[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Proposed Rules]
[Pages 44614-44619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22366]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-58793]
RIN 2060-AC19


National Emission Standards for Hazardous Air Pollutants for 
Source Categories; Organic Hazardous Air Pollutants From the Synthetic 
Organic Chemical Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule: Amendments.

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SUMMARY: The EPA proposes to amend the National Emission Standards for 
Hazardous Air Pollutants for Source Categories; Organic Hazardous Air 
Pollutants from the Synthetic Organic Chemical Manufacturing Industry 
(SOCMI) by adding tetrahydrobenzaldehyde (THBA) and crotonaldehyde to, 
and removing acetaldol from, the list of chemical production processes. 
This action also proposes to establish a separate compliance date of 3 
years from final action for subparts F and G of part 63 and 1 year from 
final action for subpart H of part 63 for THBA and crotonaldehyde 
production processes. The EPA is also proposing a change to clarify 
compliance demonstration requirements for flexible operation units.
    This proposed action would implement section 112(d) of the Clean 
Air Act as amended in 1990 (the Act), which requires the Administrator 
to regulate emissions of hazardous air pollutants (HAP) listed in 
section 112(b) of the Act. The intended effect of this proposed rule is 
to protect the public by requiring new and existing major sources to 
control emissions of HAP to the level reflecting application of the 
maximum achievable control technology. This action also proposes to 
amend the initial list of source categories of HAP required by section 
112 (c) of the Act by removing THBA production from the list of 
categories of major sources.

DATES: Comments. Comments must be received on or before September 22, 
1997, unless a hearing is requested by September 22, 1997. If a hearing 
is requested, written comments must be received by October 6, 1997.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than September 2, 1997. If a hearing is held, it will take 
place on September 8, 1997, beginning at 10 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket Number A-95-30 (see docket section below), Room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, D.C. 20460. The EPA requests that a separate copy also be 
sent to the contact person listed below.
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing or wishing 
to present oral testimony should notify Marguerite Thweatt, U.S. 
Environmental Protection Agency, Research Triangle Park, N.C. 27711, 
telephone (919) 541-5607.
    Docket. Docket No. A-95-30, containing the supporting information 
for the original NESHAP and this action, are available for public 
inspection and copying between 8 a.m. and 5:30 p.m., Monday through 
Friday, at the EPA's Air and Radiation Docket and Information Center, 
Waterside Mall, Room M-1500, first floor, 401 M Street SW, Washington, 
DC 20460, or by calling (202) 260-7548 or 260-7549. A reasonable fee 
may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning this action 
contact Mr. John Schaefer at (919) 541-0296, Organic Chemicals Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities and Background Information

A. Regulated Entities

    The regulated category and entities affected by this action 
include:

------------------------------------------------------------------------
                Category                        Regulated entities      
------------------------------------------------------------------------
Industry...............................  Facilities that produce        
                                          tetrahydrobenzaldehyde;       
                                          facilities that produce       
                                          crotonaldehyde                
                                         Synthetic organic chemical     
                                          manufacturing industry (SOCMI)
                                          units, e.g., producers of     
                                          benzene, toluene, or any other
                                          chemical listed in Table 1 of 
                                          40 CFR part 63, subpart F.    
------------------------------------------------------------------------

    This table is not intended to be exhaustive but, rather, provides a 
guide for readers regarding entities likely to be interested in the 
revisions to the regulation affected by this action. Entities 
potentially regulated by the HON are those which produce as primary 
intended products any of the chemicals listed in table 1 of 40 CFR part 
63, subpart F or facilities producing THBA or crotonaldehyde and that 
are located at facilities that are major sources as defined in section 
112 of the Clean Air Act (CAA). To determine whether your facility is 
regulated by this action, you should carefully examine all of the 
applicability criteria in 40 CFR 63.100. 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.
    With today's action, EPA is proposing to make production of THBA 
and crotonaldehyde subject to subparts F, G, and H of 40 CFR part 63. 
Subparts F, G, and H of 40 CFR part 63 establish National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for the Synthetic 
Organic Chemical Manufacturing Industry (SOCMI) (57 FR 62607). This 
rule is commonly referred to as the hazardous organic NESHAP or the 
HON. The HON rule applies to SOCMI facilities located at major sources 
and affects approximately 310 facilities nationwide. These SOCMI 
facilities include those that produce one or more of the synthetic 
organic

[[Page 44615]]

chemicals listed in Table 1 of subpart F and that either (1) use an 
organic HAP as a reactant or (2) produce an organic HAP in the process. 
Emission points within these facilities affected by the rule are 
process vents, storage vessels, transfer operations, equipment leaks, 
and wastewater collection systems. Processes producing THBA were not 
included on the list of SOCMI processes to be regulated under the HON. 
Crotonaldehyde production was removed from the list of SOCMI processes 
to be regulated by the HON when the rule was issued in April 1994. 
Crotonaldehyde production was deleted because available information 
indicated that this chemical was no longer produced in the United 
States. Because EPA has since learned that crotonaldehyde is still 
produced in the United States, in today's action EPA is proposing to 
add crotonaldehyde production to the HON.

B. Electronic Submission of Comments

    Comments on the proposed changes to the NESHAP may also be 
submitted electronically by sending electronic mail (e-mail) to: <a href="/cdn-cgi/l/email-protection#d8b9f5b9b6bcf5d2aaf5bcb7bbb3bdac98bda8b9b5b9b1b4f6bda8b9f6bfb7ae">a-and-
<span class="__cf_email__" data-cfemail="67154a0308040c0213270217060a060e0b4902170649000811">[email protected]</span></a>. Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments will also be accepted on diskette in WordPerfect 
5.1 or ASCII file format. All comments in electronic form must be 
identified by the docket number A-90-19. No Confidential Business 
Information (CBI) should be submitted through e-mail. Electronic 
comments may be filed online at many Federal Depository Libraries.

II. Summary of Proposed Changes to Rule

A. Addition of THBA Production

    Tetrahydrobenzaldehyde production was included as a source of HAP 
emissions under the source category of butadiene dimers production on 
the initial list of source categories selected for regulation under 
section 112(c) of the Act published on July 16, 1992 (57 FR 31576) and 
was scheduled for control by November 1997 on the section 112(c) source 
category schedule (58 FR 63941). Although the initial source category 
list clearly identified THBA production as being included in the 
butadiene dimers production source category, the butadiene dimers name 
was a misnomer. Consequently, the butadiene dimers production source 
category was changed to THBA production by a source category list 
maintenance action finalized on June 4, 1996 (61 FR 28197). Today's 
action would add THBA production to the HON.
    The chemical THBA is produced by reacting 1,3-butadiene and 
acrolein together. Both 1,3-butadiene and acrolein are HAPs and are 
emitted during the production process. At this time, only one facility 
in the nation manufactures THBA, and it is not expected that additional 
facilities will begin producing THBA. The THBA production unit is co-
located with other SOCMI production units to which the HON is 
applicable. In addition, the emissions points and air pollution control 
measures applied are identical to those encountered in these co-located 
SOCMI units.
    Tetrahydrobenzaldehyde is used in the manufacture of paint 
additives. The product is similar to other SOCMI products on the list 
of HON affected chemicals in that it is an intermediate organic 
chemical used in the manufacture of other organic chemicals. The 
production of THBA was not included in the HON initially, because EPA 
was unaware of THBA's similarities to other SOCMI chemicals. Had EPA 
been aware of these similarities THBA would have been included in the 
list of affected HON chemicals in the initial HON rulemaking and 
subject to the requirements in the HON.
    The EPA considers THBA production to be a batch process since, the 
process operates over only a short operating cycle before experiencing 
significant fouling (plugging) in the reaction system, requiring the 
system to be shutdown and the equipment cleaned. Due to the frequent 
shutdown and equipment cleaning cycle, the process is classified as a 
batch process for purposes of subpart H.
    The effect of today's proposed action is twofold. First, it 
potentially subjects facilities manufacturing THBA to the provisions of 
40 CFR Part 63, subparts F, G, and H. Although an independent 
assessment of the impacts (environmental, cost, economic, or other) 
associated with this action has not been conducted, the EPA believes 
that the impact on the THBA production unit will be no more or less 
severe than those imposed on the other SOCMI production processes 
already affected. Second, it overrides the need to write a separate 
regulation for the THBA production source category. Consequently, the 
THBA production source category is being removed from the list of HAP-
emitting source categories published pursuant to Section 112(c) of the 
Act because it is being subsumed under the HON rule. The EPA does not 
believe that the development of a separate rule for this source 
category is justified or would result in a different control level than 
that required under the HON. Today's proposed action is consistent with 
the source category schedule, which requires regulation of THBA 
production (originally listed as butadiene dimers production) by 
November 1997. Today's action is the first step in fulfilling that 
requirement.
    With respect to the issue of whether the addition of the THBA 
production source category to the population of SOCMI sources regulated 
by the HON would alter the maximum achievable control technology (MACT) 
determinations made for the HON rule, it has been concluded that since 
the emission points and air pollution control measures at the only 
facility known to manufacture THBA are similar to those at other SOCMI 
sources, the HON MACT floor determination would be unaffected.
    The EPA is proposing to establish compliance dates for THBA 
production units of 1 year from the date this action is final for 
subpart H of this part and 3 years from the date this action is final 
for subparts F and G of this part. The EPA is proposing a compliance 
date of three years from the date this action is final for compliance 
with subparts F and G of this part to allow time for retrofitting of 
controls and evaluation of control requirements in the one known 
facility. A compliance date of one year from the date this action is 
final is being proposed for compliance with subpart H of this part. One 
year is believed to provide sufficient time to establish the equipment 
leak monitoring program and recordkeeping system. These time periods 
are consistent with the compliance times provided for sources 
originally subject to the HON rule.

B. Addition of Crotonaldehyde Production and Removal of Acetaldol 
Production

    Today's action proposes to add crotonaldehyde production to the 
chemical production processes subject to the HON and to establish a new 
compliance date for crotonaldehyde chemical manufacturing process 
units. In addition, today's action proposes to remove acetaldol 
production processes from the applicability of the HON by removing this 
chemical from table 1 of subpart F.
    In the April 22, 1994 rule, EPA made several changes to the 
proposed lists of chemical products to correct errors and to remove 
chemicals no longer commercially produced in the United States. One of 
the chemical products removed from the list of SOCMI

[[Page 44616]]

chemicals in the April 1994 notice, based upon the belief that it was 
no longer commercially produced in the United States, was 
crotonaldehyde. Since April 1994, EPA has learned that this removal was 
an error because crotonaldehyde is produced by at least one facility in 
the United States. The EPA has also learned that acetaldol, which was 
retained on table 1 of subpart F in the April 1994 rule, is an unstable 
intermediate which is used to produce either crotonaldehyde or 1,3--
butylene glycol, and is therefore not itself a product appropriate for 
inclusion on table 1 of subpart F. Based on the January 17, 1997 
amendments to the HON (62 FR 2721), EPA believes that acetaldol 
production operations are more appropriately considered unit operations 
part of crotonaldehyde or 1,3--butylene glycol chemical manufacturing 
process units. Therefore, the EPA is proposing to revise table 1 of 
subpart F by removing acetaldol. Crotonaldehyde production would be 
added to subpart F as a regulated process. No action is needed for 
1,3--butylene glycol because that chemical is already listed in table 1 
of subpart F.
    A new compliance date is being proposed for crotonaldehyde chemical 
production process units because of the confusion caused by listing a 
nonisolated intermediate chemical product instead of the correct final 
product. The EPA is proposing a new compliance date of 3 years from the 
date that this action becomes final for compliance with subparts F and 
G of this part to allow time for retrofitting of controls and 
evaluation of control requirements in the one known facility. A 
compliance date of 1 year from the date that this action is final is 
being proposed for compliance with subpart H of this part. One year is 
believed to provide sufficient time to establish the equipment leak 
monitoring program and recordkeeping system. These time periods are 
consistent with the compliance times provided for sources originally 
subject to the HON rule.

C. Clarification of Compliance Demonstration Requirements for Flexible 
Operation Units

    In today's action, EPA is proposing to add a new paragraph (b)(6) 
to Sec. 63.103 of subpart F to clarify the compliance demonstration 
requirements for flexible operation units. This proposed amendment 
would revise the rule to clarify that performance tests and monitoring 
parameter ranges are to be based on operating conditions present during 
production of the primary product. The April 1994 rule was not clear on 
this point due to a drafting oversight. This change is being proposed 
because some owners and operators have expressed concerns that the rule 
could be interpreted as requiring installation of additional controls 
for periods when the flexible operation unit is producing a product 
other than the primary product. The EPA has also recently learned that 
there are questions whether the rule requires owners or operators to 
develop parameter monitoring ranges appropriate for each product 
produced by a flexible operation unit or to develop parameter 
monitoring ranges for operating conditions during production of the 
primary product of the flexible operation unit. The need for 
clarification of these aspects of compliance demonstration has become 
apparent as facilities are completing compliance planning and 
demonstration activities for the April 1997 compliance deadline. This 
proposed revision would make the rule consistent with the assumptions 
that EPA used in deriving the cost (including the recordkeeping and 
reporting burden) estimates used in support of the April 1994 rule. 
Based on conversations with several industry representatives, EPA 
believes that today's proposed action is generally consistent with 
industry's understanding of the rule. Today's proposed clarification is 
not expected to increase the cost or burden of demonstrating compliance 
with the HON.

III. Administrative

A. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in the rule under the 
Provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0282. An Information Collection 
Request (ICR) document was prepared by the EPA (ICR No. 1414.02) and a 
copy may be obtained from Sandy Farmer, OPPE Regulatory Information 
Division, U.S. Environmental Protection Agency (2137), 401 M St., SW., 
Washington DC 20460 or by calling (202) 260-2740.
    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 the 
EPA's regulations are listed in 40 CFR part 9 and 48 CFR Ch. 15.
    Today's action neither adds new respondents nor is it anticipated 
to increase the number of responses. The increase in the number of 
effected processing units is less than 2 percent. Since this action 
does not substantially change the information collection, the ICR has 
not been revised.

B. Executive Order 12866 Review

    Under Executive Order 12866, the EPA must determine whether the 
proposed regulatory action is ``significant'' and, therefore, subject 
to OMB review and the requirements of the Executive Order. The Order 
defines ``significant'' regulatory action as one that is likely to lead 
to 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 in State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This proposed amendment would apply the rule to one additional 
process unit at two facilities. These facilities are already well 
controlled. It is not certain what additional control would be required 
as a result of this action. Regardless of the final assessment of 
additional controls at these two facilities, the EPA believes that 
application of the HON to these facilities will have a negligible 
impact on the results of the RIA and the change will be within the 
uncertainty of the analysis. The proposed clarification of the 
compliance demonstration requirements for flexible operation units is 
believed to be consistent with industry understanding of the rule, and 
is believed to have a negligible impact on the results of the RIA. 
Again, the change is expected to be within the uncertainty of the 
analysis. For these reasons, the EPA believes that revision of the 
Regulatory Impact Analysis is not necessary. Pursuant to the terms of 
the Executive Order 12966, it has been determined that this rule is not 
a ``significant regulatory action'' because none of the listed criteria 
apply to this action. Consequently, this action was not submitted to 
OMB for review under Executive Order 12866.

C. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct

[[Page 44617]]

a regulatory flexibility analysis of any rule subject to notice and 
comment requirements unless the agency certified that the rule will not 
have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small not-for-profit 
enterprises, and small government jurisdictions. This proposed 
amendment to the rule would not have a significant impact on a 
substantial number of small entities. This rule would apply the 
requirements of the HON rule to an additional process unit at two 
facilities and only imposes negligible recordkeeping costs on those 
facilities. The additional recordkeeping costs are not expected to 
create a burden for either of the regulated entities. Furthermore, 
neither of these regulated entities is a small business. The amendment 
to Sec. 63.103(b)(6) is a clarification of an existing requirement, and 
this clarification is not expected to increase control requirements or 
burden of the rule. Therefore, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities.

D. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(Unfunded Mandates Act), the EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate or to the private sector, of $100 
million or more. Under section 205, the EPA must select the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires the EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    The EPA has determined that the action proposed today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

List 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, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

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

Subpart F--National Emission Standards for Organic Hazardous Air 
Pollutants from the Synthetic Organic Chemical Manufacturing 
Industry

    2. Section 63.100 is amended as follows:
    a. By revising paragraphs (b)(1), (d) introductory text, (d)(3) 
introductory text, the first sentence of paragraph (g)(2)(iii), the 
first sentence of paragraph (h)(2)(iv), the first sentence of paragraph 
(i)(2)(iv), (k) introductory text, (l)(1)(ii), (l)(2)(ii);
    b. By adding paragraphs (b)(1)(i), (b)(1)(ii), (d)(4), 
(g)(2)(iii)(A), (g)(2)(iii)(B), (h)(2)(iv)(A), (h)(2)(iv)(B), 
(i)(2)(iv)(A), (i)(2)(iv)(B), and (p).
    The revisions and additions read as follows:


Sec. 63.100  Applicability and designation of source.

* * * * *
    (b) * * *
    (1) Manufacture as a primary product one or more of the chemicals 
listed in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (i) One or more of the chemicals listed in table 1 of this subpart; 
or
    (ii) One or more of the chemicals listed in paragraphs 
(b)(1)(ii)(A) or (b)(1)(ii)(B) of this section:
    (A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
    (B) Crotonaldehyde (CAS Number 123-73-9).
* * * * *
    (d) The primary product of a chemical manufacturing process unit 
shall be determined according to the procedures specified in paragraphs 
(d)(1), (d)(2), (d)(3), and (d)(4) of this section.
* * * * *
    (3) For chemical manufacturing process units that are designed and 
operated as flexible operation units producing one or more chemicals 
listed in table 1 of this subpart, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following April 22, 1994 and for new sources based on 
the expected utilization for the first five years after initial start-
up.
* * * * *
    (4) Notwithstanding the provisions of paragraph (d)(3) of this 
section, for chemical manufacturing process units that are designed and 
operated as flexible operation units producing a chemical listed in 
paragraph (b)(1)(ii) of this section, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following [Insert date 60 days after date of publication 
in the Federal Register] and for new sources based on the expected 
utilization for the first five years after initial start-up.
    (i) The predominant use of the flexible operation unit shall be 
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of 
this section. If the predominant use is to produce one of the chemicals 
listed in paragraph (b)(1)(ii) of this section, then the flexible 
operation unit shall be subject to the provisions of this subpart and 
subparts G and H of this part.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
* * * * *
    (g) * * *
    (2) * * *
    (iii) If the predominant use of a storage vessel varies from year 
to year, then the applicability of this subpart shall be determined 
according to the criteria in paragraphs (g)(2)(iii)(A) and 
(g)(2)(iii)(B) of this section, as applicable. * * *
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during 
the 12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section 
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, 
the applicability shall be based on the utilization that occurred 
during the 12-month period preceding [Insert date 60 days after date of 
publication in the Federal Register].
* * * * *
    (h) * * *
    (2) * * *
    (iv) If the predominant use of a loading arm or loading hose varies 
from

[[Page 44618]]

year to year, then the applicability of this subpart shall be 
determined according to the criteria in paragraphs (h)(2)(iv)(A) and 
(h)(2)(iv)(B) of this section, as applicable. * * *
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during 
the 12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section 
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, 
the applicability shall be based on the utilization that occurred 
during the year preceding [Insert date 60 days after date of 
Publication in the Federal Register].
* * * * *
    (i) * * *
    (2) * * *
    (iv) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B) 
of this section, as applicable. * * *
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during 
the year preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section 
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, 
the applicability shall be based on the utilization that occurred 
during the year preceding [Insert date 60 days after date of 
publication in the Federal Register].
* * * * *
    (k) Except as provided in paragraphs (l), (m), and (p) of this 
section, sources subject to subparts F, G, or H of this part are 
required to achieve compliance on or before the dates specified in 
paragraphs (k)(1) through (k)(8) of this section.
* * * * *
    (l)(1) * * *
    (ii)(A) Such construction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart;
    (B) Such construction commenced after [Insert date of publication 
in the Federal Register] for chemical manufacturing process units that 
produce as a primary product one or more of the chemicals listed in 
paragraph (b)(1)(ii) of this section; and
* * * * *
    (2) * * *
    (ii)(A) Such reconstruction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart; and
    (B) Such construction commenced after [Insert date of publication 
in the Federal Register] for chemical manufacturing process units that 
produce as a primary product one or more of the chemicals listed in 
paragraph (b)(1)(ii) of this section.
* * * * *
    (p) Compliance dates for chemical manufacturing process units that 
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the 
provisions of paragraph (k) of this section, chemical manufacturing 
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2), 
and (b)(3) of this section shall be in compliance with this subpart and 
subparts G and H of this part by the dates specified in paragraphs 
(p)(1) and (p)(2) of this section, as applicable.
    (1) If the source consists only of chemical manufacturing process 
units that produce as a primary product one or more of the chemicals 
listed in paragraph (b)(1)(ii) of this section, new sources shall 
comply by the date specified in paragraph (p)(1)(i) of this section and 
existing sources shall comply by the dates specified in paragraphs 
(p)(1)(ii) and (p)(1)(iii) of this section.
    (i) Upon initial start-up or [Insert date 60 days after date of 
publication in the Federal Register], whichever is later.
    (ii) This subpart and subpart G of this part by [Insert date 38 
months from the date of publication in the Federal Register], unless an 
extension has been granted by the Administrator as provided in 
Sec. 63.151 (a)(6) or granted by the permitting authority as provided 
in Sec. 63.6 (i) of subpart A of this part. When April 22, 1994 is 
referred to in this subpart and subpart G of this part, [Insert date 60 
days after date of publication in the Federal Register] shall be used 
as the applicable date for that provision. When December 31, 1992 is 
referred to in this subpart and subpart G of this part, [Insert date of 
publication in the Federal Register] shall be used as the applicable 
date for that provision.
    (iii) Subpart H of this part by [Insert date 14 months from the 
date of publication in the Federal Register], unless an extension has 
been granted by the Administrator as provided in Sec. 63.151 (a)(6) or 
granted by the permitting authority as provided in Sec. 63.6 (i) of 
subpart A of this part. When April 22, 1994 is referred to in subpart H 
of this part, [Insert date 60 days after date of publication in the 
Federal Register] shall be used as the applicable date for that 
provision. When December 31, 1992 is referred to in subpart H of this 
part, [Insert date of publication in the Federal Register] shall be 
used as the applicable date for that provision.
    (2) If the source consists of a combination of chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(i) and (b)(1)(ii) of 
this section, new chemical manufacturing process units that meet the 
criteria in paragraph (b)(1)(ii) of this section shall comply by the 
date specified in paragraph (p)(1)(i) of this section and existing 
chemical manufacturing process units producing crotonaldehyde and/or 
tetrahydrobenzaldehyde shall comply by the dates specified in 
paragraphs (p)(1)(ii) and (p)(1)(iii) of this section.
    3. Section 63.103 is amended by adding paragraph (b)(6) to read as 
follows:


Sec. 63.103  General compliance, reporting, and recordkeeping 
provisions.

    (b) * * *
    (6) The owner or operator of a flexible operation unit shall 
conduct all required compliance demonstrations during production of the 
primary product. The owner or operator is not required to conduct 
compliance demonstrations for operating conditions during production of 
a product other than the primary product. Except as otherwise provided 
in this subpart or in subpart G or subpart H of this part, as 
applicable, the owner or operator shall operate each control device, 
recovery device, and/or recapture device that is required or used for 
compliance, and associated monitoring systems, without regard for 
whether the product that is being produced is the primary product or a 
different product. Except as otherwise provided in this subpart, 
subpart G and/or subpart H of this part, as applicable, operation of a 
control device, recapture device and/or recovery device required or 
used for compliance such that the daily average of monitored parameter 
values is outside the parameter range established pursuant to 
Sec. 63.152(b)(2),

[[Page 44619]]

or such that the monitoring data show operation inconsistent with the 
monitoring plan established pursuant to Sec. 63.120(d)(2) or 
Sec. 63.181(g)(1)(iv), shall constitute a violation of the required 
operating conditions.
* * * * *

Subpart F--[Amended]

    4. Table 1 of subpart F is amended by removing the entry for 
acetaldol and its associated CAS number and group number.
[FR Doc. 97-22366 Filed 8-21-97; 8:45 am]
BILLING CODE 6560-50-P


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