[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Rules and Regulations]
[Pages 18020-18026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8199]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5183-3]
RIN 2060-AC19


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: Final rule; amendments.

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SUMMARY: On October 24 and 28, 1994, EPA proposed amendments to certain 
aspects of the ``National Emission Standards for Hazardous Air 
Pollutants from the Synthetic Organic Chemical Manufacturing Industry 
and Other Processes Subject to the Negotiated Regulation for Equipment 
Leaks'' 59 FR 19402 (April 22, 1994) and 59 FR 29196 (June 6, 1994) 
(collectively known as the ``hazardous organic NESHAP'' or the 
``HON''). This action announces the EPA's final decisions on those 
proposed amendments.
    The rule is being revised to provide a deferral of HON requirements 
for source owners or operators who wish to make an area source 
certification and to establish minimum documentation requirements. This 
action is being taken because EPA believes that in view of current 
circumstances the requirements of the rule should not be imposed on 
sources that are likely to be designated as area sources in the near 
future. The rule is also being revised to extend the compliance date 
for certain compressors and for surge control vessels and bottoms 
receivers to allow the time necessary for installation of controls. The 
applicability of control requirements for surge control vessels and 
bottoms receivers is also being revised to reduce confusion over the 
rule.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5254.

SUPPLEMENTARY INFORMATION:

I. Background

A. Federal Register Actions

    On October 24, 1994 (59 FR 53359) EPA announced that, pursuant to 
Clean Air Act section 307(d)(7)(B), it was reconsidering certain 
portions of the HON rule and issuing a 3 month administrative stay. The 
October 24, 1994 administrative stay applied only to those source 
owners or operators who make a representation in writing that 
resolution of the area source definition issues could affect whether 
the facility is subject to the HON. As part of that action, EPA also 
proposed amendments to the HON to establish procedures for a source to 
obtain a deferral of HON requirements for such sources and to establish 
minimum documentation requirements.
    In addition, on October 28, 1994 (59 FR 54131), EPA announced an 
administrative stay of the effectiveness of the provisions of the HON 
for compressors and for surge control vessels and bottoms receivers for 
sources subject to the October 24, 1994 compliance date. As part of 
that action, EPA also proposed amendments to the HON to revise 
compliance dates for compressors and for surge control vessels and 
bottoms receivers to provide sufficient time to make the equipment 
changes necessary for compliance with the rule. Provisions to document 
the use of the compliance extensions for compressors were also 
proposed. Changes were also proposed to the applicability of control 
requirements for surge control vessels and bottoms receivers.
    Along with both notices of partial stay and reconsideration, EPA 
also proposed to extend the compliance dates beyond the 3 months 
provided, as necessary to complete reconsideration and revision of the 
rule in question. On January 27, 1995 (60 FR 5320), EPA amended the HON 
to extend the compliance dates until April 24, 1995 to allow time to 
complete the two sets of revisions to the rule.

B. Public Participation

    Ten comment letters were received on each of the two notices of 
proposed amendments. All comment letters received were from industry 
representatives or trade associations. No comments objecting to the 
EPA's basic approach were received on either the October 24 or the 
October 28, 1994 proposed amendments. The significant 
[[Page 18021]] issues raised and changes to the proposed amendments to 
the rule are summarized in this preamble. The EPA's responses to all 
comments can be found in docket A-90-19, subcategory VII-B and A-90-20, 
subcategory VI-B. The response to comments may also be obtained from 
the EPA's Technology Transfer Network (TTN), a network of electronic 
bulletin boards developed and operated by the Office of Air Quality 
Planning and Standards. The service is free, except for the cost of a 
phone call. Dial (919) 541-5742 for up to a 14,400 bits per second 
(bps) modem. Select TTN Bulletin Board: Clean Air Act Amendments and 
select menu item Recently Signed Rules. If more information on TTN is 
needed contact the systems operator at (919) 541-5384.

II. Summary of Amendments to Rule

A. Deferral of Requirements for Sources Making an Area Source 
Certification

    New paragraphs Sec. 63.100(b)(4), Sec. 63.103(f), and 
Sec. 63.190(b)(7) and (b)(8) are added to the rule to provide 
procedures to certify and document that a source is operating at 
emission levels below the thresholds for a major source. These 
provisions require the owner or operator: (1) To provide certification 
that the source is operating such that its total actual annual 
emissions are less than 10 tons of any one hazardous air pollutant 
(HAP) and less than 25 tons of multiple HAP and will continue to 
operate at or below this level pending the establishment of federally 
enforceable limits; (2) to maintain documentation of the emission 
calculations; and (3) to provide the documentation to EPA upon request. 
If, in the EPA's judgment, the source does not qualify as an area 
source, the source would be notified and would become subject to the 
HON requirements. The provisions specify that if the applicable subpart 
H compliance date has already passed, the source must comply with 
subpart H requirements no later than 90 days after the notification. 
The source would have the same compliance date for subparts F and G 
(i.e., April 22, 1997) as other sources.

B. Amendments to Compressor Provisions, Sec. 63.164

    Subparts F and I are amended to revise the compliance date for 
compressor provisions for certain sources and to establish a mechanism 
for owners or operators to request case-by-case compliance extensions 
under certain circumstances. Specifically, Sec. 63.100(k)(4) is being 
added to subpart F and Sec. 63.190(e)(3) is being added to subpart I to 
revise the compliance date for compressors at process units subject to 
the October 24, 1994 and January 23, 1995 compliance dates to May 10, 
1995. Section 63.100(k)(5) is being added to subpart F and 
Secs. 63.190(e)(4) is being added to subpart I to provide a mechanism 
for owners or operators to request case-by-case compliance extensions 
for delays due to unavailability of parts. Paragraph 63.100(k)(6) is 
being added to subpart F and Sec. 63.190(e)(5) is being added to 
subpart I to provide a similar mechanism for cases where a process unit 
shutdown is necessary to permit modification of the compressor seal 
system, barrier fluid system, or connection of the compressor to a 
control device. Provisions have been added to the rule to provide a 
compliance date of April 22, 1997 for cases where replacement of the 
compressor or recasting of the distance piece is necessary for 
compliance with Sec. 63.164. These provisions are provided in 
Sec. 63.100(k)(6)(ii) and Sec. 63.190(e)(5)(ii).

C. Amendments to Provisions for Surge Control Vessels and Bottoms 
Receivers, Sec. 63.170

    This section has been revised to specify the same control criteria 
and requirements as are established in subpart G for storage vessels. 
Compliance with these requirements is required by April 22, 1997 for 
all sources subject to the provisions of subparts F and I.

D. Compliance Extensions for Pollution Prevention Measures

    Paragraph 63.100(k)(8) is added to subpart F to provide a 
compliance extension for processes that plan to eliminate the use or 
production of HAP.

III. Impacts

A. Area Source Deferral

    The compliance date extensions for sources with actual emissions 
less than 10 tons of any single HAP or less than 25 tons of multiple 
HAP's will not affect the estimated emissions reduction and control 
cost for the rule. The EPA did not consider such sources in development 
of the rule.

B. Surge Control Vessels and Bottoms Receivers

    The revisions to the compliance date and the control requirements 
for surge control vessels and bottoms receivers will not affect the 
estimated emissions reduction and control cost for the rule. As 
described in the October 28, 1994 Federal Register (59 FR 54157), EPA 
considered these items of process equipment to be either process vents 
or storage vessels. Thus, the estimated emission reductions and control 
costs always reflected application of the control criteria and 
requirements in tables 2 and 3 to subpart H to these vessels.

C. Compressors

    The revisions to the compliance date for compressors provisions are 
estimated to have a negligible effect on the emissions reduction from 
the equipment leak control requirements. Emissions from compressors 
contribute only a small portion of the estimated emissions from 
equipment leaks because there are very few compressors located in 
synthetic organic chemical manufacturing industry (SOCMI) process 
units. It is expected that only a small number of those compressors 
would need to use these compliance extensions. Moreover, lower overall 
emissions are expected in cases where a process unit shutdown is 
necessary to install the replacement seal system or barrier fluid 
system or to permit connecting the compressor to a control device. 
These revisions to subpart H are not expected to affect the estimated 
cost of compliance with the rule.

IV. Summary of Major Comments, Responses, and Changes to the 
Proposal

A. Area Source Deferral

    The major area of comment on the October 24, 1994 proposal 
concerned the proposed documentation requirements and the request for 
comment on whether more extensive monitoring and recordkeeping would be 
appropriate. Several commenters recommended that EPA not impose 
excessive documentation and recordkeeping requirements for sources with 
actual emissions below the major source threshold. The commenters 
reasoned that the nature of the operations that would qualify for this 
deferral and existing non-Federal rules should provide adequate 
assurance of maintenance of the emission levels. No comments were 
received that supported requiring recordkeeping and reporting beyond 
that specified in the proposed amendments to the rule. One commenter 
also questioned EPA's position that toxic release inventory (TRI) data 
would not sufficiently document the basis for the emission 
calculations. The commenter noted that the TRI estimates are subject to 
audit and every calculation and assumption used must be documented. 
This commenter also stated that many facilities are using the same data 
base [[Page 18022]] for TRI reporting as they are using for the Title V 
permit program.
    Since no comments were received indicating a need for additional 
monitoring and documentation of these sources, the EPA concluded that 
additional documentation of the emissions from these sources is not 
warranted considering the nature and length of this deferral. The EPA 
also reexamined the question of whether TRI data would be acceptable 
for documenting the basis for the emission estimates. The EPA concluded 
that TRI data would provide adequate documentation for this interim 
deferral since the TRI data would be of sufficient precision and 
accuracy in light of the nature and length of the deferral. In light of 
this conclusion, EPA also concluded that allowing use of the TRI 
documentation would avoid imposing an unproductive and unnecessary 
additional recordkeeping requirement since it is likely that companies 
will establish one system for emission estimates for TRI compliance as 
well as for other air programs. This would have the additional benefit 
of promoting use of one emissions recordkeeping system for a facility; 
thus, benefiting both the owner or operator of the facility as well as 
permitting authority. Therefore, Sec. 63.100(b)(4)(i)(B) and 
Sec. 63.190(b)(7)(i)(B) have been revised to specifically state that 
data reported under Superfund Amendments and Reauthorization Act (SARA) 
313 may be used to satisfy the documentation requirements. These 
paragraphs have also been edited to clarify that use of ``accepted 
engineering practices'' to determine annual HAP emissions from each 
emission point at the plant site, is an acceptable alternative to the 
calculation procedures in Sec. 63.150 of subpart G, or the early 
reduction demonstration procedures. The wording of the proposed 
amendment would only have allowed use of ``accepted engineering 
practices'' where the other procedures were unavailable. Because those 
other procedures also involve some use of engineering judgment there is 
no reason to limit use of accepted engineering practices to cases where 
the other procedures are unavailable.

B. Compressors

    One commenter recommended that provisions for compliance extensions 
also include situations where modification of a compressor is necessary 
to allow connecting the compressor to a control device. The commenter 
noted that this kind of equipment modification requires the same degree 
of planning and evaluation as the situations described in the October 
28, 1994 proposal. This commenter also requested that EPA allow up to 
April 22, 1997 for cases where replacement of a compressor is 
necessary. The commenter explained that this additional time is 
necessary since in some States construction permits must be obtained 
for these modifications. The EPA agrees that these additional 
situations are similar to the situations described in the October 28, 
1994 Federal Register and, therefore, allowing additional time for 
these cases is appropriate. These cases were not included in the 
proposal due to uncertainty regarding the need to provide for these 
cases. The final provisions allow owners or operators to request case-
by-case compliance extensions for these additional cases as well as for 
replacement of the seal system or the barrier fluid system where 
additional time is necessary due to the unavailability of parts or 
until the next process unit shutdown.

C. Surge Control Vessels and Bottoms Receivers

    There were no adverse comments on the proposed revisions to the 
definition of surge control vessel or the revisions to include the same 
control criteria as applied to storage vessels in subpart G. Several 
commenters requested clarification of certain aspects of the proposed 
provisions. The more substantive of these comments was a request for 
clarification of whether the same controls that are acceptable for 
storage vessels would be acceptable for compliance with Sec. 63.170. 
The commenter noted that it appeared that EPA intended this, but the 
rule seemed to not allow the use of floating roof controls for surge 
control vessels. The EPA agrees that it was intended that the same 
controls be allowed for this equipment as for storage vessels. Section 
63.170 was revised to specifically provide that use of floating roof 
controls that meet the specifications of Sec. 63.119 (b) or (c) are 
acceptable means of compliance.

D. Compliance Extensions for Pollution Prevention Measures

    The only comments received on this proposed provision was support 
for correcting the original drafting oversight. Thus, there were no 
changes to the proposed provisions.

V. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of the actions taken by this final rule is available only on the filing 
of a petition for review in the U.S. Court of Appeals for the District 
of Columbia Circuit within 60 days of today's publication of this 
action. Under section 307(b)(2) of the CAA, the requirements that are 
subject to today's notice may not be challenged later in civil or 
criminal proceedings brought by EPA to enforce these requirements.

VI. Administrative

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 1414.02) may be obtained 
from Sandy Farmer, Information Policy Branch (2136); U.S. Environmental 
Protection Agency; 401 M Street, SW., Washington, DC 20460 or by 
calling (202) 260-2740.
    Today's changes to the NESHAP would have a minor impact on the 
information collection burden estimates made previously. The added 
provisions provide a mechanism to request compliance extensions and are 
not required reports. Therefore, the ICR has not been revised.

B. Executive Order 12866 Review

    The HON rule promulgated on April 22, 1994 was considered 
``significant'' under Executive Order 12866 and a regulatory impact 
analysis (RIA) was prepared. The amendments proposed today would revise 
compliance dates to provide the time necessary for installation of 
controls and do not add any additional control requirements. The EPA 
believes that these proposed amendments would have a negligible impact 
on the results of the RIA and the change is considered to be within the 
uncertainty of the analysis. For the reasons discussed in section III, 
the impacts on emissions reduction are also believed to be negligible.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires the identification 
of potentially adverse impacts of Federal regulations upon small 
business entities. The Act specifically requires the completion of a 
Regulatory Flexibility Analysis in those instances where small business 
impacts are possible. Because this rulemaking imposes no adverse 
economic impacts, a Regulatory Flexibility Analysis has not been 
prepared.
    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this rule will not have a significant economic impact on a 
substantial number of small business entities. [[Page 18023]] 

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 28, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, part 63 of Chapter I of 
title 40 of the Code of Federal Regulations is amended as follows.

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

    Authority: 42 U.S.C. 7401, 7412, 7414, 7416, and 7601.

    2. Section 63.100 is amended by revising paragraph (b) introductory 
text, by adding paragraph (b)(4), by revising paragraph (k) 
introductory text, by revising the first sentence of paragraph (k)(3), 
and by adding paragraphs (k)(4) through (k)(8) to read as follows:


Sec. 63.100  Applicability and designation of source.

* * * * *
    (b) Except as provided in paragraphs (b)(4) and (c) of this 
section, the provisions of subparts F, G, and H of this part apply to 
chemical manufacturing process units that meet all the criteria 
specified in paragraphs (b)(1), (b)(2), and (b)(3) of this section:
* * * * *
    (4) The owner or operator of a chemical manufacturing processing 
unit is exempt from all requirements of subparts F, G, and H until not 
later than April 22, 1997 if the owner or operator certifies, in a 
notification to the appropriate EPA Regional Office, not later than May 
10, 1995 that the plant site at which the chemical manufacturing 
processing unit is located emits, and will continue to emit, during any 
12-month period, less than 10 tons per year of any individual HAP, and 
less than 25 tons per year of any combination of HAP.
    (i) If such a determination is based on limitations and conditions 
that are not federally enforceable (as defined in subpart A of this 
part), the owner or operator shall document the basis for the 
determination as specified in paragraphs (b)(4)(i)(A) through 
(b)(4)(i)(C) and comply with the recordkeeping requirement in 
63.103(f).
    (A) The owner or operator shall identify all HAP emission points at 
the plant site, including those emission points subject to and emission 
points not subject to subparts F, G, and H;
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum operating 
conditions at the plant site. Examples of estimating procedures that 
are considered acceptable include the calculation procedures in 
Sec. 63.150 of subpart G, the early reduction demonstration procedures 
specified in Secs. 63.74 (c)(2), (c)(3), (d)(2), (d)(3), and (g), or 
accepted engineering practices. If the total annual HAP emissions for 
the plant site are annually reported under Emergency Planning and 
Community Right-to-Know Act (EPCRA) section 313, then such reported 
annual emissions may be used to satisfy the requirements of 
Sec. 63.100(b)(4)(i)(B).
    (C) The owner or operator shall sum the amount of annual HAP 
emissions from all emission points on the plant site. If the total 
emissions of any one HAP are less than 10 tons per year and the total 
emissions of any combination of HAP are less than 25 tons per year, the 
plant site qualifies for the exemption described in paragraph (b)(4) of 
this section, provided that emissions are kept below these thresholds.
    (ii) If such a determination is based on limitations and conditions 
that are federally enforceable (as defined in subpart A of this part), 
the owner or operator is not subject to the provisions of paragraph 
(b)(4) of this section.
* * * * *
    (k) Except as provided in paragraphs (l) and (m) of this section, 
sources subject to subparts F, G, or H of this part are required to 
achieve compliance on or before the dates specified in paragraphs 
(k)(1) through (k)(8) of this section.
* * * * *
    (3) Existing sources shall be in compliance with subpart H of this 
part no later than the dates specified in paragraphs (k)(3)(i) through 
(k)(3)(v) of this section, except as provided for in paragraphs (k)(4) 
through (k)(8) of this section. * * *
    (4) Existing chemical manufacturing process units in Groups I and 
II as identified in table 1 of this subpart shall be in compliance with 
the requirements of Sec. 63.164 of subpart H no later than May 10, 1995 
for any compressor meeting one or more of the criteria in paragraphs 
(k)(4)(i) through (k)(4)(iv) of this section, if the work can be 
accomplished without a process unit shutdown, as defined in Sec. 63.161 
in subpart H.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes 
to the existing barrier fluid system; or
    (iv) The compressor must be modified to permit connecting the 
compressor to a closed vent system.
    (5) Existing chemical manufacturing process units shall be in 
compliance with the requirements of Sec. 63.164 in subpart H no later 
than 1 year after the applicable compliance date specified in paragraph 
(k)(3) of this section, for any compressor meeting the criteria in 
paragraphs (k)(5)(i) through (k)(5)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (k)(4) (i) through (iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown 
as defined in Sec. 63.161 of subpart H;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; 
and
    (iv) The owner or operator submits a request to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13 of subpart A of 
this part no later than 45 days before the applicable compliance date 
in paragraph (k)(3) of this section, but in no event earlier than May 
10, 1995. The request shall include the information specified in 
paragraphs (k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless 
the EPA Regional Office objects to the request within 30 days after 
receipt, the request shall be deemed approved.
    (A) The name and address of the owner or operator and the address 
of the existing source if it differs from the address of the owner or 
operator;
    (B) The name, address, and telephone number of a contact person for 
further information;
    (C) An identification of the chemical manufacturing process unit, 
and of the specific equipment for which additional compliance time is 
required;
    (D) The reason compliance can not reasonably be achieved by the 
applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of 
this section; and
    (E) The date by which the owner or operator expects to achieve 
compliance.
    (6)(i) If compliance with the compressor provisions of Sec. 63.164 
of subpart H of this part can not reasonably be achieved without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H, the 
owner or operator shall achieve compliance no later than April 
[[Page 18024]] 22, 1996, except as provided for in paragraph (k)(6)(ii) 
of this section. The owner or operator who elects to use this provision 
shall comply with the requirements of Sec. 63.103(g) of this subpart.
    (ii) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H of this part can not be achieved without replacing the 
compressor or recasting the distance piece, the owner or operator shall 
achieve compliance no later than April 22, 1997. The owner or operator 
who elects to use this provision shall also comply with the 
requirements of Sec. 63.103(g) of this subpart.
    (7) Existing sources shall be in compliance with the provisions of 
Sec. 63.170 of subpart H no later than April 22, 1997.
    (8) If an owner or operator of a chemical manufacturing process 
unit subject to the provisions of subparts F, G, and H of part 63 plans 
to implement pollution prevention measures to eliminate the use or 
production of HAP listed in table 2 of this subpart by October 23, 
1995, the provisions of subpart H do not apply regardless of the 
compliance dates specified in paragraph (k)(3) of this section. The 
owner or operator who elects to use this provision shall comply with 
the requirements of Sec. 63.103(h) of this subpart.
* * * * *
    3. Section 63.101 is amended by revising the definition of ``surge 
control vessel'' in paragraph (b) to read as follows:


Sec. 63.101  Definitions.

* * * * *
    (b) * * *
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production 
of a product.
* * * * *
    4. Section 63.103 is amended by adding paragraphs (f), (g), and (h) 
to read as follows:


Sec. 63.103  General compliance, reporting and recordkeeping 
requirements.

* * * * *
    (f) To qualify for the exemption specified in Sec. 63.100(b)(4) of 
this subpart, the owner or operator shall maintain the documentation of 
the information required pursuant to Sec. 63.100(b)(4)(i), and 
documentation of any update of this information requested by the EPA 
Regional Office, and shall provide the documentation to the EPA 
Regional Office upon request. The EPA Regional Office will notify the 
owner or operator, after reviewing such documentation, if the source 
does not qualify for the exemption specified in Sec. 63.100(b)(4) of 
this section. In such cases, compliance with subpart H shall be 
required no later than 90 days after expiration of the applicable 
compliance date in Sec. 63.100(k)(3), but in no event earlier than 90 
days after the date of such notification by the EPA Regional Office. 
Compliance with subparts F and G shall be no later than April 22, 1997, 
unless an extension has been granted by the EPA Regional Office or 
operating permit authority as provided in Sec. 63.6(i) of subpart A of 
this part.
    (g) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.100(k)(6)(i) or (ii) shall submit a compliance 
extension request to the appropriate EPA Regional Office no later than 
45 days before the applicable compliance date in Sec. 63.100(k)(3), but 
in no event is submittal required earlier than May 10, 1995. The 
request shall contain the information specified in 
Sec. 63.100(k)(5)(iv) and the reason compliance can not reasonably be 
achieved without a process unit shutdown, as defined in 40 CFR 63.161 
or without replacement of the compressor or recasting of the distance 
piece.
    (h) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.100(k)(8) shall submit to the appropriate EPA 
Regional Office a brief description of the process change, identify the 
HAP eliminated, and the expected date of cessation of use or production 
of HAP. The description shall be submitted no later than May 10, 1995 
or with the Notice of Compliance Status as required in Sec. 63.182(c) 
of subpart H, whichever is later.
* * * * *

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 63.111 is amended by adding the definition of ``surge 
control vessel'' to read as follows:


Sec. 63.111  Definitions.

* * * * *
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production 
of a product.
* * * * *

Subpart H--National Emission Standards for Organic Hazardous Air 
Pollutants for Equipment Leaks

    6. Section 63.161 is amended by revising the definition of 
``compliance date'' and the definition of ``surge control vessel'' to 
read as follows:


Sec. 63.161  Definitions.

* * * * *
    Compliance date means the dates specified in Sec. 63.100(k) or 
Sec. 63.100(l)(3) of subpart F of this part for process units subject 
to subpart F of this part; the dates specified in Sec. 63.190(e) of 
subpart I of this part for process units subject to subpart I of this 
part. For sources subject to other subparts in 40 CFR part 63 that 
reference this subpart, compliance date will be defined in those 
subparts. However, the compliance date for Sec. 63.170 shall be no 
later than 3 years after the effective date of those subparts unless 
otherwise specified in such other subparts.
* * * * *
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit (as defined in the specific subpart that references this subpart) 
when in-process storage, mixing, or management of flow rates or volumes 
is needed to assist in production of a product.
* * * * *
    7. Section 63.170 is revised to read as follows:


Sec. 63.170  Standards: Surge control vessels and bottoms receivers.

    Each surge control vessel or bottoms receiver that is not routed 
back to the process and that meets the conditions specified in table 2 
or table 3 of this subpart shall be equipped with a closed-vent system 
that routes the organic vapors vented from the surge control vessel or 
bottoms receiver back to the process or to a control device that 
complies with the requirements in Sec. 63.172 of this subpart, except 
as provided in Sec. 63.162(b) of this subpart, or comply with the 
requirements of Sec. 63.119(b) or (c) of subpart G of this part.
    8. Subpart H is amended by adding tables 2 and 3 to read as 
follows:
* * * * *

                                                                        
[[Page 18025]]                                                          
  Table 2 to Subpart H.--Surge Control Vessels and Bottoms Receivers at 
                            Existing Sources                            
------------------------------------------------------------------------
                                                               Vapor    
              Vessel capacity (cubic meters)                pressure\<SUP>1\ 
                                                           (kilopascals)
------------------------------------------------------------------------
75 <ls-thn-eq> capacity < 151............................  <gr-thn-eq>  
                                                            13.1        
151 <ls-thn-eq> capacity.................................  <gr-thn-eq>  
                                                            5.2<SUP>a        
------------------------------------------------------------------------
\1\Maximum true vapor pressure of total organic HAP at operating        
  temperature as defined in subpart G of this part.                     


  Table 3 to Subpart H.--Surge Control Vessels and Bottoms Receivers at 
                               New Sources                              
------------------------------------------------------------------------
                                                               Vapor    
              Vessel capacity (cubic meters)                pressure\<SUP>1\ 
                                                           (kilopascals)
------------------------------------------------------------------------
38 <ls-thn-eq> capacity < 151............................  <gr-thn-eq>  
                                                            13.1        
151 <ls-thn-eq> capacity.................................  <gr-thn-eq>  
                                                            0.7         
------------------------------------------------------------------------
\1\Maximum true vapor pressure of total organic HAP at operating        
  temperature as defined in subpart G of this part.                     

Subpart I--National Emission Standards for Organic Hazardous Air 
Pollutants for Certain Processes Subject to the Negotiated 
Regulation for Equipment Leaks

    9. Section 63.190 is amended by revising paragraph (b) introductory 
text, by adding paragraph (b)(7), by revising paragraph (e)(2), and by 
adding paragraphs (e)(3) through (e)(6) to read as follows:


Sec. 63.190  Applicability and designation of source.

* * * * *
    (b) Except as provided in paragraph (b)(7) of this section, the 
provisions of subparts I and H of this part apply to emissions of the 
designated organic HAP from the processes specified in paragraphs 
(b)(1) through (b)(6) of this section that are located at a plant site 
that is a major source as defined in section 112(a) of the Act. The 
specified processes are further defined in Sec. 63.191.
* * * * *
    (7) The owner or operator of a plant site at which a process 
specified in paragraphs (b)(1) through (b)(6) of this section is 
located is exempt from all requirements of subpart I until not later 
than April 22, 1997, if the owner or operator certifies, in a 
notification to the appropriate EPA Regional Office, not later than May 
10, 1995 that the plant site at which the process is located emits, and 
will continue to emit, during any 12-month period, less than 10 tons 
per year of any individual HAP, and less than 25 tons per year of any 
combination of HAP.
    (i) If such a determination is based on limitations and conditions 
that are not federally enforceable (as defined in subpart A of this 
part), the owner or operator shall document the basis for the 
determination as specified in paragraphs (b)(7)(i)(A) through 
(b)(7)(i)(C).
    (A) The owner or operator shall identify all HAP emission points at 
the plant site, including those emission points subject to and emission 
points not subject to subparts F, G, and H of this part;
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum operating 
conditions at the plant site. Examples of estimating procedures that 
are considered acceptable include the calculation procedures in 
Sec. 63.150 of subpart G, the early reduction demonstration procedures 
specified in Secs. 63.74(c)(2), (c)(3), (d)(2), (d)(3), and (g), or 
accepted engineering practices. If the total annual HAP emissions for 
the plant site are annually reported under EPCRA section 313, then such 
reported annual emissions may be used to satisfy the requirements of 
this paragraph.
    (C) The owner or operator shall sum the amount of annual HAP 
emissions from all emission points on the plant site. If the total 
emissions of any one HAP are less than 10 tons per year and the total 
emissions of any combination of HAP are less than 25 tons per year, the 
plant site qualifies for the exemption described in paragraph (b)(7) of 
this section, provided that emissions are kept below these thresholds.
    (ii) If such a determination is based on limitations and conditions 
that are federally enforceable, and the plant site is not a major 
source (as defined in subpart A of this part), the owner or operator is 
not subject to the provisions of paragraph (b)(7) of this section.
* * * * *
    (e) * * *
    (2) Existing sources shall comply no later than October 24, 1994, 
except as provided in paragraphs (e)(3) through (e)(6) of this section 
or unless an extension has been granted by the EPA Regional Office or 
operating permit authority, as provided in Sec. 63.6(i) of subpart A of 
this part.
    (3) Existing process units shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than May 10, 1995 for 
any compressor meeting one or more of the criteria in paragraphs 
(e)(3)(i) through (e)(3)(iv) of this section, if the work can be 
accomplished without a process unit shutdown, as defined in 
Sec. 63.161.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes 
to the existing barrier fluid system; or
    (iv) The compressor must be modified to permit connecting the 
compressor to a closed vent system.
    (4) Existing process units shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than January 23, 
1996, for any compressor meeting the criteria in paragraphs (e)(4)(i) 
through (e)(4)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (e)(3) (i) through (iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown 
as defined in Sec. 63.161;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; 
and
    (iv) The owner or operator submits a request to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13 of subpart A of 
this part no later than May 10, 1995. The request shall include the 
information specified in paragraphs (e)(4)(iv)(A) through (e)(4)(iv)(E) 
of this section. Unless the EPA Regional Office objects to the request 
within 30 days after receipt, the request shall be deemed approved.
    (A) The name and address of the owner or operator and the address 
of the existing source if it differs from the address of the owner or 
operator;
    (B) The name, address, and telephone number of a contact person for 
further information;
    (C) An identification of the process unit, and of the specific 
equipment for which additional compliance time is required;
    (D) The reason compliance cannot reasonably be achieved by May 10, 
1995; and
    (E) The date by which the owner or operator expects to achieve 
compliance.
    (5)(i) If compliance with the compressor provisions of Sec. 63.164 
of subpart H of this part cannot reasonably be achieved without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H, the 
owner or operator shall achieve compliance no later than April 22, 
1996, except as provided in paragraph (e)(5)(ii) of this section. The 
owner or operator who elects to use this provision shall also comply 
with the requirements of Sec. 63.192(g) of this 
subpart. [[Page 18026]] 
    (ii) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H of this part cannot be achieved without replacing the 
compressor or recasting the distance piece, the owner or operator shall 
achieve compliance no later than April 22, 1997. The owner or operator 
who elects to use this provision shall also comply with the 
requirements of Sec. 63.192(g) of this subpart.
    (6) Existing sources shall be in compliance with the provisions of 
Sec. 63.170 of subpart H no later than April 22, 1997.
* * * * *
    10. Section 63.191 is amended by revising the definition of ``surge 
control vessel'' in paragraph (b) to read as follows:


Sec. 63.191  Definitions.

* * * * *
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit when in-process storage, mixing, or management of flow rates or 
volumes is needed to assist in production of a product.
* * * * *
    11. Section 63.192 is amended by adding paragraphs (l) and (m) to 
read as follows:


Sec. 63.192  Standard.

* * * * *
    (l) To qualify for the exemption specified in Sec. 63.190(b)(7) of 
this subpart, the owner or operator shall maintain the documentation of 
the information required pursuant to Sec. 63.190(b)(7)(i), and 
documentation of any update of this information requested by the EPA 
Regional Office, and shall provide the documentation to the EPA 
Regional Office upon request. The EPA Regional Office will notify the 
owner or operator, after reviewing such documentation, whether, in the 
EPA Regional Office's judgement, the source does not qualify for the 
exemption specified in Sec. 63.190(b)(7) of this subpart. In such 
cases, compliance with this subpart shall be required no later than 90 
days after the date of such notification by the EPA Regional Office.
    (m) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.190(e)(5) (i) or (ii) shall submit a compliance 
extension request to the appropriate EPA Regional Office no later than 
May 10, 1995. The request shall contain the information specified in 
Sec. 63.190(e)(4)(iv) and the reason compliance cannot reasonably be 
achieved without a process unit shutdown, as defined in Sec. 63.161 of 
subpart H or replacement of the compressor or recasting of the distance 
piece.
* * * * *
[FR Doc. 95-8199 Filed 4-7-95; 8:45 am]
BILLING CODE 6560-50-P