affected sources that commenced construction or reconstruction after
December 17, 2019, we are proposing owners or operators comply with the
ethylene oxide requirements by the effective date of the final rule (or
upon startup, whichever is later).
    Finally, we are proposing to change the requirements for SSM by
removing the exemption from the requirements to meet the standard
during SSM periods and by removing the requirement to develop and
implement an SSM plan. We are also proposing electronic reporting
requirements. We are positing that facilities would need some time to
successfully accomplish these revisions, including time to read and
understand the amended rule requirements, to evaluate their operations
to ensure that they can meet the standards during periods of startup
and shutdown, as defined in the rule, and make any necessary
adjustments, including making adjustments to standard operating
procedures, and to convert reporting mechanisms to install necessary
hardware and software. The EPA recognizes the confusion that multiple
different compliance dates for individual requirements would create and
the additional burden such an assortment of dates would impose. From
our assessment of the timeframe needed for compliance with the entirety
of the proposed revisions to SSM requirements as well as the new
proposed electronic reporting requirements for flare management plans,
compliance reports, and performance evaluation reports, the EPA
considers a period of 3 years after the effective date of the final
rule to be the most expeditious compliance period practicable and,
thus, is proposing that all affected sources be in compliance with
these revised requirements upon initial startup or within 3 years of
the effective date of the final rule, whichever is later. However, we
are proposing to provide 60 days after the effective date of the final
rule (or upon startup, whichever is later) for owners or operators to
comply with the requirement to report performance test results and
reports electronically.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    There are 201 MON facilities currently operating. A complete list
of facilities that are currently subject to the MON is available in
Appendix 1 of the document titled Residual Risk Assessment for the
Miscellaneous Organic Chemical Manufacturing Source Category in Support
of the 2019 Risk and Technology Review Proposed Rule, which is
available in the docket for this rulemaking.

B. What are the air quality impacts?

    At the current level of control, estimated ethylene oxide emissions
from the modeling file were approximately 9.5 tpy from the eight
facilities with emission process groups in ethylene oxide service. For
co-proposed Control Option 1, we estimated ethylene oxide emissions
reductions of 8.8 tpy for equipment leaks, storage tanks, and process
vents in ethylene oxide service. For co-proposed Control Option 2, we
estimated ethylene oxide emissions reductions of 9.0 tpy for equipment
leaks, storage tanks, and process vents in ethylene oxide service.
    At the current level of control, we estimate HAP emissions for 194
MON facilities of approximately 2,558 tpy and VOC emissions of
approximately 19,719 tpy, based on the MON emissions inventory. We
estimate that HAP emissions reductions would range from 52 tpy (based
on model plant estimates) to 116 tpy (based on the MON emissions
inventory) and VOC emissions reductions range from 283 tpy (based on
the MON emissions inventory) to 385 tpy (based on model plant
estimates) as a result of the proposed amendments for MON equipment
leaks and heat exchange systems. Note, these emissions reductions do
not consider the potential excess emissions reductions from flares that
could result from the proposed requirements; we estimated flare excess

emissions reductions of 263 tpy HAP (based on model plant estimates)
and 1,254 tpy VOC (based on model plant estimates). If we considered
the flare excess emissions, the total emissions reductions as a result
of the proposed amendments were estimated between 315 and 379 tpy of
HAP and between 1,537 and 1,639 tpy of VOC. These emissions reductions
are documented in the following memoranda, which is available in the
docket for this rulemaking: Clean Air Act Section 112(d)(6) Technology
Review for Equipment Leaks Located in the Miscellaneous Organic
Chemical Manufacturing Source Category, Clean Air Act Section 112(d)(6)
Technology Review for Heat Exchange Systems Located in the
Miscellaneous Organic Chemical Manufacturing Source Category, Analysis
of Control Options for Storage Tanks and Process Vents Emitting
Ethylene Oxide Located in the Miscellaneous Organic Chemical
Manufacturing Source Category, Analysis of Control Options for
Equipment Leaks at Processes that use Ethylene Oxide Located in the
Miscellaneous Organic Chemical Manufacturing Source Category, Control
Option Impacts for Flares Located in the Miscellaneous Organic Chemical
Manufacturing Source Category, and Residual Risk Assessment for the
Miscellaneous Organic Chemical Manufacturing Source Category in Support
of the 2019 Risk and Technology Review Proposed Rule.

C. What are the cost impacts?

    The nationwide costs of the proposed amendments are presented in
Table 12 of this preamble for (1) all MON sources, (2) only MON sources
not expected to be affected by the proposed ethylene oxide-specific
controls (i.e., equipment leaks, heat exchange systems, flares, PRDs,
maintenance vents, recordkeeping and reporting), and (3) only MON
sources expected to be affected by the proposed ethylene oxide controls
(i.e., storage tanks, process vents, equipment leaks). As described in
this preamble, for ethylene oxide sources, we are co-proposing two
options which differ only by the proposed equipment leak standards. The
first option (i.e., Control Option 1) proposes that the same equipment
leak standards (i.e., lower the leak definition for batch pumps to
1,000 ppm and require connector monitoring at a leak definition of 500
ppm) will apply to all facilities in ethylene oxide service. The second
option (i.e., Control Option 2) proposes that different equipment leak
standards will apply to facilities in ethylene oxide service, depending
on whether their cancer risk is lower than 100-in-1 million (i.e.,
lower the leak definition for batch pumps to 1,000 ppm and require
connector monitoring at a leak definition of 500 ppm) or greater than
100-in-1 million (i.e., require leakless pumps, leakless valves, and
connector monitoring at a leak definition of 100 ppm). These costs are
presented in different columns in Table 12 of this preamble, and are
referred to as ``Option 1'' and ``Option 2,'' respectively.

                                                      Table 12--Total Capital and Annualized Costs
                                                                         [2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Option 1                                        Option 2
                                                         -----------------------------------------------------------------------------------------------
                                                                               Total           Total                           Total           Total
                                                                            annualized      annualized                      annualized      annualized
                                                           Total capital    costs  w/o       costs  w/     Total capital    costs  w/o       costs  w/
                                                               costs         recovery        recovery          costs         recovery        recovery
                                                                              credits         credits                         credits         credits
--------------------------------------------------------------------------------------------------------------------------------------------------------
All MON Sources--Total..................................      42,400,000      12,600,000      12,300,000      43,000,000      12,700,000      12,400,000
MON Sources w/o Ethylene Oxide Controls--Total..........      39,700,000      10,900,000      10,500,000      39,700,000      10,900,000      10,500,000
    Flares \1\..........................................      17,200,000       4,090,000       4,090,000      17,200,000       4,090,000       4,090,000
    Equipment Leaks \2\.................................         829,000         150,000          82,000         829,000         150,000          82,000
    Pressure Relief Devices \3\.........................      18,700,000       4,770,000       4,770,000      18,700,000       4,770,000       4,770,000
    Maintenance Vents \3\...............................  ..............           2,340           2,340  ..............           2,340           2,340
Heat Exchange Systems \4\...............................       1,480,000         261,000        (14,300)       1,480,000         261,000        (14,300)
Recordkeeping and Reporting.............................       1,490,000       1,610,000       1,610,000       1,490,000       1,610,000       1,610,000
MON Sources w/Ethylene Oxide Controls--Total............       2,720,000       1,760,000       1,750,000       3,320,000       1,860,000       1,850,000
    Equipment Leaks \5\.................................          76,200          48,500          45,300         674,000         149,000         145,000
    Process Vents \6\...................................       2,180,000         914,000         914,000       2,180,000         914,000         914,000
    Storage Tanks \6\...................................         466,000         796,000         796,000         466,000         796,000         796,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The flare costs include purchasing analyzers, monitors, natural gas and steam, developing a flare management plan, and performing root cause
  analysis and corrective action, and are discussed in the memorandum titled Control Option Impacts for Flares Located in the Miscellaneous Organic
  Chemical Manufacturing Source Category, in the docket for this rulemaking.
\2\ Equipment leak costs include LDAR at a leak definition of 1,000 ppmv for light liquid pumps at batch processes, and are discussed in the memorandum
  titled Clean Air Act Section 112(d)(6) Technology Review for Equipment Leaks Located in the Miscellaneous Organic Chemical Manufacturing Source
  Category, in the docket for this rulemaking.
\3\ Pressure relief device costs were developed to comply with the proposed work practice standard and include implementation of three prevention
  measures, performing root cause analysis and corrective action, and purchasing pressure relief device monitors. Maintenance costs were estimated to
  document equipment opening procedures and circumstances under which the alternative maintenance vent limit is used. Costs are discussed in the
  memorandum titled Review of Regulatory Alternatives for Certain Vent Streams in the Miscellaneous Organic Chemical Manufacturing Source Category, in
  the docket for this rulemaking.
\4\ Heat exchange systems costs include the use of the Modified El Paso Method to monitor for leaks, and are discussed in the memorandum titled Clean
  Air Act Section 112(d)(6) Technology Review for Heat Exchange Systems in the Miscellaneous Organic Chemical Manufacturing Source Category, in the
  docket for this rulemaking.

\5\ Equipment leak costs for equipment in ethylene oxide service include two co-proposed options, Control Options 1 and 2. Control Option 1 includes
  LDAR at a leak definition of 1,000 ppmv for light liquid pumps at batch processes with monthly monitoring and connector monitoring at a leak
  definition of 500 ppmv with annual monitoring. Control Option 2 includes the same controls as Control Option 1 for streams in ethylene oxide service,
  except that more stringent controls are applied to the two facilities with risks above 100-in-1 million. These more stringent controls include
  requiring light liquid pumps in ethylene oxide service to be leakless with annual monitoring, gas/vapor and light liquid valves in ethylene oxide
  service to either be leakless with annual monitoring or not be leakless and be monitored quarterly with equipment considered to be leaking if an
  instrument reading above background is found, and connector monitoring for connectors in ethylene oxide service at a leak definition of 100 ppmv with
  monthly monitoring. Costs are discussed in the memorandum titled Analysis of Control Options for Equipment Leaks at Processes that use Ethylene Oxide
  Located in the Miscellaneous Organic Chemical Manufacturing Source Category, in the docket for this rulemaking.
\6\ Costs for process vents and storage tanks in ethylene oxide service include the requirement to control all storage tanks in ethylene oxide service,
  the installation of a control device that achieves 99.9-percent ethylene oxide emissions reductions, and initial and periodic performance testing of
  the control device, and are discussed in the memorandum titled Analysis of Control Options for Storage Tanks and Process Vents Emitting Ethylene Oxide
  Located in the Miscellaneous Organic Chemical Manufacturing Source Category, in the docket for this rulemaking.

D. What are the economic impacts?

    The EPA conducted economic impact analyses for this proposal, as
detailed in the memorandum, Economic Impact and Small Business
Screening Assessments for the Proposed Amendments to the National
Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic
Chemical Manufacturing, which is available in the docket for this
action. For the proposed amendments, the EPA performed a screening
analysis for impacts on all affected facilities by comparing compliance
costs to revenues at the ultimate parent company level. This is known
as the cost-to-revenue or cost-to-sales ratio, or the ``sales test.''
The ``sales test'' is an impact methodology the EPA employs in
analyzing entity impacts as opposed to a ``profits test,'' in which
annualized compliance costs are calculated as a share of profits. The
use of a ``sales test'' for estimating small business impacts for a
rulemaking is consistent with guidance offered by the EPA on compliance
with the Regulatory Flexibility Act (RFA) and is consistent with
guidance published by the U.S. Small Business Administration's Office
of Advocacy that suggests that cost as a percentage of total revenues
is a metric for evaluating cost increases on small entities in relation
to increases on large entities.
    There are 201 facilities affected by the proposed amendments. Of
these, 17 facilities, or 8.5 percent, are small entities. We calculated
the cost-to-sales ratios for all the affected facilities to determine
(1) the magnitude of the costs of the proposed amendments and (2)
whether there would be a significant impact on small entities. To be
conservative, we used facility-specific costs without recovery credits.
For the two options for all firms the average cost-to-sales ratio is
approximately 0.02 percent; the median cost-to-sales ratio is less than
0.01 percent; and the maximum cost-to-sales ratio is approximately 0.89
percent. For large firms, the average cost-to-sales ratio is less than
0.01 percent; the median cost-to-sales ratio is less than 0.01 percent;
and the maximum cost-to-sales ratio is approximately 0.47 percent. For
small firms, the average cost-to-sales ratio is approximately 0.23
percent, the median cost-to-sales ratio is 0.10 percent, and the
maximum cost-to-sales ratio is 0.89 percent. The costs of the proposal
are not expected to result in a significant market impact, regardless
of whether they are passed on to the purchaser or absorbed by the
firms.

E. What are the benefits?

    EPA did not monetize the benefits from the estimated emission
reductions of HAP associated with this proposed action. However, we
expect this proposed action would provide benefits associated with HAP
emission reductions and lower risk of adverse health effects in
communities near facilities subject to the MON.

VI. Request for Comments

    We solicit comments on this proposed action. In addition to general
comments on this proposed action, we are also interested in additional
data that may improve the risk assessments and other analyses. We are
specifically interested in receiving any improvements to the data in
the site-specific emissions profiles used for risk modeling. Such data
should include supporting documentation in sufficient detail to allow
characterization of the quality and representativeness of the data or
information. Section VII of this preamble provides more information on
submitting data.

VII. Submitting Data Corrections

    The site-specific emissions profiles used in the source category
risk and demographic analyses and instructions are available for
download on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/miscellaneous-organic-chemical-manufacturing-national-emission. The data files include detailed information for each HAP
emissions release point for the facilities in the source category.
    If you believe that the data are not representative or are
inaccurate, please identify the data in question, provide your reason
for concern, and provide any ``improved'' data that you have, if
available. When you submit data, we request that you provide
documentation of the basis for the revised values to support your
suggested changes. To submit comments on the data downloaded from the
RTR website, complete the following steps:
    1. Within this downloaded file, enter suggested revisions to the
data fields appropriate for that information.
    2. Fill in the commenter information fields for each suggested
revision (i.e., commenter name, commenter organization, commenter email
address, commenter phone number, and revision comments).
    3. Gather documentation for any suggested emissions revisions
(e.g., performance test reports, material balance calculations).
    4. Send the entire downloaded file with suggested revisions in
Microsoft[supreg] Access format and all accompanying documentation to
Docket ID No. EPA-HQ-OAR-2018-0746 (through the method described in the
ADDRESSES section of this preamble).
    5. If you are providing comments on a single facility or multiple
facilities, you need only submit one file for all facilities. The file
should contain all suggested changes for all sources at that facility
(or facilities). We request that all data revision comments be
submitted in the form of updated Microsoft[supreg] Excel files that are
generated by the Microsoft[supreg] Access file. These files are
provided on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/miscellaneous-organic-chemical-manufacturing-national-emission.

VIII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is a significant regulatory action that was submitted
to OMB for review because it raises novel legal or

policy issues. Any changes made in response to OMB recommendations have
been documented in the docket. The EPA prepared an analysis of the
potential economic impacts associated with this action. This analysis,
Economic Impact and Small Business Screening Assessments for Proposed
Amendments to the National Emission Standards for Hazardous Air
Pollutants: Miscellaneous Organic Chemical Manufacturing, is available
in the docket for this rulemaking.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is expected to be an Executive Order 13771 regulatory
action. Details on the estimated costs of this proposed rule can be
found in the EPA's analysis of the potential costs and benefits
associated with this action.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR number 1969.08. You can find a copy of the ICR in the
docket for this rulemaking, and it is briefly summarized here.
    We are proposing amendments that change the reporting and
recordkeeping requirements for several emission sources at MON
facilities (e.g., flares, heat exchangers, PRDs, storage tanks, and
process vents). The proposed amendments also require electronic
reporting, remove the malfunction exemption, and impose other revisions
that affect reporting and recordkeeping. This information would be
collected to assure compliance with 40 CFR part 63, subpart FFFF.
    Respondents/affected entities: Owners or operators of MON
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart FFFF).
    Estimated number of respondents: 201 facilities.
    Frequency of response: Semiannual or annual. Responses include
notification of compliance status reports and semiannual compliance
reports.
    Total estimated burden: 12,118 hours (per year) for the responding
facilities and 2,413 hours (per year) for the Agency. Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $3,639,019 (per year), which includes
$2,412,332 annualized capital and operation and maintenance costs for
the responding facilities.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden to the EPA using the docket identified
at the beginning of this rule. You may also send your ICR-related
comments to OMB's Office of Information and Regulatory Affairs via
email to<EMAIL_ADDRESS>Attention: Desk Officer for the
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after receipt, OMB must receive comments no
later than January 16, 2020. The EPA will respond to any ICR-related
comments in the final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will impose requirements on the small entities in the NESHAP and
associated regulated industrial source category described in section
I.A of this preamble. This action is projected to affect 201
facilities, and 17 of these facilities are small entities. For the
small entities, the average cost-to-sales ratio is approximately 0.23
percent. Additional details of the associated analysis are presented in
the memorandum, Economic Impact and Small Business Screening
Assessments Analysis for the Proposed Amendments to the National
Emissions Standards for Hazardous Air Pollutants: Miscellaneous Organic
Chemical Manufacturing, which is available in the docket for this
action.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments.

F. Executive Order 13132: Federalism

    This action 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.

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

    This action does not have tribal implications as specified in
Executive Order 13175. None of the MON facilities that have been
identified as being affected by this action are owned or operated by
tribal governments or located within tribal lands. Thus, Executive
Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
sections III.A and C and sections IV.B and C of this preamble and
further documented in the risk report, Residual Risk Assessment for the
Miscellaneous Organic Chemical Manufacturing Source Category in Support
of the 2019 Risk and Technology Review Proposed Rule, which is
available in the docket for this rulemaking.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The overall economic impact of this
proposed rule should be minimal for MON facilities and their parent
companies (which are engaged in the energy sector).

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves technical standards. Therefore, the EPA
conducted searches for the Miscellaneous Organic Chemical Manufacturing
NESHAP through the Enhanced National Standards Systems Network (NSSN)
Database managed by the American National Standards Institute (ANSI).
We also contacted voluntary consensus standards (VCS) organizations and
accessed and searched their databases. We conducted searches for EPA
Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 5, 15, 18, 21, 22,
25, 25A, 25D, 26, 26A, 29 of 40 CFR part 60, appendix A, 301, 305, 316,
320 of 40 CFR part 63, 624, 625 of 40

CFR part 136, appendix A, 1624, 1625, 1666, 1671 of CFR part 136,
appendix A, 5030B (SW-846), 5031, 8260, 8260B (SW-846), 8260D (SW-846),
8270, 8430 (SW-846) Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods, EPA Publication SW-846 third edition. During the
EPA's VCS search, if the title or abstract (if provided) of the VCS
described technical sampling and analytical procedures that are similar
to the EPA's reference method, the EPA considered it as a potential
equivalent method. We reviewed all potential standards to determine the
practicality of the VCS for this rule. This review requires significant
method validation data that meet the requirements of EPA Method 301 of
appendix A to 40 CFR part 63 for accepting alternative methods or
scientific, engineering, and policy equivalence to procedures in the
EPA reference methods. The EPA may reconsider determinations of
impracticality when additional information is available for particular
VCS.
    No applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F,
2G, 21, 22, 25D, 305, 316, 625, 1624, 1625, 1666, 1671, 5030B, 8260,
8260B, 8260D, 8270C, and 8430 (SW-846). The following five VCS were
identified as acceptable alternatives to the EPA test methods for the
purpose of this rule.
    The EPA proposes to use the VCS ANSI/ASME PTC 19.10-1981 Part 10
(2010), ``Flue and Exhaust Gas Analyses,'' \58\ as an acceptable
alternative to EPA Method 3B for the manual procedures only and not the
instrumental procedures. The ANSI/ASME PTC 19.10-1981-Part 10 method
incorporates both manual and instrumental methodologies for the
determination of oxygen content. The manual method segment of the
oxygen determination is performed through the absorption of oxygen. The
EPA is not proposing to incorporate this VCS by reference. This method
is available both in the docket for this rulemaking and at the American
National Standards Institute (ANSI), 1899 L Street NW, 11th floor,
Washington, DC 20036 and the American Society of Mechanical Engineers
(ASME), Three Park Avenue, New York, NY 10016-5990. See https://wwww.ansi.org and https://www.asme.org.
---------------------------------------------------------------------------

    \58\ We identified this same 40 CFR part 63, subpart SS VCS that
was also identified in the NTTAA review for the Ethylene Production
RTR and is already being proposed as an amendment in that action
(for further information, see EPA Docket ID No. EPA-HQ-OAR-2017-0357
and 84 FR 54330).
---------------------------------------------------------------------------

    Additionally, the EPA proposes to use the VCS ASTM D6420-18,
``Standard Test Method for Determination of Gaseous Organic Compounds
by Direct Interface Gas Chromatography/Mass Spectrometry,'' as an
acceptable alternative to EPA Method 18 of appendix A-6 to 40 CFR part
60 with the following caveats. This ASTM procedure has been approved by
the EPA as an alternative to EPA Method 18 only when the target
compounds are all known and the target compounds are all listed in ASTM
D6420 as measurable. We are proposing that ASTM D6420-18 should not be
used for methane and ethane because the atomic mass is less than 35;
and ASTM D6420 should never be specified as a total VOC method. The
ASTM D6420-18 test method employs a direct interface gas chromatograph-
mass spectrometer to measure 36 VOCs. The test method provides on-site
analysis of extracted, unconditioned, and unsaturated (at the
instrument) gas samples from stationary sources.
    Also, the EPA proposes to use the VCS ASTM D6784-02 (2008)
reapproved, ``Standard Test Method for Elemental, Oxidized, Particle-
Bound and Total Mercury Gas Generated from Coal-Fired Stationary
Sources (Ontario Hydro Method),'' as an acceptable alternative to EPA
Method 101A of appendix B to 40 CFR part 61 and EPA Method 29 of
appendix A-8 to 40 CFR part 60 (portion for mercury only) as a method
for measuring mercury. Note that this applies to concentrations of
approximately 0.5 to 100 micrograms per normal cubic meter of air. This
method describes equipment and procedures for obtaining samples from
effluent ducts and stacks, equipment and procedures for laboratory
analysis, and procedures for calculating results. This method is
applicable for sampling elemental, oxidized, and particle-bound mercury
in flue gases of coal-fired stationary sources
    In addition, the EPA proposes to use the VCS ASTM D6348-12e1,
``Determination of Gaseous Compounds by Extractive Direct Interface
Fourier Transform (FTIR) Spectroscopy,'' \58\ as an acceptable
alternative to EPA Method 320 of appendix A to 40 CFR part 63 with
caveats requiring inclusion of selected annexes to the standard as
mandatory. The ASTM D6348-12e1 method is an extractive FTIR
Spectroscopy-based field test method and is used to quantify gas phase
concentrations of multiple target compounds in emission streams from
stationary sources. The EPA is not proposing to incorporate this VCS by
reference. We are proposing the test plan preparation and
implementation in the Annexes to ASTM D 6348-03, Sections Al through A8
are mandatory; and in ASTM D6348-03 Annex A5 (Analyte Spiking
Technique), the percent (%) R must be determined for each target
analyte (Equation A5.5). We are proposing that in order for the test
data to be acceptable for a compound, %R must be 70% >= R <= 130%. If
the %R value does not meet this criterion for a target compound, the
test data is not acceptable for that compound and the test must be
repeated for that analyte (i.e., the sampling and/or analytical
procedure should be adjusted before a retest). We are proposing that
the %R value for each compound be reported in the test report, and all
field measurements be corrected with the calculated %R value for that
compound by using the following equation:

Reported Results = ((Measured Concentration in the Stack))/(% R) x 100.

    Furthermore, the EPA proposes to use the VCS ASTM D5790-95 (2012),
``Standard Test Method for Measurement of Purgeable Organic Compounds
in Water by Capillary Column Gas Chromatography/Mass Spectrometry,'' as
an acceptable alternative to EPA Method 624 (and for the analysis of
total organic HAP in wastewater samples). We are proposing that, for
wastewater analyses, this ASTM method should be used with the sampling
procedures of EPA Method 25D or an equivalent method to be a complete
alternative. The ASTM standard is validated for all of the 21 volatile
organic HAP (including toluene) targeted by EPA Method 624 but is also
validated for an additional 14 HAP not targeted by the EPA method. This
test method covers the identification and simultaneous measurement of
purgeable volatile organic compounds. This method is applicable to a
wide range of organic compounds that have sufficiently high volatility
and low water solubility to be efficiently removed from water samples
using purge and trap procedures. We note that because the Cellulose
Products Manufacturing proposed rule has already proposed to revise the
performance test requirements table (Table 4 to Subpart UUUU of Part
63) to add IBR for ASTM D5790-95 (2012) (see 84 FR 47375), the EPA is
not proposing to incorporate this specific aspect of this VCS by
reference.
    The four ASTM methods (ASTM D6420-18, ASTM D6784-02 (2008)
reapproved, ASTM D6348-12e1, and ASTM D5790-95 (2012)) are available
both in the docket for this rulemaking and at ASTM International, 1850
M Street NW, Suite 1030, Washington, DC 20036. See https://www.astm.org/.

    Finally, the search identified 23 other VCS that were potentially
applicable for this rule in lieu of the EPA reference methods. After
reviewing the available standards, the EPA determined that 23 candidate
VCS identified for measuring emissions of pollutants or their
surrogates subject to emission standards in the rule would not be
practical due to lack of equivalency, documentation, validation data,
and other important technical and policy considerations. Additional
information for the VCS search and determinations can be found in the
memorandum, Voluntary Consensus Standard Results for National Emission
Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical
Manufacturing NESHAP RTR, which is available in the docket for this
action.
    The EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially
applicable VCS, and to explain why the EPA should use such standards in
this regulation.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (58 FR 7629, February 16, 1994). Our
analysis of the demographics of the population with estimated risks
greater than 1-in-1 million indicates potential disparities in risks
between demographic groups, including the African American, Hispanic or
Latino, Over 25 Without a High School Diploma, and Below the Poverty
Level groups. In addition, the population living within 50 km of the
MON facilities has a higher percentage of minority, lower income, and
lower education people when compared to the nationwide percentages of
those groups. However, acknowledging these potential disparities, the
risks for the source category were determined to be acceptable after
implementation of the proposed controls, and emissions reductions from
the proposed revisions will benefit these groups the most.
    The documentation for this decision is contained in sections IV.B
and C of this preamble, and the technical report, Risk and Technology
Review--Analysis of Demographic Factors for Populations Living Near
Miscellaneous Organic Chemical Manufacturing Source Category
Operations, which is available in the docket for this action.

List of Subjects in 40 CFR Part 63

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

    Dated: November 1, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 63 as follows:

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

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

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

Subpart A--[Amended]

0
2. Section 63.14 is amended by:
0
a. Revising paragraph (h)(72);
0
 b. Redesignating paragraphs (h)(92) through (111) as paragraphs
(h)(93) through (1112);
0
c. Adding new paragraph (h)(92); and
0
d. Revising newly redesignated paragraph (h)(98).
    The revisions and addition read as follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (h) * * *
    (72) ASTM D5790-95 (2012), Standard Test Method for Measurement of
Purgeable Organic Compounds in Water by Capillary Column Gas
Chromatography/Mass Spectrometry, IBR approved for Sec.  63.2485(h) and
Table 4 to subpart UUUU.
* * * * *
    (92) ASTM D6420-18, Standard Test Method for Determination of
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry, IBR approved for Sec.  63.2450(j).
* * * * *
    (98) ASTM D6784-02 (Reapproved 2008), Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method),
(Approved April 1, 2008), IBR approved for Sec. Sec.  63.2465(d),
63.11646(a), 63.11647(a) and (d), tables 1, 2, 5, 11, 12t, and 13 to
subpart DDDDD, tables 4 and 5 to subpart JJJJJ, tables 4 and 6 to
subpart KKKKK, table 4 to subpart JJJJJJ, table 5 to subpart UUUUU, and
appendix A to subpart UUUUU.
* * * * *

Subpart FFFF--[Amended]

0
3. Section 63.2435 is amended by revising paragraph (c)(3) to read as
follows:

Sec.  63.2435  Am I subject to the requirements in this subpart?

* * * * *
    (c) * * *
    (3) The affiliated operations located at an affected source under
subparts GG (National Emission Standards for Aerospace Manufacturing
and Rework Facilities), KK (National Emission Standards for the
Printing and Publishing Industry), JJJJ (NESHAP: Paper and Other Web
Coating), MMMM (NESHAP: Surface Coating of Miscellaneous Metal Parts
and Products), and SSSS (NESHAP: Surface Coating of Metal Coil) of this
part 63. Affiliated operations include, but are not limited to, mixing
or dissolving of coating ingredients; coating mixing for viscosity
adjustment, color tint or additive blending, or pH adjustment; cleaning
of coating lines and coating line parts; handling and storage of
coatings and solvent; and conveyance and treatment of wastewater.
* * * * *
0
4. Section 63.2445 is amended by revising paragraph (a) introductory
text and paragraph (b) and adding paragraphs (g) through (i) to read as
follows:

Sec.  63.2445  When do I have to comply with this subpart?

    (a) Except as specified in paragraphs (g) through (i) of this
section, if you have a new affected source, you must comply with this
subpart according to the requirements in paragraphs (a)(1) and (2) of
this section.
* * * * *
    (b) Except as specified in paragraphs (g) through (i) of this
section, if you have an existing source on November 10, 2003, you must
comply with the requirements for existing sources in this subpart no
later than May 10, 2008.
* * * * *
    (g) All affected sources that commenced construction or
reconstruction on or before December 17, 2019, must be in compliance
with the requirements listed in paragraphs (g)(1) through (6) of this
section upon initial startup or [date 3 years after date of publication
of final rule in the Federal Register], whichever is later. All
affected sources that commenced construction or reconstruction after

December 17, 2019, must be in compliance with the requirements listed
in paragraphs (g)(1) through (6) of this section upon initial startup,
or [date of publication of final rule in the Federal Register],
whichever is later.
    (1) The general requirements specified in Sec.  63.2450(a)(2),
(e)(4) through (7), (g)(6) and (7), (i)(3), (j)(5)(ii) and (6),
(k)(1)(ii), (7), and (8), (t), and (u), Sec.  63.2520(d)(3), (e)(11)
through (13), Sec.  63.2525(m) and (n), and Sec.  63.2535(m).
    (2) For process vents, the requirements specified in Sec.
63.2455(d), Sec.  63.2520(e)(14), and Sec.  63.2525(p).
    (3) For equipment leaks and pressure relief devices, the
requirements specified in Sec.  63.2480(e) and (f), Sec.  63.2520(d)(4)
and (e)(14), and Sec.  63.2525(q).
    (4) For wastewater streams and liquid streams in open systems
within an MCPU, the requirements specified in Sec.  63.2485(i)(2)(iii),
(n)(2)(vii), and (p) and (q).
    (5) For heat exchange systems, the requirements specified in Sec.
63.2490(d), Sec.  63.2520(e)(16), and Sec.  63.2525(r).
    (6) The other notification, reports, and records requirements
specified in Sec.  63.2500(g), Sec.  63.2520(e)(5)(ii)(D), Sec.
63.2520(e)(5)(iii)(M) and (N), and Sec.  63.2525(l) and (u).
    (h) All affected sources that commenced construction or
reconstruction on or before December 17, 2019, must be in compliance
with the requirements for light liquid pumps in Sec.  63.2480(b)(6) and
(c)(10) upon initial startup or [date 1 year after date of publication
of final rule in the Federal Register], whichever is later. All
affected sources that commenced construction or reconstruction after
December 17, 2019, must be in compliance with the requirements for
light liquid pumps in Sec.  63.2480(b)(6) and (c)(10), except for
equipment in ethylene oxide service, upon initial startup, or [date of
publication of final rule in the Federal Register], whichever is later.
    (i) All affected sources that commenced construction or
reconstruction on or before December 17, 2019, must be in compliance
with the ethylene oxide requirements in Sec.  63.2470(b) and (c)(4),
Sec.  63.2492, Sec.  63.2493, Sec.  63.2520(d)(5) and (e)(17), Sec.
63.2525(s), Table 1 to this subpart, item 5, Table 2 to this subpart,
item 3, Table 4 to this subpart, item 3, and Table 6 to this subpart,
item 3 upon initial startup or [date 2 years after date of publication
of final rule in the Federal Register], whichever is later. All
affected sources that commenced construction or reconstruction after
December 17, 2019, must be in compliance with the ethylene oxide
requirements listed in Sec.  63.2470(b) and (c)(4), Sec.  63.2492,
Sec.  63.2493, Sec.  63.2520(d)(5) and (e)(17), Sec.  63.2525(s), Table
1 to this subpart, item 5, Table 2 to this subpart, item 3, Table 4 to
this subpart, item 3, and Table 6 to this subpart, item 3 upon initial
startup, or [date of publication of final rule in the Federal
Register], whichever is later.
0
5. Section 63.2450 is amended by:
0
a. Revising paragraph (a), paragraph (c)(2) introductory text, and
paragraphs (e)(1) through (3);
0
b. Adding paragraphs (e)(4) through (7);
0
c. Revising paragraph (f) introductory text, paragraph (g) introductory
text, paragraphs (g)(3)(ii), and (g)(5);
0
d. Adding paragraphs (g)(6) and (7);
0
e. Revising paragraphs (i) introductory text and (i)(2);
0
f. Adding paragraph (i)(3);
0
g. Revising paragraph (j) introductory text, paragraph (j)(1)
introductory text, paragraphs (j)(1)(i), (j)(2)(iii), and (j)(3)
through (j)(5);
0
h. Adding paragraph (j)(6);
0
i. Revising paragraphs (k) introductory text, (k)(1), and (k)(4)(iv);
0
j. Adding paragraphs (k)(7) and (k)(8);
0
k. Revising paragraphs (l), (o), and (p); and
0
l. Adding paragraphs (t) and (u).
    The revisions and additions read as follows:

Sec.  63.2450  What are my general requirements for complying with this
subpart?

    (a) You must comply with paragraphs (a)(1) and (2) of this section.
    (1) Except as specified in paragraph (a)(2) of this section, you
must be in compliance with the emission limits and work practice
standards in tables 1 through 7 to this subpart at all times, except
during periods of startup, shutdown, and malfunction (SSM), and you
must meet the requirements specified in Sec. Sec.  63.2455 through
63.2490 (or the alternative means of compliance in Sec.  63.2495, Sec.
63.2500, or Sec.  63.2505), except as specified in paragraphs (b)
through (s) of this section. You must meet the notification, reporting,
and recordkeeping requirements specified in Sec. Sec.  63.2515,
63.2520, and 63.2525.
    (2) Beginning no later than the compliance dates specified in Sec.
63.2445(g), paragraph (a)(1) of this section no longer applies.
Instead, you must be in compliance with the emission limits and work
practice standards in tables 1 through 7 to this subpart at all times,
and you must meet the requirements specified in Sec. Sec.  63.2455
through 63.2490 (or the alternative means of compliance in Sec.
63.2495, Sec.  63.2500, or Sec.  63.2505), except as specified in
paragraphs (b) through (u) of this section. You must meet the
notification, reporting, and recordkeeping requirements specified in
Sec. Sec.  63.2515, 63.2520, and 63.2525.
* * * * *
    (c) * * *
    (2) Determine the applicable requirements based on the hierarchy
presented in paragraphs (c)(2)(i) through (vi) of this section. For a
combined stream, the applicable requirements are specified in the
highest-listed paragraph in the hierarchy that applies to any of the
individual streams that make up the combined stream. For example, if a
combined stream consists of emissions from Group 1 batch process vents
and any other type of emission stream, then you must comply with the
requirements in paragraph (c)(2)(i) of this section for the combined
stream; compliance with the requirements in paragraph (c)(2)(i) of this
section constitutes compliance for the other emission streams in the
combined stream. Two exceptions are that you must comply with the
requirements in table 3 to this subpart and Sec.  63.2465 for all
process vents with hydrogen halide and halogen HAP emissions, and
recordkeeping requirements for Group 2 applicability or compliance are
still required (e.g., the requirement in Sec.  63.2525(e)(3) and (4) to
track the number of batches produced and calculate rolling annual
emissions for processes with Group 2 batch process vents).
* * * * *
    (e) * * *
    (1) Except when complying with Sec.  63.2485, if you reduce organic
HAP emissions by venting emissions through a closed-vent system to any
combination of control devices (except a flare) or recovery devices,
you must meet the requirements of paragraph (e)(4) of this section, and
the requirements of Sec.  63.982(c) and the requirements referenced
therein.
    (2) Except as specified in paragraph (e)(5) of this section or
except when complying with Sec.  63.2485, if you reduce organic HAP
emissions by venting emissions through a closed-vent system to a flare,
you must meet the requirements of paragraph (e)(4) of this section, and
the requirements of Sec.  63.982(b) and the requirements referenced
therein.
    (3) Except as specified in paragraphs (e)(3)(i) and (ii) of this
section, if you use a halogen reduction device to reduce hydrogen
halide and halogen HAP emissions from halogenated vent streams, you
must meet the requirements of paragraph (e)(4) of this

section, and the requirements of Sec.  63.994 and the requirements
referenced therein. If you use a halogen reduction device before a
combustion device, you must determine the halogen atom emission rate
prior to the combustion device according to the procedures in Sec.
63.115(d)(2)(v).
    (i) Beginning on and after [date 60 days after date of publication
of final rule in the Federal Register], performance test reports must
be submitted according to the procedures in Sec.  63.2520(f).
    (ii) If you use a halogen reduction device other than a scrubber,
then you must submit procedures for establishing monitoring parameters
to the Administrator as part of your precompliance report as specified
in Sec.  63.2520(c)(8).
    (4) Beginning no later than the compliance dates specified in Sec.
63.2445(g), the referenced provisions specified in paragraphs (e)(4)(i)
through (xvi) of this section do not apply when demonstrating
compliance with 40 CFR part 63, subpart SS.
    (i) The phrase ``Except for equipment needed for safety purposes
such as pressure relief devices, low leg drains, high point bleeds,
analyzer vents, and open-ended valves or lines'' in Sec.  63.983(a)(3)
of subpart SS.
    (ii) Sec.  63.983(a)(5) of subpart SS.
    (iii) The phrase ``except during periods of start-up, shutdown and
malfunction as specified in the referencing subpart'' in Sec.
63.984(a) of subpart SS.
    (iv) The phrase ``except during periods of start-up, shutdown and
malfunction as specified in the referencing subpart'' in Sec.
63.985(a) of subpart SS.
    (v) The phrase ``other than start-ups, shutdowns, or malfunctions''
in Sec.  63.994(c)(1)(ii)(D) of subpart SS.
    (vi) Sec.  63.996(c)(2)(ii) of subpart SS.
    (vii) Sec.  63.997(e)(1)(i) of subpart SS.
    (viii) The term ``breakdowns'' in Sec. Sec.  63.998(b)(2)(i) of
subpart SS.
    (ix) Sec.  63.998(b)(2)(iii) of subpart SS.
    (x) The phrase ``other than start-ups, shutdowns or malfunctions''
in Sec.  63.998(b)(5)(i)(A) of subpart SS.
    (xi) The phrase ``other than start-ups, shutdowns or malfunctions''
in Sec.  63.998(b)(5)(i)(C) of subpart SS.
    (xii) The phrase ``except as provided in paragraphs (b)(6)(i)(A)
and (B) of this section'' in Sec.  63.998(b)(6)(i) of subpart SS.
    (xiii) The second sentence of Sec.  63.998(b)(6)(ii) of subpart SS.
    (xiv) Sec.  63.998(c)(1)(ii)(D), (E), (F), and (G) of subpart SS.
    (xv) Sec.  63.998(d)(1)(ii) of subpart SS.
    (xvi) Sec.  63.998(d)(3)(i) and (ii) of subpart SS.
    (5) For any flare that is used to reduce organic HAP emissions from
an MCPU, you may elect to comply with the requirements in this
paragraph in lieu of the requirements of Sec.  63.982(b) and the
requirements referenced therein. However, beginning no later than the
compliance dates specified in Sec.  63.2445(g), paragraphs (e)(2) and
(f) of this section no longer apply to flares that control ethylene
oxide emissions and flares used to control emissions from MCPUs that
produce olefins or polyolefins. Instead, if you reduce organic HAP
emissions by venting emissions through a closed-vent system to a steam-
assisted, air-assisted, non-assisted, or pressure-assisted multi-point
flare that controls ethylene oxide emissions or is used to control
emissions from an MCPU that produces olefins or polyolefins, then you
must meet the applicable requirements for flares as specified in
Sec. Sec.  63.670 and 63.671 of subpart CC, including the provisions in
Tables 12 and 13 to subpart CC of this part, except as specified in
paragraphs (e)(5)(i) through (xi) of this section. This requirement
also applies to any flare using fuel gas from a fuel gas system, of
which 50 percent or more of the fuel gas is derived from an MCPU that
has processes and/or equipment in ethylene oxide service or that
produces olefins or polyolefins. For purposes of compliance with this
paragraph, the following terms are defined in Sec.  63.641 of subpart
CC: Assist air, assist steam, center steam, combustion zone, combustion
zone gas, flare, flare purge gas, flare supplemental gas, flare sweep
gas, flare vent gas, lower steam, net heating value, perimeter assist
air, pilot gas, premix assist air, total steam, and upper steam.
    (i) You may elect to comply with the alternative means of emissions
limitation requirements specified in paragraph (r) of Sec.  63.670 of
subpart CC in lieu of the requirements in paragraphs (d) through (f) of
Sec.  63.670 of subpart CC, as applicable. However, instead of
complying with paragraph (r)(3)(iii) of Sec.  63.670 of subpart CC, you
must also submit the alternative means of emissions limitation request
to the following address: U.S. Environmental Protection Agency, Office
of Air Quality Planning and Standards, Sector Policies and Programs
Division, U.S. EPA Mailroom (C404-02), Attention: Miscellaneous Organic
Chemical Manufacturing Sector Lead, 4930 Old Page Rd., Durham, NC
27703.
    (ii) When determining compliance with the flare tip velocity and
combustion zone operating limits specified in Sec.  63.670(d) and (e),
the initial 15-minute block period starts with the 15-minute block that
includes a full 15 minutes of the flaring event.
    (iii) Instead of complying with paragraph (o)(2)(i) of Sec.  63.670
of subpart CC, you must develop and implement the flare management plan
no later than the compliance dates specified in Sec.  63.2445(g).
    (iv) Instead of complying with paragraph (o)(2)(iii) of Sec.
63.670 of subpart CC, if required to develop a flare management plan
and submit it to the Administrator, then you must also submit all
versions of the plan in portable document format (PDF) to the EPA via
the Compliance and Emissions Data Reporting Interface (CEDRI), which
can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). If you claim some of the information in your flare
management plan is confidential business information (CBI), submit a
version with the CBI omitted via CEDRI. A complete plan, including
information claimed to be CBI and clearly marked as CBI, must be mailed
to the following address: U.S. Environmental Protection Agency, Office
of Air Quality Planning and Standards, Sector Policies and Programs
Division, CORE CBI Office, U.S. EPA Mailroom (C404-02), Attention:
Miscellaneous Organic Chemical Manufacturing Sector Lead, 4930 Old Page
Rd., Durham, NC 27703.
    (v) Substitute ``MCPU'' for each occurrence of ``petroleum
refinery.''
    (vi) Each occurrence of ``refinery'' does not apply.
    (vii) If a pressure-assisted multi-point flare is used as a control
device, then you must meet the following conditions:
    (A) You are not required to comply with the flare tip velocity
requirements in paragraph (d) and (k) of Sec.  63.670 of subpart CC;
    (B) You must substitute ``800'' for each occurrence of ``270'' in
paragraph (e) of Sec.  63.670 of subpart CC;
    (C) You must determine the 15-minute block average NHVvg using only
the direct calculation method specified in in paragraph (l)(5)(ii) of
Sec.  63.670 of subpart CC;
    (D) Instead of complying with paragraph (b) and (g) of Sec.  63.670
of subpart CC, if a pressure-assisted multi-point flare uses cross-
lighting on a stage of burners rather than having an individual pilot
flame on each burner, then you must operate each stage of the pressure-
assisted multi-point flare with a flame present at all times when
regulated material is routed to that stage of burners. Each stage of
burners that cross-lights in the pressure-assisted multi-point flare
must have at least two pilots with a continuously lit pilot flame
capable of igniting all regulated material

that is routed to that stage of burners. Each 15-minute block during
which there is at least one minute where no pilot flame is present on a
stage of burners when regulated material is routed to the flare is a
deviation of the standard. Deviations in different 15-minute blocks
from the same event are considered separate deviations. The pilot
flame(s) on each stage of burners that use cross-lighting must be
continuously monitored by a thermocouple or any other equivalent device
used to detect the presence of a flame;
    (E) You must ensure that if a stage of burners on the pressure-
assisted multi-point flare uses cross-lighting, that the distance
between any two burners in series on that stage is no more than 6 feet;
and
    (F) You must install and operate pressure monitor(s) on the main
flare header, as well as a valve position indicator monitoring system
for each staging valve to ensure that the flare operates within the
proper range of conditions as specified by the manufacturer. The
pressure monitor must meet the requirements in Table 13 of subpart CC
of this part.
    (viii) If you choose to determine compositional analysis for net
heating value with a continuous process mass spectrometer, then you
must comply with the requirements specified in paragraphs
(e)(5)(viii)(A) through (G) of this section.
    (A) You must meet the requirements in Sec.  63.671(e)(2). You may
augment the minimum list of calibration gas components found in Sec.
63.671(e)(2) with compounds found during a pre-survey or known to be in
the gas through process knowledge.
    (B) Calibration gas cylinders must be certified to an accuracy of 2
percent and traceable to National Institute of Standards and Technology
(NIST) standards.
    (C) For unknown gas components that have similar analytical mass
fragments to calibration compounds, you may report the unknowns as an
increase in the overlapped calibration gas compound. For unknown
compounds that produce mass fragments that do not overlap calibration
compounds, you may use the response factor for the nearest molecular
weight hydrocarbon in the calibration mix to quantify the unknown
component's NHVvg.
    (D) You may use the response factor for n-pentane to quantify any
unknown components detected with a higher molecular weight than n-
pentane.
    (E) You must perform an initial calibration to identify mass
fragment overlap and response factors for the target compounds.
    (F) You must meet applicable requirements in Performance
Specification 9 of 40 CFR part 60, appendix B, for continuous
monitoring system acceptance including, but not limited to, performing
an initial multi-point calibration check at three concentrations
following the procedure in Section 10.1 and performing the periodic
calibration requirements listed for gas chromatographs in Table 13 of
40 CFR part 63, subpart CC, for the process mass spectrometer. You may
use the alternative sampling line temperature allowed under Net Heating
Value by Gas Chromatograph in Table 13 of 40 CFR part 63, subpart CC.
    (G) The average instrument calibration error (CE) for each
calibration compound at any calibration concentration must not differ
by more than 10 percent from the certified cylinder gas value. The CE
for each component in the calibration blend must be calculated using
Equation 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP17DE19.000

Where:

Cm = Average instrument response (ppm)
Ca = Certified cylinder gas value (ppm)

    (ix) If you use a gas chromatograph or mass spectrometer for
compositional analysis for net heating value, then you may choose to
use the CE of NHVmeasured versus the cylinder tag value NHV as the
measure of agreement for daily calibration and quarterly audits in lieu
of determining the compound-specific CE. The CE for NHV at any
calibration level must not differ by more than 10 percent from the
certified cylinder gas value. The CE for must be calculated using
Equation 2 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP17DE19.001

Where:

NHVmeasured = Average instrument response (Btu/scf)
NHVa = Certified cylinder gas value (Btu/scf)

    (x) Instead of complying with paragraph (q) of Sec.  63.670 of
subpart CC, you must comply with the reporting requirements specified
in Sec.  63.2520(d)(3) and Sec.  63.2520(e)(11).
    (xi) Instead of complying with paragraph (p) of Sec.  63.670 of
subpart CC, you must keep the flare monitoring records specified in
Sec.  63.2525(m).
    (6) Beginning no later than the compliance dates specified in Sec.
63.2445(g), the use of a bypass line at any time on a closed vent
system to divert a vent stream to the atmosphere or to a control device
not meeting the requirements specified in Table 1 through Table 7 of
this subpart is an emissions standards deviation. Equipment such as low
leg drains and equipment subject to Sec.  63.2480 are not subject to
this paragraph (e)(6). Open-ended valves or lines that use a cap, blind
flange, plug, or second valve and follow the requirements specified in
Sec.  60.482-6(a)(2), (b), and (c) are also not subject to this
paragraph (e)(6). You must also comply with the requirements specified
in paragraphs (e)(6)(i) through (iv) of this section, as applicable:
    (i) If you are subject to the bypass monitoring requirements of
Sec.  63.148(f) of subpart G, then you must continue to comply with the
requirements in Sec.  63.148(f) of subpart G and the recordkeeping and
reporting requirements in Sec.  63.148(j)(2) and (3) of subpart G, and
Sec.  63.148(h)(3) of subpart G, in addition to the applicable
requirements specified in Sec.  63.2485(q) of this section, the
recordkeeping requirements specified in Sec.  63.2525(n), and the
reporting requirements specified in Sec.  63.2520(e)(12).
    (ii) If you are subject to the bypass monitoring requirements of
Sec.  63.172(j) of subpart H, then you must continue to comply with the
requirements in Sec.  63.172(j) of subpart H and the recordkeeping and
reporting requirements in Sec.  63.118(a)(3) and (4) of

subpart G, and Sec.  63.118(f)(3) and (4) of subpart G, in addition to
the applicable requirements specified in Sec.  63.2480(f) and Sec.
63.2485(q), the recordkeeping requirements specified in Sec.
63.2525(n), and the reporting requirements specified in Sec.
63.2520(e)(12).
    (iii) If you are subject to the bypass monitoring requirements of
Sec.  63.983(a)(3) of subpart SS, then you must continue to comply with
the requirements in Sec.  63.983(a)(3) of subpart SS and the
recordkeeping and reporting requirements in Sec.  63.998(d)(1)(ii) and
Sec.  63.999(c)(2) of subpart SS, in addition to the requirements
specified in Sec.  63.2450(e)(4), the recordkeeping requirements
specified in Sec.  63.2525(n), and the reporting requirements specified
in Sec.  63.2520(e)(12).
    (iv) If you are subject to the bypass monitoring requirements of
Sec.  65.143(a)(3) of subpart G, then you must continue to comply with
the requirements in Sec.  65.143(a)(3) of subpart G and the
recordkeeping and reporting requirements in Sec.  65.163(a)(1) of
subpart G and Sec.  65.166(b) of subpart G; in addition to the
applicable requirements specified in Sec.  63.2480(f), the
recordkeeping requirements specified in Sec.  63.2525(n), and the
reporting requirements specified in Sec.  63.2520(e)(12).
    (7) Beginning no later than the compliance dates specified in Sec.
63.2445(g), if you reduce organic HAP emissions by venting emissions
through a closed-vent system to an adsorber(s) that cannot be
regenerated or a regenerative adsorber(s) that is regenerated offsite,
then you must comply with paragraphs (e)(4) and (6) and the
requirements in Sec.  63.983, and you must install a system of dual
adsorber units in series and comply with the requirements specified in
paragraphs (e)(7)(i) through (iii) of this section.
    (i) Conduct an initial performance test or design evaluation of the
adsorber and establish the breakthrough limit.
    (ii) Monitor the HAP or total organic compound (TOC) concentration
daily through a sample port at the outlet of the first adsorber bed in
series. You must measure the concentration of HAP or TOC using either a
portable analyzer, in accordance with Method 21 of 40 CFR part 60,
appendix A-7 or Method 25A at 40 CFR part 60, appendix A-7 using
propane as the calibration gas.
    (iii) Comply with paragraph (e)(7)(iii)(A) of this section, and you
may reduce your monitoring frequency according to paragraph
(e)(7)(iii)(B) of this section.
    (A) The first adsorber in series must be replaced immediately when
breakthrough, as defined in Sec.  63.2550(i), is detected between the
first and second adsorber. The original second adsorber (or a fresh
canister) will become the new first adsorber and a fresh adsorber will
become the second adsorber. For purposes of this paragraph,
``immediately'' means within 8 hours of the detection of a breakthrough
for adsorbers of 55 gallons or less, and within 24 hours of the
detection of a breakthrough for adsorbers greater than 55 gallons.
    (B) In lieu of the daily monitoring, you may reduce your monitoring
frequency by establishing the average adsorber bed life. To establish
the average adsorber bed life, you must conduct daily monitoring of the
HAP or TOC concentration of the first adsorber bed in series until
breakthrough, as defined in Sec.  63.2550(i), occurs for the first
three adsorber bed change-outs. You must reestablish an average
adsorber bed life if you change the adsorbent brand or type, or if any
process changes are made that would lead to a lower bed lifetime. Once
the average life of the bed is determined, you may conduct ongoing
monitoring, as specified in paragraphs (e)(7)(iii)(B)(1) and (2) of
this section.
    (1) You may conduct monthly monitoring if the adsorbent has more
than 2 months of life remaining, based on the average adsorber bed
life, as established in paragraph (e)(7)(iii)(B) of this section, and
the date the adsorbent was last replaced.
    (2) You may conduct weekly monitoring if the adsorbent has more
than 2 weeks of life remaining, based on the average adsorber bed life,
established in paragraph (e)(7)(iii)(B) of this section, and the date
the adsorbent was last replaced.
    (f) Requirements for flare compliance assessments. Except as
specified in paragraph (e)(5) of this section, you must comply with
paragraphs (f)(1) and (2) of this section.
* * * * *
    (g) Requirements for performance tests. The requirements specified
in paragraphs (g)(1) through (7) of this section apply instead of or in
addition to the requirements specified in subpart SS of this part 63.
* * * * *
    (3) * * *
    (ii) If you elect to comply with the outlet TOC concentration
emission limits in tables 1 through 7 to this subpart, and the
uncontrolled or inlet gas stream to the control device contains greater
than 10 percent (volume concentration) carbon disulfide, you must use
Method 18 or Method 15 to separately determine the carbon disulfide
concentration. Calculate the total HAP or TOC emissions by totaling the
carbon disulfide emissions measured using Method 18 or 15 and the other
HAP emissions measured using Method 18 or 25A.
* * * * *
    (5) Section 63.997(c)(1) does not apply. For the purposes of this
subpart, results of all initial compliance demonstrations must be
included in the notification of compliance status report, which is due
150 days after the compliance date, as specified in Sec.
63.2520(d)(1). If the initial compliance demonstration includes a
performance test and the results are submitted electronically via CEDRI
in accordance with Sec.  63.2520(f), the process unit(s) tested, the
pollutant(s) tested, and the date that such performance test was
conducted may be submitted in the notification of compliance status
report in lieu of the performance test results. The performance test
results must be submitted to CEDRI by the date the notification of
compliance status report is submitted.
    (6) Beginning no later than the compliance dates specified in Sec.
63.2445(g), in lieu of the requirements specified in Sec.  63.7(e)(1)
you must conduct performance tests under such conditions as the
Administrator specifies based on representative performance of the
affected source for the period being tested. Representative conditions
exclude periods of startup and shutdown. You may not conduct
performance tests during periods of malfunction. You must record the
process information that is necessary to document operating conditions
during the test and include in such record an explanation to support
that such conditions represent normal operation. Upon request, you must
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
    (7) Comply with the requirements in Sec.  63.2450(e)(4), as
applicable.
* * * * *
    (i) Outlet concentration correction for combustion devices. Except
as specified in paragraph (i)(3) of this section, when Sec.
63.997(e)(2)(iii)(C) requires you to correct the measured concentration
at the outlet of a combustion device to 3 percent oxygen if you add
supplemental combustion air, the requirements in either paragraph
(i)(1) or (2) of this section apply for the purposes of this subpart.
* * * * *
    (2) You must correct the measured concentration for supplemental
gases

using Equation 3 in Sec.  63.2460; you may use process knowledge and
representative operating data to determine the fraction of the total
flow due to supplemental gas.
    (3) Beginning no later than the compliance dates specified in Sec.
63.2445(g), paragraphs (i)(1) and (2) no longer apply. Instead, when
Sec.  63.997(e)(2)(iii)(C) requires you to correct the measured
concentration at the outlet of a combustion device to 3 percent oxygen
if you add supplemental combustion air, you must follow the procedures
in Sec.  63.997(e)(2)(iii)(C) to perform the concentration correction,
except you may also use Method 3A of 40 CFR part 60, appendix A-2 to
determine the oxygen concentration.
    (j) Continuous emissions monitoring systems. Each continuous
emissions monitoring system (CEMS) must be installed, operated, and
maintained according to the requirements in Sec.  63.8 and paragraphs
(j)(1) through (6) of this section.
    (1) Each CEMS must be installed, operated, and maintained according
to the applicable Performance Specification of 40 CFR part 60, appendix
B, and the applicable Quality Assurance Procedures of 40 CFR part 60,
appendix F, and according to paragraph (j)(2) of this section, except
as specified in paragraph (j)(1)(i) of this section. For any CEMS
meeting Performance Specification 8, you must also comply with appendix
F, procedure 1 of 40 CFR part 60. Locate the sampling probe or other
interface at a measurement location such that you obtain representative
measurements of emissions from the regulated source. For CEMS installed
after [date of publication of final rule in the Federal Register],
conduct a performance evaluation of each CEMS within 180 days of
installation of the monitoring system.
    (i) If you wish to use a CEMS other than a Fourier Transform
Infrared Spectroscopy (FTIR) meeting the requirements of Performance
Specification 15 to measure hydrogen halide, other than hydrogen
chloride, and halogen HAP or CEMS meeting the requirements of
Performance Specification 18 to measure hydrogen chloride before we
promulgate a Performance Specification for such CEMS, you must prepare
a monitoring plan and submit it for approval in accordance with the
procedures specified in Sec.  63.8.
* * * * *
    (2) * * *
    (iii) For CEMS meeting Performance Specification 8 used to monitor
performance of a noncombustion device, determine the predominant
organic HAP using either process knowledge or the screening procedures
of Method 18 on the control device inlet stream, calibrate the monitor
on the predominant organic HAP, and report the results as C1. Use
Method 18 of appendix A-6 of 40 CFR part 60, Method 320 of appendix A
to 40 CFR part 63, ASTM D6420-18 (incorporated by reference, see Sec.
63.14), or any approved alternative as the reference method for the
relative accuracy tests, and report the results as C1.
    (3) You must conduct a performance evaluation of each CEMS
according to the requirements inSec.  63.8 and according to the
applicable Performance Specification of 40 CFR part 60, appendix B,
except that the schedule in Sec.  63.8(e)(4) does not apply, and before
[date 60 days after date of publication of final rule in the Federal
Register], the results of the performance evaluation must be included
in the notification of compliance status report. Beginning on and after
[date 60 days after date of publication of final rule in the Federal
Register], the results of the performance evaluation must be submitted
in accordance with Sec.  63.2520(g).
    (4) The CEMS data must be reduced to operating day or operating
block averages computed using valid data consistent with the data
availability requirements specified in Sec.  63.999(c)(6)(i)(B) through
(D), except monitoring data also are sufficient to constitute a valid
hour of data if measured values are available for at least two of the
15-minute periods during an hour when calibration, quality assurance,
or maintenance activities are being performed. An operating block is a
period of time from the beginning to end of batch operations within a
process. Operating block averages may be used only for batch process
vent data. In computing operating day or operating block averages to
determine compliance with this subpart, you must exclude monitoring
data recorded during CEMS breakdowns, out-of-control periods, repairs,
maintenance periods, calibration checks, or other quality assurance
activities. Out-of-control periods are as specified in Sec.
63.8(c)(7).
    (5) If you add supplemental gases, you must comply with paragraphs
(j)(5)(i) and (ii) of this section.
    (i) Except as specified in paragraph (j)(5)(ii) of this section,
correct the measured concentrations in accordance with paragraph (i) of
this section and Sec.  63.2460(c)(6).
    (ii) Beginning no later than the compliance dates specified in
Sec.  63.2445(g), you must use Performance Specification 3 of 40 CFR
part 60, appendix B, to certify your oxygen CEMS, and you must comply
with procedure 1 of 40 CFR part 60, appendix F. Use Method 3A of 40 CFR
part 60, appendix A-2 as the reference method when conducting a
relative accuracy test audit.
    (6) Beginning no later than the compliance dates specified in Sec.
63.2445(g), in lieu of the requirements specified in Sec.  63.8(d)(3)
you must keep the written procedures required by Sec.  63.8(d)(2) on
record for the life of the affected source or until the affected source
is no longer subject to the provisions of this part, to be made
available for inspection, upon request, by the Administrator. If the
performance evaluation plan is revised, you must keep previous (i.e.,
superseded) versions of the performance evaluation plan on record to be
made available for inspection, upon request, by the Administrator, for
a period of 5 years after each revision to the plan. The program of
corrective action should be included in the plan required under Sec.
63.8(d)(2). In addition to the information required in Sec.
63.8(d)(2), your written procedures for CEMS must include the
information in paragraphs (j)(6)(i) through (vi) of this section:
    (i) Description of CEMS installation location.
    (ii) Description of the monitoring equipment, including the
manufacturer and model number for all monitoring equipment components
and the span of the analyzer.
    (iii) Routine quality control and assurance procedures.
    (iv) Conditions that would trigger a CEMS performance evaluation,
which must include, at a minimum, a newly installed CEMS; a process
change that is expected to affect the performance of the CEMS; and the
Administrator's request for a performance evaluation under section 114
of the Clean Air Act.
    (v) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.  63.8(c)(1), (c)(3), (c)(4)(ii),
(c)(7), and (c)(8);
    (vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  63.10(c) and (e)(1).
    (k) Continuous parameter monitoring. The provisions in paragraphs
(k)(1) through (68) of this section apply in addition to the
requirements for continuous parameter monitoring system (CPMS) in
subpart SS of this part 63.
    (1) You must comply with paragraphs (k)(1)(i) and (ii) of this
section.

    (i) Except as specified in paragraph (k)(1)(ii) of this section,
record the results of each calibration check and all maintenance
performed on the CPMS as specified in Sec.  63.998(c)(1)(ii)(A).
    (ii) Beginning no later than the compliance dates specified in
Sec.  63.2445(g), paragraph (k)(1)(i) of this section no longer
applies. Instead, you must record the results of each calibration check
and all maintenance performed on the CPMS as specified in Sec.
63.998(c)(1)(ii)(A), except you must record all maintenance, not just
preventative maintenance.
* * * * *
    (4) * * *
    (iv) Recording the downstream temperature and temperature
difference across the catalyst bed as specified in Sec.
63.998(a)(2)(ii)(B)(2) and (c)(2)(ii) is not required.
* * * * *
    (7) Beginning no later than the compliance dates specified in Sec.
63.2445(g), the manufacturer's specifications or your written
procedures must include a schedule for calibrations, preventative
maintenance procedures, a schedule for preventative maintenance, and
corrective actions to be taken if a calibration fails. If a CPMS
calibration fails, the CPMS is considered to be inoperative until you
take corrective action and the system passes calibration. You must
record the nature and cause of instances when the CPMS is inoperative
and the corrective action taken.
    (8) You must comply with the requirements in Sec.  63.2450(e)(4),
as applicable.
* * * * *
    (l) Startup, shutdown, and malfunction. Sections Sec.
63.152(f)(7)(ii) through (iv) and Sec.  63.998(b)(2)(iii) and
(b)(6)(i)(A), which apply to the exclusion of monitoring data collected
during periods of SSM from daily averages, do not apply for the
purposes of this subpart.
* * * * *
    (o) You may not use a flare to control halogenated vent streams or
hydrogen halide and halogen HAP emissions.
    (p) Except as specified in paragraph (t) of this section, opening a
safety device, as defined in Sec.  63.2550, is allowed at any time
conditions require it to avoid unsafe conditions.
* * * * *
    (t) Beginning no later than the compliance dates specified in Sec.
63.2445(g), paragraph (p) of this section no longer applies. Instead,
you must comply with the requirements specified in Sec.  63.2480(e).
    (u) General Duty. Beginning no later than the compliance dates
specified in Sec.  63.2445(g), at all times, you must operate and
maintain any affected source, including associated air pollution
control equipment and monitoring equipment, in a manner consistent with
safety and good air pollution control practices for minimizing
emissions. The general duty to minimize emissions does not require you
to make any further efforts to reduce emissions if levels required by
the applicable standard have been achieved. Determination of whether a
source is operating in compliance with operation and maintenance
requirements will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures, review of
operation and maintenance records, and inspection of the source.
0
6. Section 63.2455 is amended by revising paragraph (a) and adding
paragraph (d) to read as follows:

Sec.  63.2455  What requirements must I meet for continuous process
vents?

    (a) You must meet each emission limit in Table 1 to this subpart
that applies to your continuous process vents, and you must meet each
applicable requirement specified in paragraphs (b) through (d) of this
section, Sec.  63.2492, and Sec.  63.2493(a) through (c).
* * * * *
    (d) Maintenance vents. Beginning no later than the compliance dates
specified in Sec.  63.2445(g), you may designate a process vent as a
maintenance vent if the vent is only used as a result of startup,
shutdown, maintenance, or inspection of equipment where equipment is
emptied, depressurized, degassed, or placed into service. You must
comply with the applicable requirements in paragraphs (d)(1) through
(3) of this section for each maintenance vent.
    (1) Prior to venting to the atmosphere, remove process liquids from
the equipment as much as practical and depressurize the equipment to
either: A flare meeting the requirements of Sec.  63.2450(e)(2) or (5),
as applicable, or a non-flare control device meeting the requirements
in Sec.  63.2450(e)(4) and the requirements specified in Sec.
63.982(c)(2) of subpart SS until one of the following conditions, as
applicable, is met.
    (i) The vapor in the equipment served by the maintenance vent has a
lower explosive limit (LEL) of less than 10 percent.
    (ii) If there is no ability to measure the LEL of the vapor in the
equipment based on the design of the equipment, the pressure in the
equipment served by the maintenance vent is reduced to 5 pounds per
square inch gauge (psig) or less. Upon opening the maintenance vent,
active purging of the equipment cannot be used until the LEL of the
vapors in the maintenance vent (or inside the equipment if the
maintenance is a hatch or similar type of opening) is less than 10
percent.
    (iii) The equipment served by the maintenance vent contains less
than 50 pounds of total volatile organic compounds (VOC).
    (iv) If, after applying best practices to isolate and purge
equipment served by a maintenance vent, none of the applicable
criterion in paragraphs (d)(1)(i) through (iii) of this section can be
met prior to installing or removing a blind flange or similar equipment
blind, then the pressure in the equipment served by the maintenance
vent must be reduced to 2 psig or less before installing or removing
the equipment blind. During installation or removal of the equipment
blind, active purging of the equipment may be used provided the
equipment pressure at the location where purge gas is introduced
remains at 2 psig or less.
    (2) Except for maintenance vents complying with the alternative in
paragraph (d)(1)(iii) of this section, you must determine the LEL or,
if applicable, equipment pressure using process instrumentation or
portable measurement devices and follow procedures for calibration and
maintenance according to manufacturer's specifications.
    (3) For maintenance vents complying with the alternative in
paragraph (d)(1)(iii) of this section, you must determine mass of VOC
in the equipment served by the maintenance vent based on the equipment
size and contents after considering any contents drained or purged from
the equipment. Equipment size may be determined from equipment design
specifications. Equipment contents may be determined using process
knowledge.
0
7. Section 63.2460 is amended by:
0
a. Revising paragraph (a), paragraph (b)(5) introductory text,
paragraph (b)(5)(iii), paragraph (b)(6) introductory text, paragraphs
(c)(2)(i) and (ii), (c)(2)(v), and paragraph (c)(6) introductory text;
0
b. Redesignating Equation 1 to paragraph (c)(6) as Equation 3;
0
c. Revising paragraphs (c)(9) introductory text, (c)(9)(ii)
introductory text, paragraphs (c)(9)(ii)(D), and (c)(9)(iii) and (iv).
    The revisions read as follows:

Sec.  63.2460  What requirements must I meet for batch process vents?

    (a) You must meet each emission limit in Table 2 to this subpart
that applies to you, and you must meet each applicable requirement
specified in paragraphs (b) and (c) of this section, Sec.  63.2492, and
Sec.  63.2493(a) through (c).
    (b) * * *
    (5) You may elect to designate the batch process vents within a
process as Group 1 and not calculate uncontrolled emissions if you
comply with one of the situations in paragraph (b)(5)(i), (ii), or
(iii) of this section.
* * * * *
    (iii) If you comply with an emission limit using a flare that meets
the requirements specified in Sec. Sec.  63.987 or 63.2450(e)(5), as
applicable.
    (6) You may change from Group 2 to Group 1 in accordance with
either paragraph (b)(6)(i) or (ii) of this section. Before [date 60
days after date of publication of final rule in the Federal Register],
you must comply with the requirements of this section and submit the
test report. Beginning on and after [date 60 days after date of
publication of final rule in the Federal Register], you must comply
with the requirements of this section and submit the performance test
report for the demonstration required in Sec.  63.1257(b)(8) in
accordance with Sec.  63.2520(f).
* * * * *
    (c) * * *
    (2) * * *
    (i) To demonstrate initial compliance with a percent reduction
emission limit in Table 2 to this subpart FFFF, you must compare the
sums of the controlled and uncontrolled emissions for the applicable
Group 1 batch process vents within the process, and show that the
specified reduction is met. This requirement does not apply if you
comply with the emission limits of Table 2 to this subpart FFFF by
using a flare that meets the requirements of Sec.  63.987 or
63.2450(e)(5), as applicable.
    (ii) When you conduct a performance test or design evaluation for a
non-flare control device used to control emissions from batch process
vents, you must establish emission profiles and conduct the test under
worst-case conditions according to Sec.  [thinsp]63.1257(b)(8) instead
of under normal operating conditions as specified in Sec.
[thinsp]63.7(e)(1) or the conditions as specified in Sec.
[thinsp]63.2450(g)(6). The requirements in Sec.  63.997(e)(1)(i) and
(iii) also do not apply for performance tests conducted to determine
compliance with the emission limits for batch process vents. For
purposes of this subpart FFFF, references in Sec.  63.997(b)(1) to
``methods specified in Sec.  63.997(e)'' include the methods specified
in Sec.  63.1257(b)(8).
* * * * *
    (v) If a process condenser is used for boiling operations in which
HAP (not as an impurity) is heated to the boiling point, you must
demonstrate that it is properly operated according to the procedures
specified in Sec.  63.1257(d)(2)(i)(C)(4)(ii) and (d)(3)(iii)(B), and
the demonstration must occur only during the boiling operation. The
reference in Sec.  63.1257(d)(3)(iii)(B) to the alternative standard in
Sec.  63.1254(c) means Sec.  63.2505 for the purposes of this subpart.
As an alternative to measuring the exhaust gas temperature, as required
by Sec.  63.1257(d)(3)(iii)(B), you may elect to measure the liquid
temperature in the receiver.
* * * * *
    (6) Outlet concentration correction for supplemental gases. If you
use a control device other than a combustion device to comply with a
TOC, organic HAP, or hydrogen halide and halogen HAP outlet
concentration emission limit for batch process vents, you must correct
the actual concentration for supplemental gases using Equation 3 of
this subpart; you may use process knowledge and representative
operating data to determine the fraction of the total flow due to
supplemental gas.
* * * * *
    (9) Requirements for a biofilter. If you use a biofilter to meet
either the 95 percent reduction requirement or outlet concentration
requirement specified in Table 2 to this subpart, you must meet the
requirements specified in paragraphs (c)(9)(i) through (vi) of this
section.
* * * * *
    (ii) Performance tests. To demonstrate initial compliance, you must
conduct a performance test according to the procedures in Sec.
63.2450(g), Sec.  63.997, and paragraphs (c)(9)(ii)(A) through (D) of
this section. The design evaluation option for small control devices is
not applicable if you use a biofilter.
* * * * *
    (D) Before [date 60 days after date of publication of final rule in
the Federal Register], submit a performance test report as specified in
Sec.  63.999(a)(2)(i) and (ii) and include the records from paragraph
(c)(9)(ii)(B) of this section. Beginning on and after [date 60 days
after date of publication of final rule in the Federal Register], you
must submit a performance test report as specified in Sec.  63.2520(f).
    (iii) Monitoring requirements. Use either a biofilter bed
temperature monitoring device (or multiple devices) capable of
providing a continuous record or an organic monitoring device capable
of providing a continuous record. Comply with the requirements in Sec.
63.2450(e)(4), the general requirements for monitoring in Sec.  63.996,
and keep records of temperature or other parameter monitoring results
as specified in Sec.  63.998(b) and (c), as applicable. If you monitor
temperature, the operating temperature range must be based on only the
temperatures measured during the performance test; these data may not
be supplemented by engineering assessments or manufacturer's
recommendations as otherwise allowed in Sec.  63.999(b)(3)(ii)(A). If
you establish the operating range (minimum and maximum temperatures)
using data from previous performance tests in accordance with Sec.
63.996(c)(6), replacement of the biofilter media with the same type of
media is not considered a process change under Sec.  63.997(b)(1). You
may expand your biofilter bed temperature operating range by conducting
a repeat performance test that demonstrates compliance with the 95
percent reduction requirement or outlet concentration limit, as
applicable.
    (iv) Repeat performance tests. You must conduct a repeat
performance test using the applicable methods specified in Sec.
63.2450(g) and Sec.  63.997 within 2 years following the previous
performance test and within 150 days after each replacement of any
portion of the biofilter bed media with a different type of media or
each replacement of more than 50 percent (by volume) of the biofilter
bed media with the same type of media.
0
8. Section 63.2465 is amended by revising paragraphs (c) introductory
text and (d)(2) to read as follows:

Sec.  63.2465  What requirements must I meet for process vents that
emit hydrogen halide and halogen HAP or HAP metals?

* * * * *
    (c) If collective uncontrolled hydrogen halide and halogen HAP
emissions from the process vents within a process are greater than or
equal to 1,000 pounds per year (lb/yr), you must comply with the
requirements in Sec.  63.2450(e)(4) and the requirements of Sec.
63.994 and the requirements referenced therein, except as specified in
paragraphs (c)(1) through (3) of this section.
* * * * *
    (d) * * *
    (2) Conduct an initial performance test of each control device that
is used to comply with the emission limit for HAP metals specified in
Table 3 to this subpart. Conduct the performance test

according to the procedures in Sec.  63.2450(g) and Sec.  63.997. Use
Method 29 of appendix A of 40 CFR part 60 to determine the HAP metals
at the inlet and outlet of each control device, or use Method 5 of
appendix A of 40 CFR part 60 to determine the total particulate matter
(PM) at the inlet and outlet of each control device. You may use ASTM
D6784-02 (Reapproved 2008) (incorporated by reference, see Sec.  63.14)
as an alternative to Method 29 (portion for mercury only) as a method
for measuring mercury concentrations of 0.5 to 100 micrograms per
standard cubic meter. You have demonstrated initial compliance if the
overall reduction of either HAP metals or total PM from the process is
greater than or equal to 97 percent by weight.
* * * * *
0
9. Section 63.2470 is amended by revising paragraphs (a), (b), (c), and
(e)(3) to read as follows:

Sec.  63.2470  What requirements must I meet for storage tanks?

    (a) You must meet each emission limit in Table 4 to this subpart
that applies to your storage tanks, and except as specified in
paragraph (b), you must also meet each applicable requirement specified
in paragraphs (c) through (e) of this section, Sec.  63.2492, and Sec.
63.2493(a) through (c).
    (b) On and after the compliance dates specified in Sec.
63.2445(i), paragraphs (d) and (e) of this section do not apply to
storage tanks in ethylene oxide service as defined in Sec.  63.2550.
    (c) Exceptions to subparts SS and WW of this part 63. (1) If you
conduct a performance test or design evaluation for a control device
used to control emissions only from storage tanks, you must establish
operating limits, conduct monitoring, and keep records using the same
procedures as required in subpart SS of this part 63 for control
devices used to reduce emissions from process vents instead of the
procedures specified in Sec. Sec.  63.985(c), 63.998(d)(2)(i), and
63.999(b)(2). You must also comply with the requirements in Sec.
63.2450(e)(4), as applicable.
    (2) Except as specified in paragraph (c)(4) of this section, when
the term ``storage vessel'' is used in subparts SS and WW of this part
63, the term ``storage tank,'' as defined in Sec.  63.2550 applies for
the purposes of this subpart.
    (3) For adsorbers that cannot be regenerated or regenerative
adsorbers that are regenerated offsite, you must comply with the
monitoring requirements in Sec.  63.2450(e)(7) in lieu of Sec.
63.995(c).
    (4) Beginning no later than the compliance dates specified in Sec.
63.2445(i), the exemptions for ``vessels storing organic liquids that
contain HAP only as impurities'' and ``pressure vessels designed to
operate in excess of 204.9 kilopascals and without emissions to the
atmosphere'' listed in the definition of ``storage tank'' in Sec.
63.2550 do not apply for storage tanks in ethylene oxide service.
* * * * *
    (e) * * *
    (3) You may elect to set a pressure relief device to a value less
than the 2.5 psig required in Sec.  63.1253(f)(5) if you provide
rationale in your notification of compliance status report explaining
why the alternative value is sufficient to prevent breathing losses at
all times.
* * * * *
0
10. Section 63.2475 is amended by revising paragraph (a) to read as
follows:

Sec.  63.2475  What requirements must I meet for transfer racks?

    (a) You must comply with each emission limit and work practice
standard in table 5 to this subpart that applies to your transfer
racks, and you must meet each applicable requirement in paragraph (b)
of this section.
* * * * *
0
11. Section 63.2480 is amended by:
0
a. Revising paragraph (a), paragraph (b) introductory text, paragraphs
(b)(1) and (2), and (b)(5);
0
b. Adding paragraphs (b)(6) and (7);
0
c. Revising paragraph (c) introductory text and paragraph (c)(5);
0
d. Adding paragraphs (c)(10) and (11), (e), and (f).
    The revisions and additions read as follows:

Sec.  63.2480  What requirements must I meet for equipment leaks?

    (a) You must meet each requirement in table 6 to this subpart that
applies to your equipment leaks, except as specified in paragraphs (b)
through (f) of this section. For each light liquid pump, valve, and
connector in ethylene oxide service as defined in Sec.  63.2550(i), you
must also meet the applicable requirements specified in Sec.  63.2492
and Sec.  63.2493(d) and (e).
    (b) Except as specified in paragraphs (b)(6) and (7) of this
section, if you comply with either subpart H or subpart UU of this part
63, you may elect to comply with the provisions in paragraphs (b)(1)
through (5) of this section as an alternative to the referenced
provisions in subpart H or subpart UU of this part.
    (1) The requirements for pressure testing in Sec.  63.178(b) or
Sec.  63.1036(b) may be applied to all processes, not just batch
processes.
    (2) For the purposes of this subpart, pressure testing for leaks in
accordance with Sec.  63.178(b) or Sec.  63.1036(b) is not required
after reconfiguration of an equipment train if flexible hose
connections are the only disturbed equipment.
* * * * *
    (5) Except as specified in paragraph (b)(6) of this section, for
pumps in light liquid service in an MCPU that has no continuous process
vents and is part of an existing source, you may elect to consider the
leak definition that defines a leak to be 10,000 parts per million
(ppm) or greater as an alternative to the values specified in Sec.
63.1026(b)(2)(i) through (iii) or Sec.  63.163(b)(2).
    (6) Beginning no later than the compliance dates specified in Sec.
63.2445(h), paragraph (b)(5) of this section no longer applies to pumps
in light liquid service. Instead, for all pumps in light liquid service
in an MCPU, the instrument reading that defines a leak and requires
repair is 1,000 ppmv or greater.
    (7) For each piece of equipment that is added to an affected source
after December 17, 2019, and for each piece of equipment that replaces
equipment at an affected source after December 17, 2019, you must
initially monitor for leaks within 30 days after initial startup of the
equipment.
    (c) Except as specified in paragraphs (c)(10) and (11) of this
section, if you comply with 40 CFR part 65, subpart F, you may elect to
comply with the provisions in paragraphs (c)(1) through (9) of this
section as an alternative to the referenced provisions in 40 CFR part
65, subpart F.
* * * * *
    (5) Except as specified in paragraph (c)(10) of this section, for
pumps in light liquid service in an MCPU that has no continuous process
vents and is part of an existing source, you may elect to consider the
leak definition that defines a leak to be 10,000 ppm or greater as an
alternative to the values specified in Sec.  65.107(b)(2)(i) through
(iii).
* * * * *
    (10) Beginning no later than the compliance dates specified in
Sec.  63.2445(h), paragraph (c)(5) of this section no longer applies to
pumps in light liquid service. Instead, for all pumps in light liquid
service in an MCPU, the instrument reading that defines a leak and
requires repair is 1,000 ppmv or greater.
    (11) For each piece of equipment that is added to an affected
source after December 17, 2019, and for each piece of equipment that
replaces equipment at an affected source after December 17,

2019, you must initially monitor for leaks within 30 days after initial
startup of the equipment.
* * * * *
    (e) Beginning no later than the compliance dates specified in Sec.
63.2445(g), except as specified in paragraph (e)(4) of this section,
you must comply with the requirements specified in paragraphs (e)(1)
and (2) of this section for pressure relief devices, such as relief
valves or rupture disks, in organic HAP gas or vapor service instead of
the pressure relief device requirements of Sec.  63.1030 of subpart UU,
Sec.  63.165 of subpart H, or Sec.  65.111 of subpart F. Except as
specified in paragraphs (e)(4) and (5) of this section, you must also
comply with the requirements specified in paragraphs (e)(3), (6), (7),
and (8) of this section for all pressure relief devices.
    (1) Operating requirements. Except during a pressure release,
operate each pressure relief device in organic HAP gas or vapor service
with an instrument reading of less than 500 ppm above background as
measured by the method in Sec.  63.1023(b) of subpart UU, Sec.
63.180(c) of subpart H, or Sec.  65.104(b) of subpart F.
    (2) Pressure release requirements. For pressure relief devices in
organic HAP gas or vapor service, you must comply with the applicable
requirements paragraphs (e)(2)(i) through (iii) of this section
following a pressure release.
    (i) If the pressure relief device does not consist of or include a
rupture disk, conduct instrument monitoring, as specified in Sec.
63.1023(b) of subpart UU, Sec.  63.180(c) of subpart H, or Sec.
65.104(b) of subpart F, no later than 5 calendar days after the
pressure relief device returns to organic HAP gas or vapor service
following a pressure release to verify that the pressure relief device
is operating with an instrument reading of less than 500 ppm.
    (ii) If the pressure relief device includes a rupture disk, either
comply with the requirements in paragraph (e)(2)(i) of this section
(and do not replace the rupture disk) or install a replacement disk as
soon as practicable after a pressure release, but no later than 5
calendar days after the pressure release. You must conduct instrument
monitoring, as specified in Sec.  63.1023(b) of subpart UU, Sec.
63.180(c) of subpart H, or Sec.  65.104(b) of subpart F, no later than
5 calendar days after the pressure relief device returns to organic HAP
gas or vapor service following a pressure release to verify that the
pressure relief device is operating with an instrument reading of less
than 500 ppm.
    (iii) If the pressure relief device consists only of a rupture
disk, install a replacement disk as soon as practicable after a
pressure release, but no later than 5 calendar days after the pressure
release. You must not initiate startup of the equipment served by the
rupture disk until the rupture disc is replaced. You must conduct
instrument monitoring, as specified in Sec.  63.1023(b) of subpart UU,
Sec.  63.180(c) of subpart H, or Sec.  65.104(b) of subpart F, no later
than 5 calendar days after the pressure relief device returns to
organic HAP gas or vapor service following a pressure release to verify
that the pressure relief device is operating with an instrument reading
of less than 500 ppm.
    (3) Pressure release management. Except as specified in paragraphs
(e)(4) and (5) of this section, you must comply with the requirements
specified in paragraphs (e)(3)(i) through (v) of this section for all
pressure relief devices in organic HAP service.
    (i) You must equip each affected pressure relief device with a
device(s) or use a monitoring system that is capable of:
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is
occurring. The device or monitoring system must be either specific to
the pressure relief device itself or must be associated with the
process system or piping, sufficient to indicate a pressure release to
the atmosphere. Examples of these types of devices and systems include,
but are not limited to, a rupture disk indicator, magnetic sensor,
motion detector on the pressure relief valve stem, flow monitor, or
pressure monitor.
    (ii) You must apply at least three redundant prevention measures to
each affected pressure relief device and document these measures.
Examples of prevention measures include:
    (A) Flow, temperature, liquid level and pressure indicators with
deadman switches, monitors, or automatic actuators. Independent, non-
duplicative systems within this category count as separate redundant
prevention measures.
    (B) Documented routine inspection and maintenance programs and/or
operator training (maintenance programs and operator training may count
as only one redundant prevention measure).
    (C) Inherently safer designs or safety instrumentation systems.
    (D) Deluge systems.
    (E) Staged relief system where the initial pressure relief device
(with lower set release pressure) discharges to a flare or other closed
vent system and control device.
    (iii) If any affected pressure relief device releases to atmosphere
as a result of a pressure release event, you must perform root cause
analysis and corrective action analysis according to the requirement in
paragraph (e)(6) of this section and implement corrective actions
according to the requirements in paragraph (e)(7) of this section. You
must also calculate the quantity of organic HAP released during each
pressure release event and report this quantity as required in Sec.
63.2520(e)(15). Calculations may be based on data from the pressure
relief device monitoring alone or in combination with process parameter
monitoring data and process knowledge.
    (iv) You must determine the total number of release events that
occurred during the calendar year for each affected pressure relief
device separately. You must also determine the total number of release
events for each pressure relief device for which the root cause
analysis concluded that the root cause was a force majeure event, as
defined in Sec.  63.2550.
    (v) Except for pressure relief devices described in paragraphs
(e)(4) and (5) of this section, the following release events from an
affected pressure relief device are a deviation of the pressure release
management work practice standards.
    (A) Any release event for which the root cause of the event was
determined to be operator error or poor maintenance.
    (B) A second release event not including force majeure events from
a single pressure relief device in a 3 calendar year period for the
same root cause for the same equipment.
    (C) A third release event not including force majeure events from a
single pressure relief device in a 3 calendar year period for any
reason.
    (4) Pressure relief devices routed to a control device, process,
fuel gas system, or drain system. (i) If all releases and potential
leaks from a pressure relief device are routed through a closed vent
system to a control device, back into the process, to the fuel gas
system, or to a drain system, then you are not required to comply with
paragraph (e)(1), (2), or (3) of this section.
    (ii) Before the compliance dates specified in Sec.  63.2445(g),
both the closed vent system and control device (if applicable)
referenced in paragraph (e)(4)(i) of this section must meet the
applicable requirements specified in Sec.  63.982(b) and (c)(2) of
subpart SS. Beginning no later than the compliance dates specified in
Sec.  63.2445(g), both the closed vent system and control device (if
applicable) referenced in paragraph (e)(4)(i) of this section must meet
the

applicable requirements specified in Sec.  63.982(c)(2), Sec.  63.983,
and Sec.  63.2450(e)(4) through (6).
    (iii) The drain system (if applicable) referenced in paragraph
(e)(4)(i) must meet the applicable requirements specified in Sec.
63.2485(e).
    (5) Pressure relief devices exempted from pressure release
management requirements. The following types of pressure relief devices
are not subject to the pressure release management requirements in
paragraph (e)(3) of this section.
    (i) Pressure relief devices in heavy liquid service, as defined in
Sec.  63.1020 of subpart UU or Sec.  65.103(f) of subpart F.
    (ii) Thermal expansion relief valves.
    (iii) Pressure relief devices designed with a set relief pressure
of less than 2.5 psig.
    (iv) Pilot-operated pressure relief devices where the primary
release valve is routed through a closed vent system to a control
device or back into the process, to the fuel gas system, or to a drain
system.
    (v) Balanced bellows pressure relief devices where the primary
release valve is routed through a closed vent system to a control
device or back into the process, to the fuel gas system, or to a drain
system.
    (6) Root cause analysis and corrective action analysis. A root
cause analysis and corrective action analysis must be completed as soon
as possible, but no later than 45 days after a release event. Special
circumstances affecting the number of root cause analyses and/or
corrective action analyses are provided in paragraphs (e)(6)(i) through
(iii) of this section.
    (i) You may conduct a single root cause analysis and corrective
action analysis for a single emergency event that causes two or more
pressure relief devices installed on the same equipment to release.
    (ii) You may conduct a single root cause analysis and corrective
action analysis for a single emergency event that causes two or more
pressure relief devices to release, regardless of the equipment served,
if the root cause is reasonably expected to be a force majeure event,
as defined in Sec.  63.2550.
    (iii) Except as provided in paragraphs (e)(6)(i) and (ii) of this
section, if more than one pressure relief device has a release during
the same time period, an initial root cause analysis must be conducted
separately for each pressure relief device that had a release. If the
initial root cause analysis indicates that the release events have the
same root cause(s), the initially separate root cause analyses may be
recorded as a single root cause analysis and a single corrective action
analysis may be conducted.
    (7) Corrective action implementation. You must conduct a root cause
analysis and corrective action analysis as specified in paragraphs
(e)(3)(iii) and (e)(6) of this section, and you must implement the
corrective action(s) identified in the corrective action analysis in
accordance with the applicable requirements in paragraphs (e)(7)(i)
through (iii) of this section.
    (i) All corrective action(s) must be implemented within 45 days of
the event for which the root cause and corrective action analyses were
required or as soon thereafter as practicable. If you conclude that no
corrective action should be implemented, you must record and explain
the basis for that conclusion no later than 45 days following the
event.
    (ii) For corrective actions that cannot be fully implemented within
45 days following the event for which the root cause and corrective
action analyses were required, you must develop an implementation
schedule to complete the corrective action(s) as soon as practicable.
    (iii) No later than 45 days following the event for which a root
cause and corrective action analyses were required, you must record the
corrective action(s) completed to date, and, for action(s) not already
completed, a schedule for implementation, including proposed
commencement and completion dates.
    (8) Flowing pilot-operated pressure relief devices. For affected
sources that commenced construction or reconstruction on or before
December 17, 2019, you are prohibited from installing a flowing pilot-
operated pressure relief device or replacing any pressure relief device
with a flowing pilot-operated pressure relief device after [date 3
years after date of publication of final rule in the Federal Register].
For affected sources that commenced construction or reconstruction
after December 17, 2019, you are prohibited from installing and
operating flowing pilot-operated pressure relief devices. For purpose
of compliance with this paragraph, a flowing pilot-operated pressure
relief device means the type of pilot-operated pressure relief device
where the pilot discharge vent continuously releases emissions to the
atmosphere when the pressure relief device is actuated.
    (f) Beginning no later than the compliance dates specified in Sec.
63.2445(g), the referenced provisions specified in paragraphs (f)(1)
through (15) of this section do not apply when demonstrating compliance
with this section.
    (1) Sec.  63.163(c)(3) of subpart H.
    (2) The second sentence of Sec.  63.181(d)(5)(i) of subpart H.
    (3) Sec.  63.1026(b)(3) of subpart UU.
    (4) The phrase ``(except periods of startup, shutdown, or
malfunction)'' from Sec.  63.1026(e)(1)(ii)(A) of subpart UU.
    (5) The phrase ``(except during periods of startup, shutdown, or
malfunction)'' from Sec.  63.1028(e)(1)(i)(A) of subpart UU.
    (6) The phrase ``(except during periods of startup, shutdown, or
malfunction)'' from Sec.  63.1031(b)(1) of subpart UU.
    (7) The second sentence of Sec.  65.105(f)(4)(i) of subpart F.
    (8) Sec.  65.107(b)(3) of subpart F.
    (9) The phrase ``(except periods of start-up, shutdown, or
malfunction)'' from Sec.  65.107(e)(1)(ii)(A) of subpart F.
    (10) The phrase ``(except during periods of start-up, shutdown, or
malfunction)'' from Sec.  65.109(e)(1)(i)(A) of subpart F.
    (11) The phrase ``(except during periods of start-up, shutdown, or
malfunction)'' from Sec.  65.112(b)(1) of subpart F.
    (12) The last sentence of Sec.  65.115(b)(1) of subpart F.
    (13) The last sentence of Sec.  65.115(b)(2) of subpart F.
    (14) The phrase ``Except for pressure relief devices needed for
safety purposes, low leg drains, high point bleeds, analyzer vents, and
open-ended valves or lines'' in Sec.  65.143(a)(3) of subpart G.
    (15) For flares complying with Sec.  63.2450(e)(5), the following
provisions do not apply:
    (i) Sec.  63.172(d) of subpart H;
    (ii) Sec.  63.180(e) of subpart H;
    (iii) Sec.  63.181(g)(1)(iii) of subpart H;
    (iv) The phrase ``including periods when a flare pilot light system
does not have a flame'' from Sec.  63.181(g)(2)(i) of subpart H;
    (v) Sec.  63.1034(b)(2)(iii) of subpart UU; and
    (vi) Sec.  65.115(b)(2) of subpart F.
0
12. Section 63.2485 is amended by:
0
a. Revising paragraphs (a) and (f);
0
b. Adding paragraph (h)(4);
0
c. Revising paragraph (i)(2)(ii);
0
d. Adding paragraph (i)(2)(iii);
0
e. Revising paragraphs (k) introductory text, (n)(2) introductory text,
(n)(2)(ii) and (n)(2)(iv)(A);
0
f. Redesignating Equation 1 to paragraph (n)(2) as Equation 4;
0
g. Adding paragraph (n)(2)(vii);
0
h. Revising paragraphs (n)(4) and (o);
0
i. Adding paragraphs (p) and (q).
    The revisions and additions read as follows:

Sec.  63.2485  What requirements must I meet for wastewater streams and
liquid streams in open systems within an MCPU?

    (a) You must meet each requirement in table 7 to this subpart that
applies to your wastewater streams and liquid streams in open systems
within an MCPU, except as specified in paragraphs (b) through (q) of
this section.
* * * * *
    (f) Closed-vent system requirements. Except as specified in Sec.
63.2450(e)(6), when Sec.  63.148(k) refers to closed vent systems that
are subject to the requirements of Sec.  [thinsp]63.172, the
requirements of either Sec.  [thinsp]63.172 or Sec.  63.1034 apply for
the purposes of this subpart.
* * * * *
    (h) * * *
    (4) As an alternative to using EPA Method 624 as specified in Sec.
63.144(b)(5)(i)(C), you may use ASTM D5790-95 (2012) (incorporated by
reference, see Sec.  63.14) for the analysis of total organic HAP in
wastewater samples. If you choose to use ASTM D5790-95 (2012), then you
must also use the sampling procedures of EPA Method 25D or an
equivalent method.
    (i) * * *
    (2) * * *
    (ii) The transferee must treat the wastewater stream or residual in
a biological treatment unit in accordance with the requirement in
paragraph (i)(2)(iii) of this section and the requirements of
Sec. Sec.  63.138 and 63.145 and the requirements referenced therein.
    (iii) Beginning no later than the compliance dates specified in
Sec.  63.2445(g), the requirement of Sec.  63.145(a)(3) no longer
applies. Instead, the transferee must comply with the conditions
specified in 63.2450(g)(6).
* * * * *
    (k) The requirement to correct outlet concentrations from
combustion devices to 3 percent oxygen in Sec. Sec.  63.139(c)(1)(ii)
and 63.145(i)(6) applies only if supplemental gases are combined with a
vent stream from a Group 1 wastewater stream. If emissions are
controlled with a vapor recovery system as specified in Sec.
63.139(c)(2), you must correct for supplemental gases as specified in
Sec.  63.2460(c)(6).
* * * * *
    (n) * * *
    (2) Calculate the destruction efficiency of the biological
treatment unit using Equation 4 of this subpart in accordance with the
procedures described in paragraphs (n)(2)(i) through (viii) of this
section. You have demonstrated initial compliance if E is greater than
or equal to 90 percent.
* * * * *
    (ii) Except as specified in paragraph (n)(2)(vii) of this section,
conduct the demonstration under representative process unit and
treatment unit operating conditions in accordance with Sec.
[thinsp]63.145(a)(3) and (4).
* * * * *
    (iv) * * *
    (A) If the biological treatment process meets both of the
requirements specified in Sec.  63.145(h)(1)(i) and (ii), you may elect
to replace the Fbio term in Equation 4 of this subpart with
the numeral ``1.''
* * * * *
    (vii) Beginning no later than the compliance dates specified in
Sec.  63.2445(g), the requirement of Sec.  63.145(a)(3) no longer
applies. Instead, you must comply with the conditions specified in
63.2450(g)(6).
* * * * *
    (4) For any wastewater streams that are Group 1 for both PSHAP and
SHAP, you may elect to meet the requirements specified in table 7 to
this subpart for the PSHAP and then comply with paragraphs (n)(1)
through (3) of this section for the SHAP in the wastewater system. You
may determine the SHAP mass removal rate, in kg/hr, in treatment units
that are used to meet the requirements for PSHAP and add this amount to
both the numerator and denominator in Equation 4 of this subpart.
    (o) Compliance records. Except as specified in paragraph (p) of
this section, for each CPMS used to monitor a nonflare control device
for wastewater emissions, you must keep records as specified in Sec.
63.998(c)(1) in addition to the records required in Sec.  63.147(d).
    (p) Compliance records after date of compliance. Beginning no later
than the compliance dates specified in Sec.  63.2445(g), paragraph (o)
of this section no longer applies. Instead, for each CPMS used to
monitor a nonflare control device for wastewater emissions, you must
keep records as specified in Sec.  63.998(c)(1) in addition to the
records required in Sec.  63.147(d), except that the provisions of
Sec.  63.998(c)(1)(ii)(D), (E), (F), and (G) do not apply.
    (q) Startup, shutdown, and malfunction referenced provisions.
Beginning no later than the compliance dates specified in Sec.
63.2445(g), the referenced provisions specified in paragraphs (q)(1)
through (5) of this section do not apply when demonstrating compliance
with this section.
    (1) Sec.  63.105(d) and (e).
    (2) Sec.  63.132(b)(3)(i)(B).
    (3) Sec.  63.132(f)(2).
    (4) Sec.  63.148(f)(3).
    (5) For flares complying with Sec.  63.2450(e)(5), the following
provisions do not apply:
    (i) Sec.  63.139(c)(3);
    (ii) Sec.  63.139(d)(2)(vii)(3);
    (iii) Sec.  63.145(j);
    (iv) Sec.  63.146(b)(7)(i);
    (v) Sec.  63.147(d)(1); and
    (vi) Sec.  63.1034(b)(2)(iii).
0
13. Revise Sec.  63.2490 to read as follows:

Sec.  63.2490  What requirements must I meet for heat exchange systems?

    (a) You must comply with each requirement in Table 10 to this
subpart that applies to your heat exchange systems, except as specified
in paragraphs (b) through (d) of this section.
    (b) Except as specified in paragraph (d) of this section, if you
comply with the requirements of Sec.  63.104 as specified in Table 10
to this subpart, then the phrase ``a chemical manufacturing process
unit meeting the conditions of Sec.  63.100 (b)(1) through (b)(3) of
this section'' in Sec.  63.104(a) means ``an MCPU meeting the
conditions of Sec.  63.2435'' for the purposes of this subpart.
    (c) Except as specified in paragraph (d) of this section, if you
comply with the requirements of Sec.  63.104 as specified in Table 10
to this subpart, then the reference to Sec.  63.100(c) in Sec.
63.104(a) does not apply for the purposes of this subpart.
    (d) Beginning no later than the compliance dates specified in Sec.
63.2445(g), the requirements of Sec.  63.104 as specified in Table 10
to this subpart and paragraphs (b) and (c) of this section no longer
apply. Instead, you must monitor the cooling water for the presence of
total strippable hydrocarbon concentration (as methane) that indicate a
leak according to paragraph (d)(1) of this section, and if you detect a
leak, then you must repair it according to paragraphs (d)(2) and (3) of
this section, unless repair is delayed according to paragraph (d)(4) of
this section. At any time before the compliance dates specified in
Sec.  63.2445(g), you may choose to comply with the requirements in
this paragraph in lieu of the requirements of Sec.  63.104 as specified
in Table 10 to this subpart and paragraphs (b) and (c) of this section.
The requirements in this paragraph do not apply to heat exchange
systems that have a maximum cooling water flow rate of 10 gallons per
minute or less.
    (1) You must perform monitoring to identify leaks of total
strippable

hydrocarbon concentration (as methane) from each heat exchange system
subject to the requirements of this subpart according to the procedures
in paragraphs (d)(1)(i) through (v) of this section.
    (i) Monitoring locations for closed-loop recirculation heat
exchange systems. For each closed loop recirculating heat exchange
system, you must collect and analyze a sample from the location(s)
described in either paragraph (d)(1)(i)(A) or (B) of this section.
    (A) Each cooling tower return line or any representative riser
within the cooling tower prior to exposure to air for each heat
exchange system.
    (B) Selected heat exchanger exit line(s), so that each heat
exchanger or group of heat exchangers within a heat exchange system is
covered by the selected monitoring location(s).
    (ii) Monitoring locations for once-through heat exchange systems.
For each once-through heat exchange system, you must collect and
analyze a sample from the location(s) described in paragraph
(d)(1)(ii)(A) of this section. You may also elect to collect and
analyze an additional sample from the location(s) described in
paragraph (d)(1)(ii)(B) of this section.
    (A) Selected heat exchanger exit line(s), so that each heat
exchanger or group of heat exchangers within a heat exchange system is
covered by the selected monitoring location(s). The selected monitoring
location may be at a point where discharges from multiple heat exchange
systems are combined provided that the combined cooling water flow rate
at the monitoring location does not exceed 40,000 gallons per minute.
    (B) The inlet water feed line for a once-through heat exchange
system prior to any heat exchanger. If multiple heat exchange systems
use the same water feed (i.e., inlet water from the same primary water
source), you may monitor at one representative location and use the
monitoring results for that sampling location for all heat exchange
systems that use that same water feed.
    (iii) Monitoring method. You must determine the total strippable
hydrocarbon concentration (in parts per million by volume (ppmv) as
methane) at each monitoring location using the ``Air Stripping Method
(Modified El Paso Method) for Determination of Volatile Organic
Compound Emissions from Water Sources'' Revision Number One, dated
January 2003, Sampling Procedures Manual, appendix P: Cooling Tower
Monitoring, prepared by Texas Commission on Environmental Quality,
January 31, 2003 (incorporated by reference--see Sec.  63.14) using a
flame ionization detector (FID) analyzer for on-site determination as
described in Section 6.1 of the Modified El Paso Method.
    (iv) Monitoring frequency and leak action level. For each heat
exchange system, you must initially monitor monthly for 6-months
beginning upon startup and monitor quarterly thereafter using a leak
action level defined as a total strippable hydrocarbon concentration
(as methane) in the stripping gas of 6.2 ppmv. If a leak is detected as
specified in paragraph (d)(1)(v) of this section, then you must monitor
monthly until the leak has been repaired according to the requirements
in paragraph (d)(2) or (3) of this section. Once the leak has been
repaired according to the requirements in paragraph (d)(2) or (3) of
this section, quarterly monitoring for the heat exchange system may
resume. The monitoring frequencies specified in this paragraph also
apply to the inlet water feed line for a once-through heat exchange
system, if monitoring of the inlet water feed is elected as provided in
paragraph (d)(1)(ii)(B) of this section.
    (v) Leak definition. A leak is defined as described in paragraph
(d)(1)(v)(A) or (B) of this section, as applicable.
    (A) For once-through heat exchange systems for which the inlet
water feed is monitored as described in paragraph (d)(1)(ii)(B) of this
section, a leak is detected if the difference in the measurement value
of the sample taken from a location specified in paragraph
(d)(1)(ii)(A) of this section and the measurement value of the
corresponding sample taken from the location specified in paragraph
(d)(1)(ii)(B) of this section equals or exceeds the leak action level.
    (B) For all other heat exchange systems, a leak is detected if a
measurement value of the sample taken from a location specified in
paragraph (d)(1)(i)(A), (B), or (d)(1)(ii)(A) of this section equals or
exceeds the leak action level.
    (2) If a leak is detected using the methods described in paragraph
(d)(1) of this section, you must repair the leak to reduce the measured
concentration to below the applicable leak action level as soon as
practicable, but no later than 45 days after identifying the leak,
except as specified in paragraph (d)(4) of this section. Repair must
include re-monitoring at the monitoring location where the leak was
identified according to the method specified in paragraph (d)(1)(iii)
of this section to verify that the measured total strippable
hydrocarbon concentration is below the applicable leak action level.
Repair may also include performing the additional monitoring in
paragraph (d)(3) of this section to verify that the total strippable
hydrocarbon concentration is below the applicable leak action level.
Actions that can be taken to achieve repair include but are not limited
to:
    (i) Physical modifications to the leaking heat exchanger, such as
welding the leak or replacing a tube;
    (ii) Blocking the leaking tube within the heat exchanger;
    (iii) Changing the pressure so that water flows into the process
fluid;
    (iv) Replacing the heat exchanger or heat exchanger bundle; or
    (v) Isolating, bypassing, or otherwise removing the leaking heat
exchanger from service until it is otherwise repaired.
    (3) If you detect a leak when monitoring a cooling tower return
line under paragraph (d)(1)(i)(A) of this section, you may conduct
additional monitoring of each heat exchanger or group of heat
exchangers associated with the heat exchange system for which the leak
was detected, as provided in paragraph (d)(1)(i)(B) of this section. If
no leaks are detected when monitoring according to the requirements of
paragraph (d)(1)(i)(B) of this section, the heat exchange system is
considered to have met the repair requirements through re-monitoring of