dictates that all openings and access points on storage tanks will be
covered or closure mechanisms will be in the closed position when
liquid is in the tank, except when operator access is needed. During
inspections for leaks, operators can also check that all covers and
closure mechanisms are in place. The owner or operator would also be
required to repair within 15 days any leaks in the process equipment.
The cost of these management practices per facility is estimated at
$280/yr.
    In conclusion, for the subcategory of large storage tanks (i.e.,
those that exceed the size and MTVP thresholds in subpart Kb), we are
proposing GACT to be: (1) Management practices consisting of quarterly
inspections for leaks and repairing leak within 15 days, minimizing and
promptly cleaning up spills, and ensuring that all openings and access
points are closed for all storage tanks; and (2) each storage tank must
be equipped with an internal or external floating roof, or the
displaced vapors must be routed to a control device that reduces
emissions by at least 95 percent. Costs for these control techniques
were determined to be reasonable, but costs for more stringent controls
were determined to be unreasonable. For the subcategory of small
storage tanks (i.e., those that do not meet the size and MTVP
thresholds in subpart Kb), we are proposing GACT to be the same
management practices that are part of GACT for the large storage tank
subcategory. These costs were determined to be reasonable.

However, as noted above, we concluded that the costs for meeting the
storage tank controls required by subpart Kb were unreasonable.
4. GACT for Cooling Tower Systems
    In evaluating GACT options, we found permits for three petroleum
refineries (1 in California, 1 in Indiana, and 1 in Illinois) that are
required to conduct daily or weekly visual inspections for evidence of
hydrocarbons in cooling tower recirculating water. Determination of
other parameters such as the chlorine content and/or total dissolved
solids is also required periodically. Required actions in response to
finding hydrocarbons in the water vary among the four facilities. One
facility is required to take remedial action to correct the problem.
The second facility is required to conduct VOC sampling and estimate
the VOC emissions; if emissions are estimated to exceed 5 tons/yr, then
the facility must apply for a cooling tower permit. The third facility
must develop and operate in accordance with a site-specific checklist
of steps to take if the inspection parameters indicate the presence of
a leak. Although the three facilities are petroleum refineries, the
inspection procedures that they conduct are management practices that
could be implemented by chemical manufacturing area sources. Therefore,
we are proposing the following management practices for small cooling
tower systems at sources affected by this proposed rule: (1)
Development of a site-specific plan that describes the characteristics
that the owner or operator will consider evidence of process fluid
leaks into the cooling water and the actions to be taken in response to
finding such conditions; (2) quarterly inspections in accordance with
the plan for evidence of leaks; and (3) keeping a log documenting the
inspection dates, findings, and actions taken. We estimated the cost of
this option at $800/yr per facility.
    We also reviewed State and Federal rules for emission standards
that apply to cooling tower systems at area sources or that would be
technically feasible for area sources. On the Federal side, SOCMI
sources that are subject to the HON must monitor either surrogate
indicators of a leak or monitor the water for one or more HAP or VOC
that, if present, would indicate a leak. In the HON, if surrogate
indicators are to be monitored, the owner or operator must prepare a
monitoring plan that documents the procedures to be used, defines the
parameter(s) or condition to be monitored, explains why the
parameter(s) or condition to be monitored reliably indicates a leak,
and specifies the level that constitutes a leak. Alternatively, if the
owner or operator elects to monitor directly for HAP or VOC, the HON
specifies sampling and analysis procedures, including the sampling
locations and frequency, and a statistical procedure for determining
whether the data indicate the presence of a leak. When a leak is found
by either method, the HON requires that the owner or operator identify
and fix the source of the leak within 45 days after detection, unless
conditions for delay of repair are met. Most of the MACT rules for
other chemical manufacturing source categories issued after the HON
incorporate by reference the HON's cooling tower system requirements.
    Although the HON applies only to major sources, there are no
technical reasons why the procedures could not be applied at area
sources as well. Therefore, we evaluated the costs of applying the
surrogate and direct monitoring options to both subcategories of
cooling towers at chemical manufacturing area sources. For cooling
towers in the subcategory with cooling water flow rates equal to or
greater than 8,000 gal/min, we estimated the average cost of the
surrogate monitoring option to be about $1,600/yr per facility, and the
cost-effectiveness is estimated at $1,100/ton of HAP removed. For
cooling towers in the subcategory with cooling water flow rates less
than 8,000 gal/min, the cost-effectiveness is estimated at $13,000/ton
of HAP removed.
    Based on the information regarding available monitoring methods and
estimated costs, we are proposing that GACT be different for the two
subcategories. Costs to implement monitoring consistent with HON
requirements was determined to be unreasonable for the subcategory of
cooling towers with cooling water flow rates less than 8,000 gal/min.
Therefore, we are proposing that GACT for this subcategory is
management practices as described above for small cooling tower
systems. For cooling towers systems in the subcategory with cooling
water flow rates equal to or greater than 8,000 gal/min, we estimated
that the cost of quarterly surrogate monitoring is reasonable, and
therefore we are proposing surrogate monitoring as GACT. We request
comment on this decision and rationale for alternative approaches. We
are also interested in emission and cost data for cooling towers that
are implementing the monitoring requirements in the HON or other rules
at either area sources or major sources.
5. GACT for Equipment Leaks
    We concluded that most chemical manufacturing area sources conduct
periodic sensory-based inspections to identify and repair leaks as part
of routine or preventive maintenance programs. Based on permits and
other available information, we determined that some facilities have
obtained synthetic minor status for HAP and may be implementing leak
detection and repair programs based on instrument monitoring consistent
with NESHAP for major sources (e.g., equipment leak standards in 40 CFR
part 63, subparts H, U, GGG, JJJ, MMM, and FFFF).
    The prevalence of sensory-based inspection programs makes them a
viable potential option for GACT. If, as believed, a large percentage
of facilities are already being inspected for equipment leaks, the
costs associated with this option would be small. The costs are
estimated to be about $1,100/yr/facility for a sensory-based quarterly
inspection and repair program.
    We also considered a more stringent option that would achieve
reductions comparable to the leak detection and repair program in 40
CFR part 63, subpart FFFF. Requirements include periodic instrument-
based monitoring of pumps, valves, and in some cases, connectors, to
detect leaks of organic compounds above specified concentrations.
Monitoring frequencies vary depending on the type of equipment and the
percentage of equipment found to be leaking, but the requirements are
similar in each rule. These rules also require the use of certain
equipment or management practices for other types of equipment. We
estimated that annual costs for model facilities range from about
$36,000/yr to $72,000/yr. In addition, we anticipate that most of the
processes at area sources are batch processes. In the analysis for the
MON, we determined the cost-effectiveness of the MACT floor for batch
processes (i.e., an LDAR program only slightly different than the final
standard) at about $11,000/ton of HAP removed. Given that area sources
likely have fewer components and lower emissions than major source, we
expect the cost-effectiveness to implement an LDAR program like that in
the MON would be higher than $11,000/yr. This cost is unreasonable.
Therefore, we are proposing that GACT for equipment leaks at all
chemical manufacturing area sources is a program to conduct quarterly
sensory-based inspections for leaks and repair equipment found to be

leaking. As explained above, while the cost-effectiveness cannot be
determined, the actual cost is reasonable.
6. GACT for Transfer Operations
    Management practices to minimize emissions from transfer operations
are commonly implemented. These procedures include minimizing spills,
cleaning up spills promptly, covering open containers when not in use,
and minimizing discharges to open waste collection systems. We estimate
the average costs to implement these management practices at $620/yr
per facility.
    In background documentation for the HON, we noted that as of 1991
approximately 97 percent of the SOCMI facilities have, in addition to
implementing the management practices set forth above, already
converted vehicles and, where necessary, loading racks for submerged
fill or bottom loading. Thus, submerged loading is another available
management practice for transfer operations. Assuming the 1991 findings
are still valid for area sources, we estimate that three area sources
would need to install equipment to comply with a standard that requires
submerged loading, and we estimate the costs to be less than $2,000/yr
per facility.
    We also considered vapor balancing as GACT. Several MACT rules
allow vapor balancing as an alternative to demonstrating compliance
with a percent reduction emissions limit. As part of the GACT analysis
we evaluated the costs for facilities to implement vapor balancing. If
all facilities could implement vapor balancing, we estimated the costs
to be approximately $12,000/yr per facility, and the estimated cost-
effectiveness to be approximately $130,000/ton of HAP removed. However,
vapor balancing uses process equipment and may not be feasible for all
affected facilities. To achieve a comparable level of emissions
control, these facilities would have to route displaced vapors from the
tank trucks and railcars to an air pollution control device. If a new
control device must be installed, the costs may be considerably greater
than for vapor balancing. As a result, the cost-effectiveness of a
control option based on vapor balancing or equivalent control is likely
to be greater than $130,000/ton of HAP removed.
    Because the cost of vapor balancing was determined to be
unreasonable, we are proposing that GACT for transfer operations at all
chemical manufacturing area sources consists of management practices to
minimize evaporation losses and the use of submerged loading.
7. GACT for Wastewater Systems
    Chemical manufacturing facilities typically discharge wastewater to
some form of water treatment because treatment is needed to meet
applicable effluent limitations. Biological treatment, either onsite or
offsite, is the most common form of treatment. Other types of treatment
include steam stripping and treatment onsite or offsite as a hazardous
waste. All of the MACT standards for the different chemical
manufacturing source categories require treatment of wastewater streams
that meet certain flow and HAP concentration levels. These standards
require either the use of a treatment unit that meets specified design
criteria or that achieves specified destruction efficiencies for the
HAP in the wastewater. They also typically require the use of covers
and other techniques to suppress emissions from the wastewater
conveyance system and treatment units. Some of the MACT standards also
prohibit the discharge of multi-phase wastewater streams to wastewater
treatment systems. Decanters and other equipment that separate organic
materials and water mixtures into separate streams are widely available
and used to meet this requirement. Although information about the
number of area sources implementing controls like those required in the
MACT standards is not available, the technology used to meet these
standards is as applicable at an area source as at a major source.
    Based on the information regarding available controls, we developed
three options for evaluation as GACT for the two subcategories of
wastewater streams: (1) Discharge the wastewater stream to a treatment
process, (2) use gravity separation techniques to separate organic and
water layers (and then discharge only the water phase to wastewater
treatment), and (3) treat the wastewater stream using controls that
meet MACT requirements (specifically the HON requirements). As part of
the analysis, we evaluated the costs of each option. Because facilities
typically implement some form of treatment for all wastewater streams
(i.e., both subcategories), we assumed that area sources would incur no
additional costs to meet Option 1.
    Costs for Option 2 consist of the cost for a decanter and the cost
to dispose of the organic layer as a hazardous waste. We estimated that
20 area sources have wastewater streams in the subcategory of streams
with PSHAP concentrations equal to or greater than 10,000 ppmw and are
not currently implementing separation techniques as specified in Option
2. We estimated the average cost-effectiveness for these area sources
to implement Option 2 at $1,600/ton of HAP removed. This approach may
overstate the costs if the recovered organic material can be reused in
the process or as fuel. Option 2 is not applicable for the subcategory
of streams with PSHAP concentrations below 10,000 ppmw; gravity
separation techniques would have no effect on streams in this
subcategory because they are already a single phase.
    Costs for Option 3 were estimated assuming an owner or operator
would either treat the wastewater onsite using steam stripping or
collect the wastewater for treatment offsite as a hazardous waste,
whichever is least costly. The average cost-effectiveness for the
estimated 20 facilities with wastewater streams in the subcategory of
streams with PSHAP concentrations equal to or greater than 10,000 ppmw
is $16,000/ton of HAP removed. We estimated that at least 24 area
sources are in the subcategory with PSHAP concentrations less than
10,000 ppmw. The estimated average cost-effectiveness for these area
sources to meet Option 3 is $110,000/ton of HAP removed.
    Based on the information regarding available controls and estimated
costs, we are proposing that GACT be different for the two
subcategories. All three control options are technically feasible at
area sources; therefore, we selected GACT based on the most effective
method or combination of methods that has acceptable costs. For both
subcategories, we are proposing that GACT consists of some form of
treatment (e.g., whatever is needed to meet effluent limitations)
because this control is typically already being implemented by area
sources and therefore the costs are reasonable. For the subcategory of
wastewater streams with PSHAP concentrations equal to or greater than
10,000 ppmw, we are proposing that GACT also consists of the use of
gravity separation techniques to separate the wastewater into organic
and water layers before the water layer is discharged to treatment
because the cost of this control technique is reasonable. We are
proposing that controls needed to meet more stringent emission limits
like those required by the HON do not represent GACT for either
subcategory because the costs are unreasonable.

C. How did we select compliance requirements?

    For new and existing sources, we are proposing to apply the
testing;

monitoring; operation and maintenance; and notification, reporting, and
recordkeeping requirements in the NESHAP General Provisions (40 CFR
part 63, subpart A) to ensure compliance with this proposed rule. We
are proposing management practices for all emission sources except
wastewater and emission limits for all emission sources except
equipment leaks and transfer operations. We propose that the
requirements in the General Provisions and the additional requirements
discussed below are sufficient to ensure compliance with the proposed
emissions limits and management practices.
    Initial compliance certification followed by quarterly inspections
is required for all management practices proposed in this notice. We
have determined that monitoring in the form of recordkeeping is
sufficient to ensure compliance with the requirements of the proposed
rule. Records of inspections that document the date of each inspection,
the results of each inspection, and the actions taken as a result of
findings during the inspections are required. These compliance
requirements are similar the equipment leak inspection requirements in
40 CFR part 63, subparts R and HHHHH and are sufficient to verify that
the inspections have been conducted at the required frequency and that
the leaking equipment has been identified and promptly repaired.
    For cooling towers and transfer operations the management practices
have additional requirements. The management practices for cooling
tower systems requires the owner or operator to develop an inspection
plan describing corrective actions to be taken if the presence of a
leak is indicated. The management practices for transfer operation
require submerged loading.
    The proposed compliance requirements associated with the emission
limits in the proposed rule are addressed below. We have reviewed the
testing, monitoring, recordkeeping and reporting requirements for batch
process vents and continuous process vents in subparts SS and FFFF of
40 CFR this part 63. We believe that these requirements are sufficient
to ensure compliance with the proposed emissions limits for continuous
and batch process vents for the nine area source categories at issue in
this proposed rule. We have, therefore, incorporated the subpart SS and
subpart FFFF testing, monitoring, recordkeeping, and reporting
requirements into this rule for those continuous and batch process vent
subcategories that are subject to emission reduction limits.
    We have reviewed the testing, monitoring, recordkeeping and
reporting requirements for metal process vents in subpart NNNNNN of
part 63 (standards for chromium compound manufacturing). We are
proposing to require the testing and reporting requirements for
chromium compound manufacturing in 40 CFR part 63, subpart NNNNNN for
the subcategory of area sources (both new and existing) that emit more
than 100 lb/yr of metal HAP. We are also proposing to require the
monitoring requirements in subpart NNNNNN for new area sources that
emit more than 100 lb/yr of metal HAP. For existing sources, however,
we have determined that monitoring of control device parameters is
needed to demonstrate compliance with the 95 percent reduction emission
limit. Therefore, we are proposing that each existing source develop a
site-specific monitoring plan to identify the operating parameters that
will be monitored and the operating limit for each parameter. We are
also proposing that existing sources keep records of the collected
monitoring data.
    We have reviewed the inspection, monitoring, recordkeeping, and
reporting requirements in the NSPS for volatile organic liquid storage
tanks (40 CFR part 60, subpart Kb), and we believe that these
requirements are sufficient to assure compliance with the emission
standards proposed in this rule for large storage tanks (i.e., the
subcategory of storage tanks that exceed the capacity and MTVP
thresholds in 40 CFR part 60, subpart Kb). Therefore, we are proposing
to incorporate the inspection, monitoring, recordkeeping, and reporting
requirements of 40 CFR part 60, subpart Kb into this rule to apply to
the large storage tank subcategory.
    We have reviewed the testing, monitoring, recordkeeping, and
reporting requirements for cooling towers in 40 CFR part 63, subpart F.
We have determined that these requirements are sufficient to assure
compliance with the proposed surrogate monitoring standards for the
cooling tower emission sources in this rule. Therefore, we are
incorporating by reference the testing, monitoring, recordkeeping, and
reporting requirements of subpart F and applying those requirements to
the subcategory of area sources that are subject to the surrogate
monitoring standards for cooling towers in this proposed rule.
    Each owner or operator would be required to keep records
identifying all wastewater streams with total partially soluble HAP
concentrations greater than 10,000 ppmw and the disposition of all
organic phases generated in decanters or other separation equipment. We
have determined that these requirements are sufficient to assure
compliance with the proposed standards for wastewater.

D. Why did we decide to exempt these area source categories from title
V permitting requirements?

    We are proposing exemption from title V permitting requirements for
affected sources in the Agricultural Chemicals and Pesticides
Manufacturing, Cyclic Crude and Intermediate Production, Industrial
Inorganic Chemical Manufacturing, Industrial Organic Chemical
Manufacturing, Inorganic Pigments Manufacturing, Miscellaneous Organic
Chemical Manufacturing, Plastic Materials and Resins Manufacturing,
Pharmaceutical Production, and Synthetic Rubber Manufacturing area
source categories for the reasons described below.
    Section 502(a) of the CAA provides that the Administrator may
exempt an area source category from title V if he determines that
compliance with title V requirements is ``impracticable, infeasible, or
unnecessarily burdensome'' on an area source category. See CAA section
502(a). In December 2005, in a national rulemaking, EPA interpreted the
term ``unnecessarily burdensome'' in CAA section 502 and developed a
four-factor balancing test for determining whether title V is
unnecessarily burdensome for a particular area source category, such
that an exemption from title V is appropriate. See 70 FR 75320,
December 19, 2005 (``Exemption Rule'').
    The four factors that EPA identified in the Exemption Rule for
determining whether title V is ``unnecessarily burdensome'' on a
particular area source category include: (1) Whether title V would
result in significant improvements to the compliance requirements,
including monitoring, recordkeeping, and reporting, that are proposed
for an area source category (70 FR 75323); (2) whether title V
permitting would impose significant burdens on the area source category
and whether the burdens would be aggravated by any difficulty the
sources may have in obtaining assistance from permitting agencies (70
FR 75324); (3) whether the costs of title V permitting for the area
source category would be justified, taking into consideration any
potential gains in compliance likely to occur for such sources (70 FR
75325); and (4) whether there are implementation and enforcement

programs in place that are sufficient to assure compliance with the
NESHAP for the area source category, without relying on title V permits
(70 FR 75326).
    In discussing these factors in the Exemption Rule, we further
explained that we considered on ``a case-by-case basis the extent to
which one or more of the four factors supported title V exemptions for
a given source category, and then we assessed whether considered
together those factors demonstrated that compliance with title V
requirements would be 'unnecessarily burdensome' on the category,
consistent with section 502(a) of the Act.'' See 70 FR 75323. Thus, in
the Exemption Rule, we explained that not all of the four factors must
weigh in favor of exemption for EPA to determine that title V is
unnecessarily burdensome for a particular area source category.
Instead, the factors are to be considered in combination, and EPA
determines whether the factors, taken together, support an exemption
from title V for a particular source category.
    In the Exemption Rule, in addition to determining whether
compliance with title V requirements would be unnecessarily burdensome
on an area source category, we considered, consistent with the guidance
provided by the legislative history of section 502(a), whether
exempting the area source categories would adversely affect public
health, welfare or the environment. See 70 FR 15254-15255, March 25,
2005. As explained below, we propose that title V permitting is
unreasonably burdensome for the area source categories at issue in this
proposed rule. We have also determined that the proposed exemptions
from title V would not adversely affect public health, welfare and the
environment. Our rationale for this decision follows here.
    In considering the exemption from title V requirements for sources
in the categories affected by this proposed rule, we first compared the
title V monitoring, recordkeeping, and reporting requirements (factor
one) to the requirements in the proposed NESHAP for the area source
categories. The proposed rule requires implementation of certain
management practices, which are practices that are currently used at
most facilities, for most subcategories and add on controls and other
requirements, in addition to management practices for other
subcategories of sources. The proposed rule requires direct monitoring
of emissions or control device parameters, both continuous and
periodic, recordkeeping that also may serve as monitoring, and
deviation and other semi-annual reporting to assure compliance with
these requirements.
    The monitoring component of the first factor favors title V
exemption. For the management practices, this proposed standard
provides monitoring in the form of recordkeeping that would assure
compliance with the requirements of the proposed rule. Monitoring by
means other than recordkeeping for the management practices is not
practical or appropriate. Records are required to ensure that the
management practices are followed. The proposed rule requires the owner
or operator to record the date and results of inspections, as well as
any actions taken in response to findings of the inspections. The
records are required to be maintained as checklists, logbooks and/or
inspection forms. The rule also requires emission limit requirements
for some subcategories. Monitoring of control device or recovery device
operating parameters using CPMS or periodic monitoring is required to
assure compliance with these emission limits.
    As part of the first factor, in addition to monitoring, we have
considered the extent to which title V could potentially enhance
compliance for area sources covered by this proposed rule through
recordkeeping or reporting requirements. We have considered the various
title V recordkeeping and reporting requirements, including
requirements for a 6-month monitoring report, deviation reports, and an
annual certification in 40 CFR 70.6 and 71.6.
    For any chemical manufacturing area source, this proposed NESHAP
requires an Initial Notification and a Notification of Compliance
Status. This proposed rule also requires facilities to certify
compliance with the emission limits and management practices. In
addition, facilities must maintain records showing compliance with the
required emission limits, management practices and deviation
requirements. The information required in the deviation reports is
similar to the information that must be provided in the deviation
reports required under 40 CFR 70.6(a)(3) and 40 CFR 71.6(a)(3). In
addition to documenting all deviations, sources are required to include
in the semi-annual report any delay in repair of any leak or any
process change that required a performance test or recalculation of
emissions.
    We acknowledge that title V might impose additional compliance
requirements on these categories, but we have determined that the
monitoring, recordkeeping and reporting requirements of the proposed
NESHAP are sufficient to assure compliance with the provisions of the
NESHAP, and title V would not significantly improve those compliance
requirements.
    For the second factor, we determine whether title V permitting
would impose a significant burden on the area sources in the categories
and whether that burden would be aggravated by any difficulty the
source may have in obtaining assistance from the permitting agency.
Subjecting any source to title V permitting imposes certain burdens and
costs that do not exist outside of the title V program. EPA estimated
that the average cost of obtaining and complying with a title V permit
was $38,500 per source for a 5-year permit period, including fees. See
Information Collection Request for Part 70 Operating Permit
Regulations, January 2000, EPA ICR Number 1587.05. EPA does not have
specific estimates for the burdens and costs of permitting these types
of chemical manufacturing area sources; however, there are certain
activities associated with the part 70 and 71 rules. These activities
are mandatory and impose burdens on any facility subject to title V.
They include reading and understanding permit program guidance and
regulations; obtaining and understanding permit application forms;
answering follow-up questions from permitting authorities after the
application is submitted; reviewing and understanding the permit;
collecting records; preparing and submitting monitoring reports on a 6-
month or more frequent basis; preparing and submitting prompt deviation
reports, as defined by the State, which may include a combination of
written, verbal, and other communications methods; collecting
information, preparing, and submitting the annual compliance
certification; preparing applications for permit revisions every 5
years; and, as needed, preparing and submitting applications for permit
revisions. In addition, although not required by the permit rules, many
sources obtain the contractual services of consultants to help them
understand and meet the permitting program's requirements. The ICR for
part 70 provides additional information on the overall burdens and
costs, as well as the relative burdens of each activity described here.
Also, for a more comprehensive list of requirements imposed on part 70
sources (hence, burden on sources), see the requirements of 40 CFR
70.3, 70.5, 70.6, and 70.7.
    In assessing the second factor for facilities affected by this
proposal, we found that many of the facilities that would be affected
by this proposed rule are small entities. These small sources lack the
technical resources that would be needed to comply with permitting

requirements and the financial resources that would be needed to hire
the necessary staff or outside consultants. As discussed above, title V
permitting would impose significant costs on these area sources, and,
accordingly, we conclude that title V is a significant burden for
sources in these categories. Furthermore, given the number of sources
in the categories, it would likely be difficult for them to obtain
sufficient assistance from the permitting authority. Thus, we conclude
that factor two supports title V exemption for these categories.
    The third factor, which is closely related to the second factor, is
whether the costs of title V permitting for these area sources would be
justified, taking into consideration any potential gains in compliance
likely to occur for such sources. We explained above under the second
factor that the costs of compliance with title V would impose a
significant burden on many of the approximately 450 facilities affected
by the proposed rule. We also concluded in considering the first factor
that, while title V might impose additional requirements, the
monitoring, recordkeeping and reporting requirements in the proposed
NESHAP assure compliance with the emission standards imposed in the
NESHAP. In addition, below in our consideration of the fourth factor,
we find that there are adequate implementation and enforcement programs
in place to assure compliance with the NESHAP. Because the costs, both
economic and non-economic, of compliance with title V are high, and the
potential for gains in compliance is low, title V permitting is not
justified for this source category. Accordingly, the third factor
supports title V exemptions for these area source categories.
    The fourth factor we considered in determining if title V is
unnecessarily burdensome is whether there are implementation and
enforcement programs in place that are sufficient to assure compliance
with the NESHAP without relying on title V permits. EPA has implemented
regulations that provide States the opportunity to take delegation of
area source NESHAP, and we believe that States delegated programs are
sufficient to assure compliance with this NESHAP. See 40 CFR part 63,
subpart E (States must have adequate programs to enforce the section
112 regulations and provide assurances that they will enforce all
NESHAP before EPA will delegate the program).
    We also noted that EPA retains authority to enforce this NESHAP
anytime under CAA sections 112, 113 and 114. Also, States and EPA often
conduct voluntary compliance assistance, outreach, and education
programs (compliance assistance programs), which are not required by
statute. We determined that these additional programs will supplement
and enhance the success of compliance with these proposed standards. We
believe that the statutory requirements for implementation and
enforcement of this NESHAP by the delegated States and EPA and the
additional assistance programs described above together are sufficient
to assure compliance with these proposed standards without relying on
title V permitting.
    In light of all the information presented here, we believe that
there are implementation and enforcement programs in place that are
sufficient to assure compliance with the proposed standards without
relying on title V permitting.
    Balancing the four factors for these area source categories
strongly supports the proposed finding that title V is unnecessarily
burdensome. While title V might add additional compliance requirements
if imposed, we believe that there would not be significant improvements
to the compliance requirements in this proposed rule because the
proposed rule requirements are specifically designed to assure
compliance with the emission standards imposed on these area source
categories. We further maintain that the economic and non-economic
costs of compliance with title V would impose a significant burden on
the sources. We determined that the high relative costs would not be
justified given that there is likely to be little or no potential gain
in compliance if title V were required. And, finally, there are
adequate implementation and enforcement programs in place to assure
compliance with these proposed standards. Thus, we propose that title V
permitting is ``unnecessarily burdensome'' for these area source
categories.
    In addition to evaluating whether compliance with title V
requirements is ``unnecessarily burdensome'', EPA also considered,
consistent with guidance provided by the legislative history of section
502(a), whether exempting these area source categories from title V
requirements would adversely affect public health, welfare, or the
environment. Exemption of these area source categories from title V
requirements would not adversely affect public health, welfare, or the
environment because the level of control would remain the same if a
permit were required. The title V permit program does not impose new
substantive air quality control requirements on sources, but instead
requires that certain procedural measures be followed, particularly
with respect to determining compliance with applicable requirements. As
stated in our consideration of factor one for this category, title V
would not lead to significant improvements in the compliance
requirements applicable to existing or new area sources.
    Furthermore, we explained in the Exemption Rule that requiring
permits for the large number of area sources could, at least in the
first few years of implementation, potentially adversely affect public
health, welfare, or the environment by shifting State agency resources
away from assuring compliance for major sources with existing permits
to issuing new permits for these area sources, potentially reducing
overall air program effectiveness. Based on the above analysis, we
conclude that title V exemptions for these area sources will not
adversely affect public health, welfare, or the environment for all of
the reasons explained above.
    For the reasons stated here, we are proposing to exempt these area
source categories from title V permitting requirements.

V. Impacts of the Proposed Standards

A. What are the air impacts?

    We estimate that the proposed standard will reduce organic HAP
emissions by 211 tpy and metal HAP emissions by 44 tpy from the
baseline level, for an overall HAP emission reduction of 255 tpy from
the baseline. Table 3 of this preamble summarizes the estimated HAP
reductions under the proposed standards for each type of emission
point.

          Table 3--Estimated Nationwide HAP Emission Reductions
------------------------------------------------------------------------
                                                   HAP        Urban HAP
                                                 emission     emission
                Emission point                  reduction     reduction
                                                  (tpy)         (tpy)
------------------------------------------------------------------------
Batch process vents..........................           45          14
Continuous process vents.....................           30           9
Metal HAP process vents (100 lb/yr)*.........           44          41
Storage tanks................................            5           5
Cooling tower systems........................           78          24
Transfer operations..........................            1           0.2
Wastewater systems...........................           51          16

    Total....................................          255         110
------------------------------------------------------------------------
* With a metal HAP subcategory of 400 lb/yr, the emission reductions
  would be 41 tons per year HAP and 37 tons per year urban HAP.

B. What are the cost impacts?

    The total capital cost of the proposed standard is estimated at
$2.9 million. The total annualized cost of the proposed standards,
including the annualized cost of capital equipment, is estimated at
$3.9 million/yr. For the co-proposed threshold of 400 lb/yr the total
capital cost is estimated at $2.3 million and the total annualized cost
is estimated at $2.6 million/yr. Additional information on our impact
estimates on the sources is available in the docket. (See Docket Number
EPA-HQ-OAR-2008-0334.)

C. What are the economic impacts?

    The proposed standard is estimated to impact a total of 450
existing area source facilities and 27 new sources in the next 3 years.
Few of these facilities are small entities. Our analyses indicate that
the proposed rule will not impose a significant adverse impact on any
facilities, large or small. The average cost for each chemical
manufacturing industry is projected to be less than 0.07 percent of
average sales. In addition, the average costs in each industry are
projected to be less than 0.2 percent of average sales for the smallest
facilities within each industry (i.e., facilities with 50 to 99
employees).

D. What are the non-air health, environmental, and energy impacts?

    The secondary impacts would include energy impacts associated with
direct operation of combustion control devices, energy impacts
associated with the generation of electricity to operate control
devices, and solid waste generated as a result of the metal HAP
emissions collected. Organic materials that are recovered from
wastewater using gravity separation techniques would also be a solid
waste if the material could not be reused in a process or as fuel.
    We estimate that an additional 220 megawatt-hour/yr of electricity
and 260,000 standard cubic feet per year (scf/yr) of natural gas would
be needed to operate control devices. We estimate that an additional
2.1 tpy of criteria pollutants would be generated from the combustion
of natural gas in combustion control devices and from the combustion of
coal to generate electricity. We estimate that controlling metal HAP
emissions would generate an additional 620 tpy of solid waste,
including about 44 tpy of HAP metals. An estimated 8 tpy of organic
material would be recovered from wastewater using gravity separation
techniques.
    The electricity, criteria pollutant, and solid waste impacts from
controlling HAP metals would be lower under the co-proposed alternative
that sets a higher size threshold between subcategories of metal HAP
process vents. Overall, if the proposed rule includes this co-proposed
alternative, we estimate that an additional 150 megawatt-hours of
electricity would be needed, an additional 1.4 tpy of criteria
pollutants would be generated, and an additional 580 tpy of solid waste
would be generated (including 41 tpy of HAP metal and 8 tpy of organic
material from wastewater controls).

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it may raise
novel legal or policy issues. Accordingly, EPA submitted this action to
OMB for review under Executive Order 12866, and any changes made in
response to OMB recommendations have been documented in the docket for
this action.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501, et seq. The Information Collection Request (ICR)
document prepared by EPA has been assigned EPA ICR number 2323.01.
    The recordkeeping and reporting requirements in the proposed rule
are based on the information collection requirements in the part 63
General Provisions (40 CFR part 63, subpart A). All information
submitted to EPA pursuant to the information collection requirements
for which a claim of confidentiality is made is safeguarded according
to CAA section 114(c) and the Agency's implementing regulations at 40
CFR part 2, subpart B.
    The proposed information collection requirements consist of an
initial notification of applicability, notification for use of previous
test data, notification of performance test, notification of compliance
status report, performance tests, recordkeeping, and semiannual
compliance reports.
    The annual burden for this information collection averaged over the
first 3 years of this ICR is estimated to total 11,488 labor hours per
year at a cost of $0.87 million for the 450 existing area sources and
27 estimated new sources. Capital/startup costs for performance tests
and monitoring equipment are estimated at $102,800, and operation and
maintenance costs for the monitoring equipment are estimated at
$11,900/yr. Burden is defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, EPA has established a public docket for
this rule, which includes this ICR, under Docket ID number EPA-HQ-OAR-
2008-0334. Submit any comments related to the ICR to EPA and OMB. See
ADDRESSES section at the beginning of this notice for where to submit
comments to EPA. Send comments to OMB at the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW, Washington, DC 20503, Attention: Desk Office for EPA. Since OMB is
required to make a decision concerning the ICR between 30 and 60 days
after October 6, 2008, a comment to OMB is best assured of having its
full effect if OMB receives it by November 5, 2008. The final rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule would not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the proposed area
source NESHAP on small entities, small entity is defined as: (1) A
small business that

meets the Small Business Administration size standards for small
businesses found at 13 CFR 121.201 (less than 500, 750, or 1,000
employees depending on the category); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district, or special district with a population of less than 50,000;
and (3) a small organization that is any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.
    After considering the economic impacts of the proposed rules on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. An economic
impacts analysis was performed to compare the control costs associated
with producing a product at facilities in the various chemical
manufacturing industries to the average value of shipments from such
facilities. In all industries, the average costs are projected to be
less than 0.07 percent of average sales. For the smallest facilities in
each industry (those with 50 to 99 employees), the average costs are
all projected to be less than 0.2 percent of average sales. Thus, any
price increases or loss of profit would be quite small.
    Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to minimize the impact of this rule on all facilities, including
small entities. Most facilities are in subcategories for which the
proposed standards represent practices and controls that are common in
the industry. The standards also include only the minimal amount of
recordkeeping and reporting needed to demonstrate and verify
compliance. For example, compliance reports are required only for
semiannual reporting periods in which a deviation occurred, the owner
or operator invoked delay of repair provisions for a cooling tower
system, or a process change was made that potentially changed the
conditions on which a subcategory determination was made.
    We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, and tribal governments or the private
sector. This action imposes no enforceable duty on any State, local,
tribal governments or the private sector.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The proposed rules
contain no requirements that apply to such governments, and impose no
obligations upon them.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
    The proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This action imposes requirements
on owners and operators of specified area sources and not State and
local governments. Thus, Executive Order 13132 does not apply to the
proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
government, EPA specifically solicits comments on the proposed rule
from State and local officials.

F. Executive Order 13175

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
would not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. The action imposes requirements on owners
and operators of specified area sources and not tribal governments.
Thus, Executive Order 13175 does not apply to this action.
    EPA specifically solicits additional comment on this proposed
action from tribal officials.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the Order
has the potential to influence the regulation. This action is not
subject to Executive Order 13045 because it is based solely on
technology performance.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
proposed rule is not likely to have any adverse energy impacts.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards (VCS) in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. VCS are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by VCS bodies. NTTAA directs
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable VCS.
    The rulemaking involves technical standards. Therefore, EPA
conducted a search to identify potentially applicable VCS. However, we
identified no such standards, and none were brought to our attention in
comments. Therefore, EPA has decided to use Methods 5, 5D, and 29.
    EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially
applicable VCS and to explain why such standards should be used in this
regulation.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General
Provisions, a source may apply to EPA for permission to use alternative
test methods or alternative monitoring requirements in place of any
required testing methods, performance specifications, or procedures in
the final rule and amendments.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. The proposed rule establishes national standards for
each area source category.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.

    Dated: September 19, 2008.
Stephen L. Johnson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:

PART 63--[AMENDED]

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

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

    2. Part 63 is amended by adding subpart VVVVVV to read as follows:

Subpart VVVVVV--National Emission Standards for Hazardous Air
Pollutants for Chemical Manufacturing Area Source Categories

Applicability and Compliance Dates

Sec.
63.11494 What are the applicability requirements and compliance
dates?

Standards and Compliance Requirements

63.11495 What are the management practices and other requirements?
63.11496 What are the standards and compliance requirements for
process vents?
63.11497 What are the standards and compliance requirements for
storage tanks?
63.11498 What are the standards and compliance requirements for
equipment leaks?
63.11499 What are the standards and compliance requirements for
transfer operations?
63.11500 What are the standards and compliance requirements for
wastewater systems and cooling tower systems?
63.11501 What are the notification, recordkeeping, and reporting
requirements?

Other Requirements and Information

63.11502 What definitions apply to this subpart?
63.11503 Who implements and enforces this subpart?

Tables to Subpart VVVVVV of Part 63

Table 1 to Subpart VVVVVV of Part 63-Hazardous Air Pollutants Used
to Determine Applicability of Chemical Manufacturing Operations
Table 2 to Subpart VVVVVV of Part 63-Emission Limits, Management
Practices, and Compliance Requirements
Table 3 to subpart VVVVVV of Part 63-Partially Soluble HAP
Table 4 to Subpart VVVVVV of Part 63-Applicability of General
Provisions to Subpart VVVVVV

Applicability and Compliance Dates

Sec.  63.11494  What are the applicability requirements and compliance
dates?

    (a) Except as specified in paragraph (c) of this section, you are
subject to this subpart if you own or operate chemical manufacturing
operations that process, use, produce, or generate any of the HAP
listed in Table 1 to this subpart (Table 1 HAP) and are located at an
area source of HAP emissions. Feedstocks and products that contain
Table 1 HAP are defined to be materials that contain greater than 0.1
percent for carcinogens, as defined by OSHA at 29 CFR 1910.1200(d)(4),
and greater than 1.0 percent for noncarcinogens. To determine the Table
1 HAP content of feedstocks you may rely on formulation data provided
by the manufacturer or supplier, such as the Material Safety Data Sheet
for the material.
    (b) Chemical manufacturing operations include all process equipment
and activities involved in the production of materials described by
NAICS code 325. Chemical manufacturing operations also include each
storage tank, transfer rack, cooling tower system, wastewater system,
pump, compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, valve, connector, and instrumentation
system associated with the production of such materials.
    (c) This subpart does not apply to the operations specified in
paragraphs (c)(1) through (5) of this section.
    (1) The following chemical manufacturing area source categories
listed pursuant to CAA section 112(c)(3) or 112(k)(3)(B)(ii) that are
subject to or will be subject to area source standards under this part:
    (i) Manufacture of Paint and Allied Products
    (ii) Manufacture of Chemical Preparations
    (iii) Mercury Cell Chlor-Alkali Plants subject to subpart IIIII of
this part.
    (iv) Manufacture of polyvinyl chloride resins subject to subpart
DDDDDD of this part.
    (v) Manufacture of acrylic and modacrylic fibers and filaments
subject to subpart LLLLLL of this part.
    (vi) Manufacture of carbon black subject to subpart MMMMMM of this
part.
    (vii) Manufacture of chromium compounds subject to subpart NNNNNN
of this part.
    (2) The following chemical manufacturing processes or chemical
products described in NAICS code 325:
    (i) Manufacture of radioactive elements or isotopes, radium
chloride, radium luminous compounds, strontium, uranium.
    (ii) Manufacture of photographic film, paper, and plate where the
material is coated with or contains chemicals. This subpart does apply
to the manufacture of photographic chemicals.
    (iii) Fabricating operations (such as spinning or compressing a
solid polymer into its end use); compounding operations (in which
blending, melting, and resolidification of a solid polymer product
occur for the purpose of incorporating additives, colorants, or
stabilizers); and extrusion and drawing operations (converting an
already produced solid polymer into a different shape by melting or
mixing the polymer and then forcing it or pulling it through an orifice
to create an extruded product). An operation is subject if it involves
processing with HAP solvent or if an intended purpose of the operation
is to remove residual HAP monomer.
    (iv) Manufacture of chemicals classified in NAICS code 325222,
325314, or 325413.
    (3) Research and development facilities, as defined in CAA section
112(c)(7).
    (4) Quality assurance/quality control laboratories.
    (5) Boilers and incinerators not used to comply with the emission
standards

in Sec. Sec.  63.11495 through 63.11500, chillers and other
refrigeration systems, and other equipment and activities that are not
directly involved (i.e., they operate within a closed system and
materials are not combined with process fluids) in the processing of
raw materials or the manufacturing of a product or intermediates used
in the production of the product.
    (d) This subpart applies to each new or existing affected source.
The affected source is the chemical manufacturing operations located at
a facility that meets the criteria specified in paragraphs (a) and (b)
of this section.
    (1) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2008.
    (2) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2008.
    (e) You are exempt from the obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided you are not otherwise required
by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a).
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart.
    (f) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart no
later than 3 years after the date of publication of the final rule in
the Federal Register.
    (g) If you startup a new affected source on or before the date of
publication of the final rule in the Federal Register, you must achieve
compliance with the applicable provisions of this subpart no later than
the date of publication of the final rule in the Federal Register.
    (h) If you startup a new affected source after the date of
publication of the final rule in the Federal Register, you must achieve
compliance with the provisions in this subpart upon startup of your
affected source.

Standards and Compliance Requirements

Sec.  63.11495  What are the management practices and other
requirements?

    (a) If you have an affected source with batch process vents, all
process equipment in which organic HAP is used to process material must
be covered when in use, and closure mechanisms on other openings and
access points in process equipment must be in the closed position
during operation, except when operator access is necessary. You must
conduct inspections at least quarterly to demonstrate compliance with
these requirements and to determine if process equipment is sound and
free of leaks. You must repair any leak within 15 calendar days after
detection of the leak, or document the reason for any delay of repair.
You must keep records of the dates and results of each inspection and
the dates of equipment repairs. You must also comply with Sec.
63.11496(a) and Item 1 in Table 2 to this subpart, as applicable.
    (b) If you have an affected source with continuous process vents,
all process equipment in which organic HAP is used to process material
must be covered when in use, and closure mechanisms on other openings
and access points in process equipment must be in the closed position
during operation, except when operator access is necessary. You must
conduct inspections at least quarterly to demonstrate compliance with
these requirements and to determine if process equipment is sound and
free of leaks. You must repair any leak within 15 calendar days after
detection of the leak, or document the reason for any delay of repair.
You must keep records of the dates and results of each inspection and
the dates of equipment repairs. You must also comply with Sec.
63.11496(b) and Item 2 in Table 2 to this subpart, as applicable.
    (c) If you have an affected source with metal HAP process vents,
all process equipment in which metal HAP is present during the process
must be covered when in use, and closure mechanisms on other openings
and access points in process equipment must be in the closed position
during operation, except when operator access is necessary. You must
conduct inspections at least quarterly to determine compliance with
these requirements and to determine if the process equipment is sound
and free of leaks. You must repair any leak within 15 calendar days
after detection of the leak, or document the reason for any delay of
repair. You must keep records of the dates and results of each
inspection and the dates of equipment repairs. You must also comply
with Sec.  63.11496(f) and Item 3 in Table 2 to this subpart, as
applicable.
    (d) All openings and access points in storage tanks that are used
to store liquid that contains organic HAP at an affected source must be
covered, and the covers must be in the closed position, except when
operator access is necessary. You must conduct inspections at least
quarterly to determine compliance with these requirements and to
determine if the storage tank is sound and free of leaks. You must
repair any leak within 15 calendar days after detection of the leak, or
document the reason for any delay of repair. You must keep records of
the dates and results of each inspection and the date each leaking tank
is removed from service or repaired. You must also comply with Sec.
63.11497 and Item 4 in Table 2 to this subpart, as applicable.
    (e) For all equipment in organic HAP service, as defined in Sec.
63.11502, you must comply with Sec.  63.11498.
    (f) For all transfer operations at an affected source, you must not
allow any transferred material that contains organic HAP to be handled
in a manner that would result in vapor releases to the atmosphere for
extended periods of time. Measures to be taken include, but are not
limited to, the actions specified in paragraphs (f)(1) through (5) of
this section.
    (1) Minimize spills of material containing HAP.
    (2) Clean up spills of materials containing HAP as expeditiously as
practicable.
    (3) Cover all open containers of liquid containing HAP when not in
use.
    (4) Minimize the amount of HAP-containing material sent to
wastewater collection systems.
    (5) Use a submerged fill pipe that discharges no more than 12
inches from the bottom of the cargo tank.
    (g) For each cooling tower system at an affected source, you must
comply with paragraph (g)(1) or (2) of this section, as applicable.
    (1) For each cooling tower system with a water recirculation rate
less than 8,000 gallons per minute (gal/min) that serves heat
exchangers with process fluid that contains any HAP listed in Table 4
to 40 CFR part 63, subpart F, you must develop and operate in
accordance with a cooling tower system inspection plan. The plan must
describe the inspections to be performed that will provide evidence of
hydrocarbons in the recirculating water. Among other things,
inspections may include checks for visible floating hydrocarbon on the
water, hydrocarbon odor, discolored water, and/or chemical addition
rates. The plan must also describe corrective actions to be taken in
response to inspection results that indicate the presence of a leak.
You must repair any leak within 45 calendar days after detection of the
leak, or document the reason for any delay of repair. You must conduct
inspections at least once per quarter. You must maintain a log or
checklist to document the dates and results of inspections and the
dates and types of corrective actions taken after detecting leaks.

    (2) For each cooling tower with a water recirculation rate greater
than or equal to 8,000 gal/min that serves heat exchangers with process
fluid that contains any HAP listed in Table 4 to 40 CFR part 63,
subpart F, you must comply with the emission standards and other
requirements specified in Sec.  63.11500(b) and Item 5 in Table 2 to
this subpart.
    (h) You must comply with the applicable standards in Sec.
63.11500(a) and Items 7 and 8 in Table 2 to this subpart, as
applicable, for all wastewater streams that contain HAP listed in Table
3 to this subpart.

Sec.  63.11496  What are the standards and compliance requirements for
process vents?

    (a) Organic HAP emissions from batch process vents. You must comply
with the requirements in paragraphs (a)(1) through (4) of this section
for organic HAP emissions from your batch process vents. If
uncontrolled organic HAP emissions from all batch process vents are
equal to or greater than 19,000 lb/yr, you must also comply with the
emission limits and other requirements in Item 1 in Table 2 to this
subpart.
    (1) You must determine the sum of organic HAP emissions from all of
your batch process vents using test data or the procedures in Sec.
63.1257(d)(2)(i) and (ii) of subpart GGG of this part and Sec.
63.2460(b)(1) through (5) of subpart FFFF of this part. Emissions for a
standard batch in a process may be used to represent emissions from
each batch in that process. You must maintain records of the
calculations. Calculations are not required if you comply with Sec.
63.2460(b)(5) of subpart FFFF of this part. References in Sec.
63.2460(b) of subpart FFFF to Group 1 batch process vents within a
process means vents that must meet the emission standards for batch
process vents in Table 2 to this subpart.
    (2) As an alternative to calculating actual emissions for each
process, you may elect to estimate emissions for each process based on
the emissions for the worst-case process. The worst-case process means
the process at the affected source with the highest organic HAP
emissions per batch. Process knowledge, engineering assessment, or test
data may be used to identify the worst-case process. You must keep
records of the information and procedures used to identify the worst-
case process.
    (3) If your current estimate is that emissions from batch process
vents are less than 19,000 lb/yr, then you must keep a record of the
number of batches of each process operated per month. Also, you must
reevaluate your total emissions from batch process vents prior to
making any process changes that affect emissions. If projected
emissions increase to 19,000 lb/yr or more, you must comply with one of
the compliance options for batch process vents in Item 1 in Table 2 to
this subpart before operating under the new operating conditions. You
must maintain records documenting the results of all updated emissions
calculations.
    (4) As an alternative to determining the HAP emissions, you may
elect to demonstrate that the amount of organic HAP used in chemical
manufacturing operations is less than 19,000 lb/yr. You must provide
data and rationale in your notification of compliance status report
explaining why the organic HAP usage will be less than 19,000 lb/yr.
You must keep monthly records of the organic HAP usage.
    (b) Organic HAP emissions from continuous process vents. You must
comply with the requirements in paragraphs (b)(1) through (3) of this
section for organic HAP emissions from your continuous process vents.
If the TRE index value for a continuous process vent is less than or
equal to 1.0, you must also comply with the emission limits and other
requirements in Item 2 in Table 2 to this subpart.
    (1) You must determine the TRE index value according to the
procedures in Sec.  63.115(d) of subpart G of this part, except as
specified in paragraphs (b)(1)(i) through (iii) of this section.
    (i) You are not required to calculate the TRE index value if you
control emissions in accordance with Item 2 in Table 2 to this subpart.
    (ii) The reference to Sec.  63.113(a) in Sec.  63.115(d) of subpart
G of this part is not applicable for the purposes of this paragraph.
    (iii) The term ``Group 1'' vent in Sec.  63.115(d) of subpart G of
this part means a continuous process vent with a TRE index value less
than 1.0.
    (2) If the current TRE index value is greater than 1, you must
recalculate the TRE index value before you make any process or
operational change that affects parameters in the calculation. If the
recalculated TRE is less than or equal to 1.0, then you must comply
with one of the compliance options for continuous process vents in Item
2 to Table 2 to this subpart before operating under the new operating
conditions. You must maintain records of all TRE calculations.
    (3) If a recovery device is used to maintain the TRE index value at
a level greater than 1.0 and less than or equal to 4.0, you must comply
with with Sec.  63.982(e) and the requirements specified therein.
    (c) Combined streams. If you combine organic HAP emissions from
batch process vents and continuous process vents, you must comply with
the most stringent standard in Table 2 of this subpart that applies to
any portion of the combined stream. The TRE index value for continuous
process vents and the annual emissions from batch process vents shall
be determined for the individual streams before they are combined in
order to determine the most stringent applicable requirements.
    (d) Combustion of halogenated streams. If you use a combustion
device to comply with the emission limits for organic HAP from batch
process vents or continuous process vents, you must use a halogen
reduction device to meet the emission limit in either paragraph (d)(1)
or (2) of this section in accordance with Sec.  63.994 of subpart SS of
this part and the requirements referenced therein.
    (1) Reduce overall emissions of hydrogen halide and halogen HAP
after the combustion device by greater than or equal to 95 percent, to
less than or equal to 0.45 kilograms per hour (kg/hr), or to a
concentration less than or equal to 20 parts per million by volume
(ppmv).
    (2) Reduce the halogen atom mass emission rate before the
combustion device to less than or equal to 0.45 kg/hr or to a
concentration less than or equal to 20 ppmv.
    (e) Alternative standard for organic HAP. Exceptions to the
requirements for the alternative standard requirements specified in
Table 2 to this subpart and Sec.  63.2505 of subpart FFFF of this part
are specified in paragraphs (e)(1) through (4) of this section.
    (1) When Sec.  63.2505 of subpart FFFF refers to Tables 1 and 2 to
subpart FFFF and Sec. Sec.  63.2455 and 63.2460, it means Table 2 to
this subpart and Sec.  63.11496(a) and (b).
    (2) Section 63.2505(a)(2) of subpart FFFF does not apply.
    (3) When Sec.  63.2505(b) of subpart FFFF references Sec.  63.2445
it means Sec.  63.11494.
    (4) The requirements for hydrogen halide and halogen HAP apply only
to hydrogen halide and halogen HAP generated in a combustion device
that is used to comply with the alternative standard.
    (f) Emissions from metal HAP process vents. You must comply with
the requirements in paragraphs (f)(1) through (3) of this section for
metal HAP emissions from your metal HAP process vents. If the
uncontrolled metal HAP emissions from your metal HAP process

vents is equal to or greater than [100 lb/yr or 400 lb/yr], then you
must also comply with the emission limits and other requirements in
Item 3 in Table 2 to this subpart.
    (1) You must determine and sum the emissions from all of the metal
HAP process vents, except you are not required to determine the
emissions if you control metal HAP process vents in accordance with
Item 3 in Table 2 to this subpart. To determine the mass emission rate
you may use process knowledge, engineering assessment, or test data.
You must keep records of the emissions calculations.
    (2) If your current estimate is that metal HAP emissions are less
than [100 lb/yr or 400 lb/yr], then you must keep records of either the
number of batches operated per month or the process operating hours,
whichever is consistent with the basis used in the initial estimate of
emissions per year. Also, you must reevaluate your total emissions
before you make any process or operational change that affects
emissions of metal HAP. If emissions will increase to [100 lb/yr or 400
lb/yr] or more, then you must comply with one of the compliance options
for metal HAP process vents in Item 3 in Table 2 to this subpart before
operating under the new operating conditions. You must keep records of
all recalculated emissions determinations.
    (3) If you have an existing source, you must comply with the
performance testing and monitoring requirements in Sec.  63.11410(h)
through (j)(1) of subpart NNNNNN of this part, except as specified in
paragraphs (f)(3)(i) through (v) of this section. If you have a new
source, you must comply with the performance testing, monitoring, and
recordkeeping requirements in Sec.  63.11410(f) through (j)(1) of
subpart NNNNNN of this part, except as specified in paragraphs
(f)(3)(i) through (v) of this section.
    (i) When Sec.  63.11410(i) of subpart NNNNNN references an
emissions limit in Sec.  63.11409(b), it means Table 2 to this subpart.
    (ii) For each performance test, sampling must be conducted at both
the inlet and outlet of the control device, and the test must be
conducted under representative process operating conditions.
    (iii) As an alternative to conducting a performance test using
Method 5 or 5D to determine the concentration of particulate matter,
you may use Method 29 in 40 CFR part 60, Appendix A-8 to determine the
concentration of HAP metals. You have demonstrated initial compliance
if the overall reduction of either HAP metals or total PM is equal to
or greater than 95 percent.
    (iv) If you comply with the monitoring requirements in Sec.
63.11410(h) of subpart NNNNNN of this part, then you must keep records
of operating parameters that you monitor to demonstrate continuous
compliance.
    (v) The requirement in Sec.  63.11410(h) of subpart NNNNNN of this
part to submit the monitoring plan to EPA or the delegated authority
for approval does not apply. For an existing source, the requirement to
prepare a monitoring plan applies to fabric filter controls as well as
other types of controls. You must maintain the plan onsite and make it
available on request.

Sec.  63.11497  What are requirements for storage tanks?

    You must comply with the emission limits and other requirements in
Item 4 in Table 2 to this subpart for organic HAP emissions from your
storage tanks.

Sec.  63.11498  What are the requirements for equipment leaks?

    (a) You must perform quarterly leak inspections of all equipment in
organic HAP service. For these inspections, detection methods
incorporating sight, sound, and smell are acceptable.
    (b) You must repair or replace leaking equipment within 15 calendar
days after detection of the leak, or document the reason for any delay
of repair.
    (c) You must record the following information in a log book:
    (1) The date and results of each inspection, including the number
and location of any liquid or vapor leak.
    (2) The date of repair and the reason for any delay of repair
beyond 15 calendar days.

Sec.  63.11499  What are the requirements for transfer operations?

    You may comply with the emission standards in Item 6 in Table 2 to
this subpart for organic HAP emissions from your transfer operations in
lieu of submerged loading requirement in Sec.  63.11495(f)(5).

Sec.  63.11500  What are the requirements for wastewater systems and
cooling tower systems?

    (a) You must comply with the requirements in paragraph (a)(1) of
this section and in Item 7 in Table 2 to this subpart for all
wastewater streams. If the partially soluble HAP concentration in a
wastewater stream is equal to or greater than 10,000 parts per million
by weight (ppmw), then you must also comply with the emission standards
in Item 8 in Table 2 to this subpart for that wastewater stream.
Partially soluble HAP are listed in Table 3 to this subpart.
    (1) Determine concentrations. You must determine the total
concentration of partially soluble HAP in each wastewater stream using
the procedures in Sec.  63.144(b) of subpart G of this part, except as
specified in paragraphs (a)(1)(i) through (v) of this section. Also,
you must reevaluate the concentration of partially soluble HAP if you
make any process or operational change that affects the concentration
of partially soluble HAP in a wastewater stream.
    (i) References in Sec.  63.144(b) of subpart G to Table 9 compounds
mean the compounds listed in Table 3 to this subpart.
    (ii) References in Sec.  63.144(b) of subpart G to Table 8
compounds do not apply.
    (iii) References in Sec.  63.144(b) of subpart G to Group 2
wastewater streams mean streams determined to have total partially
soluble HAP concentrations below 10,000 ppmw.
    (iv) References in Sec.  63.144(b) of subpart G to flow weighted
total annual average concentration mean flow weighted average
concentration per chemical manufacturing process (i.e., each process in
a flexible operation unit is evaluated separately). If the
concentrations in a specific stream vary over the period of discharge
but are always less than 10,000 ppmw, then you may elect to determine
the maximum concentration only and maintain records containing
sufficient information to document why the determined concentration is
the maximum for that wastewater stream.
    (v) Section 63.144(b)(2) of subpart G does not apply.
    (2) [Reserved].
    (b) If the water recirculation rate in your cooling tower system is
equal to or greater than 8,000 gal/min, then you must comply with the
requirements specified in Item 5 in Table 2 to this subpart and in
paragraphs (b)(1) through (3) of this section for organic HAP emissions
from your cooling tower system.
    (1) Monitoring shall be no less frequent than quarterly.
    (2) The reference in Sec.  63.104(f)(2) of subpart F to ``the next
semi-annual periodic report required by Sec.  63.152(c)'' means the
next semi-annual compliance report required by Sec.  63.11501(f).
    (3) The reference in Sec.  63.104(f)(1) of subpart F to record
retention requirements in Sec.  63.103(c)(1) does not apply. Records
must be retained as specified in Sec. Sec.  63.10(b)(1) and
63.11501(d).

Sec.  63.11501  What are my notification, recordkeeping, and reporting
requirements?

    (a) General Provisions. You must meet the requirements of the
General Provisions in 40 CFR part 63, subpart A, as shown in Table 4 to
this subpart.
    (b) Notification of compliance status. Your notification of
compliance status required by Sec.  63.9(h) must include the following
additional information as applicable:
    (1) This certification of compliance, signed by a responsible
official, for the process vent standards in Sec.  63.11495 and Sec.
63.11496:
    (i) ``This facility complies with the management practices in Sec.
63.11495 for batch process vents'' and, if applicable, ``This facility
complies with the requirements in Sec.  63.11496(a) for organic HAP
emissions from batch process vents by routing emissions from a
sufficient number of vents through a closed-vent system to any
combination of control devices.''
    (ii) ``This facility complies with the management practices in
Sec.  63.11495 for continuous process vents'' and, if applicable,
``This facility complies with the requirements in Sec.  63.11496(b) for
organic HAP emissions from continuous process vents by venting
emissions through a closed vent system to any combination of control
devices.''
    (iii) ``This facility complies with the management practices in
Sec.  63.11495 for metal HAP process vents'' and, if applicable, ``This
facility complies with the requirements in Sec.  63.11496(f) for metal
HAP process vents by venting metal HAP emissions through a closed vent
system to a control device according to the requirements in Sec.
63.11496(f).''
    (2) This certification of compliance, signed by a responsible
official, for the storage tank standards in Sec.  63.11495 and Sec.
63.11497: ``This facility complies with the management practices in
Sec.  63.11495 for storage tanks'' and, if applicable, ``This facility
complies with the requirements in Sec.  63.11497 for storage tanks by
operating and maintaining a floating roof or closed vent system and
control device in accordance with 40 CFR 60.112b.''
    (3) This certification of compliance, signed by a responsible
official, for the equipment leak standards in Sec.  63.11498: ``This
facility complies with the requirements for equipment leaks in Sec.
63.11498 for all equipment that contains or contacts organic HAP.''
    (4) This certification, signed by a responsible official, for the
transfer operation standards in Sec.  63.11495 and Sec.  63.11499:
``This facility complies with the management practices in Sec.
63.11495 for transfer operations'' and, if applicable, ``This facility
complies with the requirements in Sec.  63.11499 for transfer
operations.''
    (5) This certification of compliance, signed by a responsible
official, for the cooling tower standards in Sec.  63.11495 and Sec.
63.11500: ``This facility complies with the management practices in
Sec.  63.11495 for cooling tower systems'' or ``This facility complies
with the requirements in Sec.  63.11500 for cooling tower systems.''
    (6) This certification of compliance, signed by a responsible
official, for the wastewater standards in Sec.  63.11500: ``This
facility complies with the requirements in Sec.  63.11500 to treat each
wastewater stream'' and, if applicable, ``This facility complies with
the requirements in Sec.  63.11500 for each stream that contains
partially soluble HAP at a concentration equal to or greater than
10,000 ppmw.''
    (7) This certification of compliance, signed by a responsible
official, for the requirement to prepare a startup, shutdown, and
malfunction plan: ``This facility has prepared a startup, shutdown, and
malfunction plan in accordance with the requirements of 40 CFR
63.6(e)(3).''
    (c) Recordkeeping. You must maintain files of all information
required by this subpart for at least 5 years following the date of
each occurrence according to the requirements in Sec.  63.10(b)(1) of
subpart A. If you are subject, you must comply with the recordkeeping
requirements of Sec.  63.10(b)(2) of subpart A and the requirements
specified for subpart SS (process vents), 40 CFR part 60, subpart Kb
(storage tanks), and subpart F (cooling tower systems) as specified in
this subpart.
    (d) Semiannual compliance reports. You must submit a semiannual
compliance report as required by Sec.  63.10(e)(3) only for semiannual
reporting periods during which a deviation occurred, you invoked the
delay of repair provisions for cooling tower systems, you do not repair
an equipment leak or a leak in any process vessel or any storage tank
within 15 days or any cooling tower with a recirculation rate less than
8000 gal/min within 45 days, or you implemented a process change. Your
report must include the information specified in paragraphs (d)(1)
through (3) of this section, if applicable.
    (1) You must clearly identify any deviation from the requirements
of this subpart.
    (2) You must include the information specified in Sec.
63.104(f)(2) of subpart F for each delay of repair of each cooling
tower with a recirculation rate greater than or equal to 8,000 gal/min.
    (3) You must provide information on the date of the equipment leak
or the leak in the process vessel, storage tank, or cooling vessel with
a recirculation rate less than 8000 gal./min. was identified, the date
the leak was repaired, and the reason for the delay in repair.
    (4) You must report each process change that affects a compliance
determination and submit a new certification of compliance with the
applicable requirements in accordance with the procedures specified in
paragraph (b) of this section.

Sec.  63.11502  What definitions apply to this subpart?

    Terms used in this subpart have the meaning given them in the Clean
Air Act, Sec.  63.2, subpart SS (Sec.  63.981), 40 CFR 60.111b, subpart
F (Sec.  63.101), subpart G (Sec.  63.111), subpart FFFF (Sec.
63.2550), and in this section as follows:
    Batch process vent means the point of discharge from a unit
operation in chemical manufacturing operations of a gas stream that
contains organic HAP and flows intermittently.
    Continuous process vent means the point of discharge from a unit
operation in chemical manufacturing operations of a gas stream that
originates as a continuous flow from a continuous operation and
contains organic HAP.
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation or
management practice;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Fails to meet any emissions limitation or management practice
in this subpart during startup, shutdown, or malfunction, regardless of
whether or not such failure is permitted by this subpart.
    Equipment means each pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, and instrumentation systems that contains or contacts
organic HAP as defined in section 112 of the CAA.
    In organic HAP service means that a piece of equipment either
contains or

contacts a fluid (liquid or gas) that contains one or more organic HAP.
    Metal HAP means the compounds containing metals listed as HAP in
section 112 of the CAA.
    Metal HAP process vent means the point of discharge to the
atmosphere (or inlet to a control device, if any) of a metal HAP-
containing gas stream from any unit operation in chemical manufacturing
operations at an affected source.
    Organic HAP means any organic HAP listed in section 112 of the CAA.
For the purposes of requirements in this subpart VVVVVV, hydrazine is
to be considered an organic HAP.
    Recovery device means an individual unit of equipment used for the
purpose of recovering chemicals from gas streams for fuel value (i.e.,
net positive heating value), use, reuse, or for sale for fuel value,
use, or reuse. Examples of equipment that may be recovery devices
include absorbers, carbon adsorbers, condensers, oil-water separators
or organic-water separators, or organic removal devices such as
decanters, strippers, or thin-film evaporation units.
    Responsible official means responsible official as defined in 40
CFR 70.2.
    Storage tank means a tank or other vessel that is used to store
liquids that contain organic HAP that are used in or produced by
chemical manufacturing operations. Surge control vessels and bottoms
receivers are considered to be storage tanks for the purposes of this
subpart. The following are not considered storage tanks for the
purposes of this subpart.
    (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 emissions to the atmosphere; and
    (3) Process vessels.
    Total organic HAP means all of the organic HAP as defined in
section 112 of the CAA.
    Transfer operations means all loading into tank trucks and rail
cars of liquid containing organic HAP from a transfer rack. A transfer
rack is the system used to fill tank trucks and railcars at a single
geographic site. Transfer operations do not include the loading to
other types of containers such as cans, drums, and totes.
    Wastewater means water that is discarded from an affected source
and that contains any HAP listed in Table 9 to 40 CFR part 63, subpart
G. Wastewater means both process wastewater and maintenance wastewater.

Sec.  63.11503  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as a State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a State, local, or
tribal agency pursuant to 40 CFR subpart E, then that Agency has the
authority to implement and enforce this subpart. You should contact
your U.S. EPA Regional Office to find out if this subpart is delegated
to a State, local, or tribal agency within your State.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the approval authorities contained in paragraphs (b)(1)
through (4) of this section are retained by the Administrator of the
U.S. EPA and are not transferred to the State, local, or tribal agency.
    (1) Approval of an alternative non-opacity emissions standard under
Sec.  63.6(g).
    (2) Approval of a major change to a test method under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.

Tables to Subpart VVVVVV of Part 63

    As required in Sec.  63.11494(a), chemical manufacturing operations
that process, use, or produce the HAP shown in the following table are
subject to subpart VVVVVV.

 Table 1 to Subpart VVVVVV of Part 63--Hazardous Air Pollutants Used To
      Determine Applicability of Chemical Manufacturing Operations
------------------------------------------------------------------------
           Type of HAP                   Chemical name         CAS No.
------------------------------------------------------------------------
1. Organic compounds.............  a. 1,3-butadiene........       106990
                                   b. 1,3-dichloropropene..       542756
                                   c. Acetaldehyde.........        75070
                                   d. Chloroform...........        67663
                                   e. Ethylene dichloride..       107062
                                   f. Hexachlorobenzene....       118741
                                   g. Methylene chloride...        75092
                                   h. Quinoline............        91225
2. Metal compounds...............  a. Arsenic compounds....  ...........
                                   b. Cadmium compounds....  ...........
                                   c. Chromium compounds...  ...........
                                   d. Lead compounds.......  ...........
                                   e. Manganese compounds..  ...........
                                   f. Nickel compounds.....  ...........
3. Others........................  a. Hydrazine............       302012
------------------------------------------------------------------------

    As required in Sec. Sec.  63.11495, 63.11496, 63.11497, 63.11499,
and 63.11500, you must comply with the requirements for process vents,
storage tanks, cooling towers, transfer operations, and wastewater as
shown in the following table.

    Table 2 to Subpart VVVVVV of Part 63--Emission Limits, Management
              Practices, and Other Compliance Requirements
------------------------------------------------------------------------
                                                      And you must . . .
            For . . .               You must . . .
------------------------------------------------------------------------
1. Batch process vents..........  a. If total         i. Comply with the
                                   organic HAP         requirements of
                                   emissions are       Sec.   63.982(c)
                                   equal to or         and the
                                   greater than        requirements
                                   19,000 lb/yr,       referenced
                                   reduce collective   therein, and
                                   uncontrolled       ii. Comply with
                                   total organic HAP   subpart SS
                                   emissions from      including
                                   the sum of all      exceptions and
                                   batch process       alternatives to
                                   vents by 90         requirements in
                                   percent by weight   subpart SS as
                                   or greater or to    specified in Sec.
                                   <20 ppmv by          Sec.
                                   routing emissions   63.2450(g)
                                   from a sufficient   through (i), (k),
                                   number of the       (l), (m)(3), (p),
                                   batch process       (q), and Sec.
                                   vents through a     63.2460(c),
                                   closed vent         except that
                                   system to any       references to
                                   combination of      emission limits
                                   control devices     in Table 2 of
                                   (except a flare);   subpart FFFF mean
                                   or                  the emission
                                                       limits in item
                                                       1.a. of this
                                                       Table, and
                                                       references to
                                                       reporting
                                                       requirements in
                                                       Sec.   63.2520
                                                       mean Sec.
                                                       63.11501 of this
                                                       subpart, and
                                                      iii. If you
                                                       combust a
                                                       halogenated vent
                                                       stream, comply
                                                       with the
                                                       requirements for
                                                       halogen scrubbers
                                                       in Sec.
                                                       63.11496(d).
                                  b. Route emissions  Comply with the
                                   from batch          requirements of
                                   process vents       Sec.   63.982(b)
                                   containing at       and the
                                   least 90 percent    requirements
                                   of the              referenced
                                   uncontrolled        therein.
                                   total organic HAP
                                   through a closed-
                                   vent system to a
                                   flare (except
                                   that a flare may
                                   not be used to
                                   control
                                   halogenated vent
                                   streams), or
                                  c. Comply with the  Not applicable.
                                   alternative
                                   standard
                                   specified in Sec.
                                     63.2505, except
                                   as specified in
                                   Sec.
                                   63.11496(e), or
                                  d. Comply with      Comply with the
                                   combinations of     additional
                                   the requirements    requirements
                                   in items a., b.,    specified above
                                   and c. of this      for items a., b.,
                                   Table for           and c., as
                                   different groups    applicable.
                                   of batch process
                                   vents.
2. Each continuous process vent   a. Reduce           i. Comply with the
 with a TRE <=1.0.                 emissions of        requirements of
                                   organic HAP by 95   Sec.   63.982(c)
                                   percent by weight   and the
                                   or greater by       requirements
                                   routing emissions   referenced
                                   through a closed    therein, and
                                   vent system to     ii. Comply with
                                   any combination     exceptions and
                                   of control          alternatives to
                                   devices (except a   requirements in
                                   flare); or          subpart SS as
                                                       specified in Sec.
                                                         63.2450(g)
                                                       through (i), (k),
                                                       (l), (m)(3), (p),
                                                       and (q), except
                                                       that references
                                                       to emission
                                                       limits in Table 1
                                                       of subpart FFFF
                                                       mean the emission
                                                       limits in item
                                                       2.a. of this
                                                       Table, and
                                                       references to
                                                       reporting
                                                       requirements in
                                                       Sec.   63.2520
                                                       mean Sec.
                                                       63.11501 of this
                                                       subpart.
                                                      iii. If you
                                                       combust a
                                                       halogenated vent
                                                       stream, comply
                                                       with the
                                                       requirements for
                                                       halogen scrubbers
                                                       in Sec.
                                                       63.11496(d).
                                  b. Reduce           Comply with the
                                   emissions of        requirements of
                                   total organic HAP   Sec.   63.982(b)
                                   by routing          and the
                                   emissions through   requirements
                                   a closed-vent       referenced
                                   system to a flare   therein.
                                   (except that a
                                   flare may not be
                                   used to control
                                   halogenated vent
                                   streams), or
                                  c. Comply with the  Not applicable.
                                   alternative
                                   standard
                                   specified in Sec.
                                     63.2505, except
                                   as specified in
                                   Sec.
                                   63.11496(e).
3. Metal process vents..........  a. If total metal   Comply with Sec.
                                   HAP emissions are   63.11496(f).
                                   equal to or
                                   greater than [100
                                   lb/yr or 400 lb/
                                   yr], reduce
                                   uncontrolled
                                   emissions of
                                   metal HAP
                                   emissions by 95
                                   percent by weight
                                   or greater by
                                   routing emissions
                                   from all metal
                                   process vents
                                   through a closed-
                                   vent system to a
                                   control device.
4. Each storage tank............  a. Operate and      i. Comply with the
                                   maintain a          applicable
                                   floating roof or    inspection and
                                   closed-vent         testing
                                   system and          requirements in
                                   control device in   40 CFR
                                   accordance with     60.113b(a), (b),
                                   40 CFR 60.112b.     or (c) for the
                                                       selected control
                                                       option, and
                                                      ii. Comply with
                                                       the applicable
                                                       recordkeeping and
                                                       reporting
                                                       requirements in
                                                       40 CFR 60.115b
                                                       and 40 CFR
                                                       60.116b for the
                                                       selected control
                                                       option.

5. Each cooling tower system      a. Comply with the  i. Repair each
 with a recirculation rate         requirements of     leak in
 >=8,000 gal/min.                  Sec.   63.104(c),   accordance with
                                   except as           Sec.   63.104(d)
                                   specified in Sec.   and (e), and
                                     63.11500(b), or  ii. Keep records
                                  b. Operate in        and submit
                                   accordance with     reports in
                                   Sec.   63.104(a).   accordance with
                                                       Sec.   63.104(f),
                                                       except as
                                                       specified in Sec.
                                                         63.11500(b).
                                                      Keep records
                                                       documenting
                                                       compliance with
                                                       the specified
                                                       operating
                                                       conditions.
6. Transfer operations..........  a. Control total    Not applicable.
                                   organic HAP
                                   emissions from
                                   all transfer
                                   operations using
                                   any combination
                                   of submerged
                                   loading, vapor
                                   balancing, and
                                   routing displaced
                                   vapors through a
                                   closed-vent
                                   system to a
                                   control device.
7. Wastewater stream............  a. Discharge to     Maintain records
                                   onsite or offsite   identifying each
                                   treatment.          wastewater stream
                                                       and documenting
                                                       the type of
                                                       treatment that it
                                                       receives.
8. Wastewater stream containing   a. Use a decanter   i. For the water
 partially soluble HAP at a        or other            phase: comply
 concentration >=10,000 ppmw.      equipment based     with the
                                   on the operating    requirements in
                                   principle of        item 7 of this
                                   gravity             table, and
                                   separation to      ii. For the
                                   separate the        organic phase(s):
                                   water phase from    Recycle to a
                                   the organic         process, use as
                                   phase(s).           fuel, or dispose
                                                       as hazardous
                                                       waste, and
                                                      iii. Keep records
                                                       of the wastewater
                                                       streams subject
                                                       to this
                                                       requirement and
                                                       the disposition
                                                       of the organic
                                                       phase(s).
------------------------------------------------------------------------

       Table 3 to Subpart VVVVVV of Part 63--Partially Soluble HAP
 As required in Sec.   63.11500(a), you must comply with emission limits
 for wastewater streams that contain the partially soluble HAP listed in
                          the following table.
------------------------------------------------------------------------
                 Partially soluble HAP name                    CAS No.
------------------------------------------------------------------------
1. 1,1,1-Trichloroethane (methyl chloroform)...............        71556
2. 1,1,2,2-Tetrachloroethane...............................        79345
3. 1,1,2-Trichloroethane...................................        79005
4. 1,1-Dichloroethylene (vinylidene chloride)..............        75354
5. 1,2-Dibromoethane.......................................       106934
6. 1,2-Dichloroethane (ethylene dichloride)................       107062
7. 1,2-Dichloropropane.....................................        78875
8. 1,3-Dichloropropene.....................................       542756
9. 2,4,5-Trichlorophenol...................................        95954
10. 1,4-Dichlorobenzene....................................       106467
11. 2-Nitropropane.........................................        79469
12. 4-Methyl-2-pentanone (MIBK)............................       108101
13. Acetaldehyde...........................................        75070
14. Acrolein...............................................       107028
15. Acrylonitrile..........................................       107131
16. Allyl chloride.........................................       107051
17. Benzene................................................        71432
18. Benzyl chloride........................................       100447
19. Biphenyl...............................................        92524
20. Bromoform (tribromomethane)............................        75252
21. Bromomethane...........................................        74839
22. Butadiene..............................................       106990
23. Carbon disulfide.......................................        75150
24. Chlorobenzene..........................................       108907
25. Chloroethane (ethyl chloride)..........................        75003
26. Chloroform.............................................        67663
27. Chloromethane..........................................        74873
28. Chloroprene............................................       126998
29. Cumene.................................................        98828
30. Dichloroethyl ether....................................       111444
31. Dinitrophenol..........................................        51285
32. Epichlorohydrin........................................       106898
33. Ethyl acrylate.........................................       140885
34. Ethylbenzene...........................................       100414
35. Ethylene oxide.........................................        75218
36. Ethylidene dichloride..................................        75343
37. Hexachlorobenzene......................................       118741
38. Hexachlorobutadiene....................................        87683
39. Hexachloroethane.......................................        67721
40. Methyl methacrylate....................................        80626

41. Methyl-t-butyl ether...................................      1634044
42. Methylene chloride.....................................        75092
43. N-hexane...............................................       110543
44. N,N-dimethylaniline....................................       121697
45. Naphthalene............................................        91203
46. Phosgene...............................................        75445
47. Propionaldehyde........................................       123386
48. Propylene oxide........................................        75569
49. Styrene................................................       100425
50. Tetrachloroethylene (perchloroethylene)................       127184
51. Tetrachloromethane (carbon tetrachloride)..............        56235
52. Toluene................................................       108883
53. Trichlorobenzene (1,2,4-)..............................       120821
54. Trichloroethylene......................................        79016
55. Trimethylpentane.......................................       540841
56. Vinyl acetate..........................................       108054
57. Vinyl chloride.........................................        75014
58. Xylene (m).............................................       108383
59. Xylene (o).............................................        95476
60. Xylene (p).............................................       106423
------------------------------------------------------------------------

           Table 4 to Subpart VVVVVV of Part 63--Applicability of General Provisions to Subpart VVVVVV
  As required in Sec.   63.11501(a), you must comply with the requirements of the NESHAP General Provisions (40
                            CFR part 63, subpart A) as shown in the following table.
----------------------------------------------------------------------------------------------------------------
                                                                  Applies to Subpart
              Citation                        Subject                   VVVVVV?                Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),   Applicability..........  Yes.....................
 (a)(6), (a)(10)-(a)(12), (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),    Reserved...............  No......................
 (c)(3), (c)(4), (d).
63.2................................  Definitions............  Yes.....................
63.3................................  Units and Abbreviations  Yes.....................
63.4................................  Prohibited Activities    Yes.....................
                                       and Circumvention.
63.5................................  Preconstruction Review   Yes.....................
                                       and Notification
                                       Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),       Compliance with          Yes.....................
 (c)(1), (c)(2), (c)(5), (e)(1),       Standards and
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),    Maintenance
 (f) (g), (i), (j).                    Requirements.
63.6(b)(6), (c)(3), (c)(4), (d),      Reserved...............  No......................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)-         .......................  No......................  Subpart VVVVVV does not
 (h)(5)(iii), (h)(6)-(h)(9).                                                              include opacity or
                                                                                visible emissions
                                                                                standards or require a
                                                                                continuous opacity
                                                                                monitoring system.
63.7................................  Performance Testing      Yes.....................
                                       Requirements.
63.8(a)(1), (a)(2), (a)(4), (b),      Monitoring Requirements  Yes.....................
 (c)(1)-(c)(3), (f)(1)-(5).
63.8(a)(3)..........................  Reserved...............  No......................
63.8(c)(4)..........................  .......................  No......................  Continuous parameter
                                                                                monitoring system
                                                                                (CPMS) requirements in
                                                                                40 CFR part 63,
                                                                                subparts SS and FFFF
                                                                                are referenced from
                                                                                Sec.   63.11495.
63.8(c)(5)..........................  .......................  No......................  Subpart VVVVVV does not
                                                                                require continuous
                                                                                opacity monitoring
                                                                                systems (COMS).
63.8(c)(6)-(c)(8), (d), (e), (f)(6).  .......................  Yes.....................  Requirements apply only
                                                                                if you use a
                                                                                continuous emission
                                                                                monitoring system
                                                                                (CEMS) to demonstrate
                                                                                compliance with the
                                                                                alternative standard
                                                                                in Sec.   63.11495(e).

63.8(g)(1)-(g)(4)...................  .......................  Yes.....................  Data reduction
                                                                                requirements apply
                                                                                only if you use CEMS
                                                                                to demonstrate
                                                                                compliance with
                                                                                alternative standard
                                                                                in Sec.   63.11495(d).
                                                                                COMS requirements do
                                                                                not apply. Requirement
                                                                                in Sec.   63.8(g)(2)
                                                                                does not apply because
                                                                                data reduction for
                                                                                CEMS are specified in
                                                                                40 CFR part 63,
                                                                                subpart FFFF.
63.8(g)(5)..........................  .......................  No......................  Data reduction
                                                                                requirements for CEMS
                                                                                are specified in 40
                                                                                CFR part 63, subpart
                                                                                FFFF as referenced
                                                                                from Sec.   63.11496.
                                                                                CPMS requirements are
                                                                                specified in 40 CFR
                                                                                part 63, subparts SS
                                                                                and FFFF as referenced
                                                                                from Sec.   63.11496.
63.9(a), (b)(1), (b)(2), (b)(4),      Notification             Yes.....................
 (b)(5), (c), (d), (e), (i), (j).      Requirements.
63.9(b)(3), (h)(4)..................  Reserved...............  No......................
63.9(f).............................  .......................  No......................  Subpart VVVVVV does not
                                                                                contain opacity or VE
                                                                                limits.
63.9(g).............................  .......................  Yes.....................  Additional notification
                                                                                requirement applies
                                                                                only if you use CEMS
                                                                                to demonstrate
                                                                                compliance with
                                                                                alternative standard
                                                                                in Sec.   63.11495(d).
63.9(h)(1)-(h)(3), (h)(5)-(h)(6)....  .......................  Yes.....................  Except Subpart VVVVVV
                                                                                does not contain
                                                                                opacity or VE limits.
63.10(a)............................  Recordkeeping            Yes.....................
                                       Requirements.
63.10(b)(1).........................  .......................  Yes.....................
63.10(b)(2)(i)-(b)(2)(v)............  .......................  Yes.....................
63.10(b)(2)(vi), (x), (xi), (xiii)..  .......................  Yes.....................  Apply only if you use
                                                                                CEMS to demonstrate
                                                                                compliance with
                                                                                alternative standard
                                                                                in Sec.   63.11495(e).
63.10(b)(2)(vii)-(b)(2)(ix),          .......................  Yes.....................
 (b)(2)(xii), (b)(2)(xiv).
63.10(b)(3).........................  .......................  Yes.....................
63.10(c)(1), (c)(5)-(c)(6), (c)(13)-  .......................  Yes.....................  Apply only if you use
 (c)(14).                                                                                CEMS to demonstrate
                                                                                compliance with
                                                                                alternative standard
                                                                                in Sec.   63.11496(d).
63.10(c)(7)-(c)(8), (c)(10)-(c)(12),  .......................  Yes.....................
 (c)(15).
63.10(c)(2)-(c)(4), (c)(9)..........  Reserved...............  No......................