1 STAFF DRAFT  09/ 30/ 2005 The following draft rule is a STAFF DRAFT that may be revised without public notice prior to signature. We provide this draft document solely for the convenience of interested parties. This draft is not the official rule for purposes of public comment under the Administrative Procedure Act or for compliance. When this rule is final, a signed official version will be published in the Federal Register and appear on the government printing office web site   http:// www. gpoaccess. gov/ fr/. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For the reasons stated in the preamble, title 40, chapter I, part 60 of the Code of Federal Regulations is amended as follows:

Part 60  [ amended]

1. The authority citation for part 60 continues to read as follows:

Authority: 42 U. S. C. 7401, 7411, 7413, 7414, 7416, 7429, 7601 and 7602.

2. Part 60 is amended by adding subpart YYY to read as follows:

Subpart YYY   Standards of Performance for Volatile Organic Compound ( VOC)

Emissions from Synthetic Organic Chemical Manufacturing Industry ( SOCMI)

Wastewater Secs.

60.770 Applicability and date of compliance 60.771 Definitions 60.772 Modification and reconstruction 60.773 Process wastewater provisions  General 60.774 Wastewater tank, surface impoundment, container, individual drain system,

and oil water separator provisions 60.775 Control requirements for aqueous in process streams 2 STAFF DRAFT  09/ 30/ 2005 60.776 Maintenance wastewater requirements 60.777 Delay of repair 60.778 Stream specific list of organic wastewater compound determination 60.779 Process wastewater provisions  Performance standards for treatment processes managing Group 1 wastewater streams and/ or residuals removed from Group 1 wastewater streams 60.780 Standards  Control devices 60.781 Monitoring of operations 60.782 Process wastewater provisions  Test methods and procedures for determining applicability and Group 1 and Group 2 determinations ( determining which process wastewater streams require control)

60.783 Process wastewater provisions  Test methods and procedures to determine compliance 60.784 Reporting requirements 60.785 Recordkeeping requirements 60.786 Leak inspection provisions 60.787 Additional requirements  Start up, shutdown, malfunction, or non operation;

alternative means of emission limitation and permits 60.788 [ Reserved]

60.789 Relationship to other regulations Table 1 to subpart YYY List of SOCMI chemicals 3 STAFF DRAFT  09/ 30/ 2005 Table 2 to subpart YYY Applicability of 40 CFR part 60 general provisions to subpart YYY Table 3a to subpart YYY Reference rules for control of wastewater tanks, surface impoundments, containers, individual drain systems, and oil water separators ( § 60.774)

Table 3b to subpart YYY    Requirements for complying with the waste management unit provisions in § 60.774 Table 4 to subpart YYY    Control requirements for wastewater tanks requiring controls Table 5a to subpart YYY Conforming terms for use with § 60.774 Table 5b to subpart YYY Conforming cross references for use with § 60.774 Table 6 to subpart YYY Control requirements for items of equipment that meet the criteria of § 60.775 Table 7 to subpart YYY Monitoring requirements for treatment processes Table 8 to subpart YYY Monitoring requirements for control devices Table 9 to subpart YYY Information on process wastewater streams to be submitted with notification of compliance status Table 10 to subpart YYY Information for treatment processes to be submitted with Notification of Compliance Status Table 11 to subpart YYY Information for waste management units to be submitted with Notification of Compliance Status Table 12 to subpart YYY Information on residuals to be submitted with Notification of 4 STAFF DRAFT  09/ 30/ 2005 Compliance Status Table 13 to subpart YYY Semiannual reporting requirements for control devices [ see § 60.784( f)]

Table 14 to subpart YYY Compound and default biorates used for compliance demonstrations for enhanced biological treatment processes ( see § 60.783( h))

Subpart YYY  Standards of Performance for Volatile Organic Compound ( VOC)

Emissions from Synthetic Organic Chemical Manufacturing Industry ( SOCMI)

Wastewater § 60.770 Applicability and date of compliance.

( a) Applicability overview. The provisions of this subpart apply to each Synthetic Organic Chemical Manufacturing Industry ( SOCMI) chemical process unit ( CPU) and affected facility and any devices or systems required by this subpart. An affected facility is a designated chemical process unit ( DCPU) in the synthetic organic chemical manufacturing industry which commences or commenced construction,

reconstruction, or modification after September 12, 1994. The compliance date is specified in paragraph ( b) of this section. Affected facility determination is specified in paragraph © ) of this section. Requirements for an affected facility are specified in paragraph ( d) of this section.

( b) Compliance dates.

( 1) The owner or operator of an affected facility that generates a process 5 STAFF DRAFT  09/ 30/ 2005 wastewater, a maintenance wastewater, and/ or an aqueous in process stream shall comply with subpart A of this part as specified in Table 2 to this subpart and with this subpart no later than initial startup or [ INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], whichever is later.

( 2) The owner or operator of an affected facility that does not generate a process wastewater, a maintenance wastewater, or an aqueous in process stream shall comply with this section and with the recordkeeping requirements in § 60.785( b) and ( c)( 8) of this subpart no later than initial startup or [ INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. If a change occurs such that the affected facility begins to generate process wastewater,

maintenance wastewater, or aqueous in process streams, the owner or operator shall comply with subpart A of this part as specified in Table 2 to this subpart and with this subpart upon making the process change.

( 3) The owner or operator of SOCMI CPU that is not an affected facility shall comply with § § 60.770 through 60.772 of this subpart and with the recordkeeping requirements of § 60.785( b), ( c)( 12), and ( c)( 18) no later than initial startup or [ INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

© ) How to determine an affected facility. The owner or operator shall identify a SOCMI CPU and determine an affected facility as specified in paragraphs ( c)( 1)

through ( 4) of this section. The owner or operator of a CPU determined not to be SOCMI as described in paragraph ( c)( 2) is not required to comply with ( c)( 3) or ( c)( 4) of 6 STAFF DRAFT  09/ 30/ 2005 this section.

( 1) Make a CPU determination using paragraphs ( e) and ( I) of this section.

( 2) Determine whether a CPU is part of the SOCMI using paragraph ( f) of this section. A CPU that is not determined to be SOCMI is subject only to the requirements of § § 60.770( f)( 2) and 60.785( b) of this section.

( 3) Divide a CPU into two or more designated chemical process units ( DCPU) or assign an entire CPU as a DCPU using paragraph ( g) of this section.

( 4) Determine whether a DCPU is constructed, reconstructed, or modified using paragraph ( h) of this section.

( d) Requirements for an affected facility that generates a process wastewater,

maintenance wastewater, and/ or aqueous in process stream. For an affected facility that generates a process wastewater, maintenance wastewater, and/ or aqueous inprocess stream, the owner or operator shall comply with the applicable requirements specified in § § 60.770 through 60.789 of this subpart. Determination of process wastewater, maintenance wastewater, and aqueous in process stream are specified in paragraphs ( d)( 1) through ( 3) of this section. Streams that are not process wastewater,

maintenance wastewater, or aqueous in process streams are specified in paragraph ( d)( 4) of this section.

( 1) Determination of process wastewater. To determine whether a DCPU is generating a process wastewater, the owner or operator must use some key words as defined in § 60.771 of this subpart, including the definitions of point of determination, 7 STAFF DRAFT  09/ 30/ 2005 process wastewater, organic wastewater compound, recovery device, and wastewater.

( 2) Determination of maintenance wastewater. To determine whether a DCPU is generating a maintenance wastewater, the owner or operator must use some key words as defined in § 60.771 of this subpart, including the definitions of maintenance wastewater, organic wastewater compound, and wastewater.

( 3) Determination of aqueous in process stream. To determine whether a DCPU is generating an aqueous in process stream, the owner or operator must use both Table 6 to subpart YYY and some key definitions located in § 60.771 of this subpart, including the definitions for: aqueous in process stream; organic wastewater compound; and point of determination.

( 4) The affected facility includes the water and wastewater streams listed in paragraphs ( d)( 4)( I) through ( vi) of this section, but they are not subject to the requirements of this subpart or the provisions of subpart A of this part.

( I) Stormwaters managed in segregated sewers.

( ii) Water from fire fighting and deluge systems managed in segregated sewers.

( iii) Spills.

( iv) Water from safety showers.

( v) Water from testing of deluge systems.

( vi) Water from testing of fire fighting systems.

( e) Determination of CPU.

( 1) The owner or operator determines if a grouping of equipment is a CPU using 8 STAFF DRAFT  09/ 30/ 2005 the definition of " chemical process unit or CPU" in § 60.771 of this subpart. The following words are used to define CPU and are themselves defined in § 60.771 of this subpart: hard piping, ductwork, product, unit operation, recovery device, and storage vessel.

( 2) The provisions of this subpart do not apply to the processes listed in paragraphs ( e)( 2)( I) through ( v) of this section. This subpart does not require these processes to comply with the provisions of subpart A of this part.

( I) Research and development facilities.

( ii) Petroleum refining process units, regardless of whether the units supply feedstocks that include chemicals listed in Table 1 to this subpart to CPU that are subject to the provisions of this subpart.

( iii) CPU that are located in coke by product recovery plants.

( iv) Solvent reclamation, recovery, or recycling operations at a hazardous waste treatment, storage, and disposal facility ( TSDF) requiring a permit under 40 CFR part 270 that are not part of a SOCMI CPU.

( v) Organic chemicals extracted from natural sources or totally produced from biological synthesis, such as pinene, coconut oil acids, sodium salt, fatty acids, tall oil,

tallow acids, potassium salt, and beverage alcohol. Petroleum stock is not considered a natural source for the purposes of this subpart.

( 3) Storage vessels shall be assigned to the CPU using paragraph ( i) of this section. 9 STAFF DRAFT  09/ 30/ 2005 ( f) Determination of SOCMI for a CPU. ( 1) Determination of SOCMI shall be made for each CPU. If the chemicals listed in Table 1 of this subpart account for at least 50 percent of a CPU's expected annual production, on a mass basis, the CPU is part of SOCMI. The owner or operator may use written contracts or internal production plans to predict SOCMI use of a CPU. If an owner or operator produces at least one chemical listed in Table 1 to this subpart but cannot determine at least 50 percent of a CPU's expected annual production, on a mass basis, for the 12 months following initial startup, then the CPU is part of SOCMI. A DCPU has the same determination of SOCMI as the CPU it is part of.

( 2) Reevaluating a SOCMI determination. If a CPU begins manufacturing SOCMI chemicals not used in the determination of SOCMI or ceases manufacturing non SOCMI chemicals used in the determination of SOCMI, the determination of SOCMI shall be reevaluated. The owner or operator shall not reevaluate a determination of SOCMI for a CPU more than once every 12 months. If a CPU is a SOCMI CPU the owner or operator may elect not to reevaluate the determination of SOCMI.

( g) Determination of DCPU. The owner or operator may designate each process line or combination of process lines within a CPU to be a DCPU at any time before commencing construction, reconstruction, or modification, upon redetermination where a positive SOCMI determination occurs, or before [ INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], whichever is 10 STAFF DRAFT  09/ 30/ 2005 later. In addition, the owner and operator shall comply with paragraphs ( g)( 1)

through( 7) of this section.

( 1) If the owner or operator makes no designation, the entire CPU shall be the DCPU.

( 2) The owner or operator shall assign all equipment that is part of the CPU to one or more DCPU.

( 3) Once a designation is made, it is irrevocable.

( 4) Each DCPU assigned to a CPU shall have the same determination of SOCMI as the CPU.

( 5) All designations shall be documented and available for inspection as required in 60.785 ( c)( 8) of this subpart.

( 6) Each storage vessel that is part of the CPU shall be assigned to one of the DCPU that it services.

( 7) Construction, reconstruction, and modification determinations shall be based on the DCPU. For example, if an entire CPU is the DCPU, the installation of an additional process line that is part of that CPU may constitute modification or reconstruction of the existing DCPU, but shall not be considered construction of a new DCPU. Also for example, if a DCPU is not the entire CPU, the installation of an additional process line may constitute construction of a new DCPU within the existing CPU or construction of a new CPU, but shall not be considered modification or reconstruction of the existing DCPU. 11 STAFF DRAFT  09/ 30/ 2005 ( h) Determination of construction, reconstruction, or modification of a DCPU.

( 1) " Commenced" and " construction" have the meaning given to them in § 60.2 of this part.

( 2) Reconstruction and modification shall be determined using § 60.772 of this subpart.

( 3) To be subject to this subpart, construction, reconstruction, or modification must have commenced after September 12, 1994.

( i) Storage vessel assignment to a CPU. The owner or operator shall follow the procedures specified in paragraphs ( i)( 1) through ( 3) of this section to determine whether a storage vessel is part of the CPU to which this subpart applies. The owner or operator may designate all storage vessels associated with the CPU as subject to this subpart. If a storage vessel is determined to be subject to this subpart, it may be considered part of any CPU subject to this subpart.

( 1) Where a storage vessel is dedicated to a CPU, the storage vessel shall be considered part of that CPU.

( 2) If a storage vessel is not dedicated to a single CPU, then the applicability of this subpart shall be determined according to the provisions in paragraphs ( i)( 2)( i)

through ( iii) of this section.

( i) If a storage vessel is shared among CPU and one of the CPU has the predominant use, as determined by paragraphs ( i)( 2)( i)( A) and ( B) of this section, then the storage vessel is part of that chemical process unit. 12 STAFF DRAFT  09/ 30/ 2005 ( A) If the greatest input into the storage vessel is from a CPU that is located on the same plant site, then that CPU has the predominant use.

( B) If the greatest input into the storage vessel is provided from a CPU that is not located on the same plant site, then the predominant use is the CPU on the same plant site that receives the greatest amount of material from the storage vessel.

( ii) If a storage vessel is shared among CPU so that there is no single predominant use, and at least one of those CPU is subject to this subpart, the storage vessel shall be considered to be part of the CPU that is subject to this subpart, in part or whole. If more than one CPU is subject to this subpart, in part or whole, the owner or operator may assign the storage vessel to any of the CPU subject to this subpart.

( iii) If the predominant use of a storage vessel varies from year to year, then the applicability of this subpart shall be determined based on the use that occurred during the year preceding the modification or reconstruction of an existing CPU and upon commencement of construction for a new CPU.

( 3) Where a storage vessel is located at a plant site that includes one or more CPU which place material into, or receive materials from the storage vessel, but the storage vessel is located in a tank farm ( including a marine tank farm), the applicability of this subpart shall be determined according to the provisions in paragraphs ( i)( 3)( i)

through ( i)( 3)( iv) of this section.

( i) The storage vessel may only be assigned to a CPU that utilizes the storage vessel and does not have an intervening storage vessel for that product ( or raw 13 STAFF DRAFT  09/ 30/ 2005 material, as appropriate). With respect to any CPU, an intervening storage vessel means a storage vessel connected by hard piping to the CPU and to the storage vessel in the tank farm so that product or raw material entering or leaving the CPU flows into ( or from) the intervening storage vessel and does not flow directly into ( or from) the storage vessel in the tank farm.

( ii) If there is no CPU at the plant site that meets the criteria of paragraph ( i)( 3)( i) of this section with respect to a storage vessel, this subpart does not apply to the storage vessel.

( iii) If there is only one CPU at the plant site that meets the criteria of paragraph ( i)( 3)( i) of this section with respect to a storage vessel, the storage vessel shall be assigned to that CPU.

( iv) If there are two or more CPU at the plant site that meet the criteria of paragraph ( i)( 3)( i) of this section with respect to a storage vessel, the storage vessel shall be assigned to one of those CPU according to the provisions of paragraph ( i)( 2) of this section. The predominant use shall be determined among only those CPU that meet the criteria of paragraph ( i)( 3)( i) of this section.

§ 60.771 Definitions.

As used in this subpart, all terms not defined here shall have the meaning given them in the Clean Air Act and in subpart A of this part. The following terms shall have the specific meanings given them in this section.

Annual average concentration means the flow weighted annual average 14 STAFF DRAFT  09/ 30/ 2005 concentration, as determined according to the procedures specified in § 60.782( b) of this subpart.

Annual average flow rate means the annual average flow rate, as determined according to the procedures specified in § 60.782 © ) of this subpart.

Aqueous in process stream means a stream comprised of water and organic wastewater compound within a CPU and prior to the point of determination that is conveyed, or otherwise handled, in equipment controlled less stringently than required in Table 6 to this subpart. Except for a stream that is routed to a tank, an aqueous inprocess stream has a concentration of at least 500 parts per million by weight ( ppmw)

organic wastewater compound and a flow rate of at least 1 liter per minute or a concentration of 10,000 ppmw organic wastewater compound at any flowrate, as determined using the methods described in 60.782 ( b) and © ) . If the item of equipment receiving a stream is a tank, an aqueous in process stream is defined as a stream with a concentration of at least 500 ppmw organic wastewater compound and a flow rate of at least 1 liter per minute, as determined using the methods described in § 60.782 ( b)

and © ) .

Automated monitoring and recording system means any means of measuring values of monitored parameters and creating a hard copy or computer record of the measured values that does not require manual reading of monitoring instruments and manual transcription of data values. Automated monitoring and recording systems include, but are not limited to, computerized systems and strip charts. 15 STAFF DRAFT  09/ 30/ 2005 Boiler means any enclosed combustion device that extracts useful energy in the form of steam and is not an incinerator. Boiler also means any industrial furnace as defined in 40 CFR 260.10.

By product means a chemical that is produced coincidentally during the production of another chemical.

Car seal means a seal that is placed on a device that is used to change the position of a valve ( e. g., from opened to closed) in such a way that the position of the valve cannot be changed without breaking the seal.

Chemical process unit or CPU means the equipment assembled and connected by hard piping or ductwork to process raw materials and to manufacture a product. A chemical process unit consists of more than one unit operation. For the purpose of this subpart, chemical process unit includes air oxidation reactors and their associated product separators and recovery devices; reactors and their associated product separators and recovery devices; distillation units and their associated distillate receivers and recovery devices; associated unit operations; associated recovery devices; and any feed, intermediate and product storage vessels, and connected ductwork and hard piping. A CPU includes pumps, compressors, agitators, pressure relief devices, sampling connection systems, open ended valves or lines, valves,

connectors, instrumentation systems, and control devices or systems. A CPU is identified by its primary product.

Closed biological treatment process means a tank or surface impoundment 16 STAFF DRAFT  09/ 30/ 2005 where biological treatment occurs and organic wastewater compound emissions from the treatment process are routed either to a control device by means of a closed vent system or to a fuel gas system by means of hard piping. The tank or surface impoundment has a fixed roof, as defined in this section, or a floating flexible membrane cover that meets the requirements specified in 40 CFR 63.134.

Closed vent system means a system that is not open to the atmosphere and is composed of hard piping, ductwork, connections, and, if necessary, flow inducing devices that transport gas or vapor from an emission point to a control device.

Combustion device means an individual unit of equipment, such as a flare,

incinerator, process heater, or boiler, used for the combustion of VOC emissions.

Commodity chemicals are chemicals that are produced in large volumes to chemical composition specifications that are homogeneous in nature. That is, there is no product differentiation. Included are basic industrial chemicals ( inorganic chemicals, bulk petrochemicals, organic chemical intermediates, plastic resins,

synthetic rubber, man made fibers, dyes and pigments, printing inks) and fertilizers.

Container means any portable waste management unit that has a capacity greater than or equal to 0.1 m3 in which a material is stored, transported, treated, or otherwise handled. Examples of containers are drums, barrels, tank trucks, barges,

dumpsters, tank cars, dump trucks, and ships.

Continuous record means documentation, either in hard copy or computer readable form, of data values measured at least once every 15 minutes and recorded 17 STAFF DRAFT  09/ 30/ 2005 at the frequency specified in § 60.785 of this subpart.

Continuous recorder means a data recording device recording an instantaneous data value or an average data value at least once every hour.

Continuous seal means a seal that forms a continuous closure that completely covers the space between the wall of the storage vessel and the edge of the floating roof. A continuous seal may be a vapor mounted, liquid mounted, or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.

Control device means any combustion device, recovery device for vapor vents,

or recapture device. Such equipment includes, but is not limited to, absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, and process heaters. For a steam stripper, a primary condenser is not considered a control device.

Co product means a chemical that is produced during the production of another chemical.

Cover means a device or system which is placed on or over a waste management unit containing wastewater or residuals so that the entire surface area is enclosed to minimize air organic wastewater compound emissions. A cover may have openings necessary for operation, inspection, and maintenance of the waste management unit such as access hatches, sampling ports, and gauge wells provided that each opening is closed when not in use. Examples of covers include a fixed roof installed on a wastewater tank, a lid installed on a container, and an air supported 18 STAFF DRAFT  09/ 30/ 2005 enclosure installed over a waste management unit.

DCPU means an individual process line within a CPU or a combination of some or all of the process lines within a CPU.

Ductwork means a conveyance system such as those commonly used for heating and ventilation systems. It is often made of sheet metal and often has sections connected by screws or crimping. Hard piping is not ductwork.

Enhanced biological treatment system or enhanced biological treatment process means an aerated, thoroughly mixed treatment unit( s) that contains biomass suspended in water followed by a clarifier that removes biomass from the treated water and recycles recovered biomass to the aeration unit. The mixed liquor volatile suspended solids ( biomass) is greater than 1 kilogram per cubic meter throughout each aeration unit. The biomass is suspended and aerated in the water of the aeration unit( s) by either submerged air flow or mechanical agitation. A thoroughly mixed treatment unit is a unit that is designed and operated to approach or achieve uniform biomass distribution and organic compound concentration throughout the aeration unit by quickly dispersing the recycled biomass and the wastewater entering the unit.

External floating roof means a pontoon type or double deck type cover that rests on the liquid surface in a storage vessel or waste management unit with no fixed roof.

Fill or filling means the introduction of a wastewater stream or residual into a waste management unit ( e. g., storage tank), but not necessarily to complete capacity.

Fixed roof means a cover that is mounted on a waste management unit or 19 STAFF DRAFT  09/ 30/ 2005 storage vessel in a stationary manner and that does not move with fluctuations in liquid level.

Flame zone means the portion of the combustion chamber in a boiler or process heater occupied by the flame envelope.

Flexible operation unit means a CPU that manufactures different chemical products periodically by alternating raw materials or operating conditions. These units are also referred to as multi purpose units, multiple product units, campaign plants, or blocked operations.

Floating roof means a cover consisting of a double deck, pontoon single deck,

internal floating cover, or covered floating roof that rests upon and is supported by the liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and waste management unit or storage vessel wall.

Flow indicator means a device which indicates whether gas flow is, or whether the valve position would allow gas flow to be, present in a line.

Fbio means site specific fraction of organic wastewater compound biodegraded,

unitless.

Fe means fraction emitted value, unitless.

Fm means compound specific fraction measured factor, unitless.

Fr means fraction removed value for organic wastewater compound, unitless.

Fuel gas means gases that are combusted to derive useful work or heat.

Fuel gas system means the offsite and onsite piping and control system that 20 STAFF DRAFT  09/ 30/ 2005 gathers gaseous stream( s) generated by onsite operations, may blend them with other sources of gas, and transports the gaseous stream for use as fuel gas in combustion devices or in in process combustion equipment such as furnaces and gas turbines,

either singly or in combination.

Group 1 wastewater stream is defined in § 60.773 ( b).

Group 2 wastewater stream is defined in § 60.773 ( b).

Hard piping means pipe or tubing that is manufactured and properly installed using good engineering judgment and standards, such as ANSI B31 3.

HON means the National Emission Standards for Hazardous Air Pollutants for Source Categories: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks, 40 CFR part 63, subparts F and G.

Incinerator means an enclosed combustion device that is used for destroying organic compounds. Auxiliary fuel may be used to heat waste gas to combustion temperatures. Any energy recovery section present is not physically formed into one manufactured or assembled unit with the combustion section; rather, the energy recovery section is a separate section following the combustion section and the two are joined by ducts or connections carrying flue gas. The above energy recovery section limitation does not apply to an energy recovery section used solely to preheat the incoming vent stream or combustion air.

Individual drain system means the stationary system used to convey wastewater 21 STAFF DRAFT  09/ 30/ 2005 streams or residuals to a waste management unit or to discharge or disposal. The term includes hard piping, all process drains and junction boxes, together with their associated sewer lines and other junction boxes, manholes, sumps, and lift stations,

conveying wastewater streams or residuals. A segregated storm water sewer system,

which is a drain and collection system designed and operated for the sole purpose of collecting rainfall runoff at a facility, and which is segregated from all other individual drain systems, is excluded from this definition.

Initial start up means the first time a new or reconstructed affected facility begins production, or the first time a modified affected facility is put into production. Initial start up does not include operation solely for testing equipment. For purposes of this subpart, initial start up does not include subsequent start ups ( as defined in this section) of CPUs following malfunctions or shutdowns or following changes in product for flexible operation units or following recharging of equipment in batch operation.

Internal floating roof means a cover that rests or floats on the liquid surface ( but not necessarily in complete contact with it) inside a storage vessel or waste management unit that has a fixed roof.

Isolated intermediate means a chemical that is manufactured solely as a stage of manufacturing the product of the CPU. Isolated intermediates are closely coupled to the operation ( i. e., do not operate independently), involve an intermediate reaction, and generally are not intermediately stored in bulk storage. Isolated intermediates may be carried out in more than one vessel. Common control does not by itself mean a unit 22 STAFF DRAFT  09/ 30/ 2005 manufactures an isolated intermediate. Commodity chemicals are not isolated intermediates.

Junction box means a manhole or a lift station, or access point to a wastewater sewer line.

Liquid mounted seal means a foam or liquid filled seal mounted in contact with the liquid between the wall of the storage vessel or waste management unit and the floating roof. The seal is mounted continuously around the circumference of the vessel or unit.

Maintenance wastewater means wastewater generated by the draining of process fluid from components in the CPU into an individual drain system prior to or during maintenance activities. Maintenance wastewater can be generated during planned and unplanned shutdowns and during periods not associated with a shutdown.

Examples of activities that can generate maintenance wastewater include descaling of heat exchanger tubing bundles, cleaning of distillation column traps, draining of low legs and high point bleeds, draining of pumps into an individual drain system, and draining of portions of the CPU for repair.

Maximum true vapor pressure means the equilibrium partial pressure exerted by the organics in the stored or transferred liquid at the temperature equal to the highest calendar month average of the liquid storage or transfer temperature for liquids stored or transferred above or below the ambient temperature or at the local maximum monthly average temperature as reported by the National Weather Service for liquids 23 STAFF DRAFT  09/ 30/ 2005 stored or transferred at the ambient temperature, as determined:

( 1) In accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss From External Floating Roof Tanks;

( 2) As obtained from standard reference texts;

( 3) As determined by the American Society for Testing and Materials Method D2879 83; or ( 4) By any other method approved by the Administrator.

Metallic shoe seal or mechanical shoe seal means metal sheets that are held vertically against the wall of the storage vessel by springs, weighted levers, or other mechanisms and connected to the floating roof by braces or other means. A flexible coated fabric ( envelope) spans the annular space between the metal sheet and the floating roof.

Modification means any physical change in, or change in the method of operation of, an existing DCPU which increases or creates emissions to the atmosphere of organic wastewater compound from process wastewater and/ or aqueous in process streams generated by the DCPU, except as provided in § 60.772 © ) of this subpart.

Non automated monitoring and recording system means manual reading of values measured by monitoring instruments and manual transcription of those values to create a record. Non automated systems do not include strip charts.

Oil water separator or organic water separator or separator means a waste 24 STAFF DRAFT  09/ 30/ 2005 management unit used to separate oil, organics, or other materials from water. A separator consists of not only the separation unit but also the forebay and other separator basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are located directly after the individual drain system or other conveyance devices and prior to additional treatment units such as an air flotation unit, clarifier, or biological treatment unit. Examples of an oil water or organic water separator include, but are not limited to, an American Petroleum Institute separator, parallel plate interceptor, and corrugated plate interceptor with the associated ancillary equipment.

On site or onsite means, with respect to records required to be maintained by this subpart, that the records are stored at a location within a major source which encompasses the affected facility. On site includes, but is not limited to, storage at the DCPU to which the records pertain, or storage in central files elsewhere at the major source.

Open biological treatment process means a biological treatment process that is not a closed biological treatment process as defined in this section.

Operating permit means a permit required by 40 CFR part 70 or part 71.

Organic monitoring device means a unit of equipment used to indicate the concentration level of organic compounds exiting a recovery device based on a detection principle such as infrared, photoionization, or thermal conductivity.

Organic peroxides means organic compounds containing the bivalent  o

ostructure which may be considered to be a structural derivative of hydrogen peroxide 25 STAFF DRAFT  09/ 30/ 2005 where one or both of the hydrogen atoms has been replaced by an organic radical.

Organic wastewater compound means substances defined as VOC in 40 CFR 51.100( s) and not excluded or exempted by that section, except that any substance with a Henry's law constant less than 0.1 y/ x atmosphere per mole fraction ( y/ x at one atmosphere) at 25

C as determined according to appendix J to this part is not an organic wastewater compound for purposes of this subpart. This term is used to indicate either individual substances or the combination of such substances in a stream.

Petroleum refining process, also referred to as a petroleum refining process unit,

means a process that for the purpose of producing transportation fuels ( such as gasoline and diesel fuels), heating fuels ( such as fuel gas, distillate, and residual fuel oils), or lubricants; separates petroleum; or separates, cracks, or reforms unfinished derivatives. Examples of such units include, but are not limited to, alkylation units,

catalytic hydrotreating, catalytic hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic cracking, crude distillation, and thermal processes.

Plant site means all contiguous or adjoining property that is under common control, including properties that are separated only by a road or other public right

ofway Common control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, or any combination thereof.

Point of determination means each point where process wastewater exits the chemical process unit. 26 STAFF DRAFT  09/ 30/ 2005 [ Note: This subpart allows determination of the characteristics of a wastewater stream ( 1) at the point of determination, or ( 2) downstream of the point of determination if corrections are made for changes in flow rate and annual average concentration of organic wastewater compound as determined in § 60.783 of this subpart. Such changes include losses by air organic wastewater compound emissions; reduction of annual average concentration or changes in flow rate by mixing with other water or wastewater streams; and reduction in flow rate or annual average concentration by treating or otherwise handling the wastewater stream to remove or destroy organic wastewater compound.]

Primary fuel means the fuel that provides the principal heat input to a control device. To be considered primary, the fuel must be able to sustain operation without the addition of other fuels.

Process heater means a device that transfers heat liberated by burning fuel directly to process streams or to heat transfer liquids other than water.

Process line means a group of unit operations and other equipment assembled and connected by hard piping or ductwork to process raw materials and to manufacture a product, and that can operate independently of other unit operations in the CPU if supplied with sufficient raw materials and if equipped with sufficient product storage capacity. Two or more process lines may share recovery and ancillary equipment such as utilities. A process line is either an entire CPU, or one of multiple process lines which, together, are an entire CPU. All CPU have at least one process line, and some 27 STAFF DRAFT  09/ 30/ 2005 CPU have more than one process line. Process wastewater means wastewater which,

during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product,

byproduct or waste product. Examples are tank drawdown or feed tank drawdown; water formed during a chemical reaction or used as a reactant; water used to wash impurities from organic products or reactants; water used to cool or quench organic vapor streams through direct contact; water used to wash equipment between batches; and condensed steam from jet ejector systems pulling vacuum on vessels containing organic wastewater compound.

Process wastewater stream means a stream that contains process wastewater as defined in this section.

Product means a compound or chemical which is manufactured by the chemical process unit. Co products and by products are considered products. Isolated intermediates, impurities, wastes, and trace contaminants are not considered products.

Recapture device means an individual unit of equipment capable of and used for the purpose of recovering chemicals, but not normally for use, reuse, or sale. For example, a recapture device may recover chemicals primarily for disposal. Recapture devices include, but are not limited to, absorbers, carbon adsorbers, and condensers.

Recovery device means an individual unit of equipment capable of and normally used for the purpose of recovering chemicals for fuel value ( i. e., net positive heating value), use, reuse, or for sale for fuel value, use, or reuse. Examples of equipment that 28 STAFF DRAFT  09/ 30/ 2005 may be recovery devices include absorbers, carbon adsorbers, condensers, oil water separators or organic water separators, or organic removal devices such as decanters,

strippers, or thin film evaporation units. For purposes of the monitoring, recordkeeping,

and reporting requirements of this subpart, recapture devices are considered recovery devices.

Relief valve means a valve used only to release an unplanned, non routine discharge. A relief valve discharge can result from an operator error, a malfunction such as a power failure or equipment failure, or other unexpected cause that requires immediate venting of gas from process equipment in order to avoid safety hazards or equipment damage.

Research and development facility means laboratory and pilot plant operations whose primary purpose is to conduct research and development into new processes and products, where the operations are under the close supervision of technically trained personnel, and is not engaged in the manufacture of products for commercial sale, except in a de minimis manner.

Residual means any liquid or solid material containing organic wastewater compound that is removed from a wastewater stream by a waste management unit or treatment process that does not destroy organic compounds ( nondestructive unit).

Examples of residuals from nondestructive wastewater management units are: the organic layer and bottom residue removed by a decanter or organic water separator and the overheads from a steam stripper or air stripper. Examples of materials which 29 STAFF DRAFT  09/ 30/ 2005 are not residuals are: silt; mud; leaves; bottoms from a steam stripper or air stripper;

and sludges, ash, or other materials removed from wastewater being treated by destructive devices such as biological treatment units and incinerators.

Secondary fuel means a fuel fired through a burner other than the primary fuel burner that provides supplementary heat in addition to the heat provided by the primary fuel.

Sewer line means a lateral, trunk line, branch line, or other conduit including, but not limited to, grates, trenches, etc., used to convey wastewater streams or residuals to a downstream waste management unit.

Shutdown means for purposes including, but not limited to, periodic maintenance, replacement of equipment, or repair, the cessation of operation of a CPU or a reactor, air oxidation reactor, distillation unit, waste management unit, equipment required or used to comply with this subpart, or emptying and degassing of a storage vessel. Shutdown does not include the routine rinsing or washing of equipment in batch operation between batches.

Single seal system means a floating roof having one continuous seal that completely covers the space between the wall of the storage vessel and the edge of the floating roof. This seal may be a vapor mounted, liquid mounted, or metallic shoe seal.

Specific gravity monitoring device means a unit of equipment used to monitor specific gravity and having a minimum accuracy of ± 0.02 specific gravity units.

Startup means the setting into operation of a CPU or a reactor, air oxidation 30 STAFF DRAFT  09/ 30/ 2005 reactor, distillation unit, waste management unit, or equipment required or used to comply with this subpart or a storage vessel after emptying and degassing. Startup includes initial start up, operation solely for testing equipment, the recharging of equipment in batch operation, and transitional conditions due to changes in product for flexible operation units.

Start up, shutdown, and malfunction plan means the plan required under § 60.787 of this subpart. This plan details the procedures for operation and maintenance of the affected facility during periods of start up, shutdown, and malfunction.

Steam jet ejector means a steam nozzle which discharges a high velocity jet across a suction chamber that is connected to the equipment to be evacuated.

Storage vessel means a tank or other vessel that is used to store organic liquids that contain one or more of organic wastewater compound and that has been assigned,

according to the procedures in § 60.770( f) of this subpart, to a CPU that is subject to this subpart. Storage vessel does not include:

( 1) Vessels permanently attached to motor vehicles such as trucks, railcars,

barges, or ships;

( 2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without organic wastewater compound emissions to the atmosphere;

( 3) Vessels with capacities smaller than 38 cubic meters;

( 4) Vessels storing organic liquids that contain organic wastewater compound 31 STAFF DRAFT  09/ 30/ 2005 only as impurities;

( 5) Bottom receivers tanks;

( 6) Surge control vessels; or ( 7) Wastewater storage tanks.

Surface impoundment means a waste management unit which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials ( although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or waste containing free liquids. A surface impoundment is used for the purpose of treating, storing, or disposing of wastewater or residuals, and is not an injection well. Examples of surface impoundments are equalization, settling, and aeration pits, ponds, and lagoons.

Tank drawdown means any material or mixture of materials discharged from a product tank, feed tank, or intermediate tank for the purpose of removing water or other contaminants from the tank.

Temperature monitoring device means a unit of equipment used to monitor temperature and having a minimum accuracy of ( a) ± 1 percent of the temperature being monitored expressed in degrees Celsius (

C) or ( b) ± 0.5

C, whichever number is greater ( i. e., has the highest absolute value).

Treatment process means a specific technique that removes or destroys organics in a wastewater or residual stream such as a steam stripping unit, thin film evaporation unit, waste incinerator, biological treatment unit, or any other process 32 STAFF DRAFT  09/ 30/ 2005 applied to wastewater streams or residuals to comply with § 60.779 of this subpart.

Treatment processes are a subset of waste management units.

Unit operation means one or more pieces of process equipment used to make a single change to the physical or chemical characteristics of one or more process streams. Unit operations include, but are not limited to, reactors, distillation units,

extraction columns, absorbers, decanters, dryers, condensers, and filtration equipment.

Vapor mounted seal means a continuous seal that completely covers the annular space between the wall of the storage vessel or waste management unit and the edge of the floating roof and is mounted such that there is a vapor space between the stored liquid and the bottom of the seal.

Waste management unit means the equipment, structure( s), or device( s) used to convey, store, treat, or dispose of wastewater streams or residuals. Examples of waste management units include: wastewater tanks, surface impoundments, individual drain systems, and biological wastewater treatment units. Examples of equipment that may be waste management units include containers, air flotation units, oil water separators or organic water separators, or organic removal devices such as decanters, strippers,

or thin film evaporation units. If such equipment is used for recovery, then it is part of a CPU and is not a waste management unit.

Wastewater means water that:

( 1) Contains either:

( i) An annual average concentration of organic wastewater compound of at least 33 STAFF DRAFT  09/ 30/ 2005 50 ppmw at the point of determination and has an annual average flow rate of 0.02 liter per minute or greater; or ( ii) An annual average concentration of organic wastewater compound of at least 10,000 ppmw at the point of determination at any flow rate; and that ( 2) Is discarded from a CPU as defined in this section.

Wastewater is process wastewater or maintenance wastewater.

Wastewater stream means a stream that contains wastewater as defined in this subpart.

Wastewater tank means a stationary waste management unit that is designed to contain an accumulation of wastewater or residuals and is constructed primarily of nonearthen materials ( e. g., wood, concrete, steel, plastic) which provide structural support.

Wastewater tanks used for flow equalization are included in this definition.

Water seal controls means a seal pot, p leg trap, or other type of trap filled with water ( e. g, flooded sewers that maintain water levels adequate to prevent air flow through the system) that creates a water barrier between the sewer line and the atmosphere. The water level of the seal must be maintained in the vertical leg of a drain in order to be considered a water seal.

§ 60.772 Modification and reconstruction.

( a) General. The owner or operator shall follow the procedures specified in paragraphs ( b), © ) , ( d), ( f), ( g), ( h), and ( j) of this section to determine whether a DCPU that is neither a flexible operating unit nor part of a flexible operating unit has been or 34 STAFF DRAFT  09/ 30/ 2005 will be modified. The owner or operator shall follow the procedures specified in paragraphs ( b), © ) , ( e), ( f), ( g), ( h), and ( j) of this section to determine whether a DCPU that is a flexible operating unit or part of a flexible operating unit has been or will be modified. The owner or operator shall follow the procedures specified in paragraph ( k)

of this section to determine whether a DCPU has been or will be reconstructed.

Reports and records are specified in § § 60.784 and 60.785, respectively, of this subpart.

( b) Determining modification. Modification determinations are based on the DCPU. To determine whether a physical or operational change is considered a modification, the owner or operator shall follow the procedures in either paragraphs ( b)( 1) or ( b)( 2) or ( b)( 3) of this section.

( 1) Designate the physical or operational change as a modification.

( 2) Determine whether the physical or operational change constitutes a modification by evaluating whether organic wastewater compound emissions from process wastewater and aqueous in process streams increased as a result of the physical or operational change. To make this determination, the owner or operator shall follow the procedures specified in paragraph ( d) or ( e), and in paragraphs ( f), ( g),

( h), and ( j) of this section, as appropriate. Physical and operational changes that are not, by themselves, considered modifications under this subpart are listed in paragraph © ) of this section.

( 3) Prior to [ INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN 35 STAFF DRAFT  09/ 30/ 2005 THE FEDERAL REGISTER], if a physical or operational change was made to the DCPU that is not listed in © ) of this section, and a facility cannot document that a physical or operational change did not increase wastewater compound emissions or wastewater compound mass flow using the provisions of ( f)( 1) through ( 4) of this section, then a modification occurred.

© ) Physical or operational changes that are not modifications. The changes listed in this paragraph © ) shall not, by themselves, be considered modifications under this subpart regardless of any increase in the concentration, flow rate, or total annual amount of VOC in the wastewater stream. Section 60.14( e) does not apply for the purposes of this subpart.

( 1) Maintenance, repair, and replacement which the Administrator determines to be routine for a source category, subject to the provisions of § 60.15 of this part.

Replacement of spent catalyst with like catalyst is not a modification.

( 2) An increase in the hours of operation.

( 3) Physical or operational changes that cost less than 12.5 percent of the original cost of the existing DCPU as adjusted to reflect capital improvements, casualty losses, and defunct equipment. Neither account depreciation or deflation is an allowable adjustment.

( 4) The relocation or change in ownership of an existing facility.

( d) Determining organic wastewater compound emissions generated by a DCPU that is neither a flexible operation unit nor part of a flexible operation unit. For a DCPU 36 STAFF DRAFT  09/ 30/ 2005 that is neither a flexible operation unit nor part of a flexible operation unit, the owner or operator shall follow the procedures specified in paragraphs ( d)( 1) through ( 4) of this section to determine whether organic wastewater compound emissions from process wastewater and aqueous in process streams have increased or will increase after a physical or operational change has occurred. The owner or operator is required to evaluate only those process wastewater and aqueous in process streams that are affected ( i. e., changed or created) by the physical or operational change. For the purposes of this section, " affected process wastewater stream" and " affected aqueous in process stream" mean process wastewater streams and aqueous in process streams changed or created by a physical or operational change.

( 1) Identify the DCPU. Identify the DCPU that has undergone or will undergo a physical or operational change.

( 2) Determine organic wastewater compound emissions before a physical or operational change. Identify each affected process wastewater stream and each affected aqueous in process stream that is generated by the DCPU. For each affected process wastewater and aqueous in process stream, the owner or operator shall determine organic wastewater compound emissions before a physical or operational change; i. e., baseline emissions, using organic wastewater compound emissions or organic wastewater compound mass flow rate as a surrogate for organic wastewater compound emissions. Organic wastewater compound emissions and mass flow rate shall be determined as specified in paragraph ( f) of this section. The baseline organic 37 STAFF DRAFT  09/ 30/ 2005 wastewater compound emissions or baseline organic wastewater compound mass flow rate for process wastewater and aqueous in process streams shall be summed as specified in paragraph ( j) of this section.

( 3) Determine organic wastewater compound emissions after a physical or operational change. Identify each affected process wastewater stream and each aqueous in process stream that is or will be generated by the DCPU. For each affected process wastewater or aqueous in process stream, the owner or operator shall determine organic wastewater compound emissions after a physical or operational change, using organic wastewater compound emissions or organic wastewater compound mass flow rate as a surrogate for organic wastewater compound emissions.

Organic wastewater compound emissions and mass flow rate shall be determined as specified in paragraph ( f) of this section. The organic wastewater compound emissions or organic wastewater compound mass flow rate for process wastewater and aqueous in process streams shall be summed as specified in paragraph ( j) of this section.

( 4) Compare the sum of baseline organic wastewater compound emissions and the sum of organic wastewater compound emissions after a physical or operational change. ( i) Organic wastewater compound emissions. The owner or operator shall compare the sum of baseline organic wastewater compound emissions to the sum of organic wastewater compound emissions after the physical or operational change. If the sum of organic wastewater compound emissions from process wastewater and aqueous in process streams after the physical or operational change is greater than 38 STAFF DRAFT  09/ 30/ 2005 the sum of baseline organic wastewater compound emissions from process wastewater and aqueous in process streams, the organic wastewater compound emissions from process wastewater and aqueous in process streams have increased for the DCPU.

( ii) Organic wastewater compound mass flow rate as a surrogate for organic wastewater compound emissions. For process wastewater streams, the owner or operator shall compare the sum of baseline organic wastewater compound mass flow rate at the point of determination to the sum of organic wastewater compound mass flow rate at the point of determination after the physical or operational change. The owner or operator shall compare the sum of baseline organic wastewater compound mass flow rate for aqueous in process streams to the sum of organic wastewater compound mass flow rate for aqueous in process streams after the physical or operational change. If the sum of organic wastewater compound mass flow rate at the point of determination after the physical or operational change is greater than the sum of baseline organic wastewater compound mass flow rate at the point of determination,

the organic wastewater compound mass flow rate has increased and the organic wastewater compound emissions have increased for the DCPU. If the sum of organic wastewater compound mass flow rate for aqueous in process streams after the physical or operational change is greater than the sum of baseline organic wastewater compound mass flow rate of aqueous in process streams, the organic wastewater compound mass flow rate has increased and the organic wastewater compound emissions increased for the DCPU. Once a determination has been made that organic 39 STAFF DRAFT  09/ 30/ 2005 wastewater compound mass flow rate has increased, either at the point of determination or for aqueous in process streams, the owner or operator may elect not to make the other comparison.

( e) Determining organic wastewater compound emissions generated by a DCPU that is a flexible operation unit or part of a flexible operation unit. For a DCPU that is a flexible operation unit or part of a flexible operation unit, the owner or operator shall follow the procedures specified in paragraphs ( e)( 1) through ( 5) of this section to determine whether organic wastewater compound emissions from process wastewater and aqueous in process streams have increased or will increase after a physical or operational change has occurred. The owner or operator is required to evaluate only those process wastewater and aqueous in process streams that are affected ( i. e.,

changed or created) by the physical or operational change.

( 1) Identify the DCPU. Identify the DCPU that has undergone or will undergo a physical or operational change.

( 2) Select the baseline product. The owner or operator shall select a baseline product from those products that the DCPU is capable of producing without a change in physical or operational design. The owner or operator shall use best engineering judgment and consider the information specified in paragraphs ( e)( 2)( i)( A) through ( D)

of this section in identifying these products. Products the owner or operator shall not consider are specified in paragraphs ( e)( 2)( ii)( A) through © ) of this section.

( i) Products that could be produced by the DCPU. 40 STAFF DRAFT  09/ 30/ 2005 ( A) Products the DCPU currently produces.

( B) Products that the DCPU has produced in the past, provided that a change in physical or operational design has not occurred since the product was last produced.

© ) Products that the DCPU reasonably can produce without having to change the physical or operational design.

( D) Products that similar DCPU have produced.

( ii) Products that could not be produced by the CPU.

( A) Products that would require a change in the physical or operational design of the DCPU.

( B) Products which cannot reasonably be produced, including products which cannot be reasonably produced in commercially viable quantities, products which are not sold in commerce, and products for which no commercial market is reasonably foreseeable or for which there is no known use in commerce.

© ) Products for which the DCPU may have the theoretical physical capacity to produce, but for which the owner or operator does not have the technical knowledge necessary to produce that product and cannot, through exercise of reasonable due diligence, obtain the requisite technical knowledge.

( 3) Determine organic wastewater compound emissions before a physical or operational change. For each affected process wastewater and aqueous in process stream, the owner or operator shall determine organic wastewater compound emissions before a physical or operational change, i. e., baseline emissions, using organic 41 STAFF DRAFT  09/ 30/ 2005 wastewater compound emissions or organic wastewater compound mass flow rate as a surrogate for organic wastewater compound emissions. Organic wastewater compound emissions and mass flow rate shall be determined as specified in paragraph ( f) of this section. Baseline organic wastewater compound emissions shall be based on production of the baseline product. The organic wastewater compound emissions or organic wastewater compound mass flow rate for each process wastewater or aqueous in process stream shall be summed as specified in paragraph ( j) of this section.

( 4) Determine organic wastewater compound emissions after a physical or operational change. For each process wastewater and aqueous in process stream, the owner or operator shall determine the sum of organic wastewater compound emissions after a physical or operational change using organic wastewater compound emissions or organic wastewater compound mass flow rate as a surrogate for organic wastewater compound emissions. Organic wastewater compound emissions and mass flow rate shall be determined as specified in paragraph ( f) of this section. The organic wastewater compound emissions or organic wastewater compound mass flow rate for each process wastewater or aqueous in process stream shall be summed as specified in paragraph ( j) of this section. Organic wastewater compound emissions after the physical or operational change shall be based on the production of the product or products that are produced after the physical or operational change. The owner or operator may consider only the new product( s). For flexible batch operations, when baseline annual wastewater volume is based on the maximum number of batches 42 STAFF DRAFT  09/ 30/ 2005 produced per year, as in § 60.782( c)( 1), annual wastewater volume after the change must also be based on the maximum number of batches produced per year.

( 5) Compare baseline organic wastewater compound emissions and organic wastewater compound emissions after a physical or operational change.

( i) Organic wastewater compound emissions. The owner or operator shall compare the sum of baseline organic wastewater compound emissions to the sum of organic wastewater compound emissions after the physical or operational change. If the sum of organic wastewater compound emissions from process wastewater and aqueous in process streams after the physical or operational change are greater than the sum of baseline organic wastewater compound emissions from process wastewater and aqueous in process streams, the organic wastewater compound emissions from process wastewater and aqueous in process streams have increased for the DCPU.

( ii) Organic wastewater compound mass flow rate as a surrogate for organic wastewater compound emissions. The owner or operator shall compare baseline organic wastewater compound mass flow rate for process wastewater at the point of determination to organic wastewater compound mass flow rate for process wastewater at the point of determination after the physical or operational change. The owner or operator shall compare baseline organic wastewater compound mass flow rate for aqueous in process streams to organic wastewater compound mass flow rate for aqueous in process streams after the physical or operational change. If the organic wastewater compound mass flow rate for process wastewater at the point of 43 STAFF DRAFT  09/ 30/ 2005 determination after the physical or operational change is greater than the baseline organic wastewater compound mass flow rate for process wastewater at the point of determination, the organic wastewater compound mass flow rate has increased and the organic wastewater compound emissions have increased for the DCPU. If the organic wastewater compound mass flow rate for aqueous in process streams after the physical or operational change is greater than the baseline organic wastewater compound mass flow rate of aqueous in process streams, the organic wastewater compound mass flow rate has increased and the organic wastewater compound emissions have increased for the DCPU. Once a determination has been made that organic wastewater compound mass flow rate has increased, either at the point of determination or for aqueous in process streams, the owner or operator may elect not to make the other comparison.

( f) Determining organic wastewater compound emissions. Organic wastewater compound emissions shall be determined using either organic wastewater compound emissions or mass flow rate as a surrogate for organic wastewater compound emissions. Organic wastewater compound emissions and mass flow rate shall be determined on an annual average basis. The determination shall include all process wastewater streams and all aqueous in process streams that are generated by the existing DCPU or that will be generated by the DCPU after a change has occurred.

The owner or operator shall use the procedures specified in paragraph ( f)( 1), ( 2), ( 3),

or ( 4) of this section, and in paragraph ( f)( 5) of this section. 44 STAFF DRAFT  09/ 30/ 2005 ( 1) Calculate organic wastewater compound emissions using the default fraction emitted Fe for the individual drain system and the treatment process. Using Equation 1 in this paragraph, the owner or operator shall calculate organic wastewater compound emissions using the default Fe values for the individual drain system and the treatment process as specified in section 2.5.1 of appendix J to this part.

[ Equation 1] WW emissions AQ AC Fe i i n i =

=

x ( . )* * * ( * ) 526 10 4 1   Where:

WW emissions = Annual average emissions of organic wastewater compound for a process wastewater or aqueous in process stream, megagrams per year.

AQ = Annual average flow rate of the process wastewater stream or aqueous in process stream, liters per minute.

AC i = Annual average concentration of organic wastewater compound i in the process wastewater stream or aqueous in process stream, ppmw.

Fe i = Fraction emitted of organic wastewater compound i for the individual drain system and the treatment process, unitless.

Fe values for the individual drain system and the treatment 45 STAFF DRAFT  09/ 30/ 2005 process are listed in Tables 2 and 3 of appendix J to this part. Section 2.5.1 of appendix J explains which values shall be used.

i = Identifier for a compound.

n = Total number of organic wastewater compounds in process wastewater stream or aqueous in process stream.

  = Density of the process wastewater stream or aqueous inprocess stream, kilograms per liter.

5.26 x 10 4 = Conversion factor, 60 minutes per hour, 8,760 hours per year, 10

3 megagrams per kilogram, and 10  6 from the ppmw factor ( i. e.,

AC i).

( 2) Calculate organic wastewater compound emissions using site specific modeling for the individual drain system and default values ( Fet) for the biological treatment process.

( i) Using Equation 2 in this paragraph, the owner or operator shall calculate organic wastewater compound emissions using site specific modeling for the individual drain system and using default values ( Fet) for the biological treatment process as specified in § § 2.5.2 and 2.5.3 of appendix J to this part.

( ii) Equation 2. 46 STAFF DRAFT  09/ 30/ 2005 [ Equation 2] WW emissio AQ AC Fet i i ns = IDS + [( 5.26 * 10 4 )* * *( )] *   Where:

WW emissions = Annual average emissions of organic wastewater compound for a process wastewater or aqueous in process stream, megagrams per year.

IDS = Organic wastewater compound emissions from the individual drain system determined as specified in § 2.5.2 of appendix J to this part, megagrams per year.

AQ = Annual average flow rate of the process wastewater stream or aqueous in process stream, liters per minute.

AC i = Annual average concentration of organic wastewater compound i in the process wastewater stream or aqueous in process stream, ppmw.

Fet i = Fraction emitted of organic wastewater compound i for the biological treatment process, unitless. Fet values shall be determined as specified in § 2.5.3 of appendix J to this part.

i = Identifier for a compound.

n = Total number of organic wastewater compound in process 47 STAFF DRAFT  09/ 30/ 2005 wastewater stream or aqueous in process stream.

  = Density of the process wastewater stream or aqueous inprocess stream, kilograms per liter.

5.26 x 10 4 = Conversion factor, 60 minutes per hour, 8,760 hours per year, 10

3 megagrams per kilogram, and 10  6 from the ppmw factor ( i. e.,

AC i).

( 3) Calculate organic wastewater compound emissions using site specific modeling for the individual drain system and site specific determination for the nonbiological treatment process.

( i) Using Equation 3 in this paragraph, the owner or operator shall calculate organic wastewater compound emissions using site specific modeling for the individual drain system and the non biological treatment process specified in section 2.5.2 of appendix J to this part and in § 60.779( j)( 1) of this subpart.

( ii) Equation 3.

[ Equation 3] WW emissions = IDS + TP Where:

WW emissions = Annual average emissions of organic wastewater compound for a process wastewater or aqueous in process stream, megagrams per year. 48 STAFF DRAFT  09/ 30/ 2005 IDS = Organic wastewater compound emissions from the individual drain system determined as specified in § 2.5.2 of appendix J to this part, megagrams per year.

TP = Organic wastewater compound emissions from the treatment process determined as specified in § 60.779( j)( 1) of this subpart, megagrams per year.

( 4) Determining annual average organic wastewater compound mass flow rate as a surrogate for organic wastewater compound emissions.

( i) Using Equation 4 in this paragraph, the owner or operator shall calculate the organic wastewater compound mass flow rate.

[ Equation 4] QMW ACi i n =

=

AQ ( . * ) * * * 526 10 4 1   Where:

QMW = Mass flow rate of organic wastewater compound for a process wastewater or aqueous in process stream, 49 STAFF DRAFT  09/ 30/ 2005 megagrams per year.

AQ = Annual average flow rate of the process wastewater stream or aqueous in process stream, liters per minute.

AC i = Annual average concentration of organic wastewater compound i in the process wastewater stream or aqueous in process stream, ppmw.

i = Identifier for a compound.

n = Total number of organic wastewater compounds in the process wastewater stream or aqueous in process stream.

  = Density of the process wastewater stream or aqueous inprocess stream, kilograms per liter.

5.26 x 10 4 = Conversion factor, 60 minutes per hour, 8,760 hours per year, 10

3 megagrams per kilogram, and 10  6 from the ppmw factor ( i. e.,

AC i).

( 5) General. The owner or operator shall comply with paragraphs ( f)( 5)( i)

through ( iii) of this section.

( i) Determine annual average concentration as specified in paragraph ( g) of this section.

( ii) Determine annual average flow rate as specified in paragraph ( h) of this section. 50 STAFF DRAFT  09/ 30/ 2005 ( iii) Determine a stream specific list of organic wastewater compound as specified in § 60.778 © ) and ( e) of this subpart when making determinations based on individual compounds.

( g) Determining annual average concentration for a process wastewater stream or aqueous in process stream. The annual average concentration shall be a flowweighted average representative of actual or anticipated operation of the DCPU generating the process wastewater or aqueous in process stream generated by the DCPU over the designated 12 month period. Flow weighted annual average concentration for organic wastewater compound shall be calculated as the total mass of organic wastewater compound occurring in the process wastewater stream or aqueous in process stream during the 12 month period divided by the total mass of the process wastewater stream or aqueous in process stream during the same 12 month period.

The owner or operator shall determine the annual average concentration as specified in either paragraph ( g)( 1) or ( 2) of this section. The owner or operator is required to consider only organic wastewater compounds included on the stream specific list of organic wastewater compounds when measuring organic wastewater compound concentrations.

( 1) Organic wastewater compound emissions. When an owner or operator is determining concentration as part of determining annual average organic wastewater compound emissions under paragraph ( f)( 1), ( 2), or ( 3) of this section, use the procedures in paragraphs ( g)( 1)( i) through ( iii) of this section. 51 STAFF DRAFT  09/ 30/ 2005 ( i) For process wastewater streams, the annual average concentration shall be determined either at the point of determination or downstream of the point of determination, with adjustment for concentration changes made according to § 60.782( b)( 6) of this subpart if a point downstream of the point of determination is used. For aqueous in process streams, the annual average concentration shall be determined before the point of determination and shall be adjusted for any losses of organic wastewater compound to the atmosphere and for dilution.

( ii) The procedures specified in § 60.782( b), except for paragraph ( b)( 5)( i)( A), of this subpart shall be used for determining the annual average concentration. The procedures specified in § 60.782( b) of this subpart may be used in combination, and no one procedure shall take precedence over another.

( iii) If sampling, a minimum of three wastewater samples from each process wastewater stream or aqueous in process stream shall be taken. Samples may be grab samples or composite samples.

( iv) Concentration values that are not determined using Method 25D may be adjusted with the chemical's Fm value. Chemical specific Fm factors shall be determined as specified in Appendix J to this part. When Fm adjustments are made,

they shall be used for all compounds and in all instances for the purpose of this section.

( 2) Organic wastewater compound mass flow rate. When an owner or operator is determining concentration as part of determining annual average organic wastewater 52 STAFF DRAFT  09/ 30/ 2005 compound mass flow rate under paragraph ( f)( 4) of this section, the procedures specified in paragraph ( g)( 2)( i) through ( iii) of this section shall be used.

Measurements shall be taken at the point of determination.

( i) Method 25D of 40 CFR part 60, appendix A shall be used to determine annual average concentration.

( ii) A minimum of three wastewater samples from each process wastewater stream or aqueous in process stream shall be taken. Samples may be grab samples or composite samples.

( iii) The owner or operator may use bench scale or pilot scale data as described in § 60.782 ( b)( 4) if it results from sampling and analysis according to ( g)( 2)( i) and ( ii),

above.

( h) Determining annual average flow rate for a process wastewater stream or aqueous in process stream. The annual average flow rate shall be representative of the process wastewater stream or aqueous in process stream generated by the DCPU over the designated 12 month period. The owner or operator shall consider the total annual average wastewater volume generated by the DCPU. The owner or operator shall determine the annual average flow rate using the procedures specified in paragraphs ( h)( 1) and ( 2) of this section.

( 1) For process wastewater streams, the annual average flow rate shall be determined either at the point of determination or downstream of the point of determination, with adjustment for flow rate changes made according to § 60.782( c)( 4) 53 STAFF DRAFT  09/ 30/ 2005 of this subpart if a point downstream of the point of determination is used. For aqueous in process streams, the annual average flow rate shall be determined before the point of determination, and the owner or operator shall make corrections if streams are mixed or treated before being measured.

( 2) The procedures in § 60.782( c)( 1) through ( 3) of this subpart are considered acceptable procedures for determining flow rate. The procedures in § 60.782( c)( 1)

through ( 3) of this subpart may be used in combination, and no one procedure shall take precedence over another.

( i) [ Reserved]

( j) Sum organic wastewater compound emissions generated by the DCPU.

( 1) Organic wastewater compound emissions. Sum the annual average organic wastewater compound emissions, as calculated in paragraph ( f)( 1) through( 3) of this section, for each process wastewater stream and each aqueous in process stream affected by the physical or operational change to determine the annual average organic wastewater compound emissions for the DCPU.

( 2) Organic wastewater compound mass flow rate. Sum the annual average organic wastewater compound mass flow rate, as calculated in paragraph ( f)( 4) of this section, for each process wastewater stream affected by the physical or operational change to determine the annual average organic wastewater compound mass flow rate for the DCPU. Sum the annual average organic wastewater compound mass flow rate, 54 STAFF DRAFT  09/ 30/ 2005 as calculated in paragraph ( f)( 4) of this section, for each aqueous in process stream affected by the physical or operational change to determine the annual average organic wastewater compound mass flow rate for the DCPU. Once a determination has been made that organic wastewater compound emissions have increased, the owner or operator may elect not to make the other comparison.

( k) Reconstruction. For the purposes of this subpart, " fixed capital cost of the new components," as used in § 60.15 of this part, includes the fixed capital cost of all depreciable components which are replaced within any 2 year rolling period following September 12, 1994. Replacement costs shall be charged to the first day the owner or operator incurred any expenses involving the actual work of replacement; i. e., the DCPU has had either components removed in preparation for the replacements or components added as replacements. When replacement of components, e. g.,

replacing a distillation column, is reasonably viewed as a project, the cost of the entire project shall be charged to the first day the owner or operator incurred any expenses involving the actual work of replacement.

§ 60.773 Process wastewater provisions  General.

( a) Process wastewater  general. This paragraph ( a) specifies the requirements applicable to process wastewater streams located at affected facilities.

The owner or operator shall comply with the requirements in paragraphs ( a)( 1) through ( 3) of this section, no later than the applicable dates specified in § 60.770 of this subpart. 55 STAFF DRAFT  09/ 30/ 2005 ( 1) Determine wastewater streams to be controlled. Determine whether each wastewater stream requires control for organic wastewater compound by following the requirements in either paragraph ( b) of this section, determining Group 1 or Group 2, or paragraph © ) of this section, designating Group 1, and comply with the requirements in paragraph ( d) of this section.

( 2) Requirements for Group 1 wastewater streams. For wastewater streams that are Group 1, comply with paragraphs ( a)( 2)( i) through ( v) of this section.

( i) Comply with the applicable requirements for wastewater tanks, surface impoundments, containers, individual drain systems, and oil water separators as specified in § 60.774 of this subpart.

( ii) Comply with the applicable requirements for control of organic wastewater compound for treatment processes and the test methods and procedures to determine compliance as specified in § § 60.779 and 60.783 of this subpart. Alternatively, the owner or operator may elect to comply with the treatment provisions specified in paragraph ( e) of this section.

( iii) Comply with the applicable control device, leak inspection, and delay of repair provisions as specified in § § 60.780, 60.786, and 60.777 of this subpart, unless otherwise specified in this subpart.

( iv) Comply with the applicable monitoring requirements specified in § 60.781 of this subpart, unless otherwise specified in this subpart.

( v) Comply with the applicable reporting and recordkeeping requirements 56 STAFF DRAFT  09/ 30/ 2005 specified in § § 60.784 and 60.785 of this subpart, unless otherwise specified in this subpart.

( 3) Requirements for Group 2 wastewater streams. For wastewater streams that are Group 2, comply with the applicable reporting and recordkeeping requirements specified in § § 60.784( c)( 15) and 60.785( c)( 9) of this subpart.

( b) How to determine Group 1 or Group 2 status. This paragraph ( b) provides instructions for determining whether a process wastewater stream is Group 1 or Group 2. Annual average concentration shall be determined according to the procedures specified in § 60.782( b) of this subpart. Annual average flow rate shall be determined according to the procedures specified in § 60.782 © ) of this subpart.

( 1) A wastewater stream is a Group 1 wastewater stream if:

( i) The annual average concentration of organic wastewater compound is greater than or equal to 10,000 ppmw at any flow rate; or ( ii) The annual average concentration of organic wastewater compound is greater than or equal to 500 ppmw and the annual average flow rate is greater than or equal to 1 liter per minute.

( 2) A wastewater stream is a Group 2 wastewater stream if it is not a Group 1 wastewater stream by the criteria in paragraph ( b)( 1) of this section.

© ) How to designate a Group 1 wastewater stream. The owner or operator may elect to designate a wastewater stream as a Group 1 wastewater stream in order to comply with paragraph ( a)( 1) of this section. To designate a wastewater stream or a 57 STAFF DRAFT  09/ 30/ 2005 mixture of wastewater streams as a Group 1 wastewater stream, the procedures specified in paragraphs ( c)( 1) and ( 2) of this section and § 60.782( a)( 2) of this subpart shall be followed.

( 1) From the point of determination for each wastewater stream that is included in the Group 1 designation to the location where the owner or operator elects to designate such wastewater stream( s) as a Group 1 wastewater stream, the owner or operator shall comply with all applicable emission suppression requirements specified in § 60.774 of this subpart.

( 2) From the location where the owner or operator designates a wastewater stream or mixture of wastewater streams to be a Group 1 wastewater stream, such Group 1 wastewater stream shall be managed in accordance with all applicable emission suppression requirements specified in § 60.774 of this subpart and with the treatment requirements in § 60.779 of this subpart.

( d) Owners or operators shall not discard liquid or solid organic materials containing greater than 10,000 parts per million of organic wastewater compound ( as determined by analysis of the stream composition, engineering calculations, or process knowledge) from a CPU to water or wastewater, unless the receiving stream is managed and treated in accordance with the waste management provisions in § 60.774 and the treatment process provisions in § 60.779( a) through ( k). This prohibition does not apply to materials from the activities listed in paragraphs ( d)( 1) through ( d)( 4) of this section. 58 STAFF DRAFT  09/ 30/ 2005 ( 1) Equipment leaks;

( 2) Activities included in maintenance or startup, shutdown, and malfunction plans;

( 3) Spills; or ( 4) Samples of a size not greater than reasonably necessary for the method of analysis that is used.

( e) Off site or third party treatment. The owner or operator may elect to transfer a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream to an on site treatment operation not owned or operated by the owner or operator of the affected facility generating the wastewater stream or residual, or to an off site treatment operation.

( 1) The owner or operator transferring the wastewater stream or residual shall:

( i) Comply with the provisions specified in § 60.774 of this subpart for each waste management unit that receives or manages a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream prior to shipment or transport.

( ii) Include a notice, as specified in § 60.784( h)( 3) of this subpart, with the shipment or transport of each Group 1 wastewater stream or residual removed from a Group 1 wastewater stream. The notice shall be retained by the owner or operator as specified in § 60.785( d) of this subpart.

( 2) The owner or operator may not transfer the wastewater stream or residual 59 STAFF DRAFT  09/ 30/ 2005 unless the transferee has submitted to EPA a written certification, as specified in § 60.784( h)( 4) of this subpart, that the transferee will manage and treat any Group 1 wastewater stream or residual removed from a Group 1 wastewater stream received from an affected facility subject to the requirements of this subpart, in accordance with the requirements of either § § 60.774 through 60.786 of this subpart, or § 60.787( b) of this subpart if alternative emission limitations have been granted the transferor in accordance with those provisions. The certification shall be retained by the owner or operator as specified in § 60.785( d) of this subpart. The certifying entity may revoke the written certification by sending a written statement to EPA and the owner or operator giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the regulatory provisions listed in this paragraph.

Upon expiration of the notice period, the owner or operator may not transfer the wastewater stream or residual to the treatment operation.

( i) By providing this written certification to EPA, the certifying entity accepts responsibility for compliance with the regulatory provisions listed in paragraph ( e)( 2) of this section with respect to any shipment of wastewater or residual covered by the written certification. Failure to abide by any of those provisions with respect to such shipments may result in enforcement action by EPA against the certifying entity in accordance with the enforcement provisions applicable to violations of these provisions by owners or operators of affected facilities.

( ii) Written certifications and revocation statements, to EPA from the transferees 60 STAFF DRAFT  09/ 30/ 2005 of wastewater or residuals, shall be signed by a responsible official of the certifying entity, provide the name and address of the certifying entity, and be sent to the appropriate EPA Regional Office. Such written certifications are not transferable by the treater.

§ 60.774 Wastewater tank, surface impoundment, container, individual drain system,

and oil water separator provisions.

( a) General requirements. For each waste management unit that receives,

manages, treats, or otherwise handles one or more of the wastewater streams or residuals listed in paragraphs ( a)( 1) through ( 4) of this section, the owner or operator shall comply with one of the reference rules listed in Table 3a to this subpart; shall comply with paragraphs ( b) through ( k) of this section; and shall comply with Tables 3b,

4, 5a, and 5b to this subpart. Different compliance control requirements may be used for each waste management unit.

( 1) Group 1 wastewater stream;

( 2) Residual taken from a Group 1 wastewater stream;

( 3) Group 1 and Group 2 wastewater stream, when complying with the 95 percent required mass removal ( RMR) option for biological treatment processes in § 60.779( g) of this subpart; and ( 4) Group 1 wastewater streams controlled or partially controlled, and not counted toward the 5 Mg exemption, when complying with § 60.779( m) of this subpart.

( b) Reference rules. The reference rules are listed in Table 3a to this subpart 61 STAFF DRAFT  09/ 30/ 2005 and in paragraphs ( b)( 1) through ( 5) of this section. Table 3b to this subpart lists provisions in the reference rules and provisions of this subpart that shall be used to achieve compliance with this subpart.

( 1) HON. " National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry," also known as the " HON," is located in 40 CFR part 63, subparts F and G. The HON may be used to comply for all five types of waste management units: wastewater tanks, surface impoundments, containers, individual drain systems, and oil water separators.

( 2) Standard standards. The four subparts in 40 CFR part 63 known as the standard standards are referenced by this subpart and are listed in paragraphs ( b)( 2)( i)

through ( iv) of this section. The standard standards may be used for four types of waste management units: surface impoundments, containers, individual drain systems,

and oil water separators.

( i) " National Emission Standards for Containers" is located in 40 CFR part 63,

subpart PP;

( ii) " National Emission Standards for Surface Impoundments" is located in 40 CFR part 63, subpart QQ;

( iii) " National Emission Standards for Individual Drain Systems" is located in 40 CFR part 63, subpart RR; and ( iv) " National Emission Standards for Oil Water Separators and Organic Water Separators" is located in 40 CFR part 63, subpart VV. 62 STAFF DRAFT  09/ 30/ 2005 ( 3) [ Reserved]

( 4) Resource Conservation and Recovery Act ( RCRA), subpart CC. " Air Emission Standards for Tanks, Surface Impoundments, and Containers" are located in 40 CFR part 264, subpart CC and 40 CFR, part 265, subpart CC. The RCRA, subpart CC rules may be used to comply for three types of waste management units:

wastewater tanks, surface impoundments, and containers.

( 5) Benzene Waste NESHAP. " National Emission Standard for Benzene Waste Operations" is located in 40 CFR part 61, subpart FF. The Benzene Waste rule may be used to comply for all five types of waste management units: wastewater tanks,

surface impoundments, containers, individual drain systems, and oil water separators.

© ) Control criteria for wastewater tanks. The owner or operator shall comply with the appropriate control requirement for wastewater tanks, as specified in Table 4 of this subpart, based on maximum true vapor pressure as defined in § 60.771, and tank capacity.

( d) Definitions. When definitions differ between this subpart and a reference rule, the definitions in this subpart shall apply. If a term in the reference rule is not defined in this subpart, the definition from the applicable reference rule shall apply.

( e) Conforming terms and conforming references. Tables 5a and 5b to this subpart list terms and references that must be substituted for those used in the reference rule.

( f) Exceptions to the HON. The exceptions in paragraphs ( f)( 1) through ( 4) of 63 STAFF DRAFT  09/ 30/ 2005 this section apply to the HON for the purposes of complying with this subpart.

( 1) Pressure relief devices. The following exceptions apply to the provisions of 40 CFR 63.133 through 63.137.

( i) Waste management units may be equipped with pressure relief devices that vent directly to the atmosphere, provided the pressure relief device is not used for planned or routine venting of organic wastewater compound emissions.

( ii) All pressure relief devices shall remain in a closed position at all times except when it is necessary for the pressure relief device to open for the purpose of preventing physical damage or permanent deformation of the waste management unit in accordance with good engineering and safety practices.

( 2) Individual drain systems. The following exceptions apply to the provisions of 40 CFR 63.136.

( i) Lift stations otherwise compliant with the junction box standards found in 40 CFR 63.136 ( e)( 2)( ii) are not required to comply with 40 CFR 63.136 ( e)( 2)( ii)( A), but may have openings necessary for proper venting of the lift station, such as a pressure/ vacuum vent or a j pipe vent.

( ii) The provisions of 40 CFR 63.136 ( e)( 3) apply except that a sewer line connected to drains that are in compliance with 40 CFR 63.136 ( e)( 1) may be vented to the atmosphere, provided that the sewer line entrance to the first downstream junction box is water sealed and the sewer line vent pipe is designated as specified in 40 CFR 63.136 ( e)( 2)( ii)( A). 64 STAFF DRAFT  09/ 30/ 2005 ( 3) Reports  Notification of Compliance Status. When information is required to be reported according to 40 CFR 63.152( b) in the Notification of Compliance Status,

the information shall be reported in the Notification of Compliance Status required by § 60.784 © ) of this subpart.

( 4) Reports  periodic reports. When information is required to be reported according to 40 CFR 63.152 © ) in the Periodic Report, the information shall be reported in the semiannual report required by § 60.784( d) of this subpart.

( g) Exceptions to the Standard standards. The exceptions in paragraphs ( g)( 1)

through ( 7) of this section apply to the standard standards for the purposes of complying with this subpart.

( 1) Containers. Containers with a design capacity greater than 0.42 m3 shall be Level 2 containers. Containers with a design capacity greater than or equal to 0.1 m3 and less than or equal to 0.42 m3 shall be Level 1 containers. Storage units with capacities less than 0.1 m3 are not containers for the purposes of this subpart. The requirements for Level 3 containers do not apply.

( 2) Surface impoundments that use a floating membrane cover  inspection and monitoring provisions. When the inspection provisions specified in 40 CFR 63.946( a)

are referenced in 40 CFR 63.942, the requirements of 40 CFR 63.946( a)( 3) and ( 4) do not apply. Instead, the requirements of 60.786 ( d) of this subpart apply.

( 3) Surface impoundments equipped with a cover and vented through a closedvent system  inspection and monitoring provisions. When the inspection provisions 65 STAFF DRAFT  09/ 30/ 2005 specified in 40 CFR 63.946( b) are referenced in 40 CFR 63.943, the requirements of 40 CFR 63.946( b)( 1)( iii), ( b)( 1)( iv), and ( b)( 2) do not apply. Instead, the requirements of 60.786 ( d) of this subpart apply.

( 4) Oil water separators. For portions of the separator where it is infeasible to install and operate a floating roof, such as over a weir mechanism, the owner or operator shall comply with 40 CFR 63.1044.

( 5) Oil water separators equipped with a fixed roof  inspection provisions.

When the inspection provisions specified in 40 CFR 63.1047( a) are referenced in 40 CFR 63.1042( d), the requirements of 40 CFR 63.1047( a)( 3) and ( 4) do not apply.

Instead, the requirements of 60.786 ( d) of this subpart apply.

( 6) Oil water separators equipped with a floating roof  inspection provisions.

When the inspection provisions specified in 40 CFR 63.1047( b) are referenced in 40 CFR 63.1043( d), the requirements of 40 CFR 63.1047( b)( 1)( iv), ( b)( 1)( v), ( b)( 2)( iii), and ( b)( 2)( iv) do not apply. Instead, the requirements of 60.786 ( d) of this subpart apply.

( 7) Oil water separators equipped with a fixed roof and vented through a closedvent system to a control device  inspection provisions. When the inspection provisions specified in 40 CFR 63.1047 © ) are referenced in 40 CFR 63.1044( d), the requirements of 40 CFR 63.1047( c)( 1)( iii), ( c)( 1)( iv), and ( c)( 2) do not apply. Instead, the requirements of 60.786 ( d) of this subpart apply.

( h) [ Reserved]

( i) Exceptions to RCRA 40 CFR part 264, subpart CC. The exceptions in 66 STAFF DRAFT  09/ 30/ 2005 paragraphs ( i)( 1) through ( 4) of this section apply to RCRA 40 CFR part 264, subpart CC for the purposes of complying with this subpart.

( 1) 40 CFR 264.1084( a) and ( j), 264.1085( a) and ( e), and 264.1086( a) and ( d)( 2) do not apply.

( 2) Inspection and monitoring. When 40 CFR 264.1088( b) requires that " the owner or operator shall incorporate this plan and schedule into the facility inspection plan required under 40 CFR 264.15," the written plan and schedule required by paragraph 40 CFR 264.1088( b) shall be submitted as part of the Notification of Compliance Status required by § 60.784 © ) .

( 3) Recordkeeping. When complying with the recordkeeping provisions specified in 40 CFR 264.1089, the provisions of paragraphs ( a), ( e)( 1)( iii), ( f), ( h), ( i),

and ( j) of 40 CFR 264.1089 shall not apply because the provisions of these paragraphs are not related to waste management units or closed vent systems and control devices.

( 4) Reporting. When complying with the reporting provisions specified in 40 CFR 264.1090, the provisions of paragraph ( a) of 40 CFR 264.1090 shall not apply because the provisions of this paragraph are not related to waste management units or closed vent systems and control devices.

( j) Exceptions to RCRA 40 CFR part 265, subpart CC. The exceptions in paragraphs ( j)( 1) through ( 4) of this section apply to RCRA 40 CFR part 265, subpart CC for the purposes of complying with this subpart.

( 1) 40 CFR 265.1085( a) and ( j), 265.1086( a) and ( e), and 265.1087( a) and 67 STAFF DRAFT  09/ 30/ 2005 ( d)( 2) do not apply.

( 2) Inspection and monitoring. When 40 CFR 265.1089( b) requires that " the owner or operator shall incorporate this plan and schedule into the facility inspection plan required under 40 CFR 265.15," the written plan and schedule required by paragraph 40 CFR 265.1089( b) shall be submitted as part of the Notification of Compliance Status required by § 60.784 © ) .

( 3) Recordkeeping. When complying with the recordkeeping provisions specified in 40 CFR 265.1090, the provisions of paragraphs ( a), ( e)( 1)( iii), ( f), ( h), ( i),

and ( j) of 40 CFR 265.1090 shall not apply because the provisions of these paragraphs are not related to waste management units or closed vent systems and control devices.

( 4) Reporting. When complying with the reporting provisions specified in 40 CFR 264.1090, the provisions of paragraph ( a) of 40 CFR 264.1090 shall not apply because the provisions of this paragraph are not related to waste management units or closed vent systems and control devices.

( k) Exceptions to Benzene Waste NESHAP. The exceptions in paragraphs ( k)( 1) through ( 5) of this section apply to Benzene Waste, 40 CFR part 61, subpart FF for the purposes of complying with this subpart.

( 1) The provisions of 40 CFR 61.342( c)( 1)( ii), as cited in the phrase " in which the waste stream is placed in accordance with 40 CFR 61.342( c)( 1)( ii)" in 40 CFR 61.343 through 61.347, shall not apply.

( 2) When cited in 40 CFR 61.349( a)( 2)( iv)( A), the phrase " or shall recover or 68 STAFF DRAFT  09/ 30/ 2005 control the benzene emissions vented to it with an efficiency of 98 weight percent or greater" shall not apply.

( 3) When cited in 40 CFR 61.349( a)( iv)( B), the phrase " or 98 percent or greater for benzene" shall not apply.

( 4) Recordkeeping. When complying with the recordkeeping provisions specified in 40 CFR 61.356, the provisions of paragraphs ( a), ( b), © ) , ( e), ( f), ( i), ( k),

and ( l) of 40 CFR 61.356 shall not apply. The provisions of these paragraphs do not apply because they are not related to waste management units or closed vent systems and control devices.

( 5) Reporting. When complying with the reporting provisions specified in 40 CFR 61.357, the provisions of paragraphs ( a), ( b), © ) , ( d)( 1) through ( 5), ( d)( 7)( i)

through ( iii), ( e), ( f), and ( g) of 40 CFR 61.357 shall not apply. The provisions of these paragraphs do not apply because they are not related to waste management units or closed vent systems and control devices.

§ 60.775 Control requirements for aqueous in process streams.

( a) The owner or operator shall comply with the provisions of Table 6 to this subpart, for each item of equipment meeting all the criteria specified in paragraphs ( b)

through ( d) of this section and either paragraph ( e)( 1) or ( 2) of this section.

( b) The item of equipment is of a type identified in Table 6 to this subpart;

© ) The item of equipment is part of an affected facility subject to this subpart;

( d) The item of equipment is controlled less stringently than in Table 6 to this 69 STAFF DRAFT  09/ 30/ 2005 subpart and is not listed in § 60.770 ( d)( 4) of this subpart, and the item of equipment is not otherwise exempt from controls by the provisions of this subpart or subpart A of this part; and ( e) The item of equipment:

( 1) Is a drain, drain hub, manhole, lift station, trench, pipe, or oil water separator that conveys water with an annual average concentration greater than or equal to 10,000 of organic wastewater compound at any flow rate; or an annual average concentration greater than or equal to 500 ppmw of organic wastewater compound at an annual average flow rate greater than or equal to 1 liter per minute where the aqueous in process stream characteristics shall be determined according to the procedures in § 60.782 ( b) and © ) of this subpart; or ( 2) Is a tank that receives one or more streams that contain water with an annual average concentration greater than or equal to 500 parts per million by weight of organic wastewater compound at an annual average flow rate greater than or equal to 1 liter per minute. The owner or operator of the affected facility shall determine the characteristics of the stream as specified in paragraphs ( e)( 2)( i) and ( ii) of this section.

( i) The characteristics of the stream being received shall be determined at the inlet to the tank.

( ii) The characteristics shall be determined according to the procedures in § 60.782( b) and © ) of this subpart.

§ 60.776 Maintenance wastewater requirements. 70 STAFF DRAFT  09/ 30/ 2005 ( a) Each owner or operator of an affected facility subject to this subpart shall comply with the requirements of paragraphs ( b) through ( d) of this section for maintenance wastewater containing organic wastewater compound.

( b) The owner or operator shall prepare a description of maintenance procedures for management of maintenance wastewater generated from the clearing and cleaning of equipment in the process during temporary shutdowns for inspections,

maintenance, and repair ( i. e., a maintenance turnaround) and during periods which are not shutdowns ( i. e., routine maintenance). The descriptions shall be as follows:

( 1) Specify the process equipment, type of process equipment, or maintenance task( s) that are anticipated to create wastewater during maintenance activities.

( 2) Specify the procedures that will be followed to properly manage the wastewater to limit organic wastewater compound emissions to the atmosphere; and ( 3) Specify the procedures to be followed when emptying and purging and any other activities to remove materials from process equipment.

© ) The owner or operator shall modify and update the information required by paragraph ( b) of this section as needed to reflect new or revised equipment or procedures.

( d) The owner or operator shall maintain a record of the information required by paragraphs ( b) and © ) of this section, as required by § 60.785( c)( 16) of this subpart.

§ 60.777 Delay of repair.

( a) Delay of repair of equipment for which a control equipment failure or a gap, 71 STAFF DRAFT  09/ 30/ 2005 crack, tear, or hole has been identified, is allowed if the repair is technically infeasible without a shutdown, as defined in § 60.771 of this subpart, or if the owner or operator determines that organic wastewater compound emissions of purged material from immediate repair would be greater than the organic wastewater compound emissions likely to result from delay of repair. Repair of this equipment shall occur by the end of the next shutdown.

( b) Delay of repair of equipment for which a control equipment failure or a gap,

crack, tear, or hole has been identified, is allowed if the equipment is emptied or is no longer used to treat or manage Group 1 wastewater streams or residuals removed from Group 1 wastewater streams.

© ) Delay of repair of equipment for which a control equipment failure or a gap,

crack, tear, or hole has been identified is also allowed if additional time is necessary due to the unavailability of parts beyond the control of the owner or operator. Repair shall be completed as soon as practical. The owner or operator who uses this provision shall comply with the requirements of § 60.785( c)( 7) of this subpart to document the reasons that the delay of repair was necessary.

§ 60.778 Stream specific list of organic wastewater compound determination.

( a) General. This section specifies how to determine a stream specific list of organic wastewater compound for a process wastewater stream or in process aqueous stream. A stream specific list of organic wastewater compound is required when speciation is used for compliance demonstration ( i. e., performance tests, design 72 STAFF DRAFT  09/ 30/ 2005 evaluations, and ranges of parameters set for monitoring) and for determining if an organic wastewater compound emissions increase has occurred for modification determinations. A stream specific list may also be used for Group 1 and Group 2 determinations.

( b) Test methods for determining organic wastewater compound concentration.

The owner or operator shall use one of the test methods that speciates compounds and is specified in § 60.782( b)( 5) of this subpart to determine concentration. For process wastewater streams, the annual average concentration shall be determined either at the point of determination or downstream of the point of determination, with adjustment for concentration changes made according to § 60.782( b)( 6) of this subpart if a point downstream of the point of determination is used. For aqueous in process streams, the annual average concentration shall be determined before the point of determination and shall be adjusted for any losses of organic wastewater compound to the atmosphere and for dilution.

© ) Compounds that may be excluded from the stream specific list of organic wastewater compound. Compounds that meet the requirements specified in paragraph ( c)( 1), ( 2), or ( 3) of this section are not required to be included in the stream specific list of organic wastewater compound. The owner or operator shall use one of the methods specified in § 60.782( b)( 5) of this subpart to determine concentration.

( 1) Compounds not used or produced by the CPU.

( 2) Compounds with concentrations at the point of determination that are below 73 STAFF DRAFT  09/ 30/ 2005 1 ppmw.

( 3) Compounds with concentrations at the point of determination that are below the lower detection limit, where the lower detection limit is greater than 1 ppmw. The method used for determining concentration shall be an analytical method for wastewater which has the compound of interest as a target analyte.

( d) Create stream specific list of organic wastewater compound for Group 1 and Group 2 determinations and modifications. The owner or operator shall include those individual organic wastewater compounds with the greatest mass on the streamspecific list of organic wastewater compound until at least 90 percent of the total mass of organic wastewater compound in the process wastewater stream is accounted for, or until the 75 compounds with the greatest mass are accounted for, except as provided by paragraph © ) of this section. If the compounds on the stream specific list of organic wastewater compound do not represent at least 90 percent of total organic wastewater compound or the 75 compounds with the greatest mass, Method 25D in appendix A to this part shall be used to determine annual average organic wastewater compound concentration.

( e) Create stream specific list of organic wastewater compound for compliance demonstrations. The owner or operator shall develop a stream specific list of organic wastewater compounds according to paragraphs ( 1),( 2), or ( 3) below.

( 1) For the owner or operator that can identify at least 90 percent, by mass, of the organic wastewater compound in the wastewater stream or aqueous in process 74 STAFF DRAFT  09/ 30/ 2005 stream, the individual organic wastewater compounds that are 5 percent, by mass, or greater are required to be included on the list. If less than half of the total organic wastewater compounds in the wastewater are represented by the compounds with a mass of 5 percent or greater, the owner or operator shall include those individual organic wastewater compounds with the greatest mass on the stream specific list of organic wastewater compounds until 75 compounds or every compound, whichever is fewer, are included on the list, except as provided by paragraph © ) of this section. The owner or operator shall document that the site specific list of VOC is representative of the process wastewater stream and forms the basis of a good compliance determination.

( 2) For the owner or operator that cannot identify at least 90 percent but can identify at least 50 percent, by mass, of the organic wastewater compound in the wastewater stream, the individual organic compounds with the greatest mass on a stream specific list of organic wastewater compound up to 75 compounds or every compound, whichever is fewer, are to be included on the list, except as provided by paragraph © ) of this section. The owner or operator shall document that the sitespecific list of VOC is representative of the process wastewater stream and forms the basis of a good compliance determination.

( 3) For the owner or operator that cannot identify at least 50 percent, by mass,

of the organic wastewater compound in the process wastewater stream, one of the following compliance options shall be used to treat the process wastewater stream: 75 STAFF DRAFT  09/ 30/ 2005 ( i) The design steam stripper option in § 60.779( d) of this subpart; or ( ii) The 95 percent mass removal with outlet concentration of 50 ppmw option in § 60.779( e)( 2) of this subpart; or ( iii) The steam stripper option in § 60.779( e)( 3) of this subpart.

( iv) The percent mass removal/ destruction option in § 60.779 ( e)( 1) using combustion compliance demonstration described in § 60.783 ( d)( 10).

( v) The RMR option in 60.779 ( g) for biological treatment using the nonspeciated bio method in Appendix C of Part 63.

§ 60.779 Process wastewater provisions  Performance standards for treatment processes managing Group 1 wastewater streams and/ or residuals removed from Group 1 wastewater streams.

( a) This section specifies the performance standards for treating process wastewater streams that are Group 1 wastewater streams. The owner or operator shall comply with the requirements as specified in paragraphs ( a)( 1) through ( 8) of this section. Where multiple compliance options are provided, the options may be used in combination for different wastewater streams and/ or for different compounds in the same wastewater streams, except where otherwise provided in this section. Once a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream has been treated in accordance with this subpart, it is no longer subject to the requirements of this subpart.

( 1) Control options: Group 1 wastewater streams. The owner or operator shall 76 STAFF DRAFT  09/ 30/ 2005 comply with the requirements specified in any one of paragraphs ( d), ( e), ( f), ( g), ( h), or ( m) of this section, except as provided in § 60.789 of this subpart for relationship with other rules.

( 2) [ Reserved]

( 3) Biological treatment processes. Biological treatment processes in compliance with this section may be either open or closed biological treatment processes as defined in § 60.771 of this subpart. An open biological treatment process in compliance with this section need not be covered and vented to a control device as required in § 60.774 of this subpart. An open or a closed biological treatment process in compliance with this section and using § 60.783( f) or ( g) of this subpart to demonstrate compliance is not subject to the requirements of § 60.774 of this subpart.

A closed biological treatment process in compliance with this section and using § 60.783( e) of this subpart to demonstrate compliance shall comply with the requirements of § 60.774 of this subpart. Waste management units upstream of an open or closed biological treatment process shall meet the requirements of § 60.774 of this subpart, as applicable.

( 4) Performance tests and design evaluations. If the design steam stripper option ( paragraph ( d) of this section) or the RCRA option ( paragraph ( h) of this section)

is selected to comply with this section, neither a design evaluation nor a performance test is required. If § 60.789( e) of this subpart ( overlap with the HON and MON) is selected to comply with this section, the performance test or design evaluation used to 77 STAFF DRAFT  09/ 30/ 2005 demonstrate compliance for the HON or MON also demonstrates compliance with this section for those Group 1 streams that are also subject to and controlled according to the provisions of the HON and the MON. For any other non biological treatment process, and for closed biological treatment processes as defined in § 60.771 of this subpart, the owner or operator shall conduct either a design evaluation as specified in paragraph ( j) of this section, or a performance test as specified in § 60.783 of this subpart. For each open biological treatment process as defined in § 60.771 of this subpart, the owner or operator shall conduct a performance test as specified in § 60.783 of this subpart. ( Note to paragraph ( a)( 4) of this section: Some open biological treatment processes may not require a performance test. Refer to § 60.783( h) of this subpart and Table 36 to the appendix to subpart G of 40 CFR part 63 to determine whether the biological treatment process meets the criteria that exempt the owner or operator from conducting a performance test.)

( 5) Control device requirements. When gases are vented from the treatment process, the owner or operator shall comply with the applicable control device requirements specified in § § 60.780 and 60.783( i) and ( j) of this subpart, and the applicable leak inspection provisions specified in § 60.786 of this subpart. This requirement does not apply to any open biological treatment process that meets the mass removal requirements. Vents from anaerobic biological treatment processes may be routed through hard piping to a fuel gas system.

( 6) Residuals: general. When residuals result from treating Group 1 78 STAFF DRAFT  09/ 30/ 2005 wastewater streams, the owner or operator shall comply with the requirements for residuals specified in paragraph ( k) of this section.

( 7) Treatment using a series of treatment processes. In all cases where the wastewater provisions in this subpart allow or require the use of a treatment process or control device to comply with emissions limitations, the owner or operator may use multiple treatment processes or control devices, respectively. For combinations of treatment processes where the wastewater stream is conveyed by hard piping, the owner or operator shall comply with the requirements of either paragraph ( a)( 7)( i) or ( ii) of this section. For combinations of treatment processes where the wastewater stream is not conveyed by hard piping, the owner or operator shall comply with the requirements of paragraph ( a)( 7)( ii) of this section. For combinations of control devices, the owner or operator shall comply with the requirements of paragraph ( a)( 7)( i)

of this section.

( i)( A) For combinations of treatment processes, the wastewater stream shall be conveyed by hard piping between the treatment processes. For combinations of control devices, the vented gas stream shall be conveyed by hard piping between the control devices.

( B) For combinations of treatment processes, each treatment process shall meet the applicable requirements of § 60.774 of this subpart except as provided in paragraph ( a)( 3) of this section.

© ) The performance test or design evaluation shall determine compliance 79 STAFF DRAFT  09/ 30/ 2005 across the combination of treatment processes or control devices. If a performance test is conducted, the " inlet" shall be the point at which the wastewater stream or residual enters the first treatment process, or the vented gas stream enters the first control device. The " outlet" shall be the point at which the treated wastewater stream exits the last treatment process, or the vented gas stream exits the last control device.

( ii)( A) For combinations of treatment processes, each treatment process shall meet the applicable requirements of § 60.774 of this subpart except as provided in paragraph ( a)( 3) of this section.

( B) The owner or operator shall determine the mass removed or destroyed by each treatment process. The performance test or design evaluation shall determine compliance for the combination of treatment processes by adding together the mass removed or destroyed by each treatment process.

( 8) Prohibition against double counting. The removal of organic wastewater compound must be in addition to the reduction and destruction required by other rules,

unless the removal of organic wastewater compound is from the same stream.

( a) [ Reserved]

( b) [ Reserved]

© ) [ Reserved]

( d) Design steam stripper option. The owner or operator shall operate and maintain a steam stripper that meets the requirements of paragraphs ( d)( 1) through ( 6)

of this section. 80 STAFF DRAFT  09/ 30/ 2005 ( 1) Minimum active column height of 5 meters;

( 2) Countercurrent flow configuration with a minimum of 10 actual trays;

( 3) Minimum steam flow rate of 0.04 kilogram of steam per liter of wastewater feed within the column;

( 4) Minimum wastewater feed temperature to the steam stripper of 95

C, or minimum column operating temperature of 95

C;

( 5) Maximum liquid loading of 67,100 liters per hour per square meter; and ( 6) Operate at nominal atmospheric pressure.

( e) Percent mass removal/ destruction option, for non biological treatment process. For wastewater streams that are Group 1 and treated in a non biological treatment process, the owner or operator shall comply with either paragraph ( e)( 1) or ( 2) of this section for a non combustion treatment process and paragraph ( e)( 1) of this section for a combustion treatment process. For wastewater streams that are Group 1 and treated in a steam stripper, the owner or operator shall comply with either paragraph ( e)( 1), ( 2), or ( 3) of this section. This paragraph ( e) shall not be used for biological treatment processes.

( 1) Reduce mass flow rate of organic wastewater compound by the appropriate Fr values. For wastewater streams that are Group 1, the owner or operator shall reduce, by removal or destruction, the mass flow rate of organic wastewater compound by the required removal or destruction efficiency; i. e, the flow weighted average Fr value. To use this compliance option for treatment devices other than combustion 81 STAFF DRAFT  09/ 30/ 2005 devices, the owner or operator shall develop a stream specific list of organic wastewater compound upon which to base the compliance destration and shall calculate a flow weighted average Fr. Follow the procedures in § 60.778 of this subpart to develop a stream specific list of organic wastewater compound. Follow the procedures in appendix J to this part to determine Fr values for individual compounds.

The owner or operator shall conduct either a design evaluation or a performance test.

Design evaluation requirements are specified in paragraph ( j) of this section.

Performance test requirements are specified in § 60.783( c) of this subpart for noncombustion treatment processes, and in § 60.783( d) of this subpart for combustion treatment processes.

( 2) Reduce mass flow rate of organic wastewater compound by 95 percent and reduce outlet concentration of organic wastewater compound to less than 50 ppmw, for non combustion treatment process. For wastewater streams that are Group 1, the owner or operator shall reduce, by removal or destruction, the mass flow rate of organic wastewater compound by 95 percent and reduce the outlet concentration of organic wastewater compound to less than 50 ppmw. The owner or operator shall conduct either a design evaluation or a performance test. Design evaluation requirements are specified in paragraph ( j) of this section. Performance test requirements are specified in § 60.783( c) of this subpart.

( 3) Demonstrate that a steam stripper reduces the mass flow rate of methanol,

1 butanol, and methyl ethyl ketone by the appropriate Fr value. For wastewater steams 82 STAFF DRAFT  09/ 30/ 2005 that are Group 1 and treated in a steam stripper, the owner or operator shall demonstrate that the mass flow rate of methanol, butanol, and methyl ethyl ketone is reduced by the compound's Fr value, taken as a percentage, contained in Table 2 to Appendix J; These three compounds are target analytes and do not need to be present in the wastewater as a result of manufacturing operations. The owner or operator shall conduct either a design evaluation or a performance test. Design evaluation requirements are specified in paragraph ( j) of this section. Performance test requirements are specified in § 60.783( c) of this subpart. When design evaluations are used to demonstrate compliance, the Henry's law constant at 25

C ( expressed as y/ x atmosphere per mole fraction) used in the evaluation shall be based on the values contained in Table 4 to Appendix J.

( f) RMR option, for non combustion treatment process. For wastewater streams that are Group 1, the owner or operator shall reduce, by removal or destruction, the mass flow rate of organic wastewater compound by the RMR; i. e, the flow weighted average Fr. Follow the procedures in appendix J to this part to determine Fr values.

The owner or operator shall conduct a compliance demonstration as specified in paragraphs ( f)( 1), ( 2), and ( 3) of this section.

( 1) Non biological, non combustion treatment process. The owner or operator shall conduct either a design evaluation or a performance test. Design evaluation requirements are specified in paragraph ( j) of this section. Performance test requirements are specified in § 60.783( e) of this subpart. 83 STAFF DRAFT  09/ 30/ 2005 ( 2) Aerobic biological treatment process  open and closed biological treatment processes. Closed biological treatment process means a tank or surface impoundment where biological treatment occurs and air organic wastewater compound emissions from the treatment process are routed to either a control device by means of a closedvent system or to a fuel gas system by means of hard piping. The tank or surface impoundment has a fixed roof, as defined in § 60.771 of this subpart, or a floating flexible membrane cover that meets the requirements specified in 40 CFR § 63.134. An open biological treatment process is not a closed biological treatment process. Open biological treatment processes have additional requirements for compliance demonstration because they have more potential for organic wastewater compound emissions.

( i) Closed biological treatment process. The owner or operator shall conduct either a design evaluation or a performance test. Design evaluation requirements are specified in paragraph ( j) of this section. Performance test requirements are specified in both § 60.783( e) and ( f) of this subpart.

( ii) Open biological treatment process. The owner or operator shall conduct a performance test as specified in § 60.783( f) of this subpart, except as provided in § 60.783( h) of this subpart.

( 3) Anaerobic biological treatment process. An anaerobic biological treatment process shall also be a closed biological treatment process. The owner or operator shall conduct either a design evaluation or a performance test. Design evaluation 84 STAFF DRAFT  09/ 30/ 2005 requirements are specified in paragraph ( j) of this section. Performance test requirements are specified in § 60.783( e) of this subpart.

( g) 95 percent RMR option, for biological treatment processes. The owner or operator shall reduce, by removal or destruction, the mass flow rate of organic wastewater compound by 95 percent for all wastewater entering the biological treatment process. The owner or operator shall conduct a compliance demonstration as specified in paragraphs ( g)( 1) and ( 2) of this section. The owner or operator shall also comply with paragraphs ( g)( 3) and ( 4) of this section.

( 1) Aerobic biological treatment process  open and closed biological treatment processes.

( i) Closed biological treatment process. The owner or operator shall conduct either a design evaluation or a performance test. Design evaluation requirements are specified in paragraph ( j) of this section. Performance test requirements are specified in both § 60.783( e) and ( g) of this subpart.

( ii) Open biological treatment process. The owner or operator shall conduct a performance test as specified in § 60.783( g) of this subpart, except as provided in § 60.783( h) of this subpart.

( 2) Anaerobic biological treatment process. An anaerobic biological treatment process shall also be a closed biological treatment process. The owner or operator shall conduct either a design evaluation or a performance test. Design evaluation requirements are specified in paragraph ( j) of this section. Performance test 85 STAFF DRAFT  09/ 30/ 2005 requirements are specified in § 60.783( e) of this subpart.

( 3) For each treatment process or waste management unit that receives,

manages, or treats wastewater streams subject to this paragraph ( g)( 3), from the point of determination of each Group 1 or Group 2 wastewater stream to the biological treatment unit, the owner or operator shall comply with § 60.774 of this subpart for control of air organic wastewater compound emissions.