will be

followed, then the Notification of

Compliance Status shall indicate which

rule’s requirements will be followed for

testing, monitoring, reporting, and

recordkeeping.

(xi) An owner or operator who

transfers a Group 1 wastewater stream

or residual removed from a Group 1

wastewater stream for treatment

pursuant to § 63.132(g) shall include in

the Notification of Compliance Status

the name and location of the transferee

and a description of the Group 1

wastewater stream or residual sent to

the treatment facility.

(xii) An owner or operator complying

with paragraph (h)(1) of this section

shall notify the Administrator of the

election to comply with paragraph (h)(1)

of this section as part of the Notification

of Compliance Status, or as part of the

appropriate Periodic Report, as

specified in paragraph (e)(6)(ix) of this

section.

(6) Periodic Reports. For existing and

new affected sources, the owner or

operator shall submit Periodic Reports

as specified in paragraphs (e)(6)(i)

through (e)(6)(xii) of this section. In

addition, for equipment leaks subject to

§ 63.502, the owner or operator shall

submit the information specified in

§ 63.182(d) under the conditions listed

in § 63.182(d), and for heat exchange

systems subject to § 63.502(n), the

owner or operator shall submit the

information specified in § 63.104(f)(2) as

part of the Periodic Report required by

this paragraph (e)(6). Section § 63.505

shall govern the use of monitoring data

to determine compliance for Group 1

emission points and for Group 1 and

Group 2 emission points included in

emissions averages with the following

exception: As discussed in § 63.484(k),

for storage vessels to which the

provisions of § 63.505 do not apply, as

specified in the monitoring plan

required by § 63.120(d)(2), the owner or

operator is required to comply with the

requirements set out in the monitoring

plan, and monitoring records may be

used to determine compliance.

(i) Except as specified in paragraphs

(e)(6)(xi) and (e)(6)(xii) of this section, a

report containing the information in

paragraph (e)(6)(ii) of this section or

paragraphs (e)(6)(iii) through (e)(6)(x) of

this section, as appropriate, shall be

submitted semiannually no later than 60

days after the end of each 6-month

period. The first report shall be

submitted no later than 240 days after

the date the Notification of Compliance

Status is due and shall cover the 6-

month period beginning on the date the

Notification of Compliance Status is

due.

(ii) If none of the compliance

exceptions in paragraphs (e)(6)(iii)

through (e)(6)(ix) of this section

occurred during the 6-month period, the

Periodic Report required by paragraph

(e)(6)(i) of this section shall be a

statement that there were no compliance

exceptions as described in this

paragraph for the 6-month period

covered by that report and that none of

the activities specified in paragraphs

(e)(6)(iii) through (e)(6)(ix) of this

section occurred during the 6-month

period covered by that report.

(iii) * * *

(A) All information specified in

§ 63.122(a)(4) for storage vessels,

§§ 63.117(a)(3) and 63.118(f) and

63.485(s)(5) for continuous front-end

process vents, § 63.492 for batch frontend process vents and aggregate batch

vent streams, § 63.499 for back-end

process operations, § 63.104(b)(4) for

heat exchange systems, and §§ 63.146(c)

through 63.146(f) for process

wastewater.

(B) The daily average values or batch

cycle daily average values of monitored

parameters for all excursions, as defined

in § 63.505(g) and § 63.505(h). For

excursions caused by lack of monitoring

data, the start-time and duration of

periods when monitoring data were not

collected shall be specified.

(C) [Reserved]

(D) The information in paragraphs

(e)(6)(iii)(D)(1) through (e)(6)(iii)(D)(5) of

this section, as applicable:

* * * * *

(2) Notification if a process change is

made such that the group status of any

emission point changes from Group 2 to

Group 1. The owner or operator is not

required to submit a notification of a

process change if that process change

caused the group status of an emission

point to change from Group 1 to Group

2. However, until the owner or operator

notifies the Administrator that the group

status of an emission point has changed

from Group 1 to Group 2, the owner or

operator is required to continue to

comply with the Group 1 requirements

for that emission point. This notification

may be submitted at any time.

(3) Notification if one or more

emission points (other than equipment

leaks) or one or more EPPU is added to

an affected source. The owner or

operator shall submit the information

contained in paragraphs

(e)(6)(iii)(D)(3)(i) through

(e)(6)(iii)(D)(3)(ii) of this section.

(i) A description of the addition to the

affected source; and

(ii) Notification of the group status of

the additional emission point or all

emission points in the EPPU.

(4) Notification if a standard operating

procedure, as defined in § 63.500(a)(2),

is changed and the change has the

potential for increasing the

38082 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

concentration of carbon disulfide in the

crumb dryer exhaust. This notification

shall also include test results of the

carbon disulfide concentration resulting

from the new standard operating

procedure.

(5) For process wastewater streams

sent for treatment pursuant to

§ 63.132(g), reports of changes in the

identity of the treatment facility or

transferee.

* * * * *

(iv) For each batch front-end process

vent with a batch mass input limitation,

every second Periodic Report shall

include the mass of HAP or material

input to the batch unit operation during

the 12-month period covered by the

preceding and current Periodic Reports,

and a statement of whether the batch

front-end process vent was in or out of

compliance with the batch mass input

limitation.

(v) * * *

(B) For additional tests performed for

the same kind of emission point using

the same method, results and any other

information, pertaining to the

performance test, that is requested on a

case-by-case basis by the Administrator

shall be submitted, but a complete test

report is not required.

(vi) Notification of a change in the

primary product of an EPPU, in

accordance with the provisions in

§ 63.480(f). This includes a change in

primary product from one elastomer

product to either another elastomer

product or to a non-elastomer product.

(vii) The results for each change made

to a predominant use determination

made under § 63.480(g) for a storage

vessel that is assigned to an affected

source subject to this subpart after the

change.

(viii) The results for each change

made to a predominant use

determination made under § 63.480(h)

for recovery operations equipment

assigned to an affected source subject to

this subpart after the change.

(ix) An owner or operator complying

with paragraph (h)(1) of this section

shall notify the Administrator of the

election to comply with paragraph (h)(1)

of this section as part of the Periodic

Report or as part of the Notification of

Compliance Status as specified in

paragraph (e)(5)(xi) of this section.

(x) An owner or operator electing not

to retain daily average or batch cycle

daily average values under paragraph

(h)(2) of this section shall notify the

Administrator as specified in paragraph

(h)(2)(i) of this section.

(xi) The owner or operator of an

affected source shall submit quarterly

reports for all emission points included

in an emissions average as specified in

paragraphs (e)(6)(xi)(A) through

(e)(6)(xi)(C) of this section.

(A) The quarterly reports shall be

submitted no later than 60 days after the

end of each quarter. The first report

shall be submitted with the Notification

of Compliance Status no later than 150

days after the compliance date.

(B) The quarterly reports shall include

the information specified in paragraphs

(e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of

this section for all emission points

included in an emissions average.

(1) The credits and debits calculated

each month during the quarter;

(2) A demonstration that debits

calculated for the quarter are not more

than 1.30 times the credits calculated

for the quarter, as required under

§ 63.503(e)(4);

(3) The values of any inputs to the

debit and credit equations in § 63.503(g)

and (h) that change from month to

month during the quarter or that have

changed since the previous quarter;

(4) Results of any performance tests

conducted during the reporting period

including one complete report for each

test method used for a particular kind of

emission point as described in

paragraph (e)(6)(v) of this section;

(5) Reports of daily average values or

batch cycle daily averages of monitored

parameters for excursions as defined in

§ 63.505(g) or (h);

(6) For excursions caused by lack of

monitoring data, the duration of periods

when monitoring data were not

collected shall be specified; and

(7) Any other information the affected

source is required to report under the

operating permit or Emissions

Averaging Plan for the affected source.

(C) Every fourth quarterly report shall

include the following:

(1) A demonstration that annual

credits are greater than or equal to

annual debits as required by

§ 63.503(e)(3); and

(2) A certification of compliance with

all the emissions averaging provisions

in § 63.503.

(xii) The owner or operator of an

affected source shall submit quarterly

reports for particular emission points

and process sections not included in an

emissions average as specified in

paragraphs (e)(6)(xii)(A) through

(e)(6)(xii)(D) of this section.

(A) The owner or operator of an

affected source shall submit quarterly

reports for a period of 1 year for an

emission point or process section that is

not included in an emissions average if:

(1) A control or recovery device for a

particular emission point or process

section has more excursions, as defined

in § 63.505(g) or § 63.505(h), than the

number of excused excursions allowed

under § 63.505(i) for a semiannual

reporting period; or

(2) The Administrator requests that

the owner or operator submit quarterly

reports for the emission point or process

section.

(B) The quarterly reports shall include

all information specified in paragraphs

(e)(6)(iii) through (e)(6)(ix) of this

section, as applicable to the emission

point or process section for which

quarterly reporting is required under

paragraph (e)(6)(xii)(A) of this section.

Information applicable to other

emission points within the affected

source shall be submitted in the

semiannual reports required under

paragraph (e)(6)(i) of this section.

(C) Quarterly reports shall be

submitted no later than 60 days after the

end of each quarter.

(D) After quarterly reports have been

submitted for an emission point for 1

year without more excursions occurring

(during that year) than the number of

excused excursions allowed under

§ 63.505(i), the owner or operator may

return to semiannual reporting for the

emission point or process section.

(7) Other reports. Other reports shall

be submitted as specified in paragraphs

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

(i) For storage vessels, the

notifications of inspections required by

§ 63.484 shall be submitted, as specified

in § 63.122(h)(1) and (h)(2).

(ii) For owners or operators of affected

sources required to request approval for

a nominal control efficiency for use in

calculating credits for an emissions

average, the information specified in

§ 63.503(i) shall be submitted, as

specified in paragraph (e)(7)(ii)(A) or

(e)(7)(ii)(B) of this section, as

appropriate.

(A) If use of a nominal control

efficiency is part of the initial Emissions

Averaging Plan described in paragraph

(e)(4)(ii) of this section, the information

in paragraph (e)(7)(iii) of this section

shall be submitted with the Emissions

Averaging Plan.

(B) If an owner or operator elects to

use a nominal control efficiency after

submittal of the initial Emissions

Averaging Plan as described in

paragraph (e)(4)(ii) of this section, the

information required by paragraph

(e)(7)(ii) of this section shall be

submitted at the discretion of the owner

or operator.

(iii) For back-end process operations

using a control or recovery device to

comply with §§ 63.493 through 63.500,

the compliance redetermination report

required by § 63.499(d) shall be

submitted within 180 days after the

process change.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38083

(iv) When the conditions of

§§ 63.480(f)(3)(iii), (f)(9), or

63.480(f)(10)(iii) are met, reports of

changes to the primary product for an

EPPU or process unit, as required by

§§ 63.480(f)(3)(iii), 63.480(f)(9), or

63.480(f)(10)(iii)(C), respectively, shall

be submitted.

(v) Owners or operators of EPPU or

emission points (other than equipment

leak components subject to § 63.502)

that are subject to § 63.480(i)(1) or (i)(2)

shall submit a report as specified in

paragraphs (e)(7)(v)(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 § 63.480(i)(1) or (2);

(3) Identification of the group status of

emission points (except equipment leak

components subject to the requirements

in § 63.502) specified in paragraphs

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

section, as applicable.

(i) All the emission points in the

added EPPU, as described in

§ 63.480(i)(1).

(ii) All the emission points in an

affected source designated as a new

affected source under § 63.480(i)(2)(i).

(iii) All the added or created emission

points as described in § 63.480(i)(2)(ii)

or (i)(2)(iii).

(4) If the owner or operator wishes to

request approval to use alternative

monitoring parameters, alternative

continuous monitoring or

recordkeeping, alternative controls,

engineering assessment to estimate

emissions from a batch emissions

episode, or wishes to establish

parameter monitoring levels according

to the procedures contained in

§ 63.505(c) or (d), a Precompliance

Report shall be submitted in accordance

with paragraph (e)(7)(v)(B) of this

section.

(B) Reports shall be submitted as

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

through (e)(7)(v)(B)(3) of this section, as

appropriate.

(1) Owners or operators of an added

EPPU subject to § 63.480(i)(1) shall

submit a report no later than 180 days

prior to the compliance date for the

EPPU.

(2) Owners or operators of an affected

source designated as a new affected

source under § 63.480(i)(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 § 63.502)

subject to § 63.480(i)(2)(ii) or (i)(2)(iii)

shall submit a report no later than 180

days prior to the compliance date for

those emission points.

(8) Operating permit application. An

owner or operator who submits an

operating permit application instead of

an Emissions Averaging Plan or a

Precompliance Report shall include the

following information with the

operating permit application:

* * * * *

(f) Alternative monitoring parameters.

The owner or operator of an affected

source who has been directed by any

section of this subpart, or any section of

another subpart referenced by this

subpart, that expressly references this

paragraph (f) or § 63.151(f) to set unique

monitoring parameters, or who requests

approval to monitor a different

parameter than those listed in § 63.484

for storage vessels, § 63.114 for

continuous front-end process vents,

§ 63.489 for batch front-end process

vents and aggregate batch vent streams,

§ 63.497 for back-end process

operations, or § 63.143 for process

wastewater shall submit the information

specified in paragraphs (f)(1) through

(f)(3) of this section in the

Precompliance Report, as required by

paragraph (e)(3) of this section. The

owner or operator shall retain for a

period of 5 years each record required

by paragraphs (f)(1) through (f)(3) of this

section.

(3) The required information shall

include a description of the proposed

monitoring, recordkeeping, and

reporting system, to include the

frequency and content of monitoring,

recordkeeping, and reporting. Further,

the rationale for the proposed

monitoring, recordkeeping, and

reporting system shall be included if

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

(f)(3)(ii) of this section is met:

* * * * *

(g) Alternative continuous monitoring

and recordkeeping. An owner or

operator choosing not to implement the

continuous parameter operating and

recordkeeping provisions listed in

§ 63.485 for continuous front-end

process vents, § 63.486 for batch frontend process vents and aggregate batch

vent streams, § 63.493 for back-end

process operations, and § 63.501 for

process wastewater, may instead request

approval to use alternative continuous

monitoring and recordkeeping

provisions according to the procedures

specified in paragraphs (g)(1) through

(g)(4) of this section. Requests shall be

submitted in the Precompliance Report

as specified in paragraph (e)(3)(iv) of

this section, if not already included in

the operating permit application, and

shall contain the information specified

in paragraphs (g)(2)(ii) and (g)(3)(ii) of

this section, as applicable.

(1) The provisions in § 63.8(f)(5)(i)

shall govern the review and approval of

requests.

(2) * * *

(ii) * * *

(D) Demonstration to the

Administrator’s satisfaction that the

proposed monitoring frequency is

sufficient to represent control or

recovery device operating conditions,

considering typical variability of the

specific process and control or recovery

device operating parameter being

monitored.

(3) An owner or operator may request

approval to use an automated data

compression recording system that does

not record monitored operating

parameter values at a set frequency, but

that records all values that meet set

criteria for variation from previously

recorded values, in accordance with

paragraphs (g)(3)(i) and (g)(3)(ii) of this

section.

(i) * * *

(A) Measure the operating parameter

value at least once during every 15

minute period;

* * * * *

(4) An owner or operator may request

approval to use other alternative

monitoring systems according to the

procedures specified in § 63.8(f)(4).

(h) Reduced recordkeeping program.

For any parameter with respect to any

item of equipment, the owner or

operator may implement the

recordkeeping requirements in

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

as alternatives to the continuous

operating parameter monitoring and

recordkeeping provisions that would

otherwise apply under this subpart. The

owner or operator shall retain for a

period of 5 years each record required

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

section, except as otherwise provided in

paragraph (h)(1)(vi)(D) of this section.

(1) The owner or operator may retain

only the daily average or the batch cycle

daily average value, and is not required

to retain more frequent monitored

operating parameter values, for a

monitored parameter with respect to an

item of equipment, if the requirements

of paragraphs (h)(1)(i) through (h)(1)(vi)

of this section are met. An owner or

operator electing to comply with the

requirements of paragraph (h)(1) of this

section shall notify the Administrator in

the Notification of Compliance Status as

specified in paragraph (e)(5)(xii) of this

section, or, if the Notification of

Compliance Status has already been

submitted, in the Periodic Report

38084 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

immediately preceding implementation

of the requirements of paragraph (h)(1)

of this section, as specified in paragraph

(e)(6)(ix) of this section.

* * * * *

(ii) * * *

(B) The running average is based on

at least six one-hour average values; and

* * * * *

(iv) The monitoring system will alert

the owner or operator by an alarm or

other means, if the running average

parameter value calculated under

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

reaches a set point that is appropriately

related to the established limit for the

parameter that is being monitored.

* * * * *

(vi) The owner or operator shall retain

the records identified in paragraphs

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

section.

* * * * *

(B) A description of the applicable

monitoring system(s), and how

compliance will be achieved with each

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

through (h)(1)(v) of this section. The

description shall identify the location

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

entries) for each required record. If the

description changes, the owner or

operator shall retain both the current

and the most recent superseded

description. The description, and the

most recent superseded description,

shall be retained as provided in

paragraph (a) of this section, except as

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

this section.

(C) A description, and the date, of any

change to the monitoring system that

would reasonably be expected to impair

its ability to comply with the

requirements of paragraph (h)(1) of this

section.

(D) Owners and operators subject to

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

shall retain the current description of

the monitoring system as long as the

description is current. The current

description shall, at all times, be

retained on-site or be accessible from a

central location by computer or other

means that provides access within 2

hours after a request. The owner or

operator shall retain all superseded

descriptions for at least 5 years after the

date of their creation. Superseded

descriptions shall be retained on-site (or

accessible from a central location by

computer or other means that provides

access within 2 hours after a request) for

at least 6 months after their creation.

Thereafter, superseded descriptions may

be stored off-site.

(2) * * *

(i) If the owner or operator elects not

to retain the daily average or batch cycle

daily average values, the owner or

operator shall notify the Administrator

in the next Periodic Report as specified

in paragraph (e)(6)(x) of this section.

The notification shall identify the

parameter and unit of equipment.

* * * * *

(iii) The owner or operator shall retain

the records specified in paragraphs

(h)(1)(i) through(h)(1)(iii) of this section,

for the duration specified in paragraph

(h) of this section. For any calendar

week, if compliance with paragraphs

(h)(1)(i) through (h)(1)(iii) of this section

does not result in retention of a record

of at least one occurrence or measured

parameter value, the owner or operator

shall record and retain at least one

parameter value during a period of

operation other than a start-up,

shutdown, or malfunction.

(iv) * * *

(A) The daily average or batch cycle

daily average value during any start-up,

shutdown, or malfunction shall not be

considered an excursion for purposes of

paragraph (h)(2) of this section, if the

owner or operator follows the applicable

provisions of the start-up, shutdown,

and malfunction plan required by

§ 63.6(e)(3).

* * * * *

28a. Revise Tables 1, 2, 5, 6, 7, and

8, and add Table 9 to Subpart U of part

63, to read as follows:

TABLE 1 TO SUBPART U OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCES

Reference Applies to subpart

U Explanation

63.1(a)(1) ................................................ Yes ........................ § 63.482 specifies definitions in addition to or that supersede definitions in

§ 63.2.

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

63.1(a)(3) ................................................ Yes ........................ § 63.481(f) through (k) and § 63.160(b) identify those standards which may

apply in addition to the requirements of subparts U and H of this part, and

specify how compliance shall be achieved.

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

to subpart U.

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

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

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

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

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

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

63.1(b)(1) ................................................ No .......................... § 63.480(a) contains specific applicability criteria.

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

63.1(b)(3) ................................................ No .......................... § 63.480(b) provides documentation requirements for EPPUs not considered affected sources.

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

to subpart U.

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

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 that are

not required by subpart U.

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

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

63.2 ......................................................... Yes ........................ § 63.482 specifies those subpart A definitions that apply to subpart U.

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

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

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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38085

TABLE 1 TO SUBPART U OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCES—

Continued

Reference Applies to subpart

U Explanation

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 § 63.480(i) 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 and § 63.9(b) requirements do not apply.

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

63.5(b)(6) ................................................ Yes ........................ Except that § 63.480(i) defines when construction or reconstruction is subject to

the new source standards.

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

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

apply.

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

63.5(d)(1)(iii) ............................................ No .......................... § 63.506(e)(5) and § 63.502(f) 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 § 63.502

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) ................................................ No .......................... The dates specified in § 63.481(b) apply, instead.

63.6(b)(2) ................................................ No.

63.6(b)(3) ................................................ No.

63.6(b)(4) ................................................ No.

63.6(b)(5) ................................................ No.

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

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

63.6(c)(1) ................................................. Yes ........................ § 63.481 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. Does not apply to

Group 2 emission points, unless they are included in an emissions average.a

63.6(e)(1)(i) ............................................. No .......................... This is addressed by § 63.480(j)(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 § 63.502), the start-up, shutdown, and malfunction plan requirement of § 63.6(e)(3)(i) is limited to control devices and is optional for other equipment. The start-up, shutdown, and malfunction plan may

include written procedures that identify conditions that justify a delay of repair.

63.6(e)(3)(i)(A) ........................................ No .......................... This is addressed by § 63.480(j)(4).

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

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

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

63.6(e)(3)(iii) ............................................ No .......................... Recordkeeping and reporting are specified in § 63.506(b)(1).

63.6(e)(3)(iv) ........................................... No .......................... Recordkeeping and reporting are specified in § 63.506(b)(1).

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

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

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

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

63.6(e)(3)(vii)(B) ...................................... Yes ........................ Except the plan shall provide for operation in compliance with § 63.480(j)(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 § 63.502.

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

38086 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

TABLE 1 TO SUBPART U OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCES—

Continued

Reference Applies to subpart

U Explanation

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

63.6(h) ..................................................... No .......................... Subpart U 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 § 63.481(e) and § 63.506(e)(3)(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 .......................... § 63.506(e)(5) specifies the submittal dates of performance test results for all

emission points except equipment leaks; for equipment leaks, compliance

demonstration results are reported in the Periodic Reports.

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

63.7(b) ..................................................... No .......................... § 63.504(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 at maximum representative operating conditions achievable at the time without disruption of operations or damage to equipment.

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

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

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

63.7(f) ...................................................... Yes ........................ Except that § 63.144(b)(5)(iii)(A) & (B) shall apply for process wastewater. Also,

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 that the requirements in § 63.506(e)(5) shall apply instead of references

to the Notification of Compliance Status report in 63.9(h). In addition, equipment leaks subject to § 63.502 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 U 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

§ 63.506(b)(1)(i)(B); for equipment leaks, comply with § 63.181(g)(2)(iii).

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

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

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

63.8(c)(4) ................................................. No .......................... § 63.505 specifies monitoring frequency; not applicable to equipment leaks, because § 63.502 does not require continuous monitoring systems.

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

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

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

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

63.8(f)(4)(i) .............................................. No .......................... Timeframe for submitting request is specified in § 63.506(f) or (g); not applicable to equipment leaks, because § 63.502 (through reference to subpart H)

specifies acceptable alternative methods.

63.8(f)(4)(ii) ............................................. No .......................... Contents of request are specified in § 63.506(f) or (g).

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

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

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

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

63.8(f)(6) ................................................. No .......................... Subpart U does not require CEM’s.

63.8(g) ..................................................... No .......................... Data reduction procedures specified in § 63.506(d) and (h); not applicable to

equipment leaks.

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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38087

TABLE 1 TO SUBPART U OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCES—

Continued

Reference Applies to subpart

U Explanation

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

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

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

63.9(e) ..................................................... No .......................... § 63.504(a)(4) specifies notification deadline.

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

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

63.9(h) ..................................................... No .......................... § 63.506(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 .......................... § 63.506(a) specifies record retention requirements.

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

63.10(b)(3) .............................................. No .......................... § 63.480(b) requires documentation of sources that are not affected sources.

63.10(c) ................................................... No .......................... § 63.506 specifies recordkeeping requirements.

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

63.10(d)(2) .............................................. No .......................... § 63.506(e)(5) specifies performance test reporting requirements; not applicable

to equipment leaks.

63.10(d)(3) .............................................. No .......................... Subpart U 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 § 63.506(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 unless they are included

in an emissions average.

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

63.10(e) ................................................... No .......................... § 63.506 specifies reporting requirements.

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

63.11 ....................................................... Yes ........................ Except that instead of § 63.11(b), § 63.504(c) shall apply.

63.12 ....................................................... Yes ........................ Except that the authority of § 63.503(i) and 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 unless they are included

in an emissions average.

TABLE 2 TO SUBPART U OF PART 63—APPLICABILITY OF SUBPARTS F, G, & H OF THIS PART TO SUBPART U AFFECTED

SOURCES

Reference Applies to subpart

U Explanation Applicable section ofsubpart U

Subpart F

63.100 ......................... No.

63.101 ......................... Yes ...................... Several definitions from 63.101 are referenced in 63.482 ........................... 63.482

63.102–63.103 ............ No.

63.104–63.105 ............ Yes ...................... ....................................................................................................................... 63.501 and 63.502

63.106–63.109 ............ No.

Subpart G

63.110 ......................... No.

63.111 ......................... Yes ...................... Several definitions from 63.111 are referenced in 63.482 ........................... 63.482

63.112 ......................... No.

63.113–63.118 ............ Yes ...................... With the differences noted in 63.485(b) through 63.485(k) ......................... 63.485

63.119–63.123 ............ Yes ...................... With the differences noted in 63.484(c) through 63.484(s) .......................... 63.484

63.124–63.125 ............ No ........................ [Reserved.].

63.126–63.130 ............ No.

63.131–63.147 ............ Yes ...................... With the differences noted in 63.501(a)(1) through 63.501(a)(19) .............. 63.501

63.148–63.149 ............ Yes ...................... With the differences noted in 63.484(c) through 63.484(s) and

63.501(a)(1) through 63.501(a)(23).

63.484 and 63.501

63.150(a) through

63.150(f).

No.

63.150(g)(1) and

63.150(g)(2).

No.

63.150(g)(3) ................ Yes ...................... ....................................................................................................................... 63.503(g)(3)

63.150(g)(4) ................ No.

63.150(g)(5) ................ Yes ...................... ....................................................................................................................... 63.503(g)(5)

63.150(h)(1) and

63.150(h)(2).

No.

63.150(h)(3) ................ Yes ...................... ....................................................................................................................... 63.503(h)(3)

63.150(h)(4) ................ No.

38088 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

TABLE 2 TO SUBPART U OF PART 63—APPLICABILITY OF SUBPARTS F, G, & H OF THIS PART TO SUBPART U AFFECTED

SOURCES—Continued

Reference Applies to subpart

U Explanation Applicable section ofsubpart U

63.150(h)(5) ................ Yes ...................... ....................................................................................................................... 63.503(h)(5)

63.150(i) through

63.150(o).

No.

63.151–63.152 ............ No.

Subpart H

63.160–63.183 ............ Yes ...................... Subpart U affected sources shall comply with all requirements of subpart

H of this part, with the differences noted in § 63.502.

63.502

* * * * *

TABLE 5 TO

SUBPART U OF

PART 63—KNOWN

ORGANIC HAP EMITTED

FROM THE

PRODUCTION OF

ELASTOMER

Organic HAP/chemical name (CAS No.)

Elastomer product/subcategory

BR EPI EPR HBR HYP NEO NBL NBR PBR/ SBRS 

Acrylonitrile (107131) .................................................. ✔ ✔1,3 Butadiene (106990) .............................................. ✔✔✔ Carbon Disulfide (75150) ............................................Carbon Tetrachloride (56235) .....................................

✔

Chlorobenzene (108907) ............................................

✔

Chloroform (67663) .....................................................

✔

Chloroprene (126998) .................................................

✔

Epichlorohydrin (106898) ............................................

✔

Ethylbenzene (100414) ...............................................

✔

Ethylene Dichloride (107062) .....................................Ethylene Oxide (75218) ..............................................

✔

Formaldehyde (50000) ................................................Hexane (110543) ........................................................ ✔✔ ✔Methanol (67561) ........................................................

✔

✔

Methyl Chloride (74873) ............................................. ✔ ✔Propylene Oxide (75569) ............................................

✔

Styrene (100425) ........................................................ ✔ Toluene (108883) ........................................................ ✔✔ ✔ ✔Xylenes (1330207) ......................................................

✔

Xylene (m-) (108383) ..................................................

✔

Xylene (o-) (95476) .....................................................

✔

Xylene (p-) (106423) ...................................................

✔

CAS No. = Chemical Abstract Service NumberBR = Butyl RubberEPI = Epichlorohydrin RubberEPR = Ethylene Propylene RubberHBR = Halobutyl RubberHYP = HypalonTMNEO = NeopreneNBL = Nitrile Butadiene LatexNBR = Nitrile Butadiene RubberPBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by SolutionPSR = Polysulfide RubberSBL = Styrene Butadiene LatexSBRE = Styrene Butadiene Rubber by Emulsion

38090 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

TABLE 6 TO SUBPART U OF PART 63—GROUP 1 BATCH FRONT-END PROCESS VENTS AND AGGREGATE BATCH VENT

STREAMS—MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS

Control/recovery device Parameter to be monitored Recordkeeping and reporting requirements for

monitored parameters

Thermal Incinerator ............................................ Firebox temperature a ....................................... 1. Continuous records as specified in

§ 63.491(e)(1) b.

2. Record and report the average firebox temperature measured during the performance

test NCSc.

3. Record the batch cycle daily average firebox temperature as specified in

§ 63.491(e)(2).

4. Report all batch cycle daily average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR d e.

Catalytic Incinerator ............................................ Temperature upstream and downstream of

the catalyst bed.

1. Continuous records as specified in

§ 63.491(e)(1)b.

2. Record and report the average upstream

and downstream temperatures and the average temperature difference across the

catalyst bed measured during the performance test NCSc.

3. Record the batch cycle daily average upstream temperature and temperature difference across catalyst bed as specified in

§ 63.491(e)(2).

4. Report all batch cycle daily average upstream temperatures that are below the

minimum upstream value established in the

NCS or operating permit PR d e.

5. Report all batch cycle daily average temperature differences across the catalyst bed

that are below the minimum difference established in the NCS or operating permit—

PR d e.

6. Report all instances when monitoring data

are not collected.

Boiler or Process Heater with a design heat

input capacity less than 44 megawatts and

where the batch front-end process vents or

aggregate batch vent streams are not introduced with or used as the primary fuel.

Firebox temperature a ....................................... 1. Continuous records as specified in

§ 63.491(e)(1).b

2. Record and report the average firebox temperature measured during the performance

test—NCS.c

3. Record the batch cycle daily average firebox temperature as specified in

§ 63.491(e)(2).d

4. Report all batch cycle daily average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR.d e

Flare ................................................................... Presence of a flame at the pilot light ............... 1. Hourly records of whether the monitor was

continuously operating during batch emission episodes selected for control and

whether a flame was continuously present

at the pilot light during each hour.

2. Record and report the presence of a flame

at the pilot light over the full period of the

compliance determination—NCS.c

3. Record the times and durations of all periods during batch emission episodes when

all flames at the pilot light of a flare are absent or the monitor is not operating.

4. Report the times and durations of all periods during batch emission episodes selected for control when all flames at the

pilot light of a flare are absent—PR.d

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38091

TABLE 6 TO SUBPART U OF PART 63—GROUP 1 BATCH FRONT-END PROCESS VENTS AND AGGREGATE BATCH VENT

STREAMS—MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS—Continued

Control/recovery device Parameter to be monitored Recordkeeping and reporting requirements for

monitored parameters

Scrubber for halogenated batch front-end process vents or aggregate batch vent streams

(Note: Controlled by a combustion device

other than a flare).

pH of scrubber effluent, and ............................ 1. Continuous records as specified in

§ 63.491(e)(1).b

2. Record and report the average pH of the

scrubber effluent measured during the performance test—NCS.c

3. Record the batch cycle daily average pH of

the scrubber effluent as specified in

§ 63.491(e)(2).

4. Report all batch cycle daily average pH values of the scrubber effluent that are below

the minimum operating value established in

the NCS or operating permit and all instances when insufficient monitoring data

are collected—PR.d e

Scrubber for halogenated batch front-end process vents or aggregate batch vent streams

(Note: Controlled by a combustion device

other than a flare) (Continued).

Scrubber liquid and gas flow rates [§ 63.489

(b)(4)(ii)].

1. Records as specified in § 63.491(e)(1).b

2. Record and report the scrubber liquid/gas

ratio averaged over the full period of the

performance test—NCS.c

3. Record the batch cycle daily average

scrubber liquid/gas ratio as specified in

§ 63.491(e)(2).

4. Report all batch cycle daily average scrubber liquid/gas ratios that are below the minimum value established in the NCS or operating permit and all instances when insufficient monitoring data are collected—PR.d e

Absorberf ............................................................ Exit temperature of the absorbing liquid, and 1. Continuous records as specified in

§ 63.491(e)(1).b

2. Record and report the average exit temperature of the absorbing liquid measured

during the performance test—NCS.c

3. Record the batch cycle daily average exit

temperature of the absorbing liquid as

specified in § 63.491(e)(2) for each batch

cycle.

4. Report all the batch cycle daily average

exit temperatures of the absorbing liquid

that are below the minimum absorbing liquid exit temperature established in the NCS

or operating permit and all instances when

monitoring data are not collected—PR.d e

........................................................................ Exit specific gravity of the absorbing liquid 1.

Continuous records as specified in

§ 63.491(e)(1).b

2. Record and report the average exit specific

gravity measured during the performance

test—NCS.

3. Record the batch cycle daily average exit

specific gravity as specified in

§ 63.491(e)(2).

4. Report all batch cycle daily average exit

specific gravity values that are below the

minimum operating value established in the

NCS or operating permit and all instances

when monitoring data are not collected—

PR.d e

Condenserf ......................................................... Exit (product side) temperature ....................... 1. Continuous records as specified in

§ 63.491(e)(1).b

2. Record and report the average exit temperature measured during the performance

test—NCS.

3. Record the batch cycle daily average exit

temperature as specified in § 63.491(e)(2).

38092 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

TABLE 6 TO SUBPART U OF PART 63—GROUP 1 BATCH FRONT-END PROCESS VENTS AND AGGREGATE BATCH VENT

STREAMS—MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS—Continued

Control/recovery device Parameter to be monitored Recordkeeping and reporting requirements for

monitored parameters

4. Report all batch cycle daily average exit

temperatures that are above the maximum

operating value established in the NCS or

operating permit and all instances when

monitoring data are not collected—PR.d, e

Carbon Adsorberf ............................................... Total regeneration steam flow or nitrogen

flow, or pressure (gauge or absolute) during

carbon bed regeneration cycle(s), and.

1. Record of total regeneration steam flow or

nitrogen flow, or pressure for each carbon

bed regeneration cycle.

2. Record and report the total regeneration

steam flow or nitrogen flow, or pressure

during each carbon bed regeneration cycle

during the performance test—NCS.c

3. Report all carbon bed regeneration cycles

when the total regeneration steam flow or

nitrogen flow, or pressure is above the

maximum value established in the NCS or

operating permit—PR.d, e

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

any cooling cycle(s).

1. Record the temperature of the carbon bed

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

2. Record and report the temperature of the

carbon bed after each regeneration and

within 15 minutes of completing any cooling

cycle(s) measured during the performance

test—NCS.c

3. Report all carbon bed regeneration cycles

when the temperature of the carbon bed

after regeneration, or within 15 minutes of

completing any cooling cycle(s), is above

the maximum value established in the NCS

or operating permit—PR.d, e

All Control Devices ............................................. Diversion to the atmosphere from the control

device or.

1. Hourly records of whether the flow indicator

was operating during batch emission episodes selected for control and whether a diversion was detected at any time during the

hour, as specified in § 63.491(e)(3).

2. Record and report the times of all periods

during batch emission episodes selected for

control when emissions are diverted

through a bypass line, or the flow indicator

is not operating—PRd

Monthly inspections of sealed valves .............. 1. Records that monthly inspections were performed as specified in § 63.491(e)(4)(i).

2. Record and report all monthly inspections

that show that valves are in the diverting

position or that a seal has been broken—

PRd

Absorber, Condenser, and Carbon Adsorber

(as an alternative to the above).

Concentration level or reading indicated by an

organic monitoring device at the outlet of

the recovery device.

1. Continuous records as specified in

§ 63.491(e)(1).b

2. Record and report the average batch vent

concentration level or reading measured

during the performance test—NCS.

3. Record the batch cycle daily average concentration level or reading as specified in

§ 63.491(e)(2).

4. Report all batch cycle daily average concentration levels or readings that are above

the maximum values established in the

NCS or operating permit and all instances

when monitoring data are not collected—

PR.d, e

a Monitor may be installed in the firebox or in the duct work immediately downstream of the firebox before any substantial heat exchange is encountered. b ‘‘Continuous records’’ is defined in § 63.111.

c ‘‘NCS = Notification of Compliance Status described in § 63.506(e)(5).

dPR = Periodic Reports described in § 63.506(e)(6) of this subpart.

eThe periodic reports shall include the duration of periods when monitoring data are not collected as specified in § 63.506(e)(6)(iii)(C) of this

subpart.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38093

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

TABLE 7 TO SUBPART U OF PART 63—OPERATING PARAMETERS FOR WHICH MONITORING LEVELS ARE REQUIRED TO BE

ESTABLISHED FOR CONTINUOUS AND BATCH FRONT-END PROCESS VENTS AND AGGREGATE BATCH VENT STREAMS

Control/recovery device Parameters to be monitored Established operating parameter(s)

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

Catalytic incinerator ......................... Temperature upstream and downstream of the catalyst bed ............... Minimum upstream temperature;

and minimum temperature difference across the catalyst bed.

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

Scrubber for halogenated vents ...... pH of scrubber effluent; and scrubber liquid and gas flow rates ..........

[§ 63.489(b)(4)(ii)] ...................................................................................

Minimum pH; and minimum liquid/

gas ratio.

Absorber .......................................... Exit temperature of the absorbing liquid; and exit specific gravity of

the absorbing liquid.

Maximum temperature; and maximum specific gravity.

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

Carbon adsorber ............................. Total regeneration steam flow or nitrogen flow, or pressure (gauge or

absolute)a during carbon bed regeneration cycle; and temperature

of the carbon bed after regeneration (and within 15 minutes of

completing any cooling cycle(s)).

Maximum flow or pressure; and

maximum temperature.

Other devices (or as an alternate to

the above) b.

HAP concentration level or reading at outlet of device ......................... Maximum HAP concentration or

reading.

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

b Concentration is measured instead of an operating parameter.

TABLE 8 TO SUBPART U OF PART 63—SUMMARY OF COMPLIANCE ALTERNATIVE REQUIREMENTS FOR THE BACK-END

PROCESS PROVISIONS

Compliance alternative Parameter to be monitored Requirements

Compliance Using Stripping Technology, Demonstrated through Periodic Sampling

[§ 63.495(b)].

Residual organic HAP content in each sample

of crumb or latex.

(1) If a stripper operated in batch mode is

used, at least one representative sample is

to be taken from every batch.

(2) If a stripper operated in continuous mode

is used, at least one representative sample

is to be taken each operating day.

Quantity of Material (weight of latex or dry

crumb rubber) represented by each sample.

(1) Acceptable methods of determining this

quantity are production records, measurement of stream characteristics, and engineering calculations.

Compliance Using Stripping Technology, Demonstrated through Stripper Parameter Monitoring [§ 63.495(c)].At a minimum, temperature, pressure, steaming rates (for steam strippers), and some

parameter that is indicative of residence

time.

(1) Establish stripper operating parameter levels for each grade in accordance with

§ 63.505(e).

(2) Continuously monitor stripper operating

parameters.

(3) If hourly average parameters are outside

of the established operating parameter levels, a crumb or latex sample shall be taken

in accordance with § 63.495(c)(3)(ii).

Determining Compliance Using Control or Recovery Devices [§ 63.496].Parameters to be monitored are described in

Table 3 of subpart G of this part.

Comply with requirements listed in Table 3 of

subpart G of this part, except for the requirements for halogenated vent stream

scrubbers.

TABLE 9 TO SUBPART U OF PART 63—ROUTINE REPORTS REQUIRED BY THIS SUBPART

Reference Description of report Due date

§ 63.506(b) and Subpart A .............. Refer to § 63.506(b), Table 1 of

this subpart, and to subpart A.

Refer to subpart A.

§ 63.506(e)(3) .................................. Precompliance Report a ................. Existing affected sources: 12 months prior to compliance date.

New affected sources: with the application for approval of construction or reconstruction.

§ 63.506(e)(4) .................................. Emissions Averaging Plan ............. 18 months prior to the compliance date.

§ 63.506(e)(4)(iv) ............................. Updates to Emissions Averaging

Plan.

120 days prior to making the change necessitating the update.

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

§ 63.506(e)(6) .................................. Periodic Reports ............................ Semiannually, no later than 60 days after the end of each 6-month

period. See § 63.506(e)(6)(i) for the due date for this report.

§ 63.506(e)(6)(xi) ............................. Quarterly reports for Emissions

Averaging.

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

due with the Notification of Compliance Status.

38094 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

TABLE 9 TO SUBPART U OF PART 63—ROUTINE REPORTS REQUIRED BY THIS SUBPART—Continued

Reference Description of report Due date

§ 63.506(e)(6)(xii) ............................ Quarterly reports 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.

§ 63.506(e)(7)(ii) .............................. Requests for Approval of a Nominal Control Efficiency for Use in

Emissions Averaging.

Initial submittal is due with the Emissions Averaging Plan; later submittals are made at the discretion of the owner or operator as

specified in § 63.506(e)(7)(ii)(B).

§ 63.506(e)(7)(iii) ............................. Notification of Change in the Primary Product.For notification under § 63.480(f)(3)(ii)

—notification submittal date at the discretion of the owner or operator.c

For notification under § 63.480(f)(4)(ii)

—within 6 months of making the determination.

a There may be two versions of this report due at different times; one for equipment subject to § 63.502 and one for other emission points subject to this subpart. b There will be two versions of this report due at different times; one for equipment subject to § 63.502 and one for other emission points subject to this subpart. c Note that the EPPU remains subject to this subpart until the notification under § 63.480(f)(3)(i) is made.

Subpart JJJ—National Emission

Standards for Hazardous Air Pollutant

Emissions: Group IV Polymers and

Resins

29. Section 63.1310 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b);

c. Revising paragraph (c);

d. Revising paragraph (e);

e. Revising paragraph (f);

f. Revising paragraph (g) introductory

text;

g. Revising paragraphs (g)(1) through

(g)(4);

h. Revising paragraphs (g)(6) through

(g)(8);

i. Revising paragraph (h);

j. Revising paragraph (i) introductory

text;

k. Revising paragraph (i)(1)

introductory text;

l. Revising paragraphs (i)(1)(i) and

(i)(1)(ii);

m. Revising paragraph (i)(2)(i)

introductory text;

n. Revising paragraph (i)(2)(i)(A);

o. Revising paragraphs (i)(2)(ii) and

(i)(2)(iii);

p. Revising paragraphs (i)(3) through

(i)(5);

q. Revising paragraph (j);

r. Adding paragraph (i)(2)(iv); and

s. Adding paragraph (i)(6).

The revisions and additions read as

follows:

§ 63.1310 Applicability and designation of

affected sources.

(a) Definition of affected source. The

provisions of this subpart apply to each

affected source. Affected sources are

described in paragraphs (a)(1) through

(a)(4) of this section.

(1) An affected source is either an

existing affected source or a new

affected source. Existing affected source

is defined in paragraph (a)(2) of this

section, and new affected source is

defined in paragraph (a)(3) of this

section.

(2) An existing affected source is

defined as each group of one or more

thermoplastic product process units

(TPPU) and associated equipment, as

listed in paragraph (a)(4) of this section

that is not part of a new affected source,

as defined in paragraph (a)(3) of this

section, that is manufacturing the same

primary product, and that is located at

a plant site that is a major source.

(3) A new affected source is defined

by the criteria in paragraph (a)(3)(i),

(a)(3)(ii), or (a)( 3)(iii) of this section.

The situation described in paragraph

(a)(3)(i) of this section is distinct from

those situations described in paragraphs

(a)(3)(ii) and (a)(3)(iii) of this section

and from any situation described in

paragraph (i) of this section.

(i) At a site without HAP emission

points before March 29, 1995 (i.e., a

‘‘greenfield’’ site), each group of one or

more TPPU and associated equipment,

as listed in paragraph (a)(4) of this

section, that is manufacturing the same

primary product and that is part of a

major source on which construction

commenced after March 29, 1995;

(ii) A group of one or more TPPU

meeting the criteria in paragraph (i)(1)(i)

of this section; or

(iii) A reconstructed affected source

meeting the criteria in paragraph (i)(2)(i)

of this section.

(4) Emission points and equipment.

The affected source also includes the

emission points and equipment

specified in paragraphs (a)(4)(i) through

(a)(4)(vi) of this section that are

associated with each applicable group of

one or more TPPU constituting an

affected source.

(i) Each waste management unit.

(ii) Maintenance wastewater.

(iii) Each heat exchange system.

(iv) Each process contact cooling

tower used in the manufacture of PET

that is associated with a new affected

source.

(v) Each process contact cooling tower

used in the manufacture of PET using a

continuous terephthalic acid high

viscosity multiple end finisher process

that is associated with an existing

affected source.

(vi) Equipment required by, or

utilized as a method of compliance

with, this subpart which may include

control devices and recovery devices.

(5) TPPUs and associated equipment,

as listed in paragraph (a)(4) of this

section, that are located at plant sites

that are not major sources are neither

affected sources nor part of an affected

source.

(b) TPPUs without organic HAP. The

owner or operator of a TPPU that is part

of an affected source, as defined in

paragraph (a) of this section, but that

does not use or manufacture any organic

HAP shall comply with the

requirements of either paragraph (b)(1)

or (b)(2) of this section. Such a TPPU is

not subject to any other provisions of

this subpart and is not required to

comply with the provisions of subpart A

of this part.

(1) Retain information, data, and

analyses used to document the basis for

the determination that the TPPU does

not use or manufacture any organic

HAP. Types of information that could

document this determination include,

but are not limited to, records of

chemicals purchased for the process,

analyses of process stream composition,

engineering calculations, or process

knowledge.

(2) When requested by the

Administrator, demonstrate that the

TPPU does not use or manufacture any

organic HAP.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38095

(c) Emission points not subject to the

provisions of this subpart. The affected

source includes the emission points

listed in paragraphs (c)(1) through (c)(9)

of this section, but these emission

points are not subject to the

requirements of this subpart or to the

provisions of subpart A of this part.

(1) Equipment that does not contain

organic HAP and is located within a

TPPU that is part of an affected source;

(2) Stormwater from segregated

sewers;

(3) Water from fire-fighting and

deluge systems in segregated sewers;

(4) Spills;

(5) Water from safety showers;

(6) Water from testing of deluge

systems;

(7) Water from testing of firefighting

systems;

(8) Vessels and equipment storing

and/or handling material that contain

no organic HAP and/or organic HAP as

impurities only; and

(9) Equipment that is intended to

operate in organic HAP service for less

than 300 hours during the calendar year.

* * * * *

(e) Applicability determination of

nonthermoplastic equipment included

within the boundaries of a TPPU. If a

polymer that is not a thermoplastic

product is produced within the

equipment (i.e., collocated) making up a

TPPU and at least 50 percent of that

polymer is used in the production of a

thermoplastic product manufactured by

the same TPPU, then the unit operations

involved in the production of that

polymer are considered part of the

TPPU and are subject to this subpart,

with the following exception. Any

emission points from such unit

operations that are subject to another

subpart of this part with an effective

date prior to September 5, 1996 shall

remain subject to that other subpart of

this part and are not subject to this

subpart.

(f) Primary product determination and

applicability. An owner or operator of a

process unit that produces or plans to

produce a thermoplastic product shall

determine if the process unit is subject

to this subpart in accordance with this

paragraph. The owner or operator shall

initially determine whether a process

unit is designated as a TPPU and subject

to the provisions of this subpart in

accordance with either paragraph (f)(1)

or (f)(2) of this section. The owner or

operator of a flexible operation unit that

was not initially designated as a TPPU,

but in which a thermoplastic product is

produced, shall conduct an annual redetermination of the applicability of this

subpart in accordance with paragraph

(f)(3) of this section. Owners or

operators that anticipate the production

of a thermoplastic product in a process

unit that was not initially designated as

a TPPU, and in which no thermoplastic

products are currently produced, shall

determine if the process unit is subject

to this subpart in accordance with

paragraph (f)(4) of this section.

Paragraphs (f)(3) and (f)(5) through (f)(7)

of this section discuss compliance only

for flexible operation units. Other

paragraphs apply to all process units,

including flexible operation units,

unless otherwise noted. Paragraph (f)(8)

of this section contains reporting

requirements associated with the

applicability determinations. Paragraphs

(f)(9) and (f)(10) of this section describe

criteria for removing the TPPU

designation from a process unit.

(1) Initial determination. The owner

or operator shall initially determine if a

process unit is subject to the provisions

of this subpart based on the primary

product of the process unit in

accordance with paragraphs (f)(1)(i)

through (iii) of this section. If the

process unit never uses or manufactures

any organic HAP, regardless of the

outcome of the primary product

determination, the only requirements of

this subpart that might apply to the

process unit are contained in paragraph

(b) of this section. If a flexible operation

unit does not use or manufacture any

organic HAP during the manufacture of

one or more products, paragraph (f)(5)(i)

of this section applies to that flexible

operation unit.

(i) If a process unit only manufactures

one product, then that product shall

represent the primary product of the

process unit.

(ii) If a process unit produces more

than one intended product at the same

time, the primary product shall be

determined in accordance with

paragraph (f)(1)(ii)(A) or (B) of this

section.

(A) The product for which the process

unit has the greatest annual design

capacity on a mass basis shall represent

the primary product of the process unit,

or

(B) If a process unit has the same

maximum annual design capacity on a

mass basis for two or more products,

and if one of those products is a

thermoplastic product, then the

thermoplastic product shall represent

the primary product of the process unit.

(iii) If a process unit is designed and

operated as a flexible operation unit, the

primary product shall be determined as

specified in paragraphs (f)(1)(iii)(A) or

(B) of this section based on the

anticipated operations for the 5 years

following September 12, 1996 at

existing process units, or for the first

year after the process unit begins

production of any product for new

process units. If operations cannot be

anticipated sufficiently to allow the

determination of the primary product

for the specified period, applicability

shall be determined (in accordance with

paragraph (f)(2) of this section.

(A) If the flexible operation unit will

manufacture one product for the greatest

operating time over the specified 5 year

period for existing process units, or the

specified 1 year period for new process

units, then that product shall represent

the primary product of the flexible

operation unit.

(B) If the flexible operation unit will

manufacture multiple products equally

based on operating time, then the

product with the greatest expected

production on a mass basis over the

specified 5 year period for existing

process units, or the specified 1 year

period for new process units shall

represent the primary product of the

flexible operation unit.

(iv) If, according to paragraph (f)(1)(i),

(ii), or (iii) of this section, the primary

product of a process unit is a

thermoplastic product, then that process

unit shall be designated as a TPPU. That

TPPU and associated equipment, as

listed in paragraph (a)(4) of this section

is either an affected source or part of an

affected source comprised of other

TPPU and associated equipment, as

listed in paragraph (a)(4) of this section,

subject to this subpart with the same

primary product at the same plant site

that is a major source. If the primary

product of a process unit is determined

to be a product that is not a

thermoplastic product, then that process

unit is not a TPPU.

(2) If the primary product cannot be

determined for a flexible operation unit

in accordance with paragraph (f)(1)(iii)

of this section, applicability shall be

determined in accordance with this

paragraph.

(i) If the owner or operator cannot

determine the primary product in

accordance with paragraph (f)(1)(iii) of

this section, but can determine that a

thermoplastic product is not the

primary product, then that flexible

operation unit is not a TPPU.

(ii) If the owner or operator cannot

determine the primary product in

accordance with paragraph (f)(1)(iii) of

this section, and cannot determine that

a thermoplastic product is not the

primary product as specified in

paragraph (f)(2)(i) of this section,

applicability shall be determined in

accordance with paragraph (f)(2)(ii)(A)

or (f)(2)(ii)(B) of this section.

38096 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(A) If the flexible operation unit is an

existing process unit, the flexible

operation unit shall be designated as a

TPPU if a thermoplastic product was

produced for 5 percent or greater of the

total operating time of the flexible

operating unit since March 9, 1999. That

TPPU and associated equipment, as

listed in paragraph (a)(4) of this section,

is either an affected source, or part of an

affected source comprised of other

TPPU and associated equipment, as

listed in paragraph (a)(4) of this section,

subject to this subpart with the same

primary product at the same plant site

that is a major source. For a flexible

operation unit that is designated as an

TPPU in accordance with this

paragraph, the thermoplastic product

produced for the greatest amount of

time since March 9, 1999 shall be

designated as the primary product of the

TPPU.

(B) If the flexible operation unit is a

new process unit, the flexible operation

unit shall be designated as a TPPU if the

owner or operator anticipates that a

thermoplastic product will be

manufactured in the flexible operation

unit at any time in the first year after the

date the unit begins production of any

product. That TPPU and associated

equipment, as listed in paragraph (a)(4)

of this section, is either an affected

source, or part of an affected source

comprised of other TPPU and associated

equipment, as listed in paragraph (a)(4)

of this section, subject to this subpart

with the same primary product at the

same plant site that is a major source.

For a process unit that is designated as

a TPPU in accordance with this

paragraph, the thermoplastic product

that will be produced shall be

designated as the primary product of the

TPPU. If more than one thermoplastic

product will be produced, the owner or

operator may select which

thermoplastic product is designated as

the primary product.

(3) Annual applicability

determination for non-TPPUs that have

produced a thermoplastic product. Once

per year beginning September 12, 2001,

the owner or operator of each flexible

operation unit that is not designated as

a TPPU, but that has produced a

thermoplastic product 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 (f)(3)(i) through (f)(3)(iii) of

this section. However, an owner or

operator that does not intend to produce

any thermoplastic product in the future,

in accordance with paragraph (f)(9) of

this section, is not required to perform

the evaluation described in paragraphs

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

(i) For each product produced in the

flexible operation unit, the owner or

operator shall calculate the percentage

of total operating time over which the

product was produced during the

preceding 5-year period.

(ii) The owner or operator shall

identify the primary product as the

product with the highest percentage of

total operating time for the preceding 5-

year period.

(iii) If the primary product identified

in paragraph (f)(3)(ii) is a thermoplastic

product, the flexible operation unit shall

be designated as a TPPU. The owner or

operator shall notify the Administrator

no later than 45 days after determining

that the flexible operation unit is a

TPPU, and shall comply with the

requirements of this subpart in

accordance with paragraph (i)(1) of this

section for the flexible operation unit.

(4) Applicability determination for

non-TPPUs that have not produced a

thermoplastic product. The owner or

operator that anticipates the production

of a thermoplastic product in a process

unit that is not designated as a TPPU,

and in which no thermoplastic products

have been produced in the previous 5-

year period or since the date that the

process unit began production of any

product, whichever is shorter, shall

determine if the process unit is subject

to this subpart in accordance with

paragraphs (f)(4)(i) and (ii) of this

section. Also, owners or operators who

have notified the Administrator that a

process unit is not a TPPU in

accordance with paragraph (f)(9) of this

section, that now anticipate the

production of a thermoplastic product

in the process unit, shall determine if

the process unit is subject to this

subpart in accordance with paragraphs

(f)(4)(i) and (ii) of this section.

(i) The owner or operator shall use the

procedures in paragraph (f)(1) or (f)(2) of

this section to determine if the process

unit is designated as a TPPU, with the

following exception: For existing

process units that are determining the

primary product in accordance with

paragraph (f)(1)(iii) of this section,

production shall be projected for the

five years following the date that the

owner or operator anticipates initiating

the production of a thermoplastic

product.

(ii) If the unit is designated as a TPPU

in accordance with paragraph (f)(4)(i) of

this section, the owner or operator shall

comply in accordance with paragraph

(i)(1) of this section.

(5) Compliance for flexible operation

units. Owners or operators of TPPUs

that are flexible operation units shall

comply with the standards specified for

the primary product, with the

exceptions provided in paragraphs

(f)(5)(i) and (f)(5)(ii) of this section.

(i) Whenever a flexible operation unit

manufactures a product in which no

organic HAP is used or manufactured,

the owner or operator is only required

to comply with either paragraph (b)(1)

or (b)(2) of this section to demonstrate

compliance for activities associated

with the manufacture of that product.

This subpart does not require

compliance with the provisions of

subpart A of this part for activities

associated with the manufacture of a

product that meets the criteria of

paragraph (b) of this section.

(ii) Whenever a flexible operation unit

manufactures a product that makes it

subject to subpart GGG of this part, the

owner or operator is not required to

comply with the provisions of this

subpart during the production of that

product.

(6) Owners or operators of TPPUs that

are flexible operation units have the

option of determining the group status

of each emission point associated with

the flexible operation unit, in

accordance with either paragraph

(f)(6)(i) or (f)(6)(ii) of this section, with

the exception of batch process vents.

For batch process vents, the owner or

operator shall determine the group

status in accordance with § 63.1323.

(i) The owner or operator may

determine the group status of each

emission point based on emission point

characteristics when the primary

product is being manufactured. The

criteria that shall be used for this group

determination are the Group 1 criteria

specified for the primary product.

(ii) The owner or operator may

determine the group status of each

emission point separately for each

product produced by the flexible

operation unit. For each product, the

group status shall be determined using

the emission point characteristics when

that product is being manufactured and

using the Group 1 criteria specified for

the primary product. (Note: Under this

scenario, it is possible that the group

status, and therefore the requirement to

achieve emission reductions, for an

emission point may change depending

on the product being manufactured.)

(7) Owners or operators determining

the group status of emission points in

flexible operation units based solely on

the primary product in accordance with

paragraph (f)(6)(i) of this section shall

establish parameter monitoring levels,

as required, in accordance with either

paragraph (f)(7)(i) or (f)(7)(ii) of this

section. Owners or operators

determining the group status of

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38097

emission points in flexible operation

units based on each product in

accordance with paragraph (f)(6)(ii) of

this section shall establish parameter

monitoring levels, as required, in

accordance with paragraph (f)(7)(i) of

this section.

(i) Establish separate parameter

monitoring levels in accordance with

§ 63.1334(a) for each individual

product.

(ii) Establish a single parameter

monitoring level (for each parameter

required to be monitored at each device

subject to monitoring requirements) in

accordance with § 63.1334(a) that would

apply for all products.

(8) Reporting requirements. When it is

determined that a process unit is a

TPPU and subject to the requirements of

this subpart, the Notification of

Compliance Status required by

§ 63.1335(e)(5) shall include the

information specified in paragraphs

(f)(8)(i) and (f)(8)(ii) of this section, as

applicable. If it is determined that the

process unit is not subject to this

subpart, the owner or operator shall

either retain all information, data, and

analysis used to document the basis for

the determination that the primary

product is not a thermoplastic product,

or, when requested by the

Administrator, demonstrate that the

process unit is not subject to this

subpart.

(i) If the TPPU manufactures only one

thermoplastic product, identification of

that thermoplastic product.

(ii) If the TPPU is designed and

operated as a flexible operation unit, the

information specified in paragraphs

(f)(8)(ii)(A) through (f)(8)(ii)(D) of this

section, as appropriate, shall be

submitted.

(A) If a primary product could be

determined, identification of the

primary product.

(B) Identification of which

compliance option, either paragraph

(f)(6)(i) or (f)(6)(ii) of this section, has

been selected by the owner or operator.

(C) If the option to establish separate

parameter monitoring levels for each

product in paragraph (f)(7)(i) of this

section is selected, the identification of

each product and the corresponding

parameter monitoring level.

(D) If the option to establish a single

parameter monitor level in paragraph

(f)(7)(ii) of this section is selected, the

parameter monitoring level for each

parameter.

(9) TPPUs terminating production of

all thermoplastic products. If a TPPU

terminates the production of all

thermoplastic products and does not

anticipate the production of any

thermoplastic products in the future, the

process unit is no longer a TPPU 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 thermoplastic

products will be produced in the

process unit in the future.

(10) Redetermination of applicability

to TPPUs that are flexible operation

units. Whenever changes in production

occur that could reasonably be expected

to change the primary product of a

TPPU that is operating as a flexible

operation unit from a thermoplastic

product to a product that would make

the process unit subject to another

subpart of this part, the owner or

operator shall re-evaluate the status of

the process unit as a TPPU in

accordance with paragraphs (f)(10)(i)

through (iii) of this section.

(i) For each product produced in the

flexible operation unit, the owner or

operator shall calculate the percentage

of total operating time in which the

product was produced for the preceding

five-year period, or since the date that

the process unit began production of

any product, whichever is shorter.

(ii) The owner or operator shall

identify the primary product as the

product with the highest percentage of

total operating time for the period.

(iii) If the conditions in (f)(10)(iii)(A)

through (C) of this section are met, the

flexible operation unit shall no longer

be designated as a TPPU and shall no

longer be subject to the provisions of

this subpart after the date that the

process unit is required to be in

compliance with the provisions of the

other subpart of this part to which it is

subject. If the conditions in paragraphs

(f)(10)(iii)(A) through (C) of this section

are not met, the flexible operation unit

shall continue to be considered a TPPU

and subject to the requirements of this

subpart.

(A) The product identified in

(f)(10)(ii) of this section is not a

thermoplastic product; and

(B) The production of the product

identified in (f)(10)(ii) of this section is

subject to another subpart of this part;

and

(C) The owner or operator submits a

notification to the Administrator of the

pending change in applicability.

(g) Storage vessel ownership

determination. The owner or operator

shall follow the procedures specified in

paragraphs (g)(1) through (g)(7) of this

section to determine to which process

unit a storage vessel shall be assigned.

Paragraph (g)(8) of this section specifies

when an owner or operator is required

to redetermine to which process unit a

storage vessel is assigned.

(1) If a storage vessel is already

subject to another subpart of 40 CFR

part 63 on September 12, 1996, said

storage vessel shall be assigned to the

process unit subject to the other subpart.

(2) If a storage vessel is dedicated to

a single process unit, the storage vessel

shall be assigned to that process unit.

(3) If a storage vessel is shared among

process units, then the storage vessel

shall be assigned to that process unit

located on the same plant site as the

storage vessel that has the greatest input

into or output from the storage vessel

(i.e., said process unit has the

predominant use of the storage vessel).

(4) If predominant use cannot be

determined for a storage vessel that is

shared among process units and if only

one of those process units is a TPPU

subject to this subpart, the storage vessel

shall be assigned to said TPPU.

* * * * *

(6) If the predominant use of a storage

vessel varies from year to year, then

predominant use shall be determined

based on the utilization that occurred

during the year preceding September 12,

1996 or based on the expected

utilization for the 5 years following

September 12, 1996 for existing affected

sources, whichever is more

representative of the expected

operations for said storage vessel, and

based on the expected utilization for the

first 5 years after initial start-up for new

affected sources. The determination of

predominant use shall be reported in

the Notification of Compliance Status,

as required by § 63.1335(e)(5)(vi).

(7) Where a storage vessel is located

at a major source that includes one or

more process units which place material

into, or receive materials from the

storage vessel, but the storage vessel is

located in a tank farm (including a

marine tank farm), the applicability of

this subpart shall be determined

according to the provisions in

paragraphs (g)(7)(i) through (g)(7)(iv) of

this section.

(i) The storage vessel may only be

assigned to a process unit that utilizes

the storage vessel and does not have an

intervening storage vessel for that

product (or raw material, as

appropriate). With respect to any

process unit, an intervening storage

vessel means a storage vessel connected

by hard-piping both to the process unit

and to the storage vessel in the tank

farm so that product or raw material

entering or leaving the process unit

flows into (or from) the intervening

storage vessel and does not flow directly

into (or from) the storage vessel in the

tank farm.

(ii) If there is no process unit at the

major source that meets the criteria of

38098 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

paragraph (g)(7)(i) of this section with

respect to a storage vessel, this subpart

does not apply to the storage vessel.

(iii) If there is only one process unit

at the major source that meets the

criteria of paragraph (g)(7)(i) of this

section with respect to a storage vessel,

the storage vessel shall be assigned to

that process unit.

(iv) If there are two or more process

units at the major source that meet the

criteria of paragraph (g)(7)(i) of this

section with respect to a storage vessel,

the storage vessel shall be assigned to

one of those process units according to

the provisions of paragraphs (g)(3)

through (g)(6) of this section. The

predominant use shall be determined

among only those process units that

meet the criteria of paragraph (g)(7)(i) of

this section.

(8) If the storage vessel begins

receiving material from (or sending

material to) a process unit that was not

included in the initial determination, or

ceases to receive material from (or send

material to) a process unit, the owner or

operator shall re-evaluate the

applicability of this subpart to the

storage vessel.

(h) Recovery operations equipment

ownership determination. The owner or

operator shall follow the procedures

specified in paragraphs (h)(1) through

(h)(6) of this section to determine to

which process unit recovery operations

equipment shall be assigned. Paragraph

(h)(7) of this section specifies when an

owner or operator is required to

redetermine to which process unit the

recovery operations equipment is

assigned.

(1) If recovery operations equipment

is already subject to another subpart of

40 CFR part 63 on September 12, 1996,

said recovery operations equipment

shall be assigned to the process unit

subject to the other subpart.

(2) If recovery operations equipment

is dedicated to a single process unit, the

recovery operations equipment shall be

assigned to that process unit.

(3) If recovery operations equipment

is shared among process units, then the

recovery operations equipment shall be

assigned to that process unit located on

the same plant site as the recovery

operations equipment that has the

greatest input into or output from the

recovery operations equipment (i.e.,

said process unit has the predominant

use of the recovery operations

equipment).

(4) If predominant use cannot be

determined for recovery operations

equipment that is shared among process

units and if one of those process units

is a TPPU subject to this subpart, the

recovery operations equipment shall be

assigned to said TPPU.

(5) If predominant use cannot be

determined for recovery operations

equipment that is shared among process

units and if more than one of the

process units are TPPUs that have

different primary products and that are

subject to this subpart, then the owner

or operator shall assign the recovery

operations equipment to any one of said

TPPUs.

(6) If the predominant use of recovery

operations equipment varies from year

to year, then predominant use shall be

determined based on the utilization that

occurred during the year preceding

September 12, 1996 or based on the

expected utilization for the 5 years

following September 12, 1996 for

existing affected sources, whichever is

the more representative of the expected

operations for said recovery operations

equipment, and based on the first 5

years after initial start-up for new

affected sources. The determination of

predominant use shall be reported in

the Notification of Compliance Status,

as required by § 63.1335(e)(5)(vii).

(7) If a piece of recovery operations

equipment begins receiving material

from a process unit that was not

included in the initial determination, or

ceases to receive material from a process

unit that was included in the initial

determination, the owner or operator

shall reevaluate the applicability of this

subpart to that recovery operations

equipment.

(i) Changes or additions to plant sites.

The provisions of paragraphs (i)(1)

through (i)(4) of this section apply to

owners or operators that change or add

to their plant site or affected source.

Paragraph (i)(5) of this section provides

examples of what are and are not

considered process changes for

purposes of this paragraph (i) of this

section. Paragraph (i)(6) of this section

discusses reporting requirements.

(1) Adding a TPPU to a plant site. The

provisions of paragraphs (i)(1)(i) and

(i)(1)(ii) of this section apply to owners

or operators that add one or more

TPPUs to a plant site.

(i) If a group of one or more TPPUs

that produce the same primary product

is added to a plant site, the added group

of one or more TPPUs and 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 start-up or

by June 19, 2000, whichever is later, as

provided in § 63.6(b), except that new

affected sources whose primary product,

as determined using the procedures

specified in paragraph (f) of this section,

is poly(ethylene terephthalate) (PET)

shall be in compliance with § 63.1331

upon initial start-up or February 27,

2001, whichever is later, if the added

group of one or more TPPUs meets the

criteria in either paragraph (i)(1)(i)(A) or

(i)(1)(i)(B) of this section, and the

criteria in either paragraph (i)(1)(i)(C) or

(i)(1)(i)(D) of this section are met.

(A) The construction of the group of

one or more TPPUs commenced after

March 29, 1995.

(B) The construction or

reconstruction, for process units that

have become TPPUs, commenced after

March 29, 1995.

(C) The group of one or more TPPUs

and associated equipment, as listed in

paragraph (a)(4) of this section, has the

potential to emit 10 tons per year or

more of any HAP or 25 tons per year or

more of any combination of HAP, and

the primary product of the group of one

or more TPPUs is currently produced at

the plant site as the primary product of

an affected source; or

(D) The primary product of the group

of one or more TPPUs is not currently

produced at the plant site as the primary

product of an affected source and the

plant site meets, or after the addition of

the group of one or more TPPUs and

associated equipment, as listed in

paragraph (a)(4) of this section, will

meet the definition of a major source.

(ii) If a group of one or more TPPUs

that produce the same primary product

is added to a plant site, and the group

of one or more TPPUs does not meet the

criteria specified in paragraph (i)(1)(i) of

this section, and the plant site meets, or

after the addition will meet, the

definition of a major source, the group

of one or more TPPUs and associated

equipment, as listed in paragraph (a)(4)

of this section, shall comply with the

requirements for an existing affected

source in this subpart upon initial startup; by June 19, 2001; or by 6 months

after notifying the Administrator that a

process unit has been designated as a

TPPU (in accordance with paragraph

(f)(3)(iii) of this section), whichever is

later.

(2) * * *

(i) If any components are replaced at

an existing affected source such that the

criteria specified in paragraphs

(i)(2)(i)(A) through (i)(2)(i)(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 19, 2000, whichever

is later, as provided in § 63.6(b), except

that new affected sources whose

primary product is poly(ethylene

terephthalate) (PET) shall be in

compliance with § 63.1331 upon initial

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38099

start-up or by February 27, 2001,

whichever is later.

(A) The replacement of components

meets the definition of reconstruction in

§ 63.1312(b); and

* * * * *

(ii) If any components are replaced at

an existing affected source such that the

criteria specified in paragraphs

(i)(2)(i)(A) through (i)(2)(i)(B) of this

section are not met, and that

replacement of components 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,

equipment leak components subject to

§ 63.1331, continuous process vents

subject to §§ 63.1316 through 63.1320,

heat exchange systems subject to

§ 63.1328, and process contact cooling

towers subject to § 63.1329), the

resulting emission point(s) shall be

subject to the applicable requirements

for an existing affected source. The

resulting emission points shall be in

compliance by 120 days after the date of

initial start-up or by the appropriate

compliance date specified in § 63.1311

(i.e., February 27, 1998 for most

equipment leak components subject to

§ 63.1331, June 19, 2001 for most

emission points other than equipment

leaks, and February 27, 2001 for process

contact cooling towers at sources that

produce PET as the primary product),

whichever is later.

(iii) If an addition or process change

(not including a process change that

solely replaces components) is made to

an existing affected source 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, equipment leak components

subject to § 63.1331, continuous process

vents subject to §§ 63.1316 through

63.1320, heat exchange systems subject

to § 63.1328, and process contact

cooling towers subject to § 63.1329), 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 120 days after the date of

initial start-up or by the appropriate

compliance date specified in § 63.1311

(i.e., February 27, 1998 for most

equipment leak components subject to

§ 63.1331, June 19, 2001 for most

emission points other than equipment

leaks, and February 27, 2001 for process

contact cooling towers at sources that

produce PET as their primary product),

whichever is later.

(iv) If any process change (not

including a process change that solely

replaces components) is made to an

existing affected source that results in

baseline emissions (i.e., emissions prior

to applying controls for purposes of

complying with this subpart) from

continuous process vents in the

collection of material recovery sections

within the affected source at an existing

affected source producing PET using a

continuous dimethyl terephthalate

process changing from less than or equal

to 0.12 kg organic HAP per Mg of

product to greater than 0.12 kg organic

HAP per Mg of product, the continuous

process vents shall be subject to the

applicable requirements for an existing

affected source. The resulting emission

point(s) shall be in compliance by 120

days after the date of initial start-up or

by June 19, 2001, whichever is later.

(3) Existing affected source

requirements for surge control vessels

and bottoms receivers that become

subject to subpart H requirements. If a

process change or addition of an

emission point causes a surge control

vessel or bottoms receiver to become

subject to § 63.170 under this paragraph

(i), the owner or operator shall be in

compliance upon initial start-up or by

June 19, 2001, whichever is later.

(4) Existing affected source

requirements for compressors that

become subject to the requirements of

subpart H of this part. If a process

change or the addition of an emission

point causes a compressor to become

subject to § 63.164 under this paragraph

(i), the owner or operator shall be in

compliance upon initial start-up or by

the compliance date for that compressor

as specified in § 63.1311(d)(1) through

(d)(4), whichever is later.

(5) Determining what are and are not

process changes. For purposes of

paragraph (i) of this section, examples of

process changes include, but are not

limited to, changes in feedstock type, or

process catalyst type, or the

replacement, removal, or addition of

recovery equipment, or equipment

changes that increase production

capacity. For purposes of paragraph (i)

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.

(6) Reporting requirements for owners

or operators that change or add to their

plant site or affected source. Owners or

operators that change or add to their

plant site or affected source, as

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

of this section, shall submit a report as

specified in § 63.1335(e)(7)(iv).

(j) Applicability of this subpart during

periods of start-up, shutdown,

malfunction, or non-operation.

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

section shall be followed during periods

of start-up, shutdown, malfunction, or

non-operation of the affected source or

any part thereof.

(1) The emission limitations set forth

in this subpart and the emission

limitations referred to in this subpart

shall apply at all times except during

periods of non-operation of the affected

source (or specific portion thereof)

resulting in cessation of the emissions to

which this subpart applies. The

emission limitations of this subpart and

the emission limitations referred to in

this subpart shall not apply during

periods of start-up, shutdown, or

malfunction, except as provided in

paragraphs (j)(3) and (j)(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

§ 63.1335(b)(1). However, if a start-up,

shutdown, malfunction, or period of

non-operation of one portion of an

affected source does not affect the

ability of a particular emission point to

comply with the emission limitations to

which it is subject, then that emission

point shall still be required to comply

with the applicable emission limitations

of this subpart during the start-up,

shutdown, malfunction, or period of

non-operation. For example, if there is

an overpressure in the reactor area, a

storage vessel that is part of the affected

source would still be required to be

controlled in accordance with the

emission limitations in § 63.1314.

Similarly, the degassing of a storage

vessel would not affect the ability of a

batch process vent to meet the emission

limitations of §§ 63.1321 through

63.1327.

(2) The emission limitations set forth

in subpart H of this part, as referred to

in § 63.1331, shall apply at all times

except during periods of non-operation

of the affected source (or specific

portion thereof) in which the lines are

drained and depressurized resulting in

cessation of the emissions to which

§ 63.1331 applies, or during periods of

start-up, shutdown, malfunction, or

process unit shutdown (as defined in

§ 63.161).

(3) The owner or operator shall not

shut down items of equipment that are

required or utilized for compliance with

this subpart during periods of start-up,

shutdown, or malfunction during times

when emissions (or, where applicable,

38100 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

wastewater streams or residuals) are

being routed to such items of

equipment, if the shutdown would

contravene requirements of this subpart

applicable to such items of equipment.

This paragraph (j)(3) does not apply if

the item of equipment is

malfunctioning. This paragraph also

does not apply if the owner or operator

shuts down the compliance equipment

(other than monitoring systems) to avoid

damage due to a contemporaneous startup, shutdown, or malfunction of the

affected source or portion thereof. If the

owner or operator has reason to believe

that monitoring equipment would be

damaged due to a contemporaneous

start-up, shutdown, or malfunction of

the affected source or portion thereof,

the owner or operator shall provide

documentation supporting such a claim

in the Precompliance Report or in a

supplement to the Precompliance

Report, as provided in § 63.1335(e)(3).

Once approved by the Administrator in

accordance with § 63.1335(e)(3)(viii),

the provision for ceasing to collect,

during a start-up, shutdown, or

malfunction, monitoring data that

would otherwise be required by the

provisions of this subpart must be

incorporated into the start-up,

shutdown, malfunction plan for that

affected source, as stated in

§ 63.1335(b)(1).

(4) During start-ups, shutdowns, and

malfunctions when the emission

limitations of this subpart do not apply

pursuant to paragraphs (j)(1) through

(j)(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. Back-up control devices are not

required, but may be used if available.

30. Section 63.1311 is amended by:

a. Revising the section title;

b. Revising paragraph (a);

c. Revising paragraph (b);

d. Revising paragraph (c);

e. Revising paragraph (d) introductory

text;

f. Revising paragraph (d)(1)

introductory text;

g. Revising paragraphs (d)(2) and

(d)(3);

h. Revising paragraphs (d)(5) and

(d)(6);

i. Revising paragraph (e) introductory

text;

j. Revising paragraph (h);

k. Revising paragraph (i)(1);

l. Revising paragraph (j);

m. Revising paragraph (l);

n. Revising paragraph (m);

o. Adding paragraph (e)(3);

p. Adding paragraph (i)(3);

q. Adding paragraph (n); and

r. Adding paragraph (o).

The revisions and additions read as

follows:

§ 63.1311 Compliance dates and

relationship of this subpart to existing

applicable rules.

(a) Affected sources are required to

achieve compliance on or before the

dates specified in paragraphs (b)

through (d) of this section. Paragraph (e)

of this section provides information on

requesting compliance extensions.

Paragraphs (f) through (n) of this section

discuss the relationship of this subpart

to subpart A of this part and to other

applicable rules. Where an override of

another authority of the Act is indicated

in this subpart, only compliance with

the provisions of this subpart is

required. Paragraph (o) of this section

specifies the meaning of time periods.

(b) New affected sources that

commence construction or

reconstruction after March 29, 1995

shall be in compliance with this subpart

upon initial start-up or by June 19, 2000,

whichever is later, except that new

affected sources whose primary product,

as determined using the procedures

specified in § 63.1310(f), is

poly(ethylene terephthalate) (PET) shall

be in compliance with § 63.1331 upon

initial start-up or February 27, 2001,

whichever is later.

(c) Existing affected sources shall be

in compliance with this subpart (except

for § 63.1331 for which compliance is

covered by paragraph (d) of this section)

no later than June 19, 2001, as provided

in § 63.6(c), unless an extension has

been granted as specified in paragraph

(e) of this section, except that the

compliance date for the provisions

contained in § 63.1329 is temporarily

extended to February 27, 2001, for

existing affected sources whose primary

product, as determined using the

procedures specified in 63.1310(f), is

PET using a continuous terephthalic

acid high viscosity multiple end finisher

process.

(d) Except as provided for in

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

section, existing affected sources shall

be in compliance with § 63.1331 no later

than June 19, 2001, unless an extension

has been granted pursuant to paragraph

(e) of this section.

(1) Compliance with the compressor

provisions of § 63.164 shall occur no

later than February 27, 1998, for any

compressor meeting one or more of the

criteria in paragraphs (d)(1)(i) through

(d)(1)(iv) of this section, if the work can

be accomplished without a process unit

shutdown:

* * * * *

(2) Compliance with the compressor

provisions of § 63.164 shall occur no

later than March 12, 1998 for any

compressor meeting all the criteria in

paragraphs (d)(2)(i) through (d)(2)(iv) of

this section:

(i) The compressor meets one or more

of the criteria specified in paragraphs

(d)(1)(i) through (d)(1)(iv) of this

section;

(ii) The work can be accomplished

without a process unit shutdown ;

(iii) The additional time is actually

necessary due to the unavailability of

parts beyond the control of the owner or

operator; and

(iv) The owner or operator submits

the request for a compliance extension

to the appropriate Environmental

Protection Agency (EPA) Regional

Office at the address listed in § 63.13 no

later than June 16, 1997. The request for

a compliance extension shall contain

the information specified in

§ 63.6(i)(6)(i)(A), (B), and (D). Unless the

EPA Regional Office objects to the

request for a compliance extension

within 30 days after receipt of the

request, the request shall be deemed

approved.

(3) If compliance with the compressor

provisions of § 63.164 cannot reasonably

be achieved without a process unit

shutdown, the owner or operator shall

achieve compliance no later than

September 12, 1998. The owner or

operator who elects to use this provision

shall submit a request for a compliance

extension in accordance with the

requirements of paragraph (d)(2)(iv) of

this section.

* * * * *

(5) Compliance with the provisions of

§ 63.170 shall occur no later than June

19, 2001.

(6) Notwithstanding paragraphs (d)(1)

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

affected sources whose primary product,

as determined using the procedures

specified in § 63.1310(f), is PET shall be

in compliance with § 63.1331 no later

than February 27, 2001.

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

the Act, an owner or operator may

request an extension allowing the

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38101

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,

except as provided in paragraph (e)(3) of

this section. The dates specified in

§ 63.6(i) for submittal of requests for

extensions shall not apply to this

subpart.

* * * * *

(3) An owner or operator may submit

a compliance extension request after the

date specified in paragraph (e) of this

section, provided that the need for the

compliance extension arose after that

date, and the need arose due to

circumstances beyond reasonable

control of the owner or operator. This

request shall include, in addition to the

information specified in paragraph (e)(1)

of this section, a statement of the

reasons additional time is needed and

the date when the owner or operator

first learned of the circumstances

necessitating a request for compliance

extension under this paragraph (e)(3).

* * * * *

(h) After the compliance dates

specified in this section, a storage vessel

that is assigned to an affected source

subject to this subpart and that is also

subject to the provisions of 40 CFR part

60, subpart Kb, is required to comply

only with the provisions of this subpart.

After the compliance dates specified in

this section, said storage vessel shall no

longer be subject to 40 CFR part 60,

subpart Kb.

(i)(1) Except as provided in

paragraphs (i)(2) and (i)(3) of this

section, after the compliance dates

specified in this section, affected

sources producing PET using a

continuous terephthalic acid process,

producing PET using a continuous

dimethyl terephthalate process, or

producing polystyrene resin using a

continuous process subject to this

subpart that are also subject to the

provisions of 40 CFR part 60, subpart

DDD, are required to comply only with

the provisions of this subpart. After the

compliance dates specified in this

section, said sources shall no longer be

subject to 40 CFR part 60, subpart DDD.

* * * * *

(3) Existing affected sources

producing PET using a continuous

terephthalic acid process, but not using

a continuous terephthalic acid high

viscosity multiple end finisher process,

that are subject to and complying with

40 CFR 60.562–1(c)(2)(ii)(B) shall

continue to comply with said section.

Existing affected sources producing PET

using a continuous dimethyl

terephthalic process that are subject to

and complying with 40 CFR 60.562–

1(c)(1)(ii)(B) shall continue to comply

with said section.

(j) Owners or operators of affected

sources subject to this subpart that are

also subject to the provisions of subpart

Q of this part shall comply with both

subparts.

* * * * *

(l) After the compliance dates

specified in this section, a distillation

operation that is assigned to an affected

source subject to this subpart that is also

subject to the provisions of 40 CFR part

60, subpart NNN, is required to comply

only with the provisions of this subpart.

After the compliance dates specified in

this section, the distillation operation

shall no longer be subject to 40 CFR part

60, subpart NNN.

(m) Applicability of other regulations

for monitoring, recordkeeping or

reporting with respect to combustion

devices, recovery devices, or recapture

devices. After the compliance dates

specified in this subpart, if any

combustion device, recovery device or

recapture device subject to this subpart

is also subject to monitoring,

recordkeeping, and reporting

requirements in 40 CFR part 264 subpart

AA or CC, or is subject to monitoring

and recordkeeping requirements in 40

CFR part 265 subpart AA or CC and the

owner or operator complies with the

periodic reporting requirements under

40 CFR part 264 subpart AA or CC that

would apply to the device if the facility

had final-permitted status, the owner or

operator may elect to comply either

with the monitoring, recordkeeping and

reporting requirements of this subpart,

or with the monitoring, recordkeeping

and reporting requirements in 40 CFR

parts 264 and/or 265, as described in

this paragraph, which shall constitute

compliance with the monitoring,

recordkeeping and reporting

requirements of this subpart. The owner

or operator shall identify which option

has been selected in the Notification of

Compliance Status required by

§ 63.1335(e)(5).

(n) Applicability of other

requirements for heat exchange systems

or waste management units. Paragraphs

(n)(1) and (n)(2) of this section address

instances in which certain requirements

from other regulations also apply for the

same heat exchange system(s) or waste

management unit(s) that are subject to

this subpart.

(1) After the applicable compliance

date specified in this subpart, if a heat

exchange system subject to this subpart

is also subject to a standard identified

in paragraphs (n)(1)(i) or (ii) of this

section, compliance with the applicable

provisions of the standard identified in

paragraphs (n)(1)(i) or (ii) of this section

shall constitute compliance with the

applicable provisions of this subpart

with respect to that heat exchange

system.

(i) Subpart F of this part.

(ii) A subpart of this part which

requires compliance with § 63.104 (e.g.,

subpart U of this part).

(2) After the applicable compliance

date specified in this subpart, if any

waste management unit subject to this

subpart is also subject to a standard

identified in paragraph (n)(2)(i) or (ii) of

this section, compliance with the

applicable provisions of the standard

identified in paragraph (n)(2)(i) or (ii) of

this section shall constitute compliance

with the applicable provisions of this

subpart with respect to that waste

management unit.

(i) Subpart G of this part.

(ii) A subpart of this part which

requires compliance with §§ 63.132

through 63.147.

(o) All terms in this subpart that

define a period of time for completion

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

quarterly, annual), unless specified

otherwise in the section or paragraph

that imposes the requirement, refer to

the standard calendar periods.

(1) Notwithstanding time periods

specified in this subpart for completion

of required tasks, such time periods may

be changed by mutual agreement

between the owner or operator and the

Administrator, as specified in subpart A

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

on the compliance date or another date,

rather than on the first day of the

standard calendar period). For each time

period that is changed by agreement, the

revised period shall remain in effect

until it is changed. A new request is not

necessary for each recurring period.

(2) Where the period specified for

compliance is a standard calendar

period, if the initial compliance date

occurs after the beginning of the period,

compliance shall be required according

to the schedule specified in paragraphs

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

appropriate.

(i) Compliance shall be required

before the end of the standard calendar

period within which the compliance

deadline occurs, if there remain at least

3 days for tasks that must be performed

38102 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

weekly, at least 2 weeks for tasks that

must be performed monthly, at least 1

month for tasks that must be performed

each quarter, or at least 3 months for

tasks that must be performed annually;

or

(ii) In all other cases, compliance

shall be required before the end of the

first full standard calendar period after

the period within which the initial

compliance deadline occurs.

(3) In all instances where a provision

of this subpart requires completion of a

task during each of multiple successive

periods, an owner or operator may

perform the required task at any time

during the specified period, provided

that the task is conducted at a

reasonable interval after completion of

the task during the previous period.

31. Section 63.1312 is amended by:

a. Revising paragraph (a);

b. Amending paragraph (b) by revising

the definitions for ‘‘Acrylonitrile

butadiene styrene latex resin (ABS

latex),’’ ‘‘Aggregate batch vent stream,’’

‘‘Batch cycle,’’ ‘‘Batch process,’’ ‘‘Batch

process vent,’’ ‘‘Batch unit operation,’’

‘‘Continuous process,’’ ‘‘Continuous

process vent,’’ ‘‘Continuous unit

operation,’’ ‘‘Control device,’’ ‘‘Emission

point,’’ ‘‘Emulsion process,’’ ‘‘Group 1

batch process vent,’’ ‘‘Heat exchange

system,’’ ‘‘Maintenance wastewater,’’

‘‘Mass process,’’ ‘‘Material recovery

section,’’ ‘‘Organic hazardous air

pollutant(s) (organic HAP),’’

‘‘Polymerization reaction section,’’

‘‘Process unit,’’ ‘‘Process vent,’’

‘‘Product,’’ ‘‘Raw materials preparation

section,’’ ‘‘Recovery operations

equipment,’’ ‘‘Steady-state conditions,’’

‘‘Storage vessel,’’ ‘‘Supplemental

combustion air,’’ ‘‘Suspension process,’’

and ‘‘Thermoplastic product process

unit (TPPU),’’;

c. Amending paragraph (b) by

removing the definitions of ‘‘Average

flow rate,’’ ‘‘Solid state polymerization

unit,’’ and ‘‘Year,’’; and

d. Amending paragraph (b) by adding

definitions for the terms ‘‘Annual

average batch vent concentration,’’

‘‘Annual average batch vent flow rate,’’

‘‘Annual average concentration,’’

‘‘Annual average flow rate,’’ ‘‘Average

batch vent concentration,’’ ‘‘Average

batch vent flow rate,’’ ‘‘Batch mass

input limitation,’’ ‘‘Batch mode,’’

‘‘Combined vent stream,’’

‘‘Construction,’’ ‘‘Continuous mode,’’

‘‘Continuous record,’’ ‘‘Continuous

recorder,’’ ‘‘Equipment,’’ ‘‘Existing

affected source,’’ ‘‘Existing process

unit,’’ ‘‘Flexible operation unit,’’ ‘‘Group

1 wastewater stream’’ ‘‘Group 2

wastewater stream,’’ ‘‘Highest- HAP

recipe,’’ ‘‘Initial start-up,’’ ‘‘Maximum

true vapor pressure,’’ ‘‘Multicomponent

system,’’ ‘‘New affected source,’’ ‘‘New

process unit,’’ ‘‘On-site or On site,’’

‘‘Operating day,’’ ‘‘Recipe,’’

‘‘Reconstruction,’’ ‘‘Recovery device,’’

‘‘Residual,’’ ‘‘Shutdown,’’ ‘‘Solid state

polymerization process,’’ ‘‘Start-up,’’

‘‘Total resource effectiveness index

value or TRE index value,’’ ‘‘Vent

stream,’’ ‘‘Waste management unit,’’

‘‘Wastewater,’’ and ‘‘Wastewater

stream.’’

The revisions and additions read as

follows:

§ 63.1312 Definitions.

(a) The following terms used in this

subpart shall have the meaning given

them in § 63.2, § 63.101, § 63.111,

§ 63.161, or the Act, as specified after

each term:

Act (§ 63.2)

Administrator (§ 63.2)

Automated monitoring and recording

system (§ 63.111)

Boiler (§ 63.111)

Bottoms receiver (§ 63.161)

By compound (§ 63.111)

By-product (§ 63.101)

Car-seal (§ 63.111)

Closed-vent system (§ 63.111)

Combustion device (§ 63.111)

Commenced (§ 63.2)

Compliance date (§ 63.2)

Connector (§ 63.161)

Continuous monitoring system (§ 63.2)

Distillation unit (§ 63.111)

Duct work (§ 63.161)

Emission limitation (Section 302(k) of

the Act)

Emission standard (§ 63.2)

Emissions averaging (§ 63.2)

EPA (§ 63.2)

Equipment leak (§ 63.101)

External floating roof (§ 63.111)

Fill or filling (§ 63.111)

First attempt at repair (§ 63.161)

Fixed capital cost (§ 63.2)

Flame zone (§ 63.111)

Floating roof (§ 63.111)

Flow indicator (§ 63.111)

Fuel gas system (§ 63.101)

Halogens and hydrogen halides

(§ 63.111)

Hard-piping (§ 63.111)

Hazardous air pollutant (§ 63.2)

Impurity (§ 63.101)

In organic hazardous air pollutant

service or in organic HAP service

(§ 63.161)

Incinerator (§ 63.111)

Instrumentation system (§ 63.161)

Internal floating roof (§ 63.111)

Lesser quantity (§ 63.2)

Major source (§ 63.2)

Malfunction (§ 63.2)

Oil-water separator or organic-water

separator (§ 63.111)

Open-ended valve or line (§ 63.161)

Operating permit (§ 63.101)

Organic monitoring device (§ 63.111)

Owner or operator (§ 63.2)

Performance evaluation (§ 63.2)

Performance test (§ 63.2)

Permitting authority (§ 63.2)

Plant site (§ 63.101)

Potential to emit (§ 63.2)

Pressure release (§ 63.161)

Primary fuel (§ 63.111)

Process heater (§ 63.111)

Process unit shutdown (§ 63.161)

Process wastewater (§ 63.101)

Process wastewater stream (§ 63.111)

Reactor (§ 63.111)

Recapture device (§ 63.101)

Repaired (§ 63.161)

Research and development facility

(§ 63.101)

Routed to a process or route to a process

(§ 63.161)

Run (§ 63.2)

Secondary fuel (§ 63.111)

Sensor (§ 63.161)

Specific gravity monitoring device

(§ 63.111)

Start-up, shutdown, and malfunction

plan (§ 63.101)

State (§ 63.2)

Stationary Source (§ 63.2)

Surge control vessel (§ 63.161)

Temperature monitoring device

(§ 63.111)

Test method (§ 63.2)

Treatment process (§ 63.111)

Unit operation (§ 63.101)

Visible emission (§ 63.2)

(b) * * *

Acrylonitrile butadiene styrene latex

resin (ABS latex) means ABS produced

through an emulsion process; however,

the product is not coagulated or dried as

typically occurs in an emulsion process.

* * * * *

Aggregate batch vent stream means a

gaseous emission stream containing

only the exhausts from two or more

batch process vents that are ducted,

hardpiped, or otherwise connected

together for a continuous flow .

* * * * *

Annual average batch vent

concentration is determined using

Equation 1, as described in

§ 63.1323(h)(2) for halogenated

compounds.

Annual average batch vent flow rate

is determined by the procedures in

§ 63.1323(e)(3).

Annual average concentration, as

used in the wastewater provisions,

means the flow-weighted annual

average concentration, as determined

according to the procedures specified in

§ 63.144(b), with the exceptions noted

in § 63.1330, for the purposes of this

subpart.

Annual average flow rate, as used in

the wastewater provisions, means the

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38103

annual average flow rate, as determined

according to the procedures specified in

§ 63.144(c), with the exceptions noted in

§ 63.1330, for the purposes of this

subpart.

Average batch vent concentration is

determined by the procedures in

§ 63.1323(b)(5)(iii) for HAP

concentrations and is determined by the

procedures in § 63.1323(h)(1)(iii) for

organic compounds containing halogens

and hydrogen halides.

Average batch vent flow rate is

determined by the procedures in

§ 63.1323(e)(1) and (e)(2).

* * * * *

Batch cycle means the operational

step or steps, from start to finish, that

occur as part of a batch unit operation.

* * * * *

Batch mass input limitation means an

enforceable restriction on the total mass

of HAP or material that can be input to

a batch unit operation in one year.

Batch mode means the discontinuous

bulk movement of material through a

unit operation. Mass, temperature,

concentration, and other properties may

vary with time. For a unit operation

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

unit operation), the addition of material

and withdrawal of material do not

typically occur simultaneously.

Batch process means, for the purposes

of this subpart, a process where the

reactor(s) is operated in a batch mode.

Batch process vent means a process

vent with annual organic HAP

emissions greater than 225 kilograms

per year from a batch unit operation

within an affected source. Annual

organic HAP emissions are determined

as specified in § 63.1323(b) at the

location specified in § 63.1323(a)(2).

Batch unit operation means a unit

operation operated in a batch mode.

Combined vent stream, as used in

reference to batch process vents,

continuous process vents, and aggregate

batch vent streams, means the emissions

from a combination of two or more of

the aforementioned types of process

vents. The primary occurrence of a

combined vent stream is the combined

emissions from a continuous process

vent and a batch process vent.

* * * * *

Construction means the on-site

fabrication, erection, or installation of

an affected source. Construction also

means the on-site fabrication, erection,

or installation of a process unit or

combination of process units which

subsequently becomes an affected

source or part of an affected source, due

to a change in primary product.

Continuous mode means the

continuous movement of material

through a unit operation. Mass,

temperature, concentration, and other

properties typically approach steadystate conditions. For a unit operation

operated in a continuous mode (i.e.,

continuous unit operation), the

simultaneous addition of raw material

and withdrawal of product is typical.

Continuous process means, for the

purposes of this subpart, a process

where the reactor(s) is operated in a

continuous mode.

Continuous process vent means a

process vent containing greater than

0.005 weight percent total organic HAP

from a continuous unit operation within

an affected source. The total organic

HAP weight percent is determined after

the last recovery device, as described in

§ 63.115(a), and is determined as

specified in § 63.115(c).

Continuous record means

documentation, either in hard copy or

computer readable form, of data values

measured at least once every 15 minutes

and recorded at the frequency specified

in § 63.1335(d) or § 63.1335(h).

Continuous recorder means a data

recording device that either records an

instantaneous data value at least once

every 15 minutes or records 1-hour or

more frequent block average values.

Continuous unit operation means a

unit operation operated in a continuous

mode.

Control device is defined in § 63.111,

except that the term ‘‘continuous

process vents subject to § 63.1315’’ shall

apply instead of the term ‘‘process

vents,’’ for the purpose of this subpart.

* * * * *

Emission point means an individual

continuous process vent, batch process

vent, storage vessel, waste management

unit, equipment leak, heat exchange

system, or process contact cooling

tower, or equipment subject to § 63.149.

Emulsion process means a process

where the monomer(s) is dispersed in

droplets throughout the water phase

with the aid of an emulsifying agent

such as soap or a synthetic emulsifier.

The polymerization occurs either within

the emulsion droplet or in the aqueous

phase.

Equipment means, for the purposes of

the provisions in § 63.1331 and the

requirements in subpart H that are

referred to in § 63.1331, each pump,

compressor, agitator, pressure relief

device, sampling connection system,

open-ended valve or line, valve,

connector, surge control vessel, bottoms

receiver, and instrumentation system in

organic hazardous air pollutant service;

and any control devices or systems

required by subpart H of this part.

Existing affected source is defined in

§ 63.1310(a)(3).

Existing process unit means any

process unit that is not a new process

unit.

* * * * *

Flexible operation unit means a

process unit that manufactures different

chemical products, polymers, or resins

periodically by alternating raw materials

or operating conditions. These units are

also referred to as campaign plants or

blocked operations.

Group 1 batch process vent means a

batch process vent releasing annual

organic HAP emissions greater than the

level specified in § 63.1323(d) and with

a cutoff flow rate, calculated in

accordance with § 63.1323(f), greater

than or equal to the annual average

batch vent flow rate. Annual organic

HAP emissions and annual average

batch vent flow rate are determined at

the exit of the batch unit operation, as

described in § 63.1323(a)(2). Annual

organic HAP emissions are determined

as specified in § 63.1323(b), and annual

average batch vent flow rate is

determined as specified in § 63.1323(e).

* * * * *

Group 1 wastewater stream means a

wastewater stream consisting of process

wastewater from an existing or new

affected source that meets the criteria

for Group 1 status in § 63.132(c) and/or

that meets the criteria for Group 1 status

in § 63.132(d), with the exceptions

listed in § 63.1330(b)(8) for the purposes

of this subpart (i.e., for organic HAP

listed on Table 6 of this subpart only).

Group 2 wastewater stream means any

process wastewater stream that does not

meet the definition of a Group 1

wastewater stream.

* * * * *

Heat exchange system means any

cooling tower system or once-through

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

water) designed and intended to operate

to not allow contact between the cooling

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

a noncontact system). A heat exchange

system can include more than one heat

exchanger and can include recirculating

or once-through cooling systems.

Highest-HAP recipe for a product

means the recipe of the product with the

highest total mass of HAP charged to the

reactor during the production of a single

batch of product.

Initial start-up means the first time a

new or reconstructed affected source

begins production of a thermoplastic

product, or, for equipment added or

changed as described in § 63.1310(i), the

first time the equipment is put into

operation to produce a thermoplastic

product. Initial start-up does not

include operation solely for testing

equipment. Initial start-up does not

38104 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

include subsequent start-ups of an

affected source or portion thereof

following malfunctions or shutdowns or

following changes in product for

flexible operation units or following

recharging of equipment in batch

operation. Further, for purposes of

§ 63.1311 and § 63.1331, initial start-up

does not include subsequent start-ups of

affected sources or portions thereof

following malfunctions or process unit

shutdowns.

Maintenance wastewater is defined in

§ 63.101, except that the term

‘‘thermoplastic product process unit’’

shall apply wherever the term

‘‘chemical manufacturing process unit’’

is used. Further, the generation of

wastewater from the routine rinsing or

washing of equipment in batch

operation between batches is not

maintenance wastewater, but is

considered to be process wastewater, for

the purposes of this subpart.

Mass process means a polymerization

process carried out through the use of

thermal energy. Mass processes do not

utilize emulsifying or suspending

agents, but may utilize catalysts or other

additives.

Material recovery section means, for

PET plants, the equipment that recovers

by-product methanol from any process

section for use, reuse, or sale, or the

equipment that separates materials

containing by-product methanol from

any process section for off-site

purification or treatment with the intent

to recover methanol for reuse. For

polystyrene plants, material recovery

section means the equipment that

recovers unreacted styrene from any

process section for use, reuse, or sale, or

the equipment that separates materials

containing unreacted styrene from any

process section for off-site purification

or treatment with the intent to recover

styrene for reuse. Equipment used to

store recovered materials (i.e., ethylene

glycol, methanol, or styrene) is not

included. Equipment designed to

recover or separate materials from the

polymer product is to be included in

this process section, provided that at the

time of initial compliance some of the

unreacted or by-product material is

recovered for return to the TPPU, or

sale, or provided that some of the

separated material is sent for off-site

purification or treatment with the intent

to recover the unreacted or by-product

material for reuse. Otherwise, such

equipment is to be assigned to one of

the other process sections, as

appropriate. If equipment is used to

recover unreacted or by-product

material and return it directly to the

same piece of process equipment from

which it was emitted, then that recovery

equipment is considered part of the

process section that contains the process

equipment. On the other hand, if

equipment is used to recover unreacted

or by-product material and return it to

a different piece of process equipment

in the same process section, that

recovery equipment is considered part

of a material recovery section.

Equipment used for the on-site recovery

of ethylene glycol from PET plants,

however, is not included in the material

recovery section; such equipment is to

be included in the polymerization

reaction section. Equipment used for the

on-site recovery of both ethylene glycol

and any other materials from PET plants

is not included in the material recovery

section; this equipment is to be

included in the polymerization reaction

section. Such equipment includes both

contact and non-contact condensers

removing ethylene glycol from vapor

streams coming out of polymerization

vessels.

Maximum true vapor pressure is

defined in § 63.111, except that the

terms ‘‘transfer’’ or ‘‘transferred’’ shall

not apply for purposes of this subpart.

* * * * *

Multicomponent system means, as

used in conjunction with batch process

vents, a stream whose liquid and/or

vapor contains more than one

compound.

New process unit means a process

unit for which the construction or

reconstruction commenced after March

29, 1995.

* * * * *

On-site or On site means, with respect

to records required to be maintained by

this subpart or required by another

subpart referenced by this subpart, that

records are stored at a location within

a major source which encompasses the

affected source. On-site includes, but is

not limited to, storage at the affected

source or TPPU to which the records

pertain, or storage in central files

elsewhere at the major source.

Operating day means the period

defined by the owner or operator in the

Notification of Compliance Status

required by § 63.1335(e)(5). The

operating day is the period for which

daily average monitoring values and

batch cycle daily average monitoring

values are determined.

Organic hazardous air pollutant(s)

(organic HAP) means one or more of the

chemicals listed in Table 6 of this

subpart or any other chemical which is:

(1) Knowingly produced or

introduced into the manufacturing

process other than as an impurity; and

(2) Listed in Table 2 of subpart F of

this part.

* * * * *

Polymerization reaction section

means the equipment designed to cause

monomer(s) to react to form polymers,

including equipment designed primarily

to cause the formation of short polymer

chains (e.g., oligomers or low molecular

weight polymers), but not including

equipment designed to prepare raw

materials for polymerization (e.g.,

esterification vessels). For the purposes

of these standards, the polymerization

reaction section begins with the

equipment used to transfer the materials

from the raw materials preparation

section and ends with the last vessel in

which polymerization occurs.

Equipment used for the on-site recovery

of ethylene glycol from PET plants is

included in this process section, rather

than in the material recovery process

section.

* * * * *

Process unit means a collection of

equipment assembled and connected by

hardpiping or duct work, used to

process raw materials and to

manufacture a product.

Process vent means a gaseous

emission stream from a unit operation

that is discharged to the atmosphere

either directly or after passing through

one or more control, recovery, or

recapture devices. Unit operations that

may have process vents are condensers,

distillation units, reactors, or other unit

operations within the TPPU. Process

vents exclude pressure releases, gaseous

streams routed to a fuel gas system(s),

and leaks from equipment regulated

under § 63.1331. A gaseous emission

stream is no longer considered to be a

process vent after the stream has been

controlled and monitored in accordance

with the applicable provisions of this

subpart.

Product means a polymer produced

using the same monomers and varying

in additives (e.g., initiators, terminators,

etc.); catalysts; or in the relative

proportions of monomers, that is

manufactured by a process unit. With

respect to polymers, more than one

recipe may be used to produce the same

product. As an example, styrene

acrylonitrile resin and methyl

methacrylate butadiene styrene resin

each represent a different product.

Product also means a chemical that is

not a polymer, that is manufactured by

a process unit. By-products, isolated

intermediates, impurities, wastes, and

trace contaminants are not considered

products.

Raw materials preparation section

means the equipment at a polymer

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38105

manufacturing plant designed to

prepare raw materials, such as

monomers and solvents, for

polymerization. For the purposes of the

standards in this subpart, this process

section includes the equipment used to

transfer raw materials from storage and/

or the equipment used to transfer

recovered material from the material

recovery process sections to the raw

material preparation section, and ends

with the last piece of equipment that

prepares the material for

polymerization. The raw materials

preparation section may include

equipment that is used to purify, dry, or

otherwise treat raw materials or raw and

recovered materials together; to activate

catalysts; or to promote esterification

including the formation of some short

polymer chains (oligomers). The raw

materials preparation section does not

include equipment that is designed

primarily to accomplish the formation

of oligomers, the treatment of recovered

materials alone, or the storage of raw or

recovered materials.

Recipe means a specific composition,

from among the range of possible

compositions that may occur within a

product, as defined in this section. A

recipe is determined by the proportions

of monomers and, if present, other

reactants and additives that are used to

make the recipe. For example,

acrylonitrile butadiene styrene latex

resin (ABS latex) without additives;

ABS latex with an additive; and ABS

latex with different proportions of

acrylonitrile to butadiene are all

different recipes of the same product,

ABS latex.

Reconstruction means the addition of

new components or the replacement of

existing components at an affected

source or at a previously unaffected

stationary source that becomes an

affected source as a result of the change,

to such an extent that:

(1) The fixed capital cost of the new

components exceeds 50 percent of the

fixed capital cost that would be required

to construct a comparable affected new

source; and

(2) It is technologically and

economically feasible for the

reconstructed source to meet the

provisions of this subpart.

Recovery device means:

(1) An individual unit of equipment

capable of and normally used for the

purpose of recovering chemicals for:

(i) Use;

(ii) Reuse;

(iii) Fuel value (i.e., net heating

value); or

(iv) For sale for use, reuse, or fuel

value (i.e., net heating value).

(2) Examples of equipment that may

be recovery devices include absorbers,

carbon adsorbers, condensers, oil-water

separators or organic-water separators,

or organic removal devices such as

decanters, strippers, or thin-film

evaporation units. For the purposes of

the monitoring, recordkeeping, or

reporting requirements of this subpart,

recapture devices are considered

recovery devices.

Recovery operations equipment

means the equipment used to separate

the components of process streams.

Recovery operations equipment

includes distillation units, condensers,

etc. Equipment used for wastewater

treatment and recovery or recapture

devices used as control devices shall not

be considered recovery operations

equipment.

Residual is defined in § 63.111, except

that when the definition in § 63.111

uses the term ‘‘Table 9 compounds,’’ the

term ‘‘organic HAP listed in Table 6 of

subpart JJJ’’ shall apply for purposes of

this subpart.

Shutdown means for purposes

including, but not limited to, periodic

maintenance, replacement of

equipment, or repair, the cessation of

operation of an affected source, a

TPPU(s) within an affected source, a

waste management unit or unit

operation within an affected source, or

equipment required or used to comply

with this subpart, or the emptying or

degassing of a storage vessel. For

purposes of the wastewater provisions

of § 63.1330, shutdown does not include

the routine rinsing or washing of

equipment in batch operation between

batches. For purposes of the batch

process vent provisions in §§ 63.1321

through 63.1327, the cessation of

equipment in batch operation is not a

shutdown, unless the equipment

undergoes maintenance, is replaced, or

is repaired.

Solid state polymerization process

means a unit operation which, through

the application of heat, furthers the

polymerization (i.e., increases the

intrinsic viscosity) of polymer chips.

Start-up means the setting into

operation of an affected source, a

TPPU(s) within an affected source, a

waste management unit or unit

operation within an affected source, or

equipment required or used to comply

with this subpart, or a storage vessel

after emptying and degassing. For both

continuous and batch processes, startup includes initial start-up and

operation solely for testing equipment.

For both continuous and batch

processes, start-up does not include the

recharging of equipment in batch

operation. For continuous processes,

start-up includes transitional conditions

due to changes in product for flexible

operation units. For batch processes,

start-up does not include transitional

conditions due to changes in product for

flexible operation units.

Steady-state conditions means that all

variables (temperatures, pressures,

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

not vary significantly with time; minor

fluctuations about constant mean values

may occur.

Storage vessel means a tank or other

vessel that is used to store liquids that

contain one or more organic HAP.

Storage vessels do not include:

(1) Vessels permanently attached to

motor vehicles such as trucks, railcars,

barges, or ships;

(2) Pressure vessels designed to

operate in excess of 204.9 kilopascals

and without emissions to the

atmosphere;

(3) Vessels with capacities smaller

than 38 cubic meters;

(4) Vessels and equipment storing

and/or handling material that contains

no organic HAP and/or organic HAP as

impurities only;

(5) Wastewater storage tanks; and

(6) Surge control vessels and bottoms

receivers.

* * * * *

Supplemental combustion air means

the air that is added to a vent stream

after the vent stream leaves the unit

operation. Air that is part of the vent

stream as a result of the nature of the

unit operation is not considered

supplemental combustion air. Air

required to operate combustion device

burner(s) is not considered

supplemental combustion air. Air

required to ensure the proper operation

of catalytic oxidizers, to include the

intermittent addition of air upstream of

the catalyst bed to maintain a minimum

threshold flow rate through the catalyst

bed or to avoid excessive temperatures

in the catalyst bed, is not considered to

be supplemental combustion air.

Suspension process means a

polymerization process where the

monomer(s) is in a state of suspension,

with the help of suspending agents, in

a medium other than water (typically an

organic solvent). The resulting polymers

are not soluble in the reactor medium.

.

* * * * *

Thermoplastic product process unit

(TPPU) means a collection of equipment

assembled and connected by hardpiping or ductwork, used to process raw

materials and to manufacture a

thermoplastic product as its primary

product. This collection of equipment

includes unit operations; recovery

38106 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

operations equipment, process vents;

equipment identified in § 63.149;

storage vessels, as determined in

§ 63.1310(g); and the equipment that is

subject to the equipment leak provisions

as specified in § 63.1331. Utilities, lines

and equipment not containing process

fluids, and other non-process lines, such

as heating and cooling systems which

do not combine their materials with

those in the processes they serve, are

not part of the thermoplastic product

process unit. A thermoplastic product

process unit consists of more than one

unit operation.

* * * * *

Total resource effectiveness index

value or TRE index value means a

measure of the supplemental total

resource requirement per unit reduction

organic HAP associated with a

continuous process vent stream, based

on vent stream flow rate, emission rate

of organic HAP, net heating value, and

corrosion properties (whether or not the

continuous process vent stream contains

halogenated compounds), as quantified

by the equations given under § 63.115.

Vent stream, as used in reference to

batch process vents, continuous process

vents, and aggregate batch vent streams,

means the emissions from one or more

process vents.

Waste management unit is defined in

§ 63.111, except that where the

definition in § 63.111 uses the term

‘‘chemical manufacturing process unit,’’

the term ‘‘TPPU’’ shall apply for

purposes of this subpart.

Wastewater means water that:

(1) Contains either:

(i) An annual average concentration of

organic HAP listed on Table 6 of this

subpart, except for ethylene glycol, of at

least 5 parts per million by weight and

has an annual average flow rate of 0.02

liter per minute or greater; or

(ii) An annual average concentration

of organic HAP listed on Table 6 of this

subpart, except for ethylene glycol, of at

least 10,000 parts per million by weight

at any flow rate; and

(2) Is discarded from a TPPU that is

part of an affected source. Wastewater is

process wastewater or maintenance

wastewater.

Wastewater stream means a stream

that contains wastewater as defined in

this section.

32. Section 63.1313 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraph (a)(2);

c. Revising paragraph (b);

d. Revising paragraph (c); and

e. Adding paragraph (d).

The revisions and additions read as

follows:

§ 63.1313 Emission standards.

(a) Except as allowed under

paragraphs (b) through (d) of this

section, the owner or operator of an

existing or new affected source shall

comply with the provisions in:

* * * * *

(2) Section 63.1315, or §§ 63.1316

through 63.1320, as appropriate, for

continuous process vents;

* * * * *

(b) When emissions of different kinds

(i.e., emissions from continuous process

vents subject to either § 63.1315 or

§§ 63.1316 through 63.1320, batch

process vents, aggregate batch vent

streams, storage vessels, process

wastewater, and/or in-process

equipment subject to § 63.149) are

combined, and at least one of the

emission streams would be classified as

Group 1 in the absence of combination

with other emission streams, the owner

or operator shall comply with the

requirements of either paragraph (b)(1)

or (b)(2) of this section, as appropriate.

For purposes of this paragraph (b),

combined emission streams containing

one or more batch process vents and

containing one or more continuous

process vents subject to § 63.1315,

§ 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii),

§ 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or

§ 63.1316(c)(1), excluding

§ 63.1316(c)(1)(ii), may comply with

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

section, as appropriate. For purposes of

this paragraph (b), the owner or operator

of an affected source with combined

emission streams containing one or

more batch process vents but not

containing one or more continuous

process vents subject to § 63.1315,

§ 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii),

§ 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or

§ 63.1316(c)(1), excluding

§ 63.1316(c)(1)(ii), shall comply with

paragraph (b)(3) of this section.

(1) Comply with the applicable

requirements of this subpart for each

kind of emission in the stream as

specified in paragraphs (a)(1) through

(a)(7) of this section.

(2) Comply with the first set of

requirements, identified in paragraphs

(b)(2)(i) through (b)(2)(vi) of this section,

which applies to any individual

emission stream that is included in the

combined stream, where either that

emission stream would be classified as

Group 1 in the absence of combination

with other emission streams, or the

owner or operator chooses to consider

that emission stream to be Group 1 for

purposes of this paragraph. Compliance

with the first applicable set of

requirements identified in paragraphs

(b)(2)(i) through (b)(2)(vi) of this section

constitutes compliance with all other

requirements in paragraphs (b)(2)(i)

through (b)(2)(vi) of this section

applicable to other types of emissions in

the combined stream.

(i) The requirements of this subpart

for Group 1 continuous process vents

subject to § 63.1315, including

applicable monitoring, recordkeeping,

and reporting;

(ii) The requirements of

§ 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii),

§ 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or

§ 63.1316(c)(1), excluding

§ 63.1316(c)(1)(ii), as appropriate, for

control of emissions from continuous

process vents subject to the control

requirements of § 63.1316, including

applicable monitoring, recordkeeping,

and reporting requirements;

(iii) The requirements of § 63.119(e),

as specified in § 63.1314, for control of

emissions from Group 1 storage vessels,

including applicable monitoring,

recordkeeping, and reporting;

(iv) The requirements of § 63.139, as

specified in § 63.1330, for control

devices used to control emissions from

waste management units, including

applicable monitoring, recordkeeping,

and reporting;

(v) The requirements of § 63.139, as

specified in § 63.1330, for closed vent

systems for control of emissions from

in-process equipment subject to

§ 63.149, as specified in § 63.1330,

including applicable monitoring,

recordkeeping, and reporting; or

(vi) The requirements of this subpart

for aggregate batch vent streams subject

to § 63.1321(c), including applicable

monitoring, recordkeeping, and

reporting.

(3) The owner or operator of an

affected source with combined emission

streams containing one or more batch

process vents but not containing one or

more continuous process vents subject

to § 63.1315, § 63.1316(b)(1)(i)(A),

§ 63.1316(b)(1)(ii), § 63.1316(b)(2)(i),

§ 63.1316(b)(2)(ii), or § 63.1316(c)(1),

excluding § 63.1316(c)(1)(ii), shall

comply with paragraph (b)(3)(i) and

(b)(3)(ii) of this section.

(i) The owner or operator of the

affected source shall comply with

§ 63.1321 for the batch process vent(s).

(ii) The owner or operator of the

affected source shall comply with either

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

as appropriate, for the remaining

emission streams.

(c) Instead of complying with

§§ 63.1314, 63.1315, 63.1316 through

63.1320, 63.1321, and 63.1330, the

owner or operator of an existing affected

source may elect to control any or all of

the storage vessels, batch process vents,

aggregate batch vent streams,

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38107

continuous process vents, and

wastewater streams and associated

waste management units within the

affected source to different levels using

an emissions averaging compliance

approach that uses the procedures

specified in § 63.1332. The restrictions

concerning which emission points may

be included in an emissions average,

including how many emission points

may be included, are specified in

§ 63.1332(a)(1). An owner or operator

electing to use emissions averaging shall

still comply with the provisions of

§§ 63.1314, 63.1315, 63.1316 through

63.1320, 63.1321, and 63.1330 for

affected source emission points not

included in the emissions average.

(d) A State may decide not to allow

the use of the emissions averaging

compliance approach specified in

paragraph (c) of this section.

33. Section 63.1314 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraph (a)(1) through

(a)(3);

c. Revising paragraph (a)(5) through

(a)(16);

d. Revising paragraph (b) introductory

text;

e. Revising paragraph (c); and

f. Adding paragraph (a)(17).

The revisions and additions read as

follows:

§ 63.1314 Storage vessel provisions.

(a) This section applies to each

storage vessel that is assigned to an

affected source, as determined by

§ 63.1310(g). Except as provided in

paragraphs (b) through (d) of this

section, the owner or operator of an

affected source shall comply with the

requirements of §§ 63.119 through

63.123 and 63.148 for those storage

vessels, with the differences noted in

paragraphs (a)(1) through (a)(17) of this

section for the purposes of this subpart.

(1) When the term ‘‘storage vessel’’ is

used in §§ 63.119 through 63.123, the

definition of this term in § 63.1312 shall

apply for the purposes of this subpart.

(2) When the term ‘‘Group 1 storage

vessel’’ is used in §§ 63.119 through

63.123, the definition of this term in

§ 63.1312 shall apply for the purposes of

this subpart.

(3) When the term ‘‘Group 2 storage

vessel’’ is used in §§ 63.119 through

63.123, the definition of this term in

§ 63.1312 shall apply for the purposes of

this subpart.

* * * * *

(5) When December 31, 1992, is

referred to in § 63.119, March 29, 1995

shall apply instead, for the purposes of

this subpart.

(6) When April 22, 1994, is referred to

in § 63.119, June 19, 2000 shall apply

instead, for the purposes of this subpart.

(7) Each owner or operator of an

affected source shall comply with this

paragraph (a)(7) instead of

§ 63.120(d)(1)(ii) for the purposes of this

subpart. If the control device used to

comply with § 63.119(e) is also used to

comply with any of the requirements

found in § 63.1315, § 63.1316, § 63.1322,

or § 63.1330, the performance test

required in or accepted by the

applicable requirements of §§ 63.1315,

63.1316, 63.1322, and 63.1330 is

acceptable for demonstrating

compliance with § 63.119(e) for the

purposes of this subpart. The owner or

operator is not required to prepare a

design evaluation for the control device

as described in § 63.120(d)(1)(i), if the

performance test meets the criteria

specified in paragraphs (a)(7)(i) and

(a)(7)(ii) of this section.

(i) The performance test demonstrates

that the control device achieves greater

than or equal to the required control

efficiency specified in § 63.119(e)(1) or

§ 63.119(e)(2), as applicable; and

(ii) The performance test is submitted

as part of the Notification of Compliance

Status required by § 63.1335(e)(5).

(8) When the term ‘‘range’’ is used in

§§ 63.120(d)(3), 63.120(d)(5), and

63.122(g)(2), the term ‘‘level’’ shall

apply instead, for the purposes of this

subpart.

(9) For purposes of this subpart, the

monitoring plan required by

§ 63.120(d)(2) shall specify for which

control devices the owner or operator

has selected to follow the procedures for

continuous monitoring specified in

§ 63.1334. For those control devices for

which the owner or operator has

selected to not follow the procedures for

continuous monitoring specified in

§ 63.1334, the monitoring plan shall

include a description of the parameter

or parameters to be monitored to ensure

that the control device is being properly

operated and maintained, an

explanation of the criteria used for

selection of that parameter (or

parameters), and the frequency with

which monitoring will be performed

(e.g., when the liquid level in the

storage vessel is being raised), as

specified in § 63.120(d)(2)(i).

(10) For purposes of this subpart, the

monitoring plan required by § 63.122(b)

shall be included in the Notification of

Compliance Status required by

§ 63.1335(e)(5).

(11) When the Notification of

Compliance Status requirements

contained in § 63.152(b) are referred to

in §§ 63.120, 63.122, and 63.123, the

Notification of Compliance Status

requirements contained in

§ 63.1335(e)(5) shall apply for the

purposes of this subpart.

(12) When the Periodic Report

requirements contained in § 63.152(c)

are referred to in §§ 63.120 and 63.122,

the Periodic Report requirements

contained in § 63.1335(e)(6) shall apply

for the purposes of this subpart.

(13) When other reports as required in

§ 63.152(d) are referred to in § 63.122,

the reporting requirements contained in

§ 63.1335(e)(7) shall apply for the

purposes of this subpart.

(14) When the Initial Notification

requirements contained in § 63.151(b)

are referred to in § 63.122, the owner or

operator of an affected source subject to

this subpart need not comply for the

purposes of this subpart.

(15) When the determination of

equivalence criteria in § 63.102(b) is

referred to in § 63.121(a), the provisions

in § 63.6(g) shall apply for the purposes

of this subpart.

(16) When § 63.119(a) requires

compliance according to the schedule

provisions in § 63.100, owners and

operators of affected sources shall

instead comply with the requirements

in §§ 63.119(a)(1) through 63.119(a)(4)

by the compliance date for storage

vessels, which is specified in § 63.1311.

(17) In § 63.120(e)(1), instead of the

reference to § 63.11(b), the requirements

of § 63.1333(e) shall apply.

(b) Owners or operators of Group 1

storage vessels that are assigned to a

new affected source producing SAN

using a continuous process shall control

emissions to the levels indicated in

paragraphs (b)(1) and (b)(2) of this

section.

* * * * *

(c) Owners or operators of Group 1

storage vessels that are assigned to a

new or existing affected source

producing ASA/AMSAN shall control

emissions by at least 98 percent relative

to uncontrolled emissions.

* * * * *

34. Section 63.1315 is amended by:

a. Revising paragraphs (a)(1) through

(a)(4);

b. Revising paragraphs (a)(9) through

(a)(17);

c. Revising paragraph (b) introductory

text;

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

e. Revising paragraph (c); and

f. Revising paragraph (d).

The revisions read as follows:

§ 63.1315 Continuous process vents

provisions.

(a) * * *

(1) When the term ‘‘process vent’’ is

used in §§ 63.113 through 63.118, the

38108 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

term ‘‘continuous process vent,’’ and the

definition of this term in § 63.1312 shall

apply for the purposes of this subpart.

(2) When the term ‘‘Group 1 process

vent’’ is used in §§ 63.113 through

63.118, the term ‘‘Group 1 continuous

process vent,’’ and the definition of this

term in § 63.1312 shall apply for the

purposes of this subpart.

(3) When the term ‘‘Group 2 process

vent’’ is used in §§ 63.113 through

63.118, the term ‘‘Group 2 continuous

process vent,’’ and the definition of this

term in § 63.1312 shall apply for the

purposes of this subpart.

(4) When December 31, 1992 is

referred to in § 63.113, apply the date

March 29, 1995, for the purposes of this

subpart.

* * * * *

(9) When § 63.114(e) specifies that an

owner or operator shall submit the

information required in § 63.152(b) in

order to establish the parameter

monitoring range, the owner or operator

of an affected source shall comply with

the provisions of § 63.1334 for

establishing the parameter monitoring

level and shall comply with

§ 63.1335(e)(5) for purposes of reporting

information related to establishment of

the parameter monitoring level for

purposes of this subpart. Further, the

term ‘‘level’’ shall apply when the term

‘‘range’’ is used in §§ 63.114, 63.117,

and 63.118.

(10) When reports of process changes

are required under § 63.118(g), (h), (i), or

(j), paragraphs (a)(10)(i) through

(a)(10)(iv) of this section shall apply for

the purposes of this subpart. In

addition, for the purposes of this

subpart, paragraph (a)(10)(v) of this

section applies, and § 63.118(k) does not

apply to owners or operators of affected

sources.

(i) For the purposes of this subpart,

whenever a process change, as defined

in § 63.115(e), is made that causes a

Group 2 continuous process vent to

become a Group 1 continuous process

vent, the owner or operator shall submit

a report within 180 days after the

process change is made or with the next

Periodic Report, whichever is later. A

description of the process change shall

be submitted with the report of the

process change, and the owner or

operator of the affected source shall

comply with the Group 1 provisions in

§§ 63.113 through 63.118 in accordance

with § 63.1310(i)(2)(ii) or (i)(2)(iii), as

applicable.

(ii) Whenever a process change, as

defined in § 63.115(e), is made that

causes a Group 2 continuous process

vent with a TRE greater than 4.0 to

become a Group 2 continuous process

vent with a TRE less than 4.0, the owner

or operator shall submit a report within

180 days after the process change is

made or with the next Periodic Report,

whichever is later. A description of the

process change shall be submitted with

the report of the process change, and the

owner or operator shall comply with the

provisions in § 63.113(d) by the dates

specified in § 63.1311.

(iii) Whenever a process change, as

defined in § 63.115(e), is made that

causes a Group 2 continuous process

vent with a flow rate less than 0.005

standard cubic meter per minute to

become a Group 2 continuous process

vent with a flow rate of 0.005 standard

cubic meter per minute or greater and a

TRE index value less than or equal to

4.0, the owner or operator shall submit

a report within 180 days after the

process change is made or with the next

Periodic Report, whichever is later. A

description of the process change shall

be submitted with the report of the

process change, and the owner or

operator shall comply with the

provisions in § 63.113(d) by the dates

specified in § 63.1311.

(iv) Whenever a process change, as

defined in § 63.115(e), is made that

causes a Group 2 continuous process

vent with an organic HAP concentration

less than 50 parts per million by volume

to become a Group 2 continuous process

vent with an organic HAP concentration

of 50 parts per million by volume or

greater and a TRE index value less than

or equal to 4.0, the owner or operator

shall submit a report within 180 days

after the process change is made or with

the next Periodic Report, whichever is

later. A description of the process

change shall be submitted with the

report of the process change, and the

owner or operator shall comply with the

provisions in § 63.113(d) by the dates

specified in § 63.1311.

(v) The owner or operator is not

required to submit a report of a process

change if one of the conditions listed in

paragraphs (a)(10)(v)(A), (a)(10)(v)(B),

(a)(10)(v)(C), or (a)(10)(v)(D) of this

section is met.

(A) The process change does not meet

the definition of a process change in

§ 63.115(e);

(B) The vent stream flow rate is

recalculated according to § 63.115(e)

and the recalculated value is less than

0.005 standard cubic meter per minute;

(C) The organic HAP concentration of

the vent stream is recalculated

according to § 63.115(e) and the

recalculated value is less than 50 parts

per million by volume; or (D) The TRE

index value is recalculated according to

§ 63.115(e) and the recalculated value is

greater than 4.0, or for the affected

sources producing methyl methacrylate

butadiene styrene resin the recalculated

value is greater than 6.7.

(11) When the provisions of

§ 63.116(c)(3) and (c)(4) specify that

Method 18, 40 CFR part 60, appendix A

shall be used, Method 18 or Method

25A, 40 CFR part 60, appendix A may

be used for the purposes of this subpart.

The use of Method 25A, 40 CFR part 60,

appendix A shall conform with the

requirements in paragraphs (a)(11)(i)

and (a)(11)(ii) of this section.

(i) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A shall be the single

organic HAP representing the largest

percent by volume of the emissions.

(ii) The use of Method 25A, 40 CFR

part 60, appendix A is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(12) When § 63.118, periodic

reporting and recordkeeping

requirements, refers to § 63.152(f), the

recordkeeping requirements in

§ 63.1335(d) shall apply for purposes of

this subpart.

(13) If a batch process vent or

aggregate batch vent stream is combined

with a continuous process vent, the

owner or operator of the affected source

containing the combined vent stream

shall comply with paragraph (a)(13)(i);

with paragraph (a)(13)(ii) and with

paragraph (a)(13)(iii) or (iv); or with

paragraph (a)(13)(v) of this section, as

appropriate.

(i) If a batch process vent or aggregate

batch vent stream is combined with a

Group 1 continuous process vent prior

to the combined vent stream being

routed to a control device, the owner or

operator of the affected source

containing the combined vent stream

shall comply with the requirements in

paragraph (a)(13)(i)(A) or (B) of this

section.

(A) All requirements for a Group 1

process vent stream in §§ 63.113

through 63.118, except as otherwise

provided in this section. As specified in

§ 63.1333(a)(1), performance tests shall

be conducted at maximum

representative operating conditions. For

the purpose of conducting a

performance test on a combined vent

stream, maximum representative

operating conditions shall be when

batch emission episodes are occurring

that result in the highest organic HAP

emission rate (for the combined vent

stream) that is achievable during one of

the periods listed in § 63.1333(a)(1)(i) or

§ 63.1333(a)(1)(ii), without causing any

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38109

of the situations described in paragraphs

(a)(13)(i)(A)(1) through (3) to occur.

(1) Causing damage to equipment.

(2) Necessitating that the owner or

operator make product that does not

meet an existing specification for sale to

a customer; or

(3) Necessitating that the owner or

operator make product in excess of

demand.

(B) Comply with the provisions in

§ 63.1313(b)(1), as allowed under

§ 63.1313(b).

(ii) If a batch process vent or aggregate

batch vent stream is combined with a

continuous process vent prior to the

combined vent stream being routed to a

recovery device, the TRE index value for

the combined vent stream shall be

calculated at the exit of the last recovery

device. The TRE shall be calculated

during periods when one or more batch

emission episodes are occurring that

result in the highest organic HAP

emission rate (in the combined vent

stream that is being routed to the

recovery device) that is achievable

during the 6-month period that begins 3

months before and ends 3 months after

the TRE calculation, without causing

any of the situations described in

paragraphs (a)(13)(ii)(A) through (C) to

occur.

(A) Causing damage to equipment.

(B) Necessitating that the owner or

operator make product that does not

meet an existing specification for sale to

a customer; or

(C) Necessitating that the owner or

operator make product in excess of

demand.

(iii) If the combined vent stream

described in paragraph (a)(10)(ii) of this

section meets the requirements in

paragraphs (a)(13)(iii)(A), (B), and (C) of

this section, the combined vent stream

shall be subject to the requirements for

Group 1 process vents in §§ 63.113

through 63.118, except as otherwise

provided in this section, as applicable.

Performance tests for the combined vent

stream shall be conducted at maximum

operating conditions, as described in

paragraph (a)(13)(i) of this section.

(A) The TRE index value of the

combined stream is less than or equal to

1.0;

(B) The flow rate of the combined

vent stream is greater than or equal to

0.005 standard cubic meter per minute;

and

(C) The total organic HAP

concentration is greater than or equal to

50 parts per million by volume for the

combined vent stream.

(iv) If the combined vent stream

described in paragraph (a)(10)(ii) of this

section meets the requirements in

paragraph (a)(13)(iv)(A), (B), or (C) of

this section, the combined vent stream

shall be subject to the requirements for

Group 2 process vents in §§ 63.113

through 63.118, except as otherwise

provided in this section, as applicable.

(A) The TRE index value of the

combined vent stream is greater than

1.0;

(B) The flow rate of the combined

vent stream is less than 0.005 standard

cubic meter per minute; or

(C) The total organic HAP

concentration is less than 50 parts per

million by volume for the combined

vent stream.

(v) If a batch process vent or aggregate

batch vent stream is combined with a

Group 2 continuous process vent, the

owner or operator shall comply with the

requirements in either paragraph

(a)(13)(v)(A) or (a)(13)(v)(B) of this

section.

(A) The owner or operator shall

comply with the requirements in

§§ 63.113 through 63.118 for Group 1

process vents; or

(B) The owner or operator shall

comply with § 63.1322(e)(2) for batch

process vents and aggregate batch vent

streams.

(14) If any gas stream that originates

outside of an affected source that is

subject to this subpart is normally

conducted through the same final

recovery device as any continuous

process vent stream subject to this

subpart, the owner or operator of the

affected source with the combined vent

stream shall comply with all

requirements in §§ 63.113 through

63.118 of subpart G of this part, except

as otherwise noted in this section, as

applicable.

(i) Instead of measuring the vent

stream flow rate at the sampling site

specified in § 63.115(b)(1), the sampling

site for vent stream flow rate shall be

prior to the final recovery device and

prior to the point at which the gas

stream that is not controlled under this

subpart is introduced into the combined

vent stream.

(ii) Instead of measuring total organic

HAP or TOC concentrations at the

sampling site specified in § 63.115(c)(1),

the sampling site for total organic HAP

or TOC concentration shall be prior to

the final recovery device and prior to

the point at which the gas stream that

is not controlled under this subpart is

introduced into the combined vent

stream.

(iii) The efficiency of the final

recovery device (determined according

to paragraph (a)(14)(iv) of this section)

shall be applied to the total organic HAP

or TOC concentration measured at the

sampling site described in paragraph

(a)(14)(ii) of this section to determine

the exit concentration. This exit

concentration of total organic HAP or

TOC shall then be used to perform the

calculations outlined in

§ 63.115(d)(2)(iii) and § 63.115(d)(2)(iv),

for the combined vent stream exiting the

final recovery device.

(iv) The efficiency of the final

recovery device is determined by

measuring the total organic HAP or TOC

concentration using Method 18 or 25A,

40 CFR part 60, appendix A, at the inlet

to the final recovery device after the

introduction of any gas stream that is

not controlled under this subpart, and at

the outlet of the final recovery device.

(15) When § 63.115(c)(3)(ii)(B) and

(d)(2)(iv) and § 63.116(c)(3)(ii)(B) and

(c)(4)(ii)(C) refer to Table 2 of subpart F

of this part, the owner or operator is

only required to consider organic HAP

listed on Table 6 of this subpart for

purposes of this subpart.

(16) The compliance date for

continuous process vents subject to the

provisions of this section is specified in

§ 63.1311.

(17) In § 63.116(a), instead of the

reference to § 63.11(b), the requirements

in § 63.1333(e) shall apply.

* * * * *

(b) Owners or operators of existing

affected sources producing MBS shall

comply with either paragraph (b)(1) or

(b)(2) of this section.

(1) * * *

(ii) When complying with this

paragraph (b) and the term ‘‘TRE of 4.0’’

is used, or related terms indicating a

TRE index value of 4.0, referred to in

§§ 63.113 through 63.118, are used, the

term ‘‘TRE of 6.7,’’ shall apply instead,

for the purposes of this subpart. The

TRE range of 3.7 to 6.7 for continuous

process vents at existing affected

sources producing MBS corresponds to

the TRE range of 1.0 to 4.0 for other

continuous process vents, as it applies

to monitoring, recordkeeping, and

reporting.

* * * * *

(c) Owners or operators of new

affected sources producing SAN using a

batch process shall comply with the

applicable requirements in § 63.1321.

(d) Affected sources producing PET or

polystyrene using a continuous process

are not subject to the provisions of this

section and instead are subject to the

emissions control provisions of

§ 63.1316, the monitoring provisions of

§ 63.1317, the testing and compliance

demonstration provisions of § 63.1318,

the recordkeeping provisions of

§ 63.1319, and the reporting provisions

of § 63.1320. However, in some

instances, as specified in § 63.1316,

select continuous process vents present

38110 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

at affected sources producing PET or

polystyrene using a continuous process

are subject to the provisions of this

section.

* * * * *

35. Section 63.1316 is amended by:

a. Revising the section title;

b. Revising paragraph (a);

c. Revising paragraph (b);

introductory text;

d. Revising paragraph (b)(1)

introductory text;

e. Revising paragraph (b)(1)(i)

introductory text;

f. Revising paragraphs (b)(1)(i)(A) and

(b)(1)(i)(B);

g. Revising paragraphs (b)(1)(ii)

(b)(1)(iii), and (b)(1)(iv);

h. Revising paragraph (b)(2)

introductory text;

i. Revising paragraphs (b)(2)(i),

(b)(2)(ii), (b)(2)(iii), and (b)(2)(iv);

j. Revising paragraph (c) introductory

text;

k. Revising paragraph (c)(1)

introductory text;

l. Revising paragraphs (c)(1)(i) and

(c)(1)(ii);

m. Revising paragraph (c)(1)(iii)(A);

n. Revising paragraph (c)(1)(iii)(C);

and

o. Revising paragraph (c)(3).

The revisions read as follows:

§ 63.1316 PET and polystyrene affected

sources—emissions control provisions.

(a) The owner or operator of an

affected source producing PET using a

continuous process shall comply with

paragraph (b) of this section. The owner

or operator of an affected source

producing polystyrene using a

continuous process shall comply with

paragraph (c) of this section. As

specified in paragraphs (b) and (c) of

this section, owners or operators shall

comply with § 63.1315 for certain

continuous process vents and with

§ 63.1321 for all batch process vents.

The owner or operator of an affected

source producing PET using a batch

process or producing polystyrene using

a batch process shall comply with

§ 63.1315 for continuous process vents

and with § 63.1321 for batch process

vents, instead of the provisions of

§§ 63.1316 through 63.1320.

(b) The owner or operator of an

affected source producing PET using a

continuous process shall comply with

the requirements specified in

paragraphs (b)(1) or (b)(2) of this

section, as appropriate, and are not

required to comply with the

requirements specified in 40 CFR part

60, subpart DDD. Compliance can be

based on either organic HAP or TOC.

(1) The owner or operator of an

affected source producing PET using a

continuous dimethyl terephthalate

process shall comply with paragraphs

(b)(1)(i) through (b)(1)(iv) of this section.

(i) The owner or operator of an

existing affected source with organic

HAP emissions greater than 0.12 kg

organic HAP per Mg of product from

continuous process vents in the

collection of material recovery sections

(i.e., methanol recovery) within the

affected source shall comply with either

paragraph (b)(1)(i)(A), (b)(1)(i)(B), or

(b)(1)(i)(C) of this section. Emissions

from continuous process vents in the

collection of material recovery sections

within the affected source shall be

determined by the procedures specified

in § 63.1318(b). The owner or operator

of a new affected source shall comply

with either paragraph (b)(1)(i)(A),

(b)(1)(i)(B), or (b)(1)(i)(C) of this section.

(A) Organic HAP emissions from all

continuous process vents in each

individual material recovery section

shall, as a whole, be no greater than

0.018 kg organic HAP per Mg of product

from the associated TPPU(s); or

alternatively, organic HAP emissions

from all continuous process vents in the

collection of material recovery sections

within the affected source shall, as a

whole, be no greater than 0.018 kg

organic HAP per Mg product from all

associated TPPU(s);

(B) As specified in § 63.1318(d), the

owner or operator shall maintain the

daily average outlet gas stream

temperature from each final condenser

in a material recovery section at a

temperature of +3°C (+37°F) or less (i.e.,

colder);

* * * * *

(ii) Limit organic HAP emissions from

continuous process vents in the

collection of polymerization reaction

sections within the affected source by

complying with either paragraph

(b)(1)(ii)(A) or (b)(1)(ii)(B) of this

section.

(A) Organic HAP emissions from all

continuous process vents in each

individual polymerization reaction

section (including emissions from any

equipment used to further recover

ethylene glycol, but excluding

emissions from process contact cooling

towers) shall, as a whole, be no greater

than 0.02 kg organic HAP per Mg of

product from the associated TPPU(s); or

alternatively, organic HAP emissions

from all continuous process vents in the

collection of polymerization reaction

sections within the affected source

shall, as a whole, be no greater than 0.02

kg organic HAP per Mg product from all

associated TPPU(s); or

(B) Comply with paragraph (b)(1)(v) of

this section.

(iii) Continuous process vents not

included in a material recovery section,

as specified in paragraph (b)(1)(i) of this

section, and not included in a

polymerization reaction section, as

specified in paragraph (b)(1)(ii) of this

section, shall comply with § 63.1315.

(iv) Batch process vents shall comply

with § 63.1321.

* * * * *

(2) The owner or operator of an

affected source producing PET using a

continuous terephthalic acid process

shall comply with paragraphs (b)(2)(i)

through (b)(2)(iv) of this section.

(i) Limit organic HAP emissions from

continuous process vents in the

collection of raw material preparation

sections within the affected source by

complying with either paragraph

(b)(2)(i)(A) or (b)(2)(i)(B) of this section.

(A) Organic HAP emissions from all

continuous process vents associated

with the esterification vessels in each

individual raw materials preparation

section shall, as a whole, be no greater

than 0.04 kg organic HAP per Mg of

product from the associated TPPU(s); or

alternatively, organic HAP emissions

from all continuous process vents

associated with the esterification vessels

in the collection of raw material

preparation sections within the affected

source shall, as a whole, be no greater

than 0.04 kg organic HAP per Mg of

product from all associated TPPU(s).

Other continuous process vents (i.e.,

those not associated with the

esterification vessels) in the collection

of raw materials preparation sections

within the affected source shall comply

with § 63.1315; or

(B) Comply with paragraph (b)(2)(v) of

this section.

(ii) Limit organic HAP emissions from

continuous process vents in the

collection of polymerization reaction

sections within the affected source by

complying with either paragraph

(b)(2)(ii)(A) or (b)(2)(ii)(B) of this

section.

(A) Organic HAP emissions from all

continuous process vents in each

individual polymerization reaction

section (including emissions from any

equipment used to further recover

ethylene glycol, but excluding

emissions from process contact cooling

towers) shall, as a whole, be no greater

than 0.02 kg organic HAP per Mg of

product from the associated TPPU(s); or

alternatively, organic HAP emissions

from all continuous process vents in the

collection of polymerization reaction

sections within the affected source

shall, as a whole, be no greater than 0.02

kg organic HAP per Mg of product from

all associated TPPU(s); or

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38111

(B) Comply with paragraph (b)(2)(v) of

this section.

(iii) Continuous process vents not

included in a raw materials preparation

section, as specified in paragraphs

(b)(2)(i) of this section, and not included

in a polymerization reaction section, as

specified in paragraph (b)(2)(ii) of this

section, shall comply with § 63.1315.

(iv) Batch process vents shall comply

with § 63.1321.

* * * * *

(c) The owner or operator of an

affected source producing polystyrene

resin using a continuous process shall

comply with the requirements specified

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

section, as appropriate, instead of the

requirements specified in 40 CFR part

60, subpart DDD. Compliance can be

based on either organic HAP or TOC.

(1) Limit organic HAP emissions from

continuous process vents in the

collection of material recovery sections

within the affected source by complying

with either paragraph (c)(1)(i), (c)(1)(ii),

or (c)(1)(iii) of this section.

(i) Organic HAP emissions from all

continuous process vents in each

individual material recovery section

shall, as a whole, be no greater than

0.0036 kg organic HAP per Mg of

product from the associated TPPU(s); or

alternatively, organic HAP emissions

from all continuous process vents in the

collection of material recovery sections

within the affected source shall, as a

whole, be no greater than 0.0036 kg

organic HAP per Mg of product from all

associated TPPU(s);

(ii) As specified in § 63.1318(d), the

owner or operator shall maintain the

daily average outlet gas stream

temperature from each final condenser

in a material recovery section at a

temperature of ¥25°C (¥13°F) or less

(i.e., colder); or

(iii) * * *

(A) Reduce the emissions in a

combustion device to achieve 98 weight

percent reduction or to achieve a

concentration of 20 parts per million by

volume (ppmv) on a dry basis,

whichever is less stringent. If an owner

or operator elects to comply with the 20

ppmv standard, the concentration shall

include a correction to 3 percent oxygen

only when supplemental combustion air

is used to combust the emissions;

* * * * *

(C) Combust the emissions in a flare

that complies with the requirements of

§ 63.1333(e).

* * * * *

(3) Batch process vents shall comply

with § 63.1321.

36. Section 63.1317 is revised

(including the section title) to read as

follows:

§ 63.1317 PET and polystyrene affected

sources—monitoring provisions.

Continuous process vents using a

control or recovery device to comply

with § 63.1316 shall comply with the

applicable monitoring provisions

specified for continuous process vents

in § 63.1315(a), except that references to

group determinations (i.e., total resource

effectiveness) do not apply and owners

or operators are not required to comply

with § 63.113.

37. Section 63.1318 is amended by:

a. Revising the section title;

b. Revising paragraph (a);

c. Revising paragraph (b) introductory

text;

d. Revising paragraph (b)(1)(i)

introductory text;

e. Revising paragraph (c); and

f. Revising paragraph (d).

The revisions read as follows:

§ 63.1318 PET and polystyrene affected

sources—testing and compliance

demonstration provisions.

(a) Except as specified in paragraphs

(b) through (d) of this section,

continuous process vents using a

control or recovery device to comply

with § 63.1316 shall comply with the

applicable testing and compliance

provisions for continuous process vents

specified in § 63.1315, except that, for

the purposes of this paragraph (a),

references to group determinations (i.e.,

total resource effectiveness) do not

apply and owners or operators are not

required to comply with § 63.113.

(b) PET Affected Sources Using a

Dimethyl Terephthalate Process—

Applicability Determination Procedure.

Owners or operators shall calculate

organic HAP emissions from the

collection of material recovery sections

at an existing affected source producing

PET using a continuous dimethyl

terephthalate process to determine

whether § 63.1316(b)(1)(i) is applicable

using the procedures specified in either

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

(1) * * *

(i) The mass emission rate for each

continuous process vent, Ei, shall be

determined according to the procedures

specified in § 63.116(c)(4). The sampling

site for determining whether

§ 63.1316(b)(1)(i) is applicable shall be

at the outlet of the last recovery or

control device. When the provisions of

§ 63.116(c)(4) specify that Method 18, 40

CFR part 60, appendix A shall be used,

Method 18 or Method 25A, 40 CFR part

60, appendix A may be used for the

purposes of this subpart. The use of

Method 25A, 40 CFR part 60, appendix

A shall comply with paragraphs

(b)(1)(i)(A) and (b)(1)(i)(B) of this

section.

* * * * *

(c) Compliance with Mass Emissions

per Mass Product Standards. Owners or

operators complying with

§ 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i),

(b)(2)(ii), and (c)(1)(i) shall demonstrate

compliance with the mass emissions per

mass product requirements using the

procedures specified in paragraph (b)(1)

of this section.

(d) Compliance with Temperature

Limits for Final Condensers. Owners or

operators complying with

§ 63.1316(b)(1)(i)(B) or § 63.1316(c)(1)(ii)

shall demonstrate continuous

compliance based on an average exit

temperature determined for each

operating day. Calculation of the daily

average exit temperature shall follow

the provisions of § 63.1335(d)(3). The

provisions of § 63.1334(f) and (g) shall

apply for the purposes of determining

whether or not an owner or operator is

to be deemed out of compliance for a

given operating day.

38. Section 63.1319 is amended by:

a. Revising the section title;

b. Revising paragraph (a);

c. Revising paragraph (b) introductory

text;

d. Revising paragraph (b)(2); and

e. Revising paragraph (c).

The revisions read as follows:

§ 63.1319 PET and polystyrene affected

sources—recordkeeping provisions.

(a) Except as specified in paragraphs

(b) and (c) of this section, owners or

operators using a control or recovery

device to comply with § 63.1316 shall

comply with the applicable

recordkeeping provisions specified in

§ 63.1315, except that, for the purposes

of this paragraph (a), references to group

determinations (i.e., total resource

effectiveness) do not apply, and owners

or operators are not required to comply

with § 63.113.

(b) Records Demonstrating

Compliance With the Applicability

Determination Procedure for PET

Affected Sources Using a Dimethyl

Terephthalate Process. Owners or

operators complying with

§ 63.1316(b)(1)(i) by demonstrating that

mass emissions per mass product are

less than or equal to the level specified

in § 63.1316(b)(1)(i) (i.e., 0.12 kg organic

HAP per Mg of product) shall keep the

following records.

* * * * *

(2) Records of any change in process

operation that increases the mass

emissions per mass product.

(c) Records Demonstrating

Compliance with Temperature Limits

for Final Condensers. Owners or

operators of continuous process vents

complying with § 63.1316(b)(1)(i)(B) or

§ 63.1316(c)(1)(ii) shall keep records of

38112 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

the daily averages required by § 63.1318,

per the recordkeeping provisions

specified in § 63.1335(d).

39. Section 63.1320 is revised to read

as follows:

§ 63.1320 PET and polystyrene affected

sources—reporting provisions.

(a) Except as specified in paragraph

(b) of this section, owners and operators

using a control or recovery device to

comply with § 63.1316 shall comply

with the applicable reporting provisions

specified in § 63.1315, except that, for

the purposes of this paragraph (a),

references to group determinations (i.e.,

total resource effectiveness) do not

apply, and owners or operators are not

required to comply with § 63.113.

(b) Reporting for PET Affected

Sources Using a Dimethyl Terephthalate

Process. Owners or operators complying

with § 63.1316 by demonstrating that

mass emissions per mass product are

less than or equal to the level specified

in § 63.1316(b)(1)(i) (i.e., 0.12 kg organic

HAP per Mg of product) shall comply

with paragraphs (b)(1) through (b)(3) of

this section.

(1) Include the information specified

in § 63.1319(b)(2) in each Periodic

Report, required by § 63.1335(e)(6), as

appropriate.

(2) Include the information specified

in § 63.1319(b)(1) in the Notification of

Compliance Status, required by

§ 63.1335(e)(5).

(3) Whenever a process change, as

defined in § 63.115(e), is made that

causes emissions from continuous

process vents in the collection of

material recovery sections (i.e.,

methanol recovery) within the affected

source to be greater than 0.12 kg organic

HAP per Mg of product, the owner or

operator shall submit a report within

180 days after the process change is

made or the information regarding the

process change is known to the owner

or operator. This report may be included

in the next Periodic Report as specified

in § 63.1335(e)(6)(iii)(D)(2). The report

shall include the information specified

in § 63.1319(b)(1) and a description of

the process change.

40. Section 63.1321 is amended by

revising paragraphs (a) and (c), to read

as follows:

§ 63.1321 Batch process vents provisions.

(a) Batch process vents. Except as

specified in paragraphs (b) through (d)

of this section, owners and operators of

new and existing affected sources with

batch process vents shall comply with

the requirements in §§ 63.1322 through

63.1327. The batch process vent group

status shall be determined in

accordance with § 63.1323. Owners or

operators of batch process vents

classified as Group 1 shall comply with

the reference control technology

requirements for Group 1 batch process

vents in § 63.1322, the monitoring

requirements in § 63.1324, the

performance test methods and

procedures to determine compliance in

§ 63.1325, the recordkeeping

requirements in § 63.1326, and the

reporting requirements in § 63.1327.

Owners or operators of all Group 2

batch process vents shall comply with

the applicable reference control

technology requirements in § 63.1322,

the applicable recordkeeping

requirements in § 63.1326, and the

applicable reporting requirements in

§ 63.1327.

* * * * *

(c) Aggregate batch vent streams.

Aggregate batch vent streams, as defined

in § 63.1312, are subject to the control

requirements specified in § 63.1322(b),

as well as the monitoring, testing,

recordkeeping, and reporting

requirements specified in §§ 63.1324

through 63.1327 for aggregate batch vent

streams.

* * * * *

41. Section 63.1322 is amended by:

a. Revising paragraph (a) introductory

text;

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

c. Revising paragraph (b) introductory

text;

d. Revising paragraph (b)(1)(i);

e. Revising paragraph (b)(2);

f. Revising paragraphs (c)(1) and

(c)(2);

g. Revising paragraph (e);

h. Revising paragraph (f);

i. Revising paragraph (g); and

j. Adding paragraph (h).

The revisions and additions read as

follows:

§ 63.1322 Batch process vents—reference

control technology.

(a) Batch process vents. The owner or

operator of a Group 1 batch process

vent, as determined using the

procedures in § 63.1323, shall comply

with the requirements of either

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

except as provided for in paragraph

(a)(3) of this section. Compliance may

be based on either organic HAP or TOC.

(1) * * *

(i) The owner or operator shall

comply with the requirements of

§ 63.1333(e) for the flare.

* * * * *

(b) Aggregate batch vent streams. The

owner or operator of an aggregate batch

vent stream that contains one or more

Group 1 batch process vents shall

comply with the requirements of either

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

except as provided for in paragraph

(b)(3) of this section. Compliance may

be based on either organic HAP or TOC.

(1) * * *

(i) The owner or operator shall

comply with the requirements of

§ 63.1333(e) for the flare.

* * * * *

(2) For each aggregate batch vent

stream, reduce organic HAP emissions

by 90 weight percent or to a

concentration of 20 parts per million by

volume, whichever is less stringent, on

a continuous basis using a control

device. For purposes of complying with

the 20 parts per million by volume

outlet concentration standard, the outlet

concentration shall be calculated on a

dry basis. When a combustion device is

used for purposes of complying with the

20 parts per million by volume outlet

concentration standard, the

concentration shall be corrected to 3

percent oxygen if supplemental

combustion air is used to combust the

emissions. If supplemental combustion

air is not used, a correction to 3 percent

oxygen is not required.

* * * * *

(c) * * *

(1) If a combustion device is used to

comply with paragraph (a)(2), (a)(3),

(b)(2), or (b)(3) of this section for a

halogenated batch process vent,

halogenated aggregate batch vent

stream, or halogenated continuous

process vent, said emissions exiting the

combustion device shall be ducted to a

halogen reduction device that reduces

overall emissions of hydrogen halides

and halogens by at least 99 percent

before discharge to the atmosphere.

(2) A halogen reduction device may

be used to reduce the halogen atom

mass emission rate of said emissions to

less than 3,750 kg/yr for batch process

vents or aggregate batch vent streams

and to less than 0.45 kilograms per hour

for continuous process vents prior to

venting to any combustion control

device, and thus make the batch process

vent, aggregate batch vent stream, or

continuous process vent

nonhalogenated. The nonhalogenated

batch process vent, aggregate batch vent

stream, or continuous process vent shall

then comply with the requirements of

either paragraph (a) or (b) of this

section, as appropriate.

* * * * *

(e) Combination of batch process

vents or aggregate batch vent streams

with continuous process vents. If a batch

process vent or aggregate batch vent

stream is combined with a continuous

process vent, the owner or operator

shall determine whether the combined

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38113

vent stream is subject to the provisions

of §§ 63.1321 through 63.1327 according

to paragraphs (e)(1) and (e)(2) of this

section.

(1) A batch process vent or aggregate

batch vent stream combined with a

continuous process vent is not subject to

the provisions of §§ 63.1321 through

63.1327, if the requirements in

paragraph (e)(1)(i) and in either

paragraph (e)(1)(ii) or (e)(1)(iii) are met.

(i) The only emissions to the

atmosphere from the batch process vent

or aggregate batch vent stream prior to

being combined with the continuous

process vent are from equipment subject

to § 63.1331.

(ii) The batch process vent or

aggregate batch vent stream is combined

with a Group 1 continuous process vent

prior to the combined vent stream being

routed to a control device. In this

paragraph (e)(1)(ii), the definition of

control device as it relates to continuous

process vents shall be used.

Furthermore, the combined vent stream

discussed in this paragraph (e)(1)(ii)

shall be subject to § 63.1315(a)(13)(i).

(iii) The batch process vent or

aggregate batch vent stream is combined

with a continuous process vent prior to

being routed to a recovery device. In

this paragraph (e)(1)(iii), the definition

of recovery device as it relates to

continuous process vents shall be used.

Furthermore, the combined vent stream

discussed in this paragraph (e)(1)(iii)

shall be subject to § 63.1315(a)(13)(ii).

(2) If the batch process vent or

aggregate batch vent stream is combined

with a Group 2 continuous process vent,

the group status of the batch process

vent shall be determined prior to its

combination with the Group 2

continuous process vent, in accordance

with § 63.1323, and the combined vent

stream shall be subject to the

requirements for aggregate batch vent

streams in §§ 63.1321 through 63.1327.

(f) Group 2 batch process vents with

annual emissions greater than or equal

to the level specified in § 63.1323(d).

The owner or operator of a Group 2

batch process vent with annual

emissions greater than or equal to the

level specified in § 63.1323(d) shall

comply with the provisions of

paragraph (f)(1), (f)(2), or (h) of this

section.

(1) The owner or operator of an

affected source shall comply with the

requirements in paragraphs (f)(1)(i)

through (f)(1)(iv) of this section.

(i) The owner or operator shall

establish a batch mass input limitation

that ensures the Group 2 batch process

vent does not become a Group 1 batch

process vent.

(ii) Over the course of the affected

source’s ‘‘year,’’ as reported in the

Notification of Compliance Status in

accordance with § 63.1335(e)(5)(iv), the

owner or operator shall not charge a

mass of HAP or material to the batch

unit operation that is greater than the

level established as the batch mass

input limitation.

(iii) The owner or operator shall

comply with the recordkeeping

requirements in § 63.1326(d)(2), and the

reporting requirements in

§ 63.1327(a)(3), (b), and (c).

(iv) The owner or operator shall

comply with § 63.1323(i) when process

changes are made.

(2) Comply with the requirements of

this subpart for Group 1 batch process

vents.

(g) Group 2 batch process vents with

annual emissions less than the level

specified in § 63.1323(d). The owner or

operator of a Group 2 batch process vent

with annual emissions less than the

level specified in § 63.1323(d) shall

comply with paragraphs (g)(1), (g)(2),

(g)(3), or (g)(4) of this section.

(1) The owner or operator of the

affected source shall comply with the

requirements in paragraphs (g)(1)(i)

through (g)(1)(iv) of this section.

(i) The owner or operator shall

establish a batch mass input limitation

that ensures emissions do not exceed

the level specified in § 63.1323(d).

(ii) Over the course of the affected

source’s ‘‘year,’’ as reported in the

Notification of Compliance Status in

accordance with § 63.1335(e)(5)(iv), the

owner or operator shall not charge a

mass of HAP or material to the batch

unit operation that is greater than the

level established as the batch mass

input limitation.

(iii) The owner or operator shall

comply with the recordkeeping

requirements in § 63.1326(d)(1), and the

reporting requirements in

§ 63.1327(a)(2), (b), and (c).

(iv) The owner or operator of the

affected source shall comply with

§ 63.1323(i) when process changes are

made.

(2) Comply with the requirements of

paragraph (f)(1) of this section;

(3) Comply with the requirements of

paragraph (f)(2) of this section; or

(4) Comply with the requirements of

paragraph (h) of this section.

(h) Owners or operators of Group 2

batch process vents are not required to

establish a batch mass input limitation

if the batch process vent is Group 2 at

the conditions specified in paragraphs

(h)(1) and (h)(2) of this section and if the

owner or operator complies with the

recordkeeping provisions in

§§ 63.1326(a)(1) through (3),

63.1326(a)(9), and 63.1326(a)(4) through

(6) as applicable, and the reporting

requirements in § 63.1327(a)(5), (a)(6),

and (b).

(1) Emissions for the single highestHAP recipe (considering all products

that are produced in the batch unit

operation) are used in the group

determination; and

(2) The group determination assumes

that the batch unit operation is

operating at the maximum design

capacity of the TPPU for 12 months.

42. Section 63.1323 is amended by:

a. Revising paragraph (a)(1);

b. Revising paragraph (b) introductory

text;

c. Revising paragraphs (b)(1) and

(b)(2);

d. Revising paragraphs (b)(4)(i)(A)

through (b)(4)(i)(C);

e. Revising paragraph (b)(4)(ii)(B)(1);

f. Revising paragraph (b)(5)

introductory text;

g. Revising paragraph (b)(5)(ii);

h. Revising paragraph (b)(5)(iii)

introductory text;

i. Revising paragraph (b)(5)(iv);

j. Revising paragraph (b)(5)(v)

introductory text;

k. Revising paragraph (b)(5)(v)(A);

l. Revising paragraph (b)(6);

m. Revising paragraph (d);

n. Revising paragraph (e) introductory

text;

o. Revising paragraph (e)(1)

introductory text;

p. Revising paragraph (e)(1)(i);

q. Revising paragraph (e)(1)(iii);

r. Revising paragraphs (e)(2) and

(e)(3);

s. Revising paragraph (g);

t. Revising paragraph (h)(1)(iii);

u. Revising paragraph (h)(2);

v. Revising paragraph (i);

w. Revising paragraph (j) introductory

text;

x. Revising paragraph (j)(3); and

y. Adding paragraph (b)(9).

The revisions and additions read as

follows:

§ 63.1323 Batch process vents—methods

and procedures for group determination.

(a) * * *

(1) The procedures specified in

paragraphs (b) through (g) of this section

shall be followed to determine the group

status of each batch process vent. This

determination shall be made in

accordance with either paragraph

(a)(1)(i) or (a)(1)(ii) of this section.

(i) An owner or operator may choose

to determine the group status of a batch

process vent based on the expected mix

of products. For each product, emission

characteristics of the single highest-HAP

recipe, as defined in paragraph (a)(1)(iii)

of this section, for that product shall be

38114 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

used in the procedures in paragraphs (b)

through (i) of this section.

(ii) An owner or operator may choose

to determine the group status of a batch

process vent based on annualized

production of the single highest-HAP

recipe, as defined in paragraph (a)(1)(iii)

of this section, considering all products

produced or processed in the batch unit

operation. The annualized production of

the highest-HAP recipe shall be based

exclusively on the production of the

single highest-HAP recipe of all

products produced or processed in the

batch unit operation for a 12 month

period. The production level used may

be the actual production rate. It is not

necessary to assume a maximum

production rate (i.e., 8,760 hours per

year at maximum design production).

(iii) The single highest-HAP recipe for

a product means the recipe of the

product with the highest total mass of

HAP charged to the reactor during the

production of a single batch of product.

* * * * *

(b) Determination of annual

emissions. The owner or operator shall

calculate annual uncontrolled TOC or

organic HAP emissions for each batch

process vent using the methods

described in paragraphs (b)(1) through

(b)(8) of this section. To estimate

emissions from a batch emissions

episode, owners or operators may use

either the emissions estimation

equations in paragraphs (b)(1) through

(b)(4) of this section, or direct

measurement as specified in paragraph

(b)(5) of this section. Engineering

assessment may be used to estimate

emissions from a batch emission

episode only under the conditions

described in paragraph (b)(6) of this

section. In using the emissions

estimation equations in paragraphs

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

individual component vapor pressure

and molecular weight may be obtained

from standard references. Methods to

determine individual HAP partial

pressures in multicomponent systems

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

section. Other variables in the emissions

estimation equations may be obtained

through direct measurement, as defined

in paragraph (b)(5) of this section,

through engineering assessment, as

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

section, by process knowledge, or by

any other appropriate means.

Assumptions used in determining these

variables must be documented. Once

emissions for the batch emission

episode have been determined using

either the emissions estimation

equations, direct measurement, or

engineering assessment, emissions from

a batch cycle shall be calculated in

accordance with paragraph (b)(7) of this

section, and annual emissions from the

batch process vent shall be calculated in

accordance with paragraph (b)(8) of this

section.

(1) TOC or organic HAP emissions

from the purging of an empty vessel

shall be calculated using Equation 2 of

this subpart. Equation 2 of this subpart

does not take into account evaporation

of any residual liquid in the vessel.

E

V P MW

RT episode

ves wavg m = ( )( )( ) ( ) 1 0 37 − . [Eq. 2]

Where:

Eepisode = Emissions, kg/episode.

Vves = Volume of vessel, m3.

P = TOC or total organic HAP partial

pressure, kPa.

MWwavg = Weighted average

molecular weight of TOC or organic

HAP in vapor, determined in

accordance with paragraph

(b)(4)(i)(D) of this section, kg/kmol.

R = Ideal gas constant, 8.314 m3·kPa/

kmol·K.

T = Temperature of vessel vapor

space, K.

m = Number of volumes of purge gas

used.

(2) TOC or organic HAP emissions

from the purging of a filled vessel shall

be calculated using Equation 3 of this

subpart.

E

y V P MW

RT P P x

episode T dr wavg

i i

i

n = m

( )( ) ( )( )

− 











( )

=

∑

2

1

[Eq. 3]

Where:

Eepisode = Emissions, kg/episode.

y = Saturated mole fraction of all TOC

or organic HAP in vapor phase.

Vdr = Volumetric gas displacement

rate, m3/min.

P = Pressure in vessel vapor space,

kPa.

MWwavg = Weighted average

molecular weight of TOC or organic

HAP in vapor, determined in

accordance with paragraph

(b)(4)(i)(D) of this section, kg/kmol.

R = Ideal gas constant, 8.314 m3·kPa/

kmol·K.

T = Temperature of vessel vapor

space, K.

Pi = Vapor pressure of TOC or

individual organic HAP i, kPa.

xi = Mole fraction of TOC or organic

HAP i in the liquid.

n = Number of organic HAP in stream.

Note: Summation not applicable if

TOC emissions are being estimated.

Tm = Minutes/episode.

* * * * *

(4) * * *

(i) * * *

(A) Emissions caused by heating of a

vessel shall be calculated using

Equation 5 of this subpart. The

assumptions made for this calculation

are atmospheric pressure of 760

millimeters of mercury (mm Hg) and the

displaced gas is always saturated with

volatile organic compounds (VOC)

vapor in equilibrium with the liquid

mixture.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38115

E

P

P

P

P MW MW

episode

i T

i

n

i T

i

n

i T

i

n

i T

i

n

WAVG T WAVG T =

( )

− ( )

+

( )

− ( )





















































∗( ) ( ) + ( ) 















=

=

=

=

∑

∑

∑

∑

1

1

1

1

2

1

2

1 1 2

101325 101325

2

. . , , ∆η 2 [Eq. 5]

Where:

Eepisode = Emissions, kg/episode. (Pi)T1, (Pi)T2 = Partial pressure (kPa) of

TOC or each organic HAP i in the

vessel headspace at initial (T1) and

final (T2) temperature. n = Number of organic HAP in stream.

Note: Summation not applicable if

TOC emissions are being estimated. ∆η = Number of kilogram-moles (kgmoles) of gas displaced, determined

in accordance with paragraph

(b)(4)(i)(B) of this section.

101.325 = Constant, kPa.

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

Weighted average molecular weight

of TOC or total organic HAP in the

displaced gas stream, determined in

accordance with paragraph

(b)(4)(i)(D) of this section, kg/kmol. (B) The moles of gas displaced, ∆η, is

calculated using Equation 6 of this

subpart.

∆η = 



 



 − 



 





















V

R

Pa

T

Pa

T

fs 1

1

2

2

[Eq. 6]

Where:

∆η = Number of kg-moles of gas

displaced. Vfs = Volume of free space in the

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

kmol·K.

Pa1 = Initial noncondensible gas

partial pressure in the vessel, kPa. Pa2 = Final noncondensible gas partial

pressure, kPa. T1 = Initial temperature of vessel, K.

T2 = Final temperature of vessel, K.

(C) The initial and final pressure of

the noncondensible gas in the vessel

shall be calculated using Equation 7 of

this subpart.

Pa Pi T

i

n

= − ( ) =101325 ∑

1

. [Eq. 7]

Where:

Pa = Initial or final partial pressure of

noncondensible gas in the vessel

headspace, kPa. 101.325 = Constant, kPa.

(Pi)T = Partial pressure of TOC or each

organic HAP i in the vessel

headspace, kPa, at the initial or

final temperature (T1 or T2). n = Number of organic HAP in stream.

Note: Summation not applicable if

TOC emissions are being estimated.

* * * * *

(ii) * * *

(B) * * *

(1) If the final temperature of the

heatup is at or lower than 5 K below the

boiling point, the final temperature for

the last increment shall be the final

temperature for the heatup, even if the

last increment is less than 5 K.

* * * * *

(5) The owner or operator may

estimate annual emissions for a batch

emission episode by direct

measurement. If direct measurement is

used, the owner or operator shall either

perform a test for the duration of a

representative batch emission episode

or perform a test during only those

periods of the batch emission episode

for which the emission rate for the

entire episode can be determined or for

which the emissions are greater than the

average emission rate of the batch

emission episode. The owner or

operator choosing either of these

options shall develop an emission

profile for the entire batch emission

episode, based on either process

knowledge or test data collected, to

demonstrate that test periods are

representative. Examples of information

that could constitute process knowledge

include calculations based on material

balances and process stoichiometry.

Previous test results may be used

provided the results are still relevant to

the current batch process vent

conditions. Performance tests shall

follow the procedures specified in

paragraphs (b)(5)(i) through (b)(5)(iii) of

this section. The procedures in either

paragraph (b)(5)(iv) or (b)(5)(v) of this

section shall be used to calculate the

emissions per batch emission episode.

* * * * *

(ii) Annual average batch vent flow

rate shall be determined as specified in

paragraph (e) of this section.

(iii) Method 18 or Method 25A, 40

CFR part 60, appendix A, shall be used

to determine the concentration of TOC

or organic HAP, as appropriate.

Alternatively, any other method or data

that has been validated according to the

applicable procedures in Method 301 of

appendix A of this part may be used.

The use of Method 25A, 40 CFR part 60,

appendix A shall conform with the

requirements in paragraphs (b)(5)(iii)(A)

and (b)(5)(iii)(B) of this section.

* * * * *

(iv) If an integrated sample is taken

over the entire batch emission episode

to determine the average batch vent

concentration of TOC or total organic

HAP, emissions shall be calculated

using Equation 9 of this subpart.

E K C M AFR episode j j

j

n

= ( )( ) 













 ( ) =

∑

1

T Eq. 9] h [

Where:

Eepisode = Emissions, kg/episode.

K = Constant, 2.494 × 10¥6 (ppmv)¥1

(gm-mole/scm) (kg/gm) (min/hr),

where standard temperature is 20

°C.

Cj = Average batch vent concentration

of TOC or sample organic HAP

component j of the gas stream, dry

basis, ppmv.

Mj = Molecular weight of TOC or

sample organic HAP component j of

the gas stream, gm/gm-mole.

AFR = Average batch vent flow rate of

gas stream, dry basis, scmm.

38116 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

Th = Hours/episode

n = Number of organic HAP in stream.

Note: Summation not applicable if

TOC emissions are being estimated

using a TOC concentration

measured using Method 25A, 40

CFR part 60, appendix A.

(v) If grab samples are taken to

determine the average batch vent

concentration of TOC or total organic

HAP, emissions shall be calculated

according to paragraphs (b)(5)(v)(A) and

(b)(5)(v)(B) of this section.

(A) For each measurement point, the

emission rate shall be calculated using

Equation 10 of this subpart.

E K C M FR j j

j

n

point = Eq. 10]















=  ∑1

[

Where:

Epoint = Emission rate for individual

measurement point, kg/hr.

K = Constant, 2.494 × 10¥¥6

(ppmv)¥1 (gm-mole/scm) (kg/gm)

(min/hr), where standard

temperature is 20 °C.

Cj = Concentration of TOC or sample

organic HAP component j of the gas

stream, dry basis, ppmv.

Mj = Molecular weight of TOC or

sample organic HAP component j of

the gas stream, gm/gm-mole.

FR = Flow rate of gas stream for the

measurement point, dry basis,

scmm.

n = Number of organic HAP in stream.

Note: Summation not applicable if

TOC emissions are being estimated

using a TOC concentration

measured using Method 25A, 40

CFR part 60, appendix A.

* * * * *

(6) Engineering assessment may be

used to estimate emissions from a batch

emission episode, if the criteria in

paragraph (b)(6)(i) are met. Data or other

information used to demonstrate that

the criteria in paragraph (b)(6)(i) of this

section have been met shall be reported

as specified in paragraph (b)(6)(iii) of

this section. Paragraph (b)(6)(ii) of this

section defines engineering assessment,

for the purposes of estimating emissions

from a batch emissions episode. All

data, assumptions, and procedures used

in an engineering assessment shall be

documented.

(i) If the criteria specified in

paragraph (b)(6)(i)(A), (B), or (C) are met

for a specific batch emission episode,

the owner or operator may use

engineering assessment, as described in

paragraph (b)(6)(ii) of this section, to

estimate emissions from that batch

emission episode, and the owner or

operator is not required to use the

emissions estimation equations

described in paragraphs (b)(1) through

(b)(4) of this section to estimate

emissions from that batch emission

episode.

(A) Previous test data, where the

measurement of organic HAP or TOC

emissions was an outcome of the test,

show a greater than 20 percent

discrepancy between the test value and

the value estimated using the applicable

equations in paragraphs (b)(1) through

(b)(4) of this section. Paragraphs

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

describe test data that will be acceptable

under this paragraph (b)(6)(i)(A).

(1) Test data for the batch emission

episode obtained during production of

the product for which the

demonstration is being made.

(2) Test data obtained for a batch

emission episode from another process

train, where the test data were obtained

during production of the product for

which the demonstration is being made.

Test data from another process train

may be used only if the owner or

operator can demonstrate that the data

are representative of the batch emission

episode for which the demonstration is

being made, taking into account the

nature, size, operating conditions,

production rate, and sequence of

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

etc.) of the equipment in the other

process train.

(B) Previous test data obtained during

the production of the product for which

the demonstration is being made, for the

batch emission episode with the highest

organic HAP emissions on a mass basis,

show a greater than 20 percent

discrepancy between the test value and

the value estimated using the applicable

equations in paragraphs (b)(1) through

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

this paragraph (b)(6)(i)(B) are met, then

engineering assessment may be used for

all batch emission episodes associated

with that batch cycle for the batch unit

operation.

(C) The owner or operator has

requested and been granted approval to

use engineering assessment to estimate

emissions from a batch emissions

episode. The request to use engineering

assessment to estimate emissions from a

batch emissions episode shall contain

sufficient information and data to

demonstrate to the Administrator that

engineering assessment is an accurate

means of estimating emissions for that

particular batch emissions episode. The

request to use engineering assessment to

estimate emissions for a batch emissions

episode shall be submitted in the

Precompliance Report required under

§ 63.506(e)(3).

(ii) Engineering assessment includes,

but is not limited to, the following:

(A) Previous test results, provided the

tests are representative of current

operating practices;

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

obtained under conditions

representative of current process

operating conditions;

(C) Flow rate, TOC emission rate, or

organic HAP emission rate specified or

implied within a permit limit applicable

to the batch process vent; and

(D) Design analysis based on accepted

chemical engineering principles,

measurable process parameters, or

physical or chemical laws or properties.

Examples of analytical methods include,

but are not limited to:

(1) Use of material balances;

(2) Estimation of flow rate based on

physical equipment design such as

pump or blower capacities;

(3) Estimation of TOC or organic HAP

concentrations based on saturation

conditions; and

(4) Estimation of TOC or organic HAP

concentrations based on grab samples of

the liquid or vapor.

(iii) Data or other information used to

demonstrate that the criteria in

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

been met shall be reported as specified

in paragraphs (b)(6)(iii)(A) and

(b)(6)(iii)(B) of this section.

(A) Data or other information used to

demonstrate that the criteria in

paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of

this section have been met shall be

reported in the Notification of

Compliance Status, as required in

§ 63.1327(a)(6).

(B) The request for approval to use

engineering assessment to estimate

emissions from a batch emissions

episode as allowed under paragraph

(b)(6)(i)(C) of this section, and sufficient

data or other information for

demonstrating to the Administrator that

engineering assessment is an accurate

means of estimating emissions for that

particular batch emissions episode shall

be submitted with the Precompliance

Report, as required in § 63.1335(e)(3).

* * * * *

(9) Individual HAP partial pressures

in multicomponent systems shall be

determined using the appropriate

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

through (b)(9)(iii) of this section.

(i) If the components are miscible, use

Raoult’s law to calculate the partial

pressures;

(ii) If the solution is a dilute aqueous

mixture, use Henry’s law constants to

calculate partial pressures;

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

not appropriate or available, the owner

or operator may use any of the options

in paragraphs (b)(9)(iii)(A), (B), or (C) of

this section.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38117

(A) Experimentally obtained activity

coefficients, Henry’s law constants, or

solubility data;

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

coefficients; or

(C) Assume the components of the

system behave independently and use

the summation of all vapor pressures

from the HAPs as the total HAP partial

pressure.

* * * * *

(d) Minimum emission level

exemption. A batch process vent with

annual emissions of TOC or organic

HAP less than 11,800 kg/yr is

considered a Group 2 batch process vent

and the owner or operator of said batch

process vent shall comply with the

requirements in § 63.1322(f) or (g).

Annual emissions of TOC or organic

HAP are determined at the exit of the

batch unit operation, as described in

paragraph (a)(2) of this section, and are

determined as specified in paragraph (b)

of this section. The owner or operator of

said batch process vent is not required

to comply with the provisions in

paragraphs (e) through (g) of this

section.

(e) Determination of average batch

vent flow rate and annual average batch

vent flow rate. The owner or operator

shall determine the average batch vent

flow rate for each batch emission

episode in accordance with one of the

procedures provided in paragraphs

(e)(1) through (e)(2) of this section. The

annual average batch vent flow rate for

a batch process vent shall be calculated

as specified in paragraph (e)(3) of this

section.

(1) Determination of the average batch

vent flow rate for a batch emission

episode by direct measurement shall be

made using the procedures specified in

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

this section.

(i) The volumetric flow rate (FRi) for

a batch emission episode, in standard

cubic meters per minute (scmm) at 20°C,

shall be determined using Method 2,

2A, 2C, or 2D, 40 CFR part 60, appendix

A, as appropriate.

* * * * *

(iii) The average batch vent flow rate

for a batch emission episode shall be

calculated using Equation 14 of this

subpart.

AFR

FR

n episode

i

i

n

= =

∑

1 [Eq. 14]

Where:

AFRepisode = Average batch vent flow

rate for the batch emission episode,

scmm.

FRi = Flow rate for individual

measurement i, scmm.

n = Number of flow rate

measurements taken during the

batch emission episode.

(2) The average batch vent flow rate

for a batch emission episode may be

determined by engineering assessment,

as defined in paragraph (b)(6)(i) of this

section. All data, assumptions, and

procedures used shall be documented.

(3) The annual average batch vent

flow rate for a batch process vent shall

be calculated using Equation 15 of this

subpart.

AFR

DUR AFR

DUR

i

i

n

i

i

n =

( )( )

( )

=

=

∑

∑

episode, i

[Eq. 15] 1

1

Where:

AFR = Annual average batch vent

flow rate for the batch process vent,

scmm.

DURi = Duration of type i batch

emission episodes annually, hrs/yr.

AFRepisode,i = Average batch vent flow

rate for type i batch emission

episode, scmm.

n = Number of types of batch

emission episodes venting from the

batch process vent.

* * * * *

(g) Group 1/Group 2 status

determination. The owner or operator

shall compare the cutoff flow rate,

calculated in accordance with paragraph

(f) of this section, with the annual

average batch vent flow rate, determined

in accordance with paragraph (e)(3) of

this section. The group determination

status for each batch process vent shall

be made using the criteria specified in

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

section.

(1) If the cutoff flow rate is greater

than or equal to the annual average

batch vent flow rate of the stream, the

batch process vent is classified as a

Group 1 batch process vent.

(2) If the cutoff flow rate is less than

the annual average batch vent flow rate

of the stream, the batch process vent is

classified as a Group 2 batch process

vent.

(h) * * *

(1) * * *

(iii) Average concentration of organic

compounds containing halogens and

hydrogen halides as measured by

Method 26 or 26A, 40 CFR part 60,

appendix A.

* * * * *

(2) The annual mass emissions of

halogen atoms for a batch process vent

shall be calculated using Equation 17 of

this subpart.

E K C L M AFR avg j i j i

i

m

j

n

halogen j = ( )( )( ) Eq. 17]















= =  ∑∑ , , [1 1

Where:

Ehalogen = Mass of halogen atoms, dry

basis, kg/yr.

K = Constant, 0.022 (ppmv)¥1 (kgmole per scm) (minute/yr), where

standard temperature is 20 °C.

AFR = Annual average batch vent

flow rate of the batch process vent,

determined according to paragraph

(e) of this section, scmm.

Mj,i = Molecular weight of halogen

atom i in compound j, kg/kg-mole.

Lj,i = Number of atoms of halogen i in

compound j.

n = Number of halogenated

compounds j in the batch process

vent.

m = Number of different halogens i in

each compound j of the batch

process vent.

38118 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

Cavgj = Annual average batch vent

concentration of halogenated

compound j in the batch process

vent as determined by using

Equation 18 of this subpart, dry

basis, ppmv.

C

DUR C

DUR

avg

i

i

n

i

i

j n =

( )( )

( )

=

=

∑

∑

 i

[Eq. 18] 1

1

Where:

DURi = Duration of type i batch

emission episodes annually, hrs/yr.

Ci = Average batch vent concentration

of halogenated compound j in type

i batch emission episode, ppmv.

n = Number of types of batch

emission episodes venting from the

batch process vent.

* * * * *

(i) Process changes affecting Group 2

batch process vents. Whenever process

changes, as described in paragraph (i)(1)

of this section, are made that affect one

or more Group 2 batch process vents

and that could reasonably be expected

to change one or more Group 2 batch

process vents to Group 1 batch process

vents or that could reasonably be

expected to reduce the batch mass input

limitation for one or more Group 2 batch

process vents, the owner or operator

shall comply with paragraphs (i)(2) and

(3) of this section.

(1) Examples of process changes

include the changes listed in paragraphs

(i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this

section.

(i) For all batch process vents,

examples of process changes include,

but are not limited to, changes in

feedstock type or catalyst type; or

whenever there is replacement, removal,

or modification of recovery equipment

considered part of the batch unit

operation as specified in paragraph

(a)(2) of this section; or increases in

production capacity or production rate.

For purposes of this paragraph (i),

process changes do not include: Process

upsets; unintentional, temporary

process changes; and changes that are

within the margin of variation on which

the original group determination was

based.

(ii) For Group 2 batch process vents

where the group determination and

batch mass input limitation are based on

the expected mix of products, the

situations described in paragraphs

(i)(1)(ii)(A) and (B) of this section shall

be considered to be process changes.

(A) The production of combinations

of products not considered in

establishing the batch mass input

limitation.

(B) The production of a recipe of a

product with a total mass of HAP

charged to the reactor during the

production of a single batch of product

that is higher than the total mass of HAP

for the recipe used as the single highestHAP recipe for that product in the batch

mass input limitation determination.

(iii) For Group 2 batch process vents

where the group determination and

batch mass input limitation are based on

the single highest-HAP recipe

(considering all products produced or

processed in the batch unit operation),

the production of a recipe having a total

mass of HAP charged to the reactor

(during the production of a single batch

of product) that is higher than the total

mass of HAP for the highest-HAP recipe

used in the batch mass input limitation

determination shall be considered to be

a process change.

(2) For each batch process vent

affected by a process change, the owner

or operator shall redetermine the group

status by repeating the procedures

specified in paragraphs (b) through (g)

of this section, as applicable;

alternatively, engineering assessment, as

described in paragraph (b)(6)(i) of this

section, may be used to determine the

effects of the process change.

(3) Based on the results from

paragraph (i)(2) of this section, owners

or operators of affected sources shall

comply with either paragraph (i)(3)(i),

(ii), or (iii) of this section.

(i) If the group redetermination

described in paragraph (i)(2) of this

section indicates that a Group 2 batch

process vent has become a Group 1

batch process vent as a result of the

process change, the owner or operator

shall submit a report as specified in

§ 63.1327(b) and shall comply with the

Group 1 provisions in §§ 63.1322

through 63.1327 in accordance with

§ 63.1310(i)(2)(ii) or (i)(2)(iii), as

applicable.

(ii) If the redetermination described in

paragraph (i)(2) of this section indicates

that a Group 2 batch process vent with

annual emissions less than the level

specified in paragraph (d) of this

section, that is in compliance with

§ 63.1322(g), now has annual emissions

greater than or equal to the level

specified in paragraph (d) of this section

but remains a Group 2 batch process

vent, the owner or operator shall

comply with the provisions in

paragraphs (i)(3)(ii)(A) through (C) of

this section.

(A) Redetermine the batch mass input

limitation;

(B) Submit a report as specified in

§ 63.1327(c); and

(C) Comply with § 63.1322(f),

beginning with the year following the

submittal of the report submitted

according to paragraph (i)(3)(ii)(B) of

this section.

(iii) If the group redetermination

described in paragraph (i)(2) of this

section indicates no change in group

status or no change in the relation of

annual emissions to the levels specified

in paragraph (d) of this section, the

owner or operator shall comply with

paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B)

of this section.

(A) The owner or operator shall

redetermine the batch mass input

limitation; and

(B) The owner or operator shall

submit the new batch mass input

limitation in accordance with

§ 63.1327(c).

(j) Process changes to new SAN

affected sources using a batch process.

Whenever process changes, as described

in paragraph (j)(1) of this section, are

made to a new affected source

producing SAN using a batch process

that could reasonably be expected to

adversely impact the compliance status

(i.e., achievement of 84 percent

emission reduction) of the affected

source, the owner or operator shall

comply with paragraphs (j)(2) and (3) of

this section.

* * * * *

(3) Where the redetermined percent

reduction is less than 84 percent, the

owner or operator of the affected source

shall submit a report as specified in

§ 63.1327(d) and shall comply with

§ 63.1322(a)(3) and all associated

provisions in accordance with

§ 63.1310(i).

43. Section 63.1324 is amended by:

a. Revising the section title;

b. Revising paragraph (a) introductory

text;

c. Revising paragraph (a)(2);

d. Revising paragraph (c) introductory

text;

e. Revising paragraph (c)(4)(ii);

f. Revising paragraph (c)(7);

g. Revising paragraph (d) introductory

text;

h. Revising paragraph (e) introductory

text;

i. Revising paragraph (e)(2);

j. Revising paragraph (f)(1)

introductory text;

k. Revising paragraph (f)(1)(ii);

l. Revising paragraph (f)(3); and

m. Removing paragraph (e)(3).

The revisions read as follows:

§ 63.1324 Batch process vents—

monitoring equipment.

(a) General requirements. Each owner

or operator of a batch process vent or

aggregate batch vent stream that uses a

control device to comply with the

requirements in § 63.1322(a) or

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38119

§ 63.1322(b), shall install the monitoring

equipment specified in paragraph (c) of

this section. All monitoring equipment

shall be installed, calibrated,

maintained, and operated according to

manufacturer’s specifications or other

written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

* * * * *

(2) Except as otherwise provided in

this subpart, the owner or operator shall

operate control devices such that the

daily average of monitored parameters,

established as specified in paragraph (f)

of this section, remains above the

minimum level or below the maximum

level, as appropriate.

* * * * *

(c) Batch process vent and aggregate

batch vent stream monitoring

equipment. The monitoring equipment

specified in paragraphs (c)(1) through

(c)(8) of this section shall be installed as

specified in paragraph (a) of this

section. The parameters to be monitored

are specified in Table 7 of this subpart.

* * * * *

(4) * * *

(ii) A flow measurement device

equipped with a continuous recorder

shall be located at the scrubber influent

for liquid flow. Gas stream flow shall be

determined using one of the procedures

specified in paragraphs (c)(4)(ii)(A)

through (c)(4)(ii)(C) of this section.

(A) The owner or operator may

determine gas stream flow using the

design blower capacity, with

appropriate adjustments for pressure

drop.

(B) If the scrubber is subject to

regulations in 40 CFR parts 264 through

266 that have required a determination

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

the applicable compliance date for this

subpart, the owner or operator may

determine gas stream flow by the

method that had been utilized to

comply with those regulations. A

determination that was conducted prior

to the compliance date for this subpart

may be utilized to comply with this

subpart if it is still representative.

(C) The owner or operator may

prepare and implement a gas stream

flow determination plan that documents

an appropriate method which will be

used to determine the gas stream flow.

The plan shall require determination of

gas stream flow by a method which will

at least provide a value for either a

representative or the highest gas stream

flow anticipated in the scrubber during

representative operating conditions

other than start-ups, shutdowns, or

malfunctions. The plan shall include a

description of the methodology to be

followed and an explanation of how the

selected methodology will reliably

determine the gas stream flow, and a

description of the records that will be

maintained to document the

determination of gas stream flow. The

owner or operator shall maintain the

plan as specified in § 63.1335(a).

* * * * *

(7) Where a carbon adsorber is used,

an integrating regeneration steam flow

or nitrogen flow, or pressure monitoring

device having an accuracy of ±10

percent of the flow rate, level, or

pressure, or better, capable of recording

the total regeneration steam flow or

nitrogen flow, or pressure (gauge or

absolute) for each regeneration cycle;

and a carbon bed temperature

monitoring device, capable of recording

the carbon bed temperature after each

regeneration and within 15 minutes of

completing any cooling cycle are

required.

* * * * *

(d) Alternative monitoring

parameters. An owner or operator of a

batch process vent or aggregate batch

vent stream may request approval to

monitor parameters other than those

required by paragraph (c) of this section.

The request shall be submitted

according to the procedures specified in

§ 63.1327(f) and § 63.1335(f). Approval

shall be requested if the owner or

operator:

* * * * *

(e) Monitoring of bypass lines. Owners

or operators of a batch process vent or

aggregate batch vent stream using a vent

system that contains bypass lines that

could divert emissions away from a

control device used to comply with

§ 63.1322(a) or § 63.1322(b) shall

comply with either paragraph (e)(1) or

(e)(2) of this section. Equipment such as

low leg drains, high point bleeds,

analyzer vents, open-ended valves or

lines, and pressure relief valves needed

for safety purposes are not subject to

this paragraph (e).

* * * * *

(2) Secure the bypass line damper or

valve in the non-diverting position with

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

configuration. A visual inspection of the

seal or closure mechanism shall be

performed at least once every month to

ensure that the damper or valve is

maintained in the non-diverting

position and emissions are not diverted

through the bypass line. Records shall

be generated as specified in

§ 63.1326(e)(4).

(f)* * *

(1) For each parameter monitored

under paragraph (c) or (d) of this

section, the owner or operator shall

establish a level, defined as either a

maximum or minimum operating

parameter as denoted in Table 8 of this

subpart, that indicates proper operation

of the control device. The level shall be

established in accordance with the

procedures specified in § 63.1334. The

level may be based upon a prior

performance test conducted for

determining compliance with a

regulation promulgated by EPA, and the

owner or operator is not required to

conduct a performance test under

§ 63.1325, provided that the prior

performance test meets the conditions of

§ 63.1325(b)(3).

* * * * *

(ii) For aggregate batch vent streams

using a control device to comply with

§ 63.1322(b)(2), the established level

shall reflect the applicable emission

reduction requirement specified in

§ 63.1322(b)(2).

* * * * *

(3) The operating day shall be defined

as part of establishing the parameter

monitoring level and shall be submitted

with the information in paragraph (f)(2)

of this section. The definition of

operating day shall specify the time(s) at

which an operating day begins and

ends. The operating day shall not

exceed 24 hours.

* * * * *

44. Section 63.1325 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b) introductory

text;

c. Revising paragraph (b)(3);

d. Revising paragraph (b)(5);

e. Revising paragraph (c) introductory

text;

f. Revising paragraph (c)(1)(i)(A);

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

introductory text;

h. Revising paragraph (c)(1)(i)(C);

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

introductory text;

j. Revising paragraph (c)(1)(ii);

k. Revising paragraph (c)(1)(iii)

introductory text;

l. Revising paragraph (c)(1)(iii)(A);

m. Revising paragraph (c)(1)(v);

n. Revising paragraph (c)(2)

introductory text;

o. Revising paragraph (d)(1);

p. Revising paragraph (d)(2)(ii);

q. Revising paragraphs (d)(3) and

(d)(4);

r. Revising paragraph (e);

s. Revising paragraph (g); and

t. Removing paragraph (b)(6).

The revisions read as follows:

§ 63.1325 Batch process vents—

performance test methods and procedures

to determine compliance.

(a) Use of a flare. When a flare is used

to comply with § 63.1322(a)(1),

38120 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

§ 63.1322(a)(3), § 63.1322(b)(1), or

§ 63.1322(b)(3), the owner or operator of

an affected source shall comply with

§ 63.1333(e).

(b) Exceptions to performance tests.

An owner or operator is not required to

conduct a performance test when a

control device specified in paragraphs

(b)(1) through (b)(5) of this section is

used to comply with § 63.1322(a)(2) or

(a)(3).

* * * * *

(3) A control device for which a

performance test was conducted for

determining compliance with a

regulation promulgated by the EPA and

the test was conducted using the same

Methods specified in this section and

either no deliberate process changes

have been made since the test, or the

owner or operator can demonstrate that

the results of the performance test, with

or without adjustments, reliably

demonstrate compliance despite process

changes. Recovery devices used for

controlling emissions from continuous

process vents complying with

§ 63.1322(a)(3) are also eligible for the

exemption described in this paragraph

(b)(3).

* * * * *

(5) A hazardous waste incinerator for

which the owner or operator has been

issued a final permit under 40 CFR part

270 and complies with the requirements

of 40 CFR part 264, subpart O, or has

certified compliance with the interim

status requirements of 40 CFR part 265,

subpart O.

(c) Batch process vent testing and

procedures for compliance with

§ 63.1322(a)(2). Except as provided in

paragraph (a) or (b) of this section, an

owner or operator using a control device

to comply with § 63.1322(a)(2) shall

conduct a performance test using the

procedures specified in paragraph (c)(1)

of this section in order to determine the

control efficiency of the control device.

An owner or operator shall determine

the percent reduction for the batch cycle

using the control efficiency of the

control device as specified in

paragraphs (c)(2)(i) through (c)(2)(iii) of

this section and the procedures

specified in paragraph (c)(2) of this

section. Compliance may be based on

either total organic HAP or TOC. For

purposes of this paragraph (c), the term

‘‘batch emission episode’’ shall have the

meaning ‘‘period of the batch emission

episode selected for control,’’ which

may be the entire batch emission

episode or may only be a portion of the

batch emission episode.

(1)* * *

(i) * * *

(A) Alternatively, an owner or

operator may choose to test only those

periods of the batch emission episode

during which the emission rate for the

entire episode can be determined or

during which the emissions are greater

than the average emission rate of the

batch emission episode. The owner or

operator choosing either of these

options shall develop an emission

profile for the entire batch emission

episode, based on either process

knowledge or test data collected, to

demonstrate that test periods are

representative. Examples of information

that could constitute process knowledge

include calculations based on material

balances and process stoichiometry.

Previous test results may be used

provided the results are still relevant to

the current batch process vent

conditions.

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

appendix A, as appropriate, shall be

used for selection of the sampling sites

if the flow measuring device is a pitot

tube, except that references to

particulate matter in Method 1A do not

apply for the purposes of this subpart.

No traverse is necessary when Method

2A or 2D, 40 CFR part 60, appendix A

is used to determine gas stream

volumetric flow rate. Inlet sampling

sites shall be located as specified in

paragraphs (c)(1)(i)(B)(1) and

(c)(1)(i)(B)(2) of this section. Outlet

sampling sites shall be located at the

outlet of the control device prior to

release to the atmosphere.

* * * * *

(C) Gas stream volumetric flow rate

and/or average batch vent flow rate shall

be determined as specified in

§ 63.1323(e).

(D) Method 18 or Method 25A, 40

CFR part 60, appendix A shall be used

to determine the concentration of

organic HAP or TOC, as appropriate.

Alternatively, any other method or data

that has been validated according to the

applicable procedures in Method 301 of

appendix A of this part may be used.

The use of Method 25A, 40 CFR part 60,

appendix A shall conform with the

requirements in paragraphs

(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this

section.

* * * * *

(ii) If an integrated sample is taken

over the entire test period to determine

average batch vent concentration of TOC

or total organic HAP, emissions per

batch emission episode shall be

calculated using Equations 19 and 20 of

this subpart.

E K C M AFR episode inlet j inlet j

j

n

, , inlet = ( )( ) [

















( ) ( ) =

∑

1

 T Eq. 19] h

E K C M AFR episode outlet j outlet j

j

n

, , outlet = ( )( ) [

















( ) ( ) =

∑

1

 T Eq. 20] h

Where:

Eepisode=Inlet or outlet emissions, kg/

episode.

K=Constant, 2.494×10¥6 (ppmv)¥1

(gm-mole/scm) (kg/gm) (min/hr),

where standard temperature is 20

°C.

Cj=Average inlet or outlet

concentration of TOC or sample

organic HAP component j of the gas

stream for the batch emission

episode, dry basis, ppmv.

Mj=Molecular weight of TOC or

sample organic HAP component j of

the gas stream, gm/gm-mole.

AFR = Average inlet or outlet flow

rate of gas stream for the batch

emission episode, dry basis, scmm.

Th=Hours/episode.

n=Number of organic HAP in stream.

Note: Summation is not applicable

if TOC emissions are being

estimated using a TOC

concentration measured using

Method 25A, 40 CFR part 60,

appendix A.

(iii) If grab samples are taken to

determine average batch vent

concentration of TOC or total organic

HAP, emissions shall be calculated

according to paragraphs (c)(1)(iii)(A)

and (B) of this section.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38121

(A) For each measurement point, the

emission rates shall be calculated using

Equations 21 and 22 of this subpart.

E K C M FR inlet j j

j

n

point inlet Eq. 21] , = [















=  ∑1

E K C M FR outlet j j

j

n

point outlet Eq. 22] , = [















=  ∑1

Where:

Epoint=Inlet or outlet emission rate for

the measurement point, kg/hr.

K=Constant, 2.494 × 10¥6 (ppmv)¥1

(gm-mole/scm) (kg/gm) (min/hr),

where standard temperature is 20

minus;oC.

Cj=Inlet or outlet concentration of

TOC or sample organic HAP

component j of the gas stream, dry

basis, ppmv.

Mj=Molecular weight of TOC or

sample organic HAP component j of

the gas stream, gm/gm-mole.

FR=Inlet or outlet flow rate of gas

stream for the measurement point,

dry basis, scmm.

n=Number of organic HAP in stream.

Note: Summation is not applicable

if TOC emissions are being

estimated using a TOC

concentration measured using

Method 25A, 40 CFR part 60,

appendix A.

* * * * *

(v) If the batch process vent entering

a boiler or process heater with a design

capacity less than 44 megawatts is

introduced with the combustion air or

as a secondary fuel, the weight-percent

reduction of total organic HAP or TOC

across the device shall be determined by

comparing the TOC or total organic HAP

in all combusted batch process vents

and primary and secondary fuels with

the TOC or total organic HAP,

respectively, exiting the combustion

device.

(2) The percent reduction for the

batch cycle shall be determined using

Equation 26 of this subpart and the

control device efficiencies specified in

paragraphs (c)(2)(i) through (c)(2)(iii) of

this section. All information used to

calculate the batch cycle percent

reduction, including a definition of the

batch cycle identifying all batch

emission episodes, shall be recorded as

specified in § 63.1326(b)(2). This

information shall include identification

of those batch emission episodes, or

portions thereof, selected for control.

PR =

E

E

[Eq. 26]

unc

i=1

n

unc

i=1

n

+ −− ( )

+

= =

=

∑ ∑ ∑

∑ ∑

E RE

E

inlet con inlet con

i

n

i

n

inlet con

i

n

, ,

,

( )

1

100 1 1

1

Where:

PR = Percent reduction

Eunc = Mass rate of TOC or total

organic HAP for uncontrolled batch

emission episode i, kg/hr.

Einlet,con = Mass rate of TOC or total

organic HAP for controlled batch

emission episode i at the inlet to the

control device, kg/hr.

R = Control efficiency of control

device as specified in paragraphs

(c)(2)(i) through (c)(2)(iii) of this

section.

n = Number of uncontrolled batch

emission episodes, controlled batch

emission episodes, and control

devices. The value of n is not

necessarily the same for these three

items.

* * * * *

(d) * * *

(1) Sampling sites shall be located at

the inlet and outlet of the scrubber or

other halogen reduction device used to

reduce halogen emissions in complying

with § 63.1322(c)(1) or at the outlet of

the halogen reduction device used to

reduce halogen emissions in complying

with § 63.1322(c)(2).

(2) * * *

(ii) Gas stream volumetric flow rate

and/or average batch vent flow rate shall

be determined as specified in

§ 63.1323(e).

(3) To determine compliance with the

percent reduction specified in

§ 63.1322(c)(1), the mass emissions for

any hydrogen halides and halogens

present at the inlet of the scrubber or

other halogen reduction device shall be

summed together. The mass emissions

of any hydrogen halides or halogens

present at the outlet of the scrubber or

other halogen reduction device shall be

summed together. Percent reduction

shall be determined by subtracting the

outlet mass emissions from the inlet

mass emissions and then dividing the

result by the inlet mass emissions and

multiplying by 100.

(4) To determine compliance with the

emission limit specified in

§ 63.1322(c)(2), the annual mass

emissions for any hydrogen halides and

halogens present at the outlet of the

halogen reduction device and prior to

any combustion device shall be summed

together and compared to the emission

limit specified in § 63.1322(c)(2).

* * * * *

(e) Aggregate batch vent stream

testing for compliance with

§ 63.1322(b)(2) or (b)(3). Except as

specified in paragraphs (e)(1) through

(e)(3) of this section, owners or

operators of aggregate batch vent

streams complying with § 63.1322(b)(2)

or (b)(3) shall conduct a performance

test using the performance testing

procedures for continuous process vents

in § 63.116(c).

(1) For purposes of this subpart, when

the provisions of § 63.116(c) specify that

Method 18, 40 CFR part 60, appendix A,

shall be used, Method 18 or Method

25A, 40 CFR part 60, appendix A, may

be used. The use of Method 25A, 40

38122 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

CFR part 60, appendix A, shall conform

with the requirements in paragraphs

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

(i) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A, shall be the single

organic HAP representing the largest

percent by volume of the emissions.

(ii) The use of Method 25A, 40 CFR

part 60, appendix A, is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(2) When § 63.116(c)(4) refers to

complying with an emission reduction

of 98 percent, for purposes of this

subpart, the 90 percent reduction

requirement specified in § 63.1322(b)(2)

shall apply.

* * * * *

(g) Batch mass input limitation. The

batch mass input limitation required by

§ 63.1322(g)(1) shall be determined by

the owner or operator such that annual

emissions for the batch process vent

remain less than the level specified in

§ 63.1323(d). The batch mass input

limitation required by § 63.1322(f)(1)

shall be determined by the owner or

operator such that annual emissions

remain at a level that ensures that said

batch process vent remains a Group 2

batch process vent, given the actual

annual flow rate for said batch process

vent determined according to the

procedures specified in § 63.1323(e)(3).

The batch mass input limitation shall be

determined using the same basis, as

described in § 63.1323(a)(1), used to

make the group determination (i.e.,

expected mix of products or highestHAP recipe.) The establishment of the

batch mass input limitation is not

dependent upon any past production or

activity level.

(1) If the expected mix of products

serves as the basis for the batch mass

input limitation, the batch mass input

limitation shall be determined based on

any foreseeable combination of products

that the owner or operator expects to

manufacture.

(2) If the single highest-HAP recipe

serves as the basis for the batch mass

input limitation, the batch mass input

limitation shall be determined based

solely on the production of the single

highest-HAP recipe, considering all

products produced or processed in the

batch unit operation.

45. Section 63.1326 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraphs (a)(1) and

(a)(2);

c. Revising paragraph (a)(3)(i);

d. Revising paragraph (a)(4);

e. Revising paragraphs (a)(7) through

(a)(9);

f. Revising paragraph (b) introductory

text;

g. Revising paragraph (b)(2);

h. Revising paragraphs (b)(3)(ii) and

(b)(3)(iii);

i. Revising paragraph (b)(4)(iv);

j. Revising paragraphs (d)(1) and

(d)(2);

k. Revising paragraph (e) introductory

text;

l. Revising paragraphs (e)(1)(i) and

(e)(1)(ii);

m. Revising paragraph (e)(2)

introductory text;

n. Revising paragraph (e)(2)(ii);

o. Revising paragraph (e)(4);

p. Revising paragraph (f); and

q. Adding paragraph (g).

The revisions and additions read as

follows:

§ 63.1326 Batch process vents—

recordkeeping provisions.

(a) Group determination records for

batch process vents. Except as provided

in paragraphs (a)(7) and (a)(8) of this

section, each owner or operator of an

affected source shall maintain the

records specified in paragraphs (a)(1)

through (a)(6) of this section for each

batch process vent subject to the group

determination procedures of § 63.1323.

Except for paragraph (a)(1) of this

section, the records required by this

paragraph (a) are restricted to the

information developed and used to

make the group determination under

§§ 63.1323(b) through 63.1323(g), as

appropriate. If an owner or operator did

not need to develop certain information

(e.g., annual average batch vent flow

rate) to determine the group status, this

paragraph (a) does not require that

additional information be developed.

Paragraph (a)(9) of this section specifies

the recordkeeping requirements for

Group 2 batch process vents that are

exempt from the batch mass input

limitation provisions, as allowed under

§ 63.1322(h).

(1) An identification of each unique

product that has emissions from one or

more batch emission episodes venting

from the batch process vent, along with

an identification of the single highestHAP recipe for each product and the

mass of HAP fed to the reactor for that

recipe.

(2) A description of, and an emission

estimate for, each batch emission

episode, and the total emissions

associated with one batch cycle, as

described in either paragraph (a)(2)(i) or

(a)(2)(ii) of this section, as appropriate.

(i) If the group determination is based

on the expected mix of products,

records shall include the emission

estimates for the single highest-HAP

recipe of each unique product identified

in paragraph (a)(1) of this section that

was considered in making the group

determination under § 63.1323.

(ii) If the group determination is based

on the single highest-HAP recipe

(considering all products produced or

processed in the batch unit operation),

records shall include the emission

estimates for the single highest-HAP

recipe.

(3) * * *

(i) For Group 2 batch process vents,

said emissions shall be determined at

the batch mass input limitation.

* * * * *

(4) The annual average batch vent

flow rate for the batch process vent,

determined in accordance with

§ 63.1323(e).

* * * * *

(7) If a batch process vent is subject

to § 63.1322(a) or (b), none of the

records in paragraphs (a)(1) through

(a)(6) of this section are required.

(8) If the total annual emissions from

the batch process vent during the group

determination are less than the

appropriate level specified in

§ 63.1323(d), only the records in

paragraphs (a)(1) through (a)(3) of this

section are required.

(9) For each Group 2 batch process

vent that is exempt from the batch mass

input limitation provisions because it

meets the criteria of § 63.1322(h), the

records specified in paragraphs (a)(9)(i)

and (ii) shall be maintained.

(i) Documentation of the maximum

design capacity of the TPPU; and

(ii) The mass of HAP or material that

can be charged annually to the batch

unit operation at the maximum design

capacity.

(b) Compliance demonstration

records. Each owner or operator of a

batch process vent or aggregate batch

vent stream complying with § 63.1322(a)

or (b), shall keep the following records,

as applicable, readily accessible:

* * * * *

(2) If the owner or operator of a batch

process vent has chosen to comply with

§ 63.1322(a)(2), records documenting

the batch cycle percent reduction as

specified in § 63.1325(c)(2); and

(3) * * *

(ii) All visible emission readings, heat

content determinations, flow rate

measurements, and exit velocity

determinations made during the

compliance determination required by

§ 63.1333(e); and

(iii) Periods when all pilot flames

were absent.

(4) * * *

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38123

(iv) For a scrubber or other halogen

reduction device following a

combustion device to control

halogenated batch process vents or

halogenated aggregate batch vent

streams, the percent reduction of total

hydrogen halides and halogens as

determined under § 63.1325(d)(3) or the

emission limit determined under

§ 63.1325(d)(4).

* * * * *

(d) * * *

(1) The owner or operator of a Group

2 batch process vent that has chosen to

comply with § 63.1322(g) shall keep the

following records readily accessible:

(i) Records designating the established

batch mass input limitation required by

§ 63.1322(g)(1) and specified in

§ 63.1325(g).

(ii) Records specifying the mass of

HAP or material charged to the batch

unit operation.

(2) The owner or operator of a Group

2 batch process vent that has chosen to

comply with § 63.1322(f) shall keep the

following records readily accessible:

(i) Records designating the established

batch mass input limitation required by

§ 63.1322(f)(1) and specified in

§ 63.1325(g).

(ii) Records specifying the mass of

HAP or material charged to the batch

unit operation.

(e) Controlled batch process vent

continuous compliance records. Each

owner or operator of a batch process

vent that has chosen to use a control

device to comply with § 63.1322(a) shall

keep the following records, as

applicable, readily accessible:

(1) * * *

(i) For flares, the records specified in

Table 7 of this subpart shall be

maintained in place of continuous

records.

(ii) For carbon adsorbers, the records

specified in Table 7 of this subpart shall

be maintained in place of batch cycle

daily averages.

(2) Records of the batch cycle daily

average value of each continuously

monitored parameter, except as

provided in paragraph (e)(2)(iii) of this

section, as calculated using the

procedures specified in paragraphs

(e)(2)(i) and (e)(2)(ii) of this section.

* * * * *

(ii) Monitoring data recorded during

periods of monitoring system

breakdowns, repairs, calibration checks,

and zero (low-level) and high-level

adjustments shall not be included in

computing the batch cycle daily

averages. In addition, monitoring data

recorded during periods of nonoperation of the TPPU (or specific

portion thereof) resulting in cessation of

organic HAP emissions, or periods of

start-up, shutdown, or malfunction shall

not be included in computing the batch

cycle daily averages.

* * * * *

(4) Where a seal or closure

mechanism is used to comply with

§ 63.1324(e)(2), hourly records of

whether a diversion was detected at any

time are not required. The owner or

operator shall record whether the

monthly visual inspection of the seals or

closure mechanisms has been done, and

shall record the occurrence of all

periods when the seal mechanism is

broken, the bypass line damper or valve

position has changed, or the key for a

lock-and-key type configuration has

been checked out, and records of any

car-seal that has broken.

* * * * *

(f) Aggregate batch vent stream

continuous compliance records. In

addition to the records specified in

paragraphs (b) and (c) of this section,

each owner or operator of an aggregate

batch vent stream using a control device

to comply with § 63.1322(b)(1) or (b)(2)

shall keep the following records readily

accessible:

(1) Continuous records of the

equipment operating parameters

specified to be monitored under

§ 63.1324(c) and listed in Table 7 of this

subpart, as applicable, or specified by

the Administrator in accordance with

§ 63.1327(f), as allowed under

§ 63.1324(d), with the exceptions listed

in (f)(1)(i) and (f)(1)(ii) of this section.

(i) For flares, the records specified in

Table 7 of this subpart shall be

maintained in place of continuous

records.

(ii) For carbon adsorbers, the records

specified in Table 7 of this subpart shall

be maintained in place of daily

averages.

(2) Records of the daily average value

of each continuously monitored

parameter for each operating day

determined according to the procedures

specified in § 63.1335(d).

(3) For demonstrating compliance

with the monitoring of bypass lines as

specified in § 63.1324(e), records as

specified in paragraphs (e)(3) or (e)(4) of

this section, as appropriate.

(g) Documentation supporting the

establishment of the batch mass input

limitation shall include the information

specified in paragraphs (g)(1) through

(g)(5) of this section, as appropriate.

(1) Identification of whether the

purpose of the batch mass input

limitation is to comply with

§ 63.1322(f)(1) or (g)(1).

(2) Identification of whether the batch

mass input limitation is based on the

single highest–HAP recipe (considering

all products) or on the expected mix of

products for the batch process vent as

allowed under § 63.1323(a)(1).

(3) Definition of the operating year,

for the purposes of determining

compliance with the batch mass input

limitation.

(4) If the batch mass input limitation

is based on the expected mix of

products, the owner or operator shall

provide documentation that describes as

many scenarios for differing mixes of

products (i.e., how many of each type of

product) as the owner or operator

desires the flexibility to accomplish.

Alternatively, the owner or operator

shall provide a description of the

relationship among the mix of products

that will allow a determination of

compliance with the batch mass input

limitation under any number of

scenarios.

(5) The mass of HAP or material

allowed to be charged to the batch unit

operation per year under the batch mass

input limitation.

46. Section 63.1327 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraph (b);

c. Revising paragraph (c) introductory

text;

d. Revising paragraph (c)(2);

e. Revising paragraph (d);

f. Revising paragraph (e);

g. Revising paragraph (g);

h. Removing paragraph (c)(3);

i. Adding paragraph (a)(5); and

j. Adding paragraph (a)(6).

The revisions and additions read as

follows:

§ 63.1327 Batch process vents—reporting

requirements.

(a) The owner or operator of a batch

process vent or aggregate batch vent

stream at an affected source shall submit

the information specified in paragraphs

(a)(1) through (a)(6) of this section, as

appropriate, as part of the Notification

of Compliance Status specified in

§ 63.1335(e)(5).

* * * * *

(5) For each Group 2 batch process

vent that is exempt from the batch mass

input limitation provisions because it

meets the criteria of § 63.1322(h), the

information specified in § 63.1326(a)(1)

through (3), and the information

specified in § 63.1326(a)(4) through (6)

as applicable, calculated at the

conditions specified in § 63.1322(h).

(6) When engineering assessment has

been used to estimate emissions from a

batch emissions episode and the criteria

specified in § 63.1323(b)(6)(i)(A) or (B)

have been met, the owner or operator

shall submit the information

38124 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

demonstrating that the criteria specified

in § 63.1323(b)(6)(i)(A) or (B) have been

met as part of the Notification of

Compliance Status required by

§ 63.1335(e)(5).

(b) Whenever a process change, as

defined in § 63.1323(i)(1), is made that

causes a Group 2 batch process vent to

become a Group 1 batch process vent,

the owner or operator shall notify the

Administrator and submit a description

of the process change within 180 days

after the process change is made or with

the next Periodic Report, whichever is

later. The owner or operator of an

affected source shall comply with the

Group 1 batch process vent provisions

in §§ 63.1321 through 63.1327 in

accordance with § 63.480(i)(2)(ii).

(c) Whenever a process change, as

defined in § 63.1323(i)(1), is made that

causes a Group 2 batch process vent

with annual emissions less than the

level specified in § 63.1323(d) for which

the owner or operator has chosen to

comply with § 63.1322(g) to have annual

emissions greater than or equal to the

level specified in § 63.1323(d) but

remains a Group 2 batch process vent,

or if a process change is made that

requires the owner or operator to

redetermine the batch mass input

limitation as specified in § 63.1323(i)(3),

the owner or operator shall submit a

report within 180 days after the process

change is made or with the next

Periodic Report, whichever is later. The

following information shall be

submitted:

* * * * *

(2) The batch mass input limitation

determined in accordance with

§ 63.1322(f)(1).

(d) Whenever a process change, as

defined in § 63.1323(j)(1), is made that

could potentially cause the percent

reduction for all process vents at a new

SAN affected source using a batch

process to be less than 84 percent, the

owner or operator shall notify the

Administrator and submit a description

of the process change within 180 days

after the process change is made or with

the next Periodic Report, whichever is

later. The owner or operator shall

comply with § 63.1322(a)(3) and all

associated provisions in accordance

with § 63.1310(i).

(e) The owner or operator is not

required to submit a report of a process

change if one of the conditions specified

in paragraphs (e)(1) or (e)(2) of this

section is met.

(1) The change does not meet the

description of a process change in

§ 63.1323(i) or (j).

(2) The redetermined group status

remains Group 2 for an individual batch

process vent with annual emissions

greater than or equal to the level

specified in § 63.1323(d) and the batch

mass input limitation does not decrease,

a Group 2 batch process vent with

annual emissions less than the level

specified in § 63.1323(d) complying

with § 63.1322(g) continues to have

emissions less than the level specified

in § 63.1323(d) and the batch mass input

limitation does not decrease, or the

achieved emission reduction remains at

84 percent or greater for new SAN

affected sources using a batch process.

* * * * *

(g) Owners or operators of affected

sources complying with § 63.1324(e),

shall comply with paragraph (g)(1) or

(g)(2) of this section, as appropriate.

(1) Submit reports of the times of all

periods recorded under § 63.1326(e)(3)

when the batch process vent is diverted

from the control device through a

bypass line, with the next Periodic

Report.

(2) Submit reports of all occurrences

recorded under § 63.1326(e)(4) in which

the seal mechanism is broken, the

bypass line damper or valve position

has changed, or the key to unlock the

bypass line damper or valve was

checked out, with the next Periodic

Report.

47. Section 63.1328 is revised to read

as follows:

§ 63.1328 Heat exchange systems

provisions.

(a) Except as specified in paragraph

(b) of this section, each owner or

operator of an affected source shall

comply with § 63.104, with the

differences noted in paragraphs (c)

through (h) of this section, for the

purposes of this subpart.

(b) The provisions of paragraph (a) of

this section do not apply to each process

contact cooling tower that is associated

with an existing affected source

manufacturing PET.

(c) When the term ‘‘chemical

manufacturing process unit’’ is used in

§ 63.104, the term ‘‘thermoplastic

product process unit’’ shall apply for

purposes of this subpart, with the

exception noted in paragraph (d) of this

section.

(d) When the phrase ‘‘a chemical

manufacturing process unit meeting the

conditions of § 63.100(b)(1) through

(b)(3) of this subpart, except for

chemical manufacturing process units

meeting the condition specified in

§ 63.100(c) of this subpart’’ is used in

§ 63.104(a), the term ‘‘a TPPU, except

for TPPUs meeting the condition

specified in § 63.1310(b)’’ shall apply

for purposes of this subpart.

(e) When § 63.104 refers to Table 4 of

subpart F of this part or Table 9 of

subpart G of this part, the owner or

operator is only required to consider

organic HAP listed on Table 6 of this

subpart, except for ethylene glycol

which need not be considered under

this section, for purposes of this

subpart.

(f) When § 63.104(c)(3) specifies the

monitoring plan retention requirements,

and when § 63.104(f)(1) refers to the

record retention requirements in

§ 63.103(c)(1), the requirements in

§§ 63.1335(a) and 63.1335(h) shall

apply, for purposes of this subpart.

(g) When § 63.104(f)(2) requires

information to be reported in the

Periodic Reports required by § 63.152(c),

the owner or operator shall instead

report the information specified in

§ 63.104(f)(2) in the Periodic Reports

required by § 63.1335(e)(6), for the

purposes of this subpart.

(h) The compliance date for heat

exchange systems subject to the

provisions of this section is specified in

§ 63.1311.

48. Section 63.1329 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (c) introductory

text;

c. Revising paragraphs (c)(1)(i)

through (c)(1)(iii); and

d. Revising paragraph (c)(2).

The revisions read as follows:

§ 63.1329 Process contact cooling towers

provisions.

(a) The owner or operator of each new

affected source that manufactures PET is

required to comply with paragraph (b)

of this section. The owner or operator of

each existing affected source that

manufactures PET using a continuous

terephthalic acid high viscosity multiple

end finisher process that utilizes a

process contact cooling tower shall

comply with paragraph (c) of this

section, and is not required to comply

with paragraph (b) of this section. The

compliance date for process contact

cooling towers subject to the provisions

of this section is specified in § 63.1311.

* * * * *

(c) Existing affected source

requirements. The owner or operator of

an existing affected source subject to

this section who manufactures PET

using a continuous terephthalic acid

high viscosity multiple end finisher

process, and who is subject or becomes

subject to 40 CFR part 60, subpart DDD,

shall maintain an ethylene glycol

concentration in the process contact

cooling tower at or below 4.0 percent by

weight averaged on a daily basis over a

rolling 14-day period of operating days.

Compliance with this paragraph (c)

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38125

shall be determined as specified in

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

section. It should be noted that

compliance with this paragraph (c) does

not exempt owners or operators from

complying with the provisions of

§ 63.1330 for those process wastewater

streams that are sent to the process

contact cooling tower.

(1) * * *

(i) At least one sample per operating

day shall be collected using the

procedures specified in 40 CFR

60.564(j)(1)(i). An average ethylene

glycol concentration by weight shall be

calculated on a daily basis over a rolling

14-day period of operating days. Each

daily average ethylene glycol

concentration so calculated constitutes a

performance test.

(ii) The owner or operator may elect

to reduce the sampling program to any

14 consecutive operating day period

once every two calendar months, if at

least seventeen consecutive 14-day

rolling average concentrations

immediately preceding the reduced

sampling program are each less than 1.2

weight percent ethylene glycol. If the

average concentration obtained over the

14 operating day sampling during the

reduced test period exceeds the upper

95 percent confidence interval

calculated from the most recent test

results in which no one 14-day average

exceeded 1.2 weight percent ethylene

glycol, then the owner or operator shall

reinstitute a daily sampling program.

The 95 percent confidence interval shall

be calculated as specified in paragraph

(c)(1)(iii) of this section. A reduced

program may be reinstituted if the

requirements specified in this paragraph

(c)(1)(ii) are met.

(iii) The upper 95 percent confidence

interval shall be calculated using the

Equation 27 of this subpart:

CI

X

n

nX X

n (n Eq

i

i

n

i i

i

n

i

n

95

1

2

1

2

1 = + 2

( ) −













−

= = =

∑ ∑ ∑ 1) [ . 27]

Where:

CI95 = 95 percent confidence interval

Xi = daily ethylene glycol

concentration for each operating

day used to calculate each 14-day

rolling average used in test results

to justify implementing the reduced

testing program.

n = number of ethylene glycol

concentrations.

(2) Measuring an alternative

parameter, such as carbon oxygen

demand or biological oxygen demand,

that is demonstrated to be directly

proportional to the ethylene glycol

concentration shall be allowed. Such

parameter shall be measured during the

initial 14-day performance test during

which the facility is shown to be in

compliance with the ethylene glycol

concentration standard whereby the

ethylene glycol concentration is

determined using the procedures

described in paragraph (c)(1) of this

section. The alternative parameter shall

be measured on a daily basis and the

average value of the alternative

parameter shall be calculated on a daily

basis over a rolling 14-day period of

operating days. Each daily average value

of the alternative parameter constitutes

a performance test.

* * * * *

49. Section 63.1330 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b); and

c. Adding paragraph (c).

The revisions and additions read as

follows:

§ 63.1330 Wastewater provisions.

(a) Except as specified in paragraphs

(d) and (e) of this section, the owner or

operator of each affected source shall

comply, as specified in paragraph (b) of

this section, with the requirements of

§§ 63.132 through 63.147 for each

process wastewater stream originating at

an affected source, with the

requirements of § 63.148 for leak

inspection provisions, and with the

requirements of § 63.149 for equipment

that is subject to § 63.149. Further, the

owner or operator of each affected

source shall comply with the

requirements of § 63.105(a) for

maintenance wastewater as specified in

paragraph (c) of this section.

(b) The owner or operator of each

affected source shall comply with the

requirements of §§ 63.132 through

63.149, with the differences noted in

paragraphs (b)(1) through (b)(22) of this

section for the purposes of this subpart.

(1) When the determination of

equivalence criteria in § 63.102(b) is

referred to in §§ 63.132, 63.133, and

63.137, the provisions in § 63.6(g) shall

apply for the purposes of this subpart.

(2) When the storage vessel

requirements contained in §§ 63.119

through 63.123 are referred to in

§§ 63.132 through 63.149, §§ 63.119

through 63.123 are applicable, with the

exception of the differences referred to

in § 63.1314, for the purposes of this

subpart.

(3) When § 63.146(a) requires the

submission of a request for approval to

monitor alternative parameters

according to the procedures specified in

§ 63.151(f) or (g), owners or operators

requesting to monitor alternative

parameters shall follow the procedures

specified in § 63.1335(f) for the

purposes of this subpart.

(4) When § 63.147(d) requires owners

or operators to keep records of the daily

average value of each continuously

monitored parameter for each operating

day as specified in § 63.152(f), owners

and operators shall instead keep records

of the daily average value of each

continuously monitored parameter as

specified in § 63.1335(d) for the

purposes of this subpart.

(5) When §§ 63.132 through 63.149

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

‘‘existing affected source,’’ as defined in

§ 63.1310(a), shall apply for the

purposes of this subpart.

(6) When §§ 63.132 through 63.149

refer to a ‘‘new source,’’ the term ‘‘new

affected source,’’ as defined in

§ 63.1310(a), shall apply for the

purposes of this subpart.

(7) When § 63.132(a) and (b) refer to

the ‘‘applicable dates specified in

§ 63.100 of subpart F of this part,’’ the

compliance dates specified in § 63.1311

shall apply for the purposes of this

subpart.

(8) The provisions of paragraphs

(b)(8)(i), (b)(8)(ii), and (b)(8)(iii) of this

section clarify the organic HAP that an

owner or operator shall consider when

complying with the requirements in

§§ 63.132 through 63.149.

(i) When §§ 63.132 through 63.149

refer to table 8 of compounds, the owner

or operator is only required to consider

1,3-butadiene for purposes of this

subpart.

(ii) When §§ 63.132 through 63.149

refer to table 9 of compounds, the owner

or operator is only required to consider

compounds that meet the definition of

organic HAP in § 63.1312 and that are

listed on table 9 of 40 CFR part 63, for

the purposes of this subpart, except for

ethylene glycol which need not be

considered.

38126 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(iii) When §§ 63.132 through 63.149

refer to compounds in table 36 of 40

CFR part 63, subpart G, or compounds

on List 1 and/or List 2, as listed on 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 § 63.1312

and that are listed in table 36 of 40 CFR

part 63, subpart G, for the purposes of

this subpart.

(9) Whenever §§ 63.132 through

63.149 refer to a ‘‘chemical

manufacturing process unit,’’ the term

‘‘thermoplastic product process unit,’’

(or TPPU) as defined in § 63.1312, shall

apply for the purposes of this subpart.

In addition, when § 63.149 refers to ‘‘a

chemical manufacturing process unit

that meets the criteria of § 63.100(b) of

subpart F of this part,’’ the term ‘‘a

TPPU as defined in § 63.1312(b)’’ shall

apply for the purposes of this subpart.

(10) Whenever §§ 63.132 through

63.149 refer to a Group 1 wastewater

stream or a Group 2 wastewater stream,

the definitions of these terms contained

in § 63.1312 shall apply for the purposes

of this subpart.

(11) When § 63.149(d) refers to

‘‘§ 63.100(f) of subpart F’’, the phrase

‘‘§ 63.1310(c)’’ shall apply for the

purposes of this subpart. In addition,

where § 63.149(d) states ‘‘and the item

of equipment is not otherwise exempt

from controls by the provisions of

subpart A, F, G, or H of this part’’, the

phrase ‘‘and the item of equipment is

not otherwise exempt from controls by

the provisions of subparts A, F, G, H, or

JJJ of this part’’ shall apply for the

purposes of this subpart.

(12) When § 63.149(e)(1) and (e)(2)

refer to ‘‘a chemical manufacturing

process unit subject to the new source

requirements of 40 CFR § 63.100(l)(1) or

40 CFR § 63.100(l)(2),’’ the phrase ‘‘a

TPPU that is part of a new affected

source or that is a new affected source,’’

shall apply for the purposes of this

subpart.

(13) When the Notification of

Compliance Status requirements

contained in § 63.152(b) are referred to

in §§ 63.138 and 63.146, the Notification

of Compliance Status requirements

contained in § 63.1335(e)(5) shall apply

for the purposes of this subpart. In

addition, when §§ 63.132 through

63.149 require that information be

reported according to § 63.152(b) in the

Notification of Compliance Status, the

owner or operator of an affected source

shall report the specified information in

the Notification of Compliance Status

required by § 63.1335(e)(5) for the

purposes of this subpart.

(14) When the Periodic Report

requirements contained in § 63.152(c)

are referred to in § 63.146, the Periodic

Report requirements contained in

§ 63.1335(e)(6) shall apply for the

purposes of this subpart. In addition,

when §§ 63.132 through 63.149 require

that information be reported in the

Periodic Reports required in § 63.152(c),

the owner or operator of an affected

source shall report the specified

information in the Periodic Reports

required in § 63.1335(e)(6) for the

purposes of this subpart.

(15) When § 63.143(f) specifies that

owners or operators shall establish the

range that indicates proper operation of

the treatment process or control device,

the owner or operator shall instead

comply with the requirements of

§ 63.1334(c) or (d) for establishing

parameter level maximums/minimums

for the purposes of this subpart.

(16) When § 63.146(b)(7) and

§ 63.146(b)(8) require that ‘‘the

information on parameter ranges

specified in § 63.152(b)(2)’’ be reported

in the Notification of Compliance

Status, owners and operators of affected

sources are instead required to report

the information on parameter levels as

specified in § 63.1335(e)(5)(ii) for the

purposes of this subpart.

(17) When the term ‘‘range’’ is used in

§§ 63.132 through 63.149, the term

‘‘level’’ apply instead for the purposes

of this subpart. This level shall be

determined using the procedures

specified in § 63.1334.

(18) For the purposes of this subpart,

the owner or operator of an affected

source is not required to include process

wastewater streams that contain styrene

when conducting performance tests for

the purposes of calculating the required

mass removal (RMR) or the actual mass

removal (AMR) under the provisions

described in § 63.145(f) or § 63.145(g).

For purposes of this paragraph, a

process wastewater stream is considered

to contain styrene if the wastewater

stream meets the requirements in

paragraph (b)(18)(i), (ii), (iii), (iv), or (v)

of this section.

(i) The wastewater stream originates

at equipment that produces ABS or ABS

latex;

(ii) The wastewater stream originates

at equipment that produces EPS;

(iii) The wastewater stream originates

at equipment that produces MABS;

(iv) The wastewater stream originates

at equipment that produces MBS; or

(v) The wastewater stream originates

at equipment that produces SAN.

(19) When the provisions of

§ 63.139(c)(1)(ii), § 63.145(d)(4), or

§ 63.145(i)(2) specify that Method 18, 40

CFR part 60, appendix A, shall be used,

Method 18 or Method 25A, 40 CFR part

60, appendix A, may be used for the

purposes of this subpart. The use of

Method 25A, 40 CFR part 60, appendix

A, shall conform with the requirements

in paragraphs (b)(19)(i) and (b)(19)(ii) of

this section.

(i) The organic HAP used as the

calibration gas for Method 25A, 40 CFR

part 60, appendix A, shall be the single

organic HAP representing the largest

percent by volume of the emissions.

(ii) The use of Method 25A, 40 CFR

part 60, appendix A, is acceptable if the

response from the high-level calibration

gas is at least 20 times the standard

deviation of the response from the zero

calibration gas when the instrument is

zeroed on the most sensitive scale.

(20) In § 63.145(j), instead of the

reference to § 63.11(b), and instead of

§ 63.145(j)(1) and § 63.145(j)(2), the

requirements in § 63.1333(e) shall

apply.

(21) The owner or operator of a

facility which receives a Group 1

wastewater stream, or a residual

removed from a Group 1 wastewater

stream, for treatment pursuant to

§ 63.132(g) is subject to the

requirements of § 63.132(g) with the

differences identified in this section,

and is not subject to subpart DD of this

part with respect to that material.

(22) When § 63.132(g) refers to

‘‘§§ 63.133 through 63.137’’ or

‘‘§§ 63.133 through 63.147’’, the

provisions in this section 63.1330 shall

apply, for the purposes of this subpart.

(c) For each affected source, the

owner or operator shall comply with the

requirements for maintenance

wastewater in § 63.105, except that

when § 63.105(a) refers 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

§ 63.1312 and that are listed in table 9

of 40 CFR part 63, subpart G, except for

ethylene glycol which need not be

considered, for the purposes of this

subpart.

* * * * *

50. Section 63.1331 is amended by:

a. Revising paragraph (a) introductory

text;

b. Revising paragraph (a)(2);

c. Revising paragraphs (a)(4) and

(a)(5);

d. Revising paragraph (a)(6)

introductory text;

e. Revising paragraph (a)(6)(i);

f. Revising paragraphs (a)(6)(ii)(A) and

(a)(6)(ii)(B);

g. Revising paragraph (a)(7);

h. Revising paragraph (a)(8)

introductory text;

i. Revising paragraph (a)(10);

j. Revising paragraph (b);

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38127

k. Adding paragraphs (a)(6)(iii) and

(a)(6)(iv);

l. Adding paragraphs (a)(11) through

(a)(13); and

m. Removing and reserving paragraph

(a)(9).

The revisions and additions read as

follows:

§ 63.1331 Equipment leak provisions.

(a) Except as provided for in

paragraphs (b) and (c) of this section,

the owner or operator of each affected

source shall comply with the

requirements of subpart H of this part,

with the differences noted in paragraphs

(a)(1) through (a)(13) of this section.

* * * * *

(2) The compliance date for the

equipment leak provisions contained in

this section is provided in § 63.1311.

Whenever subpart H of this part refers

to the compliance dates specified in any

paragraph contained in § 63.100, the

compliance dates listed in § 63.1311(d)

shall instead apply, for the purposes of

this subpart. When § 63.182(c)(4) refers

to ‘‘sources subject to subpart F,’’ the

phrase ‘‘sources subject to this subpart’’

shall apply, for the purposes of this

subpart. In addition, extensions of

compliance dates are addressed by

§ 63.1311(e) instead of § 63.182(a)(6), for

the purposes of this subpart.

* * * * *

(4) As specified in § 63.1335(e)(5), the

Notification of Compliance Status

required by paragraphs § 63.182(a)(2)

and § 63.182(c) shall be submitted

within 150 days (rather than 90 days) of

the applicable compliance date

specified in § 63.1311 for the equipment

leak provisions.

(5) The information specified by

§ 63.182(a)(3) and § 63.182(d) (i.e.,

Periodic Reports) shall be submitted as

part of the Periodic Reports required by

§ 63.1335(e)(6).

(6) For pumps, valves, connectors,

and agitators in heavy liquid service;

pressure relief devices in light liquid or

heavy liquid service; and

instrumentation systems, owners or

operators of affected sources producing

PET shall comply with the requirements

of paragraphs (a)(6)(i) and (a)(6)(ii) of

this section instead of with the

requirements of § 63.169. Owners or

operators of PET affected sources shall

comply with all other provisions of

subpart H of this part for pumps, valves,

connectors, and agitators in heavy

liquid service; pressure relief devices in

light liquid or heavy liquid service; and

instrumentation systems, except as

specified in paragraphs (a)(6)(iii)

through (a)(6)(iv) of this section.

(i) A leak is determined to be detected

if there is evidence of a potential leak

found by visual, audible, or olfactory

means. Method 21, 40 CFR part 60,

appendix A may not be used to

determine the presence or absence of a

leak.

(ii)(A) When a leak is detected, it shall

be repaired as soon as practical, but not

later than 15 days after it is detected,

except as provided in § 63.171.

(B) The first attempt at repair shall be

made no later than 5 days after each

leak is detected.

* * * * *

(iii) An owner or operator is not

required to develop an initial list of

identification numbers as would

otherwise be required under

§ 63.181(b)(1)(i) or § 63.181(b)(4).

(iv) When recording the detection of

a leak under § 63.182(d)(1), the owner or

operator of an affected source shall

comply with paragraphs (a)(6)(iv)(A)

through (a)(6)(iv)(B) of this section.

(A) When complying with

§ 63.181(d)(1), provide an identification

number for the leaking equipment at the

time of recordkeeping. Further, the

owner or operator is not required to

record the identification number of the

instrument (i.e., Method 21 instrument)

because the use of Method 21 is not an

acceptable method for determining a

leak under this paragraph (a)(6).

(B) An owner or operator is not

required to comply with § 63.181(d)(4)

which requires a record of the

maximum instrument reading measured

by Method 21 of 40 CFR part 60,

appendix A.

(7) When § 63.166(b)(4)(i) refers to

Table 9 of subpart G of this part, the

owner or operator is only required to

consider organic HAP listed on Table 6

of this subpart for purposes of this

subpart, except for ethylene glycol

which need not be considered.

(8) When the provisions of subpart H

of this part specify that Method 18, 40

CFR part 60, appendix A, shall be used,

Method 18 or Method 25A, 40 CFR part

60, appendix A, may be used for the

purposes of this subpart. The use of

Method 25A, 40 CFR part 60, appendix

A, shall conform with the requirements

in paragraphs (a)(8)(i) and (a)(8)(ii) of

this section.

* * * * *

(9) [Reserved.]

(10) If specific items of equipment,

comprising part of a process unit subject

to this subpart, are managed by different

administrative organizations (e.g.,

different companies, affiliates,

departments, divisions, etc.), those

items of equipment may be aggregated

with any TPPU within the affected

source for all purposes under subpart H

of this part, providing there is no delay

in achieving the applicable compliance

date.

(11) When the terms ‘‘equipment’’ and

‘‘equipment leak’’ are used in subpart H

of this part, the definitions of these

terms in § 63.1312 shall apply for the

purposes of this subpart.

(12) The phrase ‘‘the provisions of

subparts F, I, or JJJ of this part’’ shall

apply instead of the phrase ‘‘the

provisions of subpart F or I of this part’’

throughout §§ 63.163 and 63.168, for the

purposes of this subpart. In addition,

the phrase ‘‘subparts F, I, and JJJ’’ shall

apply instead of the phrase ‘‘subparts F

and I’’ in § 63.174(c)(2)(iii), for the

purposes of this subpart.

(13) An owner or operator using a

flare to comply with the requirements of

this section shall conduct a compliance

demonstration as specified in

§ 63.1333(e).

(b) The provisions of this section do

not apply to each TPPU producing PET

using a process other than a continuous

terephthalic acid (TPA) high viscosity

multiple end finisher process that is

part of an affected source if all of the

equipment leak components subject to

this section § 63.1331 in the TPPU are

either in vacuum service or in heavy

liquid service.

(1) Owners and operators of a TPPU

exempted under paragraph (b) of this

section shall comply with paragraph

(b)(1)(i) or (b)(1)(ii) of this section.

(i) Retain information, data, and

analyses used to demonstrate that all of

the components in the exempted TPPU

are either in vacuum service or in heavy

liquid service. For components in

vacuum service, examples of

information that could document this

include, but are not limited to, analyses

of process stream composition and

process conditions, engineering

calculations, or process knowledge. For

components in heavy liquid service,

such documentation shall include an

analysis or demonstration that the

process fluids do not meet the criteria

of ‘‘in light liquid service’’ or ‘‘in gas or

vapor service.’’

(ii) When requested by the

Administrator, demonstrate that all of

the components in the TPPU are either

in vacuum service or in heavy liquid

service.

(2) If changes occur at a TPPU

exempted under paragraph (b) of this

section such that all of the components

in the TPPU are no longer either in

vacuum service or in heavy liquid

service (e.g., by either process changes

or the addition of new components), the

owner or operator of the affected source

shall comply with the provisions of this

section for all of the components at the

TPPU. The owner or operator shall

38128 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

submit a report within 180 days after

the process change is made or the

information regarding the process

change is known to the owner or

operator. This report may be included in

the next Periodic Report, as specified in

paragraph (a)(5) of this section. A

description of the process change shall

be submitted with this report.

* * * * *

51. Section 63.1333 is amended by:

a. Revising the section title;

b. Revising paragraph (a) introductory

text;

c. Revising paragraphs (a)(1) and

(a)(2);

d. Revising paragraph (a)(4);

e. Revising paragraph (b) introductory

text;

f. Adding paragraph (a)(5); and

g. Adding paragraph (e).

The revisions and additions read as

follows:

§ 63.1333 Additional requirements for

performance testing.

(a) Performance testing shall be

conducted in accordance with

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

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

specified in paragraphs (a)(1) through

(a)(5) of this section and the additions

specified in paragraphs (b) through (d)

of this section. Sections 63.1314 through

63.1330 also contain specific testing

requirements.

(1) Performance tests shall be

conducted according to the provisions

of § 63.7(e)(1) and (e)(2), except that

performance tests shall be conducted at

maximum representative operating

conditions 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) of this section to

occur.

(i) The 6-month period that ends 2

months before the Notification of

Compliance Status is due, according to

§ 63.1335(e)(5); or the 6-month period

that begins 3 months before the

performance test and ends 3 months

after the performance test.

(ii) Causing damage to equipment;

necessitating that the owner or operator

make product that does not meet an

existing specification for sale to a

customer; or necessitating that the

owner or operator make product in

excess of demand.

(2) The requirements in

§ 63.1335(e)(5) shall apply instead of the

references in § 63.7(g) to the Notification

of Compliance Status requirements in

§ 63.9(h).

* * * * *

(4) The owner or operator shall notify

the Administrator of the intention to

conduct a performance test at least 30

days before the performance test is

scheduled to allow the Administrator

the opportunity to have an observer

present during the test. If after 30 days

notice for an initially scheduled

performance test, there is a delay (due

to operational problems, etc.) in

conducting the scheduled performance

test, the owner or operator of an affected

facility shall notify the Administrator as

soon as possible of any delay in the

original test date, either by providing at

least 7 days prior notice of the

rescheduled date of the performance

test, or by arranging a rescheduled date

with the Administrator by mutual

agreement.

(5) Performance tests shall be

performed no later than 150 days after

the compliance dates specified in this

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

included in the Notification of

Compliance Status), rather than

according to the time periods in

§ 63.7(a)(2) of subpart A of this part.

(b) Each owner or operator of an

existing affected source producing MBS

complying with § 63.1315(b)(2) shall

determine compliance with the mass

emission per mass product standard by

using Equation 49 of this subpart. When

determining Ei, when the provisions of

§ 63.116(c)(4) specify that Method 18, 40

CFR part 60, appendix A, shall be used,

Method 18 or Method 25A, 40 CFR part

60, appendix A, may be used for the

purposes of this subpart. The use of

Method 25A, 40 CFR part 60, appendix

A, shall conform with the requirements

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

section.

ER

E

PP MBS

i

i

n

M

= =

∑

1 [Eq. 49]

Where:

ERMBS = Emission rate of organic HAP

or TOC from continuous process

vents, kg/Mg product.

Ei = Emission rate of organic HAP or

TOC from continuous process vent

i as calculated using the procedures

specified in § 63.116(c)(4), kg/

month.

PPM = Amount of polymer produced

in one month as determined by the

procedures specified in

§ 63.1318(b)(1)(ii), Mg/month.

n = Number of continuous process

vents.

* * * * *

(e) Notwithstanding any other

provision of this subpart, if an owner or

operator of an affected source uses a

flare to comply with any of the

requirements of this subpart, the owner

or operator shall comply with

paragraphs (e)(1) through (e)(3) of this

section. The owner or operator is not

required to conduct a performance test

to determine percent emission reduction

or outlet organic HAP or TOC

concentration. If a compliance

demonstration has been conducted

previously for a flare, using the

techniques specified in paragraphs (e)(1)

through (e)(3) of this section, that

compliance demonstration may be used

to satisfy the requirements of this

paragraph if either no deliberate process

changes have been made since the

compliance demonstration, or the

results of the compliance demonstration

reliably demonstrate compliance despite

process changes.

(1) Conduct a visible emission test

using the techniques specified in

§ 63.11(b)(4);

(2) Determine the net heating value of

the gas being combusted, using the

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

and

(3) Determine the exit velocity using

the techniques specified in either

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

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

appropriate.

52. Section 63.1334 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b) introductory

text;

c. Revising paragraph (b)(3)

introductory text;

d. Revising paragraphs (b)(3)(i)(A)

through (b)(3)(i)(D);

e. Revising paragraph (b)(3)(ii);

f. Revising paragraph (c);

g. Revising paragraph (d);

h. Revising paragraph (f)(1)

introductory text;

i. Revising paragraphs (f)(1)(ii) and

(f)(1)(iii);

j. Revising paragraph (f)(2)

introductory text;

k. Revising paragraph (f)(2)(ii);

l. Removing and reserving paragraph

(b)(1);

m. Removing and reserving paragraph

(e);

n. Removing paragraph (b)(3)(i)(E);

o. Adding paragraph (f)(1)(v); and

p. Adding paragraph (f)(3) through

(f)(7).

The revisions and additions read as

follows:

§ 63.1334 Parameter monitoring levels and

excursions.

(a) Establishment of parameter

monitoring levels. The owner or

operator of a control or recovery device

that has one or more parameter

monitoring level requirements specified

under this subpart shall establish a

maximum or minimum level for each

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38129

measured parameter. If a performance

test is required by this subpart for a

control device, the owner or operator

shall use the procedures in either

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

establish the parameter monitoring

level(s). If a performance test is not

required by this subpart for a control

device, the owner or operator may use

the procedures in paragraph (b), (c) or

(d) of this section to establish the

parameter monitoring level(s). When

using the procedures specified in

paragraph (c) or (d) of this section, the

owner or operator shall submit the

information specified in

§ 63.1335(e)(3)(vii) for review and

approval as part of the Precompliance

Report.

(1) The owner or operator shall

operate control and recovery devices

such that the daily average of monitored

parameters remains above the minimum

established level or below the maximum

established level, except as otherwise

stated in this subpart.

(2) As specified in § 63.1335(e)(5), all

established levels, along with their

supporting documentation and the

definition of an operating day, shall be

submitted as part of the Notification of

Compliance Status.

(3) Nothing in this section shall be

construed to allow a monitoring

parameter excursion caused by an

activity that violates other applicable

provisions of subpart A, F, G, or H of

this part.

(b) Establishment of parameter

monitoring levels based exclusively on

performance tests. In cases where a

performance test is required by this

subpart, or the owner or operator of the

affected source elects to do a

performance test in accordance with the

provisions of this subpart, and an owner

or operator elects to establish a

parameter monitoring level for a control,

recovery, or recapture device based

exclusively on parameter values

measured during the performance test,

the owner or operator of the affected

source shall comply with the

procedures in paragraphs (b)(1) through

(b)(4) of this section, as applicable.

(1) [Reserved.]

* * * * *

(3) Batch process vents. The

monitoring level(s) shall be established

using the procedures specified in either

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

section. The procedures specified in this

paragraph (b)(3) may only be used if the

batch emission episodes, or portions

thereof, selected to be controlled were

tested, and monitoring data were

collected, during the entire period in

which emissions were vented to the

control device, as specified in

§ 63.1325(c)(1)(i). If the owner or

operator chose to test only a portion of

the batch emission episode, or portion

thereof, selected to be controlled, the

procedures in paragraph (c) of this

section shall be used.

(i) * * *

(A) The average monitored parameter

value shall be calculated for each batch

emission episode, or portion thereof, in

the batch cycle selected to be controlled.

The average shall be based on all values

measured during the required

performance test.

(B) If the level to be established is a

maximum operating parameter, the level

shall be defined as the minimum of the

average parameter values of the batch

emission episodes, or portions thereof,

in the batch cycle selected to be

controlled (i.e., identify the emission

episode, or portion thereof, which

requires the lowest parameter value in

order to assure compliance. The average

parameter value that is necessary to

assure compliance for that emission

episode, or portion thereof, shall be the

level for all emission episodes, or

portions thereof, in the batch cycle, that

are selected to be controlled).

(C) If the level to be established is a

minimum operating parameter, the level

shall be defined as the maximum of the

average parameter values of the batch

emission episodes, or portions thereof,

in the batch cycle selected to be

controlled (i.e., identify the emission

episode, or portion thereof, which

requires the highest parameter value in

order to assure compliance. The average

parameter value that is necessary to

assure compliance for that emission

episode, or portion thereof, shall be the

level for all emission episodes, or

portions thereof, in the batch cycle, that

are selected to be controlled).

(D) Alternatively, an average

monitored parameter value shall be

calculated for the entire batch cycle

based on all values measured during

each batch emission episode, or portion

thereof, selected to be controlled.

(ii) Instead of establishing a single

level for the batch cycle, as described in

paragraph (b)(3)(i) of this section, an

owner or operator may establish

separate levels for each batch emission

episode, or portion thereof, selected to

be controlled. Each level shall be

determined as specified in paragraph

(b)(3)(i)(A) of this section.

* * * * *

(c) Establishment of parameter

monitoring levels based on performance

tests, supplemented by engineering

assessments and/or manufacturer’s

recommendations. In cases where a

performance test is required by this

subpart, or the owner or operator elects

to do a performance test in accordance

with the provisions of this subpart, and

an owner or operator elects to establish

a parameter monitoring level for a

control, recovery, or recapture device

under this paragraph (c), the owner or

operator shall supplement the parameter

values measured during the

performance test with engineering

assessments and/or manufacturer’s

recommendations. Performance testing

is not required to be conducted over the

entire range of expected parameter

values.

(d) Establishment of parameter

monitoring based on engineering

assessments and/or manufacturer’s

recommendations. In cases where a

performance test is not required by this

subpart and an owner or operator elects

to establish a parameter monitoring

level for a control, recovery, or

recapture device under this paragraph

(d), the determination of the parameter

monitoring level shall be based

exclusively on engineering assessments

and/or manufacturer’s

recommendations.

(e) [Reserved.]

(f) Parameter monitoring excursion

definitions. (1) With respect to storage

vessels (where the applicable

monitoring plan specifies continuous

monitoring), continuous process vents,

aggregate batch vent streams, and

process wastewater streams, an

excursion means any of the three cases

listed in paragraphs (f)(1)(i) through

(f)(1)(iii) of this section. For a control or

recovery device where multiple

parameters are monitored, if one or

more of the parameters meets the

excursion criteria in paragraphs (f)(1)(i)

through (f)(1)(iii) of this section, this is

considered a single excursion for the

control or recovery device. For each

excursion, the owner or operator shall

be deemed out of compliance with the

provisions of this subpart, except as

provided in paragraph (g) of this

section.

* * * * *

(ii) When the period of control or

recovery device operation, with the

exception noted in paragraph (f)(1)(v) of

this section, is 4 hours or greater in an

operating day, and monitoring data are

insufficient, as defined in paragraph

(f)(1)(iv) of this section, to constitute a

valid hour of data for at least 75 percent

of the operating hours.

(iii) When the period of control or

recovery device operation, with the

exception noted in paragraph (f)(1)(v) of

this section, is less than 4 hours in an

38130 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

operating day and more than two of the

hours during the period of operation do

not constitute a valid hour of data due

to insufficient monitoring data, as

defined in paragraph (f)(1)(iv) of this

section.

* * * * *

(v) The periods listed in paragraphs

(f)(1)(v)(A) through (f)(1)(v)(E) of this

section are not considered to be part of

the period of control or recovery device

operation, for the purposes of

paragraphs (f)(1)(ii) and (f)(1)(iii) of this

section.

(A) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(B) Start-ups;

(C) Shutdowns;

(D) Malfunctions; or

(E) Periods of non-operation of the

affected source (or portion thereof),

resulting in cessation of the emissions to

which the monitoring applies.

(2) With respect to batch process

vents, an excursion means one of the

two cases listed in paragraphs (f)(2)(i)

and (f)(2)(ii) of this section. For a

control device where multiple

parameters are monitored, if one or

more of the parameters meets the

excursion criteria in either paragraph

(f)(2)(i) or (f)(2)(ii) of this section, this is

considered a single excursion for the

control device. For each excursion, the

owner or operator shall be deemed out

of compliance with the provisions of

this subpart, except as provided in

paragraph (g) of this section.

* * * * *

(ii) When monitoring data are

insufficient for an operating day.

Monitoring data shall be considered

insufficient when measured values are

not available for at least 75 percent of

the 15-minute periods when batch

emission episodes selected to be

controlled are being vented to the

control device during the operating day,

using the procedures specified in

paragraphs (f)(2)(ii)(A) through

(f)(2)(ii)(D) of this section.

(A) Determine the total amount of

time during the operating day when

batch emission episodes selected to be

controlled are being vented to the

control device.

(B) Subtract the time during the

periods listed in paragraphs

(f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(4) of

this section from the total amount of

time determined in paragraph

(f)(2)(ii)(A) of this section, to obtain the

operating time used to determine if

monitoring data are insufficient.

(1) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(2) Start-ups;

(3) Shutdowns; or

(4) Malfunctions.

(C) Determine the total number of 15-

minute periods in the operating time

used to determine if monitoring data are

insufficient, as was determined in

accordance with paragraph (f)(2)(ii)(B)

of this section.

(D) If measured values are not

available for at least 75 percent of the

total number of 15-minute periods

determined in paragraph (f)(2)(ii)(C) of

this section, the monitoring data are

insufficient for the operating day.

(3) For storage vessels where the

applicable monitoring plan does not

specify continuous monitoring, an

excursion is defined in paragraph

(f)(3)(i) or (ii) of this section, as

applicable. For a control or recovery

device where multiple parameters are

monitored, if one or more of the

parameters meets the excursion criteria,

this is considered a single excursion for

the control or recovery device. For each

excursion, the owner or operator shall

be deemed out of compliance with the

provisions of this subpart, except as

provided in paragraph (g) of this

section.

(i) If the monitoring plan specifies

monitoring a parameter and recording

its value at specific intervals (such as

every 15 minutes or every hour), either

of the cases listed in paragraph

(f)(3)(i)(A) or (f)(3)(i)(B) of this section is

considered a single excursion for the

control device. For each excursion, the

owner or operator shall be deemed out

of compliance with the provisions of

this subpart, except as provided in

paragraph (g) of this section.

(A) When the average value of one or

more parameters, averaged over the

duration of the filling period for the

storage vessel, is above the maximum

level or below the minimum level

established for the given parameters.

(B) When monitoring data are

insufficient. Monitoring data shall be

considered insufficient when measured

values are not available for at least 75

percent of the specific intervals at

which parameters are to be monitored

and recorded, according to the storage

vessel’s monitoring plan, during the

filling period for the storage vessel.

(ii) If the monitoring plan does not

specify monitoring a parameter and

recording its value at specific intervals

(for example, if the relevant operating

requirement is to exchange a disposable

carbon canister before expiration of its

rated service life), the monitoring plan

shall define an excursion in terms of the

relevant operating requirement.

(4) With respect to continuous process

vents complying with the mass

emissions per mass product

requirements specified in

§ 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i),

(b)(2)(ii), or (c)(1)(i), an excursion has

occurred when the mass emission rate

calculated as specified in § 63.1318(c)

exceeds the appropriate mass emissions

per mass product requirement. For each

excursion, the owner or operator shall

be deemed out of compliance with the

provisions of this subpart, except as

provided in paragraph (g) of this

section.

(5) With respect to continuous process

vents complying with the temperature

limits for final condensers specified in

§ 63.1316(b)(1)(i)(B) or (c)(1)(ii), an

excursion has occurred when the daily

average exit temperature exceeds the

appropriate condenser temperature

limit. For each excursion, the owner or

operator shall be deemed out of

compliance with the provisions of this

subpart, except as provided in

paragraph (g) of this section. The

periods listed in paragraphs (f)(5)(i)

through (f)(5)(v) of this section are not

considered to be part of the period of

operation for the condenser for purposes

of determining the daily average exit

temperature.

(i) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(ii) Start-ups;

(iii) Shutdowns;

(iv) Malfunctions; or

(v) Periods of non-operation of the

affected source (or portion thereof),

resulting in cessation of the emissions to

which the monitoring applies.

(6) With respect to new affected

sources producing SAN using a batch

process, an excursion has occurred

when the percent reduction calculated

using the procedures specified in

§ 63.1333(c) is less than 84 percent. For

each excursion, the owner or operator

shall be deemed out of compliance with

the provisions of this subpart, except as

provided in paragraph (g) of this

section. The periods listed in

paragraphs (f)(6)(i) through (f)(6)(v) of

this section are not considered to be part

of the period of control or recovery

device operation for purposes of

determining the percent reduction.

(i) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(ii) Start-ups;

(iii) Shutdowns;

(iv) Malfunctions; or

(v) Periods of non-operation of the

affected source (or portion thereof),

resulting in cessation of the emissions to

which the monitoring applies.

(7) With respect to continuous process

vents complying with the mass

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38131

emissions per mass product requirement

specified in § 63.1315(b)(2), an

excursion has occurred when the mass

emission rate calculated as specified in

§ 63.1333(b) exceeds the mass emissions

per mass product requirement specified

in § 63.1315(b)(2). For each excursion,

the owner or operator shall be deemed

out of compliance with the provisions of

this subpart, except as provided in

paragraph (g) of this section.

* * * * *

53. Section 63.1335 is amended by:

a. Revising paragraph (a);

b. Revising paragraph (b)(1)

introductory text;

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

introductory text;

d. Revising paragraphs (b)(1)(i)(A)

through (b)(1)(i)(C);

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

f. Revising paragraph (b)(2);

g. Revising paragraph (d) introductory

text;

h. Revising paragraph (d)(2);

i. Revising paragraph (d)(3);

j. Revising paragraphs (d)(6) through

(d)(9);

k. Revising paragraph (e) introductory

text;

l. Revising paragraphs (e)(1) through

(e)(3);

m. Revising paragraph (e)(4)

introductory text;

n. Revising paragraph (e)(4)(i);

o. Revising paragraph (e)(4)(ii)

introductory text;

p. Revising paragraph (e)(4)(ii)(B);

q. Revising paragraph (e)(4)(ii)(D);

r. Revising paragraph (e)(4)(ii)(F)(2);

s. Revising paragraphs (e)(4)(ii)(F)(4)

and (e)(4)(ii)(F)(5);

t. Revising paragraph (e)(4)(ii)(H)(2);

u. Revising paragraph (e)(4)(ii)(J)(2);

v. Revising paragraph (e)(4)(ii)(L)(2);

w. Revising paragraph (e)(4)(ii)(N);

x. Revising paragraphs (e)(4)(iii) and

(e)(4)(iv) introductory text;

y. Revising paragraph (e)(4)(iv)(A)

introductory text;

z. Revising paragraph (e)(4)(iv)(B)

introductory text;

aa. Revising paragraph (e)(4)(iv)(C);

bb. Revising paragraph (e)(5)

introductory text;

cc. Revising paragraph (e)(5)(i)

introductory text;

dd. Revising paragraph (e)(5)(i)(A);

ee. Revising paragraph (e)(5)(ii)

introductory text;

ff. Revising paragraph (e)(5)(iv);

gg. Revising paragraphs (e)(5)(vi)

through (e)(5)(viii);

hh. Revising paragraph (e)(6)

introductory text;

jj. Revising paragraphs (e)(6)(i) and

(e)(6)(ii);

kk. Revising paragraph (e)(6)(iii)(B);

ll. Revising paragraph (e)(6)(iii)(D)

introductory text;

mm. Revising paragraphs

(e)(6)(iii)(D)(2) and (e)(6)(iii)(D)(3);

nn. Revising paragraph (e)(6)(iv);

oo. Revising paragraph (e)(6)(v)(B);

pp. Revising paragraphs (e)(6)(vi)

through (e)(6)(xi);

qq. Revising paragraph (e)(7)

introductory text;

rr. Revising paragraph (e)(7)(ii);

ss. Revising paragraph (e)(8)

introductory text;

tt. Revising paragraphs (e)(8)(i) and

(e)(8)(ii);

uu. Revising paragraph (f)

introductory text;

vv. Revising paragraph (f)(3)

introductory text;

ww. Revising paragraph (g)

introductory text;

xx. Revising paragraph (g)(3)

introductory text;

yy. Revising paragraph (g)(3)(i)(A);

zz. Revising paragraph (g)(4);

aaa. Revising paragraph (h)

introductory text;

bbb. Revising paragraph (h)(1)

introductory text;

ccc. Revising paragraph (h)(1)(ii)(B);

ddd. Revising paragraph (h)(1)(iv);

eee. Revising paragraph (h)(1)(vi)

introductory text;

fff. Revising paragraphs (h)(1)(vi)(B)

and (h)(1)(vi)(C);

ggg. Revising paragraph (h)(2)(i);

hhh. Revising paragraph (h)(2)(iii);

iii. Removing paragraph (b)(1)(i)(D);

jjj. Removing paragraph (d)(10);

kkk. Removing paragraph (e)(8)(iii);

lll. Removing and reserving paragraph

(c);

mmm. Removing and reserving

paragraph (d)(4) and (d)(5);

nnn. Removing and reserving

paragraphs (e)(6)(iii)(C);

ooo. Adding paragraphs (e)(5)(ix)

through (e)(5)(xi);

ppp. Adding paragraph

(e)(6)(iii)(D)(4);

qqq. Adding paragraph (e)(6)(xii);

rrr. Adding paragraphs (e)(7)(iii) and

(e)(7)(iv); and

sss. Adding paragraph (h)(1)(vi)(D).

The revisions and additions read as

follows:

§ 63.1335 General recordkeeping and

reporting provisions.

(a) Data retention. Unless otherwise

specified in this subpart, the owner or

operator of an affected source shall keep

copies of all applicable records and

reports required by this subpart for at

least 5 years, as specified in paragraph

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

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

(1) All applicable records shall be

maintained in such a manner that they

can be readily accessed. The most recent

6 months of records shall be retained on

site or shall be accessible from a central

location by computer or other means

that provides access within 2 hours after

a request. The remaining 4 and one-half

years of records may be retained offsite.

Records may be maintained in hard

copy or computer-readable form

including, but not limited to, on paper,

microfilm, computer, floppy disk,

magnetic tape, or microfiche.

(2) If an owner or operator submits

copies of reports to the appropriate EPA

Regional Office, the owner or operator is

not required to maintain copies of

reports. If the EPA Regional Office has

waived the requirement of

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

reports, the owner or operator is not

required to maintain copies of those

reports.

(b) * * *

(1) Start-up, shutdown, and

malfunction plan. The owner or

operator of an affected source shall

develop and implement a written startup, shutdown, and malfunction plan as

specified in § 63.6(e)(3). This plan shall

describe, in detail, procedures for

operating and maintaining the affected

source during periods of start-up,

shutdown, and malfunction and a

program for corrective action for

malfunctioning process and air

pollution control equipment used to

comply with this subpart. Inclusion of

Group 2 emission points is not required,

unless these points are included in an

emissions average. For equipment leaks

(subject to § 63.1331), the start-up,

shutdown, and malfunction plan

requirement is limited to control

devices and is optional for other

equipment. For equipment leaks, the

start-up, shutdown, and malfunction

plan may include written procedures

that identify conditions that justify a

delay of repair. A provision for ceasing

to collect, during a start-up, shutdown,

or malfunction, monitoring data that

would otherwise be required by the

provisions of this subpart may be

included in the start-up, shutdown, and

malfunction plan only if the owner or

operator has demonstrated to the

Administrator, through the

Precompliance Report or a supplement

to the Precompliance Report, that the

monitoring system would be damaged

or destroyed if it were not shut down

during the start-up, shutdown, or

malfunction. The affected source shall

keep the start-up, shutdown, and

malfunction plan on-site. Records

associated with the plan shall be kept as

specified in paragraphs (b)(1)(i)(A)

through (b)(1)(i)(C) of this section.

Reports related to the plan shall be

38132 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

submitted as specified in paragraph

(b)(1)(ii) of this section.

(i) Records of start-up, shutdown, and

malfunction. The owner or operator

shall keep the records specified in

paragraphs (b)(1)(i)(A) through

(b)(1)(i)(C) of this section.

(A) Records of the occurrence and

duration of each start-up, shutdown,

and malfunction of operation of process

equipment or control devices or

recovery devices or continuous

monitoring systems used to comply

with this subpart during which excess

emissions (as defined in § 63.1310(j)(4))

occur.

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

malfunction during which excess

emissions (as defined in § 63.1310(j)(4))

occur, records reflecting whether the

procedures specified in the affected

source’s start-up, shutdown, and

malfunction plan were followed, and

documentation of actions taken that are

not consistent with the plan. For

example, if a start-up, shutdown, and

malfunction plan includes procedures

for routing a control device to a backup

control device, records shall be kept of

whether the plan was followed. These

records may take the form of a

‘‘checklist,’’ or other form of

recordkeeping that confirms

conformance with the start-up

shutdown, and malfunction plan for the

event.

(C) Records specified in paragraphs

(b)(1)(i)(A) through (b)(1)(i)(B) of this

section are not required if they pertain

solely to Group 2 emission points that

are not included in an emissions

average.

(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 being submitted on the schedule

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

shall include the information specified

in § 63.10(d)(5)(i).

(2) Application for approval of

construction or reconstruction. For new

affected sources, each owner or operator

shall comply with the provisions in

§ 63.5 regarding construction and

reconstruction, excluding the provisions

specified in § 63.5(d)(1)(ii)(H), (d)(1)(iii),

(d)(2), and (d)(3)(ii).

(c) [Reserved.]

(d) Recordkeeping and

documentation. Owners or operators

required to keep continuous records

shall keep records as specified in

paragraphs (d)(1) through (d)(7) of this

section, unless an alternative

recordkeeping system has been

requested and approved as specified in

paragraph (g) of this section, and except

as provided in paragraph (h) of this

section. If a monitoring plan for storage

vessels pursuant to § 63.1314(a)(9)

requires continuous records, the

monitoring plan shall specify which

provisions, if any, of paragraphs (d)(1)

through (d)(7) of this section apply. As

described in § 63.1314(a)(9), certain

storage vessels are not required to keep

continuous records as specified in this

paragraph. Owners and operators of

such storage vessels shall keep records

as specified in the monitoring plan

required by § 63.1314(a)(9). Paragraphs

(d)(8) and (d)(9) of this section specify

documentation requirements.

* * * * *

(2) The owner or operator shall record

either each measured data value or

block average values for 1 hour or

shorter periods calculated from all

measured data values during each

period. If values are measured more

frequently than once per minute, a

single value for each minute may be

used to calculate the hourly (or shorter

period) block average instead of all

measured values. Owners or operators

of batch process vents shall record each

measured data value.

(3) Daily average (or batch cycle daily

average) values of each continuously

monitored parameter shall be calculated

for each operating day as specified in

paragraphs (d)(3)(i) through (d)(3)(ii) of

this section, except as specified in

paragraphs (d)(6) and (d)(7) of this

section.

(i) The daily average value or batch

cycle daily average shall be calculated

as the average of all parameter values

recorded during the operating day,

except as specified in paragraph (d)(7)

of this section. For batch process vents,

as specified in § 63.1326(e)(2)(i), only

parameter values measured during those

batch emission episodes, or portions

thereof, in the batch cycle that the

owner or operator has chosen to control

shall be used to calculate the average.

The calculated average shall cover a 24-

hour period if operation is continuous,

or the number of hours of operation per

operating day if operation is not

continuous.

(ii) The operating day shall be the

period the owner or operator specifies

in the operating permit or the

Notification of Compliance Status for

purposes of determining daily average

values or batch cycle daily average

values of monitored parameters.

(4) [Reserved]

(5) [Reserved]

(6) Records required when all

recorded values are within the

established limits. If all recorded values

for a monitored parameter during an

operating day are above the minimum

level or below the maximum level

established in the Notification of

Compliance Status or operating permit,

the owner or operator may record that

all values were above the minimum

level or below the maximum level rather

than calculating and recording a daily

average (or batch cycle daily average) for

that operating day.

(7) Monitoring data recorded during

periods identified in paragraphs (d)(7)(i)

through (d)(7)(v) of this section shall not

be included in any average computed

under this subpart. Records shall be

kept of the times and durations of all

such periods and any other periods

during process or control device or

recovery device operation when

monitors are not operating.

(i) Monitoring system breakdowns,

repairs, calibration checks, and zero

(low-level) and high-level adjustments;

(ii) Start-ups;

(iii) Shutdowns;

(iv) Malfunctions;

(v) Periods of non-operation of the

affected source (or portion thereof),

resulting in cessation of the emissions to

which the monitoring applies.

(8) For continuous monitoring

systems used to comply with this

subpart, records documenting the

completion of calibration checks, and

records documenting the maintenance

of continuous monitoring systems that

are specified in the manufacturer’s

instructions or that are specified in

other written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

(9) The owner or operator of an

affected source granted a waiver under

§ 63.10(f) shall maintain the

information, if any, specified by the

Administrator as a condition of the

waiver of recordkeeping or reporting

requirements.

(e) Reporting and notification. In

addition to the reports and notifications

required by subpart A of this part as

specified in Table 1 of this subpart, the

owner or operator of an affected source

shall prepare and submit the reports

listed in paragraphs (e)(3) through (e)(8)

of this section, as applicable. All reports

required by this subpart, and the

schedule for their submittal, are listed

in Table 9 of this subpart.

(1) Owners and operators shall not be

in violation of the reporting

requirements of this subpart for failing

to submit information required to be

included in a specified report if the

owner or operator meets the

requirements in paragraphs (e)(1)(i)

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38133

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

Examples of circumstances where this

paragraph may apply include

information related to newly-added

equipment or emission points, changes

in the process, changes in equipment

required or utilized for compliance with

the requirements of this subpart, or

changes in methods or equipment for

monitoring, recordkeeping, or reporting.

(i) The information was not known in

time for inclusion in the report specified

by this subpart;

(ii) The owner or operator has been

diligent in obtaining the information;

and

(iii) The owner or operator submits a

report according to the provisions of

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

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

(A) If this subpart expressly provides

for supplements to the report in which

the information is required, the owner

or operator shall submit the information

as a supplement to that report. The

information shall be submitted no later

than 60 days after it is obtained, unless

otherwise specified in this subpart.

(B) If this subpart does not expressly

provide for supplements, but the owner

or operator must submit a request for

revision of an operating permit pursuant

to part 70 or part 71, due to

circumstances to which the information

pertains, the owner or operator shall

submit the information with the request

for revision to the operating permit.

(C) In any case not addressed by

paragraph (e)(1)(iii)(A) or (e)(1)(iii)(B) of

this paragraph, the owner or operator

shall submit the information with the

first Periodic Report, as required by this

subpart, which has a submission

deadline at least 60 days after the

information is obtained.

(2) All reports required under this

subpart shall be sent to the

Administrator at the appropriate

address listed in § 63.13. If acceptable to

both the Administrator and the owner or

operator of an affected source, reports

may be submitted on electronic media.

(3) Precompliance Report. Owners or

operators of affected sources requesting

an extension for compliance; requesting

approval to use alternative monitoring

parameters, alternative continuous

monitoring and recordkeeping, or

alternative controls; requesting approval

to use engineering assessment to

estimate emissions from a batch

emissions episode, as described in

§ 63.1323(b)(6)(i)(C); wishing to

establish parameter monitoring levels

according to the procedures contained

in § 63.1334(c) or (d); or requesting

approval to incorporate a provision for

ceasing to collect monitoring data,

during a start-up, shutdown, or

malfunction, into the start-up,

shutdown, and malfunction plan, when

that monitoring equipment would be

damaged if it did not cease to collect

monitoring data, as permitted under

§ 63.1310(j)(3), shall submit a

Precompliance Report according to the

schedule described in paragraph (e)(3)(i)

of this section. The Precompliance

Report shall contain the information

specified in paragraphs (e)(3)(ii) through

(e)(3)(viii) of this section, as

appropriate.

(i) Submittal dates. The

Precompliance Report shall be

submitted to the Administrator no later

than December 19, 2000. If a

Precompliance Report was submitted

prior to June 19, 2000 and no changes

need to be made to that Precompliance

Report, the owner or operator shall resubmit the earlier report or submit

notification that the previously

submitted report is still valid. Unless

the Administrator objects to a request

submitted in the Precompliance Report

within 45 days after its receipt, the

request shall be deemed approved. For

new affected sources, the Precompliance

Report shall be submitted to the

Administrator with the application for

approval of construction or

reconstruction required in paragraph

(b)(2) of this section. Supplements to the

Precompliance Report may be submitted

as specified in paragraph (e)(3)(ix) of

this section.

(ii) A request for an extension for

compliance, as specified in § 63.1311(e),

may be submitted in the Precompliance

Report. The request for a compliance

extension shall include the data

outlined in § 63.6(i)(6)(i)(A), (B), and

(D), as required in § 63.1311(e)(1).

(iii) The alternative monitoring

parameter information required in

paragraph (f) of this section shall be

submitted in the Precompliance Report

if, for any emission point, the owner or

operator of an affected source seeks to

comply through the use of a control

technique other than those for which

monitoring parameters are specified in

this subpart or in subpart G of this part

or seeks to comply by monitoring a

different parameter than those specified

in this subpart or in subpart G of this

part.

(iv) If the affected source seeks to

comply using alternative continuous

monitoring and recordkeeping as

specified in paragraph (g) of this

section, the owner or operator shall

submit a request for approval in the

Precompliance Report.

(v) The owner or operator shall report

the intent to use alternative controls to

comply with the provisions of this

subpart in the Precompliance Report.

The Administrator may deem

alternative controls to be equivalent to

the controls required by the standard,

under the procedures outlined in

§ 63.6(g).

(vi) If a request for approval to use

engineering assessment to estimate

emissions from a batch emissions

episode, as described in

§ 63.1323(b)(6)(i)(C) is being made, the

information required by

§ 63.1323(b)(6)(iii)(B) shall be submitted

in the Precompliance Report.

(vii) If an owner or operator

establishes parameter monitoring levels

according to the procedures contained

in § 63.1334(c) or (d), the following

information shall be submitted in the

Precompliance Report:

(A) Identification of which procedures

(i.e., § 63.1334(c) or (d)) are to be used;

and

(B) A description of how the

parameter monitoring level is to be

established. If the procedures in

§ 63.1334(c) are to be used, a description

of how performance test data will be

used shall be included.

(viii) If the owner or operator is

requesting approval to incorporate a

provision for ceasing to collect

monitoring data, during a start-up,

shutdown, or malfunction, into the

start-up, shutdown, and malfunction

plan, when that monitoring equipment

would be damaged if it did not cease to

collect monitoring data, the information

specified in paragraphs (e)(3)(viii)(A)

and (B) shall be supplied in the

Precompliance Report or in a

supplement to the Precompliance

Report. The Administrator shall

evaluate the supporting documentation

and shall approve the request only if, in

the Administrator’s judgment, the

specific monitoring equipment would

be damaged by the contemporaneous

start-up, shutdown, or malfunction.

(A) Documentation supporting a claim

that the monitoring equipment would be

damaged by the contemporaneous startup, shutdown, or malfunction; and

(B) A request to incorporate such a

provision for ceasing to collect

monitoring data during a start-up,

shutdown, or malfunction, into the

start-up, shutdown, and malfunction

plan.

(ix) Supplements to the

Precompliance Report may be submitted

as specified in paragraphs (e)(3)(ix)(A)

or (e)(3)(ix)(B) of this section. Unless the

Administrator objects to a request

submitted in a supplement to the

Precompliance Report within 45 days

after its receipt, the request shall be

deemed approved.

(A) Supplements to the

Precompliance Report may be submitted

38134 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

to clarify or modify information

previously submitted.

(B) Supplements to the Precompliance

Report may be submitted to request

approval to use alternative monitoring

parameters, as specified in paragraph

(e)(3)(iii) of this section; to use

alternative continuous monitoring and

recordkeeping, as specified in paragraph

(e)(3)(iv) of this section; to use

alternative controls, as specified in

paragraph (e)(3)(v) of this section; to use

engineering assessment to estimate

emissions from a batch emissions

episode, as specified in paragraph

(e)(3)(vi) of this section; to establish

parameter monitoring levels according

to the procedures contained in

§ 63.1334(c) or (d), as specified in

paragraph (e)(3)(vii) of this section; or to

include a provision for ceasing to collect

monitoring data during a start-up,

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

when that monitoring equipment would

be damaged if it did not cease to collect

monitoring data, as specified in

paragraph (e)(3)(viii) of this section.

(4) Emissions Averaging Plan. For all

existing affected sources using

emissions averaging, an Emissions

Averaging Plan shall be submitted for

approval according to the schedule and

procedures described in paragraph

(e)(4)(i) of this section. The Emissions

Averaging Plan shall contain the

information specified in paragraph

(e)(4)(ii) of this section, unless the

information required in paragraph

(e)(4)(ii) of this section is submitted

with an operating permit application.

An owner or operator of an affected

source who submits an operating permit

application instead of an Emissions

Averaging Plan shall submit the

information specified in paragraph (e)(8)

of this section. In addition, a

supplement to the Emissions Averaging

Plan, as required under paragraph

(e)(4)(iii) of this section, is to be

submitted whenever additional

alternative controls or operating

scenarios may be used to comply with

this subpart. Updates to the Emissions

Averaging Plan shall be submitted in

accordance with paragraph (e)(4)(iv) of

this section.

(i) Submittal and approval. The

Emissions Averaging Plan shall be

submitted no later than September 19,

2000, and it is subject to Administrator

approval. If an Emissions Averaging

Plan was submitted prior to June 19,

2000 and no changes need to be made

to that Emissions Averaging Plan, the

owner or operator shall re-submit the

earlier plan or submit notification that

the previously submitted plan is still

valid. The Administrator shall

determine within 120 days whether the

Emissions Averaging Plan submitted

presents sufficient information. The

Administrator shall either approve the

Emissions Averaging Plan, request

changes, or request that the owner or

operator submit additional information.

Once the Administrator receives

sufficient information, the

Administrator shall approve,

disapprove, or request changes to the

plan within 120 days.

(ii) Information required. The

Emissions Averaging Plan shall contain

the information listed in paragraphs

(e)(4)(ii)(A) through (e)(4)(ii)(N) of this

section for all emission points included

in an emissions average.

* * * * *

(B) The required information shall

include the projected emission debits

and credits for each emission point and

the sum for the emission points

involved in the average calculated

according to § 63.1332. The projected

credits shall be greater than or equal to

the projected debits, as required under

§ 63.1332(e)(3).

* * * * *

(D) The required information shall

include the specific identification of

each emission point affected by a

pollution prevention measure. To be

considered a pollution prevention

measure, the criteria in § 63.1332(j)(1)

shall be met. If the same pollution

prevention measure reduces or

eliminates emissions from multiple

emission points in the average, the

owner or operator shall identify each of

these emission points.

* * * * *

(F) * * *

(2) The required documentation shall

include the estimated values of all

parameters needed for input to the

emission debit and credit calculations

in § 63.1332(g) and (h). These parameter

values shall be specified in the affected

source’s Emissions Averaging Plan (or

operating permit) as enforceable

operating conditions. Changes to these

parameters shall be reported as required

by paragraph (e)(4)(iv) of this section.

* * * * *

(4) The required documentation shall

include the anticipated nominal

efficiency if a control technology

achieving a greater percent emission

reduction than the efficiency of the

reference control technology is or will

be applied to the emission point. The

procedures in § 63.1332(i) shall be

followed to apply for a nominal

efficiency, and the report specified in

paragraph (e)(7)(ii) of this section shall

be submitted with the Emissions

Averaging Plan as specified in

paragraph (e)(7)(ii)(A) of this section.

(5) The required documentation shall

include the monitoring plan specified in

§ 63.122(b), to include the information

specified in § 63.120(d)(2)(i) and in

either § 63.120(d)(2)(ii) or (d)(2)(iii) for

each storage vessel controlled with a

closed-vent system using a control

device other than a flare.

* * * * *

(H) * * *

(2) The required documentation shall

include the estimated values of all

parameters needed for input to the

emission debit and credit calculations

in § 63.1332(g) and (h). These parameter

values shall be specified in the affected

source’s Emissions Averaging Plan (or

operating permit) as enforceable

operating conditions. Changes to these

parameters shall be reported as required

by paragraph (e)(4)(iv) of this section.

* * * * *

(J) * * *

(2) The required documentation shall

include the estimated values of all

parameters needed for input to the

emission debit and credit calculations

in § 63.1332(g) and (h). These parameter

values shall be specified in the affected

source’s Emissions Averaging Plan (or

operating permit) as enforceable

operating conditions. Changes to these

parameters shall be reported as required

by paragraph (e)(4)(iv) of this section.

* * * * *

(L) * * *

(2) The required documentation shall

include the estimated values of all

parameters needed for input to the

wastewater emission credit and debit

calculations in § 63.1332(g) and (h).

These parameter values shall be

specified in the affected source’s

Emissions Averaging Plan (or operating

permit) as enforceable operating

conditions. Changes to these parameters

shall be reported as required by

paragraph (e)(4)(iv) of this section.

* * * * *

(N) The required information shall

include documentation of the data

required by § 63.1332(k). The

documentation shall demonstrate that

the emissions from the emission points

proposed to be included in the average

will not result in greater hazard or, at

the option of the Administrator, greater

risk to human health or the environment

than if the emission points were not

included in an emissions average.

(iii) Supplement to Emissions

Averaging Plan. The owner or operator

required to prepare an Emissions

Averaging Plan under paragraph (e)(4)

of this section shall also prepare a

supplement to the Emissions Averaging

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38135

Plan for any additional alternative

controls or operating scenarios that may

be used to achieve compliance.

(iv) Updates to Emissions Averaging

Plan. The owner or operator of an

affected source required to submit an

Emissions Averaging Plan under

paragraph (e)(4) of this section shall also

submit written updates of the Emissions

Averaging Plan to the Administrator for

approval under the circumstances

described in paragraphs (e)(4)(iv)(A)

through (e)(4)(iv)(C) of this section

unless the relevant information has been

included and submitted in an operating

permit application or amendment.

(A) The owner or operator who plans

to make a change listed in either

paragraph (e)(4)(iv)(A)(1) or

(e)(4)(iv)(A)(2) of this section shall

submit an Emissions Averaging Plan

update at least 120 days prior to making

the change.

* * * * *

(B) The owner or operator who has

made a change as defined in paragraph

(e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this

section shall submit an Emissions

Averaging Plan update within 90 days

after the information regarding the

change is known to the affected source.

The update may be submitted in the

next quarterly periodic report if the

change is made after the date the

Notification of Compliance Status is

due.

* * * * *

(C) The Administrator shall approve

or request changes to the Emissions

Averaging Plan update within 120 days

of receipt of sufficient information

regarding the change for emission points

included in emissions averages.

(5) Notification of Compliance Status.

For existing and new affected sources, a

Notification of Compliance Status shall

be submitted. For equipment leaks

subject to § 63.1331, the owner or

operator shall submit the information

required in § 63.182(c) in the

Notification of Compliance Status

within 150 days after the first applicable

compliance date for equipment leaks in

the affected source, and an update shall

be provided in the first Periodic Report

that is due at least 150 days after each

subsequent applicable compliance date

for equipment leaks in the affected

source. For all other emission points,

including heat exchange systems, the

Notification of Compliance Status shall

contain the information listed in

paragraphs (e)(5)(i) through (e)(5)(xi) of

this section, as applicable, and shall be

submitted no later than 150 days after

the compliance dates specified in this

subpart.

(i) The results of any emission point

group determinations, process section

applicability determinations,

performance tests, inspections,

continuous monitoring system

performance evaluations, any other

information used to demonstrate

compliance, values of monitored

parameters established during

performance tests, and any other

information required to be included in

the Notification of Compliance Status

under §§ 63.1311(m), 63.122, and

63.1314 for storage vessels, § 63.117 for

continuous process vents, § 63.146 for

process wastewater, §§ 63.1316 through

63.1320 for continuous process vents

subject to § 63.1316, § 63.1327 for batch

process vents, § 63.1329 for process

contact cooling towers, and § 63.1332

for emission points included in an

emissions average. In addition, the

owner or operator of an affected source

shall comply with paragraph (e)(5)(i)(A)

and (e)(5)(i)(B) of this section.

(A) For performance tests, group

determinations, and process section

applicability determinations that are

based on measurements, the

Notification of Compliance Status shall

include one complete test report, as

described in paragraph (e)(5)(i)(B) of

this section, for each test method used

for a particular kind of emission point.

For additional tests performed for the

same kind of emission point using the

same method, the results and any other

information, from the test report, that is

requested on a case-by-case basis by the

Administrator shall be submitted, but a

complete test report is not required.

* * * * *

(ii) For each monitored parameter for

which a maximum or minimum level is

required to be established under

§ 63.114(e) for continuous process vents,

§ 63.1324 for batch process vents and

aggregate batch vent streams, § 63.143(f)

for process wastewater, § 63.1332(m) for

emission points in emissions averages,

paragraph (e)(8) of this section, or

paragraph (f) of this section, the

Notification of Compliance Status shall

contain the information specified in

paragraphs (e)(5)(ii)(A) through

(e)(5)(ii)(D) of this section, unless this

information has been established and

provided in the operating permit

application. Further, as described in

§ 63.1314(a)(9), for those storage vessels

for which the monitoring plan required

by § 63.1314(a)(9) specifies compliance

with the provisions of § 63.1334, the

owner or operator shall provide the

information specified in paragraphs

(e)(5)(ii)(A) through (e)(5)(ii)(D) of this

section for each monitored parameter,

unless this information has been

established and provided in the

operating permit application. For those

storage vessels for which the monitoring

plan required by § 63.1314(a)(9) does

not require compliance with the

provisions of § 63.1334, the owner or

operator shall provide the information

specified in § 63.120(d)(3) as part of the

Notification of Compliance Status,

unless this information has been

established and provided in the

operating permit application.

* * * * *

(iv) The determination of applicability

for flexible operation units as specified

in § 63.1310(f).

* * * * *

(vi) The results for each predominant

use determination made under

§ 63.1310(g), for storage vessels assigned

to an affected source subject to this

subpart.

(vii) The results for each predominant

use determination made under

§ 63.1310(h), for recovery operations

equipment assigned to an affected

source subject to this subpart.

(viii) For owners or operators of

Group 2 batch process vents

establishing a batch mass input

limitation as specified in § 63.1325(g),

the affected source’s operating year for

purposes of determining compliance

with the batch mass input limitation.

(ix) If any emission point is subject to

this subpart and to other standards as

specified in § 63.1311, and if the

provisions of § 63.1311 allow the owner

or operator to choose which testing,

monitoring, reporting, and

recordkeeping provisions will be

followed, then the Notification of

Compliance Status shall indicate which

rule’s requirements will be followed for

testing, monitoring, reporting, and

recordkeeping.

(x) An owner or operator who

transfers a Group 1 wastewater stream

or residual removed from a Group 1

wastewater stream for treatment

pursuant to § 63.132(g) shall include in

the Notification of Compliance Status

the name and location of the transferee

and a description of the Group 1

wastewater stream or residual sent to

the treatment facility.

(xi) An owner or operator complying

with paragraph (h)(1) of this section

shall notify the Administrator of the

election to comply with paragraph (h)(1)

of this section as part of the Notification

of Compliance Status or as part of the

appropriate Periodic Report as specified

in paragraph (e)(6)(ix) of this section.

(6) Periodic Reports. For existing and

new affected sources, the owner or

operator shall submit Periodic Reports

as specified in paragraphs (e)(6)(i)

38136 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

through (e)(6)(xi) of this section. In

addition, for equipment leaks subject to

§ 63.1331, the owner or operator shall

submit the information specified in

§ 63.182(d) under the conditions listed

in § 63.182(d), and for heat exchange

systems subject to § 63.1328, the owner

or operator shall submit the information

specified in § 63.104(f)(2) as part of the

Periodic Report required by this

paragraph (e)(6). Section 63.1334 shall

govern the use of monitoring data to

determine compliance for Group 1

emissions points and for Group 1 and

Group 2 emission points included in

emissions averages with the following

exception: As discussed in

§ 63.1314(a)(9), for storage vessels to

which the provisions of § 63.1334 do

not apply, as specified in the monitoring

plan required by § 63.120(d)(2), the

owner or operator is required to comply

with the requirements set out in the

monitoring plan, and monitoring

records may be used to determine

compliance.

(i) Except as specified in paragraphs

(e)(6)(xi) and (e)(6)(xii) of this section, a

report containing the information in

paragraph (e)(6)(ii) of this section or

containing the information in

paragraphs (e)(6)(iii) through (e)(6)(x) of

this section, as appropriate, shall be

submitted semiannually no later than 60

days after the end of each 6-month

period. The first report shall be

submitted no later than 240 days after

the date the Notification of Compliance

Status is due and shall cover the 6-

month period beginning on the date the

Notification of Compliance Status is

due.

(ii) If none of the compliance

exceptions specified in paragraphs

(e)(6)(iii) through (e)(6)(ix) of this

section occurred during the 6-month

period, the Periodic Report required by

paragraph (e)(6)(i) of this section shall

be a statement that there were no

compliance exceptions as described in

this paragraph for the 6-month period

covered by that report and no activities

specified in paragraphs (e)(6)(iii)

through (e)(6)(ix) of this section

occurred during the 6-month period

covered by that report.

(iii) * * *

(B) The daily average values or batch

cycle daily average values of monitored

parameters for both excused excursions,

as defined in § 63.1334(g), and

unexcused excursions, as defined in

§ 63.1334(f). For excursions caused by

lack of monitoring data, the start-time

and duration of periods when

monitoring data were not collected shall

be specified.

(C) [Reserved]

(D) The information in paragraphs

(e)(6)(iii)(D)(1) through (e)(6)(iii)(D)(4) of

this section, as applicable:

* * * * *

(2) Notification if a process change is

made such that the group status of any

emission point changes from Group 2 to

Group 1. The owner or operator is not

required to submit a notification of a

process change if that process change

caused the group status of an emission

point to change from Group 1 to Group

2. However, until the owner or operator

notifies the Administrator that the group

status of an emission point has changed

from Group 1 to Group 2, the owner or

operator is required to continue to

comply with the Group 1 requirements

for that emission point. This notification

may be submitted at any time.

(3) Notification if one or more

emission point(s) (other than equipment

leaks) or one or more TPPU is added to

an affected source. The owner or

operator shall submit the information

contained in paragraphs

(e)(6)(iii)(D)(3)(i) through

(e)(6)(iii)(D)(3)(ii) of this section:

(i) A description of the addition to the

affected source; and

(ii) Notification of the group status of

the additional emission point or all

emission points in the TPPU.

(4) For process wastewater streams

sent for treatment pursuant to

§ 63.132(g), reports of changes in the

identity of the treatment facility or

transferee.

* * * * *

(iv) For each batch process vent with

a batch mass input limitation, every

second Periodic Report shall include the

mass of HAP or material input to the

batch unit operation during the 12-

month period covered by the preceding

and current Periodic Reports, and a

statement of whether the batch process

vent was in or out of compliance with

the batch mass input limitation.

(v) * * *

(B) For additional tests performed for

the same kind of emission point using

the same method, results and any other

information, pertaining to the

performance test, that is requested on a

case-by-case basis by the Administrator

shall be submitted, but a complete test

report is not required.

(vi) Notification of a change in the

primary product of a TPPU, in

accordance with the provisions in

§ 63.1310(f). This includes a change in

primary product from one thermoplastic

product to either another thermoplastic

product or to a non-thermoplastic

product.

(vii) The results for each change made

to a predominant use determination

made under § 63.1310(g) for a storage

vessel that is assigned to an affected

source subject to this subpart after the

change. (viii) The Periodic Report shall

include the results for each change

made to a predominant use

determination made under § 63.1310(h)

for recovery operations equipment

assigned to an affected source subject to

this subpart after the change.

(ix) An owner or operator complying

with paragraph (h)(1) of this section

shall notify the Administrator of the

election to comply with paragraph (h)(1)

of this section as part of the Periodic

Report or as part of the Notification of

Compliance Status as specified in

paragraph (e)(5)(xi) of this section.

(x) An owner or operator electing not

to retain daily average or batch cycle

daily average values under paragraph

(h)(2) of this section shall notify the

Administrator as specified in paragraph

(h)(2)(i) of this section.

(xi) The owner or operator of an

affected source shall submit quarterly

reports for all emission points included

in an emissions average as specified in

paragraphs (e)(6)(xi)(A) through

(e)(6)(xi)(C) of this section.

(A) The quarterly reports shall be

submitted no later than 60 days after the

end of each quarter. The first report

shall be submitted with the Notification

of Compliance Status no later than 150

days after the compliance date.

(B) The quarterly reports shall include

the information specified in paragraphs

(e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of

this section for all emission points

included in an emissions average.

(1) The credits and debits calculated

each month during the quarter;

(2) A demonstration that debits

calculated for the quarter are not more

than 1.30 times the credits calculated

for the quarter, as required under

§ 63.1332(e)(4);

(3) The values of any inputs to the

debit and credit equations in

§ 63.1332(g) and (h) that change from

month to month during the quarter or

that have changed since the previous

quarter;

(4) Results of any performance tests

conducted during the reporting period

including one complete report for each

test method used for a particular kind of

emission point as described in

paragraph (e)(6)(v) of this section;

(5) Reports of daily average (or batch

cycle daily average) values of monitored

parameters for excursions as defined in

§ 63.1334(f);

(6) For excursions caused by lack of

monitoring data, the duration of periods

when monitoring data were not

collected shall be specified; and

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38137

(7) Any other information the affected

source is required to report under the

operating permit or Emissions

Averaging Plan for the affected source.

(C) Every fourth quarterly report shall

include the following:

(1) A demonstration that annual

credits are greater than or equal to

annual debits as required by

§ 63.1332(e)(3); and

(2) A certification of compliance with

all the emissions averaging provisions

in § 63.1332.

(xii) The owner or operator of an

affected source shall submit quarterly

reports for particular emission points

and process sections not included in an

emissions average as specified in

paragraphs (e)(6)(xii)(A) through

(e)(6)(xii)(D) of this section.

(A) The owner or operator of an

affected source shall submit quarterly

reports for a period of 1 year for an

emission point or process section that is

not included in an emissions average if:

(1) A control or recovery device for a

particular emission point or process

section has more excursions, as defined

in § 63.1334(f), than the number of

excused excursions allowed under

§ 63.1334(g) for a semiannual reporting

period; or

(2) The Administrator requests that

the owner or operator submit quarterly

reports for the emission point or process

section.

(B) The quarterly reports shall include

all information specified in paragraphs

(e)(6)(iii) through (e)(6)(ix) of this

section applicable to the emission point

or process section for which quarterly

reporting is required under paragraph

(e)(6)(xii)(A) of this section. Information

applicable to other emission points

within the affected source shall be

submitted in the semiannual reports

required under paragraph (e)(6)(i) of this

section.

(C) Quarterly reports shall be

submitted no later than 60 days after the

end of each quarter.

(D) After quarterly reports have been

submitted for an emission point for 1

year without more excursions occurring

(during that year) than the number of

excused excursions allowed under

§ 63.1334(g), the owner or operator may

return to semiannual reporting for the

emission point or process section.

(7) Other reports. Other reports shall

be submitted as specified in paragraphs

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

* * * * *

(ii) For owners or operators of affected

sources required to request approval for

a nominal control efficiency for use in

calculating credits for an emissions

average, the information specified in

§ 63.1332(i) shall be submitted as

specified in paragraph (e)(7)(ii)(A) or (B)

of this section, as appropriate.

(A) If use of a nominal control

efficiency is part of the initial Emissions

Averaging Plan described in paragraph

(e)(4)(ii) of this section, the information

in paragraph (e)(7)(ii) of this section

shall be submitted with the Emissions

Averaging Plan.

(B) If an owner or operator elects to

use a nominal control efficiency after

submittal of the initial Emissions

Averaging Plan as described in

paragraph (e)(4)(ii) of this section, the

information in paragraph (e)(7)(ii) of

this section shall be submitted at the

discretion of the owner or operator.

(iii) When the conditions of

§§ 63.1310(f)(3)(iii), 63.1310(f)(9), or

63.1310(f)(10)(iii) are met, reports of

changes to the primary product for a

TPPU or process unit as required by

§§ 63.1310(f)(3)(iii), 63.1310(f)(9), or

63.1310(f)(10)(iii)(C), respectively, shall

be submitted.

(iv) Owners or operators of TPPU or

emission points (other than equipment

leak components subject to § 63.1331)

that are subject to § 63.1310(i)(1) or (i)(2)

shall submit a report as specified in

paragraphs (e)(7)(iv)(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 § 63.1310(i)(1) or (2); and

(3) Identification of the group status of

emission points (except equipment leak

components subject to § 63.1331)

specified in paragraphs (e)(7)(iv)(A)(3)(i)

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

section, as applicable.

(i) All the emission points in the

added TPPU as described in

§ 63.1310(i)(1).

(ii) All the emission points in an

affected source designated as a new

affected source under § 63.1310(i)(2)(i).

(iii) All the added or created emission

points as described in § 63.1310(i)(2)(ii)

or (i)(2)(iii).

(4) If the owner or operator wishes to

request approval to use alternative

monitoring parameters, alternative

continuous monitoring or

recordkeeping, alternative controls,

engineering assessment to estimate

emissions from a batch emissions

episode, or wishes to establish

parameter monitoring levels according

to the procedures contained in

§ 63.1334(c) or (d), a Precompliance

Report shall be submitted in accordance

with paragraph (e)(7)(iv)(B) of this

section.

(B) Reports shall be submitted as

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

through (e)(7)(iv)(B)(3) of this section, as

appropriate.

(1) Owners or operators of an added

TPPU subject to § 63.1310(i)(1) shall

submit a report no later than 180 days

prior to the compliance date for the

TPPU.

(2) Owners or operators of an affected

source designated as a new affected

source under § 63.1310(i)(2)(i) shall

submit a report no later than 180 days

prior to the compliance date for the

affected source.

(3) Owners or operators of any

emission point (other than equipment

leak components subject to § 63.1331)

subject to § 63.1310(i)(2)(ii) or (i)(2)(iii)

shall submit a report no later than 180

days prior to the compliance date for

those emission points.

(8) Operating permit application. An

owner or operator who submits an

operating permit application instead of

an Emissions Averaging Plan or a

Precompliance Report shall include the

following information with the

operating permit application:

(i) The information specified in

paragraph (e)(4) of this section for

points included in an emissions

average; and

(ii) The information specified in

paragraph (e)(3) of this section,

Precompliance Report, as applicable.

(f) Alternative monitoring parameters.

The owner or operator who has been

directed by any section of this subpart

or any section of another subpart

referenced by this subpart, that

expressly referenced this paragraph (f)

to set unique monitoring parameters, or

who requests approval to monitor a

different parameter than those specified

in § 63.1314 for storage vessels,

§ 63.1315 or § 63.1317, as appropriate,

for continuous process vents, § 63.1321

for batch process vents and aggregate

batch vent streams, or § 63.1330 for

process wastewater shall submit the

information specified in paragraphs

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

Precompliance Report, as required by

paragraph (e)(3) of this section. The

owner or operator shall retain for a

period of 5 years each record required

by paragraphs (f)(1) through (f)(3) of this

section.

* * * * *

(3) The required information shall

include a description of the proposed

monitoring, recordkeeping, and

reporting system, to include the

frequency and content of monitoring,

recordkeeping, and reporting. Further,

the rationale for the proposed

monitoring, recordkeeping, and

38138 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

reporting system shall be included if

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

(f)(3)(ii) of this section is met:

* * * * *

(g) Alternative continuous monitoring

and recordkeeping. An owner or

operator choosing not to implement the

provisions listed in § 63.1315 or

§ 63.1317, as appropriate, for

continuous process vents, § 63.1321 for

batch process vents and aggregate batch

vent streams, or § 63.1330 for process

wastewater, may instead request

approval to use alternative continuous

monitoring and recordkeeping

provisions according to the procedures

specified in paragraphs (g)(1) through

(g)(4) of this section. Requests shall be

submitted in the Precompliance Report

as specified in paragraph (e)(3)(iv) of

this section, if not already included in

the operating permit application, and

shall contain the information specified

in paragraphs (g)(2)(ii) and (g)(3)(ii) of

this section, as applicable.

* * * * *

(3) An owner or operator may request

approval to use an automated data

compression recording system that does

not record monitored operating

parameter values at a set frequency, but

records all values that meet set criteria

for variation from previously recorded

values, in accordance with paragraphs

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

(i) * * *

(A) Measure the operating parameter

value at least once during every 15

minute period;

* * * * *

(4) An owner or operator may request

approval to use other alternative

monitoring systems according to the

procedures specified in § 63.8(f)(4).

(h) Reduced recordkeeping program.

For any parameter with respect to any

item of equipment, the owner or

operator may implement the

recordkeeping requirements specified in

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

as alternatives to the continuous

operating parameter monitoring and

recordkeeping provisions that would

otherwise apply under this subpart. The

owner or operator shall retain for a

period of 5 years each record required

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

section, except as otherwise provided in

paragraph (h)(1)(vi)(D) of this section.

(1) The owner or operator may retain

only the daily average (or batch cycle

daily average) value, and is not required

to retain more frequent monitored

operating parameter values, for a

monitored parameter with respect to an

item of equipment, if the requirements

of paragraphs (h)(1)(i) through (h)(1)(vi)

of this section are met. An owner or

operator electing to comply with the

requirements of paragraph (h)(1) of this

section shall notify the Administrator in

the Notification of Compliance Status as

specified in paragraph (e)(5)(xi) of this

section or, if the Notification of

Compliance Status has already been

submitted, in the Periodic Report

immediately preceding implementation

of the requirements of paragraph (h)(1)

of this section as specified in paragraph

(e)(6)(ix) of this section.

* * * * *

(ii) * * *

(B) The running average is based on

at least six 1-hour average values; and

* * * * *

(iv) The monitoring system will alert

the owner or operator by an alarm or

other means, if the running average

parameter value calculated under

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

reaches a set point that is appropriately

related to the established limit for the

parameter that is being monitored.

* * * * *

(vi) The owner or operator shall retain

the records identified in paragraphs

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

section.

* * * * *

(B) A description of the applicable

monitoring system(s), and of how

compliance will be achieved with each

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

through (h)(1)(v) of this section. The

description shall identify the location

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

entries) for each required record. If the

description changes, the owner or

operator shall retain both the current

and the most recent superseded

description, as provided in paragraph

(a) of this section, except as provided in

paragraph (h)(1)(vi)(D) of this section.

(C) A description, and the date, of any

change to the monitoring system that

would reasonably be expected to impair

its ability to comply with the

requirements of paragraph (h)(1) of this

section.

(D) Owners and operators subject to

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

shall retain the current description of

the monitoring system as long as the

description is current. The current

description shall, at all times, be

retained on-site or be accessible from a

central location by computer or other

means that provides access within 2

hours after a request. The owner or

operator shall retain all superseded

descriptions for at least 5 years after the

date of their creation. Superseded

descriptions shall be retained on-site (or

accessible from a central location by

computer or other means that provides

access within 2 hours after a request) for

at least 6 months after their creation.

Thereafter, superseded descriptions may

be stored off-site.

(2) * * *

(i) If the owner or operator elects not

to retain the daily average (or batch

cycle daily average) values, the owner or

operator shall notify the Administrator

in the next Periodic Report as specified

in paragraph (e)(6)(x) of this section.

The notification shall identify the

parameter and unit of equipment.

* * * * *

(iii) The owner or operator shall retain

the records specified in paragraphs

(h)(1)(i) through (h)(1)(iii) of this

section, for the duration specified in

paragraph (h) of this section. For any

calendar week, if compliance with

paragraphs (h)(1)(i) through (h)(1)(iv) of

this section does not result in retention

of a record of at least one occurrence or

measured parameter value, the owner or

operator shall record and retain at least

one parameter value during a period of

operation other than a start-up,

shutdown, or malfunction.

* * * * *

54. Revising Tables 1, 2, 6, 7, and 8,

and adding Table 9 to Subpart JJJ of Part

63, to read as follows:

TABLE 1 TO SUBPART JJJ OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJ AFFECTED SOURCES

Reference Applies to

subpart JJJ Explanation

63.1(a)(1) ................................................ Yes ........................ § 63.1312 specifies definitions in addition to or that supersede definitions in

§ 63.2.

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

63.1(a)(3) ................................................ Yes ........................ § 63.1311(g) through (l) and § 63.160(b) identify those standards which may

apply in addition to the requirements of subparts JJJ and H of this part, and

specify how compliance shall be achieved.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38139

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

SOURCES—Continued

Reference Applies to

subpart JJJ Explanation

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

A to subpart JJJ.

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

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

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

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

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

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

63.1(b)(1) ................................................ No .......................... § 63.1310(a) contains specific applicability criteria.

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

63.1(b)(3) ................................................ No .......................... § 63.1310(b) provides documentation requirements for TPPUs not considered

affected sources.

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

A to subpart JJJ.

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

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 that are

not required by subpart JJJ.

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

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

63.2 ......................................................... Yes ........................ § 63.1312 specifies those subpart A definitions that apply to subpart JJJ.

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

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

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

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

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

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

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

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

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

63.5(b)(1) ................................................ Yes ........................ Except § 63.1310(i) 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 and § 63.9(b) requirements do not apply.

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

63.5(b)(6) ................................................ Yes ........................ Except that § 63.1310(i) defines when construction or reconstruction is subject

to new source standards.

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

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

apply.

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

63.5(d)(1)(iii) ............................................ No .......................... §§ 63.1335(e)(5) and 63.1331(a)(4) 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

§ 63.1331 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) ................................................ No .......................... The dates specified in § 63.1311(b) apply, instead.

63.6(b)(2) ................................................ No.

63.6(b)(3) ................................................ No.

63.6(b)(4) ................................................ No.

63.6(b)(5) ................................................ No.

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

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

63.6(c)(1) ................................................. Yes ........................ Except that § 63.1311 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. Does not apply to

Group 2 emission points, unless they are included in an emissions average.a

63.6(e)(1)(i) ............................................. No .......................... This is addressed by § 63.1310(j)(4).

38140 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

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

SOURCES—Continued

Reference Applies to

subpart JJJ Explanation

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 § 63.1331), the start-up, shutdown, and malfunction plan requirement of § 63.6(e)(3)(i) is limited to control devices and is

optional for other equipment. The start-up, shutdown, malfunction plan may

include written procedures that identify conditions that justify a delay of repair.

63.6(e)(3)(i)(A) ........................................ No .......................... This is addressed by § 63.1310(j)(4).

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

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

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

63.3(e)(3)(iii) ............................................ No .......................... Recordkeeping and reporting are specified in § 63.1335(b)(1).

63.6(e)(3)(iv) ........................................... No .......................... Recordkeeping and reporting are specified in § 63.1335(b)(1).

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

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

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

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

63.6(e)(3)(vii) (B) ..................................... Yes ........................ Except the plan shall provide for operation in compliance with § 63.1310(j)(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 § 63.1331.

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

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

63.6(h) ..................................................... No .......................... Subpart JJJ 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 § 63.1311(e) and § 63.1335(e)(3)(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 .......................... § 63.1335(e)(5) specifies the submittal dates of performance test results for all

emission points except equipment leaks; for equipment leaks, compliance

demonstration results are reported in the Periodic Reports.

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

63.7(b) ..................................................... No .......................... § 63.1333(a)(4) specifies notification requirements.

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

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

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

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

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

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

63.7(f) ...................................................... Yes ........................ Except that § 63.144(b)(5)(iii)(A) and (B) shall apply for process wastewater.

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

§ 63.7(f)(3), approval or disapproval of the alternative test method shall not

be tied to the site specific test plan.

63.7(g) ..................................................... Yes ........................ Except that the requirements in § 63.1335(e)(5) shall apply instead of references to the Notification of Compliance Status report in § 63.9(h). In addition, equipment leaks subject to § 63.1331 are not required to conduct performance tests.

63.7(h) ..................................................... Yes ........................ Except § 63.7(h)(4)(ii) is not applicable, because 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 JJJ specifies locations to conduct monitoring.

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

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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38141

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

SOURCES—Continued

Reference Applies to

subpart JJJ Explanation

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

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

§ 63.1335(b)(1)(i)(B); for equipment leaks, comply with § 63.181(g)(2)(iii).

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

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

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

63.8(c)(4) ................................................. No .......................... § 63.1334 specifies monitoring frequency; not applicable to equipment leaks because § 63.1331 does not require continuous monitoring systems.

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

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

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

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

63.8(f)(4)(i) .............................................. No .......................... Timeframe for submitting request is specified in § 63.1335(f) or (g); not applicable to equipment leaks because § 63.1331 (through reference to subpart H)

specifies acceptable alternative methods.

63.8(f)(4)(ii) ............................................. No .......................... Contents of request are specified in § 63.1335(f) or (g).

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

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

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

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

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

63.8(g) ..................................................... No .......................... Data reduction procedures specified in § 63.1335(d) and (h); not applicable to

equipment leaks.

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

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

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

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

63.9(e) ..................................................... No .......................... § 63.1333(a)(4) specifies notification deadline.

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

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

63.9(h) ..................................................... No .......................... § 63.1335(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 .......................... § 63.1335(a) specifies record retention requirements.

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

63.10(b)(3) .............................................. No .......................... § 63.1310(b) requires documentation of sources that are not affected sources.

63.10(c) ................................................... No .......................... § 63.1335 specifies recordkeeping requirements.

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

63.10(d)(2) .............................................. No .......................... § 63.1335(e) specifies performance test reporting requirements; not applicable

to equipment leaks.

63.10(d)(3) .............................................. No .......................... Subpart JJJ 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) may be submitted at the same

time as Periodic Reports specified in § 63.1335(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 unless they are included

in an emissions average.

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

63.10(e) ................................................... No .......................... § 63.1335 specifies reporting requirements.

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

63.11 ....................................................... Yes ........................ Except that instead of § 63.11(b), § 63.1333(e) shall apply.

63.12 ....................................................... Yes ........................ Except that the authority of § 63.1332(i) and the authority of § 63.177 (for equipment leaks) shall 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 unless they are included

in an emissions average.

38142 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

TABLE 2 TO SUBPART JJJ OF PART 63.—GROUP 1 STORAGE VESSELS AT EXISTING AFFECTED SOURCES

Vessel capacity

(cubic meters)

Vapor pressure a

(kilopascals)

75≤capacity 151 ..................................................................................................................................................................................... ≥13.1

151≤capacity .......................................................................................................................................................................................... ≥5.2

a Maximum true vapor pressure of total organic HAP at storage temperature.

TABLE 6 TO SUBPART JJJ OF PART 63.—KNOWN ORGANIC HAP EMITTED FROM THE PRODUCTION OF THERMOPLASTIC

PRODUCTS

Thermoplastic product/

subcategory

Organic HAP/chemical name (CAS No.)

Acetaldehyde

(75–07–0)

Acrylonitrile

(107–13–1)

1,3 Butadiene

(106–99-0)

1,4-Dioxane

(123–91-1)

Ethylene Glycol (107–21-1)Methanol (67–

56-1)

Styrene (100–

42-5)

ABS latex ..................... ✔✔ ✔

BS using a batch emulsion process ............. ✔✔ ✔

ABS using a batch suspension process ....... ✔✔ ✔

ABS using a continuous

emulsion process ..... ✔✔ ✔

ABS using a continuous

mass process ........... ✔✔ ✔

ASA/AMSAN ................ ✔ ✔

EPS .............................. ✔

MABS ........................... ✔

BS ................................ ✔ ✔

Nitrile resin ................... ✔

PET using a batch dimethyl terephthalate

process ..................... ✔ ✔✔✔

PET using a batch terephthalic acid process ............................ ✔ ✔✔

PET using a continuous

dimethyl

terephthalate process ✔ ✔✔✔

PET using a continuous

terephthalic acid

process ..................... ✔ ✔✔

PET using a continuous

terephthalic acid high

viscosity multiple end

finisher process ........ ✔ ✔✔

Polystyrene resin using

a batch process ........ ✔

Polystyrene resin using

a continuous process ✔

SAN using a batch

process ..................... ✔ ✔

SAN using a continuous process ............ ✔ ✔

CAS No. = Chemical Abstract Service Number.

ABS = Acrylonitrile butadiene styrene resin.

ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin.

EPS = expandable polystyrene resin.

MABS = methyl methacrylate acrylonitrile butadiene styrene resin.

PET = poly(ethylene terephthalate) resin.

SAN = styrene acrylonitrile resin.

MBS = methyl methacrylate butadiene styrene resin.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38143

TABLE 7 OF SUBPART JJJ OF PART 63.—GROUP 1 BATCH PROCESS VENTS AND AGGREGATE BATCH VENT STREAMS—

MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS

Control device Parameters to be monitored

Recordkeeping and reporting requirements for monitored parameters

Thermal incinerator ................................................ Firebox temperature a .... 1. Continuous records as specified in § 63.1326(e)(1).b

2. Record and report the average firebox temperature measured

during the performance test—NCS.c

3. Record the batch cycle daily average firebox temperature as

specified in § 63.1326(e)(2).

4. Report all batch cycle daily average temperatures that are

below the minimum operating value established in the NCS or

operating permit and all instances when monitoring data are

not collected—PR.d, e

Catalytic incinerator ............................................... Temperature upstream

and downstream of

the catalyst bed.

1. Continuous records as specified in § 63.1326(e)(1).b

2. Record and report the average upstream and downstream

temperatures and the average temperature difference across

the catalyst bed measured during the performance test—NCS.c

3. Record the batch cycle daily average upstream temperature

and temperature difference across catalyst bed as specified in

§ 63.1326(e)(2).

4. Report all batch cycle daily average upstream temperatures

that are below the minimum upstream value established in the

NCS or operating permit—PR.d, e

5. Report all batch cycle daily average temperature differences

across the catalyst bed that are below the minimum difference

established in the NCS or operating permit—PR.d,e

6. Report all instances when monitoring data are not collected.e

Boiler or Process Heater with a design heat input

capacity less than 44 megawatts and where the

batch process vents or aggregate batch vent

streams are not introduced with or used as the

primary fuel.

Firebox temperature a .... 1. Continuous records as specified in § 63.1326(e)(1).b

2. Record and report the average firebox temperature measured

during the performance test—NCSc

3. Record the batch cycle daily average firebox temperature as

specified in § 63.1326(e)(2).d

4. Report all batch cycle daily average temperatures that are

below the minimum operating value established in the NCS or

operating permit and all instances when monitoring data are

not collected—PR.d e

Flare ....................................................................... Presence of a flame at

the pilot light.

1. Hourly records of whether the monitor was continuously operating during batch emission episodes, or portions thereof, selected for control and whether a flame was continuously

present at the pilot light during said periods.

2. Record and report the presence of a flame at the pilot light

over the full period of the compliance determination—NCS.c

3. Record the times and durations of all periods during batch

emission episodes, or portions thereof, selected for control

when all flames at the pilot light of a flare are absent or the

monitor is not operating.

4. Report the times and durations of all periods during batch

emission episodes, or portions thereof, selected for control

when all flames at the pilot light of a flare are absent—PR.d

Scrubber for halogenated batch process vents or

aggregate batch vent streams (Note: Controlled

by a combustion device other than a flare).

pH of scrubber effluent,

and.

1. Continuous records as specified in § 63.1326(e)(1). b

2. Record and report the average pH of the scrubber effluent

measured during the performance test—NCS.c

3. Record the batch cycle daily average pH of the scrubber effluent as specified in § 63.1326(e)(2).

4. Report all batch cycle daily average pH values of the scrubber

effluent that are below the minimum operating value established in the NCS or operating permit and all instances when

monitoring data are not collected—PR.d thnsp;e

Scrubber for halogenated batch process vents or

aggregate batch vent streams (Note: Controlled

by a combustion device other than a flare).

Scrubber liquid and gas

flow rates

[§ 63.1324(b)(4)(ii)].

1. Records as specified in § 63.1326(e)(1). b

2. Record and report the scrubber liquid/gas ratio averaged over

the full period of the performance test—NCS.c

3. Record the batch cycle daily average scrubber liquid/gas ratio

as specified in § 63.1326(e)(2).

38144 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

TABLE 7 OF SUBPART JJJ OF PART 63.—GROUP 1 BATCH PROCESS VENTS AND AGGREGATE BATCH VENT STREAMS—

MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS—Continued

Control device Parameters to be monitored

Recordkeeping and reporting requirements for monitored parameters

4. Report all batch cycle daily average scrubber liquid/gas ratios

that are below the minimum value established in the NCS or

operating permit and all instances when monitoring data are

not collected—PR.d, e

Absorberf ............................................................... Exit temperature of the

absorbing liquid, and.

1. Continuous records as specified in § 63.1326(e)(1).b

2. Record and report the average exit temperature of the absorbing liquid measured during the performance test—NCS.c

3. Record the batch cycle daily average exit temperature of the

absorbing liquid as specified in § 63.1326(e)(2) for each batch

cycle.

4. Report all the batch cycle daily average exit temperatures of

the absorbing liquid that are below the minimum operating

value established in the NCS or operating permit and all instances when monitoring data are not collected—PR.d, e

Absorberf ............................................................... Exit specific gravity for

the absorbing liquid.

1. Continuous records as specified in § 63.1326(e)(1).b

2. Record and report the average exit specific gravity measured

during the performance test—NCS.c

3. Record the batch cycle daily average exit specific gravity as

specified in § 63.1326(e)(2).

4. Report all batch cycle daily average exit specific gravity values

that are below the minimum operating value established in the

NCS or operating permit and all instances when monitoring

data are not collected—PR.d, e

Condenserf ............................................................ Exit (product side) temperature.1. Continuous records as specified in § 63.1326(e)(1).b

2. Record and report the average exit temperature measured during the performance test—NCS.c

3. Record the batch cycle daily average exit temperature as

specified in § 63.1326(e)(2).

4. Report all batch cycle daily average exit temperatures that are

above the maximum operating value established in the NCS or

operating permit and all instances when monitoring data are

not collected—PR.d, e

Carbon Adsorberf .................................................. Total regeneration

steam flow or nitrogen

flow, or pressure

(gauge or absolute)

during carbon bed regeneration cycle(s),

and.

1. Record the total regeneration steam flow or nitrogen flow, or

pressure for each carbon bed regeneration cycle.

2. Record and report the total regeneration steam flow or nitrogen

flow, or pressure during each carbon bed regeneration cycle

measured during the performance test—NCS.c

3. Report all carbon bed regeneration cycles when the total regeneration steam flow or nitrogen flow, or pressure is above

the maximum value established in the NCS or operating permit—PR.d, e

Carbon Adsorber ................................................... Temperature of the carbon bed after regeneration and within 15

minutes of completing

any cooling cycle(s).

1. Record the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling

cycle(s).

2. Record and report the temperature of the carbon bed after

each regeneration and within 15 minutes of completing any

cooling cycles(s) measured during the performance test—

NCS.c

3. Report all carbon bed regeneration cycles when the temperature of the carbon bed after regeneration, or within 15 minutes

of completing any cooling cycle(s), is above the maximum

value established in the NCS or operating permit—PR.d, e

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

device or.

1. Hourly records of whether the flow indicator was operating during batch emission episodes, or portions thereof, selected for

control and whether a diversion was detected at any time during said periods as specified in § 63.1326(e)(3).

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38145

TABLE 7 OF SUBPART JJJ OF PART 63.—GROUP 1 BATCH PROCESS VENTS AND AGGREGATE BATCH VENT STREAMS—

MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS—Continued

Control device Parameters to be monitored

Recordkeeping and reporting requirements for monitored parameters

2. Record and report the times of all periods during batch emission episodes, or portions thereof, selected for control when

emissions are diverted through a bypass line or the flow indicator is not operating—PR.d

All control devices .................................................. Monthly inspections of

sealed valves.

1. Records that monthly inspections were performed as specified

in § 63.1326(e)(4)(i).

2. Record and report all monthly inspections that show the valves

are in the diverting position or that a seal has been broken—

PR.d

Absorber, Condenser, and Carbon Adsorber (as

an alternative to the requirements previously

presented in this table).

Concentration level or

reading indicated by

an organic monitoring

device at the outlet of

the control device.

1. Continuous records as specified in § 63.1326(e)(1).b

2. Record and report the average batch vent concentration level

or reading measured during the performance test—NCS.c

3. Record the batch cycle daily average concentration level or

reading as specified in § 63.1326(e)(2).

4. Report all batch cycle daily average concentration levels or

readings that are above the maximum value established in the

NCS or operating permit and all instances when monitoring

data are not collected—PR.d, e

a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat exchange is encountered. b ‘‘Continuous records’’; is defined in § 63.111.

c NCS = Notification of Compliance Status described in § 63.1335(e)(5).

dPR = Periodic Reports described in § 63.1335(e)(6).

eThe periodic reports shall include the duration of periods when monitoring data are not collected as specified in § 63.1335(e)(6)(iii)(C). fAlternatively, these devices may comply with the organic monitoring device provisions listed at the end of this table.

TABLE 8 TO SUBPART JJJ OF PART 63—OPERATING PARAMETERS FOR WHICH LEVELS ARE REQUIRED TO BE

ESTABLISHED FOR CONTINUOUS AND BATCH PROCESS VENTS AND AGGREGATE BATCH VENT STREAMS

Device Parameters to be monitored Established operating parameter(s)

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

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

the catalyst bed.

Minimum upstream temperature; and minimum temperature difference across the

catalyst bed.

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

Scrubber for halogenated vents ......................... pH of scrubber effluent; and scrubber liquid

and gas flow rates [§ 63.1324(b)(4)(ii)].

Minimum pH; and minimum liquid/gas ratio.

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

exit specific gravity of the absorbing liquid.

Maximum temperature; and maximum specific

gravity.

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

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

flow, or pressure (gauge or absolute) a during carbon bed regeneration cycle; and

temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)).

Maximum flow or pressure; and maximum

temperature.

Other devices (or as an alternate to the requirements previously presented in this table) b.HAP concentration level or reading at outlet of

device.

Maximum HAP concentration or reading.

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

b Concentration is measured instead of an operating parameter.

TABLE 9 OF SUBPART JJJ OF PART 63—ROUTINE REPORTS REQUIRED BY THIS SUBPART

Reference Description of report Due date

§ 63.1335(b) and Subpart A ............................... Refer to Table 1 and Subpart A ...................... Refer to Subpart A

63.1335(e)(3) ...................................................... Precompliance Report a ................................... Existing affected sources—12 months prior to

the compliance date. New affected

sources—with application for approval of

construction or reconstruction.

63.1335(e)(4) ...................................................... Emissions Averaging Plan ............................... 18 months prior to the compliance date.

63.1335(e)(4)(iv) ................................................. Updates to Emissions Averaging Plan ............ 120 days prior to making the change necessitating the update.

38146 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

TABLE 9 OF SUBPART JJJ OF PART 63—ROUTINE REPORTS REQUIRED BY THIS SUBPART—Continued

Reference Description of report Due date

63.1335(e)(5) ...................................................... Notification of Compliance Status b ................. Within 150 days after the compliance date.

63.1335(e)(6) ...................................................... Periodic Reports .............................................. Semiannually, no later than 60 days after the

end of each 6-month period. See

§ 63.1335(e)(6)(i) for the due date for the

first report.

63.1335(e)(6)(xi) ................................................. Quarterly reports for Emissions Averaging ...... No later than 60 days after the end of each

quarter. First report is due with the Notification of Compliance Status.

63.1335(e)(6)(xii) ................................................ Quarterly reports upon request of the Administrator.No later than 60 days after the end of each

quarter.

63.1335(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.

63.1335(e)(7)(ii) .................................................. Requests for Approval of a Nominal Control

Efficiency for Use in Emissions Averaging.

Initial submittal is due with the Emissions

Averaging Plan specified in

§ 63.1335(e)(4)(ii); later submittals are

made at the discretion of the owner or operator as specified in § 63.1335(e)(7)(ii) (B).

63.1335(e)(7)(iii) ................................................. Notification of Change in the Primary Product For Notification under § 63.1310(f)(3)(ii)—notification submittal date at the discretion of

the owner or operator.c

For Notification under § 63.1310(f)(4)(ii)—within 6 months of making the determination.

aThere may be two versions of this report due at different times; one for equipment subject to § 63.1331 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 § 63.1331 and one for other emission points subject to this subpart. c Note that the TPPU remains subject to this subpart until the notification under § 63.1310(f)(3)(i) is made.

[FR Doc. 00–11418 Filed 6–16–00; 8:45 am]

BILLING CODE 6560–50–P