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Standards of Performance for New Stationary Sources: Volatile Organic Compound Emissions From the Synthetic Organic Chemical Manufacturing Industry Wastewater; Supplement to Proposed Rule
Related Material
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 9, 1998 (Volume 63, Number 236)]
[Proposed Rules]
[Page 67987-68036]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de98-30]
[[Page 67987]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 60
Standards of Performance for New Stationary Sources: Volatile Organic
Compound Emissions From the Synthetic Organic Chemical Manufacturing
Industry Wasterwater; Supplement; Proposed Rule
[[Page 67988]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-6172-9]
RIN 2060-AE94
Standards of Performance for New Stationary Sources: Volatile
Organic Compound Emissions From the Synthetic Organic Chemical
Manufacturing Industry Wastewater; Supplement to Proposed Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Supplemental to proposed rule and notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: On September 12, 1994, the EPA proposed Standards of
Performance for New Stationary Sources: Volatile Organic Compound
Emissions from the Synthetic Organic Chemical Manufacturing Industry
Wastewater. On October 11, 1995, the EPA issued a supplement to the
proposal. The action proposed today clarifies and revises the
previously proposed rule and proposes to add Appendix J to part 60.
Volatile organic compounds (VOC), when emitted into the ambient
air, are precursors to the formation of tropospheric ozone. A wide
variety of acute and chronic respiratory health effects and welfare
(e.g., agricultural, ecosystem) effects have been attributed to
concentrations of ozone commonly measured in the ambient air throughout
the U.S.
Appendix J to part 60, How to Determine Henry's Law Constants, Fm
Values, Fr Values, and Fe Values for Organic Compounds, is being
proposed today. This appendix provides the methodology for determining
Henry's law constants, fraction measured (Fm) values, fraction removed
values (Fr), and fraction emitted (Fe) values.
DATES: Comments. Comments must be received on or before February 8,
1999. Requests for a hearing must be received on or before December 24,
1998.
Public Hearing. Anyone requesting a public hearing must contact the
EPA no later than December 24, 1998. If a hearing is held, it will take
place on January 8, 1999, beginning at 10:00 a.m.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-94-32 (see docket section below), Room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC 20460.
Public Hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina. Persons interested in attending the hearing or wishing
to present oral testimony should notify Ms. JoLynn Collins, U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711,
telephone (919) 541-5671 or by electronic mail (e-mail) to
collins.jolynn@epamail.epa.gov.
Docket. Docket No. A-94-32, containing the supporting information
for the proposed NSPS, are available for public inspection and copying
between 8:00 a.m. and 5:30 p.m., Monday through Friday, at the EPA's
Air and Radiation Docket and Information Center, Waterside Mall, Room
M-1500, first floor, 401 M Street SW, Washington, DC 20460, or by
calling (202) 260-7548 or 260-7549. A reasonable fee may be charged for
copying.
Portions of the HON wastewater docket, Docket No. A-90-23,
specifically sections II-A, II-B, II-I, III-B, IV-A, IV-B, IV-J, and
VII-B, are incorporated by reference into Docket No. A-94-32 and are
available at the Air and Radiation Docket and Information Center as
well.
FOR FURTHER INFORMATION CONTACT: For questions about this proposed
rule, contact Ms. Mary Tom Kissell, Waste and Chemical Processes Group,
telephone (919) 541-4516 or e-mail to kissell.mary@epamail.epa.gov. Her
mailing address is Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711. For
questions about Fm, Fr, Fe, Henry's law constants, or WATER8, contact
the Air Emissions Models Hotline, telephone (919) 541-5610. For
questions about applicability, contact the appropriate EPA regional
office or Ms. Marcia Mia, Office of Enforcement and Compliance
Assurance, telephone (202) 564-7042.
SUPPLEMENTARY INFORMATION: Comments on the revisions to the proposal
may also be submitted electronically by sending e-mail to: a-and-r-
docket@epamail.epa.gov. Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments will also be accepted on diskette in WordPerfect
6.1 or ASCII file format. All comments in electronic form must be
identified by the docket number A-94-32. No Confidential Business
Information (CBI) should be submitted through e-mail. Electronic
comments may be filed online at many Federal Depository Libraries.
I. Regulated Entities and Background Information
A. Regulated Entities
The regulated category and entities affected by this action are
included in Table 1 of this preamble.
Table 1.--Examples of Regulated Entities
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Category Examples of regulated entities
------------------------------------------------------------------------
Industry............................... Synthetic organic chemical
manufacturing industry (SOCMI)
units, e.g., producers of
benzene, toluene, or any other
chemical listed in Table 1 of
40 CFR part 60, subpart YYY.
------------------------------------------------------------------------
Table 1 is not intended to be exhaustive but, rather, provides a
guide for readers regarding entities likely to be interested in the
revisions to the regulation affected by this action. Entities
potentially regulated by the SOCMI wastewater NSPS are those which
produce as primary products any of the chemicals listed in table 1 of
40 CFR part 60, subpart YYY. To determine whether your facility is
regulated by this action, you should carefully examine all of the
applicability criteria in Sec. 60.770. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
B. Health and Welfare Effects of VOC
VOC, when emitted into the ambient air, are precursors to the
formation of ozone at ground-level, where it can be harmful to breathe.
It is the prime component of smog in cities. Exposure to ozone is
associated with health effects and damage to vegetation. Ozone impairs
normal functioning of the lungs and reduces the ability to perform
physical exercise; the effects are more severe in individuals with
sensitive respiratory systems. Symptoms associated with ozone exposure
include cough, chest pain, and throat irritation. Emerging health
effects information suggests some healthy adults engaged in moderate
exercise for 6 to 8 hours may experience symptoms and reduction in lung
function even at exposure levels below the current ozone health
standard. Of perhaps greater concern are the potential chronic health
effects that may result from repeated exposure to ozone over many
seasons or a lifetime, such as inflammation of lung tissue, which
precedes permanent scarring of lung tissue. Animal studies have shown
that chronic ozone exposures of months to years do indeed cause
permanent
[[Page 67989]]
reductions in lung function and lung tissue damage.
Children are at a higher risk from ozone exposure than adults. They
breathe more air per pound of body weight than adults and they spend
more time outdoors, especially in the summer, when exposure to ozone is
more prevalent. Because children's respiratory systems are still
developing, they are more susceptible than adults to environmental
threats.
Studies of the major cash crops in the U.S. indicate that ozone is
responsible for several billion dollars in agricultural crop yield loss
each year. Ozone also causes noticeable foliar damage in many crops
which reduces marketability and value. Finally, it appears that ozone
is responsible for forest and ecosystem damage, which may be exhibited
as foliar damage, reduced growth rate, and increased susceptibility to
insects and disease.
Some VOC that would be regulated by this rule, including benzene,
hexane, methyl ethyl ketone, toluene, and naphthalene, are also organic
hazardous air pollutants. These organic hazardous air pollutants are
known to cause a range of adverse health effects such as: increased
risk of cancer, aplastic anemia, pancytopenia, chromosomal breakages,
weakening of bone marrow, polyneuropathy (muscle weakness and
numbness), and cataracts and anemia in infants.
C. Background on the Rule
On September 12, 1994 (59 FR 46780), the EPA proposed the NSPS for
SOCMI wastewater in the Federal Register. On October 11, 1995 (60 FR
52889), the EPA published a supplement to the proposed NSPS for SOCMI
wastewater in the Federal Register. Both of these notices are also
available on EPA's Technology Transfer Network (TTN) via the Internet.
The Internet address is http://www.epa.gov/ttn/. Select the CHIEF
Bulletin Board once you access the TTN and then select the menu item
Title I. The file names are socmireg.zip and suplprop.zip,
respectively.
II. Overview of Changes to the Proposed Rule
Today the Agency is proposing revisions that are designed to
clarify provisions of the proposed 40 CFR, part 60, subpart YYY. These
proposed revisions address some of the public comments received in
response to the September 1994 and October 1995 notices and incorporate
some of the provisions promulgated in the HON, published on January 17,
1997 (62 FR 2721). If promulgated, the proposed revisions retain the
same basic control requirements and best demonstrated technology as the
proposed rule. Best demonstrated technology for this rule was discussed
in the September 12, 1994 preamble, 59 FR 46733. A summary of the
revisions is provided in the following paragraphs.
The applicability and date of compliance section (Sec. 60.770) has
been revised to improve clarity and incorporate certain concepts
relevant to applicability of the rule. Concepts such as designated
chemical process unit and primary product have been added. The
requirement that an affected facility must generate a wastewater stream
has been removed. Modified facilities will have to be in compliance by
initial startup or promulgation, whichever is later. In addition,
provisions have been added to Sec. 60.772 to clarify how to determine
whether an affected facility has been modified.
Seven sections have been substantially revised in today's
amendments to improve clarity and to incorporate the new ``point of
determination'' concept discussed in section VI. of this preamble. The
seven sections address the following topics: criteria for determining
the Group 1 and Group 2 wastewater streams (Sec. 60.773); compliance
options for wastewater tanks, surface impoundments, containers,
individual drain systems, and oil-water separators (Sec. 60.774);
performance standards for process wastewater (Sec. 60.779); procedures
for determining Group 1 and Group 2 wastewater streams (Sec. 60.782);
procedures for demonstrating compliance (Sec. 60.783); alternative
monitoring and recordkeeping systems, one excursion per control device
per day, excused excursions, clarification of monitoring parameter
value violations, and Notification of Compliance Status (Sec. 60.784);
and recordkeeping provisions (Sec. 60.785). Also, sections addressing
aqueous in-process streams (Sec. 60.775); maintenance wastewater
(Sec. 60.776); and, start-up, shutdown, and other provisions
(Sec. 60.787) have been added.
Changes are also proposed to the sections governing control
devices, delay of repair, monitoring, recordkeeping, and reporting, and
the proposed rule's relationship to other rules. The list of SOCMI
chemicals that trigger the rule's applicability was previously in
Sec. 60.788; it is now in Table 1 to subpart YYY. Other tables have
been added to the subpart, and all the tables have been renumbered.
As a result, today's provisions are being proposed in Secs. 60.770
through 60.789, in Tables 1 through 14, and in appendix J to part 60.
This preamble is organized in the order of the proposed rule sections.
III. Revisions to Requirements for Determining Applicability and
Date of Compliance (Sec. 60.770)
A. Applicability and Affected Facility Determination
1. Overview of Applicability and Affected Facility Determination
The application of the NSPS to SOCMI wastewater facilities under
both the September 1994 proposal and today's revisions is predicated on
a chemical process unit (CPU) that produces a chemical on the list of
SOCMI chemicals in Table 1, and that commences construction or
reconstruction, or is modified after September 12, 1994. However,
today's revisions add the designated CPU concept, remove the
requirement that an affected facility must generate a wastewater, add
the primary product concept, provide a list of processes which are not
considered SOCMI processes, clarify how storage vessels are assigned to
a CPU, and include other clarifying edits.
2. Chemical Process Unit and Designated Chemical Process Unit
The term ``chemical process unit'' is used instead of ``process
unit,'' which was used in the September 1994 proposal. These two terms
and the term ``chemical manufacturing process unit'' used in the HON
have essentially the same meaning. The difference is that the
definition of chemical process unit does not include transfer racks.
Transfer racks were removed from the definition because the amount of
wastewater they generate is insignificant and more difficult to control
as compared to individual drain systems and storage vessels.
The chemical process unit (CPU) is the basis for determining
whether the process equipment is SOCMI as it was for the original
proposal. As explained in section IV.D. of the September 12, 1994
preamble, using the CPU as the basis for the applicability
determination has several advantages including maintaining consistency
with the HON and reflecting industry construction practices.
While the CPU is the basis for determining SOCMI, today's revisions
propose using the ``designated CPU'' as the basis for determining
whether construction, reconstruction, or modification has occurred. The
designated CPU is either the entire CPU, a process line within the CPU,
or a combination of process lines within the CPU. The owner or operator
may assign
[[Page 67990]]
either a process line, or combination of process lines, within the CPU
as a designated CPU. However, once the assignment of process lines and
associated storage vessels has been made, it is irrevocable.
EPA believes incorporating the designated CPU concept would add
flexibility for industry while supporting EPA's long-term goals of
protecting human health and the environment. Industry commented that
the cost of compliance with the rule would, in some cases, be many
times greater than the cost of the change. This could result in
unintended consequences, such as reluctance to make process
improvements, that would be damaging to industry's ability to compete
in the world market. In addition, EPA believes that changes in SOCMI
are on-going and that most designated CPU's would meet the
applicability criteria of the rule over time.
The proposed rule excludes certain processes from the definition of
CPU because they are not SOCMI processes, but are sometimes associated
with SOCMI. Other SOCMI rules have also excluded these processes. The
processes excluded are as follows: (1) research and development
facilities; (2) petroleum refining processes (but not CPU located at
petroleum refinery plant sites); (3) chemical process units located in
coke by-product recovery plants; (4) solvent reclamation, recovery, or
recycling operations at hazardous waste treatment, storage, and
disposal facilities (TSDF) requiring a permit under 40 CFR 270 that are
not part of a CPU; and, (5) organic chemicals extracted from natural
sources or totally produced from biological synthesis such as pinene
and beverage alcohol. Determinations for excluding processes must be
based on the designation for the process unit, in contrast to the plant
site.
3. CPU Must Manufacture a SOCMI Product as its Primary Product
Today's action incorporates the concept of ``primary product'' into
the rule's applicability determination. The primary product
determination is made for a CPU. If the product(s) of the CPU, on a
mass basis, are comprised of 50 percent or more of the SOCMI chemicals
listed in Table 1 of the rule, the CPU's primary product is SOCMI. For
purposes of this rule, ``product'' includes products, co-products, and
by-products manufactured by the CPU. ``Product'' does not include
isolated intermediates, impurities, wastes, and trace contaminants.
The primary product determination is dependent upon the quantity of
each chemical produced by the CPU and whether expected use of the CPU
is known. The primary product provisions address both cases: (1) the
expected use of the CPU is known for a 12-month period and (2) the
expected use of the CPU is unknown for a 12-month period. When owners
or operators know the expected use of the CPU, the primary product
determination is based on the mass of product produced. If a CPU
produces 50 percent or more, by mass, of the chemicals listed in Table
1, the primary product is SOCMI.
For some contract manufacturing units, the owner or operator may
not be able to predict production sufficiently to make a primary
product determination. In these cases, the primary product of the CPU
is SOCMI once the facility begins producing a SOCMI chemical or has a
contract to produce a SOCMI chemical.
EPA adopted the primary product approach to simplify applicability
determinations, to limit the applicability of the rule to those CPU
that produce mostly the chemicals listed in Table 1 of the rule, and to
make the proposed rule more like the HON.
The revised proposed rule simplifies the determination of SOCMI in
two ways. First, together with the definition of ``product,'' it
clarifies the meaning of the terms ``product'' and ``to produce'' and
the correct way to decide whether a source ``produces'' a listed
chemical. Second, the primary product concept provides clear criteria
for making a determination.
The primary product concept also limits the applicability of the
rule to CPU that produce mostly SOCMI products. In the September 1994
proposal, by-products, co-products, and intermediates produced by the
CPU and listed in Table 1 of the rule, in any amount, made the CPU a
SOCMI unit. This could have resulted in numerous non-SOCMI process
units, such as pharmaceutical units, being designated SOCMI and being
subject to the SOCMI Wastewater NSPS. The proposal addresses this by
establishing the 50 percent threshold. Although this change will reduce
the number of CPU affected by the rule, it more accurately reflects the
SOCMI source category.
EPA believes that making the SOCMI Wastewater NSPS as much like the
HON as possible will facilitate implementation of the rule. The HON and
the SOCMI Wastewater NSPS will regulate the same types of process units
and treatment processes, and in some cases, the same process units and
treatment processes. Thus, the primary product concept was adopted for
the proposal.
Today's revisions use expected annual production as the basis for
determining the mass for each product. Expected annual production is
proposed instead of annual design capacity to accommodate CPU designed
and operated to manufacture more than one chemical. Typically these
facilities are contract manufacturing facilities, also known as tolling
or multi-purpose facilities or flexible operations facilities. Using
expected annual production allows a facility to more closely represent
actual production rather than basing the primary product decisions for
each chemical on annual design capacity. The facility would also have
to report the CPU's annual design capacity. However, EPA is concerned
whether this approach creates potential burden for regulating agencies
and requests comment on whether expected production or design capacity
should be used.
4. Designated CPU Must Have Been Constructed, Reconstructed or Modified
After September 12, 1994
To be subject to this proposed rule, a designated CPU must have
been constructed, reconstructed, or modified after September 12, 1994.
5. Affected Facility Must Generate a Process Wastewater, a Maintenance
Wastewater, and/or an Aqueous In-Process Stream for Control
Requirements To Apply
In the original proposal, an affected facility had to be a process
unit that generated wastewater. ``Wastewater'' included process
wastewater and maintenance wastewater. Today's revised proposal removes
``generating wastewater'' as a criteria for determining applicability.
This change to the applicability determination was done for two
reasons. First, to remove maintenance wastewater from triggering
applicability of the rule to a designated CPU. Maintenance wastewater
is generally more difficult to quantify and EPA believes is a less
significant source of VOC emissions than process wastewater for this
source category. Second, in the September 1994 proposal, ``wastewater''
was defined as ``an organic containing water . . .,'' without regard to
the concentration of VOC in the wastewater. Today's revised proposal,
adds a concentration of 50 part per million, by weight, (ppmw) into the
wastewater definition. Thus, low concentration wastewater streams that
would have triggered applicability in the original proposal would not
do so with the revised wastewater definition. EPA intends that a
designated CPU that is
[[Page 67991]]
new or reconstructed or modified after September 12, 1994 and that is
part of a CPU that produces SOCMI as its primary product control
process wastewater streams, maintenance wastewater streams, and aqueous
in-process streams when the streams are generated.
EPA recognizes that affected facilities that do not generate
wastewater or aqueous in-process streams should not be subject to all
the reporting and recordkeeping requirements. Therefore, EPA has
specified that affected facilities that do not generate process
wastewater streams, maintenance wastewater streams, or aqueous in-
process streams are exempt from most of the provisions of the subpart.
If the affected facility began generating a process wastewater stream,
a maintenance wastewater stream, or aqueous in-process stream, it would
have to comply with all applicable provisions of the subpart at the
time of the change.
6. Applicability of Part 60 and Part 63 General Provisions
Today's proposal adds table 2 and table 2A, which clarify the 40
CFR part 60 and part 63 general provisions that apply to this rule.
There was a need for selected part 63 general provisions to apply to
this part 60 rule because the part 60 general provisions do not contain
certain provisions that were used by the HON and are necessary for
compliance with this rule. The applicable part 63 general provisions
pertain to the start-up, shutdown, and malfunction plan, performance
testing requirements, control device requirements, and delegated
authority.
B. Date of Compliance
In October 1995 the Agency proposed to allow modified sources
undergoing significant capital improvements an additional three years
to come into compliance with the SOCMI Wastewater NSPS. The additional
time would have been subject to the Administrator's approval and would
have required documentation of the need for more time.
Today's revised proposal would require that all affected facilities
be in compliance with the NSPS no later than initial start-up of an
affected facility or promulgation of the rule, whichever is later.
In response to the September 1994 proposal, several commenters
wrote that the applicability and compliance provisions were unclear
making it difficult for them to implement any requirements. In
addition, EPA recognizes that some facilities may require several
months or years lead time to complete large capital projects such as
retrofitting sewers and designing and installing steam strippers.
Facilities need time to determine whether the rule applies to them,
familiarize themselves with the rule, choose a compliance option,
design the necessary equipment, and construct and renovate as needed.
To provide time for facilities that commenced construction,
reconstruction, or modification between September 12, 1994 and the
promulgation date, EPA is proposing to promulgate this rule no earlier
than spring 2000. Appendix J to part 60 may be promulgated earlier.
Facilities commencing construction, reconstruction, or modification
after the promulgation date will be required to be in compliance upon
initial start-up. As is the case under all other NSPS, facilities will
have to plan ahead to complete any necessary construction at a facility
so as to be in compliance with the NSPS upon start-up of operations.
Today's revised proposed rule would limit modifications to changes
costing 12.5 percent or more of the cost of the existing facility. This
is discussed in section V. of this preamble. Because the cost test
precludes relatively smaller changes from triggering the NSPS, only
larger projects will be modifications. The larger projects take more
time to plan and implement, giving the facility time to plan for
compliance. Therefore, the facilities that become modified after the
promulgation date will have adequate notice of the requirements and
sufficient time to plan for compliance.
IV. Revisions to the Definitions (Sec. 60.771)
A. Overview of Changes to the Definitions
1. Definitions Added
Significant changes were made to the definition section of the
rule. The following definitions were added to Sec. 60.771: aqueous in-
process stream; automated monitoring and recording system; chemical
process unit; closed biological treatment process; designated chemical
process unit or designated CPU; enhanced biological treatment system or
enhanced biological treatment process; flexible operation unit; Fbio;
Fe; Fr;, Fr; fuel gas; fuel gas system; incinerator; initial start-up;
modification; non-automated monitoring and recording system; on-site or
onsite; open biological treatment process; petroleum refining process
or petroleum refining process unit; plant site; point of determination;
product; recapture device; recovery device; research and development
facility; shutdown; specific gravity monitoring device; start-up;
start-up, shutdown, and malfunction plan; steam jet ejector; storage
vessel; tank drawdown; unit operation; volatile organic compound or
VOC; and wastewater tank.
2. Definitions Removed
The following definitions were removed from Sec. 60.771: mass flow
rate, operating parameter value, point of generation, process unit,
process unit shutdown, tank, and volatile organic concentration.
3. Definitions Changed
The following definitions were changed: annual average
concentration, annual average flow rate, boiler, closed-vent system,
container, continuous record, continuous recorder, continuous seal,
control device, cover, duct work, flame zone, flow indicator, hard-
piping, individual drain system, oil-water separator or organic water
separator, process wastewater, residual, sewer line, temperature
monitoring device, treatment process, waste management unit,
wastewater, and wastewater seal controls. Most of these revisions were
to make the definitions in today's proposed rule consistent with those
in the HON.
B. Significant Definitional Changes
Significant definitional changes proposed are as follows: revisions
to the ``wastewater'' definition; revisions to the ``product''
definition; replacement of the ``point of generation'' (POG) definition
with ``point of determination'' (POD) definition; addition of
``closed'' and ``open biological treatment process'' definitions;
addition of the ``enhanced biological treatment system'' definition;
revisions to the ``individual drain system'' definition; and, revisions
to the ``VOC'' definition.
The definitions of ``wastewater,'' ``recovery device,'' and ``point
of generation'' were revised to clarify EPA's intent concerning which
VOC-containing waters are in-process fluids regulated by the provisions
in Sec. 60.775 and which are wastewater and regulated by the provisions
in Sec. 60.773 and Sec. 60.779 through Sec. 60.783.
1. Revised Wastewater Definition
The most significant change proposed today to the ``wastewater''
definition is the addition of the concept of ``discard.'' This concept
is fundamental to distinguishing which fluids exiting the CPU are
subject to the SOCMI Wastewater NSPS provisions in Sec. 60.773. Adding
``discard'' to the definitions provides a clear demarcation
[[Page 67992]]
between those fluids no longer useful to that production process, i.e.,
discarded, and those fluids that add value to that production process.
Together with the point of determination and aqueous in-process stream
concepts, the revised definition of wastewater makes it easier for
facilities and regulatory authorities to implement the rule.
2. Replaced Point of Generation With Point of Determination
Today's revised proposal changes the definition of ``point of
generation'' to ``point of determination.'' The change is to reflect a
conceptual difference. ``Point of generation'' was defined in the
September 1994 proposed rule as ``the location where process wastewater
exits the process unit equipment.'' In today's revised proposal, it has
been replaced by ``point of determination'', which is defined as ``each
point where the process wastewater exits the chemical process unit,''
often the last recovery device. The need for and significance of this
change is discussed in more detail in section VI.B. of this preamble.
3. Recovery Device
Today's revised proposed rule includes a revised definition of
``recovery device.'' The proposed definition of ``recovery device''
differs from the existing definition in order to reflect the revised
approach to the definition of ``wastewater'' and to reflect the fact
that deviations from normal operations do occur. This was discussed in
the HON preamble of August 26, 1996 (61 FR 43710).
The revised definition of ``recovery device'' is intended to
eliminate the potential for sham transactions involving the ``sale'' of
wastewater by limiting the concept of sales to sales for the same
general purposes for which chemicals may be recovered and used within
the facility (i.e., use, reuse, or burning as fuel). The EPA believes
that the revised definition is broad enough to encompass any sale that
is not a sham since ``use'' and ``reuse'' are very general concepts.
The definition also differs from the existing definition in that the
word ``normally'' now modifies the phrase ``used for the purpose of
recovering. . . .'' This change was made to recognize that occasional
exceptions to normal usage can and will arise.
4. Added Definitions for Closed Biological Treatment Process, Open
Biological Treatment Process, and Enhanced Biological Unit
Definitions for closed biological treatment process, open
biological treatment process, and enhanced biological treatment system
were added to the definitions in Sec. 60.771. The new definitions are
necessary to make distinctions among biological treatment processes
which allow the incorporation of more flexible and less burdensome
compliance demonstrations for some facilities. This is discussed in
more detail in the discussion of changes to Sec. 60.783 in section XI.
of this preamble.
5. Modified Individual Drain System Definition
The definition for individual drain system would be modified to
clarify three key concepts and incorporate minor wording changes. The
definition in today's proposal would clarify that only stationary
systems are included in the definition; that individual drain systems
are used to convey residuals as well as wastewater streams; and that
the individual drain system does not include in-process equipment as
described in Sec. 60.775.
6. Modified VOC Definition
VOC, for the purposes of this subpart, are defined to be those
substances already defined as volatile organic compounds in 40 CFR
section 51.100(s) and that are not excluded or exempted by that
section, except that any substance with a Henry's law constant less
than or equal to 0.1 y/x atmosphere per mole fraction as determined
according to Appendix J of this subpart is not a VOC for the purposes
of this subpart.
This definition of VOC reflects EPA's belief that chemicals with
lower Henry's law constants are not a significant source of VOC
emissions from wastewater. A Henry's law constant of 0.1 y/x at
25 deg.C is similar to the lowest Fe value for the HAP controlled by
the HON. In selecting which compounds to control, EPA also considered a
compound's biodegradability and Fr value. In general, lower volatility
compounds are already significantly biodegraded and are not removed to
a significant extent by steam stripping.
V. Revisions to Requirements for Determining Modification
(Sec. 60.772)
1. Modification
Today's proposed rule revises Sec. 60.772 to clarify how to
determine whether a designated CPU has been modified such that it is
subject to the SOCMI Wastewater rule. The revisions add a definition of
``modification'' in Sec. 60.771; clarify that the designated CPU is
used as the basis of modification determinations; provide exclusions to
modification; and, provide procedures to determine increases from
process wastewater and aqueous in-process streams.
Modification, as defined in Sec. 60.771, means ``any physical
change in, or change in the method of operation of, an existing
designated CPU which increases or creates emissions to the atmosphere
of VOC from process wastewater and/or aqueous in-process streams
generated by the designated CPU, except as provided in
Sec. 60.772(c).'' This definition supersedes for the purposes of
subpart YYY the definition in Sec. 60.2 of the General Provisions to 40
CFR, part 60. The proposed definition incorporates the concept that
only process wastewater and aqueous in-process streams are considered
for modification determinations; maintenance wastewater is not
considered. It also states that the basis of the modification is the
designated CPU, making the modification provisions consistent with the
applicability provisions for subpart YYY.
Today's revisions also replace the exclusions to what constitutes a
modification in Sec. 60.14(e) of the general provisions with four
exclusions. Three of these are similar to exclusions provided by
Sec. 60.14(e)--maintenance, repair, and replacement, including
replacement of spent catalyst with the same catalyst; increase in hours
of operation; and, relocation or change in ownership of an existing
facility.
The fourth exclusion is for changes that cost less than 12.5
percent of the cost of the existing designated CPU. This concept is
also used in the SOCMI rule for equipment leaks, subpart VV to part 60.
It is meant to encompass any change, including, an increase of
production rate, environmental control, and bottleneck removal. One
reason a percent cost exclusion was added is in recognition that SOCMI
equipment routinely undergoes small changes and that EPA does not
intend small changes to constitute a modification for this rule.
Another reason is that this exclusion provides a clear and simple
statement of what is not a modification. EPA chose 12.5 percent because
12.5 percent was used in the SOCMI rule for equipment leaks, subpart VV
to part 60. In addition, the General provisions to part 60 use the 12.5
percent level in an exclusion for an increase in production rate (see
Sec. 60.14(e)(2), Sec. 60.14(2), definition of ``capital expenditure,
and Internal Revenue Service Publication 534). When two or more
physical or operational changes are reasonably viewed as a project, the
cost of the entire project should be considered when determining the
12.5 percent.
Today's proposed revisions add provisions for determining whether
an increase in VOC emissions from process
[[Page 67993]]
wastewater or aqueous in-process streams has occurred or will occur.
The proposed provisions make a distinction between flexible operations
units and non-flexible operations units. The flexible operations units,
which manufacture more than one product, choose one product as a
baseline against which to compare emissions that occur due to changes.
This approach was outlined in a memo entitled ``Clarification of
Methodology for Calculating Potential to Emit (PTE) for Batch Chemical
Production Operations' which was issued by John S. Seitz, the director
of EPA's Office of Air Quality Planning and Standards, to the 10 EPA
Regional Offices on August 29, 1996.
For both flexible operation units and non-flexible operation units,
the owner or operator would calculate VOC emissions before and after a
physical or operational change. The owner or operator may elect to
determine the amount of VOC emissions by calculating VOC mass flow rate
in the wastewater as a surrogate for VOC emissions or by calculating
VOC emissions using a fraction emitted, Fe, value. The Fe value may be
either a default Fe value or a site-specific Fe value. The default Fe
values are listed in Table 2 of the proposed appendix J to this part.
The site-specific Fe values are determined according to the procedures
and forms specified in the proposed appendix J to this part.
Once the VOC mass flow rate or VOC emissions have been determined
both before and after the change, they must be compared to determine
whether the change caused an increase in VOC emissions to the
atmosphere. When emissions are determined using mass flow rate as a
surrogate for emissions, the VOC mass flow rate before the change for
all process wastewater streams affected by the change are compared to
the VOC mass flow rate after the change for all process wastewater
streams affected by the change. The same comparison is done for aqueous
in-process streams. If either comparison, i.e., the process wastewater
comparison or the aqueous in-process streams comparison, demonstrates
that VOC mass flow rate has increased after the change, the designated
CPU is modified and becomes an affected facility. In contrast, when
emissions are determined using Fe values, the sum of all affected
process wastewater streams and all affected aqueous in-process streams
before the change are compared to the sum of all affected aqueous in-
process streams and all affected process wastewater streams after the
change.
2. Reconstruction
Today's revisions clarify when costs begin accumulating for
purposes of reconstruction, clarify the accumulation period, and add a
requirement for documentation. The reconstruction of an affected
facility subjects it to the NSPS because the replacement of the
components of an existing facility eventually results in a new
facility. The general provisions to 40 CFR, part 60 sets the level of
replacement that constitutes reconstruction at 50 percent or greater of
the cost of constructing a comparable new facility. EPA is proposing
that the first day replacement costs for actual work, i.e., dismantling
of equipment or construction, on the facility are incurred, the costs
are ``charged'' to the designated CPU for the purpose of determining
reconstruction. When replacement of components is reasonably viewed as
a project, the cost of the entire project would be charged to the first
day expenses were incurred. All replacement costs must be counted
toward the reconstruction cost, regardless of whether costs arise from
different projects.
The September 12, 1994 proposal set a time period of two years as
the period that project costs should be aggregated and counted toward
reconstruction. Today's notice clarifies that the two year period is a
rolling two year period. A rolling two year period is not based on a
specific set of dates. A rolling two year period allows any day to be
used as the beginning point for the two year period. Thus, the two year
period can be considered to any 730 consecutive days. The rolling two
year period should be examined to see if all combined replacements to
the facility cost 50 percent or more of the cost of constructing a new
facility that would be comparable in cost to the existing facility. The
cost of all projects incurred within a two year period would be added
together.
VI. Revisions to the General Requirements for Process Wastewater
(Sec. 60.773)
The EPA is proposing changes to the general process wastewater
provisions in Sec. 60.773. These provisions provide instructions on how
to determine if a process wastewater stream requires control and the
general outline of requirements for process wastewater streams. These
changes are consistent with the changes made to the wastewater
provisions in the HON rule. Significant changes proposed include the
following: requirements for determining whether wastewater streams
require control by determining Group 1 or Group 2 status, replacement
of point of generation with point of determination, addition of
prohibition of discarding certain organic material into water or
wastewater, and the addition of off-site treatment requirements. The
off-site treatment provisions require that an owner or operator may
only ship to a facility that has certified that it will treat the
wastewater to the standard required by the rule.
A. Group 1/Group 2 Status Determination
The EPA is proposing using Group 1 and Group 2 terminology to
determine whether a process wastewater stream requires control for VOC.
Determination of whether a process wastewater stream is Group 1 or
Group 2 is based on annual average concentration and flow rate
criteria. Control requirements for Group 1 wastewater streams require
that VOC emissions be controlled until the VOC are either removed from
the wastewater or destroyed. Group 2 wastewater streams are required to
comply with certain recordkeeping and reporting requirements. The
proposed control criteria of 500 ppmw at a flow rate of 1 liter per
minute (lpm) or 10,000 ppmw at any flow rate have not changed.
B. Change From Point of Generation to Point of Determination
Today's revised proposed rule predicates the determination of the
applicability of control requirements to a wastewater stream on its
characteristics at the point where the wastewater stream exits the last
piece of processing equipment. The new location for determining the
characteristics of a wastewater stream is being called the point of
determination (POD) to distinguish it from the POG concept used in
other air rules for waste and wastewater such as the Benzene Waste
NESHAP. In instances where the wastewater stream exits the process
equipment and is not sent to a recovery device that recovers chemicals
for fuel value, use, reuse, or for sale (for fuel value, use, or reuse)
the POD would be the same as the POG location. The POD concept proposed
for this rule is the same as used in the HON.
The EPA's intent in developing the POD approach is to have a clear
decision criterion that specifies the location for evaluation of a
wastewater stream for the purposes of control. The POD encompasses each
point where process wastewater exits the last piece of process
equipment, often the last recovery device. There can be multiple POD
associated with a CPU or
[[Page 67994]]
designated CPU. This proposed definition of POD would allow a facility
to recover chemicals for fuel value, use, reuse or for sale (for fuel
value, use, or reuse). As with the POG, under the POD approach owners
and operators would not be allowed to mix streams together for the
purpose of escaping compliance by the diluting of wastewater streams.
Under the POD approach, process units conveying process fluids in the
chemical process unit are subject to the requirements established in
Table 6 of the rule. Table 6 is consistent with the suppression
requirements for a wastewater stream requiring control. Again, the
intent is to allow process fluids that have recovery potential to be
sent to recovery devices; however, these fluids are required to be
managed to limit VOC emissions to the atmosphere. Process fluids that
do not have recovery potential are considered wastewater streams at the
point where the stream exits the process equipment. A more detailed
discussion is available in section IV.D. of the HON preamble published
on August 26, 1996 (61 FR 43698).
C. Prohibition of Discarding Certain Organic Materials into Water or
Wastewater
Language that prohibits discarding of certain organic material into
water or wastewater has been added to Sec. 60.773. Specifically, liquid
or solid organic materials containing greater than 10,000 parts per
million of VOC may not be discarded into water or wastewater unless the
receiving stream is managed and treated as a Group 1 wastewater stream.
The prohibition would exclude equipment leaks; activities included in
maintenance or start-up/shutdown/malfunction plans; spills; and
samples. This paragraph was added to ensure that high concentration
organic streams, such as off-specification product, are discarded only
to individual drain systems and treatment processes meeting the
requirements for Group 1 wastewater streams.
D. Addition of Off-Site or Third-Party Treatment Requirements
Today's proposed rule would allow owners and operators to transfer
Group 1 wastewater streams or residuals off-site for treatment provided
the transferee certifies to EPA (and provides a copy to the owner or
operator) that it will manage and treat the wastewater streams or
residuals in accordance with this rule's provisions. These provisions
were revised to provide a means to allow transfers of treatment
responsibility without holding the owner or operator responsible for
the actions of another and are consistent with the HON provisions.
VII. Revisions to Requirements for Wastewater Tanks, Surface
Impoundments, Containers, Individual Drain Systems, and Oil-Water
Separators (Sec. 60.774)
Today's revised proposed rule adds additional compliance options
for wastewater tanks, surface impoundment, containers, individual drain
systems, and oil-water separators. The six compliance options that may
be selected are as follows: HON, part 63, subparts F and G; Standard-
standards, part 63, subparts QQ, PP, RR, and VV; Petroleum Refinery,
part 60, subpart QQQ; RCRA, part 264, subpart CC; RCRA, part 265,
subpart CC; and Benzene Waste, part 61, subpart FF.
Table 3 was added to today's revised proposed rule in order to
indicate which of the six compliance options may be used as a control
option for wastewater tanks, surface impoundment, containers,
individual drain systems, and oil-water separators. Table 5 was added
to today's revised proposed rule in order to identify the control
requirements, monitoring provisions, recordkeeping provisions,
reporting provisions, control device provisions, leak detection
provisions, and delay of repair provisions for each of the six
compliance options.
As shown in Table 3, the owner or operator must comply with the
control requirements for one of the six compliance options. If an owner
or operator has a waste management unit that is subject to any of the
six compliance options, then the owner or operator may choose to comply
with the delay of repair provisions, monitoring provisions,
recordkeeping provisions, reporting provisions, control device
provisions, and leak detection provisions in the selected compliance
option or in this subpart. If an owner or operator was not subject to
the control requirements for any of the six compliance options, then
the owner or operator must comply with the delay of repair provisions,
monitoring provisions, recordkeeping provisions, reporting provisions,
control device provisions, and leak detection provisions of this
subpart.
VIII. Addition of Requirements for Control of Certain Aqueous In-
Process Streams (Sec. 60.775)
The revisions adding a new Sec. 60.775 and Table 6 are an outgrowth
of the change from the point of generation (POG) concept of the
September 1994 rule to the point of determination (POD) concept in
these revisions. As discussed in Section XI. of this preamble, the
point of the determination concept is replacing the point of generation
concept. The purpose of this new section is to ensure that VOC-
containing fluids are properly managed in closed systems. Table 6 lists
the applicable requirements for a drain or drain hub, manhole, lift
station, trench, oil-water separator, and a tank.
In developing the point of determination approach, the EPA assumed
that fluids containing organic compounds within the process would be
managed in closed systems to minimize losses of a recoverable material.
The provisions in Table 6 and the new Sec. 60.775 were designed to
ensure that conveyance and handling of process fluids containing
volatile organic compounds would be handled in a manner consistent with
the requirements for wastewater streams subject to control.
IX. Addition of Requirements for Maintenance Wastewater
(Sec. 60.776)
The EPA is proposing changes to the maintenance wastewater
requirements in the proposed rule. In the September 1994 proposal,
maintenance wastewater and process wastewater were subject to the same
provisions in Sec. 60.773 and Sec. 60.779. The maintenance wastewater
provisions, which can now be found in Sec. 60.776 of the rule, were
changed to be consistent with the HON maintenance wastewater
provisions. The provisions require the owner or operator to provide a
description of their procedures for managing wastewater generated from
the emptying and purging of equipment in the process during temporary
shutdowns for inspections, maintenance, and repair and during non-
shutdown periods such as routine maintenance. A description of these
procedures will be included in a facility's start-up, shutdown, and
malfunction plan.
X. Addition of Requirements for Determining Stream-Specific List of
VOC (Sec. 60.778)
Today's revised proposed rule provides a procedure that would allow
a facility to develop a stream-specific list of VOC. The stream-
specific list of VOC could be used to estimate changes in emissions for
modification determinations, to make Group 1 and Group 2
determinations, and to make compliance demonstrations. EPA believes
adding these provisions provides flexibility without sacrificing
compliance assurance. EPA is proposing to add these requirements as
Sec. 60.778.
[[Page 67995]]
A. Group 1 and Group 2 Determinations and Modification Determinations
When a stream-specific list of VOC is needed to make a Group 1
determination, the owner or operator must identify up to 75 chemicals
(those with the greatest mass). The chemicals on the stream-specific
list must represent at least 90 percent of the total VOC in the process
wastewater stream. Chemicals with a concentration less than 1 ppmw can
be excluded from the list. Method 25 D in appendix A to part 60 must be
used when at least 90 percent of the total VOC in the wastewater stream
cannot be identified. The same procedures are used when a stream-
specific list of VOC is needed to estimate changes for modification
determinations.
B. Compliance Determinations
When a stream-specific list is needed to make a compliance
determination, three cases exist. The first case is when an owner or
operator knows at least 90 percent of the total VOC in the wastewater
stream. In this case, each chemical that has a mass of 5 percent or
greater, must be included on the list. If less than half of the total
VOC in the wastewater stream are represented by chemicals with a mass
of 5 percent or greater, each chemical, up to 75 chemicals, must be on
the stream-specific list. The second case is when an owner or operator
knows at least 50 percent of the total VOC in the wastewater stream. In
this case, the chemicals with the greatest mass that can be identified
up to 75 chemicals are required to be included on the stream-specific
list. For both of these cases, the owner or operator must: (1) ensure
the stream-specific list of VOC is adequate to demonstrate compliance,
and (2) document the method used to determine concentration and total
VOC in the wastewater stream.
The third case is for all other streams. An owner or operator who
cannot identifiy at least 50 percent of the total VOC in the wastewater
stream must choose a compliance option that does not require
speciation. Three compliance options do not require speciation: (1) the
design steam stripper option (Sec. 60.779(d)); the 95 percent and
outlet reduction of 50 ppmw mass removal/destruction option for
nonbiological treatment process (Sec. 60.779(e)(2)); and, the steam
stripper three compound option (Sec. 60.779(e)(3)).
XI. Revisions to Requirements for--Performance Standards for
Process Wastewater (Sec. 60.779)--Procedures for Determining Which
Process Wastewater Streams Require Control (Sec. 60.782)--
Procedures for Determining Compliance (Sec. 60.783)
A. General
Three sections of today's proposed rule, Secs. 60.779, 60.782, and
60.783, were revised to incorporate the point of determination concept
and to add flexibility in the compliance demonstration for facilities
using biological treatment processes to meet the requirements of
subpart YYY. These revisions are based mostly on the HON. Revisions to
Sec. 60.782 include the addition of methods and an alternative
validation procedure. The three sections referenced above are discussed
together because a change made to one has generally also been made to
the other sections. A specific change will be discussed where it first
appears or has the most impact.
B. Changes to Sec. 60.779, Process Wastewater Provisions--Performance
Standards for Treatment Processes Managing Group 1 Wastewater Streams
and/or Residuals Removed From Group 1 Wastewater Streams
Section 60.779 contains provisions for control of Group 1
wastewater streams and residuals from Group 1 wastewater streams. The
most significant changes proposed to Sec. 60.779 are: adoption of the
Group 1/Group 2 terminology from the HON; deletion of the recycling
control options; clarification on how to use speciated options within
the existing compliance option framework; technical corrections to the
design steam stripper specifications and removal of unnecessary
specification of steam quality; clarification of compliance
demonstration procedures that may be used for biological treatment
processes; clarification that treatment in series is allowed; addition
of provisions for a 1 megagram facility-wide exemption; and
clarification of when design evaluations may be used to demonstrate
compliance instead of performance tests.
1. Deletion of Recycling Options From Sec. 60.779
The recycling option is unnecessary under the POD concept which
replaces the POG concept. The recycling option allowed an owner or
operator to achieve compliance by recycling a process stream to a
process unit. The recycling provisions in paragraph (d) of the
September 1994 proposed rule would have required that the wastewater or
residual not be exposed to the atmosphere and that waste management
units in contact with the wastewater streams or residual comply with
control and inspection and monitoring requirements. With the proposed
point of determination concept, the recycling option would become
redundant because as long as a fluid stays in the process, it would not
be a wastewater subject to the provisions of Sec. 60.779; instead, it
would be an aqueous in-process stream subject to the provisions of
Sec. 60.775.
2. Addition of Simplified Compliance Demonstration for Steam Strippers
Today's revisions include a compliance option for steam strippers
that bases compliance on three VOC--methanol, ethylene glycol monobutyl
ether acetate, and methyl ethyl ketone. This compliance option requires
that the Fr value, expressed as a percentage, be achieved for each of
the three compounds. This simplifies compliance demonstration by
requiring a demonstration for three compounds instead of up to 75
compounds. This option could be used by a facility without identifying
the compounds in the wastewater stream that are going to the steam
stripper.
The EPA has defined design and operating specifications for a steam
stripper, called the design steam stripper. The design steam stripper
is the basis of the wastewater control requirements. Other steam
strippers may provide equivalent or superior performance to the design
steam stripper. Equivalent performance to the design steam stripper can
be demonstrated based on compounds not present in the wastewater
stream.
EPA chose methanol, ethylene glycol monobutyl ether acetate, and
methyl ethyl ketone because they cover a range of volatilities.
Methanol is only partially removed by the design steam stripper, and
methyl ethyl ketone is removed at levels greater than 95 percent. The
methanol removal is used to verify the steam rate. The methyl ethyl
ketone removal is used to verify the separation performance of the
steam stripper. The Henry's law constant of ethylene glycol monobutyl
ether acetate is in between the Henry's law constant of methanol and
methyl ethyl ketone. Consequently, the percent of ethylene glycol
monobutyl ether acetate removed by the steam stripper should be in
between the percents removed for the other two compounds. This helps
provide verification of steam stripper performance.
When design evaluations are used to demonstrate compliance, the
design
[[Page 67996]]
evaluation is based on the three compounds. The proposal specifies
Henry's law constants at a 100 deg.C, expressed in atmosphere per mole
fraction, that must be used in the design evaluation. These Henry's law
constants and the Fr values for each compound are listed in Table 2 of
this preamble.
Any computer model that can be used for accurate prediction of the
steam stripper system of concern can be used. Depending on the
complexity of the steam stripper system, some computer models may not
be appropriate. Some examples of computer model failures include
particulate buildup in the column, lack of ability to predict liquid
phase separation, inability to partition compounds into oil and
emulsified oil, and inadequate thermodynamic properties for the system
of interest.
Table 2.--Three Compounds Used for New Compliance Option and Associated
Henry's Law Constants and Fr Values
------------------------------------------------------------------------
Henry's
law
Fraction constant
removed at 100
Compound (Fr deg. C
value) (atm per
mole
fraction)
------------------------------------------------------------------------
Methanol.......................................... 0.31 7.73
Ethylene glycol monobutyl ether................... 0.76 24.96
Methyl ethyl ketone............................... 0.95 59.2
------------------------------------------------------------------------
When performance tests are used to demonstrate compliance, if the
wastewater stream entering the steam stripper does not contain all
three compounds, the wastewater stream must be spiked so that the
percent removal of the compounds can be determined.
Today's revisions include two other compliance options that do not
require speciation. They are the 95 percent mass removal with an outlet
VOC concentration of 50 ppmw option and the design steam stripper
option. EPA is aware that some in the regulated community are working
to develop a nonspeciated method to demonstrate compliance with
biological treatment units. If this procedure is demonstrated to be
effective, EPA will consider adding it to these provisions.
3. Clarification That Treatment in Series is Allowed
The September 1994 proposed rule intended that more than one
treatment process could be used to comply with the rule. Today's
revised proposed rule explicitly provides for treatment in series in
Secs. 60.779 and 60.783 and clarifies EPA's intent on this issue.
Although all Group 1 wastewater streams or residuals must be conveyed
in controlled individual drain systems, treatment in series may be used
whether or not treatment processes are connected by hard-piping.
However, inlet and outlet mass flow rate determination for compliance
demonstration differ, depending on whether hard-piping is used to
connect treatment processes and whether a biological treatment process
is part of the series.
4. Revised Provisions for the One Megagram Source-wide Exemption
The provisions for the 1 megagram option were clarified and revised
and were moved from Sec. 60.770 into Sec. 60.779. In the September 1994
proposed rule, the 1 megagram exception could have been applied to each
affected process at the plant site. The 1 megagram exemption in today's
revised proposed rule is a source-wide exemption that is to be shared
among affected facilities at the plant site. This change makes the rule
more consistent with the HON.
C. Alternative Methods to Method 25D Used in Sec. 60.782
Today's revised proposed rule would allow use of alternative
methods for Group 1 or Group 2 determinations for process wastewater
streams in lieu of Method 25D for all compliance options. The EPA
reviewed Methods 624, 625, 1624, and 1625 and has determined that these
methods may be used with certain additional requirements. These
requirements are specified in Sec. 60.782(b) of today's proposed rule.
Other methods may be used if they are validated by the Method 301
validation procedure. EPA's review of these methods was discussed in
section IV.F. of the HON preamble of 26 August 1996 (61 FR 43698).
D. Changes to Sec. 60.783, Process Wastewater--Test Methods and
Procedures To Determine Compliance
Section 60.783 indicates how to demonstrate compliance with the
performance standards in Sec. 60.779. Several significant changes are
proposed to this section.
1. Reorganization of Sec. 60.783
In today's proposal, three clarifications to Sec. 60.783 are of
particular note: (1) conditions under which a performance test or
design evaluation is allowed or under which neither is required are
specified in paragraphs (a)(1) and (a)(2); (2) new paragraphs (a)(3)-
(a)(7) specify the following performance test and compliance
determination guidance: performance tests and compliance determinations
are to be conducted according to 63.7(a) of subpart A of 40 CFR part 63
and this subpart, the Administrator should be notified of the intention
to conduct a performance test at least 30 calendar days before the
performance test is scheduled, certain operating conditions apply when
conducting tests, data should be reduced and validated, and how to
apply for a performance test waiver; and (3) ``representative operating
conditions'' for treatment processes and control devices are specified
in paragraphs (a)(8) and (a)(9) of Sec. 60.783. The reorganized section
would also make provisions for measuring concentration and flow rate
consistent throughout the section.
2. Demonstrating Compliance for Biological Treatment Processes and
Addition of ``Enhanced Biological Treatment Process'' Concept
Today's revised proposed rule would add paragraph (h) which (1)
describes how to determine the site-specific fraction of VOC
biodegradated (Fbio); (2) clarify that biological treatment processes
must use one of the required mass removal options to comply with the
rule; (3) add flexibility in demonstrating compliance for biological
treatment processes; and (4) add provisions that allow a subset of VOC
to be used to demonstrate compliance.
Paragraph (h)--how to determine Fbio--is added to make the
provisions easier to locate. In addition, Sec. 60.783(h), together with
appendix C to part 63, provide more flexibility to the owner or
operator to demonstrate compliance for biological treatment processes.
The September 1994 proposed rule required owners and operators using
biological treatment processes to demonstrate compliance using appendix
C to part 63 to determine Fbio. Today's revisions recognize that for
some biological treatment processes, those EPA has designated
``enhanced biological treatment processes,'' a less rigorous
determination of Fbio is sufficient to demonstrate compliance. This
concept is discussed below.
When a biological treatment process is used, one of the required
mass removal options, Sec. 60.779(f) or (g), must be chosen as the
compliance option. The provisions that may be used to demonstrate
compliance depend on whether the biological treatment process is open
or closed. In each case, the proposed rule specifies which compliance
demonstration provisions may be used.
For open biological treatment processes, volatilization is an
important
[[Page 67997]]
concern. Therefore, to demonstrate compliance, the owner or operator
must determine the mass of VOC that are removed due to biodegradation
rather than volatilization. If the open biological treatment process is
an enhanced biological treatment process, the source would have more
flexibility in demonstrating compliance.
3. Performance Requirements for Open Biological Treatment Processes
Today's revised proposed rule lists 24 compounds in Table 14. This
list of compounds would be used together with other provisions to
specify how the source may demonstrate compliance. Table 14 may only be
used for wastewater streams treated in an enhanced biological treatment
system as defined by the proposed revisions to the rule. The basis of
the list is discussed in detail in the HON preamble of 26 August 1996
(61 FR 43698), in the HON preamble of January 17, 1997 (62 FR 2722), in
the HON preamble of August 22, 1997 (62 FR 44608), and in Docket A-90-
23.
A performance demonstration would not be required for enhanced
biological treatment systems that receive wastewater streams that
require control and that contain only Table 14 compounds. An example
would be an activated sludge unit that meets the proposed enhanced
biological treatment system definition and treats Group 1 wastewater
streams that contain only methanol and nitrobenzene (proposed Table 14
compounds). For enhanced biological treatment systems treating
wastewater containing compounds other than those on proposed Table 14,
a performance demonstration is required.
Today's revisions offer several techniques for demonstrating
compliance for an open biological treatment unit meeting the proposed
definition of an enhanced biological treatment system. The
demonstration is performed by estimating the Fbio for the system using
the first order biodegradation constant (K1) and the forms in appendix
C to part 63. The owner or operator may use any of the procedures
specified in 40 CFR part 63, appendix C to calculate the site-specific
K1s for VOC. The owner or operator may elect not to calculate site-
specific biodegradation rate constants but instead to calculate Fbio
for the Table 14 compounds using the defaults for K1s in Table 14 and
to follow the procedure explained in Form IIA of appendix C. For all
other VOC treated in a unit meeting the definition of ``enhanced
biological treatment system,'' the owner or operator is allowed to use
any of the procedures specified in 40 CFR part 63, appendix C, to
calculate the site-specific K1. Biological treatment units not meeting
the definition of an enhanced biological treatment system are allowed
to determine the Fbio using the site-specific K1 values determined by
any of the procedures in appendix C to part 63 except procedure 3
(inlet and outlet concentration measurements).
The EPA believes that today's proposed revisions to the biological
treatment option adds additional flexibility without sacrificing
reduction of emissions. By separating VOC into the proposed Table 14
compounds and all other VOC and allowing different performance
requirements depending on the properties of the compounds on proposed
Table 14, additional options have been made available to the owner/
operator. The flexibility allowed by not requiring that the site-
specific fraction biodegraded be determined for all VOC in the
wastewater stream is predicated on the underlying assumption that the
wastewater is treated in an enhanced biological treatment system.
4. Meaning of Enhanced Biological Treatment Unit
The definition of ``enhanced biological treatment system or
enhanced biological treatment process'' is intended to reflect the
basis for the simplified compliance approach for some systems. The list
of compounds in Table 14 were developed by modeling performance of an
activated sludge system that was a thoroughly mixed biological
treatment unit (Docket number A-90-23, item VII-B-8). The definition of
enhanced biological treatment process includes a description of a
``thoroughly mixed treatment unit.'' ``Thoroughly mixed treatment
unit'' is intended to convey the concept of an activated sludge system
that is designed and operated to approach or achieve the
characteristics of a completely back mixed system. Because the EPA does
not intend the definition to only allow systems with perfect uniformity
in characteristics, a ``thoroughly mixed treatment unit'' would be
described as a unit that is ``designed and operated to approach or
achieve uniform biomass distribution and organic compound concentration
throughout the aeration unit by quickly dispersing the recycled biomass
and the wastewater entering the unit.'' This description is intended to
recognize that well-designed complete mix systems may still have small
insignificant stagnant zones or other minor deviations from complete
mixing. The meaning of enhanced biological treatment system in this
subpart is meant to be exactly the same as its meaning in the HON.
The EPA realizes that many units have varying degrees of uniformity
in biomass distribution and organic compound concentration throughout
the biological unit. The EPA is developing additional information to
assist in determining whether a biological treatment unit is thoroughly
mixed and meets the enhanced biological treatment system definition.
When finished, the additional information will be available from the
Air and Radiation Docket and Information Center and on the EPA's
Technology Transfer Network (TTN).
5. Equations in Sec. 60.783
Many of the equations in Sec. 60.783 were revised to make
mathematical corrections or to make the equations consistent with the
rest of the rule and with the HON. The terms in the equations were
changed to make them consistent as well.
6. Compounds not Required To Be Considered in Performance Tests
Today's revised proposed rule adds Sec. 60.783(a)(6) which
specifies when compounds can be excluded from in a performance test.
These provisions were added because EPA recognizes that not all VOC are
present in a wastewater stream; and not all compounds need to be
measured to demonstrate compliance, i.e., measuring a predominant
compound may be enough to show the mass removal necessary to achieve
compliance. These provisions would also provide that compounds present
at concentrations less than 1 ppmw at the POD or compounds present at
the POD at concentrations less than the lower detection limit where the
lower detection limit is greater than 1 ppmw may be excluded from the
performance test. This provision was added to avoid imposing an
unnecessary analytical burden.
XII. Revisions to Requirements for Delay of Repair (Sec. 60.777)
and Control Devices (Sec. 60.780)
Today's revised proposed rule changes the control device provisions
in Sec. 60.780. The delay of repair provisions previously included in
this section have been moved to Sec. 60.777. The delay of repair
provisions in Sec. 60.777 reflect changes and clarifications made to
the HON delay of repair provisions for process wastewater in the
January 17, 1997 HON rule amendments. The revised provisions allow
delay of repair for any of the following situations: (1) the repair is
technically infeasible without a shutdown, or the emissions of purged
material from immediate repair
[[Page 67998]]
would be greater than emissions likely to result from delay of repair,
(2) the equipment has been emptied or is no longer used to treat or
manage Group 1 wastewater streams, and (3) additional time is necessary
to obtain parts.
XIII. Revisions to Requirements for Inspections and Monitoring
(Sec. 60.781)
Today's revised proposed rule changes the inspection and monitoring
provisions in Sec. 60.781. The changes clarify that for each excursion,
except for excused excursions, the owner or operator has failed to
apply control in a manner that achieves the required operating
conditions. Failure to achieve the required operating conditions is a
violation of the standard.
XIV. Revisions to Reporting Requirements (Sec. 60.784)
Today's revised proposed rule changes the reporting provisions in
Sec. 60.784. These changes are consistent with the reporting provisions
in the HON rule. Significant changes proposed include: allowing
alternative monitoring and recordkeeping systems, including non-
automated systems and data compression systems; clarifying that only
one excursion per control device per day can occur; the addition of one
excused excursion per control device per semiannual period;
clarification of monitoring parameter value violations; and the
addition of a report name, the Notification of Compliance Status, to
describe compliance demonstration information that must be reported.
A. Alternative Monitoring and Recordkeeping Systems
Today's revised proposed rule would allow owners or operators the
option to request approval to use alternative monitoring and
recordkeeping systems. This change will allow owners or operators to
use existing systems. Alternative monitoring systems specifically
discussed in the rule include non-automated systems and data
compression systems. These systems will be allowed on a site-specific
basis and requests for approval of alternative monitoring must be
submitted prior to the implementation of the alternative monitoring
system for which approval is being requested.
Another type of alternative monitoring system allows reduced
recordkeeping. Under this alternative, the owner or operator may use a
monitoring system capable of detecting unrealistic or impossible data.
The monitoring system must be equipped with an alarm or other means for
alerting the owner or operator when unrealistic or impossible data is
generated. Use of such a monitoring system allows the owner or operator
to retain only the daily average value and would not require retention
of more frequent monitored operating parameter values. Additional
monitoring system requirements and recordkeeping requirements for this
program are specified in Sec. 60.785.
If after 6 months no excursions have occurred, the owner or
operator is no longer required to record the daily average value for
any operating day when the daily average value is less than the maximum
or greater than the minimum established limit. If an excursion occurs
after the owner or operator has ceased recording daily average values,
the owner or operator must resume retaining the daily average value for
each operating day until another period of 6 consecutive months has
passed without an excursion.
B. One Excursion per Control Device
Commenters requested that the rule specifically state that not more
than one excursion per control device per operating day is possible.
The rule was clarified to say that if one parameter meets the excursion
criteria of the rule, then that is considered a single excursion for
the control device. If the control device has multiple parameters that
are monitored, and more than one of the parameters meets the excursion
criteria, it is still considered a single excursion for the control
device.
C. Excused Excursions
Commenters stated that excused excursions were necessary to account
for the inevitable and unanticipated operating parameter fluctuations
that occur during normal operation of control devices. The commenters
stated that a certain number of excursions could be expected even with
properly operated pollution control devices. The proposed rule requires
the owner or operator to record a daily average for each control device
with continuously monitored parameters. The EPA is proposing to allow
one excused excursion per control device per six month reporting
period. Excused excursions may be appropriate when a technology
standard, such as the standard mandated in section 111 of the CAA, is
predicated on the best demonstrated control. EPA has determined that
even properly operated and maintained control equipment may not perform
perfectly over time and that this may be taken into account when
determining best demonstrated control.
The proposed one excused excursion per semiannual reporting period
equates to roughly one-half percent of the days in the reporting
period. As discussed in the HON preamble, the time allowed as excused
excursions was selected based on information about the types of events
that cause parameter excursions; the duration of the typical
excursions; and, the frequency of the events that create excursions. In
addition, the proposed approach to excused excursions would provide
consistency with the HON.
Examples of events that could cause excursions that would count
toward the number of excused excursions are as follows: a thermocouple
failure in an incinerator; water contamination in a condenser; off-
specification feedstocks; electrical problems; control valve problems
such as leaky pneumatic drivers; and extreme environmental conditions.
Events that are considered malfunctions under the Start-up, Shut-down,
and Malfunction Plan required by this subpart are to be handled
separately and would not be counted toward the allowed number of
excused excursions. In addition, the provisions for excused excursions
are not meant to allow actions that are specifically disallowed by
other sections of the NSPS or the General Provisions, such as bypass of
a control device.
D. Monitoring Parameter Value Violations
Under earlier NSPS and NESHAP programs, parameter monitoring has
traditionally been used as a tool in determining whether control
devices are being maintained and operated properly. However, section
114(a)(3) of the Act and Sec. 70.6(c) of the operating permit rule (57
FR 32251, July 21, 1992) require the submissions of ``compliance
certifications'' from sources subject to the operating permit program.
Affected facilities would be subject to the operating permit program.
Sources must certify whether compliance was continuous or intermittent,
as well as their compliance status at the end of the reporting period.
In light of these requirements, the Agency has considered how sources
subject to this rule would demonstrate compliance.
EPA has considered several approaches for monitoring requirements
and has determined that one or more continuous monitoring systems
provide the best compliance assurance. EPA has developed a hierarchy
for selecting monitoring requirements. The hierarchy is: (1) continuous
emissions monitoring; (2) continuous emissions monitoring for surrogate
emissions; (3) operating parameters monitoring; and, (4) work practice
requirements. The choice of monitoring system selected should be based
on availability, cost, and effectiveness.
[[Page 67999]]
For many waste management units, today's revisions specify good
work practices, including periodic inspections. For control devices and
treatment processes, today's revisions either specify, or require the
owner or operator to establish appropriate monitoring parameter values.
Today's revisions specify that operating above the approved maximum
value or below the approved minimum value for monitoring parameter
values is a violation of the standard.
E. Notification of Compliance Status
The term ``Notification of Compliance Status'' has been added to
the rule to provide a report name for compliance demonstration
information that must be submitted to the EPA. Most of the information
required to be submitted in the Notification of Compliance Status was
already required under the September 1994 proposed rule. Types of
information that would be included in the Notification of Compliance
Status include results of emission point group determinations,
performance tests, inspections, continuous monitoring system
performance evaluations, values of monitored parameters established
during performance tests, and other information used to demonstrate
compliance. The Notification of Compliance Status is a one time report
submitted for each affected facility. The term ``Notification of
Compliance Status'' was chosen because it is also used in the HON.
In addition, the rule was revised to clarify that when performance
tests and group determinations based on measurements are performed,
only one complete test report is necessary for each test method used
for a particular kind of emission point. Results and other required
information still must be submitted.
A time frame for submittal of the Notification of Compliance Status
was added to the rule. The rule was revised to say that the
Notification of Compliance Status is due within 150 days after the
compliance dates for the rule. This time frame is consistent with the
time frame for the Notification of Compliance Status in the HON.
Tables 9 through 12 were also revised to reflect changes made to
the HON tables and to require that the information in the tables be
submitted as part of the Notification of Compliance Status. Tables 5,
7, 8, and 13 were also revised to reflect HON table changes.
XV. Revisions to Recordkeeping Requirements (Sec. 60.785)
Today's revised proposed rule changes the recordkeeping provisions
in Sec. 60.785. The changes clarify the periods during which monitoring
data should not be included in the daily average: monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments; start-ups; shutdowns; malfunctions; periods of non-
operation of the chemical process unit (or portion thereof), resulting
in cessation of the emissions to which the monitoring applies.
The EPA also added data retention provisions. Under these
provisions, records and reports required by the rule must be kept and
must be accessible for 5 years.
Provisions for keeping continuous records and calculating daily
averages have been clarified in the proposed rule. Provisions were
added to clarify the frequency with which monitoring systems should
record data and which of this data are necessary to demonstrate
continuous compliance. The provisions require the monitoring system to
measure data values at least once every 15 minutes. Each measured data
value or block average values for 15-minute or shorter periods are used
to calculate hourly average data values. The hourly average values are
used to calculate daily average values. For days when all recorded
values for a monitored parameter are below the minimum or above the
maximum established value, the owner or operator may record that all
values were below the maximum or above the minimum established
operating parameter value. The 15-minute value must be retained for
operating days when the daily average value of the monitored parameter
is above the maximum or below the minimum established value. These
provisions are consistent with the continuous record provisions in the
HON.
XVI. Revisions to Additional Requirements--Start-up, Shutdown,
Malfunction, and Non-Operation, and Alternative Means of Emission
Limitation, and Permits (Sec. 60.787)
Today's revised proposed rule adds provisions for proper operation
and maintenance of the affected facility during periods of start-up,
shutdown, malfunction, and non-operation. The provisions require that
the owner or operator of each affected facility develop a written
start-up, shutdown, and malfunction plan, to be kept on-site, which
would describe procedures for operating and maintaining the affected
facility during periods of start-up, shutdown, and malfunction, and a
program for corrective action for malfunctioning process and air
pollution control equipment used to comply with this subpart.
Appropriate reporting and recordkeeping of periods of start-up,
shutdown, and malfunction are specified in this section. This change
makes the rule more consistent with the HON.
New provisions have also been added for approval of an alternative
means of emission limitation if the alternative achieves a reduction in
VOC emissions at least equivalent to the reduction achieved under this
subpart. Approved alternatives are published in the Federal Register.
This change makes the rule more consistent with the HON.
Provisions directing owners or operators to obtain a permit under
the operating permit program are also included in this section.
XVII. Revisions to Leak Inspection Requirements (Sec. 60.786)
Today's revised proposed rule changes the leak inspection
provisions in Sec. 60.786. These changes mirror the changes made to
Sec. 63.148, Leak inspection provisions, of the HON rule in the January
17, 1997 amendments (62 FR 2775).
XVIII. Revisions to List of SOCMI Chemicals (Table 1)
EPA reviewed the list of proposed SOCMI chemicals on Table 1 of the
rule and made spelling corrections and removed some duplicate
compounds. EPA is considering removing other chemicals from Table 1 and
requests comment on whether any chemicals should be added to or deleted
from Table 1.
XIX. Addition of Appendix J to Part 60
Today's revised proposed rule adds Appendix J to part 60, How to
Determine Henry's Law Constants, Fm Values, Fr Values, and Fe Values
for Organic Compounds. This appendix provides the methodology for
determining Henry's law constants, fraction measured (Fm) values,
fraction removed values (Fr), and fraction emitted (Fe) values.
The development of these values is discussed in ``Correction to the
report dated February 2, 1994 ``Estimation of Air Emissions from model
wastewater collection and treatment plants'' and ``Estimation of
Compound Properties: Correlations for Fm, Fr, Fe, and Fet.'' (Docket
item A-90-23, IV-B-4 and Docket item A-94-32, IV-A-1)
The proposed appendix has four sections. Section 2 contains the
procedures for determining Henry's law constants, Fm values, Fr values,
and Fe values. Section 3 describes how to
[[Page 68000]]
locate certain resources. Section 4 contains five tables and thirteen
forms.
The appendix would be used to:
1. Determine whether a chemical has a Henry's law constant at
25 deg. C that is less than 0.1 y/x atmosphere per mole fraction.
2. Determine a fraction measured (Fm) value for a chemical.
3. Subtract the concentration of a chemical from a Method 25D
concentration.
4. Determine the fraction removed (Fr) value for a chemical that
has a Henry's law constant at 25 deg. C that is greater than or equal
to 0.1 y/x atmosphere per mole fraction.
5. Determine the fraction emitted (Fe) value for a chemical that
has a Henry's law constant at 25 deg. C that is greater than or equal
to 0.1 y/x atmosphere per mole fraction.
6. Calculate a Henry's law constant at a specific temperature using
a Henry's law constant at a different temperature for the same
chemical.
XX. Administrative Requirements
A. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1697.02) and a copy may be obtained from Sandy Farmer,
Regulatory Information Division; U.S. Environmental Protection Agency
(2137); 401 M St., SW; Washington, DC 20460 or by calling (202) 260-
2740.
Information will be collected as required in the General Provisions
to part 60 and the requirements in the reporting and recordkeeping
sections of the proposed rule. The information will be used to ensure
compliance with the standard.
The changes included in today's revised proposed rule do not affect
the information collection burden estimates prepared for the September
1994 proposal. The changes consist of revised definitions, alternative
test procedures, and clarifications of requirements. The proposed
changes do not include new or additional requirements. Consequently,
the ICR has not been revised for this rule, although it has been
resubmitted to OMB.
The estimated annual cost and hour burden per respondent is about
$4,830 and 150 hours, per respondent. Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
federal agency. This includes the time needed to review instructions;
develop, acquire, install, and use technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
The Agency requests comments on the need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing the respondent burden, including through the use of
automated collection techniques. Send comments on the ICR to the
Director, Regulatory Information Division; U.S. Environmental
Protection Agency (2137); 401 M St., S.W.; Washington, D.C. 20460; and
to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th St., N.W., Washington, D.C. 20503,
marked ``Attention: Desk Officer for EPA.'' Include the ICR number in
any correspondence. Since OMB is required to make a decision concerning
the ICR between 30 and 60 days after [insert date of publication in
Federal Register], a comment to OMB is best assured of having its full
effect if OMB receives it by [insert date 30 days after publication in
the Federal Register]. The final rule will respond to any OMB or public
comments on the information collection requirements contained in this
proposal.
B. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether the
proposed regulatory action is ``significant'' and, therefore, subject
to OMB review and the requirements of the Executive Order. The Order
defines ``significant'' regulatory action as one that is likely to lead
to a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in State, local, or tribal governments or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The September 1994 proposal was considered ``not significant''
under Executive Order 12866. The revisions proposed today clarify the
September 1994 proposed rule. As revised the proposed rule does not add
any new control requirements. Therefore, this regulatory action is
considered ``not significant'' and was not reviewed by OMB.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) provides that, whenever an
agency promulgates a proposed rule under 5 U.S.C. Sec. 553, an agency
must prepare an initial regulatory flexibility analysis unless the head
of the agency certifies that the proposed rule will not have a
significant economic impact on a substantial number of small entities.
The EPA has evaluated the impact of this proposed regulation on small
entities. Based upon the analysis, and pursuant to section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605 (b), I certify that this
rule will not have a significant impact on a substantial number of
small entities.
The SOCMI Wastewater NSPS applies to new and modified sources.
Existing sources may be subject to the NSPS in the event these
facilities are modified. Since the regulation is applicable to new
sources or existing sources that modify facilities, the actual entities
impacted by the regulation are not known precisely. This is
particularly true with regard to new sources. Due to the difficulties
in predicting those facilities that will be subject to the rule, the
EPA looked at two data sources for information: the regulatory
flexibility analysis performed for the HON and the SOCMI wastewater
database.
The EPA analyzed SOCMI for impacts on small business when the HON
was developed. Since the HON and the SOCMI wastewater NSPS will affect
the same and similar facilities and the emission control requirements
are similar, the EPA believes that the analysis done for the HON is
valid for this rule as well. The HON analysis, which was based on 66
firms, concluded that fewer than 15 percent of
[[Page 68001]]
the firms were small firms and that they do not constitute a
substantial number. Furthermore, the economic analysis for the HON
projected generally small impacts (87 percent of the analyzed sample
were projected to have output changes of less than 2 percent).
Therefore, the HON was not expected to have a significant economic
impact on a substantial number of small firms. The regulatory
flexibility analysis for the HON is discussed in 59 FR 19449 (April 22,
1994).
The EPA next considered a database created from surveys sent to
industry under the authority of section 114 of the Act. This database,
called the SOCMI 114 database, includes information on SOCMI-generated
wastewater streams. The EPA used the database as another way to assess
potential impacts on small entities.
The 25 facilities in the SOCMI 114 database used to make this
assessment are owned by 9 companies. All of these facilities produce
chemicals in either Standard Industrial Classification (SIC) 2869
(Industrial Chemicals, N.E.C.) or SIC 2821 (Plastic Materials,
Synthetic Resins, and Nonvulcanizable Elastomers). The Small Business
Administration (SBA) defines a small business for SIC 2869 and SIC 2821
to be companies with less than 1000 and 750 employees, respectively.
Each of the 9 companies in the SOCMI 114 database are not small
businesses within the SBA definition. Based upon this database, no
small businesses are expected to be directly impacted by the SOCMI
Wastewater NSPS. The economic impacts of this regulation for the
facilities in the SOCMI 114 database are also anticipated to be minimal
with price and quantity impacts of less than 1 percent.
The small business analysis conducted for this regulation indicates
that companies potentially affected by the NSPS are large companies
(SOCMI 114 database) or are not anticipated to be significantly
impacted by the regulation (HON regulatory flexibility analysis). Thus,
the EPA concludes that this regulation will not have a significant
impact on a substantial number of small entities as specified in the
RFA.
D. Unfunded Mandates Reform Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), the EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate or to the private sector, of $100
million or more in any one year. Under Section 205, the EPA must select
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. The EPA has determined
that today's proposed rule contains no regulatory requirements that
might significantly or uniquely affect small governments.
The EPA has determined that today's proposed rule does not include
a Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate or
to the private sector. Therefore, the requirements of the Unfunded
Mandates Act do not apply to this action.
E. Executive Orders 12875 and 13084
Today's action does not impose any unfunded mandate upon any State,
local, or tribal government; therefore, Executive Orders 12875 and
13084 do not apply to this rulemaking.
Under E.O. 12875 and E.O. 13084, EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local or Tribal government unless the Federal Government
provides the necessary funds to pay the direct costs incurred by the
State, local or Tribal government or EPA provides to the Office of
Management and Budget a description of the extent of the prior
consultation and written communications with representatives of
affected State, local and Tribal governments and an Agency statement
supporting the need to issue the regulation. In addition, E.O. 12875
and E.O. 13084 require EPA to develop an effective process permitting
elected officials and other representatives of State, local and Tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
F. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (the NTTAA), Pub. L. No. 104-113, sec. 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices, etc.) that are developed or
adopted by voluntary consensus standard bodies. The NTTAA requires EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rulemaking includes technical standards and
requirements for taking measurements. Consequently, the EPA searched
for applicable voluntary consensus standards by searching the National
Standards System Institute (NSSN) database. The NSSN is an automated
service provided by the American National Standards Institute for
identifying available national and international standards.
EPA searched for methods and tests required by this proposed rule,
all of which are methods or tests previously promulgated. The proposed
rule includes methods that measure: (1) Volatile organic compound
concentration in wastewater (EPA Methods 25D, 305, 624, 625, 1624, or
1625); (2) biodegradation rates (EPA Methods 304A and B, aerated
reactor test (i.e., BOX test) serum bottle test, performance data with
and without biodegradation, or inlet and outlet concentration
measurements); (3) vapor leak detection (EPA Method 21); (4) volatile
organic compound concentration in vented gas stream (EPA Method 18);
(5) volumetric flow rate of the vented gas stream (EPA Methods 2, 2A,
2C, or 2D); (6) sampling site location (Method 1 or 1A); (7) validation
of chemical methods (EPA Method 301); (8) determination of actual
oxygen concentration (percent O2d) (EPA Method 3B); and (9) visible
emissions (EPA Method 22). These EPA methods are found in Appendix A to
parts 60, 63, and 136. The biodegradation tests are found in Appendix C
to part 63.
Except for EPA Methods 2 and 2C (Appendix A to part 60), no other
potentially equivalent methods for the methods and tests in the
proposal were found in the NSSN database search. EPA identified one
Chinese (Taiwanese) National Standard (CNS) which may potentially be an
equivalent method to EPA Methods 2 and 2C. The CNS method is CNS K9019
for measuring velocity and flow rates in stack gases.
However, EPA does not believe that CNS K9019 is a voluntary
consensus method. It is unlikely that CNS K9019 was considered by
industry groups or national setting standards organizations because it
was not developed in the United States (U.S.) and there is no available
information about it in the U.S.
[[Page 68002]]
To confirm EPA's belief, EPA is asking for comment on whether any
U.S. industry has adopted CNS K9019 as a voluntary consensus method.
EPA is also asking for comment on whether any potential voluntary
consensus methods exist that could be allowed in addition to the
methods in the proposal. Methods submitted for evaluation should be
accompanied with a basis for the recommendation, including method
validation data and the procedure used to validate the candidate method
(if a method other than Method 301, 40 CFR part 63, Appendix A was
used).
G. Executive Order 13045
This proposed rule is not subject to Executive Order 13045 (E.O.
13045), entitled ``Protection of Children from Environmental Health
Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because this is
not an economically significant regulatory action as defined by
Executive Order 12866 (E.O. 12866).
The E.O. 13045 applies to any rule that EPA determines (1)
``economically significant'' as defined under E.O. 12866, and (2) the
rule has a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
List of Subjects in 40 CFR Part 60
Environmental protection, Air pollution control, Volatile organic
compounds, Reporting and recordkeeping requirements.
Dated: September 29, 1998.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
60 of the Code of Federal Regulations is amended as follows:
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7429, 7601
and 7602.
2. Part 60 is amended by adding subpart YYY to read as follows:
Subpart YYY--Standards of Performance for Volatile Organic Compound
(VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Wastewater
Sec.
60.770 Applicability and date of compliance.
60.771 Definitions.
60.772 Modification and reconstruction.
60.773 Process wastewater provisions--General.
60.774 Wastewater tank, surface impoundment, container, individual
drain system, and oil-water separator provisions.
60.775 Control requirements for aqueous in-process streams.
60.776 Maintenance wastewater requirements.
60.777 Delay of repair.
60.778 Stream-specific list of VOC determination.
60.779 Process wastewater provisions--Performance standards for
treatment processes managing Group 1 wastewater streams and/or
residuals removed from Group 1 wastewater streams.
60.780 Standards--Control devices.
60.781 Monitoring of operations.
60.782 Process wastewater provisions--Test methods and procedures
for determining applicability and Group 1 and Group 2 determinations
(determining which process wastewater streams require control).
60.783 Process wastewater provisions--Test methods and procedures
to determine compliance.
60.784 Reporting requirements.
60.785 Recordkeeping requirements.
60.786 Leak inspection provisions.
60.787 Additional requirements--Start-up, shutdown, malfunction, or
nonoperation; Alternative means of emission limitation; and permits.
60.788 [Reserved]
60.789 Relationship to other regulations.
Table 1 to subpart YYY--List of SOCMI chemicals
Table 2 to subpart YYY--Applicability of 40 CFR part 60 general
provisions to subpart YYY
Table 2A to subpart YYY--Applicability of 40 CFR part 63 general
provisions to subpart YYY
Table 3 to subpart YYY--Control requirement options for wastewater
tanks, surface impoundment, containers, individual drain systems,
and oil-water separators
Table 4 to subpart YYY--Wastewater tanks requiring controls and
control requirements
Table 5 to subpart YYY--Compliance options for wastewater tanks,
surface impoundments, containers, individual drain systems, and oil-
water separators
Table 6 to subpart YYY--Control requirements for items of equipment
that meet the criteria of Sec. 60.775
Table 7 to subpart YYY--Monitoring requirements for treatment
processes
Table 8 to subpart YYY--Monitoring requirements for control devices
Table 9 to subpart YYY--Information on process wastewater streams to
be submitted with notification of compliance status
Table 10 to subpart YYY--Information for treatment processes to be
submitted with Notification of Compliance Status
Table 11 to subpart YYY--Information for waste management units to
be submitted with Notification of Compliance Status
Table 12 to subpart YYY--Information on residuals to be submitted
with Notification of Compliance Status
Table 13 to subpart YYY--Semiannual reporting requirements for
control devices [Sec. 60.784(f)]
Table 14 to subpart YYY--Compound and default biorates used for
compliance demonstrations for enhanced biological treatment
processes (see Sec. 60.783(h))
Subpart YYY--Standards of Performance for Volatile Organic Compound
(VOC) Emissions from Synthetic Organic Chemical Manufacturing
Industry (SOCMI) Wastewater
Sec. 60.770 Applicability and date of compliance.
(a) The provisions of this subpart apply to each affected facility
and any devices or systems required by this subpart. An affected
facility is a designated chemical process unit (CPU) in the synthetic
organic chemical manufacturing industry which commences or commenced
construction, reconstruction or modification after September 12, 1994.
An affected facility that does not generate a process wastewater
stream, a maintenance wastewater stream, or an aqueous in-process
stream, is not subject to the control requirements of this subpart.
(1) Initial determination of applicability. Determine applicability
to this subpart as specified in paragraphs (b) through (g) of this
section. For an affected facility, determine if the affected facility
generates a process wastewater stream, maintenance wastewater stream,
or aqueous in-process stream as specified in paragraph (h) of this
section. The owner or operator of an affected facility that generates a
process wastewater stream, a maintenance wastewater stream, or an
aqueous in-process stream shall comply with requirements of this
subpart. The owner or operator of an affected facility that does not
generate a process wastewater stream, a maintenance wastewater stream,
or an aqueous in-process stream is exempt from the requirements
specified in this subpart, except for the requirements specified in
Sec. 60.770(a)(2), Sec. 60.770(h)(2), Sec. 60.784(d)(12), and
Sec. 60.785(c)(8) of this subpart.
(2) Reevaluation of applicability criteria. When one or both of the
applicability criteria in paragraph (a)(2)(i) or (a)(2)(ii) of this
section changes, the owner or operator shall reevaluate the
applicability as specified in this paragraph (a). A CPU or designated
CPU shall not be evaluated more than once every 12 months. If the
[[Page 68003]]
designated CPU is an affected facility and subject to the provisions of
this subpart, the owner or operator may elect not to reevaluate
applicability.
(i) Produces SOCMI as a primary product. If a CPU begins
manufacturing chemicals not used in the primary product determination
or ceases manufacturing chemicals listed in the primary product
determination, the primary product determination is no longer in effect
and shall be reevaluated as specified in paragraph (f) of this section.
(ii) Is Modified or Reconstructed. If a designated CPU that is not
an affected facility is modified or reconstructed after September 12,
1994, then the applicability determination shall be evaluated as
specified in Sec. 60.772 of this subpart.
(3) Each affected facility shall be in compliance with the
provisions of this subpart no later than initial start-up or [DATE OF
PUBLICATION OF FINAL RULE], whichever is later.
(b) The designated CPU is in the synthetic organic chemical
manufacturing industry (SOCMI) if the conditions of either paragraph
(b)(1) or (b)(2) of this section are met.
(1) The designated CPU is a combination of all process lines within
a CPU, i.e., an entire CPU, and the primary product of the designated
CPU is a SOCMI chemical; or
(2) The designated CPU is a process line, or combination of process
lines within a CPU, and the primary product of the CPU is a SOCMI
chemical.
(3) The primary product of a CPU shall be determined as provided in
paragraph (f) of this section.
(4) The SOCMI chemicals are listed in Table 1 of this subpart.
(5) Each storage vessel that is part of the CPU shall be assigned
to one designated CPU that it services. Storage vessels shall be
assigned to the CPU as specified in paragraph (g) of this section.
(c) The designated CPU shall be an entire CPU except as otherwise
provided in this paragraph (c).
(1) The owner or operator may designate each process line or
combination of process lines within a CPU to be a designated CPU for
purposes of this subpart, at any time before commencing construction,
reconstruction or modification.
(i) If the owner or operator designates each process line, or
combination of process lines, within a CPU to be a designated CPU, the
installation of an additional process line may constitute construction
of a designated CPU, but shall not in itself be considered modification
or reconstruction of the existing process lines.
(ii) If the entire CPU is the designated CPU, the installation of
an additional process line may constitute modification or
reconstruction of the designated CPU, but shall not in itself be
considered construction of a designated CPU.
(2) The owner or operator shall assign all equipment that is part
of the CPU to one or more designated CPU.
(3) Any designation under paragraph (c)(1) of this section shall be
reported to the Administrator as provided in Sec. 60.784 of this
subpart and shall be irrevocable.
(d) General Provisions applicability. The owner or operator shall
comply with the provisions of subpart A of this part and subpart A of
40 CFR part 63 as specified in Table 2 and 2A of this subpart.
(e) The provisions of this subpart do not apply to the processes
listed in paragraphs (e)(1) through (e)(5) of this section. This
subpart does not require these processes to comply with the provisions
of subpart A of this part.
(1) Research and development facilities.
(2) Petroleum refining process units, regardless of whether the
units supply feedstocks that include chemicals listed in Table 1 of
this subpart to chemical process units that are subject to the
provisions of this subpart.
(3) Chemical process units that are located in coke by-product
recovery plants.
(4) Solvent reclamation, recovery, or recycling operations at a
hazardous waste treatment, storage, and disposal facility (TSDF)
requiring a permit under 40 CFR part 270 that are not part of a SOCMI
chemical process unit.
(5) Organic chemicals extracted from natural sources or totally
produced from biological synthesis, such as pinene, coconut oil acids,
sodium salt, fatty acids, tall oil, tallow acids, potassium salt, and
beverage alcohol.
(f) Primary product determinations. The primary product of a CPU is
determined according to the procedures specified in paragraphs (f)(1)
and (f)(2) of this section. With respect to CPU for which the expected
use is known, the owner or operator shall use paragraph (f)(1) of this
section. With respect to CPU for which the expected use is unknown, the
owner or operator shall use paragraph (f)(2) of this section.
(1) Expected use is known. The primary product determination for a
CPU, where the expected use is known for the 12 months following
initial startup shall be determined according to the procedures in
paragraphs (f)(1)(i) through (f)(1)(iii) of this section.
(i) If a chemical process unit produces none of the chemical
products listed in Table 1 of this subpart, the primary product is not
a SOCMI product.
(ii) If a chemical process unit produces only chemical products
listed in Table 1 of this subpart, the primary product is a SOCMI
product.
(iii) If a chemical process unit produces one or more chemical
products listed in Table 1 of this subpart and one or more chemical
products not listed in Table 1 of this subpart, the owner or operator
shall sum the expected annual production, on a mass basis, for the
chemical products listed in Table 1 of this subpart and sum the
expected annual production, on a mass basis, for the chemical products
not listed in Table 1 of this subpart. If the sum of the chemical
products listed in Table 1 of this subpart is greater than or equal the
sum of the chemical products not listed in Table 1 of this subpart, the
primary product is a SOCMI product. If not, the primary product is not
a SOCMI product.
(2) Expected use is unknown. Where the expected use of the CPU is
unknown for the 12 months following initial startup and the CPU will
manufacture one or more of the chemical products listed in Table 1 of
this subpart, the primary product of the CPU is a SOCMI product.
(g) Storage vessel assignment. The owner or operator shall follow
the procedures specified in paragraphs (g)(1) through (g)(4) of this
section to determine whether a storage vessel is part of the CPU to
which this subpart applies, either in part or in whole.
(1) Where a storage vessel is dedicated to a chemical process unit,
the storage vessel shall be considered part of that chemical process
unit.
(2) If a storage vessel is not dedicated to a single chemical
process unit, then the applicability of this subpart shall be
determined according to the provisions in paragraphs (g)(2)(i) through
(g)(2)(iii) of this section.
(i) If a storage vessel is shared among chemical process units and
one of the process units has the predominant use, as determined by
paragraphs (g)(2)(i)(A) and (g)(2)(i)(B) of this section, then the
storage vessel is part of that chemical process unit.
(A) If the greatest input into the storage vessel is from a
chemical process unit that is located on the same plant site, then that
chemical process unit has the predominant use.
(B) If the greatest input into the storage vessel is provided from
a chemical process unit that is not located
[[Page 68004]]
on the same plant site, then the predominant use is the chemical
process unit on the same plant site that receives the greatest amount
of material from the storage vessel.
(ii) If a storage vessel is shared among chemical process units so
that there is no single predominant use, and at least one of those
chemical process units is subject to this subpart, in part or whole,
the storage vessel shall be considered to be part of the chemical
process unit that is subject to this subpart, in part or whole. If more
than one chemical process unit is subject to this subpart, in part or
whole, the owner or operator may assign the storage vessel to any of
the chemical process units subject to this subpart.
(iii) If the predominant use of a storage vessel varies from year
to year, then the applicability of this subpart shall be determined
based on the use that occurred during the year preceding [date final
rule is published]. This determination shall be reported as part of an
operating permit application or as otherwise specified by the
permitting authority.
(3) Where a storage vessel is located at a plant site that includes
one or more chemical process units which place material into, or
receive materials from the storage vessel, but the storage vessel is
located in a tank farm (including a marine tank farm), the
applicability of this subpart shall be determined according to the
provisions in paragraphs (g)(3)(i) through (g)(3)(iv) of this section.
(i) The storage vessel may only be assigned to a chemical process
unit that utilizes the storage vessel and does not have an intervening
storage vessel for that product (or raw material, as appropriate). With
respect to any chemical process unit, an intervening storage vessel
means a storage vessel connected by hard-piping to the chemical process
unit and to the storage vessel in the tank farm so that product or raw
material entering or leaving the chemical process unit flows into (or
from) the intervening storage vessel and does not flow directly into
(or from) the storage vessel in the tank farm.
(ii) If there is no chemical process unit at the plant site that
meets the criteria of paragraph (g)(3)(i) of this section with respect
to a storage vessel, this subpart does not apply to the storage vessel.
(iii) If there is only one chemical process unit at the plant site
that meets the criteria of paragraph (g)(3)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to
that chemical process unit.
(iv) If there are two or more chemical process units at the plant
site that meet the criteria of paragraph (g)(3)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to
one of those chemical process units according to the provisions of
paragraph (g)(2) of this section. The predominant use shall be
determined among only those chemical process units that meet the
criteria of paragraph (g)(3)(i) of this section.
(4) If the storage vessel begins receiving material from (or
sending material to) another chemical process unit, or ceasing to
receive material from (or send material to) a chemical process unit, or
if there is a significant change in the use of a storage vessel whose
predominant use was determined according to paragraph (g)(2)(i) of this
section that could reasonably change the predominant use, the owner or
operator shall reevaluate the applicability of this subpart to the
storage vessel.
(h) Process Wastewater, maintenance wastewater, and aqueous in-
process stream determination.
(1) The owner or operator shall determined whether an affected
facility generates a process wastewater stream, a maintenance
wastewater stream, or an aqueous in-process stream. The owner or
operator of an affected facility that generates a process wastewater
stream, maintenance wastewater stream, or aqueous in-process stream
shall comply with the provisions of this subpart. The owner or operator
of an affected facility that does not generate a process wastewater
stream, maintenance wastewater stream, or aqueous in-process stream is
exempt from the requirements specified in this subpart, except for the
requirements specified in Secs. 60.770(a)(2), 60.770(h)(2),
60.784(d)(12), and 60.785(c)(8) of this subpart.
(2) If an affected facility begins to or ceases to generate a
process wastewater stream, maintenance wastewater stream, or aqueous
in-process stream, the owner or operator shall reevaluate the
applicability of this subpart to the affected facility. If an affected
facility is subject to the provisions of this subpart, the owner or
operator may elect not to reevaluate applicability.
(3) The affected facility includes the water and wastewater streams
listed in paragraphs (h)(3)(i) through (h)(3)(vi) of this section, but
they are not subject to the requirements of this subpart or the
provisions of subpart A of this part.
(i) Stormwater managed in segregated sewers.
(ii) Water from fire-fighting and deluge systems in segregated
sewers.
(iii) Spills.
(iv) Water from safety showers.
(v) Water from testing of deluge systems.
(vi) Water from testing of firefighting systems.
Sec. 60.771 Definitions.
As used in this subpart, all terms not defined here shall have the
meaning given them in the Act and in subpart A of this part. The
following terms shall have the specific meanings given them in this
section.
Annual average concentration means the flow-weighted annual average
concentration, as determined according to the procedures specified in
Sec. 60.782(b) of this subpart.
Annual average flow rate means the annual average flow rate, as
determined according to the procedures specified in Sec. 60.782(c) of
this subpart.
Aqueous in-process stream means a stream comprised of water and VOC
within a CPU and prior to the point of determination that is conveyed,
or otherwise handled, in equipment controlled less stringently than
required in Table 6 to this subpart. An aqueous in-process stream has a
concentration of at least 500 part per million by weight (ppmw)and a
flowrate of at least 1 liter per minute.
Automated monitoring and recording system means any means of
measuring values of monitored parameters and creating a hard copy or
computer record of the measured values that does not require manual
reading of monitoring instruments and manual transcription of data
values. Automated monitoring and recording systems include, but are not
limited to, computerized systems and strip charts.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator. Boiler also
means any industrial furnace as defined in 40 CFR 260.10.
Car-seal means a seal that is placed on a device that is used to
change the position of a valve (e.g., from opened to closed) in such a
way that the position of the valve cannot be changed without breaking
the seal.
Chemical process unit or CPU means the equipment assembled and
connected by hard-piping or ductwork to process raw materials and to
manufacture a product. A chemical process unit consists of more than
one unit operation. For the purpose of this subpart, chemical process
unit includes air oxidation reactors and their associated product
separators and recovery devices; reactors and their associated product
separators and recovery devices; distillation units and
[[Page 68005]]
their associated distillate receivers and recovery devices; associated
unit operations; associated recovery devices; and any feed,
intermediate and product storage vessels, and connected ductwork and
hard-piping. A chemical process unit includes pumps, compressors,
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, and instrumentation systems.
A chemical process unit is identified by its primary product.
Closed biological treatment process means a tank or surface
impoundment where biological treatment occurs and VOC emissions from
the treatment process are routed either to a control device by means of
a closed vent system or to a fuel gas system by means of hard-piping.
The tank or surface impoundment has a fixed roof, as defined in this
section, or a floating flexible membrane cover that meets the
requirements specified in 40 CFR 63.134.
Closed-vent system means a system that is not open to the
atmosphere and is composed of hard-piping, ductwork, connections, and,
if necessary, flow inducing devices that transport gas or vapor from an
emission point to a control device.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of volatile organic compound emissions.
Container means any portable waste management unit that has a
capacity greater than or equal to 0.1 m<SUP>3</SUP> in which a material
is stored, transported, treated, or otherwise handled. Examples of
containers are drums, barrels, tank trucks, barges, dumpsters, tank
cars, dump trucks, and ships.
Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 60.785 of this
subpart.
Continuous recorder means a data recording device recording an
instantaneous data value or an average data value at least once every
hour.
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the wall of the storage vessel and
the edge of the floating roof. A continuous seal may be a vapor-
mounted, liquid-mounted, or metallic shoe seal. A continuous seal may
be constructed of fastened segments so as to form a continuous seal.
Control device means any combustion device, recovery device for
vapor vents, or recapture device. Such equipment includes, but is not
limited to, absorbers, carbon adsorbers, condensers, incinerators,
flares, boilers, and process heaters. For a steam stripper, a primary
condenser is not considered a control device.
Cover means a device or system which is placed on or over a waste
management unit containing wastewater or residuals so that the entire
surface area is enclosed to minimize air VOC emissions. A cover may
have openings necessary for operation, inspection, and maintenance of
the waste management unit such as access hatches, sampling ports, and
gauge wells provided that each opening is closed when not in use.
Examples of covers include a fixed roof installed on a wastewater tank,
a lid installed on a container, and an air-supported enclosure
installed over a waste management unit.
Designated chemical process unit or designated CPU means an
individual process line within a CPU or a combination of some or all of
the process lines within a CPU.
Ductwork means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Enhanced biological treatment system or enhanced biological
treatment process means an aerated, thoroughly mixed treatment unit(s)
that contains biomass suspended in water followed by a clarifier that
removes biomass from the treated water and recycles recovered biomass
to the aeration unit. The mixed liquor volatile suspended solids
(biomass) is greater than 1 kilogram per cubic meter throughout each
aeration unit. The biomass is suspended and aerated in the water of the
aeration unit(s) by either submerged air flow or mechanical agitation.
A thoroughly mixed treatment unit is a unit that is designed and
operated to approach or achieve uniform biomass distribution and
organic compound concentration throughout the aeration unit by quickly
dispersing the recycled biomass and the wastewater entering the unit.
External floating roof means a pontoon-type or double-deck-type
cover that rests on the liquid surface in a storage vessel or waste
management unit with no fixed roof.
Fill or filling means the introduction of a wastewater stream or
residual into a waste management unit (e.g., storage tank), but not
necessarily to complete capacity.
Fixed roof means a cover that is mounted on a waste management unit
or storage vessel in a stationary manner and that does not move with
fluctuations in liquid level.
Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
Flexible operation unit means a chemical process unit that
manufactures different chemical products periodically by alternating
raw materials or operating conditions. These units are also referred to
as multi-purpose units, multiple product units, campaign plants, or
blocked operations.
Floating roof means a cover consisting of a double deck, pontoon
single deck, internal floating cover or covered floating roof, which
rests upon and is supported by the liquid being contained, and is
equipped with a closure seal or seals to close the space between the
roof edge and waste management unit or storage vessel wall.
Flow indicator means a device which indicates whether gas flow is,
or whether the valve position would allow gas flow to be, present in a
line.
Fbio means site-specific fraction of VOC biodegraded, unitless.
Fe means fraction emitted value, unitless.
Fm means compound-specific fraction measured factor, unitless.
Fr means fraction removed value for VOC, unitless.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and control
system that gathers gaseous stream(s) generated by onsite operations,
may blend them with other sources of gas, and transports the gaseous
stream for use as fuel gas in combustion devices or in in-process
combustion equipment such as furnaces and gas turbines, either singly
or in combination.
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards, such as ANSI
B31-3.
HON means the National Emissions Standards for Hazardous Air
Pollutants for Source Categories: Organic Hazardous Air Pollutants from
the Synthetic Organic Chemical Manufacturing Industry and Other
Processes Subject to the Negotiated Regulation for Equipment Leaks, 40
CFR part 63, subparts F and G.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section present is
not physically formed into one manufactured or assembled unit with
[[Page 68006]]
the combustion section; rather, the energy recovery section is a
separate section following the combustion section and the two are
joined by ducts or connections carrying flue gas. The above energy
recovery section limitation does not apply to an energy recovery
section used solely to preheat the incoming vent stream or combustion
air.
Individual drain system means the stationary system used to convey
wastewater streams or residuals to a waste management unit or to
discharge or disposal. The term includes hard-piping, all process
drains and junction boxes, together with their associated sewer lines
and other junction boxes, manholes, sumps, and lift stations, conveying
wastewater streams or residuals. A segregated storm water sewer system,
which is a drain and collection system designed and operated for the
sole purpose of collecting rainfall-runoff at a facility, and which is
segregated from all other individual drain systems, is excluded from
this definition.
Initial start-up means the first time a new or reconstructed
affected facility begins production, or the first time a modified
affected facility is put into production. Initial start-up does not
include operation solely for testing equipment. For purposes of this
subpart, initial start-up does not include subsequent start-ups (as
defined in this section) of chemical process units following
malfunctions or shutdowns or following changes in product for flexible
operation units or following recharging of equipment in batch
operation.
Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it) inside
a storage vessel or waste management unit that has a fixed roof.
Junction box means a manhole or a lift station, or access point to
a wastewater sewer line.
Liquid-mounted seal means a foam-or liquid-filled seal mounted in
contact with the liquid between the wall of the storage vessel or waste
management unit and the floating roof. The seal is mounted continuously
around the circumference of the vessel or unit.
Maintenance wastewater means wastewater generated by the draining
of process fluid from components in the chemical process unit into an
individual drain system prior to or during maintenance activities.
Maintenance wastewater can be generated during planned and unplanned
shutdowns and during periods not associated with a shutdown. Examples
of activities that can generate maintenance wastewaters include
descaling of heat exchanger tubing bundles, cleaning of distillation
column traps, draining of low legs and high point bleeds, draining of
pumps into an individual drain system, and draining of portions of the
chemical process unit for repair.
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the organics in the stored or transferred liquid at the
temperature equal to the highest calendar-month average of the liquid
storage or transfer temperature for liquids stored or transferred above
or below the ambient temperature or at the local maximum monthly
average temperature as reported by the National Weather Service for
liquids stored or transferred at the ambient temperature, as
determined:
(1) In accordance with methods described in American Petroleum
Institute Bulletin 2517, Evaporation Loss From External Floating Roof
Tanks; or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-83; or
(4) Any other method approved by the Administrator.
Metallic shoe seal or mechanical shoe seal means metal sheets that
are held vertically against the wall of the storage vessel by springs,
weighted levers, or other mechanisms and connected to the floating roof
by braces or other means. A flexible coated fabric (envelope) spans the
annular space between the metal sheet and the floating roof.
Modification means any physical change in, or change in the method
of operation of, an existing designated CPU which increases or creates
emissions to the atmosphere of VOC from process wastewater and/or
aqueous in-process streams generated by the designated CPU, except as
provided in Sec. 60.772(c) of this subpart.
Non-automated monitoring and recording system means manual reading
of values measured by monitoring instruments and manual transcription
of those values to create a record. Non-automated systems do not
include strip charts.
Oil-water separator or organic-water separator means a waste
management unit, used to separate oil or organics from water. An oil-
water or organic-water separator consists of not only the separation
unit but also the forebay and other separator basins, skimmers, weirs,
grit chambers, sludge hoppers, and bar screens that are located
directly after the individual drain system and prior to additional
treatment units such as an air flotation unit, clarifier, or biological
treatment unit. Examples of an oil-water or organic-water separator
include, but are not limited to, an American Petroleum Institute
separator, parallel-plate interceptor, and corrugated-plate interceptor
with the associated ancillary equipment.
On-site or onsite means, with respect to records required to be
maintained by this subpart, that the records are stored at a location
within a major source which encompasses the affected facility. On-site
includes, but is not limited to, storage at the designated chemical
process unit to which the records pertain, or storage in central files
elsewhere at the major source.
Open biological treatment process means a biological treatment
process that is not a closed biological treatment process as defined in
this section.
Operating permit means a permit required by 40 CFR part 70 or part
71.
Organic monitoring device means a unit of equipment used to
indicate the concentration level of organic compounds exiting a
recovery device based on a detection principle such as infra-red, photo
ionization, or thermal conductivity.
Petroleum refining process, also referred to as a petroleum
refining process unit, means a process that for the purpose of
producing transportation fuels (such as gasoline and diesel fuels),
heating fuels (such as fuel gas, distillate, and residual fuel oils),
or lubricants; separates petroleum; or separates, cracks, or reforms
unfinished derivatives. Examples of such units include, but are not
limited to, alkylation units, catalytic hydrotreating, catalytic
hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic
cracking, crude distillation, and thermal processes.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Point of determination means each point where process wastewater
exits the chemical process unit.
Note to Definition: This subpart allows determination of the
characteristics of a wastewater stream: (1) At the point of
determination or (2) downstream of the point of determination if
corrections are made for changes in flow rate and annual average
concentration of VOC as determined in Sec. 60.783 of this subpart.
Such changes include losses by air VOC emissions; reduction of
annual average concentration or changes in flow rate by mixing with
other
[[Page 68007]]
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 VOC.
Primary fuel means the fuel that provides the principal heat input
to the device. To be considered primary, the fuel shall be able to
sustain operation without the addition of other fuels.
Process heater means a device that transfers heat liberated by
burning fuel directly to process streams or to heat transfer liquids
other than water.
Process line means a group of unit operations and other equipment
assembled and connected by hard-piping or ductwork to process raw
materials and to manufacture a product, and that can operate
independently of other unit operations in the CPU if supplied with
sufficient raw materials and if equipped with sufficient product
storage capacity. Two or more process lines may share recovery and
ancillary equipment such as utilities. A process line is either an
entire CPU, or one of multiple process lines which, together, are an
entire CPU. All CPU have at least one process line, and some CPU have
more than one process line.
Process wastewater means wastewater which, during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product, or waste product. Examples are tank drawdown or
feed tank drawdown; water formed during a chemical reaction or used as
a reactant; water used to wash impurities from organic products or
reactants; water used to cool or quench organic vapor streams through
direct contact; water used to wash equipment between batches; and
condensed steam from jet ejector systems pulling vacuum on vessels
containing VOC.
Process wastewater stream means a stream that contains process
wastewater as defined in this section.
Product means a compound or chemical which is manufactured by the
chemical process unit. Isolated intermediates, impurities, wastes, and
trace contaminants are not considered products.
Recapture device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals, but not normally for
use, reuse, or sale. For example, a recapture device may recover
chemicals primarily for disposal. Recapture devices include, but are
not limited to, absorbers, carbon adsorbers, and condensers.
Recovery device means an individual unit of equipment 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. 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. For purposes
of the monitoring, recordkeeping, and reporting requirements of this
subpart, recapture devices are considered recovery devices.
Relief valve means a valve used only to release an unplanned, non-
routine discharge. A relief valve discharge can result from an operator
error, a malfunction such as a power failure or equipment failure, or
other unexpected cause that requires immediate venting of gas from
process equipment in order to avoid safety hazards or equipment damage.
Research and development facility means laboratory and pilot plant
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and is not engaged
in the manufacture of products for commercial sale, except in a de
minimis manner.
Residual means any liquid or solid material containing VOC that is
removed from a wastewater stream by a waste management unit or
treatment process that does not destroy organic compounds
(nondestructive unit). Examples of residuals from nondestructive
wastewater management units are: the organic layer and bottom residue
removed by a decanter or organic-water separator and the overheads from
a steam stripper or air stripper. Examples of materials which are not
residuals are: silt; mud; leaves; bottoms from a steam stripper or air
stripper; and sludges, ash, or other materials removed from wastewater
being treated by destructive devices such as biological treatment units
and incinerators.
Secondary fuel means a fuel fired through a burner other than the
primary fuel burner that provides supplementary heat in addition to the
heat provided by the primary fuel.
Sewer line means a lateral, trunk line, branch line, or other
conduit including, but not limited to, grates, trenches, etc., used to
convey wastewater streams or residuals to a downstream waste management
unit.
Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of a chemical process unit or a reactor, air oxidation
reactor, distillation unit, waste management unit, equipment required
or used to comply with this subpart, or emptying and degassing of a
storage vessel. Shutdown does not include the routine rinsing or
washing of equipment in batch operation between batches.
Single-seal system means a floating roof having one continuous seal
that completely covers the space between the wall of the storage vessel
and the edge of the floating roof. This seal may be a vapor-mounted,
liquid-mounted, or metallic shoe seal.
Specific gravity monitoring device means a unit of equipment used
to monitor specific gravity and having a minimum accuracy of
<plus-minus>0.02 specific gravity units.
Start-up means the setting into operation of a chemical process
unit or a reactor, air oxidation reactor, distillation unit, waste
management unit, or equipment required or used to comply with this
subpart or a storage vessel after emptying and degassing. Start-up
includes initial start-up, operation solely for testing equipment, the
recharging of equipment in batch operation, and transitional conditions
due to changes in product for flexible operation units.
Start-up, shutdown, and malfunction plan means the plan required
under Sec. 60.787 of this subpart. This plan details the procedures for
operation and maintenance of the affected facility during periods of
start-up, shutdown, and malfunction.
Steam jet ejector means a steam nozzle which discharges a high-
velocity jet across a suction chamber that is connected to the
equipment to be evacuated.
Storage vessel means a tank or other vessel that is used to store
organic liquids that contain one or more of VOC and that has been
assigned, according to the procedures in Sec. 60.770(f) of this
subpart, to a chemical process unit that is subject to this subpart.
Storage vessel does not include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess on 204.9
kilopascals and without VOC emissions to the atmosphere;
(3) Vessels with capacities smaller than 38 cubic meters;
(4) Vessels storing organic liquids that contain VOC only as
impurities;
(5) Bottom receivers tanks;
(6) Surge control vessels; or
(7) Wastewater storage tanks.
[[Page 68008]]
Surface impoundment means a waste management unit which is a
natural topographic depression, manmade excavation, or diked area
formed primarily of earthen materials (although it may be lined with
manmade materials), which is designed to hold an accumulation of liquid
wastes or waste containing free liquids. A surface impoundment is used
for the purpose of treating, storing, or disposing of wastewater or
residuals, and is not an injection well. Examples of surface
impoundments are equalization, settling, and aeration pits, ponds, and
lagoons.
Tank drawdown means any material or mixture of materials discharged
from a product tank, feed tank, or intermediate tank for the purpose of
removing water or other contaminants from the tank.
Temperature monitoring device means a unit of equipment used to
monitor temperature and having a minimum accuracy of (a) <plus-minus>1
percent of the temperature being monitored expressed in degrees Celsius
or (b) <plus-minus>0.5 degrees Celsius (<SUP>o</SUP>C), whichever
number is greater (i.e., has the highest absolute value).
Treatment process means a specific technique that removes or
destroys the organics in a wastewater or residual stream such as a
steam stripping unit, thin-film evaporation unit, waste incinerator,
biological treatment unit, or any other process applied to wastewater
streams or residuals to comply with Sec. 60.779 of this subpart. Most
treatment processes are conducted in tanks. Treatment processes are a
subset of waste management units.
Unit operation means one or more pieces of process equipment used
to make a single change to the physical or chemical characteristics of
one or more process streams. Unit operations include, but are not
limited to, reactors, distillation units, extraction columns,
absorbers, decanters, dryers, condensers, and filtration equipment.
Vapor-mounted seal means a continuous seal that completely covers
the annular space between the wall of the storage vessel or waste
management unit and the edge of the floating roof and is mounted such
that there is a vapor space between the stored liquid and the bottom of
the seal.
Volatile organic compound, volatile organic compounds, VOC means
substances defined as volatile organic compounds in 40 CFR 51.100(s)
and not excluded or exempted by that section, except that any substance
with a Henry's law constant less than or equal to 0.1 y/x atmosphere
per mole fraction as determined according to appendix J of this subpart
is not a VOC for purposes of this subpart.
Waste management unit means the equipment, structure(s), or
device(s) used to convey, store, treat, or dispose of wastewater
streams or residuals. Examples of waste management units include:
wastewater tanks, surface impoundments, individual drain systems, and
biological wastewater treatment units. Examples of equipment that may
be waste management units include containers, air flotation units, oil-
water separators or organic-water separators, or organic removal
devices such as decanters, strippers, or thin-film evaporation units.
If such equipment is used for recovery then it is part of a chemical
process unit and is not a waste management unit.
Wastewater is either a process wastewater or a maintenance
wastewater and means water that:
(1) Contains either:
(i) An annual average concentration of VOC of at least 50 parts per
million by weight at the point of determination and has an annual
average flow rate of 0.02 liter per minute or greater; or
(ii) An annual average concentration of VOC of at least 10,000
parts per million by weight at the point of determination at any flow
rate, and that
(2) Is discarded from a chemical process unit as defined in this
section.
Wastewater stream means a stream that contains wastewater as
defined in this subpart.
Wastewater tank means a stationary waste management unit that is
designed to contain an accumulation of wastewater or residuals and is
constructed primarily of non-earthen materials (e.g., wood, concrete,
steel, plastic) which provide structural support. Wastewater tanks used
for flow equalization are included in this definition.
Water seal controls means a seal pot, p-leg trap, or other type of
trap filled with water (e.g, flooded sewers that maintain water levels
adequate to prevent air flow through the system) that creates a water
barrier between the sewer line and the atmosphere. The water level of
the seal shall be maintained in the vertical leg of a drain in order to
be considered a water seal.
Sec. 60.772 Modification and reconstruction.
(a) General. The owner or operator shall follow the procedures
specified in paragraphs (b), (c), (d), (f), (g), (h) and (j) of this
section to determine whether a designated CPU that is neither a
flexible operating unit or part of a flexible operating unit has been
or will be modified. The owner or operator shall follow the procedures
specified in paragraphs (b), (c), (e), (f), (g), (h) and (j) of this
section to determine whether a designated CPU that is a flexible
operating unit or part of a flexible operating unit has been or will be
modified. The owner or operator shall follow the procedures specified
in paragraph (k) of this section to determine whether a designated CPU
has been or will be reconstructed.
(b) Determining modification Modification determinations are based
on the designated CPU. To determine whether a modification has occurred
or will occur, the owner or operator shall follow the procedures in
either paragraph (b)(1) or (b)(2) of this section.
(1) Designate the physical or operational change as a modification.
(2) Determine whether the physical or operational change
constitutes a modification by evaluating whether VOC emissions from
process wastewater and aqueous in-process streams increased as a result
of the physical or operational change. To make this determination, the
owner or operator shall follow the procedures specified in paragraph
(d) or (e), and in paragraphs (f), (g), (h) and (j) of this section, as
appropriate. Physical and operational changes that are not, by
themselves, considered modifications under this subpart are listed in
paragraph (c) of this section.
(c) Physical or operational changes that are not modifications. The
changes listed in this paragraph (c) shall not, by themselves, be
considered modifications under this subpart. Section 60.14(e) does not
apply for the purposes of this subpart.
(1) Maintenance, repair, and replacement which the Administrator
determines to be routine for a source category, subject to the
provisions of Sec. 60.15 of this part. Replacement of spent catalyst
with like catalyst is not a modification.
(2) An increase in the hours of operation.
(3) Physical or operational changes that cost less than 12.5
percent of the original cost of the existing designated CPU as adjusted
to reflect capital improvements, casualty losses, and defunct
equipment. Neither account depreciation or deflation is an allowable
adjustment. The owner or operator shall keep a record or shall provide
documentation on demand documenting that the cost was less than 12.5
percent.
(4) The relocation or change in ownership of an existing facility.
(d) Determining VOC emissions generated by a designated CPU that is
neither a flexible operation unit or part of a flexible operation unit.
For a
[[Page 68009]]
designated CPU that is neither a flexible operation unit or part of a
flexible operation unit, the owner or operator shall follow the
procedures specified in paragraphs (d)(1) through (d)(4) of this
section to determine whether VOC emissions from process wastewater and
aqueous in-process streams have increased or will increase after a
physical or operational change has occurred. The owner or operator is
required to evaluate only those process wastewater and aqueous in-
process streams that are affected (i.e., changed or created) by the
physical or operational change. For the purposes of this section,
``affected process wastewater stream'' and ``affected aqueous in-
process stream'' mean process wastewater streams and aqueous in-process
streams changed or created by a physical or operational change. The
owner or operator shall keep a record or shall provide documentation on
demand showing how it was determined that a process wastewater or
aqueous in-process stream was not affected by a physical or operational
change. At a minimum this documentation shall document concentration
and flow rate of affected process wastewater and aqueous in-process
streams both before and after a physical or operational change.
(1) Identify the designated CPU. Identify the designated CPU that
has undergone or will undergo a physical or operational change.
(2) Determine VOC emissions before a physical or operational
change. For each affected process wastewater and aqueous in-process
stream, the owner or operator shall determine VOC emissions before a
physical or operational change, i.e., baseline emissions, using VOC
emissions or VOC mass flow rate as a surrogate for VOC emissions. VOC
emissions and mass flow rate shall be determined as specified in
paragraph (f) of this section. The baseline VOC emissions or baseline
VOC mass flow rate for process wastewater and aqueous in-process
streams shall be summed as specified in paragraph (j) of this section.
(3) Determine VOC emissions after a physical or operational change.
For each affected process wastewater or aqueous in-process stream, the
owner or operator shall determine VOC emissions after a physical or
operational change, using VOC emissions or VOC mass flow rate as a
surrogate for VOC emissions. VOC emissions and mass flow rate shall be
determined as specified in paragraph (f) of this section. The VOC
emissions or VOC mass flow rate for process wastewater and aqueous in-
process streams shall be summed as specified in paragraph (j) of this
section.
(4) Compare the sum of baseline VOC emissions and the sum of VOC
emissions after a physical or operational change.
(i) VOC emissions. The owner or operator shall compare the sum of
baseline VOC emissions to the sum of VOC emissions after the physical
or operational change. If the sum of VOC emissions from process
wastewater and aqueous in-process streams after the physical or
operational change are greater than the sum of baseline VOC emissions
from process wastewater and aqueous in-process streams, the VOC
emissions from process wastewater and aqueous in-process streams have
increased for the designated CPU.
(ii) VOC mass flow rate as a surrogate for VOC emissions. For
process wastewater streams, the owner or operator shall compare the sum
of baseline VOC mass flow rate at the point of determination to the sum
of VOC mass flow rate at the point of determination after the physical
or operational change. The owner or operator shall compare the sum of
baseline VOC mass flow rate for aqueous in-process streams to the sum
of VOC mass flow rate for aqueous in-process streams after the physical
or operational change. If the sum of VOC mass flow rate at the point of
determination after the physical or operational change is greater than
the sum of baseline VOC mass flow rate at the point of determination,
the VOC mass flow rate has increased and the VOC emissions have
increased for the designated CPU. If the sum of VOC mass flow rate for
aqueous in-process streams after the physical or operational change is
greater than the sum of baseline VOC mass flow rate of aqueous in-
process streams, the VOC mass flow rate has increased and the VOC
emissions increased for the designated CPU. Once a determination has
been made that VOC mass flow rate has increased, either at the point of
determination or for aqueous in-process streams, the owner or operator
may elect not to make the other comparison.
(e) Determining VOC emissions generated by a designated CPU that is
a flexible operation unit or part of a flexible operation unit. For a
designated CPU that is a flexible operation unit or part of a flexible
operation unit, the owner or operator shall follow the procedures
specified in paragraphs (e)(1) through (e)(5) of this section to
determine whether VOC emissions from process wastewater and aqueous in-
process streams have increased or will increase after a physical or
operational change has occurred. The owner or operator is required to
evaluate only those process wastewater and aqueous in-process streams
that are affected (i.e., changed or created) by the physical or
operational change.
(1) Identify the designated CPU that has undergone or will undergo
a physical or operational change.
(2) Select the baseline product. The owner or operator shall select
a baseline product from those products that the designated CPU is
capable of producing without a change in physical or operational
design. The owner or operator shall use best engineering judgement and
consider the information specified in paragraphs (e)(2)(i)(A) through
(e)(2)(i)(D) of this section in identifying these products. Products
the owner or operator shall not consider are specified in paragraphs
(e)(2)(ii)(A) through (e)(2)(ii)(C) of this section.
(i) Products that could be produced by the designated CPU.
(A) Products the designated CPU currently produces.
(B) Products that the designated CPU has produced in the past,
provided that a change in physical or operational design has not
occurred since the product was last produced.
(C) Products that the designated CPU reasonably can produce without
having to change the physical or operational design.
(D) Products that similar designated CPU have produced.
(ii) Products that could not be produced by the CPU.
(A) Products that would require a change in the physical or
operational design of the designated CPU.
(B) Products which cannot reasonably be produced, including
products which cannot be reasonably produced in commercially viable
quantities, products which are not sold in commerce, and products for
which no commercial market is reasonably foreseeable or for which there
is no known use in commerce.
(C) Products for which the designated CPU may have the theoretical
physical capacity to produce, but for which the owner or operator does
not have the technical knowledge necessary to produce that product and
cannot, through exercise of reasonable due diligence, obtain the
requisite technical knowledge.
(3) Determine VOC emissions before a physical or operational
change. For each affected process wastewater and aqueous in-process
stream, the owner or operator shall determine VOC emissions before a
physical or operational change, i.e., baseline emissions, using VOC
emissions or VOC mass flow rate as a surrogate for VOC emissions. VOC
emissions and mass flow rate shall be
[[Page 68010]]
determined as specified in paragraph (f) of this section. Baseline VOC
emissions shall be based on production of the baseline product. The VOC
emissions or VOC mass flow rate for each process wastewater or aqueous
in-process stream shall be summed as specified in paragraph (j) of this
section.
(4) Determine VOC emissions after a physical or operational change.
For each process wastewater and aqueous in-process stream, the owner or
operator shall determine the sum of VOC emissions after a physical or
operational change using VOC emissions or VOC mass flow rate as a
surrogate for VOC emissions. VOC emissions and mass flow rate shall be
determined as specified in paragraph (f) of this section. The VOC
emissions or VOC mass flow rate for each process wastewater or aqueous
in-process stream shall be summed as specified in paragraph (j) of this
section. VOC emissions after the physical or operational change shall
be based on the production of the product or products that are produced
after the physical or operational change. The owner or operator may
consider only the new product(s).
(5) Compare baseline VOC emissions and VOC emissions after a
physical or operational change.
(i) VOC emissions. The owner or operator shall compare the sum of
baseline VOC emissions to the sum of VOC emissions after the physical
or operational change. If the sum of VOC emissions from process
wastewater and aqueous in-process streams after the physical or
operational change are greater than the sum of baseline VOC emissions
from process wastewater and aqueous in-process streams, the VOC
emissions from process wastewater and aqueous in-process streams have
increased for the designated CPU.
(ii) VOC mass flow rate as a surrogate for VOC emissions. The owner
or operator shall compare baseline VOC mass flow rate at the point of
determination to VOC mass flow rate at the point of determination after
the physical or operational change. The owner or operator shall compare
baseline VOC mass flow rate for aqueous in-process streams to VOC mass
flow rate for aqueous in-process streams after the physical or
operational change. If the VOC mass flow rate at the point of
determination after the physical or operational change is greater than
the baseline VOC mass flow rate at the point of determination, the VOC
mass flow rate has increased and the VOC emissions have increased for
the designated CPU. If the VOC mass flow rate for aqueous in-process
streams after the physical or operational change is greater than the
baseline VOC mass flow rate of aqueous in-process streams, the VOC mass
flow rate has increased and the VOC emissions have increased for the
designated CPU. Once a determination has been made that VOC mass flow
rate has increased, either at the point of determination or for aqueous
in-process streams, the owner or operator may elect not to make the
other comparison.
(f) Determining VOC emissions. VOC emissions shall be determined
using either VOC emissions or mass flow rate as a surrogate for VOC
emissions. VOC emissions and mass flow rate shall be determined on an
annual average basis. To determine VOC emissions using the default
fraction emitted value, Fe, for the individual drain system and the
treatment process, the owner or operator shall use the procedures
specified in paragraph (f)(1) of this section. To determine VOC
emissions using site-specific modeling for the individual drain system
and either the default Fe values for the treatment process or VOC
emissions for the treatment process, the owner or operator shall use
the procedures specified in paragraph (f)(2) of this section. To
determine VOC emissions using annual average mass flow rate as a
surrogate for emissions, the owner or operator shall follow the
procedures specified in paragraph (f)(3) of this section.
(1) Calculate VOC emissions using the default fraction emitted
value, Fe, for the individual drain system and the treatment process.
For each process wastewater stream and aqueous in-process stream, the
owner or operator shall calculate VOC emissions using the default Fe
values for the individual drain system and the treatment process and
use equation 1 in this paragraph (f)(1). The default Fe values for the
individual drain system and the treatment process are listed in table 2
in appendix J of this part. Annual average concentration shall be
determined using the procedures specified in paragraph (g)(1) of this
section. Annual average flow rate shall be determined using the
procedures specified in paragraph (h) of this section. The owner or
operator is not required to determine the concentration of VOC that are
not reasonably expected to be in the process. The owner or operator is
required to consider only VOC included on the stream-specific list of
VOC when measuring VOC concentrations. The stream-specific list of VOC
shall be as determined as specified in Sec. 60.778 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP09DE98.000
Where:
VOC emissions=Annual average emissions of VOC, for a process wastewater
or aqueous in-process stream, megagrams per year.
AQ=Annual average flow rate of the process wastewater stream or aqueous
in-process stream, liters per minute.
H=Number of hours during the designated 12-month period that the
process wastewater stream or aqueous in-process stream was generated,
hours per year.
ACi<INF>i</INF>=Annual average concentration of VOC i of the process
wastewater stream or aqueous in-process stream, parts per million by
weight.
Fe<INF>i</INF>=Fraction emitted of VOC i for the individual drain
system and the treatment process, dimensionless. Fe values for the
individual drain system and the treatment process are listed in table 2
in appendix J to this part.
n=Total number of VOC in process wastewater stream or aqueous in-
process stream.
6.0 * 10<SUP>-8</SUP>=Conversion factor, 1000 kilograms per cubic
meter, 60 minutes per hour, 10<SUP>-3 </SUP>cubic meters per liter,
10<SUP>-3 </SUP>megagrams per kilogram, and 10<SUP>-6</SUP> from the
parts per million by weight factor (i.e., AC<INF>i</INF>)
(2) Calculate VOC emissions using site-specific modeling for the
individual drain system. For each process wastewater stream and aqueous
in-process stream, the owner or operator shall calculate VOC emissions
using site-specific modeling for the individual drain system as
determined using the procedures specified in appendix J to this part.
In addition, for each process wastewater stream and aqueous in-process
stream, the owner or operator shall use either the default Fe values
for the treatment process or VOC emissions
[[Page 68011]]
for the treatment process as specified in this paragraph (f)(2), and
use either equation 2 or equation 3 in this paragraph (f)(2). Annual
average concentration shall be determined using the procedures
specified in paragraph (g)(1) of this section. Annual average flow rate
shall be determined using the procedures specified in paragraph (h) of
this section. The owner or operator is not required to determine the
concentration of VOC that are not reasonably expected to be in the
process. The owner or operator is required to consider only VOC
included on the stream-specific list of VOC when measuring VOC
concentrations. The stream-specific list of VOC shall be determined as
specified in Sec. 60.778 of this subpart.
(i) Determining the Fe value for the treatment process or VOC
emissions for the treatment process. If the treatment process is a
biological treatment process, the owner or operator shall use the
default Fe values for the treatment process that are listed in table 2
in appendix J of this part. If the treatment process is a non-
biological treatment process, the owner or operator shall use
performance test data or design evaluations to determine the VOC
emissions for all VOC emissions generated by the treatment process as
specified in Sec. 60.779(j)(1) of this subpart.
(ii) Equation 2. Use equation 2 when the treatment process is a
biological treatment process and the default Fe for the treatment
process is used. The default Fe values for the treatment process are
listed in table 2 in appendix J of this part.
[GRAPHIC] [TIFF OMITTED] TP09DE98.001
Where:
VOC emissions=Annual average emissions of VOC for a process wastewater
or aqueous in-process stream, megagrams per year.
IDS=VOC emissions from the individual drain system determined as
specified in appendix J to part 60, megagram per year.
AQ=Annual average flow rate of the process wastewater stream or aqueous
in-process stream, liters per minute.
H=Number of hours during the designated 12-month period that the
process wastewater stream or aqueous in-process stream was generated,
hours per year.
AC<INF>i</INF>=Annual average concentration of VOC i of the process
wastewater stream or aqueous in-process stream, parts per million by
weight.
Fet<INF>i</INF>=Fraction emitted of VOC i for the treatment process,
dimensionless. Fe values for the treatment process shall be determined
as specified in paragraph (f)(2)(i) of this section.
n=Total number of VOC in process wastewater stream or aqueous in-
process stream.
6.0 * 10<SUP>-8</SUP>=Conversion factor, 1000 kilograms per cubic
meter, 60 minutes per hour, 10<SUP>-3</SUP> cubic meters per liter,
10<SUP>-3</SUP> megagrams per kilogram, and 10<SUP>-6</SUP> from the
parts per million by weight factor (i.e., Ac<INF>i</INF>)
(ii) Equation 3. Use equation 3 when the treatment process is a
non-biological treatment process and VOC emissions for the treatment
process is determined using performance test data or design
evaluations.
[GRAPHIC] [TIFF OMITTED] TP09DE98.002
Where:
VOC emissions=Annual average emissions of VOC for a process wastewater
or aqueous in-process stream, megagrams per year.
IDS=VOC emissions from the individual drain system determined as
specified in appendix J to part 60, megagram per year.
TP=VOC emissions from the treatment process determined as specified in
paragraph (f)(2)(iii) of this section, megagrams per year.
(3) Determining annual average VOC mass flow rate as a surrogate
for VOC emissions.
(i) Annual average concentration shall be determined using the
procedures specified in paragraph (g)(2) of this section. Method 25D of
40 CFR part 60, appendix A, shall be used to determine annual average
concentration.
(ii) Annual average flow rate shall be determined using the
procedures specified in paragraph (h) of this section. The owner or
operator is not required to determine the concentration of VOC that are
not reasonably expected to be in the process. The owner or operator is
required to consider only VOC included on the stream-specific list of
VOC when measuring VOC concentrations. The stream-specific list of VOC
shall be as determined as specified in Sec. 60.778 of this subpart.
(iii) Determine the annual average VOC mass flow rate using
equation 2 in paragraph (f)(2) of this section for each individual
process wastewater stream at the point of determination and for each
aqueous in-process stream.
[GRAPHIC] [TIFF OMITTED] TP09DE98.003
Where:
QMW=Mass flow rate of VOC, for a process wastewater or aqueous in-
process stream, kilograms per hour.
AQ=Annual average flow rate of the process wastewater stream or aqueous
in-process stream, liters per minute.
AC<INF>i</INF>=Annual average concentration of VOC i of the process
wastewater stream or aqueous in-process stream, parts per million by
weight.
n=Total number of VOC in process wastewater stream or aqueous in-
process stream.
p=Density of a process wastewater stream or aqueous in-process stream,
kilograms per cubic meter.
[[Page 68012]]
6.0 * 10<SUP>-5</SUP>=Conversion factor, 1000 kilograms per cubic
meter, 60 minutes per hour, 10<SUP>-3</SUP> cubic meters per liter, and
10<SUP>-6</SUP> from the parts per million by weight factor (i.e.,
AC<INF>i</INF>).
(g) Determining annual average concentration for a process
wastewater stream or aqueous in-process stream. The annual average
concentration shall be a flow-weighted average representative of actual
or anticipated operation of the designated CPU generating the process
wastewater or aqueous in-process stream generated by the designated CPU
over the designated 12-month period. Flow-weighted annual average
concentration for VOC shall be calculated as the total mass of VOC
occurring in the process wastewater stream or aqueous in-process stream
during the designated 12-month period divided by the total mass of the
process wastewater stream or aqueous in-process stream during the same
designated 12-month period. The owner or operator shall determine the
annual average concentration using the procedures specified in
paragraphs (g)(1)(i) through (g)(1)(iv) of this section. The owner or
operator is required to consider only VOC included on the stream-
specific list of VOC when measuring VOC concentrations. The stream-
specific list of VOC shall be as determined as specified in Sec. 60.778
of this subpart.
(1) VOC emissions. When an owner or operator is determining
concentration as part of determining annual average VOC emissions under
paragraph (f)(1) or paragraph (f)(2) of this section, the procedures in
paragraphs (g)(1)(i) through (g)(1)(iv) of this section shall be used.
(i) For process wastewater streams, the annual average
concentration shall be determined either at the point of determination
or downstream of the point of determination, with adjustment for
concentration changes made according to Sec. 60.782(b)(6) of this
subpart if a point downstream of the point of determination is used.
For aqueous in-process streams, the annual average concentration shall
be determined before the point of determination and shall be adjusted
for any losses of VOC to the atmosphere and for dilution.
(ii) The procedures specified in Sec. 60.782(b), except for
paragraph (b)(5)(i)(A), of this subpart shall be used for determining
the annual average concentration. The procedures specified in
Sec. 60.782(b) of this subpart may be used in combination, and no one
procedure shall take precedence over another.
(iii) A minimum of three wastewater samples from each process
wastewater stream or aqueous in-process stream shall be taken. Samples
may be grab samples or composite samples.
(iv) Concentration values that are not determined using Method 25D
may be adjusted with the chemical's Fm value. Chemical-specific Fm
factors shall be determined as specified in appendix J of this part.
When Fm adjustments are made, they shall be used for all compounds and
in all instances for the purpose of this section.
(2) VOC mass flow rate. When an owner or operator is determining
concentration as part of determining annual average VOC mass flow rate
under paragraph (f)(3) of this section, the procedures specified in
paragraph (g)(2)(i) and (g)(2)(ii) of this section shall be used.
Measurements shall be taken at the point of determination.
(i) If an owner or operator is measuring concentration as part of
determining annual average VOC mass flow rate under paragraph (f)(3) of
this section, Method 25D of 40 CFR part 60, appendix A shall be used to
determine annual average concentration.
(ii) A minimum of three wastewater samples from each process
wastewater stream or aqueous in-process stream shall be taken. Samples
may be grab samples or composite samples.
(h) Determining annual average flow rate for a process wastewater
stream or aqueous in-process stream. The annual average flow rate shall
be representative of the process wastewater stream or aqueous in-
process stream generated by the designated CPU over the designated 12-
month period. The owner or operator shall consider the total annual
average wastewater volume generated by the designated CPU. The owner or
operator shall determine the annual average flow rate using the
procedures specified in paragraphs (h)(1) and (h)(2) of this section.
(1) For process wastewater streams, the annual average flow rate
shall be determined either at the point of determination or downstream
of the point of determination, with adjustment for flow rate changes
made according to Sec. 60.782(c)(4) of this subpart if a point
downstream of the point of determination is used. For aqueous in-
process streams, the annual average flow rate shall be determined
before the point of determination, and the owner or operator shall make
corrections if streams are mixed or treated before being measured.
(2) The procedures in Sec. 60.782(c)(1) through (c)(3) of this
subpart are considered acceptable procedures for determining flow rate.
The procedures in Sec. 60.782(c)(1) through (c)(3) of this subpart may
be used in combination, and no one procedure shall take precedence over
another.
(i) [Reserved]
(j) Sum VOC emissions generated by the designated CPU.--(i) VOC
emissions. Sum the annual average VOC emissions, as calculated in
paragraph (f)(1) or (f)(2) of this section, for each process wastewater
stream and each aqueous in-process stream affected by the physical or
operational change to determine the annual average VOC emissions for
the designated CPU.
(2) VOC mass flow rate. Sum the annual average VOC mass flow rate,
as calculated in paragraph (f)(3) of this section, for each process
wastewater stream affected by the physical or operational change to
determine the annual average VOC mass flow rate for the designated CPU.
Sum the annual average VOC mass flow rate, as calculated in paragraph
(f)(3) of this section, for each aqueous in-process stream affected by
the physical or operational change to determine the annual average VOC
mass flow rate for the designated CPU. Once a determination has been
made that VOC emissions have increased, the owner or operator can elect
not to make the other comparison.
(k) Reconstruction. (1) For the purposes of this subpart ``fixed
capital cost of the new components,'' as used in Sec. 60.15 of this
part, includes the fixed capital cost of all depreciable components
which are replaced within any 2-year rolling period following September
12, 1994. Replacement costs shall be charged to the first day the owner
or operator incurred any expenses involving the actual work of
replacement, i.e., the designated CPU has had either components removed
in preparation of the replacements or components added as replacements.
When replacement of components, e.g., replacing a distillation column,
is reasonably viewed as a project, the cost of the entire project shall
be charged to the first day the owner or operator incurred any expenses
involving the actual work of replacement.
(2) The owner or operator shall either keep a record for the
purposes of this subpart or provide on demand documentation kept for
financial or tax purposes that documents when costs for replacements
were first incurred and the costs of the replacements.
[[Page 68013]]
Sec. 60.773 Process wastewater provisions--General.
(a) Process wastewater--general. This paragraph (a) specifies the
requirements applicable to process wastewater streams located at
affected facilities. The owner or operator shall comply with the
requirements in paragraphs (a)(1) through (a)(3) of this section, no
later than the applicable dates specified in Sec. 60.770 of this
subpart.
(1) Determine wastewater streams to be controlled. Determine
whether each wastewater stream requires control for VOC by following
the requirements in either paragraph (b) of this section, determining
Group 1 or Group 2, or paragraph (c) of this section, designating Group
1, and comply with the requirements in paragraph (d) of this section.
(2) Requirements for Group 1 wastewater streams. For wastewater
streams that are Group 1, comply with paragraphs (a)(2)(i) through
(a)(2)(ix) of this section.
(i) Comply with the applicable requirements for wastewater tanks,
surface impoundments, containers, individual drain systems, and oil-
water separators as specified in Sec. 60.774 of this subpart.
(ii) Comply with the applicable requirements for control of VOC for
treatment processes and the test methods and procedures to determine
compliance as specified in Secs. 60.779 and 60.783 of this subpart.
Alternatively, the owner or operator may elect to comply with the
treatment provisions specified in paragraph (e) of this section.
(iii) Comply with the applicable control device, leak inspection,
and delay of repair provisions as specified in Secs. 60.780, 60.786,
and 60.777 of this subpart, unless otherwise specified in this subpart.
(iv) Comply with the applicable monitoring requirements specified
in Sec. 60.781 of this subpart, unless otherwise specified in this
subpart.
(v) Comply with the applicable reporting and recordkeeping
requirements specified in Secs. 60.784 and 60.785 of this subpart,
unless otherwise specified in this subpart.
(3) Requirements for Group 2 wastewater streams. For wastewater
streams that are Group 2, comply with the applicable reporting and
recordkeeping requirements specified in Secs. 60.784 and 60.785 of this
subpart.
(b) How to determine Group 1 or Group 2 status. This paragraph (b)
provides instructions for determining whether a process wastewater
stream is Group 1 or Group 2. Annual average concentration shall be
determined according to the procedures specified in Sec. 60.782(b) of
this subpart. Annual average flow rate shall be determined according to
the procedures specified in Sec. 60.782(c) of this subpart.
(1) A wastewater stream is a Group 1 wastewater stream if:
(i) The annual average concentration of VOC is greater than or
equal to 10,000 parts per million by weight at any flow rate; or
(ii) The annual average concentration of VOC is greater than or
equal to 500 parts per million by weight and the annual average flow
rate is greater than or equal to 1 liter per minute.
(2) A wastewater stream is a Group 2 wastewater stream if it is not
a Group 1 wastewater stream by the criteria in paragraph (b)(1) of this
section.
(c) How to designate a Group 1 wastewater stream. The owner or
operator may elect to designate a wastewater stream as a Group 1
wastewater stream in order to comply with paragraph (a)(1) of this
section. To designate a wastewater stream or a mixture of wastewater
streams as a Group 1 wastewater stream, the procedures specified in
paragraphs (c)(1) and (c)(2) of this section and Sec. 60.782(a)(2) of
this subpart shall be followed.
(1) From the point of determination for each wastewater stream that
is included in the Group 1 designation to the location where the owner
or operator elects to designate such wastewater stream(s) as a Group 1
wastewater stream, the owner or operator shall comply with all
applicable emission suppression requirements specified in Sec. 60.774
of this subpart.
(2) From the location where the owner or operator designates a
wastewater stream or mixture of wastewater streams to be a Group 1
wastewater stream, such Group 1 wastewater stream shall be managed in
accordance with all applicable emission suppression requirements
specified in Sec. 60.774 of this subpart and with the treatment
requirements in Sec. 60.779 of this subpart.
(d) Owners or operators shall not discard liquid or solid organic
materials containing greater than 10,000 parts per million VOC (as
determined by analysis of the stream composition, engineering
calculations, or process knowledge) from a chemical process unit to
water or wastewater, unless the receiving stream is managed and treated
as a Group 1 wastewater stream. This prohibition does not apply to
materials from the activities listed in paragraphs (d)(1) through
(d)(4) of this section.
(1) Equipment leaks;
(2) Activities included in maintenance or startup/shutdown/
malfunction plans;
(3) Spills; or
(4) Samples.
(e) Off-site or third-party treatment. The owner or operator may
elect to transfer a Group 1 wastewater stream or residual removed from
a Group 1 wastewater stream to an on-site treatment operation not owned
or operated by the owner or operator of the affected facility
generating the wastewater stream or residual, or to an off-site
treatment operation.
(1) The owner or operator transferring the wastewater stream or
residual shall:
(i) Comply with the provisions specified in Sec. 60.774 of this
subpart for each waste management unit that receives or manages a Group
1 wastewater stream or residual removed from a Group 1 wastewater
stream prior to shipment or transport.
(ii) Include a notice with the shipment or transport of each Group
1 wastewater stream or residual removed from a Group 1 wastewater
stream. The notice shall state that the wastewater stream or residual
contains VOC that are to be treated in accordance with the provisions
of this subpart. When the transport is continuous or ongoing (for
example, discharge to a publicly-owned treatment works), the notice
shall be submitted to the treatment operator initially and whenever
there is a change in the required treatment. These notices shall be
retained by the owner or operator as specified in Sec. 60.785(c) of
this subpart.
(2) The owner or operator may not transfer the wastewater stream or
residual unless the transferee has submitted to EPA a written
certification that the transferee will manage and treat any Group 1
wastewater stream or residual removed from a Group 1 wastewater stream
received from a affected facility subject to the requirements of this
subpart in accordance with the requirements of either Secs. 60.774
through 60.786 of this subpart or Sec. 60.787(b) of this subpart if
alternative emission limitations have been granted the transferor in
accordance with those provisions. The certifying entity may revoke the
written certification by sending a written statement to EPA and the
owner or operator giving at least 90 days notice that the certifying
entity is rescinding acceptance of responsibility for compliance with
the regulatory provisions listed in this paragraph (e)(2). Upon
expiration of the notice period, the owner or operator may not transfer
the wastewater stream or residual to the treatment operation.
[[Page 68014]]
(3) By providing this written certification to EPA the certifying
entity accepts responsibility for compliance with the regulatory
provisions listed in paragraph (e)(2) of this section with respect to
any shipment of wastewater or residual covered by the written
certification. Failure to abide by any of those provisions with respect
to such shipments may result in enforcement action by EPA against the
certifying entity in accordance with the enforcement provisions
applicable to violations of these provisions by owners or operators of
affected facilities.
(4) Written certifications and revocation statements, to EPA from
the transferees of wastewater or residuals shall be signed by a
responsible official of the certifying entity, provide the name and
address of the certifying entity, and be sent to the appropriate EPA
Regional Office. Such written certifications are not transferable by
the treater.
Sec. 60.774 Wastewater tank, surface impoundment, container,
individual drain system, and oil-water separator provisions.
(a) Purpose of this section. (1) This section specifies control
requirements for the following waste management units: wastewater
tanks, surface impoundments, containers, individual drain systems, and
oil-water separators.
(2) For each waste management unit that receives, manages, treats,
or otherwise handles a Group 1 wastewater stream or a residual taken
from a Group 1 wastewater stream, the owner or operator shall comply
with one of the compliance option paragraphs in this section, as
appropriate. Paragraphs (a)(2)(i) through (a)(2)(v) of this section
list the compliance options and waste management units to which they
apply. A waste management unit shall be in compliance with one of the
compliance options specified in this section. The same compliance
option does not have to be used for all waste management units of the
same or different types. A summary of the compliance options available
for each waste management unit is provided in Table 3 of this subpart.
(i) HON. The provisions of the ``National Emissions Standard for
Organic Hazardous Air Pollutants from the Synthetic Organic Chemical
Manufacturing Industry,'' also known as the ``HON,'' may be used to
comply for all types of waste management units as specified in
paragraph (c) of this section. The HON is located in 40 CFR part 63,
subparts F and G.
(ii) Standard-standards. The provisions of the ``National Emission
Standards for Containers,'' the ``National Emission Standards for
Surface Impoundments,'' the ``National Emission Standards for
Individual Drain Systems,'' and the ``National Emission Standards for
Oil-Water Separators and Organic-Water Separators,'' also known as the
standard-standards, may be used as a compliance option as specified in
paragraph (d) of this section. These standard-standards are located in
40 CFR, part 63, subparts PP, QQ, RR, and VV, respectively.
(iii) Petroleum Refinery NSPS. The provisions of the ``Standards of
Performance for VOC Emissions from Petroleum Refinery Wastewater
Systems'' may be used to comply for individual drain systems as
specified in paragraph (e) of this section. The Petroleum Refinery NSPS
is located in 40 CFR, part 60, subpart QQQ.
(iv) RCRA, subpart CC. The provisions of ``Air Emission Standards
for Tanks, Surface Impoundments, and Containers'' may be used to comply
for wastewater tanks, surface impoundments, and containers as specified
in paragraphs (f) and (g), respectively, of this section. The RCRA,
subpart CC rules are located in 40 CFR part 264, subpart CC and 40 CFR,
part 265, subpart CC.
(v) Benzene Waste. The provisions of the ``National Emission
Standard for Benzene Waste Operations'' may be used to comply for all
types of waste management units as specified in paragraph (h) of this
section. The Benzene Waste rule is located in 40 CFR part 61, subpart
FF.
(b) General requirements. (1) For each wastewater tank that
receives, manages, treats, or otherwise handles a Group 1 wastewater
stream or a residual taken from a Group 1 wastewater stream that meets
the vapor pressure and capacity cutoffs presented in Table 4 of this
subpart. The owner or operator shall choose an appropriate control
requirement for wastewater tanks as specified in Table 4 of this
subpart.
(2) Table 5 of this subpart provides a summary of the requirements
of each compliance option.
(3) Inspection requirements. When complying with one of the six
control requirement options for waste management units, listed in Table
3 of this subpart, the owner or operator shall comply with the
applicable inspection provisions corresponding to the selected control
requirement option.
(4) Definition requirements. When definitions differ between this
subpart and one of the six compliance options, the definitions in this
subpart shall apply, unless the specified term in the selected
compliance option is not defined in this subpart. In such cases, the
definitions from the selected compliance option shall apply.
(5) Owners or operators shall specify the control option used for
each waste management unit as specified in Sec. 60.784(c) of this
subpart.
(c) Requirements for Hazardous Organic NESHAP (HON) compliance
option. Owners or operators selecting the HON compliance option shall
comply with paragraph (c)(1) of this section and with paragraph (c)(2)
or (c)(3) of this section.
(1) The owner or operator of a waste management unit that is
subject to both 40 CFR part 63, subparts F and G (HON) and this subpart
shall comply with either paragraph (c)(2) or (c)(3) of this section.
The owner or operator of a waste management unit that is subject to
this subpart but not subject to the HON shall comply with paragraph
(c)(3) of this section.
(2) Comply with the applicable requirements specified in 40 CFR
63.133 through 63.137, except as specified in paragraphs (c)(2)(i)(A)
through (c)(2)(i)(H) of this section. Comply with the control device
provisions, delay of repair provisions, and leak inspection provisions
specified in 40 CFR 63.139, 63.140, and 63.148 and with the monitoring,
reporting, and recordkeeping provisions specified in 40 CFR 63.143,
63.146, and 63.147, except as specified in paragraphs (c)(2)(ii)
through (c)(2)(vii) of this section.
(i) The following exceptions apply to the provisions of 40 CFR
63.133 through 63.137:
(A) Waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere, provided the pressure
relief device is not used for planned or routine venting of VOC
emissions.
(B) All pressure relief devices shall remain in a closed position
at all times except when it is necessary for the pressure relief device
to open for the purpose of preventing physical damage or permanent
deformation of the waste management unit in accordance with good
engineering and safety practices.
(C) When the term ``organic HAP emissions'' or ``organic hazardous
air pollutants emissions'' is used in 40 CFR 63.133, the term ``VOC
emissions'' shall apply for the purposes of this subpart.
(D) When the term ``organic HAP vapors'' or ``organic hazardous air
pollutants vapors'' is used in 40 CFR 63.133, 63.135, and 63.137, the
term ``VOC vapors'' shall apply for the purposes of this subpart.
(E) When the terms ``Group 1 wastewater stream'' or ``Group 2
wastewater stream'' are used in 40 CFR
[[Page 68015]]
63.133, the definitions of these terms contained in Sec. 60.773(b)
shall apply for the purposes of this subpart.
(F) When the determination of equivalence criteria in 40 CFR
63.102(b) of subpart F is referred to in 40 CFR 63.133 and 63.137, the
provisions in Sec. 60.787(b) of this subpart shall apply for the
purposes of this subpart.
(G) When the Notification of Compliance Status requirements in 40
CFR 63.152(b) are referred to in 40 CFR 63.133 and 63.137, the
provisions in Sec. 60.784(c) of this subpart shall apply for the
purposes of this subpart. In addition, when information is required to
be reported according to 40 CFR 63.152(b) in the Notification of
Compliance Status, the information shall be reported in the
Notification of Compliance Status required by Sec. 60.784(c) of this
subpart for the purposes of this subpart.
(H) When the inspection requirements for waste management units in
table 11 of the appendix to subpart G of 40 CFR part 63 are referred to
in 40 CFR 63.136, table 11 of the appendix to subpart G of 40 CFR part
63 shall apply for the purposes of this subpart.
(ii) The following exceptions apply to the provisions of 40 CFR
63.139:
(A) Waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere, provided the pressure
relief device is not used for planned or routine venting of VOC
emissions.
(B) All pressure relief devices shall remain in a closed position
at all times except when it is necessary for the pressure relief device
to open for the purpose of preventing physical damage or permanent
deformation of the waste management unit in accordance with good
engineering and safety practices.
(C) When the term ``organic HAP emissions'' or ``organic hazardous
air pollutants emissions'' is used in 40 CFR 63.139, the term ``VOC
emissions'' shall apply for the purposes of this subpart.
(D) When the term ``organic HAP concentration'' or ``organic
hazardous air pollutants concentration'' is used in 40 CFR 63.139, the
term ``VOC concentration'' shall apply for the purposes of this
subpart.
(E) When the performance standards for treatment processes managing
Group 1 wastewater streams and/or residuals removed from Group 1
wastewater streams provisions in 40 CFR 63.138 are referred to in 40
CFR 63.139, the provisions in Sec. 60.779 shall apply for the purposes
of this subpart.
(F) When the test methods and procedures to determine compliance
requirements in 40 CFR 63.145(i) are referred to in 40 CFR 63.139, the
provisions in Sec. 60.783(i) of this subpart shall apply for the
purposes of this subpart.
(G) When the compliance demonstration for flares requirements in 40
CFR 63.145(j) are referred to in 40 CFR 63.139, the provisions in
Sec. 60.783(j) of this subpart shall apply for the purposes of this
subpart.
(iii) The following exceptions apply to the provisions of 40 CFR
63.140:
(A) Waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere, provided the pressure
relief device is not used for planned or routine venting of VOC
emissions.
(B) All pressure relief devices shall remain in a closed position
at all times except when it is necessary for the pressure relief device
to open for the purpose of preventing physical damage or permanent
deformation of the waste management unit in accordance with good
engineering and safety practices.
(iv) The following exceptions apply to the provisions of 40 CFR
63.143:
(A) Waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere, provided the pressure
relief device is not used for planned or routine venting of VOC
emissions.
(B) All pressure relief devices shall remain in a closed position
at all times except when it is necessary for the pressure relief device
to open for the purpose of preventing physical damage or permanent
deformation of the waste management unit in accordance with good
engineering and safety practices.
(C) When the definitions in 40 CFR 63.101 of subpart F or in 40 CFR
63.111 are referred to in 40 CFR 63.143, the provisions in Sec. 60.771
of this subpart shall apply for the purposes of this subpart.
(D) When the performance standards for treatment processes managing
Group 1 wastewater streams and/or residuals removed from Group 1
wastewater streams provisions in 40 CFR 63.138 are referred to in 40
CFR 63.143, the provisions in Sec. 60.779 shall apply for the purposes
of this subpart.
(E) When the request for approval to monitor alternative parameters
requirements in 40 CFR 63.151(f) are referred to in 40 CFR 63.143 the
provisions in Sec. 60.784(b)(6) of this subpart shall apply for the
purposes of this subpart.
(v) The following exceptions apply to the provisions of 40 CFR
63.146:
(A) Waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere, provided the pressure
relief device is not used for planned or routine venting of VOC
emissions.
(B) All pressure relief devices shall remain in a closed position
at all times except when it is necessary for the pressure relief device
to open for the purpose of preventing physical damage or permanent
deformation of the waste management unit in accordance with good
engineering and safety practices.
(C) When the Notification of Compliance Status requirements in 40
CFR 63.152(b) are referred to in 40 CFR 63.146, the provisions in
Sec. 60.784(c) of this subpart shall apply for the purposes of this
subpart. In addition, when information is required to be reported
according to 40 CFR 63.152(b) in the Notification of Compliance Status,
the information shall be reported in the Notification of Compliance
Status required by Sec. 60.784(c) for the purposes of this subpart.
(D) When the inspection requirements for waste management units in
table 11 of the appendix to subpart G of 40 CFR part 63 are referred to
in 40 CFR 63.146, table 11 of the appendix to subpart G of 40 CFR part
63 shall apply for the purposes of this subpart.
(E) When the performance standards for treatment processes managing
Group 1 wastewater streams and/or residuals removed from Group 1
wastewater streams provisions in 40 CFR 63.138 are referred to in 40
CFR 63.146, the provisions in Sec. 60.779 shall apply for the purposes
of this subpart.
(F) When the request for approval to monitor alternative parameters
requirements in 40 CFR 63.151(f) are referred to in 40 CFR 63.146, the
provisions in Sec. 60.784(b)(6) of this subpart shall apply for the
purposes of this subpart.
(G) When the Periodic Report requirements in 40 CFR 63.152(c) are
referred to in 40 CFR 63.146, the provisions in 40 CFR 63.152(c) of
this subpart that are applicable to waste management units shall apply
for the purposes of submitting semiannual reports in this subpart. In
addition, when information is required to be reported according to 40
CFR 63.152(c) in the Periodic Report, the information shall be reported
in the semiannual report required by 40 CFR 63.152(c) for the purposes
of this subpart.
(vi) The following exceptions apply to the provisions of 40 CFR
63.147:
(A) Waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere, provided the pressure
relief device is not used for planned or routine venting of VOC
emissions.
(B) All pressure relief devices shall remain in a closed position
at all times
[[Page 68016]]
except when it is necessary for the pressure relief device to open for
the purpose of preventing physical damage or permanent deformation of
the waste management unit in accordance with good engineering and
safety practices.
(C) When the term ``organic hazardous air pollutants'' is used in
40 CFR 63.147, the term ``VOC'' shall apply for the purposes of this
subpart.
(D) When the third-party treatment requirements in 40 CFR 63.132(g)
are referred to in 40 CFR 63.147, the provisions in Sec. 60.773(e)
shall apply for the purposes of this subpart.
(E) When the process knowledge of the wastewater requirements in 40
CFR 63.144(b)(3) or (c)(1) are referred to in 40 CFR 63.147, the
provisions in Sec. 60.782(b)(3) or (c)(1) shall apply for the purposes
of this subpart.
(F) When the continuous records requirements in 40 CFR 63.152(f)
are referred to in 40 CFR 63.147, the provisions in Sec. 60.785(e) of
this subpart shall apply for the purposes of this subpart.
(vii) The following exceptions apply to the provisions of 40 CFR
63.148:
(A) Waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere, provided the pressure
relief device is not used for planned or routine venting of VOC
emissions.
(B) All pressure relief devices shall remain in a closed position
at all times except when it is necessary for the pressure relief device
to open for the purpose of preventing physical damage or permanent
deformation of the waste management unit in accordance with good
engineering and safety practices.
(3) Comply with the applicable requirements specified in 40 CFR
63.133 through 63.137, except as specified in paragraphs (c)(3)(i) and
(c)(3)(xiii) of this section. Comply with the control device
provisions, delay of repair provisions, and leak inspection provisions
specified in Secs. 60.780, 60.777, and 60.786 of this subpart and with
the monitoring, reporting, and recordkeeping provisions specified in
Secs. 60.781, 60.784, and 60.785 of this subpart.
(i) Waste management units may be equipped with pressure relief
devices that vent directly to the atmosphere, provided the pressure
relief device is not used for planned or routine venting of VOC
emissions.
(ii) All pressure relief devices shall remain in a closed position
at all times except when it is necessary for the pressure relief device
to open for the purpose of preventing physical damage or permanent
deformation of the waste management unit in accordance with good
engineering and safety practices.
(iii) When the term ``organic HAP emissions'' or ``organic
hazardous air pollutants emissions'' is used in 40 CFR 63.133, the term
``VOC emissions'' shall apply for the purposes of this subpart.
(iv) When the term ``organic HAP vapors'' or ``organic hazardous
air pollutants vapors'' is used in 40 CFR 63.133, 63.135, and 63.137,
the term ``VOC vapors'' shall apply for the purposes of this subpart.
(v) When the terms ``Group 1 wastewater stream'' or ``Group 2
wastewater stream'' are used in 40 CFR 63.133, the definitions of these
terms contained in Sec. 60.773(b) shall apply for the purposes of this
subpart.
(vi) When the determination of equivalence criteria in 40 CFR
63.102(b) of subpart F is referred to in 40 CFR 63.133 and 63.137, the
provisions in Sec. 60.787(b) of this subpart shall apply for the
purposes of this subpart.
(vii) When the control device provisions for process wastewater in
40 CFR 63.139 are referred to in 40 CFR 63.133, 63.134, 63.135, 63.136,
63.137, the provisions in Sec. 60.780 shall apply for the purposes of
this subpart.
(viii) When the delay of repair provisions in 40 CFR 63.140 are
referred to in 40 CFR 63.133, 63.134, 63.135, 63.136, 63.137, the
provisions in Sec. 60.777 shall apply for the purposes of this subpart.
(ix) When the inspection and monitoring of operations provisions in
40 CFR 63.143 are referred to in 40 CFR 63.133, 63.134, 63.135, 63.137,
the provisions in Sec. 60.781 shall apply for the purposes of this
subpart.
(x) When the leak inspection provisions in 40 CFR 63.148 are
referred to in 40 CFR 63.133, 63.134, 63.135, 63.136, and 63.137, the
provisions in Sec. 60.786 shall apply for the purposes of this subpart.
(xi) When the Notification of Compliance Status requirements in 40
CFR 63.152(b) are referred to in 40 CFR 63.133 and 63.137, the
provisions in Sec. 60.784(c) of this subpart shall apply for the
purposes of this subpart. In addition, when information is required to
be reported according to 40 CFR 63.152(b) in the Notification of
Compliance Status, the information shall be reported in the
Notification of Compliance Status required by Sec. 60.784(c) for the
purposes of this subpart.
(xii) When the compliance options for wastewater tanks requirements
in table 10 of the appendix to subpart G of 40 CFR part 63 are referred
to in 40 CFR 63.133, table 4 of this subpart shall apply for the
purposes of this subpart.
(xiii) When the inspection requirements for waste management units
in table 11 of the appendix to subpart G of 40 CFR part 63 are referred
to in 40 CFR 63.136, table 11 of the appendix to subpart G of 40 CFR
part 63 shall apply for the purposes of this subpart.
(d) Requirements for Standard-standards compliance option. Owners
or operators selecting the Standard-standards compliance option shall
comply with paragraph (d)(1) or (d)(2) of this section. The Standard-
standards compliance option includes requirements for surface
impoundments specified in 40 CFR part 63, subpart QQ, containers
specified in 40 CFR part 63, subpart PP, individual drain systems
specified in 40 CFR part 63, subpart RR, and oil-water separators
specified in 40 CFR part 63, subpart VV.
(1) Comply with the applicable requirements specified in paragraphs
(d)(1)(i) through (d)(1)(iv) of this section, as applicable.
(i) Surface impoundments. Comply with the surface impoundment
requirements specified in 40 CFR 63.942 and 63.943, except as specified
in paragraph (d)(1)(i)(A) of this section. Comply with the inspection
provisions specified in 40 CFR 63.946, the test methods and procedures
(i.e., leak inspection provisions) specified in 40 CFR 63.945, the
delay of repair provisions specified in 40 CFR 63.946(c), and with the
monitoring, reporting, and recordkeeping provisions specified in 40 CFR
63.946, 63.948, and 63.947, except as specified in paragraphs
(d)(1)(i)(B) through (d)(1)(i)(E) of this section.
(A) The following exceptions apply to the provisions of 40 CFR
63.942 and 63.943:
(1) When the term ``air emissions'' is used in 40 CFR 63.942 and
63.943, the term ``VOC emissions'' shall apply for purposes of this
subpart.
(2) When the term ``organic vapor permeability'' is used in 40 CFR
63.942 and 63.943, the term ``VOC permeability'' shall apply for
purposes of this subpart.
(3) For purposes of this subpart, when the provisions of 40 CFR
63.941 are referred to in 40 CFR 63.942 and 63.943, the provisions of
Sec. 60.771 shall apply, unless the specified term in 40 CFR 63.942 and
63.943 is not defined in Sec. 60.771, in such cases the provisions of
40 CFR 63.941 shall apply.
(4) When the closed-vent system and control device design and
operation requirements in 40 CFR 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.943(b)(4), the provisions in
[[Page 68017]]
Sec. Sec. 60.780 and 60.786 shall apply for purposes of this subpart.
(5) When the term ``air emission control equipment'' is used in 40
CFR 63.942 and 63.943, the term ``VOC emission control equipment''
shall apply for purposes of this subpart.
(B) The following exceptions apply to the provisions of 40 CFR
63.945:
(1) When the term ``organic HAP concentration'' is used in 40 CFR
63.945, the term ``VOC concentration'' shall apply for purposes of this
subpart.
(2) When the term ``organic constituents'' or ``individual organic
constituent'' is used in 40 CFR 63.945, the term ``VOC constituents''
or ``individual VOC constituents'' shall apply for purposes of this
subpart.
(3) When the term ``maximum organic concentration'' is used in 40
CFR 63.945, the term ``maximum VOC concentration'' shall apply for
purposes of this subpart.
(C) The following exceptions apply to the provisions of 40 CFR
63.946:
(1) When the term ``air emissions'' is used in 40 CFR 63.946, the
term ``VOC emissions'' shall apply for purposes of this subpart.
(2) When the term ``air emissions control equipment'' is used in 40
CFR 63.946, the term ``VOC emissions control equipment'' shall apply
for purposes of this subpart.
(3) When the closed-vent system and control device design and
operation requirements in 40 CFR 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.946, the inspection and monitoring
requirements in Sec. 60.781 shall apply for purposes of this subpart.
(D) The following exception applies to the provisions of 40 CFR
63.947: When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.947, the recordkeeping requirements for
closed-vent systems and control devices specified in 40 CFR 63.785
shall apply for purposes of this subpart.
(E) The following exception applies to the provisions of 40 CFR
63.948: When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.948, the reporting requirements for
closed-vent systems and control devices specified in 40 CFR 63.784
shall apply.
(ii) Containers. Comply with the container requirements for Level 1
and Level 2 containers specified in 40 CFR 63.922 and 63.923, except as
specified in paragraph (d)(1)(ii)(A) of this section. Containers with a
design capacity greater than 0.42 m<SUP>3</SUP> shall be Level 2
containers. Containers with a design capacity greater than or equal to
0.1 m<SUP>3</SUP> and less than or equal to 0.42 m<SUP>3</SUP> shall be
Level 1 containers. Other storage units with capacities less than 0.1
m<SUP>3</SUP> are not containers for the purpose of this subpart. The
requirements for Level 3 containers do not apply for the purposes of
this subpart. Comply with the inspection requirements specified in 40
CFR 63.926, the test methods and procedures (i.e., leak inspection
provisions and the procedures for determining a container to be vapor
tight) specified in 40 CFR 63.925, the delay of repair provisions
specified in 40 CFR 63.926(a)(3), and with the monitoring provisions
specified in 40 CFR 63.926, except as specified in paragraph
(d)(1)(ii)(B) and (d)(1)(ii)(C) of this section. Comply with the
reporting and recordkeeping provisions specified in Secs. 60.784 and
60.785 of this subpart.
(A) The following exceptions apply to the provisions of 40 CFR
63.922 and 63.923:
(1) When the term ``air emissions'' is used in 40 CFR 63.922 and
63.923, the term ``VOC emissions'' shall apply for purposes of this
subpart.
(2) When the term ``organic vapor-suppressing barrier'' or
``organic vapor-suppressing foam'' is used in 40 CFR 63.922 and 63.923,
the term ``VOC vapor-suppressing barrier'' or ``VOC vapor-suppressing
foam'' shall apply for purposes of this subpart.
(3) When the term ``organic vapor permeability'' is used in 40 CFR
63.922 and 63.923, the term ``VOC vapor permeability'' shall apply for
purposes of this subpart.
(4) For purposes of this subpart, when the provisions of 40 CFR
63.921 are referred to in 40 CFR 63.922 and 63.923, the provisions of
Sec. 60.771 shall apply, unless the specified term in 40 CFR 63.922 and
63.923 is not defined in Sec. 60.771, in such cases the provisions of
40 CFR 63.921 shall apply.
(B) The following exceptions apply to the provisions of 40 CFR
63.925:
(1) When the term ``no detectable organic emissions'' is used in 40
CFR 63.925, the term ``no detectable VOC emissions'' shall apply for
purposes of this subpart.
(2) When the term ``organic vapor leakage'' is used in 40 CFR
63.925, the term ``VOC leakage'' shall apply for purposes of this
subpart.
(3) When the term ``organic HAP concentration'' is used in 40 CFR
63.925, the term ``VOC concentration'' shall apply for purposes of this
subpart.
(4) When the term ``organic constituents'' or ``organic
constituent'' is used in 40 CFR 63.925, the term ``VOC constituents''
or ``VOC constituent'' shall apply for purposes of this subpart.
(5) When the term ``maximum organic concentration'' is used in 40
CFR 63.925, the term ``maximum VOC concentration'' shall apply for the
purposes of this subpart.
(C) The following exception applies to the provisions of 40 CFR
63.926: When the Container Level 3 controls in 40 CFR 63.924 are
referred to in 40 CFR 63.926, these provisions do not apply for
purposes of this subpart.
(iii) Individual drain systems. Comply with the individual drain
system requirements specified in 40 CFR 63.962, except as specified in
paragraph (d)(1)(iv)(A) of this section. Comply with the inspection
provisions in 40 CFR 63.964, the leak inspection provisions in
Sec. 60.786 of this subpart, the delay of repair provisions specified
in 40 CFR 63.964(b), and with the monitoring, reporting, and
recordkeeping provisions specified in 40 CFR 63.964, 63.966, and
63.965, except as specified in paragraph (d)(1)(iv)(B) of this section.
(A) The following exceptions apply to the provisions of 40 CFR
63.962:
(1) When the term ``air emissions'' is used in 40 CFR 63.962 , the
term ``VOC emissions'' shall apply for purposes of this subpart.
(2) When the term ``air emission control equipment'' is used in 40
CFR 63.962, the term ``VOC emission control equipment'' shall apply for
purposes of this subpart.
(3) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.962, the provisions in Secs. 60.780 and
60.786 shall apply for purposes of this subpart.
(4) When the term ``organic vapors'' is used in 40 CFR 63.962, the
term ``VOC'' shall apply for purposes of this subpart.
(B) The following exceptions apply to the provisions of 40 CFR
63.964:
(1) When the term ``air emissions'' is used in 40 CFR 63.964 , the
term ``VOC emissions'' shall apply for purposes of this subpart.
(2) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.964, the provisions in Secs. 60.780 and
60.786 shall apply for purposes of this subpart.
(iv) Oil-water separators. Comply with the oil-water separator
requirements specified in 40 CFR 63.1042, 63.1043, and 63.1044, except
as specified in paragraph (d)(1)(iv)(A) of this section. For portions
of the separator where it is infeasible to install and operate a
floating roof, such as over a weir mechanism, the owner or
[[Page 68018]]
operator shall comply with 40 CFR 63.1044. Comply with the inspection
provisions specified in 40 CFR 63.1047, test methods and procedures
(i.e., leak inspection provisions and floating roof gap seal
measurements) specified in 40 CFR 63.1046, the delay of repair
provisions specified in 40 CFR 63.1047(d), and with the monitoring,
reporting, and recordkeeping provisions specified in 40 CFR 63.1047,
63.1049, and 63.1048, except as specified in paragraphs (d)(1)(iv)(B)
through (d)(1)(iv)(E) of this section.
(A) The following exceptions apply to the provisions of 40 CFR
63.1042 through 63.1044:
(1) When the term ``air emissions'' is used in 40 CFR 63.1042
through 63.1044, the term ``VOC emissions'' shall apply for purposes of
this subpart.
(2) When the term ``organic vapor permeability'' is used in 40 CFR
63.942 and 63.943, the term ``VOC permeability'' shall apply for
purposes of this subpart.
(3) For purposes of this subpart, when the provisions of 40 CFR
63.1041 are referred to in 40 CFR 63.1042 through 63.1044, the
provisions of Sec. 60.771 shall apply, unless the specified term in 40
CFR 63.1042 through 63.1044 is not defined in Sec. 60.771, in such
cases the provisions of 40 CFR 63.1041 shall apply.
(4) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.1044(b)(4), the provisions in Secs. 60.780
and 60.786 shall apply for purposes of this subpart.
(B) The following exceptions apply to the provisions of 40 CFR
63.1046:
(1) When the term ``organic HAP concentration'' is used in 40 CFR
63.1046, the term ``VOC concentration'' shall apply for purposes of
this subpart.
(2) When the term ``organic emissions'' is used in 40 CFR 63.1046,
the term ``VOC emissions'' shall apply for purposes of this subpart.
(3) When the term ``organic vapor leakage'' is used in 40 CFR
63.1046, the term ``VOC leakage'' shall apply for purposes of this
subpart.
(C) The following exceptions apply to the provisions of 40 CFR
63.1047:
(1) When the term ``air emissions'' is used in 40 CFR 63.1042
through 63.1044, the term ``VOC emissions'' shall apply for purposes of
this subpart.
(2) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.1044(b)(4), the provisions in Secs. 60.780
and 60.786 shall apply for the purposes of this subpart.
(D) The following exception applies to the provisions of 40 CFR
63.1048: When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.1048(c), the recordkeeping requirements
for closed-vent systems and control devices specified in 40 CFR 63.785
shall apply for purposes of this subpart.
(E) The following exception applies to the provisions of 40 CFR
63.1049: When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.1049(b), the reporting requirements for
closed-vent systems and control devices specified in 40 CFR 63.784
shall apply.
(2) Comply with the applicable requirements specified in paragraphs
(d)(2)(i) through (d)(2)(iv) of this section, as applicable.
(i) Surface impoundments. Comply with the surface impoundment
requirements specified in 40 CFR 63.942 and 63.943, except as specified
in paragraph (d)(2)(i)(A) of this section. Comply with the inspection
provisions specified in 40 CFR 63.946, except as specified in paragraph
(d)(2)(i)(B) of this section. Comply with the control device, delay of
repair, and leak inspection provisions specified in Secs. 60.780,
60.777, and 60.786 of this subpart, and the monitoring, reporting, and
recordkeeping provisions specified in Secs. 60.781, 60.784, and 60.785.
(A) The following exceptions apply to the provisions of 40 CFR
63.942 and 63.943:
(1) When the term ``air emissions'' is used in 40 CFR 63.942 and
63.943, the term ``VOC emissions'' shall apply for purposes of this
subpart.
(2) When the term ``organic vapor permeability'' is used in 40 CFR
63.942 and 63.943, the term ``VOC permeability'' shall apply for
purposes of this subpart.
(3) For purposes of this subpart, when the provisions of 40 CFR
63.941 are referred to in 40 CFR 63.942 and 63.943, the provisions of
Sec. 60.771 shall apply, unless the specified term in 40 CFR 63.942 and
63.943 is not defined in Sec. 60.771, in such cases the provisions of
40 CFR 63.941 shall apply.
(4) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.943(b)(4), the provisions in Secs. 60.780
and 60.786 shall apply for purposes of this subpart.
(5) When the term ``air emission control equipment'' is used in 40
CFR 63.942 and 63.943, the term ``VOC emission control equipment''
shall apply for purposes of this subpart.
(6) When the requirements for no detectable emissions in 40 CFR
63.945(a) are referred to in 40 CFR 63.943, the provisions in
Sec. 60.786 shall apply for purposes of this subpart.
(7) When the inspection provisions specified in 40 CFR 63.946(a)
are referred to in 40 CFR 63.942, the requirements of 40 CFR
63.946(a)(3) and (a)(4) do not apply for purposes of this subpart.
(8) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.942, the provisions in Secs. 60.780 and
60.786 shall apply for the purposes of this subpart.
(9) When the inspection provisions specified in 40 CFR 63.946(b)
are referred to in 40 CFR 63.943, the requirements of 40 CFR
63.946(b)(1)(iii), (b)(1)(iv), and (b)(2) do not apply for purposes of
this subpart.
(B) The following exceptions apply to the provisions of 40 CFR
63.946:
(1) When the term ``air emissions'' is used in 40 CFR 63.946, the
term ``VOC emissions'' shall apply for purposes of this subpart.
(2) When the recordkeeping provisions of 40 CFR 63.947(a)(2) are
referred to in Sec. 63.946, the provisions of Sec. 60.785 shall apply.
(3) When the term ``air emissions control equipment'' is used in 40
CFR 63.946, the term ``VOC emissions control equipment'' shall apply
for purposes of this subpart.
(4) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.946, the inspection and monitoring
requirements in Sec. 60.781 shall apply for purposes of this subpart.
(5) When the inspection record specified in 40 CFR 63.947(a)(2) is
referred to in 40 CFR 63.946, the applicable provisions in Sec. 60.785
shall apply for the purposes of this subpart.
(ii) Containers. Comply with the container requirements specified
in 40 CFR 63.922 and 63.923, except as specified in paragraph
(d)(2)(ii)(A) of this section. Comply with the inspection provisions
specified in 40 CFR 63.926, except as specified in paragraph
(d)(2)(ii)(B) of this section. Comply with the control device, delay of
repair, and leak inspection provisions specified in Secs. 60.780,
60.777, and 60.786 of this subpart, and the monitoring, reporting, and
recordkeeping provisions specified in Secs. 60.781, 60.784, and 60.785.
[[Page 68019]]
(A) The following exceptions apply to the provisions of 40 CFR
63.922 and 63.923:
(1) When the term ``air emissions'' is used in 40 CFR 63.922 and
63.923, the term ``VOC emissions'' shall apply for purposes of this
subpart.
(2) When the term ``organic vapor-suppressing barrier'' or
``organic vapor-suppressing foam'' is used in 40 CFR 63.922 and 63.923,
the term ``VOC vapor-suppressing barrier'' or ``VOC vapor-suppressing
foam'' shall apply for purposes of this subpart.
(3) When the term ``organic vapor permeability'' is used in 40 CFR
63.922 and 63.923, the term ``VOC vapor permeability'' shall apply for
purposes of this subpart.
(4) For purposes of this subpart, when the provisions of 40 CFR
63.921 are referred to in 40 CFR 63.922 and 63.923, the provisions of
Sec. 60.771 shall apply, unless the specified term in 40 CFR 63.922 and
63.923 is not defined in Sec. 60.771, in such cases the provisions of
40 CFR 63.921 shall apply.
(5) When the requirements for no detectable organic emissions in 40
CFR 63.926(a) are referred to in 40 CFR 63.922, the requirements in
Sec. 60.786 shall apply for purposes of this subpart.
(B) The following exception applies to the provisions of 40 CFR
63.926: When the Container Level 3 controls in 40 CFR 63.924 are
referred to in 40 CFR 63.926, these provisions do not apply for
purposes of this subpart.
(iii) Individual drain systems. Comply with the individual drain
system requirements specified in 40 CFR 63.962, except as specified in
paragraph (d)(2)(iii)(A) of this section. Comply with the inspection
provisions specified in 40 CFR 63.964, except as specified in paragraph
(d)(2)(iii)(B) of this section. Comply with the control device, delay
of repair, and leak inspection provisions specified in Secs. 60.780,
60.777, and 60.786 of this subpart, and the monitoring, reporting, and
recordkeeping provisions specified in Secs. 60.781, 60.784, and 60.785.
(A) The following exceptions apply to the provisions of 40 CFR
63.962:
(1) When the term ``air emissions'' is used in 40 CFR 63.962, the
term ``VOC emissions'' shall apply for purposes of this subpart.
(2) When the term ``air emission control equipment'' is used in 40
CFR 63.962, the term ``VOC emission control equipment'' shall apply for
purposes of this subpart.
(3) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.962, the provisions in Secs. 60.780 and
60.786 shall apply for purposes of this subpart.
(4) When the term ``organic vapors'' is used in 40 CFR 63.962, the
term ``VOC'' shall apply for purposes of this subpart.
(B) The following exceptions apply to the provisions of 40 CFR
63.964:
(1) When the term ``air emissions'' is used in 40 CFR 63.964, the
term ``VOC emissions'' shall apply for purposes of this subpart.
(2) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.964, the provisions in Secs. 60.780 and
60.786 shall apply for purposes of this subpart.
(3) When the record of inspection specified in 40 CFR 63.965(a) or
(a)(3) is referred to in 40 CFR 63.964, the applicable provisions in
Sec. 60.785 shall apply for purposes of this subpart.
(iv) Oil-water separators. Comply with the oil-water separator
requirements specified in 40 CFR 63.1042, 63.1043, and 63.1044, except
as specified in paragraphs (d)(2)(iv)(A) through (d)(2)(iv)(H) of this
section. For portions of the separator where it is infeasible to
install and operate a floating roof, such as over a weir mechanism, the
owner or operator shall comply with 40 CFR 63.1044. Comply with the
control device, delay of repair, and leak inspection provisions
specified in Secs. 60.780, 60.777, and 60.786 of this subpart and with
the monitoring, reporting, and recordkeeping provisions specified in
Secs. 60.781, 60.784, and 60.785.
(A) When the term ``air emissions'' is used in 40 CFR 63.1042
through 63.1044, the term ``VOC emissions'' shall apply for purposes of
this subpart.
(B) When the term ``organic vapor permeability'' is used in 40 CFR
63.942 and 63.943, the term ``VOC permeability'' shall apply for
purposes of this subpart.
(C) For purposes of this subpart, when the provisions of 40 CFR
63.1041 are referred to in 40 CFR 63.1042 through 63.1044, the
provisions of Sec. 60.771 shall apply, unless the specified term in 40
CFR 63.1042 through 63.1044 is not defined in Sec. 60.771, in such
cases the provisions of 40 CFR 63.1041 shall apply.
(D) When the requirements for no detectable organic emissions in 40
CFR 63.1046(a) are referred to in 40 CFR 63.1042 and 63.1044, the
provisions in Sec. 60.786 shall apply for purposes of this subpart.
(E) When the inspection provisions specified in 40 CFR 63.1047(a)
are referred to in 40 CFR 63.1042(d), the requirements of 40 CFR
63.1047(a)(3) and (a)(4) do not apply for purposes of this subpart.
(F) When the inspection provisions specified in 40 CFR 63.1047(b)
are referred to in 40 CFR 63.1043(d), the requirements of 40 CFR
63.1047(b)(1)(iv), (b)(1)(v), (b)(2)(iii), and (b)(2)(iv) do not apply
for purposes of this subpart.
(G) When the inspection and monitoring provisions specified in 40
CFR 63.1047(c) are referred to in 40 CFR 63.1044(d), the requirements
of 40 CFR 63.1047(c)(1)(iii), (c)(1)(iv), and (c)(2) do not apply for
purposes of this subpart.
(H) When the closed-vent system and control device design and
operation requirements in Sec. 63.693 of 40 CFR part 63, subpart DD,
are referred to in 40 CFR 63.1044(b)(4), the provisions in Secs. 60.780
and 60.786 shall apply for purposes of this subpart.
(e) Requirements for Petroleum Refinery Wastewater Systems NSPS
compliance option. Owners or operators selecting the Petroleum Refinery
compliance option shall comply with paragraph (e)(1) of this section
and with paragraph (e)(2) or (e)(3) of this section.
(1) The owner or operator of an individual drain system that is
subject to both 40 CFR part 60, subpart QQQ and this subpart shall
comply with either paragraph (e)(2) or (e)(3) of this section. The
owner or operator of an individual drain system that is subject to this
subpart but not subject to 40 CFR part 60, subpart QQQ shall comply
with paragraph (e)(3) of this section.
(2) Comply with the applicable requirements specified in 40 CFR
60.693-1(b) and (e). Comply with the closed-vent system and control
device provisions, leak inspection provisions, and delay of repair
provisions specified in 40 CFR 60.692-5, 60.696(b), and 60.692-6 and
with the monitoring, recordkeeping, and reporting provisions specified
in 40 CFR 60.695, 60.697, and 60.698, except as specified in paragraphs
(e)(2)(i) through (e)(2)(iii) of this section.
(i) The following exceptions apply to the provisions of
Sec. 60.692-5:
(A) When the provisions of 40 CFR 60.18 are referred to in 40 CFR
60.692-5(c), owners or operators shall comply with the provisions of
Table 2 of this subpart for purposes of this subpart.
(B) When the procedures for acquiring approval to use alternative
monitoring provisions are discussed in 40 CFR 60.695 (a) and (c), the
provisions of Sec. 60.784(b) shall apply for purposes of this subpart.
(C) When the provisions of 40 CFR 60.18(f)(2) are referred to in 40
CFR 60.695(a)(4), owners or operators shall
[[Page 68020]]
comply with the provisions of Sec. 60.783(j) for purposes of this
subpart.
(ii) The following exceptions apply to the provisions of
Sec. 60.697:
(A) When complying with the recordkeeping provisions specified in
40 CFR 60.697, the provisions of paragraphs (a), (b)(1), (b)(2), (c),
(g), (h), (i), and (j) of 40 CFR 60.697 shall not apply because the
provisions of these paragraphs are not related to individual drain
systems or closed vent systems and control devices.
(B) When complying with Sec. 60.697(f)(3)(iv), owners or operators
shall use the procedures specified in Sec. 60.787 for purposes of this
subpart.
(iii) The following exceptions apply to the provisions of
Sec. 60.698:
(A) When complying with the reporting provisions specified in 40
CFR 60.698, the provisions of paragraphs (a) of 40 CFR 60.698 shall not
apply because complying with 40 CFR 60.693 is not an alternative
standard for purposes of this subpart.
(B) When complying with the reporting provisions specified in 40
CFR 60.698, the provisions of paragraphs (b) of 40 CFR 60.698 shall not
apply because paragraph (b) of 40 CFR 60.698 relates to compliance
demonstration information that is required to be submitted under
60.784.
(C) When complying with the reporting provisions specified in 40
CFR 60.698, the provisions of paragraphs (e) of 40 CFR 60.698 shall not
apply because owners or operators are not subject to 40 CFR 60.692-7.
(3) Comply with the applicable requirements specified in 40 CFR
60.693-1(b) and (e), except as specified in paragraphs (e)(3)(i)
through (e)(3)(ii) of this section. Comply with the control device,
leak inspection, and delay of repair provisions specified in
Secs. 60.780, 60.786, and 60.777 of this subpart and with the
monitoring, reporting, and recordkeeping provisions specified in
Secs. 60.781, 60.784, and 60.785 of this subpart.
(i) When the standards for closed-vent systems and control devices
in Sec. 60.692-5 are referred to in Sec. 60.693-1(b), the provisions in
Secs. 60.780 and 60.786 shall apply for purposes of this subpart.
(ii) When the delay of repair provisions in Sec. 60.692-6 are
referred to in Sec. 60.693-1(e), the provisions in Sec. 60.777 shall
apply for purposes of this subpart.
(f) Requirements for RCRA 40 CFR part 264, subpart CC compliance
option. Owners or operators selecting the RCRA 40 CFR part 264, subpart
CC compliance option shall comply with paragraph (f)(1) of this section
and with paragraph (f)(2) or (f)(3) of this section.
(1) The owner or operator of a wastewater tank, surface
impoundment, or container that is subject to both 40 CFR part 264,
subpart CC and this subpart shall comply with either paragraph (f)(2)
or (f)(3) of this section. The owner or operator of a wastewater tank,
surface impoundment, or container that is subject to this subpart but
not subject to 40 CFR part 264, subpart CC shall comply with paragraph
(f)(3) of this section.
(2) Comply with the applicable requirements specified in 40 CFR
264.1084 through 264.1086, except as specified in paragraph (f)(2)(i)
of this section. Comply with the closed-vent system and control device
provisions in 40 CFR 264.1087, with the delay of repair provisions in
40 CFR 264.1084(k), 264.1085(f), and 264.1086(c)(4)(iii) and
(d)(4)(iii), and with the inspection and monitoring, recordkeeping, and
reporting provisions specified in 40 CFR 264.1088, 264.1089, and
264.1090, except as specified in paragraphs (f)(2)(ii) through
(f)(2)(v) of this section.
(i) The following exceptions apply to the provisions of 40 CFR
264.1084 through 264.1086:
(A) For purposes of this subpart, 40 CFR 264.1084(a) and (j),
264.1085(a) and (e), and 264.1086(a) and (d)(2) do not apply.
(B) For purposes of this subpart, when the provisions of 40 CFR
264.1081 are referred to in 40 CFR 264.1084 through 264.1086, the
provisions of Sec. 60.771 shall apply, unless the specified term in 40
CFR 264.1084 through 264.1086 is not defined in Sec. 60.771, in such
cases the provisions of 40 CFR 264.1081 shall apply.
(C) When the term ``hazardous waste'' is used in 40 CFR 264.1084
through 264.1086, the term ``wastewater or residual'' shall apply for
purposes of this subpart.
(D) When the term ``tank'' is used in 40 CFR 264.1084 through
264.1086, the term ``wastewater tank'' shall apply for purposes of this
subpart.
(E) When the terms ``air pollutant emissions'' or ``organic
emissions'' are used in 40 CFR 264.1084 through 264.1086, the term
``VOC emissions'' shall apply for purposes of this subpart.
(F) When the term ``maximum organic vapor pressure'' is used in 40
CFR 264.1084, the term ``maximum true vapor pressure'' shall apply for
purposes of this subpart, and the maximum true vapor pressure shall be
determined as specified in Sec. 60.771 for purposes of this subpart.
(ii) The following exceptions apply to the provisions of 40 CFR
264.1087:
(A) When the provisions of 40 CFR 264.1033(e) are referred to in 40
CFR 264.1087(c)(5)(ii), the provisions of Sec. 60.783(j) shall apply
for purposes of this subpart.
(B) When the provisions of 40 CFR 264.1034(c)(1) through (c)(4) are
referred to in 40 CFR 265.1087(c)(5)(iii), the provisions of
Sec. 60.783 shall apply for purposes of this subpart.
(C) When the terms ``organic'' or ``organics'' are used in 40 CFR
264.1087, the term ``VOC'' shall apply for purposes of this subpart.
(iii) The following exception applies to the provisions of 40 CFR
264.1088: When 40 CFR 264.1088(b) requires that ``the owner or operator
shall incorporate this plan and schedule into the facility inspection
plan required under 40 CFR 264.15,'' the written plan and schedule
required by this paragraph 40 CFR 264.1088(b) shall be submitted as
part of the Notification of Compliance Status required by
Sec. 60.784(c) for purposes of this subpart.
(iv) The following exceptions apply to the provisions of 40 CFR
264.1089:
(A) When complying with the recordkeeping provisions specified in
40 CFR 264.1089, the provisions of paragraphs (a), (e)(1)(iii), (f),
(h), (i), and (j) of 40 CFR 264.1089 shall not apply because the
provisions of these paragraphs are not related to waste management
units or closed vent systems and control devices.
(B) When the term ``hazardous waste'' is used in 40 CFR 264.1089,
the term ``wastewater or residual'' shall apply for purposes of this
subpart.
(C) When the term ``maximum organic vapor pressure'' is used in 40
CFR 264.1089, the term ``maximum true vapor pressure'' shall apply for
purposes of this subpart, and the maximum true vapor pressure shall be
determined as specified in Sec. 60.771 for purposes of this subpart.
(v) The following exceptions apply to the provisions of 40 CFR
264.1090:
(A) When complying with the reporting provisions specified in 40
CFR 264.1090, the provisions of paragraph (a) of 40 CFR 264.1090 shall
not apply because the provisions of this paragraph are not related to
waste management units or closed vent systems and control devices.
(B) [Reserved]
(3) Comply with the applicable requirements specified in 40 CFR
264.1084 through 264.1086, except as specified in paragraphs (f)(3)(i)
through (f)(3)(xi) of this section. Comply with the control device,
leak detection, and delay of repair provisions specified in
Secs. 60.780, 60.786, and 60.777 of this subpart and with the
monitoring,
[[Page 68021]]
reporting, and recordkeeping provisions specified in Secs. 60.781,
60.784, and 60.785 of this subpart.
(i) For purposes of this subpart, 40 CFR 264.1084(a) and (j),
264.1085(a) and (e), and 264.1086(a) and (d)(2) do not apply.
(ii) For purposes of this subpart, when the provisions of 40 CFR
264.1081 are referred to in 40 CFR 264.1084 through 264.1086, the
provisions of Sec. 60.771 shall apply, unless the specified term in 40
CFR 264.1084 through 264.1086 is not defined in Sec. 60.771, in such
cases the provisions of 40 CFR 264.1081 shall apply.
(iii) When the term ``hazardous waste'' is used in 40 CFR 264.1084
through 264.1086, the term ``wastewater or residual'' shall apply for
purposes of this subpart.
(iv) When the term ``tank'' is used in 40 CFR 264.1084 through
264.1086, the term ``wastewater tank'' shall apply for purposes of this
subpart.
(v) When the terms ``air pollutant emissions'' or ``organic
emissions'' are used in 40 CFR 264.1084 through 264.1086, the term
``VOC emissions'' shall apply for purposes of this subpart.
(vi) When the term ``maximum organic vapor pressure'' is used in 40
CFR 264.1084, the term ``maximum true vapor pressure'' shall apply for
purposes of this subpart, and the maximum true vapor pressure shall be
determined as specified in Sec. 60.771 for purposes of this subpart.
(vii) When the closed-vent systems and control devices provisions
in 40 CFR 264.1087 are referred to in 40 CFR 264.1084 through 264.1086,
the provisions in Secs. 60.780 and 60.786 shall apply for purposes of
this subpart.
(viii) For purposes of this subpart, the delay of repair provisions
in 40 CFR 264.1084(k), 264.1085(f), and 264.1086(c)(4)(iii) and
(d)(4)(iii) shall not apply, and the provisions in Sec. 60.777 shall
apply.
(ix) When the inspection and monitoring requirements are referred
to in 40 CFR 264.1088, the provisions in Sec. 60.781 shall apply for
purposes of this subpart.
(x) When the recordkeeping provisions in 40 CFR 264.1089 are
referred in 40 CFR 264.1084 through 264.1086, the provisions in
Sec. 60.785 shall apply for purposes of this subpart.
(xi) When the leak inspection provisions of 40 CFR 264.1083(d) are
referred to in 40 CFR 264.1084(h)(2), 264.1085(d)(1)(ii), and
264.1086(g), the provisions in Sec. 60.786 shall apply for purposes of
this subpart.
(g) Requirements for RCRA 40 CFR part 265, subpart CC compliance
option. Owners or operators selecting the RCRA 40 CFR part 265, subpart
CC compliance option shall comply with paragraph (g)(1) of this section
and with paragraph (g)(2) or (g)(3) of this section.
(1) The owner or operator of a wastewater tank, surface
impoundment, or container that is subject to both 40 CFR part 265,
subpart CC and this subpart shall comply with either paragraph (g)(2)
or (g)(3) of this section. The owner or operator of a wastewater tank,
surface impoundment, or container that is subject to this subpart but
not subject to 40 CFR part 265, subpart CC shall comply with paragraph
(g)(3) of this section.
(2) Comply with the applicable requirements specified in 40 CFR
265.1085 through 265.1087, except as specified in paragraph (g)(2)(i)
of this section. Comply with the closed-vent system and control device
provisions in 40 CFR 265.1088, with the delay of repair provisions in
40 CFR 265.1085(k), 265.1086(f), and 265.1087(d)(4)(iii), and with the
inspection and monitoring and recordkeeping provisions specified in 40
CFR 265.1089 and 265.1090, except as specified in paragraphs (g)(2)(ii)
through (g)(2)(iv) of this section. Comply with the reporting
provisions specified in Sec. 60.784 of this subpart.
(i) The following exceptions apply to the provisions of 40 CFR
265.1085 through 265.1087:
(A) For purposes of this subpart, 40 CFR 265.1085(a) and (j),
265.1086(a) and (e), and 265.1087(a) and (d)(2) do not apply.
(B) For purposes of this subpart, when the provisions of 40 CFR
265.1081 are referred to in 40 CFR 265.1085 through 265.1087, the
provisions of Sec. 60.771 shall apply, unless the specified term in 40
CFR 265.1085 through 265.1087 is not defined in Sec. 60.771, in such
cases the provisions of 40 CFR 265.1081 shall apply.
(C) When the term ``hazardous waste'' is used in 40 CFR 265.1085
through 265.1087, the term ``wastewater or residual'' shall apply for
purposes of this subpart.
(D) When the term ``tank'' is used in 40 CFR 265.1085 through
265.1087, the term ``wastewater tank'' shall apply for purposes of this
subpart.
(E) When the terms ``air pollutant emissions'' or ``organic
emissions'' are used in 40 CFR 265.1085 through 265.1087, the term
``VOC emissions'' shall apply for purposes of this subpart.
(F) When the term ``maximum organic vapor pressure'' is used in 40
CFR 265.1085, the term ``maximum true vapor pressure'' shall apply for
purposes of this subpart, and the maximum true vapor pressure shall be
determined as specified in Sec. 60.771 for purposes of this subpart.
(ii) The following exceptions apply to the provisions of 40 CFR
265.1088:
(A) When the provisions of 40 CFR 265.1033(e) are referred to in 40
CFR 265.1088(c)(5)(ii), the provisions of Sec. 60.783(j) shall apply
for purposes of this subpart.
(B) When the provisions of 40 CFR 265.1034(c)(1) through (c)(4) are
referred to in 40 CFR 265.1088(c)(5)(iii), the provisions of
Sec. 60.783 shall apply for purposes of this subpart.
(C) When the terms ``organic'' or ``organics'' are used in 40 CFR
265.1088, the term ``VOC'' shall apply for purposes of this subpart.
(iii) The following exception applies to the provisions of 40 CFR
265.1089: When 40 CFR 265.1089(b) requires that ``the owner or operator
shall incorporate this plan and schedule into the facility inspection
plan required under 40 CFR 265.15,'' the written plan and schedule
required by this paragraph 40 CFR 265.1089(b) shall be submitted as
part of the Notification of Compliance Status required by
Sec. 60.784(c) for purposes of this subpart.
(iv) The following exceptions apply to the provisions of 40 CFR
265.1090:
(A) When complying with the recordkeeping provisions specified in
40 CFR 265.1090, the provisions of paragraphs (a), (e)(1)(iii), (f),
(h), (i), and (j) of 40 CFR 265.1090 shall not apply because the
provisions of these paragraphs are not related to waste management
units or closed vent systems and control devices.
(B) When the term ``hazardous waste'' is used in 40 CFR 265.1090,
the term ``wastewater or residual'' shall apply for purposes of this
subpart.
(C) When the term ``maximum organic vapor pressure'' is used in 40
CFR 265.1090, the term ``maximum true vapor pressure'' shall apply for
purposes of this subpart, and the maximum true vapor pressure shall be
determined as specified in Sec. 60.771 for purposes of this subpart.
(3) Comply with the applicable requirements specified in 40 CFR
265.1085 through 265.1087, except as specified in paragraphs (g)(3)(i)
through (g)(3)(ix) of this section. Comply with the control device,
leak detection, and delay of repair provisions specified in
Secs. 60.780, 60.786, and 60.777 of this subpart and with the
monitoring, reporting, and recordkeeping provisions specified in
Secs. 60.781, 60.784, and 60.785 of this subpart.
(i) For purposes of this subpart, 40 CFR 265.1085(a) and (j),
265.1086(a) and (e), and 265.1087(a) and (d)(2) do not apply.
[[Page 68022]]
(ii) For purposes of this subpart, when the provisions of 40 CFR
265.1081 are referred to in 40 CFR 265.1085 through 265.1087, the
provisions of Sec. 60.771 shall apply, unless the specified term in 40
CFR 265.1085 through 265.1087 is not defined in Sec. 60.771, in such
cases the provisions of 40 CFR 265.1081 shall apply.
(iii) When the term ``hazardous waste'' is used in 40 CFR 265.1085
through 265.1087, the term ``wastewater or residual'' shall apply for
purposes of this subpart.
(iv) When the term ``tank'' is used in 40 CFR 265.1085 through
265.1087, the term ``wastewater tank'' shall apply for purposes of this
subpart.
(v) When the terms ``air pollutant emissions'' or ``organic
emissions'' are used in 40 CFR 265.1085 through 265.1087, the term
``VOC emissions'' shall apply for purposes of this subpart.
(vi) When the term ``maximum organic vapor pressure'' is used in 40
CFR 265.1085, the term ``maximum true vapor pressure'' shall apply for
purposes of this subpart, and the maximum true vapor pressure shall be
determined as specified in Sec. 60.771 for purposes of this subpart.
(vii) When the closed-vent systems and control devices provisions
in 40 CFR 265.1088 are referred to in 40 CFR 265.1085 through 265.1087,
the provisions in Secs. 60.780 and 60.786 shall apply for purposes of
this subpart.
(viii) For purposes of this subpart, the delay of repair provisions
in 40 CFR 265.1085(k), 265.1086(f), and 265.1087 (d)(4)(iii) shall not
apply, and the provisions in Sec. 60.777 shall apply.
(ix) When the inspection and monitoring requirements are referred
to in 40 CFR 265.1089, the provisions in Sec. 60.781 shall apply for
purposes of this subpart.
(x) When the recordkeeping provisions in 40 CFR 265.1090 are
referred to in 40 CFR 265.1085 through 265.1087, the provisions in
Sec. 60.785 shall apply for purposes of this subpart.
(xi) When the leak inspection provisions of 40 CFR 265.1084(d) are
referred to in 40 CFR 265.1085(h)(2), 265.1086(d)(1)(ii), and
265.1087(g), the provisions in Sec. 60.786 shall apply for purposes of
this subpart.
(h) Requirements for benzene waste option. Owners or operators
selecting the Benzene Waste compliance option shall comply with
paragraph (h)(1) of this section and with paragraph (h)(2) or (h)(3) of
this section.
(1) The owner or operator of a waste management unit that is
subject to both 40 CFR part 61, subpart FF and this subpart shall
comply with either paragraph (h)(2) or (h)(3) of this section. The
owner or operator of a waste management unit that is subject to this
subpart but not subject to 40 CFR part 61, subpart FF shall comply with
paragraph (h)(3) of this section.
(2) Comply with the applicable requirements specified in 40 CFR
61.343 through 61.347, except as specified in paragraphs (h)(2)(i) of
this section. Comply with the closed-vent system and control device
provisions, leak inspection provisions, and delay of repair provisions
in 40 CFR 61.349, 61.355(h), and 61.350 and with the monitoring
provisions, recordkeeping, and reporting provisions specified in 40 CFR
61.354, 61.356, and 61.357, except as specified in paragraphs
(h)(2)(ii) through (h)(2)(v) of this section.
(i) The following exceptions apply to the provisions of 40 CFR
61.343 through 61.347:
(A) When the term ``waste stream'' is used in 40 CFR 61.343 through
61.347, the term ``wastewater or residual'' shall apply for purposes of
this subpart.
(B) When the term ``maximum organic vapor pressure'' is used in 40
CFR 61.343, the term ``maximum true vapor pressure'' shall apply for
purposes of this subpart.
(C) The provisions of 40 CFR 61.342(c)(1)(ii), as cited in the
phrase ``in which the waste stream is placed in accordance with 40 CFR
61.342(c)(1)(ii)'' in 40 CFR 61.343 through 61.347, shall not apply for
purposes of this subpart.
(ii) The following exceptions apply to the provisions of 40 CFR
61.349:
(A) When the term ``waste'' is used in 40 CFR 61.349(b), the term
``wastewater or residual'' shall apply for purposes of this subpart.
(B) When the term ``total organic compound concentration'' is used
in 40 CFR 61.349, the term ``total VOC concentration'' shall apply for
purposes of this subpart.
(C) When the term ``organic emissions'' is used in 40 CFR 61.349,
the term ``VOC emissions'' shall apply for purposes of this subpart.
(D) When 40 CFR 61.349(a)(2)(i)(B) cites the use of Method 18, the
test methods specified in Sec. 60.783 shall apply for purposes of this
subpart.
(E) When the provisions of 40 CFR 60.18 are referred to in 40 CFR
61.349(a)(2)(iii), owners or operators shall comply with the provisions
of Sec. 60.783(j) for purposes of this subpart.
(F) When cited in 40 CFR 61.349(a)(iv)(A), the phrase ``or shall
recover or control the benzene emissions vented to it with an
efficiency of 98 weight percent or greater'' shall not apply for
purposes of this subpart.
(G) When cited in 40 CFR 61.349(a)(iv)(B), the phrase ``or 98
percent or greater for benzene'' shall not apply for purposes of this
subpart.
(H) When complying with 40 CFR 61.349(c)(ii), owners or operators
shall use the procedures specified in Sec. 60.783 for purposes of this
subpart.
(I) When the test methods and compliance procedures specified in 40
CFR 61.355 are referred to in 40 CFR 61.349, the provisions of
Sec. 60.783 shall apply for purposes of this subpart.
(iii) The following exceptions apply to the provisions of 40 CFR
61.354:
(A) When complying with the monitoring provisions specified in 40
CFR 61.354, the provisions of paragraphs (a) and (b) of 40 CFR 61.354
shall not apply because the provisions of these paragraphs are related
to the monitoring of treatment processes, and treatment process
monitoring shall be conducted following the procedures specified in
Sec. 60.781.
(B) When the provisions of 40 CFR 60.18 are referred to in 40 CFR
61.354(c)(3), owners or operators shall comply with the provisions of
Sec. 60.783(j) for purposes of this subpart.
(C) When the terms ``organic compounds,'' ``organic'', or
``benzene'' are used in 40 CFR 61.354(c) or (d), the term ``VOC'' shall
apply for purposes of this subpart.
(iv) The following exceptions apply to the provisions of 40 CFR
61.356:
(A) When complying with the recordkeeping provisions specified in
40 CFR 61.356, the provisions of paragraphs (a), (b), (c), (e), (f),
(i), (k), and (l) of 40 CFR 61.356 shall not apply because the
provisions of these paragraphs are not related to waste management
units or closed vent systems and control devices.
(B) When the term ``organics'' or the term ``benzene'' is used in
40 CFR 61.356(j)(8) or (j)(9), the term ``VOC'' shall apply for
purposes of this subpart.
(C) When the term ``benzene emissions'' is used in 40 CFR
61.356(g), the term ``VOC emissions'' shall apply for purposes of this
subpart.
(v) The following exceptions apply to the provisions of
Sec. 61.356:
(A) When complying with the reporting provisions specified in 40
CFR 61.357, the provisions of paragraphs (a), (b), (c), (d)(1) through
(d)(5), (d)(7)(i) through (d)(7)(iii), (e), (f), and (g) of 40 CFR
61.357 shall not apply because the provisions of these paragraphs are
not related to waste management units or closed vent systems and
control devices.
(B) When the term ``organics'' or the term ``benzene'' is used in
Sec. 61.357(d)(7)(iv)(D), the term ``VOC'' shall apply for purposes of
this subpart.
[[Page 68023]]
(C) When the term ``benzene emissions'' is used in
Sec. 61.357(d)(8), the term ``VOC emissions'' shall apply for purposes
of this subpart.
(3) Comply with the applicable requirements specified in 40 CFR
61.343 through 61.347, except as specified in paragraphs (h)(3)(i)
through (h)(3)(viii) of this section. Comply with the control device,
leak detection, and delay of repair provisions specified in
Secs. 60.780, 60.786, and 60.777 of this subpart and with the
monitoring, reporting, and recordkeeping provisions specified in
Secs. 60.781, 60.784, and 60.785 of this subpart.
(i) When the term ``waste stream'' is used in Secs. 61.343 through
61.347, the term ``wastewater or residual'' shall apply for purposes of
this subpart.
(ii) When the term ``maximum organic vapor pressure'' is used in
Sec. 61.343, the term ``maximum true vapor pressure'' shall apply for
purposes of this subpart.
(iii) When the closed-vent systems and control devices provisions
in Sec. 61.349 are referred to in Sec. 61.343 through 61.347, the
provisions in Secs. 60.780 and 60.786 shall apply for purposes of this
subpart.
(iv) When the delay of repair provisions in Sec. 61.350 are
referred to in Secs. 61.343 through 61.347, the provisions in
Sec. 60.777 shall apply for purposes of this subpart.
(v) When the leak inspection provisions specified in Sec. 61.355(h)
are referred to in Secs. 61.343 through 61.347, the provisions of
Sec. 60.786 shall apply for purposes of this subpart.
(vi) The provisions of Sec. 61.342(c)(1)(ii), as cited in the
phrase ``in which the waste stream is placed in accordance with
Sec. 61.342(c)(1)(ii)'' in Secs. 61.343 through 61.347, shall not apply
for purposes of this subpart.
Sec. 60.775 Control requirements for aqueous in-process streams.
(a) The owner or operator shall comply with the provisions of Table
6 of this subpart, for each item of equipment meeting all the criteria
specified in paragraphs (b) through (d) of this section and either
paragraphs (e)(1) or (e)(2) of this section.
(b) The item of equipment is of a type identified in Table 6 of
this subpart;
(c) The item of equipment is part of an affected facility subject
to this subpart;
(d) The item of equipment is controlled less stringently than in
Table 6 and is not listed in Sec. 60.770(h) of this subpart, and the
item of equipment is not otherwise exempt from controls by the
provisions of this subpart or subpart A of this part; and
(e) The item of equipment:
(1) Is a drain, drain hub, manhole, lift station, trench, pipe, or
oil/water separator that conveys water with an annual average
concentration greater than or equal to 10,000 parts per million by
weight of VOC at any flowrate; or an annual average concentration
greater than or equal to 500 parts per million by weight of VOC at an
annual average flow rate greater than or equal to 1 liter per minute;
or
(2) Is a tank that receives one or more streams that contain water
with an annual average concentration greater than or equal to 500 parts
per million by weight of VOC at an annual average flowrate greater than
or equal to 1 liter per minute. The owner or operator of the affected
facility shall determine the characteristics of the stream as specified
in paragraphs (e)(2)(i) and (ii) of this section.
(i) The characteristics of the stream being received shall be
determined at the inlet to the tank.
(ii) The characteristics shall be determined according to the
procedures in Sec. 60.782(b) and (c) of this subpart.
Sec. 60.776 Maintenance wastewater requirements.
(a) Each owner or operator of an affected facility subject to this
subpart shall comply with the requirements of paragraphs (b) through
(e) of this section for maintenance wastewaters containing VOC.
(b) The owner or operator shall prepare a description of
maintenance procedures for management of maintenance wastewaters
generated from the emptying and purging of equipment in the process
during temporary shutdowns for inspections, maintenance, and repair
(i.e., a maintenance-turnaround) and during periods which are not
shutdowns (i.e., routine maintenance). The descriptions shall be as
follows:
(1) Specify the process equipment or maintenance tasks that are
anticipated to create wastewater during maintenance activities.
(2) Specify the procedures that will be followed to properly manage
the wastewater and control VOC emissions to the atmosphere; and
(3) Specify the procedures to be followed when clearing materials
from process equipment.
(c) The owner or operator shall modify and update the information
required by paragraph (b) of this section as needed to reflect new or
revised equipment or procedures.
(d) The owner or operator shall implement the procedures described
in paragraphs (b) and (c) of this section as part of the start-up,
shutdown, and malfunction plan required in Sec. 60.787 of this subpart.
(e) The owner or operator shall maintain a record of the
information required by paragraphs (b) and (c) of this section as part
of the start-up, shutdown, and malfunction plan required in Sec. 60.787
of this subpart.
Sec. 60.777 Delay of repair.
(a) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified, is allowed
if the repair is technically infeasible without a shutdown, as defined
in Sec. 60.771 of this subpart, or if the owner or operator determines
that VOC emissions of purged material from immediate repair would be
greater than the VOC emissions likely to result from delay of repair.
Repair of this equipment shall occur by the end of the next shutdown.
(b) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified, is allowed
if the equipment is emptied or is no longer used to treat or manage
Group 1 wastewater streams or residuals removed from Group 1 wastewater
streams.
(c) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified is also
allowed if additional time is necessary due to the unavailability of
parts beyond the control of the owner or operator. Repair shall be
completed as soon as practical. The owner or operator who uses this
provision shall comply with the requirements of Sec. 60.785(b)(7) of
this subpart to document the reasons that the delay of repair was
necessary.
Sec. 60.778 Stream-specific list of VOC determination.
(a) General. This section specifies how to determine a stream-
specific list of VOC for a process wastewater stream or in-process
aqueous stream. A stream-specific list of VOC is required when
speciation is used for compliance demonstration (i.e., performance
tests, design evaluations, and ranges of parameters set for monitoring
and for determining if VOC emissions increase has occurred for
modification determinations. A stream-specific list may also be used
for Group 1 and Group 2 determinations.
(b) Test methods for determining VOC concentration. The owner or
operator shall use one of the test methods that speciates compounds and
is specified in Sec. 60.782(b)(5) of this subpart to determine
concentration. For process wastewater streams, the annual average
concentration shall be determined either
[[Page 68024]]
at the point of determination or downstream of the point of
determination, with adjustment for concentration changes made according
to Sec. 60.782(b)(6) of this subpart if a point downstream of the point
of determination is used. For aqueous in-process streams, the annual
average concentration shall be determined before the point of
determination and shall be adjusted for any losses of VOC to the
atmosphere and for dilution.
(c) Compounds that may be excluded from the site-specific list of
VOC. Compounds that meet the requirements specified in paragraphs
(b)(1), (b)(2), or (b)(3) of this section are not required to be
included in the stream-specific list of VOC. The owner or operator
shall use one of the methods specified in Sec. 60.782(b)(5) of this
subpart to determine concentration.
(1) Compounds not used or produced by the chemical process unit.
(2) Compounds with concentrations at the point of determination
that are below 1 part per million by weight.
(3) Compounds with concentrations at the point of determination
that are below the lower detection limit where the lower detection
limit is greater than 1 part per million by weight. The method used for
determining concentration shall be an analytical method for wastewater
which has the compound of interest as a target analyte.
(d) Create stream-specific list of VOC for Group 1 and Group 2
determination. The owner or operator shall include those individual VOC
with the greatest mass on the stream-specific list of VOC until 75
compounds or every compound, whichever is fewer, is included on the
list, except as provided by paragraph (c) of this section. The stream-
specific list of VOC must represent at least 90 percent of the total
VOC in the process wastewater stream. If the compounds on the stream-
specific list of VOC do not represent at least 90 percent of total VOC,
Method 25D to appendix A of this part shall be used to make the Group 1
determination for that process wastewater stream. The owner or operator
shall document how the percent of VOC in the process wastewater stream
was determined.
(e) Create stream-specific list of VOC for estimating VOC emission
changes for modification determinations. The owner or operator shall
include those individual VOC with the greatest mass on the stream-
specific list of VOC until 75 compounds or every compound, whichever is
fewer, is included on the list, except as provided by paragraph (c) of
this section. The stream-specific list of VOC must represent at least
90 percent of the total VOC in the process wastewater stream or aqueous
in-process stream. If the compounds on the stream-specific list of VOC
do not represent at least 90 percent of total VOC, the owner or
operator shall use the mass flow rate procedure specified in
Sec. 60.772 of this subpart to estimate VOC emissions for modification
determinations. The owner or operator shall document how the percent of
VOC in the process wastewater stream or aqueous in-process stream was
determined.
(f) Create stream-specific list of VOC for compliance
demonstrations. The owner or operator shall determine the percent of
total VOC in the process wastewater stream. The owner or operator shall
document how the percent of VOC in the process wastewater stream was
determined.
(i) For the owner or operator that can identify at least 90
percent, by mass, of the VOC in the wastewater stream or aqueous in-
process stream, the individual VOC that are 5 percent, by mass, or
greater, are required to be included on the list. If less than half of
the total VOC in the wastewater are represented by the compounds with a
mass of 5 percent or greater, the owner or operator shall include those
individual VOC with the greatest mass on the stream-specific list of
VOC until 75 compounds or every compound, whichever is fewer, is
included on the list, except as provided by paragraph (c) of this
section. The owner or operator shall document that the site-specific
list of VOC is representative of the process wastewater stream and
forms the basis of a good compliance demonstration.
(ii) For the owner or operator that can identify at least 50
percent, by mass, of the VOC in the wastewater stream, the individual
VOC with the greatest mass on the stream-specific list of VOC up to 75
compounds or every compound, whichever is fewer, are to be included on
the list, except as provided by paragraph (c) of this section. The
owner or operator shall document that the site-specific list of VOC is
representative of the process wastewater stream and forms the basis of
a good compliance demonstration.
(iii) For the owner or operator that cannot identify at least 50
percent, by mass, of the VOC in the process wastewater stream, one of
the following compliance options shall be used to treat the process
wastewater stream:
(A) The design steam stripper option in Sec. 60.779(d) of this
subpart; or
(B) The 95 percent mass removal with outlet concentration of 50
ppmw option in Sec. 60.779(e)(2) of this subpart; or
(C) The steam stripper option in Sec. 60.779(e)(3) of this subpart.
Sec. 60.779 Process wastewater provisions--Performance standards for
treatment processes managing Group 1 wastewater streams and/or
residuals removed from Group 1 wastewater streams.
(a) This section specifies the performance standards for treating
process wastewater streams that are Group 1 wastewater streams. The
owner or operator shall comply with the requirements as specified in
paragraphs (a)(1) through (a)(8) of this section. Where multiple
compliance options are provided, the options may be used in combination
for different wastewater streams and/or for different compounds in the
same wastewater streams, except where otherwise provided in this
section. Once a Group 1 wastewater stream or residual removed from a
Group 1 wastewater stream has been treated in accordance with this
subpart, it is no longer subject to the requirements of this subpart.
(1) Control options: Group 1 wastewater streams. The owner or
operator shall comply with the requirements specified in any one of
paragraphs (d), (e), (f), (g), (h), or (m) of this section, except as
provided in Sec. 60.789 of this subpart for relationship with other
rules.
(2) [Reserved]
(3) Biological treatment processes. Biological treatment processes
in compliance with this section may be either open or closed biological
treatment processes as defined in Sec. 60.771 of this subpart. An open
biological treatment process in compliance with this section need not
be covered and vented to a control device as required in Sec. 60.774 of
this subpart. An open or a closed biological treatment process in
compliance with this section and using Secs. 60.783(f) or 60.783(g) of
this subpart to demonstrate compliance is not subject to the
requirements of Sec. 60.774 of this subpart. A closed biological
treatment process in compliance with this section and using
Sec. 60.783(e) of this subpart to demonstrate compliance shall comply
with the requirements of Sec. 60.774 of this subpart. Waste management
units upstream of an open or closed biological treatment process shall
meet the requirements of Sec. 60.774 of this subpart, as applicable.
(4) Performance tests and design evaluations. If the design steam
stripper option (paragraph (d) of this section) or the Resource
Conservation and Recovery Act (RCRA) option (paragraph (h) of this
section) is selected to comply with this section, neither a design
evaluation nor a performance test is required. If Sec. 60.789(d) of
this subpart (Relationship to the HON) is selected to
[[Page 68025]]
comply with this section, the performance test or design evaluation
used to demonstrate compliance for the HON also demonstrates compliance
with this section. For any other non-biological treatment process, and
for closed biological treatment processes as defined in Sec. 60.771 of
this subpart, the owner or operator shall conduct either a design
evaluation as specified in paragraph (j) of this section, or a
performance test as specified in Sec. 60.783 of this subpart. For each
open biological treatment process as defined in Sec. 60.771 of this
subpart, the owner or operator shall conduct a performance test as
specified in Sec. 60.783 of this subpart.
Note to paragraph (a)(4) of this section: Some open biological
treatment processes may not require a performance test. Refer to
Sec. 60.783(h) of this subpart and table 36 of the appendix to
subpart G of 40 CFR part 63 to determine whether the biological
treatment process meets the criteria that exempt the owner or
operator from conducting a performance test.)
(5) Control device requirements. When gases are vented from the
treatment process, the owner or operator shall comply with the
applicable control device requirements specified in Secs. 60.780 and
60.783(i) and (j) of this subpart, and the applicable leak inspection
provisions specified in Sec. 60.786 of this subpart. This requirement
does not apply to any open biological treatment process that meets the
mass removal requirements. Vents from anaerobic biological treatment
processes may be routed through hard-piping to a fuel gas system.
(6) Residuals: general. When residuals result from treating Group 1
wastewater streams, the owner or operator shall comply with the
requirements for residuals specified in paragraph (k) of this section.
(7) Treatment using a series of treatment processes. In all cases
where the wastewater provisions in this subpart allow or require the
use of a treatment process or control device to comply with emissions
limitations, the owner or operator may use multiple treatment processes
or control devices, respectively. For combinations of treatment
processes where the wastewater stream is conveyed by hard-piping, the
owner or operator shall comply with either the requirements of
paragraph (a)(7)(i) or (a)(7)(ii) of this section. For combinations of
treatment processes where the wastewater stream is not conveyed by
hard-piping, the owner or operator shall comply with the requirements
of paragraph (a)(7)(ii) of this section. For combinations of control
devices, the owner or operator shall comply with the requirements of
paragraph (a)(7)(i) of this section.
(i)(A) For combinations of treatment processes, the wastewater
stream shall be conveyed by hard-piping between the treatment
processes. For combinations of control devices, the vented gas stream
shall be conveyed by hard-piping between the control devices.
(B) For combinations of treatment processes, each treatment process
shall meet the applicable requirements of Sec. 60.774 of this subpart
except as provided in paragraph (a)(3) of this section.
(C) The owner or operator shall identify, and keep a record of, the
combination of treatment processes or of control devices, including
identification of the first and last treatment process or control
device.
(D) The performance test or design evaluation shall determine
compliance across the combination of treatment processes or control
devices. If a performance test is conducted, the ``inlet'' shall be the
point at which the wastewater stream or residual enters the first
treatment process, or the vented gas stream enters the first control
device. The ``outlet'' shall be the point at which the treated
wastewater stream exits the last treatment process, or the vented gas
stream exits the last control device.
(ii)(A) For combinations of treatment processes, each treatment
process shall meet the applicable requirements of Sec. 60.774 of this
subpart except as provided in paragraph (a)(3) of this section.
(B) The owner or operator shall identify, and keep a record of, the
combination of treatment processes, including identification of the
first and last treatment process.
(C) The owner or operator shall determine the mass removed or
destroyed by each treatment process. The performance test or design
evaluation shall determine compliance for the combination of treatment
processes by adding together the mass removed or destroyed by each
treatment process.
(8) Prohibition against double counting. The removal of VOC must be
in addition to the reduction and destruction required by other rules,
unless the removal of VOC is from the same stream.
(b) [Reserved]
(c) [Reserved]
(d) Design steam stripper option. The owner or operator shall
operate and maintain a steam stripper that meets the requirements of
paragraphs (d)(1) through (d)(6) of this section.
(1) Minimum active column height of 5 meters;
(2) Countercurrent flow configuration with a minimum of 10 actual
trays;
(3) Minimum steam flow rate of 0.04 kilograms of steam per liter of
wastewater feed within the column;
(4) Minimum wastewater feed temperature to the steam stripper of
95 deg. C, or minimum column operating temperature of 95 deg. C;
(5) Maximum liquid loading of 67,100 liters per hour per square
meter; and
(6) Operate at nominal atmospheric pressure.
(e) Percent mass removal/destruction option, for nonbiological
treatment process. For wastewater streams that are Group 1 and treated
in a nonbiological treatment process, the owner or operator shall
comply with either paragraph (e)(1) or (e)(2) of this section for a
noncombustion treatment process and paragraph (e)(1) of this section
for a combustion treatment process. For wastewater streams that are
Group 1 and treated in a steam stripper, the owner or operator shall
comply with either paragraph (e)(1), (e)(2), or (e)(3) of this section.
This paragraph (e) shall not be used for biological treatment
processes.
(1) Reduce mass flow rate of VOC by the appropriate Fr values. For
wastewater streams that are Group 1, the owner or operator shall
reduce, by removal or destruction, the mass flow rate of VOC by the
required removal or destruction efficiency, i.e., the flow-weighted
average Fr value. To use this compliance option, the owner or operator
shall develop a stream-specific list of VOC upon which to base the
compliance demonstration and shall calculate a flow-weighted average
Fr. Follow the procedures in Sec. 60.778 of this subpart to develop a
stream-specific list of VOC. Follow the procedures in appendix J of
this part to determine Fr values for individual compounds. The owner or
operator shall conduct either a design evaluation or a performance
test. Design evaluation requirements are specified in paragraph (j) of
this section. Performance test requirements are specified in
Sec. 60.783(c) of this subpart, for noncombustion treatment processes,
and in Sec. 60.783(d) of this subpart, for combustion treatment
processes.
(2) Reduce mass flow rate of VOC by 95 percent and reduce outlet
concentration of VOC to less than 50 ppmw, for noncombustion treatment
process. For wastewater streams that are Group 1, the owner or operator
shall reduce, by removal or destruction, the mass flow rate of VOC by
95 percent and reduce the outlet concentration of VOC to less than 50
ppmw. The owner or operator shall conduct either a design evaluation or
a performance test. Design evaluation requirements are specified in
[[Page 68026]]
paragraph (j) of this section. Performance test requirements are
specified in Sec. 60.783(c) of this subpart.
(3) Demonstrate a steam stripper reduces mass flow rate of
methanol, ethylene glycol monobutyl ether acetate, and methyl ethyl
ketone by the appropriate Fr value. For wastewater steams that are
Group 1 and treated in a steam stripper, the owner or operator shall
demonstrate that the mass flow rate of methanol is reduced by 31
percent; that the mass flow rate of ethylene glycol monobutyl ether
acetate is reduced by 76 percent; and that the mass flow rate of methyl
ethyl ketone is reduced by 95 percent. The owner or operator shall
conduct either a design evaluation or a performance test. Design
evaluation requirements are specified in paragraph (j) of this section.
Performance test requirements are specified in Sec. 60.783(c) of this
subpart. When design evaluations are used to demonstrate compliance,
the Henry's law constant at 25 deg. C (expressed as y/x atmosphere per
mole fraction) used in the evaluation shall be: 7.73 for methanol;
24.96 for ethylene glycol monobutyl ether acetate; and 59.2 for methyl
ethyl ketone.
(f) Required mass removal (RMR) option, for noncombustion treatment
process. For wastewater streams that are Group 1, the owner or operator
shall reduce, by removal or destruction, the mass flow rate of VOC by
the required mass removal, i.e, the flow-weighted average Fr. To use
this compliance option, the owner or operator shall develop a list of
VOC upon which to base the compliance demonstration and shall calculate
a flow-weighted average Fr. Follow the procedures in Sec. 60.778 of
this subpart to develop a stream-specific list of VOC. Follow the
procedures in appendix J of this part to determine Fr values. The owner
or operator shall conduct a compliance demonstration as specified in
paragraphs (f)(1), (f)(2), and (f)(3) of this section.
(1) Nonbiological, noncombustion treatment process. The owner or
operator shall conduct either a design evaluation or a performance
test. Design evaluation requirements are specified in paragraph (j) of
this section. Performance test requirements are specified in
Sec. 60.783(e) of this subpart.
(2) Aerobic biological treatment process--open and closed
biological treatment processes. Closed biological treatment process
means a tank or surface impoundment where biological treatment occurs
and air VOC emissions from the treatment process are routed to either a
control device by means of a closed vent system or to a fuel gas system
by means of hard-piping. The tank or surface impoundment has a fixed
roof, as defined in Sec. 60.771 of this subpart, or a floating flexible
membrane cover that meets the requirements specified in 40 CFR
Sec. 63.134. Open biological treatment process is not a closed
biological treatment process. Open biological treatment processes have
additional requirements for compliance demonstration because they have
more potential for VOC emissions.
(i) Closed biological treatment process. The owner or operator
shall conduct either a design evaluation or a performance test. Design
evaluation requirements are specified in paragraph (j) of this section.
Performance test requirements are specified in both Sec. 60.783(e) or
(f) of this subpart.
(ii) Open biological treatment process. The owner or operator shall
conduct a performance test as specified in Sec. 60.783(f) of this
subpart, except as provided in Sec. 60.783(h) of this subpart.
(3) Anaerobic biological treatment process. An anaerobic biological
treatment process shall also be a closed biological treatment process.
The owner or operator shall conduct either a design evaluation or a
performance test. Design evaluation requirements are specified in
paragraph (j) of this section. Performance test requirements are
specified in Sec. 60.783(e) of this subpart.
(g) 95-percent RMR option, for biological treatment processes. The
owner or operator shall reduce, by removal or destruction, the mass
flow rate of VOC by 95 percent for all wastewater entering the
biological treatment process. To use this compliance option, the owner
or operator shall develop a stream-specific list of VOC as specified in
Sec. 60.778 of this subpart upon which to base the compliance
demonstration. The owner or operator shall conduct a compliance
demonstration as specified in paragraphs (g)(1) and (g)(2) of this
section. The owner or operator shall also comply with paragraphs (g)(3)
and (g)(4) of this section.
(1) Aerobic biological treatment process--open and closed
biological treatment processes.
(i) Closed biological treatment process. The owner or operator
shall conduct either a design evaluation or a performance test. Design
evaluation requirements are specified in paragraph (j) of this section.
Performance test requirements are specified in both Sec. 60.783(e) and
(g) of this subpart.
(ii) Open biological treatment process. The owner or operator shall
conduct a performance test as specified in Sec. 60.783(g) of this
subpart, except as provided in Sec. 60.783(h) of this subpart.
(2) Anaerobic biological treatment process. An anaerobic biological
treatment process shall also be a closed biological treatment process.
The owner or operator shall conduct either a design evaluation or a
performance test. Design evaluation requirements are specified in
paragraph (j) of this section. Performance test requirements are
specified in Sec. 60.783(e) of this subpart.
(3) For each treatment process or waste management unit that
receives, manages, or treats wastewater streams subject to this
paragraph (g)(3), from the point of determination of each Group 1 or
Group 2 wastewater stream to the biological treatment unit, the owner
or operator shall comply with Sec. 60.774 of this subpart for control
of air VOC emissions.
(4) If a wastewater stream is in compliance with the requirements
in paragraph (d), (e), (f), (h), or (m) of this section before entering
the biological treatment unit, the VOC mass of that wastewater is not
required to be included in the total mass flow rate entering the
biological treatment unit for the purpose of demonstrating compliance.
(h) Treatment in a RCRA unit option. The owner or operator shall
treat the wastewater stream or residual in a unit identified in, and
complying with, paragraphs (h)(1), (h)(2), or (h)(3) of this section.
These units are exempt from the design evaluation or performance tests
requirements specified in paragraphs (a)(4) and (j) of this section,
and from the monitoring requirements specified in Sec. 60.781 of this
subpart, as well as recordkeeping and reporting requirements associated
with monitoring and performance tests.
(1) The wastewater stream or residual is discharged to a hazardous
waste incinerator for which the owner or operator has been issued a
final permit under 40 CFR part 270 and complies with the requirements
of 40 CFR part 264, subpart O, or has certified compliance with the
interim status requirements of 40 CFR part 265, subpart O;
(2) The wastewater stream or residual is discharged to a process
heater or boiler burning hazardous waste for which the owner or
operator:
(i) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266, subpart H; or
(ii) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
(3) The wastewater stream or residual is discharged to an
underground injection well for which the owner or operator has been
issued a final permit
[[Page 68027]]
under 40 CFR part 270 or 40 CFR part 144 and complies with the
requirements of 40 CFR part 122. The owner or operator shall comply
with all applicable requirements of this subpart prior to the point
where the wastewater enters the underground portion of the injection
well.
(i) [Reserved]
(j) Design evaluations or performance tests for treatment
processes. Except as provided in paragraph (j)(3), (h), or (m) of this
section, the owner or operator shall demonstrate by the procedures in
either paragraph (j)(1) or (j)(2) of this section that each
nonbiological treatment process used to comply with paragraphs (e),
and/or (f) of this section achieves the conditions specified for
compliance. The owner or operator shall demonstrate by the procedures
in either paragraph (j)(1) or (j)(2) of this section that each closed
biological treatment process used to comply with paragraphs (f) or (g)
of this section achieves the conditions specified for compliance. If an
open biological treatment unit is used to comply with paragraph (f) or
(g) of this section, the owner or operator shall comply with
Sec. 60.783(f) or Sec. 60.783(g), respectively, of this subpart. Some
open biological treatment processes may not require a performance test.
Refer to Sec. 60.783(h) of this subpart to determine whether the open
biological treatment process meets the criteria that exempt the owner
or operator from conducting a performance test.
(1) This paragraph (j)(1) may be used to demonstrate compliance
with paragraphs (e), (f), or (g) of this section, except when the
treatment process is an open biological treatment process. A design
evaluation and supporting documentation that addresses the operating
characteristics of the treatment process and that is based on operation
at a representative wastewater stream flow rate and a representative
concentration under which it would be most difficult to demonstrate
compliance. For closed biological treatment processes, the actual mass
removal shall be determined by a mass balance over the unit. The mass
flow rate of VOC exiting the treatment process shall be the sum of the
mass flow rate of VOC in the wastewater stream exiting the biological
treatment process and the mass flow rate of the vented gas stream
exiting the control device. The mass flow rate entering the treatment
process minus the mass flow rate exiting the process determines the
actual mass removal.
(2) This paragraph (j)(2) may be used to demonstrate compliance
with paragraphs (e), (f), or (g) of this section. Performance tests
conducted using test methods and procedures that meet the applicable
requirements specified in Sec. 60.783 of this subpart.
(3) The provisions of paragraphs (j)(1) and (j)(2) of this section
do not apply to design stream strippers which meet the requirements of
paragraph (d) of this section.
(k) Residuals. For each residual removed from a Group 1 wastewater
stream, the owner or operator shall control for air VOC emissions by
complying with Sec. 60.774 of this subpart and by complying with one of
the provisions in paragraphs (k)(1) through (k)(4) of this section.
(1) Recycle the residual to a production process or sell the
residual for the purpose of recycling. Once a residual is returned to a
production process, the residual is no longer subject to this section.
(2) Return the residual to the treatment process.
(3) Treat the residual to destroy the total combined mass flow rate
of VOC by 99 percent or more, as determined by the procedures specified
in Sec. 60.783(c) or (d) of this subpart.
(4) Comply with the requirements for RCRA treatment options
specified in paragraph (h) of this section.
(l) [Reserved]
(m) 1 Mg exemption. For each plant site, up to 1 Mg of VOC per year
may be excluded from control. The 1 Mg shall be based on an annual
average and calculated according to procedures in paragraphs (m)(1) and
(m)(2) of this section.
(1) Annual average concentration. The annual average concentration
shall be a flow-weighted average representative of actual or
anticipated operation of the CPU generating the process wastewater over
a designated 12-month period. For flexible operation units, the owner
or operator shall consider the anticipated production over the
designated 12-month period and include all process wastewater streams
generated by the process equipment during this period. The owner or
operator is not required to determine the concentration of VOC that are
not reasonably expected to be in the process. Concentration values that
are not determined using Method 25D may be adjusted with the chemical's
Fm value. Compound-specific Fm factors shall be determined as specified
in appendix J of this part. Flow-weighted annual average concentrations
for VOC means the total mass of VOC occurring in the wastewater stream
during the designated 12-month period divided by the total mass of the
wastewater stream during the same designated 12-month period. The
annual average concentration shall be determined for each process
wastewater stream either at the point of determination, or downstream
of the point of determination with adjustment for concentration changes
made according to Sec. 60.782 of this subpart. The procedures specified
in Sec. 60.782(b)(5)(i) through (b)(5)(iv) and (b)(6) of this subpart
are considered acceptable for determining the annual average
concentration. They may be used in combination, and no one procedure
shall take precedence over another. A minimum of three wastewater
samples from each process wastewater stream shall be taken. Samples may
be grab samples or composite samples.
(2) Annual average flow rate. The owner or operator shall determine
the annual average flow rate by measuring flow rate either at the point
of determination for each process wastewater stream, or downstream of
the point of determination with adjustment for flow rate changes made
according to Sec. 60.782(c)(4) of this subpart. The annual average flow
rate for the process wastewater stream shall be representative of the
actual or anticipated operation of the CPU generating the wastewater
over the designated 12-month period.
Sec. 60.780 Standards--Control devices.
(a) For each control device used to comply with the provisions in
Secs. 60.774, 60.775, and 60.779 of this subpart, the owner or operator
shall operate and maintain the control device or combination of control
devices in accordance with the requirements of paragraphs (b) through
(g) of this section, unless otherwise specified in this subpart.
(b) Whenever organic VOC emissions are vented to a control device
used to comply with the provisions of this subpart, such control device
shall be operating.
(c) The control device shall be designed and operated in accordance
with paragraph (c)(1), (c)(2), (c)(3), (c)(4), or (c)(5) of this
section.
(1) An enclosed combustion device (including but not limited to a
vapor incinerator, boiler, or process heater) shall meet the conditions
in paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section,
alone or in combination with other control devices. If a boiler or
process heater is used as the control device, then the vent stream
shall be introduced into the flame zone of the boiler or process
heater.
(i) Reduce the total organic compound emissions, less methane and
ethane, or total VOC emissions vented to the
[[Page 68028]]
control device by 95 percent by weight or greater;
(ii) Achieve an outlet total organic compound concentration, less
methane and ethane, or total VOC concentration of 20 parts per million
by volume on a dry basis corrected to 3 percent oxygen. The owner or
operator shall use either Method 18, 40 CFR part 60, appendix A, or any
other method or data that has been validated according to the
applicable procedures in Method 301, 40 CFR part 63, appendix A; or
(iii) Provide a minimum residence time of 0.5 seconds at a minimum
temperature of 760 deg. C.
(2) A vapor recovery system (including but not limited to a carbon
adsorption system or condenser), alone or in combination with other
control devices, shall reduce the total organic compound emissions,
less methane and ethane, or total VOC emissions vented to the control
device by 95 percent by weight, or greater, or achieve an outlet total
organic compound concentration, less methane and ethane, or total VOC
concentration of 20 parts per million by volume, whichever is less
stringent. The 20 parts per million by volume performance standard is
not applicable to compliance with the provisions of Sec. 60.774 of this
subpart for surface impoundments or containers.
(3) A flare shall comply with the requirements of 40 CFR 63.11, as
specified in table 2A of this subpart, and Sec. 60.783(j) of this
subpart.
(4) A scrubber, alone or in combination with other control devices,
shall reduce the total organic compound emissions, less methane and
ethane, or total VOC emissions in such a manner that 95 weight percent
is either removed, or destroyed by chemical reaction with the scrubbing
liquid or achieve an outlet total organic compound concentration, less
methane and ethane, or total VOC concentration of 20 parts per million
by volume, whichever is less stringent. The 20 parts per million by
volume performance standard is not applicable to compliance with the
provisions of Sec. 60.774 of this subpart for surface impoundments or
containers.
(5) Any other control device used shall reduce the total organic
compound emissions, less methane and ethane, or total VOC emissions
vented to the control device by 95 percent by weight or greater.
(d) Except as provided in paragraph (d)(4) of this section, an
owner or operator shall demonstrate that each control device or
combination of control devices achieves the appropriate conditions
specified in paragraph (c) of this section by using one or more of the
methods specified in paragraphs (d)(1), (d)(2), or (d)(3) of this
section.
(1) Performance tests conducted using the test methods and
procedures specified in Sec. 60.783(i) of this subpart for control
devices other than flares; or
(2) A design analysis that addresses the vent stream
characteristics and control device operating parameters specified in
paragraphs (d)(2)(i) through (d)(2)(vii) of this section.
(i) For a thermal vapor incinerator, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average
temperature in the combustion zone and the combustion zone residence
time.
(ii) For a catalytic vapor incinerator, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average
temperatures across the catalyst bed inlet and outlet.
(iii) For a boiler or process heater, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate; shall establish the design minimum and average flame zone
temperatures and combustion zone residence time; and shall describe the
method and location where the vent stream is introduced into the flame
zone.
(iv) For a condenser, the design analysis shall consider the vent
stream composition, constituent concentrations, flow rate, relative
humidity, and temperature and shall establish the design outlet organic
compound concentration level, design average temperature of the
condenser exhaust vent stream, and the design average temperatures of
the coolant fluid at the condenser inlet and outlet.
(v) For a carbon adsorption system that regenerates the carbon bed
directly on-site in the control device such as a fixed-bed absorber,
the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and
temperature and shall establish the design exhaust vent stream organic
compound concentration level, adsorption cycle time, number and
capacity of carbon beds, type and working capacity of activated carbon
used for carbon beds, design total regeneration stream mass or
volumetric flow over the period of each complete carbon bed
regeneration cycle, design carbon bed temperature after regeneration,
design carbon bed regeneration time, and design service life of carbon.
(vi) For a carbon adsorption system that does not regenerate the
carbon bed directly on-site in the control device such as a carbon
canister, the design analysis shall consider the vent stream
composition, constituent concentrations, mass or volumetric flow rate,
relative humidity, and temperature and shall establish the design
exhaust vent stream organic compound concentration level, capacity of
carbon bed, type and working capacity of activated carbon used for
carbon bed, and design carbon replacement interval based on the total
carbon working capacity of the control device and affected facility
operating schedule.
(vii) For a scrubber, the design analysis shall consider the vent
stream composition; constituent concentrations; liquid-to-vapor ratio;
scrubbing liquid flow rate and concentrations; temperature; and the
reaction kinetics of the constituents with the scrubbing liquid. The
design analysis shall establish the design exhaust vent stream organic
compound concentration level and will include the additional
information in paragraphs (d)(2)(vii)(A) and (d)(2)(vii)(B) of this
section for trays and a packed column scrubber.
(A) Type and total number of theoretical and actual trays;
(B) Type and total surface area of packing for entire column, and
for individual packed sections if column contains more than one packed
section.
(3) For flares, the compliance determination is specified in
Sec. 60.783(j) of this subpart.
(4) An owner or operator using any control device specified in
paragraphs (d)(4)(i) through (d)(4)(iv) of this section is exempt from
the requirements in paragraphs (d)(1) through (d)(3) of this section.
(i) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
(ii) A boiler or process heater into which the emission stream is
introduced with the primary fuel.
(iii) A boiler or process heater burning hazardous waste for which
the owner or operator:
(A) Has been issued a final permit under 40 CFR part 270 and
complies with the requirements of 40 CFR part 266 subpart H, or
(B) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
(iv) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim
[[Page 68029]]
status requirements of 40 CFR part 265, subpart O.
(e) The owner or operator of a control device that is used to
comply with the provisions of this section shall monitor the control
device in accordance with Sec. 60.781 of this subpart.
(f) Each control device shall be visually inspected initially and
annually thereafter, and at other times as requested by the
Administrator. Except as provided in Sec. 60.777 of this subpart, if
gaps, cracks, tears, or holes are observed in ductwork, piping, or
connections to covers and control devices during an inspection, a first
effort to repair shall be made as soon as practical but no later than 5
calendar days after identification. Repair shall be completed no later
than 15 calendar days after identification or discovery of the defect.
(g) The owner or operator using a carbon adsorption system shall
operate and maintain the control device in accordance with the
following requirements:
(1) Following the initial startup of the control device, all carbon
in the control device shall be replaced with fresh carbon on a regular,
pre-determined time interval that is no longer than the carbon service
life established for the carbon adsorption system.
(2) All carbon removed from the control device shall be managed in
accordance with one of the following:
(i) Regenerated or reactivated in a thermal treatment unit that is
permitted under subpart X of this part or 40 CFR part 265, subpart P of
this chapter;
(ii) Incinerated by a process that is permitted under subpart 0 of
this part; or
(iii) Burned in a boiler or industrial furnace that is permitted
under 40 CFR part 266, subpart H of this chapter.
Sec. 60.781 Monitoring of operations.
(a) For each design steam stripper or biological treatment unit
used to comply with Sec. 60.779 of this subpart, the owner or operator
shall comply with the monitoring requirements specified in Table 7 of
this subpart.
(b) If the owner or operator elects to comply using biological
treatment processes, the owner or operator shall request approval to
monitor appropriate parameters that demonstrate proper operation of the
biological treatment unit. The request shall be submitted according to
the procedures specified in Sec. 60.784(b) of this subpart and shall
include a description of planned reporting and recordkeeping
procedures. The owner or operator shall include as part of the
submittal the basis for the selected monitoring frequencies and the
methods that will be used. The Administrator will specify appropriate
reporting and recordkeeping requirements as part of the review of the
permit application or by other appropriate means. Table 7 of this
subpart summarizes the provisions specified in this paragraph (b).
(c) If the owner or operator elects to comply with Item 3 in Table
7 of this subpart, the owner or operator shall request approval to
monitor appropriate parameters that demonstrate proper operation of the
selected treatment process. The request shall be submitted according to
the procedures specified in Sec. 60.784(b) of this subpart, and shall
include a description of planned reporting and recordkeeping
procedures. The Administrator will specify appropriate reporting and
recordkeeping requirements as part of the review of the permit
application or by other appropriate means.
(d) Except as provided in paragraphs (d)(4) and (d)(5) of this
section, for each control device used to comply with the requirements
of Secs. 60.774, 60.775, 60.779, and 60.780 of this subpart, the owner
or operator shall comply with the requirements in Sec. 60.780(d) of
this subpart, and with the requirements specified in paragraph (d)(1),
(d)(2), or (d)(3) of this section, unless otherwise specified in this
subpart.
(1) The owner or operator shall comply with the monitoring
requirements specified in Table 8 of this subpart; or
(2) The owner or operator shall use an organic monitoring device
installed at the outlet of the control device and equipped with a
continuous recorder. Continuous recorder is defined in Sec. 60.771 of
this subpart; or
(3) The owner or operator shall request approval to monitor
parameters other than those specified in paragraphs (d)(1) and (d)(2)
of this section. The request shall be submitted according to the
procedures specified in Sec. 60.784(b) of this subpart, and shall
include a description of planned reporting and recordkeeping
procedures. The Administrator will specify appropriate reporting and
recordkeeping requirements as part of the review of the permit
application or other appropriate means.
(4) For a boiler or process heater in which all vent streams are
introduced with primary fuel, the owner or operator shall comply with
the requirements in Sec. 60.780(d) of this subpart but the owner or
operator is exempt from the monitoring requirements specified in
paragraphs (d)(1) through (d)(3) of this section.
(5) For a boiler or process heater with a design heat input
capacity of 44 megawatts or greater, the owner or operator shall comply
with the requirements in Sec. 60.780(d) of this subpart but the owner
or operator is exempt from the monitoring requirements specified in
paragraphs (d)(1) through (d)(3) of this section.
(e) For each parameter monitored in accordance with paragraph (b),
(c), or (d) of this section, the owner or operator shall establish a
value that indicates proper operation of the treatment process or
control device. In order to establish the value, the owner or operator
shall comply with the requirements specified in
Secs. 60.784(c)(6)(ii)(A) and 60.784(c)(7)(ii) of this subpart.
(f) Monitoring equipment shall be installed, calibrated, and
maintained according to the manufacturer's specifications or other
written procedures that provide adequate assurance that the equipment
would reasonably be expected to monitor accurately.
(g) Each owner or operator of a treatment process or control device
subject to the monitoring provisions of this subpart shall operate the
treatment process or control device such that monitored parameters are
below the maximum or above the minimum established value required to be
monitored under paragraphs (b), (c), or (d) of this section and
established under paragraph (e) of this section.
(h) Monitoring data under this subpart is directly enforceable when
determining compliance with the required operating limits for the
monitored control devices. For each excursion, except for excused
excursions as defined in Sec. 60.784(d)(3), the owner or operator shall
be deemed to have failed to have applied the control in a manner that
achieves the required operating limits. Failure to achieve the required
operating limits is a violation of this standard.
Sec. 60.782 Process wastewater provisions--test methods and procedures
for determining applicability and Group 1 and Group 2 determinations
(determining which process wastewater streams require control).
(a) Procedures to determine applicability. An owner or operator
shall comply with paragraph (a)(1) or (a)(2) of this section for each
wastewater stream to determine which wastewater streams require control
for VOC. The owner or operator may use a combination of the approaches
in paragraphs (a)(1) and (a)(2) of this
[[Page 68030]]
section for different wastewater streams generated at the affected
facility.
(1) Determine Group 1 or Group 2 status. Determine whether a
wastewater stream is a Group 1 or Group 2 wastewater stream in
accordance with paragraphs (b) and (c) of this section.
(2) Designate as Group 1. An owner or operator may designate as a
Group 1 wastewater stream a single wastewater stream or a mixture of
wastewater streams. The owner or operator is not required to determine
the concentration or flow rate for each designated Group 1 wastewater
stream for the purposes of this section.
(b) Procedures to establish concentrations, when determining Group
status under paragraph (a)(1) of this section. An owner or operator who
elects to comply with the requirements of paragraph (a)(1) of this
section shall determine the annual average concentration for VOC
according to paragraph (b)(1) of this section. The annual average
concentration shall be a flow-weighted average representative of actual
or anticipated operation of the designated CPU generating the
wastewater over a designated 12-month period. For flexible operation
units, the owner or operator shall consider the anticipated production
over the designated 12-month period and include all wastewater streams
generated by the process equipment during this period. The owner or
operator is not required to determine the concentration of VOC that are
not reasonably expected to be in the process or in the resulting
wastewater stream.
(1) General. An owner or operator who elects to comply with the
requirements of paragraph (a)(1) of this section shall determine the
flow-weighted annual average concentration for VOC and the range of
concentrations represented by the flow-weighted annual average
concentration. For the purposes of this section, the term
concentration, whether concentration is used alone or with other terms,
may be adjusted by the compound-specific fraction measured (Fm)
factors. Compound-specific Fm factors shall be determined as specified
in appendix J of this part. Flow-weighted annual average concentration
for VOC means the total mass of VOC occurring in the wastewater stream
during the designated 12-month period divided by the total mass of the
wastewater stream during the same designated 12-month period. The
annual average concentration shall be determined for each wastewater
stream either at the point of determination, or downstream of the point
of determination with adjustment for concentration changes made
according to paragraph (b)(6) of this section. The procedures specified
in paragraphs (b)(3), (b)(4), and (b)(5) of this section are considered
acceptable procedures for determining the annual average concentration.
They may be used in combination, and no one procedure shall take
precedence over another.
(2) [Reserved]
(3) Process knowledge of the wastewater. Where process knowledge is
used to determine the annual average concentration, the owner or
operator shall provide sufficient information to document the annual
average concentration for wastewater streams determined to be Group 2
wastewater streams as specified in Sec. 60.785(g) of this subpart.
Documentation to determine the annual average concentration is not
required for Group 1 streams. Examples of acceptable documentation
include material balances, records of chemical purchases, process
stoichiometry, or previous test results. If test data are used, the
owner or operator shall provide documentation describing the testing
protocol and the means by which any losses of volatile compounds during
sampling, and the bias and accuracy of the analytical method, were
accounted for in the determination.
(4) Bench-scale or pilot-scale test data. Where bench-scale or
pilot-scale test data are used to determine the annual average
concentration, the owner or operator shall provide sufficient
information to document that the data are representative of the actual
annual average concentration, or are reliably indicative of another
relevant characteristic of the wastewater stream that could be used to
predict the annual average concentration. For concentration data, the
owner or operator shall also provide documentation describing the
testing protocol, and the means by which any losses of volatile
compounds during sampling, and the bias and accuracy of the analytical
method, were accounted for in the determination of annual average
concentration.
(5) Test data from sampling at the point of determination or at a
location downstream of the point of determination. Where an owner or
operator elects to comply with paragraph (a)(1) of this section by
measuring the concentration for VOC, the owner or operator shall comply
with the requirements of this paragraph (b)(5). For each wastewater
stream, measurements shall be made either at the point of
determination, or downstream of the point of determination with
adjustment for concentration changes made according to paragraph (b)(6)
of this section. A minimum of three samples from each wastewater stream
shall be taken. Samples may be grab samples or composite samples.
(i) Methods. The owner or operator shall use any of the methods
specified in paragraphs (b)(5)(i)(A) through (b)(5)(i)(F) of this
section.
(A) Method 25D. Use procedures specified in Method 25D, 40 CFR part
60, appendix A.
(B) Method 305. Use procedures specified in Method 305, 40 CFR part
63, appendix A .
(C) Methods 624 and 625. Use procedures specified in Methods 624
and 625, 40 CFR part 136, appendix A and comply with the sampling
protocol requirements specified in paragraph (b)(5)(ii) of this
section. If these methods are used to analyze one or more compounds
that are not on the method's published list of approved compounds, the
Alternative Test Procedure specified in 40 CFR part 136.4 and 136.5
shall be followed. For Method 625, make corrections to the compounds
for which the analysis is being conducted. The corrections shall be
based on the accuracy as recovery factors in Table 7 of the method.
(D) Method 1624 and Method 1625. Use procedures specified in Method
1624 and Method 1625, 40 CFR part 136, appendix A and comply with the
requirements specified in paragraph (b)(5)(ii) of this section. If
these methods are used to analyze one or more compounds that are not on
the method's published list of approved compounds, the Alternative Test
Procedure specified in 40 CFR part 136.4 and 136.5 shall be followed.
(E) Other EPA method(s). Use procedures specified in the method and
comply with the requirements specified in paragraphs (b)(5)(ii) and
either paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B) of this section.
(F) Method(s) other than EPA method. Use procedures specified in
the method and comply with the requirements specified in paragraphs
(b)(5)(ii) and (b)(5)(iii)(A) of this section.
(ii) Sampling plan. The owner or operator who is expressly referred
to this paragraph (b)(5)(ii) by provisions of this subpart shall
prepare a sampling plan. Wastewater samples shall be collected using
sampling procedures which minimize loss of organic compounds during
sample collection and analysis and maintain sample integrity. The
sample plan shall include procedures for determining recovery
efficiency of the relevant VOC. An example of an acceptable sampling
plan
[[Page 68031]]
would be one that incorporates similar sampling and sample handling
requirements to those of Method 25D, 40 CFR part 60, appendix A. The
sampling plan shall be maintained at the facility.
(iii) Validation of methods. The owner or operator shall validate
EPA methods other than Methods 25D, 305, 624, 625, 1624, and 1625 using
the procedures specified in paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B)
of this section. The owner or operator shall validate other methods as
specified in paragraph (b)(5)(iii)(A) of this section.
(A) Validation of EPA methods and other methods. The method used to
measure VOC concentrations in the wastewater shall be validated
according to section 5.1 or 5.3, and the corresponding calculations in
section 6.1 or 6.3, of Method 301 of appendix A of this part. The data
are acceptable if they meet the criteria specified in section 6.1.5 or
6.3.3 of Method 301 of appendix A of this part. If correction is
required under section 6.3.3 of Method 301 of appendix A of this part,
the data are acceptable if the correction factor is within the range
0.7 to 1.30. Other sections of Method 301 of appendix A of this part
are not required. The concentrations of the individual VOC measured in
the water may be corrected to their concentrations had they been
measured by Method 25D of appendix A of this part, by multiplying each
concentration by the compound-specific fraction measured (Fm) factor.
Compound-specific Fm factors shall be determined as specified in
appendix J of this part.
(B) Validation for EPA methods. Follow the procedures as specified
in ``Alternative Validation Procedure for EPA Waste Methods'' 40 CFR
part 63, appendix D.
(iv) Calculations of average concentration. For methods that
speciate, the average concentration of VOC shall be calculated by first
summing the concentration of the individual compounds to obtain a total
VOC concentration for the sample, adding the sample totals, and then
dividing by the number of samples in the run to obtain the sample
average for the run. If the method used does not speciate the
compounds, the sample results should be added and this total divided by
the number of samples in the run to obtain the sample average for the
run.
(6) Adjustment for concentrations determined downstream of the
point of determination. The owner or operator shall make corrections to
the annual average concentration when the concentration is determined
downstream of the point of determination at a location where: two or
more wastewater streams have been mixed; one or more wastewater streams
have been treated; or, losses to the atmosphere have occurred. The
owner or operator shall make the adjustments either to the individual
data points or to the final annual average concentration.
(c) Procedures to determine flow rate, when evaluating Group status
under paragraph (a)(1) of this section. An owner or operator who elects
to comply with paragraph (a)(1) of this section shall determine the
annual average flow rate of the wastewater stream and the range of flow
rates represented by the annual average flow rate. The annual average
flow rate shall be determined either at the point of determination for
each wastewater stream, or downstream of the point of determination
with adjustment for flow rate changes made according to paragraph
(c)(4) of this section. These procedures may be used in combination for
different wastewater streams at the affected facility. The annual
average flow rate for the wastewater stream shall be representative of
actual or anticipated operation of the designated CPU generating the
wastewater over a designated 12-month period. The owner or operator
shall consider the annual wastewater volume generated by the designated
CPU. If the designated CPU is a flexible operation unit, the owner or
operator shall consider all anticipated production in the process
equipment over the designated 12-month period. The procedures specified
in paragraphs (c)(1), (c)(2), and (c)(3) of this section are considered
acceptable procedures for determining the flow rate. They may be used
in combination, and no one procedure shall take precedence over
another.
(1) Process knowledge of the wastewater. The owner or operator may
use process knowledge of the wastewater stream and/or the process to
determine the annual average flow rate. The owner or operator shall use
the maximum expected annual average production capacity of the process
unit, knowledge of the process, and/or mass balance information to
either estimate the annual average wastewater flow rate directly or
estimate the total annual wastewater volume and then divide total
volume by 525,600 minutes in a year. Where process knowledge is used to
determine the annual average flow rate, the owner or operator shall
provide sufficient information to document the flow rate for wastewater
streams determined to be Group 2 wastewater streams as specified in
Sec. 60.785(g) of this subpart. Documentation to determine the annual
average flow rate is not required for Group 1 streams.
(2) Historical records. The owner or operator may use historical
records to determine the annual average flow rate. Derive the highest
annual average flow rate of wastewater from historical records
representing the most recent 5 years of operation or, if the process
unit has been in service for less than 5 years but at least 1 year,
from historical records representing the total operating life of the
process unit. Where historical records are used to determine the annual
average flow rate, the owner or operator shall provide sufficient
information to document the flow rate for wastewater streams determined
to be Group 2 wastewater streams. Documentation to determine the annual
average flow rate is not required for Group 1 streams.
(3) Measurements of flow rate. Where an owner or operator elects to
comply with paragraph (a)(1) of this section by measuring the flow
rate, the owner or operator shall comply with the requirements of this
paragraph (c)(3). Measurements shall be made at the point of
determination, or at a location downstream of the point of
determination with adjustments for flow rate changes made according to
paragraph (c)(4) of this section. Where measurement data are used to
determine the annual average flow rate, the owner or operator shall
provide sufficient information to document the flow rate for wastewater
streams determined to be Group 2 wastewater streams. Documentation to
determine the annual average flow rate is not required for Group 1
streams.
(4) Adjustment for flow rates determined downstream of the point of
determination. The owner or operator shall make corrections to the
annual average flow rate of a wastewater stream when it is determined
downstream of the point of determination at a location where two or
more wastewater streams have been mixed or one or more wastewater
streams have been treated. The owner or operator shall make corrections
for such changes in the annual average flow rate.
Sec. 60.783 Process wastewater provisions--test methods and procedures
to determine compliance.
(a) General. This section specifies the procedures for performance
tests that are conducted to demonstrate compliance of a treatment
process or a control device with the control requirements specified in
Sec. 60.779 of this subpart. Owners or operators conducting a design
evaluation shall comply with the requirements of either
[[Page 68032]]
paragraph (a)(1) or (a)(2) of this section. Owners or operators
conducting a performance test shall comply with the applicable
requirements in paragraphs (a) through (i) of this section.
(1) Performance tests and design evaluations for treatment
processes. If design steam stripper option (Sec. 60.779(d) of this
subpart) or RCRA option (Sec. 60.779(h)of this subpart) is selected to
comply with Sec. 60.779 of this subpart, neither a design evaluation
nor a performance test is required. For any other non-biological
treatment process, the owner or operator shall conduct either a design
evaluation as specified in Sec. 60.779(j) of this subpart, or a
performance test as specified in this section. For closed biological
treatment processes, the owner or operator shall conduct either a
design evaluation as specified in Sec. 60.779(j) of this subpart, or a
performance test as specified in this section. For each open biological
treatment process, the owner or operator shall conduct a performance
test as specified in this section.
Note to paragraph (a)(1): Some open biological treatment
processes may not require a performance test. Refer to paragraph (h)
of this section to determine whether the biological treatment
process meets the criteria that exempt the owner or operator from
conducting a performance test.
(2) Performance tests and design evaluations for control devices.
The owner or operator shall conduct either a design evaluation as
specified in Sec. 60.780(d) of this subpart, or a performance test as
specified in paragraph (i) of this section for control devices other
than flares and paragraph (j) of this section for flares.
(3) Performance tests and compliance determinations shall be
conducted according to the schedule and procedures in 40 CFR 63.7(a)
and table 2A of this subpart, and the applicable sections of this
subpart.
(4) The owner or operator shall notify the Administrator of the
intention to conduct a performance test at least 30 calendar days
before the performance test is scheduled to allow the Administrator the
opportunity to have an observer present during the test.
(5) Performance tests shall be conducted according to the
provisions of 40 CFR 63.7(e)(1) through (e)(2) and (e)(4) and table 2A
of this subpart, except that performance tests shall be conducted at
maximum representative operating conditions for the process. During the
performance test, an owner or operator may operate the control or
recovery device at maximum or minimum representative operating
conditions for monitored control or recovery device parameters,
whichever results in lower emission reduction.
(6) Data shall be reduced in accordance with the EPA-approved
methods specified in the applicable subpart or, if other test methods
are used, the data and methods shall be validated according to the
protocol in Method 301 of appendix A of 40 CFR part 63.
(7) Performance tests may be waived with approval of the
Administrator as specified in 40 CFR 63.7(h)(2) and table 2A of this
subpart. Owners or operators who apply for a waiver of a performance
test shall submit the application by the dates specified in paragraph
(b)(7)(i) of this section.
(i) The application for a waiver of an initial performance test
shall be submitted not later than 90 calendar days before the
Notification of Compliance Status required in Sec. 60.784(c) of this
subpart is due to be submitted.
(ii) Any application for a waiver of a performance test shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the affected facility performing the required test.
(8) Representative process unit operating conditions. Compliance
shall be demonstrated for representative operating conditions.
Operations during periods of start-up, shutdown, or malfunction and
periods of non-operation shall not constitute representative
conditions. The owner or operator shall record the process information
that is necessary to document operating conditions during the test.
(9) Representative treatment process or control device operating
conditions. Performance tests shall be conducted when the treatment
process or control device is operating at a representative inlet flow
rate and concentration. If the treatment process or control device will
be operating at several different sets of representative operating
conditions, the owner or operator shall comply with paragraphs
(a)(9)(i) and (a)(9)(ii) of this section. The owner or operator shall
record information that is necessary to document treatment process or
control device operating conditions during the test.
(i) Range of operating conditions. If the treatment process or
control device will be operated at several different sets of
representative operating conditions, performance testing over the
entire range is not required. In such cases, the performance test
results shall be supplemented with modeling and/or engineering
assessments to demonstrate performance over the operating range.
(ii) Consideration of residence time. If concentration and/or flow
rate to the treatment process or control device are not relatively
constant (i.e., comparison of inlet and outlet data will not be
representative of performance), the owner or operator shall consider
residence time, when determining concentration and flow rate.
(10) Testing equipment. All testing equipment shall be prepared and
installed as specified in the applicable test methods, or as approved
by the Administrator.
(11) Compounds not required to be considered in performance tests
or design evaluations. This paragraph (a)(11) applies only when test
methods that speciate compounds are used. Compounds that meet the
requirements specified in paragraphs (a)(11)(i), (a)(11)(ii), or
(a)(11)(iii) of this section are not required to be included in the
performance test.
(i) Compounds not used or produced by the chemical process unit; or
(ii) Compounds with concentrations at the point of determination
that are below 1 part per million by weight; or
(iii) Compounds with concentrations at the point of determination
that are below the lower detection limit where the lower detection
limit is greater than 1 part per million by weight. The method shall be
an analytical method for wastewater which has that compound as a target
analyte.
(12) Treatment using a series of treatment processes. In all cases
where the wastewater provisions in this subpart allow or require the
use of a treatment process to comply with emission limitations, the
owner or operator may use multiple treatment processes. The owner or
operator complying with the requirements of Sec. 60.779(a)(12)(i) of
this subpart, when wastewater is conveyed by hard-piping, shall comply
with either paragraph (a)(12)(i) or (a)(12)(ii) of this section. The
owner or operator complying with the requirements of
Sec. 60.779(a)(12)(ii) of this subpart shall comply with the
requirements of paragraph (a)(12)(ii) of this section.
(i) The owner or operator shall conduct the performance test across
each series of treatment processes. For each series of treatment
processes, inlet concentration and flow rate shall be measured either
where the wastewater stream enters the first treatment process in a
series of treatment processes, or prior to the first treatment process
as specified in paragraph (a)(14) of this section. For each series of
treatment processes, outlet concentration and flow
[[Page 68033]]
rate shall be measured where the wastewater stream exits the last
treatment process in the series of treatment processes, except when the
last treatment process is an open or a closed aerobic biological
treatment process demonstrating compliance by using the procedures in
paragraphs (f) or (g) of this section. When the last treatment process
is either an open or a closed aerobic biological treatment process
demonstrating compliance by using the procedures in paragraphs (f) or
(g) of this section, inlet and outlet concentrations and flow rates
shall be measured as provided in paragraphs (a)(12)(i)(A) and
(a)(12)(i)(B) of this section. The mass flow rates removed or destroyed
by the series of treatment processes and by the biological treatment
process are all used to calculate actual mass removal (AMR) as
specified in paragraph (f)(5)(ii) of this section.
(A) The inlet and outlet to the series of treatment processes prior
to the biological treatment process are the points at which the
wastewater enters the first treatment process and exits the last
treatment process in the series, respectively, except as provided in
paragraph (a)(14)(ii) of this section.
(B) The inlet to the biological treatment process shall be the
point at which the wastewater enters the biological treatment process
or the outlet from the series of treatment processes identified in
paragraph (a)(12)(i)(A) of this section, except as provided in
paragraph (a)(14)(ii) of this section.
(ii) The owner or operator shall conduct the performance test
across each treatment process in the series of treatment processes. The
mass flow rate removed or destroyed by each treatment process shall be
added together to determine whether compliance has been demonstrated
using paragraphs (c), (d), (e), (f), and (g) of this section, as
applicable. If a biological treatment process is one of the treatment
processes in the series of treatment processes, the inlet to the
biological treatment process shall be the point at which the wastewater
enters the biological treatment process or the inlet to the
equalization tank if all the criteria of paragraph (a)(14)(ii) of this
section are met.
(13) When using a biological treatment process to comply with
Sec. 60.779 of this subpart, the owner or operator may elect to
calculate the AMR using a subset of VOC determined at the point of
determination or downstream of the point of determination with
adjustment for concentration and flowrate changes made according to
Sec. 60.782(b)(6) and (c)(4), respectively, of this subpart. All VOC
measured to determine the RMR, except as provided by paragraph (a)(11)
of this section, shall be included in the RMR calculation.
(14) The owner or operator determining the inlet for purposes of
demonstrating compliance with paragraphs (e), (f), or (g) of this
section may elect to comply with paragraph (a)(14)(i) or (a)(14)(ii) of
the section.
(i) When wastewater is conveyed exclusively by hard-piping from the
point of determination to a treatment process that is either the only
treatment process or the first in a series of treatment processes
(i.e., no treatment processes or other waste management units are used
upstream of this treatment process to store, handle, or convey the
wastewater), the inlet to the treatment process shall be at any
location from the point of determination to where the wastewater stream
enters the treatment process. When samples are taken upstream of the
treatment process and before wastewater streams have converged, the
owner or operator shall ensure that the mass flow rate of all Group 1
wastewater streams is accounted for when using Sec. 60.779(e) or (f) of
this subpart to comply and that the mass flow rate of all Group 1 and
Group 2 wastewater streams is accounted for when using Sec. 60.779(g)
of this subpart to comply, except as provided in Sec. 60.779(a)(6) of
this subpart.
(ii) The owner or operator may consider the inlet to the
equalization tank as the inlet to the biological treatment process if
all the criteria in paragraphs (a)(14)(ii)(A) through (a)(14)(ii)(C) of
this section are met. The outlet from the series of treatment processes
prior to the biological treatment process is the point at which the
wastewater exits the last treatment process in the series prior to the
equalization tank, if the equalization tank and biological treatment
process are part of a series of treatment processes. The owner or
operator shall ensure that the mass flow rate of all Group 1 wastewater
streams is accounted for when using Sec. 60.779(e) or (f) of this
subpart to comply and that the mass flow rate of all Group 1 and Group
2 wastewater streams is accounted for when using Sec. 60.779(g) of this
subpart to comply, except as provided in paragraph (a)(11) of this
section.
(A) The wastewater is conveyed by hard-piping from either the last
previous treatment process or the point of determination to the
equalization tank.
(B) The wastewater is conveyed from the equalization tank
exclusively by hard-piping to the biological treatment process and no
treatment processes or other waste management units are used to store,
handle, or convey the wastewater between the equalization tank and the
biological treatment process.
(C) The equalization tank is equipped with a fixed roof and a
closed vent system that routes VOC emissions to a control device that
meets the requirements of 40 CFR 63.133(a)(2)(i) and (b)(1) through
(b)(4).
(b) [Reserved]
(c) Non-combustion, non-biological treatment process: percent mass
removal/destruction option. This paragraph (c) applies to performance
tests that are conducted to demonstrate compliance of a noncombustion,
non-biological treatment process with the percent mass removal limits
specified in Sec. 60.779(e)(1), (e)(2), and (e)(3) of this subpart for
VOC. When demonstrating compliance with Sec. 60.779(e)(1) of this
subpart, the owner or operator shall comply with the requirements
specified in paragraphs (c)(1) through (c)(6) of this section. When
demonstrating compliance with Sec. 60.779(e)(2) of this subpart, the
owner or operator shall comply with the requirements specified in
paragraphs (c)(1), (c)(2), (c)(3), and (c)(6) of this section. When
demonstrating compliance with Sec. 60.779(e)(3) of this subpart, the
owner or operator shall comply with the requirements specified in
paragraphs (e)(1), (e)(2), (e)(3), (e)(4), and (e)(6) of this section
for each of the following VOC: methanol, ethylene glycol monobutyl
ether acetate, and, methyl ethyl ketone.
(1) Concentration. The concentration of VOC entering and exiting
the treatment process shall be determined as provided in this paragraph
(c)(1). Wastewater samples shall be collected using sampling procedures
which minimize loss of organic compounds during sample collection and
analysis and maintain sample integrity per Sec. 60.782(b)(5)(ii) of
this subpart. The method shall be an analytical method for wastewater
which has that compound as a target analyte. Samples may be grab
samples or composite samples. Samples shall be taken at approximately
equally spaced time intervals over a 1-hour period. Each 1-hour period
constitutes a run, and the performance test shall consist of a minimum
of 3 runs.
(2) Flow rate. The flow rate of the entering and exiting wastewater
streams shall be determined using inlet and outlet flow meters,
respectively. Where the outlet flow is not greater than the inlet flow,
a flow meter shall be used,
[[Page 68034]]
and may be used at either the inlet or outlet. Flow rate measurements
shall be taken at the same time as the concentration measurements.
(3) Calculation of mass flow rate--for noncombustion, nonbiological
treatment processes.
(i) When complying with either Sec. 60.779(e)(1) or (e)(2)of this
subpart, use this paragraph (c)(3)(i), to calculate the mass flow rate
of VOC entering and exiting the treatment process.
[GRAPHIC] [TIFF OMITTED] TP09DE98.004
[GRAPHIC] [TIFF OMITTED] TP09DE98.005
Where:
QMW<INF>a</INF>, QMW<INF>b</INF> = Mass flow rate of VOC, average of
all runs, in wastewater entering (QMW<INF>a</INF>) or exiting
(QMW<INF>b</INF>) the treatment process, kilograms per hour.
<greek-r> = Density of the wastewater, kilograms per cubic meter.
Q<INF>a, k,</INF> Q<INF>b, k</INF> = Volumetric flow rate of wastewater
entering (Q<INF>a, k</INF>) or exiting (Q<INF>b, k</INF>) the treatment
process during each run k, cubic meters per hour.
C<INF>T, a, k,</INF> C<INF>T, b, k</INF> = Total concentration of VOC
in wastewater entering (C<INF>T, a, k</INF>) or exiting
(C<INF>T, b, k</INF>) the treatment process during each run k, parts
per million by weight. Total concentration shall be based on speciated
method(s) if using Sec. 60.779(e)(1) of this subpart to comply and
shall be based on either speciated or non-speciated methods if using
Sec. 60.779(e)(2) of this subpart to comply.
p = Number of runs.
k = Identifier for a run.
10\6\ = conversion factor, mg/kg
(ii) When complying with Sec. 60.779(e)(3) of this subpart, use
this paragraph (c)(3)(ii) to calculate the mass flow rate of each
compound, i.e., methanol, ethylene glycol monobutyl ether acetate, and
methyl ethyl ketone, entering and exiting the treatment process.
[GRAPHIC] [TIFF OMITTED] TP09DE98.006
[GRAPHIC] [TIFF OMITTED] TP09DE98.007
Where:
QMW<INF>a</INF>, QMW<INF>b</INF> = Mass flow rate of a compound average
of all runs, in wastewater entering (QMW<INF>a</INF>) or existing
(QMW<INF>b</INF>) the treatment process, kilograms per hour.
<greek-r> = Density of the wastewater, kilograms per cubic meter.
Q<INF>a,k,</INF> Q<INF>b,k</INF> = Volumetric flow rate of wastewater
entering (Q<INF>a,k</INF>) or exiting (Q<INF>b,k</INF>) the treatment
process during each run k, cubic meters per hour.
C<INF>,a,k,</INF> C<INF>,b,k</INF> = Concentration of a compound in
wastewater entering (C<INF>,a,k</INF>) or existing (C<INF>,b,k</INF>)
the treatment process during each run k, parts per million by weight.
Concentration shall be based on speciated method(s).
p = Number of runs.
k = Identifier for a run.
10<SUP>6</SUP> = conversion factor, mg/kg
(4) Percent removal calculation for mass flow rate. The percent
mass removal across the treatment process shall be calculated as
follows if complying with Sec. 60.779(e)(1) of this subpart:
[GRAPHIC] [TIFF OMITTED] TP09DE98.008
Where:
E = Removal or destruction efficiency of the treatment process,
percent.
QMW<INF>a</INF>, QMW<INF>b</INF> = Mass flow rate of VOC in wastewater
entering (QMW<INF>a</INF>) and exiting (QMW<INF>b</INF>) the treatment
process, kilograms per hour (as calculated using Equations WW1 and WW2,
or Equations WW1-2 and WW2-2).
(5) Calculation of flow-weighted average of Fr values. If complying
with Sec. 60.779(e)(1) of this subpart, use Equation WW8 in paragraph
(d)(8) of this section to calculate the flow-weighted average of the Fr
values. When the term ``combustion'' is used in Equation WW8, the term
``treatment process'' shall be used for the purposes of this paragraph.
Follow the procedures in Sec. 60.778 of this subpart to develop a
stream-specific list of VOC. Follow the procedures in appendix J of
this part to determine Fr values.
(6) Compare mass removal efficiency to required efficiency. Compare
the mass removal efficiency (calculated in Equation WW3) to the
required efficiency as specified in Sec. 60.779(e) of this subpart. If
complying with Sec. 60.779(e)(1) of this subpart, compliance is
demonstrated if the mass removal efficiency is greater than or equal to
the flow-weighted average of the Fr values calculated in Equation WW8.
If complying with Sec. 60.779(e)(2) of this subpart, compliance is
demonstrated if the mass removal efficiency is 95 percent or greater
and outlet concentration is less than 50 ppmw. If complying with
Sec. 60.779(e)(3) of this subpart, compliance is demonstrated if the
mass removal for methanol is greater than or equal to 31 percent, and
the mass removal for ethylene glycol monobutyl ether acetate, and
methyl ethyl ketone is greater than or equal to 76 percent, and the
mass
[[Page 68035]]
removal for methyl ethyl ketone is greater than or equal to 95 percent.
(d) Combustion treatment processes: percent mass removal/
destruction option. This paragraph (d) applies to performance tests
that are conducted to demonstrate compliance of a combustion treatment
process with the percent mass destruction limits specified in
Sec. 60.779(e)(1) of this subpart for VOC. The owner or operator shall
comply with the requirements specified in paragraphs (d)(1) through
(d)(9) of this section.
(1) Concentration in wastewater stream entering the combustion
treatment process. The concentration of VOC entering the treatment
process shall be determined as provided in this paragraph (d)(1).
Wastewater samples shall be collected using sampling procedures which
minimize loss of organic compounds during sample collection and
analysis and maintain sample integrity per Sec. 60.782(b)(5)(ii) of
this subpart. The method shall be an analytical method for wastewater
which has that compound as a target analyte. Samples may be grab
samples or composite samples. Samples shall be taken at approximately
equally spaced time intervals over a 1-hour period. Each 1-hour period
constitutes a run, and the performance test shall consist of a minimum
of 3 runs.
(2) Flow rate of wastewater entering the combustion treatment
process. The flow rate of the wastewater stream entering the combustion
treatment process shall be determined using an inlet flow meter. Flow
rate measurements shall be taken at the same time as the concentration
measurements.
(3) Calculation of mass flow rate in wastewater stream entering
combustion treatment processes. The mass flow rate of VOC entering the
treatment process is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP09DE98.009
Where:
QMW<INF>a</INF>=Mass flow rate of VOC entering the combustion unit,
kilograms per hour.
<greek-r> = Density of the wastewater stream, kilograms per cubic
meter.
Q<INF>a,k</INF>=Volumetric flow rate of wastewater entering the
combustion unit during run k, cubic meters per hour.
C<INF>T,a,k</INF>=Total concentration of VOC in the wastewater stream
entering the combustion unit during run k, parts per million by weight.
p=Number of runs.
k=Identifier for a run.
(4) Concentration in vented gas stream exiting the combustion
treatment process. The concentration of VOC exiting the combustion
treatment process in any vented gas stream shall be determined as
provided in this paragraph (d)(4). Samples may be grab samples or
composite samples. Samples shall be taken at approximately equally
spaced time intervals over a 1-hour period. Each 1-hour period
constitutes a run, and the performance test shall consist of a minimum
of 3 runs. Concentration measurements shall be determined using Method
18, 40 CFR part 60, appendix A. Alternatively, any other test method
validated according to the procedures in Method 301, 40 CFR part 60,
appendix A may be used.
(5) Volumetric flow rate of vented gas stream exiting the
combustion treatment process. The volumetric flow rate of the vented
gas stream exiting the combustion treatment process shall be determined
using Method 2, 2A, 2C, or 2D, CFR part 60, appendix A, as appropriate.
Volumetric flow rate measurements shall be taken at the same time as
the concentration measurements.
(6) Calculation of mass flow rate of vented gas stream exiting
combustion treatment processes. The mass flow rate VOC in a vented gas
stream exiting the combustion treatment process shall be calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TP09DE98.010
[GRAPHIC] [TIFF OMITTED] TP09DE98.011
Where:
CG<INF>b, i</INF>=Concentration of (TOC) (minus methane and ethane) or
total VOC, in vented gas stream, exiting (CG<INF>b, i</INF>) the
control device, dry basis, parts per million by volume.
QMG<INF>b</INF>=Mass rate of TOC (minus methane and ethane) or total
VOC in vented gas stream, exiting (QMG<INF>b</INF>) the control device,
dry basis, kilograms per hour.
MW<INF>i</INF>=Molecular weight of a component, kilogram/kilogram-mole.
QG<INF>b</INF>=Flow rate of gas stream exiting (QG<INF>b</INF>) the
control device, dry standard cubic meters per hour.
K<INF>2</INF>=Constant, 41.57 x 10<SUP>-9</SUP> (parts per
million)<SUP>-1</SUP> (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter)
is 20 deg. Celsius.
i=Identifier for a compound.
n=Number of components in the sample.
(7) Destruction efficiency calculation. The destruction efficiency
of the combustion unit for VOC shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP09DE98.012
Where:
E=Destruction efficiency of VOC for the combustion unit, percent.
QMW<INF>a</INF>=Mass flow rate of VOC entering the combustion unit,
kilograms per hour.
QMG<INF>b</INF>=Mass flow rate VOC in vented gas stream exiting the
combustion treatment process, kilograms per hour.
(8) Calculation of flow-weighted average of Fr values. Use Equation
WW8 to calculate the flow-weighted average of the Fr values. Follow the
procedures in Sec. 60.778 of this subpart to develop a stream-specific
list of VOC. Follow the procedures in appendix J of this part to
determine the Fr values.
[[Page 68036]]
[GRAPHIC] [TIFF OMITTED] TP09DE98.013
Where:
Fr<INF>avg</INF>=Flow-weighted average of the Fr values.
C<INF>i, a, k</INF>=Concentration of VOC in wastewater stream entering
the combustion unit, during run k, parts per million by weight.
Q<INF>a, k</INF>=Volumetric flow rate of wastewater entering the
combustion unit during run k, cubic meters per hour.
Fr<INF>i</INF>=Compound-specific Fr value as determined by the
procedures in appendix J of this part.
(9) Calculate flow-weighted average of Fr values and compare to
mass destruction efficiency. Compare the mass destruction efficiency
(calculated in Equation WW7) to the required efficiency as specified in
Sec. 60.779(e)(2) of this subpart. Compliance is demonstrated if the
mass destruction efficiency is greater than or equal to the flow-
weighted average of the Fr value calculated in Equation WW8.
(e) Non-combustion treatment processes including closed biological
treatment processes: RMR option. This paragraph (e) applies to
performance tests for non-combustion treatment processes other than
open biological treatment processes to demonstrate compliance with the
mass removal provisions for VOC. Compliance options for noncombustion
nonbiological treatment processes are specified in Sec. 60.779(f)(1) of
this subpart. Compliance options for closed aerobic and anaerobic
biological treatment processes are specified in Sec. 60.779(f)(2)(i)
and (g)(1)(i), and Sec. 60.779(f)(3), and (g)(2) of this subpart. When
complying with Sec. 60.779(f)(2)(i) or (f)(3) of this subpart, the
owner or operator shall comply with the requirements specified in
paragraphs (e)(1) through (e)(6) of this section. When complying with
Sec. 60.779(g)(1)(i) or (g)(2) of this subpart, the owner or operator
shall comply with the requirements specified in paragraphs (e)(1)
through (e)(6) of this section.
(1) Concentration in wastewater stream. The concentration of VOC
shall be determined as provided in this paragraph (e)(1). Concentration
measurements to determine RMR shall be taken at the point of
determination or downstream of the point of determination with
adjustment for concentration change made according to Sec. 60.782(b)(6)
of this subpart. Concentration measurements to determine AMR shall be
taken at the inlet and outlet to the treatment process and as provided
in paragraph (a)(7) of this section for a series of treatment
processes. Wastewater samples shall be collected using sampling
procedures which minimize loss of organic compounds during sample
collection and analysis and maintain sample integrity per
Sec. 60.782(b)(5)(ii) of this subpart. The method shall be an
analytical method for wastewater which has that compound as a target
analyte. Samples may be grab samples or composite samples. Samples
shall be taken at approximately equally spaced time intervals over a 1-
hour period. Each 1-hour period constitutes a run, and the performance
test shall consist of a minimum of 3 runs.
(2) Flow rate. Flow rate measurements to determine RMR shall be
taken at the point of determination or downstream of the point of
determination with adjustment for flow rate change made according to
Sec. 60.782(c)(4) of this subpart. Flow rate measurements to determine
AMR shall be taken at the inlet and outlet to the treatment process and
as provided in paragraph (a)(7) of this section for a series of
treatment processes. Flow rate shall be determined using inlet and
outlet flow measurement devices. Where the outlet flow is not greater
than the inlet flow, a flow measurement device shall be used, and may
be used at either the inlet or outlet. Flow rate measurements shall be
taken at the same time as the concentration measurements.
(3) Calculation of RMR for non-combustion treatment processes
including closed biological treatment processes. When using
Secs. 60.779(f)(2)(i) or (f)(3) of this subpart to comply, the required
mass removal of VOC for each Group 1 wastewater stream shall be
calculated as specified in paragraph (e)(3)(i) of this section. When
using Sec. 60.779(g)(1)(i) or (g)(2) of this subpart to comply, the
required mass removal shall be calculated as specified in paragraph
(e)(3)(ii) of this section.
(i) When using Sec. 60.779(f)(2)(i) or (f)(3) of this subpart to
comply, the required mass removal of VOC for each Group 1 wastewater
stream shall be calculated using Equation WW9.
[GRAPHIC] [TIFF OMITTED] TP09DE98.014
Where:
RMR=Required mass removal for treatment process or series of treatment
processes, kilograms per hour.
<greek-r>=Density of the Group 1 wastewater stream, kilograms per cubic
meter.
Q=Volumetric flow rate of wastewater stream at the point of
determination, liters per hour.
i=Identifier for a compound.
n=Number of VOC in stream.
C<INF>i</INF>=Concentration of VOC at the point of determination, parts
per million by weight.
Fr<INF>i</INF>=Fraction removal value of a VOC. Follow the procedures
in Sec. 60.778 of this subpart to develop a stream-specific list of
VOC. Follow the procedures in appendix J of this part to determine Fr
values.
10<SUP>9</SUP>=Conversion factor, mg/kg * l/m<SUP>3</SUP>.
(ii) When using Sec. 60.779(g)(1)(i) or (g)(2) of this subpart to
comply, the required mass removal is 95 percent of the mass flow rate
for all wastewater streams combined for treatment. The required mass
removal of VOC wastewater streams combined for treatment when complying
with 40 CFR 63.138(g) shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP09DE98.015
Where:
RMR=Required mass removal for treatment process or series of treatment
processes, kilograms per hour.
<greek-r>=Density of the wastewater stream, kilograms per cubic meter.
Q=Volumetric flow rate of wastewater stream at the point of
determination, liters per hour.
i=Identifier for a compound.
n=Number of VOC in stream.
C<INF>i</INF>=Concentration of VOC at the point of determination, parts
per million by weight.
10 <SUP>9</SUP>=Conversion factor, mg/kg * l/m <SUP>3</SUP>
(4)(i) The required mass removal is calculated by summing the
required mass removal for each Group 1 wastewater stream to be combined
for treatment when complying with Sec. 60.779(f)(2)(i) or (f)(3) of
this subpart.
[[Continued on page 68037]]