Air pollutants, hazardous; national emission standards: Miscellaneous organic chemical manufacturing,
[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Rules and Regulations]
[Page 40315-40342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy06-15]
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Part V
Environmental Protection Agency
40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2003-0121; FRL-8190-5]
RIN 2060-AM43
National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendments.
SUMMARY: On November 10, 2003, EPA promulgated national emission standards for hazardous air pollutants for miscellaneous organic chemical manufacturing. Several petitions for judicial review of the final rule were filed in the United States Court of Appeals for the District of Columbia Circuit. Petitioners expressed concern with various requirements in the final rule, including applicability of specific operations and processes, the leak detection and repair requirements for connectors, criteria to define affected wastewater streams requiring control, control requirements for wastewater streams that contain only soluble hazardous air pollutants, the definition of ``process condensers,'' and recordkeeping requirements for Group 2 batch process vents. In this action, EPA amends the final rule to address these issues and to correct inconsistencies that have been discovered during the review process.
DATES: Effective Date: July 14, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2003-0121. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air
and Radiation Docket, Docket ID No. EPA-HQ-OAR-2003-0121, EPA/DC, EPA West, Room B-102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Coatings and Chemicals Group (E143-01), U.S. EPA, Research Triangle Park, NC 27711, telephone number: (919) 541-5402, fax number: (919) 541-0246; e-mail address: mcdonald.randy@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated by this action include:
Examples of Category
NAICS code \1\ regulated entities
Industry................... 3251, 3252, 3253, Producers of 3254, 3255, 3256, specialty organic and 3259, with
chemicals, several exceptions. explosives, certain polymers and resins, and certain pesticide intermediates.
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria in 40 CFR 63.2435 of subpart FFFF (national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing). If you have any questions regarding the applicability of this action to a particular entity, consult either the air permit authority for the entity or your EPA regional representative as listed in 40 CFR 63.13 of subpart A (General Provisions).
World Wide Web (WWW). In addition to being available in the docket, an electronic copy of the final action will also available on the WWW through the Technology Transfer Network (TTN). Following signature, a copy of the final action will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN provides information and technology
exchange in various areas of air pollution control.
Judicial Review. Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of the final amendments is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by September 12, 2006. Under section 307(d)(7)(B) of the CAA, only an objection to the final amendments that was raised with reasonable specificity during the period for public comment may be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by the final amendments may not be challenged separately in any civil or criminal proceedings brought by EPA to enforce these requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review.'' This section also provides a mechanism for us to convene a proceeding for reconsideration, ``[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.'' Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20004.
Organization of This Document. The information presented in this preamble is organized as follows:
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Background II. Summary of the Final Amendments
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Applicability
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Emission Limits, Compliance Options, and Initial Compliance Requirements
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Monitoring Requirements
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Recordkeeping and Reporting III. Response to Comments
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Applicability
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Requirements for Process Vents
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Requirements for Wastewater
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Requirements for Equipment Leaks
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Initial Compliance Requirements
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Monitoring Requirements
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Recordkeeping and Reporting Requirements
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Overlap With Other Rules
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Definitions
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Miscellaneous Technical Corrections IV. Statutory and Executive Order Reviews
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Executive Order 12866: Regulatory Planning and Review
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Paperwork Reduction Act
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Regulatory Flexibility Act
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Unfunded Mandates Reform Act
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Executive Order 13132: Federalism
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Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
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Executive Order 13045: Protection of Children From Environmental Health and Safety Risks
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Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use
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National Technology Transfer Advancement Act
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Congressional Review Act
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Background
On November 10, 2003, we promulgated NESHAP for miscellaneous organic chemical (MON) manufacturing as subpart FFFF of 40 CFR part 63. Petitions for review of the MON were filed in the United States Court of Appeals for the District of Columbia Circuit by American Chemistry Council, Eastman Chemical Company, Clariant LSM (America), Inc., Rohm and Haas Company, General Electric Company, Coke Oven Environmental Task Force, and Lyondell Chemical Company (collectively ``Petitioners'').\1\ These matters were consolidated into American Chemical Council, et al. v. EPA, No. 04-1004, 04-1005, 04-1008, 04- 1009, 04-1010, 04-1012, 04-1013 (District of Columbia Circuit). Issues raised by the petitioners included applicability of the final rule; leak detection and repair requirements for connectors; definitions of process condenser, continuous process vent, and Group 1 wastewater; treatment requirements for wastewater that is Group 1 only for soluble hazardous air pollutants (SHAP); recordkeeping for Group 2 batch process vents; and notification requirements for Group 2 emission points that become Group 1 emission points. In early October 2005, the parties signed a settlement agreement. Pursuant to section 113(g) of the CAA, notice of the settlement was published in the Federal Register on October 26, 2005 (70 FR 61814).
\1\ The Fertilizer Institute and Arteva Specialties S. `ar.l also filed petitions for review but voluntarily withdrew their petitions.
On December 8, 2005, we proposed amendments to subpart FFFF to address the issues raised by Petitioners and made other corrections and clarifications to ensure that the final rule is implemented as intended. We received a total of 20 comment letters from 18 stakeholders. Most of the letters were from companies that will have affected sources under subpart FFFF, three were from industry trade associations, three were from environmental consulting firms, and one was from a law firm on behalf of some of the petitioners. The final amendments reflect full consideration of the petition, and all of the public comments we received on the proposed amendments.
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Summary of the Final Amendments
The final amendments clarify applicability of subpart FFFF, provide additional compliance options, modify initial and continuous compliance requirements, and simplify recordkeeping and reporting requirements. Significant changes are summarized in the sections below. Additional clarifications and corrections are highlighted in Table 1 to this preamble and in the preamble to the proposed amendments (70 FR 73098, December 8, 2005). Collectively, these provisions will reduce the burden associated with demonstrating compliance without affecting emissions control or the ability of enforcement agencies to ensure compliance.
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Applicability
The final amendments exempt carbon monoxide production and additional polymer finishing operations from subpart FFFF. In the definition of the term ``miscellaneous organic chemical manufacturing process,'' the final amendments clarify the end point of processes that produce solid products.
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Emission Limits, Compliance Options, and Initial Compliance Requirements
Many of the changes in the final amendments involve requirements for process vents. For example, Table 2 in the amended rule allows floating roof technology to control batch process vent emissions from process tanks. The final amendments also change the definition of the term ``continuous process vent'' to include all continuous operations, not just reactors, air oxidation reactors, and distillation units. A corresponding change has been made in the definition of the term ``surge control vessel.'' Another change to the definition of the term ``continuous process vent'' requires determinations of continuous process vents prior to combination with emissions from another miscellaneous organic chemical manufacturing process unit (MCPU).
Table 3 in the final rule currently requires control of ``particulate matter (PM) hazardous air pollutant (HAP)'' emissions from process vents at new sources. The amendments replace requirements for ``PM HAP'' with requirements for ``HAP metals.'' One of the related changes is that the emissions threshold above which control is required has been changed from 400 pounds per year (lb/yr) of PM HAP to 150 lb/ yr of HAP metals. Another change in the amended rule is that Method 29 of appendix A of 40 CFR part 60 is allowed as an alternative to Method 5 of appendix A of 40 CFR part 60.
We have amended the definition of the term ``process condenser'' to clarify what it means for a condenser to be ``integral to the MCPU.'' Under the current definition, condensers that receive vapor streams from batch operations in an MCPU at temperatures below the boiling or bubble point of the HAP are not process condensers. The amended definition includes most of these condensers, provided they are capable of and normally used for the purpose of recovering chemicals for fuel value, use, or reuse, or for sale for fuel value, use, or reuse. Exceptions are provided for condensers that are considered to be part of recovery devices.
The final amendments specify corrected procedures for using specified equations to calculate uncontrolled emissions from process condensers. The revised procedures require consideration of the condenser exit gas temperature and composition of the condensate. Alternatively, uncontrolled emissions from process condensers may be estimated based on engineering assessments under the same conditions as the final rule currently allows for estimating emissions directly from the process vessels. The final amendments also specify initial compliance requirements for process condensers. You must either measure the exhaust gas temperature and show it is less than the boiling or bubble point of the substance in the process vessel or perform a material balance around the vessel and condenser to show that at least 99 percent of the material vaporized while boiling is condensed.
The final amendments specify that biofilters are an option for complying with the 95 percent reduction emission limit for batch process vents (see Table
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2 to subpart FFFF of part 63). Related amendments in 40 CFR 63.2460(c)(9) specify initial and continuous compliance requirements for biofilters. A performance test must be conducted to demonstrate initial compliance. Either temperature or organic monitoring devices are required to demonstrate continuous compliance. Average temperatures must be determined if you elect to measure temperature at several locations in the biofilter bed. As for other types of control devices, the amendments related to biofilters also cross-reference the testing and continuous parameter monitoring system(s) (CPMS) requirements in 40 CFR part 63, subpart SS.
The final amendments add a compliance option in Table 3 of subpart FFFF of 40 CFR part 63 for hydrogen halide and halogen HAP emissions from process vents. A halogen atom mass flow rate emission limit of 0.45 kilograms per hour (kg/hr) is allowed as an alternative to the current emission limits that require either a 99 percent reduction or control to an outlet concentration limit of 20 parts per million by volume (ppmv). This mass emission limit applies to each individual continuous process vent and to the collection of all batch process vents within an MCPU.
The final amendments change several of the requirements for wastewater. The concentrations and mass discharge rates of partially soluble HAP (PSHAP), SHAP, and total HAP that define a Group 1 wastewater stream have been changed. The definition of the term ``point of determination'' (POD) has been changed to specify that the point where effluent is discharged from a scrubber or other control device is a POD. Methyl ethyl ketone has been removed from the list of PSHAP in Table 8 to subpart FFFF of part 63.\2\ A new 40 CFR 63.2485(o) requires the CPMS records specified in 40 CFR 63.998(c)(1) in addition to the records specified in 40 CFR 63.147(d) for non-flare control devices. Finally, a new compliance option is included in 40 CFR 63.2485(n) that allows certain waste management units in a biotreatment system to be uncovered if the wastewater being treated is Group 1 only for SHAP. This option also allows lift stations with a volume larger than 10,000 gallons to have openings sized as necessary for proper venting as an alternative to the currently specified vent pipe dimensions in 40 CFR 63.136(e)(2)(ii)(A). Amendments in 40 CFR 63.2485(n) also added initial compliance procedures that are specific to the new compliance option.
\2\ MEK has been removed as a result of its removal from the CAA section 112(b)(1) list of HAP. [70 FR 75047, December 19, 2005]
For equipment leaks, the final amendments allow compliance with 40 CFR part 63, subpart H as an alternative to compliance with either 40 CFR part 63, subpart UU or 40 CFR part 65, subpart F. The amendments eliminate the option for existing sources of complying with 40 CFR part 63, subpart TT. However, the final amendments also allow two exceptions to the three available options. First, for pumps at an existing affected source, you may elect to comply with a leak definition of 10,000 parts per million (ppm) as an alternative to the leak definitions specified in the cross-referenced rules. Second, for connectors in gas service or light liquid service at any affected source, you may elect to comply with the requirements for connectors in heavy liquid service. The final amendments also specify that bench- scale processes are exempt from the equipment leak requirements.
The final amendments eliminate reporting requirements for offsite cleaning and reloading facilities that control emissions from rail cars and tank trucks that are used in vapor balancing for storage tanks at the affected source. For an offsite cleaning or reloading facility that is subject to any other NESHAP under 40 CFR part 63, the final amendments specify that compliance with the monitoring, recordkeeping, and reporting requirements in the other rule demonstrates compliance with the requirements in subpart FFFF of 40 CFR part 63.
Final amendments to 40 CFR 63.2445 clarify that an initial compliance demonstration must be conducted within 150 days after any of the following process changes: A Group 2 emission point becomes a Group 1 emission point, hydrogen halide and halogen HAP emissions from the sum of all process vents in a process increase to more than 1,000 lb/ yr, or a small control device for process vent or transfer rack emissions becomes a large control device.
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Monitoring Requirements
The final amendments include several changes to the parameter monitoring requirements specified in 40 CFR 63.2450(k). For halogen scrubbers, monitoring caustic strength of the effluent is allowed as an alternative to measuring pH. If the halogen scrubber controls emissions only from batch process vents, the caustic strength or pH may be measured daily instead of continuously. For absorbers that control organic compounds and use water as the scrubbing fluid, liquid and gas flow rates may be monitored instead of the parameters in the current rule. The periodic verification option for control devices that control less than 1 ton per year of HAP is now allowed for all control devices, not just those that control only batch process vents.
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Recordkeeping and Reporting
The final amendments reduce or eliminate recordkeeping requirements in 40 CFR 63.2525(e) for Group 2 batch process vents. Recordkeeping is eliminated for Group 2 batch process vents that are always controlled with either a flare that meets the requirements of 40 CFR 63.987 or any other control device that meets the requirements for Group 1 batch process vents, provided the worst-case conditions for the control device includes the contribution of all Group 2 batch process vents. Reduced recordkeeping is allowed if non-reactive organic HAP is the only HAP in the process and usage is less than 10,000 lb/yr or if emissions are less than 1,000 lb/yr. Estimating uncontrolled organic HAP emissions is not required if you demonstrate that non-reactive organic HAP usage is less than 10,000 lb/yr. Data and supporting rationale explaining why non-reactive organic HAP usage will be less than 10,000 lb/yr must be included in your notification of compliance status report.
The final amendments also reduce or clarify reporting requirements. As clarification for process changes in 40 CFR 63.2520(e)(10), it should be noted that a new MCPU is created when a new product is made which is not part of an existing family of materials. Process changes to an existing MCPU such as the addition of new or different equipment, use of different feedstock, or addition of a parallel process may be a change in the operating scenario, but do not constitute a new MCPU. The definition of the term ``batch process vent'' has been amended to eliminate reporting requirements associated with determinations that emissions from batch operations have HAP emissions below the thresholds for batch process vents. The final amendments eliminate the requirement in 40 CFR 63.2520(e)(10)(ii)(C) of the final rule to provide a 60-day advance notification before batch process vents change from Group 2 to Group 1. Under the amended rule, you must document such a change in status in your notification of compliance status report in accordance with 40 CFR 63.2520(e)(10)(i). We changed 40 CFR 63.2465(b) to specify
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that the results of engineering assessments used to estimate uncontrolled hydrogen halide and halogen HAP emissions are to be documented in your notification of compliance status report, not your precompliance report. Finally, the amended rule requires operating logs (and copies of the applicable logs in compliance reports) only for processes with batch process vents from batch operations, not all processes.
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Response to Comments
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Applicability
Comment: Although not directly related to the proposed amendments, one commenter expressed concern that, despite previous attempts at clarification, a potential for overlap and conflict between the applicability provisions in the Miscellaneous Organic Chemical Manufacturing NESHAP (40 CFR part 63, subpart FFFF) and the miscellaneous coating manufacturing NESHAP (40 CFR part 63, subpart HHHHH) still exists. Based on the rules as currently written and additional guidance from EPA (70 FR 25678, May 11, 2005), the commenter understands that any process that produces a material that is used as a coating is subject to 40 CFR part 63, subpart HHHHH. The commenter has two concerns with this requirement. First, it is not clear which rule applies to the production of materials that have both coating and non- coating uses. Second, some coating manufacturing processes involve traditional chemical manufacturing operations, including reactions, which differ significantly from the processes consisting of mixing and blending operations that were used to develop the maximum achievable control technology (MACT) floor and regulatory requirements in 40 CFR part 63, subpart HHHHH. On the other hand, these processes are similar to processes that were used to develop the MACT floor and regulatory requirements in 40 CFR part 63, subpart FFFF.
To resolve the conflicts, the commenter requested that we issue a separate rulemaking to revise definitions in the Miscellaneous Coating Manufacturing NESHAP. The commenter, in conjunction with other companies, suggested changes to definitions in earlier communications with EPA. If changes are made before the compliance dates of both rules, needless effort to prepare and review precompliance reports for these situations can be avoided.
Response: We share the commenter's concern about the potential for conflict in applicability determinations. To clarify the applicability and eliminate the conflict, we have proposed changes to the definition of the term ``coating'' in the Miscellaneous Coating Manufacturing NESHAP (71 FR 28639, May 17, 2006). One of the proposed changes would clarify that only material produced by blending, mixing, dilution, or other formulation operations would be a coating. Thus, a process that involves only formulation operations would be subject to 40 CFR part 63, subpart HHHHH if the product is a coating. A second proposed change would clarify applicability for processes that involve chemical synthesis or separation of formulation components prior to the formulation operations. If the synthesized or separated material is stored as an isolated intermediate or final product prior to use in the formulation operation, the synthesis or separation process is subject to 40 CFR part 63, subpart FFFF. Thus, applicability of 40 CFR part 63, subpart FFFF would end with the storage vessel fed from the synthesis or separation operation, and 40 CFR part 63, subpart HHHHH would apply following storage through final production of the coating. When the synthesized or separated component is not stored before use in a formulation step, the second proposed change to the definition of the term ``coating'' would specify that a coating does not include materials made in processes where a formulation component is synthesized by chemical reaction or separation activity and then transferred to another vessel (without storage) where it is formulated to produce a material used as a coating. The preamble to these proposed amendments to the Miscellaneous Coating Manufacturing NESHAP states that comments must be received on or before July 3, 2006.
Comment: One commenter described how they think several tanks in a specific miscellaneous organic chemical manufacturing process would be classified under the amended rule. According to the commenter, a molten material from batch reactors is collected in tank A. Typically, the material from tank A is sent to a continuous centrifuge to remove a catalyst. The catalyst-free material is then transferred to either tank B or tank C. Still molten, material in tanks B and C is either transferred to rail cars for shipment or used onsite as feed material for a flaker or pastille maker. The flaker and pastille maker operates continuously, except when it is necessary to switch from one feed tank to the other. The commenter believes tank A is a surge control vessel, and tanks B and C are either storage tanks or surge control vessels.
Response: Although this is not the proper forum for a site-specific applicability determination, we will provide a general assessment based on the limited available information. Because it is managing the flow of material into a continuous operation, tank A is a surge control vessel. Since the material in tanks B and C is sometimes sold, these tanks mark the end of the process, and the tanks are storage tanks. In this case, the flaker and pastille maker is a separate process.
The determination would be more difficult if all of the material in tanks B and C was used onsite. If material were sometimes added to and withdrawn from these tanks simultaneously, then they would be managing flow to a continuous operation, and they would be surge control vessels. On the other hand, if it could be demonstrated that the tanks are being used solely for storage, then the molten material would be an isolated intermediate, and tanks B and C would be storage tanks. Note that in table 1 to this preamble we describe a change in the final amendments to the definition of ``isolated intermediates.'' This change clarifies that storage equipment for isolated intermediates is part of the MCPU that produces the isolated intermediate.
Comment: One commenter thinks polymer products should not be regulated as ``volatile organic liquids'' under either subpart FFFF or other regulatory programs because they have very high molecular weights and negligible vapor pressure.
Response: Processes that produce certain polymer products are regulated under 40 CFR part 63, subpart FFFF if HAP are used in the process. However, only the HAP are subject to emission limits. The non- HAP polymer products themselves are not subject to emission limits under 40 CFR part 63, subpart FFFF. The requirements in other regulatory programs are not addressed in this response: Because today's action deals only with amendments to 40 CFR part 63, subpart FFFF.
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Requirements for Process Vents
Comment: The proposed amendments included an additional compliance option for batch process vents that would allow the use of biofilters to comply with the 95 percent reduction option. One commenter requested that this option be made available for continuous process vents as well. The commenter realizes that, technically, biofilters may be used to comply with the 98 percent reduction option in table 1 to subpart FFFF, but the commenter
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believes this is not feasible with current biofilter technology. To support his request, the commenter noted that biofilters have environmental benefits relative to the combustion devices they are likely to supplant. Specifically, both the consumption of fossil fuels and the generation of criteria pollutant emissions would be lower if continuous process vents are controlled using biofilters. The commenter also noted that there is no technological barrier to using biofilters to control emissions from continuous operations, and there is regulatory precedent for their use to control emissions from continuous operations (i.e., 40 CFR part 63, subpart DDDD and subpart UUUU).
Response: We have decided not to include the requested biofilter option at this time. Although we agree that biofilters have some environmental advantages over combustion devices, we are concerned that the difference between 98 percent and 95 percent reduction in HAP emissions is not offset by the benefits of reduced fuel use and criteria pollutant emissions. Analysis of the offsets was not necessary for batch process vents because the rule already included a 95 percent reduction option before the biofilter option was proposed.
This issue is not closed. We have initiated a study to investigate the applicability of biofilters for continuous process vent emissions from miscellaneous organic chemical manufacturing processes. Some of the things we would like to determine are as follows. What level of control can be achieved? Does the level of control vary for different HAP? What effect do other emission stream characteristics such as flow rate and temperature have on the control efficiency? How much of the HAP removed from the emission stream is transferred to wastewater discharges? How much electricity is needed to run fans and pumps associated with a biofilter? How much solid waste is generated by biofilters, and how must it be disposed? Using the information collected, we will also reassess the environmental impacts of biofilters versus combustion devices. Depending on the results, we may decide to propose some type of biofilter option for continuous process vents in 40 CFR part 63, subpart FFFF in the future.
Comment: One of the proposed amendments added a compliance option for process vents that emit hydrogen halide and halogen HAP. This option, in entry 1.b. of Table 3 to subpart FFFF of 40 CFR part 63, would allow compliance by reducing the ``halogen atom mass emission rate to system= absolute pressure of the receiving vessel; Pi= partial pressure of the HAP determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver; Pj= partial pressure of condensables (including HAP) determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver; MWHAP= molecular weight of the HAP determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver.
(4) To calculate uncontrolled emissions when a vessel is equipped with a process condenser, you must use the procedures in Sec. 63.1257(d)(3)(i)(B), except as specified in paragraphs (b)(4)(i) through (vii) of this section.
(i) You must determine the flowrate of gas (or volume of gas), partial pressures of condensables, temperature (T), and HAP molecular weight (MWHAP) at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver.
(ii) You must assume that all of the components contained in the condenser exit vent stream are in equilibrium with the same components in the exit condensate stream (except for noncondensables).
(iii) You must perform a material balance for each component.
(iv) For the emissions from gas evolution, the term for time, t, must be used in Equation 12 to 40 CFR part 63, subpart GGG.
(v) Emissions from empty vessel purging shall be calculated using Equation 36 to 40 CFR part 63, subpart GGG and the exit temperature and exit pressure conditions of the condenser or the conditions of the dedicated receiver.
(vi) You must conduct an engineering assessment as specified in Sec. 63.1257(d)(2)(ii) for each emission episode that is not due to vapor displacement, purging, heating, depressurization, vacuum operations, gas evolution, air drying, or empty vessel purging. The requirements of paragraphs (b)(3) through (4) of this section shall apply.
(vii) You may elect to conduct an engineering assessment if you can demonstrate to the Administrator that the methods in Sec. 63.1257(d)(3)(i)(B) are not appropriate. * * * * *
(6) You may change from Group 2 to Group 1 in accordance with either paragraph (b)(6)(i) or (ii) of this section. You must comply with the requirements of this section and submit the test report in the next Compliance report.
(i) You may switch at any time after operating as Group 2 for at least 1 year so that you can show compliance with the 10,000 pounds per year (lb/yr) threshold for Group 2 batch process vents for at least 365 days before the switch. You may elect to start keeping records of emissions from Group 2 batch process vents before the compliance date. Report a switch based on this
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provision in your next compliance report in accordance with Sec. 63.2520(e)(10)(i).
(ii) If the conditions in paragraph (b)(6)(i) of this section are not applicable, you must provide a 60-day advance notice in accordance with Sec. 63.2520(e)(10)(ii) before switching.
(7) As an alternative to determining the uncontrolled organic HAP emissions as specified in Sec. 63.1257(d)(2)(i) and (ii), you may elect to demonstrate that non-reactive organic HAP are the only HAP used in the process and non-reactive HAP usage in the process is less than 10,000 lb/yr. You must provide data and supporting rationale in your notification of compliance status report explaining why the non- reactive organic HAP usage will be less than 10,000 lb/yr. You must keep records of the non-reactive organic HAP usage as specified in Sec. 63.2525(e)(2) and include information in compliance reports as specified in Sec. 63.2520(e)(5)(iv).
(c) Exceptions to the requirements in subparts SS and WW of this part 63 are specified in paragraphs (c)(1) through (9) of this section.
(1) Process condensers. Process condensers, as defined in Sec. 63.2550(i), are not considered to be control devices for batch process vents. You must determine whether a condenser is a control device for a batch process vent or a process condenser from which the uncontrolled HAP emissions are evaluated as part of the initial compliance demonstration for each MCPU and report the results with supporting rationale in your notification of compliance status report.
(2) * * *
(iii) As an alternative to conducting a performance test or design evaluation to demonstrate initial compliance with a percent reduction requirement for a condenser, you may determine controlled emissions using the procedures specified in Sec. 63.1257(d)(3)(i)(B) and paragraphs (b)(3) through (4) of this section. * * * * *
(v) If a process condenser is used for any boiling operations, you must demonstrate that it is properly operated according to the procedures specified in Sec. 63.1257(d)(2)(i)(C)(4)(ii) and (d)(3)(iii)(B), and the demonstration must occur only during the boiling operation. * * * * * * * *
(8) Terminology. When the term ``storage vessel'' is used in subpart WW of this part 63, the term ``process tank,'' as defined in Sec. 63.2550(i), applies for the purposes of this section.
(9) Requirements for a biofilter. If you use a biofilter to meet either the 95 percent reduction requirement or outlet concentration requirement specified in Table 2 to this subpart, you must meet the requirements specified in paragraphs (c)(9)(i) through (iv) of this section.
(i) Operational requirements. The biofilter must be operated at all times when emissions are vented to it.
(ii) Performance tests. To demonstrate initial compliance, you must conduct a performance test according to the procedures in Sec. 63.997 and paragraphs (c)(9)(ii)(A) through (D) of this section. The design evaluation option for small control devices is not applicable if you use a biofilter.
(A) Keep up-to-date, readily accessible continuous records of either the biofilter bed temperature averaged over the full period of the performance test or the outlet total organic HAP or TOC concentration averaged over the full period of the performance test. Include these data in your notification of compliance status report as required by Sec. 63.999(b)(3)(ii).
(B) Record either the percent reduction of total organic HAP achieved by the biofilter determined as specified in Sec. 63.997(e)(2)(iv) or the concentration of TOC or total organic HAP determined as specified in Sec. 63.997(e)(2)(iii) at the outlet of the biofilter, as applicable.
(C) If you monitor the biofilter bed temperature, you may elect to use multiple thermocouples in representative locations throughout the biofilter bed and calculate the average biofilter bed temperature across these thermocouples prior to reducing the temperature data to 15 minute (or shorter) averages for purposes of establishing operating limits for the biofilter. If you use multiple thermocouples, include your rationale for their site selection in your notification of compliance status report.
(D) Submit a performance test report as specified in Sec. 63.999(a)(2)(i) and (ii). Include the records from paragraph (c)(9)(ii)(B) of this section in your performance test report.
(iii) Monitoring requirements. Use either a biofilter bed temperature monitoring device (or multiple devices) capable of providing a continuous record or an organic monitoring device capable of providing a continuous record. Keep records of temperature or other parameter monitoring results as specified in Sec. 63.998(b) and (c), as applicable. General requirements for monitoring are contained in Sec. 63.996. If you monitor temperature, the operating temperature range must be based on only the temperatures measured during the performance test; these data may not be supplemented by engineering assessments or manufacturer's recommendations as otherwise allowed in Sec. 63.999(b)(3)(ii)(A). If you establish the operating range (minimum and maximum temperatures) using data from previous performance tests in accordance with Sec. 63.996(c)(6), replacement of the biofilter media with the same type of media is not considered a process change under Sec. 63.997(b)(1). You may expand your biofilter bed temperature operating range by conducting a repeat performance test that demonstrates compliance with the 95 percent reduction requirement or outlet concentration limit, as applicable.
(iv) Repeat performance tests. You must conduct a repeat performance test using the applicable methods specified in Sec. 63.997 within 2 years following the previous performance test and within 150 days after each replacement of any portion of the biofilter bed media with a different type of media or each replacement of more than 50 percent (by volume) of the biofilter bed media with the same type of media.
0 6. Section 63.2465 is amended by revising the section heading, paragraph (b), and paragraph (d) to read as follows:
Sec. 63.2465 What requirements must I meet for process vents that emit hydrogen halide and halogen HAP or HAP metals?
* * * * *
(b) If any process vents within a process emit hydrogen halide and halogen HAP, you must determine and sum the uncontrolled hydrogen halide and halogen HAP emissions from each of the process vents within the process using the procedures specified in Sec. 63.1257(d)(2)(i) and/or (ii), as appropriate. When Sec. 63.1257(d)(2)(ii)(E) requires documentation to be submitted in the precompliance report, it means the notification of compliance status report for the purposes of this paragraph. * * * * *
(d) To demonstrate compliance with the emission limit in Table 3 to this subpart for HAP metals at a new source, you must comply with paragraphs (d)(1) through (3) of this section.
(1) Determine the mass emission rate of HAP metals based on process knowledge, engineering assessment, or test data.
(2) Conduct an initial performance test of each control device that is used to comply with the emission limit for HAP metals specified in Table 3 to this subpart. Conduct the performance test according to the procedures in Sec. 63.997. Use Method 29 of appendix A of 40 CFR part 60 to determine the HAP metals at the inlet and outlet of each control
[[Page 40335]]
device, or use Method 5 of appendix A of 40 CFR part 60 to determine the total particulate matter (PM) at the inlet and outlet of each control device. You have demonstrated initial compliance if the overall reduction of either HAP metals or total PM from the process is greater than or equal to 97 percent by weight.
(3) Comply with the monitoring requirements specified in Sec. 63.1366(b)(1)(xi) for each fabric filter used to control HAP metals.
0 7. Section 63.2470 is amended by: 0 a. Removing and reserving paragraph (b); and 0 b. Revising paragraph (e)(2) to read as follows:
Sec. 63.2470 What requirements must I meet for storage tanks?
* * * * *
(e) * * *
(2) To comply with Sec. 63.1253(f)(6)(i), the owner or operator of an offsite cleaning or reloading facility must comply with Sec. Sec. 63.2445 through 63.2550 instead of complying with Sec. 63.1253(f)(7)(ii), except as specified in paragraph (e)(2)(i) or (ii) of this section.
(i) The reporting requirements in Sec. 63.2520 do not apply to the owner or operator of the offsite cleaning or reloading facility.
(ii) As an alternative to complying with the monitoring, recordkeeping, and reporting provisions in Sec. Sec. 63.2445 through 63.2550, the owner or operator of an offsite cleaning or reloading facility may comply as specified in Sec. 63.2535(a)(2) with any other subpart of this part 63 which has monitoring, recordkeeping, and reporting provisions as specified in Sec. 63.2535(a)(2). * * * * *
0 8. Section 63.2475 is amended by removing paragraph (c).
0 9. Section 63.2480 is revised to read as follows:
Sec. 63.2480 What requirements must I meet for equipment leaks?
(a) You must meet each requirement in Table 6 to this subpart that applies to your equipment leaks, except as specified in paragraphs (b) through (d) of this section.
(b) If you comply with either subpart H or subpart UU of this part 63, you may elect to comply with the provisions in paragraphs (b)(1) through (5) of this section as an alternative to the referenced provisions in subpart H or subpart UU of this part.
(1) The requirements for pressure testing in Sec. 63.179(b) or Sec. 63.1036(b) may be applied to all processes, not just batch processes.
(2) For the purposes of this subpart, pressure testing for leaks in accordance with Sec. 63.179(b) or Sec. 63.1036(b) is not required after reconfiguration of an equipment train if flexible hose connections are the only disturbed equipment.
(3) For an existing source, you are not required to develop an initial list of identification numbers for connectors as would otherwise be required under Sec. 63.1022(b)(1) or Sec. 63.181(b)(1)(i).
(4) For connectors in gas/vapor and light liquid service at an existing source, you may elect to comply with the requirements in Sec. 63.169 or Sec. 63.1029 for connectors in heavy liquid service, including all associated recordkeeping and reporting requirements, rather than the requirements of Sec. 63.174 or Sec. 63.1027.
(5) For pumps in light liquid service in an MCPU that has no continuous process vents and is part of an existing source, you may elect to consider the leak definition that defines a leak to be 10,000 parts per million (ppm) or greater as an alternative to the values specified in Sec. 63.1026(b)(2)(i) through (iii) or Sec. 63.163(b)(2).
(c) If you comply with 40 CFR part 65, subpart F, you may elect to comply with the provisions in paragraphs (c)(1) through (9) of this section as an alternative to the referenced provisions in 40 CFR part 65, subpart F.
(1) The requirements for pressure testing in Sec. 65.117(b) may be applied to all processes, not just batch processes.
(2) For the purposes of this subpart, pressure testing for leaks in accordance with Sec. 65.117(b) is not required after reconfiguration of an equipment train if flexible hose connections are the only disturbed equipment.
(3) For an existing source, you are not required to develop an initial list of identification numbers for connectors as would otherwise be required under Sec. 65.103(b)(1).
(4) You may elect to comply with the monitoring and repair requirements specified in Sec. 65.108(e)(3) as an alternative to the requirements specified in Sec. 65.108(a) through (d) for any connectors at your affected source.
(5) For pumps in light liquid service in an MCPU that has no continuous process vents and is part of an existing source, you may elect to consider the leak definition that defines a leak to be 10,000 ppm or greater as an alternative to the values specified in Sec. 65.107(b)(2)(i) through (iii).
(6) When 40 CFR part 65, subpart F refers to the implementation date specified in Sec. 65.1(f), it means the compliance date specified in Sec. 63.2445.
(7) When Sec. Sec. 65.105(f) and 65.117(d)(3) refer to Sec. 65.4, it means Sec. 63.2525.
(8) When Sec. 65.120(a) refers to Sec. 65.5(d), it means Sec. 63.2515.
(9) When Sec. 65.120(b) refers to Sec. 65.5(e), it means Sec. 63.2520.
(d) The provisions of this section do not apply to bench-scale processes, regardless of whether the processes are located at the same plant site as a process subject to the provisions of this subpart.
0 10. Section 63.2485 is amended by revising paragraph (a) and paragraphs (c)(1) through (3) and by adding new paragraphs (m), (n), and (o) to read as follows:
Sec. 63.2485 What requirements must I meet for wastewater streams and liquid streams in open systems within an MCPU?
(a) You must meet each requirement in Table 7 to this subpart that applies to your wastewater streams and liquid streams in open systems within an MCPU, except as specified in paragraphs (b) through (o) of this section. * * * * *
(c) * * *
(1) The total annual average concentration of compounds in Table 8 to this subpart is greater than or equal to 10,000 ppmw at any flowrate, and the total annual load of compounds in Table 8 to this subpart is greater than or equal to 200 lb/yr.
(2) The total annual average concentration of compounds in Table 8 to this subpart is greater than or equal to 1,000 ppmw, and the annual average flowrate is greater than or equal to 1 l/min.
(3) The combined total annual average concentration of compounds in Tables 8 and 9 to this subpart is greater than or equal to 30,000 ppmw, and the combined total annual load of compounds in Tables 8 and 9 to this subpart is greater than or equal to 1 tpy. * * * * *
(m) When Sec. 63.132(f) refers to ``a concentration of greater than 10,000 ppmw of Table 9 compounds,'' the phrase ``a concentration of greater than 30,000 ppmw of total partially soluble HAP (PSHAP) and soluble HAP (SHAP) or greater than 10,000 ppmw of PSHAP'' shall apply for the purposes of this subpart.
(n) Alternative requirements for wastewater that is Group 1 for soluble HAP only. The option specified in this paragraph (n) applies to wastewater that is Group 1 for soluble HAP in accordance with paragraph (c)(3) of this section and is discharged to biological treatment. Except as provided in paragraph (n)(4) of this section, this option does not apply to wastewater
[[Page 40336]]
that is Group 1 for partially soluble HAP in accordance with paragraph (c)(1), (c)(2), or (c)(4) of this section. For wastewater that is Group 1 for SHAP, you need not comply with Sec. Sec. 63.133 through 63.137 for any equalization unit, neutralization unit, and/or clarifier prior to the activated sludge unit, and you need not comply with the venting requirements in Sec. 63.136(e)(2)(ii)(A) for lift stations with a volume larger than 10,000 gal, provided you comply with the requirements specified in paragraphs (n)(1) through (3) of this section and all otherwise applicable requirements specified in Table 7 to this subpart. For this option, the treatment requirements in Sec. 63.138 and the performance testing requirements in Sec. 63.145 do not apply to the biological treatment unit, except as specified in paragraphs (n)(2)(i) through (iv) of this section.
(1) Wastewater must be hard-piped between the equalization unit, clarifier, and activated sludge unit. This requirement does not apply to the transfer between any of these types of units that are part of the same structure and one unit overflows into the next.
(2) Calculate the destruction efficiency of the biological treatment unit using Equation 1 of this section in accordance with the procedures described in paragraphs (n)(2)(i) through (vi) of this section. You have demonstrated initial compliance if E is greater than or equal to 90 percent.
[GRAPHIC] [TIFF OMITTED] TR14JY06.031
Where:
E = destruction efficiency of total PSHAP and SHAP for the biological treatment unit including the equalization unit, neutralization unit, and/or clarifier, percent; QMWa= mass flow rate of total PSHAP and SHAP compounds entering the equalization unit (or whichever of the three types of units is first), kilograms per hour (kg/hr); QMGe= mass flow rate of total PSHAP and SHAP compounds emitted from the equalization unit, kg/hr; QMGn= mass flow rate of total PSHAP and SHAP compounds emitted from the neutralization unit, kg/hr; QMGc= mass flow rate of total PSHAP and SHAP compounds emitted from the clarifier, kg/hr Fbio= site-specific fraction of PSHAP and SHAP compounds biodegraded in the biological treatment unit.
(i) Include all PSHAP and SHAP compounds in both Group 1 and Group 2 wastewater streams from all MCPU, except you may exclude any compounds that meet the criteria specified in Sec. 63.145(a)(6)(ii) or (iii).
(ii) Conduct the demonstration under representative process unit and treatment unit operating conditions in accordance with Sec. 63.145(a)(3) and (4).
(iii) Determine PSHAP and SHAP concentrations and the total wastewater flow rate at the inlet to the equalization unit in accordance with Sec. 63.145(f)(1) and (2). References in Sec. 63.145(f)(1) and (2) to required mass removal and actual mass removal do not apply for the purposes of this section.
(iv) Determine Fbiofor the activated sludge unit as specified in Sec. 63.145(h), except as specified in paragraph (n)(2)(iv)(A) or paragraph (n)(2)(iv)(B) of this section.
(A) If the biological treatment process meets both of the requirements specified in Sec. 63.145(h)(1)(i) and (ii), you may elect to replace the Fbioterm in Equation 1 of this section with the numeral ``1.''
(B) You may elect to assume fbiois zero for any compounds on List 2 of Table 36 in subpart G.
(v) Determine QMGe, QMGn, and QMGc using EPA's WATER9 model or the most recent update to this model, and conduct testing or use other procedures to validate the modeling results.
(vi) Submit the data and results of your demonstration, including both a description of and the results of your WATER9 modeling validation procedures, in your notification of compliance status report as specified in Sec. 63.2520(d)(2)(ii).
(3) As an alternative to the venting requirements in Sec. 63.136(e)(2)(ii)(A), a lift station with a volume larger than 10,000 gal may have openings necessary for proper venting of the lift station. The size and other design characteristics of these openings may be established based on manufacturer recommendations or engineering judgment for venting under normal operating conditions. You must describe the design of such openings and your supporting calculations and other rationale in your notification of compliance status report.
(4) For any wastewater streams that are Group 1 for both PSHAP and SHAP, you may elect to meet the requirements specified in Table 7 to this subpart for the PSHAP and then comply with paragraphs (n)(1) through (3) of this section for the SHAP in the wastewater system. You may determine the SHAP mass removal rate, in kg/hr, in treatment units that are used to meet the requirements for PSHAP and add this amount to both the numerator and denominator in Equation 1 of this section.
(o) Compliance records. For each CPMS used to monitor a nonflare control device for wastewater emissions, you must keep records as specified in Sec. 63.998(c)(1) in addition to the records required in Sec. 63.147(d).
0 11. Section 63.2495 is amended by revising paragraph (b)(1) to read as follows:
Sec. 63.2495 How do I comply with the pollution prevention standard?
* * * * *
(b) * * *
(1) You must comply with the emission limitations and work practice standards contained in Tables 1 through 7 of this subpart for all HAP that are generated in the MCPU and that are not included in consumption, as defined in Sec. 63.2550. If any vent stream routed to the combustion control is a halogenated vent stream, as defined in Sec. 63.2550, then hydrogen halides that are generated as a result of combustion control must be controlled according to the requirements of Sec. 63.994 and the requirements referenced therein. * * * * *
0 12. Section 63.2520 is amended by: 0 a. Revising paragraph (c)(4); 0 b. Revising paragraph (d)(2)(i) and (d)(2)(ix); 0 c. Revising paragraphs (e)(5) introductory text, (e)(5)(ii)(C), and (e)(5)(iii)(K) and adding new paragraph (e)(5)(iv); 0 d. Revising paragraph (e)(9); and 0 e. Revising the first two sentences of paragraph (e)(10)(i) and paragraph (e)(10)(ii)(C) to read as follows:
Sec. 63.2520 What reports must I submit and when?
* * * * *
(c) * * *
(4) Data and rationale used to support an engineering assessment to calculate uncontrolled emissions in accordance with Sec. 63.1257(d)(2)(ii). This requirement does not apply to
[[Page 40337]]
calculations of hydrogen halide and halogen HAP emissions as specified in Sec. 63.2465(b), to determinations that the total HAP concentration is less than 50 ppmv, or if you use previous test data to establish the uncontrolled emissions. * * * * *
(d) * * *
(2) * * *
(i) The results of any applicability determinations, emission calculations, or analyses used to identify and quantify HAP usage or HAP emissions from the affected source. * * * * *
(ix) Records as specified in Sec. 63.2535(l)(1) through (3) of process units used to create a PUG and calculations of the initial primary product of the PUG.
(e) * * *
(5) The compliance report must contain the information on deviations, as defined in Sec. 63.2550, according to paragraphs (e)(5)(i), (ii), (iii), and (iv) of this section. * * * * *
(ii) * * *
(C) Operating logs of processes with batch vents from batch operations for the day(s) during which the deviation occurred, except operating logs are not required for deviations of the work practice standards for equipment leaks.
(iii) * * *
(K) Operating logs of processes with batch vents from batch operations for each day(s) during which the deviation occurred. * * * * *
(iv) If you documented in your notification of compliance status report that an MCPU has Group 2 batch process vents because the non- reactive HAP is the only HAP and usage is less than 10,000 lb/yr, the total uncontrolled organic HAP emissions from the batch process vents in an MCPU will be less than 1,000 lb/yr for the anticipated number of standard batches, or total uncontrolled hydrogen halide and halogen HAP emissions from all batch process vents and continuous process vents in a process are less than 1,000 lb/yr, include the records associated with each calculation required by Sec. 63.2525(e) that exceeds an applicable HAP usage or emissions threshold. * * * * *
(9) Applicable records and information for periodic reports as specified in referenced subparts F, G, H, SS, UU, WW, and GGG of this part and subpart F of 40 CFR part 65.
(10) * * *
(i) Except as specified in paragraph (e)(10)(ii) of this section, whenever you make a process change, or change any of the information submitted in the notification of compliance status report or a previous compliance report, that is not within the scope of an existing operating scenario, you must document the change in your compliance report. A process change does not include moving within a range of conditions identified in the standard batch, and a nonstandard batch does not constitute a process change. * * * * * * * *
(ii) * * *
(C) A change from Group 2 to Group 1 for any emission point except for batch process vents that meet the conditions specified in Sec. 63.2460(b)(6)(i).
0 13. Section 63.2525 is amended by revising paragraphs (a), (c), and (e) to read as follows:
Sec. 63.2525 What records must I keep?
* * * * *
(a) Each applicable record required by subpart A of this part 63 and in referenced subparts F, G, SS, UU, WW, and GGG of this part 63 and in referenced subpart F of 40 CFR part 65. * * * * *
(c) A schedule or log of operating scenarios for processes with batch vents from batch operations updated each time a different operating scenario is put into effect. * * * * *
(e) The information specified in paragraph (e)(2), (3), or (4) of this section, as applicable, for each process with Group 2 batch process vents or uncontrolled hydrogen halide and halogen HAP emissions from the sum of all batch and continuous process vents less than 1,000 lb/yr. No records are required for situations described in paragraph (e)(1) of this section.
(1) No records are required if you documented in your notification of compliance status report that the MCPU meets any of the situations described in paragraph (e)(1)(i), (ii), or (iii) of this section.
(i) The MCPU does not process, use, or generate HAP.
(ii) You control the Group 2 batch process vents using a flare that meets the requirements of Sec. 63.987.
(iii) You control the Group 2 batch process vents using a control device for which your determination of worst case for initial compliance includes the contribution of all Group 2 batch process vents.
(2) If you documented in your notification of compliance status report that an MCPU has Group 2 batch process vents because the non- reactive organic HAP is the only HAP and usage is less than 10,000 lb/ yr, as specified in Sec. 63.2460(b)(7), you must keep records of the amount of HAP material used, and calculate the daily rolling annual sum of the amount used no less frequently than monthly. If a record indicates usage exceeds 10,000 lb/yr, you must estimate emissions for the preceding 12 months based on the number of batches operated and the estimated emissions for a standard batch, and you must begin recordkeeping as specified in paragraph (e)(4) of this section. After 1 year, you may revert to recording only usage if the usage during the year is less than 10,000 lb.
(3) If you documented in your notification of compliance status report that total uncontrolled organic HAP emissions from the batch process vents in an MCPU will be less than 1,000 lb/yr for the anticipated number of standard batches, then you must keep records of the number of batches operated and calculate a daily rolling annual sum of batches operated no less frequently than monthly. If the number of batches operated results in organic HAP emissions that exceed 1,000 lb/ yr, you must estimate emissions for the preceding 12 months based on the number of batches operated and the estimated emissions for a standard batch, and you must begin recordkeeping as specified in paragraph (e)(4) of this section. After 1 year, you may revert to recording only the number of batches if the number of batches operated during the year results in less than 1,000 lb of organic HAP emissions.
(4) If you meet none of the conditions specified in paragraphs (e)(1) through (3) of this section, you must keep records of the information specified in paragraphs (e)(4)(i) through (iv) of this section.
(i) A record of the day each batch was completed and/or the operating hours per day for continuous operations with hydrogen halide and halogen emissions.
(ii) A record of whether each batch operated was considered a standard batch.
(iii) The estimated uncontrolled and controlled emissions for each batch that is considered to be a nonstandard batch.
(iv) Records of the daily 365-day rolling summations of emissions, or alternative records that correlate to the emissions (e.g., number of batches), calculated no less frequently than monthly. * * * * *
0 14. Section 63.2535 is amended by revising paragraphs (a) and (k) to read as follows:
[[Page 40338]]
Sec. 63.2535 What compliance options do I have if part of my plant is subject to both this subpart and another subpart?
* * * * *
(a) Compliance with other subparts of this part 63. (1) If you have an MCPU that includes a batch process vent that also is part of a CMPU as defined in subparts F and G of this part 63, you must comply with the emission limits; operating limits; work practice standards; and the compliance, monitoring, reporting, and recordkeeping requirements for batch process vents in this subpart, and you must continue to comply with the requirements in subparts F, G, and H of this part 63 that are applicable to the CMPU and associated equipment.
(2) After the compliance dates specified in Sec. 63.2445, at an offsite reloading or cleaning facility subject to Sec. 63.1253(f), as referenced from Sec. 63.2470(e), compliance with the monitoring, recordkeeping, and reporting provisions of any other subpart of this part 63 constitutes compliance with the monitoring, recordkeeping, and reporting provisions of Sec. 63.1253(f)(7)(ii) or Sec. 63.1253(f)(7)(iii). You must identify in your notification of compliance status report required by Sec. 63.2520(d) the subpart of this part 63 with which the owner or operator of the offsite reloading or cleaning facility complies. * * * * *
(k) Compliance with 40 CFR part 60, subpart VV, and 40 CFR part 61, subpart V. After the compliance date specified in Sec. 63.2445, if you have an affected source with equipment that is also subject to the requirements of 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, you may elect to apply this subpart to all such equipment. After the compliance date specified in Sec. 63.2445, if you have an affected source with equipment to which this subpart does not apply, but which is subject to the requirements of 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, you may elect to apply this subpart to all such equipment. If you elect either of these methods of compliance, you must consider all total organic compounds, minus methane and ethane, in such equipment for purposes of compliance with this subpart, as if they were organic HAP. Compliance with the provisions of this subpart, in the manner described in this paragraph (k), will constitute compliance with 40 CFR part 60, subpart VV and 40 CFR part 61, subpart V, as applicable. * * * * *
0 15. Section 63.2550 is amended by: 0 a. Revising paragraph (b); 0 b. Revising the last sentence in paragraph (i) introductory text; 0 c. Revising paragraph (8) in the definition of the term ``batch process vent'' in paragraph (i); 0 d. Adding new paragraphs (6) and (7) to the definition of the term ``continuous process vent'' in paragraph (i); 0 e. Revising the definition of the term ``Group 1 continuous process vent'' in paragraph (i); 0 f. Revising the definition of the term ``isolated intermediate'' in paragraph (i); 0 g. Adding new paragraph (6) to the definition of the term ``miscellaneous organic chemical manufacturing process'' in paragraph (i); 0 h. Revising the definition of the term ``recovery device'' in paragraph (i); 0 i. Revising the definition of the term ``surge control vessel'' in paragraph (i); 0 j. Revising the introductory text of the definition of the term ``wastewater'' in paragraph (i); and 0 k. Adding, in alphabetical order, new definitions for the terms ``biofilter,'' ``continuous operation,'' ``emission point,'' ``halogen atoms,'' ``HAP metals,'' ``point of determination,'' and ``process condenser'' in paragraph (i) to read as follows:
Sec. 63.2550 What definitions apply to this subpart?
* * * * *
(b) For an affected source complying with the requirements in 40 CFR part 65, subpart F, the terms used in this subpart and in 40 CFR part 65, subpart F have the meaning given to them in Sec. 65.2. * * * * *
(i) * * * If a term is defined in Sec. 63.2, Sec. 63.101, Sec. 63.111, Sec. 63.981, Sec. 63.1020, Sec. 63.1061, Sec. 63.1251, or Sec. 65.2 and in this paragraph (i), the definition in this paragraph (i) applies for the purposes of this subpart. * * * * *
Batch process vent * * *
(8) Emission streams from emission episodes that are undiluted and uncontrolled containing less than 50 ppmv HAP are not part of any batch process vent. A vent from a unit operation, or a vent from multiple unit operations that are manifolded together, from which total uncontrolled HAP emissions are less than 200 lb/yr is not a batch process vent; emissions for all emission episodes associated with the unit operation(s) must be included in the determination of the total mass emitted. The HAP concentration or mass emission rate may be determined using any of the following: process knowledge that no HAP are present in the emission stream; an engineering assessment as discussed in Sec. 63.1257(d)(2)(ii), except that you do not need to demonstrate that the equations in Sec. 63.1257(d)(2)(i) do not apply, and the precompliance reporting requirements specified in Sec. 63.1257(d)(2)(ii)(E) do not apply for the purposes of this demonstration; equations specified in Sec. 63.1257(d)(2)(i), as applicable; test data using Method 18 of 40 CFR part 60, appendix A; or any other test method that has been validated according to the procedures in Method 301 of appendix A of this part. * * * * *
Biofilter means an enclosed control system such as a tank or series of tanks with a fixed roof that contact emissions with a solid media (such as bark) and use microbiological activity to transform organic pollutants in a process vent stream to innocuous compounds such as carbon dioxide, water, and inorganic salts. Wastewater treatment processes such as aeration lagoons or activated sludge systems are not considered to be biofilters. * * * * *
Continuous operation means any operation that is not a batch operation.
Continuous process vent * * *
(6) The references to an ``air oxidation reactor, distillation unit, or reactor'' in Sec. 63.107 mean any continuous operation for the purposes of this subpart.
(7) A separate determination is required for the emissions from each MCPU, even if emission streams from two or more MCPU are combined prior to discharge to the atmosphere or to a control device. * * * * *
Emission point means each continuous process vent, batch process vent, storage tank, transfer rack, and wastewater stream. * * * * *
Group 1 continuous process vent means a continuous process vent for which the flow rate is greater than or equal to 0.005 standard cubic meter per minute, and the total resource effectiveness index value, calculated according to Sec. 63.2455(b), is less than or equal to 1.9 at an existing source and less than or equal to 5.0 at a new source. * * * * *
Halogen atoms mean chlorine and fluorine.
HAP metals means the metal portion of antimony compounds, arsenic compounds, beryllium compounds, cadmium compounds, chromium compounds, cobalt compounds, lead compounds, manganese compounds, mercury compounds, nickel compounds, and selenium compounds. * * * * *
[[Page 40339]]
Isolated intermediate means a product of a process that is stored before subsequent processing. An isolated intermediate is usually a product of a chemical synthesis, fermentation, or biological extraction process. Storage of an isolated intermediate marks the end of a process. Storage occurs at any time the intermediate is placed in equipment used solely for storage. The storage equipment is part of the MCPU that produces the isolated intermediate and is not assigned as specified in Sec. 63.2435(d).
Miscellaneous organic chemical manufacturing process * * *
(6) The end of a process that produces a solid material is either up to and including the dryer or extruder, or for a polymer production process without a dryer or extruder, it is up to and including the extruder, die plate, or solid-state reactor, except in two cases. If the dryer, extruder, die plate, or solid-state reactor is followed by an operation that is designed and operated to remove HAP solvent or residual HAP monomer from the solid, then the solvent removal operation is the last step in the process. If the dried solid is diluted or mixed with a HAP-based solvent, then the solvent removal operation is the last step in the process. * * * * *
Point of determination means each point where process wastewater exits the MCPU or control device.
Note to definition for point of determination: The regulation allows determination of the characteristics of a wastewater stream: At the point of determination; or downstream of the point of determination if corrections are made for changes in flow rate and annual average concentration of soluble HAP and partially soluble HAP compounds as determined according to procedures in Sec. 63.144 of subpart G in this part 63. Such changes include losses by air emissions; reduction of annual average concentration or changes in flow rate by mixing with other water or wastewater streams; and reduction in flow rate or annual average concentration by treating or otherwise handling the wastewater stream to remove or destroy HAP. * * * * *
Process condenser means a condenser whose primary purpose is to recover material as an integral part of an MCPU. All condensers recovering condensate from an MCPU at or above the boiling point or all condensers in line prior to a vacuum source are considered process condensers. Typically, a primary condenser or condensers in series are considered to be integral to the MCPU if they are capable of and normally used for the purpose of recovering chemicals for fuel value (i.e., net positive heating value), use, reuse or for sale for fuel value, use, or reuse. This definition does not apply to a condenser that is used to remove materials that would hinder performance of a downstream recovery device as follows:
(1) To remove water vapor that would cause icing in a downstream condenser, or
(2) To remove water vapor that would negatively affect the adsorption capacity of carbon in a downstream carbon adsorber, or
(3) To remove high molecular weight organic compounds or other organic compounds that would be difficult to remove during regeneration of a downstream carbon adsorber. * * * * *
Recovery device means an individual unit of equipment used for the purpose of recovering chemicals from process vent streams and from wastewater streams for fuel value (i.e., net positive heating value), use, reuse, or for sale for fuel value, use, or reuse. For the purposes of meeting requirements in Table 2 to this subpart, the recovery device must not be a process condenser and must recover chemicals to be reused in a process on site. Examples of equipment that may be recovery devices include absorbers, carbon adsorbers, condensers, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units. To be a recovery device for a wastewater stream, a decanter and any other equipment based on the operating principle of gravity separation must receive only multi-phase liquid streams. * * * * *
Surge control vessel means feed drums, recycle drums, and intermediate vessels as part of any continuous operation. Surge control vessels are used within an MCPU when in-process storage, mixing, or management of flowrates or volumes is needed to introduce material into continuous operations. * * * * *
Wastewater means water that is discarded from an MCPU or control device through a POD and that contains either: an annual average concentration of compounds in Tables 8 and 9 to this subpart of at least 5 ppmw and has an annual average flowrate of 0.02 liters per minute or greater; or an annual average concentration of compounds in Tables 8 and 9 to this subpart of at least 10,000 ppmw at any flowrate. Wastewater means process wastewater or maintenance wastewater. The following are not considered wastewater for the purposes of this subpart: * * * * *
0 16. Table 2 to subpart FFFF of part 63 is amended by revising entry 1 to read as follows:
Table 2 to Subpart FFFF of Part 63.--Emission Limits and Work Practice Standards for Batch Process Vents * * * * * * *
And you must . . For each . . .
Then you must . . .
.
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Process with Group 1 batch a. Reduce collective Not applicable. process vents.
uncontrolled organic HAP emissions from the sum of all batch process vents within the process by >=98 percent by weight by venting emissions from a sufficient number of the vents through one or more closed-vent systems to any combination of control devices (except a flare); or b. Reduce collective Not applicable. uncontrolled organic HAP emissions from the sum of all batch process vents within the process by >=95 percent by weight by venting emissions from a sufficient number of the vents through one or more closed-vent systems to any combination of recovery devices or a biofilter, except you may elect to comply with the requirements of subpart WW of this part for any process tank; or
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Reduce uncontrolled For all other organic HAP emissions batch process from one or more
vents within batch process vents the process, within the process by reduce venting through a collective closed-vent system to organic HAP a flare or by venting emissions as through one or more specified in closed-vent systems item 1.a and/or to any combination of item 1.b of control devices
this table. (excluding a flare) that reduce organic HAP to an outlet concentration =1,000 lb/yr.
emissions by >=99 percent by weight or to an outlet concentration =97 percent by vents >=150 lb/yr of HAP metals.
weight.
0 18. Table 4 to subpart FFFF of part 63 is amended by revising entry 1 to read as follows:
Table 4 to Subpart FFFF of Part 63.--Emission Limits for Storage Tanks * * * * * * *
Then you must . For each . . .
For which . . .
. .
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-
Group 1 storage tank....... a. The maximum true i. Reduce total vapor pressure of HAP emissions total HAP at the
by >=95 percent storage temperature by weight or to is >=76.6 kilopascals. =95 percent by weight or to =98 percent by weight or to an outlet concentration
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