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OAR Box 1875 

Prepped by Ollie Stewart 

Document Number: 

50) ll-E-68 

Docket Number: 

A-90-19 

Printed 12/1/200811:12:47 AM Sheet 50 of 86 
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A-90-19 

ll-E-68 

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_ _ UNITED STATES ENVIRONMENTAL PROTECT . .. .. 

| KMK ^ 1 Office of Air Quality Planning and Standards 

\ ^yv|y^ / Research Triangle Park, North Carolina 27711 

MEMORANDUM 

DEC 4 I992 

SUBJECT: CMA and EPA/ESD Meeting of June 19, 1992 on 

Applicability of the Hazardous Organic NESHAP (HON) 

FROM: Janet S. Meyer 

Standards Development Branch, ESD 

TO: Docket A-90-19, Hazardous Organic NESHAP: 

General Information and Process Vents 

I. Purpose 

This meeting was held to discuss the Chemical Manufacturers 

Association's (CMA's) suggested clarifications of the 

applicability of the draft proposal package. 

II. Place and Date of Meeting 

N. C. Mutual Bldg. 

Large 6th floor conference room , "\; \. 

Durham, North Carolina \,3; Y 

June 16, 1992 \$_u '*^ 

Attendees „-* - Ck. 

David Gustafson, DOW Chemical j^—*"* 

Amy Meyers, CMA '""""* 

Jan Meyer, EPA/ESD/SDB 

IV. Discussion 

Attachment 1 presents CMA's suggested edits of the draft 

Subpart F. The suggested changes include CMA's editorial 

corrections to the text, changes to reflect CMA's recommended 

approach for defining applicability, and suggestions on a means 

to resolve the overlap between product accumulator vents and 

process vents and storage vents. 

Jan Meyer agreed to review the suggested changes and 

consider whether the changes would help clarify applicability of 

the rule. 

Attachment 
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•Attachment 1 bf^AT T 

§63.100(b)(iii), page 301 

(iii) For chemical manufacturing processes that are designed and operated 

as either batch operations or as flexible operation plants where different primary 

products are produced in cycles, the provisions of Subparts F, G, and H shall 

only apply during those times when the CMP is producing as a primary product 

one of the chemicals listed in 663.105 of this Subpart, or in 663.184 of Subpart H. 

equipment is operating with processes that use organic HAP's as a reactant or 

that produce as a product one or more of the organic HAP's listed in §63.101 for 

Subparts F and G, or the VHAP's listed in §63.183 for Subpart H. 

§63.100(b)(4), page 303 

(4) Where a storage vessels or transfer racks-are is shared among CMPs 

that are not subject to this Subpart and CMPs that are subject, the storage vessel 

or transfer rack shall be considered part of the manufacturing process that has 

the predominate use. If the throughput predominate use associated with two or 

more CMPs of a vessel or rack ate is equal, and a______St one of the processes 

CMPs is subject to this Subpart, the vessel or rack shall be considered part of the 

process CMP that is subject to this Subpart. 

{_) Storage vessels and transfer racks that are directly related to the 

operation of a CMP, and are clearly located within the same CMP's boundary 

shall only be regulated as equipment within that specific CMP. 

(ii) Storage vessels and transfer racks that are located within a CMP 

boundary but are not directly related to that CMP will be regulated, if applicable, 

by their predominate use CMP description below. 

{iU) The predominate use applies to storage vessels and transfer racks 

within the contiguous facility that are either not specifically located within a 

CMP boundary, or they are referenced in 663.100fb,,4ViiV The predominate use 

is the CMP providing the greatest throughput into the storage vessel or transfer 

rack or. if the greatest input into the vessel or rack is from off-site of the 

contiguous facility, then the predominate use is the CMP which receives the 

greatest amount of productirom the vessel or rack. 

(ix) In situations where a storage vessel changes contents, the chemical 

that is stored in the vessel for the majority of an annual calendar period will be 

used to determine the predominate use. 

NOTE: Strike throughs indicate removed text; Underlined text indicates suggested 

change. 
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§63.100(b)(5), page 304 

(5) For the purposes of this Subpart, the equipment associated with a 

chemical manufacturing process is considered to start at the storage vessel for 

feed or raw materials and continues through all the unit process operations up to 

the entrance to the next air oxidation or reactor operation or transfer of the 

product off site, the chemical manufacturing process (CMP, consists of the 

equipment that is used to produce a primary product listed in §63.105. The CMP 

may also include other equipment that produces intermediate or final products 

that are directly associated with the primary product due to the chemistry of the 

process. The specific equipment can typically include air oxidation, reactor, and 

distillation units, and it may include feed, intermediate and final product storage 

tanks and transfer racks. 

Paragraph (i) below may be a better fit in a preamble discussion...Comments? 

(i) The equipment also includes all storage vessels used to receive 

product from the CMP that do not provide feed or raw materials for other on-site 

processes. The CMP boundary is usually determined by management decisions 

that separate CMPs because of operating, maintenance or accounting 

responsibilities related to the primary product. The boundary may also be 

determined by physical conditions such as roadways, or at isolation valves that 

separate different CMPs. 

(ii) The piping and equipment that transfers HAP materials between 

two CMPs is not considered to be equipment within the CMP boundary and it is 

not subject to the HON. unless specifically identified in Subpart F. G or H. The 

owner or operator may assign to either CMP any storage vessel that both stores 

product form one CMP subject to this Subpart and supplies raw material to 

another CMP subject to this Subpart. 

(iii) Equipment within the CMP boundary that does not contain HAPs. 

except for trace quantities, will not be subject to the HON. For example, if a 

distillation train removes all of the HAPs (below the applicability threshold in 

the respective standard). then the equipment downstream of this removal step is 

not subject to the standard. 

§63.100(c), page 304 

(c) The following are not subject to Subparts F through. G and H: 

(1) Any chemical manufacturing process (CMP, that does not produce 

as a primary product any of the chemicals listed in 663.105 of this Subpart or in 

663.184 of Subpart H. 
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"biaA^T 

(2>&_ Any chemical manufacturing process producing a chemical listed 

in §63.105 of this Subpart or in §63.184 of Subpart H that does not use as a 

reactant or manufacture as a primary product one or more of the organic HAP's 

listed in §63.104 of this Subpart or the VHAP's listed in §63.183 of Subpart H is 

exempt from all provisions of Subparts F, G, and H except the reporting and 

recordkeeping requirements in §63.103(e) of this Subpart. , 

(3)(2) The provisions of Subparts F through H do not apply to any 

* Research and development facilities, regardless of whether the facilities are 

located at the same plant site as a source CMP that is subject to the provisions of 

this Subparts F. G or H. 

(4)(3. The provisions of Subparts F through H do not apply to any 

pPetroleum refining processes, regardless of whether the unit supplies 

feedstocks that include chemicals listed in §63.105 to chemical manufacturing 

processes that are subject to the provisions of Subparts F through, G or H. 

(5) Ethylene processes, regardless of whether the unit supplies 

feedstocks that include chemicals listed in 663.105 or 663.184 to CMPs that are 

subject to provisions of Subparts F. G or H. 

§63.101 Definitions, page 307 

Chemical manufacturing process (CMP) means the equipment 

assembled and connected by pipes or ducts to manufacture as a primary product^ 

one or more of the chemicals listed in §63.105 of the Subpart. The CMP may also 

include other equipment that produces intermediate or final products that are 

directly associated with the primary product due to the chemistry of the process. 

For the purpose of this Subpart, CMP includes all the equipment associated with 

the unit operations including air oxidation, reactor and distillation units, and it 

may include feed, intermediate and final product storage tanks and transfer 

racks if they are regulated equipment identified in 663.1000. ,(4. storage and 

transport of feed material to the unit operations, and storage and transfer of 

products from the unit operations. The CMP is identified by its primary 

product, 

Ethylene Process refers to a CMP in which ethylene and /or propylene 

are produced by separation from petroleum refining process streams or by 

subjecting hydrocarbons to high temperatures in the presence of steam and then 

separating and purifying these chemicals. The ethylene process includes all 

equipment used in the pretreatment of the raw materials and other associated 

streams, including streams containing one or more chemicals listed in 663.104. 

663.105. 663.183. or 663.184 which are subsequently extracted and purified in 

another CMP. 
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T^RAP T 

Primary Product means any a chemical or compound listed in §63.105 of 

this Subparts or 663.184 of Subpart H. which is manufactured as ihfi a final 

primary intended product of a CMP, as that chemical, or for use in the 

production of other chemicals or compounds. Co products, by-products, and 

isolated intermediates that are separated and subsequently used in other 

processes are considered to be products. Reaction intermediates that are never 

isolated are not considered products. The primary intended product for a CMP 

is; 

0} the chemical or compound whose production is clearly the 

intended purpose of the CMP, or 

(2) if only one intended primary product can not be clearly 

established, then the primary intended product is the chemical or 

compound that is predominate when evaluated on an annual 

design capacity mass basis, however. 

m if all of the intended primary products are equal, and any of 

them are listed in either 663.105 or 663.184. then one of those 

listed chemicals or compounds must be selected as the primary 

product. 

The following discussion addresses some of the concerns that where discussed at one of 

our recent Air Toxics Meetings. The marked-up text will be added at the end once the 

concept is agreed upon 

PRODUCT ACCUMULATOR VESSELS (PAVs) 

§63.100(e), page 305 (primary reference location) 

ISSUE 

The inclusion of product accumulator vessel requirements in the HON MACT 

Standards is unnecessary and should be removed to enhance compliance with 

the rule. The vents that were intended for coverage have already been effectively 

addressed by the current structure of the draft rule. Suggested language that will 

achieve similar results is included at the end of this paper. 

BACKGROUND 

Product Accumulator Vessel (PAV) requirements currently exist in Subpart V, 

NESHAP standards for vinyl chloride and benzene equipment leaks. This 

standard requires that PAVs be equipped with a closed-vent system capable of 

capturing and transporting any leakage from the vessel to a control device. 
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DI^A^1"" 

The inclusion of the PAV requirement into the equipment leak regulations has 

always created confusion since the PAV inclusion was focused on the control of a 

process vent instead of an fugitive type of emission. The piping and 

components associated with a PAV would be addressed by the other language in 

the rule, if applicable. 

The rational for inclusion of the PAV requirement into Subpart V is believed to 

result from a general need to regulate PAV "vents" under this rule since a better 

fit did not exist elsewhere. In the preamble for Subpart J (49 FR 23500, June 6, 

1984), the following rational helps to document this belief. 

"The standard for product accumulator vessels effectively requires 

venting accumulator vessel emissions to a system that complies 

with the requirements as discussed in the Closed-vent systems and 

control devices portion of this section of the preamble." (emphasis 

added) 

In addition, 49 FR 23514 defines a PAV as: 

"... any distillate receiver, bottoms receiver, surge control vessel, or 

separator in VHAP service that is vented to atmosphere either 

directly or through a vacuum-producing system..." (emphasis 

added) 

Since Subpart V regulated only vinyl chloride and benzene, the overall confusion 

and implementation difficulty was not excessive. 

CURRENT CONCERN 

The inclusion of the PAV requirements has been included with the draft notice of 

the Equipment Leaks Rule (56 FR 9315, March 6,1991) which is intended to 

expand the requirement from two chemicals to 149 listed chemicals and 

compounds of chemicals. This action raises the following issues: 

1. The practical understanding and implementation is extremely difficult 

since the identification of these units is not clear. This confusion is 

complicated by the inclusion of a vent provision in an equipment leak 

regulation. 

2. The current MACT HON activity also addresses PAVs on page 305 of the 

draft rule by stating: 

"(e) The equipment leaks standards in Subpart H of this Part 

shall not apply to a product accumulator vessel if the vent 

from the product accumulator vessel is in compliance with 
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the provisions for process vents in Subpart G of this Part." 

(emphasis added) 

The applicability for the process vents is believed to be more stringent and 

encompassing than the Subpart H requirements, which should effectively 

eliminate the need to reference Subpart H. The only applicability area 

that would not be covered are the six special cases for specified chemical 

in process units such as styrene-butadiene rubber production, 

polybutadiene production, chlorine production, pesticide production, 

chlorinated hydrocarbon use, pharmaceutical production, and 

miscellaneous butadiene use. However, since the apparent intent is to 

regulate vents from PAVs, these vents should be addressed during the 

MACT rulemaking for that specific source category, not under the 

equipment leak rule. 

3. The definition for PAVs on page 346 of the draft rule refers to equipment 

that is either a receiver, surge vessel or product separator. The definition 

is identifying equipment that can best be described as a storage vessel. 

These storage vessels would typically have a much shorter hold time than 

a vessel that stores a final product, and in many cases the flow through the 

tank will be continuous. The clarity of the rule could be greatly improved 

by addressing these vessels under the HON MACT standard for storage 

vessels, and dropping the references for PAVs. Taking this action should 

result in the same intent, but with much less uncertainty. 

RECOMMENDED CHANGES 

The following language from the draft rule contains mark-ups that reflect 

changes that will improve the overall implementation of the rule: 

.marked-up text to be added later. 

-END OF FAX-