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17738 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations
Dated: March 31, 2006. ACTION: Final rule. NW., Washington, DC 20004. This
Stephen L. Johnson, Docket Facility is open from 8:30 a.m.
SUMMARY: This action finalizes
Administrator. to 4:30 p.m., Monday through Friday,
amendments to national emission
I For the reasons stated in the preamble, excluding legal holidays. The Docket
standards for hazardous air pollutants
title 40, chapter I, part 63 of the Code telephone number is (202) 566–1744.
(NESHAP) for hydrochloric acid (HCl)
of Federal Regulations is amended as The Reading Room is open from 8:30
production facilities, including HCl
follows: production at fume silica facilities. The a.m. to 4:30 p.m., Monday through
amendments to the final rule clarify Friday, excluding legal holidays. The
PART 63—[AMENDED] telephone number for the Public reading
certain applicability provisions,
I 1. The authority citation for part 63 emission standards, and testing, Room is (202) 566–1744, and the
continues to read as follows: maintenance, and reporting telephone number for the Air Docket is
Authority: 42 U.S.C. 7401, et seq. requirements. The amendments also (202) 566–1742.
correct several omissions and FOR FURTHER INFORMATION CONTACT: For
Subpart Q—[Amended] typographical errors in the final rule. information concerning applicability
We are finalizing the amendments to and rule determinations, contact your
I 2. Section 63.400 is amended by facilitate compliance and improve
revising paragraph (a) to read as follows: State or local regulatory agency
understanding of the final rule
representative or the appropriate EPA
§ 63.400 Applicability. requirements.
Regional Office representative. For
(a) The provisions of this subpart DATES: The final rule is effective April information concerning analyses
apply to all new and existing industrial 7, 2006. performed in developing the final
process cooling towers that are operated ADDRESSES: Docket. EPA has established amendments, contact Mr. Randy
with chromium-based water treatment a docket for this action including Docket McDonald, Coatings and Chemicals
chemicals and are either major sources ID No. EPA–HQ–OAR–2002–0057, Group, Sectors Policies and Programs
or are integral parts of facilities that are legacy EDOCKET ID No. OAR–2002– Division (C439–01), U.S. EPA, Research
major sources as defined in § 63.401. 0057, and legacy Docket ID No. A–99– Triangle Park, North Carolina 27711;
* * * * * 41. All documents in the docket are telephone number (919) 541–5402; fax
[FR Doc. 06–3316 Filed 4–6–06; 8:45 am] listed on the http://www.regulations.gov number (919) 541–3470; electronic mail
BILLING CODE 6560–50–P Web site. Although listed in the index, address: mcdonald.randy@epa.gov.
some information is not publicly
available, e.g., confidential business SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION information (CBI) or other information Regulated Entities. Categories and
AGENCY whose disclosure is restricted by statute. entities potentially regulated by this
Certain other material, such as action include:
40 CFR Part 63 copyrighted material, is not placed on
[EPA–HQ–OAR–2002–0057; FRL–8055–6] the Internet and will be publicly
available only in hard copy form.
RIN 2060–AM25 Publicly available docket materials are
available either electronically through
National Emission Standards for
http://www.regulations.gov or in hard
Hazardous Air Pollutants: Hydrochloric
copy at the following address: Air and
Acid Production
Radiation Docket and Information
AGENCY: Environmental Protection Center (Air Docket), EPA/DC, EPA West,
Agency (EPA). Room B102, 1301 Constitution Avenue,
Category SIC a NAICS b Regulated entities
Industry ..................................................................................................... 2819 325188 Hydrochloric Acid Production.
2821 325211
2869 325199
a Standard Industrial Classification.
b North American Information Classification System.
This list is not intended to be Worldwide Web (WWW). In addition Court of Appeals for the District of
exhaustive, but rather provides a guide to being available in the docket, an Columbia Circuit on or before June 6,
for readers regarding entities likely to be electronic copy of today’s action is 2006. Only those objections to the final
regulated by this action. To determine available on the WWW through the rule which were raised with reasonable
whether your facility is regulated by this Technology Transfer Network (TTN). specificity during the period for public
action, you should examine the Following signature, a copy of the final comment may be raised during judicial
applicability criteria in section 63.8985 amendments will be posted on the review. Moreover, under CAA section
of the final rule. If you have questions TTN’s policy and guidance page for 307(b)(2), the requirements established
regarding the applicability of this action newly proposed or promulgated rules by today’s final action may not be
to a particular entity, consult your State http://www.epa.gov/ttn/oarpg. challenged separately in any civil or
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or local agency (or EPA Regional Office) Judicial Review. Under section 307(b) criminal proceeding we bring to enforce
described in the preceding FOR FURTHER of the Clean Air Act (CAA), judicial these requirements.
INFORMATION CONTACT section. review of the final rule is available only Section 307(d)(7)(B) of the CAA
by filing a petition for review in the U.S. further provides that ‘‘only an objection
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17739
to a rule or procedure which was raised I. National Technology Transfer and The commenters represent HCl
with reasonable specificity during the Advancement Act producers and industrial trade
period for public comment (including J. Congressional Review Act associations. All of the comments have
any public hearing) may be raised I. Background been carefully considered, and, where
during judicial review.’’ This section appropriate, changes have been made
also provides a mechanism for EPA to A. What Is the Source of Authority for for the amendments to the final rule.
convene a proceeding for Development of NESHAP?
II. Summary of the Final Amendments
reconsideration, ‘‘if the person raising Section 112 of the CAA requires EPA
an objection can demonstrate to EPA to list categories and subcategories of We are finalizing amendments to 40
that it was impracticable to raise such major sources and area sources of CFR part 63, subpart NNNNN, to change
objection within [the period for public hazardous air pollutants (HAP) and to the applicability provisions, to clarify
comment] or if the grounds for such establish NESHAP for the listed source testing, monitoring, and reporting
objection arose after the period for categories and subcategories. requirements, and to correct inadvertent
public comment (but within the time Hydrochloric acid production and fume omissions and typographical errors. A
specified for judicial review) and if such silica production were listed as source summary of each of the amendments to
objection is of central relevance to the categories under the production of 40 CFR part 63, subpart NNNNN, and
outcome of the rule.’’ Any person inorganic chemicals group on EPA’s the rationale for each is presented
seeking to make such a demonstration to initial list of major source categories below.
EPA should submit a Petition for published in the Federal Register on A. Applicability
Reconsideration to the Office of the July 16, 1992 (57 FR 31576).1 On
Administrator, U.S. EPA, Room 3000, September 18, 2001, we combined these In order to avoid regulatory overlap,
Ariel Rios Building, 1200 Pennsylvania two source categories for regulatory the HCl Production NESHAP exempt
Ave., NW., Washington, DC 20460, with purposes under the production of certain HCl production facilities that are
a copy to both the person(s) listed in the inorganic chemicals group and renamed part of other source categories and
FOR FURTHER INFORMATION CONTACT the source category as HCl production subject to other Federal standards. We
section, and the Director of the Air and (66 FR 48174). Major sources of HAP are intended the HCl Production NESHAP
Radiation Law Office, Office of General those that have the potential to emit to cover only those HCl production
Counsel (Mail Code 2344A), U.S. EPA, greater than 9.07 megagrams per year facilities that were not subject to any
1200 Pennsylvania Ave, NW., (Mg/yr) (10 tons per year (tpy)) of any other NESHAP and not to cover those
Washington, DC 20004. one HAP or 22.68 Mg/yr (25 tpy) of any HCl production facilities that were
Outline. The information in this combination of HAP. subject to other NESHAP. Today’s final
preamble is organized as follows: amendments adjust the applicability
B. How Did the Public Participate in provisions to rectify three situations that
I. Background Developing the Amendments to the came to our attention after promulgation
A. What Is the Source of Authority for Final Rule?
Development of NESHAP?
of the HCl Production NESHAP in
B. How Did the Public Participate in The final rule was published in the which this intent was not satisfied.
Developing the Amendments to the Final Federal Register on April 17, 2003 (68 First, the final amendments will
Rule? FR 19076). The final rule contains address the HCl Production NESHAP’s
II. Summary of the Final Amendments emission limitations and standards exemptions for HCl production facilities
A. Applicability applicable to HCl and chlorine (Cl2). that are subject to certain other
B. Definitions regulations, including 40 CFR part 63,
C. Emission Standards These limits apply to each new or
existing HCl process vent, HCl storage subpart EEE (the Hazardous Waste
D. Storage Tank Maintenance Combustors NESHAP), and 40 CFR
E. Notification and Reporting tank, HCl transfer operation, and leaks
Requirements from equipment in HCl service located 266.107, subpart H (regulations issued
F. Omissions and Typographical at a major source of HAP. Following under the Resource Conservation and
Corrections promulgation of the final rule, EPA Recovery Act governing the Burning of
III. Significant Comments and Changes Since became aware of certain aspects of the Hazardous Wastes in Boilers and
Proposal Industrial Furnaces). As worded in the
A. Applicability
applicability provisions, emission
standards, and testing, maintenance, final rule, the exemptions were overly
B. Retesting Requirements broad, because neither of the above final
C. Monitoring of pH and reporting requirements that
D. Engineering Evaluations required clarification along with several rules covers emissions of HCl from HCl
E. Compliance Date omissions and typographical errors in storage tanks, HCl transfer operations, or
F. Planned Maintenance the final rule that required correction. leaks from equipment in HCl service at
G. Work Practice Standards On August 24, 2005, we published these facilities. This leaves these
IV. Impacts of the Final Rule emission points not subject to any
proposed amendments (70 FR 49530) to
V. Statutory and Executive Order (EO) Federal standards, which was not our
Reviews address these issues and sought public
comment on the proposed amendments. intent. Therefore, we are amending
A. EO 12866: Regulatory Planning and
Review Today’s action finalizes those subpart NNNNN of 40 CFR part 63 to
B. Paperwork Reduction Act clarifications and corrections. The exempt facilities that are subject to
C. Regulatory Flexibility Act preamble to the proposed amendments subpart EEE of 40 CFR part 63 or
D. Unfunded Mandates Reform Act discussed the availability of technical subpart H of 40 CFR part 266 and that
E. EO 13132: Federalism support documents, which described in meet the applicability requirements of
F. EO 13175: Consultation and subpart NNNNN from only the HCl
Coordination With Indian Tribal detail the information gathered during
the standards development process. process vent provisions of subpart
Governments NNNNN, rather than from all of the
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G. EO 13045: Protection of Children From We received four public comment
Environmental Health and Safety Risks letters on the proposed amendments. requirements of subpart NNNNN.
H. EO 13211: Actions That Significantly Because the purpose of 40 CFR
Affect Energy Supply, Distribution, or 1 Later listing notices (e.g., 66 FR 8220) refer to 63.8985(b) and (c) is to provide
Use the source category as ‘‘fumed’’ silica. exemptions from all of the requirements
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17740 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations
of subpart NNNNN for entire HCl H. Therefore, the exemption for 40 CFR continuous compliance requirements,
production facilities subject to certain part 264, subpart O, is no longer respectively, for sources that are not
other rules, we are removing 40 CFR necessary, and we are removing 40 CFR equipped with an add-on control
63.8985(b)(4) and (c)(3) to eliminate the 63.8985(c)(2), which provided this device. Also, we are amending 40 CFR
overly broad exemptions and instead are exemption. Consequently, we are 63.9015(a) to require that emission
adding new paragraphs to 40 CFR incorporating the exemption provided points meeting the outlet concentration
63.9000(c) to accomplish the in 40 CFR 63.8985(c)(1) into 40 CFR limits without the use of a control
exemptions. The purpose of 40 CFR 63.8985(c), and, thus, removing 40 CFR device conduct subsequent performance
63.9000(c) is to exempt certain emission 63.8985(c)(1). tests when process changes are made
streams from subpart NNNNN. Under 40 that could reasonably be expected to
B. Definitions
CFR 63.9000(c), plants that are subject change the outlet concentration. Finally,
to subpart EEE of 40 CFR part 63 or We are clarifying the meaning of we are amending 40 CFR 63.9050 by
subpart H of 40 CFR part 266 and that ‘‘equipment in HCl service,’’ which is adding paragraph (c)(9), which specifies
meet the other applicability provisions defined in the HCl Production NESHAP that compliance reports must include
of subpart NNNNN would be affected as ‘‘each pump, compressor, agitator, verification that no process changes that
sources under subpart NNNNN but pressure relief device, sampling could reasonably be expected to change
would be exempt from the process vents connection system, open-ended valve or the outlet concentration have been made
provisions of subpart NNNNN. line, valve, connector, and since the last performance test.
Second, the amendments revise the instrumentation system that contains 30
HCl Production NESHAP’s exemptions weight percent or greater of liquid HCl D. Storage Tank Maintenance
for specific emission streams to or 5 weight percent or greater of gaseous The HCl Production NESHAP are
eliminate duplicative regulation. Some HCl at any time’’ (40 CFR 63.9075). This silent on the issue of how maintenance
emission points that are not themselves definition could be interpreted to is to be conducted on HCl storage tank
subject to subpart EEE of 40 CFR part 63 include equipment that is located at the control devices. This could lead to
have their emissions controlled under same plant site as an ‘‘HCl production uncertainty over whether an HCl storage
subpart EEE because their emissions are facility’’ (40 CFR 63.8985(a)(1)) but is tank would need to be emptied before
routed directly through equipment that not part of the HCl production facility. the associated control device could be
is subject to subpart EEE (e.g., an HCl We intended to include only equipment disconnected for maintenance purposes.
process vent emission stream routed to that meets the above definition and is It was not our intent that an HCl storage
a hazardous waste combustor (HWC) for located within an HCl production tank would need to be emptied prior to
use as supplemental combustion air). facility. Therefore, we are amending the maintenance because the standing
Currently, these emissions (e.g., from definition of ‘‘equipment in HCl losses associated with a full or partially-
the combustor) are regulated by both service’’ in 40 CFR 63.9075 to clarify full HCl storage tank are low, when
subpart EEE and subpart NNNNN of 40 that the definition applies only to compared to the emissions that occur
CFR part 63. To rectify this situation, we equipment within an HCl production from filling and emptying the tank. To
are adding a new paragraph to 40 CFR facility. clarify our intent, we are amending 40
63.9000(c) to include an emission C. Emission Standards CFR 63.9000, by adding paragraph (d),
stream-specific exemption for HCl to allow HCl production facilities to
process vents, HCl storage tanks, and The HCl Production NESHAP specify
the emission limits for existing and new perform planned routine maintenance
HCl transfer operations that are routed on each HCl storage tank control device
directly to HWC units subject to subpart HCl process vents, HCl storage tanks,
and HCl transfer operations in two for up to 240 hours per year without
EEE. This means that HCl production emptying the contents of the tank.
facility emission streams that are routed forms—a percent reduction and an
outlet concentration—and allows HCl During this time, the storage tank
to subpart EEE HWC units are exempt emission limitations would not apply.
from the requirements of subpart production facilities to comply with
either one. However, the wording of the Also, we are amending 40 CFR 63.9050,
NNNNN. by adding paragraph (c)(10), and 40 CFR
Finally, the amendments remove the emission limits could be construed to
require the use of an add-on control 63.9055, by adding paragraph (b)(6), to
HCl Production NESHAP’s exemption
device even when an emission point specify the reporting and recordkeeping
for HCl production facilities subject to
meets the outlet concentration emission requirements for planned routine
40 CFR 264.343(b), subpart O
limit without an add-on control device. maintenance events. These provisions
(Incinerators), which will no longer be
It was not our intent to require add-on are consistent with other NESHAP to
necessary. A combustor that burns
control devices when they are which plant sites containing HCl
hazardous waste and meets the subpart
unnecessary for compliance. Although a production facilities may be subject.
NNNNN of 40 CFR part 63 definition of
an HCl production facility would be percent reduction emission limit would E. Notification and Reporting
defined as a halogen acid furnace need to be achieved through the use of Requirements
(currently subject to 40 CFR 266.107, an add-on control device, we recognize
subpart H, and that will be subject to 40 that an outlet concentration emission 1. Notification of Compliance Status
CFR part 63, subpart EEE, on the limit could be achieved through other The HCl Production NESHAP require
compliance date (October 14, 2008) of means (e.g., process changes, pollution the submission of a Notification of
EPA’s final rule promulgated on October prevention). Therefore, we are Compliance Status (NOCS) to the
12, 2005 (70 FR 59402)), not an amending table 1 to subpart NNNNN of Administrator when a performance test
incinerator (subject to 40 CFR 40 CFR part 63 to clarify that it is not is conducted (40 CFR 63.9045(a), table
264.343(b), subpart O). As discussed necessary to use an add-on control 7 to subpart NNNNN of 40 CFR part 63,
device in order to meet the outlet and 40 CFR 63.9(h)). It could be
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above, we are amending the
applicability provisions of the HCl concentration form of the emission interpreted that 40 CFR 63.9045(e) and
Production NESHAP to properly limits. In addition, we are amending (f) require the submission of a separate
address HCl production facilities that tables 3 and 5 to subpart NNNNN to NOCS for each performance test that is
are subject to 40 CFR part 266, subpart specify the sampling port location and conducted (e.g., on each emission
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17741
point). It is more efficient and no less the first column of table 1, item 4, to changes. This language is consistent
effective for HCl production facilities to subpart NNNNN of 40 CFR part 63. with other rulemaking actions.
submit one NOCS for the entire affected We are correcting an inaccurate Comment: One commenter requests
source, rather than one NOCS for each reference in 40 CFR 63.9025(a) that EPA define ‘‘temporary process
emission point tested, and it was not regarding operating parameters. The changes,’’ in proposed 40 CFR
our intent to require unnecessary reference should be to 40 CFR 63.9015(a) to be changes of less than 1
paperwork. Therefore, we are amending 63.9020(e), which requires operating year in duration where the owner/
40 CFR 63.9045 to change the parameters to be established, rather than operator believes that the source will
submission procedures for NOCS. We to 40 CFR 63.9020(d). This was a continue to demonstrate compliance
will allow NOCS to be submitted within typographical error in the final rule. without changing the compliance
240 calendar days of the compliance We are correcting an inaccurate demonstration method.
dates for subpart NNNNN of 40 CFR reference in the definition of ‘‘HCl Response: EPA disagrees with the
part 63. The final amendments allow for production facility’’ in 40 CFR 63.9075. commenter. As mentioned in the
the submission of only one NOCS per The reference to 40 CFR 63.8985(a)(i) previous response, without emissions
affected source because the notification should be to 40 CFR 63.8985(a)(1) test data, no one can determine the
is due 60 days after all performance because 40 CFR 63.8985(a)(i) does not effect of a change—temporary or not—
tests are required to be conducted. We exist. This was a typographical error in on an existing facility. Moreover, the
are also amending table 7 to subpart the final rule. commenter errs by excluding the term
NNNNN to reflect this change to the ‘‘unintentional’’ in discussing
III. Significant Comments and Changes ‘‘temporary process changes.’’ As
NOCS submission procedures.
Since Proposal written, the final rule identifies
2. Monitoring and Leak Detection and This section includes discussion of ‘‘unintentional, temporary process
Repair (LDAR) Plans the significant comments received on changes’’ (emphasis added) as not being
The HCl Production NESHAP require the proposed amendments, particularly process changes. Surely a process
submission of the initial site-specific where we made changes to address change lasting up to 1 year could not be
monitoring (40 CFR 63.9005(d)) and those comments in the amendments to considered unintentional. Absent any
LDAR (LDAR; table 1 to subpart the final rule. For a complete summary information as to the length of time
NNNNN of 40 CFR part 63) plans to the of all the comments received on the ‘‘unintentional temporary’’ process
Administrator with a source’s NOCS. proposed rule and our responses to changes should or could last, we have
The final rule does not, however, them, refer to the ‘‘RESPONSE TO not revised the final rule.
specify when or how revisions to these SIGNIFICANT PUBLIC COMMENTS C. Monitoring of pH
plans should be submitted, only that Received in response to Proposed
they should be submitted (40 CFR amendments to National Emission Comment: One commenter believes
63.9055(b)(5)). Submission of revisions Standards for Hazardous Air Pollutants: that the requirement to measure the pH
to these plans is most efficiently done Hydrochloric Acid Production’’ in of the scrubber water as provided in 40
in conjunction with the semi-annual Docket ID No. EPA–HQ–OAR–2002– CFR 63.9020(e)(1) and Table 5 to
compliance report required by 40 CFR 0057. The docket also contains the subpart NNNNN is an inappropriate
63.9050. Therefore, we are amending 40 actual comment letters and supporting operational parameter and should be
CFR 63.9050(c) by adding paragraph documentation developed for the final removed from the final rule. The
(c)(8) to require submission of revisions amendments. commenter believes that monitoring the
to site-specific monitoring plans and water flow of the scrubber is a sufficient
LDAR plans with semi-annual A. Applicability measurement of scrubber performance,
compliance reports, if revisions have Comment: One commenter as seen during performance testing. The
been made during the reporting period. recommends that EPA need not include Pesticide Active Ingredient Production
proposed 40 CFR 63.9000(c)(4) as NESHAP (40 CFR 63.1366(b)(ii)) allows
F. Omissions and Typographical for either minimum liquid flow rate or
proposed 40 CFR 63.9000(c)(5) is more
Corrections pressure drop to be chosen as operating
inclusive and includes the conditions
We are adding an exemption which addressed in 40 CFR 63.9000(c)(4). parameters during the period in which
was inadvertently omitted from the HCl Response: EPA agrees with the the scrubber is controlling HAP from an
Production NESHAP. In the preamble to concept put forward by the commenter emission stream and only requires the
the final rule (68 FR 19082), we and has reworded paragraph (c)(4) to measurement of pH if a caustic scrubber
indicated that we would include an encompass the language proposed in is being used. The commenter believes
exemption for HCl production facilities paragraphs (c)(4), (c)(5), and (c)(6). that a rule change is more efficient than
subject to 40 CFR 63.994, subpart SS. going through the alternative monitoring
Because this exemption was not B. Retesting Requirements request process.
included in the final rule text, we are Comment: Two commenters request Response: EPA disagrees with the
amending the rule to include it. Because that EPA clarify the change provisions commenter’s suggestion to replace
we are removing 40 CFR 63.8985(b)(4), in proposed 40 CFR 63.9015(a) to monitoring of the scrubber water
we are replacing it with the exemption explain that the provisions to retest effluent pH with monitoring of the
for 40 CFR 63.994, subpart SS. process vent emissions should be tied to minimum liquid flow rate or pressure
We are removing the phrase ‘‘/Cl2’’ a change that could cause an increase in drop only. Apart from directly
from 40 CFR 63.8990(b)(4) to reflect a emissions rather than, as currently measuring HCl emissions, monitoring of
change made between the proposed rule worded, ‘‘whenever process changes are the outlet pH of the scrubber water, as
and the final rule which was retained made that could reasonably be expected well as the water flow rate into the
incorrectly in the final rule. The scrubber, provides the most complete
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to change the outlet concentration.’’ A
proposed rule used the term ‘‘in HCl/Cl2 similar change was requested to the depiction of parametric monitoring and
service,’’ but we wrote this term as language in 40 CFR 63.9050(c)(9). best measure for process control.
‘‘equipment in HCl service’’ in the final Response: EPA agrees with the Parametric monitoring that provides a
rule. We are making the same change in commenters and has made the suggested less certain depiction, and
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17742 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations
corresponding level of process control, primarily with organic HAP, with HCl the initial compliance period ends June
would include scrubber water outlet pH occurring in more limited quantities, as 30, 2006, and the initial compliance
monitoring and flow monitoring. The opposed to the primacy of HCl report is due on July 31, 2006.
least-certain depiction, and emissions encountered in the HCl
F. Planned Maintenance
corresponding level of process control, Production NESHAP. The commenters
would arise from monitoring only the provide no data to support their Comment: Two commenters
scrubber water flow. Although such contention about use of engineering expressed concern about the planned
least-certain monitoring may be evaluations in lieu of emissions testing maintenance advance notification
appropriate under certain for HCl and Cl2 for the process vents. requirements in proposed 40 CFR
circumstances, sources subject to the Design values as supplied by such 63.9050(c)(10)(ii) in that planned
HCl production NESHAP may rely on engineering evaluations may be maintenance schedules are subject to
techniques other than once-through appropriate for small emitters (i.e., those change with little or no notice. One of
scrubber water use. In order not to below the NESHAP applicability level) the commenters believes that a facility
prescribe any control technique, source as was done for at least some of the could, in good faith, report advance
owners or operators are able to choose cited NESHAP, but substantial, plans of maintenance to the permit
an approach that works best for them. uncontrolled emissions ‘‘ such as those authority and EPA but then, due to an
The Pesticide NESHAP cited by the that could come from process vents— unforeseen change of plans, not conduct
commenter differs from the HCl should be measured. the planned maintenance on the
NESHAP and what is applicable for Again, EPA feels that a more proposed schedule or identify
sources subject to the Pesticide comparable example is the Hazardous additional, required work that was not
NESHAP may not be relevant for Waste Combustor NESHAP (40 CFR part in the maintenance plan. The
sources subject to the HCl Production 63, subpart EEE). In this standard (40 commenter believes that EPA should
NESHAP. Further, the commenter fails CFR 63.1207(m)), conservative not establish a regulation where a
to note that other standards that regulate engineering evaluations are allowed in decision is required to respond to plant-
HCl emissions require the monitoring of lieu of emissions testing for sources that specific conditions that have no impact
effluent pH. A more comparable can comply with the emission standards on emissions becomes a regulatory
example is that of 40 CFR part 63, assuming all chlorine in the feed is enforcement matter. The commenter
subpart EEE, National Emission emitted as total chlorine (HCl + Cl2)— believes that EPA already has sufficient
Standards for Hazardous Air Pollutants if the maximum theoretical emission authority through the existing startup,
for Hazardous Waste Combustors. In concentration does not (cannot) exceed malfunction, and shutdown (SSM)
this NESHAP, where the HCl the emission standards, emissions provisions to review such maintenance
production process is very similar to testing is waived. However, HCl activities without requiring the
that of the HCl Production NESHAP, production furnaces could not comply additional reporting required by 40 CFR
monitoring of effluent pH is required with this waiver of the emission test 63.9050(c)(10)(ii). The other commenter
whenever a wet scrubber, water or because they rely on wet scrubbers/ requests that tracking of compliance
caustic, is used (40 CFR absorbers to produce HCl product and with any needed notification
63.1209(o)(3)(iv)). control emissions of HCl/Cl2. We requirements only be included in the
EPA is unaware of any difficulty faced believe this situation is analogous to required periodic reports (as proposed
by source owners or operators subject to that encountered in the HCl Production in 40 CFR 63.9050(c)(10)(i)) or that such
the HCl Production NESHAP in getting NESHAP where we have allowed reporting not be required unless a
approval for alternative monitoring as engineering evaluations to be utilized deviation of a monitoring condition or
suggested by the commenter. In fact, at for those emission sources that could an exceedances of an emission limit
least two HCl Production NESHAP possibly emit below the emission occurs during the periodic reporting
source owners/operators have standard (i.e., the storage tanks and period. One commenter believes that the
demonstrated a need for an alternative transfer operations) but have required proposed requirement is overly
monitoring technique, requested emission testing for the emission burdensome and unnecessary. Further,
approval for such technique, and sources that are not likely to emit below the commenter states that it is not aware
received approval for that technique by the standard without the use of a control of any other NESHAP that requires
the Regional offices. device (i.e., the process vents). advance reporting of anticipated
planned routine maintenance activities
D. Engineering Evaluations E. Compliance Date on emission control devices.
Comment: Two commenters request Comment: Two commenters request Response: EPA disagrees with the
that the provision allowing the use of that EPA clarify the deadline for commenters. In adding this
engineering evaluations in lieu of compliance with the final rule and the requirement, EPA was responding to
emission testing, as proposed in 40 CFR dates when the initial reports are due in concerns that the rule language was
9020(e)(3), be amended to include 40 CFR 63.9050(b)(1) and (2), believing unclear on whether an HCl storage tank
process vents as well as the currently that there could be confusion among the would need to be emptied before the
proposed allowance for storage tanks various entities affected by the rule associated control device could be
and transfer operations. The concerning the submittal date for the disconnected for maintenance purposes.
commenters note that EPA has first compliance report. They suggest In the proposed amendments to the final
historically allowed such assessments that the rule language specifically state rule, EPA provided language that
for process vents in other NESHAP (e.g., that January 31, 2007, is the date on allowed owners/operators to perform
40 CFR 63.1258(b)(3)(i); 40 CFR which the first compliance report is maintenance on each HCl storage tank
63.1365(c)(3)(i)(A); 40 CFR 63.1426(f)) due. for up to 240 hours per year without
Response: EPA agrees that the emptying the storage tank. During this
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and continues to support the use of
design evaluations (40 CFR 63.2450(h)). wording could be confusing and has period, the storage tank emissions
Response: EPA disagrees with the added clarification to the language of would not apply. The notification
commenters’ suggestion. The standards the regulation to indicate that, for requirement was included to ensure that
cited by the commenters all deal sources in existence on April 17, 2006, the recipient of the periodic reports is
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17743
aware of planned maintenance activities leaking equipment, the final rule information collection request (ICR),
related to the HCl storage tanks, includes a work practice standard.’’ EPA and made it available for public
including the type of maintenance to be believes that the lack of distinction comment. Most of the final rule
performed and the duration of the between leaking equipment at new and amendments are not expected to have
maintenance (which would be the existing sources is indication that the an impact on the ICR burden. However,
length of time during which the final rule applies to both situations. EPA the ICR was revised because two of the
emission standards would not apply). sees no reason to omit new sources from final rule amendments are expected to
Further, EPA does not believe that an having to address leaking equipment change the burden slightly. The
out-of-compliance period should and does not agree with the exemption for individual emission
suddenly become a ‘‘maintenance commenter’s concern about this streams that are routed to 40 CFR part
period.’’ EPA does not see the dilemma adjustment ‘‘significantly’’ broadening 63, subpart EEE, hazardous waste
the commenters believe themselves the impact of the final rule. combustors is expected to decrease the
subject to. If a planned maintenance reporting and recordkeeping burden for
period does not occur, EPA sees no IV. Impacts of the Final Rule some sources. The routine maintenance
harm or liability for having reported it. The changes incorporated as a result allowance is expected to increase the
EPA recognizes that planned of the final rule amendments do not reporting and recordkeeping burden for
maintenance activities may, on change any of the impacts presented in all sources. Overall, the total annual
occasion, not occur as scheduled. In the preamble to the final rule which was reporting and recordkeeping burden is
cases where an owner/operator had published at 68 FR 19076 (April 17, expected to be 733 hours (1 percent)
included planned maintenance in a 2003). lower than for the final rule. No
periodic report but the maintenance did comments were received on the revised
not occur, EPA would expect that the V. Statutory and Executive Order (EO) ICR or burden estimates.
owner/operator would merely explain Reviews Burden means the total time, effort, or
the situation in the next periodic report. A. EO 12866: Regulatory Planning and financial resources expended by persons
EPA understands that occasionally Review to generate, maintain, retain, or disclose
additional unplanned maintenance or provide information to or for a
needs are discovered in the course of a Under EO 12866 (58 FR 51735; Federal agency. This includes the time
planned maintenance and believes that October 4, 1993), EPA must determine needed to review instructions; develop,
the regulations are sufficiently flexible whether the regulatory action is acquire, install, and utilize technology
to accommodate such circumstances. ‘‘significant’’ and, therefore, subject to and systems for the purposes of
EPA believes that 240 hours is sufficient review by the Office of Management and collecting, validating, and verifying
time to effect maintenance on HCl Budget (OMB) and the requirements of information, processing and
storage tank control devices. However, the EO. The EO defines a ‘‘significant maintaining information, and disclosing
should planned maintenance on such regulatory action’’ as one that is likely and providing information; adjust the
devices require 240 or greater hours per to result in a rule that may: existing ways to comply with any
year, the owner/operator would be (1) Have an annual effect on the previously applicable instructions and
required to drain the HCl storage tank or economy of $100 million or more or requirements; train personnel to be able
comply with the emission limits adversely affect in a material way the to respond to a collection of
without the control device in-place. economy, a sector of the economy, information; search data sources;
productivity, competition, jobs, the complete and review the collection of
G. Work Practice Standards environment, public health or safety, or information; and transmit or otherwise
Comment: One commenter expressed State, local, or tribal governments or disclose the information.
concern about changes made to item 4 communities; An Agency may not conduct or
in table 1 to subpart NNNNN where the (2) Create a serious inconsistency or sponsor, and a person is not required to
term ‘‘and new’’ sources was added to otherwise interfere with an action taken respond to a collection of information
the existing language. The commenter or planned by another agency; unless it displays a currently valid OMB
believes that this change was not (3) Materially alter the budgetary control number. The OMB control
discussed in the preamble to the impact of entitlement, grants, user fees, numbers for EPA’s regulations are listed
proposed amendments and that this or loan programs or the rights and in 40 CFR part 9 and 40 CFR chapter 15.
addition significantly broadens the obligations of recipients thereof; or
impact of the rule and should be (4) Raise novel legal or policy issues C. Regulatory Flexibility Act
justified. arising out of legal mandates, the EPA has determined that it is not
Response: Item 4 in table 1 to subpart President’s priorities, or the principles necessary to prepare a regulatory
NNNNN only addressed leaking set forth in the EO. flexibility analysis in connection with
equipment at existing sources. EPA It has been determined that today’s today’s action.
acknowledges that it was an oversight in action is not a ‘‘significant regulatory For purposes of assessing the impacts
the regulatory language in the final rule action’’ under the terms of EO 12866 of today’s amendments on small
to omit leaking equipment at new and is, therefore, not subject to OMB entities, small entity is defined as (1) a
sources and, so as a technical review. small business as defined by the Small
correction, added ‘‘and new’’ to the Business Administration’s regulations at
language of item 4 in the proposed B. Paperwork Reduction Act 13 CFR 121.202; (2) a small
amendments. The text of the final rule OMB has approved the information governmental jurisdiction that is a
preamble related to the emission collection requirements in the 2003 government of a city, county, town,
limitations and work practice standards NESHAP for HCl production under the school district, or special district with a
(68 FR 19079) provides discussion for requirements of the Paperwork population of less than 50,000; and (3)
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process vents, storage tanks, and Reduction Act, 44 U.S.C. 3501 et seq., a small organization that is any not-for-
transfer operations at both new and and has assigned OMB control number profit enterprise which is independently
existing sources. However, for leaking 2060–0529. At proposal, EPA prepared owned and operated and is not
equipment, the text only states ‘‘[f]or a revision to the currently approved dominant in its field. The small
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17744 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations
business size standard for the affected State, local, or Tribal governments. EPA determined to be ‘‘economically
industries (NAICS 325181, Alkalies and has determined that the final significant’’ as defined under EO 12866,
Chlorine Manufacturing; and NAICS amendments do not contain a Federal and (2) concerns an environmental
325188, All Other Basic Inorganic mandate that may result in expenditures health or safety risk that EPA has reason
Chemical Manufacturing) is a maximum of $100 million or more for State, local, to believe may have a disproportionate
of 1,000 employees for an entity. and Tribal governments, in the effect on children. If the regulatory
After considering the economic aggregate, or the private sector in any 1 action meets both criteria, EPA must
impacts of today’s final rule year. Thus, today’s final amendments evaluate the environmental health or
amendments on small entities, EPA has are not subject to the requirements of safety effects of the planned rule on
concluded that today’s action will not UMRA sections 202 and 205. children, and explain why the planned
have a significant economic impact on regulation is preferable to other
a substantial number of small entities. E. EO 13132: Federalism
potentially effective and reasonably
The final rule amendments will not Executive Order 13132 (64 FR 43255; feasible alternatives considered by the
impose any requirements on small August 10, 1999) requires EPA to Agency. EPA interprets EO 13045 as
entities. develop an accountable process to applying only to regulatory actions that
ensure ‘‘meaningful and timely input by are based on health or safety risks, such
D. Unfunded Mandates Reform Act State and local officials in the that the analysis required under section
Title II of the Unfunded Mandates development of regulatory policies that 5–501 of the EO has the potential to
Reform Act of 1995 (UMRA), Public have federalism implications.’’ ‘‘Policies influence the regulation. The final rule
Law 104–4, establishes requirements for that have federalism implications’’ is amendments are not subject to EO
Federal agencies to assess the effects of defined in the EO to include regulations 13045 because they are based on
their regulatory actions on State, local, that have ‘‘substantial direct effects on technology performance and not on
and Tribal governments and the private the States, on the relationship between health or safety risks.
sector. Under UMRA section 202, EPA the national government and the States,
generally must prepare a written or on the distribution of power and H. EO 13211: Actions That Significantly
statement, including a cost-benefit responsibilities among the various Affect Energy Supply, Distribution, or
analysis, for proposed and final rules levels of government.’’ Use
with ‘‘Federal mandates’’ that may The final rule amendments do not Today’s action is not subject to EO
result in expenditures by State, local, have federalism implications. They will 13211, ‘‘Actions Concerning Regulations
and Tribal governments, in the not have substantial direct effects on the That Significantly Affect Energy Supply,
aggregate, or by the private sector, of States, on the relationship between the Distribution, or Use’’ (66 FR 28355; May
$100 million or more in any 1 year. national government and the States, or 22, 2001) because it is not a significant
Before promulgating an EPA rule for on the distribution of power and regulatory action under EO 12866.
which a written statement is needed, responsibilities among the various
UMRA section 205 generally requires I. National Technology Transfer and
levels of government, as specified in EO
EPA to identify and consider a Advancement Act
13132. None of the affected facilities are
reasonable number of regulatory owned or operated by State As stated in the proposed rule, section
alternatives and adopt the least costly, governments. Thus, EO 13132 does not 12(d) of the National Technology
most cost-effective, or least burdensome apply to the final amendments. Transfer and Advancement Act
alternative that achieves the objectives (NTTAA) of 1995 (Pub. L. 104–113; 15
of the rule. The provisions of UMRA F. EO 13175: Consultation and U.S.C 272 note), directs EPA to use
section 205 do not apply when they are Coordination With Indian Tribal voluntary consensus standards in their
inconsistent with applicable law. Governments regulatory and procurement activities
Moreover, UMRA section 205 allows Executive Order 13175 (65 FR 67249; unless to do so would be inconsistent
EPA to adopt an alternative other than November 6, 2000) requires EPA to with applicable law or otherwise
the least-costly, most cost-effective, or develop an accountable process to impracticable. Voluntary consensus
least burdensome alternative if the ensure ‘‘meaningful and timely input by standards are technical standards (such
Administrator publishes with the final Tribal officials in the development of as material specifications, test methods,
rule an explanation why that alternative regulatory policies that have Tribal sampling procedures, or business
was not adopted. Before EPA establishes implications.’’ The final rule practices) developed or adopted by one
any regulatory requirements that may amendments do not have Tribal or more voluntary consensus bodies.
significantly or uniquely affect small implications, as specified in EO 13175. The NTTAA directs EPA to provide
governments, including Tribal They will not have substantial direct Congress, through OMB, explanations
governments, it must have developed effects on Tribal governments, on the when the Agency decides not to use
under UMRA section 203 a small relationship between the Federal available and applicable voluntary
government agency plan. The plan must government and Indian tribes, or on the consensus standards. The final rule
provide for notifying potentially distribution of power and amendments do not involve changes to
affected small governments, enabling responsibilities between the Federal the technical standards in the final rule.
officials of affected small governments government and Indian tribes. No Tribal Therefore, EPA is not considering the
to have meaningful and timely input in governments own facilities subject to use of any voluntary consensus
the development of EPA regulatory the HCl Production NESHAP. Thus, EO standards in the final amendments.
proposals with significant Federal 13175 does not apply to the final
intergovernmental mandates, and J. Congressional Review Act
amendments.
informing, educating, and advising The Congressional Review Act (CRA),
G. EO 13045: Protection of Children 5 U.S.C. 801 et seq., as added by the
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small governments on compliance with
the regulatory requirements. From Environmental Health and Safety Small Business Regulatory Enforcement
Today’s final amendments contain no Risks Fairness Act of 1996, generally provides
Federal mandates (under the regulatory EO 13045 (62 FR 19885; April 23, that before a rule my take effect, the
provisions of title II of the UMRA) for 1997) applies to any rule that: (1) Is agency promulgating the rule must
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17745
submit a rule report, which includes a Vents, Storage Vessels, Transfer your title V operating permit renewal or
copy of the rule, to each House of the Operations, and Wastewater. within 5 years of issuance of your title
Congress and to the comptroller General * * * * * V permit. For emission points meeting
of the United States. EPA will submit a I 3. Section 63.8990 is amended by
the outlet concentration limits in table
report containing the final rule revising paragraph (b)(4) to read as 1 to this subpart without the use of a
amendments and other required follows: control device, all applicable
information to the U.S. Senate, the U.S. performance tests must also be
House of Representatives, and the § 63.8990 What parts of my plant does this conducted whenever process changes
Comptroller General of the United subpart cover? are made that could reasonably be
States prior to publication of the final * * * * * expected to increase the outlet
rule amendments in the Federal (b) * * * concentration. Examples of process
Register. A major rule cannot take effect (4) Each emission stream resulting changes include, but are not limited to,
until 60 days after it is published in the from leaks from equipment in HCl changes in production capacity,
Federal Register. The final rule service. production rate, feedstock type, or
amendments are not a ‘‘major rule’’ as * * * * * catalyst type, or whenever there is
defined by 5 U.S.C. 804(2). The final I 4. Section 63.9000 is amended by:
replacement, removal, or addition of
rule amendments will be effective April I a. Revising paragraph (a);
recovery equipment. For purposes of
7, 2006. I b. Revising the introductory text of
this paragraph, process changes do not
paragraph (c); include: process upsets and
List of Subjects in 40 CFR Part 63
I c. Adding paragraph (c)(4); and unintentional, temporary process
Environmental protection, I d. Adding paragraph (d). changes.
Administrative practice and procedure, * * * * *
Air pollution control, Hazardous § 63.9000 What emission limitations and
I 6. Section 63.9025 is amended by
substances, Intergovernmental relations, work practice standards must I meet?
revising the introductory text of
Recordkeeping and reporting (a) With the exceptions noted in paragraph (a) to read as follows:
requirements. paragraphs (c) and (d) of this section,
Dated: March 31, 2006. you must meet the applicable emission § 63.9025 What are my monitoring
limit and work practice standard in installation, operation, and maintenance
Stephen L. Johnson, requirements?
table 1 to this subpart for each emission
Administrator.
stream listed under § 63.8990(b)(1) (a) For each operating parameter that
I For the reasons set forth in the through (4) that is part of your affected you are required by § 63.9020(e) to
preamble, title 40, chapter I, part 63 of source. monitor, you must install, operate, and
the Code of Federal Regulations is * * * * * maintain each CMS according to the
amended as follows: (c) The emission streams listed in requirements in paragraphs (a)(1)
paragraphs (c)(1) through (4) of this through (6) of this section.
PART 63—[AMENDED] section are exempt from the emission * * * * *
I 1. The authority citation for part 63 limitations, work practice standards, I 7. Section 63.9045 is amended by:
continues to read as follows: and all other requirements of this I a. Removing and reserving paragraph
subpart. (e); and
Authority: 42 U.S.C. 7401 et seq.
* * * * * I b. Revising paragraph (f).
Subpart NNNNN—[Amended] (4) Emission streams from HCl
process vents, HCl storage tanks, and § 63.9045 What notifications must I submit
and when?
I 2. Section 63.8985 is amended by HCl transfer operations that are also
subject to 40 CFR part 63, subpart EEE, * * * * *
revising paragraphs (b)(4) and (c) to read (e) [Reserved]
as follows: National Emission Standards for
Hazardous Air Pollutants for Hazardous (f) You must submit the Notification
§ 63.8985 Am I subject to this subpart? Waste Combustors, or 40 CFR 266.107, of Compliance Status, including the
* * * * * subpart H, Burning of Hazardous Waste performance test results, within 240
in Boilers and Industrial Furnaces. calendar days after the applicable
(b) * * * compliance dates specified in § 63.8995.
(d) The emission limits for HCl
(4) 40 CFR part 63, section 63.994,
storage tanks in table 1 to this subpart * * * * *
subpart SS, National Emission
do not apply during periods of planned I 8. Section 63.9050 is amended by:
Standards for Closed Vent Systems,
routine maintenance of HCl storage tank I a. Revising paragraphs (b)(1) and (2);
Control Devices, Recovery Devices and
control devices. Periods of planned I b. Revising the introductory text of
Routing to a Fuel Gas System or a
routine maintenance of each HCl storage paragraph (c); and
Process.
tank control device, during which the I c. Adding paragraphs (c)(8) through
* * * * * control device does not meet the (c)(10).
(c) An HCl production facility is not emission limits specified in table 1 to
subject to this subpart if it is located this subpart, shall not exceed 240 hours § 63.9050 What reports must I submit and
following the incineration of per year. when?
chlorinated waste gas streams, waste I 5. Section 63.9015 is amended by * * * * *
liquids, or solid wastes, and the revising paragraph (a) to read as follows: (b) * * *
emissions from the HCl production (1) The first compliance report must
facility are subject to section 63.113(c), cover the period beginning on the
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§ 63.9015 When must I conduct
subpart G, National Emission Standards subsequent performance tests? compliance date that is specified for
for Organic Hazardous Air Pollutants (a) You must conduct all applicable your affected source in § 63.8995 and
from the Synthetic Organic Chemical performance tests according to the ending on June 30 or December 31,
Manufacturing Industry for Process procedures in § 63.9020 on the earlier of whichever date is the first date
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17746 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations
following the end of the first calendar (10) The information specified in limits in table 1 to this subpart, as
half after the compliance date that is paragraphs (c)(10)(i) and (ii) of this applicable, due to planned routine
specified for your source in § 63.8995 section for those planned routine maintenance. Such a record shall
(i.e., June 30, 2006, for sources existing maintenance operations that caused or include the information specified in
on April 17, 2006). may cause an HCl storage tank control paragraphs (b)(6)(i) and (ii) of this
(2) The first compliance report must device not to meet the emission limits section.
be postmarked or delivered no later than in table 1 to this subpart, as applicable. (i) The first time of day and date the
July 31 or January 31, whichever date (i) A description of the planned emission limits in table 1 to this
follows the end of the first calendar half routine maintenance that was performed subpart, as applicable, were not met at
after the compliance date that is for each HCl storage tank control device the beginning of the planned routine
specified for your affected source in during the reporting period. This maintenance, and
§ 63.8995 (i.e., July 31, 2006, for sources description shall include the type of (ii) The first time of day and date the
existing on April 17, 2006). maintenance performed and the total emission limits in table 1 to this
* * * * * number of hours during the reporting subpart, as applicable, were met at the
period that the HCl storage tank control conclusion of the planned routine
(c) The compliance report must
device did not meet the emission limits maintenance.
contain the following information in
in table 1 to this subpart, as applicable,
paragraphs (c)(1) through (10) of this I 10. Section 63.9075 is amended by
due to planned routine maintenance.
section. revising the definitions of ‘‘Equipment
(ii) A description of the planned
* * * * * in HCl service’’ and ‘‘HCl production
routine maintenance that is anticipated
(8) If you did not make revisions to facility’’ to read as follows:
to be performed for each HCl storage
your site-specific monitoring plan and/ tank control device during the next § 63.9075 What definitions apply to this
or LDAR plan during the reporting reporting period. This description shall subpart?
period, a statement that you did not include the type of maintenance * * * * *
make any revisions to your site-specific necessary, planned frequency of Equipment in HCl service means each
monitoring plan and/or LDAR plan maintenance, and lengths of pump, compressor, agitator, pressure
during the reporting period. If you made maintenance periods. relief device, sampling connection
revisions to your site-specific * * * * * system, open-ended valve or line, valve,
monitoring plan and/or LDAR plan connector, and instrumentation system
I 9. Section 63.9055 is amended by
during the reporting period, a copy of in an HCl production facility that
adding paragraph (b)(6) to read as
the revised plan. contains 30 weight percent or greater of
follows:
(9) If you meet the outlet liquid HCl or 5 weight percent or greater
concentration limit in table 1 to this § 63.9055 What records must I keep? of gaseous HCl at any time.
subpart without the use of a control * * * * *
device for any emission point, * * * * *
(b) * * *
verification that you have not made any (6) Records of the planned routine HCl production facility is defined in
process changes that could reasonably maintenance performed on each HCl § 63.8985(a)(1).
be expected to increase the outlet storage tank control device including * * * * *
concentration since your most recent the duration of each time the control I 11. Table 1 in subpart NNNNN is
performance test for that emission point. device does not meet the emission revised to read as follows:
TABLE 1 TO SUBPART NNNNN OF PART 63.—EMISSION LIMITS AND WORK PRACTICE STANDARDS
[As stated in § 63.9000(a), you must comply with the following emission limits and work practice standards for each emission stream that is part
of an affected source]
For each . . . You must meet the following emission limit and work practice standard
1. Emission stream from an HCl process vent at an existing source ...... a. Reduce HCl emissions by 99 percent or greater or achieve an outlet
concentration of 20 ppm by volume or less; and
b. Reduce Cl2 emissions by 99 percent or greater or achieve an outlet
concentration of 100 ppm by volume or less.
2. Emission stream from an HCl storge tank at an existing source ......... Reduce HCl emissions by 99 percent or greater or achieve an outlet
concentration of 120 ppm by volume or less.
3. Emission stream from an HCl transfer operation at an existing Reduce HCl emissions by 99 percent or greater or achieve an outlet
source. concentration of 120 ppm by volume or less.
4. Emission stream from leaking equipment in HCl service at existing a. Prepare and operate at all times according to an equipment LDAR
and new sources. plan that describes in detail the measures that will be put in place to
detect leaks and repair them in a timely fashion; and
b. Submit the plan to the Administrator for comment only with your No-
tification of Compliance Status; and
c. You may incorporate by reference in such plan existing manuals
that describe the measures in place to control leaking equipment
emissions required as part of other federally enforceable require-
ments, provided that all manuals that are incorporated by reference
are submitted to the Administrator.
5. Emission stream from an HCl process vent at a new source .............. a. Reduce HCl emissions by 99.4 percent or greater or achieve an out-
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let concentration of 12 ppm by volume or less; and
b. Reduce Cl2 emissions by 99.8 percent or greater or achieve an out-
let concentration of 20 ppm by volume or less.
6. Emission stream from an HCl storage tank at a new source .............. Reduce HCl emissions by 99.9 percent or greater or achieve an outlet
concentration of 12 ppm by volume or less.
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17747
TABLE 1 TO SUBPART NNNNN OF PART 63.—EMISSION LIMITS AND WORK PRACTICE STANDARDS—Continued
[As stated in § 63.9000(a), you must comply with the following emission limits and work practice standards for each emission stream that is part
of an affected source]
For each . . . You must meet the following emission limit and work practice standard
7. Emission stream from an HCl transfer operation at a new source ...... Reduce HCl emissions by 99 percent or greater or achieve an outlet
concentration of 120 ppm by volume or less.
I 12. Table 3 in subpart NNNNN is
revised to read as follows:
TABLE 3 TO SUBPART NNNNN OF PART 63.—PERFORMANCE TEST REQUIREMENTS FOR HCL PRODUCTION AFFECTED
SOURCES
[As stated in § 63.9020, you must comply with the following requirements for performance tests for HCl production for each affected source]
For each HCl process vent and each HCl storage tank
and HCl transfer operation for which you are conducting Using . . . Additional Information . . .
a performance test, you must . . .
1. Select sampling port location(s) and the number of a. Method 1 or 1A in ap- i. If complying with a percent reduction emission limita-
traverse points. pendix A to 40 CFR part tion, sampling sites must located at the inlet and out-
60 of this chapter. let of the control device prior to any releases to the
atmosphere (or, if a series of control devices are
used, at the inlet of the first control device and at the
outlet of the final control device prior to any releases
to the atmosphere); or
ii. If complying with an outlet concentration emission
limitation, the sampling site must be located at the
outlet of the final control device and prior to any re-
leases to the atmosphere or, if no control device is
used, prior to any releases to the atmosphere.
2. Determine velocity and volumetric flow rate ................ Method 2, 2A, 2C, 2D, 2F,
or 2G in appendix A to
40 CFR part 60 of this
chapter.
3. Determine gas molecular weight .................................. a. Not applicable ................ i. Assume a molecular weight of 29 (after moisture cor-
rection) for calculation purposes.
4. Measure moisture content of the stack gas ................. Method 4 in appendix A to
40 CFR part 60 of this
chapter.
5. Measure HCl concentration and Cl2 concentration a. Method 26A in appendix i. An owner or operator may be exempted from meas-
from HCl process vents. A to 40 CFR part 60 of uring the Cl2 concentration from an HCl process vent
this chapter. provided that a demonstration that Cl2 is not likely to
be present in the stream is submitted as part of the
site-specific test plan required by § 63.9020(a)(2).
This demonstration may be based on process knowl-
edge, engineering judgment, or previous test results.
6. Establish operating limits with which you will dem-
onstrate continuous compliance with the emission lim-
its in Table 1 to this subpart, in accordance with
§ 63.9020(e)(1) or (2).
I 13. Table 5 in subpart NNNNN is
revised to read as follows:
TABLE 5 TO SUBPART NNNNN OF PART 63.—CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS AND WORK
PRACTICE STANDARDS
[As stated in § 63.9040, you must comply with the following requirements to demonstrate continuous compliance with the applicable emission
limitations for each affected source and each work practice standard]
For the following emission
For each . . . limitation and work practice You must demonstrate continuous compliance by . . .
standard . . .
1. Affected source using a caustic scrubber or water a. In Tables 1 and 2 to this i. Collecting the scrubber inlet liquid or recirculating liq-
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scrubber/adsorber. subpart. uid flow rate, as appropriate, and effluent pH moni-
toring data according to § 63.9025, consistent with
your monitoring plan; and
ii. Reducing the data to 1-hour and daily block aver-
ages according to the requirements in § 63.9025; and
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17748 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations
TABLE 5 TO SUBPART NNNNN OF PART 63.—CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS AND WORK
PRACTICE STANDARDS—Continued
[As stated in § 63.9040, you must comply with the following requirements to demonstrate continuous compliance with the applicable emission
limitations for each affected source and each work practice standard]
For the following emission
For each . . . limitation and work practice You must demonstrate continuous compliance by . . .
standard . . .
iii. Maintaining the daily average scrubber inlet liquid or
recirculating liquid flow rate, as appropriate, above
the operating limit; and
iv. Maintaining the daily average scrubber effluent pH
within the operating limits.
2. Affected source using any other control device ........... a. In Tables 1 and 2 to this i. Conducting monitoring according to your monitoring
subpart. plan established under § 63.8(f) in accordance with
§ 63.9025(c); and
ii. Collecting the parameter data according to your mon-
itoring plan established under § 63.8(f); and
iii. Reducing the data to 1-hour and daily block aver-
ages according to the requirements in § 63.9025; and
iv. Maintaining the daily average parameter values with-
in the operating limits established according to your
monitoring plan established under § 63.8(f).
3. Affected source using no control device ...................... a. In Tables 1 and 2 to this i. Verifying that you have not made any process
subpart.. changes that could reasonably be expected to
change the outlet concentration since your most re-
cent performance test for an emission point.
4. Leaking equipment affected source ............................. a. In Table 1 to this subpart i. Verifying that you continue to use a LDAR plan; and
ii. Reporting any instances where you deviated from the
plan and the corrective actions taken.
I 14. Table 7 in subpart NNNNN is
revised to read as follows:
TABLE 7 TO SUBPART NNNNN OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART NNNNN
[As stated in § 63.9065, you must comply with the applicable General Provisions requirements according to the following]
Applies to
Citation Requirement subpart Explanation
NNNNN
§ 63.1 ......................... Initial applicability determination; applicability after Yes.
standard established; permit requirements; ex-
tensions; notifications.
§ 63.2 ......................... Definitions ................................................................ Yes ............... Additional definitions are found in § 63.9075.
§ 63.3 ......................... Units and abbreviations .......................................... Yes.
§ 63.4 ......................... Prohibited activities; compliance date; circumven- Yes.
tion, severability.
§ 63.5 ......................... Construction/reconstruction applicability; applica- Yes.
tions; approvals.
§ 63.6(a) ..................... Compliance with standards and maintenance re- Yes.
quirements-applicability.
§ 63.6(b)(1)–(4) .......... Compliance dates for new or reconstructed Yes ............... § 63.8995 specifies compliance dates.
sources.
§ 63.6(b)(5) ................ Notification if commenced construction or recon- Yes.
struction after proposal.
§ 63.6(b)(6) ................ [Reserved] ............................................................... Yes.
§ 63.6(b)(7) ................ Compliance dates for new or reconstructed area Yes ............... § 63.8995 specifies compliance dates.
sources that become major.
§ 63.6(c)(1)–(2) .......... Compliance dates for existing sources ................... Yes ............... § 63.8995 specifies compliance dates.
§ 63.6(c)(3)–(4) .......... [Reserved] ............................................................... Yes.
§ 63.6(c)(5) ................. Compliance dates for existing area sources that Yes ............... § 63.8995 specifies compliance dates.
become major.
§ 63.6(d) ..................... [Reserved] ............................................................... Yes.
§ 63.6(e)(1)–(2) .......... Operation and maintenance requirements ............. Yes.
§ 63.6(e)(3) ................ SSM plans ............................................................... Yes.
§ 63.6(f)(1) ................. Compliance except during SSM ............................. Yes.
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§ 63.6(f)(2)–(3) ........... Methods for determining compliance ...................... Yes.
§ 63.6(g) ..................... Use of an alternative non-opacity emission stand- Yes.
ard.
§ 63.6(h) ..................... Compliance with opacity/visible emission stand- No ................ Subpart NNNNN does not specify opacity or visi-
ards. ble emission standards.
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17749
TABLE 7 TO SUBPART NNNNN OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART NNNNN—
Continued
[As stated in § 63.9065, you must comply with the applicable General Provisions requirements according to the following]
Applies to
Citation Requirement subpart Explanation
NNNNN
§ 63.6(i) ...................... Extension of compliance with emission standards Yes.
§ 63.6(j) ...................... Presidential compliance exemption ........................ Yes.
§ 63.7(a)(1)–(2) .......... Performance test dates ........................................... Yes ............... Except for existing affected sources as specified in
§ 63.9010(b).
§ 63.7(a)(3) ................ Administrator’s Clean Air Act section 114 authority Yes.
to require a performance test.
§ 63.7(b) ..................... Notification of performance test and rescheduling Yes.
§ 63.7(c) ..................... Quality assurance program and site-specific test Yes.
plans.
§ 63.7(d) ..................... Performance testing facilities .................................. Yes.
§ 63.7(e)(1) ................ Conditions for conducting performance tests ......... Yes.
§ 63.7(f) ...................... Use of an alternative test method ........................... Yes.
§ 63.7(g) ..................... Performance test data analysis, recordkeeping, Yes.
and reporting.
§ 63.7(h) ..................... Waiver of performance tests ................................... Yes.
§ 63.8(a)(1)–(3) .......... Applicability of monitoring requirements ................. Yes ............... Additional monitoring requirements are found in
§ 63.9005(d) and 63.9035.
63.8(a)(4) ................... Monitoring with flares .............................................. No ................ Subpart NNNNN does not refer directly or indi-
rectly to § 63.11.
§ 63.8(b) ..................... Conduct of monitoring and procedures when there Yes.
are multiple effluents and multiple monitoring
systems.
§ 63.8(c)(1)–(3) .......... Continuous monitoring system O&M ...................... Yes ............... Applies as modified by § 63.9005(d).
§ 63.8(c)(4) ................. Continuous monitoring system requirements dur- Yes ............... Applies as modified by § 63.9005(d).
ing breakdown, out-of-control, repair, mainte-
nance, and high-level calibration drifts.
§ 63.8(c)(5) ................. Continuous opacity monitoring system (COMS) No ................ Subpart NNNNN does not have opacity or visible
minimum procedures. emission standards.
§ 63.8(c)(6) ................. Zero and high level calibration checks ................... Yes ............... Applies as modified by § 63.9005(d).
§ 63.8(c)(7)–(8) .......... Out-of-control periods, including reporting .............. Yes.
§ 63.8(d)–(e) .............. Quality control program and CMS performance No ................ Applies as modified by § 63.9005(d).
evaluation.
§ 63.8(f)(1)–(5) ........... Use of an alternative monitoring method ................ Yes.
§ 63.8(f)(6) ................. Alternative to relative accuracy test ........................ No ................ Only applies to sources that use continuous emis-
sions monitoring systems (CEMS).
§ 63.8(g) ..................... Data reduction ......................................................... Yes ............... Applies as modified by § 63.9005(d).
§ 63.9(a) ..................... Notification requirements—applicability .................. Yes.
§ 63.9(b) ..................... Initial notifications .................................................... Yes ............... Except § 63.9045(c) requires new or reconstructed
affected sources to submit the application for
construction or reconstruction required by
§ 63.9(b)(1)(iii) in lieu of the initial notification.
§ 63.9(c) ..................... Request for compliance extension .......................... Yes.
§ 63.9(d) ..................... Notification that a new source is subject to special Yes.
compliance requirements.
§ 63.9(e) ..................... Notification of performance test .............................. Yes.
§ 63.9(f) ...................... Notification of visible emissions/opacity test ........... No ................ Subpart NNNNN does not have opacity or visible
emission standards.
§ 63.9(g)(1) ................ Additional CMS notifications—date of CMS per- Yes.
formance evaluation.
§ 63.9(g)(2) ................ Use of COMS data .................................................. No ................ Subpart NNNNN does not require the use of
COMS.
§ 63.9(g)(3) ................ Alternative to relative accuracy testing ................... No ................ Applies only to sources with CEMS.
§ 63.9(h) ..................... Notification of compliance status ............................ Yes ............... Except the submission date specified in
§ 63.9(h)(2)(ii) is superseded by the date speci-
fied in § 63.9045(f).
§ 63.9(i) ...................... Adjustment of submittal deadlines .......................... Yes.
§ 63.9(j) ...................... Change in previous information .............................. Yes.
§ 63.10(a) ................... Recordkeeping/reporting applicability ..................... Yes.
§ 63.10(b)(1) .............. General recordkeeping requirements ..................... Yes ............... §§ 63.9055 and 63.9060 specify additional record-
keeping requirements.
§ 63.10(b)(2)(i)–(xi) .... Records related to SSM periods and CMS ............ Yes.
§ 63.10(b)(2)(xii) ......... Records when under waiver ................................... Yes.
§ 63.10(b)(2)(xiii) ........ Records when using alternative to relative accu- No ................ Applies only to sources with CEMS.
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racy test.
§ 63.10(b)(2)(xiv) ........ All documentation supporting initial notification and Yes.
notification of compliance status.
§ 63.10(b)(3) .............. Recordkeeping requirements for applicability de- Yes.
terminations.
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17750 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations
TABLE 7 TO SUBPART NNNNN OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART NNNNN—
Continued
[As stated in § 63.9065, you must comply with the applicable General Provisions requirements according to the following]
Applies to
Citation Requirement subpart Explanation
NNNNN
§ 63.10(c) ................... Additional recordkeeping requirements for sources Yes ............... Applies as modified by § 63.9005 (d).
with CMS.
§ 63.10(d)(1) .............. General reporting requirements .............................. Yes ............... § 63.9050 specifies additional reporting require-
ments.
§ 63.10(d)(2) .............. Performance test results ......................................... Yes ............... § 63.9045(f) specifies submission date.
§ 63.10(d)(3) .............. Opacity or visible emissions observations .............. No ................ Subpart NNNNN does not specify opacity or visi-
ble emission standards.
§ 63.10(d)(4) .............. Progress reports for sources with compliance ex- Yes.
tensions.
§ 63.10(d)(5) .............. SSM reports ............................................................ Yes.
§ 63.10(e)(1) .............. Additional CMS reports—general ........................... Yes ............... Applies as modified by § 63.9005(d).
§ 63.10(e)(2)(i) ........... Results of CMS performance evaluations .............. Yes ............... Applies as modified by § 63.9005(d).
§ 63.10(e)(2) .............. Results of COMS performance evaluations ........... No ................ Subpart NNNNN does not require the use of
COMS.
§ 63.10(e)(3) .............. Excess emissions/CMS performance reports ......... Yes.
§ 63.10(e)(4) .............. Continuous opacity monitoring system data reports No ................ Subpart NNNNN does not require the use of
COMS.
§ 63.10(f) .................... Recordkeeping/reporting waiver ............................. Yes.
§ 63.11 ....................... Control device requirements—applicability ............. No ................ Facilities subject to subpart NNNNN do not use
flares as control devices.
§ 63.12 ....................... State authority and delegations .............................. Yes ............... § 63.9070 lists those sections of subparts NNNNN
and A that are not delegated.
§ 63.13 ....................... Addresses ............................................................... Yes.
§ 63.14 ....................... Incorporation by reference ...................................... Yes ............... Subpart NNNNN does not incorporate any mate-
rial by reference.
§ 63.15 ....................... Availability of information/confidentiality ................. Yes.
[FR Doc. 06–3309 Filed 4–6–06; 8:45 am] area listing. This document corrects that section 81.339. Therefore, this
BILLING CODE 6560–50–P error. correction action restores the entries
DATES: Effective Date: April 7, 2006. which were inadvertently removed.
Section 553 of the Administrative
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION Procedure Act, 5 U.S.C. 553(b)(B),
AGENCY Ellen Wentworth, (215) 814–2034, or by provides that, when an agency for good
e-mail at wentworth.ellen@epa.gov. cause finds that notice and public
40 CFR Part 81 SUPPLEMENTARY INFORMATION: procedure are impracticable,
Throughout this document wherever unnecessary or contrary to the public
[PA209–4302; FRL–8055–8] ‘‘we,’’ or ‘‘our’’ are used we mean EPA. interest, the agency may issue a rule
On July 21, 2004 (69 FR 43522), we without providing notice and an
Approval and Promulgation of Air published a final rulemaking opportunity for public comment. We
Quality Implementation Plans; announcing our approval of the have determined that there is good
Pennsylvania; Redesignation of the redesignation of the Hazelwood SO2 cause for making today’s rule final
Hazelwood SO2 Nonattainment and the Nonattainment Area and the without prior proposal and opportunity
Monongahela River Valley Monongahela River Valley for comment because we are merely
Unclassifiable Areas to Attainment and Unclassifiable Area, located in the correcting an incorrect citation in a
Approval of the Maintenance Plan; Allegheny Air Basin in Allegheny previous action. Thus, notice and public
Correction County to attainment of the NAAQS for procedure are unnecessary. We find that
SO2 and approved a combined this constitutes good cause under 5
AGENCY: Environmental Protection maintenance plan for both areas as a U.S.C. 553(b)(B).
Agency (EPA). State Implementation Plan (SIP)
revision. This action pertained to the Statutory and Executive Order Reviews
ACTION: Direct final rule; correction.
redesignation of the Hazelwood and Under Executive Order 12866 (58 FR
SUMMARY: On July 21, 2004 (69 FR Monongahela River Valley areas 51735, October 4, 1993), this action is
43522) EPA published a Federal (V.(B)(1) and V.(B)(2), respectively, of not a ‘‘significant regulatory action’’ and
Register notice redesignating the part 81, section 81.339, to attainment. is therefore not subject to review by the
Hazelwood SO2 Nonattainment Area This action was not intended to affect Office of Management and Budget. For
and the Monongahela River Valley the area within a two-mile radius of the this reason, this action is also not
Unclassifiable Area to attainment of the Bellevue monitor (V.(B)(3), or the subject to Executive Order 13211,
sulfur dioxide (SO2) national ambient remaining portions of the Allegheny ‘‘Actions Concerning Regulations That
wwhite on PROD1PC65 with RULES
air quality standards (NAAQS). In the County Air Basin (V.(B)(4). In the July Significantly Affect Energy Supply,
July 21, 2004 final rulemaking 21, 2004 rulemaking document, these Distribution, or Use’’ (66 FR 28355 (May
document, two areas were inadvertently areas were inadvertently removed in the 22, 2001)). Because the agency has made
omitted from the revised designated Pennsylvania SO2 Table in part 81, a ‘‘good cause’’ finding that this action
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