Friday, July 12, 2002

Part II

Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology; Final Rules and Proposed Rule

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ENVIRONMENTAL PROTECTION under one subpart, thus promoting standards with this action include: AGENCY regulatory consistency in NESHAP Cyanide Chemicals Manufacturing development. The EPA has identified (Docket No. A–2000–14), Carbon Black 40 CFR Part 63 these four source categories as major Production (Docket No. A–98–10), sources of hazardous air pollutants [FRL–7215–7] Ethylene Production (Docket No. A–98– (HAP), including cyanide compounds, 22), and Spandex Production (Docket RIN 2060–AH68 acrylonitrile, acetonitrile, carbonyl No. A–98–25). These dockets include sulfide, carbon disulfide, benzene, 1,3 source-category-specific supporting National Emission Standards for butadiene, toluene, and 2,4 toluene information. All dockets are located at Hazardous Air Pollutants: Generic diisocyanate (TDI). Benzene is a known the U.S. EPA, Air and Radiation Docket Maximum Achievable Control human carcinogen, and 1,3 butadiene is and Information Center, Waterside Mall, Technology considered to be a probable human Room M–1500, Ground Floor, 401 M carcinogen. The other pollutants can AGENCY: Environmental Protection Street SW, Washington, DC 20460, and cause noncancer health effects in Agency (EPA). may be inspected from 8:30 a.m. to 5:30 humans. These standards will ACTION: Final rule; amendments. implement section 112(d) of the Clean p.m., Monday through Friday, excluding Air Act (CAA) by requiring all major legal holidays. SUMMARY: This action promulgates sources to meet HAP emission standards amendments to the ‘‘generic’’ maximum FOR FURTHER INFORMATION CONTACT: For reflecting the application of MACT. This achievable control technology (MACT) further information concerning action also promulgates NESHAP for the standards to add national emission applicability and rule determinations, heat exchange systems and wastewater standards for hazardous air pollutants contact the appropriate State or local operations at ethylene manufacturing (NESHAP) for four additional source agency representative. If no State or facilities. categories: Cyanide Chemicals local representative is available, contact Manufacturing, Carbon Black EFFECTIVE DATE: July 12, 2002. the EPA Regional Office staff listed in Production, Ethylene Production, and ADDRESSES: Docket No. A–97–17 40 CFR 63.13. For information Spandex Production. The generic MACT contains supporting information used in concerning the analyses performed in standards provide a structural developing the generic MACT developing the NESHAP, contact the framework that allows source categories standards. Dockets established for each following at the Emission Standards with similar emission types and MACT of the source categories to be Division, U.S. EPA, Research Triangle control requirements to be covered assimilated under the generic MACT Park, North Carolina 27711:

Information type Contact (mailcode) Group Phone/facsimile/ e-mail address

General ...... Mark Morris (C50404) ... Organic Chemicals (919) 541–5416/(919) 541–3470/[email protected] Group. Cyanide Chemicals Manu- Keith Barnett (C50405) Organic Chemicals (919) 541–5605/(919) 541–3470/[email protected] facturing. Group. Carbon Black Production John Schaefer (C50404) Organic Chemicals (919) 541–0296/(919) 541–3470/[email protected] Group. Ethylene Production ...... Warren Johnson Organic Chemicals (919) 541–5267/(919) 541–3470/[email protected] (C50404). Group. Spandex Production ...... Elaine Manning Waste and Chemical (919) 541–5499/(919) 541–3470/[email protected] (C43903). Processes Group.

SUPPLEMENTARY INFORMATION: Docket. for review in the docket or copies may electronic copy of today’s final NESHAP The docket is an organized and be mailed on request from the Air will also be available on the WWW complete file of all the information Docket by calling (202) 260–7548. A through the Technology Transfer considered by the EPA in the reasonable fee may be charged for Network (TTN). Following the development of this rulemaking. The copying docket materials. Administrator’s signature, a copy of the docket is a dynamic file because Public Comments. The NESHAP for NESHAP will be posted on the TTN’s material is added throughout the the four source categories mentioned policy and guidance page for newly rulemaking process. The docketing above were proposed on December 6, proposed or final rules at http:// system is intended to allow members of 2000 (65 FR 76408). The comment www.epa.gov/ttn/oarpg/t3pfpr.html. the public and industries involved to letters received on the proposal are The TTN provides information and readily identify and locate documents available in Docket No. A–97–17 or the technology exchange in various areas of so that they can effectively participate dockets established for the four source air pollution control. If more in the rulemaking process. Along with ADRESSESS categories (see ), along with a information regarding the TTN is the proposed and promulgated summary of the comment letters and needed, call the TTN HELP line at (919) standards and their preambles, the EPA’s responses to the comments. In 541–5384. contents of the docket will serve as the response to the public comments, EPA record in the case of judicial review. adjusted the final NESHAP where Regulated Entities. Categories and (See section 307(d)(7)(A) of the CAA.) appropriate. entities potentially regulated by this The regulatory text and other materials Worldwide Web (WWW). In addition action include: related to this rulemaking are available to being available in the docket, an

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Category NAICS code SIC code Examples of regulated entities

Industrial ...... 325188, 325199 ...... 2819, 2869 ...... Producers and coproducers of hydrogen cya- nide and sodium cyanide. 325182 ...... 2895 ...... Producers of carbon black by thermal- oxidative decomposition in a closed sys- tem, thermal decomposition in a cyclic process, or thermal decomposition in a continuous process. 325110 ...... 2869 ...... Producers of ethylene from refined petroleum or liquid hydrocarbons. 325222 ...... 2824 ...... Producers of spandex.

This table is not intended to be B. Summary of Major Comments and Manufacturing, July 16, 1992 (57 FR exhaustive, but rather provides a guide Changes Since Proposal 31576) and February 12, 1998 (63 FR for readers regarding entities likely to be C. New Source Review/Prevention of 6291); Carbon Black Production, June 4, Significant Deterioration Applicability regulated by this action. Not all facilities V. Ethylene Production 1996 (61 FR 28197); Ethylene classified under the NAICS or SIC codes A. Summary of Environmental, Energy, Production, June 4, 1996 (61 FR 28197); are affected. Other types of entities not Cost, and Economic Impacts and Spandex Production, July 16, 1992 listed could be affected. To determine B. Summary of Major Comments and (57 FR 31576). Major sources of HAP are whether your facility is regulated by this Changes Since Proposal those that have the potential to emit action, you should examine the VI. Spandex Production greater than 10 tons per year (tpy) of any applicability criteria in § 63.1104 of the A. Summary of Environmental, Energy, one HAP or 25 tpy of any combination final NESHAP. If you have any Cost and Economic Impacts of HAP. B. Summary of Major Comments and questions regarding the applicability of Changes Since Proposal C. What Criteria Are Used in the this action to a particular entity, consult VII. Administrative Requirements Development of NESHAP? the person listed in the preceding FOR A. Executive Order 12866, Regulatory FURTHER INFORMATION CONTACT section. Planning and Review Section 112 of the CAA requires that Judicial Review: The NESHAP were B. Executive Order 13132, Federalism we establish NESHAP for the control of proposed on December 6, 2000 (65 FR C. Executive Order 13175, Consultation and Coordination with Indian Tribal HAP from both new and existing major 76408). This action announces EPA’s sources. The CAA requires the NESHAP final decisions on the NESHAP. Under Governments D. Executive Order 13045, Protection of to reflect the maximum degree of section 307(b)(1) of the CAA, judicial Children from Environmental Health reduction in emissions of HAP that is review of the final NESHAP is available Risks and Safety Risks achievable. This level of control is by filing a petition for review in the U.S. E. Unfunded Mandates Reform Act of 1995 commonly referred to as the MACT. Court of Appeals for the District of F. Regulatory Flexibility Act (RFA) as Columbia Circuit by September 10, Amended by the Small Business The MACT floor is the minimum 2002. Only those objections to the Regulatory Enforcement Fairness Act of control level allowed for NESHAP and NESHAP which were raised with 1996 (SBREFA), 5 U.S.C. 601, et seq. is defined under section 112(d)(3) of the reasonable specificity during the period G. Paperwork Reduction Act CAA. In essence, the MACT floor H. National Technology Transfer and for public comment may be raised ensures that the standard is set at a level Advancement Act that assures that all major sources during judicial review. Under section I. Congressional Review Act 307(b)(2) of the CAA, the requirements achieve the level of control at least as J. Executive Order 13211, Actions stringent as that already achieved by the that are the subject of today’s final Concerning Regulations That NESHAP may not be challenged later in Significantly Affect Energy Supply, better-controlled and lower-emitting civil or criminal proceedings brought by Distribution, or Use sources in each source category or subcategory. For new sources, the EPA to enforce these requirements. I. Introduction Outline. The information presented in MACT floor cannot be less stringent this preamble is organized as follows: A. What Is the Purpose of the NESHAP? than the emission control that is achieved in practice by the best- I. Introduction The purpose of the final NESHAP is controlled similar source. The MACT A. What Is the Purpose of the NESHAP? to protect the public health by reducing standards for existing sources can be B. What is the source of authority for emissions of HAP from facilities in four less stringent than standards for new development of NESHAP? source categories: Cyanide Chemicals C. What criteria are used in the sources, but they cannot be less Manufacturing, Carbon Black development of NESHAP? stringent than the average emission Production, Ethylene Production, and D. Why is the EPA including today’s limitation achieved by the best- Spandex Production. standards in the generic MACT performing 12 percent of existing standards? II. Summary of Major Comments and B. What Is the Source of Authority for sources in the category or subcategory Changes Since Proposal to 40 CFR Part Development of NESHAP? (or the best-performing five sources for 63, Subpart YY and the Referenced Section 112 of the CAA requires us to categories or subcategories with fewer Subparts list categories and subcategories of than 30 sources). III. Cyanide Chemicals Manufacturing major sources and area sources of HAP In developing MACT, we also A. Summary of Environmental, Energy, and to establish NESHAP for the listed consider control options that are more Cost, and Economic Impacts B. Summary of Major Comments and source categories and subcategories. The stringent than the floor. We may Changes Since Proposal four categories of major sources for establish standards more stringent than IV. Carbon Black Production which NESHAP are being established by the floor based on the consideration of A. Summary of Environmental, Energy, today’s action were listed on the cost of achieving the emissions Cost, and Economic Impacts following dates: Cyanide Chemicals reductions, any health and

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environmental impacts, and energy performance of closed vent systems and emissions of 10.3 Mg/yr (11.4 tpy), an requirements. control devices. Subpart SS currently increase in carbon monoxide (CO) states that ‘‘all monitoring equipment D. Why Is the EPA Including Today’s emissions of 42.1 Mg/yr (46.4 tpy), and shall be installed, calibrated, Standards in the Generic MACT an increase in particulate matter (PM) maintained, and operated according to Standards? emissions of 0.3 Mg/yr (0.3 tpy). manufacturer’s specifications or other Increases in emissions would result We are including NESHAP for the written procedures that provide from on-site combustion of fossil fuels Cyanide Chemicals Manufacturing, adequate assurance that the equipment and emission streams because of control Carbon Black Production, Ethylene would reasonably be expected to device operations. Production, and Spandex Production monitor accurately.’’ Therefore, owners source categories under the generic and operators are already required by 2. What Are the Non-Air Health, MACT standards to reduce the subpart SS to follow written Environmental, and Energy Impacts? regulatory burden associated with the performance specifications, but not development of separate rulemakings. necessarily the ones that we proposed in We believe that there will not be An owner or operator should consult the amendments. significant adverse non-air health, the generic MACT standards for We have decided not to include the environmental or energy impacts information on applicability of the performance specifications for CPMS in associated with the final standards. This standards to their source, compliance the final subpart SS for two reasons. is supported by impacts analyses schedules, and standards. The generic First, the number and complexity of the associated with the application of the MACT standards generally refer the comments would not allow for the control and recovery devices required owner or operator to other subparts for expeditious promulgation of the under the final standards. We determine requirements necessary to demonstrate standards for the four source categories impacts relative to the baseline that is compliance. we are including under subpart YY. set at the level of control in absence of We are including the NESHAP for the Second, we are currently developing the rule. Cyanide Chemicals Manufacturing, performance specifications for CPMS to Control of equipment leaks is Carbon Black Production, Ethylene be followed by owners and operators of Production, and Spandex Production all sources subject to standards under 40 expected to reduce the amount of HAP- source categories in the generic MACT CFR part 63. containing material that would be standards to simplify the rulemaking Since owners and operators subject to discharged to a facility’s wastewater process, to minimize the potential for subpart SS are currently required to treatment stream through equipment duplicative or conflicting requirements, follow specifications for CPMS, even washdown or from stormwater runoff. to conserve limited resources, and to though they may not be as specific as The use of a scrubber for HAP control ensure consistency of the air emissions those we proposed, we have decided to of emissions from vents will create requirements applied to similar wait for the rulemaking that will HAP-containing effluent. It is emission points. We believe that the propose performance specifications for anticipated that any wastewater stream generic MACT regulatory framework is all of 40 CFR part 63. We decided it created from the use of a scrubber appropriate for these source categories would be premature to promulgate would be treated at a facility’s because it allows us to incorporate performance specifications for subpart wastewater treatment system with other specific applicability and control SS when the performance specifications waste streams. requirements that reflect our decisions that would ultimately be promulgated on these source categories while also for all of 40 CFR part 63 may be There are minimal solid or hazardous utilizing generic requirements significantly different as a result of waste impacts expected as a result of the previously established for similar possible public comments received on final standards. A small amount of solid emission sources that we have that rulemaking. waste may result from replacement of determined are also applicable here. equipment such as seals, packing, III. Cyanide Chemicals Manufacturing rupture disks, and other equipment II. Summary of Major Comments and A. Summary of Environmental, Energy, components, such as pumps and valves. Changes Since Proposal to 40 CFR Part Cost, and Economic Impacts A minimum amount of solid or 63, Subpart YY and the Referenced hazardous waste could also be generated Subparts 1. What Are the Air Quality Impacts? from the use of steam strippers to The major comments received regard Nationwide baseline HAP emissions control wastewater emissions. The the performance specifications for are estimated to be 238 megagrams per possible sources generated include continuous parameter monitoring year (Mg/yr) (263 tpy). The final organic compounds recovered in the systems (CPMS) that were proposed as standards will reduce HAP emissions by steam stripper overhead condenser or an amendment to the referenced 40 CFR approximately 106 Mg/yr (117 tpy). This solids removed during feed part 63, subpart SS. Other comments is a 45 percent HAP emission reduction pretreatment. received on subpart YY and the from the baseline level for this source referenced subparts and the responses to category and a 58 percent reduction for The energy demands associated with those comments are in Docket No. A– those facilities required to install the final standards will result from the 97–17. controls to comply with the final use of additional electricity, natural gas, Several commenters stated that the standards. and fuel oil to run control equipment. proposed performance specifications for We also estimate that the final The storage tank, transfer operations, CPMS would be costly and would not standards will reduce emissions of equipment leak, and wastewater provide an environmental benefit. We volatile organic compounds (VOC) by controls are not expected to require any proposed performance specifications for 102 Mg/yr (113 tpy). We estimate that additional energy. The total nationwide CPMS to ensure that such systems are the final standards will result in an energy demand that would result from installed, calibrated, and operated in a increase in sulfur oxides (SOX) implementing the process vent controls manner that would yield accurate and emissions of 7.3 Mg/yr (8 tpy), an is approximately 3.1 × 1014 Joules per reliable information regarding the increase in nitrogen oxides (NOX) year.

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3. What Are the Cost and Economic the rule by revising the definition of HCN rich vent streams that are routed Impacts? ‘‘CCMPU’’ as follows: to a boiler or industrial furnace for use The total estimated capital cost of the Cyanide chemicals manufacturing process as fuel. We did this to be consistent final standards is $939,000. The total unit or CCMPU means the equipment with other NESHAP and because these estimated annual cost of the final assembled and connected by hard-piping or vent streams are already regulated by other standards. Once we removed these standards is $2.4 million. These costs duct work to process raw materials to manufacture, store, and transport a cyanide streams and adjusted the floor based on represent fourth quarter 1998 dollars. chemicals product. A cyanide chemicals new information received from We prepared an economic impact manufacturing process unit shall be limited industry, the MACT floor and MACT analysis to evaluate the impacts that the to any one of the following: an Andrussow level of control was determined to final standards would have on the process unit, a BMA process unit, a sodium reduce HAP emissions by 98 weight- cyanide manufacturing market, cyanide process unit, or a Sohio hydrogen percent (rather than by 99 weight- consumers, and society. The total cyanide process unit * * *. percent) or to a concentration level of 20 annualized social cost (in 1998 dollars) The commenter explained that, as parts per million by volume (ppmv). of the final standards on the industry is proposed, the definition of CCMPU could include a chemical manufacturing Therefore, the final standards have been $2.4 million, which is much less than modified to require that you reduce process unit that creates HCN or sodium 0.001 percent of total baseline revenue HAP emissions from Andrussow/BMA cyanide as an incidental or unintended for the affected sources. A screening process vents by 98 weight-percent byproduct that could be considered an analysis indicates that no individual (rather than by 99 weight-percent), or to affected source subject to the cyanide firm affected by the final standards for a concentration level of 20 ppmv. chemicals manufacturing requirements. the cyanide chemicals manufacturing Because the MACT level of control has The commenter stated that this source category would experience costs been changed to 98 weight-percent, the clarification could also be fulfilled by in excess of 0.001 percent of sales. For final standards also allow you to comply modifying the definition for ‘‘cyanide this reason, we believe that the impact with the requirements for Andrussow/ chemicals product,’’ as follows: of the final standards will be minimal. BMA process vents by routing emissions No cyanide chemicals manufacturing Cyanide chemicals product means either to a flare. facility closures are expected. hydrogen cyanide or sodium cyanide which Wet-end process vents. One is manufactured as the intended product of commenter requested that the final B. Summary of Major Comments and a CCMPU or a byproduct of the Sohio Changes Since Proposal standards clarify that cyanide chemical process. Other hydrogen cyanide or sodium manufacturing wastewater collection cyanide byproducts, impurities, wastes and In response to comments received on systems and treatment equipment the proposed standards, we made trace contaminants are not considered to be cyanide chemicals products. (tanks) containing discarded wastewater several changes to the final standards, as are not part of the process and are not well as some clarifications designed to Based on comments received, we subject to the process vent make our intentions clearer. The made a few changes to the final requirements. The commenter explained substantive comments and/or changes standards. To avoid overlapping that weak HAP and cyanide bearing and responses made since the proposal requirements applying to downstream wastewater is sent to, and handled in, are summarized in the following boilers and/or industrial furnaces, we on-site wastewater collection and paragraphs. Our complete responses to excluded HCN vent streams used for treatment systems and collected in public comments are contained in a fuel value in boilers and/or industrial sumps and pumped into tanks where memorandum that can be obtained from furnaces from HCN chemical the wastewater is either recycled to the docket (see ADDRESSES section). manufacturing processes. Exclusion of recover HCN, or treated in these tanks these boilers and industrial furnaces 1. Applicability of the Rule by hydrolysis and alkaline chlorination. that use vented emissions for fuel value The commenter stated that such vents Some commenters expressed that from the requirements of the cyanide should be clarified to be subject to the there was potential for confusion chemicals manufacturing process requirements specified for process and regarding the applicability of the rule. control requirements is consistent with maintenance wastewater control One commenter requested that we what is done in other MACT standards. requirements under 40 CFR 63.1106 (a) specifically exempt downstream We also made the commenter’s and (b). equipment from the cyanide chemicals suggested amendments to the ‘‘CCMPU’’ Based on this comment, we evaluated manufacturing NESHAP if the and ‘‘cyanide chemicals product’’ the wet end of the sodium cyanide equipment is subject to another definitions in the final standards. These process unit regarding the clarity of the NESHAP. amendments were made because the applicability of the wet-end process Another commenter expressed that intent of the commenter’s suggested vent requirements versus the confusion regarding the overlapping amendments is consistent with our applicability of discarded process requirements affecting the same intent, and we believe that the amended wastewater vent requirements. Based on equipment could be reduced if refined definitions will reduce any potential the definitions for ‘‘wet-end process hydrogen cyanide (HCN) ‘‘burned on- confusion regarding the applicability of vent,’’ ‘‘wastewater,’’ and ‘‘process site as a fuel in a boiler or industrial the rule. wastewater,’’ applicability of furnace’’ was excluded as part of the requirements appeared to be clear. 2. Process Vent Standards HCN process. The commenter explained However, to avoid any potential that some producers that generate HCN BMA/Andrussow process vent MACT applicability confusion, the final as a byproduct of acrylonitrile control level. During our evaluation of standards include an amended manufacture opt to burn the byproduct comments received on the proposed definition for ‘‘wet-end process vent’’ HCN on-site as a fuel in boilers and/or process vent standards, we reevaluated that specifically clarifies that discarded industrial furnaces where its end use is the MACT level of control established water that is no longer used in the regulated under other standards. for BMA/Andrussow process vents. production process is considered to be One commenter requested that we Based on our reevaluation, we decided process wastewater and that vents from clarify and restrict the applicability of to remove from the MACT analyses process and maintenance wastewater

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operations are not wet-end process allowed to designate ‘‘unsafe-to- evaluation of the comments, we have vents. monitor’’ equipment with your included provisions in the final Annual emissions. One commenter Notification of Compliance Status standards that allow an owner or stated that the MACT floor report. If it is demonstrated to the operator to submit engineering determination for Andrussow/BMA Administrator’s satisfaction that calculations and/or data to substantiate process vents was based on annual designated equipment is never safe to that flares meet applicable heat content emissions and the proposed standards monitor, you would not be required to and flow rates under worst case require compliance with the floor level monitor the designated equipment. conditions (40 CFR 63.987(b)(3)(v) and of control based on a formula that (4)). calculates an overall HAP emission 4. Hydrogen Fueled Flares reduction based on hourly emission Destruction efficiency. One IV. Carbon Black Production rates. The commenter requested that commenter expressed that a 99%+ compliance be based on meeting the destruction efficiency is supported for A. Summary of Environmental, Energy, proposed weight-percent reduction on hydrogen flares based on data included Cost, and Economic Impacts an annual basis to be consistent with the in the EPA’s ‘‘Basis for Hydrogen 1. What Are the Air Quality Impacts? MACT floor. The commenter also Flaring’’ report. The commenter stated requested that Item 2 of Table 9 be that these data were based on test We estimate that the final NESHAP modified as follows: methods developed with the EPA and a will reduce HAP emissions by 1,830 a. Reduce the overall annual emission of special flare test-rig built for the Mg/yr (2,020 tpy). This is a 26 percent total HAP from the collection of process experiment. HAP emission reduction from the total vents from continuous unit operations in the Another commenter requested that we baseline HAP emissions, and a 95 add language to 40 CFR process unit by 99 weight-percent in percent HAP emission reduction for accordance with paragraph (g)(4) of this 63.1103(g)(4)(ii)(B) to allow an owner or those facilities required to install section. operator of a cyanide manufacturing controls to meet the standards. We agree that the MACT floor for facility to include a flare control Andrussow/BMA process vents was efficiency greater than 98% in the We estimate that the final NESHAP based on annual emissions and, calculation of the overall HAP emission will reduce CO emissions by 474,000 therefore, compliance with MACT reduction, provided they can Mg/yr (522,000 tpy); VOC by 16,900 Mg/ should also be based on annual demonstrate a higher control efficiency yr (18,600 tpy); hydrogen sulfide by emissions. We have amended the final based on technically relevant 10,300 Mg/yr (11,300 tpy); and PM by standards (Item 2 of Table 9 of measurements that are of sufficient 740 Mg/yr (820 tpy). We estimate that § 63.1103(g)) as suggested by the quality, considering data variability. the final NESHAP will increase SOX commenter. We agree with the commenters that an emissions by 32,900 Mg/yr (36,200 tpy) owner or operator of a cyanide as a result of on-site combustion of 3. Unsafe-to-Monitor Equipment manufacturing facility should be fossil fuels. However, the air quality Two commenters expressed safety allowed to include a flare control benefits of the final NESHAP (i.e., concerns with the proposed leak efficiency greater than 98% in the reduction in HAP, CO, VOC, and calculation of their overall HAP detection and repair (LDAR) provisions. hydrogen sulfide emissions) outweigh emission reduction provided they can It was expressed that many of the lines the negative impacts associated with the demonstrate a higher control efficiency in HCN service are intentionally placed anticipated increases in emissions of in out-of-the-way locations to minimize for their flare. Therefore, the final SO and NO . risk in the event of a leak. One standards allow an owner or operator to X X commenter requested that we either include a flare control efficiency greater 2. What Are the Cost and Economic exempt ‘‘unsafe-to-monitor’’ equipment than 98% in the calculation of their Impacts? components from the LDAR program or overall HAP emission reduction if they stay implementation of these can demonstrate, to the Administrator’s The total estimated capital cost of the requirements to allow adequate satisfaction, a greater control efficiency final NESHAP is $54.9 million. The opportunity to investigate safer methods (40 CFR 63.1103(g)(4)(ii)(A)). total estimated annual cost of the final than those proposed. The commenter Flare compliance monitoring NESHAP is $11.2 million. These costs explained that a large percentage of requirements. Several commenters represent fourth quarter 1998 dollars. pipeline components in HCN service recommended that a waiver from testing We prepared an economic impact that would be subject to the proposed for all HCN flares be granted. analysis to evaluate the impacts the Specifically, one commenter requested a LDAR provisions are elevated and are final NESHAP will have on the not accessible during operation due to waiver from testing of the net heating industry, market, consumers, and safety concerns. The commenter stated value using EPA Method 18, and two society. The total annualized social cost that facilities already have procedures commenters requested that a waiver in place to ensure that there are no leaks from testing the velocity, using EPA (in 1997 dollars) of the final NESHAP to when equipment is in HCN service. Method 2, 2A, 2C, or 2D of 40 CFR part the industry is $11.2 million, which is Industry feedback indicates that HCN 60, appendix A, be granted (40 CFR less than 0.001 percent of total baseline equipment is unsafe to monitor at all 63.11(b)(6)(ii) and (7)(i), respectively). revenue for the affected sources. A times that equipment is in operation. One commenter expressed that flow screening analysis suggests only one of Based on our evaluation of the velocity testing using EPA Method 2, the firms affected by the final NESHAP comments received regarding safety 2A, 2C, 2D, or 2G of 40 CFR part 60, will experience costs in excess of 1 concerns with the proposed LDAR appendix A, require the insertion of a percent of sales, and no firm will provisions, we concur that there are probe into the waste gas stream which experience costs in excess of 1.5 percent some equipment components that may poses safety risks. of sales. For this reason, we believe that never be safe to monitor. Therefore, we Based on comments received the impact of the final NESHAP will be have added language to the final regarding it being unsafe to test HCN- minimal. We expect no facility closures standards specifying that you are rich vent streams to flares, and our as a result of the final NESHAP.

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3. What Are the Non-Air Health, to prevent fires and explosions, and to nsrmemos/pcpguide.pdf), we indicated Environmental, and Energy Impacts? prevent loss of compartments. The that add-on controls and fuel switches We believe that there will not be any commenter explained that a typical to less polluting fuels may qualify for an significant adverse non-air health, pressure relief device used in carbon exclusion from major NSR as a PCP. To environmental or energy impacts black production does not seal 100 be eligible to be excluded from associated with the final NESHAP. This percent, but that the process emits very otherwise applicable major NSR is supported by impacts analyses small amounts of HAP, and single bag requirements, a PCP must, on balance, associated with the application of failure results in emissions that lead to be ‘‘environmentally beneficial,’’ and opacity exceedances. control and recovery devices required the permitting authority must ensure We evaluated the commenter’s under the final NESHAP. that the project will not cause or concerns and request for exemption There are no water pollution or solid contribute to a violation of the national from closed vent system inspection waste impacts expected from the use of ambient air quality standards (NAAQS) requirements for specified pressure air emission control devices as a result or PSD increment, or adversely affect relief devices used to protect against of the final NESHAP. An increase in visibility or other air quality related overpressure in the case of catastrophic values (AQRV) in a Class I area, and that energy consumption will result from the failure of their process filter systems. use of combustion control systems. We offsetting reductions are secured in the Based on safety concerns and case of a project which would result in estimate that carbon black production technology considerations, we have facilities will consume an additional a significant increase of a nonattainment included provisions in the final pollutant. The permitting authority can 186 million cubic feet of natural gas per NESHAP that exempt pressure relief year to meet the regulatory requirements make these determinations outside of devices that meet specified criteria (i.e., the major NSR process. The 1994 of the final NESHAP. This represents an devices used to protect against increase in total domestic natural gas guidance did not supercede existing overpressure in the case of catastrophic NSR requirements, including approved consumption of less than 1/100th of one failure of the process filter system) from percent. State NSR programs, nor void or create the closed vent system inspection an exclusion from any applicable minor B. Summary of Major Comments and requirements of 40 CFR 63.983(b) and source preconstruction review Changes Since Proposal (c). The final NESHAP require that requirements in an approved State exempted pressure relief devices In response to comments received on implementation plan (SIP). Any minor meeting criteria specified in the NSR permitting requirements in a SIP the proposed standards for the Carbon NESHAP be identified in your Black Production source category, we would continue to apply, regardless of Notification of Compliance Status any exclusion from major NSR that made several changes to the final report. NESHAP. Only one substantive change might be approved for a source under was made based on comments received C. New Source Review/Prevention of the PCP exclusion policy. on the proposal. We have summarized Significant Deterioration Applicability We believe that the current guidance on the PCP exclusion adequately the relevant comment/change made in A question arose concerning the provides for the possible exemption the following paragraphs. Our complete potential installation of cogeneration from major NSR for cogeneration responses to public comments are technology at carbon black plants which technology resulting from the NESHAP. contained in a memorandum that can be would recover waste heat and gas for Permitting authorities should follow obtained from the docket (see use as a fuel input for power generation. ADDRESSES section). This technology could potentially be that guidance to the extent allowed One commenter requested an used to meet the HAP control under the applicable SIP in order to exemption from the closed vent system requirements of the NESHAP. However, determine whether the installation of cogeneration technology in a given initial and annual closed vent system cogeneration may result in NOX inspection requirements. The emissions during normal operation. If circumstance qualifies as a PCP. Projects that qualify for the exclusion would be commenter expressed that certain safety NOX emission increases are great features are incorporated into their enough, they may trigger the need for covered under minor source regulations closed vent system operations to protect preconstruction permits under the in the applicable SIP, and permitting against overpressure in the case of nonattainment new source review (NSR) authorities would be expected to catastrophic failure of their process or prevention of significant provide adequate safeguards against filter systems. Concern was expressed deterioration (PSD) program. It is NAAQS and increment violations and that the proposed initial and annual possible, however, that we could adverse impacts on AQRV in Federal closed vent system inspection consider the application of cogeneration Class I areas. Only in those areas where requirements may defeat these safety technology to be a pollution control potential adverse impacts cannot be measures because cost-effective project (PCP), as defined within the resolved through the minor NSR technology to provide leak proof seals context of PSD and NSR, such that programs or other mechanisms would for the extreme operating temperature cogeneration facilities installed as a major NSR apply. ranges that occur in the carbon black result of the NESHAP would qualify for V. Ethylene Production production process is not available. The an exemption from NSR/PSD. commenter explained that the In 1992, we adopted an explicit PCP A. Summary of Environmental, Energy, catastrophic loss of a bag filter due to exclusion for electric utility steam Cost, and Economic Impacts gaseous build-up and failure can result generating units (57 FR 32314). In a July Environmental, energy, cost, and in ignition of gases, fires, and 1, 1994, guidance memorandum, we economic impacts were estimated for explosions. In order to prevent the provided guidance to permitting the proposed ethylene production failure of the compartments, industry authorities on the approvability of PCP NESHAP. No changes have been made isolates the failed compartment from the exclusions for source categories other to the provisions for process vents, process. Safety relief valves (e.g., than electric utilities. In that guidance storage vessels, transfer operations, or weighted-lid systems) are designed into (available at http://www.epa.gov/ equipment leaks that would affect these the system to relieve excess pressures, rgytgrnj/programs/artd/air/nsr/ estimates. The changes that were made

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to the waste and heat exchange system NESHAP requirements to manage and 10 Mg/yr, and benzene concentrations requirements did not materially change treat waste streams. No adverse of at least 10 parts per million by weight the estimated impacts. The changes economic impact is expected and no (ppmw). In addition to the standard generally refined the NESHAP significant adverse non-air health, control requirements, the Benzene provisions and made them consistent environmental, or energy impacts are Waste Operations NESHAP includes with the basis of the original estimates; expected to result from compliance with three compliance options that allow a therefore, the impacts estimates have the ethylene production NESHAP. facility to chose which streams to not been revised. manage and treat as long as certain B. Summary of Major Comments and Specifically, the original estimates of conditions are met: either the TAB Changes Since Proposal impacts associated with heat exchange quantity for the untreated waste streams system requirements were estimated to Comments on the proposed NESHAP cannot exceed 2 Mg/yr, the facility TAB be minimal because the proposed were received from ten different quantity for treated and untreated NESHAP would have required monthly entities. A comprehensive summary of process wastewater streams is less than monitoring which is already being public comments can be found in the 1 Mg/yr, or the facility TAB quantity for performed by most facilities. As pointed document entitled ‘‘National Emission all waste streams with at least 10 out by several comments, most facilities Standards for Hazardous Air percent water content is less than 6 Mg/ are not testing at the inlet and outlet of Pollutants—Ethylene Production, yr. These options are referred to as the each heat exchanger, as required in the Background Information Document for 1, 2, and 6 Mg/yr compliance options. proposed NESHAP, and such a Final Standards, Summary of Public The waste or wastewater streams that requirement would result in increased Comments and Responses’’ (the can be exempted from management and compliance costs. However, this ethylene production NESHAP BID). The treatment vary with the different requirement has been removed from the BID contains summaries of all of the compliance options. Details of these NESHAP, making the requirements comments received with corresponding compliance options are specified in 40 consistent with the basis of the original responses that describe all of the CFR 61.342(c), (d), and (e) of the impacts assessment. changes that have been made to the Benzene Waste Operations NESHAP. Although the requirements for waste NESHAP. Commenters disagreed with the fact have been significantly revised, they The most significant comments that the compliance options were not remain consistent with the basis for the concerned three emission types: waste, included in the waste requirements for original impacts assessment. The heat exchange systems, and equipment the proposed Ethylene Production original assessment was based on the leaks. These comments also resulted in NESHAP. Generally, the commenters assumption that facilities with a total the most significant changes to the argued that the compliance options have annual benzene (TAB) quantity less proposed NESHAP. The following been found to be equivalent to the than 10 Mg/yr would have to add sections summarize the comments standard requirements of the Benzene equipment to manage and treat waste received and changes that have been Waste Operations NESHAP, through streams. The revised waste requirements made regarding waste, heat exchange development of the Benzene Waste maintain this requirement. For facilities systems, and equipment leaks. Operations NESHAP and the waste with a TAB quantity greater than 10 Mg/ 1. Waste Operations standards for the Petroleum Refineries yr, the majority of comments regarding NESHAP and, therefore, should be the impacts estimated for waste Several commenters disagreed with included. The commenters also noted concerned the fact that costs were not the determination of MACT for waste that three of the five best performing included for facilities that will have to for a variety of reasons. Generally, facilities are using a compliance option. add equipment to manage and treat commenters argued that the MACT floor Since proposal of the Ethylene streams that were previously should be based on the Benzene Waste Production NESHAP, we have obtained uncontrolled due to a compliance Operations NESHAP. As such, information on which facilities are option. The revised NESHAP allow commenters viewed our proposed using compliance options and what facilities to use the compliance options; requirements as more stringent than the streams they are controlling. Our therefore, it is not necessary to revise MACT floor, which they stated are not general finding is that, regardless of how the impacts assessment. justified. Commenters mainly disagreed a facility is complying with the Benzene The estimates of environmental, with the fact that the proposed waste Waste Operations NESHAP, facilities energy, cost, and economic impacts, requirements did not include the 1, 2, typically control continuous streams, which have not been revised, are and 6 Mg/yr compliance options, the 10 and facilities tend not to control presented in detail in the preamble for Mg/yr TAB quantity applicability cut- intermittent streams. Examples of the proposed ethylene production off, and applicability and treatment streams that are typically not controlled NESHAP (65 FR 76433, December 6, requirements based on benzene. We are samples and maintenance waste 2000). In summary, it is estimated that considered each of the specific issues (both during normal operations and the NESHAP will decrease HAP and came to the conclusions discussed turn-arounds). The fact that the same emissions by 60 percent or 992 Mg/yr in the following sections. types of streams are typically being (1,090 tpy) and VOC emissions by 64 Compliance options. At proposal, we controlled, regardless of whether a percent or 9,271 Mg/yr (10,188 tpy). The determined that the standard facility is complying with the standard annual cost (including amortized capital requirements of the Benzene Waste requirements or a compliance option, costs, operating and maintenance costs, Operations NESHAP represented the supports the finding that the 1, 2 and 6 and recovery credits) is estimated to MACT floor for both new and existing Mg/yr compliance options are range from $7,600 per year for facilities ethylene sources. The standard Benzene equivalent to the standard Benzene already managing and treating their Waste Operations NESHAP Waste Operations NESHAP waste according to the Benzene Waste requirements state that facilities with 10 requirements (and to each other) in the Operations NESHAP to $1.3 million per Mg/yr or greater TAB quantity must level of control achieved at ethylene year for facilities with a TAB quantity control waste streams that have flow production facilities. Therefore, we have less than 10 Mg/yr that are not currently rates of at least 0.02 liters per minute determined that it is appropriate to subject to the Benzene Waste Operations (lpm), wastewater quantities of at least include the 1, 2, and 6 Mg/yr

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compliance options in the Ethylene facility is already 6 Mg/yr or less, no containing less than 10 ppmw of Production NESHAP. streams would have to be managed and benzene is not required to be managed 10 Mg/yr applicability cut-off. Under treated, which is not consistent with the and treated. Under the proposed the proposed NESHAP, all ethylene MACT floor level of control. Requiring Ethylene Production NESHAP, streams production facilities that are major facilities to comply with the standard containing less than 10 ppmw total HAP sources of HAP emissions, including requirements of the Benzene Waste would not have been required to be those with a TAB quantity less than 10 Operations NESHAP would also not be managed and treated. Similarly, the Mg/yr, would have been required to appropriate because it may require the Benzene Waste Operations NESHAP comply with the waste management and facilities to treat intermittent streams require streams to be treated to reduce treatment requirements. Facilities with a which are generally not controlled by benzene to 10 ppmw or by 99 percent TAB quantity less than 10 Mg/yr are not the best-performing facilities that form while the proposed Ethylene Production currently required to comply with the the basis of the MACT floor NESHAP would have required streams management and treatment determination. to be treated to reduce total HAP to 10 requirements of the Benzene Waste We have determined that the most ppmw or by 99 percent. Operations NESHAP. Commenters appropriate way to require facilities Several commenters disagreed with argued that because the Benzene Waste with a TAB quantity less than 10 Mg/ EPA’s decision to base applicability and Operations NESHAP represents the yr to achieve the level of control treatment requirements on total HAP floor, the 10 Mg/yr applicability cut-off achieved by the best-performing rather than benzene. Commenters should be included in the Ethylene facilities is to specify the streams that argued that because they are currently Production NESHAP. Commenters cited must be controlled. Data received since treating wastes based on benzene the Petroleum Refineries NESHAP as a proposal indicate that the best concentration, the requirement to treat precedent, noting that the Benzene performing ethylene facilities control wastes based on total HAP Waste Operations NESHAP was two types of streams as part of their concentration is an above-the-floor determined to represent the MACT floor Benzene Waste Operations NESHAP option. The commenters stated that for waste control at petroleum refineries compliance strategy: (1) Spent caustic existing treatment systems are not likely and the Petroleum Refineries NESHAP streams (wastes from the caustic to be capable of treating to the more does not require control of waste at washing process to remove sulfur stringent standards based on total HAP. sources with a TAB quantity less than compounds and other contaminants Commenters stated that although the 10 Mg/yr. from the process stream), and (2) additional costs would be significant, Review of the practices in use at the dilution steam blowdown streams the additional emission reductions five best performing ethylene (condensed steam used to quench the would be minimal because benzene is production facilities (representing 12 cracked gas condensates). We have generally an appropriate surrogate for percent of the industry) shows that four determined that it is appropriate to HAP, and little additional emission of the five are subject to and, therefore, apply the flow rate and concentration reduction would be achieved. are assumed to be complying with the control applicability cut-offs in the Our original intent in proposing management and treatment standard requirements of the Benzene stream applicability and treatment requirements of the Benzene Waste Waste Operations NESHAP to these requirements on total HAP content Operations NESHAP. Only one of the streams. The best-performing facilities rather than benzene content was to best performing facilities is not required are generally not controlling ensure that streams containing HAP to comply with the management and intermittent streams. other than benzene are treated and treatment requirements of the Benzene Based on this information, the controlled. We maintain that because Waste Operations NESHAP because the Ethylene Production NESHAP have compliance with the Benzene Waste TAB quantity for the facility is less than been revised to require that facilities Operations NESHAP represents the 10 Mg/yr. Exempting facilities with a with a TAB quantity less than 10 Mg/ MACT floor and results in control of TAB quantity less than 10 Mg/yr from yr manage and treat, according to the HAP other than benzene, the MACT management and treatment requirements of the Benzene Waste floor includes control of HAP other than requirements would not reflect the level Operations NESHAP, each spent caustic benzene. However, we have determined of control achieved by the average of the and dilution steam blowdown waste that it is not necessary to base stream five best-performing facilities. stream with a benzene concentration applicability and treatment We have determined that the MACT greater than or equal to 10 ppmw, a flow requirements on total HAP to ensure floor for waste includes the management rate greater than or equal to 0.02 lpm, that all HAP are managed and treated. and treatment of waste streams from and an annual wastewater quantity Information obtained through survey ethylene production, regardless of a greater than or equal to 10 Mg/yr. The responses and comments shows that, facility’s TAB quantity. However, using control requirements for these streams with few exceptions, all of the waste the Benzene Waste Operations NESHAP apply at all times except during periods streams from ethylene production units stream applicability requirements to of startup, shutdown, and malfunction that contain HAP contain benzene. determine which streams must be (SSM), if the SSM precludes the ability According to commenters (Docket A– controlled at facilities with a TAB to comply and the facility follows the 98–22), of all the waste streams quantity less than 10 Mg/yr may not be provisions of their SSM plan. generated by 33 ethylene manufacturing appropriate. The 1, 2, and 6 Mg/yr Benzene as a surrogate. One production units, only two do not compliance options are not appropriate modification made to the Benzene contain benzene but contain other HAP. because their use at a facility with a Waste Operations NESHAP One stream is generated from a reflux TAB quantity less than 10 Mg/yr could requirements for the proposed Ethylene drum on a debutanizer column. The result in no waste streams being Production NESHAP waste stream contains 1,3-butadiene and has a controlled. For example, the 6 Mg/yr requirements was to base the flow rate of 2 gallons per minute. The option allows a facility to choose which requirements on total HAP rather than other stream is an intermittent stream streams to manage and treat as long as benzene. For example, in the standard that is generated during turnarounds the TAB quantity for all streams is less requirements of the Benzene Waste that contains naphthalene. Applying the than 6 Mg/yr. If the TAB quantity for the Operations NESHAP, a stream finding that the best-performing

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facilities generally control continuous practicable alternative, which would stated that such a requirement would streams but not intermittent streams, require that the discharger actively ensure a level of performance either due to flow rate and supervise the activities of the offsite comparable to the Hazardous Organic concentration cut-offs or use of a treatment facility. The certification NESHAP and would provide facilities compliance option, we have determined provisions are similar to the flexibility to tailor a monitoring program that controlling the continuous 1,3- requirements of 40 CFR part 63, subpart to their unique circumstances. The butadiene stream, but not the G (the Hazardous Organic NESHAP), commenter explained that one facility naphthalene turnaround stream, is and will pose no unreasonable burden may choose to sample the combined consistent with the MACT floor. To on the generators or receivers of the cooling water flow from many heat ensure that continuous streams that waste. exchangers using a test method with a contain HAP other than benzene are relatively low detection limit, while 2. Heat Exchange Systems controlled, while at the same time another may sample the flow from fewer minimizing the burden of identifying Sampling location. The proposed exchangers using a higher detection these streams, we are specifically Ethylene Production NESHAP included limit. requiring management and treatment of requirements to sample cooling water at Based on information provided by waste streams that contain greater than the inlet and outlet of each heat commenters, we agree that requiring or equal to 10 ppmw of 1,3-butadiene. exchanger for the presence of testing at the inlet and outlet of each To ensure that this requirement does not compounds that indicate a leak. heat exchanger does not represent the result in the control of intermittent Sampling at each heat exchanger was floor level of control. We find that the streams that are generally not required to address the fact that cooling suggestion to allow facilities to develop controlled, the flow rate applicability water circulation rates through ethylene a site-specific sampling plan based on cutoffs for benzene-containing streams production units tend to be relatively performance comparable to the (0.02 lpm or 10 Mg/yr wastewater high. Obtaining only one inlet and Hazardous Organic NESHAP would quantity) also applies to the butadiene outlet sample for the entire system (for represent the floor. We have reviewed streams. example, at the cooling tower) could and agree with the commenter’s We have determined that it is not result in a leak not being detected suggested approach for establishing the necessary to express the treatment because the concentration of the leaked floor level sampling plan based on a requirements in terms of total HAP. We compound could be lower that the specified leak detection limit, with one agree with commenters that treatment detection limit of the testing method exception. We adjusted the calculation and control devices used to remove or used. to correct an error in calculating the destroy benzene will remove and Several commenters argued that the average circulation rate, which resulted destroy the other HAP regulated by this requirement does not reflect the floor in a leak rate that must be detected of rule to approximately the same level. level of control, stating that none of the 6.75 lb/hr. Going beyond the floor to the Benzene can be used as a surrogate to best-performing facilities are required to proposed testing requirement would determine treatment and control test at the inlet and outlet of every heat impose costs that are unreasonable efficiencies. If no benzene is present in exchanger. These commenters argued given the small emissions reductions a regulated stream, another HAP (such that such a requirement would be an that would be achieved. The final rule as 1,3-butadiene) must be used to show above-the-floor option that is not cost allows the use of any sampling location that treatment and control efficiencies effective. Several commenters provided plan that is sufficiently sensitive to required for benzene are achieved for estimates of the additional costs detect a leak rate of 6.75 lb/hr. that HAP. In such cases, compliance can associated with sampling and testing at Monitoring frequency. Commenters also be demonstrated by routing the each heat exchanger. The estimated expressed concern that the proposed stream to a control device that is being annualized costs provided by the rule did not allow reduced heat used to comply with the Benzene Waste commenters ranged from $60,000 to exchanger monitoring frequency for Operations NESHAP. $1.2 million per year for a single sustained good performance, which is Off-site waste treatment. Some ethylene production unit. allowed in other LDAR programs. One facilities send their regulated wastes off- One commenter suggested an of the commenters suggested that we site for treatment by another entity. The approach for addressing the circulation adopt the Hazardous Organic NESHAP proposed rule specified that wastes rate issue. The commenter based the requirements for heat exchanges, which must not be transferred unless the suggestion on the assumptions that: (1) start with monthly monitoring and then transferee has submitted to EPA a The requirements of the Hazardous allow quarterly monitoring. We agree certification that they will manage and Organic NESHAP result in an adequate with these comments in general. The treat the waste in accordance with the level of leak detection, and (2) the floor for heat exchangers is an LDAR rule and that they accept the circulation rate of cooling water through program with monthly monitoring. We responsibility for compliance. Several an ethylene production unit is eight recognize, however, that the emission commenters stated that the certification times the circulation rate through a performance of LDAR programs is requirements should be deleted. Hazardous Organic NESHAP unit. Using variable and is influenced by a number The final rule retains the certification these assumptions, the 1 ppmw leak of site-specific factors. We believe that requirements. The discharger has the definition of the Hazardous Organic providing an incentive in the final rule ultimate responsibility for assuring that NESHAP and the average of circulation for reduced monitoring will encourage waste transferred to another party for rates reported for ethylene units in facilities to undertake measures to off-site treatment is treated in survey responses, the commenter diagnose the causes of leaks and reduce conformity with the applicable estimated that a 6.35 pound per hour the frequency of occurrence. standard. The transferee is acting as the (lb/hr) leak rate would be detected at a Accordingly, the final rule includes a agent of the discharger when it accepts Hazardous Organic NESHAP unit. The provision for reduced monitoring for responsibility for treating the waste. The commenter suggested allowing facilities units with sustained good performance provisions in the proposal requiring to decide where to test for leaks with the in preventing leaks. This provision is certification by the transferee are less condition that a leak of this magnitude generally consistent with the Hazardous onerous for the discharger than the only would be detected. The commenter Organic NESHAP, and we believe it is

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equivalent to the floor and will provide the approach EPA used to determine the MACT floor. We do not believe that the an incentive for greater emissions MACT floor, stating that HAP emissions available data support the commenters’ reductions while minimizing from uncontrolled connectors are conclusion that connector monitoring monitoring burden. overestimated due to an inaccurate should not be included in the MACT The final rule requires monthly emission factor. One commenter (Docket floor. However, in consideration of the monitoring for the first 6 months. If no A–98–22) provided an alternate data submitted by the industry, we leaks are detected during this period, emission factor based on data that they elected to require compliance with 40 then the monitoring frequency changes gathered from ethylene production CFR part 63, subpart UU, National to quarterly. If a leak is subsequently units. According to the commenter, Emission Standards for Equipment detected, then monthly monitoring is when their emission factor is used in Leaks, which requires connector required until the leak is repaired. After the MACT floor analysis, it results in a monitoring, but also allows for reduced the leak is repaired, then monthly different five best-performing facilities, monitoring frequency for good monitoring is required for 6 months. If of which only two perform connector performance instead of annual no leaks occur during this period, the monitoring. Commenters asserted that monitoring. This provides the monitoring frequency returns to connector monitoring is, therefore, not opportunity to reduce monitoring costs quarterly. part of the floor. In addition, one in cases where a low proportion of Repair requirements. The proposed commenter explained that their study connectors are leaking. In offering a Ethylene Production NESHAP would shows that there is no statistically performance-based requirement for have required a leak to be repaired significant difference between the connector monitoring, we also have within 15 days of being detected. average emission rates for connectors provided some consistency in approach Commenters stated that the best- being monitored for the first time and with the heat exchanger and other performing facilities are not required to those that are monitored as part of a equipment monitoring provisions. repair leaks within 15 days so this is an continuing monitoring program. above-the-floor option. Commenters Commenters also provided cost data to VI. Spandex Production provided detailed comments on the show that some facilities will incur high A. Summary of Environmental, Energy, steps and costs involved in repairing costs to monitor connectors with no Cost, and Economic Impacts heat exchangers. statistically measurable emissions Our original intent in requiring repair benefit. 1. What Are the Air Quality Impacts? in 15 days was to provide consistency Due to uncertainties regarding There are no additional emissions with the repair requirements for other connector emission factors used in the reductions achieved by the final leaking components. Through the original MACT floor analysis, we NESHAP. The level of control required comments received in response to the performed an analysis using an by the final NESHAP is already in place proposed NESHAP, we have learned emission factor provided by a that repairing heat exchangers is at the two affected reaction spinning commenter; however, this does not facilities. different than repairing other types of mean that we have accepted the leaking components. According to commenter’s emissions factor as a more 2. What Are the Cost Impacts? commenters, to repair a heat exchanger, accurate estimator of connector The total estimated annual it must be shut down, isolated from the emissions (Docket A–98–22). The compliance cost of the final NESHAP is process, cleaned, opened, tested to find objective of the analyses was to $78,040. This estimate includes the leak(s), and repaired. The determine the impact using different annualized capital costs for monitoring commenters added that removing an connector emission factors would have equipment purchased. Annual costs also exchanger from service often requires a on which facilities are determined to be include monitoring, recordkeeping, and unit to be shutdown. Commenters the five best-performing sources. provided the contrasting example of a Although this analysis resulted in a reporting costs. Costs were not included leaking valve, for which packing and slightly different five best-performing for control equipment since this is flange bolts can often simply be sources, the floor was the same, since already in place at the two reaction tightened externally or, in extreme three of the five facilities are monitoring spinning process facilities. cases, can be externally pumped with a connectors. Through this analysis, we The capital costs are estimated to be sealant or clamped to repair. Based on have concluded that, regardless of the $32,820 (in 1998 dollars). The capital the information received in response to emission factor used, the majority of the costs are for purchase of thermocouples the proposed NESHAP, we agree that best-performing facilities are performing and liquid flow transducers for CPMS the 15-day repair period is more connector monitoring. equipment and closed vent systems leak stringent than the floor and that the We also conducted a study of the detection monitors. These costs are more stringent requirement is not existing permits at certain facilities that more than likely an overestimate reasonable because it does not allow had adopted permit conditions because the two affected facilities adequate time for repair. We have requiring 100 percent connector already have monitors on their carbon determined that a 45-day repair period monitoring annually in exchange for adsorbers. represents the floor. This is the repair emissions credits to be used for 3. What Are the Economic Impacts? period allowed by the Hazardous operational flexibility. In setting the Organic NESHAP. In addition to MACT floor we found our knowledge of The goal of the economic impact extending the repair period to 45 days, existing permit conditions compelling analysis is to estimate the market we have revised the repair and delay of in terms of emissions benefits and response of the spandex production repair provisions to be consistent with therefore relevant in establishing the facilities to the final NESHAP and to the Hazardous Organic NESHAP. MACT floor. Certainly any monitoring determine the economic effects that may worthy of conducting for the purpose of result from the final NESHAP. The 3. Equipment Leaks obtaining emissions credits was Spandex Production source category The proposed Ethylene Production beneficial beyond cost. contains five facilities, but only the two NESHAP required connector Based on these analyses, we conclude facilities that use the reaction spinning monitoring. Commenters disagreed with that connector monitoring is part of the process are affected by the final

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NESHAP. These potentially affected 4. What Are the Non-Air Health, (2) Create a serious inconsistency or facilities are owned by one company. Environmental and Energy Impacts? otherwise interfere with an action taken Spandex fiber production leads to or planned by another agency; We believe that there would not be (3) Materially alter the budgetary potential HAP emissions from fiber significant adverse environmental or impact of entitlements, grants, user fees, spinning lines, storage tanks, and energy impacts associated with the final or loan programs or the rights and process vents; however, the emission NESHAP. The industry’s baseline level obligations of recipients thereof; or sources are well controlled by the of control is high, and the level of (4) Raise novel legal or policy issues affected spandex manufacturing control required by the final NESHAP is arising out of legal mandates, the facilities. The mandated levels of currently being achieved for the President’s priorities, or the principles control are met at these sources; emission point types. Environmental set forth in the Executive Order. therefore, no costs for additional add-on impacts from the application of the Pursuant to the terms of Executive air pollution control equipment are control or recovery devices proposed for Order 12866, it has been determined expected to be incurred by the spandex the Spandex Production source category that today’s final rule is not a facilities to comply with the final are also expected to be minimal for ‘‘significant regulatory action’’ because NESHAP. Instead, the compliance costs secondary air pollutants. In general, we it will not have an annual effect on the for the final NESHAP relate primarily to determine impacts relative to the economy of $100 million or more and is monitoring, reporting, and baseline that is set at the level of control therefore not subject to OMB review. recordkeeping activities. The estimated in absence of the final NESHAP. B. Executive Order 13132, Federalism There is no incremental increase in total annualized cost for the final Executive Order 13132, entitled emissions related to water pollution or NESHAP is $78,040, which represents ‘‘Federalism’’ (64 FR 43255, August 10, solid waste as a result of the final less than 0.01 percent of the revenues of 1999), requires EPA to develop an NESHAP. the companies that own the spandex accountable process to ensure manufacturing facilities. The final B. Summary of Major Comments and ‘‘meaningful and timely input by State NESHAP are, therefore, expected to Changes Since Proposal and local officials in the development of have a negligible impact on the Spandex regulatory policies that have federalism Production source category. Comments on the proposed Spandex implications.’’ ‘‘Policies that have Production NESHAP were received from federalism implications’’ is defined in The economic impacts at the facility two different entities: the Institute of and company levels are measured by the Executive Order to include Clean Air Companies (ICAC) and regulations that have ‘‘substantial direct comparing the annualized compliance Dupont. A summary and response to the cost for each entity to its revenues. A effects on the States, on the relationship general comments submitted can be between the national government and cost-to-sales ratio is first calculated and found in Docket A–98–25. the States, or on the distribution of then is multiplied by 100 to convert the Dupont’s comments expressed power and responsibilities among the ratio into percentages. For the final concern that because the dry spinning various levels of government.’’ Under NESHAP, a cost-to-sales ratio exceeding spandex production process was not Executive Order 13132, EPA may not 1 percent is determined to be an initial mentioned in the proposal, this could be issue a regulation that has federalism indicator of the potential for a interpreted as no standard for this implications, that imposes substantial significant facility impact. Revenues at source category and, as a result, these direct compliance costs, and that is not the facility level are not available, facilities would be subject to a case-by- required by statute, unless the Federal therefore estimated facility revenues case MACT determination. The government provides the funds received from the sale of spandex fiber discussion of this comment can be necessary to pay the direct compliance are used. Both affected facilities are found in direct final amendments that costs incurred by State and local expected to incur positive compliance are being published separately in this governments, or EPA consults with costs. The ratio of costs to estimated issue of the Federal Register. State and local officials early in the revenues range from a low of 0.22 process of developing the rule. The EPA VII. Administrative Requirements percent to a high of 0.35 percent. Thus, also may not issue a regulation that has on average, the economic impact of the A. Executive Order 12866: Regulatory federalism implications and that final NESHAP is minimal for the Planning and Review preempts State law unless the Agency facilities producing spandex fibers. consults with State and local officials Under Executive Order 12866 (58 FR The share of compliance costs to early in the process of developing the 51735, October 4, 1993), we must rule. company sales are calculated to determine whether a final regulatory If EPA complies by consulting, determine company level impacts. One action is ‘‘significant’’ and therefore Executive Order 13132 requires EPA to company owns the two affected subject to Office of Management and provide to the OMB, in a separately facilities, so only one firm faces positive Budget (OMB) review and the identified section of the preamble to the compliance costs from the final requirements of the Executive Order. rule, a federalism summary impact NESHAP. The ratio of costs to company The order defines ‘‘significant statement (FSIS). The FSIS must include revenues is 0.10 percent. At the regulatory action’’ as one that is likely a description of the extent of EPA’s company level, the final NESHAP are to result in a rule that may: prior consultation with State and local not anticipated to have a significant (1) Have an annual effect on the officials, a summary of the nature of economic impact on companies that economy of $100 million or more, or their concerns and EPA’s position own and operate the spandex fiber adversely affect in a material way the supporting the need to issue the facilities. For more information, consult economy, a sector of the economy, regulation, and a statement of the extent the economic impact analysis report productivity, competition, jobs, the to which the concerns of State and local entitled, Economic Impact Analysis: environment, public health or safety, or officials have been met. Also, when EPA Spandex Production, which is in the State, local, or tribal governments or transmits a final rule with federalism docket for the spandex source category. communities; implications to OMB for review

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pursuant to Executive Order 12866, EPA EPA has reason to believe may have a government agency plan. The plan must must include a certification from its disproportionate effect on children. If provide for notifying potentially federalism official stating that EPA has the regulatory action meets both criteria, affected small governments, enabling met the requirements of Executive Order EPA must evaluate the environmental officials of affected small governments 13132 in a meaningful and timely health or safety effects of the planned to have meaningful and timely input in manner. rule on children, and explain why the the development of EPA regulatory Today’s final rule will not have planned regulation is preferable to other proposals with significant Federal substantial direct effects on the States, potentially effective and reasonably intergovernmental mandates, and on the relationship between the national feasible alternatives considered by EPA. informing, educating, and advising government and the States, or on the The EPA interprets Executive Order small governments on compliance with distribution of power and 13045 as applying only to those the regulatory requirements. responsibilities among the various regulatory actions that are based on The EPA has determined that the final levels of government, as specified in health or safety risks, such that the rule does not contain a Federal mandate Executive Order 13132. No facilities analysis required under section 5–501 of that may result in expenditures of $100 subject to the final rule are owned by the Executive Order has the potential to million or more by State, local, and State or local governments. Therefore, influence the regulation. Today’s final tribal governments, in the aggregate, or State and local governments will not rule is not subject to Executive Order the private sector in any 1 year. The have any direct compliance costs 13045 because it establishes an total cost to the private sector is resulting from the final rule. environmental standard based on approximately $22.2 million per year. Furthermore, EPA is directed to develop technology, not health or safety risk. No The final rule contains no mandates the final rule by section 112 of the CAA. children’s risk analysis was performed affecting State, local, or Tribal Thus, the requirements of section 6 of because no alternative technologies governments. Thus, today’s final rule is the Executive Order do not apply to the exist that would provide greater not subject to the requirements of final rule. stringency at a reasonable cost. sections 202 and 205 of the UMRA. Furthermore, today’s final rule has been We have determined that the final C. Executive Order 13175, Consultation determined not to be ‘‘economically rule contains no regulatory and Coordination With Indian Tribal significant’’ as defined under Executive requirements that might significantly or Governments Order 12866. uniquely affect small governments Executive Order 13175, entitled because it contains no requirements that E. Unfunded Mandates Reform Act of ‘‘Consultation and Coordination with apply to such governments or impose 1995 Indian Tribal Governments’’ (65 FR obligations upon them. 67249, November 6, 2000), requires EPA Title II of the Unfunded Mandates to develop an accountable process to Reform Act of 1995 (UMRA), Public F. Regulatory Flexibility Act (RFA) as ensure ‘‘meaningful and timely input by Law 104–4, establishes requirements for Amended by the Small Business tribal officials in the development of Federal agencies to assess the effects of Regulatory Enforcement Fairness Act of regulatory policies that have tribal their regulatory actions on State, local, 1996 (SBREFA), 5 U.S.C. 601, et seq. implications.’’ ‘‘Policies that have tribal and tribal governments and the private The RFA generally requires us to give implications’’ is defined in the sector. Under section 202 of the UMRA, special consideration to the effect of Executive Order to include regulations EPA must generally prepare a written Federal regulations on small entities that have ‘‘substantial direct effects on statement, including a cost-benefit and to consider regulatory options that one or more Indian tribes, on the analysis, for proposed and final rules might mitigate any such impacts. We relationship between the Federal with ‘‘Federal mandates’’ that may must prepare a regulatory flexibility government and the Indian tribes, or on result in expenditures to State, local, analysis unless we determine that the the distribution of power and and tribal governments, in the aggregate, rule will not have a ‘‘significant responsibilities between the Federal or to the private sector, of $100 million economic impact on a substantial government and Indian tribes.’’ or more in any 1 year. Before number of small entities.’’ Small entities The final rule does not have tribal promulgating an EPA rule for which a include small businesses, small implications. It will not have substantial written statement is needed, section 205 organizations, and small governmental direct effects on tribal governments, on of the UMRA generally requires EPA to jurisdictions. the relationship between the Federal identify and consider a reasonable For the purposes of assessing the government and Indian tribes, or on the number of regulatory alternatives and impacts of today’s final rule on small distribution of power and adopt the least-costly, most cost- entities, a small entity is defined responsibilities between the Federal effective, or least-burdensome differently for the four source categories government and Indian tribes, as alternative that achieves the objectives for which we are proposing standards. specified in Executive Order 13175. of the rule. The provisions of section Based on those definitions, there are no Thus, Executive Order 13175 does not 205 do not apply when they are small entities affected by the final rule. apply to the final rule. inconsistent with applicable law. Pursuant to the provisions of 5 U.S.C. Moreover, section 205 allows EPA to 605(b), we have determined that the D. Executive Order 13045, Protection of adopt an alternative other than the least- final rule will not have a significant Children From Environmental Health costly, most cost-effective, or least- economic impact on a substantial Risks and Safety Risks burdensome alternative if the number of small entities. Executive Order 13045, ‘‘Protection of Administrator publishes with the final Children from Environmental Health rule an explanation why that alternative G. Paperwork Reduction Act Risks and Safety Risks’’ (62 FR 19885, was not adopted. Before EPA establishes The information collection April 23, 1997) applies to any rule that: any regulatory requirements that may requirements in today’s final rule have (1) Is determined to be ‘‘economically significantly or uniquely affect small been submitted for approval to the OMB significant’’ as defined under Executive governments, including tribal under the Paperwork Reduction Act, 44 Order 12866, and (2) concerns an governments, we must have developed U.S.C. 3501 et seq. An ICR document environmental health or safety risk that under section 203 of the UMRA a small has been prepared by EPA (ICR No.

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1893.03) and a copy may be obtained EPA’s authority to take administrative ‘‘Confidentiality of Business from Susan Auby by mail at the U.S. action would be reduced significantly. Information.’’ EPA, Office of Environmental The final rule requires owners or The EPA expects the final rule to Information, Collection Strategies operators of affected sources to retain affect a total of 75 facilities over the first Division (2822T), 1200 Pennsylvania records for a period of 5 years. The 5- 3 years. The EPA assumes that no new Avenue NW, Washington, DC 20460, by year retention period is consistent with facilities will become subject to the rule during each of the first 3 years. The EPA e-mail at [email protected], or by the General Provisions of 40 CFR part 63 expects 75 existing facilities to be calling (202) 566–1672. A copy may also and with the 5-year record retention affected by the final rule, and these be downloaded off the internet at http:/ requirement in the operating permit existing facilities will begin complying /www.epa.gov/icr. The information program under title V of the CAA. requirements are not effective until in the third year. The recordkeeping and reporting OMB approves them. The estimated average annual burden requirements of the final rule are for the first 3 years after promulgation Information is required to ensure specifically authorized by section 114 of of the rule for the industries and the compliance with the final rule. If the the CAA (42 U.S.C. 7414). All implementing agency is outlined below. relevant information were collected less information submitted to us for which a You can find the details of this frequently, EPA would not be claim of confidentiality is made will be information collection in the ‘‘Standard reasonably assured that a source is in safeguarded according to our policies in Form 83 Supporting Statement for ICR compliance with the rule. In addition, 40 CFR part 2, subpart B, No. 1893.03,’’ in Docket No. A–97–17.

Operating and Maintenance Total costs Affected entity Total hours Labor costs Capital costs (10 3$) (10 3$) costs (10 3$) (10 3$)

Industry ...... 33,926 1,510 4,901 16 6,427 Implementing agency ...... 3,465 117 0 0 117

Burden means the total time, effort, or standards (e.g., materials specifications, Interface Gas Chromatography-Mass financial resources expended by persons test methods, sampling procedures, Spectrometry (GC/MS), is appropriate in to generate, maintain, retain, or disclose business practices) developed or the cases described below for inclusion or provide information to or for a adopted by one or more voluntary in the rule in addition to EPA Methods. Federal agency. This includes the time consensus bodies. The NTTAA directs Similar to EPA’s performance-based needed to review instructions; develop, EPA to provide Congress, through Method 18, ASTM D6420–99 is also a acquire, install, and utilize technology annual reports to OMB, with performance-based method for and systems for the purposes of explanations when an agency does not measurement of gaseous organic collecting, validating, and verifying use available and applicable voluntary compounds. However, ASTM D6420–99 information, processing and consensus standards. was written to support the specific use maintaining information, and disclosing The final rule involves technical of highly portable and automated GC/ and providing information; adjust the standards. The EPA cites the following MS. While offering advantages over the existing ways to comply with any methods in the final rule: EPA Methods traditional Method 18, the ASTM previously applicable instructions and 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3B, 4, 18, method does allow some less stringent requirements; train personnel to be able 25, 25A, 27, 316, and 320. Consistent criteria for accepting GC/MS results to respond to a collection of with the NTTAA, EPA conducted than required by Method 18. Therefore, information; search data sources; searches to identify voluntary consensus ASTM D6420–99 is a suitable complete and review the collection of standards in addition to these EPA alternative to Method 18 where: (1) The information; and transmit or otherwise methods. No applicable voluntary target compounds are those listed in disclose the information. consensus standards were identified for Section 1.1 of ASTM D6420–99, and (2) An agency may not conduct or EPA Methods 1A, 2A, 2D, 2F, 2G, 27, the target concentration is between 150 sponsor, and a person is not required to and 316. Three voluntary consensus parts per billion by volume and 100 respond to, a collection of information standards were identified as acceptable ppmv. unless it displays a currently valid OMB alternatives to EPA test methods and control number. Control numbers for procedures and are cited in the final For target compounds not listed in EPA’s regulations are listed in 40 CFR rule. Table 1.1 of ASTM D6420–99, but part 9 and 48 CFR chapter 15. The voluntary consensus standard, potentially detected by mass American Society of Mechanical spectrometry, the regulation specifies H. National Technology Transfer and Engineers (ASME) PTC 19–10–1981— that the additional system continuing Advancement Act Part 10, Flue and Exhaust Gas Analyses, calibration check after each run, as Section 12(d) of the National is cited in the final rule for its manual detailed in Section 10.5.3 of the ASTM Technology Transfer and Advancement method for measuring the oxygen method, must be followed, met, Act (NTTAA) of 1995 (Public Law No. content of exhaust gas. Part 10 of ASME documented, and submitted with the 104–113) (15 U.S.C. 272 note) directs PTC 19–10–1981 is an acceptable data report even if there is no moisture EPA to use voluntary consensus alternative to Method 3B. condenser used or the compound is not standards in their regulatory and The voluntary consensus standard, considered water soluble. For target procurement activities unless to do so American Society for Testing and compounds not listed in Table 1.1 of would be inconsistent with applicable Materials (ASTM) D6420–99, Standard ASTM D6420–99 and not amenable to law or otherwise impractical. Voluntary Test Method for Determination of detection by mass spectrometry, ASTM consensus standards are technical Gaseous Organic Compounds by Direct D6420–99 does not apply.

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The voluntary consensus standard, 2. Part 63 is amended by adding a Table 2 to Subpart XX of Part 63— ASTM D1946–90 (2000), Standard new subpart XX to read as follows: Requirements of 40 CFR Part 61, Subpart Practice for Analysis of Reformed Gas FF, Not Included in the Requirements for by Gas Chromatography, is an Subpart XX—National Emission This Subpart and Alternate Requirements acceptable method for measuring Standards for Ethylene Manufacturing process vent emissions of carbon Process Units: Heat Exchange Introduction monoxide and hydrogen for the Systems and Waste Operations § 63.1080 What is the purpose of this purposes of the final rule. Sec. subpart? The search and review results have been documented and are placed in the Introduction This subpart establishes requirements for controlling emissions of hazardous Generic MACT docket (Docket No. A– 63.1080 What is the purpose of this 97–17). subpart? air pollutants (HAP) from heat exchange 63.1081 When must I comply with the systems and waste streams at new and I. Congressional Review Act requirements of this subpart? existing ethylene production units. The Congressional Review Act, 5 Definitions § 63.1081 When must I comply with the U.S.C. 801 et seq., as added by the 63.1082 What definitions do I need to requirements of this subpart? SBREFA, generally provides that before know? You must comply with the a rule may take effect, the agency Applicability for Heat Exchange Systems requirements of this subpart according promulgating the rule must submit a to the schedule specified in 63.1083 Does this subpart apply to my heat rule report, which includes a copy of § 63.1102(a). the rule, to each House of the Congress exchange system? and to the Comptroller General of the 63.1084 What heat exchange systems are Definitions exempt from the requirements of this United States. The EPA will submit a subpart? § 63.1082 What definitions do I need to report containing this final rule and know? other required information to the U.S. Heat Exchange System Requirements (a) Unless defined in paragraph (b) of Senate, the U.S. House of 63.1085 What are the general requirements this section, definitions for terms used Representatives, and the Comptroller for heat exchange systems? in this subpart are provided in the Clean General of the United States, prior to Monitoring Requirements for Heat Exchange Air Act, § 63.1103(e), and 40 CFR publication of the final rule in the Systems 61.341. Federal Register. A major rule cannot 63.1086 How must I monitor for leaks to (b) The following definitions apply to take effect until 60 days after it is cooling water? terms used in this subpart: published in the Federal Register. This Continuous butadiene waste stream action is not a ‘‘major rule’’ as defined Repair Requirements for Heat Exchange Systems means the continuously flowing process by 5 U.S.C. 804(2) and, therefore, will be wastewater from the following effective on July 12, 2002. 63.1087 What actions must I take if a leak is detected? equipment: The aqueous drain from the J. Executive Order 13211, Actions 63.1088 In what situations may I delay leak debutanizer reflux drum, water Concerning Regulations That repair, and what actions must I take for separators on the C4 crude butadiene Significantly Affect Energy Supply, delay of repair? transfer piping, and the C4 butadiene Distribution, or Use Recordkeeping and Reporting Requirements storage equipment; and spent wash water from the C4 crude butadiene This rule is not subject to Executive for Heat Exchange Systems carbonyl wash system. The continuous Order 13211, ‘‘Actions Concerning 63.1089 What records must I keep? butadiene waste stream does not Regulations That Significantly Affect 63.1090 What reports must I submit? include butadiene streams generated Energy Supply, Distribution, or Use’’ (66 Background for Waste Requirements from sampling, maintenance activities, FR 28355, May 22, 2001) because it is 63.1091 What do the waste requirements or shutdown purges. The continuous not a significant regulatory action under do? butadiene waste stream does not Executive Order 12866. 63.1092 What are the major differences include butadiene streams from List of Subjects in 40 CFR Part 63 between the requirements of 40 CFR part equipment that is currently an affected 61, subpart FF, and the waste source subject to the control Environmental protection, requirements for ethylene production Administrative practice and procedure, sources? requirements of another NESHAP. The continuous butadiene waste stream Air pollution control, Hazardous Applicability for Waste Requirements substances, Intergovernmental relations, contains less than 10 parts per million 63.1093 Does this subpart apply to my Reporting and recordkeeping by weight (ppmw) of benzene. waste streams? Dilution steam blowdown waste requirements. 63.1094 What waste streams are exempt stream means any continuously flowing Dated: May 15, 2002. from the requirements of this subpart? process wastewater stream resulting Christine Todd Whitman, Waste Requirements from the quench and compression of Administrator. 63.1095 What specific requirements must I cracked gas (the cracking furnace For the reasons set out in the comply with? effluent) at an ethylene production unit preamble, title 40, chapter I, part 63 of 63.1096 What requirements must I comply and is discharged from the unit. This the Code of Federal Regulations is with if I transfer waste off-site? stream typically includes the aqueous or amended as follows: Implementation and Enforcement oily-water stream that results from condensation of dilution steam (in the PART 63—[AMENDED] 63.1097 Who implements and enforces this cracking furnace quench system), subpart? blowdown from dilution steam 1. The authority citation for part 63 Tables to Subpart XX of Part 63 generation systems, and aqueous continues to read as follows: Table 1 to Subpart XX of Part 63—Hazardous streams separated from the process Authority: 42 U.S.C. 7401 et seq. Air Pollutants between the cracking furnace and the

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cracked gas dehydrators. The dilution (b) Your heat exchange system system according to the requirements of steam blowdown waste stream does not contains an intervening cooling fluid, paragraph (a) of this section, monitoring include dilution steam blowdown containing less than 5 percent by weight each heat exchanger according to the streams generated from sampling, of total HAP listed in Table 1 to this requirements of paragraph (b) of this maintenance activities, or shutdown subpart, between the process and the section, or monitoring a surrogate purges. The dilution steam blowdown cooling water. This intervening fluid parameter according to the requirements waste stream also does not include must serve to isolate the cooling water of paragraph (c) of this section. If you blowdown that has not contacted HAP- from the process fluid and must not be elect to comply with the requirements of containing process materials. sent through a cooling tower or paragraph (a) or (b) of this section, you Heat exchange system means any discharged. For purposes of this section, may use alternatives in paragraph (d)(1) cooling tower system or once-through discharge does not include emptying for or (2) of this section for determining the cooling water system (e.g., river or pond maintenance purposes. mean entrance concentration. water). A heat exchange system can (c) The once-through heat exchange (a) Heat exchange system. Monitor include more than one heat exchanger system is subject to a National Pollution cooling water in each heat exchange and can include an entire recirculating Discharge Elimination System (NPDES) system for the HAP listed in Table 1 to or once-through cooling system. permit with an allowable discharge this subpart (either total or speciated) or Process wastewater means water limit of 1 part per million by volume other representative substances (e.g., which comes in contact with benzene or (ppmv) or less above influent total organic carbon or volatile organic butadiene during manufacturing or concentration, or 10 percent or less compounds (VOC)) that indicate the processing operations conducted within above influent concentration, whichever presence of a leak according to the an ethylene production unit. Process is greater. requirements in paragraphs (a)(1) wastewater is not organic wastes, (d) Your once-through heat exchange through (5) of this section. (1) You define the equipment that process fluids, product tank drawdown, system is subject to a NPDES permit that comprises each heat exchange system. cooling water blowdown, steam trap meets all of the conditions in For the purposes of implementing condensate, or landfill leachate. Process paragraphs (d)(1) through (4) of this paragraph (a) of this section, a heat wastewater includes direct-contact section. (1) The permit requires monitoring of exchange system may consist of an cooling water. a parameter or condition to detect a leak entire heat exchange system or any Spent caustic waste stream means the of process fluids to cooling water. combinations of heat exchangers such continuously flowing process (2) The permit specifies the normal that, based on the rate of cooling water wastewater stream that results from the range of the parameter or condition. at the entrance and exit to each heat use of a caustic wash system in an (3) The permit requires monthly or exchange system and the sensitivity of ethylene production unit. A caustic more frequent monitoring for the the test method being used, a leak of wash system is commonly used at parameters selected as leak indicators. 3.06 kg/hr or greater of the HAP in Table ethylene production units to remove (4) The permit requires you to report 1 to this subpart would be detected. For acid gases and sulfur compounds from and correct leaks to the cooling water example, if the test you decide to use process streams, typically cracked gas. when the parameter or condition has a sensitivity of 1 ppmv for total The spent caustic waste stream does not exceeds the normal range. HAP, you must define the heat exchange include spent caustic streams generated (e) Your recirculating or once-through system so that the cooling water flow from sampling, maintenance activities, heat exchange system cools process rate is 51,031 liters per minute or less or shutdown purges. fluids that contain less than 5 percent so that a leak of 3.06 kg/hr can be Applicability for Heat Exchange by weight of total HAP listed in Table detected. Systems 1 to this subpart. (2) Monitoring periods. For existing Heat Exchange System Requirements sources, monitor cooling water as § 63.1083 Does this subpart apply to my specified in paragraph (a)(2)(i) of this heat exchange system? § 63.1085 What are the general section. Monitor heat exchange systems The provisions of this subpart apply requirements for heat exchange systems? at new sources according to the to your heat exchange system if you Unless you meet one of the specifications in paragraph (a)(2)(ii) of own or operate an ethylene production requirements for exemptions in this section. unit expressly referenced to this subpart § 63.1084, you must meet the (i) Monitor monthly for 6 months, XX from subpart YY of this part. The requirements in paragraphs (a) through both initially and following completion provisions of subpart A (General (d) of this section. of a leak repair. Then monitor as Provisions) of this part do not apply to (a) Monitor the cooling water for the provided in either paragraph (a)(2)(i)(A) this subpart except as specified in presence of substances that indicate a or (a)(2)(i)(B) of this section, as subpart YY of this part. leak according to § 63.1086. appropriate. (b) If you detect a leak, repair it (A) If no leaks are detected by § 63.1084 What heat exchange systems according to § 63.1087 unless repair is monitoring monthly for a 6-month are exempt from the requirements of this delayed according to § 63.1088. subpart? period, monitor quarterly thereafter (c) Keep the records specified in until a leak is detected. Your heat exchange system is exempt § 63.1089. (B) If a leak is detected, monitor from the requirements in §§ 63.1085 and (d) Submit the reports specified in monthly until the leak has been 63.1086 if it meets any one of the § 63.1090. repaired. Upon completion of repair, criteria in paragraphs (a) through (e) of Monitoring Requirements for Heat monitor according to the specifications this section. Exchange Systems in paragraph (a)(2)(i) of this section. (a) Your heat exchange system (ii) Monitor the cooling water weekly operates with the minimum pressure on § 63.1086 How must I monitor for leaks to for heat exchange systems at new the cooling water side at least 35 cooling water? sources. kilopascals greater than the maximum You must monitor for leaks to cooling (3) Determine the concentration of the pressure on the process side. water by monitoring each heat exchange monitored substance in the heat

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exchange system cooling water using determined according to the provisions provided in paragraph (c)(1)(iii)(A)(1) or any method listed in 40 CFR part 136. of appendix D to this part. Alternative (c)(1)(iii)(A)(2) of this section, as Use the same method for both entrance methods may be used upon approval by appropriate. and exit samples. You may validate 40 the Administrator. (1) If no leaks are detected, monitor CFR part 136 methods for the HAP (3) Take a minimum of three sets of quarterly thereafter until a leak is listed in Table 1 to this subpart samples at each heat exchanger entrance detected. according to the procedures in appendix and exit. (2) If a leak is detected, monitor D to this part. Alternative methods may (4) Calculate the average entrance and monthly until the leak has been be used upon approval by the exit concentrations, correcting for the repaired. Upon completion of repair, Administrator. addition of make-up water and monitor according to the specifications (4) Take a minimum of three sets of evaporative losses, if applicable. Using in paragraph (c)(1)(iii)(A) of this section. samples at each entrance and exit. a one-sided statistical procedure at the (B) Monitor the cooling water weekly (5) Calculate the average entrance and 0.05 level of significance, if the exit for heat exchange systems at new exit concentrations, correcting for the mean concentration is at least 1 ppmv sources. addition of make-up water and or 10 percent greater than the entrance (iv) The records that will be evaporative losses, if applicable. Using mean, whichever is greater, you have maintained to document compliance a one-sided statistical procedure at the detected a leak. with the requirements of this section. 0.05 level of significance, if the exit (c) Surrogate parameters. You may (2) If a leak is identified by audio, mean concentration is at least 10 elect to comply with the requirements of visual, or olfactory inspection, a method percent greater than the entrance mean, this section by monitoring using a listed in 40 CFR part 136, or any other or a leak of 3.06 kg/hr or greater of the surrogate indicator of leaks, provided means other than those described in the HAP (total or speciated) in Table 1 to that you comply with the requirements monitoring plan, and the method(s) this subpart or other representative of paragraphs (c)(1) through (3) of this specified in the plan could not detect substance into the cooling water is section. Surrogate indicators that could the leak, you shall revise the plan and detected, you have detected a leak. be used to develop an acceptable document the basis for the changes. You (b) Individual heat exchangers. monitoring program are ion specific shall complete the revisions to the plan Monitor the cooling water at the electrode monitoring, pH, conductivity, no later than 180 days after discovery of entrance and exit of each heat exchanger or other representative indicators. the leak. for the HAP in Table 1 to this subpart (1) You shall prepare and implement (3) You shall maintain, at all times, (either total or speciated) or other a monitoring plan that documents the the monitoring plan that is currently in representative substances (e.g., total procedures that will be used to detect use. The current plan shall be organic carbon or VOC) that indicate the leaks of process fluids into cooling maintained on-site, or shall be presence of a leak in a heat exchanger waters. The plan shall require accessible from a central location by according to the requirements in monitoring of one or more process computer or other means that provide paragraphs (b)(1) through (4) of this parameters or other conditions that access within 2 hours after a request. If section. indicate a leak. Monitoring that is the monitoring plan is changed, you (1) Monitoring periods. For existing already being conducted for other must retain the most recent superseded sources, monitor cooling water as purposes may be used to satisfy the plan for at least 5 years from the date specified in paragraph (b)(1)(i) of this requirements of this section. The plan of its creation. The superseded plan section. Monitor each heat exchanger at shall include the information specified shall be retained on-site or accessible new sources according to the in paragraphs (c)(1)(i) through (iv) of from a central location by computer or specifications in paragraph (b)(1)(ii) of this section. other means that provide access within this section. (i) A description of the parameter or 2 hours after a request. (i) Monitor monthly for 6 months, condition to be monitored and an (d) Simplifying assumptions for both initially and following completion explanation of how the selected entrance mean concentration. If you are of a leak repair. Then monitor as parameter or condition will reliably complying with paragraph (a) or (b) of provided in paragraph (b)(1)(i)(A) or indicate the presence of a leak. this section, you may elect to determine (b)(1)(i)(B) of this section, as (ii) The parameter level(s) or the entrance mean concentration as appropriate. condition(s) that shall constitute a leak. specified in paragraph (d)(1) or (2) of (A) If no leaks are detected by This shall be documented by data or this section. monitoring monthly for a 6-month calculations showing that the selected (1) Assume that the entrance mean period, monitor quarterly thereafter levels or conditions will reliably concentration of the monitored until a leak is detected. identify leaks. The monitoring must be substance is zero; or, (B) If a leak is detected, monitor sufficiently sensitive to determine the (2) Determine the entrance mean monthly until the leak has been range of parameter levels or conditions concentration of a monitored substance repaired. Upon completion of repair, when the system is not leaking. When at a sampling location anywhere monitor according to the specifications the selected parameter level or upstream of the heat exchanger or heat in paragraph (b)(1)(i) of this section. condition is outside that range, you exchange system, provided that there is (ii) Monitor the cooling water weekly have detected a leak. not a reasonable opportunity for the for heat exchangers at new sources. (iii) Monitoring periods. For existing concentration to change at the entrance (2) Determine the concentration of the sources, monitor cooling water as to each heat exchanger or heat exchange monitored substance in the cooling specified in paragraph (c)(1)(iii)(A) of system. water using any method listed in 40 this section. Monitor heat exchange Repair Requirements for Heat Exchange CFR part 136, as long as the method is systems at new sources according to the Systems sensitive to concentrations as low as 10 specifications in paragraph (c)(1)(iii)(B) ppmv. Use the same method for both of this section. § 63.1087 What actions must I take if a leak entrance and exit samples. Validation of (A) Monitor monthly for 6 months, is detected? 40 CFR part 136 methods for the HAP both initially and following completion If a leak is detected, you must comply listed in Table 1 to this subpart may be of a leak repair. Then monitor as with the requirements in paragraphs (a)

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and (b) of this section unless repair is are not available, you may delay repair § 63.1092 What are the major differences delayed according to § 63.1088. a maximum of 120 calendar days. You between the requirements of 40 CFR part (a) Repair the leak as soon as practical must demonstrate that the necessary 61, subpart FF, and the waste requirements but not later than 45 calender days after equipment, parts or personnel were not for ethylene production sources? you received the results of monitoring available. The major differences between the tests that indicated a leak. You must requirements of 40 CFR part 61, subpart Recordkeeping and Reporting repair the leak unless you demonstrate FF, and the requirements for ethylene Requirements for Heat Exchange that the results are due to a condition production sources are listed in Systems other than a leak. paragraphs (a) through (d) of this (b) Once the leak has been repaired, § 63.1089 What records must I keep? section. use the monitoring requirements in (a) The requirements for ethylene You must keep the records in § 63.1086 within 7 calender days of the production sources apply to all ethylene paragraphs (a) through (e) of this repair or startup, whichever is later, to production sources that are part of a section, according to the requirements confirm that the heat exchange system major source. The requirements do not of § 63.1109(c). has been repaired. include a provision to exempt sources (a) Monitoring data required by with a total annual benzene quantity § 63.1088 In what situations may I delay § 63.1086 that indicate a leak, the date less than 10 megagrams per year (Mg/yr) leak repair, and what actions must I take for the leak was detected, or, if applicable, delay of repair? from control requirements. the basis for determining there is no (b) The requirements for ethylene You may delay the repair of heat leak. production sources apply to continuous exchange systems if the leaking (b) The dates of efforts to repair leaks. butadiene waste streams which do not equipment is isolated from the process. (c) The method or procedures used to contain benzene quantities that would You may also delay repair if repair is confirm repair of a leak and the date the make them subject to the management technically infeasible without a repair was confirmed. and treatment requirements of 40 CFR shutdown, and you meet one of the part 61, subpart FF. conditions in paragraphs (a) through (c) (d) Documentation of delay of repair as specified in § 63.1088. (c) The requirements for ethylene of this section. production sources do not include the (a) If a shutdown is expected within (e) If you validate a 40 CFR part 136 compliance options at 40 CFR the next 2 months of determining delay method for the HAP listed in Table 1 to 61.342(c)(3)(ii), (d) and (e) for sources of repair is necessary, you are not this subpart according to the procedures with a total annual benzene quantity required to have a special shutdown in appendix D to this part, then you less than 10 Mg/yr. before that planned shutdown. must keep a record of the test data and (d) If you transfer waste off-site, you (b) If a shutdown is not expected calculations used in the validation. must comply with the requirements in within the next 2 months of determining § 63.1090 What reports must I submit? § 63.1096 rather than 40 CFR 61.342(f). delay of repair is necessary, you may delay repair if a shutdown for repair If you delay repair for your heat Applicability for Waste Requirements would cause greater emissions than the exchange system, you must report the potential emissions from delaying repair delay of repair in the semiannual report § 63.1093 Does this subpart apply to my waste streams? until the next shutdown of the process required by § 63.1110(e). If the leak equipment associated with the leaking remains unrepaired, you must continue The waste stream provisions of this heat exchanger. You must document the to report the delay of repair in subpart apply to your waste streams if basis for the determination that a semiannual reports until you repair the you own or operate an ethylene shutdown for repair would cause greater leak. You must include the information production facility expressly referenced emissions than the emissions likely to in paragraphs (a) through (e) of this to this subpart XX from subpart YY of result from delay of repair. The section in the semiannual report. this part. The provisions of subpart A documentation process must include (a) The fact that a leak was detected, (General Provisions) of this part do not the activities in paragraphs (b)(1) and the date that the leak was detected. apply to this subpart except as specified through (4) of this section. (b) Whether or not the leak has been in a referencing subpart. (1) State the reason(s) for delaying repaired. § 63.1094 What waste streams are exempt repair. (c) The reasons for delay of repair. If from the requirements of this subpart? (2) Specify a schedule for completing you delayed the repair as provided in the repair as soon as practical. The types of waste described in § 63.1088(b), documentation of paragraphs (a) and (b) of this section are (3) Calculate the potential emissions emissions estimates. from the leaking heat exchanger by exempt from this subpart. (d) If a leak remains unrepaired, the (a) Waste in the form of gases or multiplying the concentration of HAP expected date of repair. listed in Table 1 to this subpart (or other vapors that is emitted from process monitored substances) in the cooling (e) If a leak is repaired, the date the fluids. water from the leaking heat exchanger leak was successfully repaired. (b) Waste that is contained in a by the flow rate of the cooling water Background for Waste Requirements segregated storm water sewer system. from the leaking heat exchanger and by Waste Requirements the expected duration of the delay. § 63.1091 What do the waste requirements (4) Determine emissions of HAP listed do? § 63.1095 What specific requirements in Table 1 to this subpart (or other This subpart requires you to comply must I comply with? monitored substances) from purging and with 40 CFR part 61, subpart FF, For waste that is not transferred off- depressurizing the equipment that will National Emission Standards for site, you must comply with the result from the unscheduled shutdown Benzene Waste Operations. There are requirements in paragraph (a) of this for the repair. some differences between the ethylene section for continuous butadiene waste (c) If repair is delayed because the production waste requirements and streams and paragraph (b) of this section necessary equipment, parts or personnel those of subpart FF. for benzene waste streams. If you

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transfer waste off-site, you must comply through (e) in either the Periodic submitted to the treatment operator with the requirements of § 63.1096. Reports required in § 63.152 or the initially and whenever there is a change (a) Continuous butadiene waste Periodic Reports required in in the required treatment. streams. Manage and treat continuous § 63.1110(e). (b) You may not transfer the waste butadiene waste streams that contain (3) If the total annual benzene stream unless the transferee has greater than or equal to 10 ppmv 1,3- quantity from waste at your facility is submitted to the Administrator a written butadiene and have a flow rate greater less than 10 Mg/yr, as determined certification that the transferee will than or equal to 0.02 liters per minute, according to 40 CFR 61.342(a), comply manage and treat any waste stream according to either paragraph (a)(1) or with the requirements of this section at received from a source subject to the (2) of this section. If the total annual all times except during periods of requirements of this subpart in benzene quantity from waste at your startup, shutdown, and malfunction, if accordance with the requirements of facility is less than 10 Mg/yr, as the startup, shutdown, or malfunction this subpart. determined according to 40 CFR precludes the ability of the affected (c) By providing this written 61.342(a), the requirements of paragraph source to comply with the requirements certification to the Administrator, the (a)(3) of this section apply also. of this section and the owner or operator certifying entity accepts responsibility (1) Route the continuous butadiene follows the provisions for periods of for compliance with the regulatory stream to a treatment process or startup, shutdown, and malfunction, as provisions in this subpart with respect wastewater treatment system used to specified in § 63.1111. to any shipment of waste covered by the treat benzene waste streams that (b) Benzene waste streams. For written certification. Failure to abide by complies with the standards specified in benzene-containing streams, you must any of those provisions with respect to 40 CFR 61.348. Comply with the comply with the requirements of 40 CFR such shipments may result in requirements of 40 CFR part 61, subpart part 61, subpart FF, except as specified enforcement action by EPA against the FF; with the changes in Table 2 to this in Table 2 to this subpart. You must certifying entity in accordance with the subpart, and as specified in paragraphs manage and treat waste streams as enforcement provisions applicable to (a)(1)(i) through (v) of this section. specified in either paragraph (b)(1) or (2) violations of those provisions by owners (i) Determine the butadiene of this section. or operators of sources. concentration of the waste stream (1) If the total annual benzene (d) The certifying entity may revoke according to 40 CFR 61.355(c)(1) quantity from waste at your facility is the written certification by sending a through (3), except substitute ‘‘1,3- less than 10 Mg/yr, as determined written statement to the Administrator butadiene’’ for each occurrence of according to 40 CFR 61.342(a), manage and you. The notice of revocation must ‘‘benzene.’’ You may validate 40 CFR and treat spent caustic waste streams provide at least 90 days notice that the part 136 methods for 1,3-butadiene and dilution steam blowdown waste certifying entity is rescinding according to the procedures in appendix streams according to 40 CFR acceptance of responsibility for D to this part. You do not need to 61.342(c)(1) through (c)(3)(i). The compliance with the regulatory determine the butadiene concentration requirements of this paragraph (b)(1) provisions of this subpart. Upon of a waste stream if you designate that shall apply at all times except during expiration of the notice period, you may the stream must be controlled. periods of startup, shutdown, and not transfer the waste stream to that off- (ii) Comply with 40 CFR malfunction, if the startup, shutdown, site treatment operation. Written 61.342(c)(1)(ii) and (iii) for each waste or malfunction precludes the ability of certifications and revocation statements management unit that receives or the affected source to comply with the to the Administrator from the manages the waste stream prior to and requirements of this section and the transferees of waste shall be signed by during treatment or recycling of the owner or operator follows the the responsible official of the certifying waste stream. provisions for periods of startup, entity, provide the name and address of (iii) Comply with the recordkeeping shutdown, and malfunction, as requirements in 40 CFR 61.356(b), (b)(1) the certifying entity, and be sent to the specified in § 63.1111. appropriate EPA Regional Office at the and (b)(2), except substitute ‘‘1,3- (2) If the total annual benzene butadiene’’ for each occurrence of addresses listed in 40 CFR 63.13. Such quantity from waste at your facility is written certifications are not ‘‘benzene’’ and ‘‘continuous butadiene greater than or equal to 10 Mg/yr, as waste stream’’ for each occurrence of transferable by the treater to other off- determined according to 40 CFR site waste treatment operators. ‘‘waste stream.’’ 61.342(a), you must manage and treat (iv) Comply with the reporting waste streams according to any of the Implementation and Enforcement requirements in 40 CFR 61.357(a), (a)(2), options in 40 CFR 61.342(c)(1) through § 63.1097 Who implements and enforces (a)(3), (a)(3)(iii) through (v), and (d)(1) (e). and (2), except substitute ‘‘1,3- this subpart? butadiene’’ for each occurrence of § 63.1096 What requirements must I (a) This subpart can be implemented ‘‘benzene’’ and ‘‘continuous butadiene comply with if I transfer waste off-site? and enforced by the U.S. Environmental waste stream’’ for each occurrence of If you elect to transfer waste off-site, Protection Agency (EPA), or a delegated ‘‘waste stream.’’ you must comply with the requirements authority such as the applicable State, (v) Include only the information in 40 in paragraphs (a) through (d) of this local, or tribal agency. If the EPA CFR 61.357(a)(2) and (a)(3)(iii) through section. Administrator has delegated authority to (v) in the report required in 40 CFR (a) Include a notice with the shipment a State, local, or tribal agency, then that 61.357(a) and (d)(2). or transport of each waste stream. The agency has the authority to implement (2) Comply with the process notice shall state that the waste stream and enforce this subpart. Contact the wastewater requirements of subpart G of contains organic HAP that are to be applicable EPA Regional Office to find this part. Submit the information treated in accordance with the out if this subpart is delegated. required in § 63.146(b) in the provisions of this subpart. When the (b) In delegating implementation and Notification of Compliance Status transport is continuous or ongoing (for enforcement authority of this subpart to required by § 63.1110(d). Submit the example, discharge to a publicly-owned a State, local, or tribal agency under 40 information required in § 63.146(c) treatment works), the notice shall be CFR part 63, subpart E, the authorities

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contained in paragraphs (b)(1) through § 63.6(g). Where these standards (4) Approval of major changes to (5) of this section are retained by the reference another subpart, the cited monitoring under § 63.8(f) and as EPA Administrator and are not provisions will be delegated according defined in § 63.90. transferred to the State, local, or tribal to the delegation provisions of the (5) Approval of major changes to agency. referenced subpart. recordkeeping and reporting under (2) [Reserved] (1) Approval of alternatives to the (3) Approval of major changes to test § 63.10(f) and as defined in § 63.90. nonopacity emissions standards in methods under § 63.7(e)(2)(ii) and (f) Tables to Subpart XX of Part 63 §§ 63.1085, 63.1086 and 63.1095, under and as defined in § 63.90.

TABLE 1 TO SUBPART XX OF PART 63.—HAZARDOUS AIR POLLUTANTS

Hazardous air pollutant CAS No.

Benzene ...... 71432 1,3-Butadiene ...... 106990 Cumene ...... 98828 Ethyl benzene ...... 100414 Hexane ...... 110543 Naphthalene ...... 91203 Styrene ...... 100425 Toluene ...... 108883 o-Xylene ...... 95476 m-Xylene ...... 108383 p-Xylene ...... 106423

TABLE 2 TO SUBPART XX OF PART 63.—REQUIREMENTS OF 40 CFR PART 61, SUBPART FF, NOT INCLUDED IN THE REQUIREMENTS FOR THIS SUBPART AND ALTERNATE REQUIREMENTS

If the total annual benzene quatity for waste from your facility is * * * Do not comply with: Instead, comply with:

1. Less than 10 Mg/yr ...... 40 CFR 61.340 ...... § 63.1093.

40 CFR 61.342(c)(3)(ii), (d), and (e) ...... There is no equivalent requirement.

40 CFR 61.342(f) ...... § 61.1096.

40 CFR 61.355(j) and (k) ...... There is no equivalent requirement.

40 CFR 61.356(b)(2)(ii), (b)(3) through (b)(5) There is no equivalent requirement.

The requirement to submit the information re- The requirement to submit the information re- quired in 40 CFR 61.357(a) to the Adminis- quired in 40 CFR 61.357(a) as part of the trator within 90 days after January 7, 1993. Initial Notification required in 40 CFR 63.1110(c).

The requirement in 40 CFR 61.357(d) to sub- The requirement to submit the information in mit the information in 40 CFR 61.357(d)(1) 40 CFR 61.357(d)(1) and (d)(2) for spent and (d)(2) if the TAB quantity from your fa- caustic, dilution steam blowdown, and con- cility is equal to or greater than 10 Mg/yr. tinuous butadiene waste streams.

The requirement in 40 CFR 61.357(d)(1) to The requirement to submit the information re- submit the information required in 40 CFR quired in 40 CFR 61.357(d)(1) as part of 63.357(d)(1) to the Administrator within 90 the Notification of Compliance Status re- days after January 7, 1993. quired in 40 CFR 63.1110(d).

40 CFR 61.357(d)(3) through (d)(5) ...... There is no equivalent requirement.

2. Greater than or equal to 10 Mg/yr ...... 40 CFR 61.340 ...... § 61.1093.

40 CFR 61.342(f) ...... § 61.1096.

The requirement to submit the information re- The requirement to submit the information re- quired in 40 CFR 61.357(a) to the Adminis- quired in 40 CFR 61.357(a) as part of the trator within 90 days after January 7, 1993. Initial Notification required in 40 CFR 63.1110(c).

The requirement in 40 CFR 61.357(d) to sub- The requirement to submit the information in mit the information in 40 CFR 61.357(d)(1) 40 CFR 61.357(d)(1) and (d)(2) as part of and (d)(2) if the TAB quantity from your fa- the Notification of Compliance Status re- cility is equal to or greater than 10 Mg/yr. quired in 40 CFR 63.1110(d).

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Subpart SS—[Amended] 5. Section 63.987 is amended by: 63.990(a), 63.993(a), 63.994(a), and a. Revising the definition of Dj in 63.995(a) under § 63.6(g). Where these 3. Section 63.981 is amended by paragraph (b)(3)(ii); and standards reference another subpart, the adding in alphabetical order a definition b. Revising paragraph (b)(3)(iii). cited provisions will be delegated of Supplemental combustion air to read The revisions read as follows: according to the delegation provisions as follows: of the referenced subpart. § 63.987 Flare requirements. (2) [Reserved] § 63.981 Definitions. * * * * * (3) Approval of major changes to test * * * * * (b) * * * methods under § 63.7(e)(2)(ii) and (f) Supplemental combustion air means (3) * * * and as defined in § 63.90. the air that is added to a vent stream (ii) * * * (4) Approval of major changes to after the vent stream leaves the unit Dj = Concentration of sample monitoring under § 63.8(f) and as operation. Air that is part of the vent component j, in parts per million by defined in § 63.90. stream as a result of the nature of the volume on a wet basis, as measured (5) Approval of major changes to unit operation is not considered for organics by Method 18 of 40 recordkeeping and reporting under supplemental combustion air. Air CFR part 60, appendix A, or by § 63.10(f) and as defined in § 63.90. required to operate combustion device American Society for Testing and * * * * * burner(s) is not considered Materials (ASTM) D6420–99 7. Section 63.997 is amended by: supplemental combustion air. Air (available for purchase from at least a. Revising paragraph (e)(2)(ii); required to ensure the proper operation one of the following addresses: 100 b. Revising paragraph (e)(2)(iii) of catalytic oxidizers, to include the Barr Harbor Drive, West introductory text; intermittent addition of air upstream of Conshohocken, PA 19428–2959; or c. Revising the first sentence of the catalyst bed to maintain a minimum University Microfilms International, paragraph (e)(2)(iii)(C)(1); threshold flow rate through the catalyst 300 North Zeeb Road, Ann Arbor, d. Revising paragraph (e)(2)(iii)(D); bed or to avoid excessive temperatures MI 48106) under the conditions e. Adding paragraph (e)(2)(iii)(E); in the catalyst bed, is not considered to specified in § 63.997(e)(2)(iii)(D)(1) f. Revising paragraph (e)(2)(iv) be supplemental combustion air. through (3). Hydrogen and carbon introductory text; * * * * * monoxide are measured by ASTM g. Removing and reserving paragraphs 4. Section 63.983 is amended by: D1946–90; and (e)(2)(iv)(B)(2) and (3); and a. Revising paragraphs (a)(3)(i) and * * * * * h. Adding paragraphs (e)(2)(iv)(F) (a)(3)(ii); (iii) The actual exit velocity of a flare through (I). b. Revising the heading for paragraph shall be determined by dividing the The revisions and additions read as (b); and volumetric flow rate (in unit of standard follows: c. Adding paragraph (b)(4). temperature and pressure), as § 63.997 Performance test and compliance The revisions and additions read as determined by Method 2, 2A, 2C, 2D, assessment requirements for control follows: 2F, or 2G of 40 CFR part 60, appendix devices. A, as appropriate, by the unobstructed § 63.983 Closed vent systems. * * * * * (free) cross sectional area of the flare tip. (e) * * * (a) * * * * * * * * (2) * * * (3) * * * (ii) Gas volumetric flow rate. The gas (i) Properly install, maintain, and 6. Part 63 is amended by adding § 63.992 to read as follows: volumetric flow rate shall be operate a flow indicator that is capable determined using Method 2, 2A, 2C, 2D, of taking periodic readings. Records § 63.992 Implementation and enforcement. 2F, or 2G of 40 CFR part 60, appendix shall be generated as specified in (a) This subpart can be implemented A, as appropriate. § 63.998(d)(1)(ii)(A). The flow indicator and enforced by the U.S. Environmental (iii) Total organic regulated material shall be installed at the entrance to any Protection Agency (EPA), or a delegated or TOC concentration. To determine bypass line. authority such as the applicable State, compliance with a parts per million by (ii) Secure the bypass line valve in the local, or tribal agency. If the EPA volume total organic regulated material non-diverting position with a car-seal or Administrator has delegated authority to or TOC limit, the owner or operator a lock-and-key type configuration. a State, local, or tribal agency, then that shall use Method 18 or 25A of 40 CFR Records shall be generated as specified agency has the authority to implement part 60, appendix A, as applicable. The in § 63.998(d)(1)(ii)(B). and enforce this subpart. Contact the ASTM D6420–99 may be used in lieu of * * * * * applicable EPA Regional Office to find Method 18 of 40 CFR part 60, appendix (b) Closed vent system inspection and out if this subpart is delegated to a State, A, under the conditions specified in monitoring requirements. *** local, or tribal agency. paragraphs (e)(2)(iii)(D)(1) through (3) of (4) For each bypass line, the owner or (b) In delegating implementation and this section. Alternatively, any other operator shall comply with paragraph enforcement authority of this subpart to method or data that have been validated (b)(4)(i) or (ii) of this section. a State, local, or tribal agency under according to the applicable procedures (i) If a flow indicator is used, take a section 40 CFR part 63, subpart E, the in Method 301 of appendix A of 40 CFR reading at least once every 15 minutes. authorities contained in paragraphs part 63 may be used. The procedures (ii) If the bypass line valve is secured (b)(1) through (5) of this section are specified in paragraphs (e)(2)(iii)(A), (B), in the non-diverting position, visually retained by the EPA Administrator and (D), and (E) of this section shall be used inspect the seal or closure mechanism at are not transferred to the State, local, or to calculate parts per million by volume least once every month to verify that the tribal agency. concentration. The calculated valve is maintained in the non-diverting (1) Approval of alternatives to the concentration shall be corrected to 3 position, and the vent stream is not nonopacity emissions standards in percent oxygen using the procedures diverted through the bypass line. §§ 63.983(a) and (d), 63.984, 63.985(a), specified in paragraph (e)(2)(iii)(C) of * * * * * 63.986(a), 63.987(a), 63.988(a), this section if a combustion device is

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the control device and supplemental (2) The test results are acceptable if Method 25 to measure inlet and outlet combustion air is used to combust the the response from the high level concentrations of TOC if the condition emissions. calibration gas is at least 20 times the in either paragraph (e)(2)(iv)(H)(1) or (2) * * * * * standard deviation for the response from of this section is met. (C) * * * the zero calibration gas when the (1) The concentration at the inlet to (1) The emission rate correction factor instrument is zeroed on its most the control system and the required (or excess air), integrated sampling and sensitive scale. level of control would result in exhaust analysis procedures of Method 3B of 40 (3) The span value of the analyzer TGNMO concentrations of 50 parts per CFR part 60, appendix A, or American must be less than 100 parts per million million by volume or less. Society of Mechanical Engineers by volume. (2) Because of the high efficiency of (ASME) PTC 19–10–1981-–Part 10 (4) Report the results as carbon, the control device, the anticipated (available for purchase from: ASME calculated according to Equation 25A–1 TGNMO concentration of the control International, Three Park Avenue, New of Method 25A of 40 CFR part 60, device exhaust is 50 parts per million by York, NY 10016–5990, 800–843–2763 or appendix A. volume or less, regardless of the inlet 212–591–7722), shall be used to (iv) Percent reduction calculation. To concentration. determine the oxygen concentration. determine compliance with a percent (I) If the uncontrolled or inlet gas *** reduction requirement, the owner or stream to the control device contains formaldehyde, you must conduct * * * * * operator shall use Method 18, 25, or emissions testing according to (D) To measure the total organic 25A of 40 CFR part 60, appendix A, as paragraph (e)(2)(iv)(I)(1) or (2) of this regulated material concentration at the applicable. The method ASTM D6420– section. outlet of a control device, use Method 99 may be used in lieu of Method 18 of 40 CFR part 60, appendix A, under the (1) If you elect to comply with a 18 of 40 CFR part 60, appendix A, or percent reduction requirement and ASTM D6420–99. If you have a conditions specified in paragraphs (e)(2)(iii)(D)(1) through (3) of this formaldehyde is the principal regulated combustion control device, you must material compound (i.e., greater than 50 first determine which regulated material section. Alternatively, any other method or data that have been validated percent of the regulated material compounds are present in the inlet gas compounds in the stream by volume), stream using process knowledge or the according to the applicable procedures in Method 301 of appendix A of 40 CFR you must use Method 316 or 320 of 40 screening procedure described in CFR part 63, appendix A, to measure Method 18. In conducting the part 63 may be used. The procedures specified in paragraphs (e)(2)(iv)(A) formaldehyde at the inlet and outlet of performance test, analyze samples the control device. Use the percent collected at the outlet of the combustion through (I) of this section shall be used to calculate percent reduction reduction in formaldehyde as a control device as specified in Method 18 surrogate for the percent reduction in or ASTM D6420–99 for the regulated efficiency. * * * * * total regulated material emissions. material compounds present at the inlet (2) If you elect to comply with an (F) To measure inlet and outlet of the control device. The method outlet total organic regulated material concentrations of total organic regulated ASTM D6420–99 may be used only concentration or TOC concentration material, use Method 18 of 40 CFR part under the conditions specified in limit, and the uncontrolled or inlet gas 60, appendix A, or ASTM D6420–99, paragraphs (e)(2)(iii)(D)(1) through (3) of stream to the control device contains under the conditions specified in this section. greater than 10 percent (by volume) paragraphs (e)(2)(iii)(D)(1) through (3) of (1) If the target compound(s) is listed formaldehyde, you must use Method this section. In conducting the in Section 1.1 of ASTM D6420–99 and 316 or 320 of 40 CFR part 63, appendix performance test, collect and analyze the target concentration is between 150 A, to separately determine the samples as specified in Method 18 or parts per billion by volume and 100 formaldehyde concentration. Calculate ASTM D6420–99. You must collect parts per million by volume. the total organic regulated material samples simultaneously at the inlet and (2) If the target compound(s) is not concentration or TOC concentration by outlet of the control device. If the listed in Section 1.1 of ASTM D6420– totaling the formaldehyde emissions performance test is for a combustion 99 but is potentially detected by mass measured using Method 316 or 320 and control device, you must first determine spectrometry, an additional system the other regulated material compound which regulated material compounds continuing calibration check after each emissions measured using Method 18 or are present in the inlet gas stream (i.e., run, as detailed in Section 10.5.3 of 25/25A. ASTM D6420–99, must be followed, uncontrolled emissions) using process met, documented, and submitted with knowledge or the screening procedure * * * * * described in Method 18. Quantify the the performance test report even if you Subpart TT—[Amended] do not use a moisture condenser or the emissions for the regulated material compound is not considered soluble. compounds present in the inlet gas 8. Section 63.1000 is amended by (3) If a minimum of one sample/ stream for both the inlet and outlet gas adding paragraph (b) to read as follows: analysis cycle is completed at least streams for the combustion device. every 15 minutes. (G) To determine inlet and outlet § 63.1000 Applicability. (E) To measure the TOC concentrations of TOC, use Method 25 * * * * * concentration, use Method 18 of 40 CFR of 40 CFR part 60, appendix A. Measure (b) Implementation and enforcement. part 60, appendix A, or use Method 25A the total gaseous non-methane organic This subpart can be implemented and of 40 CFR part 60, appendix A, (TGNMO) concentration of the inlet and enforced by the U.S. Environmental according to the procedures in outlet vent streams using the procedures Protection Agency (EPA), or a delegated paragraphs (e)(2)(iii)(E)(1) through (4) of of Method 25. Use the TGNMO authority such as the applicable State, this section. concentration in Equations 4 and 5 of local, or tribal agency. If the EPA (1) Calibrate the instrument on the paragraph (e)(2)(iv)(B) of this section. Administrator has delegated authority to predominant regulated material (H) Method 25A of 40 CFR part 60, a State, local, or tribal agency, then that compound. appendix A, may be used instead of agency has the authority to implement

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and enforce this subpart. Contact the out if this subpart is delegated to a State, out if this subpart is delegated to a State, applicable EPA Regional Office to find local, or tribal agency. local, or tribal agency. out if this subpart is delegated to a State, (1) In delegating implementation and (b) In delegating implementation and local, or tribal agency. enforcement authority of this subpart to enforcement authority of this subpart to (1) In delegating implementation and a State, local, or tribal agency under a State, local, or tribal agency under enforcement authority of this subpart to section 40 CFR part 63, subpart E, the section 40 CFR part 63, subpart E, the a State, local, or tribal agency under authorities contained in paragraphs (f)(i) authorities contained in paragraphs section 40 CFR part 63, subpart E, the through (v) of this section are retained (b)(1) through (5) of this section are authorities contained in paragraphs by the EPA Administrator and are not retained by the EPA Administrator and (b)(1)(i) through (v) of this section are transferred to the State, local, or tribal are not transferred to the State, local, or retained by the EPA Administrator and agency. tribal agency. are not transferred to the State, local, or (i) Approval of alternatives to the (1) Approval of alternatives to the tribal agency. nonopacity emissions standards in nonopacity emissions standards in (i) Approval of alternatives to the §§ 63.1022 through 62.1034, under §§ 63.1062 and 63.1063(a) and (b) for nonopacity emissions standards in § 63.6(g), and the standards for quality alternative means of emission §§ 63.1003 through 63.1015, under improvement programs in § 63.1035. limitation, under § 63.6(g). § 63.6(g). Where these standards Where these standards reference another (2) [Reserved] reference another subpart, the cited subpart, the cited provisions will be (3) Approval of major changes to test provisions will be delegated according delegated according to the delegation methods under § 63.7(e)(2)(ii) and (f) to the delegation provisions of the provisions of the referenced subpart. and as defined in § 63.90. referenced subpart. (ii) [Reserved] (4) Approval of major changes to (ii) [Reserved] (iii) Approval of major changes to test monitoring under § 63.8(f) and as (iii) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) defined in § 63.90. methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (5) Approval of major changes to and as defined in § 63.90. (iv) Approval of major changes to (iv) Approval of major changes to recordkeeping and reporting under monitoring under § 63.8(f) and as monitoring under § 63.8(f) and as § 63.10(f) and as defined in § 63.90. defined in § 63.90. defined in § 63.90. Subpart YY—[Amended] (v) Approval of major changes to (v) Approval of major changes to recordkeeping and reporting under recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. 11. Section 63.1100 is amended by: § 63.10(f) and as defined in § 63.90. a. Revising the first sentence of * * * * * * * * * * paragraph (a); b. Adding four entries in alphabetical Subpart UU—[Amended] Subpart WW—[Amended] order and footnotes (c) and (d) to Table 9. Section 63.1019 is amended by 10. Part 63 is amended by adding 1 to § 63.1100(a); adding paragraph (f) to read as follows: § 63.1067 to subpart WW to read as c. Revising the first sentence of the follows: introductory text of paragraph (g); § 63.1019 Applicability. d. Revising paragraphs (g)(1) through * * * * * § 63.1067 Implementation and (4); (f) Implementation and enforcement. enforcement. e. Revising the heading for paragraph This subpart can be implemented and (a) This subpart can be implemented (g)(5); and enforced by the U.S. Environmental and enforced by the U.S. Environmental f. Adding paragraph (g)(6). Protection Agency (EPA), or a delegated Protection Agency (EPA), or a delegated The revisions and additions read as authority such as the applicable State, authority such as the applicable State, follows: local, or tribal agency. If the EPA local, or tribal agency. If the EPA Administrator has delegated authority to Administrator has delegated authority to § 63.1100 Applicability. a State, local, or tribal agency, then that a State, local, or tribal agency, then that (a) General. This subpart applies to agency has the authority to implement agency has the authority to implement source categories and affected sources and enforce this subpart. Contact the and enforce this subpart. Contact the specified in § 63.1103(a) through (h). applicable EPA Regional Office to find applicable EPA Regional Office to find ***

TABLE 1 TO § 63.1100(A)—SOURCE CATEGORY MACT a APPLICABILITY

Source cat- Source category Storage Process Transfer Equipment Wastewater Other egory MACT vessels vents racks leaks streams requirements

******* Carbon Black Production ...... No ...... Yes ...... No ...... No ...... No ...... No ...... § 63.1103(f). Cyanide Chemicals Manufacturing ..... Yes ...... Yes ...... Yes ...... Yes ...... Yes ...... No ...... § 63.1103(g). Ethylene Production ...... Yes ...... Yes ...... Yes ...... Yes ...... Yes ...... Yes c ...... § 63.1103(e).

******* Spandex Production ...... Yes ...... Yes ...... No ...... No ...... No ...... Yes d ...... § 63.1103(h).

******* a Maximum achievable control technology. c Heat exchange systems as defined in § 63.1103(e)(2). d Fiber spinning lines.

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*******

(g) Overlap with other regulations. requirements of this subpart if it and ‘‘Total organic compounds or Paragraphs (g)(1) through (6) of this complies with either set of TOC.’’ section specify the applicability of this requirements. The owner or operator The revisions and additions read as subpart YY emission point requirements must specify the rule with which they follows: when other rules may apply. * * * will comply in the Notification of (1) Overlap of subpart YY with other Compliance Status report required by § 63.1101 Definitions. regulations for storage vessels. (i) After § 63.1110(a)(4). * * * The definitions in this section the compliance dates specified in (5) Overlap of subpart YY with other do not apply to waste requirements for § 63.1102, a storage vessel that must be regulations for wastewater for source ethylene production sources. controlled according to the categories other than ethylene * * * * * requirements of this subpart and subpart production. Process vent * * * This definition G of this part is required to comply only * * * * * does not apply to ethylene production with the storage vessel requirements of (6) Overlap of subpart YY with other sources. Ethylene process vents are this subpart. regulations for waste for the ethylene defined in § 63.1103(e)(2). (ii) After the compliance dates production source category. (i) After the * * * * * specified in § 63.1102, a storage vessel compliance date specified in § 63.1102, that must be controlled according to the Shutdown means the cessation of a waste stream that is conveyed, stored, operation of an affected source or requirements of this subpart and subpart or treated in a wastewater stream Ka or Kb of 40 CFR part 60 is required equipment that is used to comply with management unit, waste management this subpart, or the emptying and to comply only with the storage vessel unit, or wastewater treatment system requirements of this subpart. degassing of a storage vessel. For the that receives streams subject to both the purposes of this subpart, shutdown (2) Overlap of subpart YY with other control requirements of § 63.1103(e)(3) regulations for process vents. (i) After includes, but is not limited to, periodic for ethylene production sources and the maintenance, replacement of the compliance dates specified in provisions of §§ 63.133 through 63.147 § 63.1102, a process vent that must be equipment, or repair. Shutdown does shall comply as specified in paragraphs not include the routine rinsing or controlled according to the (g)(6)(i)(A) through (C) of this section. requirements of this subpart and subpart washing of equipment in batch Compliance with the provisions of this operation between batches. Shutdown G of this part is in compliance with this paragraph (g)(6)(i) shall constitute subpart if it complies with either set of includes the decoking of ethylene compliance with the requirements of production unit furnaces. requirements. The owner or operator this subpart for that waste stream. * * * * * must specify the rule with which they (A) Comply with the provisions in will comply in the Notification of §§ 63.133 through 63.137 and 63.140 for Storage vessel or tank, for the Compliance Status report required by all equipment used in the storage and purposes of regulation under the storage § 63.1110(a)(4). conveyance of the waste stream. vessel provisions of this subpart, means (ii) After the compliance dates (B) Comply with the provisions in a stationary unit that is constructed specified in § 63.1102, a process vent §§ 63.1103(e), 63.138, and 63.139 for the primarily of nonearthen materials (such that must be controlled according to the treatment and control of the waste as wood, concrete, steel, fiberglass, or requirements of this subpart and subpart stream. plastic) that provides structural support III, RRR or NNN of 40 CFR part 60 is and is designed to hold an accumulation (C) Comply with the provisions in required to comply only with the of liquids or other materials. Storage §§ 63.143 through 63.148 for monitoring process vent requirements of this vessel includes surge control vessels and inspections of equipment and for subpart. and bottoms receiver vessels. For the recordkeeping and reporting (3) Overlap of subpart YY with other purposes of regulation under the storage requirements. The owner or operator is regulations for transfer racks. After the vessel provisions of this subpart, storage not required to comply with the compliance dates specified in § 63.1102, vessel does not include vessels monitoring, recordkeeping, and a transfer rack that must be controlled permanently attached to motor vehicles reporting requirements associated with according to the requirements this such as trucks, railcars, barges, or ships; the treatment and control requirements subpart and subpart G of this part is pressure vessels designed to operate in in §§ 61.355 through 61.357. required to comply only with the excess of 204.9 kilopascals and without (ii) After the compliance date transfer rack requirements of this emissions to the atmosphere; or specified in § 63.1102, compliance with subpart. wastewater storage vessels. Wastewater § 63.1103(e) shall constitute compliance (4) Overlap of subpart YY with other storage vessels are covered under the with the Benzene Waste Operations regulations for equipment leaks. (i) wastewater provisions of § 63.1106. NESHAP (subpart FF of 40 CFR part 61) After the compliance dates specified in * * * * * § 63.1102, equipment that must be for waste streams that are subject to both Total organic compounds or (TOC) controlled according to this subpart and the control requirements of means the total gaseous organic 40 CFR part 60, subpart VV, or 40 CFR § 63.1103(e)(3) for ethylene production compounds (minus methane and part 61, subpart J or subpart V, is sources and the control requirements of ethane) in a vent stream, with the required only to comply with the 40 CFR part 61, subpart FF. concentrations expressed on a carbon equipment leak requirements of this 12. Section 63.1101 is amended by: basis. subpart. a. Adding a sentence at the end of the (ii) After the compliance dates introductory text; * * * * * specified in § 63.1102, equipment that b. Adding a sentence at the end of the 13. Section 63.1102 is amended by must be controlled according to this definition of ‘‘process vent’; and revising paragraph (a) adding and subpart and subpart H of this part is in c. Revising the definitions of reserving paragraph (b), and adding a compliance with the equipment leak ‘‘Shutdown,’’ ‘‘Storage vessel or tank,’’ Table 1 to § 63.1102 to read as follows:

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§ 63.1102 Compliance schedule. operator of a new or reconstructed (A) The promulgated standards are (a) General requirements. Affected affected source that commences more stringent than the proposed sources, as defined in § 63.1103(a)(1)(i) construction or reconstruction after the standards. for acetyl resins production, proposal date, and that has an initial (B) The owner or operator complies § 63.1103(b)(1)(i) for acrylic and startup before the effective date of with this subpart as proposed during the modacrylic fiber production, standards for an affected source, shall 3-year period immediately after the § 63.1103(c)(1)(i) for hydrogen fluoride comply with this subpart no later than effective date of standards for the production, § 63.1103(d)(1)(i) for the applicable effective date in Table 1 affected source. polycarbonate production, to § 63.1102 of this section. (2) Compliance dates for existing § 63.1103(e)(1)(i) for ethylene (ii) The owner or operator of a new or sources. (i) The owner or operator of an production, § 63.1103(f)(1)(i) for carbon reconstructed affected source that has existing affected source shall comply black production, § 63.1103(g)(1)(i) for an initial startup after the applicable with the requirements of this subpart cyanide chemicals manufacturing, or effective date in Table 1 to § 63.1102 of within 3 years after the effective date of § 63.1103(h)(1)(i) for spandex this section shall comply with this standards for the affected source. production shall comply with the subpart upon startup of the source. (ii) The owner or operator of an area appropriate provisions of this subpart (iii) The owner or operator of an source that increases its emissions of (or and the subparts referenced by this affected source that commences its potential to emit) HAP such that the subpart according to the schedule in construction or reconstruction after the source becomes a major source shall be paragraph (a)(1) or (2) of this section, as proposal date, but before the effective subject to the relevant standards for appropriate. Proposal and effective date in Table 1 to this section, shall existing sources under this subpart. dates are specified in Table 1 to this comply with this subpart no later than Such sources shall comply with the section. the date 3 years after the effective date relevant standards within 3 years of (1) Compliance dates for new and if the conditions in paragraphs (a)(1)(iii) becoming a major source. reconstructed sources. (i) The owner or (A) and (B) of this section are met. (b) [Reserved].

TABLE 1 TO § 63.1102.—SOURCE CATEGORY PROPOSAL AND EFFECTIVE DATES

Source category Proposal date Effective date

(a) Acetal Resins Production ...... October 14, 1998 ...... June 29, 1999. (b) Acrylic and Modacrylic Fibers Production ...... October 14, 1998 ...... June 29, 1999. (c) Hydrogen Fluoride Production ...... October 14, 1998 ...... June 29, 1999. (d) Polycarbonate Production ...... October 14, 1998 ...... June 29, 1999. (e) Ethylene Production ...... December 6, 2000 ...... July 12, 2002. (f) Carbon Black Production ...... December 6, 2000 ...... July 12, 2002. (g) Cyanide Chemicals Manufacturing ...... December 6, 2000 ...... July 12, 2002. (h) Spandex Production ...... December 6, 2000 ...... July 12, 2002.

14. Section 63.1103 is amended by (D) Equipment (as defined in (G) Vessels storing organic liquids adding paragraphs (e) through (h) to § 63.1101) that contains or contacts that contain organic HAP as impurities. read as follows: organic HAP. (H) Transfer racks, loading arms, or (E) All waste streams (as defined in loading hoses that only transfer liquids § 63.1103 Source category-specific paragraph (e)(2) of this section) containing organic HAP as impurities. applicability, definitions, and requirements. associated with an ethylene production (I) Transfer racks, loading arms, or * * * * * unit. loading hoses that vapor balance during (e) Ethylene production applicability, (F) All heat exchange systems (as all transfer operations. definitions, and requirements—(1) defined in paragraph (e)(2) of this (J) Air emissions from all ethylene Applicability—(i) Affected source. For section) associated with an ethylene cracking furnaces, including furnace the ethylene production (as defined in production unit. stack emissions during decoking (G) All ethylene cracking furnaces and paragraph (e)(2) of this section) source operations. associated decoking operations. (K) Pressure vessels designed to category, the affected source shall (ii) Exceptions. The emission points operate in excess of 204.9 kilopascals comprise all emission points listed in listed in paragraphs (e)(1)(ii) (A) and without emissions to the paragraphs (e)(1)(i) (A) through (G) of through (L) of this section are in the atmosphere. this section that are associated with an ethylene production source category but (L) Vessels permanently attached to ethylene production unit that is located are not subject to the requirements of motor vehicles such as trucks, railcars, at a major source, as defined in section paragraph (e)(3) of this section. 112(a) of the Act. (A) Equipment that is located within barges, or ships. (A) All storage vessels (as defined in an ethylene production unit that is (iii) Exclusions. The provisions of this § 63.1101) that store liquids containing subject to this subpart but does not subpart do not apply to process units organic HAP. contain organic HAP. and emission points subject to subparts (B) Stormwater from segregated F, G, H, I and CC of this part. (B) All ethylene process vents (as (iv) Compliance schedule. The defined in paragraph (e)(2) of this sewers. (C) Water from fire-fighting and compliance schedule for the ethylene section) from continuous unit production source category is specified operations. deluge systems in segregated sewers. (D) Spills. in § 63.1102. (C) All transfer racks (as defined in (E) Water from safety showers. (2) Definitions. Ethylene process vent paragraph (e)(2) of this section) that load (F) Water from testing of fire-fighting means a gas stream with a flow rate HAP-containing material. and deluge systems. greater than 0.005 standard cubic meters

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per minute containing greater than 20 stream and aromatics from pyrolysis concentration, water content) are parts per million by volume HAP that is gasoline. determined at the point of waste continuously discharged during Heat exchange system means any generation. Examples of a waste stream operation of an ethylene production cooling tower system or once-through include process wastewater, product unit, as defined in this section. Ethylene cooling water system (e.g., river or pond tank drawdown, sludge and slop oil process vents are gas streams that are water). A heat exchange system can removed from waste management units, discharged to the atmosphere (or the include an entire recirculating or once- and landfill leachate. point of entry into a control device, if through cooling system. (3) Requirements. The owner or any) either directly or after passing Transfer rack means the collection of operator must control organic HAP through one or more recovery devices. loading arms and loading hoses at a emissions from each affected source Ethylene process vents do not include single loading rack that is used to fill emission point by meeting the relief valve discharges; gaseous streams tank trucks and/or railcars with organic applicable requirements specified in routed to a fuel gas system; leaks from HAP. Transfer rack includes the Table 7 to this section. An owner or equipment regulated under this subpart; associated pumps, meters, shutoff operator must perform the applicability episodic or nonroutine releases such as valves, relief valves, and other piping assessment procedures and methods for those associated with startup, and valves. Transfer rack does not process vents specified in § 63.1104, shutdown, and malfunction; and in situ include racks, arms, or hoses that except for paragraphs (d), (g), (h), (i), (j), sampling systems (online analyzers). contain organic HAP only as impurities; (l)(1), and (n). An owner or operator Ethylene production or production or racks, arms, or hoses that vapor must perform the applicability unit means a chemical manufacturing balance during all loading operations. assessment procedures and methods for process unit in which ethylene and/or Waste means any material resulting equipment leaks specified in § 63.1107. propylene are produced by separation from industrial, commercial, mining, or General compliance, recordkeeping, and from petroleum refining process streams agricultural operations, or from reporting requirements are specified in or by subjecting hydrocarbons to high community activities, that is discarded §§ 63.1108 through 63.1112. temperatures in the presence of steam. or is being accumulated, stored, or Minimization of emissions from startup, The ethylene production unit includes physically, chemically, thermally, or shutdown, and malfunctions must be the separation of ethylene and/or biologically treated prior to being addressed in the startup, shutdown, and propylene from associated streams such discarded, recycled, or discharged. malfunction plan required by § 63.1111; as a C4 product, pyrolysis gasoline, and Waste stream means the waste the plan must also establish reporting pyrolysis fuel oil. Ethylene production generated by a particular process unit, and recordkeeping of such events. does not include the manufacture of product tank, or waste management Procedures for approval of alternate SOCMI chemicals such as the unit. The characteristics of the waste means of emission limitations are production of butadiene from the C4 stream (e.g., flow rate, HAP specified in § 63.1113.

TABLE 7 TO § 63.1103(E).—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ETHYLENE PRODUCTION EXISTING OR NEW AFFECTED SOURCE?

If you own or operate . . . And if . . . Then you must . . .

(a) A storage vessel (as defined in § 63.1101) (1) The maximum true vapor pressure of total (i) Fill the vessel through a submerged pipe; that stores liquid containing organic HAP. organic HAP is ≥3.4 kilopascals but <76.6 or kilopascals; and the capacity of the vessel (ii) Comply with the requirements for storage is ≥4 cubic meters but ≤95 cubic meters. vessels with capacities ≥95 cubic meters. (b) A storage vessel (as defined in § 63.1101) (1) The maximum true vapor pressure of total (i) Comply with the requirements of subpart that stores liquid containing organic HAP. organic HAP is ≥3.4 kilopascals but ≥76.6 WW of this part; or kilopascals; and the capacity of the vessel (ii) Reduce emissions of total organic HAP by is ≥95 cubic meters. 98 weight-percent by venting emissions through a closed vent system to any com- bination of control devices and meet the re- quirements of § 63.982(a)(1). (c) A storage vessel (as defined in § 63.1101) (1) The maximum true vapor pressure of total (i) Reduce emissions of total organic HAP by that stores liquid containing organic HAP. organic HAP is ≥76.6 kilopascals. 98 weight-percent by venting emissions through a closed vent system to any com- bination of control devices and meet the re- quirements of § 63.982(a)(1). (d) An ethylene process vent (as defined in (1) The process vent is at an existing source (i) Reduce emissions of organic HAP by 98 paragraph (e)(2) of this section). and the vent stream has a flow rate ≥0.011 weight-percent; or reduce organic HAP or scmm and a total organic HAP concentra- TOC to a concentration of 20 parts per mil- tion ≥50 parts per million by volume; or the lion by volume; whichever is less stringent, process vent is at a new source and the by venting emissions through a closed vent vent stream has a flow rate ≥0.008 scmm system to any combination of control de- and a total organic HAP concentration ≥30 vices and meet the requirements specified parts per million by volume. in § 63.982(b) and (c)(2). (e) A transfer rack (as defined in paragraph (1) Materials loaded have a true vapor pres- (i) Reduce emissions of organic HAP by 98 (e)(2) of this section). sure of total organic HAP ≥3.4 kilopascals weight-percent; or reduce organic HAP or and ≥76 cubic meters per day (averaged TOC to a concentration of 20 parts per mil- over any consecutive 30-day period) of lion by volume; whichever is less stringent, HAP-containing material is loaded. by venting emissions through a closed vent system to any combination of control de- vices as specified in § 63.1105; or

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TABLE 7 TO § 63.1103(E).—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ETHYLENE PRODUCTION EXISTING OR NEW AFFECTED SOURCE?—Continued

If you own or operate . . . And if . . . Then you must . . .

(ii) Install process piping designed to collect the HAP-containing vapors displaced from tank trucks or railcars during loading and to route it to a process, a fuel gas system, or a vapor balance system, as specified in § 63.1105. (f) Equipment (as defined in § 63.1101) that (1) The equipment contains or contacts ≥5 Comply with the requirements of subpart UU contains or contacts organic HAP. weight-percent organic HAP; and the equip- of this part. ment is not in vacuum service. (g) Processes that generate waste (as defined (1) The wastewater contains any of the fol- (i) Comply with the waste requirements of in paragraph (e)(2) of this section). lowing HAP: benzene, cumene, ethyl ben- subpart XX of this part. For ethylene manu- zene, hexane, naphthalene, styrene, tol- facturing process unit waste stream require- uene, o-xylene, m-xylene, p-xylene, or 1,3- ments, terms have the meanings specified butadiene. in subpart XX. (h) A heat exchange system (as defined in ...... Comply with the heat exchange system re- paragraph (e)(2) of this section). quirements of subpart XX of this part.

(f) Carbon black production Carbon black production unit means (3) Requirements. (i) Table 8 to this applicability, definitions, and the equipment assembled and section specifies the carbon black requirements—(1) Applicability—(i) connected by hard-piping or duct work production standards applicability for Affected source. For the carbon black to process raw materials to manufacture, existing and new sources. Applicability production source category (as defined store, and transport a carbon black assessment procedures and methods are in paragraph (f)(2) of this section), the product. For the purposes of this specified in § 63.1104. An owner or affected source shall comprise each subpart, a carbon black production operator of an affected source is not carbon black production process unit process unit includes reactors and required to perform applicability tests or located at a major source, as defined in associated operations; associated other applicability assessment recovery devices; and any feed, section 112(a) of the Act. The affected procedures if they opt to comply with intermediate and product storage source for the carbon black production the most stringent requirements for an vessels, product transfer racks, and source category includes all waste connected ducts and piping. A carbon applicable emission point pursuant to management units, maintenance black production process unit includes this subpart. General compliance, wastewater, and equipment components pumps, compressors, agitators, pressure recordkeeping, and reporting that contain or contact HAP that are relief devices, sampling connection requirements are specified in §§ 63.1108 associated with the carbon black systems, open-ended valves or lines, through 63.1112. Procedures for production process unit. valves, connectors, instrumentation approval of alternative means of (ii) Compliance schedule. The systems, and control devices or systems. emission limitations are specified in compliance schedule for the carbon Dryer means a rotary-kiln dryer that is § 63.1113. black production and acetylene heated externally and is used to dry wet (ii) Pressure relief devices used to decomposition carbon black production pellets in the wet pelletization process. protect against overpressure in the case Main unit filter means the filter that affected sources, as defined in of catastrophic failure of your process separates the carbon black from the paragraph (f)(1)(i) of this section, is filter system are exempt from the closed specified in § 63.1102. tailgas. Process filter means the filter that vent system inspection requirements of (2) Definitions. Carbon black separates the carbon black from the § 63.983(b) and (c). Exempt pressure production means the production of conveying air. relief devices must be designated and carbon black by either the furnace, Purge filter means the filter that identified in your Notification of thermal, acetylene decomposition, or separates the carbon black from the Compliance Status report. lampblack processes. dryer exhaust.

TABLE 8 TO § 63.1103(F).—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A CARBON BLACK PRODUCTION EXISTING OR NEW AFFECTED SOURCE?

If you own or operate . . . And if . . . Then you must . . .

(a) A carbon black production main unit filter (1) The HAP concentration of the emission (i) Reduce emissions of HAP by using a flare process vent. stream is equal to or greater than 260 parts meeting the requirements of subpart SS of per million by volumea. this part; or (ii) Reduce emissions of total HAP by 98 weight-percent or to a concentration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of § 63.982(a)(2). a The weight-percent organic HAP is determined according to the procedures specified in § 63.1104(e).

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(g) Cyanide chemicals manufacturing unit, a BMA process unit, a sodium hydrogen cyanide is reacted with applicability, definitions, and cyanide process unit, or a Sohio sodium hydroxide and ends at the point requirements—(1) Applicability—(i) hydrogen cyanide process unit. For the the solid sodium cyanide product is Affected source. For the cyanide purpose of this subpart, a cyanide shipped offsite or used as a raw material chemicals manufacturing source chemicals manufacturing process unit in a downstream process. If raw category, the affected source shall includes reactors and associated unit hydrogen cyanide is reacted with include each cyanide chemicals operations; associated recovery devices; sodium hydroxide to form sodium manufacturing process unit located at a and any feed, intermediate and product cyanide prior to the hydrogen cyanide major source, as defined in section storage vessels, product transfer racks, refining process, the unit operation 112(a) of the Act. The affected source and connected ducts and piping. A where sodium cyanide is formed is not shall also include all waste management cyanide chemicals manufacturing considered to be part of the sodium units, maintenance wastewater, and process unit includes pumps, cyanide process unit. For this type of equipment (as defined in § 63.1101) that compressors, agitators, pressure relief process, the sodium cyanide process contain or contact cyanide chemicals devices, sampling connection systems, unit begins at the point that the aqueous that are associated with the cyanide open-ended valves or lines, valves, sodium cyanide stream leaves the unit chemicals manufacturing process unit. connectors, instrumentation systems, operation where the sodium cyanide is (ii) Compliance schedule. The and control devices or systems. formed. In situations where potassium compliance schedule for the affected Cyanide chemicals product means hydroxide is substituted for sodium source, as defined in paragraph (f)(1)(i) either hydrogen cyanide, potassium hydroxide to produce potassium of this section, is specified in § 63.1102. cyanide, or sodium cyanide which is cyanide, the process unit is still (2) Definitions. Andrussow process manufactured as the intended product considered a sodium cyanide process unit means a process unit that produces of a CCMPU or a byproduct of the Sohio unit. hydrogen cyanide by reacting methane process. Other hydrogen cyanide, Sohio hydrogen cyanide process unit and ammonia in the presence of oxygen potassium cyanide, or sodium cyanide means a process unit that produces over a platinum/rhodium catalyst. An byproducts, impurities, wastes, and hydrogen cyanide as a byproduct of the Andrussow process unit begins at the trace contaminants are not considered to acrylonitrile production process when point at which the raw materials are be cyanide chemicals products. acrylonitrile is manufactured using the stored and ends at the point at which Dry-end process vent means a process Sohio process. A Sohio hydrogen refined hydrogen cyanide is reacted as vent originating from the drum filter or cyanide process unit begins at the point a raw material in a downstream process, any other unit operation in the dry end the hydrogen cyanide leaves the unit burned on-site as fuel in a boiler or of a sodium cyanide manufacturing operation where the hydrogen cyanide industrial furnace, or is shipped offsite. process unit. For the purposes of this is separated from the acrylonitrile If raw hydrogen cyanide from the subpart, the dry end of the sodium (usually referred to as the heads reactor is reacted with sodium cyanide process unit begins in the unit column). The Sohio hydrogen cyanide hydroxide to form sodium cyanide prior operation where water is removed from process unit ends at the point refined to the refining process, the unit the sodium cyanide, usually in the hydrogen cyanide is reacted as a raw operation where sodium cyanide is drum filter, and ends when the sodium material in a downstream process, formed is considered to be part of the cyanide is used as a raw material in a burned on-site as fuel in a boiler or Andrussow process unit. downstream process, or is shipped industrial furnace, or is shipped offsite. Blausaure Methane Anlage (BMA) offsite. If raw hydrogen cyanide is reacted with process unit means a process unit that Organic HAP means, for purposes of sodium hydroxide to form sodium produces hydrogen cyanide by reacting applicability of the requirements of this cyanide prior to the refining process, the methane and ammonia over a platinum subpart, all hydrogen cyanide unit operation where sodium cyanide is catalyst. A BMA process unit begins at compounds. formed is considered to be part of the the point at which raw materials are Raw hydrogen cyanide means Sohio hydrogen cyanide process unit. stored and ends at the point at which hydrogen cyanide that has not been Wet-end process vent means a process refined hydrogen cyanide is reacted as through the refining process. Raw vent originating from the reactor, a raw material in a downstream process, hydrogen cyanide usually has a crystallizer, or any other unit operation burned on-site as a fuel in a boiler or hydrogen cyanide concentration less in the wet end of the sodium cyanide industrial furnace, or is shipped offsite. than 10 percent. process unit. For the purposes of this If raw hydrogen cyanide from the Refined hydrogen cyanide means subpart, the wet end of the sodium reactor is reacted with sodium hydrogen cyanide that has been through cyanide process unit begins at the point hydroxide to form sodium cyanide prior the refining process. Refined hydrogen at which the raw materials are stored to the refining process, the unit cyanide usually has a hydrogen cyanide and ends just prior to the unit operation operation where sodium cyanide is concentration greater than 99 percent. where water is removed from the formed is considered to be part of the Refining process means the collection sodium cyanide, usually in the drum BMA process unit. of equipment in a cyanide chemicals filter. Wastewater streams containing Byproduct means a chemical that is manufacturing processing unit used to discarded wastewater from the sodium produced coincidentally during the concentrate raw hydrogen cyanide from cyanide production process are not production of another chemical. a concentration around 10 percent or considered to be part of the wet-end Cyanide chemicals manufacturing less to refined hydrogen cyanide at a sodium cyanide process. Discarded process unit or CCMPU means the concentration greater than 99 percent. wastewater that is no longer used in the equipment assembled and connected by Sodium cyanide process unit means a production process is considered to be hard-piping or duct work to process raw process unit that produces sodium process and/or maintenance wastewater. materials to manufacture, store, and cyanide by reacting hydrogen cyanide Vents from process and maintenance transport a cyanide chemicals product. and sodium hydroxide via the wastewater operations are not wet-end A cyanide chemicals manufacturing neutralization, or wet, process. A process vents. process unit shall be limited to any one sodium cyanide process unit begins at (3) Requirements. Table 9 to this of the following: an Andrussow process the unit operation where refined section specifies the cyanide chemicals

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manufacturing standards applicable to applicable emission point pursuant to (4) Determination of overall HAP existing and new sources. Applicability this subpart. General compliance, emission reduction for a process unit. (i) assessment procedures and methods are recordkeeping, and reporting The owner or operator shall determine specified in § 63.1104. An owner or requirements are specified in §§ 63.1108 the overall HAP emission reduction for operator of an affected source is not through 63.1112. Procedures for process vents in a process unit using required to perform applicability tests or approval of alternative means of Equation 1 of this section. The overall other applicability assessment emission limitations are specified in organic HAP emission reduction shall procedures if they opt to comply with § 63.1113. be determined for all process vents in the most stringent requirements for an the process unit.

 n  R    ∑()E i  unc, i 100 RED=  i=1  ∗ 100 [Equation 1] CCMPU  n m  +  ∑()EEunc,, i∑() unc j   i=1 j=1 

Where: and supporting information that the control device being used

REDCCMPU=Overall HAP emission demonstrating a greater control achieves the required control efficiency reduction for the group of process efficiency. during the reasonably expected vents in the CCMPU, percent. (B) If the process vent is controlled maximum flow rate and emission rate during startup, shutdown, and Eunc,i=Uncontrolled HAP emissions using a combustion, recovery, or from process vent i that is recapture device for which a malfunction. controlled by using a combustion, performance test has been conducted in (iii) If a facility controls process vent recovery, or recapture device, kg/yr. accordance with the provisions of emissions during startup, shutdown, n=Number of process vents in the § 63.997, the control efficiency shall be and malfunction by using a flare, an process unit that are controlled by the efficiency determined by the owner or operator is not required to using a combustion, recovery, or performance test. perform flow rate and heat content recapture device. (5) Source category specific testing as specified in § 63.987(b)(3)(ii) modifications to testing procedures. (i) Ri=Control efficiency of the combustion, and (iii). In lieu of performing flow rate recovery, or recapture device used When identifying equipment subject to and heat content testing, an owner or to control HAP emissions from vent any equipment leak requirements, an operator is required to submit i, determined in accordance with owner or operator is allowed to engineering calculations that paragraph (g)(4)(ii) of this section. designate specific components of such substantiate that a flare meets the equipment as never being safe to applicable heat content or flow rates, or Eunc,j=Uncontrolled HAP emissions from process vent j that is not monitor with their Notification of provide data from a compliance controlled by using a combustion, Compliance Status report and periodic assessment that the flare is in recovery, or recapture device, kg/yr. compliance reports. In order for an compliance under worst case conditions m=Number of process vents in the owner or operator to designate such (e.g., maximum operating conditions). process unit that are not controlled equipment as never being safe to (iv) If flare velocity and net heating by using a combustion, recovery, or monitor, they must certify that value testing, as specified in recapture device. monitoring such equipment at any time § 63.11(b)(6)(ii) and (b)(7)(i), would the CCMPU is operating is never safe create an unreasonable hazard for (ii) The control efficiency shall be (e.g., monitoring this equipment would testing personnel, an owner or operator assigned as specified in paragraph present an unreasonable hazard or is allowed to submit engineering (g)(4)(ii) (A) or (B) of this section. preclude testing personnel from meeting calculations that substantiate vent (A) If the process vent is controlled emergency evacuation requirements). If stream velocity and heat content of a using a flare in accordance with the it is demonstrated to the Administrator’s flare in lieu of test data. These provisions of § 63.987, or a combustion satisfaction that equipment designated calculations are required to be device in accordance with the by the owner or operator as never safe submitted with the facilities’ provisions of § 63.988(b)(2), for which a to monitor is appropriately designated, compliance test notification report for performance test has not been an owner or operator will not be approval by the Administrator. conducted, the control efficiency shall required to monitor such equipment. (v) The data from any performance be assumed to be 98 weight-percent. For (ii) For process vent hydrogen cyanide hydrogen-fueled flares, an owner or test method used to measure HCN emissions that are vented to a control concentrations must be validated using operator may use a control efficiency device other than a flare during startup, greater than 98 weight-percent if they EPA Method 301 (40 CFR part 63, shutdown, and malfunction, the design appendix A). can provide engineering calculations evaluation must include documentation

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TABLE 9 TO § 63.1103(G).—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A CYANIDE CHEMICALS MANUFACTURING EXISTING OR NEW AFFECTED SOURCE?

If you own or operate . . . And if . . . Then you must . . .

(a) A storage vessel ...... (1) The storage vessel contains refined hydro- (i) Reduce emissions of hydrogen cyanide by gen cyanide. using a flare meeting the requirements of § 63.982(b); or (ii) Reduce emissions of hydrogen cyanide by 98 weight-percent, or to a concentration of 20 parts per million by volume, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of § 63.982(c)(1) or (d). (b) A process vent from a continuous unit oper- ...... (i) Reduce overall annual emissions of total ations in an Andrussow, BMA, or Sohio hy- HAP from the collection of process vents drogen cyanide process unit. from continuous unit operations in the proc- ess by 98 weight-percent in accordance with paragraph (g)(4) of this section. Any control device used to reduce emissions from one or more process vents from con- tinuous unit operations in the process unit must meet the applicable requirements specified in § 63.982(a)(2); or (ii) Reduce emissions of total HAP from each process vent from a continuous unit oper- ation in the process unit by using a flare meeting the requirements specified in § 63.982(b); or (iii) Reduce emissions of total HAP from each process vent from a continuous unit oper- ation in the process unit by 98 weight-per- cent or to a concentration of 20 parts per million by volume, by venting emissions through a closed vent system to any com- bination of control devices meeting the re- quirements of § 63.982(c)(2) or (d). (c) One or more wet end process vents, as de- ...... (i) Reduce overall annual emissions of total fined in paragraph (g)(2) of this section, in a HAP from the collection of process vents sodium cyanide process unit. from continuous unit operations in the proc- ess unit by 98 weight-percent in accord- ance with paragraph (g)(4) of this section. Any control device used to reduce emis- sions from one or more process vents from continuous unit operations in the process unit must meet the applicable requirements of § 63.982(a)(2); or (ii) Reduce emissions of total HAP from each wet-end process vent in the process unit by using a flare meeting the requirements of § 63.982(b); or (iii) Reduce emissions of total HAP from each wet-end process vent by 98 weight-percent, or to a concentration of 20 parts per million by volume, by venting emissions through a closed vent system and any combination of control devices meeting the requirements of § 63.982(c)(2) or (d). (d) One or more dry end process vents, as de- ...... (i) Reduce overall annual emissions of sodium fined in paragraph (g)(2) of this section, in a cyanide from the collection of process vents sodium cyanide process unit. from continuous unit operations in the proc- ess unit by 98 weight-percent in accord- ance with paragraph (g)(4) of this section. Any control device used to reduce emis- sions from one or more process vents from continuous unit operations in the process unit must meet the applicable requirements of § 63.982(a)(2); or (ii) Reduce emissions of sodium cyanide from each dry-end process vent in the process unit by 98 weight-percent by venting emis- sions through a closed vent system to any combination of control devices meeting the requirements of § 63.982(c)(2) or (d).

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TABLE 9 TO § 63.1103(G).—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A CYANIDE CHEMICALS MANUFACTURING EXISTING OR NEW AFFECTED SOURCE?—Continued

If you own or operate . . . And if . . . Then you must . . .

(e) A transfer rack ...... (1) The transfer rack is used to load refined (i) Reduce emissions of hydrogen cyanide by hydrogen cyanide into tank trucks and/or using a flare meeting the requirements of rail cars. § 63.982(b); or (ii) Reduce emissions of hydrogen cyanide by 98 weight-percent, or to a concentration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements specified in § 63.982(c)(1), (c)(2), or (d). (f) A new cyanide chemicals manufacturing (1) The process wastewater is from HCN puri- (i) Achieve a combined removal and control of process unit that generates process waste- fication, ammonia purification, or flare blow- HAP from wastewater of 93 weight-percent. water. down. (g) A cyanide chemicals manufacturing process (1) The maintenance wastewater contains hy- (i) Comply with the requirements of unit that generates maintenance wastewater. drogen cyanide or acetonitrile. § 63.1106(b). (h) An item of equipment listed in (1) The item of equipment meets the criteria (i) Comply with the requirements in Table 35 § 63.1106(c)(1) that transports or contains specified in § 63.1106(c)(1) through (3) and of subpart G of this part. wastewater liquid streams from a cyanide either (c)(4)(i) or (ii). chemicals manufacturing process unit. (i) Equipment, as defined under § 63.1101 ...... (1) The equipment contains or contacts hydro- (i) Comply with either subpart TT or UU of gen cyanide and operates equal to or great- this part, and paragraph (g)(5) of this sec- er then 300 hours per year. tion, with the exception that open-ended lines that contain or contact hydrogen cya- nide are exempt from any requirements to install a cap, plug, blind flange, or second valve to be capped.

(h) Spandex production applicability, is subject to this subpart but does not Spandex production process unit definitions, and requirements—(1) contain organic HAP. means a process unit that is specifically Applicability—(i) Affected source. For (B) Vessels storing organic liquids that used for the production of synthetic the spandex production (as defined in contain organic HAP as impurities. spandex fibers. paragraph (h)(2) of this section) source (iii) Compliance schedule. The (3) Requirements. Table 10 to this category, the affected source shall compliance schedule for affected section specifies the spandex comprise all emission points listed in sources, as defined in paragraph (h)(1)(i) paragraphs (h)(1)(i)(A) through (C) of production source category of this section, is specified in paragraph requirements for new and existing this section that are associated with a (b) of § 63.1102. reaction spinning spandex production sources. An owner or operator must (2) Definitions. Fiber spinning line process unit located at a major source, perform the applicability assessment means the group of equipment and as defined in section 112(a) of the Act. procedures and methods for process (A) All process vents (as defined in process vents associated with spandex vents specified in § 63.1104, excluding § 63.1101). fiber spinning operations. The fiber paragraphs (b)(1), (d), (g), (h), (i), (j), (B) All storage vessels (as defined in spinning line includes the blending and (l)(1), and (n). General compliance, dissolving tanks, spinning solution § 63.1101) that store liquids containing recordkeeping, and reporting filters, spinning units, spin bath tanks, organic HAP. requirements are specified in §§ 63.1108 and the equipment used downstream of (C) All spandex fiber spinning lines through 63.1112. Minimization of using a spinning solution having the spin bath to wash, draw, or dry on the wet belt the spun fiber. emissions from startup, shutdown, and organic HAP. malfunctions must be addressed in the Spandex or spandex fiber means a (ii) Exceptions. The emission points startup, shutdown, and malfunction manufactured synthetic fiber in which listed in paragraphs (h)(1)(ii)(A) and (B) plan required by § 63.1111; the plan of this section are in the spandex the fiber-forming substance is a long- chain polymer comprised of at least 85 must also establish reporting and production source category but are not recordkeeping of such events. subject to the requirements of paragraph percent by mass of a segmented Procedures for approval of alternate (h)(3) of this section. polyurethane. means of emission limitations are (A) Equipment that is located within Spandex production means the a spandex production process unit that production of synthetic spandex fibers. specified in § 63.1113.

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TABLE 10 TO § 63.1103(H)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A SPANDEX PRODUCTION PROCESS UNIT AT A NEW OR EXISTING SOURCE?

If you own or operate . . . And if . . . Then you must . . .

(a) A storage vessel (as defined in § 63.1101) (1) The maximum true vapor pressure of the (i) Comply with the requirements of subpart that stores liquid containing organic HAP. organic HAP is ≥ 3.4 kilopascals; and the WW of this part; or capacity of the vessel is ≥ 47 cubic meters. (ii) Reduce emissions of organic HAP by 95 weight-percent by venting emissions in through a closed vent system to any com- bination of control devices meeting the re- quirements of subpart SS of this part, as specified in § 63.982(a)(1). (b) A process vent ...... Reduce emissions of organic HAP by 95 weight-percent, or reduce organic HAP or TOC to a concentration of 20 parts per mil- lion by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control de- vices meeting the requirements of § 63.982(a)(2). (c) A fiber spinning line ...... Operate the fiber spinning line such that emis- sions are captured and vented through a line closed vent system to a control device that complies with the requirements of § 63.982(a)(2). If a control device other than a flare is used, HAP emissions must be re- duced by 95 weight-percent, or total organic HAP or TOC must be reduced to a con- centration of 20 parts per million by volume, whichever is less stringent.

15. Section 63.1104 is amended by: (1) Use Method 2, 2A, 2C, 2D, 2F, or displaced from tank trucks or railcars a. Revising the last sentence of 2G of 40 CFR part 60, appendix A, as during loading and to route the paragraph (a); appropriate. * * * collected vapors to a flare. The owner or b. Revising the first sentence of * * * * * operator must meet the requirements of paragraph (e) introductory text; (k) * * * If a process vent flow rate § 63.982(a)(3). or process vent organic HAP or TOC (2) A closed vent system designed to c. Revising the first sentence of collect HAP-containing vapors paragraph (f)(1); concentration is being determined for comparison with the applicable flow displaced from tank trucks or railcars d. Revising the last sentence of rate or concentration value presented in during loading and to route the paragraph (k) introductory text; and the tables in § 63.1103 to determine collected vapors to a control device e. Revising the first sentence of control requirement applicability, other than a flare. The owner or operator paragraph (m)(2)(i) introductory text. engineering assessment may be used to must meet the requirements of The revisions are to read as follows: determine the flow rate or concentration § 63.982(a)(3). for the representative operating (3) Process piping designed to collect § 63.1104 Process vents from continuous the HAP vapors displaced from tank unit operations: applicability assessment conditions expected to yield the highest flow rate or concentration. trucks or railcars during loading and to procedures and methods. route the collected vapors to a process * * * * * (a) * * * The owner or operator of a where the HAP vapors shall (m) * * * process vent is not required to predominantly meet one of, or a (2) Process change. (i) Whenever a determine the criteria specified for a combination of, the ends specified in process vent becomes subject to control process vent that is being controlled paragraphs (a)(3)(i) through (iv) of this requirements under this subpart as a (including control by flare) in section or to a fuel gas system. The result of a process change, the owner or accordance with the applicable weight- owner or operator must meet the operator shall submit a report within 60 percent, TOC concentration, or organic requirements of § 63.982(a)(3). days after the performance test or HAP concentration requirement in (i) Recycled and/or consumed in the applicability assessment, whichever is § 63.1103. same manner as a material that fulfills sooner. * * * * * * * * the same function in that process; * * * * * (ii) Transformed by chemical reaction (e) TOC or Organic HAP into materials that are not HAP; concentration. The TOC or organic HAP 16. Add § 63.1105 to read as follows: (iii) Incorporated into a product; and/ concentrations shall be determined § 63.1105 Transfer racks. or based on paragraph (e)(1), (e)(2), or (k) (a) Design requirements. The owner or (iv) Recovered. of this section, or any other method or operator shall equip each transfer rack (4) Process piping designed to collect data that have been validated according with one of the control options listed in the HAP vapors displaced from tank to the protocol in Method 301 of paragraphs (a)(1) through (4) of this trucks or railcars during loading and to appendix A of 40 CFR part 63. * * * section. route the collected vapors to a vapor * * * * * (1) A closed vent system designed to balance system. The vapor balance (f) * * * collect HAP-containing vapors system must be designed to route the

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collected HAP vapors to the storage procedures and equipment specified in (4) Approval of major changes to vessel from which the liquid being paragraphs (h)(1) and (2) shall be used. monitoring under § 63.8(f) and as loaded originated, or to another storage (1) The pressure test procedures defined in § 63.90. vessel connected to a common header, specified in Method 27 of appendix A (5) Approval of major changes to or to compress and route collected HAP to 40 CFR part 60. recordkeeping and reporting under vapors to a process. (2) A pressure measurement device § 63.10(f) and as defined in § 63.90. (b) Operating requirements. An owner that has a precision of ± 2.5 millimeters [FR Doc. 02–12841 Filed 7–11–02; 8:45 am] or operator of a transfer rack shall of mercury or better and that is capable BILLING CODE 6560–50–P operate it in such a manner that of measuring above the pressure at emissions are routed through the which the tank truck or railcar is to be equipment specified in paragraph (a) of tested for vapor tightness. ENVIRONMENTAL PROTECTION this section. AGENCY (c) Control device operation. (i) Recordkeeping. The owner or operator of a transfer rack shall record Whenever HAP emissions are vented to 40 CFR Part 63 a control device used to comply with that the verification of DOT tank the provisions of this subpart, such certification or Method 27 of appendix [FRL–7215–8] control device shall be operating. A to 40 CFR part 60 testing required in RIN 2060–AH68 (d) Tank trucks and railcars. The § 63.84(c) has been performed. Various owner or operator shall load HAP- methods for the record of verification National Emission Standards for containing materials only into tank can be used, such as a check-off on a log Hazardous Air Pollutants: Generic trucks and railcars that meet the sheet, a list of DOT serial numbers or Maximum Achievable Control requirement in paragraph (d)(1) or (2) of Method 27 data, or a position Technology this section and shall maintain the description for gate security showing AGENCY: Environmental Protection records specified in paragraph (i) of this that the security guard will not allow Agency (EPA). section. any trucks on-site that do not have the (1) Have a current certification in appropriate documentation. ACTION: Direct final rule; amendments. accordance with the U.S. Department of 17. Subpart YY is amended by adding SUMMARY: The EPA is taking direct final Transportation (DOT) pressure test § 63.1114 to read as follows: action to amend the ‘‘generic’’ requirements of 49 CFR part 180 for maximum achievable control tank trucks and 49 CFR 173.31 for § 63.1114 Implementation and enforcement. technology (MACT) standards to clarify railcars; or the agency’s intent concerning dry (2) Have been demonstrated to be (a) This subpart can be implemented spinning spandex production processes. vapor-tight within the preceding 12 and enforced by the U.S. Environmental The national emission standards for months as determined by the Protection Agency (EPA), or a delegated hazardous air pollutants (NESHAP) for procedures in paragraph (h) of this authority such as the applicable State, the Spandex Production source section. Vapor-tight means that the local, or tribal agency. If the EPA category, along with the NESHAP for pressure in a truck or railcar tank will Administrator has delegated authority to three other source categories, are being not drop more than 750 pascals within a State, local, or tribal agency, then that included in the Generic MACT rule in 5 minutes after it is pressurized to a agency has the authority to implement this issue of the Federal Register. minimum of 4,500 pascals. and enforce this subpart. Contact the (e) Pressure relief device. The owner DATES: The direct final rule will be applicable EPA Regional Office to find effective on September 25, 2002 without or operator of a transfer rack subject to out if this subpart is delegated to a State, the provisions of this subpart shall further notice, unless significant adverse local, or tribal agency. comments are received by August 12, ensure that no pressure relief device in (b) In delegating implementation and the loading equipment of each tank 2002, or by August 26, 2002 if a public enforcement authority of this subpart to hearing is requested. See the proposed truck or railcar shall begin to open to a State, local, or tribal agency under 40 the atmosphere during loading. Pressure rule in this issue of the Federal Register CFR part 63, subpart E, the authorities for information on the hearing. If we relief devices needed for safety purposes contained in paragraphs (b)(1) through are not subject to the requirements of receive timely adverse comments, we (5) of this section are retained by the will withdraw this direct final rule and this paragraph. EPA Administrator and are not (f) Compatible system. The owner or take final action pursuant to the transferred to the State, local, or tribal proposed rule. operator of a transfer rack subject to the agency. provisions of this subpart shall load ADDRESSES: Comments. By U.S. Postal HAP-containing materials only to tank (1) Approval of alternatives to the Service, send comments (in duplicate, if trucks or railcars equipped with a vapor nonopacity emissions standards in possible) to: Air and Radiation Docket collection system that is compatible § 63.1103(a)(3), (b)(3) through (5), (c)(3), and Information Center (6102), with the transfer rack’s closed vent (d)(3), (e)(3), (f)(3), (g)(3) and (4), and Attention Docket Number A–98–25, system or process piping. (h)(3) under § 63.6(g). Follow the U.S. EPA, 1200 Pennsylvania Avenue, (g) Loading while systems connected. requirements in § 63.1113 to request NW., Washington, DC 20460. In person The owner or operator of a transfer rack permission to use an alternative means or by courier, deliver comments (in subject to this subpart shall load HAP- of emission limitation. Where these duplicate if possible) to: Air and containing material only to tank trucks standards reference another subpart, the Radiation Docket and Information or railcars whose collection systems are cited provisions will be delegated Center (6102), Attention Docket Number connected to the transfer rack’s closed according to the delegation provisions A–98–25, U.S. EPA, 401 M Street, SW., vent system or process piping. of the referenced subpart. Washington DC 20460. The EPA (h) Vapor tightness procedures. For (2) [Reserved] requests that a separate copy of each the purposes of demonstrating vapor (3) Approval of major changes to test public comment be sent to the contact tightness to determine compliance with methods under § 63.7(e)(2)(ii) and (f) person listed below (see FOR FURTHER paragraph (d)(2) of this section, the and as defined in § 63.90. INFORMATION CONTACT). Comments may

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