18020 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Arizona was approved by the Director of the

Federal Register on July 1, 1982.

Dated: February 28, 1995.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart D—Arizona

2. Section 52.120 is amended by

adding paragraphs (c) (67)(i)(B), (73),

(74), and (77) and by adding and

reserving paragraphs (c) (72), (75), and

(76) to read as follows:

§ 52.120 Identification of plan.

* * * * *

(c) * * *

(67) * * *

(i) * * *

(B) Amended Maricopa County

Division of Air Pollution Control Rule

314, adopted July 13, 1988.

* * * * *

(72) [Reserved]

(73) Plan revisions were submitted on

August 11, 1993 by the Governor’s

designee.

(i) Incorporation by reference.

(A) The Maricopa Association of

Governments 1991 Particulate Plan for

PM10 for the Maricopa County Area and

1993 Revisions, Chapters 1, 2, 3, 4, 5, 6,

7, 8, 10 and Appendices A through D,

adopted August 11, 1993.

(74) Plan revisions were submitted by

the Governor’s designee on March 3,

1994.

(i) Incorporation by reference.

(A) Maricopa County Division of Air

Pollution Control new Rule 316,

adopted July 6, 1993, and revised Rule

311, adopted August 2, 1993.

(B) The Maricopa Association of

Governments 1991 Particulate Plan for

PM10 for the Maricopa County Area and

1993 Revisions, Revised Chapter 9

adopted on March 3, 1994.

(75) [Reserved]

(76) [Reserved]

(77) Amended regulations for the

Maricopa County Division of Air

Pollution Control submitted by the

Governor’s designee on December 19,

1994.

(i) Incorporation by reference.

(A) Maricopa County Division of Air

Pollution Control Rule 310, adopted on

September 20, 1994.

[FR Doc. 95–8215 Filed 4–7–95; 8:45 am]

BILLING CODE 6560–50–P

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.

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
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations 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 § 63.100(b)(4),

§ 63.103(f), and § 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, § 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 caseby-case compliance extensions under

certain circumstances. Specifically,

§ 63.100(k)(4) is being added to subpart

F and § 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 §§ 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 § 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

§ 63.164. These provisions are provided

in § 63.100(k)(6)(ii) and

§ 63.190(e)(5)(ii).

C. Amendments to Provisions for Surge

Control Vessels and Bottoms Receivers,

§ 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
18022 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

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,

§ 63.100(b)(4)(i)(B) and

§ 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 § 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 § 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 § 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.
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations 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:

§ 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 § 63.150 of subpart G, the

early reduction demonstration

procedures specified in §§ 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-toKnow Act (EPCRA) section 313, then

such reported annual emissions may be

used to satisfy the requirements of

§ 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 § 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 § 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 § 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 § 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 § 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 § 63.164 of

subpart H of this part can not reasonably

be achieved without a process unit

shutdown, as defined in § 63.161 of

subpart H, the owner or operator shall

achieve compliance no later than April
18024 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

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 § 63.103(g) of this

subpart.

(ii) If compliance with the compressor

provisions of § 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 § 63.103(g) of this subpart.

(7) Existing sources shall be in

compliance with the provisions of

§ 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

§ 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:

§ 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:

§ 63.103 General compliance, reporting

and recordkeeping requirements.

* * * * *

(f) To qualify for the exemption

specified in § 63.100(b)(4) of this

subpart, the owner or operator shall

maintain the documentation of the

information required pursuant to

§ 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

§ 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 § 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 § 63.6(i)

of subpart A of this part.

(g) An owner or operator who elects

to use the compliance extension

provisions of § 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

§ 63.100(k)(3), but in no event is

submittal required earlier than May 10,

1995. The request shall contain the

information specified in

§ 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 § 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

§ 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:

§ 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:

§ 63.161 Definitions.

* * * * *

Compliance date means the dates

specified in § 63.100(k) or § 63.100(l)(3)

of subpart F of this part for process units

subject to subpart F of this part; the

dates specified in § 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

§ 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:

§ 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 closedvent 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

§ 63.172 of this subpart, except as

provided in § 63.162(b) of this subpart,

or comply with the requirements of

§ 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:

* * * * *
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations 18025

TABLE 2 TO SUBPART H.—SURGE

CONTROL VESSELS AND BOTTOMS

RECEIVERS AT EXISTING SOURCES

Vessel capacity (cubic meters)

Vapor pressure1

(kilopascals)

75 ≤ capacity < 151 ................. ≥ 13.1

151 ≤ capacity .......................... ≥ 5.2a

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

Vessel capacity (cubic meters)

Vapor pressure1

(kilopascals)

38 ≤ capacity < 151 ................. ≥ 13.1

151 ≤ capacity .......................... ≥ 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:

§ 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

§ 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 § 63.150 of subpart G, the

early reduction demonstration

procedures specified in §§ 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 § 63.6(i) of

subpart A of this part.

(3) Existing process units shall be in

compliance with the requirements of

§ 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 § 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

§ 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 § 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 § 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 § 63.164 of

subpart H of this part cannot reasonably

be achieved without a process unit

shutdown, as defined in § 63.161 of

subpart H, the owner or operator shall

achieve compliance no later than 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 § 63.192(g) of this

subpart.
18026 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

(ii) If compliance with the compressor

provisions of § 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 § 63.192(g) of this subpart.

(6) Existing sources shall be in

compliance with the provisions of

§ 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:

§ 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:

§ 63.192 Standard.

* * * * *

(l) To qualify for the exemption

specified in § 63.190(b)(7) of this

subpart, the owner or operator shall

maintain the documentation of the

information required pursuant to

§ 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 § 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 § 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 § 63.190(e)(4)(iv) and the

reason compliance cannot reasonably be

achieved without a process unit

shutdown, as defined in § 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

40 CFR Part 63

[AD-FRL–5182–7]

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: Direct final rule.

SUMMARY: This action corrects errors

and clarifies regulatory text of 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,’’ which was issued as a final rule

on April 22, 1994 and June 6, 1994. This

rule is commonly known as the

Hazardous Organic NESHAP or the

HON.

EFFECTIVE DATE: The direct final rule

will be effective May 22, 1995, unless

significant, adverse comments are

received by May 10, 1995. If significant,

adverse comments are timely received

on any provision of the direct final rule,

that provision of the direct final rule

will be withdrawn and only those

provisions on which no such adverse

comments are received will become

effective on May 22, 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: If

significant adverse comments are timely

received on any provision of this direct

final rule, all such comments will be

addressed in a subsequent final rule

based on those provisions of the

proposed rule contained in the

Proposed Rules Section of this Federal

Register that is identical to this direct

final rule. Such provisions will be

withdrawn from the Direct Final Rule.

Provisions of the Direct Final Rule that

do not receive timely significant adverse

comment will become final 40 days

from today’s Federal Register Notice. If

no significant adverse comments are

timely filed on any provision of this

direct final rule then the entire direct

final rule will become effective 40 days

from today’s Federal Register notice

and no further action is contemplated

on the parallel proposal published

today.

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

June 6, 1994 (59 FR 29196), the

Environmental Protection Agency (EPA)

promulgated in the Federal Register

national emission standards for

hazardous air pollutants (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.

This document corrects several

oversights in the drafting of subparts F,

H, and I of the final regulation. Also,

several definitions are being added to

subparts H and I to clarify the intent of

certain provisions in these subparts.

These changes do not significantly

modify the requirements of the

regulation.

I. Description of Changes

A. Compliance Dates for Emission

Points at Existing Sources Affected by

Operational Changes

Subparts F and G established

administrative procedures to address

operational changes that were believed

likely to occur at SOCMI facilities.

These procedures specify the

notification and approval requirements

for each type of change as well as the

compliance date for equipment affected

by the change. When these provisions

(§ 63.100(l)) were drafted the need to

include surge control vessels and

bottoms receivers in the list of potential

changes was not recognized. Because

the nature of the equipment changes

required for control of surge control

vessels and bottoms receivers is similar

to that required for compliance with

subpart G, similar compliance times

need to be provided for surge control

vessels and bottoms receivers.

Therefore, the provisions in paragraphs

(l)(4) and (l)(4)(ii) in § 63.100 are being

revised to include surge control vessels

and bottoms receivers.