Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules 3169

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6523–9]

RIN 2060–AH81

National Emission Standards for

Hazardous Air Pollutants for Source

Categories: Organic Hazardous Air

Pollutants From the Synthetic Organic

Chemical Manufacturing Industry and

Other Processes Subject to the

Negotiated Regulation for Equipment

Leaks

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; amendments.

SUMMARY: On April 22, 1994 and June 6,

1994, the EPA issued the ‘‘National

Emission Standards for Hazardous Air

Pollutants for Source Categories:

Organic Hazardous Air Pollutants from

the Synthetic Organic Chemical

Manufacturing Industry and Other

Processes Subject to the Negotiated

Regulation for Equipment Leaks.’’ This

rule is commonly known as the

Hazardous Organic NESHAP or the

HON. Today’s action proposes

amendments to the definition of the

term ‘‘process vent’’ and proposes to

add procedures for identifying ‘‘process

vents’’ in order to ensure consistent

interpretation of the term. The EPA is

also proposing revisions to several

provisions to the rule to reflect the

terminology used in the revised

definition of process vent. These

changes are being proposed to reduce

the burden associated with developing

operating permits for facilities subject to

the rule. Today’s action also proposes to

add provisions to allow off-site control

of process vent emissions and to add

provisions for establishing a new

compliance date under certain

circumstances. The EPA is also

proposing to add to appendix C of part

63 another procedure for use in

determining compliance with

wastewater treatment requirements. The

EPA is also proposing corrections and

clarifications to other provisions of the

rule to ensure that the rule is

implemented as intended.

These proposed amendments to the

rule will not change the basic control

requirements of the rule or the level of

health protection it provides. The rule

requires new and existing major sources

to control emissions of hazardous air

pollutants to the level reflecting

application of the maximum achievable

control technology.

DATES: Comments must be received on

or before February 22, 2000, unless a

hearing is requested by January 31,

2000. If a hearing is requested, you must

submit your comments on or before

March 6, 2000.

ADDRESSES: Address your comments to:

Air and Radiation Docket and

Information Center (6102), Attention

Docket Number A–90–19 (see docket

section below), Room M–1500, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460. If

possible, please submit two copies of

your written comments. You may also

submit comments electronically in

WordPerfect version 5.1, 6.1, or Corel

8 file format (or ASCII) by electronic

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

Public Hearing. If a public hearing is

held, EPA will hold the hearing 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

Janet Eck, U.S. Environmental

Protection Agency, Research Triangle

Park, NC 27711, telephone (919) 541–

7946.

Docket. Docket No. A–90–19 contains

the supporting information for the

original NESHAP and this action. You

may inspect this docket and copy

materials between 8:00 a.m. and 5:30

p.m., Monday through Friday. The

EPA’s Air and Radiation Docket and

Information Center is located at

Waterside Mall, Room M–1500, first

floor, 401 M Street, SW, Washington,

DC 20460. The telephone number for

the Air Docket and Information Center

is (202) 260–7548 or 260–7549. You

may have to pay a reasonable fee for

copying materials.

FOR FURTHER INFORMATION CONTACT: Dr.

Janet S. Meyer, Coatings and Consumer

Products Group, at (919) 541–5254

(meyer.jan@epamail.epa.gov). The

mailing address for the contact is

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711.

SUPPLEMENTARY INFORMATION: Docket.

The docket is an organized file of the

information considered by the EPA in

the development of this rulemaking.

The docket is a dynamic file, because

material is added throughout the

rulemaking development. The docketing

system is intended to allow members of

the public and industries involved to

readily identify and locate documents

so that they can effectively participate

in the rulemaking process. Along with

the proposed and promulgated

standards and their preambles, the

contents of the docket, except for certain

interagency documents, will serve as the

record for judicial review. (See the Act

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

Electronic Comments. If you submit

comments by e-mail, your comments

must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption. You may

also submit comments on a diskette in

WordPerfect version 5.1, 6.1, or Corel

8 file format (or ASCII). You must

identify the docket number A–90–19 at

the beginning of your comments. You

should not submit confidential business

information (CBI) through e-mail. You

may file electronic comments online at

many Federal depository libraries.

Regulated Entities. The regulated

category and entities affected by this

action include:

Category Examples of regulated entities

Industry ............................................................... 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. This

action is expected to be of interest to

owners and operators subject to this rule

who have process vents that may be

affected by these rule amendments and

to those owners or operators who are

sending vent streams (gas streams) to

another facility for disposal. 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 and are located at facilities

that are major sources as defined in

section 112 of the Clean Air Act (Act).

Potentially regulated entities generally

are companies that manufacture

industrial organic chemicals and cyclic

organic crude and intermediates. To

determine whether your facility is

3170 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

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

Janet Meyer (See FOR FURTHER

INFORMATION CONTACT).

Outline. The information presented in

the preamble is organized as follows:

I. Background on the Rule

II. Proposed Process Vent Changes

A. Process Vent Definition and Identification

of Gas Streams that Meet the Definition

B. Reporting Requirements Associated with

Proposed Change to the Definition of

Process Vent

C. Miscellaneous Conforming Edits

III. Off-Site Control or On-Site Third Party

Control of Process Vent Emissions

IV. Compliance Schedules

V. Miscellaneous Corrections and

Clarifications

A. Subpart F

B. Subpart G

C. Clarification of Compliance Demonstration

Requirements for Flares

D. Appendix C to Part 63

VI. Administrative Requirements

A. Executive Order 12866: Regulatory

Planning and Review

B. Executive Order 13084: Consultation and

Coordination with Indian Tribal

Governments

C. Executive Order 13045: Protection of

Children from Environmental Health

Risks and Safety Risks

D. Executive Order 13132 on Federalism

E. Unfunded Mandates Reform Act

F. Regulatory Flexibility/Small Business

Regulatory Enforcement Fairness Act of

1996

G. Paperwork Reduction Act

H. National Technology Transfer and

Advancement Act

I. Background on the Rule

On April 22, 1994 (59 FR 19402), and

June 6, 1994 (59 FR 29196), the EPA

(we) published in the Federal Register

the NESHAP for the synthetic organic

chemical manufacturing industry

(SOCMI), and for several other processes

subject to the equipment leaks portion

of the rule. These regulations were

promulgated as subparts F, G, H, and I

in 40 CFR part 63, and are commonly

referred to as the hazardous organic

NESHAP, or the HON. We have

published several amendments to clarify

various aspects of the rule since the

April 22, 1994 Federal Register

publication of the rule. See the

following Federal Register documents

for more information: September 20,

1994 (59 FR 48175); October 24, 1994

(59 FR 53359); October 28, 1994 (59 FR

54131); January 27, 1995 (60 FR 5321);

April 10, 1995 (60 FR 18020); April 10,

1995 (60 FR 18026); December 12, 1995

(60 FR 63624); February 29, 1996 (61 FR

7716); June 20, 1996 (61 FR 31435);

August 26, 1996 (61 FR 43698);

December 5, 1996 (61 FR 64571);

January 17, 1997 (62 FR 2721); August

22, 1997 (62 FR 44608); and December

9, 1998 (63 FR 67787).

In June 1994, the Chemical

Manufacturers Association (CMA) and

Dow Chemical Company (Dow) filed

petitions for review of the promulgated

rule in the U.S. Court of Appeals for the

District of Columbia Circuit, Chemical

Manufacturers Association v. EPA, 94–

1463 and 94–1464 (D.C. Cir.) and Dow

Chemical Company v. EPA, 94–1465

(D.C. Cir). The petitioners raised over 75

technical issues on the rule’s structure

and applicability. The petitioners raised

issues regarding details of the technical

requirements, drafting clarity, and

structural errors in the drafting of

certain sections of the rule. On August

26, 1996, we proposed clarifying and

correcting amendments to subparts F, G,

H, and I of part 63 to address the issues

raised by CMA and Dow on the April

1994 rule. On December 5, 1996 and

January 17, 1997, we took final action

on the amendments proposed on August

26, 1996. On August 22, 1997, we

proposed corrections to the definition of

‘‘enhanced biological treatment systems

or enhanced biological treatment

process’’ and conforming edits to

appendix C of part 63 to reflect these

changes to the definition. On December

9, 1998, we took final action on the

amendments proposed on August 22,

1997.

II. Proposed Process Vent Changes

A. Process Vent Definition and

Identification of Gas Streams that Meet

the Definition

In today’s amendments, we are

proposing to: (1) revise the definition of

the term ‘‘process vent’’; and (2) add a

new section 63.107 to subpart F to

provide instructions for identifying gas

streams that meet the definition of the

term ‘‘process vent.’’ These proposed

changes are intended to make it easier

to implement the rule and to ensure

consistent interpretation of the term

‘‘process vent.’’ We expect the proposed

changes to reduce the burden associated

with permitting facilities under the

Operating Permit Program while

maintaining the intended applicability

of the rule.

Currently, the rule defines a ‘‘process

vent’’ as:

* * * a gas stream containing greater than

0.005 weight percent total organic hazardous

air pollutants that is continuously discharged

during operation of the unit from an air

oxidation reactor, other reactor, or

distillation unit (as defined in this section)

within a chemical manufacturing process

unit that meets all applicability criteria

specified in § 63.100(b)(1) through (b)(3) of

this subpart. Process vents are gas streams

that are discharged to the atmosphere (with

or without passing through a control device)

either directly or after passing through one or

more recovery devices. Process vents exclude

relief valve discharges, gaseous streams

routed to a fuel gas system(s), and leaks from

equipment regulated under subpart H of this

part.

Our intent in this definition is to define

a ‘‘process vent’’ from its point of

origination within a chemical

manufacturing process unit—‘‘from an

air oxidation reactor, other reactor, or

distillation unit’’—to where it is

ultimately discharged to the

atmosphere. Once a process vent is

identified under the HON, applicability

of control requirements to the gas

stream is determined after the last

recovery device (if any recovery devices

are present) but prior to the inlet of any

control device that is present and prior

to release to the atmosphere. The

objective of this approach is to ensure

that applicability of the rule remains

with the operation creating the gas

stream.

In recent months, industry

representatives have stated that they

understand the definition to define a

process vent as the discharge point to

the atmosphere. These industry

representatives have raised concerns

that our interpretation of the definition

would significantly alter the

information that must be submitted as

part of an operating permit application

and included in an operating permit.

Specifically, industry representatives

have expressed concerns that because a

process vent is an ‘‘emission point,’’ the

operating permit rule would require

submittal of information on all gas

streams originating from HON process

units and all processes receiving these

gas streams. Because HON process units

frequently send gas streams to

numerous other process units

throughout a plant site, they have

argued that it would be very

burdensome to provide information on

every gas stream originating from a HON

process unit. Industry representatives

have also questioned whether this

language could result in some people

classifying process equipment (such as

downstream distillation units and

reactors) as control equipment.

We considered the implementation

issues associated with the existing

definition of ‘‘process vent’’ and

concluded that a new approach toward

identification of gas streams subject to

the control requirements would be

appropriate. This approach consists of:

(1) Defining a process vent as a

discharge point instead of as a gas

stream; (2) adding a section to subpart

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F to ennumerate characteristics of gas

streams that when discharged would be

subject to the process vent provisions;

and (3) adding additional reporting

requirements to § 63.151 and § 63.152 to

ensure that the point of origination of a

gas stream is identified as well as the

point of discharge. This group of

amendments is expected to achieve the

outcome that was originally intended

while addressing implementation

problems.

1. New Definition of Process Vent

We are proposing to revise the

definition of ‘‘process vent’’ to read:

* * * the point of discharge to the

atmosphere (or the point of entry into a

control device, if any) of a gas stream if the

gas stream has the characteristics specified in

§ 63.107(b) through (h) of this subpart or

meets the criteria specified in § 63.107(i) of

this subpart. For purposes of §§ 63.113

through 63.118, all references to the

characteristics of a process vent (e.g., flow

rate, total HAP concentration, or TRE index

value) shall mean the characteristics of the

gas stream.

Under this definition, the emission

points that would be identified as

process vents in the permit application

and the operating permit would be the

points of discharge to the atmosphere of

a gas stream (meeting certain criteria)

created by a HON chemical

manufacturing process unit.

2. Section 63.107—Identification of

Process Vents

We are proposing to add a new

section, § 63.107, to subpart F to specify

the characteristics that distinquish those

gas streams that were intended to be

regulated as process vents from gas

streams that were never intended to be

regulated as process vents. In order to

do this, we have identified: (1) Those

characteristics that a gas stream must

have in order for the discharge to be

subject to the process vent provisions;

(2) those characteristics that would

exclude a gas stream from such

applicability; and (3) criteria for

prevention of circumvention. We do not

intend for proposed § 63.107 to impose

any recordkeeping requirement for the

determination of process vents

associated with chemical manufacturing

process units subject to the HON. Our

intent is for this section to ennumerate

the characteristics of gas streams that on

ultimate discharge would be regulated

as a process vent.

Characteristics of Process Vents.

Proposed § 63.107 specifies that the gas

stream must originate from an air

oxidation reactor, distillation unit, or

other reactor. This proposed section

includes the same flow and

concentration criteria used in the

existing definition of process vent.

Paragraphs (b) through (g) of this

proposed section also provide a more

complete description of the flow

characteristics of the gas stream than is

currently provided by the definition.

These paragraphs address the flow

characteristics of the gas stream, the

manner of discharge of the gas stream,

and the location of discharge of the gas

stream.

Exclusions from the process vent

definition. The proposed § 63.107 also

specifies gas streams that on ultimate

discharge would not be subject to the

process vent provisions of the rule.

These exclusions are listed in proposed

paragraph (h). They include items

previously excluded from the definition

such as relief valve discharges and gas

streams routed to fuel gas systems. We

have also included in paragraph (h) an

exclusion for productive uses of gas

streams and an exclusion for gas streams

that are regulated under other sections

of the rule.

In paragraph (h)(5), we have provided

that if a gas stream is sent to another

process for reaction or other productive

use in another process, it is not

considered to be a gas stream which

would be subject to the HON control

requirements. In such cases, the control

requirements would be determined with

respect to the process that ultimately

discharges the gas stream to the

atmosphere. For example, if a HON

process unit sends a gas stream

containing butadiene to a process unit

producing polybutadiene rubber, the gas

stream would be subject to requirements

of 40 CFR part 63, subpart U (Group I

Polymers and Resins) assuming that

other applicability criteria for that rule

are met.

Paragraph (h)(6) provides that gas

streams that are transferred for fuel

value are also not considered to be

process vents. In this case, the gas

stream is being used as, or with, primary

fuel for process heaters or other

combustion devices and as such will be

efficiently combusted.

Also, to avoid potential

misunderstandings, we are clarifying

that the following gas streams are not

considered process vents at the

discharge point: (1) Gas streams

discharged to the atmosphere from

control devices subject to § 63.113, (2)

gas streams from storage vessels, (3) gas

streams from transfer operations, (4) gas

streams from waste management units,

and (5) gas streams from process

analyzers. These gas streams were not

intended to be addressed by the process

vent requirements of the rule. These gas

streams are being explicitly excluded in

this proposed approach to remove any

potential ambiguity concerning

applicability of the process vent

requirements.

Activities of concern. We are also

proposing to add a new paragraph

§ 63.107(i), which lists certain activities

of concern to the EPA. The listed

activities are similar to (and if not listed

in paragraph (i), might have been

mistaken for) certain productive uses

that are excluded from the definition of

‘‘process vent.’’ To avoid possible

misunderstandings, paragraph (i)

provides that the listed activities do not

avoid the ‘‘process vent’’ requirements

of subpart G. In other words, if there

would have been a process vent in the

absence of these activities, there is still

a process vent.

For example, streams that change

from the gas phase to the liquid phase

are normally not subject to ‘‘process

vent’’ requirements. However, it may be

possible for an owner or operator to

temporarily liquefy a gas stream without

a valid process purpose simply to avoid

classifying the emission point as a

process vent. The proposed paragraph

(i) specifies that, in such a case, the

emission point is still a process vent.

As a second example, gas streams are

often routed, for a valid process

purpose, through other process

equipment before discharge. In such

cases, although some standards under

part 63 may classify the emissions from

other process equipment as ‘‘process

vent’’ emissions, the HON does not.

However, we are concerned that an

owner or operator might route a gas

stream to a piece of equipment, such as

a storage vessel, without a valid process

purpose simply to avoid having the

process vent requirements apply.

Paragraph (i) provides that any routing

of a gas stream through equipment

without a process purpose does not

avoid the ‘‘process vent’’ requirements.

In this regard, we also wish to clarify

that for purposes of paragraph (i),

providing inert ‘‘padding’’ for a storage

vessel is not considered to be a process

purpose.

As a third example, gas streams that

are used as fuels are normally not

subject to the ‘‘process vent’’

requirements of the HON. However, we

are concerned that an owner or operator

might interpret this to allow routing a

gas stream to a substandard flare or

incinerator (one that was not designed

to achieve the destruction efficiency

required by subpart G) and saying the

stream is not a process vent. Regardless

of whether combustion of the gas stream

in a substandard flare or incinerator is

a fuel use, it is also a form of emission

control that does not comply with the

3172 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

standards of subpart G. Consequently,

paragraph (i) specifies that streams used

in this manner are not exempt from any

‘‘process vent’’ requirements that would

otherwise apply. We wish also to clarify

that the wording ‘‘a flare that does not

meet the criteria in section 63.11(b) or

an incinerator that does not reduce

emissions of organic hazardous air

pollutants by 98 percent or to a

concentration of 20 ppm by volume’’ in

paragraph (i) is intended to describe the

design characteristics of the flare or

incinerator, not the actual performance

at any given moment. An excursion, in

which a flare or incinerator temporarily

fails to achieve those requirements,

would not cause the gas stream to

trigger the process vent requirements.

B. Reporting Requirements Associated

with Proposed Change to the Definition

of Process Vent

We are also proposing to amend

§ 63.151(e) and to add a new paragraph,

§ 63.152(d)(4). These two paragraphs

would require owners or operators to

identify, for each process vent at the

source, the chemical manufacturing

process unit that creates the process

vent, the type of unit operation that

creates the vent stream, and either the

last recovery device, if Group 2 process

vent, or the control device and other

equipment used for compliance. We

consider submittal of this information to

be an important part of the proposed

change to define a process vent as a

point of discharge to the atmosphere.

This information is necessary to allow

effective enforcement of the revised

definition.

C. Miscellaneous Conforming Edits

Today’s proposed amendments also

include proposed amendments to

several provisions and definitions in the

rule to reflect today’s proposed

definition of process vent. The proposed

amendments include:

• Revisions to the definition of

‘‘Group 1 process vent,’’ ‘‘Group 2

process vent,’’ and ‘‘vent stream’’ to

reflect the new definition of process

vent as a point of discharge to the

atmosphere.

• Revisions to paragraphs (a)(3) and

(c) of § 63.113 to use the defined terms

‘‘process vent’’ and ‘‘halogenated vent

streams’’ instead of the undefined terms

‘‘vent’’ and ‘‘halogenated Group 1

process vents.’’

• Revisions to the second sentence in

§ 63.114(a)(3) to use the defined term

‘‘process vent’’ instead of the term

‘‘vent,’’ which is not defined in the rule.

• Revisions to § 63.114(d) to reflect

the proposed revisions to the definition

of process vent. The proposed changes

are: (1) To monitor any bypass line for

potential by-passes that could divert the

gas stream to the atmosphere instead of

monitoring for diversions from a control

device; and (2) to specify that this

obligation applies between the origin of

the gas stream and the point where the

gas stream reaches the process vent.

These changes are a necessary part of

the revised approach toward definition

of a process vent.

• Revisions to several paragraphs in

§ 63.115 and § 63.116 and to

§ 63.117(a)(6), § 63.117(a)(8), and

§ 63.118(e)(1) to use the term ‘‘vent

stream’’ instead of ‘‘process vent

stream.’’ This change is being proposed

because the gas stream is not a process

vent and to use a defined term.

• Revisions to § 63.117, paragraph (a)

introductory text to refer to the defined

term ‘‘Group 1 process vents’’ instead of

‘‘Group 1 process vent streams.’’

• Revision of paragraph (a)(4)(iv) of

§ 63.117 to refer to ‘‘vent streams

introduced with combustion air

* * * ’’ This revision is being proposed

to reflect the proposed change in

terminology.

III. Off-Site Control or On-Site Third

Party Control of Process Vent Emissions

Today’s proposed amendments

include provisions to address the

transfer off-site or to a third party onsite for disposal gas streams that have

the characteristics of a process vent

(specified in proposed § 63.107(b)

through (h)) or meet the criteria in

proposed § 63.107(i) and that have the

characteristics of Group 1 process vents.

We would add these proposed

amendments to 40 CFR 63.113 as a new

paragraph (i). Presently, the rule does

not address situations where a gas

stream is sent to another facility or a

third party for disposal. Consequently,

there is some ambiguity concerning who

is responsible for compliance activities.

We are proposing to add these

provisions to address this oversight in

the original drafting of the rule.

The proposed provisions to allow offsite or on-site third party control would

require the owner/operator transferring

the gas stream to comply with the

provisions specified in 40 CFR

63.114(d) prior to transfer. The owner or

operator may not transfer the gas stream

unless the transferee has submitted to

EPA a written certification that the

transferee will manage and control, in

accordance with subpart G, any gas

streams that meet the characteristics of

a Group 1 process vent at the point of

transfer that were received from a

source subject to the requirements of

subparts F and G. The proposed

provisions require the owner or operator

to notify the third party that the gas

stream has to be handled and controlled

in accordance with the requirements of

the rule.

The proposed provisions would

require that statements of compliance

with the rule by a third party need only

be submitted to EPA; the provisions do

not contain or envision any requirement

that EPA approve the written statements

before transfers of such gas streams to

off-site facilities are permitted. The

proposed provisions provide, however,

that EPA may take enforcement action

against the transferee in the event that

the transferee violates the pertinent

HON process vent provisions.

We are proposing to clarify this

compliance approach in recognition that

in some instances gas streams subject to

the HON process vent provisions are

now being sent to another facility or a

third party for disposal. We are doing

this to provide a means to allow

transfers of control responsibility

without imposing liability for actions of

another party on the owner or operator

of the HON source.

Definition of point of transfer. We are

also proposing to add a definition of

‘‘point of transfer’’ to subpart G. This

proposed definition is used to specify

the location where the applicability of

control requirements is determined (i.e.,

where the total resource effectiveness

(TRE) index value is determined) in

situations where a gas stream is sent to

a third party for disposal. This term is

used in the proposed provisions for offsite control or on-site control not owned

or operated by the source (§ 63.113(i)).

Reporting requirements associated

with off-site or third party treatment

option. Today’s proposed action also

includes proposed amendments to

§ 63.152 (b)(6) and (c)(4)(iv), and adds a

paragraph (d)(4) to require reporting of

the name and location of the transferee,

the identification of the Group 1 process

vent, and changes in the identity of the

transferee. These reports are necessary

to permit effective enforcement of the

proposed provisions in § 63.113(i) for

third party disposal of gas streams.

IV. Compliance Schedules

We are proposing to amend § 63.100

by adding a paragraph (q) to allow

establishment of site-specific

compliance dates under three

circumstances. The first circumstance

concerns situations where the transferee

does not elect to submit a certification

and ceases to accept the gas stream for

disposal. The second circumstance

concerns situations where the transferee

had previously submitted a written

certification and later revokes the

written certification. The third

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circumstance applies to cases where the

inability to meet the applicable

compliance date arises due to today’s

proposed amendments and is not one of

the previously described situations.

For all three of these requests, the

owner or operator must submit a

proposed compliance schedule and a

justification for the time requested. For

cases where the need for additional time

to comply with the rule arose solely due

to today’s proposed amendments, the

owner or operator must also submit an

explanation of why they need a new

compliance date in addition to the

previously mentioned proposed

compliance schedule and justification.

In addition, for cases when the

transferee revokes the certification, the

owner or operator must also submit an

explanation of why they need a new

compliance date and a description of

the measures that will be taken to

minimize excess emissions until the

new compliance date. In your

description of measures to minimize

emissions, you must include a schedule

when each measure will be first

implemented and how and to what

extent the measure will reduce

emissions. For the last two cases, we

would review the request for the

compliance extension for the right to

have additional time as well as the

actual length of the compliance

extension. In the first case, we would

review only the length of compliance

extension requested.

We are proposing these amendments

in recognition that the provisions

concerning third party control of gas

streams sent for disposal are potentially

imposing new requirements. We are

proposing to address these compliance

timing issues through review of

individual requests since the time

required for sources to comply with

these new provisions will depend on

site-specific factors. The proposed

requirement for mitigating measures to

reduce emissions for situations where

the transferee revokes certification is

intended to ensure that all reasonable

measures are taken to ensure that

emissions are not increased.

We further recognize that the

proposed amendments to the definition

of process vent and the proposed

§ 63.107 may also affect the compliance

status of some facilities. The intent of

the proposed provisions allowing

owners or operators to request a

compliance schedule for these cases is

intended to efficiently manage the effect

of these proposed rule changes.

V. Miscellaneous Corrections and

Clarifications

We are also proposing to amend

several additional paragraphs in

subparts F and G to correct drafting

errors and address oversights. These

problems were identified during the

review of the rule to address the

implementation issues associated with

the rule’s definition of process vent. In

addition, we are proposing amendments

to some of the wastewater provisions to

correct drafting errors and oversights in

those sections of the rule.

A. Subpart F

Section 63.100(e). We are proposing

to revise § 63.100(e) by adding a new

first sentence to the paragraph that

states that the source is the collection of

all chemical manufacturing process

units at a major source that meet the

applicability criteria in § 63.100(b)(1)

through (b)(3). We are also proposing

several minor edits to § 63.100(e) to

reflect this additional sentence. We are

doing this to make it clearer that the

source is comprised of all the

equipment and operations associated

with the process units subject to the

rule. We expect that this proposed

revision should reduce questions

concerning which equipment is

considered to be in the source and

thereby simplify reconstruction

determinations.

Batch process vent changes. We are

proposing to amend § 63.100(j)(4) and to

add a definition of ‘‘batch process vent’’

to § 63.101 to correct a drafting error.

We are revising § 63.100(j)(4) to refer to

‘‘batch process vents’’ instead of the

term ‘‘process vent.’’ This change is

necessary because, in the rule, the term

‘‘process vent’’ only applies to

continuous discharges from specific

types of equipment. As such, it was

improperly applied to the case being

addressed in § 63.100(j)(4). To describe

the type of operation that we intended

to exclude by the provision in

§ 63.100(j)(4), we are proposing to

define ‘‘batch process vent’’ as:

Batch process vent means gaseous

venting to the atmosphere from a batch

operation. Our intent with the process vent

provisions of the rule was to address

operations that created continuous

gaseous discharges during the operation

of the process unit.

B. Subpart G

Section 63.110(a). We are proposing

to amend § 63.110(a) to include inprocess equipment subject to § 63.149 of

subpart G. We overlooked the need to

amend this paragraph in preparation of

the January 17, 1997 amendments to the

rule. Today’s action would correct that

error.

Miscellaneous conforming edits to

process vent provisions (§§ 63.113 to

63.118). We are also proposing to amend

several paragraphs in subpart G to

improve consistency in terminology.

These changes are:

• Revision of § 63.113(e) to refer to

the defined term ‘‘TRE index value’’

instead of ‘‘TRE index.’’

• Revision of § 63.113(g) to refer to

‘‘total organic HAP concentration’’

instead of ‘‘concentration.’’ This

proposed change would correct unclear

language in this paragraph.

• Revision of the term ‘‘gas stream

flow’’ in the introductory language to

§ 63.114(a)(4)(ii) and in

§ 63.114(a)(4)(ii)(C) to read ‘‘gas flow

rate.’’

We are also proposing to revise

§ 63.118(a)(3) and (f)(3) to require

records for periods when the gas stream

is diverted to the atmosphere instead of

records for periods when the gas stream

is diverted from the control device.

These revisions will make the

recordkeeping requirement consistent

with the monitoring requirement. We

overlooked the need for these changes

when we made the January 17, 1997

amendments to the rule that revised the

wording of the monitoring requirement.

Miscellaneous amendments to

wastewater provisions in §§ 63.132

through 63.147 and tables to subpart G.

We are proposing changes to these

sections of subpart G to address a

number of minor drafting errors and

oversights in the January 17, 1997

amendments to the rule. The sections

and the associated proposed revisions

are:

• § 63.132(a)(3) and (b)(4)—these

paragraphs currently send the reader to

the recordkeeping and reporting

provisions in §§ 63.146 and 63.147.

However, at this time there is no

explicit statement that Group 2

wastewater streams are also subject to

the recordkeeping and reporting

requirements despite table 15 of subpart

G requiring such information. Today’s

proposal would explicitly specify these

requirements for Group 2 wastewater

streams and would add cross references

for them to § 63.132(a)(3) and (b)(4).

• § 63.138(i)—Today’s proposed

amendments are to clarify that in some

cases, process wastewater streams

included in the 1 megagram (Mg)

exemption from treatment requirements

in § 63.138(b) and (c) are also exempt

from the suppression requirements in

§§ 63.133 through 63.137. In cases

where the mass flow rate is determined

at the point of determination, it was

never our intent to require suppression

3174 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

of these wastewater streams. We

intended to require suppression of the

partially treated streams that are part of

the 1 Mg exemption option provided in

§ 63.138(i)(2). The proposed

amendments would also clarify that

process wastewater streams included in

the 1 Mg exemption must be identified

in the Notification of Compliance Status

for both options presented in § 63.138(i).

The current text inadvertently omitted

stating this requirement explicitly for

the option that requires all Group 1

wastewater streams at the source to have

a mass flow rate less than 1 Mg per year

(§ 63.138(i)(1)). (Identification of all

Group 1 and Group 2 wastewater

streams is currently required to be

included in the Notification of

Compliance in Table 15.)

• § 63.146(b)(1)—The proposal would

add a statement of the reporting

requirements for Group 2 wastewater

streams. The proposed text is consistent

with the information presently required

by Table 15 to subpart G. Paragraph

(b)(1) is presently a reserved paragraph

in subpart G.

• § 63.147(b)(8)—The proposed

amendment would clarify the

recordkeeping requirements for Group 2

wastewater streams. The proposed

addition to this section is consistent

with the information presently required

by Table 15 to subpart G.

• § 63.147(d) introductory text,

paragraphs (d)(2) and (d)(3)—The

proposed amendments would clarify

requirements for non-regenerative

carbon adsorbers. Section 63.147(d)

only specifies the records to keep in lieu

of daily averages for regenerative carbon

adsorbers. Due to an oversight, the

present rule text does not specify the

required records for non-regenerative

carbon adsorbers. Presumably, without

today’s correction, facilities operating

non-regenerative carbon adsorbers

would have to keep daily averages,

which is not EPA’s intent. Today’s

amendments would provide an

alternative to daily averages for nonregenerative carbon adsorbers. The

proposed amendments would also make

this section of the rule consistent with

Table 13 to subpart G.

• Table 12 to subpart G—The

proposed amendments would remove

‘‘design’’ and the reference to

§ 63.138(d) from item 2 of the table. We

intended that the continuous

monitoring requirements specified in

item 2 apply to all steam strippers used

to comply with the wastewater

provisions in subpart G, not just design

steam strippers. Without this change,

owners or operators of sources using

steam strippers to comply with the

wastewater treatment requirements are

required to request approval of the

monitoring parameters. It was not EPA’s

intent to require approval for these

parameters.

• Table 20 to subpart G—The

proposed amendments would add

requirements for non-regenerative

carbon absorbers. These amendments

are necessary because we omitted nonregenerative carbon adsorbers from this

table. See discussion accompanying

§ 63.147(d) for further explanation of the

need for this amendment.

Section 63.151(b)(1)(iii). We are

proposing to correct a drafting error in

§ 63.151(b)(1)(iii). This paragraph in the

rule requires identification of the kinds

of emission points within the chemical

manufacturing process units that are

subject to subpart G. The proposed

amendment to § 63.151(b)(1)(iii) would

replace the phrase ‘‘within the chemical

manufacturing process unit’’ with the

phrase ‘‘within the source.’’ This change

is necessary because wastewater streams

are not included in the definition of the

chemical manufacturing process unit,

but they are part of the source regulated

by the HON. Consequently, this

reporting requirement does not

accomplish its intended purpose.

Therefore, we are proposing to revise

§ 63.151(b)(1)(iii) to require

identification of the kinds of emission

points within the source that are subject

to subpart G.

C. Clarification of Compliance

Demonstration Requirements for Flares

We are proposing amendments to

§ 63.116(a), § 63.128(b), § 63.14(j), and

§ 63.180(e) to clarify that a compliance

demonstration for flares must be

conducted using the provisions found in

§ 63.11(b). Specifically, we are now

specifying that the owner or operator

must (1) conduct a visible emission test,

(2) determine the net heating value of

the gas being combusted, and (3)

determine the actual exit velocity. In

each case, we are specifying specific

procedures required in 63.11(b) for the

determination. We are adding this more

explicit language to the rule to address

questions concerning the obligation to

do these compliance determinations.

We intend this change to remove any

doubt concerning the applicability of

these requirements.

D. Appendix C to Part 63

We are proposing to amend appendix

C to part 63 to add a concentration

measurement procedure for determining

the fraction biodegraded (fbio) in

biological treatment units that are not

thoroughly mixed, and thus, have

multiple zones of mixing. As part of

these proposed revisions, we are

proposing to add a Form XIII to

appendix C to part 63, and we are

proposing conforming edits to section I

to refer to the new procedure in section

III.E.

The purpose of adding this new

procedure, called Multiple Zone

Concentration Measurements, to

appendix C is to provide an alternative

concentration measurement test that can

be used for units with multiple zones of

mixing. The present concentration

measurement procedure in appendix C,

called the Inlet and Outlet

Concentration Measurement Procedure,

can only be used for thoroughly mixed

treatment units. To use this new

multiple zone procedure, you would

identify zones with substantially

uniform characteristics and would

measure representative organic

compound concentrations within the

biological treatment unit as well as the

inlet and outlet of the biological

treatment unit. The estimated mass

transfer coefficient for each compound

is determined using the characteristics

of each zone. You calculate fbio for each

compound and each zone using Form

XIII.

In addition to adding the Multiple

Zone Concentration Measurements

Procedure to appendix C, we are also

proposing corrections to a term in

Equation App. C–6 and to clarify that

Equation App. C–4 is the solution to

Equation App. C–3.

VI. Administrative Requirements

A. Executive Order 12866: Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether a regulatory action is

‘‘significant’’ and, therefore, subject to

Office of Management and Budget

(OMB) review and the requirements of

the Executive Order. The Executive

Order defines ‘‘significant’’ regulatory

action as one that is likely to 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

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules 3175

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this

proposed rule is not a ‘‘significant

regulatory action’’ within the meaning

of the Executive Order and is therefore

not subject to OMB review. These

proposed changes to the HON are

primarily technical and administrative

and do not raise any novel legal or

policy issues. These proposed changes

are not expected to impose significant

new costs. This proposed action will not

have an annual effect on the economy

of $100 million or other adverse

economic impacts, not create any

inconsistencies with other actions by

other agencies, not alter any budgetary

impacts, or raise any novel legal or

policy issues.

B. Executive Order 13084: Consultation

and Coordination with Indian Tribal

Governments

Under Executive Order 13084, the

EPA may not issue a regulation that is

not required by statute, that

significantly or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the OMB, in

a separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.’’

Today’s proposed amendments to the

rule would not significantly or uniquely

affect the communities of Indian tribal

governments. The proposal would

amend the definition of ‘‘process vent’’

and would make other technical and

administrative changes to the rule.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this proposed rule.

C. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), applies to any rule that:

(1) is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

the EPA has reason to believe may have

a disproportionate effect on children. If

the regulatory action meets both criteria,

the EPA must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The EPA interprets Executive Order

13045 as applying only to those

regulatory actions that are based on

health or safety risks, such that the

analysis required under section 5–501 of

the Executive Order has the potential to

influence the regulation. This action is

not subject to Executive Order 13045

because it is based on technology

performance and not on health or safety

risks.

D. Executive Order 13132 on Federalism

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

If EPA complies by consulting,

Executive Order 13132 requires EPA to

provide to OMB, in a separately

identified section of the preamble to the

rule, a federalism summary impact

statement (FSIS). The FSIS must include

a description of the extent of EPA’s

prior consultation with State and local

officials, a summary of the nature of

their concerns, and the Agency’s

position supporting the need to issue

the regulation, and a statement of the

extent to which the concerns of State

and local officials have been met. Also,

when EPA transmits a draft final rule

with federalism implications to OMB for

review pursuant to Executive Order

12866, EPA must include a certification

from the Agency’s Federalism Official

stating that EPA has met the

requirements of Executive Order 13132

in a meaningful and timely manner.

These proposed amendments to the

final rule will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. Today’s

proposed amendments would not

impose any enforceable duties on these

entities. The proposal would amend the

definition of ‘‘process vent’’ and would

make other technical and administrative

changes to the rule. Thus, the

requirements of section 6 of the

Executive Order do not apply to these

proposed amendments to the final rule.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of UMRA, the

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed or final rules with

‘‘Federal mandates’’ 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

in any 1 year. Before promulgating an

EPA rule for which a written statement

is needed, section 205 of the UMRA

generally requires the EPA to identify

and consider a reasonable number of

regulatory alternatives and adopt the

least costly, most cost-effective, or least

burdensome alternative that achieves

the objectives of the rule. The

provisions of section 205 do not apply

when they are inconsistent with

applicable law. Moreover, section 205

allows the EPA to adopt an alternative

3176 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

other than the least costly, most costeffective, or least burdensome

alternative if the Administrator

publishes with the final rule an

explanation why that alternative was

not adopted. Before the EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that today’s

proposed action does not contain 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 in any 1 year. Therefore,

the requirements of sections 202 and

205 of the UMRA do not apply to this

action. The EPA has likewise

determined that the action proposed

today does not include any regulatory

requirements that might significantly or

uniquely affect small governments.

Thus, today’s action is not subject to the

requirements of section 203 of the

UMRA.

F. Regulatory Flexibility/Small Business

Regulatory Enforcement Fairness Act of

1996

The Regulatory Flexibility Act of 1980

(RFA) (5 U.S.C. 601, et seq.), as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), requires the EPA to

give special consideration to the effect

of Federal regulations on small entities

and to consider regulatory options that

might mitigate any such impacts. The

EPA is required to prepare a regulatory

flexibility analysis and coordinate with

small entity stakeholders if the Agency

determines that a rule will have a

significant economic impact on a

substantial number of small entities.

The EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

these proposed amendments to the rule.

The EPA has also determined that these

amendments will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and small government

jurisdictions. See the April 22, 1994

Federal Register (59 FR 19449) for the

basis for this determination. The

proposed changes are primarily

technical and administrative, and are

not expected to impose significant new

costs. The EPA does not anticipate that

the proposed changes will create any

significant additional burden for any of

the regulated entities.

G. Paperwork Reduction Act

The 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. 1414.03) and a

copy may be obtained from Sandy

Farmer, OP 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 an information collection

request 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 chapter 15.

Today’s proposed amendments to the

rule should have a very minor effect on

the information collection burden

estimates made previously. Based on

discussions with industry

representatives, EPA believes that this

action would result in less than a 2

percent increase in the estimated

information collection burden. This

potential increase would include the

burden associated with identification of

and submittal of compliance

documentation for previously

unreported process vents subject to this

rule. The potential increase would also

include the burden associated with

preparation of a supplemental report to

identify the point of origination of the

reported process vents as well as the

discharge point. The EPA also estimates

that a small (less than 2 percent)

number of facilities may be required to

install controls as a result of today’s

proposed changes. The EPA considers

these changes to the rule to represent a

clarification of the definition of process

vent and the reporting requirements for

process vents. Thus, EPA considers

these potential increases in the burden

estimate to be well within the

uncertainty of the analysis.

Consequently, the ICR has not been

revised for these proposed amendments

to the rule.

H. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Pub. L. No. 104–

113, § 12(d) (15 U.S.C. 272 note), directs

the EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, business

practices, etc.) that are developed or

adopted by voluntary consensus

standard bodies. The NTTAA directs the

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This proposed action includes

amendments to appendix C to add

another procedure for determining

fraction biodegraded. Therefore, we

conducted a search to identify

potentially applicable voluntary

consensus standards for this case.

However, we identified no such

standards. Therefore, EPA proposes to

add this additional procedure to

appendix C. The EPA welcomes

comments on this aspect of the

proposed rulemaking and, specifically,

invites the public to identify

potentially-applicable voluntary

consensus standards and to explain why

such standards should be used in this

regulation.

In the event commenters identify

potentially-applicable voluntary

consensus standards, EPA will carefully

evaluate whether these procedures are

viable alternatives to the proposed

procedure. However, EPA does not

anticipate that there will be any

standards identified that are equivalent

in terms of stringency and other criteria.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous

substances, Reporting and

recordkeeping requirements.

Dated: January 10, 2000.

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.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules 3177

Subpart F—National Emission

Standards for Organic Hazardous Air

Pollutants From the Synthetic Organic

Chemical Manufacturing Industry

2. Section 63.100 is amended by

revising paragraph (e) introductory text,

by revising paragraph (j)(4), and by

adding paragraph (q) to read as follows:

§ 63.100 Applicability and designation of

source.

* * * * *

(e) The source to which this subpart

applies is the collection of all chemical

manufacturing process units and the

associated equipment at a major source

that meet the criteria specified in

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

section. The source includes the process

vents; storage vessels; transfer racks;

waste management units; maintenance

wastewater; heat exchange systems;

equipment identified in § 63.149; and

pumps, compressors, agitators, pressure

relief devices, sampling connection

systems, open-ended valves or lines,

valves, connectors, instrumentation

systems, surge control vessels, and

bottoms receivers that are associated

with that collection of chemical

manufacturing process units. The source

also includes equipment required by, or

utilized as a method of compliance

with, subparts F, G, or H of this part

which may include control devices and

recovery devices.

* * * * *

(j) * * *

(4) Batch process vents within a

chemical manufacturing process unit.

* * * * *

(q) If the owner or operator of a

process vent, or of a gas stream

transferred subject to § 63.113(i), is

unable to comply with the provisions of

§§ 63.113 through 63.118 by the

applicable compliance date specified in

paragraph (k),(l), or (m) of this section

for the reasons stated in paragraph

(q)(1),(q)(3), or (q)(5) of this section, the

owner or operator shall comply with the

applicable provisions in §§ 63.113

through 63.118 as expeditiously as

practicable, but in no event later than

the date approved by the Administrator

pursuant to paragraph (q)(2), (q)(4), or

(q)(6) of this section, respectively. For

requests under paragraph (q)(1) or (q)(3)

of this section, the date approved by the

Administrator may be earlier than, and

shall not be later than, the later of

[DATE 3 YEARS AFTER DATE OF

PUBLICATION OF FINAL RULE IN

THE Federal Register] or 3 years after

the transferee’s refusal to accept the

stream for disposal. For requests

submitted under paragraph (q)(5) of this

section, the date approved by the

Administrator may be earlier than, and

shall not be later than, 3 years after the

date of promulgation of the amendments

to this subpart or to subpart G of part

63 which created the need for an

extension of the compliance.

(1) If the owner or operator has been

sending a gas stream for disposal as

described in § 63.113(i) prior to [DATE

OF PUBLICATION OF FINAL RULE IN

THE Federal Register], and the

transferee does not submit a written

certification as described in

§ 63.113(i)(2) and ceases to accept the

gas stream for disposal, the owner or

operator shall comply with paragraph

(q)(2) of this section.

(2)(i) An owner or operator directed to

comply with paragraph (q)(2) of this

section shall submit to the

Administrator for approval a

compliance schedule, along with a

justification for the schedule.

(ii) The compliance schedule and

justification shall be submitted no later

than 90 days after the transferee ceases

to accept the gas stream for disposal.

(iii) The Administrator shall approve

the compliance schedule or request

changes within 120 days of receipt of

the compliance schedule and

justification.

(3) If the owner or operator has been

sending the gas stream for disposal as

described in § 63.113(i) to a transferee

who had submitted a written

certification as described in

§ 63.113(i)(2), and the transferee revokes

its written certification, the owner or

operator shall comply with paragraph

(q)(4) of this section. During the period

between the date when the owner or

operator receives notice of revocation of

the transferee’s written certification and

the compliance date established under

paragraph (q)(4) of this section, the

owner or operator shall implement, to

the extent reasonably available,

measures to prevent or minimize excess

emissions to the extent practical. For

purposes of this paragraph (q)(3) of this

section, the term ‘‘excess emissions’’

means emissions in excess of those that

would have occurred if the transferee

had continued managing the gas stream

in compliance with the requirements in

§§ 63.113 through 63.118. The measures

to be taken shall be identified in the

applicable start-up, shutdown, and

malfunction plan. If the measures that

can be reasonably taken will change

over time, so that a more effective

measure which could not reasonably be

taken initially would be reasonable at a

later date, the Administrator may

require the more effective measure by a

specified date (in addition to or instead

of any other measures taken sooner or

later than that date) as a condition of

approval of the compliance schedule.

(4)(i) An owner or operator directed to

comply with paragraph (q)(4) of this

section shall submit to the

Administrator for approval the

documents specified in paragraphs

(q)(4)(i)(A) through (E) of this section no

later than 90 days after the owner or

operator receives notice of revocation of

the transferee’s written certification.

(A) A request for determination of a

compliance date.

(B) A justification for the request for

determination of a compliance date.

(C) A compliance schedule.

(D) A justification for the compliance

schedule.

(E) A description of the measures that

will be taken to minimize excess

emissions until the new compliance

date, and the date when each measure

will first be implemented. The owner or

operator shall describe how, and to

what extent, each measure will

minimize excess emissions, and shall

justify any period of time when

measures are not in place.

(ii) The Administrator shall approve

or disapprove the request for

determination of a compliance date and

the compliance schedule, or request

changes, within 120 days after receipt of

the documents specified in paragraphs

(q)(4)(i)(A) through (E) of this section.

Upon approving the request for

determination and compliance

schedule, the Administrator shall

specify a reasonable compliance date

consistent with the introductory text in

paragraph (q) of this section.

(5) If the owner’s or operator’s

inability to meet otherwise applicable

compliance deadlines is due to

amendments of this subpart or of

subpart G of part 63 promulgated on or

after [DATE OF PUBLICATION OF

FINAL RULE IN THE Federal Register]

and neither condition specified in

paragraph (q)(1) or (q)(3) of this section

is applicable, the owner or operator

shall comply with paragraph (q)(6) of

this section.

(6)(i) An owner or operator directed to

comply with this paragraph shall submit

to the Administrator for approval a

request for determination of a

compliance date, a compliance

schedule, a justification for the

determination of a compliance date, and

a justification for the compliance

schedule.

(ii) The documents required to be

submitted under paragraph (q)(6)(i) of

this section shall be submitted no later

than 120 days after publication of the

amendments of this subpart or of

subpart G of part 63 which necessitate

the request for an extension.

3178 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

(iii) The Administrator shall approve

or disapprove the request for a

determination of a compliance date, or

request changes, within 120 days after

receipt of the request for determination

of a compliance date, the compliance

schedule, and the two justifications. If

the request for determination of a

compliance date is disapproved, the

compliance schedule is disapproved

and the owner or operator shall comply

by the applicable date specified in

paragraph (k),(l), or (m) of this section.

If the request for the determination of a

compliance date is approved, the

Administrator shall specify, at the time

of approval, a reasonable compliance

date consistent with the introductory

text in paragraph (q) of this section.

3. Section 63.101 is amended by

adding in alphabetical order the

definition of ‘‘Batch process vent’’ and

by revising the definition of ‘‘Process

vent’’ to read as follows:

§ 63.101 Definitions.

* * * * *

Batch process vent means gaseous

venting to the atmosphere from a batch

operation.

* * * * *

Process vent means the point of

discharge to the atmosphere (or the

point of entry into a control device, if

any) of a gas stream if the gas stream has

the characteristics specified in

§ 63.107(b) through (h) or meets the

criteria specified in § 63.107(i). For

purposes of §§ 63.113 through 63.118,

all references to the characteristics of a

process vent (e.g., flow rate, total HAP

concentration, or TRE index value) shall

mean the characteristics of the gas

stream.

* * * * *

4. Subpart F is amended by adding a

new § 63.107 to read as follows:

§ 63.107 Identification of Process Vents

Subject to this Subpart.

(a) The owner or operator shall use

the criteria specified in this section to

determine whether there are any process

vents associated with an air oxidation

reactor, distillation unit, or reactor that

is in a source subject to this subpart. A

process vent is the point of discharge to

the atmosphere (or the point of entry

into a control device, if any) of a gas

stream if the gas stream has the

characteristics specified in paragraphs

(b) through (h) of this section or meets

the criteria specified in paragraph (i) of

this section.

(b) Some, or all, of the gas stream

originates as a continuous flow from an

air oxidation reactor, distillation unit, or

reactor during operation of the chemical

manufacturing process unit.

(c) The discharge to the atmosphere

(with or without passing through a

control device) meets at least one of the

conditions specified in paragraphs (c)(1)

through (c)(3) of this section.

(1) Is directly from an air oxidation

reactor, distillation unit, or reactor; or

(2) Is from an air oxidation reactor,

distillation unit, or reactor after passing

solely ( i.e., without passing through any

other unit operation for a process

purpose) through one or more recovery

devices within the chemical

manufacturing process unit; or

(3) Is from a device recovering only

mechanical energy from a gas stream

that comes either directly from an air

oxidation reactor, distillation unit, or

reactor, or from an air oxidation reactor,

distillation unit, or reactor after passing

solely (i.e., without passing through any

other unit operation for a process

purpose) through one or more recovery

devices within the chemical

manufacturing process unit.

(d) The gas stream contains greater

than 0.005 weight percent total organic

hazardous air pollutants at the point of

discharge to the atmosphere (or at the

point of entry into a control device, if

any).

(e) The air oxidation reactor,

distillation unit, or reactor is part of a

chemical manufacturing process unit

that meets the criteria of § 63.100(b).

(f) The gas stream is in the gas phase

from the point of origin at the air

oxidation reactor, distillation unit, or

reactor to the point of discharge to the

atmosphere (or to the point of entry into

a control device, if any).

(g) The gas stream is discharged to the

atmosphere either on-site, off-site, or

both.

(h) The gas stream is not any of the

items identified in paragraphs (h)(1)

through (h)(9) of this section.

(1) A relief valve discharge.

(2) A leak from equipment subject to

subpart H of this part.

(3) A gas stream going to a fuel gas

system as defined in § 63.101.

(4) A gas stream exiting a control

device used to comply with § 63.113.

(5) A gas stream transferred to other

processes (on-site or off-site) for reaction

or other use in another process (i.e., for

chemical value as a product, isolated

intermediate, byproduct, or coproduct

or for heat value).

(6) A gas stream transferred for fuel

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

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

or reuse.

(7) A storage vessel vent or transfer

operation vent subject to § 63.119 or

§ 63.126.

(8) A vent from a waste management

unit subject to §§ 63.132 through 63.137.

(9) A gas stream exiting a process

analyzer.

(i) The gas stream would meet the

characteristics specified in paragraphs

(b) through (g) of this section, but, for

purposes of avoiding applicability, has

been deliberately interrupted,

temporarily liquefied, routed through

any item of equipment for no process

purpose, or disposed of in a flare that

does not meet the criteria in § 63.11(b),

or an incinerator that does not reduce

emissions of organic hazardous air

pollutants by 98 percent or to a

concentration of 20 ppm by volume,

whichever is less stringent.

Subpart G—National Emission

Standards for Organic Hazardous Air

Pollutants from Synthetic Organic

Chemical Manufacturing Industry for

Process Vents, Storage Vessels,

Transfer Operations, and Wastewater

5. Section 63.110 is amended by

revising paragraph (a) to read as follows:

§ 63.110 Applicability.

(a) This subpart applies to all process

vents, storage vessels, transfer racks,

wastewater streams, and/or in-process

equipment subject to § 63.149 within a

source subject to subpart F of this part.

* * * * *

6. Section 63.111 is amended by

adding in alphabetical order the

definition of ‘‘Point of transfer’’ and by

revising the definitions of ‘‘Group 1

process vent,’’ ‘‘Group 2 process vent,’’

and ‘‘Vent stream’’ to read as follows:

§ 63.111 Definitions.

* * * * *

Group 1 process vent means a process

vent for which the vent stream flow rate

is greater than or equal to 0.005

standard cubic meter per minute, the

total organic HAP concentration is

greater than or equal to 50 ppm by

volume, and the total resource

effectiveness index value, calculated

according to § 63.115, is less than or

equal to 1.0.

Group 2 process vent means a process

vent for which the vent stream flow rate

is less than 0.005 standard cubic meter

per minute, the total organic HAP

concentration is less than 50 ppm by

volume or the total resource

effectiveness index value, calculated

according to § 63.115, is greater than

1.0.

* * * * *

Point of transfer means:

(1) If the transfer is to an off-site

location for control, the point where the

conveyance crosses the property line; or

(2) If the transfer is to an on-site

location not owned or operated by the

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules 3179

owner or operator of the source, the

point where the conveyance enters the

operation or equipment of the

transferee.

* * * * *

Vent stream, as used in the process

vent provisions, means the gas stream

flowing through the process vent.

* * * * *

7. Section 63.113 is amended by:

a. Revising paragraph (a) introductory

text.

b. Revising the second sentence in

paragraph (a)(3).

c. Revising paragraph (c) introductory

text and paragraph (c)(1) introductory

text.

d. Revising paragraphs (e) and (g).

e. Adding a new paragraph (i).

The revisions and addition read as

follows:

§ 63.113 Process vent provisions—

reference control technology.

(a) The owner or operator of a Group

1 process vent as defined in this subpart

shall comply with the requirements of

paragraph (a)(1), (a)(2), or (a)(3) of this

section. The owner or operator who

transfers a gas stream that has the

characteristics specified in § 63.107 (b)

through (h) or meets the criteria

specified in § 63.107(i) to an off-site

location or an on-site location not

owned or operated by the owner or

operator of the source for disposal shall

comply with the requirements of

paragraph (i) of this section.

* * * * *

(3) * * * If the TRE index value is

greater than 1.0, the process vent shall

comply with the provisions for a Group

2 process vent specified in either

paragraph (d) or (e) of this section,

whichever is applicable.

* * * * *

(c) Halogenated vent streams from

Group 1 process vents that are

combusted shall be controlled according

to paragraph (c)(1) or (c)(2) of this

section.

(1) If a combustion device is used to

comply with paragraph (a)(2) of this

section for a halogenated vent stream,

then the gas stream exiting the

combustion device shall be conveyed to

a halogen reduction device, such as a

scrubber, before it is discharged to the

atmosphere.

* * * * *

(e) The owner or operator of a Group

2 process vent with a TRE index value

greater than 4.0 shall maintain a TRE

index value greater than 4.0, comply

with the provisions for calculation of

TRE index in § 63.115 and the reporting

and recordkeeping provisions in

§ 63.117(b), § 63.118(c), and § 63.118(h),

and is not subject to monitoring or any

other provisions of §§ 63.114 through

63.118.

* * * * *

(g) The owner or operator of a Group

2 process vent with a total organic HAP

concentration less than 50 ppm by

volume shall maintain a total organic

HAP concentration less than 50 ppm by

volume; comply with the Group

determination procedures in § 63.115(a),

(c), and (e); the reporting and

recordkeeping requirements in

§ 63.117(d), § 63.118(e), and § 63.118(j);

and is not subject to monitoring or any

other provisions of §§ 63.114 through

63.118.

* * * * *

(i) Off-site control or on-site control

not owned or operated by the source.

This paragraph applies to gas streams

that have the characteristics specified in

§§ 63.107(b) through (h) of subpart F of

this part or meet the criteria specified in

§ 63.107(i) of subpart F of this part; that

are transferred for disposal to an on-site

control device (or other compliance

equipment) not owned or operated by

the owner or operator of the source

generating the gas stream, or to an offsite control device or other compliance

equipment; and that have the

characteristics (e.g., flow rate, total

organic HAP concentration, or TRE

index value) of a Group 1 process vent,

determined at the point of transfer.

(1) The owner or operator transferring

the gas stream shall:

(i) Comply with the provisions

specified in § 63.114(d) for each gas

stream prior to transfer.

(ii) Notify the transferee that the gas

stream contains organic hazardous air

pollutants that are to be treated in

accordance with the provisions of this

subpart. The notice shall be submitted

to the transferee initially and whenever

there is a change in the required control.

(2) The owner or operator may not

transfer the gas stream unless the

transferee has submitted to the EPA a

written certification that the transferee

will manage and treat any gas stream

transferred under this paragraph (i) of

this section and received from a source

subject to the requirements of this

subpart in accordance with the

requirements of either §§ 63.113 through

63.118, or § 63.102(b), or subpart D of

this part if alternative emission

limitations have been granted the

transferor in accordance with those

provisions. The certifying entity may

revoke the written certification by

sending a written statement to the EPA

and the owner or operator giving at least

90 days notice that the certifying entity

is rescinding acceptance of

responsibility for compliance with the

regulatory provisions listed in this

paragraph. Upon expiration of the

notice period, the owner or operator

may not transfer the gas stream to the

transferee. Records retained by the

transferee shall be retained in

accordance with § 63.10(b).

(3) By providing this written

certification to the EPA, the certifying

entity accepts responsibility for

compliance with the regulatory

provisions listed in paragraph (i)(2) of

this section with respect to any transfer

covered by the written certification.

Failure to abide by any of those

provisions with respect to such transfers

may result in enforcement action by the

EPA against the certifying entity in

accordance with the enforcement

provisions applicable to violations of

these provisions by owners or operators

of sources.

(4) Written certifications and

revocation statements to the EPA from

the transferees of such gas streams shall

be signed by a responsible official of the

certifying entity, provide the name and

address of the certifying entity, and be

sent to the appropriate EPA Regional

Office at the addresses listed in 40 CFR

63.13. Such written certifications are

not transferable by the transferee.

8. Section 63.114 is amended by

revising paragraphs (a)(3), (a)(4)(ii), and

(d) to read as follows:

§ 63.114 Process vent provisions—

monitoring requirements.

(a) * * *

(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. This requirement does not

apply to gas streams that are introduced

with primary fuel or are used as the

primary fuel.

(4) * * *

(ii) A flow meter equipped with a

continuous recorder shall be located at

the scrubber influent for liquid flow.

Gas flow rate shall be determined using

one of the procedures specified in

paragraphs (a)(4)(ii)(A) through (C) of

this section.

(A) The owner or operator may

determine gas flow rate using the design

blower capacity, with appropriate

adjustments for pressure drop.

(B) If the scrubber is subject to

regulations in 40 CFR parts 264 through

266 that have required a determination

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

the applicable compliance date for this

subpart specified in § 63.100(k), the

owner or operator may determine gas

3180 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

flow rate by the method that had been

utilized to comply with those

regulations. A determination that was

conducted prior to the compliance date

for this subpart may be utilized to

comply with this subpart if it is still

representative.

(C) The owner or operator may

prepare and implement a gas flow rate

determination plan that documents an

appropriate method which will be used

to determine the gas flow rate. The plan

shall require determination of gas flow

rate by a method which will at least

provide a value for either a

representative or the highest gas flow

rate anticipated in the scrubber during

representative operating conditions

other than start-ups, shutdowns, or

malfunctions. The plan shall include a

description of the methodology to be

followed and an explanation of how the

selected methodology will reliably

determine the gas flow rate, and a

description of the records that will be

maintained to document the

determination of gas flow rate. The

owner or operator shall maintain the

plan as specified in § 63.103(c).

* * * * *

(d) The owner or operator of a process

vent shall comply with paragraph (d)(1)

or (d)(2) of this section for any bypass

line, between the origin of the gas

stream (i.e., at an air oxidation reactor,

distillation unit, or reactor as identified

in § 63.107(b)) and the point where the

gas stream reaches the process vent as

described in § 63.107, that could divert

the gas stream directly to the

atmosphere. 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 every 15 minutes.

Records shall be generated as specified

in § 63.118(a)(3). The flow indicator

shall be installed at the entrance to any

bypass line that could divert the gas

stream to the atmosphere; or

(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 the gas stream is not

diverted through the bypass line.

* * * * *

9. Section 63.115 is amended by:

a. Revising paragraph (a) introductory

text.

b. Revising paragraph (b) introductory

text.

c. Revising paragraph (c) introductory

text,

(c)(4)(i), and (c)(4)(ii).

d. Revising paragraph (d)(1)

introductory text and

(d)(1)(iii)(D)( 4).

e. Revising paragraph (d)(2)

introductory text, (d)(2)(i) and (d)(2)(ii)

introductory text, and (d)(2)(ii)(C).

f. Adding paragraph (f).

The revisions and addition read as

follows:

§ 63.115 Process vent provisions—

methods and procedures for process vent

group determination.

(a) For purposes of determining vent

stream flow rate, total organic HAP or

TOC concentration or TRE index value,

as specified under paragraph (b), (c), or

(d) of this section, the sampling site

shall be after the last recovery device (if

any recovery devices are present) but

prior to the inlet of any control device

that is present and prior to release to the

atmosphere.

* * * * *

(b) To demonstrate that a vent stream

flow rate is less than 0.005 standard

cubic meter per minute in accordance

with the Group 2 process vent definition

of this subpart, the owner or operator

shall measure flow rate by the following

procedures:

* * * * *

(c) Each owner or operator seeking to

demonstrate that a vent stream has an

organic HAP concentration below 50

ppm by volume in accordance with the

Group 2 process vent definition of this

subpart shall measure either total

organic HAP or TOC concentration

using the following procedures:

* * * * *

(4) * * *

(i) Method 25A of 40 CFR part 60,

appendix A shall be used only if a

single organic HAP compound is greater

than 50 percent of total organic HAP, by

volume, in the vent stream.

(ii) The vent stream composition may

be determined by either process

knowledge, test data collected using an

appropriate EPA method, or a method or

data validated according to the protocol

in Method 301 of appendix A of this

part. Examples of information that could

constitute process knowledge include

calculations based on material balances,

process stoichiometry, or previous test

results provided the results are still

relevant to the current vent stream

conditions.

* * * * *

(d) * * *

(1) Engineering assessment may be

used to determine vent stream flow rate,

net heating value, TOC emission rate,

and total organic HAP emission rate for

the representative operating condition

expected to yield the lowest TRE index

value.

* * * * *

(iii) * * *

(D) * * *

(4) Estimation of maximum expected

net heating value based on the vent

stream concentration of each organic

compound or, alternatively, as if all

TOC in the vent stream were the

compound with the highest heating

value.

* * * * *

(2) Except as provided in paragraph

(d)(1) of this section, vent stream flow

rate, net heating value, TOC emission

rate, and total organic HAP emission

rate shall be measured and calculated

according to the procedures in

paragraphs (d)(2)(i) through (v) of this

section and used as input to the TRE

index value calculation in paragraph

(d)(3) of this section.

(i) The vent stream volumetric flow

rate (Qs), in standard cubic meters per

minute at 20 °C, shall be determined

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

part 60, appendix A, as appropriate. If

the vent stream tested passes through a

final steam jet ejector and is not

condensed, the vent stream volumetric

flow shall be corrected to 2.3 percent

moisture.

(ii) The molar composition of the vent

stream, which is used to calculate net

heating value, shall be determined using

the following methods:

* * * * *

(C) Method 4 of 40 CFR part 60,

appendix A to measure the moisture

content of the vent stream.

* * * * *

(f) Notwithstanding any other

provisions of this subpart, in any case

where a process vent includes one or

more gas streams that are not from a

source subject to this subpart (hereafter

called ‘‘non-HON streams’’ for purposes

of this paragraph), and one or more gas

streams that meet the criteria in

§ 63.107(b) through (h) or the criteria in

§ 63.107(i) (hereafter called ‘‘HON

streams’’ for purposes of this

paragraph), the owner or operator may

elect to comply with paragraphs (f)(1)

through (f)(3) of this section.

(1) The owner or operator may

determine the characteristics (flow rate,

total organic HAP concentration, and

TRE index value) for each HON stream,

or combination of HON streams, at a

representative point as near as practical

to, but before, the point at which it is

combined with non-HON streams.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules 3181

(2) If one or more of the HON streams,

or combinations of HON streams, has

the characteristics (determined at the

location specified in paragraph (f)(1) of

this section) associated with a Group 1

process vent, the combined vent stream

is a Group 1 process vent. Except as

specified in paragraph (f)(3) of this

section, if none of the HON streams, or

combinations of HON streams, when

determined at the location specified in

paragraph (f)(1) of this section has the

characteristics associated with a Group

1 process vent, the combined vent

stream is a Group 2 process vent

regardless of the TRE index value

determined at the location specified in

§ 63.115(a). If the combined vent stream

is a Group 2 process vent as determined

by the previous sentence, but one or

more of the HON streams, or

combinations of HON streams, has a

TRE index value greater than 1 but less

than or equal to 4, the combined vent

stream is a process vent with a TRE

index value greater than 1 but less than

or equal to 4. In this case, the owner or

operator shall monitor the combined

vent stream as required by § 63.114(b).

(3) Paragraphs (f)(1) and (f)(2) of this

section are not intended to apply

instead of any other subpart of part 63.

If another subpart of part 63 applies to

one or more of the non-HON streams

contributing to the combined vent

stream, that subpart may impose

emission control requirements such as,

but not limited to, requiring the

combined vent stream to be classified

and controlled as a Group 1 process

vent.

10. Section 63.116 is amended by:

a. Revising paragraph (a).

b. Revising paragraph (b)(2).

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

(c)(4)(iv).

d. Revising paragraph (d) introductory

text.

The revisions read as follows:

§ 63.116 Process vent provisions—

performance test methods and procedures

to determine compliance.

(a) When a flare is used to comply

with § 63.113(a)(1), the owner or

operator shall comply with paragraphs

(a)(1) through (3) of this section. The

owner or operator is not required to

conduct a performance test to determine

percent emission reduction or outlet

organic HAP or TOC concentration.

(1) Conduct a visible emission test

using the techniques specified in

§ 63.11(b)(4).

(2) Determine the net heating value of

the gas being combusted using the

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

(3) Determine the exit velocity using

the techniques specified in either

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

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

appropriate.

(b) * * *

(2) A boiler or process heater into

which the gas stream is introduced with

the primary fuel or is used as the

primary fuel.

* * * * *

(c) * * *

(1) * * *

(i) * * *

(B) If a 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 vent streams and

primary and secondary fuels introduced

into the boiler or process heater.

* * * * *

(4) * * *

(iv) If the 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 vent streams and primary

and secondary fuels with the TOC

(minus methane and ethane) or total

organic HAP exiting the combustion

device, respectively.

(d) An owner or operator using a

combustion device followed by a

scrubber or other halogen reduction

device to control halogenated vent

streams in compliance with

§ 63.113(c)(1) shall conduct a

performance test to determine

compliance with the control efficiency

or emission limits for hydrogen halides

and halogens.

* * * * *

11. Section 63.117 is amended by

revising paragraphs (a) introductory

text, (a)(4)(iv), (a)(6) introductory text,

and (a)(8) to read as follows:

§ 63.117 Process vents provisions—

reporting and recordkeeping requirements

for group and TRE determinations and

performance tests.

(a) Each owner or operator subject to

the control provisions for Group 1

process vents in § 63.113(a) or the

provisions for Group 2 process vents

with a TRE index value greater than 1.0

but less than or equal to 4.0 in

§ 63.113(d) shall:

* * * * *

(4) * * *

(iv) For a boiler or process heater with

a design heat input capacity of less than

44 megawatts and where the vent stream

is introduced with combustion air or

used as a secondary fuel and is not

mixed with the primary fuel, the

percent reduction of organic HAP or

TOC, or the concentration of organic

HAP or TOC (ppm by volume, by

compound) determined as specified in

§ 63.116(c) at the outlet of the

combustion device on a dry basis

corrected to 3 percent oxygen.

* * * * *

(6) Record and report the following

when using a scrubber following a

combustion device to control a

halogenated vent stream:

* * * * *

(8) Record and report the halogen

concentration in the vent stream

determined according to the procedures

specified in § 63.115(d)(2)(v).

* * * * *

12. Section 63.118 is amended by

revising paragraphs (a)(3), (e)(1), and

(f)(3) to read as follows:

§ 63.118 Process vents provisions—

Periodic reporting and recordkeeping

requirements.

(a) * * *

(3) Hourly records of whether the flow

indicator specified under § 63.114(d)(1)

was operating and whether a diversion

was detected at any time during the

hour, as well as records of the times and

durations of all periods when the gas

stream is diverted to the atmosphere or

the monitor is not operating.

* * * * *

(e) * * *

(1) Any process changes as defined in

§ 63.115(e) that increase the organic

HAP concentration of the vent stream,

* * * * *

(f) * * *

(3) Reports of the times and durations

of all periods recorded under paragraph

(a)(3) of this section when the gas

stream is diverted to the atmosphere

through a bypass line.

* * * * *

13. Section 63.128 is amended by

revising paragraph (b) to read as follows:

§ 63.128 Transfer operations provisions—

test methods and procedures.

* * * * *

(b) When a flare is used to comply

with § 63.126(b)(2), the owner or

operator shall comply with paragraphs

(b)(1) through (3) of this section. The

owner or operator is not required to

conduct a performance test to determine

percent emission reduction or outlet

organic HAP or TOC concentration.

3182 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

(1) Conduct a visible emission test

using the techniques specified in

§ 63.11(b)(4). The observation period

shall be as specified in paragraph

(b)(1)(i) or (ii) of this section instead of

the 2-hour period specified in

§ 63.11(b)(4).

(i) If the loading cycle is less than 2

hours, then the observation period for

that run shall be for the entire loading

cycle.

(ii) If additional loading cycles are

initiated within the 2-hour period, then

visible emission observations shall be

conducted for the additional cycles.

(2) Determine the net heating value of

the gas being combusted, using the

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

(3) Determine the exit velocity using

the techniques specified in either

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

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

appropriate.

* * * * *

14. Section 63.132 is amended by

revising paragraphs (a)(3) and (b)(4) to

read as follows:

§ 63.132 Process wastewater provisions—

general.

(a) * * *

(3) Requirements for Group 2

wastewater streams. For wastewater

streams that are Group 2 for table 9

compounds, comply with the applicable

recordkeeping and reporting

requirements specified in

§§ 63.146(b)(1) and 63.147(b)(8).

(b) * * *

(4) Requirements for Group 2

wastewater streams. For wastewater

streams that are Group 2 for both table

8 and table 9 compounds, comply with

the applicable recordkeeping and

reporting requirements specified in

§§ 63.146(b)(1) and 63.147(b)(8).

* * * * *

15. Section 63.138 is amended by:

a. Revising paragraphs (i) introductory

text and (i)(2)(iii);

b. Adding a sentence to the end of

paragraph (i)(1) introductory text and

adding a sentence to the end of

paragraph (i)(2)(i) introductory text;

c. Amending paragraph (i)(2)

introductory text by revising the

reference ‘‘(i)(2)(iv)’’ to read ‘‘(i)(3)’’;

and

d. Redesignating paragraph (i)(2)(iv)

as paragraph (i)(3).

The revision additions read as

follows:

§ 63.138 Process wastewater provisions—

performance standards for treatment

processes managing Group 1 wastewater

streams and/or residuals removed from

Group 1 wastewater streams.

* * * * *

(i) One megagram total source mass

flow rate option. A wastewater stream is

exempt from the requirements of

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

the owner or operator elects to comply

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

this section, and complies with

paragraph (i)(3) of this section.

(1) * * * The owner or operator who

meets the requirements of this

paragraph (i)(1) of this section is exempt

from the requirements of §§ 63.133

through 63.137.

* * * * *

(2) * * *

(i) * * * When determining the total

source mass flowrate for the purposes of

paragraph (i)(2)(i)(B) of this section, the

concentration and flow rate shall be

determined at the location specified in

paragraph (i)(2)(i)(B) of this section and

not at the location specified in

§ 63.144(b) and (c).

* * * * *

(iii) The owner or operator of each

waste management unit that receives,

manages, or treats a partially treated

wastewater stream prior to or during

treatment shall comply with the

requirements of §§ 63.133 through

63.137, as applicable. For a partially

treated wastewater stream that is stored,

conveyed, treated, or managed in waste

management unit meeting the

requirements of §§ 63.133 through

63.137, the owner or operator shall

follow the procedures in paragraph

(i)(2)(i)(B) of this section to calculate

mass flow rate. A wastewater stream,

either untreated or partially treated,

where the mass flow rate has been

calculated following the procedures in

paragraph (i)(2)(i)(A) of this section are

exempt from the requirements of

§§ 63.133 through 63.137.

* * * * *

16. Section 63.145 is amended by

revising paragraph (j) to read as follows:

§ 63.145 Process wastewater provisions—

test methods and procedures to determine

compliance.

* * * * *

(j) When a flare is used to comply

with § 63.139(c), the owner or operator

shall comply with paragraphs (j)(1)

through (3) of this section. The owner or

operator is not required to conduct a

performance test to determine percent

emission reduction or outlet organic

HAP or TOC concentration.

(1) Conduct a visible emission test

using the techniques specified in

§ 63.11(b)(4).

(2) Determine the net heating value of

the gas being combusted, using the

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

(3) Determine the exit velocity using

the techniques specified in either

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

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

appropriate.

* * * * *

17. Section 63.146 is amended by

adding paragraph (b)(1) to read as

follows:

§ 63.146 Process wastewater provisions—

reporting.

* * * * *

(b) * * *

(1) Requirements for Group 2

wastewater streams. This paragraph

does not apply to Group 2 wastewater

streams that are used to comply with

§ 63.138(g). For Group 2 wastewater

streams, the owner or operator shall

include the information specified in

paragraphs (b)(1)(i) through (iv) of this

section in the Notification of

Compliance Status Report. This

information may be submitted in any

form. Table 15 of this subpart is an

example.

(i) Process unit identification and

description of the process unit.

(ii) Stream identification code.

(iii) For existing sources,

concentration of table 9 compound(s) in

ppm, by weight. For new sources,

concentration of table 8 and/or table 9

compound(s) in ppm, by weight.

Include documentation of the

methodology used to determine

concentration.

(iv) Flow rate in liter per minute.

* * * * *

18. Section 63.147 is amended by

revising paragraphs (b) introductory

text, (d) introductory text, and (d)(2),

and by adding paragraphs (b)(8) and

(d)(3) to read as follows:

§ 63.147 Process wastewater provisions—

recordkeeping.

* * * * *

(b) The owner or operator shall keep

in a readily accessible location the

records specified in paragraphs (b)(1)

through (8) of the section.

* * * * *

(8) Requirements for Group 2

wastewater streams. This paragraph

(b)(8) of this section does not apply to

Group 2 wastewater streams that are

used to comply with § 63.138(g). For all

other Group 2 wastewater streams, the

owner or operator shall keep in a readily

accessible location the records specified

in paragraphs (b)(8)(i) through (iv) of

this section in the Notification of

Compliance Status Report.

(i) Process unit identification and

description of the process unit.

(ii) Stream identification code.

(iii) For existing sources,

concentration of table 9 compound(s) in

ppm, by weight. For new sources,

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules 3183

concentration of table 8 and/or table 9

compound(s) in ppm, by weight.

Include documentation of the

methodology used to determine

concentration.

(iv) Flow rate in liter per minute.

* * * * *

(d) The owner or operator shall keep

records of the daily average value of

each continuously monitored parameter

for each operating day as specified in

§ 63.152(f), except as provided in

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

section.

* * * * *

(2) Regenerative carbon adsorbers. For

regenerative carbon adsorbers, the

owner or operator shall keep the records

specified in paragraphs (d)(2)(i) and (ii)

of this section instead of daily averages.

(i) Records of the total regeneration

stream mass flow for each carbon bed

regeneration cycle.

(ii) Records of the temperature of the

carbon bed after each regeneration

cycle.

(3) Non-regenerative carbon

adsorbers. For non-regenerative carbon

adsorbers using organic monitoring

equipment, the owner or operator shall

keep the records specified in paragraph

(d)(3)(i) of this section instead of daily

averages. For non-regenerative carbon

adsorbers replacing the carbon

adsorption system with fresh carbon at

a regular predetermined time interval

that is less than the carbon replacement

interval that is determined by the

maximum design flow rate and organic

concentration in the gas stream vented

to the carbon adsorption system, the

owner or operator shall keep the records

specified in paragraph (d)(3)(ii) of this

section instead of daily averages.

(i)(A) Record of how the monitoring

frequency, as specified in table 13 of

this subpart, was determined.

(B) Records of when organic

compound concentration of adsorber

exhaust was monitored.

(C) Records of when the carbon was

replaced.

(ii)(A) Record of how the carbon

replacement interval, as specified in

table 13 of this subpart, was determined.

(B) Records of when the carbon was

replaced.

* * * * *

19. Section 63.151 is amended by

revising paragraphs (b)(1)(iii) and (e)(1)

to read as follows:

§ 63.151 Initial notification.

* * * * *

(b) * * *

(1) * * *

(iii) An identification of the kinds of

emission points within the source that

are subject to this subpart;

* * * * *

(e) * * *

(1) A list designating each emission

point complying with §§ 63.113 through

63.149 and whether each emission point

is Group 1 or Group 2, as defined in

§ 63.111. For each process vent within

the source, provide the information

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

of this section.

(i) The chemical manufacturing

process unit(s) that is the origin of all or

part of the vent stream that exits the

process vent.

(ii) The type(s) of unit operations (i.e.,

an air oxidation reactor, distillation

unit, or reactor) that creates the vent

stream that exits the process vent.

(iii) For a Group 2 process vent, the

last recovery device, if any.

(iv) For a Group 1 process vent, the

control device, or other equipment used

for compliance.

* * * * *

20. Section 63.152 is amended by

adding a new paragraph (b)(6), revising

paragraph (c)(4)(iv), and adding a new

paragraph (d)(4) to read as follows:

§ 63.152 General reporting and continuous

records.

* * * * *

(b) * * *

(6) An owner or operator complying

with § 63.113(i) shall include in the

Notification of Compliance Status, or

where applicable, a supplement to the

Notification of Compliance Status, the

name and location of the transferee, and

the identification of the Group 1 process

vent.

* * * * *

(c) * * *

(4) * * *

(iv) For gas streams sent for disposal

pursuant to § 63.113(i) or for process

wastewater streams sent for treatment

pursuant to § 63.132(g), reports of

changes in the identity of the transferee.

* * * * *

(d) * * *

(4) If an owner or operator transfers

for disposal a gas stream that has the

characteristics specified in § 63.107(b)

through (h) or meets the criteria

specified in § 63.107(i) to an off-site

location or an on-site location not

owned or operated by the owner or

operator of the source and the vent

stream was not included in the

information submitted with the

Notification of Compliance Status or a

previous periodic report, the owner or

operator shall submit a supplemental

report. The supplemental report shall be

submitted no later than [180 DAYS

AFTER THE DATE OF PUBLICATION

OF FINAL RULE IN THE Federal

Register] or with the next periodic

report, whichever is later. The report

shall provide the information listed in

paragraphs (d)(4)(i) through (iv) of this

section.

(i) The chemical manufacturing

process unit(s) that is the origin of all or

part of the vent stream that exits the

process vent.

(ii) The type(s) of unit operations (i.e.,

an air oxidation reactor, distillation

unit, or reactor) that creates the vent

stream that exits the process vent.

(iii) For a Group 2 process vent, the

last recovery device, if any.

(iv) For a Group 1 process vent, the

identity of the transferee.

* * * * *

21. The appendix to subpart G is

amended by revising tables 12 and 20 to

read as follows:

Appendix to Subpart G—Tables and

Figures

* * * * *

TABLE 12.—MONITORING REQUIREMENTS FOR TREATMENT PROCESSES

To comply with Parameters to be monitored Frequency Methods

1. Required mass removal of

Table 8/and or Table 9 compound(s) from wastewater treated in a properly operated biological treatment unit § 63.138(f)

§ 63.138(g).

Appropriate parameters as specified in § 63.143(c) and approved

by permitting authority.

Appropriate frequency as specified in § 63.143 and as approved by permitting authority.Appropriate methods as specified

in § 63.143 and as approved by

permitting authority.

2. Steam stripper .......................... Steam flow rate ............................. Continuously ................................. Integrating steam flow monitoring

device equipped with a continuous recorder.

3184 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

TABLE 12.—MONITORING REQUIREMENTS FOR TREATMENT PROCESSES—Continued

To comply with Parameters to be monitored Frequency Methods

Wastewater feed mass flow rate .. Continuously ................................. Liquid flow meter installed at stripper influent and equipped with a

continuous recorder.

Wastewater feed temperature ...... Continuously ................................. Liquid temperature monitoring device installed at stripper influent

and equipped with a continuous

recorder.

3. Alternative monitoring parameters.Other parameters may be monitored upon approval from the

Administrator in accordance

with the requirements specified

in § 63.151(f).

*******

TABLE 20.—WASTEWATER—PERIODIC REPORTING REQUIREMENTS FOR CONTROL DEVICES USED TO COMPLY WITH

§§ 63.13–63.139

Control device Reporting requirements

Thermal incinerator ............................................. 1. Report all daily average a temperatures that are outside the range established in the NCS b

or operating permit and all operating days when insufficient monitoring data are collected.c

Catalytic incinerator ............................................ 1. Report all daily average a temperatures that are outside the range established in the NCS b

or operating permit.

2. Report all daily average a temperature differences across the catalyst bed that are outside

the range established in the NCSb or operating permit.

3. Report all operating days when insufficient monitoring data are collected.c

Boiler or process heater with a design heat

input capacity less than 44 megawatts and

vent stream is not mixed with the primary fuel.

1. Report all daily average a firebox temperatures that are outside the range established in the

NCSb or operating permit and all operating days when insufficient monitoring data are collected.c

Flare .................................................................... 1. Report the duration of all periods when all pilot flames are absent.

Condenser .......................................................... 1. Report all daily average a exit temperatures that are outside the range established in the

NCSb or operating permit and all operating days when insufficient monitoring data are collected.c

Carbon adsorber (regenerative) ......................... 1. Report all carbon bed regeneration cycles when the total regeneration stream mass or volumetric flow is outside the range established in the NCSb or operating permit.

2. Report all carbon bed regeneration cycles during which the temperature of the carbon bed

after regeneration is outside the range established in the NCSb or operating permit.

3. Report all operating days when insufficient monitoring data are collected.c

Carbon adsorber (non-regenerative) .................. 1. Report all operating days when inspections not done according to the schedule developed

as specified in table 13 of this subpart.

2. Report all operating days when carbon has not been replaced at the frequency specified in

table 13 of this subpart.

All control devices ............................................... 1. Report the times and durations of all periods when the vent stream is diverted through a bypass line or the monitor is not operating, or

2. Report all monthly inspections that show the valves are moved to the diverting position or

the seal has been changed.

aThe daily average is the average of all values recorded during the operating day, as specified in § 63.147(d).

b NCS = Notification of Compliance Status described in § 63.152.

cThe periodic reports shall include the duration of periods when monitoring data are not collected for each excursion as defined in

§ 63.152(c)(2)(ii)(A).

* * * * *

Subpart H—National Emission

Standards for Organic Hazardous Air

Pollutants for Equipment Leaks

22. Section 63.180 is amended by

revising paragraph (e) to read as follows:

§ 63.180 Test methods and procedures.

* * * * *

(e) When a flare is used to comply

with § 63.172(d), the owner or operator

shall comply with paragraphs (e)(1)

through (3) of this section. The owner or

operator is not required to conduct a

performance test to determine percent

emission reduction or outlet organic

HAP or TOC concentration.

(1) Conduct a visible emission test

using the techniques specified in

§ 63.11(b)(4).

(2) Determine the net heating value of

the gas being combusted, using the

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

(3) Determine the exit velocity using

the techniques specified in either

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

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

appropriate.

* * * * *

Appendix C—[Amended]

23. Appendix C to part 63 is amended by:

a. Revising the third paragraph in section

I;

b. Revising the introductory text to section

III;

c. In section III.D.1, revising Eqn App.C–

4 and the paragraph preceding it;

d. In section III.D.2, revising Eqn App.C–

6 and the paragraph preceding it;

e. Adding section III.E;

f. Adding references 7 and 8 to the

References section;

g. Revising Figure 1;

h. Adding Form XIII.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules 3185

1This is a mathematical division of the actual

unit; not addition of physical barriers.

The additions and revisions read as

follows:

Appendix C to Part 63—Determination

of the Fraction Biodegraded (Fbio) in a

Biological Treatment Unit

I. Purpose

* * * * *

Unless otherwise specified, the procedures

presented in this appendix are designed to be

applied to thoroughly mixed treatment units.

A thoroughly mixed treatment unit is a unit

that is designed and operated to approach or

achieve uniform biomass distribution and

organic compound concentration throughout

the aeration unit by quickly dispersing the

recycled biomass and the wastewater

entering the unit. Detailed discussion on how

to determine if a biological treatment unit is

thoroughly mixed can be found in reference

7. Systems that are not thoroughly mixed

treatment units should be subdivided into a

series of zones that have uniform

characteristics within each zone. The number

of zones required to characterize a biological

treatment system will depend on the design

and operation of the treatment system.

Detailed discussion on how to determine the

number of zones in a biological treatment

unit and examples of determination of fbio

can be found in reference 8. Each zone

should then be modeled as a separate unit.

The amount of air emissions and

biodegradation from the modeling of these

separate zones can then be added to reflect

the entire system.

* * * * *

III. Procedures for Determination of fbio

The first step in the analysis to determine

if a biological treatment unit may be used

without being covered and vented through a

closed-vent system to an air pollution control

device, is to determine the compoundspecific fbio. The following procedures may

be used to determine fbio:

(1) EPA Test Method 304A or 304B

(appendix A, part 63)—Method for the

Determination of Biodegradation Rates of

Organic Compounds,

(2) Performance data with and without

biodegradation,

(3) Inlet and outlet concentration

measurements,

(4) Batch tests,

(5) Multiple zone concentration

measurements.

All procedures must be executed so that

the resulting fbio is based on the collection

system and waste management units being in

compliance with the regulation. If the

collection system and waste management

units meet the suppression requirements at

the time of the test, any of the procedures

may be chosen. If the collection system and

waste management units are not in

compliance at the time of the performance

test, then only Method 304A, 304B, or the

batch test shall be chosen. If Method 304A,

304B, or the batch test is used, any

anticipated changes to the influent of the

full-scale biological treatment unit that will

occur after the facility has enclosed the

collection system must be represented in the

influent feed to the benchtop bioreactor unit,

or test unit.

Select one or more appropriate procedures

from the five listed above based on the

availability of site specific data and the type

of mixing that occurs in the unit (thoroughly

mixed or multiple mixing zone). If the

facility does not have site-specific data on the

removal efficiency of its biological treatment

unit, then Procedure 1 or Procedure 4 may

be used. Procedure 1 allows the use of a

benchtop bioreactor to determine the firstorder biodegradation rate constant. An owner

or operator may elect to assume the first

order biodegradation rate constant is zero for

any regulated compound(s) present in the

wastewater. Procedure 4 explains two types

of batch tests which may be used to estimate

the first order biodegradation rate constant.

An owner or operator may elect to assume

the first order biodegradation rate constant is

zero for any regulated compound(s) present

in the wastewater. Procedure 3 would be

used if the facility has, or measures to

determine, data on the inlet and outlet

individual organic compound concentration

for the biological treatment unit. Procedure 3

may only be used on a thoroughly mixed

treatment unit. Procedure 5 is the

concentration measurement test that can be

used for units with multiple mixing zones.

Procedure 2 is used if a facility has or obtains

performance data on a biotreatment unit

prior to and after addition of the microbial

mass. An example where Procedure 2 could

be used is an activated sludge unit where

measurements have been taken on inlet and

exit concentration of organic compounds in

the wastewater prior to seeding with the

microbial mass and start-up of the unit. The

flow chart in figure 1 outlines the steps to use

for each of the procedures.

* * * * *

D. Batch Tests (Procedure 4)

* * * * *

1. * * *

Equation App. C–3 can be integrated to

obtain the following equation:

− = 



 



 +

+

+





 



 t

VK

A

s

s

Q XV

AB

A Bs

A Bs Eqn App. s m ln ln (

0

2

0

 C-4)

Where:

A=GKeqKs+QmVX

B=GKeq

So=test compound concentration at t=0

* * * * *

2. * * *

Equation App. C–5 can be solved

analytically to give:

t

VK V

VQ X

ss K s

s

g eq l

m

= s

− + ( ) ( ) − + 



 



















1  00

ln (Eqn App. C-6)

E. Multiple Zone Concentration

Measurements (Procedure 5)

Procedure 5 is the concentration

measurement method that can be used

to determine the fbio for units that are

not thoroughly mixed and thus have

multiple zones of mixing. As with the

other procedures, proper determination

of fbio must be made on a system as it

would exist under the rule. For

purposes of this calculation, the

biological unit must be divided 1 into

zones with uniform characteristics

within each zone. The number of zones

that is used depends on the complexity

of the unit. Reference 8, ‘‘Technical

Support Document for the Evaluation of

Aerobic Biological Treatment Units with

Multiple Mixing Zones,’’ is a source for

further information concerning how to

determine the number of zones that

should be used for evaluating your unit.

The following information on the

biological unit must be available to use

this procedure: basic unit variables such

as inlet and recycle wastewater flow

rates, type of agitation, and operating

conditions; measured representative

organic compound concentrations in

each zone and the inlet and outlet; and

estimated mass transfer coefficients for

each zone. The estimated mass transfer

coefficient for each compound in each

zone is obtained from Form II using the

characteristics of each zone. A computer

model may be used. If the Water7 model

3186 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules

or the most recent update to this model

is used, then use Form II–A to calculate

KL. The TOXCHEM or BASTE model

may also be used to calculate KL for the

biological treatment unit, with the

stipulations listed in Procedure 304B.

Compound concentration measurements

for each zone are used in Form XIII to

calculate the fbio. A copy of Form XIII is

completed for each of the compounds of

concern treated in the biological unit.

* * * * *

References

* * * * *

7. Technical Support Document for

Evaluation of Thoroughly Mixed

Biological Treatment Units. November

1998.

8. Technical Support Document for

the Evaluation of Aerobic Biological

Treatment Units with Multiple Mixing

Zones.

* * * * *

BILLING CODE 6560–50–U

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Proposed Rules 3187

[FR Doc. 1070 Filed 1–19–00; 8:45am ]

BILLING CODE 6560–50–C