[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Rules and Regulations]
[Pages 18026-18030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8198]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
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withdrawn and only those provisions on which no such adverse comments 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provisions will be withdrawn from the Direct Final Rule.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 
(Sec. 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 
Sec. 63.100 are being revised to include surge control vessels and 
bottoms receivers. [[Page 18027]] 

B. Startup/Shutdown/Malfunction Plan

    The EPA has received numerous inquiries regarding the applicability 
of the startup/shutdown/malfunction plan required by Sec. 63.6(e) of 
subpart A to equipment subject to the provisions of subpart H. 
Questions raised include whether the plan only applies to control 
devices used to comply with the requirements of subpart H or if the 
plan must also address equipment such as valves and pumps, and if so, 
how would such equipment be included in the plan.
    The EPA intended the startup/shutdown/malfunction plan to apply 
only to control devices used to comply with subpart H. However, EPA 
also thought that some owners or operators might choose to use the 
startup/shutdown/malfunction plan to specify various conditions that 
would justify delay of repair for equipment such as pumps or valves. To 
clarify this point, table 3 of subpart F is being amended to include a 
comment on how the provisions concerning startup/shutdown/malfunction 
plans apply to equipment subject to subpart H. This same comment is 
being added to subpart I as a new paragraph Sec. 63.192(b)(6)(ii).

C. Applicability of Subpart H Limited to Process Lines

    A new paragraph is being added to the applicability section of 
subpart H (Sec. 63.160) to clarify that only lines and equipment 
containing process fluid are subject to this subpart. The new paragraph 
merely incorporates into the rule the intent expressed in the preamble 
to the proposed rule. This provision had not previously been included 
in subpart H because it had been considered unnecessary. This provision 
is being added now due to a number of concerns regarding clarity of 
applicability of section 112(g) case-by-case review requirements to 
this equipment.

D. Definitions

    Two definitions are being added to subpart H and the definition for 
``duct work'' in subparts G and H is being revised. A definition for 
``closed-purge system'' is being added to clarify terminology in the 
rule and to better express the Regulatory Negotiation Committee's 
(Committee) intent regarding the requirements for sampling connection 
systems. In Committee discussions on the provisions for sampling 
connection systems, the Committee recognized the need to provide 
compliance options that would be appropriate for a wide range of 
operating conditions and processes. The Committee used the terminology 
``closed-purge system'' to refer to systems where the liquid sample 
purge was captured in a container and then returned to the process. 
This kind of system was envisioned as being the compliance option for 
processes handling heavy liquids particularly polymer processes, for 
low pressure lines, and where closed-loop sampling presented safety 
concerns. The terminology ``closed-loop sampling system'' was used to 
refer to a system where the purged fluid is returned to the process at 
a point of lower pressure. A throttle valve or other device is commonly 
used to induce the pressure drop across the sample loop. These systems 
can be used in higher pressure lines and with light liquids and 
materials that do not polymerize upon exiting the process equipment.
    The Committee included a definition for ``closed-loop system'' in 
the rule to distinguish it from ``closed-purge system''. A definition 
for ``closed purge system'' was not included because it was thought 
that the meaning would be understood from the terminology alone and the 
definition of ``closed-loop system''. Due to numerous questions 
regarding the meaning of this term and how it differs from ``closed-
loop system'', EPA believes that it is necessary to add a definition to 
clarify intent.
    A definition for ``pressure relief device or valve'' is being added 
because EPA has received inquiries from industry as well as from State 
agencies regarding the applicability of the provisions of Sec. 63.165 
to atmospheric storage vessels. Pressure/vacuum vents on atmospheric 
storage vessels are typically actuated when the vessel is filled or 
emptied and due to pressure changes resulting from diurnal temperature 
changes. The provisions of Sec. 63.165 were never intended to apply to 
these cases and are not appropriate for these vessels. The provisions 
of Sec. 63.165 were designed to ensure that pressure relief devices on 
process lines properly reseat after relieving a system overpressure. 
Pressure relief devices are safety devices commonly used to prevent 
operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. These pressure relief devices do not 
open under vacuum. The added definition for ``pressure relief device or 
valve'' is based on the type of equipment that EPA intended to regulate 
and considered in the development of the equipment leak standards 
(e.g., subparts VV, GGG, and KKK of 40 CFR part 60) as well as industry 
practice. The definition also explicitly excludes vacuum actuated 
devices as well as low pressure actuated relief devices. The 2.5 pounds 
per square inch gauge (psig) set pressure specified in the definition 
is based on the American Petroleum Institute (API) pressure rating for 
atmospheric pressure tanks. Operation at higher pressures or vacuums 
may cause damage to the tank.
    The EPA is revising the definition of ``duct work'' in order to 
more specifically designate the intended equipment. The term ``duct 
work'' is presently defined in the rule as ``a conveyance system that 
does not meet the definition of hard piping.'' The EPA recognizes that 
this definition is too broad and can be misconstrued as applying to 
tank trucks, rail cars, or anything that conveys that is not hard 
piping. The term ``duct work'' was intended to designate systems for 
conveyance of gases like those commonly used for heating and 
ventilation systems. These systems are commonly constructed of sheet 
metal and have sections connected by screws or crimping. The revised 
definition uses this description to more specifically identify the 
types of systems EPA considers more likely to develop leaks and thus 
identify those systems where annual inspection with an instrument that 
meets the specifications of Method 21 is appropriate.
    The definition for ``Research and Development Facility'' was 
inadvertently omitted from subpart I when the applicability provisions 
for the non-SOCMI processes was separated from those for the SOCMI 
processes. The definition for ``Research and Development Facility'' in 
Sec. 63.101 of subpart F is being added to Sec. 63.191 of subpart I to 
correct this oversight.

E. Miscellaneous Changes

    Paragraph (b) of 63.160 is being revised to clarify that this 
override of existing equipment leak rules only applies after the source 
must comply with subpart H. The EPA has recently learned that some 
people have interpreted the rule to allow suspension of compliance with 
applicable part 60 or 61 equipment leak rules even though the subpart H 
compliance date had not occurred yet. The Committee's intent with this 
provision was to avoid duplication of effort. Owing to the confusion 
surrounding the present language, EPA is correcting the drafting of 
this paragraph.
    Paragraph (a) of Sec. 63.169 of subpart H is revised to clarify 
that there must be potential for discharge to the atmosphere before 
repair is required. It is necessary to clarify this point because there 
are processes where pressure relief [[Page 18028]] devices discharge 
into a lower pressure section of the process and there are no emissions 
to the atmosphere. The EPA is clarifying the language in Sec. 63.169(a) 
to avoid unnecessary repair actions and recordkeeping. This 
clarification does not alter the requirement for documentation of 
proper reseating of pressure relief devices or valves that vent to the 
atmosphere.
    The EPA is also correcting paragraph (b) of Sec. 63.169 by adding 
the leak definition for pumps in polymerizing monomer service. Section 
63.169(b) presently defines a leak for pumps in heavy liquid service as 
2,000 parts per million (ppm) regardless of the material handled. The 
EPA believes that use of the 2,000 ppm leak definition for all pumps in 
heavy liquid service was a drafting oversight since it was the 
Committee's judgment in establishing the standard for pumps in light 
liquid service that 5,000 ppm represented best performance 
(Sec. 63.163(b)(2)(iii)) for pumps handling polymerizing monomers.
    The recordkeeping requirement for owners or operators who elect to 
adjust monitoring frequency by time in use was inadvertently included 
with the recordkeeping requirements for pressure testing of equipment 
(Sec. 63.181(e)(2)). This requirement is only relevant for those batch 
processes for which the owner or operator elects compliance using the 
leak detection and repair program in Sec. 63.178(c). Most of the 
recordkeeping requirements for Sec. 63.178(c) are presented in 
Sec. 63.181(b)(9). Therefore, paragraph (e)(2) is being redesignated as 
paragraph (b)(9)(ii). Section 63.181(e)(2) is being reserved to avoid 
renumbering the rest of paragraph (e).
    The EPA has recently received several inquiries regarding the time 
period to be covered in the first semiannual report. The concern is 
that Sec. 63.182(d)(1) appears to require the periodic report to 
include a summary of the monitoring information for the period on the 
day that the report is due. Thus, the owners and operators of sources 
subject to subpart H would have no time to compile, analyze, and 
organize the raw data for the report. The EPA intended to provide 
owners and operators of sources subject to subpart H 90 days to 
compile, analyze, and organize data for the periodic reports. The 
present wording of Sec. 63.182(d)(1) does not clearly communicate that 
intent. Therefore, Sec. 63.182(d)(1) is being amended by adding two 
sentences to specify that the first periodic report shall cover the 
first 6-month period from the compliance date and that each subsequent 
report would cover the 6-month period from the last report.
    The EPA has also recently determined that a reporting requirement 
that was intended for screwed connectors subject to Sec. 63.174(c) was 
inadvertently retained in the final rule. During consideration of 
public comments on the proposed rule, EPA had decided to remove the 
requirements for separate recordkeeping and reporting for screwed 
connectors in order to reduce the burden of the rule. Due to an 
oversight Secs. 63.182(d)(2) (x) and (xii) were not removed as 
intended. The EPA is, therefore, correcting this oversight by removing 
Secs. 63.182(d)(2) (x) and (xii). These paragraphs are being reserved 
to avoid renumbering the paragraph.

II. 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.

III. 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 (PM-223Y); U.S. 
Environmental Protection Agency; 401 M Street, SW; Washington, DC 20460 
or by calling (202) 260-2740.
    Today's changes to the NESHAP should have no impact on the 
information collection burden estimates made previously. The changes 
consist of new definitions and clarifications of requirements; not 
additional requirements. Consequently, 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 issued today clarify the 
rule and do not add any additional control requirements. The EPA 
believes that these 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.

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.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: March 28, 1995.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I, part 
63 subparts F, H, and I of the Code of Federal Regulations are 
corrected as follows:
    1. The authority citation for part 63 continues to read as follows:

    Authority: sections 101, 112, 114, 116, and 301 of the Clean Air 
Act (42 U.S.C. 7401, et seq., as amended by Pub. L. 101-549, 104 
Stat. 2399).

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

    2. Section 63.100 is corrected by revising the first sentence of 
paragraph (l)(4) introductory text and by revising paragraph 
(l)(4)(ii)(B) to read as follows:


Sec. 63.100  Applicability and designation of source.

* * * * *
    (l) * * *
    (4) If an additional chemical manufacturing process unit is added 
to a plant site, or if an emission point is added to an existing 
chemical manufacturing process unit, or if another deliberate 
operational process change creating an additional Group 1 emission 
point(s) is made to an existing chemical manufacturing process unit, or 
if a surge control vessel or bottoms receiver becomes subject to 
Sec. 63.170 of subpart H, or if a compressor becomes subject to 
Sec. 63.164 of subpart H, and if the addition or change is not subject 
to the new source requirements as determined according to paragraphs 
(l)(1) or (l)(2) of this section, the [[Page 18029]] requirements in 
paragraphs (l)(4)(i) through (l)(4)(iii) of this section shall apply. * 
* *
    (ii) * * *
    (B) If a deliberate operational process change to an existing 
chemical manufacturing process unit causes a Group 2 emission point to 
become a Group 1 emission point, if a surge control vessel or bottoms 
receiver becomes subject to Sec. 63.170 of subpart H, or if a 
compressor becomes subject to Sec. 63.164 of subpart H, the owner or 
operator shall be in compliance upon initial start-up or by 3 years 
after April 22, 1994, whichever is later, unless the owner or operator 
demonstrates to the Administrator that achieving compliance will take 
longer than making the change. If this demonstration is made to the 
Administrator's satisfaction, the owner or operator shall follow the 
procedures in paragraphs (m)(1) through (m)(3) of this section to 
establish a compliance date.
* * * * *

Table 3 of Subpart F--[Amended]

    3. In Table 3 of subpart F, is the entry for ``63.6(e)'' is amended 
by adding two sentences in the ``Comment'' column to read as follows:
Table 3 to Subpart F--General Provisions Applicability to Subpart F, G 
and H
* * * * *

------------------------------------------------------------------------
                       Applies to Subparts                              
      Reference            F, G, and H                 Comment          
------------------------------------------------------------------------
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
63.6(e).............  Yes.................  * * * For subpart H, the    
                                             startup, shutdown, and     
                                             malfunction plan           
                                             requirement of Sec.        
                                             63.6(e)(3) is limited to   
                                             control devices subject to 
                                             the provisions of subpart H
                                             and is optional for other  
                                             equipment subject to       
                                             subpart H. The startup,    
                                             shutdown, and malfunction  
                                             plan may include written   
                                             procedures that identify   
                                             conditions that justify a  
                                             delay of repair.           
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
------------------------------------------------------------------------

Subpart G--National Emission Standards for Organic Hazardous Air 
Pollutants from Synthetic Organic Chemical Manufacturing Industry 
Process Vents, Storage Vessels, Transfer Operations, and Wastewater

    4. Section 63.111 is amended by revising the definition for ``duct 
work'' to read as follows:


Sec. 63.110  Definitions.

* * * * *
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
* * * * *

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

    5. Section 63.160 is amended by removing paragraph (d), 
redesignating paragraph (c) as paragraph (d); by revising paragraph 
(b); by adding and reserving a new paragraph (c), and by adding a new 
paragraph (e) to read as follows:


Sec. 63.160  Applicability and designation of source.

* * * * *
    (b) After the compliance date for a process unit, equipment to 
which this subpart applies that are also subject to the provisions of:
    (1) 40 CFR part 60 will be required to comply only with the 
provisions of this subpart.
    (2) 40 CFR part 61 will be required to comply only with the 
provisions of this subpart.
* * * * *
    (e) Except as provided in any subpart that references this subpart, 
lines and equipment not containing process fluids are not subject to 
the provisions of this subpart. Utilities, and other non-process lines, 
such as heating and cooling systems which do not combine their 
materials with those in the processes they serve, are not considered to 
be part of a process unit.
* * * * *
    6. Section 63.161 is amended by adding in alphabetical order 
definitions for ``closed-purge system'' and ``pressure relief device'' 
and by revising the definition for ``duct work'' to read as follows:
* * * * *


Sec. 63.161  Definitions.

* * * * *
    Closed-purge system means a system or combination of system and 
portable containers, to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
* * * * *
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
* * * * *
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable 
working pressure of the process equipment. A common pressure relief 
device is a spring-loaded pressure relief valve. Devices that are 
actuated either by a pressure of less than or equal to 2.5 psig or by a 
vacuum are not pressure relief devices.
* * * * *
    7. Section 63.169 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 63.169  Standards: Pumps, valves, connectors, and agitators in 
heavy liquid service; instrumentation systems; and pressure relief 
devices in liquid service.

    (a) Pumps, valves, connectors, and agitators in heavy liquid 
service, pressure relief devices in light liquid or heavy liquid 
service, and instrumentation systems shall be monitored within 5 
calendar days by the method specified in Sec. 63.180(b) of this subpart 
if evidence of a potential leak to the atmosphere is found by visual, 
audible, olfactory, or any other detection method. If such a potential 
leak is repaired as required in paragraphs (c) and (d) of this section, 
it is not necessary to monitor the system for leaks by the method 
specified in Sec. 63.180(b) of this subpart.
    (b) If an instrument reading of 10,000 parts per million or greater 
for agitators, 5,000 parts per million or greater for 
[[Page 18030]] pumps handling polymerizing monomers, 2,000 parts per 
million or greater for pumps in food/medical service or pumps subject 
to Sec. 63.163(b)(iii)(C), or 500 parts per million or greater for 
valves, connectors, instrumentation systems, and pressure relief 
devices is measured, a leak is detected.
* * * * *
    8. Section 63.181 is amended by redesignating paragraph (b)(9) as 
paragraph (b)(9)(i), by redesignating paragraph (e)(2) as paragraph 
(b)(9)(ii), and by reserving paragraph (e)(2).


Sec. 63.181  Recordkeeping requirements.

    9. Section 63.182 is amended by adding two sentences to paragraph 
(d)(1) and by removing and reserving paragraphs (d)(2)(x) and (xii) to 
read as follows:


Sec. 63.182  Reporting requirements.

* * * * *
    (d) * * *
    (1) * * * The first periodic report shall cover the first 6 months 
after the compliance date specified in Sec. 63.100(k)(3) of subpart F. 
Each subsequent periodic report shall cover the 6 month period 
following the preceding period.
* * * * *

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

    10. Section 63.191 is amended by adding in alphbertical order a 
definition for ``research and development facility'' to paragraph (b) 
to read as follows:


Sec. 63.191  Definitions.

    (b) * * *
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products except in a deminimis manner.
* * * * *
    11. Section 63.192 is amended by redesignating paragraph (b)(6) as 
paragraph (b)(6)(i) and adding paragraph (b)(6)(ii) to read as follows:


Sec. 63.192  Standard.

* * * * *
    (b) * * *
    (6)(i) * * *
    (ii) The operational and maintenance requirements of Sec. 63.6(e). 
The startup, shutdown, and malfunction plan requirement of 
Sec. 63.6(e)(3) is limited to control devices subject to the provisions 
of subpart H of part 63 and is optional for other equipment subject to 
subpart H. The startup, shutdown, and malfunction plan may include 
written procedures that identify conditions that justify a delay of 
repair.
* * * * *
[FR Doc. 95-8198 Filed 4-7-95; 8:45 am]
BILLING CODE 6560-50-P