[Federal Register: September 20, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [AD-FRL-5073-9] National Emission Standards for Hazardous Air Pollutants for Source Categories: Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Correcting amendments. ----------------------------------------------------------------------- SUMMARY: This action corrects errors and clarifies regulatory text of the ``National Emission Standards for Hazardous Air Pollutants for Source Categories: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks,'' which was issued as a final rule on April 22, 1994 and June 6, 1994. This rule is commonly known as the Hazardous Organic NESHAP or the HON. EFFECTIVE DATE: September 20, 1994. FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Standards Development Branch, Emission Standards Division (MD-13), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number (919) 541-5254. SUPPLEMENTARY INFORMATION: On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196), the Environmental Protection Agency (EPA) promulgated in the Federal Register national emission standards for hazardous air pollutants (NESHAP) for the synthetic organic chemical manufacturing industry, and for several other processes subject to the equipment leaks portion of the rule. These regulations were promulgated as subparts F, G, H, and I in 40 CFR part 63, and are commonly referred to as the hazardous organic NESHAP, or the HON. This document contains corrections to typographical and cross-referencing errors in subparts F, H, and I of the final regulations. A few editorial corrections are also being made to clarify the intent of certain provisions in these subparts. Paragraph (e) of Sec. 63.103 of subpart F is being revised to clarify that the source owner or operator is required to only document the basis for the determination that the provisions of the HON do not apply, and not to keep ongoing records. Tables 1 and 2 of subpart F are revised to correct typographical errors in spelling of several chemical names or the chemical abstracts services (CAS) numbers. Thiocarbanilide is being removed from table 1 of subpart F because this chemical is listed elsewhere in table 1 as diphenyl thiourea. A few editorial changes are being made to several sections in subpart H to clarify the intent of the provisions. Section 63.163(f) is being revised to remove a requirement to inspect sealless pumps for indications of liquids dripping from the pump seal. Since this inspection will not serve the purpose of detecting failures of these pumps, the requirement to perform these inspections is being removed. The provisions of Sec. 63.180(b)(2) are being clarified by adding a sentence explaining that inert gases are not to be considered in evaluation of instrument response factor. A number of corrections are being made to subpart I to improve consistency in terminology and to clarify the provisions. This document corrects subpart I to use the term ``pharmaceutical production process'' in Sec. 63.190(b)(5) and in the definitions section. The definition of ``pharmaceutical production process'' is being clarified to reflect the intent of the regulatory negotiation committee. Editorial corrections are being made to Sec. 63.190(e) and Sec. 63.192(e) to correct a drafting error in usage of the term ``source.'' Several errors in cross referencing subpart A of part 63 and other cross referencing errors are being corrected. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and Recordkeeping requirements. Dated: September 12, 1994. Mary D. Nichols, Assistant Administrator for Air and Radiation. For the reasons set out in the preamble, title 40, chapter I, part 63, subparts F, H, and I of the Code of Federal Regulations are corrected as follows: PART 63--[AMENDED] 1. The authority citation for part 63 continues to read as follows: Authority: Sections 101, 112, 114, 116, and 301 of the Clean Air Act (42 U.S.C. 7401, et seq., as amended by Pub. L. 101-549, 104 Stat. 2399). Subpart F--National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry 2. Section 63.103 is amended by revising the first sentence of paragraph (e) to read as follows: Sec. 63.103 General compliance, reporting, and recordkeeping provisions. * * * * * (e) The basis for the determination that a chemical manufacturing unit does not use as a reactant or manufacture as a product any organic hazardous air pollutant shall be documented. * * * * * * * * Table 1 of Subpart F--[Amended] 3. Table 1 of subpart F is amended by removing the entry for thiocarbanilide and its associated CAS number and group number, and by removing the terms ``Butyrolacetone,'' ``Dimethylaniline (N,N)'' and ``Dodecandedioic acid'', in the first column, and inserting the terms ``Butyrolactone,'' ``Dimethylaniline (N,N')'' and ``Dodecanedioic acid'' in their place, respectively. Table 2 of Subpart F--[Amended] 4. Table 2 of subpart F is amended by revising the CAS number of hexane to read ``110543.'' Subpart H--National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks 5. Section 63.160 is amended by revising paragraph (a) to read as follows: Sec. 63.160 Applicability and designation of source. (a) The provisions of this subpart apply to pumps, compressors, agitators, pressure relief devices, sampling connection systems, open- ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, instrumentation systems, and control devices or systems required by this subpart that are intended to operate in organic hazardous air pollutant service 300 hours or more during the calendar year within a source subject to the provisions of a specific subpart in 40 CFR part 63 that references this subpart. * * * * * 6. Section 63.161 is amended by revising the definitions of ``closed-vent system'' and ``hard-piping'' to read as follows: Sec. 63.161 Definitions. * * * * * Closed-vent system means a system that is not open to the atmosphere and that is composed of hard-piping, ductwork, connections and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device or back into a process. * * * * Hard-piping means pipe or tubing that is manufactured and properly installed using good engineering judgement and standards, such as ANSI B31-3. * * * * * 7. Section 63.162 is amended by revising paragraphs (b)(1) and (f)(3) to read as follows: Sec. 63.162 Standards: General. * * * * * (b)(1) An owner or operator may request a determination of alternative means of emission limitation to the requirements of Secs. 63.163 through 63.170, and Secs. 63.172 through 63.174 of this subpart as provided in Sec. 63.177. * * * * * (f) * * * (3) The identification on equipment, except on a valve or connector, may be removed after it has been repaired. The identification on a valve or connector may be removed after it has been monitored as specified in Sec. 63.168(f)(3), Sec. 63.174(e), or Sec. 63.175(e)(7)(i)(D), and no leak has been detected during the followup monitoring. 8. Section 63.163 is amended by revising paragraph (f) to read as follows: Sec. 63.163 Standards: Pumps in light liquid service. * * * * * (f) Any pump that is designed with no externally actuated shaft penetrating the pump housing is exempt from the requirements of paragraphs (a) through (c) of this section. * * * * * 9. Section 63.164 is amended by revising paragraph (c) to read as follows: Sec. 63.164 Standards: Compressors. * * * * * (c) The barrier fluid shall not be in light liquid service. * * * * * 10. Section 63.165 is amended by redesignating paragraphs (d) and (e) as paragraphs (d)(1) and (d)(2), respectively, and revising them to read as follows: Sec. 63.165 Standards: Pressure relief devices in gas/vapor service. * * * * * (d)(1) Any pressure relief device that is equipped with a rupture disk upstream of the pressure relief device is exempt from the requirements of paragraphs (a) and (b) of this section, provided the owner or operator complies with the requirements in paragraph (d)(2) of this section. (2) After each pressure release, a rupture disk shall be installed upstream of the pressure relief device as soon as practicable, but no later than 5 calendar days after each pressure release, except as provided in Sec. 63.171 of this subpart. 11. Section 63.168 is amended by revising paragraph (e)(1) and by revising paragraph (h)(2) to read as follows: Sec. 63.168 Standards: Valves in gas/vapor service and in light liquid service. * * * * * (e)(1) Percent leaking valves at a process unit shall be determined by the following equation: %VL=(VL/(VT+VC)) x 100 where: %VL=Percent leaking valves. VL=Number of valves found leaking excluding nonrepairables as provided in paragraph (e)(3)(i) of this section. VT=Total valves monitored, in a monitoring period excluding valves monitored as required by (f)(3) of this section. VC=Optional credit for removed valves=0.67 x net number (i.e., total removed-total added) of valves in organic HAP service removed from process unit after the date set forth in Sec. 63.100(k) of subpart F for existing process units, and after the date of initial start-up for new sources. If credits are not taken, then VC=0. * * * * * (h) * * * (2) The owner or operator of the valve has a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times, but not more frequently than the periodic monitoring schedule otherwise applicable. * * * * * 12. Section 63.169 is amended by revising paragraphs (a), (c)(3), and (d) to read as follows: Sec. 63.169 Standards: Pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid service. (a) Pumps, valves, connectors, and agitators in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and instrumentation systems shall be monitored within 5 calendar days by the method specified in Sec. 63.180(b) of this subpart if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method. If a potential leak is repaired as required in paragraphs (c) and (d) of this section, it is not necessary to monitor the system for leaks by the method specified in Sec. 63.180(b) of this subpart. * * * * * (c) * * * (3) For equipment identified in paragraph (a) of this section that is not monitored by the method specified in Sec. 63.180(b) of this subpart, repaired shall mean that the visual, audible, olfactory, or other indications of a leak have been eliminated; that no bubbles are observed at potential leak sites during a leak check using soap solution; or that the system will hold a test pressure. (d) First attempts at repair include, but are not limited to, the practices described under Secs. 63.163(c)(2) and 63.168(g) of this subpart, for pumps and valves, respectively. 13. Section 63.171 is amended by revising paragraph (e) to read as follows: Sec. 63.171 Standards: Delay of repair. * * * * * (e) Delay of repair beyond a process unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the process unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the second process unit shutdown will not be allowed unless the third process unit shutdown occurs sooner than 6 months after the first process unit shutdown. 14. Section 63.172 is amended by revising paragraphs (b) and (k)(2) to read as follows: Sec. 63.172 Standards: Closed-vent systems and control devices. * * * * * (b) Vapor recovery systems (e.g., condensers and adsorbers) shall be designed and operated to recover the organic HAP emissions or VOC emissions vented to them with an efficiency of 95 percent or greater. * * * * * (k) * * * (2) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe- to-inspect times, but not more frequently than annually. * * * * * 15. Section 63.174 is amended by revising paragraphs (b)(1), (b)(2), (b)(3)(i); the first sentence of (b)(3)(ii); paragraph (f)(2); and the first sentence of paragraph (h)(1) introductory text to read as follows: Sec. 63.174 Standards: Connectors in gas/vapor service and in light liquid service. * * * * * (b) * * * (1) For each group of existing process units within an existing source, by no later than 12 months after the compliance date, the owner or operator shall monitor all connectors, except as provided in paragraphs (f) through (h) of this section. (2) For new sources, within the first 12 months after initial start-up or by no later than 12 months after the date of promulgation of a specific subpart that references this subpart, whichever is later, the owner or operator shall monitor all connectors, except as provided in paragraphs (f) through (h) of this section. (3) * * * (i) Once per year (i.e., 12-month period), if the percent leaking connectors in the process unit was 0.5 percent or greater during the last required annual or biennial monitoring period. (ii) Once every 2 years, if the percent leaking connectors was less than 0.5 percent during the last required monitoring period. * * * * * * * * (f) * * * (2) The owner or operator has a written plan that requires monitoring of the connector as frequently as practicable during safe to monitor periods, but not more frequently than the periodic schedule otherwise applicable. * * * * * (h)(1) Any connector that is inaccessible or is glass or glass- lined, is exempt from the monitoring requirements of paragraphs (a) and (c) of this section and from the recordkeeping and reporting requirements of Sec. 63.181 and Sec. 63.182 of this subpart. * * * * * * * * 16. Section 63.180 is amended by adding two sentences to the end of paragraph (b)(2) and by revising paragraph (c) introductory text to read as follows: Sec. 63.180 Test methods and procedures. * * * * * (b) * * * (2) * * *. For process streams that contain nitrogen, water, air, or other inerts which are not organic HAP's or VOC's, the average stream response factor may be calculated on an inert-free basis. The response factor may be determined at any concentration for which monitoring for leaks will be conducted. * * * * * (c) When equipment is monitored for compliance as required in Secs. 63.164(i), 63.165(a), and 63.172(f) of this subpart or when equipment subject to a leak definition of 500 ppm is monitored for leaks, the monitoring shall comply with the following requirements: * * * * * 17. Section 63.181 is amended by adding a sentence to the end of paragraph (b)(1)(i) and by revising paragraph (d)(5)(i) to read as follows: Sec. 63.181 Recordkeeping requirements. * * * * * (b) * * * (1)(i) * * *. With respect to connectors, the list shall be complete no later than the completion of the initial survey required by Sec. 63.174 (b)(1) or (b)(2) of this subpart. * * * * * (d) * * * (5) * * * (i) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. The written procedures may be included as part of the startup/shutdown/malfunction plan, required by Sec. 63.6(e)(3), for the source or may be part of a separate document that is maintained at the plant site. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure. * * * * * 18. Section 63.182 is amended by revising paragraphs (a)(6)(ii), (c) introductory text, and (c)(4) to read as follows: Sec. 63.182 Reporting requirements. (a) * * * (6) * * * (ii) A request for an extension of compliance must include the data described in Sec. 63.6(i)(6)(i) of subpart A of this part. * * * * * (c) Each owner or operator of a source subject to this subpart shall submit a Notification of Compliance Status within 90 days after the compliance dates specified in the subpart in 40 CFR part 63 that references this subpart, except as provided in paragraph (c)(4) of this section. * * * * * (4) For existing sources subject to subpart F of this part, the Notification of Compliance Status shall be submitted for the group of process units with the earliest compliance date specified in Sec. 63.100(k) of subpart F of this part, by no later than 90 days after the compliance date for that group. The Notification of Compliance Status for each subsequent group shall be submitted as part of the first periodic report that is due not less than 90 days after the compliance date for that group. * * * * * Subpart I--National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks 19. Section 63.190 is amended by revising paragraphs (b)(5), (c), and (e) introductory text; and by removing and reserving paragraph (b)(6)(i) to read as follows: Sec. 63.190 Applicability and designation of source. * * * * * (b) * * * (5) Pharmaceutical production processes using carbon tetrachloride or methylene chloride (carbon tetrachloride and methylene chloride emissions only). (6) * * * (i) Reserved. * * * * * (c) The owner or operator of a process listed in paragraph (b) of this section that does not have the designated organic hazardous air pollutants present in the process shall comply only with the requirements of Sec. 63.192(k) of this subpart. To comply with this subpart, such processes shall not be required to comply with the provisions of subpart A of this part. * * * * * (e) The owner or operator of a process subject to this subpart is required to comply with the provisions of subpart H of this part on or before the dates specified in paragraphs (e)(1) or (e)(2) of this section, unless the owner or operator eliminates the use or production of all HAP's that cause the process to be subject to this rule no later than 18 months after April 22, 1994. * * * * * 20. Section 63.191 is amended by revising paragraph (a) and by revising the definition of ``Pharmaceutical production'' in paragraph (b) to read as follows: Sec. 63.191 Definitions. (a) The following terms as used in subparts I and H of this part shall have the meaning given them in subpart A of this part: Act, Administrator, approved permit program, commenced, compliance date, construction, effective date, EPA, equivalent emission limitation, existing source, Federally enforceable, hazardous air pollutant, lesser quantity, major source, malfunction, new source, owner or operator, performance evaluation, performance test, permit program, permitting authority, reconstruction, relevant standard, responsible official, run, standard conditions, State, and stationary source. (b) * * * Pharmaceutical production process means a process that synthesizes pharmaceutical intermediate or final products using carbon tetrachloride or methylene chloride as a reactant or process solvent. Pharmaceutical production process does not mean process operations involving formulation activities such as tablet coating or spray coating of drug particles. * * * * * 21. Section 63.192 is amended by revising paragraphs (b)(4) through (b)(8), (e), (i)(1), (i)(2) and (k) to read as follows: Sec. 63.192 Standard. * * * * * (b) * * * (4) The prohibited activities and circumvention provisions of Sec. 63.4 (a)(1), (a)(2), (a)(3), (a)(5), and (b); (5) The construction and reconstruction provisions of Sec. 63.5(a), (b)(1), (b)(3), (d) (except the review is limited to the equipment subject to the provisions of subpart H), (e), and (f); (6) The compliance with standards and maintenance requirements of Sec. 63.6(a), (b)(3), (c)(5), (e), (i)(1), (i)(2), (i)(4)(i)(A), (i)(6)(i), (i)(8) through (i)(10), (i)(12) through (i)(14), (i)(16), and (j); (7) With respect to flares, the performance testing requirements of Sec. 63.7(a)(3), (d), (e)(1), (e)(2), (e)(4), and (h); (8) The notification requirements of Sec. 63.9 (a)(1), (a)(3), (a)(4), (b)(1)(i), (b)(4), (b)(5) (except, use the schedule specified in subpart H), (c), (d), and (i); * * * * * (e) If an owner or operator of a process plans to eliminate the use or production of all HAP's that cause the process to be subject to the provisions of subparts I and H of this part no later than 18 months after April 22, 1994, the owner or operator shall submit to the Administrator a brief description of the change, identify the HAP's eliminated, and the expected date of cessation of operation of the current process, by no later than January 23, 1995. * * * * * (i) * * * (1) If EPA has approved a State operating permit program under 40 CFR part 70, the permit shall be obtained from the State authority. (2) If the State operating permit program has not been approved, the source shall apply to the EPA regional office pursuant to 40 CFR part 71. * * * * * (k) The basis for the determination that a process does not use as a reactant or manufacture as a product the designated organic hazardous air pollutant shall be documented. Examples of information that could document this include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. [FR Doc. 94-23113 Filed 9-19-94; 8:45 am] BILLING CODE 6560-50-P