emissions caused by such malfunctions, as there is nothing in the CAA
that prohibits the agency from doing so. The EPA's authority under CAA
section 114(a)(1) to require monitoring of emissions is not limited to
the purpose of determining whether such emissions meet numeric
emissions limits or work-practice standards.
    Comment: Several commenters state that the EPA added the PRD
requirements without regard to the CAA section 112 MACT development
process and without providing the legal justification, adequate record
basis or technical justification. One commenter added that they did not
believe that the EPA has a legal obligation nor the discretion to
promulgate the proposed PRD provisions because the PRD monitoring and
reporting requirements were not derived from the technology reviews, in
response to any residual risks detected, or the United States Court of
Appeals for the District of Columbia Circuit's invalidation of the SSM
provisions in the 40 CFR part 63 General Provisions. The commenters
suggest that these revisions should be evaluated as part of the
technology review, and the EPA should analyze the technical
feasibility, potential emissions reductions and cost effectiveness of
the revisions. Two commenters argue that the EPA provided no data to
support the claim that a large number of releases occur and may emit
large quantities of HAP, or to support the contention that releases are
not being identified. Another commenter states that its PRD management
system indicates releases from ruptured disks are not frequent and
occur for a short period of time, and that the EPA's concern about
venting to the atmosphere is unwarranted. Another commenter states that
the EPA fails to provide any factual data to back up its assertion that
HAP releases to the atmosphere from PRDs in these MACT source
categories pose a significant potential environmental harm. The
commenter notes that the EPA concluded there is no residual
environmental risk from these MACT categories, and that PRDs play an
important role in the safety and health of facility employees and
surrounding communities.
    Response: Under CAA section 112(d)(2), the EPA must promulgate
technology-based standards that reflect the maximum degree of emission
reductions of HAP achievable (after considering cost, energy
requirements, and non-air quality health and environmental impacts),
and such standards must contain compliance assurance provisions to make
sure that they are practicably enforceable. Nothing in the CAA or its
legislative history suggests that the EPA is prohibited from reviewing
and revising MACT standards and their compliance assurance provisions,
except as part of the CAA section 112(d)(6) or CAA section 112(f)
reviews or an action taken in response to a ruling by a court. The
amendments being finalized for PRD releases do not impose new emission
standards for which a MACT analysis is required by the CAA. Instead,
they prohibit previously allowed malfunction-related releases to the
atmosphere from PRDs in organic HAP service that are no longer
appropriate following the 2008 Sierra Club v. EPA ruling, and impose
additional monitoring requirements to address potential releases.
    As noted in a report prepared by the South Coast Air Quality
Management District (SCAQMD), releases from PRDs occur randomly and the
emissions can only be approximated. Based on their analysis of refinery
PRD reports of PRD releases from nine facilities in their district,
there were eight PRD releases from 2003 to 2006 that were estimated to
release greater than 2,000 lbs of emissions to the atmosphere, and
eight PRD releases from 2003 to 2006 that were estimated to release
between 500 and 2,000 lbs of emissions to the atmosphere.\4\ The SCAQMD
analysis

focuses on volatile organic compound (VOC) emissions (which would also
include organic HAP emissions). Additionally, the Texas Commission on
Environmental Quality Emission Event Reporting Database is populated
with Emission Event Reports from both the refinery and chemical sectors
where the reason for the report was due to a PRD release.\5\ These
final amendments simply prohibit HAP emissions to the atmosphere and
require that these devices now be monitored to indicate when these
releases occur and be reported, so that HAP emissions that may
potentially occur from releases can be mitigated as soon as possible.
Additionally, the final rule requirement to report PRD releases to the
atmosphere ensures that these releases will be reported nationally and
not just in some states.
---------------------------------------------------------------------------

    \4\ See ``Final Staff Report for Proposed Amended Rule 1173--
Control of Volatile Organic Compound Leaks and Releases from
Components at Petroleum Facilities and Chemical Plants.'' Planning,
Rule Development and Area Sources, South Coast Air Quality
Management District. May 15, 2007.
    \5\ See http://www11.tceq.texas.gov/oce/eer/index.cfm.
---------------------------------------------------------------------------

    An agency generally remains free to revise previously promulgated
rules to correct newly identified problems, even in the absence of a
remand from a court. United Gas Improvement Co. v. Callery Props, Inc.,
382 U.S. 223, 229 (1966). In light of, and consistent with, the 2008
Sierra Club v. EPA ruling, the EPA is eliminating the SSM exemption in
the AMF, APR and PC MACT standards and requiring that the standards in
these rules apply at all times, including during periods of SSM. In
addition, in order for our treatment of malfunction-caused emission
releases to the atmosphere from PRDs to conform with the reasoning of
the Court's ruling, the final rule states that HAP emission releases to
the atmosphere from PRDs in organic HAP service are prohibited. To
prohibit these malfunction-caused releases, it is not necessary for us
to set an emission standard that is based on a MACT floor or beyond-
the-floor analysis; indeed, the EPA has consistently explained that we
are not required to take malfunctions into account in setting standards
or to devise standards that apply specifically to malfunction-caused
emissions, such as PRD releases that cause HAP emissions only during
malfunctions.
    The final rule includes detection and pressure release management
requirements that can be used by facilities to mitigate emissions
during pressure release events from PRDs while allowing owners or
operators flexibility based on their current equipment and operations.
The final rule requires that sources monitor PRDs that release to the
atmosphere using a system that is capable of identifying and recording
the time and duration of each pressure release and of immediately
notifying operators that a release is occurring.
4. What is the rationale for our final approach for the PRD
requirements?
    In the proposal, we proposed to eliminate the SSM exemption from
the standards. As part of removing this exemption, we stated that under
the proposed revised rule releases to the atmosphere from PRDs would
constitute violations of the revised rule. However, although we
proposed revised regulatory text to add PRD monitoring requirements and
eliminate the SSM exemptions from the rules, we omitted a proposed
regulatory provision that would have given effect to the proposed
intended prohibition of such PRD releases to the atmosphere. In order
to give effect to the proposed prohibition, which we are finalizing in
this action, we are adding express regulatory language in the final
rule revisions that clarifies our intent that pressure releases from
PRDs in organic HAP service to the atmosphere are prohibited. This is a
necessary additional revision to give full effect to our elimination of
the general exemption for malfunctions, in light of the Court's
reasoning in Sierra Club, and is similar to revisions that we have made
in other rules in which the SSM exemption has been eliminated (see,
e.g., NESHAP for Polyvinyl Chloride and Copolymers Production (77 FR
22848, April 17, 2012); and NESHAP: Group IV Polymers and Resins,
Pesticide Active Ingredient Production, and Polyether Polyols
Production (79 FR 17340, March 27, 2014)). This prohibition does not,
however, apply to PRD releases of HAP that are captured and routed to a
control device, process, fuel gas system or drain system, since in
these situations there is no additional uncontrolled and unmeasured HAP
emission occurring beyond that which is already subject to control or
monitoring of the process unit. For additional discussion on our
rationale for this approach, see section III.E.1 of this preamble.

C. Open-Ended Valves and Lines

1. What did we propose for open-ended valves and lines?
    For all three source categories, we proposed to add a definition of
``seal,'' which clarified that, for the purpose of complying with the
requirements of 40 CFR 63.1033(b) of subpart UU, open-ended valves and
lines are ``sealed'' by the cap, blind flange, plug or second valve
when there are no detectable emissions from the open-ended valve or
line at or above an instrument reading of 500 ppm. See 79 FR 1715.
2. How did the definition of ``seal'' change?
    For the definition of ``seal'', we have added provisions that
clarify that the revised definition does not take effect until the
effective date of the final rule.
3. What key comments did we receive on the definition of ``seal'', and
what are our responses?
    The following is a summary of the significant comments received on
the proposed definition of ``seal'' and our responses to these
comments. The complete list of the comments received and our responses
to those comments can be found in the comment summary and response
document available in the docket for this action (EPA-HQ-OAR-2012-
0133).
    Comment: Several commenters believe the EPA must show that imposing
a new emissions limits for open-ended lines is justified according to
the criteria of CAA section 112(d)(6), including the technical
feasibility, potential emission reductions and cost effectiveness. One
commenter adds that the proposed open-ended lines change fails to
satisfy the obligation under CAA section 307(d)(3) to present a summary
of the legal basis, factual data and analysis methods on which the
proposal is based. Similarly, two other commenters state that the EPA
failed to provide new data or rationale showing that the definition of
``seal'' is needed for compliance assurance or to relieve regulatory
uncertainty, relying only on enforcement inspections referenced in the
2007 40 CFR part 60, subpart VV rulemaking in which monitoring open-
ended lines was determined not to be the best demonstrated technology.
Another commenter states that such a change must be supported by a CAA
authorization and a record that complies with the CAA, Administrative
Procedures Act (APA), Paperwork Reduction Act (PRA) and Regulatory
Flexibility Act (RFA) requirements.
    In contrast, another commenter states that the EPA's proposed
definition for a ``seal'' is actually a new loophole that would exempt
leaks from open-ended valves or lines below 500 ppm from the standards.
The commenter contends this definition is another type of exemption
similar to the SSM exemption the United States Court of Appeals for the
District of Columbia Circuit found unlawful, and the EPA should not
finalize the definition as proposed.
    Response: The EPA disagrees with the commenters that we are
imposing a new emissions limit for open-ended lines. As

stated in the preamble for the proposed rule, the definition of
``seal'' was intended to clarify an existing requirement that open-
ended lines be sealed with no detectable emissions (500 ppm above
background). This is consistent with how OECA has interpreted the term
``seal'' during their inspections and is not, as asserted by the
commenters, a new requirement. By creating a formal definition for
``seal,'' the EPA is removing any ambiguity regarding what constitutes
a ``sealed'' open-ended line.
    The EPA also disagrees with the commenter that adding a definition
of ``seal'' creates a new loophole for open-ended lines. As discussed
in the preamble to the proposed rule and elsewhere in this preamble,
this revision clarifies an existing requirement that open-ended lines
be sealed with no detectable emissions, which is defined to be 500 ppm.
    Comment: One commenter states that by claiming that the new
definition of ``seal'' is only a clarification of the current
requirements, this would make the interpretation applicable
retroactively. The commenter claims this would affect not only the
industries addressed in the current rulemaking, but all industries
subject to subpart UU and any similar open-ended lines equipment leak
requirements, including 40 CFR part 60, subparts VV, VVa, GGG, GGGa,
and 40 CFR part 63, subparts H and TT. This commenter and another
commenter state that such a change must be made in the individual
equipment leak rules and only apply prospectively.
    Response: The EPA disagrees that the definition of ``seal''
proposed in the AMF, APR and PC MACT standards would affect all
industries subject to subpart UU and other similar equipment leak
requirements. The proposed definition of ``seal'' was clear that it
only applied to facilities subject to the AMF, APR and PC MACT
standards who are complying with the LDAR provisions of subpart UU. It
is incorrect to assert that this would imply that any other rules
referencing subpart UU (or similar LDAR provisions) would also be
affected by this clarification. However, to address concerns from the
commenters on retroactive compliance, we have added in the final rules
that the clarification of the definition of ``seal'' does not apply
until the effective date of the final rules, and therefore will not
apply retroactively.
4. What is the rationale for our final approach for the definition of
``seal''?
    In the proposal, we proposed a definition of ``seal'' that
clarified what constituted a sealed open-ended line. However, we did
not include an effective date for this revised definition. In order to
address concerns about potential retroactive compliance issues, we have
added language to the final definition that clarifies that the
definition of ``seal'' does not take effect until the effective date of
the final rule.

VIII. Summary of Cost, Environmental and Economic Impacts

A. What are the affected sources?

    We anticipate that each facility in these three source categories
will be affected by these final amendments. We estimate there is one
existing facility subject to the AMF MACT standards, 19 existing
facilities subject to the APR MACT standards and four existing
facilities subject to the PC MACT standards. We do not know of any new
facilities that are expected to be constructed in the foreseeable
future in any of these source categories. Therefore, our impact
analysis is focused on the existing sources affected by the revised
MACT standards for these three source categories.

B. What are the air quality impacts?

1. AMF Source Category
    For equipment leaks, we are eliminating the option of complying
with 40 CFR part 63, subpart TT and requiring facilities to comply with
only 40 CFR part 63, subpart UU, except for connectors in gas and vapor
service and in light liquid service. We are retaining the option to
comply with subpart TT or subpart UU for these components. We estimate
the HAP emission reductions for the one facility in the AMF source
category to be 0.2 tpy.
    We are finalizing an emission rate for spinning lines that use spin
dope produced from a solution polymerization process equal to the MACT
floor for this facility, which will not result in any quantifiable
emission reductions.
    For the revisions to the MACT standards regarding SSM, including
monitoring of PRDs in organic HAP service, we expect that these changes
will result in fewer emissions during these periods or less frequent
periods of startup, shutdown or malfunction, but these possible
emission reductions are difficult to quantify and are not included in
our assessment of air quality impacts.
    Therefore, the total HAP emission reductions for the final
standards for the AMF source category are 0.2 tpy.
2. APR Source Category
    Four facilities in the APR source category have uncontrolled
continuous process vents. We are finalizing standards that establish an
emission limit of 0.95 kg organic HAP/Mg (1.9 lb organic HAP/ton) of
resin produced, which represents the MACT floor level of control. The
estimated HAP emission reductions for these four facilities are 135
tpy.
    We are establishing emission standards for storage vessels at
existing facilities. However, our data indicate that all storage
vessels subject to the final standards are already in compliance, and
no quantifiable emission reductions are expected.
    For the revisions to the MACT standards regarding SSM, including
monitoring of PRDs in organic HAP service, we expect that these changes
will result in fewer emissions during these periods or less frequent
periods of startup, shutdown or malfunction, but these possible
emission reductions are difficult to quantify and are not included in
our assessment of air quality impacts.
    Therefore, the total HAP emission reductions for the final
standards for the APR source category are 135 tpy.
3. PC Source Category
    For equipment leaks, we are eliminating the option of complying
with 40 CFR part 63, subpart TT and requiring facilities to comply with
only 40 CFR part 63, subpart UU, except for connectors in gas and vapor
service and in light liquid service. We are retaining the option to
comply with subpart TT or subpart UU for these components. We estimate
the HAP emission reductions for the four facilities in the PC source
category to be 2.1 tpy.
    For the revisions to the MACT standards regarding SSM, including
installation and operation of monitors on PRDs, we expect that these
changes will result in fewer emissions during these periods or less
frequent periods of startup, shutdown or malfunction, but these
possible emission reductions are difficult to quantify and are not
included in our assessment of air quality impacts.
    Therefore, the total HAP emission reductions for the final
standards for the PC source category are 2.1 tpy.

C. What are the cost impacts?

    Though the cost savings cannot be monetized, consistent with
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
issued on January 18, 2011, the electronic reporting requirements being
finalized

in this action for performance test reports are expected to reduce the
burden for the AMF, APR and PC facilities in the future by cutting back
on the recordkeeping costs and the costs that would be associated with
fewer or less-substantial data collection requests (due to performance
test information being readily available on the EPA's WebFIRE
database). Although the use of electric reporting may reduce the
recordkeeping and reporting burden for facilities in the future,
facilities will still incur annualized costs, on net, due to these
final amendments.
1. AMF Source Category
    For equipment leaks, we are eliminating the option of complying
with 40 CFR part 63, subpart TT and requiring facilities to comply with
only 40 CFR part 63, subpart UU, except for connectors in gas and vapor
service and in light liquid service. We are retaining the option to
comply with subpart TT or subpart UU for these components. We estimate
the capital costs for the one facility in the AMF source category to be
$1,400 and the annualized costs to be $220.
    We are finalizing an emission rate for spinning lines that use spin
dope produced from a solution polymerization process equal to the MACT
floor for this facility. Thus, we do not expect any quantifiable
capital or annual costs for the final standard.
    For the requirement to install and operate monitors on PRDs, we
estimate the capital costs to be $37,000 and the annualized costs to be
$5,300.
    Therefore, the total capital costs for the AMF source category are
approximately $38,000, and the total annualized costs are approximately
$6,000.
2. APR Source Category
    Four facilities in the APR source category have uncontrolled
continuous process vents. We are finalizing standards that establish an
emission limit of 0.95 kg organic HAP/Mg (1.9 lb organic HAP/ton) of
resin produced for continuous process vents. The estimated capital
costs for these four facilities are $3.6 million and the annualized
costs are $860,000.
    We are establishing emission standards for storage vessels at
existing facilities. However, our data indicate that all storage
vessels subject to the final standards are already in compliance, and
no capital or annual costs are expected.
    For the requirement to install and operate monitors on PRDs, we
estimate the capital costs to be $400,000 and the annualized costs to
be $60,000.
    Therefore, the total capital costs for the APR source category are
approximately $4.0 million, and the total annualized costs are
approximately $920,000.
3. PC Source Category
    For equipment leaks, we are eliminating the option of complying
with 40 CFR part 63, subpart TT and requiring facilities to comply with
only 40 CFR part 63, subpart UU, except for connectors in gas and vapor
service and in light liquid service. We are retaining the option to
comply with subpart TT or subpart UU for these components. We estimated
the capital costs to be $16,000 and the annualized costs to be $2,200.
    For the requirement to install and operate monitors on PRDs, we
estimate the capital costs to be $51,000 and the annualized costs to be
$7,200.
    Therefore, the total capital costs for the PC source category are
approximately $67,000, and the total annualized costs are approximately
$9,400.

D. What are the economic impacts?

    We estimate that there will be no more than a 0.5 percent price
change and a similar reduction in output associated with the final
amendments. This is based on the costs of the rules and responsiveness
of producers and consumers based on supply and demand elasticities for
the industries affected by this final rule. The impacts to affected
firms will be low because the annual compliance costs are quite small
when compared to the annual revenues for the affected parent firms
(much less than 1 percent for each). The impacts to affected consumers
should also be quite small. Thus, there will not be any significant
impacts on affected firms and their consumers as a result of this final
rule.

E. What are the benefits?

    Because this rulemaking is not likely to have an annual effect on
the economy of $100 million or more, we have not conducted a regulatory
impact analysis or a benefits analysis. However, the estimated
reductions in HAP emissions that will be achieved by this final rule
will provide benefits to public health. The final standards will result
in significant reductions in the actual and allowable emissions of HAP
and will reduce the actual and potential cancer risks and non-cancer
health effects due to emissions of HAP from these source categories.
Regarding SSM and PRDs, these changes will result in fewer emissions
during SSM periods and PRD releases or less frequent SSM periods or PRD
releases. However, the emission reductions, while tangible, are
difficult to quantify and are not included in our assessment of health
benefits. We have not quantified the monetary benefits associated with
these reductions.

F. What demographic groups might benefit from this regulation?

1. AMF Source Category
    To examine the potential for any environmental justice (EJ) issues
that might be associated with the AMF source category, we performed a
demographic analysis of the population close to the one AMF facility.
In this analysis, we evaluated the distribution of HAP-related cancer
and non-cancer risks from the AMF source category across different
social, demographic and economic groups within the populations living
near facilities identified as having the highest risks. The results of
the risk assessment for the AMF source category have not changed since
proposal, and we did not conduct a new demographics analysis. Therefore
the results of our original demographics analysis have not changed
since proposal. The full results of the demographic analysis are
summarized in the preamble to the proposed rule (79 FR 1699), and the
methodology and the results of the demographic analyses are included in
a technical report, Analysis of Socio-Economic Factors for Populations
Living Near Acrylic and Modacrylic Fiber Facilities, available in the
docket for this action.
2. APR Source Category
    To gain a better understanding of the source categories and near-
source populations, prior to proposal, the EPA conducted a proximity
analysis of the facilities in the APR source category to identify any
overrepresentation of minority, low income or indigenous populations.
As part of the risk modeling effort conducted after proposal to include
the additional APR facility, to examine the potential for any EJ issues
that might be associated with the APR source category, we performed a
demographic analysis of the population close to the 19 APR facilities.
In this analysis, we evaluated the distribution of HAP-related cancer
and non-cancer risks from the APR source category across different
social, demographic and economic groups within the populations living
near facilities identified as having the highest risks. The methodology
and the results of the demographic analyses are included in a technical
report, Analysis of Socio-Economic Factors for Populations Living Near
Polymers and Resins III Facilities, available in the

docket for this action. The results of the demographic analysis are
summarized in Table 4 below. These results, for various demographic
groups, are based on the estimated risks from actual emissions levels
for the population living within 50 km of the facilities.

                                 Table 4--APR Demographic Risk Analysis Results
----------------------------------------------------------------------------------------------------------------
                                                                                Population
                                                                                with cancer     Population
                                                                    Nationwide      risk at or     with chronic
                                                                                above 1-in-1    hazard index
                                                                                million         above 1
----------------------------------------------------------------------------------------------------------------
Total Population................................................     312,861,256          14,857               0
----------------------------------------------------------------------------------------------------------------
                                                 Race by Percent
----------------------------------------------------------------------------------------------------------------
White...........................................................             72%             23%              0%
All Other Races.................................................             28%             77%              0%
----------------------------------------------------------------------------------------------------------------
                                                 Race by Percent
----------------------------------------------------------------------------------------------------------------
White...........................................................             72%             23%              0%
African American................................................             13%             71%              0%
Native American.................................................            1.1%            1.7%              0%
Other and Multiracial...........................................             14%              4%              0%
----------------------------------------------------------------------------------------------------------------
                                              Ethnicity by Percent
----------------------------------------------------------------------------------------------------------------
Hispanic........................................................             17%              3%              0%
Non-Hispanic....................................................             83%             97%              0%
----------------------------------------------------------------------------------------------------------------
                                                Income by Percent
----------------------------------------------------------------------------------------------------------------
Below Poverty Level.............................................             14%             27%              0%
Above Poverty Level.............................................             86%             73%              0%
----------------------------------------------------------------------------------------------------------------
                                              Education by Percent
----------------------------------------------------------------------------------------------------------------
Over 25 and without High School Diploma.........................             15%             21%              0%
Over 25 and with a High School Diploma..........................             85%             79%              0%
----------------------------------------------------------------------------------------------------------------

    The results of the APR source category demographic analysis
indicate that emissions from the APR source category expose
approximately 15,000 people to a cancer risk at or above 1-in-1 million
and zero people to a chronic non-cancer TOSHI greater than 1. The
specific demographic results indicate that the percentage of the
population potentially impacted by APR emissions is significantly
greater than its corresponding national percentage for the minority
population (77 percent for the source category compared to 28 percent
nationwide) and for the African American population (71 percent for the
source category compared to 13 percent nationwide). Furthermore, the
population below the poverty level that is potentially impacted by APR
emissions is twice its corresponding national percentage (27 percent
for the source category compared to 14 percent nationwide). Other
demographic groups with source category percentages greater than the
corresponding national percentage include the population over 25
without a high school diploma (21 percent compared to 15 percent), the
Native American population (1.7 percent compared to 1.1 percent), and
the population younger than 18 years old (27 percent compared to 24
percent). All other demographic categories potentially impacted by APR
emissions are less than or equal to the corresponding national
percentage. However, as noted previously, risks from this source
category were found to be acceptable for all populations. Additionally,
the final changes to the APR MACT standards increase the level of
environmental protection for all affected populations by reducing
emissions from continuous process vents, reducing emissions during
periods of SSM and having less frequent releases of organic HAP to the
atmosphere from PRDs.
3. PC Source Category
    To determine whether or not to conduct a demographics analysis, we
look at a combination of factors including the MIR, non-cancer TOSHI,
population around the facilities in the source category, and other
relevant factors. For the PC source category, our analyses showed that
actual emissions from the PC source category result in no individuals
being exposed to cancer risk greater than 1-in-1 million or a noncancer
TOSHI greater than 1. Therefore, we did not conduct an assessment of
risks to individual demographic groups for this rulemaking. However, we
did conduct a proximity analysis, which identifies any
overrepresentation of minority, low income or indigenous populations
near facilities in the source category. The results of the risk
assessment for the PC source category have not changed since proposal
and we did not conduct a new proximity analysis. The results of this
analysis are presented in the section of this preamble entitled
``Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations.''

IX. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735,

October 4, 1993) and is therefore not subject to review under Executive
Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    The information collection requirements in the final rule have been
submitted for approval to OMB under the PRA, 44 U.S.C. 3501, et seq.
The information collection requirements are not enforceable until OMB
approves them. The information requirements in this rulemaking are
based on the notification, recordkeeping and reporting requirements in
the NESHAP General Provisions (40 CFR part 63, subpart A), which are
mandatory for all operators subject to national emission standards.
These recordkeeping and reporting requirements are specifically
authorized by CAA section 114 (42 U.S.C. 7414). All information
submitted to the EPA pursuant to the recordkeeping and reporting
requirements for which a claim of confidentiality is made is
safeguarded according to agency policies set forth in 40 CFR part 2,
subpart B.
    The OMB previously approved the information collection requirements
contained in the existing regulations being amended with this final
rule (i.e., 40 CFR part 63, subparts YY and OOO) under the provisions
of the PRA, 44 U.S.C. 3501, et seq. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. Burden is
defined at 5 CFR 1320.3(b).
1. Acrylic and Modacrylic Fibers Production
    The information collection request (ICR) document prepared by the
EPA for the amendments to the AMF MACT standards we are promulgating
today has been assigned EPA ICR number 1871.08. Burden changes
associated with these final amendments result from new recordkeeping
and reporting requirements associated with requirements for spinning
lines that use spin dope produced from a solution polymerization
process and the PRD monitoring requirements for all facilities subject
to the AMF MACT standards.
    We estimate one regulated facility is currently subject to the AMF
requirements in 40 CFR part 63, subpart YY. The annual monitoring,
reporting and recordkeeping burden for this collection (averaged over
the first 3 years after the effective date of the standards) for these
amendments to subpart YY is estimated to be 82 labor hours at a cost of
$4,500 per year. There is no estimated change in annual burden to the
federal government for these amendments.
2. Amino/Phenolic Resins Production
    The ICR document prepared by the EPA for the amendments to the APR
MACT standards we are promulgating today has been assigned EPA ICR
number 1869.09. Burden changes associated with these final amendments
result from new recordkeeping and reporting requirements associated
with the PRD monitoring requirements for all facilities subject to the
APR MACT standards. In addition, we estimate that 3 regulated
facilities will be subject to recordkeeping, reporting and monitoring
requirements associated with the new requirements that apply to
continuous process vents at existing APR facilities.
    We estimate 19 regulated facilities are currently subject to 40 CFR
part 63, subpart OOO. The annual monitoring, reporting and
recordkeeping burden for this collection (averaged over the first 3
years after the effective date of the standards) for these amendments
to subpart OOO is estimated to be 1,243 labor hours at a cost of
$69,500 per year. There is no estimated change in annual burden to the
federal government for these amendments.
3. Polycarbonate Production
    The ICR document prepared by the EPA for the amendments to the PC
MACT standards we are promulgating today has been assigned EPA ICR
number 1871.08. Burden changes associated with these final amendments
result from new recordkeeping and reporting requirements associated
with the PRD monitoring requirements for all facilities subject to the
MACT standards.
    We estimate four regulated facilities are currently subject to the
PC requirements in 40 CFR part 63, subpart YY. The annual monitoring,
reporting and recordkeeping burden for this collection (averaged over
the first 3 years after the effective date of the standards) for these
amendments to subpart YY is estimated to be 216 labor hours at a cost
of $12,000 per year. There is no estimated change in annual burden to
the federal government for these amendments.
    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 in 40 CFR are listed in 40 CFR part 9. When these ICR
are approved by OMB, the agency will publish a technical amendment to
40 CFR part 9 in the Federal Register to display the OMB control
numbers for the approved information collection requirements contained
in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the RFA or any other
statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations and small
governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise that is independently owned and operated
and is not dominant in its field. According to the SBA small business
standards definitions, for the APR source category, which has the NAICS
code of 325211 (i.e., Plastics Material and Resin Manufacturing), the
SBA small business size standard is 750 employees. For the PC source
category, which has the NAICS code of 325211 (i.e., Plastics Material
and Resin Manufacturing), the SBA small business size standard is 750
employees. For the AMF source category, which has the NAICS code of
325222 (i.e., Noncellulosic Organic Fiber Manufacturing), the SBA small
business size standard is 1,000 employees.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. There are no
affected small businesses in the APR, AMF and PC source categories. All
of the companies affected by this rule are generally large integrated
corporations that are not considered to be small entities per the
definitions provided in this section.
    Although this final rule will not have a significant economic
impact on a substantial number of small entities, the EPA nonetheless
has tried to reduce the impact of this rule on small entities that
could potentially be impacted by this rule in the future. The final
requirements for PRD monitoring provide facilities with greater
flexibility based on their current equipment and operations.

D. Unfunded Mandates Reform Act

    This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local or tribal
governments, in the aggregate, or the private sector in any one year.
The total annualized cost of this rule is estimated to be no more than
$1,050,000 in any one year. Thus, this rule is not subject to the
requirements of sections 202 or 205 of the Unfunded Mandates Reform Act
(UMRA).
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The rule contains
no requirements that apply to such governments nor does it impose
obligations upon them.

E. Executive Order 13132: Federalism

    This final rule does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the national government and the states or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. None of the affected facilities
are owned or operated by state governments, and the requirements
discussed in this document will not supersede state regulations that
are more stringent. Thus, Executive Order 13132 does not apply to this
action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
substantial direct effect on tribal governments, on the relationship
between the federal government and Indian tribes or on the distribution
of power and responsibilities between the federal government and Indian
tribes, as specified in Executive Order 13175. Thus, Executive Order
13175 does not apply to this action. Although Executive Order 13175
does not apply to this action, the EPA solicited comments on this
action from tribal officials, but received none.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because the EPA does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. This action increases the level of
environmental protection for all affected populations and would not
cause increases in emissions or emissions-related health risks. The
EPA's risk assessments (included in the docket for this final rule)
demonstrate that the existing regulations are associated with an
acceptable level of risk and provide an ample margin of safety to
protect public health and prevent adverse environmental effects.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs the EPA to provide Congress, through OMB, explanations when the
agency decides not to use available and applicable VCS.
    This action does not involve new technical standards. Therefore,
the EPA did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority, low income or indigenous populations because it
increases the level of environmental protection for all affected
populations without having any disproportionately high and adverse
human health or environmental effects on any population, including any
minority, low income or indigenous populations. The EPA has determined
that the current health risks posed by emissions from these source
categories are acceptable and provide an ample margin of safety to
protect public health and prevent adverse environmental effects.
    To gain a better understanding of the source categories and near
source populations, the EPA conducted a proximity analysis of the
facilities in the AMF, APR and PC source categories to identify any
overrepresentation of minority, low income or indigenous populations.
This analysis only gives some indication of the prevalence of sub-
populations that may be exposed to air pollution from the sources; it
does not identify the demographic characteristics of the most highly
affected individuals or communities, nor does it quantify the level of
risk faced by those individuals or communities. The complete proximity
analysis results and the details concerning their development are
presented in the memorandum titled, Environmental Justice Review:
Amino/Phenolic Resins, Acrylic and Modacrylic Fibers Production, and
Polycarbonate Production, available in the docket for this action. For
the AMF and APR source categories, we also performed demographic
analyses of the populations close to AMF and APR facilities. In these
analyses, we evaluated the distribution of HAP-related cancer and non-
cancer risks from the AMF and APR source categories across different
social, demographic and economic groups within the populations living
near facilities identified as having the highest risks. The complete
demographic analyses results and the details concerning their
development are presented in the technical reports titled, Analysis of
Socio-Economic Factors for Populations Living Near Acrylic and
Modacrylic Fiber Facilities and Analysis of Socio-Economic Factors for
Populations Living Near Polymers and Resins III Facilities, available
in the docket for this action.

K. Congressional Review Act

    The Congressional Review Act, U.S.C. 801, et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides

that, before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. The EPA will submit a report containing this final rule and
other required information to the United States Senate, the United
States House of Representatives and the Comptroller General of the
United States prior to publication of the final rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2). The final rule will be effective on
October 8, 2014.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: September 16, 2014.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental
Protection Agency (EPA) is amending Title 40, chapter I, of the Code of
Federal Regulations (CFR) as follows:

PART 63-NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart YY--National Emission Standards for Hazardous Air
Pollutants for Source Categories: Generic Maximum Achievable
Control Technology Standards

0
2. Section 63.1100 is amended by revising the last sentence of
paragraph (d) introductory text to read as follows:

Sec.  63.1100  Applicability.

* * * * *
    (d) * * * Paragraphs (d)(3), (4), and (5) of this section discuss
compliance for those process units operated as flexible operation
units.
* * * * *

0
3. Section 63.1101 is amended by adding in alphabetical order the terms
``Pressure release'' and ``Pressure relief device or valve'' to read as
follows:

Sec.  63.1101  Definitions.

* * * * *
    Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device. This release can be one release or a series of releases
over a short time period.
    Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable
working pressure of the process equipment. A common pressure relief
device is a spring-loaded pressure relief valve. Devices that are
actuated either by a pressure of less than or equal to 2.5 pounds per
square inch gauge or by a vacuum are not pressure relief devices.
* * * * *

0
4. Section 63.1102 is amended by revising the first sentence of
paragraph (a) introductory text and adding paragraph (b) to read as
follows:

Sec.  63.1102  Compliance schedule.

    (a) * * * Affected sources, as defined in Sec.  63.1103(a)(1)(i)
for acetyl resins production, Sec.  63.1103(b)(1)(i) for acrylic and
modacrylic fiber production, Sec.  63.1103(c)(1)(i) for hydrogen
fluoride production, Sec.  63.1103(d)(1)(i) for polycarbonate
production, Sec.  63.1103(e)(1)(i) for ethylene production, Sec.
63.1103(f)(1)(i) for carbon black production, Sec.  63.1103(g)(1)(i)
for cyanide chemicals manufacturing, or Sec.  63.1103(h)(1)(i) for
spandex production shall comply with the appropriate provisions of this
subpart and the subparts referenced by this subpart according to the
schedule in paragraphs (a)(1) or (2) of this section, as appropriate,
except as provided in paragraph (b) of this section. * * *
* * * * *
    (b) All acrylic and modacrylic fiber production affected sources
and polycarbonate production affected sources that commenced
construction or reconstruction on or before January 9, 2014, shall be
in compliance with the pressure relief device monitoring requirements
of Sec.  63.1107(e)(3) upon initial startup or October 9, 2017,
whichever is later, and the equipment leaks requirements of 40 CFR part
63, subpart UU upon initial startup or October 8, 2015, whichever is
later. New acrylic and modacrylic fiber production affected sources and
polycarbonate production affected sources that commence construction or
reconstruction after January 9, 2014, shall be in compliance with the
pressure relief device monitoring requirements of Sec.  63.1107(e)(3)
upon initial startup or by October 8, 2014, whichever is later.
* * * * *

0
5. Section 63.1103 is amended by:
0
a. Revising paragraph (b)(1)(ii);
0
b. In paragraph (b)(2), adding in alphabetical order the terms ``In
organic hazardous air pollutant or in organic HAP service'' and
``Seal'';
0
c. In paragraph (b)(3)(i), in Table 2, revising entries 1, 2, 3, 4, 5,
6, and 7 and adding entry 11;
0
d. Revising the second sentence of paragraph (b)(3)(ii);
0
e. In paragraph (b)(3)(ii), revising Table 3;
0
f. Revising paragraph (b)(5);
0
g. Revising paragraph (d)(1)(ii);
0
h. In paragraph (d)(2), adding in alphabetical order the terms ``In
organic hazardous air pollutant or in organic HAP service'' and
``Seal''; and
0
i. In paragraph (d)(3), in Table 5, revising entries 4, 5, 6, 7, 8, and
9, and adding entries 10 and 11, and in Table 6, revising entries 4 and
5 and adding entries 6 and 7.
    The revisions and additions read as follows:

Sec.  63.1103  Source category-specific applicability, definitions, and
requirements.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Compliance schedule. The compliance schedule, for affected
sources as defined in paragraph (b)(1)(i) of this section, is specified
in Sec.  63.1102.
    (2) Definitions.
* * * * *
    In organic hazardous air pollutant or in organic HAP service means,
for acrylic and modacrylic fiber production affected sources, that a
piece of equipment either contains or contracts a fluid (liquid or gas)
that is at least 10 percent by weight of total organic HAP as
determined according to the provisions of Sec.  63.180(d). The
provisions of Sec.  63.180(d) also specify how to determine that a
piece of equipment is not in organic HAP service.
* * * * *
    Seal means, for acrylic and modacrylic fiber production affected
sources complying with the requirements of Sec.  63.1033(b) or Sec.
63.167(a) on or after October 8, 2014, that instrument monitoring of
the open-ended valve or line conducted according to the method
specified in Sec.  63.1023(b) and, as applicable, Sec.  63.1023(c), or
Sec.  63.180(b) and, as applicable, Sec.  63.180(c), indicates no
readings of 500 parts per million or greater.
* * * * *
    (3) * * *
    (i) * * *

Table 2 to Sec.   63.1103(b)(3)(i)--What Are My Requirements if I Own or
   Operate an Acrylic and Modacrylic Fiber Production Existing or New
    Affected Source and Am Complying With Paragraph (b)(3)(i) of This
                                Section?
------------------------------------------------------------------------
  If you own or operate . . .      And if . . .     Then you must . . .
------------------------------------------------------------------------
1. A storage vessel...........  The stored         a. Reduce emissions
                                 material           of organic HAP by 98
                                 contains organic   weight-percent by
                                 HAP.               venting emissions
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    control device
                                                    meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, as specified
                                                    in Sec.
                                                    63.982(a)(1)
                                                    (storage vessel
                                                    requirements), or 95
                                                    weight-percent or
                                                    greater by venting
                                                    through a closed
                                                    vent system to a
                                                    recovery device
                                                    meeting the
                                                    requirements of
                                                    subpart SS, Sec.
                                                    63.993 (recovery
                                                    device
                                                    requirements); or
                                                   b. Comply with the
                                                    requirements of
                                                    subpart WW of this
                                                    part.
2. A process vent from          The vent steam     a. Reduce emissions
 continuous unit operations      has a mass         of organic HAP or
 (halogenated).                  emission rate of   TOC as specified for
                                 halogen atoms      nonhalogenated
                                 contained in       process vents from
                                 organic            continuous unit
                                 compounds >=0.45   operations (other
                                 kilograms per      than by using a
                                 hour,\a\ and an    flare) by venting
                                 organic HAP        emissions through a
                                 concentration      closed vent system
                                 >=50 parts per     to a halogen
                                 million by         reduction device
                                 volume \b\ and     meeting the
                                 an average flow    requirements of
                                 rate >=0.005       subpart SS of this
                                 cubic meters per   part, Sec.   63.994
                                 minute.            (halogen reduction
                                                    devices
                                                    requirements) that
                                                    reduces hydrogen
                                                    halides and halogens
                                                    by 99 weight-percent
                                                    or to less than 0.45
                                                    kilograms per year,
                                                    whichever is less
                                                    stringent; or
                                                   b. Reduce the process
                                                    vent halogen atom
                                                    mass emission rate
                                                    to less than 0.45
                                                    kilograms per hour
                                                    by venting emissions
                                                    through a closed
                                                    vent system to a
                                                    halogen reduction
                                                    device meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, Sec.   63.994
                                                    (halogen reduction
                                                    devices
                                                    requirements) and
                                                    then complying with
                                                    the requirements
                                                    specified for
                                                    process vents from
                                                    continuous unit
                                                    operations
                                                    (nonhalogenated).
3. A process vent from          The vent steam     a. Reduce emissions
 continuous unit operations      has a mass         of organic HAP by
 (nonhalogenated).               emission rate of   using a flare
                                 halogen atoms      meeting the
                                 contained in       requirements of
                                 organic            subpart SS of this
                                 compounds <0.45    part, Sec.   63.987
                                 kilograms per      (flare
                                 hour,\a\ and an    requirements); or
                                 organic HAP       b. Reduce emissions
                                 concentration      of organic HAP by 98
                                 >=50 parts per     weight-percent, or
                                 million by         reduce TOC to a
                                 volume \b\ and     concentration of 20
                                 an average flow    parts per million by
                                 rate >=0.005       volume, whichever is
                                 cubic meters per   less stringent, by
                                 minute.            venting emissions
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    control devices
                                                    meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, as specified
                                                    in Sec.
                                                    63.982(a)(2)
                                                    (process vent
                                                    requirements).
4. A fiber spinning line that   The lines use a    a. Reduce organic HAP
 is a new or reconstructed       spin dope          emissions by 85
 source.                         produced from      weight-percent or
                                 either a           more. (For example,
                                 suspension         you may enclose the
                                 polymerization     spinning and washing
                                 process or         areas of the
                                 solution           spinning line (as
                                 polymerization     specified in
                                 process.           paragraph (b)(4) of
                                                    this section) and
                                                    vent through a
                                                    closed vent system
                                                    and use any
                                                    combination of
                                                    control devices
                                                    meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, as specified
                                                    in Sec.
                                                    63.982(a).); or
                                                   b. Reduce organic HAP
                                                    emissions from the
                                                    spinning line to
                                                    less than or equal
                                                    to 0.25 kilograms of
                                                    organic HAP per
                                                    megagram (0.5 pounds
                                                    of organic HAP per
                                                    ton) of acrylic and
                                                    modacrylic fiber
                                                    produced; or
                                                   c. Reduce the organic
                                                    HAP concentration of
                                                    the spin dope to
                                                    less than 100 ppmw.
5. A fiber spinning line that   The spinning line  Reduce organic HAP
 is an existing source.          uses a spin dope   emissions from the
                                 produced from a    spinning line to
                                 solution           less than or equal
                                 polymerization     to 20 kilograms of
                                 process.           organic HAP per
                                                    megagram (40 pounds
                                                    of organic HAP per
                                                    ton) of acrylic and
                                                    modacrylic fiber
                                                    produced.
6. A fiber spinning line that   The spinning line  a. Reduce the organic
 is an existing source.          uses a spin dope   HAP concentration of
                                 produced from a    the spin dope to
                                 suspension         less than 100 ppmw;
                                 polymerization     \b\ or
                                 process.          b. Reduce organic HAP
                                                    emissions from the
                                                    spinning line to
                                                    less than or equal
                                                    to 0.25 kilograms of
                                                    organic HAP per
                                                    megagram of acrylic
                                                    and modacrylic fiber
                                                    produced.
7. Equipment as defined under   It contains or     a. Comply with either
 Sec.   63.1101 (with the        contacts >=10      Sec.   63.1008 or
 differences for pressure        weight-percent     Sec.   63.1027 for
 relief devices described in     organic HAP,\c\    connectors in gas
 item 11 below).                 and operates       and vapor service
                                 >=300 hours per    and in light liquid
                                 year.              service, and comply
                                                    with the
                                                    requirements of
                                                    subpart UU of this
                                                    part, except Sec.
                                                    63.1030, for all
                                                    other applicable
                                                    equipment; or
                                                   b. Comply with the
                                                    requirements in
                                                    subpart H of this
                                                    part, except Sec.
                                                    63.165, as provided
                                                    by the regulatory
                                                    overlap provisions
                                                    in Sec.
                                                    63.1100(g)(4)(ii).

                              * * * * * * *
11. Pressure relief devices...  The pressure       Comply with Sec.
                                 relief device is   63.1107(e).
                                 in organic HAP
                                 service.
------------------------------------------------------------------------

* * * * *
    (ii) * * * The owner or operator must determine the facility
organic HAP emission rate using the procedures specified in paragraph
(b)(5) of this section. * * *

 Table 3 to Sec.   63.1103(b)(3)(ii)--What Are My Requirements If I Own
  or Operate an Acrylic and Modacrylic Fiber Production Existing or New
   Affected Source and Am Complying With Paragraph (b)(3)(ii) of This
                                Section?
------------------------------------------------------------------------
                                Then you must control total organic HAP
 If you own or operate . . .   emissions from the affected source by . .
                                                   .
------------------------------------------------------------------------
1. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total organic HAP emissions
 source and your facility is    from all affected storage vessels,
 an existing source.            process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragraph (b)(2) of
                                this section, and fiber spinning lines
                                operated in your acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 0.5 kilograms (kg) of
                                organic HAP per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility organic HAP
                                emission rate in accordance with the
                                requirements specified in paragraph
                                (b)(5) of this section.
2. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total organic HAP emissions
 source and your facility is    from all affected storage vessels,
 a new source.                  process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragraph (b)(2) of
                                this section, and fiber spinning lines
                                operated in your acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 0.25 kilograms (kg) of
                                organic HAP per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility organic HAP
                                emission rate in accordance with the
                                requirements specified in paragraph
                                (b)(5) of this section.
3. Equipment as defined under  a. Comply with either Sec.   63.1008 or
 Sec.   63.1101 and it          Sec.   63.1027 for connectors in gas and
 contains or contacts > 10      vapor service and in light liquid
 weight-percent organic         service, and comply with subpart UU of
 HAP,\a\ and operates > 300     this part, except Sec.   63.1030, for
 hours per year (with the       all other applicable equipment; or
 differences for pressure      b. Comply with the requirements in
 relief devices described in    subpart H of this part, except Sec.
 item 4 below).                 63.165, as provided by the regulatory
                                overlap provisions in Sec.
                                63.1100(g)(4)(ii).
4. A pressure relief device    Complying with Sec.   63.1107(e).
 in organic HAP service.
------------------------------------------------------------------------

* * * * *
    (5) Facility organic HAP emission rate determination. For an owner
or operator electing to comply with paragraph (b)(3)(ii) of this
section, the facility organic HAP emission rate must be determined
using the requirements specified in paragraphs (b)(5)(i) through (iii)
of this section.
    (i) The owner or operator must prepare an initial determination of
the facility organic HAP emission rate.
    (ii) Whenever changes to the acrylic or modacrylic fiber production
operations at the facility could potentially cause the facility organic
HAP emission rate to exceed the applicable limit of kilogram of organic
HAP per Megagram of fiber produced, the owner or operator must prepare
a new determination of the facility organic HAP emission rate.
    (iii) For each determination, the owner or operator must prepare
and maintain at the facility site sufficient process data, emissions
data, and any other documentation necessary to support the facility
organic HAP emission rate calculation.
* * * * *
    (d) * * *
    (1) * * *
    (ii) Compliance schedule. The compliance schedule, for affected
sources as defined in paragraph (d)(1)(i) of this section, is specified
in Sec.  63.1102.
    (2) Definitions.
    In organic hazardous air pollutant or in organic HAP service means,
for polycarbonate production affected sources, that a piece of
equipment either contains or contracts a fluid (liquid or gas) that is
at least 5 percent by weight of total organic HAP as determined
according to the provisions of Sec.  63.180(d). The provisions of Sec.
63.180(d) also specify how to determine that a piece of equipment is
not in organic HAP service.
* * * * *
    Seal means, for polycarbonate production affected sources complying
with the requirements of Sec.  63.1033(b) or Sec.  63.167(a) or after
October 8, 2014, that instrument monitoring of the open-ended valve or
line conducted according to the method specified in Sec.  63.1023(b)
and, as applicable, Sec.  63.1023(c), or Sec.  63.180(b) and, as
applicable, Sec.  63.180(c), indicates no readings of 500 parts per
million or greater.
    (3) * * *

   Table 5 to Sec.   63.1103(d)--What Are My Requirements If I Own or
      Operate a Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
  If you own or operate . . .      And if . . .     Then you must . . .
------------------------------------------------------------------------

                              * * * * * * *
4. A process vent from          The vent stream    a. Reduce emissions
 continuous unit operations or   has a TRE \b\      of total organic HAP
 a combined vent stream \a\      \c\ <= 2.7.        by 98 weight-
 (halogenated).                                     percent, or reduce
                                                    total organic HAP to
                                                    a concentration of
                                                    20 parts per million
                                                    by volume, whichever
                                                    is less stringent,
                                                    by venting emissions
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    control devices
                                                    meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, as specified
                                                    in Sec.
                                                    63.982(c)(2) and
                                                    (e); and then vent
                                                    emissions from those
                                                    control device(s)
                                                    through a closed
                                                    vent system to a
                                                    halogen reduction
                                                    device meeting the
                                                    requirements of
                                                    subpart SS, Sec.
                                                    63.994, that reduces
                                                    hydrogen halides and
                                                    halogens by 99
                                                    weight-percent or to
                                                    less than 0.45
                                                    kilograms per
                                                    hour,\d\ whichever
                                                    is less stringent;
                                                    or

                                                   b. Reduce the process
                                                    vent halogen atom
                                                    mass emission rate
                                                    to less than 0.45
                                                    kilograms per hour
                                                    by venting emissions
                                                    through a closed
                                                    vent system to a
                                                    halogen reduction
                                                    device meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, Sec.   63.994;
                                                    and then vent
                                                    emissions from those
                                                    control device(s)
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    control devices
                                                    meeting the
                                                    requirements of
                                                    subpart SS, as
                                                    specified in Sec.
                                                    63.982(c)(2) and
                                                    (e), that reduces
                                                    emissions of total
                                                    organic HAP by 98
                                                    weight-percent, or
                                                    reduce total organic
                                                    HAP or TOC to a
                                                    concentration of 20
                                                    parts per million by
                                                    volume, whichever is
                                                    less stringent; or
                                                   c. Achieve and
                                                    maintain a TRE index
                                                    value greater than
                                                    2.7.
5. A process vent from          The vent stream    a. Reduce emissions
 continuous unit operations or   has a TRE \b\      of total organic HAP
 a combined vent stream \a\      \c\ <= 2.7.        by 98 weight-
 (nonhalogenated).                                  percent; or reduce
                                                    total organic HAP to
                                                    a concentration of
                                                    20 parts per million
                                                    by volume; whichever
                                                    is less stringent,
                                                    by venting emissions
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    control devices
                                                    meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, as specified
                                                    in Sec.
                                                    63.982(a)(2)
                                                    (process vent
                                                    requirements); or
                                                   b. Achieve and
                                                    maintain a TRE index
                                                    value greater than
                                                    2.7.
6. A process vent from          2.7 < TRE \b\ \c\  Monitor and keep
 continuous unit operations or   <= 4.0.            records of equipment
 a combined vent stream \a\.                        operating parameters
                                                    specified to be
                                                    monitored under
                                                    subpart SS of this
                                                    part, Sec.  Sec.
                                                    63.982(e) and
                                                    63.993(c)
                                                    (absorbers,
                                                    condensers, carbon
                                                    adsorbers and other
                                                    recovery devices
                                                    used as final
                                                    recovery devices).
7. Equipment as defined under   The equipment      a. Comply with either
 Sec.   63.1101 (with the        contains or        Sec.   63.1008 or
 differences for pressure        contacts >=5       Sec.   63.1027 for
 relief devices described in     weight-percent     connectors in gas
 item 11 below).                 total organic      and vapor service
                                 HAP,\e\ and        and in light liquid
                                 operates >=300     service, and comply
                                 hours per year.    with the
                                                    requirements of
                                                    subpart UU of this
                                                    part, except Sec.
                                                    63.1030, for all
                                                    other applicable
                                                    equipment; or
                                                   b. Comply with the
                                                    requirements in
                                                    subpart H of this
                                                    part, except Sec.
                                                    63.165, as provided
                                                    by the regulatory
                                                    overlap provisions
                                                    in Sec.
                                                    63.1100(g)(4)(ii).
8. A polycarbonate production   The process        Comply with the
 process unit that generates     wastewater         requirements of Sec.
 process wastewater.             stream is a          63.1106(a).
                                 Group 1 or a
                                 Group 2
                                 wastewater
                                 stream.
9. A polycarbonate production   The maintenance    Comply with the
 process unit that generates     wastewater         requirements of Sec.
 maintenance wastewater.         contains organic     63.1106(b).
                                 HAP.
10. An item of equipment        The item of        Comply with the
 listed in Sec.                  equipment meets    requirements in
 63.1106(c)(1).                  the criteria       Table 35 of subpart
                                 specified in       G of this part.
                                 Sec.
                                 63.1106(c)(1)
                                 through (3) and
                                 either (c)(4)(i)
                                 or (ii).
11. Pressure relief devices...  The pressure       Comply with Sec.
                                 relief device is   63.1107(e).
                                 in organic HAP
                                 service.
------------------------------------------------------------------------

* * * * *

   Table 6 to Sec.   63.1103(d)--What Are My Requirements If I Own or
         Operate a Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
  If you own or operate . . .      And if . . .     Then you must . . .
------------------------------------------------------------------------

                              * * * * * * *
4. A process vent from          The vent stream    a. Reduce emissions
 continuous unit operations or   has a TRE \b\      of total organic HAP
 a combined vent stream \a\      \c\ <=9.6.         by 98 weight-
 (halogenated).                                     percent, or reduce
                                                    total organic HAP to
                                                    a concentration of
                                                    20 parts per million
                                                    by volume, whichever
                                                    is less stringent,
                                                    by venting emissions
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    control devices
                                                    meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, as specified
                                                    in Sec.
                                                    63.982(c)(2) and
                                                    (e); and then vent
                                                    emissions from those
                                                    control device(s)
                                                    through a closed
                                                    vent system to a
                                                    halogen reduction
                                                    device meeting the
                                                    requirements of
                                                    subpart SS, Sec.
                                                    63.994, that reduces
                                                    hydrogen halides and
                                                    halogens by 99
                                                    weight-percent or to
                                                    less than 0.45
                                                    kilograms per
                                                    hour,\d\ whichever
                                                    is less stringent;
                                                    or

                                                   b. Reduce the process
                                                    vent halogen atom
                                                    mass emission rate
                                                    to less than 0.45
                                                    kilograms per hour
                                                    by venting emissions
                                                    through a closed
                                                    vent system to a
                                                    halogen reduction
                                                    device meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, Sec.   63.994;
                                                    and then vent
                                                    emissions from those
                                                    control device(s)
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    control devices
                                                    meeting the
                                                    requirements of
                                                    subpart SS, as
                                                    specified in Sec.
                                                    63.982(c)(2) and
                                                    (e), that reduces
                                                    emissions of total
                                                    organic HAP by 98
                                                    weight-percent, or
                                                    reduce total organic
                                                    HAP or TOC to a
                                                    concentration of 20
                                                    parts per million by
                                                    volume, whichever is
                                                    less stringent; or
                                                   c. Achieve and
                                                    maintain a TRE index
                                                    value greater than
                                                    9.6.
5. A process vent from          The vent stream    a. Reduce emissions
 continuous unit operations or   has a TRE \b\      of total organic HAP
 a combined vent stream \a\      \c\ <= 9.6.        by 98 weight-
 (nonhalogenated).                                  percent; or reduce
                                                    total organic HAP to
                                                    a concentration of
                                                    20 parts per million
                                                    by volume; whichever
                                                    is less stringent,
                                                    by venting emissions
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    control devices
                                                    meeting the
                                                    requirements of
                                                    subpart SS of this
                                                    part, as specified
                                                    in Sec.
                                                    63.982(a)(2)
                                                    (process vent
                                                    requirements); or
                                                   b. Achieve and
                                                    maintain a TRE index
                                                    value greater than
                                                    9.6.
6. Equipment as defined under   The equipment      a. Comply with either
 Sec.   63.1101 (with the        contains or        Sec.   63.1008 or
 differences for pressure        contacts >=5       Sec.   63.1027 for
 relief devices described in     weight-percent     connectors in gas
 item 6 below).                  total organic      and vapor service
                                 HAP \e\, and       and in light liquid
                                 operates >=300     service, and comply
                                 hours per year.    with the
                                                    requirements of
                                                    subpart UU of this
                                                    part, except Sec.
                                                    63.1030, for all
                                                    other applicable
                                                    equipment; or
                                                   b. Comply with the
                                                    requirements in
                                                    subpart H of this
                                                    part, except Sec.
                                                    63.165, as provided
                                                    by the regulatory
                                                    overlap provisions
                                                    in Sec.
                                                    63.1100(g)(4)(ii).
7. Pressure relief devices....  The pressure       Comply with Sec.
                                 relief device is   63.1107(e).
                                 in organic HAP
                                 service.
------------------------------------------------------------------------

* * * * *

0
6. Section 63.1104 is amended by revising paragraph (c) to read as
follows:

Sec.  63.1104  Process vents from continuous unit operations:
applicability assessment procedures and methods.

* * * * *
    (c) Applicability assessment requirement. The TOC or organic HAP
concentrations, process vent volumetric flow rates, process vent
heating values, process vent TOC or organic HAP emission rates,
halogenated process vent determinations, process vent TRE index values,
and engineering assessments for process vent control applicability
assessment requirements are to be determined during maximum
representative operating conditions for the process, except as provided
in paragraph (d) of this section, or unless the Administrator specifies
or approves alternate operating conditions. For acrylic and modacrylic
fiber production affected sources and polycarbonate production affected
sources, operations during periods of malfunction shall not constitute
representative conditions for the purpose of an applicability test. For
all other affected sources, operations during periods of startup,
shutdown, and malfunction shall not constitute representative
conditions for the purpose of an applicability test.
* * * * *

0
7. Section 63.1106 is amended by revising paragraphs (a)(11) and (12),
the first sentence of (a)(13) introductory text, and (c)(6) to read as
follows:

Sec.  63.1106  Wastewater provisions.

* * * * *
    (a) * * *
    (11) Where Sec.  63.152(b) and/or the Notification of Compliance
Status is referred to in Sec. Sec.  63.132 through 63.148, the
Notification of Compliance Status requirements contained in Sec.
63.1110(a)(4) shall apply, for purposes of this subpart.
    (12) Where Sec.  63.152(c) and/or the Periodic Report requirements
are referred to Sec. Sec.  63.132 through 63.148, the Periodic Report
requirements contained in Sec.  63.1110(a)(5) shall apply, for purposes
of this subpart.
    (13) When Method 18 of Appendix A to part 60 of this chapter is
specified in Sec.  63.139(c)(1)(ii), Sec.  63.145(d)(4), or Sec.
63.145(i)(2), either Method 18 or Method 25A may be used. * * *
* * * * *
    (c) * * *
    (6) When Table 35 of subpart G of this part refers to 40 CFR
63.119(e)(1) or (e)(2) in the requirements for tanks, the owner or
operator shall reduce emissions of total organic HAP by 95 weight-
percent by venting emissions through a closed vent system to any
combination of control devices meeting the requirements in Sec.
63.982(a)(1), for the purposes of this subpart.
* * * * *

0
8. Section 63.1107 is amended by revising the section heading and
adding paragraphs (e), (f), and (g) to read as follows:

Sec.  63.1107  Equipment leaks.

* * * * *
    (e) Requirements for pressure relief devices. For acrylic and
modacrylic fiber production affected sources and polycarbonate
production affected sources, except as specified in paragraph (e)(4) of
this section, the owner or operator must comply with the requirements
specified in paragraphs (e)(1) and (2) of this section for pressure
relief devices in organic HAP gas or vapor service. Except as specified
in paragraph (e)(4) of this section, the owner or operator of an
acrylic and modacrylic fiber production affected source or
polycarbonate production affected source must also comply with the
requirements specified in paragraph (e)(3) of this section for all
pressure relief devices in organic HAP service.
    (1) Operating requirements. Except during a pressure release event,
operate each pressure relief device in organic HAP gas or vapor service
with an instrument reading of less than 500 ppm above background as
described in Method 21 of 40 CFR part 60, Appendix A.

    (2) Pressure release requirements. For pressure relief devices in
organic HAP gas or vapor service, the owner or operator must comply
with either paragraph (e)(2)(i) or (ii) of this section following a
pressure release, as applicable.
    (i) If the pressure relief device does not consist of or include a
rupture disk, conduct instrument monitoring, as described in Method 21
of 40 CFR part 60, Appendix A, no later than 5 calendar days after the
pressure relief device returns to organic HAP service following a
pressure release to verify that the pressure relief device is operating
with an instrument reading of less than 500 ppm above background,
except as provided in Sec.  63.171 or Sec.  63.1024(d), as applicable.
    (ii) If the pressure relief device consists of or includes a
rupture disk, install a replacement disk as soon as practicable after a
pressure release, but no later than 5 calendar days after the pressure
release, except as provided in Sec.  63.171 or Sec.  63.1024(d), as
applicable.
    (3) Pressure release management. Except as specified in paragraph
(e)(4) of this section, emissions of organic HAP to the atmosphere from
pressure relief devices in organic HAP service are prohibited, and the
owner or operator must comply with the requirements specified in
paragraphs (e)(3)(i) and (ii) of this section for all pressure relief
devices in organic HAP service.
    (i) The owner or operator must equip each pressure relief device in
organic HAP service with a device(s) or parameter monitoring system
that is capable of:
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is
occurring. The device or monitoring system may be either specific to
the pressure relief device itself or may be associated with the process
system or piping, sufficient to indicate a pressure release to the
atmosphere. Examples of these types of devices and systems include, but
are not limited to, a rupture disk indicator, magnetic sensor, motion
detector on the pressure relief valve stem, flow monitor, or pressure
monitor.
    (ii) If any pressure relief device in organic HAP service releases
to atmosphere as a result of a pressure release event, the owner or
operator must calculate the quantity of organic HAP released during
each pressure release event and report this quantity as required in
paragraph (g) of this section. Calculations may be based on data from
the pressure relief device monitoring alone or in combination with
process parameter monitoring data and process knowledge.
    (4) Pressure relief devices routed to a control device, process,
fuel gas system, or drain system. If a pressure relief device in
organic HAP service is designed and operated to route all HAP emissions
from pressure releases through a closed vent system to a control device
or to a process, fuel gas system, or drain system, the owner or
operator is not required to comply with paragraphs (e)(1), (2), or (3)
(if applicable) of this section for that pressure relief device. The
fuel gas system or closed vent system and control device (if
applicable) must meet the requirements of Sec.  63.172 or Sec.
63.1034, as applicable (except that the term ``pressure relief
devices'' shall apply instead of the term ``equipment leaks'' in Sec.
63.1034). The drain system (if applicable) must meet the requirements
of Sec.  63.136.
    (f) Recordkeeping requirements. For acrylic and modacrylic fiber
production affected sources and polycarbonate production affected
sources, for pressure relief devices in organic HAP service, keep
records of the information specified in paragraphs (f)(1) through (5)
of this section, as applicable.
    (1) A list of identification numbers for pressure relief devices
that vent to a fuel gas system, process, drain system, or closed-vent
system and control device, under the provisions in paragraph (e)(4) of
this section.
    (2) A list of identification numbers for pressure relief devices
subject to the provisions in paragraph (e)(1) of this section.
    (3) A list of identification numbers for pressure relief devices
equipped with rupture disks, under the provisions in paragraph
(e)(2)(ii) of this section.
    (4) The dates and results of the monitoring following a pressure
release for each pressure relief device subject to the provisions in
paragraphs (e)(1) and (2) of this section. The results shall include:
    (i) The background level measured during each compliance test.
    (ii) The maximum instrument reading measured at each piece of
equipment during each compliance test.
    (5) For pressure relief devices in organic HAP service subject to
paragraph (e)(3) of this section, keep records of each pressure release
to the atmosphere, including the following information:
    (i) The source, nature, and cause of the pressure release.
    (ii) The date, time, and duration of the pressure release.
    (iii) An estimate of the quantity of total HAP emitted during the
pressure release and the calculations used for determining this
quantity.
    (iv) The actions taken to prevent this pressure release.
    (v) The measures adopted to prevent future such pressure releases.
    (g) Periodic reports. For owners or operators of an acrylic and
modacrylic fiber production affected source or polycarbonate production
affected source subject to paragraph (e) of this section, Periodic
Reports must include the information specified in paragraphs (g)(1)
through (3) of this section for pressure relief devices in organic HAP
service.
    (1) For pressure relief devices in organic HAP service subject to
paragraph (e) of this section, report confirmation that all monitoring
to show compliance was conducted within the reporting period.
    (2) For pressure relief devices in organic HAP gas or vapor service
subject to paragraph (e)(2) of this section, report any instrument
reading of 500 ppm above background or greater, more than 5 days after
the relief device returns to organic HAP gas or vapor service after a
pressure release.
    (3) For pressure relief devices in organic HAP service subject to
paragraph (e)(3) of this section, report each pressure release to the
atmosphere, including the following information:
    (i) The source, nature, and cause of the pressure release.
    (ii) The date, time, and duration of the pressure release.
    (iii) An estimate of the quantity of total HAP emitted during the
pressure release and the method used for determining this quantity.
    (iv) The actions taken to prevent this pressure release.
    (v) The measures adopted to prevent future such pressure releases.
0
9. Section 63.1108 is amended by:
0
a. Adding paragraph (a) introductory text;
0
b. Adding paragraph (a)(4);
0
c. Revising the first sentence of paragraph (a)(5); and
0
d. Revising paragraphs (b)(1), the first sentence of (b)(2)
introductory text, and (b)(4)(ii).
    The revisions and additions read as follows:

Sec.  63.1108  Compliance with standards and operation and maintenance
requirements.

    (a) Requirements. The requirements of paragraphs (a)(1), (2), and
(5) of this section apply to all affected sources except acrylic and
modacrylic fiber production affected sources and polycarbonate
production affected sources. The requirements of paragraph (a)(4) of
this section apply only to

acrylic and modacrylic fiber production affected sources and
polycarbonate production affected sources. The requirements of
paragraphs (a)(3), (6), and (7) of this section apply to all affected
sources.
* * * * *
    (4)(i) For acrylic and modacrylic fiber production affected sources
and polycarbonate production affected sources, the emission limitations
and established parameter ranges of this part shall apply at all times
except during periods of non-operation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. Equipment leak requirements shall apply at
all times except during periods of non-operation of the affected source
(or specific portion thereof) in which the lines are drained and
depressurized resulting in cessation of the emissions to which the
equipment leak requirements apply.
    (ii) General duty. At all times, the owner or operator must operate
and maintain any affected source, including associated air pollution
control equipment and monitoring equipment, in a manner consistent with
safety and good air pollution control practices for minimizing
emissions. The general duty to minimize emissions does not require the
owner or operator to make any further efforts to reduce emissions if
levels required by the applicable standard have been achieved.
Determination of whether a source is operating in compliance with
operation and maintenance requirements will be based on information
available to the Administrator, which may include, but is not limited
to, monitoring results, review of operation and maintenance procedures,
review of operation and maintenance records, and inspection of the
source.
    (5) During startups, shutdowns, and malfunctions when the emission
standards of this subpart and the subparts referenced by this subpart
do not apply pursuant to paragraphs (a)(1) through (3) of this section,
the owner or operator shall implement, to the extent reasonably
available, measures to prevent or minimize excess emissions. * * *
* * * * *
    (b) * * *
    (1) Parameter monitoring: compliance with operating conditions.
Compliance with the required operating conditions for the monitored
control devices or recovery devices may be determined by, but is not
limited to, the parameter monitoring data for emission points that are
required to perform continuous monitoring. For each excursion, except
as provided for in paragraphs (b)(1)(i) and (ii) of this section, the
owner or operator shall be deemed to have failed to have applied the
control in a manner that achieves the required operating conditions.
    (i) An excursion that meets the requirements of paragraph (b)(2) of
this section is not a violation.
    (ii) Excused excursions are not allowed for acrylic and modacrylic
fiber production affected sources or polycarbonate production affected
sources. For all other affected sources, an excused excursion, as
described in Sec.  63.998(b)(6)(ii), is not a violation.
    (2) Parameter monitoring: Excursions. An excursion is not a
violation in cases where continuous monitoring is required and the
excursion does not count toward the number of excused excursions (as
described in Sec.  63.998(b)(6)(ii)), if the conditions of paragraphs
(b)(2)(i) or (ii) of this section are met, except that the conditions
of paragraph (b)(2)(i) of this section do not apply for acrylic and
modacrylic fiber production affected sources and polycarbonate
production affected sources. * * *
* * * * *
    (4) * * *
    (ii) Performance test. (A) The Administrator may determine
compliance with emission limitations of this subpart based on, but not
limited to, the results of performance tests conducted according to the
procedures specified in Sec.  63.997, unless otherwise specified in
this subpart or a subpart referenced by this subpart.
    (B) For acrylic and modacrylic fiber production affected sources
and polycarbonate production affected sources, performance tests shall
be conducted under such conditions as the Administrator specifies to
the owner or operator based on representative performance of the
affected source for the period being tested. Representative conditions
exclude periods of startup and shutdown unless specified by the
Administrator or an applicable subpart. The owner or operator may not
conduct performance tests during periods of malfunction. The owner or
operator must record the process information that is necessary to
document operating conditions during the test and include in such
record an explanation to support that such conditions represent normal
operation. Upon request, the owner or operator shall make available to
the Administrator such records as may be necessary to determine the
conditions of performance tests.
* * * * *
0
10. Section 63.1110 is amended by:
0
a. Adding a sentence to the end of paragraph (a) introductory text;
0
b. Revising paragraph (a)(7);
0
c. Adding paragraph (a)(9);
0
d. Adding a sentence to the end of paragraph (d)(1) introductory text;
and
0
e. Adding paragraph (d)(1)(iii).
    The revisions and additions read as follows:

Sec.  63.1110  Reporting requirements.

    (a) * * * Each owner or operator of an acrylic and modacrylic fiber
production affected source or polycarbonate production affected source
subject to this subpart shall also submit the reports listed in
paragraph (a)(9) of this section in addition to the reports listed in
paragraphs (a)(1) through (8) of this section, as applicable.
* * * * *
    (7) Startup, Shutdown, and Malfunction Reports described in Sec.
63.1111 (except for acrylic and modacrylic fiber production affected
sources and polycarbonate production affected sources).
* * * * *
    (9) Electronic reporting. Within 60 days after the date of
completing each performance test (as defined in Sec.  63.2), the owner
or operator must submit the results of the performance tests, including
any associated fuel analyses, required by this subpart according to the
methods specified in paragraphs (a)(9)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA-
provided software, the owner or operator shall submit the results of
the performance test to the EPA by direct computer-to-computer
electronic transfer via EPA-provided software, unless otherwise
approved by the Administrator. Owners or operators, who claim that some
of the information being submitted for performance tests is
confidential business information (CBI), must submit a complete file
using EPA-provided software that includes information claimed to be CBI
on a compact disc, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The
same file with the CBI omitted must be submitted to the EPA by direct
computer-to-computer electronic transfer via EPA-provided software.
    (ii) For any performance test conducted using test methods that are
not compatible with the EPA-provided

software, the owner or operator shall submit the results of the
performance test to the Administrator at the appropriate address listed
in Sec.  60.4.
* * * * *
    (d) * * *
    (1) * * * For pressure relief devices subject to the requirements
of Sec.  63.1107(e)(3), the owner or operator of an acrylic and
modacrylic fiber production affected source or polycarbonate production
affected source shall also submit the information listed in paragraph
(d)(1)(iii) of this section in a supplement to the Notification of
Compliance Status within 150 days after the first applicable compliance
date for pressure relief device monitoring.
* * * * *
    (iii) For pressure relief devices in organic HAP service, a
description of the device or monitoring system to be implemented,
including the pressure relief devices and process parameters to be
monitored (if applicable), and a description of the alarms or other
methods by which operators will be notified of a pressure release.
* * * * *

0
11. Section 63.1111 is amended by:
0
a. Adding paragraphs (a) introductory text and (b) introductory text;
0
b. Removing paragraph (b)(3); and
0
c. Adding paragraph (c).
    The revisions and additions read as follows:

Sec.  63.1111  Startup, shutdown, and malfunction.

    (a) Startup, shutdown, and malfunction plan. The requirements of
this paragraph (a) apply to all affected sources except for acrylic and
modacrylic fiber production affected sources and polycarbonate
production affected sources.
* * * * *
    (b) Startup, shutdown, and malfunction reporting requirements. The
requirements of this paragraph (b) apply to all affected sources except
for acrylic and modacrylic fiber production affected sources and
polycarbonate production affected sources.
* * * * *
    (c) Malfunction recordkeeping and reporting. The requirements of
this paragraph (c) apply only to acrylic and modacrylic fiber
production affected sources and polycarbonate production affected
sources.
    (1) Records of malfunctions. The owner or operator shall keep the
records specified in paragraphs (c)(1)(i) through (iii) of this
section.
    (i) In the event that an affected unit fails to meet an applicable
standard, record the number of failures. For each failure record the
date, time, and duration of each failure.
    (ii) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, an estimate of the
quantity of each regulated pollutant emitted over any emission limit,
and a description of the method used to estimate the emissions.
    (iii) Record actions taken to minimize emissions in accordance with
Sec.  63.1108(a)(4)(ii), and any corrective actions taken to return the
affected unit to its normal or usual manner of operation.
    (2) Reports of malfunctions. If a source fails to meet an
applicable standard, report such events in the Periodic Report. Report
the number of failures to meet an applicable standard. For each
instance, report the date, time and duration of each failure. For each
failure the report must include a list of the affected sources or
equipment, an estimate of the quantity of each regulated pollutant
emitted over any emission limit, and a description of the method used
to estimate the emissions.

Subpart OOO--National Emission Standards for Hazardous Air
Pollutant Emissions: Manufacture of Amino/Phenolic Resins

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12. Section 63.1400 is amended by revising paragraph (k) to read as
follows:

Sec.  63.1400  Applicability and designation of affected sources.

* * * * *
    (k) Applicability of this subpart. (1) The emission limitations set
forth in this subpart and the emission limitations referred to in this
subpart shall apply at all times except during periods of non-operation
of the affected source (or specific portion thereof) resulting in
cessation of the emissions to which this subpart applies.
    (2) The emission limitations set forth in 40 CFR part 63, subpart
UU, as referred to in Sec.  63.1410, shall apply at all times except
during periods of non-operation of the affected source (or specific
portion thereof) in which the lines are drained and depressurized
resulting in cessation of the emissions to which Sec.  63.1410 applies.
    (3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
times when emissions are being routed to such items of equipment if the
shutdown would contravene requirements of this subpart applicable to
such items of equipment.
    (4) General duty. At all times, the owner or operator must operate
and maintain any affected source, including associated air pollution
control equipment and monitoring equipment, in a manner consistent with
safety and good air pollution control practices for minimizing
emissions. The general duty to minimize emissions does not require the
owner or operator to make any further efforts to reduce emissions if
levels required by the applicable standard have been achieved.
Determination of whether a source is operating in compliance with
operation and maintenance requirements will be based on information
available to the Administrator, which may include, but is not limited
to, monitoring results, review of operation and maintenance procedures,
review of operation and maintenance records, and inspection of the
source.

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13. Section 63.1401 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  63.1401  Compliance schedule.

    (a) New affected sources that commence construction or
reconstruction after December 14, 1998, shall be in compliance with
this subpart (except Sec.  63.1411(c)) upon initial start-up or January
20, 2000, whichever is later. New affected sources that commenced
construction or reconstruction after December 14, 1998, but on or
before January 9, 2014, shall be in compliance with the pressure relief
device monitoring requirements of Sec.  63.1411(c) by October 9, 2017.
New affected sources that commence construction or reconstruction after
January 9, 2014, shall be in compliance with the pressure relief device
monitoring requirements of Sec.  63.1411(c) upon initial startup or by
October 8, 2014.
    (b) Existing affected sources shall be in compliance with this
subpart (except Sec. Sec.  63.1404, 63.1405, and 63.1411(c)) no later
than 3 years after January 20, 2000. Existing affected sources shall be
in compliance with the storage vessel requirements of Sec.  63.1404,
the continuous process vent requirements of Sec.  63.1405, and the
pressure relief device monitoring requirements of Sec.  63.1411(c) by
October 9, 2017.
* * * * *

0
14. Section 63.1402 is amended by:
0
a. In paragraph (a):
0
i. Adding in alphabetical order the term ``Pressure relief device or
valve (Sec.  63.161)'';
0
ii. Removing the term ``Start-up, shutdown, and malfunction plan (Sec.
63.101)''; and
0
iii. Revising the term ``Inorganic hazardous air pollutant service

(Sec.  63.161)'' to read ``In organic hazardous air pollutant service
(Sec.  63.161)''; and
0
b. In paragraph (b):
0
i. Adding in alphabetical order the terms ``Pressure release'' and
``Seal''; and
0
ii. Revising the term ``Amino/phenolic. Resin process unit (APPU)'' to
read ``Amino/phenolic resin process unit (APPU)''.
    The revisions and additions read as follows:

Sec.  63.1402  Definitions.

* * * * *
    (b) * * *
* * * * *
    Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device. This release can be one release or a series of releases
over a short time period.
* * * * *
    Seal means, for the purpose of complying with the requirements of
Sec.  63.1033(b), that instrument monitoring of the open-ended valve or
line conducted according to the method specified in Sec.  63.1023(b)
and, as applicable, Sec.  63.1023(c), indicates no readings of 500
parts per million or greater.
* * * * *

0
15. Section 63.1404 is amended by revising the first sentence of
paragraph (a) introductory text to read as follows:

Sec.  63.1404  Storage vessel provisions.

    (a) Emission standards. For each storage vessel located at a new or
existing affected source that has a capacity of greater than or equal
to 20,000 gallons, but less than 40,000 gallons, and vapor pressure of
1.9 pounds per square inch absolute (psia) or greater; has a capacity
of greater than or equal to 40,000 gallons, but less than 90,000
gallons, and vapor pressure of 0.75 psia or greater; or has a capacity
of 90,000 gallons or greater and vapor pressure of 0.15 psia or
greater, the owner or operator shall comply with either paragraph
(a)(1) or (2) of this section. * * *
* * * * *

0
16. Section 63.1405 is amended by:
0
a. Revising the first sentence of paragraph (a) introductory text;
0
b. Adding paragraph (a)(3); and
0
c. Revising the last sentence of paragraph (b).
    The revisions and additions read as follows:

Sec.  63.1405  Continuous process vent provisions.

    (a) Emission standards. For each continuous process vent with a
Total Resource Effectiveness (TRE) index value, as determined following
the procedures specified in Sec.  63.1412(j), less than or equal to
1.2, the owner or operator shall comply with either paragraph (a)(1) or
(2) of this section for continuous process vents located at a new
affected source, and with either paragraph (a)(1) or (3) of this
section for continuous process vents located at an existing affected
source. * * *
* * * * *
    (3) Reduce emissions to less than or equal to 0.95 kg of total
organic HAP per megagram (1.9 pounds of total organic HAP per ton) of
resin produced, or to a concentration of 20 ppmv when using a
combustion control device or to a concentration of 50 ppmv when using a
non-combustion control device, whichever is less stringent.
    (b) Alternative standard. * * * Any continuous process vents that
are not vented to a control device meeting these conditions shall be
controlled in accordance with the provisions of paragraphs (a)(1), (2),
or (3) of this section, as appropriate.

0
17. Section 63.1410 is amended by revising the first sentence of the
introductory text to read as follows:

Sec.  63.1410  Equipment leak provisions.

    The owner or operator of each affected source shall comply with the
requirements of 40 CFR part 63, subpart UU for all equipment, as
defined under Sec.  63.1402, that contains or contacts 5 weight-percent
HAP or greater and operates 300 hours per year or more, except Sec.
63.1030. * * *

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18. Add Sec.  63.1411 to read as follows:

Sec.  63.1411  Requirements for pressure relief devices.

    Except as specified in paragraph (d) of this section, the owner or
operator must comply with the requirements specified in paragraphs (a)
and (b) of this section for pressure relief devices in organic HAP gas
or vapor service. Except as specified in paragraph (d) of this section,
the owner or operator must also comply with the requirements specified
in paragraph (c) of this section for all pressure relief devices in
organic HAP service.
    (a) Operating requirements. Except during a pressure release event,
operate each pressure relief device in organic HAP gas or vapor service
with an instrument reading of less than 500 ppm above background as
described in Method 21 of 40 CFR part 60, Appendix A.
    (b) Pressure release requirements. For pressure relief devices in
organic HAP gas or vapor service, the owner or operator must comply
with either paragraph (b)(1) or (2) of this section following a
pressure release, as applicable.
    (1) If the pressure relief device does not consist of or include a
rupture disk, conduct instrument monitoring, as described in Method 21
of 40 CFR part 60, Appendix A, no later than 5 calendar days after the
pressure relief device returns to organic HAP service following a
pressure release to verify that the pressure relief device is operating
with an instrument reading of less than 500 ppm above background,
except as provided in Sec.  63.1024(d).
    (2) If the pressure relief device consists of or includes a rupture
disk, install a replacement disk as soon as practicable after a
pressure release, but no later than 5 calendar days after the pressure
release, except as provided in Sec.  63.1024(d).
    (c) Pressure release management. Except as specified in paragraph
(d) of this section, emissions of organic HAP to the atmosphere from
pressure relief devices in organic HAP service are prohibited, and the
owner or operator must comply with the requirements specified in
paragraphs (c)(1) and (2) of this section for all pressure relief
devices in organic HAP service.
    (1) The owner or operator must equip each pressure relief device in
organic HAP service with a device(s) or parameter monitoring system
that is capable of:
    (i) Identifying the pressure release;
    (ii) Recording the time and duration of each pressure release; and
    (iii) Notifying operators immediately that a pressure release is
occurring. The device or monitoring system may be either specific to
the pressure relief device itself or may be associated with the process