46804 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–5879–7]

RIN 2060–AE81

National Emission Standards for

Hazardous Air Pollutants for Polyether

Polyols Production

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rules and notice of

public hearing.

SUMMARY: The proposed rule will reduce

emissions of hazardous air pollutants

(HAP) from existing and new facilities

that manufacture polyether polyols and

are located at major source plant sites.

Polyether polyols are used to make a

variety of products. Urethane grade

polyether polyols are used as raw

material in the production of

polyurethanes, including slabstock and

molded flexible foams, rigid foams, and

other polyurethanes including

microcellular products, surface coatings,

elastomers, fibers, adhesives, and

sealants. Nonurethane polyether polyols

are used as surfactants, lubricants,

degreasing agents, hydraulic fluids,

cosmetics, and pharmaceuticals.

In the production of these polyols,

HAP are used primarily as reactants or

extraction solvents. The HAP emitted by

the facilities covered by this proposed

rule include ethylene oxide (EO),

propylene oxide (PO), hexane, toluene,

and incidental emissions of several

other HAP. Some of these pollutants are

considered to be probable human

carcinogens when inhaled and all can

cause toxic effects following exposure.

The proposed rule is estimated to

reduce emissions of these pollutants by

1,810 Mg/yr. Because all of the

pollutants are also volatile organic

compounds (VOC), which are

precursors to ambient ozone, the

proposed rule would aid in the

reduction of tropospheric ozone.

The emission reductions achieved by

these standards when combined with

the emission reductions achieved by

other similar standards, will achieve the

primary goal of the Clean Air Act,

which is to ‘‘enhance the quality of the

Nation’s air resources so as to promote

the public health and welfare and the

productive capacity of its population.’’

The intent of this rule is to protect the

public by requiring the maximum

degree of reduction in emissions of HAP

from new and existing major sources,

taking into consideration the cost of

achieving such emission reduction, and

any non-air quality, health and

environmental impacts, and energy

requirements.

DATES: Comments. Comments must be

received on or before November 3, 1997.

Public Hearing. If anyone contacts

EPA requesting to speak at a public

hearing by September 25, 1997, a public

hearing will be held in Research

Triangle Park, North Carolina on

October 6, 1997, beginning at 10 a.m.

Persons interested in attending the

hearing should call Ms. Maria Noell at

(919) 541–5607 to verify that a hearing

will be held.

Request to Speak at Hearing. Persons

wishing to present oral testimony must

contact EPA by September 25, 1997 by

contacting Ms. Maria Noell, Organic

Chemicals Group (MD–13), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

5607.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to the Air and Radiation

Docket and Information Center (6102),

Attention: Docket No. A–96–38, U.S.

Environmental Protection Agency, 401

M Street SW, Washington, DC 20460.

The EPA requests that a separate copy

also be sent to the contact person listed

under the FOR FURTHER INFORMATION

CONTACT section. Comments and data

may also be submitted electronically by

following the instructions provided in

the SUPPLEMENTARY INFORMATION section.

No Confidential Business Information

(CBI) should be submitted through

electronic mail.

Public Hearing. The public hearing, if

requested, will be held at the EPA’s

Office of Administration Auditorium,

Research Triangle Park, North Carolina.

Docket. The official record for this

rulemaking, as well as the public

version, has been established under

Docket No. A–96–38 (including

comments and data submitted

electronically as described above). A

public version of this record, including

printed, paper versions of electronic

comments and data, which does not

include any information claimed as CBI,

is available for inspection from 8 a.m. to

4 p.m., Monday through Friday,

excluding legal holidays. The official

rulemaking docket is located at the

address in the ADDRESSES section above.

Alternatively, a docket index, as well as

individual items contained within the

docket, may be obtained by calling (202)

260–7548. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: For

information concerning the proposed

rule, contact Mr. David Svendsgaard at

(919) 541–2380, Organic Chemicals

Group, Emission Standards Division

(MD–13), U.S. Environmental Protection

Agency, Research Triangle Park, North

Carolina 27711.

SUPPLEMENTARY INFORMATION: Electronic

Filing. Electronic comments can be sent

directly to the EPA at: a-and-rdocket@epamail.epa.gov. Electronic

comments and data must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Comments and data will

also be accepted on disks in

WordPerfect 5.1 or 6.1 file format or

ASCII file format. All comments and

data in electronic form must be

identified by the docket number A–96–

38. Electronic comments may be filed

online at many Federal Depository

Libraries.

Regulated entities. Entities potentially

regulated by this action upon

promulgation are polyether polyols

production facilities. Regulated

categories and entities include:

Category Examples of regulated entities

Industry ......... Producers of polyether

polyols.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that EPA is now

aware could potentially be regulated by

this action. Other types of entities not

listed in the table could also be

regulated. To determine whether your

facility is regulated by this action, you

should carefully examine the

applicability criteria in § 63.1420 of the

proposed rule. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

In addition to its inclusion in this

notice, the regulatory text is available in

Docket No. A–96–38, or from the EPA

contact person designated in this notice.

The proposed regulatory language is

also available on the Technology

Transfer Network (TTN) on the EPA’s

electronic bulletin boards. The TTN

provides information and technology

exchange in various areas of air

pollution control. The service is free,

except for the cost of a telephone call.

Dial (919) 541–5742 for up to a 14,400

bps modem. For further information,

call the TTN HELP line at (919) 541–

5384, from 1 p.m. to 5 p.m., Monday

through Friday, or access the TTN Web

site at: http://ttnwww.rtpnc.epa.gov.
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46805

The Basis and Purpose Document,

which contains the rationale for the

various components of the standard, is

available in the docket and on the TTN.

This document is entitled Hazardous

Air Pollutant Emissions from the

Production of Polyether Polyols—Basis

and Purpose Document for Proposed

Standards, May 1997, and has been

assigned document number EPA–453/

R–97–003a.

Other materials related to this

rulemaking are also available for review

in the docket. Some of the technical

memoranda have been compiled into a

single document, the Supplementary

Information Document (SID), to allow

interested parties more convenient

access to the information. The SID is

entitled Hazardous Air Pollutant

Emissions from the Production of

Polyether Polyols—Supplementary

Information Document for Proposed

Standards, May 1997, and has been

assigned document number EPA–453/

R–97–003c.

The information presented in this

preamble is organized as follows:

I. List of Source Categories

II. A Summary of Considerations Made in

Developing This Standard

III. Authority for National Emission

Standards for Hazardous Air Pollutants

Decision Process

A. Source of Authority for NESHAP

Development

B. Criteria for Development of NESHAP

IV. Summary of Proposed Standard

A. Source Category to be Regulated

B. Relationship to Other Rules

C. Pollutants to be Regulated

D. Affected Emission Points

E. Format of the Standards

F. Proposed Standards

G. Recordkeeping and Reporting

Requirements

V. Discussion of Major Issues

VI. Summary of Environmental, Energy, Cost

and Economic Impacts

A. Facilities Affected by These NESHAP

B. Primary Air Impacts

C. Other Environmental Impacts

D. Energy Impacts

E. Cost Impacts

F. Economic Impacts

VII. Administrative Requirements

A. Public Hearing

B. Docket

C. Executive Order 12866

D. Enhancing the Intergovernmental

Partnership Under Executive Order

12875

E. Paperwork Reduction Act

F. Regulatory Flexibility Act

G. Unfunded Mandates Reform Act

H. Miscellaneous

I. List of Source Categories

The EPA identified a total of

approximately 84 plant sites producing

polyether polyols. Of the 84 facilities,

78 are considered in the analysis

supporting this proposed rule, and are

believed to be major sources according

to the 1990 Amendments criterion of

having the potential to emit 10 tons per

year of any one HAP or 25 tons per year

of combined HAP. The proposed rule

would apply to all major sources that

produce polyether polyols. Area sources

would not be subject to this proposed

rule.

In developing the background

information to support the proposed

rule, the EPA decided it was appropriate

to subcategorize the source category for

purposes of analyzing the maximum

achievable control technology (MACT)

floors and regulatory alternatives. The

subcategories are: Polyether polyols

made from the polymerization of

epoxides; and polyether polyols made

from the polymerization of

tetrahydrofuran (THF). (An ‘‘epoxide’’ is

a chemical compound consisting of a

three-membered cyclic ether. Ethylene

oxide and propylene oxide are the only

epoxides that are listed as HAP under

section 112(b) of the Clean Air Act.)

Subcategorization was necessary due to

the distinctively different nature of the

epoxide and THF processes and its

effect on the applicability of controls.

One noteworthy distinction between the

two subcategories is that the first group,

polyols made with epoxides, uses a

HAP as the monomer, whereas the

second group does not use a HAP

monomer. Additionally, the first group

performs the reaction primarily on a

batch basis, while the second group,

polyols made with THF, performs the

reaction on a continuous basis.

Although the level of the proposed

standard is identical for wastewater,

storage vessels, and equipment leaks,

the technical analyses were conducted

separately for each subcategory to

determine the appropriate level of the

standard.

The Agency obtained data from

facilities that make polyether products

by polymerizing a compound having

multiple reactive hydrogen atoms,

resulting in the formation of a ‘‘polyol,’’

and from facilities that make polyethers

by polymerizing a compound with a

single reactive hydrogen, which forms a

‘‘mono-ol.’’ The Agency then

investigated the distinctions between

the production units and the emissions

controls for products from these two

groups. The Agency found no

fundamental difference between the

processes, the chemistry, the emissions,

or the types of control equipment.

Further, many producers use the same

process equipment to produce polyols

and mono-ols, yet they generically refer

to both types of products as ‘‘polyols.’’

Therefore, for the purposes of this

regulation, the Agency intends the term

‘‘polyether polyols’’ to represent both

polyether polyols and polyether monools.

II. Summary of Considerations Made in

Developing This Standard

The Clean Air Act was created in part

‘‘to protect and enhance the quality of

the Nation’s air resources so as to

promote the public health and welfare

and the productive capacity of its

population’’ (Clean Air Act, section

101(b)(1)). Available emission data,

collected during the development of

these proposed National Emission

Standards for Hazardous Air Pollutants

(NESHAP), show that the primary

pollutants emitted by polyether polyols

production that are listed in Section

112(b)(1) are ethylene oxide (EO),

propylene oxide (PO), hexane and

toluene and other incidental HAP. The

proposed emission limits are projected

to reduce HAP emissions by 47 percent

from both subcategories. All reported

HAP from polyether polyol producers

are volatile organic compounds (VOC),

therefore, this regulation is projected to

reduce VOC emissions by 1,810

megagram per year (Mg/yr). The

following is a summary of the potential

health effects associated with exposure

to these HAP that would be reduced by

the standard.

Acute (short-term) exposure to high

concentration of ethylene oxide in air

can cause nausea, vomiting,

neurological disorders, and even death.

Lower concentrations may irritate the

eyes, skin, and lungs. Chronic (longterm) exposure to EO irritates the eyes,

skin, and mucous membranes and

impairs central nervous system (CNS)

function. Inhalation exposure may

increase miscarriage rates in workers,

and animal studies have shown adverse

reproductive effects in males and

females. Developmental effects, such as

malformations and decreased fetal

weight have been noted in animals.

Long-term exposure to high levels of EO

(c. 7000 ppm or more) may lead to

cataracts in humans. Limited data exist

suggesting elevated rates of leukemia,

stomach and pancreatic cancer, and

Hodgkin’s disease in workers exposed to

EO by inhalation; animal studies

indicate that inhalation of EO causes

lung and uterine tumors. EPA has

classified EO as a Group B1 (probable)

human carcinogen.

Acute exposure of workers to PO has

been linked to CNS effects such as

headache, weakness, loss or

coordination, and coma. Propylene

oxide also irritates the eyes and

respiratory tract, causing coughing and

difficulty in breathing, possibly leading
46806 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

to pulmonary edema and pneumonia.

No adverse health effects from chronic

PO exposure in humans have been

reported. Chronic animal studies have

reported neurological disorders and

inflammatory lesions of the nasal cavity,

trachea, and lungs. EPA has classified

PO as a Group B2 (probable) human

carcinogen on the basis of nasal tumors

observed in rodents exposed by

inhalation.

Acute inhalation of toluene by

humans may cause CNS effects such as

fatigue, headache, and nausea, as well

as irregular heartbeat. Repeated

exposure to high concentrations may

induce loss of coordination, tremors,

decreased brain size, and involuntary

eye movements, and may impair speech,

hearing, and vision. Chronic exposure to

toluene in humans has also been

reported to irritate the skin, eyes, and

respiratory tract, and to cause dizziness,

headaches, and difficulty with sleep.

Children exposed to toluene before birth

may suffer nervous system dysfunction,

attention deficits, and minor face and

limb defects. Inhalation of toluene by

pregnant women may increase the risk

of spontaneous abortion. Because data

are inadequate to assess potential cancer

risk the EPA has classified toluene in

Group D, not classifiable as to human

carcinogenicity.

Acute exposure by humans to high

levels of hexane causes mild CNS

depression and irritation of the skin and

mucous membranes. Nervous system

effects include dizziness, nausea, and

headaches. Chronic exposure to hexane

is associated with numbness in the

extremities, muscular weakness, blurred

vision, headache, and fatigue. No

information is available on reproductive

or developmental effects of hexane

exposure in humans, but inhalation

studies have reported testicular damage.

Because data are inadequate to assess

potential cancer risk, the EPA has

classified hexane in Group D, not

classifiable as to human carcinogenicity.

The effects of these HAP vary in

severity based on the level and length of

exposure and are influenced by sourcespecific characteristics such as emission

rates and local meteorological

conditions. Health impacts are also

dependent on multiple factors that

affect human variability such as

genetics, age, health status (e.g.,

presence of pre-existing disease) and

lifestyle. The EPA does not have

sufficient detailed data to conduct an

intensive analysis to determine the

actual population exposures to the HAP

and resulting health effects around these

facilities. This rule is technology-based;

i.e., based on maximum achievable

control technology. In addition, it is not

a ‘‘significant’’ rule as defined by

Executive Order 12866, and a benefits

analysis is not required. Considering

these factors, the EPA chose not to

expend the resources required to collect

additional data and conduct an

intensive health impacts analysis.

Therefore, the EPA does not know the

extent to which the adverse health

effects described above occur in the

populations surrounding these facilities.

However, to the extent the adverse

effects do occur, the proposed standard

will substantially reduce emissions and

exposures to the level achievable with

MACT. The seriousness of risks

remaining after impositions of the final

MACT standards will be examined at a

later date, as provided for under section

112(f) of the Clean Air Act.

The alternatives considered in the

development of this regulation,

including those alternatives selected as

standards for new and existing

polyether polyols production facilities,

are based on process and emission data

received from a questionnaire sent to

urethane and nonurethane polyether

polyols producing facilities, and on

additional information submitted by the

Society of the Plastics Industry (SPI).

The EPA met with industry and State

representatives several times to discuss

these data. In addition, facilities and

State regulatory authorities had the

opportunity to comment on draft

versions of the MACT regulatory

provisions, and to provide additional

information. Several facilities and States

did provide comments, and these

comments were considered in preparing

the proposed standard.

The proposed standards give existing

facilities three years from the date of

promulgation to comply. This is the

maximum amount of time allowed

under the Clean Air Act. New sources

are required to comply with the

requirements of the standards upon

startup. The number of existing plants

considered to be major sources, and

therefore affected by this rule, is

estimated to be 78.

Included in the proposed rule are

methods for determining initial

compliance, as well as monitoring,

recordkeeping, and reporting

requirements. All of these components

are necessary to ensure that sources will

comply with the standards both initially

and over time. However, the EPA has

made every effort to simplify the

requirements in the rule. The Agency

has also attempted to maintain

consistency with existing regulations by

either incorporating applicable text from

existing regulations or referencing

existing regulations, depending on

which method would be less confusing

for a given situation.

This rule introduces the concept of

‘‘extended cookout,’’ which is a

pollution prevention technique that has

been employed by some industry

members as an alternative to installing

traditional add-on control devices. The

EPA worked with the industry and State

agency representatives to delineate

requirements for demonstrating

compliance from the use of extended

cookout.

As described in the Basis and Purpose

document, regulatory alternatives were

considered that included a combination

of requirements equal to, and above, the

minimum level of control allowed by

the Clean Air Act (i.e., the ‘‘floor’’—see

section III.B.). Cost-effectiveness was a

factor considered in evaluating options

above the floor; in cases where options

more stringent than the floor were

selected, they were judged to have a

reasonable cost effectiveness. Non-air

environmental and health factors, as

well as energy impacts were also

considered for the proposed standards.

Representatives from other interested

EPA offices and programs, as well as

representatives from State regulatory

agencies, are included in the regulatory

development process. Therefore, the

EPA believes that the implications to

other EPA offices and programs have

been adequately considered during the

development of these standards.

III. Authority for National Emission

Standards for Hazardous Air Pollutants

Decision Process

A. Source of Authority for NESHAP

Development

Section 112 of the 1990 Amendments

gives the EPA the authority to establish

national standards to reduce air

emissions from sources that emit one or

more HAP. Section 112(b) contains a list

of HAP to be regulated by NESHAP.

Section 112(c)directs the EPA to use this

pollutant list to develop and publish a

list of source categories for which

NESHAP will be developed. The EPA

must list all known source categories

and subcategories of ‘‘major sources’’

(defined below) that emit one or more

of the listed HAP. A major source is

defined in section 112(a) as any

stationary source or group of stationary

sources located within a contiguous area

and under common control that emits or

has the potential to emit in the

aggregate, considering controls, 10 tons

per year or more of any one HAP or 25

tons per year or more of any

combination of HAP. This list of source

categories was published in the Federal
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46807

Register on July 16, 1992 (57 FR 31576)

and included polyether polyols.

B. Criteria for Development of NESHAP

The NESHAP are to be developed to

control HAP emissions from both new

and existing sources according to the

statutory directives set out in section

112(d) of the 1990 Amendments. The

statute requires the standards to reflect

the maximum degree of reduction in

emissions of HAP that is achievable for

new or existing sources. This control

level is referred to as the MACT.

The MACT ‘‘floor’’ is the least

stringent level allowed for MACT

standards. For new sources, the

standards for a source category or

subcategory ‘‘shall not be less stringent

than the emission control that is

achieved in practice by the best

controlled similar source, as determined

by the Administrator’’ (section

112(d)(3)). Existing source standards

shall be no less stringent than the

average emission limitation achieved by

the best performing 12 percent of the

existing sources for categories and

subcategories with 30 or more sources

or the average emission limitation

achieved by the best performing five

sources for categories or subcategories

with fewer than 30 sources (section

112(d)(3)). These two minimum levels

of control define the MACT floor for

new and existing sources. When the

selection of MACT considers control

levels more stringent than the MACT

floor described above, its selection must

reflect consideration of the cost of

achieving the emission reduction, any

non-air quality, health, and

environmental impacts, and energy

requirements.

IV. Summary of Proposed Standards

This section provides a summary of

the proposed regulation. The full

regulatory text is printed in today’s

notice and is also available in Docket

No. A–96–38, directly from the EPA, or

from the Technology Transfer Network

(TTN) on the EPA’s electronic bulletin

boards. More information on how to

obtain a copy of the proposed regulation

is provided at the beginning of the

SUPPLEMENTARY INFORMATION section of

this document.

A. Source Category To Be Regulated

These proposed standards would

regulate HAP emissions from polyether

polyols manufacturing process units

(PMPU) provided that a PMPU is a

major source or is located at a plant site

that is a major source. Polyether polyols

are defined as the products formed by

the reaction of ethylene oxide (EO),

propylene oxide (PO), or other cyclic

ethers with compounds having one or

more reactive hydrogens (i.e., a

hydrogen atom bonded to nitrogen,

sulfur, oxygen, phosphorous, etc.). This

definition excludes materials regulated

as glycols or glycol ethers under the

Hazardous Organic NESHAP (HON). For

the proposed rule, an affected source is

defined as each group of one or more

PMPU, that is manufacturing polyether

polyols and that is located at a plant site

that is a major source.

If a plant site with an existing affected

source producing a polyether polyol as

its primary product constructs a new

PMPU also producing a polyether

polyol as its primary product, the new

PMPU is a new affected source if the

new PMPU has the potential to emit

more than 10 tons per year of a single

HAP, or 25 tons per year of all HAP. In

this situation, the plant site would have

an existing affected source and a new

source. Each subsequent new PMPU

with potential HAP emissions above the

levels cited above would be a separate

new affected source.

New affected sources are also created

when a PMPU is constructed at a major

source plant site where the polyether

polyol product was not previously

produced (with no consideration of the

potential HAP emissions from the

PMPU). Another instance where a new

affected source is created is if a new

PMPU is constructed at a new plant site

(i.e., green field site) that will be a major

source. The final manner in which a

new affected source is created is when

an existing affected source undergoes

reconstruction, thus making the

previous existing source subject to new

source standards.

B. Relationship to Other Rules

Sources subject to the proposed rule

are also subject to other existing rules.

In some cases, the proposed rule

supersedes existing rules and affected

sources are no longer required to

comply with the existing rule. In other

cases, there is no conflict between the

existing rule and the proposed rule, and

in these cases, the affected source must

comply with both rules.

Sources subject to the proposed rule

may have storage vessels subject to the

NSPS for Volatile Organic Liquid

Storage Vessels (40 CFR part 60, subpart

Kb). After the compliance date for this

rule, such storage vessels are only

subject to this rule and are no longer

required to comply with subpart Kb.

Sources subject to the proposed rule

may have cooling towers subject to the

NESHAP for Industrial Cooling Towers

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

conflict between the requirements of

subpart Q and the proposed rule.

Therefore, sources subject to both rules

must comply with both rules.

C. Pollutants To Be Regulated

The source categories covered by the

proposed rule emit a variety of HAP.

The most significant emissions are of

the following HAP: EO, PO, hexane, and

toluene. These proposed standards

would regulate emissions of these

compounds, as well as all other organic

HAP that are emitted during the

production of polyether polyols.

D. Affected Emission Points

Emissions from the following types of

emission points (i.e., emission source

types) are being covered by the

proposed rule: Storage vessels, process

vents, equipment leaks, and wastewater

operations.

E. Format of the Standards

As discussed in more detail in Section

IV.F, the proposed standards, the HON

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

and the Group I Polymers and Resins

NESHAP (subpart U of 40 CFR part 63)

provided a basis for selection of the

proposed formats. In most instances, the

format of these proposed standards is

the same as those found in the HON

and/or the Group I Polymers and Resins

NESHAP. The following paragraphs

summarize the selected formats,

including those that are different from

the HON and/or the Group I Polymers

and Resins NESHAP. The formats and

their basis for selection are discussed in

more detail in the Basis and Purpose

Document for this proposed regulation.

For storage vessels for both

subcategories, the format of these

proposed standards is dependent on the

method selected to comply with the

standards. If tank improvements (e.g.,

internal or external floating roofs with

proper seals and fittings) are selected,

the format is a combination of design,

equipment, work practice, and

operational standards. If a closed vent

system and combustion, recovery, or

recapture device are selected, the format

is a combination of design and

equipment standards.

For process vents that make polyether

polyols using epoxides or THF, the

format of these proposed standards is a

percent aggregate emission reduction.

For equipment leaks from both

subcategories, these proposed standards

incorporate several formats: Equipment,

design, lowest allowable performance

levels (e.g., maximum allowable percent

leaking valves), work practices, and

operational practices. Different formats

are necessary for different types of

equipment, available control

techniques, and applicability of the
46808 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

measurement method. In addition, a

work practice standard is adopted for

equipment leaks resulting in the

emission of HAP from cooling towers at

all facilities producing polyether

polyols. This standard requires the leak

detection and repair of leaks of HAP

into cooling tower water.

For wastewater streams requiring

control from both subcategories of the

source category, these proposed

standards incorporate several formats:

Equipment, operational, work practice,

and emission standards. The particular

format selected depends on which

portion of the wastewater stream is

involved. For transport and handling

equipment, the selected format is a

combination of equipment standards

and work practices. For the reduction of

HAP from the wastewater stream itself,

several alternative formats are

incorporated, including five alternative

numerical emission limit formats

(overall percent reduction for total

organic HAP, individual HAP percent

reduction, effluent concentration limit

for total organic HAP, individual

organic HAP effluent concentration

limits, and mass removal for HAP) and

equipment design and operation

standard for a steam stripper. For vapor

recovery and destruction devices other

than flares, the format is a weight

percent reduction. For flares, the format

is a combination of equipment and

operating specifications.

F. Proposed Standards

The standards being proposed for the

following emission sources at new and

existing facilities have the same

applicability (i.e., group determination

criteria) and control requirements as

those promulgated for the

corresponding emission source types at

existing sources subject to the HON

(Subpart F for general requirements,

Subpart G for process vents, wastewater

and storage vessels, and subpart H for

equipment leaks): storage vessels;

process vents from polyether polyol

production with THF; process vents

from continuous unit operations that

emit nonepoxide HAP while making or

modifying the polyol; equipment leaks,

and wastewater. The requirements for

process vents that emit nonepoxide

HAP from making or modifying the

product are based on the process vent

sections of subpart G (for vents from

continuous unit operations) and subpart

U (for vents from batch unit operations),

except that the Group 1/Group 2 criteria

are applied to the combination of

process vents associated with the use of

nonepoxide HAP to make or modify the

product, rather than on individual

vents. The process vent provisions for

epoxide emission and nonepoxide HAP

emissions from catalyst extraction

require a specified emission reduction

for the combination of all process vent

streams at an affected source.

Tables 1 and 2 summarize the level of

control being proposed for new and

existing sources, respectively. Where

the applicability criteria and required

level of control is the same as the HON,

this is indicated in the table as ‘‘HON.’’

When the table lists ‘‘epoxides’’ it is

referring to EO and PO, the HAP

monomers used in the polyether polyols

process. ‘‘Nonepoxide HAP’’ refers to

organic HAP other than EO and PO that

are used in this process. The following

sections describe these proposed

standards in more detail, by emission

source type. The rationale for the

selection of the proposed standards is

contained in the Basis and Purpose

Document. The Basis and Purpose

Document is available as described in

the SUPPLEMENTARY INFORMATION section

of this Preamble.

TABLE 1.—SUMMARY OF LEVEL OF PROPOSED STANDARDS FOR EXISTING SOURCES

Emission sources

Source, category, Waste Equip;

subcategory Storage Process vents a water leaks

Polyether Polyols

made with THF.

HON ....... The Group 1/Group 2 criteria are from § 63.115(d)(1) or (d)(2), and (d)(3) of subpart G.

If the collection of vents is Group 1, the control requirement is 98% emission reduction

HON ....... HON

Epoxides Nonepoxide HAP in making or modifying the

product

Nonepoxide

HAP in catalyst

extraction

Polyether Polyols

made with

Epoxides.

HON ....... 98 percent aggregate emission reduction.For process vents from batch unit operations, the

Group 1/Group 2 criteria are from 40 CFR 63

Subpart U. If the collection of vents is Group 1,

the control requirement is a 90 percent aggregate emission reduction.

90 percent aggregate emission reduction.HON ....... HON

For process vents from continuous unit operations, the Group 1/Group 2 criteria are from

§ 63.115(d)(1) or (d)(2), and (d)(3) of subpart G.

If the collection of vents is Group 1, the control

requirement is a 98 percent aggregate emission

reduction.

aFor Group1/Group 2 determination, the appropriate criteria are applied to the combination of all applicable process vents and not to individual

process vents.

TABLE 2.—SUMMARY OF LEVEL OF PROPOSED STANDARDS FOR NEW SOURCES

Emission sources

Source, category, Waste Equip;

subcategory Storage Process vents a water leaks

Polyether Polyols

made with THF.

HON ....... The Group 1/Group 2 criteria are from § 63.115(d)(1) or (d)(2), and (d)(3) of subpart G.

If the collection of vents is Group 1, the control requirement is 98% emission reduction

HON ....... HON
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46809

TABLE 2.—SUMMARY OF LEVEL OF PROPOSED STANDARDS FOR NEW SOURCES—Continued

Epoxides Nonepoxide HAP in making or modifying the

product

Nonepoxide

HAP in catalyst

extraction

Polyether Polyols

made with

Epoxides.

HON ....... 99.9 percent aggregate emission reduction.For process vents from batch unit operations, the

Group 1/Group 2 criteria are from 40 CFR 63

Subpart U. If the collection of vents is Group 1,

the control requirement is a 90 percent aggregate emission reduction.

98 percent aggregate emission reduction.HON ....... HON

For process vents from continuous unit operations, the Group 1/Group 2 criteria are from

§ 63.115(d)(1) or (d)(2), and (d)(3) of subpart G.

If the collection of vents is Group 1, the control

requirement is a 98 percent aggregate emission

reduction.

aFor Group1/Group 2 determination, the appropriate criteria are applied to the combination of all applicable process vents and not to individual

process vents.

1. Storage Vessels

For polyether polyols made with

either epoxides or THF, the storage

vessel requirements at new and existing

affected sources are identical to the

HON storage vessel requirements in

subpart G for existing sources. For this

proposed rule ‘‘storage vessel’’ is a tank

or other vessel that is associated with a

PMPU and that stores a liquid

containing one or more organic HAP.

The proposed rule specifies assignment

procedures for determining whether a

storage vessel is associated with a

polyether polyols process unit. The

storage vessel provisions do not apply to

the following (1) vessels permanently

attached to motor vehicles, (2) pressure

vessels designed to operate in excess of

204.9 kPa (29.7 psia), (3) vessels with

capacities smaller than 38 m3 (10,000

gal), (4) wastewater tanks, and (5)

vessels storing liquids that contain HAP

only as impurities. An impurity is

produced coincidentally with another

chemical substance and is processed,

used, or distributed with it. The owner

or operator must determine if the

storage vessel is Group 1 or Group 2;

Group 1 storage vessels require control

while Group 2 do not. The criteria for

determining whether a storage vessel is

Group 1 or Group 2 are shown in Table

3, and are the same as the HON criteria

for existing sources.

TABLE 3.—GROUP 1 STORAGE VESSEL

CRITERIA

Vessel capacity (cubic meters)

Vapor

pressurea

(kPa)

Existing and new sources:

75<=capacity<151 ................... >=13.1

151>=capacity ......................... >=5.2

a Maximum true vapor pressure of total HAP

at average storage temperature.

The storage provisions require that

one of the following control systems be

applied to Group 1 storage vessels: (1)

An internal floating roof with proper

seals and fittings; (2) an external floating

roof with proper seals and fittings; (3)

an external floating roof converted to an

internal floating roof with proper seals

and fittings; or (4) a closed vent system

with a 95 percent efficient combustion,

recovery, or recapture device. The

storage provisions give details on the

types of seals and fittings required.

Monitoring and compliance provisions

include periodic visual inspections of

vessels, roof seals, and fittings, as well

as internal inspections. If a closed vent

system and combustion, recovery, or

recapture device is used, the owner or

operator must establish appropriate

monitoring procedures. Reports and

records of inspections, repairs, and

other information necessary to

determine compliance are also required

by the storage provisions.

2. Process Vents

There are separate process vent

provisions in the proposed rule for the

two polyether polyol subcategories.

These requirements are discussed in the

following sections.

a. Control requirements. i. Polyether

polyols that use epoxides as a reactant.

For the polyols that use epoxides, the

process vent provisions are separated

into three groups, which are based on

the function of the organic HAP in the

production process. These groups are (1)

EO and PO (i.e., epoxide) emissions

resulting from the use of these

chemicals as reactants; (2) emissions of

organic HAP other than EO or PO (i.e.,

‘‘nonepoxide HAP’’) from their use in

making or modifying the polyether

polyol product; and (3) emissions of

nonepoxide HAP from their use in

catalyst extraction.

Requirements for Epoxide Emissions.

The process vent provisions for epoxide

emissions require the owner or operator

of existing sources using epoxides to

reduce the aggregate total epoxide

process vent emissions by 98 weightpercent, and by 99.9 weight-percent for

new sources. In the determination of the

control efficiency, uncontrolled

emissions are measured at the outlet of

the unit operation, and controlled

emissions at the outlet of the

combustion, recovery, or recapture

device. Primary condensers operating as

reflux condensers are considered part of

the unit operation and not a recovery

device.

In addition to achieving the 98 (or

99.9) percent reduction using a

combustion, recovery, or recapture

device, the proposed rule also allows

the use of ‘‘extended cook-out’’ as a

means of reducing emissions by the

required percentage. This pollution

prevention technique reduces emissions

by extending the time of reaction, thus

leaving less unreacted epoxides to be

emitted downstream.

If a combustion, recovery, or

recapture device is used to reduce

epoxide emissions, an owner or operator

can comply by demonstrating that each

outlet stream after the control option

has a concentration of 20 ppmv epoxide

for existing sources. This is considered

to be equivalent to demonstrating a 98

percent control efficiency from a

combustion, recovery or recapture

device.

As an alternative to the 98 percent

emission reduction, owners or operators

of existing sources can maintain a

epoxide emission factor from the PMPU

of no more than 1.7 X 10¥2 kilograms

of epoxide emissions per megagram of

product made (kg/Mg). The

corresponding emission factor for new

sources is 4.4 X 10¥3 kg/Mg.

Compliance with this alternative
46810 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

limitation will be achieved by

developing and following an epoxide

annual emissions plan, which must

include provisions for the monitoring of

the process and any combustion,

recovery, or recapture device parameters

to demonstrate continuous compliance

with the emission limitation.

Requirements for nonepoxide HAP

emissions from catalyst extraction. The

process vent provisions require the

owner or operator of existing sources

using epoxides to reduce the aggregate

total nonepoxide organic HAP

emissions by 90 weight-percent from

process vents associated with catalyst

extraction at existing sources. For new

sources the requirement is a reduction

in these emissions of 98 weight-percent.

This provision only applies if a

nonepoxide organic HAP is used in the

catalyst extraction process. As with the

epoxide provisions, uncontrolled

emissions are measured at the outlet of

the unit operation, and controlled

emissions at the outlet of the

combustion, recovery, or recapture

device. Primary condensers operating as

reflux condensers are considered part of

the unit operation and not a recovery

device.

Requirements for nonepoxide HAP

used to make or alter the product. There

are separate provisions for batch and

continuous processes for process vents

associated with the use of nonepoxide

organic HAP to make or alter the

product. The approach for vents from

both batch and continuous unit

operations is to determine if the

collection of process vents in each

PMPU that are associated with the use

of nonepoxide organic HAP to make or

alter the product is Group 1 or Group 2.

If the combination of vents is

determined to be Group 1, the aggregate

nonepoxide organic HAP emissions are

required to be reduced by 90 percent for

batch processes and 98 percent for

continuous processes. These

requirements are the same for new and

existing sources.

For vents from batch unit operations,

the Group 1 criteria are the same as the

criteria in the Group 1 Polymers and

Resins rule, except that these criteria are

applied to the combination of all vents

for this proposed polyether polyol rule,

and the criteria are applied to

individual vents in the Polymers and

Resins rule. The Group status is

determined by calculating the annual

emissions from all the applicable vents,

and using these emissions to calculate a

‘‘cut-off’’ flow rate. This cutoff flow rate

is then compared to the actual

combined annual average flow rate for

all the vents. If the actual annual

average flow rate is less than the cutoff

flow rate, the group of vents is Group 1,

and must be controlled by 90 percent.

For continuous vents, the HON Group

1 criteria are used, except that they are

again applied to the aggregated vent

streams. The group of vents are Group

1 if they have a combined flow rate

greater than or equal to 0.005 standard

cubic meters per minute, a combined

HAP concentration greater than or equal

to 50 parts per million by volume

(ppmv), and a total resource

effectiveness index value (TRE) less

than or equal to 1.0.

There is one notable difference in the

provisions for nonepoxide HAP

emissions from making or altering the

product for continuous processes and

the other continuous process vent

provisions in the proposed rule for

epoxide processes (i.e., Epoxide

emission requirements and nonepoxide

HAP emissions from catalyst

extraction). For the nonepoxide HAP

emissions from making or altering the

product, the TRE of the combined vent

streams is calculated after the final

recovery device. Therefore, the recovery

device may be used to reduce emissions

so that the TRE is increased and the

combined stream is Group 2, but the

recovery device may not be used to

achieve the required percentage

reduction for the combination of vents

that are Group 1.

Monitoring is required for those

Group 2 continuous process vent

streams whose combined stream

characteristics result in a TRE index

value between 1.0 and 4.0, to ensure

that the combination of those streams do

not become Group 1, which would then

require control.

For either batch or continuous

processes, the owner or operator can

make the Group 1/Group 2

determination, or the owner or operator

can elect to comply directly with the

control requirements. As noted above,

the TRE index value is determined after

the final recovery device in the process

or prior to venting to the atmosphere.

The TRE calculation involves an

emissions test or engineering

assessment and use of the TRE

equations in § 63.115 of subpart G.

ii. Polyether polyols that use THF as

a reactant. The proposed rule directly

references the HON process vent

provisions in subpart G for polyether

polyols processes that use THF as a

reactant. These provisions require a

Group 1/Group 2 determination (on an

individual vent basis), and the control

of Group 1 process vent streams by 98

percent or the use of a flare.

b. Monitoring, reporting, and

recordkeeping provisions for process

vents. Monitoring, reporting, and

recordkeeping provisions necessary to

demonstrate compliance are also

included in the process vent provisions.

Compliance with the monitoring

provisions is based on parametric

monitoring of the combustion, recovery,

or recapture device, or monitoring of the

process parameters if extended cook-out

is used to control epoxide emissions.

Daily monitoring parameters are

recorded to determine compliance.

3. Wastewater Operations

For both polyether polyol

subcategories the proposed wastewater

provisions are identical to the

wastewater provisions in subparts F and

G. The proposed rule applies to any

HAP-containing water, raw material,

intermediate, product, co-product, or

waste material that exits any polyether

polyols production process unit

equipment and has either (1) a total

organic HAP concentration of 5 ppmw

or greater and a flow rate of 0.02 liters

per minute (lpm) or greater; or (2) a total

organic HAP concentration of 10,000

parts per million by weight (ppmw) or

greater at any flow rate. ‘‘Wastewater,’’

as defined in § 63.101 of subpart F,

encompasses both maintenance

wastewater and process wastewater. The

process wastewater provisions also

apply to HAP-containing residuals that

are generated from the management and

treatment of Group 1 wastewater

streams. Examples of process

wastewater streams include, but are not

limited to, wastewater streams exiting

process unit equipment (e.g., condenser

stream decanter water), feed tank

drawdown, vessel washout/cleaning

that is part of the routine batch cycle,

and residuals recovered from waste

management units. Examples of

maintenance wastewater streams are

those generated by descaling of heat

exchanger tube bundles, cleaning of

distillation column traps, and draining

of pumps into an individual drain

system.

a. Maintenance wastewater. For

maintenance wastewater, the proposed

rule incorporates the requirements of

§ 63.105 of subpart F for maintenance

wastewater. This requires owners or

operators to prepare a description of

procedures that will be used to manage

HAP-containing wastewater created

during maintenance activities, and to

implement these procedures.

b. Process wastewater. The Group 1/

Group 2 approach from the HON is also

used for these proposed wastewater

provisions, with Group 1 process

wastewater streams requiring control

and Group 2 process wastewater streams

not requiring control. For existing and

new sources, a Group 1 wastewater
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46811

stream is one with an average flow rate

greater than or equal to 10 lpm and a

total organic HAP average concentration

greater than or equal to 1,000 ppmw.

An owner or operator may determine

the organic HAP concentration and flow

rate of wastewater stream either (1) at

the point of determination; or (2)

downstream of the point of

determination. If wastewater stream

characteristics are determined

downstream of the point of

determination, an owner or operator

must make corrections for (1) losses by

air emissions; (2) reduction of organic

HAP concentration or changes in flow

rate by mixing with other water or

wastewater streams; and (3) reduction in

flow rate or organic HAP concentration

by treating or otherwise handling the

wastewater stream to remove or destroy

HAP. An owner or operator can

determine the flow rate and organic

HAP concentration for the point of

determination by (1) sampling; (2) using

engineering knowledge; or (3) using

pilot-scale or bench-scale test data. Both

the applicability determination and the

Group 1/Group 2 determination must

reflect the wastewater characteristics

before losses due to volatilization, a

concentration differential due to

dilution, or a change in organic HAP

concentration or flow rate due to

treatment.

There are instances where an owner

or operator can bypass the group

determination. An owner or operator is

allowed to designate a wastewater

stream or mixture of wastewater streams

to be a Group 1 wastewater stream

without actually determining the flow

rate and organic HAP concentration for

the point of determination. Using this

option, an owner or operator can simply

declare that a wastewater stream or

mixture of wastewater streams is a

Group 1 wastewater stream and that the

emissions from the stream(s) are

controlled from the point of

determination through treatment. An

owner or operator is required to

determine the wastewater stream

characteristics (i.e., organic HAP

concentration and flow rate) for the

designated Group 1 wastewater stream

in order to establish the treatment

requirements in § 63.138. Also, an

owner or operator who elects to use the

process unit alternative in § 63.138(d) of

subpart G or the 95-percent biological

treatment option in section 63.138(e) of

subpart G is not required to make a

Group 1/Group 2 determination.

Controls must be applied to Group 1

wastewater streams, unless the source

complies with the source-wide mass

flow rate provisions of §§ 63.138(c)(5) or

(c)(6) of subpart G; or implements

process changes that reduce emission as

specified in § 63.138(c)(7) of subpart G.

Control requirements include (1)

suppressing emissions from the point of

determination to the treatment device;

(2) recycling the wastewater stream or

treating the wastewater stream to the

required Fr values for each organic HAP

as listed in table 9 of subpart G (The

required Fr values in table 9 of subpart

G are ‘‘fraction removed’’ (or removal

efficiency) based on a steam stripper,

with specified operating parameters, as

the control technology); (3) recycling

any residuals or treating any residuals to

destroy the total combined HAP mass

flow rate by 99 percent or more; and (4)

controlling the air emissions generated

by treatment processes. While emission

controls are not required for Group 2

wastewater streams, owners or operators

may opt to include them in management

and treatment options.

Suppression of emissions from the

point of determination to the treatment

device will be achieved by using covers

and enclosures and closed-vent systems

to collect organic HAP vapors from the

wastewater and convey them to

treatment devices. Air emissions routed

through closed-vent systems from

covers, enclosures, and treatment

processes must be reduced by 95

percent for combustion or recovery

devices; or to a level of 20 ppmv for

combustion devices.

The treatment requirements are

designed to reduce the organic HAP

content in the wastewater prior to

placement in units without air

emissions controls, and thus to reduce

the HAP emissions to the atmosphere.

Section G of the preamble provides

several compliance options, including

percent reduction, effluent

concentration limitations, and mass

removal.

For demonstrating compliance with

the various requirements, owners or

operators have a choice of using a

specified design, conducting

performance tests, or documenting

engineering calculations. Appropriate

compliance, monitoring, reporting, and

recordkeeping provisions are included

in the regulation.

4. Equipment Leaks

The equipment leak provisions in the

proposed rule refer directly to the

requirements contained in subpart H.

The standards would apply to

equipment in organic HAP service 300

or more hours per year that is associated

with a PMPU, including valves, pumps,

connectors, compressors, pressure relief

devices, open-ended valves or lines,

sampling connection systems,

instrumentation systems, surge control

vessels, bottoms receivers, and agitators.

The provisions also apply to closed-vent

systems and combustion, recovery, or

recapture devices used to control

emissions from any of the listed

equipment.

a. Pumps and valves. This proposed

standard requires leak detection and

repair (LDAR) for pumps in light liquid

service and for valves in gas or light

liquid service. Standards for both are

implemented in three phases. The first

and second phases for both types of

equipment consist of an LDAR program,

with lower leak definitions in the

second phase. The LDAR program

involves a periodic check for organic

vapor leaks with a portable instrument;

if leaks are found, they must be repaired

within a certain period of time. In the

third phase, the periodic monitoring (a

work practice standard) is combined

with a performance requirement for an

allowable percent leaking components.

The standard requires monthly

monitoring of pumps using an

instrument and weekly visual

inspections for indications of leaks. In

the first two phases of the valve

standard, quarterly monitoring is

required. In phase three, semiannual or

annual monitoring may be used by

process units with less than 1 percent

and less than 0.5 percent leaking valves,

respectively.

In phase three, if the base

performance levels for a type of

equipment are not achieved, owners or

operators must, in the case of pumps,

enter into a quality improvement

program (QIP), and in the case of valves

may either enter into a QIP or

implement monthly LDAR. The QIP is

a concept that enables plants exceeding

the base performance levels to

eventually achieve the desired levels

without incurring penalty or being in a

noncompliance status. As long as the

requirements of the QIP are met, the

plant is in compliance. The basic QIP

consists of information gathering,

determining superior performing

technologies, and replacing poorer

performers with the superior

technologies until the base performance

levels are achieved.

b. Connectors. The rule also requires

LDAR of connectors in gas or light

liquid service. The monitoring

frequency for connectors is determined

by the percent leaking connectors in the

process unit and the consistency of

performance. Process units that have 0.5

percent or greater leaking connectors are

required to monitor all connectors

annually. Units that have less than 0.5

percent may monitor biannually and

units that show less than 0.5 percent for
46812 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

two monitoring cycles may monitor

once every four years.

c. Other equipment. Subpart H also

contains standards for other types of

equipment, compressors, open-ended

lines, pressure relief devices, and

sampling connection systems.

Compressors are required to be

controlled using a barrier-fluid seal

system, by a closed vent system to a

combustion, recovery, or recapture

device, or must be demonstrated to have

no leaks greater than 500 ppm HAP.

Sampling connections must be closedpurge or closed-loop system, or must be

controlled using a closed vent system to

a combustion, recovery, or recapture

device. Agitators must either be

monitored for leaks or use systems that

are better designed such as dual

mechanical seals. Pumps, valves,

connectors, and agitators in heavy

liquid service; instrumentation systems;

and pressure relief devices in liquid

service are subject to instrumental

monitoring only if evidence of a

potential leak is found through sight,

sound, or smell. Instrumentation

systems consist of smaller pipes and

tubing that carry samples of process

fluids to be analyzed to determine

process operating conditions or systems

for measurement of process conditions.

Surge control vessels and bottoms

receivers are required to be controlled

using a closed vent system vented to a

combustion, recovery, or recapture

device. However, the applicability of

controls to surge control vessels and

bottoms receivers is based on the size of

the vessel and the vapor pressure of the

contents. The criteria for determining

whether controls are required for surge

control vessels and bottoms receivers

are the same as for storage vessels.

d. Other provisions. Under certain

conditions, delay of repair beyond the

required period may be acceptable.

Examples of these situations include

where: (1) A piece of equipment cannot

be repaired without a process

shutdown, (2) equipment is taken out of

HAP service, (3) emissions from repair

will exceed emissions from delay of

repair until the next shutdown, and (4)

equipment with better leak performance

such as pump with single mechanical

seals are replaced with dual mechanical

seals.

In addition, specific alternative

standards are included for batch

processes and enclosed buildings. For

batch processes, the owner or operator

can choose either to meet similar

standards to those for continuous

processes with monitoring frequency

pro-rated to time in use of HAP, or to

periodically pressure test the entire

system. For enclosed buildings, the

owner or operator may forego

monitoring if the building is kept under

a negative pressure and emissions are

routed through a closed vent system to

an approved combustion, recovery, or

recapture device.

The equipment leak standards require

the use of Method 21 of appendix A of

part 60 to detect leaks. Method 21

requires a portable organic vapor

analyzer to monitor for leaks from

equipment in use. Test procedures using

either a gas or a liquid for pressure

testing the batch system are specified to

detect for leaks.

The standards would require certain

records to demonstrate compliance with

the standard, and the records must be

retained in a readily accessible

recordkeeping system. Subpart H

requires the records be maintained for

equipment that would be subject to the

standards, testing associated with batch

processes, design specifications of

closed vent systems and combustion,

recovery, or recapture devices, test

results from performance tests, and

information required by equipment in

the QIP.

G. Recordkeeping and Reporting

Requirements

Specific recordkeeping and reporting

requirements related to each emission

source type are included in the

applicable sections of the proposed rule.

Section 63.1439 of the proposed rule

provides general reporting,

recordkeeping, and testing

requirements.

The general reporting, recordkeeping,

and testing requirements of this subpart

are very similar to those found in

subparts F, G, and U. The proposed rule

also incorporates provisions of subpart

A of part 63. A table included in the

proposed rule designates which sections

of subpart A apply to the proposed rule.

This rule incorporates by reference the

General Provisions in subpart A as

promulgated on March 13, 1994.

However, the EPA is in the process of

drafting amendments to the General

Provisions. If this subpart is

promulgated subsequent to the

promulgation of the amendments to the

General Provisions, the amended

General Provisions will be incorporated

into this subpart.

The proposed rule requires sources to

keep records and submit reports of

information necessary to determine

applicability and document compliance.

The proposed rule requires retention of

hourly average values of monitored

parameters for continuous process

vents. For batch process vents, the

proposed rule requires daily average

values of monitored parameters. If there

is a monitoring parameter excursion, the

15-minute values for the excursion

period must be retained. The proposed

rule also requires that records of all

residual HAP content test results must

be kept for five years.

Section 63.1439 of the proposed rule

lists the following types of reports that

must be submitted to the Administrator

as appropriate: (1) Start-up, shutdown,

and malfunction plan; (2) Application

for Approval of Construction or

Reconstruction; (3) Initial Notification;

(4) Precompliance Report, (5)

Notification of Compliance Status; (6)

Periodic Reports; (7) Other reports, and;

(8) Operating permit application.

Operating permit may be substituted for

a Precompliance Report. The

requirements for each of the eight types

of reports are summarized below. As

can be noted, § 63.1435 incorporates the

reporting requirements of subpart H,

which require owners and operators to

submit three types of reports: (1) An

Initial Notification; (2) a Notification of

Compliance Status; and (3) Periodic

Reports.

1. Start-up, Shutdown, and Malfunction

Plan

The plan would describe procedures

for operating and maintaining the

affected source during periods of startup, shutdown, and malfunction and a

program for corrective action for

malfunctioning process and air

pollution equipment used to comply

with this subpart.

2. Application for Approval of

Construction or Reconstruction

The proposed rule requires that the

owners or operator comply with § 63.5

of subpart A regarding the application

for approval of construction or

reconstruction, excluding the provisions

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

(d)(2), and (d)(3)(ii) of subpart A.

3. Initial Notification

The Initial Notification would be

required within 120 calender days after

the effective date of the rule and shall

provide the following information:

(a) The name and address of the

owner or operator;

(b) The address (i.e., physical

location) of the affected source;

(c) An identification of the relevant

standard, or other requirement, that is

the basis of the notification and the

source’s compliance date;

(d) A brief description of the nature,

size, design, and method of operation of

the source, including its operating

design capacity and an identification of

each point of emission for each HAP, or

if a definitive identification is not yet
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46813

possible, a preliminary identification of

each point of emission for each HAP,

and;

(e) A statement of whether or not the

affected source is a major source.

4. Precompliance Report

Affected sources requesting an

extension for compliance, or requesting

approval to use alternative monitoring

parameters, alternative continuous

monitoring and recordkeeping, or

alternative controls, shall submit a

Precompliance Report.

5. Notification of Compliance Status

The Notification of Compliance Status

would be required to be submitted

within 150 days after the source’s

compliance date. It contains the

information for emission points that

need to comply with the rule, that are

necessary to demonstrate that

compliance has been achieved. Such

information includes, but is not limited

to, the results of any performance test

for continuous and/or batch process

vents, an ECO, and wastewater emission

points; one complete test report for each

test method used for a particular kind of

emission point; design analyses for

storage vessels and wastewater emission

points; and monitored parameter levels

for each emission point and supporting

data for the designated level. The

Notification of Compliance Status

required by subpart H must be

submitted within 90 days after the

compliance date.

6. Periodic Reports

Generally, Periodic Reports would be

submitted semiannually. However, there

is an exception. If monitoring results

show that the parameter values for an

emission point are above the maximum

or below the minimum established

levels for more than one percent of the

operating time in a reporting period, or

the monitoring system is out of service

for more than five percent of the time,

the regulatory authority may request

that the owner or operator submit

quarterly reports for that emission point.

After one year, semiannual reporting

can be resumed, unless the regulatory

authority requests continuation of

quarterly reports.

All Periodic Reports would include

information required to be reported

under the recordkeeping and reporting

provisions for each emission point.

For continuously monitored

parameters, the Periodic Report must

report when ‘‘excursions’’ occur. Table

5 shows what constitutes an excursion.

TABLE 5.—SUMMARY OF EXCURSIONS

Emission source type Type of excursion Description of excursion

Continuous Process

Vents.

Daily average

exceedance.

When the daily average of a monitored parameter is above the maximum, or below the minimum, established level.

Insufficient monitoring

data.

Insufficient monitoring data is when an owner or operator fails to obtain a valid hour of data

for at least 75 percent of the operating hours during an operating day. Four 15-minute parameter measurements must be obtained to constitute a valid hour of data.

Batch Process Vents ... Batch cycle daily average exceedance.When the batch cycle daily average of a monitored parameter is above the maximum, or

below the minimum, established level.

Insufficient monitoring

data.

Insufficient monitoring data is when an owner or operator fails to obtain valid parameter

measurements for at least 75 percent of the 15-minute periods during an operating day.

Periodic Reports would also include

results of any performance tests

conducted during the reporting period

and instances when required

inspections revealed problems.

Additional information on the source is

required to report under its operating

permit would also be described in

Periodic Reports.

Periodic Reports for subpart H must

be submitted every six months and must

contain summary information on the

LDAR program changes to the process

unit, changes in monitoring frequency

or monitoring alternatives, and/or

initiation of a QIP.

7. Other Reports

Other reports required under the

proposed rule include process changes

that change the compliance status of

process vents, and request for

extensions of the allowable repair

period and notifications of inspections

for storage vessels and wastewater.

8. Operating Permit Application

An owner or operator who submits an

operating permit application instead of

a Precompliance Report shall submit the

information specified in the

Precompliance Report, as applicable,

with the operating permit application.

V. Discussion of Major Issues

The Administrator welcomes

comments from interested persons on

any aspect of the proposed standards,

and on any statement in the preamble or

the referenced supporting documents.

The proposed standards were developed

on the basis of information available.

The Administrator is specifically

requesting factual information that may

support either the approach taken in the

proposed standards or an alternative

approach. To receive proper

consideration, documentation or data

should be provided. Specifically, the

EPA is requesting comment and data on

the following issues: (1) The ECO

definition and onset point, (2) the

performance test protocol for

determining compliance of combustion,

recovery and recapture devices on short,

batch process vent episodes, (3) the

specifications of the performance test

for the ECO, (4) the approach to

determine an outlet concentration cutoff

that is appropriate, if any, for the

process vent epoxide limitation for new

affected sources, (5) the

subcategorization of the industry based

on the nature of the feed to the

combustion, recovery, or recapture

device, (6) the monitoring,

recordkeeping and reporting

requirements, (7) the epoxide emission

factor as an alternative to the percent

emission reduction requirement, (8) the

nonepoxide organic HAP process vent

emissions requirements, (9) whether the

HAP list in table 4 is all inclusive, and

(10) the definition of an applicable

source and a PMPU.

The extended cook-out (ECO) is

included as a control option for the first

time in this standard, and the EPA

requests comments on the definition of

the ECO, and the calculation procedures

that were used to determine the onset

value (i.e., the point when uncontrolled

emissions are calculated). The

definition of the ECO is based on the

input of a team of industry

representatives who have used the ECO

to control their process vent epoxide

emissions. For the purposes of

determining a default onset for an ECO,

the EPA used information provided by

SPI representatives. Some of the SPI

facilities have used this control option

for a number of years with permit
46814 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

restrictions based on this control option.

The SPI representatives provided the

EPA with calculations that

demonstrated the breakpoint for when a

cookout is no longer economically

feasible, which is defined as the onset

for the ECO. This calculation contains

confidential business information

regarding the batch times, profit

margins, and reaction rate equations for

four different product types and,

therefore, is not available for public

review. However, the approach used to

establish the onset of an ECO, as the

point in time when continuing the

reaction is no longer economically

advantageous, and the approach used to

determine the default onset of an ECO,

are available for review (Docket No. A–

96–38, Item No. II–B–7). The SPI

determined, using conservative

assumptions, that the ECO for four

product types occurred when the

amount of epoxide in the reactor is 25

percent of the amount in the reactor at

the end of the epoxide feed step. These

four product types were: EO-capped

surfactants, PO-capped surfactants, EOcapped functional fluids, and POcapped functional fluids. It was

explained to the EPA that these are four

typical product types in the polyether

polyols industry. The onset value

determined by SPI was established as

the default ECO onset value for the

purposes of this regulation. Facilities

may accept this default value as the

onset for an ECO at their facility, or they

may calculate their own ECO onset

point. To calculate a site-specific ECO

onset, facility representatives are

directed to the Definition of Extended

Cookout Memorandum (Docket No. A–

96–38, Item No. II–B–7).

Also, with respect to the ECO control

option, a first order reaction rate

equation, with respect to the epoxide,

was used to determine the concentration

of the unreacted epoxide in the reactor

vessel. The EPA is requesting

documentation to support or refute the

first order reaction rate equation used in

the ECO calculations.

The proposed rule requires an initial

performance test to demonstrate that the

ECO meets the performance represented

by the engineering equations used to

estimate the amount of unreacted

epoxide in the reactor. This would be a

one time test similar to the performance

testing required for add-on combustion,

recovery, or recapture devices. The

proposed rule is requiring that samples

of the liquid and vapor space be taken

both before and after the ECO, and that

these samples be analyzed for unreacted

epoxide concentration. The proposed

rule is requiring that the samples be

analyzed using Method 18. The EPA is

requesting comments on the specifics of

the test method and sample procedure

required.

The EPA is proposing to require

facilities to sample the inlet and outlet

streams to the combustion, recovery or

recapture device in order to determine

compliance with the process vent

provisions. Industry representatives

have expressed several concerns with

the requirement to sample emissions

from process vents in batch unit

operations. Industry representatives are

concerned with the feasibility, accuracy,

and safety of taking such samples.

Typically, in batch unit operations,

material exits the reactor in a short

period of time following each batch, and

the flow and concentration of the

process vent emissions are not constant.

As a result, industry asserts, that

capturing representative and meaningful

samples is not feasible using traditional

stack sampling methods found in

Appendix A of 40 CFR Part 60. Industry

representatives also indicate that

because there is a significant drop in

pressure during the brief course of the

venting, the results of any performance

test are not likely to be very accurate.

Industry also has expressed concerns

that attempting to take samples during

venting would raise significant safety

issues for plant personnel given the

potential flammability and toxicity of

the stream. Industry maintains that prevent and post-vent samples with

appropriate engineering calculations on

flow rates would provide adequate

results to demonstrate the performance

of the combustion, recovery or recapture

device. However, no specific procedures

to use in this regulation were provided.

The EPA, therefore, is asking for

comment and information on

alternatives to the proposed testing to

determine compliance for process vents

from batch unit operations.

The proposed standard for EO and PO

process vent emissions at existing

sources includes an alternative

concentration limit of 20 ppmv. Thus,

an existing source can comply with the

control requirements of the NESHAP by

either achieving an emission reduction

of 98 percent (by weight), or

maintaining an outlet concentration of

20 ppmv from the outlet of a

combustion, recovery, or recapture

device, whichever is less stringent.

Including this option in the NESHAP

recognizes that, as inlet concentrations

to a control device drop, there is a

corresponding decrease in percent

reduction of the device and a leveling

off of the outlet concentration from the

device.

Industry representatives requested

that an alternative concentration limit

also be developed for EO and PO

process vent emissions at new sources.

As with existing sources, the new

sources would have the option to either

achieve 99.9 percent control or a

specified concentration limit, whichever

is less stringent.

In responding to this request, EPA

considered a concentration limit of 1

ppmv. This was based on concentration

levels achieved, and verified by

emission testing, by the facility

identified as the best performer. These

outlet concentrations were achieved

even though high concentrations were

being fed to the device. Industry

representatives argued in a May 7, 1997

letter (Docket No. A–96–38, Item No. IID–55) that 1 ppmv may not be

achievable. They asserted that the EPA

method used for the performance test

does not speciate organic HAP and,

therefore, should not be used to support

a concentration limit unless the same

test method is permitted within the

NESHAP to demonstrate compliance.

They also contended that EPA has

historically used 20 ppmv as an

alternative for standards that are

combustion control-based. EPA has

pointed out, however, that these other

standards are based on incinerators

required to meet only a 98 percent

destruction efficiency.

Therefore, the EPA has decided to not

include an alternative outlet

concentration limit for new sources in

the proposed rule, but is requesting

information for determining an

appropriate alternative limit for the

standard based on an incinerator

achieving 99.9 percent control. For

example, test data from the 99.9 percent

incinerator using the test methods and

procedures prescribed in the proposed

rule would establish a basis for such an

alternative. If public comments provide

sufficient information, the EPA will

consider establishing an alternative

concentration limit for the final rule.

The EPA is soliciting comment on the

appropriateness of the new source

MACT requirements for process vents

that emit epoxides. As explained in the

Basis and Purpose Document, the EPA

set the control efficiency based on the

data from the best performing facility.

The SPI representatives, however, have

contended that this facility is not a

similar source because, its reactor vents

during the epoxide feed step of the

reaction. The SPI asserts that ‘‘the

impacts of this method of operation

would be to send a very high

concentration of HAP to the control

device as a continuous or semicontinuous stream, resulting in an

artificially high destruction efficiency

(compared to a facility that does not
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46815

vent continuously)’’ (Docket No. A–96–

38, Item No. II-D–46). They argue that

this is not the typical mode of operation

for this industry, and that this facility

should be in a subcategory of its own.

The EPA recognizes that different

facilities may vent their reactors at

different times in the reaction resulting

in different concentrations and flows.

The EPA also recognizes that the

number of reactor trains feeding to the

same recapture, recovery, or control

device will affect the flow

characteristics of the feed stream.

The EPA does not have data on the

process vent epoxide concentration,

description of when in the process the

venting occurs, or venting episode

duration from any of the facilities in the

database. Therefore, at this time, the

EPA has no basis for determining

whether subcategorization of the

industry is appropriate, or for

determining where a subcategorization

line should be drawn, if appropriate.

Data to substantiate the SPI’s argument

that the facility setting the new source

MACT floor is not a similar source will

be necessary before the EPA can

consider making revisions to the new

source MACT floor level of control for

process vent epoxide emissions.

The EPA is requesting the following

information needed from industry in

order to determine if a subcategory is

appropriate, and what it should be.

(1) Facility name and location

(2) Product categories (i.e., surfactants,

polyols, etc.) made at the facility in

1993

(3) Process vent uncontrolled and

controlled HAP emissions for 1993

(4) Description of the combustion,

recovery, or recapture device,

including

(a) Type of device (e.g., scrubber, flare

etc.)

(b) Control efficiency and basis

(5) Information about the reactor feed

characteristics to the control device,

submitted in either of the following

formats:

(a) Flow and concentration data (from

monitoring instrumentation) for a

single, typical day; or,

(b) A narrative description of a typical

day’s feed to a common

combustion, recovery, or recapture

device. In the narrative, an estimate

of the total amount of time per day

there is feed to the device is

required along with an estimate of

the range of HAP concentration

during the typical day, on an

episode or daily basis

(6) A statement regarding whether the

facility vents excess pressure from

the reactor during oxide addition

The monitoring, recordkeeping and

reporting provisions in this regulation

differ slightly from those in the HON.

This proposed regulation will require

that monitors continue to operate during

periods of start-up, shutdown, and

malfunction. Monitoring records from

periods of start-up, shutdown, and

malfunction will provide evidence of

whether start-up, shutdown, and

malfunction plans are followed and will

provide the Agency with valuable

information for assessment of the

adequacy of the source’s start-up,

shutdown, and malfunction plan. These

records will also provide evidence of

whether start-ups, shutdowns, and

malfunctions occur during periods at

issue and whether the source takes

necessary steps to mitigate

environmental impacts. Also, this

proposed regulation enables a source

that is subject to this regulation and to

provisions in either 40 CFR part 264 or

40 CFR part 265 to continue to

demonstrate compliance in accordance

with 40 CFR part 264 or 265, except the

source must report all excursions (as

defined in this proposed regulation) in

the semiannual report. The EPA is

asking for comments on these

provisions to determine whether the

Agency should adopt these additional

requirements in the final regulation.

For epoxide emissions, the proposed

rule allows sources to comply with the

process vent requirements by

maintaining epoxide emissions at a

level below the specified emission

factors of 1.7 × 10¥2 kilograms of

epoxide emissions per megagram of

product made (kg/Mg) for existing

sources and 4.4 × 10¥3 kg/Mg for new

sources. The approach used for

determining these emission factors is

explained in the Supplementary

Information Document. To verify

compliance with this option, the owner

or operator is required to calculate

annual epoxide emissions and divide

the emissions by the annual polyether

polyol production. The annual

production is annual mass of polyether

polyol product produced from the

applicable PMPU. The EPA is

requesting comments on the method of

calculation of the emission factors and

whether the rule adequately describes

the units of production for this

determination.

In some instances, nonepoxide

organic HAP are used in the reactor in

making the polyether polyol product or

modifying the product properties before

final storage. Examples of such uses

would include organic HAP used as an

initiator, a catalyst, or as a reaction

solvent. The proposed regulation

requires that a group determination be

made on the combination of all process

vents that emit these nonepoxide HAP,

and that combinations of vents that are

Group 1 be controlled. The EPA

recognizes that a process vent from

which these nonepoxide HAP are

emitted would be subject to the epoxide

emission reduction requirements as well

as the requirements for nonepoxide

organic HAP emissions. If a combustion,

recovery, or recapture device is used to

reduce epoxide emissions from the vent,

then that same device would also

reduce the emissions of the nonepoxide

HAP. However, if extended cookout is

the control technique utilized by the

facility to reduce epoxide emissions,

then the nonepoxide HAP emissions

would not be affected, resulting in the

need to address these emissions. The

EPA is interested in methods to address

the nonepoxide HAP emissions from

making or modifying the product that

alleviate the dual requirement problem

mentioned above. Some of the

approaches that the EPA has considered

include: Requiring a group

determination only for nonepoxide HAP

emissions that are not controlled along

with epoxide emissions; requiring all

HAP emissions (epoxide and

nonepoxide) from making or modifying

the product to be reduced by the

amount specified in the proposed rule

for epoxide emissions; eliminating the

group determination provisions and

requiring a specified percent reduction

for nonepoxide HAP emissions from all

vents above a de minimis level, and;

making all nonepoxide HAP emissions

(from making or modifying the product

and from catalyst extraction) subject to

the same requirements. The EPA is

requesting comments on input of these

options, or the identification of other

options. Comments should include a

recommended approach, along with

rationale for the recommendation.

The proposed rule lists specific HAP

in table 4 used to determine

compliance. The EPA requests

comments on whether this list is all

inclusive.

The EPA is requesting comments on

the definition of the affected source, the

PMPU and ‘‘make or modify the

product.’’ The EPA is asking for these

comments in an attempt to ensure that

all emission types related to the

manufacture of polyether polyols are

included in the affected source.

VI. Summary of Environmental, Energy,

Cost, and Economic Impacts

This section presents the air, non-air

environmental (waste and solid waste),

energy, cost and economic impacts

resulting from the control of HAP

emissions under this rule.
46816 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

A. Facilities Affected by These NESHAP

The proposed rule will affect facilities

that produce polyether polyols and are

major sources in themselves, or that are

located at a major source plant site.

Based on available information, 92

percent of the facilities at which

polyether polyols are produced were

assumed to be major sources for the

purpose of developing these standards.

Final determination of major source

status occurs as part of the compliance

determination process undertaken by

each individual source.

Impacts are presented relative to a

baseline reflecting the level of control in

the absence of the rule. Baseline impacts

were extrapolated from the database to

an estimated 78 polyether polyol

facilities affected by the NESHAP

nationwide. See the baseline emissions

memorandum in the Basis and Purpose

Document for a detailed discussion of

this approach. The impacts for existing

sources were estimated by bringing each

facility’s control level up to the levels of

the proposed standards. According to

the SPI representatives, no new sources

are projected to be constructed in the

next five years. Therefore, no new

source impacts were estimated.

B. Primary Air Impacts

These proposed standards are

estimated to reduce HAP emissions

from all existing sources of polyether

polyols by 1,810 Mg/yr. This represents

a 47 percent reduction from the baseline

level of emissions. This reduction is

relatively low since several affected

facilities have already installed stringent

pollution controls in response to State

air toxics rules.

C. Other Environmental Impacts

All the HAP being reduced by this

regulation are also volatile organic

compounds (VOC); thus, a reduction of

1,810 Mg/yr of VOC is anticipated as a

result of implementing these standards.

However, emissions of criteria

pollutants are estimated to increase by

80 Mg/yr as a result of operating process

vent and wastewater emission control

systems to comply with the standards.

Therefore, the net reduction in criteria

pollutants resulting from this regulation

is anticipated to be 1,730 Mg/yr.

D. Energy Impacts

The total nationwide energy demands

that would result from implementing

the process vent and wastewater

requirements are around 4.7 X 1010

British thermal units annually (Btu/yr).

E. Costs Impacts

Cost impacts include the capital costs

of new control equipment, the cost of

energy (supplemental fuel, steam, and

electricity) required to operate control

equipment, operation and maintenance

costs, and the cost savings generated by

reducing the loss of valuable raw

materials in the form of emissions. Also,

cost impacts include the costs of

monitoring, recordkeeping, and

reporting associated with these

proposed standards.

The rule requirements are based on

the floor level of control for the

following emission types for polyether

polyols made with epoxides: Storage

vessels, process vent epoxide emissions,

process vent nonepoxide emissions

from catalyst extraction, and equipment

leaks. The Agency selected

requirements more stringent than the

floor for wastewater emissions and for

nonepoxide organic HAP process vent

emissions from making or modifying the

product. For polyether polyols made

with THF, the Agency selected

requirements more stringent than the

MACT floor level of control for all of the

emission types (i.e., storage, process

vent emissions, equipment leaks and

wastewater). The HON level of control

was considered as the level of control

more stringent than the MACT floor

level of control for each of the emission

types listed above, except for process

vents from batch unit operations where

control levels established in the

‘‘Control of Volatile Organic Compound

Emissions From Batch Processes—

Alternative Control Techniques

Information Document’’ (EPA–453/R–

94–020) (‘‘Batch ACT’’) were

considered. The HON level of control

was considered because polyether

polyols manufacturing plants are fairly

similar to sources that are subject to the

HON. Additionally, the HON level of

control had received extensive

evaluation during the development of

the HON, at which time the EPA

concluded that the cost and other

impacts of the HON levels were

reasonable. Similarly, the estimated

cost-effectiveness for the Batch ACT was

determined to be comparable to the

cost-effectiveness of the HON

continuous vent provisions.

Under the proposed rule, it is

estimated that total capital costs for

existing sources would be $10.2 million

(August 1996 dollars) and that total

annual costs would be $7.7 million per

year. It is expected that the actual

compliance cost impacts of the

proposed rule could be less than

presented because of the potential to use

common combustion, recovery, or

recapture devices, upgrade existing

combustion, recovery, or recapture

devices, use other less expensive control

technologies, or implement pollution

prevention. Because the effect of such

practices is highly site-specific and data

were unavailable to estimate how often

the lower cost compliance practices

could be utilized, it is not possible to

quantify the amount by which actual

compliance cost would be reduced.

F. Economic Impacts

The goal of the economic impact

analysis is to estimate the market

response of the polyether polyols

industry to the emission standards and

determine any adverse effects that may

result from the regulation.

Approximately 78 facilities owned by

36 different companies producing

polyether polyols domestically may

potentially be affected by the regulation.

Since the nationwide annualized cost

of this regulation of $7.7 million

represents approximately 0.06 percent

of the estimated 1996 sales revenues for

domestically produced polyether

polyols, the EPA determined that the

regulation is not likely to have a

significant impact on this industry as a

whole. For this reason, a streamlined

economic analysis was performed to

determine facility-specific impacts.

Facility-specific impacts were examined

by calculating the ratio of the estimated

annualized costs of controls for each

facility to the estimated revenues per

facility (i.e., cost-to-sales ratio) to assess

the likelihood of facility closures and

employment impacts. A cost-to-sales

ratio exceeding one percent was

determined to be an initial indicator of

the potential for a significant facility

impact.

For only one facility out of the 78

facilities affected by the regulation do

costs exceed one percent of sales. This

firm is estimated to experience a costto-sales ratio of 1.5 percent. Based on an

analysis of the costs of compliance

compared to facility and company

financial data for this firm, the EPA

concludes it is unlikely that the

company owning this facility will

choose to close it. The company is

financially robust and the costs are a

small share of the total company sales

and net income. Therefore, the facilityspecific impacts are not considered to

be significant for any facility affected by

the regulation. The generally small scale

of the impacts suggests that there will

also be no significant impacts on

markets for the products made using

polyether polyols, such as

polyurethanes. For more information,

consult the economic impact report

entitled ‘‘Economic Analysis Of Air

Pollution Regulations: Polyether Polyols

Production, May 1997.’’
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46817

VIII. Administrative Requirements

A. Public Hearing

A public hearing will be held, if

requested, to discuss the proposed

standard in accordance with section

307(d)(5) of the Act. Persons wishing to

make oral presentation on the proposed

standards for polyether polyols

production should contact EPA at the

address given in the ADDRESSES section

of this preamble. Oral presentations will

be limited to 15 minutes each. Any

member of the public may file a written

statement before, during, or within 30

days after the hearing. Written

statements should be addressed to the

Air Docket Section address given in the

ADDRESSES section of this preamble and

should refer to Docket No. A–95–20.

A verbatim transcript of the hearing

and written statements will be available

for public inspection and copying

during normal working hours at EPA’s

Air Docket Section in Washington, DC

(see ADDRESSES section of this

preamble).

B. Docket

The docket is an organized and

complete file of all the information

submitted to or otherwise considered by

EPA in the development of this

proposed rulemaking. The principal

purposes of the docket are:

1. To allow interested parties to readily

identify and locate documents so that they

can intelligently and effectively participate in

the rulemaking process; and

2. To serve as the record in case of judicial

review (except for interagency review

materials (section 307(d)(7)(A)).

C. Executive Order 12866

Under Executive Order 12866, (58 FR

51735 (October 4, 1993)) the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to Office of Management and

Budget (OMB) review and the

requirements of this Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or Tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

It has been determined that this rule

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

D. Enhancing the Intergovernmental

Partnership Under Executive Order

12875

In compliance with Executive Order

12875, EPA has involved State, local,

and tribal governments where the

sources occur in the development of this

rule. These governments are not directly

impacted by the rule; i.e., they are not

required to purchase control systems to

meet the requirements of the rule.

However, they will be required to

implement this rule; e.g., incorporate

the rule into permits and enforce the

rule. They will collect permit fees that

will be used to offset the resource

burden of implementing the rule.

E. Paperwork Reduction Act

The information collection

requirements in this proposed rule have

been submitted for approval to OMB

under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq. An Information

Collection Request (ICR) document has

been prepared by EPA (ICR No.

1811.01), and a copy may be obtained

from Sandy Farmer, OPPE Regulatory

Information Division (2137); U.S.

Environmental Protection Agency; 401

M Street SW; Washington, DC 20460, or

by calling (202) 260–2740. The public

reporting burden for this collection of

information is estimated to average

1,046 hours per respondent for the first

year and 162 hours for each of the

second and third years, including time

for reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. An Agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a

currently valid OMB control number.

The OMB control numbers for EPA’s

regulations are listed in 40 CFR part 9

and 48 CFR Ch. 15.

Send comments regarding the burden

estimate or any other aspect of this

collection of information, including

suggestions for reducing this burden, to

Chief, Information Policy Branch, 2136,

U.S. Environmental Protection Agency,

401 M Street SW., Washington, DC

20503, marked ‘‘Attention: Desk Officer

for EPA.’’ The final rule will respond to

any OMB or public comments on the

information collection requirements

contained in this proposal.

F. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

The EPA analyzed the potential

impact of the rule on small entities and

determined that only 7 of the 36

polyether polyol producing firms are

small entities—not a substantial number

of entities. Of these 7, no small

companies will experience an increase

in costs as a result of the promulgation

of today’s rule that is greater than one

percent of revenues. Pursuant to section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 605(b)), I certify that this rule

will not have a significant impact on a

substantial number of small entities.

Therefore, the Agency did not prepare

an initial regulatory flexibility analysis.

Although the statute does not require

the EPA to prepare an RFA because the

Administrator has certified that the rule

will not have a significant economic

impact on a substantial number of small

entities, the EPA did undertake a

limited assessment, to the extent it

could, of possible outcomes and the

economic effect of these on small

polyether polyol producing entities. The

initial version of that evaluation is

available in the administrative record

for today’s action.

G. 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

certain regulatory actions on State,

local, and tribal governments and the

private sector, and to seek input from

State, local, and tribal governments on

certain regulatory actions. EPA has

determined that this action does 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 the

private sector in any one year. (The

analysis of the costs associated with this

action is referenced in paragraph VI.E of

this preamble.) Therefore, this action is

not subject to the requirements of

sections 202 and 205 of the UMRA. The

requirements of sections 203 and 204 of

UMRA which relate to regulatory

requirements that might significantly or

uniquely affect small governments and

to regulatory proposals that contain a

significant Federal intergovernmental
46818 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

mandate, respectively, also do not apply

to today’s rule because the rule affects

only the private sector, i.e., facilities

that manufacture chemical products for

sale.

H. Miscellaneous

In accordance with section 117 of the

Act, publication of this proposal was

preceded by consultation with

appropriate advisory committees,

independent experts, and Federal

departments and agencies. The

Administrator will welcome comments

on all aspects of the proposed

regulation, including health, economic

and technical issues, and on the

proposed requirements for testing.

This regulation will be reviewed 8

years from the date of promulgation.

This review will include an assessment

of such factors as evaluation of the

residual health and environmental risks,

any overlap with other programs, the

existence of alternative methods,

enforceability, improvements in

emission control technology and health

data, and the recordkeeping and

reporting requirements.

Lists of Subjects in 40 CFR Part 63

Environmental Protection, Air

pollution control, Hazardous

substances, Reporting and

recordkeeping requirements.

Dated: August 15, 1997.

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

proposed to be amended as follows:

PART 63—NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR

POLLUTANTS FOR AFFECTED

SOURCE CATEGORIES

1. The authority citation for part 63

continues to read as follows:

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

2. It is proposed that part 63 be

amended by adding subpart PPP,

consisting of §§ 63.1420 through

63.1439, to read as follows:

Subpart PPP—National Emission Standards

for Hazardous Air Pollutant Emissions for

Polyether Polyols Production

Sec.

63.1420 Applicability and designation of

affected sources.

63.1421 Delegation of authority.

63.1422 Compliance schedule and

relationship to existing applicable rules.

63.1423 Definitions.

63.1424 Emission standards.

63.1425 Process vent control requirements.

63.1426 Process vent requirements for

determining organic HAP concentration,

control efficiency, and overall organic

HAP emission reduction for a PAPPU.

63.1427 Process vent requirements for

processes using extended cookout as an

epoxide emission reduction device.

63.1428 Process vent requirements for

group determination of PMPUs using a

nonepoxide organic HAP to make or

modify the product.

63.1429 Process vent monitoring

requirements.

63.1430 Process vent reporting and

recordkeeping requirements.

63.1431 Emission Factor Plan

Requirements.

63.1432 Storage vessel provisions.

63.1433 Wastewater provisions.

63.1434 Equipment leak provisions.

63.1435 Heat exchanger provisions.

63.1436 [Reserved]

63.1437 Additional test methods and

procedures.

63.1438 Parameter monitoring levels and

excursions.

63.1439 General recordkeeping and

reporting provisions.

Subpart PPP—National Emission

Standards for Hazardous Air Pollutant

Emissions for Polyether Polyols

Production

§ 63.1420 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)(3) of this

section, and new affected source is

defined in paragraph (a)(4) of this

section.

(2) Emission points and equipment.

The affected source also includes the

emission points and equipment

specified in paragraphs (a)(2)(i) through

(a)(2)(vi) of this section that are

associated with each group of polyether

polyol manufacturing process units

(PMPU) making up an affected source,

as defined in § 63.1423.

(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 techniques and recovery

devices.

(v) Product finishing operation.

(vi) Each feed or catalyst operation.

(3) An existing affected source is

defined as each group of one or more

PMPU that is not part of a new affected

source, as defined in paragraph (a)(4) of

this section, and that is located at a

plant site that is a major source.

(4) A new affected source is defined

as a source meeting the criteria of

paragraph (a)(4)(i), (a)(4)(ii), or (a)(4)(iii)

of this section.

(i) At a site previously without

organic HAP emission points (i.e., a

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

more PMPUs that is part of a major

source, and on which construction for

the PMPU(s) commenced after

September 4, 1997;

(ii) A PMPU meeting the criteria in

paragraph (g)(1)(i) of this section; or

(iii) A reconstructed affected source

meeting the criteria in paragraph

(g)(2)(i) of this section.

(b) PMPUs without organic HAP. The

owner or operator of a PMPU that is part

of an affected source, as defined in

paragraph (a) of this section, that does

not use or manufacture any organic HAP

shall comply with the requirements of

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

section. Such a PMPU 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 PMPU does

not use 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

PMPU does not use 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)(12) of this section, but these

emission points are not subject to the

requirements of this subpart or the

provisions of subpart A of this part.

(1) Equipment that does not contain

organic HAP and is located at a PMPU

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;
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46819

(9) Equipment that operates in organic

HAP service for less than 300 hours

during the calendar year;

(10) Loading racks, loading arms, or

loading hoses that only transfer liquids

containing HAP as impurities;

(11) Loading racks, loading arms, or

loading hoses that vapor balance during

all loading operations; and

(12) Utility fluids, such as heat

transfer fluids.

(d) Processes exempted from the

affected source. The processes specified

in paragraphs (d)(1) through (d)(3) of

this section are not part of the affected

source and are exempted from the

requirements of both this subpart and

from the provisions of subpart A of this

part.

(1) Research and development

facilities; and

(2) Solvent reclamation, recovery, or

recycling operations at hazardous waste

treatment, storage, and disposal

facilities (TSDF) requiring a permit

under 40 CFR part 270 that are separate

entities and not part of a PMPU to

which this subpart applies.

(3) Reactions or processing that occur

after the manufacture of polyether

polyol products.

(e) Primary product determination

and applicability. The primary product

of a process unit shall be determined

according to the procedures specified in

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

section. Paragraphs (e)(3) through (e)(4)

of this section describe whether or not

a process unit is subject to this subpart.

Paragraphs (e)(5) through (e)(7) of this

section discuss compliance for those

PMPUs operated as flexible operation

units, as specified in paragraph (e)(2) of

this section.

(1) If a process unit only manufactures

one product, then that product shall

represent the primary product of the

process unit.

(2) If a process unit is designed and

operated as a flexible operation unit, the

primary product shall be determined as

specified in paragraphs (e)(2)(i) or

(e)(2)(ii) of this section based on the

anticipated operations for the 5 years

following [insert date of publication of

final rule] for existing affected sources

and for the first 5 years after initial startup for new affected sources.

(i) If the flexible operation unit will

manufacture one product for the greatest

operating time over the five year period,

then that product shall represent the

primary product of the flexible

operation unit.

(ii) If the flexible operation unit will

manufacture multiple products equally

based on operating time, then the

product with the greatest production on

a mass basis over the five year period

shall represent the primary product of

the flexible operation unit.

(3) If the primary product of a process

unit is a polyether polyol product, then

that process unit is considered a PMPU.

That PMPU is either an affected source

or is part of an affected source

comprised of other PMPU at the same

plant site that also make polyether

polyols, if the plant site is a major

source. The status of a process unit as

a PMPU, and as an affected source or

part of an affected source shall not

change regardless of which polyether

polyol products are produced in the

future by the PMPU, with the exception

noted in paragraph (e)(3)(i) of this

section.

(i) If a process unit terminates the

production of all polyether polyol

products and does not anticipate the

production of any polyether polyol

products in the future, the process unit

is no longer a PMPU, is no longer an

affected source or part of an affected

source, and is not subject to the

provisions of this subpart after

notification is made as specified in

paragraph (e)(3)(ii) of this section.

(ii) The owner or operator of a process

unit that wishes to remove the PMPU

designation from the process unit, as

specified in paragraph (e)(3)(i) of this

section, shall notify the Administrator.

This notification shall be accompanied

by rationale for why it is anticipated

that no polyether polyol products will

be produced in the process unit in the

future.

(iii) If a process unit meeting the

criteria of paragraph (e)(3)(i) of this

section begins the production of a

polyether polyol product in the future,

the owner or operator shall use the

procedures in paragraph (e)(4)(i) of this

section to determine if the process unit

is re-designated as a PMPU.

(4) If the primary product of a process

unit is not a polyether polyol product,

then that process unit is not an affected

source, nor is it part of any affected

source subject to this subpart. The

process unit is not subject to this

subpart at any time, regardless of what

product is being produced. The status of

the process unit as not being a PMPU,

and therefore not being an affected

source or part of an affected source

subject to this subpart, shall not change

regardless of what products are

produced in the future by the PMPU,

with the exception noted in paragraph

(e)(4)(i) of this section.

(i) If, at any time beginning [insert

date 5 years from date of publication of

final rule], the owner or operator

determines that a polyether polyol

product is the primary product for the

process unit based on actual production

data for any preceding consecutive fiveyear period, then the process unit shall

be classified as a PMPU. If that PMPU

is not subject to another subpart of 40

CFR part 63, it is either an affected

source or part of an affected source and

shall be subject to this subpart. If the

PMPU is subject to another subpart of

40 CFR part 63, it is not an affected

source for the purposes of this subpart.

(ii) If a process unit meets the criteria

of paragraph (e)(4)(i) of this section, the

owner or operator shall notify the

Administrator within 6 months of

making this determination. The PMPU,

as the entire affected source or part of

an affected source, shall be in

compliance with the provisions of this

rule within 3 years from the date of such

notification.

(5) Once the primary product of a

process unit has been determined to be

a polyether polyol product, the owner or

operator of the affected source shall

comply with the provisions of this

subpart, as specified in either paragraph

(e)(5)(i) or (e)(5)(ii) of this section,

except as specified in paragraph

(e)(5)(iii) of this section.

(i) Each owner or operator shall

determine the applicability of the

provisions for each emission point that

is part of that flexible operation unit

based on emission point characteristics

when a polyether polyol is being

manufactured. Based on this finding,

the owner or operator shall comply with

the applicable standards of this subpart

for each emission point, as appropriate,

at all times, regardless of what product

is being produced.

(ii) Alternatively, each owner or

operator shall determine the

applicability of the provisions of this

subpart to each emission point that is

part of the flexible operation unit based

on the emission point characteristics

when each product produced by the

flexible operation unit is manufactured,

regardless of whether the product is a

polyether polyol product or not. Based

on these findings, the owner or operator

shall comply with the applicable

requirements, as appropriate, regardless

of what product is being produced.

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.

(iii) Whenever a flexible operation

unit manufactures a product that meets

the criteria of paragraph (b) of this

section (i.e., does not use or

manufacture any organic HAP), the

owner or operator shall comply only

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

this section to demonstrate compliance
46820 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

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.

(6) The determination of the primary

product for a process unit, to include

the determination of applicability of this

subpart to process units that are

designed and operated as flexible

operation units, shall be reported in the

Notification of Compliance Status

required by § 63.1439(e)(5) when the

primary product is determined to be a

polyether polyol product. The

Notification of Compliance Status shall

include the information specified in

either paragraph (e)(6)(i) or (e)(6)(ii) of

this section. If the primary product is

determined to be something other than

a polyether polyol product, the owner or

operator shall retain information, data,

and analysis used to document the basis

for the determination that the primary

product is not a polyether polyol

product.

(i) If the PMPU manufactures only

polyether polyol products,

identification of that fact.

(ii) If the PMPU is designed and

operated as a flexible operation unit, the

information specified in paragraphs

(e)(6)(ii)(A) through (e)(6)(ii)(C) of this

section, as appropriate.

(A) Identification of polyether polyols

as the primary product.

(B) Identification of the compliance

option (either paragraph (e)(5)(i) or

(e)(5)(ii) of this section), that has been

selected by the owner or operator.

(7) To demonstrate compliance with

the rule during those periods when a

flexible operation unit that is subject to

this subpart is producing a product that

is not a polyether polyol, the owner or

operator shall comply with either

paragraphs (e)(7)(i) and (e)(7)(ii) or

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

(i) Establish parameter monitoring

levels as specified in § 63.1438, for

those applicable emission points

designated as Group 1 (or emission

points subject to these provisions); and

(ii) Submit the parameter monitoring

levels developed under paragraph

(e)(7)(i) of this section and the basis for

them in the Notification of Compliance

Status report, as specified in

§ 63.1439(e)(6); or

(iii) Demonstrate that the parameter

monitoring levels established are also

appropriate for those periods when

products other than polyether polyols

are being produced. Material

demonstrating this finding shall be

submitted in the Notification of

Compliance Status report as specified in

§ 63.1439(e)(5).

(f) Storage vessel ownership

determination. The owner or operator

shall follow the procedures specified in

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

section to determine to which process

unit a storage vessel shall belong.

Paragraph (f)(8) of this section specifies

when an owner or operator is required

to redetermine to which process unit a

storage vessel belongs.

(1) If a storage vessel is already

subject to another subpart of 40 CFR

part 63 on [insert date of publication of

final rule], that storage vessel shall

belong to the process unit subject to the

other subpart and none of the other

provisions in this subpart shall apply to

that storage vessel.

(2) If a storage vessel is dedicated to

a single process unit, the storage vessel

shall belong to that process unit.

(3) If a storage vessel is shared among

process units, then the storage vessel

shall belong 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 a PMPU

subject to this subpart, the storage vessel

shall belong to that PMPU.

(5) If predominant use cannot be

determined for a storage vessel that is

shared among process units and if more

than one of the process units are PMPUs

that have different primary products

and that are subject to this subpart, then

the owner or operator shall assign the

storage vessel to any one of the PMPUs

sharing the storage vessel.

(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 [insert date of

publication of final rule] or based on the

expected utilization for the 5 years

following [insert date of publication of

final rule] for existing affected sources,

whichever is more representative of the

expected operations for that storage

vessel, and based on the expected

utilization for the 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

§ 63.1439(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 (f)(7)(i) through (f)(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 materials, as

appropriate). With respect to any

process unit, an intervening storage

vessel means a storage vessel connected

by hard-piping to both 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 (f)(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 (f)(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 (f)(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 (f)(3)

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

predominant use shall be determined

among only those process units that

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

this section.

(8) If there is a change in the

utilization of the storage vessel that

could reasonably be expected to change

the predominant use, the owner or

operator shall redetermine to which

process unit the storage vessel belongs

by reperforming the procedures

specified in paragraphs (f)(2) through

(f)(7) of this section, as appropriate.

(g) Changes or additions to plant sites.

The provisions of paragraphs (g)(1)

through (g)(3) of this section apply to

owners or operators that change or add

to their plant site or affected source.

Paragraph (g)(4) provides examples of

what are and are not considered process

changes for purposes of paragraph (g) of

this section.

(1) Adding a PMPU to a plant site.

The provisions of paragraphs (g)(1)(i)
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46821

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

owners or operators that add PMPUs to

a plant site.

(i) If one or more PMPU is added to

a plant site, the addition shall be a new

affected source and shall be subject to

the requirements for a new affected

source in this subpart upon initial startup or by [insert date of publication of

final rule], whichever is later, if the

addition meets the criteria specified in

paragraphs (g)(1)(i)(A) and (g)(1)(i)(B)

and either (g)(1)(i)(C) or (g)(1)(i)(D) of

this section:

(A) It is an addition that meets the

definition of construction in § 63.2 of

subpart A;

(B) Such construction commenced

after September 4, 1997; and

(C) The addition has the potential to

emit 10 tons per year or more of any

organic HAP or 25 tons per year or more

of any combination of organic HAP, and

a polyether polyol is the primary

product of the addition and polyether

polyols are currently produced at the

plant site as the primary product of an

affected source; or

(D) A polyether polyol 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 is

constructed will meet, the definition of

a major source in § 63.2 of subpart A.

(ii) If a PMPU is added to a plant site,

the addition shall be subject to the

requirements for an existing affected

source in this subpart upon initial startup or by 3 years after [insert date of

publication of final rule], whichever is

later, if the addition does not meet the

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

this section and the plant site meets, or

after the addition is completed will

meet, the definition of major source.

(2) Adding emission points or making

process changes to existing affected

sources. The provisions of paragraphs

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

apply to owners or operators that add

emission points or make process

changes to an existing affected source.

(i) If any process change is made or

emission point is added to an existing

affected source, the entire affected

source shall be a new affected source

and shall be subject to the requirements

for a new affected source in this subpart

upon initial start-up or by [insert date of

publication of final rule], whichever is

later, if the process change or addition

meets the criteria specified in

paragraphs (g)(2)(i)(A) through

(g)(2)(i)(B) of this section:

(A) It is a process change or addition

that meets the definition of

reconstruction in § 63.2 of subpart A;

and

(B) Such reconstruction commenced

after September 4, 1997.

(ii) If any process change is made or

emission point is added to an existing

affected source, and the process change

or addition does not meet the criteria

specified in paragraphs (g)(2)(i)(A) and

(g)(2)(i)(B) of this section, the resulting

emission point(s) shall be subject to the

requirements for an existing affected

source in this subpart. The resulting

emission point(s) shall be in compliance

upon initial start-up or by 3 years after

[insert date of publication of final rule],

whichever is later.

(3) Existing affected source

requirements for Group 2 emission

points that become Group 1 emission

points. If a process change or addition

that does not meet the criteria in

paragraph (g)(1)(i) or (g)(2)(i) of this

section is made to an existing plant site

or existing affected source, and the

change causes a Group 2 emission point

to become a Group 1 emission point, for

that emission point the owner or

operator shall comply with the

requirements of this subpart for existing

Group 1 emission points. Compliance

shall be achieved as expeditiously as

practical, but in no event later than 3

years after the emission point becomes

a Group 1 emission point.

(4) Determining what are and are not

process changes. For purposes of

paragraph (g) of this section, examples

of process changes include, but are not

limited to, additions in process

equipment resulting in changes in

production capacity, production of a

product outside the scope of the

compliance demonstration, or whenever

there is a replacement, removal, or

addition of recovery equipment. For

purposes of paragraph (g) of this section,

process changes do not include: Process

upsets, unintentional temporary process

changes, and changes that are within the

equipment configuration and operating

conditions documented in the

Notification of Compliance Status report

required by § 63.1439(e)(5).

(h) Applicability of this subpart

except during periods of start-up,

shutdown, malfunction, or nonoperation. Paragraphs (h)(1) through

(h)(3) of this section shall be followed

during periods of start-up, shutdown,

malfunction, and non-operation of the

affected source or any part thereof.

(1) The provisions set forth in this

subpart and the provisions 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, or periods of start-up or

shutdown, malfunction. 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 specific provisions to

which it is subject, then that emission

point shall still be required to comply

with the applicable provisions of this

subpart during the start-up, shutdown,

malfunction, or period of non-operation.

For example, the degassing of a storage

vessel would not affect the ability of a

process vent to meet the requirements of

§§ 63.1425 through 63.1430.

(2) The owner or operator shall not

shut down items of equipment that are

required or utilized for compliance with

this subpart 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 applicable to such items of

equipment. This paragraph does not

apply if the item of equipment is

malfunctioning, or if the owner or

operator must shut down the equipment

to avoid damage due to a

contemporaneous start-up, shutdown, or

malfunction of the affected source or

portion thereof.

(3) During start-ups, shutdowns, and

malfunctions when the requirements of

this subpart do not apply pursuant to

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

section, the owner or operator shall

implement, to the extent reasonably

available, measures to prevent or

minimize excess emissions. For

purposes of this paragraph, the term

‘‘excess emissions’’ means emissions in

excess of those that would have

occurred if there were no start-up,

shutdown, or malfunction and the

owner or operator complied with the

relevant provisions of this subpart. The

measures to be taken shall be identified

in the applicable start-up, shutdown,

and malfunction plan, and may include,

but are not limited to, air pollution

control technologies, recovery

technologies, work practices, pollution

prevention, monitoring, and/or changes

in the manner of operation of the

affected source. Back-up control

techniques are not required, but may be

used if available.

§ 63.1421 Delegation of authority

(a) In delegating implementation and

enforcement authority to a State under

section 112(l) of the Act, the authorities

contained in paragraph (b) of this

section shall be retained by the

Administrator and not transferred to a

State.

(b) Authorities which will not be

delegated to the States: The permission

to use an alternative means of emission
46822 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

limitation, from § 63.6(g) of subpart A,

and the authority of § 63.177 of subpart

H.

§ 63.1422 Compliance schedule and

relationship 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 (j) 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 (k) of this section specifies

the meaning of time periods.

(b) New affected sources that

commence construction or

reconstruction after September 4, 1997

shall be in compliance with this subpart

upon initial start-up or by [insert date of

publication of final rule], whichever is

later, as provided in § 63.6(b) of subpart

A.

(c) Existing affected sources shall be

in compliance with this subpart (except

for § 63.1434 for which compliance is

covered by paragraph (d) of this section)

no later than 3 years after [insert date of

publication of final rule], as provided in

§ 63.6(c) of subpart A, 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)(5) of this

section, existing affected sources shall

be in compliance with § 63.1434 no later

than [date 6 months from date of

publication of final rule] unless an

extension has been granted pursuant to

section 112(i)(3)(B) of the Act, as

discussed in § 63.182(a)(6) of subpart H.

(1) Compliance with the compressor

provisions of § 63.164 of subpart H shall

occur no later than [date 1 year from

date of publication of final rule] 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 of

subpart H.

(i) The seal system will be replaced;

(ii) A barrier fluid system will be

installed; or

(iii) A new barrier fluid will be

utilized which requires changes to the

existing barrier fluid system.

(iv) The compressor must be modified

to permit connecting the compressor to

a closed vent system.

(2) Compliance with the compressor

provisions of § 63.164 of subpart H shall

occur no later than [date 18 months

from date of publication of final rule],

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 of subpart H;

(iii) The additional time is 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 U.S. Environmental

Protection Agency (EPA) Regional

Office at the addresses listed in § 63.13

of subpart A no later than 45 days before

[date 6 months from date of publication

of final rule]. The request for a

compliance extension shall contain the

information specified in

§ 63.6(i)(6)(i)(A), (B), and (D) of subpart

A. 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 of subpart H

cannot reasonably be achieved without

a process unit shutdown, as defined in

§ 63.161 of subpart H, the owner or

operator shall achieve compliance no

later than [date 2 years after date of

publication of final rule]. 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 of subpart H shall

occur not later than [date 3 years from

date of publication of final rule] 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

with the requirements of paragraph

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

(i) Compliance cannot be achieved

without replacing the compressor;

(ii) Compliance cannot be achieved

without recasting the distance piece; or

(iii) Design modifications are required

to connect to a closed-vent system.

(5) Compliance with the surge control

vessel and bottoms receiver provisions

of § 63.170 of subpart H shall occur no

later than [date 3 years from date of

publication of final rule].

(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, except as

discussed in paragraph (e)(3) of this

section. The dates specified in § 63.6(i)

of subpart A 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) of subpart A.

(2) The requirements in § 63.6(i)(8)

through § 63.6(i)(14) of subpart A 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 problem.

(f) Table 1 of this subpart specifies the

provisions of subpart A of this part that

apply and those that do not apply to

owners and operators of affected sources

subject to this subpart. For the purposes

of this subpart, Table 3 of subpart F of

this part is not applicable.

(g) Table 2 of this subpart summarizes

the provisions of subparts F, G, and H

of this part that apply and those that do

not apply to owners and operators of

affected sources subject to this subpart.

(h)(1) 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

63, subpart I, is required to comply only

with the provisions of this subpart.

(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 of subpart H, 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
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46823

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 belongs to an affected source

subject to this subpart 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) Overlap with 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, the owner or

operator may comply with either

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

If, after the compliance dates specified

in this subpart, any combustion device,

recovery device, or recapture device

subject to this subpart is subject to

monitoring and recordkeeping

requirements in 40 CFR part 265 subpart

AA or CC, the owner or operator may

comply with either paragraph (j)(1) or

(j)(3) of this section. If the owner or

operator elects to comply with either

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

the owner or operator shall notify the

Administrator of this choice in the

Notification of Compliance Status

required by § 63.1439(e)(5).

(1) The owner or operator shall

comply with the monitoring,

recordkeeping and reporting

requirements of this subpart.

(2) The owner or operator shall

comply with the monitoring,

recordkeeping and reporting

requirements in 40 CFR part 264, with

the following exception. All excursions,

as defined in § 63.1438(f) of this

subpart, shall be reported in the

periodic report. Compliance with this

paragraph shall constitute compliance

with the monitoring, recordkeeping and

reporting requirements of this subpart.

(3) The owner or operator shall

comply with the monitoring and

recordkeeping requirements of 40 CFR

part 265 subpart AA or CC and 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, with the

following exception. All excursions, as

defined in § 63.1438(f) of this subpart,

shall be reported in the periodic report.

Compliance with this paragraph shall

constitute compliance with the

monitoring, recordkeeping and

reporting requirements of this subpart.

(k)(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

(k)(2)(i) or (k)(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 must be

performed monthly, at least 1 month for

tasks that must be performed each

quarter, or at least 3 months for tasks

that must be performed annually; or

(ii) In all other cases, compliance

shall be required before the end of the

first full standard calendar period after

the period within which the initial

compliance deadline occurs.

(3) In all instances where a provision

of this subpart requires completion of a

task during each of multiple successive

periods, an owner or operator may

perform the required task at any time

during the specified period, provided

that the task is conducted at a

reasonable interval after completion of

the task during the previous period.

§ 63.1423 Definitions.

(a) The following terms used in this

subpart shall have the meaning given

them in subparts A (§ 63.2), F (§ 63.101),

G (§ 63.111), and H (§ 63.161) as

specified after each term:

Act (subpart A)

Administrator (subpart A)

Automated monitoring and recording system

(subpart G)

Boiler (subpart G)

Bottoms receiver (subpart H)

By-product (subpart F)

Car-seal (subpart G)

Closed-vent system (subpart G)

Combustion device (subpart G)

Commenced (subpart A)

Compliance date (subpart A)

Compliance schedule (subpart A)

Construction (subpart A)

Continuous monitoring system (subpart A)

Emission standard (subpart A)

EPA (subpart A)

Equipment (subpart H)

Equipment leak (subpart H)

Flow indicator (subpart G)

Fuel gas (subpart F)

Fuel gas system (subpart F)

Hard-piping (subpart G)

Heat exchange system (subpart F)

Impurity (subpart F)

Incinerator (subpart G)

In organic hazardous air pollutant (HAP)

service (subpart H)

Major source (subpart A)

Malfunction (subpart A)

New source (subpart A)

Open-ended valve or line (subpart H)

Operating permit (subpart F)

Organic monitoring device (subpart G)

Owner or operator (subpart A)

Performance evaluation (subpart A)

Performance test (subpart A)

Permitting authority (subpart A)

Plant site (subpart F)

Potential to emit (subpart A)

Primary fuel (subpart G)

Process heater (subpart G)

Process unit shutdown (subpart H)

Process wastewater (subpart F)

Process wastewater stream (subpart G)

Reactor (subpart G)

Recapture device (subpart G)

Reconstruction (subpart A)

Relief valve (subpart G)

Research and development facility (subpart

F)

Run (subpart A)

Secondary fuel (subpart G)

Sensor (subpart H)

Specific gravity monitoring device (subpart

G)

Start-up, shutdown, and malfunction plan

(subpart F)

State (subpart A)

Surge control vessel (subpart H)

Temperature monitoring device (subpart G)

Test method (subpart A)

Total resource effectiveness index value

(subpart G)

Treatment process (subpart G)

Visible emission (subpart A)

(b) All other terms used in this

subpart shall have the meaning given

them in this section. If a term is defined

in a subpart referenced above and in

this section, it shall have the meaning

given in this section for purposes of this

subpart.

Affected source is defined in

§ 63.1420(a).

Annual average concentration, as

used in conjunction with the

wastewater provisions, means the flowweighted annual average concentration

and is determined by the procedures in

§ 63.144(b) of subpart G.

Annual average flow rate, as used in

conjunction with the wastewater

provisions, is determined by the

procedures in § 63.144(c).

Batch cycle means the step or steps,

from start to finish, that occur in a batch

unit operation.
46824 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

Batch unit operation means a unit

operation involving intermittent or

discontinuous feed into equipment, and,

in general, involves the emptying of

equipment after the batch cycle ceases

and prior to beginning a new batch

cycle. Mass, temperature, concentration

and other properties of the process may

vary with time. Addition of raw material

and withdrawal of product do not

simultaneously occur in a batch unit

operations.

Catalyst extraction means the removal

of the catalyst using either solvent or

physical extraction method.

Combination of process vents that are

Group 1 means a group of process vents

that has a total resource effectiveness

index value, calculated according to

§ 63.115 of subpart G, less than or equal

to 1.0 for process vents from continuous

unit operations. For process vents from

batch unit operations, the combination

of process vents that are Group 1 means

a group of process vents that has a cutoff

flow greater than the annual average

flow, calculated according to § 63.488(b)

of subpart U.

Combination of process vents that are

Group 2 means a group of process vents

that has a total resource effectiveness

index value, calculated according to

§ 63.115 of subpart G, greater than 1.0

for process vents from continuous unit

operations. For process vents from batch

unit operations, the combination of

process vents that are Group 2 streams

means a group of process vents that has

a cutoff flow less than the annual

average flow, calculated according to

§ 63.488(b) of subpart U.

Continuous record means

documentation, either in hard copy or

computer readable form, of data values

measured at least once during

approximately equal intervals of 15

minutes and recorded at the frequency

specified in § 63.1439(d).

Continuous recorder is defined in

§ 63.111, except that when the

definition in § 63.111 reads ‘‘or records

15-minute or more frequent block

average values,’’ the phrase ‘‘or records

1-hour or more frequent block average

values’’ shall apply for purposes of this

subpart.

Continuous unit operation means a

unit operation where the inputs and

outputs flow continuously. Continuous

unit operations typically approach

steady-state conditions. Continuous unit

operations typically involve the

simultaneous addition of raw material

and withdrawal of the product.

Control technique means any

equipment or process control used for

capturing, recovering, or oxidizing

organic hazardous air pollutant vapors.

Such equipment includes, but is not

limited to, absorbers, adsorbers, boilers,

condensers, flares, incinerators, process

heaters, and scrubbers, or any

combination thereof. Process control

includes extended cookout (as defined

in this section). Condensers operating as

reflux condensers that are necessary for

processing, such as liquid level control,

temperature control, or distillation

operation, shall be considered

inherently part of the process and will

not be considered control techniques.

Day means calendar day for the

purposes of this subpart.

Emission point means an individual

process vent, storage vessel, wastewater

stream, or equipment leak.

Epoxide means a chemical compound

consisting of a three-membered cyclic

ether. Only emissions of epoxides listed

in Table 4 (ethylene oxide and

propylene oxide) are regulated by the

provisions of this subpart.

Existing affected source is defined in

§ 63.1420(a)(3).

Extended Cookout means a control

technique that reduces the amount of

unreacted EO and/or PO (epoxides) in

the reactor. This is accomplished by

allowing the product to react for a

longer time period, thereby having less

unreacted epoxides and reducing

epoxides emissions that may have

otherwise been emitted.

Flexible operation unit means a

process unit that manufactures different

chemical products in addition to

polyether polyols periodically by

alternating raw materials or operating

conditions. These units are also referred

to as campaign plants or blocked

operations.

Group 1 storage vessel means a

storage vessel that meets the

applicability criteria specified in Table

3 of this subpart.

Group 2 storage vessel means a

storage vessel that does not fall within

the definition of a Group 1 storage

vessel.

Group 1 wastewater stream means a

process wastewater stream at an existing

or new affected source that meets the

criteria for Group 1 status in § 63.132(c)

of subpart G, with the exceptions listed

in § 63.1433(a)(10) for the purposes of

this subpart (i.e., for organic HAP listed

on Table 5 of this subpart only).

Group 2 wastewater stream means any

process wastewater stream as defined in

§ 63.101 of subpart F at an existing

affected source that does not meet the

definition (in this section) of a Group 1

wastewater stream.

Initial start-up means the first time a

new or reconstructed affected source

begins production, or, for equipment

added or changed as described in

§ 63.1420(g), the first time the

equipment is put into operation. Initial

start-up does not include operation

solely for testing equipment. Initial

start-up does not include subsequent

start-ups of an affected source or portion

thereof following malfunctions or

shutdowns or following changes in

product for flexible operation units.

Further, for purposes of § 63.1422,

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 of subpart F, except that the

term ‘‘polyether polyol manufacturing

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 between batch

cycles is not maintenance wastewater,

for the purposes of this subpart.

Make or modify the product means to

produce the polyether polyol with

epoxides or other cyclic ethers with

compounds having one or more reactive

hydrogens, and to add any

preservatives/antioxidants in order to

maintain the quality of the finished

product before shipping. Making and

modifying the product for this

regulation does not include grafting,

polymerizing the polyol, or modifying it

with compounds other than EO or PO.

Maximum true vapor pressure is

defined in § 63.111 of subpart G, except

that the terms ‘‘transfer’’ and

‘‘transferred’’ shall not apply for the

purposes of this subpart.

Month means either a calendar month

or a repeating 30-day period.

New affected source is defined in

§ 63.1420(a)(4).

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, a

location within the plant site where the

affected source is located. On-site

storage of records includes, but is not

limited to, a location at the affected

source or PMPU to which the records

pertain or a location elsewhere at the

plant site where the affected source is

located.

Operating day refers to the 24-hour

period defined by the owner or operator

in the Notification of Compliance Status

required by § 63.1439(e)(5). That 24-

hour period may be from midnight to

midnight or another 24-hour period.

The operating day is the 24-hour period

for which daily average monitoring

values are determined.

Organic hazardous air pollutant(s)

(organic HAP) means one or more of the
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46825

chemicals listed in Table 4 of this

subpart, or any other chemical which:

(1) Is knowingly introduced into the

manufacturing process other than as an

impurity, or has been or will be reported

under any Federal or State program,

such as EPCRA section 311, 312, or 313

or Title V; and

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

this part.

Polyether polyol means a compound

formed through the polymerization of

ethylene oxide (EO) or propylene oxide

(PO) or other cyclic ethers with

compounds having one or more reactive

hydrogens (i.e., a hydrogen atom

bonded to nitrogen, oxygen,

phosphorus, sulfur, etc.) to form

polyethers. This definition excludes

materials regulated under the HON,

such as glycols and glycol ethers.

Polyether polyol manufacturing

process unit (PMPU) means a collection

of equipment assembled and connected

by process pipes or ducts, used to

process raw materials and to

manufacture a polyether polyol product

as its primary product. A polyether

polyol process unit consists of more

than one unit operation. This collection

of equipment includes reactors and their

associated product separators and

recovery devices, distillation units and

their associated distillate receivers and

recovery devices, other associated unit

operations, storage vessels, surge control

vessels, bottoms receivers, product

transfer racks, connected ducts and

piping, combustion, recovery, or

recapture devices or systems, and the

equipment (i.e., all pumps, compressors,

agitators, pressure relief devices,

sampling connection systems, openended valves or lines, valves,

connectors, and instrumentation

systems that are associated with the

polyether polyol product process unit)

that are subject to the equipment leak

provisions as specified in § 63.1434.

Primary product is defined in and

determined by the procedures specified

in § 63.1420(e).

Process means a logical grouping of

processing equipment which

collectively function to produce a

polyether polyols. A process may

consist of one or more unit operations.

For the purpose of this subpart, process

includes all or a combination of

reaction, recovery, separation,

purification, or other activity, operation,

manufacture, or treatment which are

used to produce a polyether polyol.

Process condenser means a condenser

whose primary purpose is to recover

material as an integral part of a unit

operation. The condenser must support

a vapor-to-liquid phase change for

periods of source equipment operation

that are above the boiling or bubble

point of substance(s). Examples of

process condensers include distillation

condensers, reflux condensers, process

condensers in line prior to the vacuum

source, and process condensers used in

stripping or flashing operations.

Process unit means a collection of

equipment assembled and connected by

pipes or ducts to process raw materials

and to manufacture a product.

Process vent means a point of

emission from a unit operation having a

gaseous emission stream. Unit

operations that may have process vents

are condensers, distillation units,

reactors, or other unit operations within

the PMPU. Process vents are points of

emission from a unit operation having a

gaseous stream that is discharged to the

atmosphere either directly or after

passing through one or more control,

recovery, or recapture devices. Process

vents exclude pressure relief valve

discharges, gaseous streams routed to a

fuel gas system(s), and leaks from

equipment regulated under § 63.1434.

Product means a compound or

material which is manufactured by a

process unit. By-products, isolated

intermediates, impurities, wastes, and

trace contaminants are not considered

products.

Product class means a group of

polyether polyols with a similar curve

representing the decline in pressure

versus time. All products within a

product class will have an essentially

similar pressure decline curve, and

operate within a given set of operating

conditions. These operating conditions

are: A minimum reaction temperature;

the number of —OH groups in the

polyol; a minimum catalyst

concentration; the type of catalyst (e.g.,

self-catalyzed, base catalyst, or acid

catalyst); the epoxide ratio, or a range

for that ratio, and; the reaction

conditions of the system (e.g., the size

of the reactor, or the size of the batch).

Recovery device means an individual

unit of equipment capable of and

normally used for the purpose of

recovering chemicals for fuel value (i.e.,

net positive heating value), use, reuse,

or for sale for fuel value, use, or reuse.

Examples of equipment that may be

recovery devices include absorbers,

carbon adsorbers, condensers (except

reflux condensers, because they are part

of the reactor unit operation), oil-water

separators or organic-water separators,

or organic removal devices such as

decanters, strippers, or thin film

evaporation units. When this subpart

requires compliance with monitoring,

recordkeeping, or recording

requirements of this subpart, recapture

devices are considered recovery devices.

Residual is defined in § 63.111 of

subpart G, except that when the

definition in § 63.111 uses the term

‘‘Table 9 compounds,’’ the term

‘‘organic HAP listed in Table 9 of

subpart G’’ shall apply, for the 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 PMPU

within an affected source, or a unit

operation within an affected source,

including equipment required or used to

comply with this subpart, or the

emptying or degassing of a storage

vessel. Shutdown does not include the

normal periods between batch cycles.

For purposes of the wastewater

provisions, shutdown does not include

the routine rinsing or washing of

equipment between batch cycles.

Start-up means the setting into

operation of an affected source, a PMPU

within the affected source, or a unit

operation within an affected source, or

equipment required or used to comply

with this subpart, or a storage vessel

after emptying and degassing. For all

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

equipment. Start-up does not include

the recharging of batch unit operations.

For continuous unit operations, start-up

includes transitional conditions due to

changes in product for flexible

operation units. For batch unit

operations, 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

can occur.

Storage vessel means a tank or other

vessel that is used to store liquids that

contain one or more organic HAP and

that has been assigned, according to the

procedures in § 63.1420(f), to a PMPU

that is subject to this subpart. 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

receiver tanks; and
46826 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

(6) Wastewater storage tanks.

Total organic compounds (TOC) are

those compounds, excluding methane

and ethane, measured according to the

procedures of Method 18 or Method

25A of 40 CFR part 60, appendix A.

Unit operation means one or more

pieces of process equipment used to

make a single change to the physical or

chemical characteristics of one or more

process streams. Unit operations

include, but are not limited to, reactors,

distillation columns, extraction

columns, absorbers, decanters,

condensers, and filtration equipment.

Vent stream, as used in reference to

process vents, means the emissions from

a process vent.

Waste management unit is defined in

§ 63.111, except that when the

definition in § 63.111 of subpart H uses

the term ‘‘chemical manufacturing

process unit,’’ the term ‘‘PMPU’’ shall

apply for the purposes of this subpart.

Wastewater means water that:

(1) Contains either

(a) 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

(b) 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

that

(2) is discarded from a PMPU 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.

Year means any consecutive 12-

month period or 365 rolling days.

(c) Sections 63.1432, 63.1433,

63.1434, and 63.1435, of this subpart

directly reference sections of subparts F,

G, and H of this part. Terms used in the

referenced sections of subparts F, G, and

H of this part shall have the meanings

given them in those subparts, as

appropriate, unless a term is also

defined in paragraph (b) of this section.

If a term in a referenced section is

defined in subpart F, G, or H of this part

and in paragraph (b) of this section, the

definition provided in paragraph (b) of

this section shall override the definition

of the term in subpart F, G, or H of this

part, for the purposes of this subpart.

§ 63.1424 Emission standards.

(a) Except as provided 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:

(1) Sections 63.1425 through 63.1430

for process vents

(2) Section 63.1432 for storage vessels;

(3) Section 63.1433 for wastewater;

(4) Section 63.1434 for equipment

leaks;

(5) Section 63.1435 for heat

exchangers;

(6) Section 63.1437 for additional test

methods and procedures;

(7) Section 63.1438 for monitoring

levels and excursions; and

(8) Section 63.1439 for general

reporting and recordkeeping

requirements.

(b) When emissions of different kinds

(i.e., emissions from process vents

subject to § 63.1425, storage vessels

subject to § 63.1432, process

wastewater, and/or in-process

equipment subject to § 63.149 of subpart

G) are combined, and at least one of the

emission streams would require control

according to the applicable provision 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.

(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; or

(2) Comply with the first set of

requirements identified in paragraphs

(b)(2)(i) through (b)(2)(iv) 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

requiring control in the absence of

combination with other emission

streams, or the owner chooses to

consider that emission stream to require

control for the purposes of this

paragraph. Compliance with the first

applicable set of requirements identified

in paragraphs (b)(2)(i) through (b)(2)(iv)

of this section constitutes compliance

with all other requirements in

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

this section applicable to other types of

emissions in the combined stream.

(i) The requirements of this subpart

for process vents subject to § 63.1425

through § 63.1430 and that require

controls, including applicable

monitoring, recordkeeping, and

reporting;

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

subpart G, as specified in § 63.1432, for

control of emissions from Group 1

storage vessels, including applicable

monitoring, recordkeeping, and

reporting;

(iii) The requirements of § 63.139 of

subpart G, as specified in § 63.1433, for

control techniques used to control

emissions from waste management

units, including applicable monitoring,

recordkeeping, and reporting; or

(iv) The requirements of § 63.139 of

subpart G, as specified in § 63.1433, for

closed vent systems for control of

emissions from in-process equipment

subject to § 63.149 of subpart G, as

specified in § 63.1433, including

applicable monitoring, recordkeeping,

and reporting.

§ 63.1425 Process Vent Control

Requirements.

(a) For each process vent at an

affected source, the owner or operator

shall comply with the provisions of this

section. Paragraphs (b), (c), and (d) of

this section are applicable to affected

sources that produce polyether polyol

products using epoxides. There are

three separate emission limitations for

process vents at affected sources using

epoxides. Paragraph (b) of this section

contains emission limitations for

epoxide emissions; paragraph (c) of this

section contains limitations for organic

HAP emissions resulting from the use of

nonepoxide organic HAP (in addition to

epoxides) to make or modify the

polyether polyol product; and paragraph

(d) of this section contains limitations

for emissions of organic HAP resulting

from the use of organic HAP in catalyst

extraction. Owners and operators of all

affected sources using epoxides in the

production of polyether polyol products

are subject to the requirements of

paragraph (b) of this section. Owners or

operators are subject to the requirements

of paragraph (c) of this subpart only if

nonepoxide organic HAP are used to

make or modify the polyether polyol

product. Similarly, owners or operators

are subject to the requirements of

paragraph (d) of this section only if

organic HAP are used in catalyst

extraction. Paragraph (e) of this section

provides an overview of how other

sections of this subpart relate to

demonstrating compliance with the

control requirements of paragraphs (b),

(c), and (d) of this section. The owners

or operator of an affected source where

polyether polyol products are produced

using tetrahydrofuran shall comply with

paragraph (f) of this section.

(b) Requirements for epoxide

emissions. The owner or operator of an

affected source where polyether polyol

products are produced using epoxides

shall reduce epoxide emissions from

process vents from batch process unit

operations and continuous process unit

operations within each PMPU in

accordance with either paragraph (b)(1)

or (b)(2) of this section.

(1) For new affected sources, the

owner or operator shall comply with
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46827

either paragraph (b)(1)(i), (b)(1)(ii) or

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

(i) Reduce the total epoxide emissions

from the sum total of all process vents

by an aggregated 99.9 percent;

(ii) [Reserved]; or

(iii) Maintain a PMPU-wide emission

factor of no greater than 4.43×10¥3

kilogram epoxide emissions per

megagram of product.

(2) For existing affected sources, the

owner or operator shall comply with

either paragraph (b)(2)(i), (b)(2)(ii), or

(b)(2)(iii) of this section.

(i) Reduce the total epoxide emissions

from the sum total of all process vents

by an aggregated 98 percent;

(ii) Maintain an outlet concentration

of total epoxides after combustion,

recapture or recovery devices of 20

ppmv or less; or

(iii) Maintain a PMPU-wide emission

factor of no greater than 1.69×10¥2

kilogram epoxide emissions per

megagram of product.

(c) Requirements for nonepoxide HAP

emissions making or modifying the

product. The owner or operator of a new

or existing affected source where

polyether polyol products are produced

using epoxides shall determine the

group status for the combination of

process vents in each PMPU that are

associated with the use of one or more

nonepoxide organic HAP to make or

modify the product. The group status

shall be determined using the

procedures in § 63.1428 (a) through (f)

for process vents from batch unit

operations and § 63.1428(h) for process

vents from continuous unit operations.

Depending on the results of the group

status determination, the owner or

operator shall comply with the

provisions of paragraph (c)(1), (c)(2),

(c)(3), or (c)(4) of this section, as

applicable. A PMPU that does not use

any nonepoxide organic HAP to make or

modify the polyether polyol product is

exempt from the requirements of this

paragraph.

(1) Process vents from batch unit

operations—Group 1 requirements. For

PMPUs where nonepoxide organic HAP

is used to make or modify the product

in batch unit operations, the owner or

operator shall reduce total nonepoxide

organic HAP emissions from the

combination of process vents from batch

unit operations associated with making

or modifying the product by an

aggregated 90 percent if the combination

of process vents meets the Group 1

criteria contained in § 63.1428 of this

subpart.

(2) Process vents from batch unit

operations—Group 2 requirements. For

PMPUs where nonepoxide organic HAP

is used to make or modify the product

in batch unit operations, and the

combination of process vents from batch

unit operations associated with making

or modifying the product meets the

Group 2 criteria, the owner or operator

shall comply with the provisions of

§ 63.1428(g) of this subpart. No other

control requirements apply to these

process vents.

(3) Process vents from continuous unit

operations—Group 1 requirements. For

PMPUs where nonepoxide organic HAP

is used to make or modify the product

in continuous unit operations, the

owner or operator shall reduce total

nonepoxide organic HAP emissions

from the combination of process vents

from continuous unit operations that

make or modify the product by an

aggregated 98 percent, if the

combination of process vents meets the

Group 1 criteria contained in § 63.1428

of this subpart.

(4) Process vents from continuous unit

operations—Group 2 requirements. For

PMPUs where nonepoxide organic HAP

is used to make or modify the product

in continuous unit operations, and the

combination of process vents from

continuous unit operations that make or

modify the product meets the Group 2

criteria, the owner or operator shall

comply with paragraphs (c)(4)(i) or

(c)(4)(ii) of this section, as applicable.

No control requirements apply to these

Group 2 process vents.

(i) If the TRE for the combination of

process vents is greater than 1.0 but less

than 4.0, the owner or operator shall

comply with the monitoring provisions

in § 63.1429, the recordkeeping

provisions in § 63.1430(d) and the

provisions in § 63.1428(h)(4).

(ii) If the TRE for the combination of

process vents is greater than 4.0, the

owner or operator shall comply with the

provisions in § 63.1428(h)(2).

(d) Requirements for nonepoxide

organic HAP emissions from catalyst

extraction. The owner or operator of a

new or existing affected source where

polyether polyol products are produced

using epoxide compounds shall reduce

emissions of nonepoxide organic HAP

from the sum total of all process vents

associated with catalyst extraction by an

aggregated 90 percent for each PMPU. A

PMPU that does not use any nonepoxide

organic HAP in catalyst extraction is

exempt from the requirements of this

paragraph.

(e) This paragraph describes how

§§ 63.1426 through 63.1431 of this

subpart shall be used with the control

requirements specified in (b), (c), and

(d) of this section.

(1) Compliance with requirements for

epoxide emissions. (i) If an owner or

operator chooses to comply with the

control efficiency provisions in

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

section, the owner or operator shall

comply with the provisions of

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

section by determining the epoxide

emissions before and after control.

(A) If extended cookout is not being

used as a control technique to reduce

epoxide emissions, control efficiency

shall be determined in accordance with

§ 63.1426 of this subpart. After the

initial determination of compliance,

monitoring of combustion, recovery, or

recapture device performance shall be

conducted in accordance with § 63.1429

of this subpart.

(B) If extended cookout is being used

as a control technique to reduce epoxide

emissions, uncontrolled and controlled

emissions and control efficiency shall

be determined in accordance with

§ 63.1427 of this subpart. After the

initial determination of compliance,

monitoring of the use of extended

cookout shall be conducted in

accordance with the requirements of

§ 63.1427(h) of this subpart.

(ii) If an owner or operator chooses to

comply with the outlet concentration

provision in paragraph (b)(2)(ii) of this

section, the owner or operator shall

determine the outlet concentration in

accordance with § 63.1427 of this

subpart. After the initial determination

of compliance, monitoring of

combustion, recovery, or recapture

device performance or outlet

concentration shall be conducted in

accordance with § 63.1429 of this

subpart.

(iii) If an owner or operator chooses

to comply with the emission factor

limitation provisions in paragraph

(b)(1)(iii) or (b)(2)(iii) of this section, the

owner or operator shall develop an

epoxide annual emissions plan, as

specified in § 63.1431 of this subpart.

The owner or operator shall

demonstrate compliance with this plan

and monitor process and/or combustion,

recovery, or recapture device

parameters, in accordance with

§ 63.1431(c), (d), (e), and (f), as

appropriate.

(2) Compliance with requirements for

nonepoxide organic HAP emissions

from making or modifying the product.

The owner or operator shall comply

with the provisions of paragraph (c) of

this section in accordance with

paragraph (e)(2)(i) of this section, and

with either paragraph (e)(2)(ii) or

(e)(2)(iii) of this section.

(i) For each PMPU, determine if the

combination process vents from unit

operations that are associated with the

use of a nonepoxide organic HAP to

make or modify the product meet the
46828 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

Group 1 criteria provided in

§ 63.1428(a) for the combination of

process vents from batch unit operations

or § 63.1428(b) for the combination of

process vents from continuous unit

operations.

(ii) For combinations of process vents

that are Group 1, demonstrate

compliance with paragraph (c)(1) or

(c)(2) of this section by complying with

the performance test requirements

contained in § 63.1426. After the initial

determination of compliance,

compliance shall be demonstrated by

monitoring of combustion, recovery, or

recapture device performance, in

accordance with § 63.1429.

(iii) For combination of process vents

that are Group 2, comply with the

monitoring requirements in § 63.1429.

(f) Requirements for process vents at

PMPUs that produce polyether polyol

products using tetrahydrofuran. For

each process vent in a PMPU that uses

tetrahydrofuran (THF) to produce one or

more polyether polyol products that is,

or is part of, an affected source the

owner or operator shall comply with the

requirements of §§ 63.113 through

63.118 of subpart G, except as provided

for in paragraphs (f)(1) through (f)(10) of

this section.

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

proposal date for subpart G) is referred

to in § 63.113 of subpart G, it shall be

replaced with September 4, 1997 for the

purposes of this subpart.

(2) When §§ 63.151(f), alternative

monitoring parameters, and 63.152(e),

submission of an operating permit, of

subpart G are referred to in §§ 63.114(c)

and 63.117(e) of subpart G, § 63.1439(f),

alternative monitoring parameters, and

§ 63.1439(e)(8), submission of an

operating permit, respectively, shall

apply for the purposes of this subpart.

(3) When the Notification of

Compliance Status requirements

contained in § 63.152(b) of subpart G are

referred to in §§ 63.114, 63.117, and

63.118 of subpart G, the Notification of

Compliance Status requirements

contained in § 63.1439(e)(5) shall apply

for the purposes of this subpart.

(4) When the Periodic Report

requirements contained in § 63.152(c) of

subpart G are referred to in §§ 63.117

and 63.118 of subpart G, the Periodic

Report requirements contained in

§ 63.1439(e)(6) shall apply for the

purposes of this subpart.

(5) When the definition of excursion

in § 63.152(c)(2)(ii)(A) of subpart G is

referred to in § 63.118(f)(2) of subpart G,

the definition of excursion in

§ 63.1438(f) shall apply for the purposes

of this subpart.

(6) When § 63.114(e) of subpart G

specifies that an owner or operator shall

submit the information required in

§ 63.152(b) of subpart G in order to

establish the parameter monitoring

range, the owner or operator shall

comply with the provisions of § 63.1438

for establishing the parameter

monitoring level and shall comply with

§ 63.1439(e)(5)(ii) or § 63.1439(e)(8) 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.

(7) When reports of process changes

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

(j) of subpart G, paragraphs (e)(7)(i)

through (e)(7)(iv) of this section shall

apply for the purposes of this subpart.

(i) For the purposes of this subpart,

whenever a process change, as defined

in § 63.115(e) of subpart G, is made that

causes a Group 2 process vent to

become a Group 1 process vent, 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. The

following information shall be

submitted:

(A) A description of the process

change; and

(B) A schedule for compliance with

the provisions of this subpart, as

required under § 63.1439(e)(6)(iii)(D)(1).

(ii) Whenever a process change, as

defined in § 63.115(e) of subpart G, is

made that causes a Group 2 process vent

with a TRE greater than 4.0 to become

a Group 2 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 the

information regarding the process

change is known to the owner or

operator. This report may be included in

the next Periodic Report. The following

information shall be submitted:

(A) A description of the process

change; and

(B) A schedule for compliance with

the provisions of this subpart, as

required under § 63.1439(e)(6)(iii)(D)(2).

(iii) Whenever a process change, as

defined in § 63.115(e) of subpart G, is

made that causes a Group 2 process vent

with a flow rate less than 0.005 standard

cubic meter per minute (scmm) to

become a Group 2 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 the

information regarding the process

change is known to the owner or

operator. This report may be included in

the next Periodic Report. The following

information shall be submitted:

(A) A description of the process

change; and

(B) A schedule for compliance with

the provisions of this subpart, as

required under § 63.1439(e)(6)(iii)(D)(2).

(iv) Whenever a process change, as

defined in § 63.115(e) of subpart G, is

made that causes a Group 2 process vent

with an organic HAP concentration less

than 50 parts per million by volume

(ppmv) to become a Group 2 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 the information regarding the

process change is known to the owner

or operator. This report may be included

in the next Periodic Report. The

following information shall be

submitted:

(A) A description of the process

change; and

(B) A schedule for compliance with

the provisions of this subpart, as

required under § 63.1439(e)(6)(iii)(D)(2).

(8) When § 63.118 of subpart G refers

to § 63.152(f) of subpart G, the

recordkeeping requirements in

§ 63.1439(d) shall apply for the

purposes of this subpart.

(9) When §§ 63.115 and 63.116 of

subpart G refer to Table 2 of subpart F,

the owner or operator shall only

consider organic HAP as defined in this

subpart.

(10) When the provisions of § 63.116

(c)(3) and (c)(4) of subpart G 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 (f)(10)(i) and (f)(10)(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.

§ 63.1426 Process vent requirements for

determining organic HAP concentration,

control efficiency, and aggregated organic

HAP emission reduction for a PMPU.

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

to comply with § 63.1425 (b)(1)(iii),
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46829

(b)(2)(i), (b)(2)(ii), (b)(2)(iii), (c)(1), (c)(3),

or (d) of this subpart, the owner or

operator shall comply with the flare

provisions in § 63.11(b) of subpart A,

and is not required to demonstrate the

control efficiency. In order to use only

a flare to comply with § 63.1425(b)(1)(i),

an owner or operator shall submit a

request in accordance with § 63.6(g) of

subpart A.

(b) Exceptions to performance tests.

An owner or operator is not required to

conduct a performance test when a

combustion, recovery, or recapture

device specified in paragraphs (b)(1)

through (b)(5) of this section is used to

comply with § 63.1425 (b), (c), or (d) of

this subpart.

(1) A boiler or process heater with a

design heat input capacity of 44

megawatts or greater.

(2) A boiler or process heater where

the process vent stream is introduced

with the primary fuel or is used as the

primary fuel.

(3) A combustion, recovery, or

recapture 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 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.

(4) A boiler or process heater burning

hazardous waste for which the owner or

operator:

(i) Has been issued a final permit

under 40 CFR part 270 and complies

with the requirements of 40 CFR part

266, subpart H; or

(ii) Has certified compliance with the

interim status requirements of 40 CFR

part 266, subpart H.

(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) Determination of organic HAP

concentration and control efficiency.

Except as provided in paragraphs (a)

and (b) of this section, an owner or

operator using a combustion, recovery,

or recapture device to comply with an

organic HAP percent reduction

efficiency requirement in § 63.1425,

(b)(2)(i), (c)(1), (c)(3), or (d) an organic

HAP concentration limitation in

§ 63.1425 (b)(1)(ii) or (b)(2)(ii), or an

annual epoxide emission limitation

§ 63.1425 (b)(1)(iii) or (b)(2)(iii), shall

conduct a performance test using the

procedures in paragraphs (c)(1) through

(c)(4) of this section. The organic HAP

concentration and percent reduction

may be measured as either total organic

HAP or as TOC minus methane and

ethane according to the procedures

specified. When conducting testing in

accordance with this section, the owner

or operator is only required to measure

HAP of concern for the specific

requirement for which compliance is

being determined. For instance, to

determine compliance with the epoxide

emission requirement of § 63.1426(b),

the owner or operator is only required

to measure epoxide control efficiency or

outlet concentration.

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

appendix A, as appropriate, shall be

used for selection of the sampling sites.

(i) For determination of compliance

with a percent reduction of total

epoxide requirement in § 63.1425

(b)(1)(i), (b)(2)(i), or a percent reduction

of total organic HAP requirement in

paragraph (b)(1), (b)(3), or (c) of this

section, sampling sites shall be located

at the inlet of the combustion, recovery,

or recapture device as specified in

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

(c)(1)(i)(C) of this section, and at the

outlet of the combustion, recovery, or

recapture device.

(A) For process vent from continuous

unit operations, the inlet sampling site

shall be determined in accordance with

either paragraph (c)(1)(i)(A)(1) or

(c)(1)(i)(A)(2) of this section.

(1) To demonstrate compliance with

either the provisions for epoxide

emissions in § 63.1425(b) or the

provisions for organic HAP emissions

from catalyst extraction in § 63.1425(d),

the inlet sampling site shall be located

at the exit from the continuous unit

operation before any recovery devices,

or

(2) To demonstrate compliance with

the requirements for organic HAP

emissions from the use of nonepoxide

organic HAP in making or altering the

product in § 63.1425(c), the inlet

sampling site shall be located after the

final recovery device.

(B) For process vents from batch unit

operations, the inlet sampling site shall

be located at the exit from the batch unit

operation before any recovery device.

(C) If a process vent stream is

introduced with the combustion air or

as a secondary fuel into a boiler or

process heater with a design capacity

less than 44 megawatts, selection of the

location of the inlet sampling sites shall

ensure the measurement of total organic

HAP or TOC (minus methane and

ethane) concentrations in all process

vent streams and primary and secondary

fuels introduced into the boiler or

process heater.

(ii) For determination of compliance

with a parts per million by volume total

organic HAP limit in § 63.1425 (b)(1)(ii)

or (b)(2)(iii), the sampling site shall be

located at the outlet of the combustion,

recovery, or recapture device.

(2) The gas volumetric flow rate shall

be determined using Method 2, 2A, 2C,

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

as appropriate.

(3) To determine compliance with a

parts per million by volume total

organic HAP limit in § 63.1425 (b)(1)(ii)

or (b)(2)(ii), the owner or operator shall

use Method 18 of 40 CFR part 60,

appendix A to measure either TOC

minus methane and ethane or total

organic HAP (of the HAP of concern).

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.

For combustion devices, the following

procedures shall be used to calculate

parts per million by volume

concentration, corrected to 3 percent

oxygen:

(i) Test duration shall be as specified

in paragraphs (c)(3)(i)(A) through

(c)(3)(i)(E) of this section, as

appropriate.

(A) Testing of process vents from

continuous unit operations will consist

of three 1-hour runs. Gas stream

volumetric flow rates shall be measured

at approximately equal intervals of

about 15 minutes during each 1-hour

run. The HAP concentration shall be

determined from samples collected in

an integrated sample over the duration

of each 1-hour test run, or from grab

samples collected simultaneously with

the flow rate measurements (at

approximately equal intervals of about

15 minutes). If an integrated sample is

collected for laboratory analysis, the

sampling rate shall be adjusted

proportionally to reflect variations in

flow rate. For gas streams from

continuous unit operations, the organic

HAP concentration or control efficiency

used to determine compliance shall be

the average organic HAP concentration

or control efficiency of the three test

runs.

(B) Testing of process vents from

batch unit operations shall, at a

minimum, include testing for the worstcase episode or aggregated episodes(s)

in the batch cycle or cycles (in the event

that equipment is manifolded and

vented through a common stack). Gas

stream volumetric flow rates shall be

measured at 15-minute intervals, or at

least once during the emission episode.

The HAP or TOC concentration shall be
46830 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

determined from samples collected in

an integrated sample over the duration

of the worst case episode(s), or from

grab samples collected simultaneously

with the flow rate measurements (at

approximately equal intervals of about

15 minutes). If an integrated sample is

collected for laboratory analysis, the

sampling rate shall be adjusted

proportionally to reflect variations in

flow rate. The worst case episode shall

be characterized by the criteria

presented in paragraph (c)(3)(i)(B)(1),

(c)(3)(i)(B)(2), or (c)(3)(i)(B)(3) of this

section.

(1) The period of a batch cycle or

combined cycles in which a process

vent gas will contain at least 50 percent

of the total HAP load (in lb) from the

entire cycle or combined cycles (if more

than one cycle is vented through the

same process vent) over a time duration

that is sufficient to include all batch

cycles routed to the common process

vent. An emission profile as described

in paragraph (c)(3)(i)(C) of this section

shall be used to identify the worst case

episode.

(2) A 1-hour period of time in which

a process vent from the batch cycle or

combination of cycles (if more than one

cycle is vented through the same

process vent) will contain the highest

HAP mass loading rate, in lb/hr,

experienced over a time duration that is

sufficient to include all batch cycles

routed to the common process vent. An

emission profile as described in

paragraph (c)(3)(i)(C) of this section

shall be used to identify the worst case

episode.

(3) If a condenser is used to control

the process vent stream(s), the worst

case emission episode(s) shall represent

a 1-hour period of time in which a

process vent from the batch cycle or

combination of cycles (if more than one

cycle is vented through the same

process vent) will require the maximum

heat removal capacity, in Btu/hr, to cool

the process vent stream to a temperature

that, upon calculation of HAP

concentration, will yield the required

removal efficiency for the entire cycle.

The calculation of maximum heat load

shall be based on the emission profile

described in paragraph (c)(3)(i)(C) of

this section and a concentration profile

that will allow calculation of sensible

and latent heat loads.

(4) For the purposes of testing the

combustion, recovery, or recapture

device, the worst case episode may be

simulated based on the emissions

profile described in paragraph

(c)(3)(i)(C) of this section. A simulated

worst case episode must have a

representative composition, HAP load,

and duration that would be predicted

from the emission profile.

(C) For process vents from batch unit

operations, the owner or operator may

choose to perform tests only during

those periods of the worst-case

episode(s) that the owner or operator

selects to control as part of achieving

the required emission reduction. The

owner or operator must develop an

emission profile for the process vent,

based on either process knowledge or

test data collected, to demonstrate that

test periods are representative. The

emission profile must profile HAP

loading rate (in lb/hr) versus time for all

emission episodes contributing to the

process vent stack for a period of time

that is sufficient to include all batch

cycles venting to the stack. Examples of

information that could constitute

process knowledge include calculations

based on material balances, and process

stoichiometry. Previous test results may

be used to develop an emissions profile,

provided the results are still

representative of the current process

vent stream conditions.

(D) For testing of batch emission

episodes of duration greater than 8

hours, the owner or operator shall

perform at least 8 hours of testing. The

test period must include the period of

time in which the worst case emission

episode(s) is predicted by the emission

profile.

(E) For testing of batch emission

episodes of greater than 1 hour, the

emission rate from a single test run may

be used to determine compliance. For

testing of episodes less than or equal to

1 hour, testing shall include three runs,

each of a duration not less than the

duration of the worst case episode.

(ii) The concentration of either TOC

(minus methane or ethane) or total

organic HAP, of the HAP of concern,

shall be calculated according to

paragraph (c)(3)(ii)(A) or (c)(3)(ii)(B) of

this section.

(A) The TOC concentration (CTOC) is

the sum of the concentrations of the

individual components and shall be

computed for each run using the

following equation:

C

C

x TOC Equation 1

ji

j

n

i

x

=











 =

=

∑

∑ 1

1

[ ]

Where:

CTOC = Concentration of TOC (minus

methane and ethane), dry basis,

parts per million by volume.

Cji = Concentration of sample

components j of sample i, dry basis,

parts per million by volume.

n = Number of components in the

sample.

x = Number of samples in the sample

run.

(B) The total organic HAP

concentration (CHAP) shall be computed

according to equation 1, except that

only the organic HAP species shall be

summed.

(iii) The concentration of TOC or total

organic HAP shall be corrected to 3

percent oxygen if a combustion device

is used.

(A) The emission rate correction

factor or excess air, integrated sampling

and analysis procedures of Method 3B

of 40 CFR part 60, appendix A shall be

used to determine the oxygen

concentration (%02d). The samples shall

be taken during the same time that the

TOC (minus methane or ethane) or total

organic HAP samples are taken.

(B) The concentration corrected to 3

percent oxygen (Cc) shall be computed

using equation 2, as follows:

C C

O c m

d

= 









 17 9

20 9 2

.

. %- [Equation 2]

Where:

Cc = Concentration of TOC or organic

HAP corrected to 3 percent oxygen,

dry basis, parts per million by

volume.

Cm = Concentration of TOC (minus

methane and ethane) or organic

HAP, dry basis, parts per million by

volume.

%02d = Concentration of oxygen, dry

basis, percent by volume.

(4) To determine compliance with a

percent reduction requirement of

§ 63.1425(b)(1)(i), (b)(2)(i), (c)(1), (c)(3),

or (d), the owner or operator shall use

Method 18 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 of appendix A of this part may be

used. The following procedures shall be

used to calculate percent reduction

efficiency:

(i) Test duration shall be as specified

in paragraphs (c)(3)(i)(A) through

(c)(3)(i)(E) of this section, as

appropriate.

(ii) The mass rate of either TOC

(minus methane and ethane) or total

organic HAP of the HAP of concern (Ei,

Eo) shall be computed.

(A) The following equations shall be

used:
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46831

E K C M Q i ij ij

j

n

= i











 =

2 ∑

1

[Equation 3]

E K C M Q o oj oj

j

n

= o











 =

2 ∑

1

[Equation 4]

Where:

Cij, Coj = Concentration of sample

component j of the gas stream at the

inlet and outlet of the combustion,

recovery, or recapture device,

respectively, dry basis, parts per

million by volume.

Ei, Eo = Mass rate of TOC (minus

methane and ethane) or total

organic HAP at the inlet and outlet

of the combustion, recovery, or

recapture device, respectively, dry

basis, kilogram per hour.

Mij, Moj = Molecular weight of sample

component j of the gas stream at the

inlet and outlet of the combustion,

recovery, or recapture device,

respectively, gram/gram-mole.

Qi, Qo = Flow rate of gas stream at the

inlet and outlet of the combustion,

recovery, or recapture device,

respectively, dry standard cubic

meter per minute.

K2 = Constant, 2.494 × 10¥6 (parts per

million)¥1 (gram-mole per standard

cubic meter) (kilogram/gram)

(minute/hour), where standard

temperature (gram-mole per

standard cubic meter) is 20 °C.

(B) Where the mass rate of TOC is

being calculated, all organic compounds

(minus methane and ethane) measured

by Method 18 of 40 CFR part 60,

appendix A are summed using

equations 3 and 4 in paragraph

(c)(4)(ii)(A) of this section.

(C) Where the mass rate of total

organic HAP is being calculated, only

the organic HAP species shall be

summed using equations 3 and 4 in

paragraph (c)(4)(ii)(A) of this section.

(iii) The percent reduction in TOC

(minus methane and ethane) or total

organic HAP shall be calculated using

equation 5 as follows:

R

E E

E

i o

i

= − ( ) 100 [Equation 5]

Where:

R = Control efficiency of combustion,

recovery, or recapture device,

percent.

Ei = Mass rate of TOC (minus methane

and ethane) or total organic HAP at

the inlet to the combustion,

recovery, or recapture device as

calculated under paragraph (c)(4)(ii)

of this section, kilograms TOC per

hour or kilograms organic HAP per

hour.

Eo = Mass rate of TOC (minus methane

and ethane) or total organic HAP at

the outlet of the combustion,

recovery, or recapture device, as

calculated under paragraph (c)(4)(ii)

of this section, kilograms TOC per

hour or kilograms organic HAP per

hour.

(iv) If the process vent stream 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

(minus methane and ethane) across the

device shall be determined by

comparing the TOC (minus methane

and ethane) or total organic HAP in all

combusted process vent streams and

primary and secondary fuels with the

TOC (minus methane and ethane) or

total organic HAP exiting the

combustion device, respectively.

(d) Determination of uncontrolled

organic HAP emissions. For each

process vent at a PMPU that is

complying with § 63.1425 (b)(1)(i),

(b)(1)(iii), (b)(2)(i), (b)(2)(iii), (c)(1),

(c)(3), or (d) using a combustion,

recovery, or recapture device, the owner

or operator shall determine the

uncontrolled organic HAP emissions in

accordance with the provisions of this

paragraph, with the exceptions noted in

paragraph (d)(1) of this section. The

provisions of this paragraph shall also

be used to calculate uncontrolled

epoxide emissions prior to the onset of

an extended cook out and uncontrolled

epoxide emissions prior to the end of

the extended cook out.

(1) The owner or operator is not

required to determine uncontrolled

organic HAP emissions for process vents

in a PMPU if the conditions in

paragraph (d)(1) (i), (ii), or (iii) of this

section are met.

(i) For PMPUs where all process vents

subject to the epoxide emission

reduction requirements of § 63.1425(b)

are controlled at all times using a

combustion, recovery, or recapture

device, or extended cookout, the owner

or operator is not required to determine

uncontrolled epoxide emissions.

(ii) For PMPUs where the

combination of process vents associated

with the use of nonepoxide organic HAP

to make or modify a polyether polyol

product is subject to the Group 1

requirements of either § 63.1425 (c)(1) or

(c)(3), the owner or operator is not

required to determine uncontrolled

nonepoxide organic HAP emissions for

those process vents if every process vent

associated with the use of nonepoxide

organic HAP to make or modify the

polyether polyol product in the PMPU

is controlled at all times using a

combustion, recovery, or recapture

device.

(iii) For PMPUs where all process

vents associated with catalyst extraction

that are subject to the organic emission

reduction requirements of § 63.1425(d)

are controlled at all times using a

combustion, recovery, or recapture

device, the owner or operator is not

required to determine uncontrolled

organic HAP emissions for those process

vents.

(2) Process vents from batch unit

operations. The uncontrolled organic

HAP emissions from an individual

batch cycle for each process vent from

a batch unit operation shall be

determined using the procedures in

§ 63.488 (b)(1) through (b)(7) of subpart

U. Uncontrolled emissions from process

vents from batch unit operations shall

be determined at the exit from the batch

unit operation before any recovery

device.

(3) Process vents from continuous unit

operations. The uncontrolled organic

HAP emissions for each process vent

from a continuous unit operation in a

PMPU shall be determined, at the

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

of this section, using the procedures in

paragraph (d)(3)(ii) of this section.

(i)(A) For process vents subject to

either the provisions for epoxide

emissions in § 63.1425(b) or the

provisions for organic HAP emissions

from catalyst extraction in § 63.1425(d),

uncontrolled emissions shall be

determined at the exit from the

continuous unit operation before any

recovery devices, or

(B) For process vents subject to the

Group 1 requirements for process vents

associated with the use of nonepoxide

organic HAP to make or modify the

polyether polyol product in

§ 63.1425(c)(3) of this subpart,

uncontrolled nonepoxide organic HAP

emissions shall be determined after the

final recovery device.

(ii) The owner or operator shall

determine the hourly uncontrolled

organic HAP emissions from each

process vent from a continuous unit

operation in accordance with paragraph

(c)(4)(ii) of this section, except that the

emission rate shall be determined at the

location specified in paragraph (d)(2)(i)

of this section.

(e) Determination of Organic HAP

Emission Reduction for a PMPU. (1) The

owner or operator shall determine the

organic HAP emission reduction for

process vents in a PMPU using Equation

6. The organic HAP emission reduction

must be determined for each group of
46832 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

process vents subject to the same

paragraph of § 63.1425 of this subpart.

For instance, process vents that emit

epoxides are subject to paragraph (b) of

§ 63.1425. Therefore, the organic HAP

(i.e., epoxide) emission reduction must

be determination for the group of vents

in a PMPU that are subject to this

paragraph.

RED

E R

E E

PMPU

unc i i

i

n

unc i unc j

j

m

i

n =

( )( )

( ) + ( )

























∗ =

= =

∑

∑ ∑

,

, ,

1

1 1

100 [Equation 6]

Where:

REDPMPU = Organic HAP emission

reduction for the group of process

vents exclusively subject to

§ 63.1425 (b), (c), or (d) of this

subpart, percent

Eunc,i = Uncontrolled organic HAP

emissions from process vent i that

is controlled using a combustion,

recovery, or recapture device, kg/

batch cycle for process vents from

batch unit operations, kg/hr for

process vents from continuous unit

operations

n = Number of process vents in the

PMPU that are exclusively subject

to § 63.1425 (b), (c), or (d) of this

subpart and that are controlled

using a combustion, recovery, or

recapture device

Ri = Control efficiency of the

combustion, recovery, or recapture

device used to control organic HAP

emissions from vent i, determined

in accordance with paragraph (e)(2)

of this section.

Eunc,j = Uncontrolled organic HAP

emissions from process vent j that

is not controlled using a

combustion, recovery, or recapture

device, kg/batch cycle for process

vents from batch unit operations,

kg/hr for process vents from

continuous unit operations

m = Number of process vents in the

PMPU that are exclusively subject

to § 63.1425 (b), (c), or (d) of this

subpart and that are not controlled

using a combustion, recovery, or

recapture device.

(2) The control efficiency, Ri, shall be

assigned as specified below in

paragraph (e)(2)(i) or (ii) of this section.

(i) If the process vent is controlled

using a flare, or a combustion device

specified in paragraph (b)(1), (b)(2),

(b)(4), or (b)(5) of this section and a

performance test has not been

conducted, the control efficiency shall

be assumed to be 98 percent.

(ii) If the process vent is controlled

using a combustion, recovery, or

recapture device for which a

performance test has been conducted in

accordance with the provisions of

paragraph (c) of this section, or for

which a performance test that meets the

requirements of paragraph (b)(3) of this

section has been previously performed,

the control efficiency shall be the

efficiency determined by the

performance test.

§ 63.1427 Process vent requirements for

processes using extended cookout as an

epoxide emission reduction device.

(a) Owners or operators of affected

sources that produce polyether polyol

products using epoxides, and that are

using extended cookout (ECO) as a

control technique to reduce epoxide

emissions in order to comply with

percent emission reduction

requirements in § 63.1425(b)(1)(i) or

(b)(2)(i) shall determine the batch cycle

percent epoxide emission reduction for

each product class in accordance with

the provisions of paragraphs (b) through

(g) of this section. Owners or operators

shall also comply with the testing,

monitoring, and recordkeeping and

reporting requirements associated with

extended cookout listed in paragraphs

(h), (i), (j), and (k) of this section.

(1) For each product class, the owner

or operator shall determine the batch

cycle percent epoxide emission

reduction for the most difficult to

control product in the product class,

where the most difficult to control

product is the polyether polyol product

that is manufactured with the slowest

pressure decay curve.

(2) The owner or operator may

determine the batch cycle percent

epoxide emission reduction by directly

measuring the concentration of the

unreacted epoxide, or by using process

knowledge, reaction kinetics, and

engineering knowledge. If the owner or

operator elects to use any method other

than direct measurement, the percent

reduction must be determined by direct

measurement for one product for each

PMPU to verify the accuracy of the

estimation method selected.

(b) Define the end of epoxide feed.

The owner or operator shall define the

end of the epoxide feed in accordance

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

section.

(1) The owner or operator shall

determine the concentration of epoxide

in the reactor liquid at the point in time

when all epoxide has been added to the

reactor and prior to any venting. This

concentration shall be determined in

accordance with the procedures in

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

(2) If the conditions in paragraph

(b)(2)(i), (ii), and (iii) of this section are

met, the end of the epoxide feed may be

defined by the reactor epoxide partial

pressure at the point in time when all

epoxide reactants have been added to

the reactor. This reactor epoxide partial

pressure shall be determined in

accordance with the procedures in

paragraph (g) of this section.

(i) No epoxide is emitted before the

end of the ECO, and

(ii) Extended cookout is the only

control technique to reduce epoxide

emissions, and

(iii) The owner or operator elects to

determine the percent epoxide emission

reduction for the ECO using reactor

epoxide partial pressure in accordance

with paragraph (e)(2) of this section.

(c) Define the onset of the ECO. The

owner or operator shall calculate the

uncontrolled emissions for the batch

cycle by calculating the epoxide

emissions prior to the onset of the ECO,

if any, plus the epoxide emissions at the

onset of the ECO. The default onset of

the ECO is defined as the point in time

when the combined unreacted epoxide

concentration in the reactor liquid is

equal to 25 percent of the concentration

of epoxides at the end of the epoxide

feed, which was determined in

accordance with paragraph (b) of this

section.

(1) The uncontrolled epoxide

emissions for the batch cycle shall be

determined using Equation 7.

Eepox,uncontrolled = (Cliq,i)(Vliq,i)(Dliq,i) +

(Cvap,i)(Vvap,i)(Dvap,i) + (Eepox,before)

[Equation 7]

Where:

Eepox,uncontrolled = Uncontrolled epoxide

emissions at the onset of the ECO,

kilograms per (kg/)batch

Cliq,i = Concentration of epoxide in the

reactor liquid at the onset of the
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46833

ECO, which is equal to 25 percent

of the concentration of epoxide at

the end of the epoxide feed,

determined in accordance with

paragraph (b)(1) of this section,

weight percent

Vliq,i = Volume of reactor liquid at the

onset of the ECO, liters

Dliq,i = Density of reactor liquid, kg/liter

Cvap,i = Concentration of epoxide in the

reactor vapor space at the onset of

the ECO, determined in accordance

with paragraph (f)(2) of this section,

weight percent

Vvap,i = Volume of the reactor vapor

space at the onset of the ECO, liters

Dvap,i = Vapor density of reactor vapor

space at the onset of the ECO, kg/

liter

Eepox,before = Epoxide emissions that

occur prior to the onset of the ECO,

determined in accordance with the

provisions of § 63.1426(d),

kilograms

(2) If the conditions in paragraphs

(b)(2)(i), (ii), and (iii) of this section are

met, the owner or operator may define

the onset of the ECO as the point in time

when the reactor epoxide partial

pressure equals 25 percent of the reactor

epoxide partial pressure at the end of

the epoxide feed, and is not required to

determine the uncontrolled epoxide

emissions in accordance with paragraph

(c)(1) of this section.

(3) The owner or operator may request

to define the onset of the ECO

differently than described in paragraph

(c)(1) or (c)(2) of this section by

submitting a request, along with a

justification for the alternative

definition of the onset of the ECO to the

Administrator in the Precompliance

report.

(d) Determine emissions at the end of

the ECO. The owner or operator shall

calculate the epoxide emissions at the

end of the ECO, where the end of the

ECO is defined as the point immediately

before the time when the reactor

contents are emptied and/or the reactor

vapor space purged to the atmosphere or

to a combustion, recovery, or recapture

device.

(1) The epoxide emissions at the end

of the ECO shall be determined using

Equation 8.

Eepox,ECO = (Cliq,f)(Vliq,f)(Dliq,f) +

(Cvap,f)(Vvap,f)(Dvap,f)

[Equation 8]

Where:

Eepox, ECO = Epoxide emissions at the

end of the ECO, kg

Cliq,f = Concentration of epoxide in the

reactor liquid at the end of the ECO,

determined in accordance with

paragraph (f)(1) of this section,

weight percent

Vliq,f = Volume of reactor liquid at the

end of the ECO, liters

Dliq,f = Density of reactor liquid, kg/liter

Cvap,f = Concentration of epoxide in the

reactor vapor space as it exits the

reactor at the end of the ECO,

determined in accordance with

paragraph (f)(2) of this section,

weight percent

Vvap,f = Volume of the reactor vapor

space as it exits the reactor at the

end of the ECO, liters

Dvap,f = Vapor density of reactor vapor

space at the end of the ECO, kg/liter

(2) If the conditions in paragraph

(b)(2)(i), (ii), and (iii) of this section are

met, the owner or operator may

determine the reactor epoxide partial

pressure at the end of the ECO instead

of determining the uncontrolled epoxide

emissions at the end of the ECO in

accordance with paragraph (d)(1) of this

section.

(e) (1) The owner or operator shall

determine the percent epoxide emission

reduction for the batch cycle using

Equation 9.

R

E E R E R

E batchcycle

e u e E addon i e o addon j

e u

= − ( )( ) + ( )( ) 















∗ , , , , ,

,

100 [Equation 9]

Where:

Rbatchcycle = Epoxide emission reduction

for the batch cycle, percent

Ee,E = Epoxide emissions at the end of

the ECO determined in accordance

with paragraph (d)(1) of this

section, kilograms

Raddon,i = Control efficiency of

combustion, recovery, or recapture

device that is used to control

epoxide emissions after the ECO,

determined in accordance with the

provisions of § 63.1426(c), percent

Ee,o = Epoxide emissions that occur

before the end of the ECO,

determined in accordance with the

provisions of § 63.1426(d),

kilograms

Raddon,j = Control efficiency of

combustion, recovery, or recapture

device that is used to control

epoxide emissions that occur before

the end of the ECO, determined in

accordance with the provisions of

§ 63.1426(c), percent

Ee,u = Uncontrolled epoxide emissions

determined in accordance with

paragraph (c)(1) of this section,

kilograms

(2) If the conditions in paragraphs

(b)(2)(i), (ii), and (iii) of this section are

met, the owner or operator may

determine the percent epoxide emission

reduction for the batch cycle using

reactor epoxide partial pressure and

Equation 10, instead of using the

procedures in paragraph (e)(1) of this

section.

R

P

P batchcycle

epox f

epox i

= −

















1 100 ∗ ,

,

[Equation 10]

Where:

Rbatchcycle = Epoxide emission reduction

for the batch cycle, percent

Pepox,i = Reactor epoxide partial pressure

at the onset of the ECO, determined

in accordance with paragraph (c)(2)

of this section, mm Hg

Pepox,f = Reactor epoxide partial pressure

at the end of the ECO, determined

in accordance with paragraph (c)(2)

of this section, mm Hg

(f) Determination of epoxide

concentrations. The owner or operator

shall determine the epoxide

concentrations in accordance with the

procedures in this paragraph.

(1) Determination of epoxide

concentration in reactor liquid. The

owner or operator shall determine the

concentration of epoxide in the reactor

liquid using either direct measurement

in accordance with paragraph (f)(1)(i) of
46834 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

this section or reaction kinetics in

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

this section. An owner or operator may

also request to use an alternative

methodology in accordance with

paragraph (f)(1)(iii) of this section.

(i) The owner or operator shall submit

a standard operating procedure for

obtaining the liquid sample, along with

the test method used to determine the

epoxide concentration. This information

shall be submitted in the precompliance

report.

(ii) Determine the epoxide

concentration in the reactor liquid using

Equation 11.

Cliq,f = Cliq,ie¥kt

[Equation 11]

Note: This equation assumes a first order

reaction with respect to epoxide

concentration.

Where:

Cliq,f = Concentration of epoxide in the

reactor liquid at the end of the time

period, weight percent

Cliq,i = Concentration of epoxide in the

reactor liquid at the beginning of

the time period, weight percent

k = Reaction rate constant, 1/hr

t = Time, hours

(iii) If the owner/operator deems that

the methods listed in paragraph (f)(1) (i)

and (ii) of this section are not

appropriate for the reaction system for

a PMPU, then the owner/operator may

submit a request for the use of an

alternative method.

(2) Determination of concentration of

epoxide in the reactor vapor space. The

owner or operator shall determine the

concentration of epoxide in the reactor

vapor space using either direct

measurement in accordance with

paragraph (f)(2)(i) of this section or by

engineering estimation in accordance

with paragraph (f)(2)(ii) of this section.

An owner or operator may also request

to use an alternative methodology in

accordance with paragraph (f)(2)(iii) of

this section.

(i) The owner or operator shall take

two representative samples from a bleed

valve off the reactor’s process vent. The

owner or operator shall determine the

total epoxide concentration using 40

CFR part 69, Appendix A, Method 18.

(ii) Determine the epoxide

concentration in the vapor space using

Raoult’s Law or another appropriate

phase equilibrium equation and the

liquid epoxide concentration,

determined in accordance with

paragraph (f)(1) of this section.

(iii) If the owner/operator deems that

the methods listed in paragraph (f)(1) (i)

and (ii) of this section are not

appropriate for the reaction system for

a PMPU, then the owner/operator may

submit a request for the use of an

alternative method.

(g) Determination of pressure. The

owner or operator shall determine the

total pressure of the system using

standard pressure measurement devices

calibrated in accordance with

manufacturer’s recommendations.

(h) ECO Monitoring Requirements.

The owner or operator using ECO shall

comply with the monitoring

requirements of this paragraph to

demonstrate continuous compliance

with the emission limitation. Paragraphs

(h)(1) through (h)(3) of this section

address monitoring of the extended

cookout.

(1) To comply with the provisions of

this section, the owner or operator shall

monitor one of the parameters listed in

paragraphs (h)(1) (i) through (iii) of this

section, or may utilize the provision in

paragraph (h)(1)(iv) of this section.

(i) Time from the end of the epoxide

feed;

(ii) The epoxide partial pressure in

the reactor; and

(iii) Direct measurement of epoxide

concentration in the reactor liquid at the

end of the ECO; or

(iv) An owner or operator may submit

a request to the Administrator to

monitor a parameter other than the

parameters listed in paragraphs (h)(1) (i)

through (iii) of this section, as described

in § 63.1439(f).

(2) During the determination of the

percent epoxide emission reduction in

paragraphs (b) through (e) of this

section, the owner or operator shall

establish, as a level that must be

maintained during periods of operation,

one of the parameters in paragraphs

(h)(2)(i) through (h)(2)(iii) of this

section, or may utilize the procedure in

paragraph (h)(2)(iv) of this section, for

each product class.

(i) The time from the end of the

epoxide feed to the end of the ECO;

(ii) The reactor epoxide partial

pressure at the end of the ECO; and

(iii) The epoxide concentration in the

reactor liquid at the end of the ECO; or

(iv) An owner or operator may submit

a request to the Administrator to

monitor a parameter other than the

parameters listed in paragraphs (h)(2) (i)

through (iii) of this section, as described

in § 63.1439(f).

(3) For each batch cycle where ECO is

used to reduce epoxide emissions, the

owner or operator shall record the value

of the monitored parameter at the end

of the ECO. This parameter is then

compared with the level established in

accordance with paragraph (h)(2) of this

section to determine if an excursion has

occurred. An ECO excursion is defined

as one of the situations described in

paragraphs (h)(3) (i) through (v) of this

section.

(i) When the time from the end of the

epoxide feed to the end of the ECO is

less than the level established in

paragraph (h)(2)(i) of this section;

(ii) When the reactor epoxide partial

pressure at the end of the ECO is greater

than the level established in paragraph

(h)(2)(ii) of this section;

(iii) When the epoxide concentration

in the reactor liquid at the end of the

ECO is greater than the level established

in paragraph (h)(2)(iii) of this section;

(iv) When the parameter is not

measured and recorded at the end of the

ECO; or

(v) When the alternative monitoring

parameter is outside the range

established under § 63.1439(f) for proper

operation of the ECO as a control

technique.

(i) Recordkeeping requirements. The

owner or operator shall maintain the

records specified in this paragraph.

(1) Records for each product class.

The owner or operator shall maintain

the records specified in paragraph (i)(1)

(i) and (ii) of this section for each

product class. The owner or operator

shall also maintain the records related

to the initial determination of the

percent epoxide emission reduction

specified in paragraph (i)(1) (iii) through

(x) of this section, as applicable, for

each product class.

(i) Operating conditions of the

product class, including

(A) Pressure decline curve

(B) Minimum reaction temperature

(C) Number of ¥OH groups in the

catalyst feed

(D) Minimum catalyst concentration

(E) The EO/PO ratio

(F) Reaction conditions, including the

size of the reactor or batch

(ii) A listing of all products in the

product class, along with the

information specified in paragraph

(i)(1)(i) (A) through (F) of this section for

each product.

(iii) The concentration of epoxide at

the end of the epoxide feed, determined

in accordance with paragraph (b)(1) of

this section.

(iv) The concentration of epoxide at

the end of onset of the ECO, determined

in accordance with paragraph (c) of this

section.

(v) The uncontrolled epoxide

emissions at the onset of the ECO,

determined in accordance with

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

records shall also include all the

background data, measurements, and

assumptions used to calculate the

uncontrolled epoxide emissions.
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46835

(vi) The epoxide emissions at the end

of the ECO, determined in accordance

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

The records shall also include all the

background data, measurements, and

assumptions used to calculate the

epoxide emissions.

(vii) The percent epoxide reduction

for the batch cycle, determined in

accordance with paragraph (e)(1) of this

section. The records shall also include

all the background data, measurements,

and assumptions used to calculate the

percent reduction.

(viii) The parameter level, established

in accordance with paragraph (h)(3) of

this section.

(ix) If a combustion, recovery, or

recapture device is used to reduce

emissions, the owner or operator shall

maintain the records specified in

§ 63.1430 (b) and (c).

(x) If epoxide emissions occur before

the end of the ECO, the owner or

operator shall maintain records of the

time and duration of all such emission

episodes that occur during the initial

demonstration of batch cycle efficiency.

(xi) If the conditions in paragraphs

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

are met, the owner or operator is not

required to maintain the records

specified in paragraphs (i)(1) (iii)

through (iv) of this section, but shall

maintain the records specified in

paragraphs (i)(1)(xi) (A), (B), and (C) of

this section.

(A) The reactor epoxide partial

pressure at the following times,

(1) at end of the epoxide feed,

determined in accordance with

paragraph (b)(2) of this section,

(2) at the onset of the ECO,

established in accordance with

paragraph (c)(2) of this section,

(3) at the end of the ECO, determined

in accordance with paragraph (d)(2) of

this section.

(B) The percent epoxide reduction for

the batch cycle, determined in

accordance with paragraph (e)(2) of this

section. The records shall also include

all the measurements and assumptions

used to calculate the percent reduction.

(C) The reactor epoxide partial

pressure at the end of the ECO.

(2) Continuous records. The owner or

operator shall maintain the records

specified in paragraphs (i)(2) (i) through

(iv) of this section.

(i) For each batch cycle, the product

being produced and the product class to

which it belongs.

(ii) For each batch cycle, the owner or

operator shall record the value of the

parameter monitored in accordance

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

(iii) If a combustion, recovery, or

recapture device is used in conjunction

with ECO, the owner or operator shall

record the information specified in

§ 63.1430(d) and comply with the

monitoring provisions in § 63.1429 of

this subpart.

(iv) If a combustion, recovery, or

recapture device is used to reduce

emissions, the owner or operator shall

maintain the records specified in

§ 63.1430(d) of this subpart.

(v) If epoxide emissions occur before

the end of the ECO, the owner or

operator shall maintain records of the

time and duration of all such emission

episodes.

(j) Reporting requirements. The owner

or operator shall comply with the

reporting requirements for this

paragraph.

(1) Precompliance report. The

information specified in paragraphs

(j)(1) (i) through (iii) of this section shall

be provided in the Precompliance

Report, as specified in § 63.1439(e)(4) of

this subpart.

(i) A request to define the onset of the

ECO in a manner different than

provided in paragraphs (c)(1) and (c)(2)

of this section, as provided for in

paragraph (c)(3) of this section.

(ii) A standard operating procedure

for obtaining the reactor liquid sample

and a method that will be used to

determine the epoxide concentration in

the liquid, in accordance with

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

(iii) A request to monitor a parameter

other than those specified in paragraph

(h)(1) (i), (ii), or (iii) of this section, as

provided for in paragraph (h)(1)(iv) of

this section.

(2) Notification of compliance status

report. The information specified in

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

section shall be provided in the

Notification of Compliance Status

report, as specified in § 63.1439(e)(5) of

this subpart.

(i) For each product class, the

information specified in paragraphs

(j)(2)(i) (A) through (C) of this section.

(A) The operating conditions of this

product class, as specified in paragraph

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

(B) A list of all products in the

product class.

(C) The percent epoxide emission

reduction, determined in accordance

with paragraph (e) of this section.

(ii) The parameter for each product

class, as determined in accordance with

paragraph (h)(2) of this section,

(iii) If a combustion, recovery, or

recapture device is used to reduce

emissions, the information specified in

§ 63.1430(g) of this subpart

(iv) If epoxide emissions occur before

the end of the ECO, a listing of the time

and duration of all such emission

episodes that occur during the initial

demonstration of batch cycle efficiency.

(3) Periodic reports. The information

specified in paragraphs (j)(3) (i) through

(iii) of this section shall be provided in

the periodic report, as specified in

§ 63.1439(e)(6) of this subpart.

(i) Reports of each batch cycle for

which an ECO excursion occurred, as

defined in paragraph (h)(3) of this

section.

(ii) Notification of each batch cycle

when the time and duration of epoxide

emissions before the end of the ECO,

recorded in accordance with paragraph

(i)(2)(iv) of this section, exceed the time

and duration of the emission episodes

during the initial epoxide emission

percentage reduction determination, as

recorded in paragraph (i)(1)(viii) of this

section.

(iii) If a combustion, recovery, or

recapture device is used to reduce

emissions, the information specified in

§ 63.1430(h) of this subpart.

(k) New polyether polyol products. If

an owner or operator wishes to utilize

extended cookout as a control option for

a polyether polyol product not

previously assigned to a product class

and reported to the Agency in

accordance with either paragraph

(j)(2)(i)(B), (k)(1)(ii), or (k)(2)(iii) of this

section, the owner or operator shall

comply with the provisions of

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

(1) If the operating conditions of the

new polyether polyol product are

consistent with the operating conditions

for an existing product class, the owner

or operator shall comply with the

requirements in paragraphs (k)(1)(i) and

(2) of this section.

(i) The owner or operator shall update

the list of products for the product class

required by paragraph (i)(1)(ii) of this

section, and shall record the

information in paragraphs (i)(1)(i) (A)

through (G) of this section for the new

product,

(ii) Within 180 days of the production

of the new polyether polyol product, the

owner or operator shall submit a report

updating the product list originally for

the product class. This information may

be submitted along with the next

Periodic Report.

(2) If the operating conditions of the

new polyether product do not conform

with the operating characteristics of an

existing product class, the owner or

operator shall establish a new product

class and shall comply with provisions

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

this section.

(i) The owner or operator shall

establish the batch cycle percent

epoxide emission reduction in

accordance with paragraphs (b) through

(g) of this section for the product class,
46836 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

(ii) The owner or operator shall

establish the records specified in

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

product class,

(iii) Within 180 days of the

production of the new polyether polyol

product, the owner or operator shall

submit a report containing the

information specified in paragraph

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

(l) Polyether polyol product changes.

If a change in operation, as defined in

paragraph (l)(1) of this section, occurs

for a polyether polyol product that has

been assigned to a product class and

reported to the Agency in accordance

with either paragraph (j)(2)(i)(B),

(k)(1)(ii), or (k)(2)(iii) of this section, the

owner or operator shall comply with the

provisions of paragraph (l) (2) through

(3) of this section.

(1) A change in operation for a

polyether polyol product is defined as a

change in any one of the parameters

listed in paragraph (l)(1) (i) through (ix)

of this section.

(i) A significant change in reaction

kinetics,

(ii) Use of a different oxide reactant,

(iii) Use of a different EO/PO ratio,

(iv) A lower reaction temperature,

(v) A lower catalyst feed on a mole/

mole fraction OH basis,

(vi) A shorter cookout,

(vii) A lower reactor pressure,

(viii) A different type of reaction (e.g.,

a self-catalyzed vs. catalyzed reaction),

or

(ix) A marked change in reaction

conditions (e.g., a markedly different

liquid level).

(2) If the operating conditions of the

product after the change in operation

remain within the operation conditions

of the product class to which the

product was assigned, the owner or

operator shall only update the records

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

through (G) of this section for the

product.

(3) If the operating conditions of the

product after the change in operation

are outside of the operating conditions

of the product class to which the

product was assigned, the owner or

operator shall comply with the

requirements in paragraph (g)(3) (i) or

(ii) of this section, as appropriate.

(i) If the new operating conditions of

the polyether polyol product are

consistent with the operating conditions

for another existing product class, the

owner or operator shall comply with the

requirements in paragraphs (l)(3)(i) (A)

and (B) of this section.

(A) The owner or operator shall

update the list of products for the

product class required by paragraph

(i)(1)(ii) of this section, and shall record

the new information in paragraphs

(i)(1)(i) (A) through (G) of this section

for the product.

(B) Within 180 days of the change in

operating conditions for the polyether

polyol product, the owner or operator

shall submit a report updating the

product list originally for the product

class. This information may be

submitted along with the next Periodic

Report.

(ii) If the new operating conditions of

the polyether product do not conform

with the operating characteristics of an

existing product class, the owner or

operator shall establish a new product

class and shall comply with provisions

of paragraphs (l)(3)(i) (A) through (C) of

this section.

(A) The owner or operator shall

establish the batch cycle percent

epoxide emission reduction in

accordance with (b) through (g) of this

section for the product class.

(B) The owner or operator shall

establish the records specified in

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

product class.

(C) Within 180 days of the change in

operating conditions for the polyether

polyol product, the owner or operator

shall submit a report containing the

information specified in paragraphs

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

§ 63.1428 Process vent requirements for

group determination of PMPUs using a

nonepoxide organic HAP to make or modify

the product.

(a) Process vents from batch unit

operations. The owner or operator shall

determine, for each PMPU located at an

affected source, the group status of the

combination of all process vents from

batch unit operations that are associated

with the use of nonepoxide organic HAP

to make or modify a polyether polyol

product. This group status shall be

determined in accordance with

paragraph (f) of this section using the

annual uncontrolled nonepoxide

organic HAP emissions determined in

accordance with paragraph (b) of this

section, the annual average flow rate

determined in accordance with

paragraph (d) of this section, and the

cutoff flow rate determined in

accordance with paragraph (e) of this

section.

(b) Determination of annual

nonepoxide organic HAP emissions. The

owner or operator shall determine, for

each PMPU, the total annual

nonepoxide organic HAP emissions

from the combination of all process

vents from batch unit operations that are

associated with the use of a nonepoxide

organic HAP to make or modify a

polyether polyol product in accordance

with paragraphs (b)(1) and (b)(2) of this

section.

(1) The annual nonepoxide organic

HAP emissions for each process vent

from a batch unit operation associated

with the use of a nonepoxide organic

HAP to make or modify a polyether

polyol product shall be determined

using the procedures in § 63.488(b) of

subpart U.

(2) The owner or operator shall sum

the annual nonepoxide organic HAP

emissions from all individual process

vents from batch unit operations in a

PMPU, determined in accordance with

paragraph (b)(1) of this section, to obtain

the total nonepoxide organic HAP

emissions from the combination of

process vents associated with the use of

a nonepoxide organic HAP to make or

modify a polyether polyol product, for

the PMPU.

(c) Minimum emission level

exemption. If the annual emissions of

TOC or nonepoxide organic HAP from

the combination of process vents from

batch unit operations that are associated

with the use of nonepoxide organic HAP

to make or modify a polyether polyol for

a PMPU are less than 11,800 kg/yr, the

combination is considered to be Group

2, and the owner or operator of that

PMPU shall comply with the

requirements in § 63.1425(c)(4). The

owner or operator of that PMPU is not

required to comply with the provisions

in paragraphs (d) through (f) of this

section.

(d) Determination of average flow rate

and annual average flow rate. The

owner or operator shall determine, for

each PMPU, the total annual average

flow rate for the combination of all

process vents from batch unit operations

that are associated with the use of a

nonepoxide organic HAP to make or

modify a polyether polyol product in

accordance with paragraphs (d)(1) and

(d)(2) of this section.

(1) The annual average flow rate for

each process vent from batch unit

operations that is associated with the

use of nonepoxide organic HAP to make

or modify a polyether polyol product

shall be determined using the

procedures in § 63.488(e) of subpart U.

(2) The owner or operator shall sum

the annual average flow rates from the

individual process vents from batch unit

operations in a PMPU, determined in

accordance with paragraph (d)(2) of this

section, to obtain the total annual

average flow rate for the combination of

process vents associated with the use of

a nonepoxide organic HAP to make or

modify a polyether polyol product, for

the PMPU.

(e) Determination of cutoff flow rate.

For each PMPU at an affected source
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46837

that uses nonepoxide organic HAP to

make or modify a polyether polyol

product, the owner or operator shall

calculate the cutoff flow rate using

Equation 12.

CFR = (0.00437)(AE)- 51.6

[Equation.12]

Where:

CFR = Cutoff flow rate, standard cubic

meters per minute (scmm).

AE = Annual TOC or nonepoxide

organic HAP emissions from the

combination of process vents from

batch unit operations that are

associated with the use of

nonepoxide organic HAP to make or

modify a polyether polyol product,

as determined in paragraph (b)(2) of

this section, kg/yr.

(f) Group 1/Group 2 status

determination. To determine the group

status of the combination of process

vents in a PMPU from batch unit

operations that are associated with the

use of nonepoxide organic HAP to make

or modify a polyether polyol product,

the owner or operator shall compare the

cutoff flow rate, calculated in

accordance with paragraph (e) of this

section, with the annual average flow

rate, determined in accordance with

paragraph (d)(2) of this section. The

group determination status shall be

made using the criteria specified in

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

section.

(1) If the cutoff flow rate is greater

than or equal to the annual average flow

rate of the streams, the combination of

process vents from batch unit operations

in a PMPU that are associated with the

use of nonepoxide organic HAP to make

or modify a polyether polyol is

classified as Group 1.

(2) If the cutoff flow rate is less than

the annual average flow rate of the

streams, the combination of process

vents from batch unit operations in a

PMPU that are associated with the use

of nonepoxide organic HAP to make or

modify a polyether polyol is classified

as Group 2.

(g) Process changes affecting Group 2

combinations of process vents in a

PMPU that are from batch unit

operations. Whenever process changes,

as described in paragraph (g)(1) of this

section, are made that affect a Group 2

combination of process vents from batch

unit operations in a PMPU that are

associated with the use of nonepoxide

organic HAP to make or modify a

polyether polyol and that could

reasonably be expected to change the

group status from Group 2 to Group 1,

the owner or operator shall comply with

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

section.

(1) Examples of process changes

include, but are not limited to, changes

in production capacity, production rate,

feedstock type, or catalyst type; or

whenever there is replacement, removal,

or modification of recovery equipment

considered part of the batch unit

operation. Any change that results in an

increase in the annual nonepoxide

organic HAP emissions from the

estimate used in the previous group

determination constitutes a process

change, for the purpose of these

provisions. 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.

(2) For each process affected by a

process change, the owner or operator

shall redetermine the group status by

repeating the procedures specified in

paragraphs (b) through (f) of this

section, as applicable. Alternatively,

engineering assessment, as described in

§ 63.488(b)(6)(i) of subpart U, may be

used to determine the effects of the

process change.

(3) Based on the results of paragraph

(g)(2) of this section, owners or

operators shall comply with either

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

(i) If the redetermination described in

paragraph (g)(2) of this section indicates

that the group status of the combination

of process vents from batch unit

operations in a PMPU that are

associated with the use of nonepoxide

organic HAP to make or modify a

polyether polyol changes from Group 2

to Group 1 as a result of the process

change, the owner or operator shall

submit a report as specified in

§ 63.1439(e)(6)(iii)(D)(1) and shall

comply with Group 1 provisions in this

subpart, as specified in § 63.1420(g)(3).

(ii) If the redetermination described in

paragraph (g)(2) of this section indicates

no change in group status, the owner or

operator is not required to submit a

report.

(h) Process Vents from Continuous

Unit Operations. (1) The owner or

operator shall determine the total

resource effectiveness (TRE) index value

for the combination of all process vents

from continuous unit operations in a

PMPU that are associated with the use

of nonepoxide organic HAP to make or

modify a polyether polyol product. To

determine the TRE index value, the

owner or operator shall conduct a TRE

determination and calculate the TRE

index value according to the procedures

in § 63.115 (d)(1) or (d)(2) of subpart G

and the TRE equation in § 63.115(d)(3)

of subpart G, with the following

exception. The procedures in

§ 63.115(d) of subpart G are to

determine the TRE index value for an

individual process vent. For the

purposes of this subpart, the TRE index

value shall be determined for the

combination of all process vents from

continuous unit operations in a PMPU

that are associated with the use of

nonepoxide organic HAP to make or

modify a polyether polyol product by

summing the values in the individual

process vent streams.

(2) The owner or operator of a group

of process vents from continuous unit

operations that is Group 2 shall

recalculate the TRE index value as

necessary to determine whether the

group of process vents is Group 1 or

Group 2, whenever process changes are

made that could reasonably be expected

to change the group of process vents to

Group 1. Examples of process changes

include, but are not limited to, changes

in production capacity, production rate,

feedstock type, or catalyst type, or

whenever there is replacement, removal,

or addition of recovery equipment. For

purposes of this paragraph, process

changes do not include: process upsets;

unintentional, temporary process

changes; and changes that are within the

range on which the original TRE

calculation was based.

(i) The TRE index value shall be

recalculated based on measurements of

process vent stream flow rate, TOC, and

nonepoxide organic HAP

concentrations, and heating values as

specified in § 63.115 (a), (b), (c), and (d)

of subpart G, as applicable, or on best

engineering assessment of the effects of

the change. Engineering assessments

shall meet the specifications in

§ 63.115(d)(1) of subpart G.

(ii) Where the recalculated TRE index

value is less than or equal to 1.0, or less

than or equal to 4.0 but greater than 1.0,

the owner or operator shall submit a

report as specified in § 63.1430(j) or (k)

and shall comply with the appropriate

provisions in § 63.1425 of this subpart

by the dates specified in § 63.1422 of

this subpart.

§ 63.1429 Process vent monitoring

requirements.

(a) Each owner or operator of a

process vent that uses a combustion,

recovery, or recapture device to comply

with the requirements in

§ 63.1425(b)(1), (b)(2), (c)(1), (c)(3), or

(d) of this subpart shall install

monitoring equipment specified in

paragraph (a)(1), (a)(2), (a)(3), (a)(4),

(a)(5), (a)(6), or (a)(7), of this section,

depending on the type of device used.
46838 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

Also, each owner or operator that uses

a recovery or recapture device to

comply with § 63.1425(c)(4) shall install

monitoring equipment specified in

paragraph (a)(4), (a)(5), (a)(6), or (a)(7) of

this section. All monitoring equipment

shall be installed, calibrated,

maintained, and operated according to

manufacturers specifications or other

written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

(1) Where an incinerator is used, a

temperature monitoring device

equipped with a continuous recorder is

required.

(i) Where an incinerator other than a

catalytic incinerator is used, a

temperature monitoring device shall be

installed in the firebox or in the

ductwork immediately downstream of

the firebox in a position before any

substantial heat exchange occurs.

(ii) Where a catalytic incinerator is

used, temperature monitoring devices

shall be installed in the gas stream

immediately before and after the

catalyst bed.

(2) Where a flare is used, the

following monitoring equipment is

required: A device (including but not

limited to a thermocouple, ultra-violet

beam sensor, or infrared sensor) capable

of continuously detecting the presence

of a pilot flame.

(3) Where a boiler or process heater of

less than 44 megawatts design heat

input capacity is used, the following

monitoring equipment is required: A

temperature monitoring device in the

firebox equipped with a continuous

recorder. Any boiler or process heater in

which all process vent streams are

introduced with primary fuel or are

used as the primary fuel is exempt from

this requirement.

(4) Where an absorber is used, a

scrubbing liquid temperature

monitoring device and a specific gravity

monitoring device are required, each

equipped with a continuous recorder.

(5) Where a condenser is used, a

condenser exit temperature (product

side) monitoring device equipped with

a continuous recorder is required.

(6) Where a carbon adsorber is used,

an integrating regeneration stream flow

monitoring device having an accuracy of

±10 percent or better, capable of

recording the total regeneration stream

mass or volumetric flow 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.

(7) As an alternate to paragraphs (b)(4)

through (b)(6) of this section, the owner

or operator may install an organic

monitoring device equipped with a

continuous recorder.

(b) An owner or operator of a process

vent may request approval to monitor

parameters other than those listed in

paragraph (a) of this section. The

request shall be submitted according to

the procedures specified in § 63.1430(j)

and § 63.1439(f). Approval shall be

requested if the owner or operator:

(1) Uses a combustion device other

than an incinerator, boiler, process

heater, or flare; or

(2) For the combination of all process

vents from continuous unit operations

that are associated with the use of

organic HAP to make or modify a

polyether polyol product, maintains a

TRE greater than 1.0 but less than or

equal to 4.0 without a recovery device

or with a recovery device other than the

recovery devices listed in paragraph (a)

of this section; or

(3) Uses one of the combustion,

recovery, or recapture devices listed in

paragraph (a) of this section, but seeks

to monitor a parameter other than those

specified in paragraph (a) of this

section.

(c) Monitoring of bypass lines. The

owner or operator of a process vent

using a process vent system that

contains bypass lines that could divert

a process vent stream away from the

combustion, recovery, or recapture

device used to comply with § 63.1425

(b), (c), or (d) shall comply with

paragraph (c)(1), (c)(2), or (c)(3) 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.

(1) Properly install, maintain, and

operate a flow indicator that takes a

reading at least once at approximately

equal intervals of about 15 minutes.

Records shall be generated as specified

in § 63.1430(d)(3). The flow indicator

shall be installed at the entrance to any

bypass line that could divert emissions

away from the combustion, recovery, or

recapture device and to the atmosphere;

(2) Secure the bypass line 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

valve is maintained in the non-diverting

position and emissions are not diverted

through the bypass line. Records shall

be generated as specified in

§ 63.1430(d)(4)(i); or

(3) Continuously monitor the bypass

line damper or valve position using

computer monitoring and record any

periods when the position of the bypass

line damper or valve has changed as

specified in § 63.1430(d)(4)(ii).

(d) Establishment of parameter

monitoring levels. Parameter monitoring

levels for process vents from continuous

or batch unit operations using

combustion, recovery, or recapture

devices to comply with § 63.1425 (b),

(c), or (d) shall be established as

specified in paragraphs (d)(1) through

(d)(3) of this section.

(1) For each parameter monitored

under paragraph (a) or (b) of this

section, the owner or operator shall

establish a level, defined as either a

maximum or minimum operating

parameter as denoted in Table 5 of this

subpart, that indicates that the

combustion, recovery, or recapture

device is operated in a manner to ensure

compliance with the provisions of this

subpart. The level shall be established

in accordance with the procedures

specified in § 63.1430(d). 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 § 63.1426, provided that the prior

performance test meets the conditions of

§ 63.1426(b)(3).

(2) The established level, along with

supporting documentation, shall be

submitted in the Notification of

Compliance Status or the operating

permit application as required in

§ 63.1439(e)(5) or § 63.1439(e)(8),

respectively.

(3) The operating day shall be defined

as part of establishing the parameter

monitoring level and shall be submitted

with the information in paragraph (d)(2)

of this section. The definition of

operating day shall specify the times at

which an operating day begins and

ends.

§ 63.1430 Process vent reporting and

recordkeeping requirements.

(a) This section contains process vent

reporting and recordkeeping

requirements. Paragraph (b) of this

section specifies records that shall be

kept to demonstrate compliance with

the process vent provisions of this

subpart, and paragraph (c) of this

section specifies records that shall be

kept regarding the establishment of

parameter monitoring levels. Paragraph

(d) specifies records that shall be kept

to demonstrate continuous compliance

with the process vent provisions of this

subpart. Paragraph (e) of this section

specifies records that shall be kept
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46839

related to the group determination for

process vents that are associated with

the use of organic HAP to make or

modify a polyether polyol product.

Paragraph (f) of this section specifies

records that shall be kept for

combinations of process vents from unit

operations that are associated with the

use of organic HAP to make or modify

a polyether polyol product. Paragraph

(g) of this section specifies reporting

requirements.

(b) Records to demonstrate

compliance. Each owner or operator

complying with § 63.1425 (b), (c), or (d)

shall keep the following records, as

applicable, up-to-date and readily

accessible:

(1) When using a flare to comply with

§ 63.1425 (b), (c), or (d):

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

(ii) All visible emission readings, heat

content determinations, flow rate

determinations, and exit velocity

determinations made during the

compliance determination required by

§ 63.11(b) of subpart A; and

(iii) All periods during the

compliance determination required by

§ 63.11(b) of subpart A when the pilot

flame is absent.

(2) The following information when

using a combustion, recovery, or

recapture device (other than a flare) to

achieve compliance with § 63.1425 (b),

(c), or (d):

(i) For a combustion, recovery, or

recapture device being used to comply

with a percent reduction requirement of

§ 63.1425 (b)(1)(i), (b)(2)(i), (c)(1), (c)(2),

or (d), or the annual epoxide emission

limitation in § 63.1425 (b)(1)(iii) or

(b)(2)(iii), the percent reduction of

organic HAP or TOC achieved, as

determined using the procedures

specified in § 63.1426 of this subpart;

(ii) For a combustion device being

used to comply with an outlet

concentration limitation of § 63.1425

(b)(1)(ii) or (b)(2)(ii), the concentration

of organic HAP or TOC outlet of the

combustion device, as determined using

the procedures specified in § 63.1426 of

this subpart;

(iii) For a boiler or process heater, a

description of the location at which the

process vent stream is introduced into

the boiler or process heater;

(iv) For a boiler or process heater with

a design heat input capacity of less than

44 megawatts and where the process

vent stream is introduced with

combustion air or is used as a secondary

fuel and is not mixed with the primary

fuel, the percent reduction of organic

HAP or TOC achieved, as determined

using the procedures specified in

§ 63.1426.

(c) Records related to the

establishment of parameter monitoring

levels. For each parameter monitored

according to § 63.1429(a) and Table 5 of

this subpart, or for alternate parameters

and/or parameters for alternate control

techniques monitored according to

§ 63.1439(f) as allowed under

§ 63.1429(b), maintain documentation

showing the establishment of the level

that indicates that the combustion,

recovery, or recapture device is operated

in a manner to ensure compliance with

the provisions of this subpart, as

required by § 63.1429(d) for parameters

specified in § 63.1429(a) and as required

by § 63.1439(f) for alternate parameters.

This documentation shall include the

parameter monitoring data used to

establish the level.

(d) Records to demonstrate

continuous compliance. Each owner or

operator that uses a combustion,

recovery, or recapture device to comply

with § 63.1425 (b), (c), or (d) shall keep

the following records readily accessible:

(1) Continuous records of the

equipment operating parameters

specified to be monitored under

§ 63.1429(a) as applicable, and listed in

Table 5 of this subpart, or specified by

the Administrator in accordance with

§ 63.1439(f) as allowed under

§ 63.1429(b). These records shall be kept

as specified under § 63.1438(b)(2),

except as specified in paragraphs

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

(i) For flares, the records specified in

Table 5 of this subpart shall be

maintained in place of continuous

records.

(ii) For carbon adsorbers used for

process vents from batch unit

operations, the records specified in

Table 5 of this subpart shall be

maintained in place of batch cycle daily

averages.

(2) Records of the daily average value

for process vents from continuous unit

operations or batch cycle daily average

value for process vents from batch unit

operations of each continuously

monitored parameter, except as

provided in paragraph (d)(2)(ii) of this

section.

(i) 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 daily averages. In

addition, monitoring data recorded

during periods of non-operation of the

process resulting in cessation of organic

HAP emissions shall not be included in

computing the batch cycle daily

averages.

(ii) If all recorded values for a

monitored parameter during an

operating day are above the minimum or

below the maximum level established in

accordance with § 63.1429(d), the owner

or operator may record that all values

were above the minimum or below the

maximum level established, rather than

calculating and recording a daily

average or batch cycle daily average for

that operating day.

(3) Hourly records of whether the flow

indicator for bypass lines specified

under § 63.1429(c)(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

process vent is diverted from the

combustion, recovery, or recapture

device, or the flow indicator specified in

§ 63.1429(c)(1) is not operating.

(4) Where a seal or closure

mechanism is used to comply with

§ 63.1429(c)(2) or where computer

monitoring of the position of the bypass

damper or valve is used to comply with

§ 63.1429(c)(3), hourly records of flow

are not required.

(i) For compliance with

§ 63.1429(c)(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 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) For compliance with

§ 63.1429(c)(3), the owner or operator

shall record the times of all periods

when the bypass line valve position has

changed.

(5) Records specifying the times and

duration of periods of monitoring

system breakdowns, repairs, calibration

checks, and zero (low-level) and high

level adjustments. In addition, records

specifying any other periods of process

or combustion, recovery, or recapture

device operation when monitors are not

operating.

(e) Records related to the group

determination for process vents that are

associated with the use of organic HAP

to make or modify a polyether polyol

product—(1) Process vents from batch

unit operations. Except as provided in

paragraphs (e)(1)(vi) and (e)(1)(vii) of

this section, each owner or operator of

an affected source shall maintain the

records specified in paragraphs (e)(1)(i)

through (e)(1)(v) of this section for each

PMPU that uses organic HAP to make or

modify a polyether polyol product in

batch unit operations. The records

required to be maintained by this

paragraph are limited to the information

developed and used to make the group
46840 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

determination under § 63.1428 (a)

through (f), as appropriate. If an owner

or operator did not need to develop

certain information (e.g., annual average

flow rate) to determine the group status,

this paragraph does not require that

additional information be developed.

(i) A description of, and an emission

estimate for, each batch emission

episode, and the total emissions

associated with one batch cycle for each

unique product class made in the

PMPU.

(ii) Total annual uncontrolled TOC or

nonepoxide organic HAP emissions

from the combination of process vents

from batch unit operations associated

with the use of nonepoxide organic HAP

to make or modify a polyether polyol

product, as determined in accordance

with § 63.1428(b).

(iii) The annual average flow rate for

the combination of process vents from

batch unit operations associated with

the use of organic HAP to make or

modify a polyether polyol product, as

determined in accordance with

§ 63.1428(d).

(iv) The cutoff flow rate, determined

in accordance with § 63.1428(e).

(v) The results of the PMPU group

determination, conducted in accordance

with § 63.1428(f).

(vi) If the combination of all process

vents from batch unit operations

associated with the use of an organic

HAP to make or modify a polyether

polyol product process vent is in

compliance with § 63.1425(c)(1), and

the combustion, recovery, or recapture

device is operating at all times, none of

the records in paragraphs (b)(1)(i)

through (b)(1)(v) of this section are

required.

(vii) If the total annual emissions from

the combination of process vents from

batch unit operations associated with

the use of an organic HAP to make or

modify a polyether polyol product are

less than the level specified in

§ 63.1428(c), only the records in

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

section are required.

(2)Process vents from continuous unit

operations. Each owner or operator of

an affected source that uses organic

HAP to make or modify a polyether

polyol product in continuous unit

operations shall keep records regarding

the measurements and calculations

performed to determine the TRE index

value of the combined process vent

stream. Owners or operators of

combined streams that are in

compliance with the Group 1

requirements of § 63.1425(c)(3) are not

required to keep these records.

(f) Records for Group 2 process vents

that are associated with the use of

organic HAP to make or modify a

polyether polyol product. The following

records shall be maintained for PMPUs

where the combination of all process

vents that are associated with the use of

organic HAP to make or modify a

polyether polyol product are classified

as Group 2. Paragraph (f)(1) of this

section contains requirements for

process vents from batch unit

operations, and paragraph (f)(2) of this

section contains requirements for

process vents from continuous unit

operations.

(1) Process vents from batch unit

operations. Owners or operators shall

maintain records of the combined total

annual organic HAP emissions from

process vents associated with the use of

organic HAP to make or modify a

polyether polyol product for each PMPU

where the combination of these process

vents is classified as Group 2.

(2) Process vents from continuous unit

operations. Each owner or operator

using a recovery device or other means

to achieve and maintain a TRE index

value greater than 1.0 but less than 4.0

as specified in § 63.113(a)(3) or

§ 63.113(d) of subpart G shall keep the

following records readily accessible:

(i) Continuous records of the

equipment operating parameters

specified to be monitored under

§ 63.114(b) of subpart G and listed in

table 5 of this subpart or specified by

the Administrator in accordance with

§ 63.114(c) and § 63.117(e) of subpart G;

and

(ii) Records of the daily average value

of each continuously monitored

parameter for each operating day

determined according to the procedures

specified in § 63.152(f) of subpart G. If

carbon adsorber regeneration stream

flow and carbon bed regeneration

temperature are monitored, the records

specified in table 5 of this subpart shall

be kept instead of the daily averages.

(3) Each owner or operator subject to

the provisions of this subpart and who

elects to demonstrate compliance with

the TRE index value greater than 4.0

under § 63.113(e) or greater than 1.0

under § 63.113(a)(3) or § 63.113(d) of

subpart G shall keep readily accessible

records of:

(i) Any process changes as defined in

§ 63.115(e) of subpart G; and

(ii) Any recalculation of the TRE

index value pursuant to § 63.115(e) of

subpart G.

(4) Each owner or operator who elects

to comply by maintaining a flow rate

less than 0.005 standard cubic meter per

minute under § 63.113(f) of subpart G,

shall keep readily accessible records of:

(i) Any process changes as defined in

§ 63.115(e) of subpart G that increase the

process vent stream flow rate,

(ii) Any recalculation or measurement

of the flow rate pursuant to § 63.115(e)

of subpart G, and

(iii) If the flow rate increases to 0.005

standard cubic meter per minute or

greater as a result of the process change,

the TRE determination performed

according to the procedures of

§ 63.115(d) of subpart G.

(5) Each owner or operator who elects

to comply by maintaining an organic

HAP concentration less than 50 parts

per million by volume organic HAP

concentration under § 63.113(g) of

subpart G shall keep up-to-date, readily

accessible records of:

(i) Any process changes as defined in

§ 63.115(e) of subpart G that increase the

organic HAP concentration of the

process vent stream,

(ii) Any recalculation or measurement

of the concentration pursuant to

§ 63.115(e) of subpart G, and

(iii) If the organic HAP concentration

increases to 50 parts per million by

volume or greater as a result of the

process change, the TRE determination

performed according to the procedures

of § 63.115(d) of subpart G.

(g) Reporting requirements. The

owner or operator of an affected source

shall submit the information specified

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

section, as appropriate, as part of the

Notification of Compliance Status

specified in § 63.1439(e)(5).

(1) For each owner or operator

complying with § 63.1425(b), (c)(1), or

(c)(3), the information specified in

paragraph (b) of this section related to

the compliance demonstration, and the

information specified in paragraph (c) of

this section related to the establishment

of parameter monitoring levels,

(2) For each PMPU where the

combination of process vents from batch

unit operations that are associated with

the use of organic HAP to make or

modify the product is Group 2, the

information related to the group

determination specified in paragraph

(e)(1) of this section.

(3) For each PMPU where the

combination of process vents from

continuous unit operations that are

associated with the use of organic HAP

to make or modify a polyether polyol

product is Group 2, the information

related to the group determination

specified in paragraph (e)(2) of this

section.

(h) The owner or operator of an

affected source shall submit Periodic

Reports of the recorded information

specified in paragraphs (h)(1) through

(h)(6) of this section, as appropriate,
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46841

according to the schedule in

§ 63.1439(e)(6).

(1) Reports of daily average values of

monitored parameters for all operating

days when the daily average values

recorded under paragraph (d)(2) of this

section were above the maximum, or

below the minimum, level established

in the Notification of Compliance Status

or operating permit.

(2) Reports of the duration of periods

when monitoring data is not collected

for each excursion caused by

insufficient monitoring data as defined

in § 63.1438(f)(4).

(3) Reports of the times and durations

of all periods recorded under paragraph

(d)(3) of this section when the process

vent stream is diverted from the

combustion, recovery, or recapture

device through a bypass line.

(4) Reports of all periods recorded

under paragraph (d)(4) of this section in

which the seal mechanism is broken,

the bypass line valve position has

changed, or the key to unlock the bypass

line valve was checked out.

(5) Reports of the times and durations

of all periods recorded under paragraph

(d)(1)(i) of this section in which all pilot

flames of a flare were absent.

(6) Reports of all carbon bed

regeneration cycles during which the

parameters recorded under paragraph

(d)(1)(ii) of this section were above the

maximum, or below the minimum,

levels established in the Notification of

Compliance Status or operating permit.

(i) Whenever a process change, as

defined in § 63.1420(g)(4), is made that

causes a Group 2 combination of

process vents from batch unit operations

at a PMPU that are associated with the

use of organic HAP to make or modify

a polyether polyol product to become

Group 1, 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 or in a separate

submittal to the Administrator, as

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

The following information shall be

submitted:

(1) A description of the process

change; and

(2) A schedule for compliance with

the provisions of § 63.1425(c)(1), as

appropriate, as required under

§ 63.1439(e)(6)(iii)(D)(1)(i).

(j) Whenever a process change, as

defined in § 63.1420(g)(4), is made that

causes a Group 2 combination of

process vents from batch unit operations

at a PMPU that are associated with the

use of nonepoxide organic HAP to make

or modify a polyether polyol product

with a TRE greater than 4.0 to become

Group 2 with a TRE less than 4.0, the

owner or operator shall submit a report

within 180 calendar days after the

process change. The report may be

submitted as part of the next periodic

report. The report shall include:

(1) A description of the process

change;

(2) The results of the recalculation of

the TRE index value required under

§ 63.1428(h)(2) of this subpart, and

recorded under paragraph (f)(3) of this

section; and

(3) A statement that the owner or

operator will comply with the

requirements specified in § 63.1429 of

this subpart.

(k) If an owner or operator uses a

combustion, recovery, or recapture

device other than those specified in

§ 63.1429(a) and listed in Table 5 of this

subpart or requests approval to monitor

a parameter other than those specified

in § 63.1429(a) (1) through (7) and listed

in Table 5 of this subpart, the owner or

operator shall submit a description of

planned reporting and recordkeeping

procedures, as specified in

§ 63.1439(f)(3), as part of the

Precompliance Report as required under

§ 63.1439(e)(6), or to the Administrator

as a separate submittal. The

Administrator will specify appropriate

reporting and recordkeeping

requirements as part of the review of the

Precompliance Report.

§ 63.1431 Emission factor plan

requirements.

(a) An owner or operator electing to

comply with an annual epoxide

emission factor limitation in § 63.1425

(b)(1)(iii) or (b)(2)(iii) shall develop and

implement an epoxides emission factor

plan in accordance with the provisions

of this section. Paragraph (b) of this

section describes the requirements for

the plan. Paragraphs (c) and (d) of this

section describe the procedures to verify

and monitor that the plan is being

followed, respectively, and paragraph

(e) of this section provides

recordkeeping and reporting

requirements associated with the plan.

Paragraph (f) of this section describes

the requirements for facilities

complying with an emission factor

limitation without ECO or add-on

control.

(b) Emission factor plan requirements.

The owner or operator shall develop an

epoxides emission factor plan.

(1) If epoxide emissions are

maintained below the epoxide emission

factor limitation through the use of a

combustion, recovery, or recapture

device, the owner or operator shall

develop and implement the plan in

accordance with paragraph (c) of this

section.

(2) If epoxide emissions are

maintained below the epoxide emission

factor limitation through the use of

extended cookout, the owner or operator

shall develop and implement the plan

in accordance with paragraph (d) of this

section.

(3) If epoxide emissions are

maintained below the epoxide emission

factor limitation through the use of

extended cookout in conjunction with a

combustion, recovery, or recapture

device, the owner or operator shall

develop and implement the plan in

accordance with paragraph (e) of this

section.

(c) Compliance with epoxide emission

factor limitation using a combustion,

recovery, or recapture device. (1) The

owner or operator shall notify the

Agency of the intent to use a

combustion, recovery, or recapture

device to comply with the epoxide

emission factor limitation in § 63.1425

(b)(1)(iii) or (b)(2)(iii). The owner or

operator shall prepare an estimate of the

annual epoxide emissions and the

actual production rate in accordance

with paragraphs (c)(1) (i) through (iv) of

this section. This notification and

emission estimate shall be submitted in

the precompliance report as specified in

§ 63.1439(e)(4), or the permit

application.

(i) Annual uncontrolled epoxide

emissions. These emission estimates

shall be determined in accordance with

the procedures in § 63.488(b) of subpart

U and shall be based on anticipated

production.

(ii) A description of the combustion,

recovery, or recapture device, along

with the expected percent efficiency.

(iii) Annual emissions after the

combustion, recovery, or recapture

device. The expected annual emissions

after control shall be determined using

equation 13.

AEcontrol = (AEuncontrolled × (100%¥R)

[Equation 13]

Where:

AEcontrol = Annual epoxide emissions

after control, KG/yr

AEuncontrolled = Annual uncontrolled

epoxide emissions, determined in

accordance with paragraph (c)(1)(i)

of this section, kg/yr

R = Expected control efficiency of the

combustion, recovery, or recapture

device, percent

(iv) Actual annual production rate.

The actual annual production rate

means the annual mass of polyether

polyol product produced from the

applicable PMPU. This production rate
46842 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

shall be for the same annual time period

as the annual emission estimate as

calculated in accordance with paragraph

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

(2) The owner or operator shall

conduct a performance test in

accordance with § 63.1426 to determine

the epoxide control efficiency of the

combustion, recovery, or recapture

device. The owner or operator shall then

recalculate the annual epoxide

emissions after control using Equation

13, except that the control efficiency, R,

shall be the measured control efficiency.

This information shall be submitted as

part of the Notification of Compliance

status report, as provided in

§ 63.1439(e)(5) of this subpart.

(3) The owner or operator shall

comply with the monitoring provisions

in § 63.1429 of this subpart.

(4) The owner or operator shall

comply with the recordkeeping

requirements in paragraphs § 63.1430

(b) through (d), and the reporting

requirements in § 63.1430 (g)(1) and (h).

(d) Compliance with epoxide emission

factor limitation using extended

cookout. (1) The owner or operator shall

notify the Agency of the intent to use

extended cookout to comply with the

epoxide emission factor limitation in

§ 63.1425 (b)(1)(iii) or (b)(2)(iii). The

owner or operator shall prepare an

estimate of the annual epoxide

emissions after the extended cookout.

This notification and emission estimate

shall be submitted in the precompliance

report as specified in § 63.1439(e)(4), or

the permit application.

(2) The owner or operator shall

determine the annual epoxide emissions

in accordance with § 63.1427(d) of this

subpart, based on anticipated

production. This information shall be

submitted as part of the Notification of

Compliance status report, as provided in

§ 63.1439(e)(5) of this subpart.

(3) The owner or operator shall

comply with the monitoring provisions

in § 63.1427(h) of this subpart.

(4) The owner or operator shall

comply with the recordkeeping and

reporting requirements in § 63.1430 of

this subpart.

(e) Compliance with epoxide emission

factor limitation through the use of

extended cookout in conjunction with a

combustion, recovery, or recapture

device. (1) The owner or operator shall

notify the Agency of the intent to use

extended cookout in conjunction with a

combustion, recovery, or recapture

device to comply with the annual

epoxide emission limitation in

§ 63.1425 (b)(1)(iii) or (b)(2)(iii). The

owner or operator shall prepare an

estimate of the annual epoxide

emissions after control. This notification

and emission estimate shall be

submitted in the precompliance report

as specified in § 63.1425(f)(4), or the

permit application.

(2) The owner or operator shall

determine the annual epoxide emissions

after control. This information shall be

submitted as part of the Notification of

Compliance status report, as provided in

§ 63.1425(e)(5) of this subpart.

(3) The owner or operator shall

comply with the monitoring provisions

in § 63.1427(h).

(4) The owner or operator shall

comply with the recordkeeping and

reporting requirements in § 63.1427 (i)

and (j) of this subpart.

(f) Compliance with epoxide emission

factor limitation without using extended

cookout or a combustion, recovery, or

recapture device. (1) The owner or

operator shall notify the Agency of the

intent to comply with the epoxide

emission factor limitation in § 63.1425

(b)(1)(iii) or (b)(2)(iii) without the use

extended cookout or a combustion,

recovery, or recapture device. The

owner or operator shall prepare an

estimate of the annual epoxide

emissions control. This notification and

emission estimate shall be submitted in

the precompliance report as specified in

§ 63.1439(e)(4), or the permit

application.

(g) Each year after the compliance

date, the owner or operator shall

calculate the epoxides emission factor

for the previous year. This information

shall be submitted in the second

Periodic Report submitted each year, as

specified in § 63.1439(e)(6).

§ 63.1432 Storage vessel provisions.

(a) For each storage vessel located at

an affected source, the owner or

operator shall comply with the

requirements of §§ 63.119 through

63.123 and § 63.148 of subpart G, with

the differences noted in paragraphs (b)

through (p) of this section, for the

purposes of this subpart.

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

used in §§ 63.119 through 63.123 of

subpart G, the definition of this term in

§ 63.1423 shall apply for the purposes of

this subpart.

(c) When the term ‘‘Group 1 storage

vessel’’ is used in §§ 63.119 through

63.123 of subpart G, the definition of

this term in § 63.1423 shall apply for the

purposes of this subpart.

(d) When the term ‘‘Group 2 storage

vessel’’ is used in §§ 63.119 through

63.123 of subpart G, the definition of

this term in § 63.1423 shall apply for the

purposes of this subpart.

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

proposal date for subpart G of this part)

is referred to in § 63.119 of subpart G,

it shall be replaced with September 4,

1997 (i.e., the proposal date for this

subpart) for the purposes of this subpart.

(f) When April 22, 1994 (i.e., the

publication date for subpart G of this

part) is referred to in § 63.119 of subpart

G, it shall be replaced with [date of

publication of final rule] (i.e., the

promulgation date for this subpart) for

the purposes of this subpart.

(g) Each owner or operator shall

comply with this paragraph instead of

§ 63.120(d)(1)(ii) of subpart G for the

purposes of this subpart. If the

combustion, recovery, or recapture

device used to comply with § 63.119(e)

is also used to comply with §§ 63.1425

through § 63.1433, the performance test

required for §§ 63.1425 through

§ 63.1433 is acceptable for

demonstrating compliance with

§ 63.119(e) of subpart G, for the

purposes of this subpart. The owner or

operator will not be required to prepare

a design evaluation for the combustion,

recovery, or recapture device as

described in § 63.120(d)(1)(i) of subpart

G, if the performance test meets the

criteria specified in paragraphs (g)(1)

and (g)(2) of this section.

(1) The performance test demonstrates

that the combustion, recovery, or

recapture device achieves greater than

or equal to the required control

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

§ 63.119(e)(2) of subpart G, as

applicable; and

(2) The performance test is submitted

as part of the Notification of Compliance

Status required by § 63.1439(e)(5).

(h) When the term ‘‘operating range’’

is used in § 63.120(d)(3)(i) of subpart G,

it shall be replaced with the term

‘‘level,’’ for the purposes of this subpart.

(i) For purposes of this subpart, the

monitoring plan required by

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

combustion, recovery, or recapture

devices the owner or operator has

selected to follow the procedures for

continuous monitoring specified in

§ 63.1438. For those combustion,

recovery, or recapture devices for which

the owner or operator has selected not

to follow the procedures for continuous

monitoring specified in § 63.1438, the

monitoring plan shall include a

description of the parameter or

parameters to be monitored to ensure

that the combustion, recovery, or

recapture 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).
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46843

(j) For purposes of this subpart, the

monitoring plan required by § 63.122(b)

shall be included in the Notification of

Compliance Status required by

§ 63.1439(e)(5).

(k) When the Notification of

Compliance Status requirements

contained in § 63.152(b) of subpart G are

referred to in §§ 63.120, 63.122, and

63.123 of subpart G, the Notification of

Compliance Status requirements

contained in § 63.1439(e)(5) shall apply

for the purposes of this subpart.

(l) When the Periodic Report

requirements contained in § 63.152(c) of

subpart G are referred to in §§ 63.120,

63.122, and 63.123 of subpart G, the

Periodic Report requirements contained

in § 63.1439(e)(6) shall apply for the

purposes of this subpart.

(m) When other reports as required in

§ 63.152(d) of subpart G are referred to

in § 63.122 of subpart G, the reporting

requirements contained in

§ 63.1439(e)(7) shall apply for the

purposes of this subpart.

(n) When the Initial Notification

requirements contained in § 63.151(b) of

subpart G are referred to in § 63.119

through § 63.123 of subpart G, the

owner or operator shall comply with the

Initial Notification requirements

contained in § 63.1439(e)(3), for the

purposes of this subpart.

(o) When the determination of

equivalence criteria in § 63.102(b) of

subpart F are referred to in § 63.121(a)

of subpart G, the provisions in § 63.6(g)

of subpart A shall apply for the

purposes of this subpart.

(p) The compliance date for storage

vessels at affected sources subject to the

provisions of this section is specified in

§ 63.1422.

§ 63.1433 Wastewater provisions.

(a) For each process wastewater

stream originating at an affected source,

the owner or operator shall comply with

the requirements of §§ 63.132 through

63.149 of subpart G, with the differences

noted in paragraphs (a)(1) through

(a)(19) and (b) and (c) of this section, for

the purposes of this subpart.

(1) Owners and operators of affected

sources are not required to comply with

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

§ 63.132(d) of subpart G, for the

purposes of this subpart. All new

affected sources, as defined in this

subpart, shall comply with the

requirements for existing sources in

§§ 63.132 through 63.149 of subpart G.

(2) When §§ 63.132 through 63.149 of

subpart G refer to table 9 or table 36 of

subpart G, the owner or operator shall

only consider organic HAP listed in

table 9 or table 36 of subpart G that are

also listed on table 5 of this subpart, for

the purposes of this subpart. Owners

and operators are exempt from all

requirements in §§ 63.132 through

63.149 of subpart G that pertain solely

and exclusively to organic HAP listed

on table 8 of subpart G. In addition,

when §§ 63.132 through 63.149 of

subpart G refer to List 1, List 2, and/or

List 3, as listed in table 36 of subpart G,

the owner or operator shall only

consider organic HAP contained in

those lists that are also listed on table

5 of this subpart, for the purposes of this

subpart.

(3) When the determination of

equivalence criteria in § 63.102(b) of

subpart F is referred to in §§ 63.132,

63.133, and 63.137 of subpart G, the

provisions in § 63.6(g) of subpart A shall

apply for the purposes of this subpart.

(4) When the storage tank

requirements contained in §§ 63.119

through 63.123 of subpart G are referred

to in §§ 63.132 through 63.148 of

subpart G, §§ 63.119 through 63.123 of

subpart G are applicable, with the

exception of the differences referred to

in § 63.1432, for the purposes of this

subpart.

(5) When § 63.146(a) of subpart G

requires the submission of a request for

approval to monitor alternative

parameters according to the procedures

specified in § 63.151(g) or § 63.152(e),

owners or operators requesting to

monitor alternative parameters shall

follow the procedures specified in

§ 63.1439(f), for the purposes of this

subpart.

(6) When § 63.147(d) of subpart G

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) of subpart G, owners and

operators shall instead keep records of

the daily average value of each

continuously monitored parameter as

specified in § 63.1439(d), for the

purposes of this subpart.

(7) When §§ 63.132 through 63.149 of

subpart G refer to an ‘‘existing source,’’

the term ‘‘existing affected source,’’ as

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

for the purposes of this subpart.

(8) When §§ 63.132 through 63.149 of

subpart G refer to a ‘‘new source,’’ the

term ‘‘new affected source,’’ as defined

in § 63.1420(a)(4) shall apply, for the

purposes of this subpart.

(9) When § 63.132 (a) and (b) of

subpart G refer to the ‘‘applicable dates

specified in § 63.100 of subpart F of this

part,’’ the compliance dates specified in

§ 63.1422 shall apply, for the purposes

of this subpart.

(10) Whenever §§ 63.132 through

63.149 of subpart G refer to a Group 1

wastewater stream or a Group 2

wastewater stream, the definitions of

these terms contained in § 63.1423 shall

apply, for the purposes of this subpart.

(11) When § 63.149(d) of subpart G

refers to ‘‘§ 63.100(f) of subpart F’’, the

owner or operator shall substitute the

phrase ‘‘§ 63.1420(c)’’, 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 owner or

operator of the affected source shall

substitute ‘‘and the item of equipment is

not otherwise exempt from controls by

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

PPP of this part,’’ 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 owner or

operator of an affected source shall

substitute ‘‘a new affected source as

described in § 63.1420(a)(4),’’ for the

purposes of this subpart.

(13) When the Notification of

Compliance Status requirements

contained in § 63.152(b) of subpart G are

referred to in §§ 63.138 and 63.146 of

subpart G, the Notification of

Compliance Status requirements

contained in § 63.1439(e)(5) shall apply

for the purposes of this subpart. In

addition, when §§ 63.138 and 63.146 of

subpart G require that information be

reported according to § 63.152(b) of

subpart G 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

§ 63.1439(e)(5), for the purposes of this

subpart.

(14) When the Periodic Report

requirements contained in § 63.152(c) of

subpart G are referred to in § 63.146 of

subpart G, the Periodic Report

requirements contained in

§ 63.1439(e)(6) shall apply for the

purposes of this subpart. In addition,

when § 63.146 of subpart G requires that

information be reported in the Periodic

Reports required in § 63.152(c) of

subpart G, owners or operators of

affected sources shall report the

specified information in the Periodic

Reports required in § 63.1439(e)(6), for

the purposes of this subpart.

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

§§ 63.132 through 63.149 of subpart G,

the term ‘‘level’’ shall be used instead,

for the purposes of this subpart. This

level shall be determined using the

procedures specified in § 63.1438.

(16) When § 63.143(f) of subpart G

specifies that owners or operators shall

establish the range that indicates proper
46844 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

operation of the treatment process or

control technique, the owner or operator

shall instead comply with the

requirements of § 63.1438 (b)(1), (c), or

(d) for establishing parameter level

maximums/minimums, for the purposes

of this subpart.

(17) 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 § 63.1439(e)(5)(ii), for the

purposes of this subpart.

(18) For the purposes of this subpart,

owners or operators are not required to

comply with the provisions of

§ 63.138(g) of subpart G.

(19) When the provisions of

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

§ 63.145(i)(2) of subpart G 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 (a)(19)(i) and (a)(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.

(b) The owner or operator of each

affected source shall comply with the

requirements for maintenance

wastewater in § 63.105 of subpart F,

except that when § 63.105(a) refers to

‘‘organic HAPs,’’ the definition of

organic HAP in § 63.1423 shall apply for

the purposes of this subpart.

(c) The compliance date for the

affected source subject to the provisions

of this section is specified in § 63.1422.

§ 63.1434 Equipment leak provisions.

(a) The owner or operator of each

affected source shall comply with the

requirements of subpart H of this part

for all equipment in organic HAP

service, except as specified in

paragraphs (b) through (g) of this

section.

(b) The compliance date for the

equipment leak provisions in this

section is provided in § 63.1422(d).

(c) Affected sources subject to subpart

I of this part shall continue to comply

with subpart I until the compliance date

specified in § 63.1422. After the

compliance date for this section, the

source shall be subject to this subpart

and shall no longer be subject to

subpart I.

(d) When the Initial Notification

requirements contained in § 63.182(a)(1)

and § 63.182(b) of subpart H are referred

to in subpart H, the owner or operator

shall comply with the Initial

Notification requirements contained in

§ 63.1439(e)(3), for the purposes of this

subpart.

(e) The Notification of Compliance

Status required by § 63.182(a)(2) and

§ 63.182(c) of subpart H shall be

submitted within 150 days (rather than

90 days) of the applicable compliance

date specified in § 63.1422 for the

equipment leak provisions. The

notification can be submitted as part of

the Notification of Compliance Status

required by § 63.1439(e)(5).

(f) The Periodic Reports required by

§ 63.182(a)(3) and § 63.182(d) of subpart

H shall be submitted as part of the

Periodic Reports required by

§ 63.1439(e)(6).

(g) 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 PMPU within the affected

source for all purposes under subpart H,

providing there is no delay in achieving

the applicable compliance date.

§ 63.1435 Heat exchanger provisions.

(a) The owner or operator of each

affected source shall comply with the

requirements of § 63.104 of subpart F for

heat exchange systems, with the

exceptions noted in paragraphs (b)

through (d) of this section.

(b) When the term ‘‘chemical

manufacturing process unit’’ is used in

§ 63.104 of subpart F, the term

‘‘polyether polyols manufacturing

process unit’’ shall apply for the

purposes of this subpart. Further, 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 units meeting the

condition specified in § 63.100(c) of this

subpart’’ is used in § 63.104(a) of

subpart F, the term ‘‘polyether polyols

manufacturing process unit’’ shall apply

for the purposes of this subpart.

(c) When § 63.104(c)(3) and

§ 63.104(f)(1) specify that the

monitoring plan and records required by

§ 63.104 (f)(1)(i) through (f)(1)(iv) shall

be kept as specified in § 63.103(c), the

provisions of § 63.1439(a) and the

applicable provisions of subpart A of

this part, as specified in Table 1 of this

subpart, shall apply for the purposes of

this subpart.

(d) When § 63.104(f)(2) of subpart F

requires information to be reported in

the Periodic Reports required by

§ 63.152(c) of subpart G, the owner or

operator should instead report the

information specified in § 63.104(f)(2) of

subpart F in the Periodic Reports

required by § 63.1439(e)(6), for the

purposes of this subpart.

§ 63.1436 Reserved

§ 63.1437 Additional test methods and

procedures.

(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) of subpart A, with the

exceptions specified in paragraphs (a)(1)

through (a)(4) of this section and the

additions specified in paragraph (b) of

this section. Sections 63.1432 through

63.1433 also contain specific testing

requirements.

(1) Performance tests shall be

conducted according to the provisions

of § 63.7(e) of subpart A, except that

performance tests shall be conducted

during worst case operating conditions

for the process.

(2) References in § 63.7(g) of subpart

A to the Notification of Compliance

Status requirements in § 63.9(h) shall

refer to the requirements in

§ 63.1439(e)(5), for the purposes of this

subpart.

(3) Because the site-specific test plans

in § 63.7(c)(3) of subpart A 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.

(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.

§ 63.1438 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
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46845

maximum or minimum level for each

measured parameter. If a performance

test is required by this subpart for a

control, recovery, or recapture 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, recovery, or recapture 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 value of

monitored parameters remain above the

minimum established level or below the

maximum established level.

(2) As specified in § 63.1439(e)(6), 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. Once approved, this

information shall be incorporated into

the affected source’s Notification of

Compliance Status or operating permit.

(3) Nothing in this section shall be

construed to allow a monitoring

parameter excursion caused by an

activity that violates other applicable

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

this part.

(b) Establishment of parameter

monitoring levels based on performance

tests. The procedures specified in

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

section shall be used, as applicable, in

establishing parameter monitoring

levels. Level(s) established under this

paragraph shall be based on the

parameter values measured during the

performance test.

(1) Storage tanks and wastewater. The

maximum and/or minimum monitoring

levels shall be based on the parameter

values measured during the

performance test, supplemented, if

desired, by engineering assessments

and/or manufacturer’s

recommendations.

(2) Process vents from continuous unit

operations. During initial compliance

testing, the appropriate parameter shall

be continuously monitored during the

required 1-hour runs for process vents

from continuous unit operations. The

monitoring level(s) shall then be

established as the average of the

maximum (or minimum) point values

from the three one-hour 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) Process vents from batch unit

operations. For process vents from batch

unit operations, during initial

compliance testing, the appropriate

parameter shall be monitored

continuously during the entire test

period. The monitoring level(s) are

those established during the compliance

test.

(c) Establishment of parameter

monitoring levels based on performance

tests, engineering assessments, and/or

manufacturer’s recommendations.

Parameter monitoring levels established

under this paragraph shall be based on

the parameter values measured during

the performance test supplemented by

engineering assessments and

manufacturer’s recommendations.

Performance testing is not required to be

conducted over the entire range of

expected parameter values. The

information specified in paragraphs

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

provided in the Notification of

Compliance Status.

(1) The specific level of the monitored

parameter(s) for each emission point.

(2) The rationale for the specific level

for each parameter for each emission

point, including any data and

calculations used to develop the level

and a description of why the level

indicates proper operation of the control

or recovery device.

(d) Establishment of parameter

monitoring based on engineering

assessments and/or manufacturer’s

recommendations. If a performance test

is not required by this subpart for a

control or recovery device, the

maximum or minimum level may be

based solely on engineering assessments

and/or manufacturer’s

recommendations. As required in

paragraph (a)(2) of this section, the

determined level and all supporting

documentation shall be provided in the

Notification of Compliance Status.

(e) Compliance determinations. The

provisions of this paragraph apply only

to emission points and control or

recovery devices for which continuous

monitoring is required under this

subpart.

(1) The parameter monitoring data for

storage vessels, process vents, process

wastewater streams, and emission

points included in emissions averages

that are required to perform continuous

monitoring shall be used to determine

compliance for the monitored control or

recovery devices.

(2) Except as provided in paragraph

(e)(3) and (g) of this section, for each

excursion, as defined in paragraphs (f)

of this section, the owner or operator

shall be deemed out of compliance with

the provisions of this subpart.

(3) If the daily average value of a

monitored parameter is above the

maximum level or below the minimum

level established, or if monitoring data

cannot be collected during monitoring

device calibration check or monitoring

device malfunction, or if monitoring

data are not collected during periods of

non-operation of the affected source or

portion thereof (resulting in cessation of

the emissions to which the monitoring

applies), but the affected source is

operated during the periods of start-up,

shutdown, or malfunction in accordance

with the affected source’s Start-up,

Shutdown, and Malfunction Plan, then

the event shall not be considered a

monitoring parameter excursion.

(f) Parameter monitoring excursion

definitions. For storage vessels and

process vents using control or recovery

devices for purposes of compliance, and

for wastewater streams, an excursion

means any of the three cases listed in

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

section, this is considered a single

excursion for the control or recovery

device.

(1) The daily average value of one or

more monitored parameters is above the

maximum level or below the minimum

level established for the given

parameters.

(2) The period of control or recovery

device operation is 4 hours or greater in

an operating day and monitoring data

are insufficient, as defined in paragraph

(f)(4) of this section, to constitute a valid

hour of data for at least 75 percent of the

operating hours.

(3) The period of control or recovery

device operation 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 (f)(4) of this

section.

(4) Monitoring data are insufficient to

constitute a valid hour of data, as used

in paragraphs (f)(2) and (f)(3) of this

section, if measured values are

unavailable for any of the 15-minute

periods within the hour. For data

compression systems approved under

§ 63.1439(g)(3), monitoring data are

insufficient to calculate a valid hour of
46846 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

data if there are less than four data

measurements made during the hour.

(g) Excused excursions. A number of

excused excursions shall be allowed for

each control or recovery device for each

semiannual period. The number of

excused excursions for each semiannual

period is specified in paragraphs (g)(1)

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

paragraph applies to affected sources

required to submit Periodic Reports

semiannually or quarterly. The first

semiannual period is the 6-month

period starting the date the Notification

of Compliance Status is due.

(1) For the first semiannual period—

six excused excursions.

(2) For the second semiannual

period—five excused excursions.

(3) For the third semiannual period—

four excused excursions.

(4) For the fourth semiannual

period—three excused excursions.

(5) For the fifth semiannual period—

two excused excursions.

(6) For the sixth and all subsequent

semiannual periods—one excused

excursion.

§ 63.1439 General recordkeeping and

reporting provisions.

(a) Data retention. Unless otherwise

specified in this subpart, each owner or

operator of an affected source shall keep

copies of all applicable records and

reports required by this subpart for at

least 5 years. 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 computerreadable form including, but not limited

to, on microfilm, computer, floppy disk,

magnetic tape, or microfiche. If an

owner or operator submits copies of

reports to the applicable 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 reports.

(b) Subpart A requirements. The

owner or operator of an affected source

shall comply with the applicable

recordkeeping and reporting

requirements in 40 CFR part 63, subpart

A as specified in Table 1 of this subpart.

These requirements include, but are not

limited to, the requirements specified in

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

section.

(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) of subpart A.

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. The affected source shall keep

this plan onsite. The owner or operator

shall keep the written start-up,

shutdown, and malfunction plan on

record after it is developed, to be made

available for inspection, upon request,

by the Administrator for the life of the

affected source or until five years from

the date the affected units were last

subject to the provisions of this subpart

for those affected sources that are no

longer subject. Records associated with

the plan shall be kept as specified in

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

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

(A) Records of the occurrence and

duration of each start-up, shutdown,

and malfunction of operation of process

equipment or combustion, recovery, or

recapture devices or continuous

monitoring systems used to comply

with this subpart during which excess

emissions (as defined in § 63.1420(h)(3))

occur.

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

malfunction during which excess

emissions (as defined in § 63.1420(h)(3))

occur, records that the procedures

specified in the affected source’s startup, 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

combustion, recovery, or recapture

device to a backup combustion,

recovery, or recapture device, records

must 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) For continuous monitoring

systems used to comply with this

subpart, records documenting the

completion of calibration checks and

maintenance of continuous monitoring

systems that are specified in the

manufacturer’s instructions or other

written procedures that provide

adequate assurance that the equipment

would reasonably be expected to

monitor accurately.

(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) of subpart A. The reports

shall include the information specified

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

(b)(1)(i)(C) of this section and shall

contain the name, title, and signature of

the owner or operator or other

responsible official who is certifying its

accuracy.

(2) Application for approval of

construction or reconstruction. For new

affected sources, each owner or operator

shall comply with the provisions in

§ 63.5 of subpart A regarding

construction and reconstruction,

excluding the provisions specified in

§ 63.5 (d)(1)(ii)(H), (d)(1)(iii), (d)(2), and

(d)(3)(ii) of subpart A.

(c) Subpart H requirements. Owners

or operators of affected sources shall

comply with the reporting and

recordkeeping requirements in subpart

H, except as specified in § 63.1434(b)

through § 63.1434(g).

(d) Recordkeeping and

documentation. Owners or operators

required to comply with § 63.1438 and,

therefore, required to keep continuous

records shall keep records as specified

in paragraphs (d)(1) through (d)(9) of

this section, unless an alternative

recordkeeping system has been

requested and approved as specified in

paragraph (g) or (h) of this section. If a

monitoring plan for storage vessels

pursuant to § 63.1432(i) requires

continuous records, the monitoring plan

shall specify which provisions, if any, of

paragraphs (d)(1) through (d)(9) of this

section apply. As described in

§ 63.1432(i), certain storage vessels are

not required to comply with § 63.1438

and, therefore, 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 § 63.1432(i).

(1) The monitoring system shall

measure data values at least once during

approximately equal 15 minute

intervals.
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46847

(2) The owner or operator shall record

either 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 process vents from batch

unit operations must be record each

measured data value.

(3) 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 shall be

calculated as the average of all

parameter values recorded during the

operating day. 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 24-

hour period that the owner or operator

specifies in the operating permit or the

Notification of Compliance Status. It

may be from midnight to midnight or

another 24-hour period.

(4) Records required for excursions. If

the daily average value of a monitored

parameter for a given operating day is

below the minimum level or above the

maximum level established in the

Notification of Compliance Status or

operating permit, the owner or operator

shall retain the data recorded that

operating day under paragraph (d)(2) of

this section.

(5) Records required when the daily

average value is within the established

limit. If the daily average value of a

monitored parameter for a given

operating day is above the minimum

level or below the maximum level

established in the Notification of

Compliance Status or operating permit,

the owner or operator shall retain the

data recorded that operating day under

paragraph (d)(2) of this section.

(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 for that operating day. For these

operating days, the records required in

paragraph (d)(5) of this section are

required.

(7) 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

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

combustion, recovery, or recapture

device operation when monitors are not

operating.

(8) For each flexible operation unit in

which the primary product is

determined to be something other than

a polyether polyol product, the owner or

operator shall maintain the

documentation specified in

§ 63.1420(e)(7).

(9) The owner or operator of an

affected source granted a waiver under

§ 63.10(f) shall maintain the information

demonstrating whether an affected

source is meeting the requirements for

a waiver of recordkeeping or reporting

requirements.

(e) Reporting and notification. (1) In

addition to the reports and notifications

required by subparts A and H of this

part, as specified in this subpart, the

owner or operator of an affected source

shall prepare and submit the reports

listed in paragraphs (e)(3) through (e)(9)

of this section, as applicable.

(2) All reports required under this

subpart shall be sent to the

Administrator at the applicable address

listed in § 63.13 of subpart A of this

part. If acceptable to both the

Administrator and the owner or

operator of a source, reports may be

submitted on electronic media.

(3) Initial Notification. Each owner or

operator of an existing or new affected

source shall submit a written Initial

Notification to the Administrator,

containing the information described in

paragraph (e)(3)(i) of this section,

according to the schedule in paragraph

(e)(3)(ii) of this section. The Initial

Notification provisions in § 63.9(b)(2),

(b)(3), and (b)(6) of subpart A shall not

apply, for the purposes of this subpart.

(i) The Initial Notification shall

include the following information:

(A) The name and address of the

owner or operator;

(B) The address (physical location) of

the affected source;

(C) An identification of the kinds of

emission points within the affected

source;

(D) An identification of the affected

source; and

(E) A statement of whether the source

can achieve compliance by the relevant

compliance date specified in § 63.1422.

(ii) The Initial Notification shall be

submitted according to the schedule in

paragraph (e)(3)(ii)(A), (e)(3)(ii)(B), or

(e)(3)(ii)(C) of this section, as applicable.

(A) For an existing source, the Initial

Notification shall be submitted within

120 calendar days after the date of

promulgation.

(B) For a new source that has an

initial start-up 90 calendar days after the

date of promulgation of this subpart or

later, the application for approval of

construction or reconstruction required

by § 63.5(d) of subpart A shall be

submitted in lieu of the Initial

Notification. The application shall be

submitted as soon as practical before

construction or reconstruction is

planned to commence (but it need not

be sooner than 90 calendar days after

the date of publication of this subpart).

(C) For a new source that has an

initial start-up prior to 90 calendar days

after the date of promulgation, the

Initial Notification shall be submitted

within 90 calendar days after the date of

promulgation of this subpart. The

application for approval of construction

or reconstruction described in § 63.5(d)

of subpart A is not required for these

sources.

(4) Precompliance Report. Affected

sources requesting an extension for

compliance, or requesting approval to

use alternative monitoring parameters,

alternative continuous monitoring and

recordkeeping, or alternative controls,

shall submit a Precompliance Report

according to the schedule described in

paragraph (e)(4)(i) of this section. The

Precompliance Report shall contain the

information specified in paragraphs

(e)(4)(ii) through (e)(4)(vi) of this

section, as appropriate.

(i) Submittal dates. The

Precompliance Report shall be

submitted to the Administrator no later

than 12 months prior to the compliance

date. For new 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.

(ii) A request for an extension for

compliance may be submitted in the

Precompliance Report, in a separate

submittal to the Administrator, or in the

Operating Permit application, as

specified in § 63.1422(e).

(iii) The alternative monitoring

parameter information required in

paragraph (f) of this section shall be

submitted 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
46848 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

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 information requested in

paragraph (e)(4)(iv)(A) or (e)(4)(iv)(B) of

this section must be submitted in the

Precompliance Report.

(A) The owner or operator must

submit notification of the intent to use

the provisions specified in paragraph (h)

of this section; or

(B) The owner or operator must

submit a request for approval to use

alternative continuous monitoring and

recordkeeping provisions as specified in

paragraph (g) of this section.

(v) The owner or operator shall report

the intent to use alternative controls to

comply with the provisions of this

subpart. Alternative controls must be

deemed by the Administrator to be

equivalent to the controls required by

the standard, under the procedures

outlined in § 63.6(g) of subpart A.

(5) Notification of Compliance Status.

For existing and new affected sources, a

Notification of Compliance Status shall

be submitted within 150 days after the

compliance dates specified in § 63.1422.

For equipment leaks subject to

§ 63.1434, the owner or operator must

submit the information required in

§ 63.182(c) of subpart H in the

Notification of Compliance Status. 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)(vii) of this section.

(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 § 63.1422(j), § 63.122 of subpart

G, and § 63.1432 for storage vessels, and

§ 63.146 of subpart G for process

wastewater. In addition, each owner or

operator shall comply with paragraphs

(e)(5)(i)(A) and (e)(5)(i)(B) of this

section.

(A) For performance tests, group

determinations, or determination that

controls are needed, 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 required

information shall be submitted, but a

complete test report is not required.

(B) A complete test report shall

include a brief process description,

sampling site description, description of

sampling and analysis procedures and

any modifications to standard

procedures, quality assurance

procedures, record of operating

conditions during the test, record of

preparation of standards, record of

calibrations, raw data sheets for field

sampling, raw data sheets for field and

laboratory analyses, documentation of

calculations, and any other information

required by the test method.

(ii) For each monitored parameter for

which a maximum or minimum level is

required to be established under

§ 63.114(e) of subpart G and

§ 63.1429(d) for process vents,

§ 63.143(f) of subpart G for process

wastewater, 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)(C) of this

section shall be submitted. Further, as

described in § 63.1432(k), for those

storage vessels for which the monitoring

plan required by § 63.120(d)(3) specifies

compliance with the provisions of

§ 63.1438, the owner or operator shall

provide the information specified in

paragraphs (e)(5)(ii)(A) through

(e)(5)(ii)(C) of this section for each

monitoring parameter. For those storage

vessels for which the monitoring plan

required by § 63.120(d)(2) does not

require compliance with the provisions

of § 63.1438, the owner or operator shall

provide the information specified in

§ 63.120(d)(3) as part of the Notification

of Compliance Status.

(A) The required information shall

include the specific maximum or

minimum level of the monitored

parameter(s) for each emission point.

(B) The required information shall

include the rationale for the specific

maximum or minimum level for each

parameter for each emission point,

including any data and calculations

used to develop the level and a

description of why the level indicates

that the combustion, recovery, or

recapture device is operated in a

manner to ensure compliance with the

provisions of this subpart.

(C) The required information shall

include a definition of the affected

source’s operating day, as specified in

paragraph (d)(3)(ii) of this section, for

purposes of determining daily average

values of monitored parameters.

(D) The required information shall

include a definition of the affected

source’s operating month for the

purposes of determining monthly

average values of residual organic HAP.

(iii) The determination of

applicability for flexible operation units

as specified in § 63.1420(e)(6).

(iv) The parameter monitoring levels

for flexible operation units, and the

basis on which these levels were

selected, or a demonstration that these

levels are appropriate at all times, as

specified in § 63.1420(e)(7).

(v) The results for each predominant

use determination for storage vessels

belonging to an affected source subject

to this subpart that is made under

§ 63.1420(f)(6).

(vi) If any emission point is subject to

this subpart and to other standards as

specified in § 63.1422(j), and if the

provisions of § 63.1422(j) 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.

(vii) 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.

(6) Periodic Reports. For existing and

new affected sources, each owner or

operator shall submit Periodic Reports

as specified in paragraphs (e)(6)(i)

through (e)(6)(x) of this section. In

addition, for equipment leaks subject to

§ 63.1434, the owner or operator must

submit the information specified in

§ 63.182(d) of subpart H, and for heat

exchange systems subject to § 63.1434,

the owner or operator must submit the

information specified in § 63.104(f)(2) of

subpart F.

(i) Except as specified in paragraphs

(e)(6)(viii) of this section, a report

containing the information in paragraph

(e)(6)(ii) of this section or paragraphs

(e)(6)(iii) through (e)(6)(vii) of this

section, as appropriate, shall be

submitted semiannually no later than 60

days after the end of each 180 day

period. The first report shall be

submitted no later than 240 days after

the date the Notification of Compliance

Status is due and shall cover the 6-

month period beginning on the date the

Notification of Compliance Status is
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46849

due. Subsequent reports shall cover

each preceding 6-month period.

(ii) If none of the compliance

exceptions in paragraphs (e)(6)(iii)

through (e)(6)(vii) 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 the affected source was in

compliance for the preceding 6-month

period and that none of the activities

specified in paragraphs (e)(6)(iii)

through (e)(6)(vii) of this section

occurred.

(iii) For an owner or operator of an

affected source complying with the

provisions of §§ 63.1432 through

63.1433 for any emission point, Periodic

Reports shall include:

(A) All information specified in

§ 63.122(a)(4) of subpart G for storage

vessels, § 63.1430 (h) or (i) for process

vents, § 63.104(b)(4) of subpart F for

heat exchange systems, and § 63.146(c)

through § 63.146(f) of subpart G for

process wastewater.

(B) The daily average values of

monitored parameters for all excursions,

as defined in § 63.1438(f).

(C) The periods when monitoring data

were not collected shall be specified;

and

(D) The information in paragraphs

(e)(6)(iii)(D)(1) through (e)(6)(iii)(D)(4) of

this section, as applicable:

(1) Notification if a process change is

made such that the group status of any

emission point changes. The

information submitted shall include a

compliance schedule, as specified in

paragraphs (e)(6)(iii)(D)(2)(i) and

(e)(6)(iii)(D)(2)(ii) of this section, for

emission points that change from Group

2 to Group 1 as specified in

§ 63.1420(g)(3); or for process vents

under the conditions listed in

§ 63.1429(g)(3)(i). This information may

be submitted in a separate report, as

specified in § 63.1430(i).

(i) The owner of operator shall submit

to the Administrator for approval a

compliance schedule and a justification

for the schedule.

(ii) The Administrator shall approve

the compliance schedule or request

changes within 120 days of receipt of

the compliance schedule and

justification.

(2) Notification if one or more

emission points or one or more PMPU

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)(iii) of this section.

(i) A description of the addition to the

affected source;

(ii) Notification of the group status or

control requirement for the additional

emission point or all emission points in

the PMPU;

(iii) A compliance schedule, as

required under paragraph

(e)(6)(iii)(D)(2) of this section.

(3) For process wastewater streams

sent for treatment pursuant to

§ 63.132(g), reports of changes in the

identity of the treatment facility or

transferee.

(E) The information in paragraph

(b)(1)(ii) of this section for reports of

start-up, shutdown, and malfunction.

(iv) If any performance tests are

reported in a Periodic Report, the

following information shall be included:

(A) One complete test report shall be

submitted for each test method used for

a particular kind of emission point

tested. A complete test report shall

contain the information specified in

paragraph (e)(5)(i)(B) of this section.

(B) For additional tests performed for

the same kind of emission point using

the same method, results and any other

information required shall be submitted,

but a complete test report is not

required.

(v) The results for each change made

to a primary product determination for

a polyether polyol product made under

§ 63.1420(e)(6).

(vi) The results for each change made

to a predominant use determination for

a storage vessel belonging to an affected

source subject to this subpart that is

made under § 63.1420(f)(6).

(vii) The Periodic Report required by

§ 63.1434(f) shall be submitted as part of

the Periodic Report required by

paragraph (e)(6) of this section.

(viii) 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 if the

emission point or process section has

more excursions, as defined in

§ 63.1438(f), than the number of excused

excursions allowed under § 63.1438(g)

for a semiannual reporting period and

the Administrator requests the owner or

operator to submit quarterly reports for

that emission point or process section.

(7) Other reports. The notifications of

inspections required by § 63.1432 shall

be submitted, as specified in § 63.122

(h)(1) and (h)(2) of subpart G.

(8) Operating permit application. An

owner or operator who submits an

operating permit application instead

Precompliance Report shall submit the

information specified in paragraph (e)(4)

of this section, Precompliance Report, as

applicable, with the operating permit

application.

(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 to set unique

monitoring parameters, or who requests

approval to monitor a different

parameter than those listed in § 63.1432

for storage vessels, § 63.1426 for ECO,

§ 63.1429 for process vents, or § 63.143

of subpart G 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)(4) 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.

(1) The required information shall

include a description of the parameter(s)

to be monitored to ensure the

combustion, recovery or control

technique, or pollution prevention

measure is operated in conformance

with its design and achieves the

specified emission limit, percent

reduction, or nominal efficiency, and an

explanation of the criteria used to select

the parameter(s).

(2) The required information shall

include a description of the methods

and procedures that will be used to

demonstrate that the parameter

indicates proper operation, the schedule

for this demonstration, and a statement

that the owner or operator will establish

a level for the monitored parameter as

part of the Notification of Compliance

Status report required in paragraph

(e)(5) of this section, unless this

information has already been included

in the operating permit application.

(3) The required information shall

include a description of the proposed

monitoring, recordkeeping, and

recording 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:

(i) If monitoring and recordkeeping is

not continuous, or

(ii) If reports of daily average values

will not be included in Periodic Reports

when the monitored parameter value is

above the maximum level or below the

minimum level as established in the

operating permit or the Notification of

Compliance Status.

(g) Alternative continuous monitoring

and recordkeeping. An owner or

operator choosing not to implement the

continuous parameter operating and

recordkeeping provisions listed in

§ 63.1429 for process vents, and

§ 63.1433 for wastewater, may instead

request approval to use alternative

continuous monitoring and

recordkeeping provisions according to
46850 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

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)(4)(iv) of this section, 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) of

subpart A shall govern the review and

approval of requests.

(2) An owner or operator of an

affected source that does not have an

automated monitoring and recording

system capable of measuring parameter

values at least once during

approximately equal 15 minute intervals

and that does not generate continuous

records may request approval to use a

nonautomated system with less frequent

monitoring, in accordance with

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

section.

(i) The requested system shall include

manual reading and recording of the

value of the relevant operating

parameter no less frequently than once

per hour. Daily averages shall be

calculated from these hourly values and

recorded.

(ii) The request shall contain:

(A) A description of the planned

monitoring and recordkeeping system;

(B) Documentation that the affected

source does not have an automated

monitoring and recording system;

(C) Justification for requesting an

alternative monitoring and

recordkeeping system; and

(D) Demonstration that the proposed

monitoring frequency is sufficient to

represent combustion, recovery, or

recapture device operating conditions,

considering typical variability of the

specific process and combustion,

recovery, or recapture device operating

parameter being monitored.

(3) An owner or operator may request

approval to use an automated data

compression recording system that does

not record monitored operating

parameter values at a set frequency (for

example, once at approximately equal

intervals of about 15 minutes), 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) The requested system shall be

designed to:

(A) Measure the operating parameter

value at least once during

approximately equal 15 minute

intervals;

(B) Record at least four values each

hour during periods of operation;

(C) Record the date and time when

monitors are turned off or on;

(D) Recognize unchanging data that

may indicate the monitor is not

functioning properly, alert the operator,

and record the incident;

(E) Calculate daily average values of

the monitored operating parameter

based on all measured data; and

(F) If the daily average is not an

excursion, as defined in § 63.1438(f), the

data for that operating day may be

converted to hourly average values and

the four or more individual records for

each hour in the operating day may be

discarded.

(ii) The request shall contain:

(A) A description of the monitoring

system and data compression recording

system, including the criteria used to

determine which monitored values are

recorded and retained;

(B) The method for calculating daily

averages; and

(C) A demonstration that the system

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

this section.

(4) An owner or operator may request

approval to use other alternative

monitoring systems according to the

procedures specified in § 63.8(f)(4) of

subpart A.

(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 listed in

§ 63.1432 for storage vessels, § 63.1429

for process vents, and § 63.1433 for

wastewater. 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.

(1) The owner or operator may retain

only the 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)(iv) 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 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.

(i) The monitoring system is capable

of detecting unrealistic or impossible

data during periods of operation other

than start-ups, shutdowns or

malfunctions (e.g., a temperature

reading of ¥200 °C on a boiler), and

will alert the operator by alarm or other

means. The owner or operator shall

record the occurrence. All instances of

the alarm or other alert in an operating

day constitute a single occurrence.

(ii) The monitoring system generates,

updated at least hourly throughout each

operating day, a running average of the

monitoring values that have been

obtained during that operating day, and

the capability to observe this running

average is readily available to the

Administrator on-site during the

operating day. The owner or operator

shall record the occurrence of any

period meeting the criteria in

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

(h)(1)(ii)(C) of this section. All instances

in an operating day constitute a single

occurrence.

(A) The running average is above the

maximum or below the minimum

established limits;

(B) The running average is based on

at least six one-hour average values; and

(C) The running average reflects a

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

(iii) The monitoring system is capable

of detecting unchanging data during

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

in circumstances where the presence of

unchanging data is the expected

operating condition based on past

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

and will alert the operator by alarm or

other means. The owner or operator

shall record the occurrence. All

instances of the alarm or other alert in

an operating day constitute a single

occurrence.

(iv) The monitoring system will alert

the owner or operator by an alarm, if the

running average parameter value

calculated under paragraph (h)(1)(ii) of

this section reaches a set point that is

appropriately related to the established

limit for the parameter that is being

monitored.

(v) The owner or operator shall verify

the proper functioning of the monitoring

system, including its ability to comply

with the requirements of paragraph

(h)(1) of this section, at the times

specified in paragraphs (h)(1)(v)(A)

through (h)(1)(v)(C) of this section. The

owner or operator shall document that

the required verifications occurred.

(A) Upon initial installation.

(B) Annually after initial installation.

(C) After any change to the

programming or equipment constituting

the monitoring system, which might

reasonably be expected to alter the

monitoring system’s ability to comply

with the requirements of this section.

(vi) The owner or operator shall retain

the records identified in paragraphs
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46851

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

section.

(A) Identification of each parameter,

for each item of equipment, for which

the owner or operator has elected to

comply with the requirements of

paragraph (h) 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, as specified 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 affect

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, but not less than

5 years from the date it was last

employed. 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 the

most recent superseded description at

least until 5 years from the date it was

last employed.

(2) If an owner or operator has elected

to implement the requirements of

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

monitored parameter with respect to an

item of equipment and a period of 6

consecutive months has passed without

an excursion as defined in paragraph

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

operator is no longer required to record

the daily average value, for any

operating day when the daily average is

less than the maximum, or greater than

the minimum established limit. With

approval by the Administrator,

monitoring data generated prior to the

compliance date of this subpart shall be

credited toward the period of 6

consecutive months, if the parameter

limit and the monitoring accomplished

during the period prior to the

compliance date was required and/or

approved by the Administrator.

(i) If the owner or operator elects not

to retain the daily average values, the

owner or operator shall notify the

Administrator in the next Periodic

Report. The notification shall identify

the parameter and unit of equipment.

(ii) If, on any operating day after the

owner or operator has ceased recording

daily average values as provided in

paragraph (h)(2) of this section, there is

an excursion as defined in paragraph

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

operator shall immediately resume

retaining the daily average value for

each operating day and shall notify the

Administrator in the next Periodic

Report. The owner or operator shall

continue to retain each daily average

value until another period of 6

consecutive months has passed without

an excursion as defined in paragraph

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

(iii) The owner or operator shall retain

the records specified in paragraph (h)(1)

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.

(iv) For the purposes of paragraph (h)

of this section, an excursion means that

the daily average of monitoring data for

a parameter is greater than the

maximum, or less than the minimum

established value, except as provided in

paragraphs (h)(2)(iv)(A) and (h)(2)(iv)(B)

of this section.

(A) The 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) of subpart A.

(B) An excused excursion, as

described in § 63.1438(g), shall not be

considered an excursion for the

purposes of paragraph (h)(2) of this

section.

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

Reference Applies to subpart PPP Comment

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

definitions in § 63.2.

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

63.1(a)(3) ................................................. Yes ................... § 63.1422(f) through (j) of this subpart and § 63.160(b) of subpart H identify those

standards which overlap with the requirements of subparts U and H and specify

how compliance shall be achieved.

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

to subpart PPP.

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

63.1(a)(6)–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 ..................... § 63.1420(a) contains specific applicability criteria.

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

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

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

to subpart PPP.

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

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

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

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

this table.

63.1(d) ...................................................... No ..................... Reserved.
46852 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

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

Reference Applies to subpart PPP Comment

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

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

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 § 63.1420(h) 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 § 63.1420(h) defines when construction or reconstruction is subject to

the new source standards.

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

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

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

63.5(d)(1)(iii) ............................................. No ..................... § 63.1439(e)(6) and § 63.1434(f) of subpart PPP specify Notification of Compliance Status requirements.

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

63.5(d)(3) ................................................. Yes ................... Except § 63.5(d)(3)(ii) does not apply, and equipment leaks subject to § 63.1434

are exempt.

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

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

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

63.5(f)(2) .................................................. Yes ................... Except that where § 63.9(b)(2) is referred to, the owner or operator need not comply.

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

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

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

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

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

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

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

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

63.6(c)(1) .................................................. Yes ................... § 63.1422 of subpart PPP specifies the compliance date.

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

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

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

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

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

63.6(e) ...................................................... Yes ................... Except as otherwise specified for individual paragraphs (below), and § 63.6(e)

does not apply to Group 2 emission points.

63.6(e)(1)(i) .............................................. No ..................... This is addressed by § 63.1420(i)(4).

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

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

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

63.6(e)(3)(i) .............................................. Yes ................... For equipment leaks (subject to § 63.1434), the start-up, shutdown, and malfunction plan requirement of § 63.6(e)(3)(i) is limited to combustion, recovery, or recapture devices and is optional for other equipment. The start-up, shutdown,

and malfunction plan may include written procedures that identify conditions that

justify a delay of repair.

63.6(e)(3)(i)(A) ......................................... Yes ................... This is also addressed by § 63.1420(i)(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 § 63.1439(b)(1).

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

63.6(e)(3)(v) ............................................. No.

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 must provide for operation in compliance with § 63.1420(i)(4).

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

63.6(e)(3)(viii) ........................................... Yes.
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46853

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

Reference Applies to subpart PPP Comment

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

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

§ 63.6(f)(2)(ii) does not apply to equipment leaks subject to § 63.1434.

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

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

63.6(h) ...................................................... No ..................... Subpart PPP does not require opacity and visible emission standards.

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

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

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

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

63.6(i)(4)(i)(B) ........................................... No ..................... Dates are specified in § 63.1422(e) and § 63.1439(e)(5)(i) for all emission points

except equipment leaks, which are covered under § 63.182(a)(6)(i) of subpart H.

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

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

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

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

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

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

63.7(a)(2) ................................................. No ..................... § 63.1439(e)(6) of subpart PPP specifies the submittal dates of performance test

results for all emission points except equipment leaks; for equipment leaks,

compliance demonstration test results are reported in the Periodic Reports.

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

63.7(b) ...................................................... No ..................... § 63.1437(a)(4) of subpart PPP 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 must be conducted at maximum representative

operating conditions.

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

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

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

63.7(f) ....................................................... Yes ................... Since a site specific test plan is not required, the Notification deadline in

§ 63.7(f)(2)(i) shall be 60 days prior to the performance test, and in § 63.7(f)(3)

approval or disapproval of the alternative test method shall not be tied to the

site specific test plan.

63.7(g) ...................................................... Yes ................... Except that references to the Notification of Compliance Status report in 63.9(h) of

subpart A are replaced with the requirements in § 63.1439(e)(6) of subpart PPP.

In addition, emission points subject to § 63.1434 are not required to conduct

performance tests.

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

§ 63.7(c)(3) are not required.

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

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

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

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

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

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

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

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

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

63.8(c)(1)(ii) .............................................. No ..................... For all emission points except equipment leaks, comply with § 63.1439(b)(1)(i)(B);

for equipment leaks, comply with § 63.181(g)(2)(ii) of subpart H.

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

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

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

63.8(c)(4) .................................................. No ..................... § 63.1438 of subpart PPP specifies monitoring frequency; not applicable to equipment leaks, because § 63.1434 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 § 63.1439 (f) or (g) of subpart

PPP; not applicable to equipment leaks, because § 63.1434 (through subpart H)

specifies acceptable alternative methods.

63.8(f)(4)(ii) .............................................. No ..................... Contents of request are specified in § 63.1439 (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 PPP does not require CEM’s.
46854 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

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

Reference Applies to subpart PPP Comment

63.8(g) ...................................................... No ..................... Data reduction procedures specified in § 63.1439 (d) and (h) of subpart PPP; not

applicable to equipment leaks.

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

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

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

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

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

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

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

63.9(h) ...................................................... No ..................... § 63.1439(e)(6) of subpart PPP specifies Notification of Compliance Status requirements.

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

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

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

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

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

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

63.10(c) .................................................... No ..................... § 63.1439 of subpart PPP specifies recordkeeping requirements.

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

63.10(d)(2) ............................................... No ..................... § 63.1439(e)(6) specifies performance test reporting; not applicable to equipment

leaks.

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

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

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

time as Periodic Reports specified in § 63.1439(e)(7) of subpart PPP. The startup, shutdown, and malfunction plan, and any records or reports of startup, shutdown, and malfunction do not apply to Group 2 emission points.

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

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

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

63.12 ........................................................ Yes ................... Except that the authority of § 63.177 of subpart H (for equipment leaks) will not be

delegated to States.

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

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

TABLE 2. APPLICABILITY OF SUBPARTS F, G, AND H TO SUBPART PPP AFFECTED SOURCES

Reference Applies to subpart PPP Comment Applicable section of

subpart PPP

Subpart F

63.100 ......................................... No.

63.101 ......................................... Yes ................... Several definitions from 63.101 are incorporated by reference into

63.1424.

63.1423.

63.102–63.109 ............................ No.

Subpart G

63.110 ......................................... No.

63.111 ......................................... Yes ................... Several definitions from 63.111 are incorporated by reference into

63.1423.

63.1423.

63.112 ......................................... No.

63.113–63.118 ............................ Yes ................... With the differences noted in 63.1425(f)(1) through (f)(10), for

THF facilities. For epoxide facilities, 63.115(d) is used for TRE

determinations.

63.119–63.123 ............................ Yes ................... With the differences noted in 63.1432(c) through 63.1432(q) ........ .63.1432.

63.124–63.125 ............................ No. .................... Reserved

63.126–63.130 ............................ No

63.131–63.147 ............................ Yes ................... With the differences noted in 63.1433(a)(1) through

63.1433(a)(19).

63.1433.

63.148–63.149 ............................ Yes ................... With the differences noted in 63.1432(c) through 63.1432(q) and

63.1433(a)(1) through 63.1433(a)(19).

63.1432 and 63.1433.

63.150(a) through 63.150(f) ........ No.

63.150(g)(1) and 63.150(g)(2) .... No.

63.150(g)(3) ................................. No.

63.150(g)(4) ................................. No.

63.150(g)(5) ................................. No.

63.150(h)(1) and 63.150(h)(2) .... No.

63.150(h)(3) ................................. No.

63.150(h)(4) ................................. No.

63.150(h)(5) ................................. No.
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46855

TABLE 2. APPLICABILITY OF SUBPARTS F, G, AND H TO SUBPART PPP AFFECTED SOURCES—Continued

Reference Applies to subpart PPP Comment Applicable section of

subpart PPP

63.150(i) through 63.150(o) ........ No.

63.151–63.152 ............................ No.

Subpart H

63.160–63.193 ............................ Yes ................... Subpart PPP affected sources must comply with all requirements

of subpart H.

63.1434.

TABLE 3.—GROUP 1 STORAGE VESSELS AT EXISTING AND NEW 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 4.—KNOWN ORGANIC HAP FROM POLYETHER POLYOL PRODUCTS

Organic HAP/chemical name (CAS No.)

1,3 Butadiene (106990).

Ethylene Oxide (75218).

Hexane (100543).

Methanol (67561).

Propylene Oxide (75569).

Toluene (108883).

CAS No. = Chemical Abstract Service Number.

TABLE 5.—GROUP 1 PROCESS VENTS 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 § 63.1429b.

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 § 63.1429.

4. Report all batch cycle daily average temperatures that are below

the minimum operating temperature 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 § 63.1429.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

§ 63.1429.

4. Report all batch cycle daily average upstream temperatures that

are below the minimum upstream temperature 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 process vents are not introduced with or used as the primary fuel.

Firebox temperature a ..................... 1. Continuous records as specified in § 63.1429.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 § 63.1429.d
46856 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

TABLE 5.—GROUP 1 PROCESS VENTS 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 temperatures that are below

the minimum operating temperature 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

Absorberf ....................................... Exit temperature of the absorbing

liquid, and

1. Continuous records as specified in § 63.1429.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 § 63.1429 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

Exit specific gravity for the absorbing liquid.1. Continuous records as specified in § 63.1429.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 § 63.1429.

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 § 63.1429.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 § 63.1429.

4. Report all batch cycle daily average exit temperatures that are

above the maximum operating temperature established in the NCS

or operating permit and all instances when monitoring data are not

collected—PR.d, e

Carbon Adsorberf .......................... Total regeneration stream mass or

volumetric flow during carbon

bed regeneration cycle(s), and

1. Record of total regeneration stream mass or volumetric flow for

each carbon bed regeneration cycle.

2. Record and report the total regeneration stream mass or volumetric

flow during each carbon bed regeneration cycle during the performance test—NCS.c

3. Report all carbon bed regeneration cycles when the total regeneration stream or volumetric mass flow is above the maximum flow

rate 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 temperature established in the NCS or operating permit—PR.d, e

All Combustion, recovery, or recapture devices.Diversion to the atmosphere from

the combustion, recovery, or recapture 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

§ 63.1429.

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—PR.d

Monthly inspections of sealed

valves.

1. Records that monthly inspections were performed as specified in

§ 63.1429.
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46857

TABLE 5.—GROUP 1 PROCESS VENTS STREAMS—MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS—

Continued

Control/recovery device Parameter to be monitored Recordkeeping and reporting requirements for monitored parameters

2. Record and report all monthly inspections that show that 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 above).

Concentration level or reading indicated by an organic monitoring

device at the outlet of the recovery device.

1. Continuous records as specified in § 63.1429.b

2. Record and report the average concentration level or reading

measured during the performance test—NCS.

3. Record the batch cycle daily average concentration level or reading

as specified in § 63.1429.

4. Report all batch cycle daily average concentration levels or readings that are above the maximum concentration or reading 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 of subpart G. c NCS = Notification of Compliance Status described in § 63.1429. dPR = Periodic Reports described in § 63.1429 of this subpart. eThe periodic reports shall include the duration of periods when monitoring data are not collected as specified in § 63.1439 of this subpart. fAlternatively, these devices may comply with the organic monitoring device provisions listed at the end of this table.

TABLE 6.—OPERATING PARAMETERS FOR WHICH MONITORING LEVELS ARE REQUIRED TO BE ESTABLISHED FOR PROCESS

VENTS STREAMS

Control/recovery option 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 process

vents.

pH of scrubber effluent; and scrubber liquid and gas flow rates ........... Minimum pH; and minimum liquid/

gas ratio.

Absorber ......................................... Exit temperature of the absorbing liquid; and exit specific gravity of

the absorbing liquid.

Minimum temperature; and minimum specific gravity.

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

Carbon adsorber ............................ Total regeneration stream mass or volumetric flow during carbon bed

regeneration cycle; and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)).

Maximum mass or volumetric flow;

and maximum temperature.

Other devices (or as an alternate

to the above) a.

HAP concentration level or reading at outlet of device ......................... Maximum HAP concentration or

reading.

a Concentration is measured instead of an operating parameter.

[FR Doc. 97–22364 Filed 9–3–97; 8:45 am]

BILLING CODE 6560–50–P