[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Proposed Rules]
[Pages 71490-71528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23387]



[[Page 71489]]

Vol. 85

Monday,

No. 217

November 9, 2020

Part III





 Environmental Protection Agency





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40 CFR Part 63





 National Emission Standards for Hazardous Air Pollutants: Polyvinyl 
Chloride and Copolymers Production Reconsideration; Proposed Rule

  Federal Register / Vol. 85 , No. 217 / Monday, November 9, 2020 / 
Proposed Rules  

[[Page 71490]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0037; FRL-10015-41-OAR]
RIN 2060-AR73


National Emission Standards for Hazardous Air Pollutants: 
Polyvinyl Chloride and Copolymers Production Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reconsideration of final rule.

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SUMMARY: On April 17, 2012, the U.S. Environmental Protection Agency 
(EPA) promulgated National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Polyvinyl Chloride and Copolymers (PVC) 
Production at major and area sources. Subsequently, the Administrator 
received and granted petitions for reconsideration of the emission 
limits in the 2012 final rules for process vents, process wastewater, 
and stripped resin for major and area sources. In response to the 
petitions and after gathering additional information from PVC 
companies, the EPA is proposing revisions to emission limits in the 
2012 major source rule for process vents and process wastewater. 
Although the EPA is not proposing revisions to emission limits in the 
2012 area source rule, the EPA is proposing other amendments that 
affect both rules, including technical corrections and clarifications 
related to the standards for stripped resin, storage vessels (including 
the use of vapor balancing), equipment leaks, and closed vent systems. 
The EPA is also proposing to clarify text and correct typographical 
errors, grammatical errors, and cross-reference errors in both rules. 
In addition, the EPA is proposing to remove the affirmative defense 
provisions. We estimate that, if finalized, these proposed amendments 
would result in hazardous air pollutants (HAP) emissions reductions of 
34 tons per year (tpy) with an annualized cost of $0.39 million.

DATES: Comments must be received on or before January 8, 2021. Under 
the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before December 9, 2020.
    Public hearing. If anyone contacts us requesting a public hearing 
on or before November 16, 2020, we will hold a virtual public hearing. 
See SUPPLEMENTARY INFORMATION for information on requesting and 
registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0037, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2002-0037 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2002-0037.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2002-0037, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of operation 
are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document. Out of an abundance of caution 
for members of the public and our staff, the EPA Docket Center and 
Reading Room are closed to the public, with limited exceptions, to 
reduce the risk of transmitting COVID-19. Our Docket Center staff will 
continue to provide remote customer service via email, phone, and 
webform. We encourage the public to submit comments via https://www.regulations.gov/ or email, as there may be a delay in processing 
mail and faxes. For further information on EPA Docket Center services 
and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Ms. Jennifer Caparoso, Sector Policies and Programs 
Division (E143-01), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-4063; fax number: (919) 541-0516; 
and email address: caparoso.jennifer@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Participation in virtual public hearing. Please note that the EPA 
is deviating from its typical approach because the President has 
declared a national emergency. Due to the current Centers for Disease 
Control and Prevention (CDC) recommendations, as well as state and 
local orders for social distancing to limit the spread of COVID-19, the 
EPA cannot hold in-person public meetings at this time.
    If requested, the virtual hearing will be held on November 24, 
2020. The hearing will convene at 9:00 a.m. Eastern Time (ET) and will 
conclude at 3:00 p.m. ET. The EPA may close a session 15 minutes after 
the last pre-registered speaker has testified if there are not 
additional speakers. The EPA will announce further details on the 
virtual public hearing website at https://www.epa.gov/stationary-sources-air-pollution/polyvinyl-chloride-and-copolymers-production-national-emission-0.
    The EPA will begin pre-registering speakers for the hearing upon 
publication of this document in the Federal Register. To register to 
speak at the virtual hearing, please use the online registration form 
available at: https://www.epa.gov/stationary-sources-air-pollution/polyvinyl-chloride-and-copolymers-production-national-emission-0 or 
contact Ms. Virginia Hunt at (919) 541-0832 or by email at 
hunt.virginia@epa.gov. The last day to pre-register to speak at the 
hearing will be November 23, 2020. Prior to the hearing, the EPA will 
post a general agenda that will list pre-registered speakers in 
approximate order at https://www.epa.gov/stationary-sources-air-pollution/polyvinyl-chloride-and-copolymers-production-national-emission-0.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearing to run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The 
EPA encourages commenters to provide the EPA with a copy of their oral 
testimony electronically by emailing it to caparoso.jennifer@epa.gov. 
The EPA also recommends submitting the text of your oral testimony as 
written comments to the rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations 
but will

[[Page 71491]]

not respond to the presentations at that time. Written statements and 
supporting information submitted during the comment period will be 
considered with the same weight as oral testimony and supporting 
information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/stationary-sources-air-pollution/polyvinyl-chloride-and-copolymers-production-national-emission-0. While the EPA expects the hearing to go forward as set 
forth above, if requested, please monitor our website or contact Ms. 
Virginia Hunt at 919-541-0832 or hunt.virginia@epa.gov to determine if 
there are any updates. The EPA does not intend to publish a document in 
the Federal Register announcing updates.
    If you require the services of a translator or a special 
accommodation such as audio description, please pre-register for the 
hearing with Virginia Hunt and describe your needs by November 16, 
2020. The EPA may not be able to arrange accommodations without advance 
notice.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2002-0037. All documents in the docket are 
listed in Regulations.gov. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy. Publicly 
available docket materials are available electronically in 
Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0037. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov/, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit electronically any information that you consider 
to be CBI or other information whose disclosure is restricted by 
statue. This type of information should be submitted by mail as 
discussed below.
    The EPA may publish any comment received to its public docket. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov/, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    The EPA is temporarily suspending its Docket Center and Reading 
Room for public visitors, with limited exceptions, to reduce the risk 
of transmitting COVID-19. Our Docket Center staff will continue to 
provide remote customer service via email, phone, and webform. We 
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and 
faxes. Hand deliveries or couriers will be received by scheduled 
appointment only. For further information and updates on EPA Docket 
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/ or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2. Send or deliver information identified as CBI only to the 
following address: OAQPS Document Control Officer (C404-02), OAQPS, 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2002-0037. Note that 
written comments containing CBI and submitted by mail may be delayed 
and no hand deliveries will be accepted.
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

CAA Clean Air Act
CBI Confidential Business Information
CDC Centers for Disease Control and Prevention
CEMS continuous emission monitoring systems
CFR Code of Federal Regulations
EPA Environmental Protection Agency
ET Eastern Time
GACT generally achievable control technology
HAP hazardous air pollutant(s)
HON Hazardous Organic NESHAP
ICR Information Collection Request
LDAR leak detection and repair
MACT maximum achievable control technology
NAICS North American Industry Classification System
NESHAP national emission standards for hazardous air pollutants
NRDC Natural Resources Defense Council
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
ppm parts per million
ppmvd parts per million by volume dry
ppmw parts per million by weight
PRA Paperwork Reduction Act

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PRD pressure relief device
PVC polyvinyl chloride and copolymers
PVCPU PVC production process unit
RDL representative detection level
RFA Regulatory Flexibility Act
SSM startup, shutdown, and malfunction
TEQ toxic equivalency
THC total hydrocarbons
TOHAP total non-vinyl chloride organic HAP
tpy tons per year
UMRA Unfunded Mandates Reform Act
UPL upper prediction limit

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. What is the source of authority for the reconsideration 
action?
    B. Does this action apply to me?
    C. Where can I get a copy of this document and other related 
information?
II. Background
III. Reconsideration Issues, Request for Public Comments, and Other 
Proposed Changes
    A. Process Vents
    B. Process Wastewater
    C. Stripped Resin
    D. Storage Vessels
    E. Affected Source
    F. Equipment Leaks
    G. Closed Vent Systems
    H. Affirmative Defense
I. Other Technical Corrections and Clarifications
IV. Summary of Cost, Environmental, and Economic Impacts
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. What is the source of authority for the reconsideration action?

    The statutory authority for this action is provided by sections 112 
and 307(d)(7)(B) of the Clean Air Act (CAA) (42 U.S.C. 7412 and 
7607(d)(7)(B)).

B. Does this action apply to me?

    Regulated Entities. Categories and entities potentially regulated 
by this action are shown in Table 1 of this preamble.

 Table 1--Industrial Source Categories Affected by This Proposed Action
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               NESHAP and source category                 NAICS \1\ code
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Polyvinyl Chloride and Copolymers Production............          325211
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\1\ North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by this action for the source categories listed. To determine 
whether your facility is affected, you should examine the applicability 
criteria in the appropriate NESHAP. If you have any questions regarding 
the applicability of any aspect of these NESHAP, please contact the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section 
of this preamble.

C. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www.epa.gov/stationary-sources-air-pollution/polyvinyl-chloride-and-copolymers-production-national-emission-0. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version of the proposal at this same website.
    A redline version of the regulatory language that incorporates the 
proposed changes in this action and supporting technical documents are 
available in the docket for this rulemaking.

II. Background

    On July 10, 2002, the EPA promulgated the NESHAP for new and 
existing PVC production facilities located at major sources in 40 CFR 
part 63, subpart J (67 FR 45886). In that rulemaking, the EPA regulated 
vinyl chloride as a surrogate for all HAP emitted from PVC production 
and determined that the existing Vinyl Chloride NESHAP (40 CFR part 61, 
subpart F) reflected the application of maximum achievable control 
technology (MACT), thereby satisfying CAA section 112(d), except for 
equipment leaks at new sources. For equipment leaks, the EPA required 
that new sources comply with 40 CFR part 63, subpart UU.
    In October 2003, Mossville Environmental Action Now and Sierra Club 
argued in the United States Court of Appeals for the District of 
Columbia Circuit (the court) that the EPA had failed to set emission 
standards for all HAP emitted by PVC plants. See Mossville 
Environmental Action Now v. EPA, 370 F.3d at 1232 (D.C. Cir. 2004). The 
EPA argued that it set emission standards for vinyl chloride as a 
surrogate for all HAP emitted from the source category because it was 
the predominant HAP used and emitted at PVC plants; however, the court 
ruled that the EPA did not adequately explain the basis for its 
decision to use vinyl chloride as a surrogate for the HAP other than 
vinyl chloride. The court ``vacated and remanded [the rule in its 
entirety] to the Agency for it to reconsider or properly explain its 
methodology for regulating [HAP] emitted in PVC production other than 
vinyl chloride by use of a surrogate.'' Id. at 370 F.3d at 1243.
    On January 23, 2007 (72 FR 2930), the EPA promulgated the NESHAP 
for new and existing PVC production area sources in 40 CFR part 63, 
subpart DDDDDD, based on generally achievable control technology (GACT) 
under CAA section 112(d)(5), and required area sources to meet the 
requirements in the existing Vinyl Chloride NESHAP (40 CFR part 61, 
subpart F).
    On April 17, 2012 (77 FR 22848), in response to the 2004 court 
remand in Mossville Environmental Action Now, the EPA finalized the 
NESHAP for PVC production at major sources under CAA sections 112(d)(2) 
and (3). In the same rulemaking, the EPA revised the area source 
standards under CAA section 112(d)(6). The April 17, 2012, final major 
and area source rules (herein referred to as the ``2012 final major and 
area source rules'') established emission limits and work practice 
standards for total organic HAP, and also for three specific HAP: Vinyl 
chloride, chlorinated dibenzodioxins and furans (dioxins and furans), 
and hydrogen chloride (HCl).\1\ To determine the

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emissions limits and work practice standards, the EPA gathered 
information on PVC production through public comment, review of 
previously collected information, current literature, data from the 
National Emissions Inventory, meetings and voluntary information 
submissions by industry and the industry trade association. Also, in 
the form of an electronic survey and emission testing of HAP, the EPA 
collected information from PVC production facilities, as well as co-
located ethylene dichloride and vinyl chloride facilities. All Agency 
correspondence related to the data gathering activities is provided in 
the docket for this rulemaking.
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    \1\ The EPA did not set emission limits or work practice 
standards for HCl from PVC area sources. Under CAA sections 
112(c)(6) and 112(k), HCl was not determined to be one of the top 30 
urban air toxics that pose the greatest potential health threat in 
urban areas; thus, regulation as an area source is not warranted. 
For additional details, see https://www3.epa.gov/airtoxics/area/arearules.html.
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    In June 2012, the EPA received four petitions for reconsideration 
on the 2012 final major and area source rules pursuant to CAA section 
307(d)(7)(B) from the following petitioners: One petition from 
environmental groups (i.e., Mossville Environmental Action Now, 
Louisiana Environmental Action Network, Air Alliance Houston, and 
Sierra Club); and three petitions from the regulated industry and their 
representatives (i.e., PolyOne Corporation, Saint-Gobain Corporation 
and CertainTeed Corporation, and Vinyl Institute, Inc.). Copies of the 
petitions are provided in the docket for this rulemaking (see Docket 
Item Nos. EPA-HQ-OAR-2002-0037-0544, EPA-HQ-OAR-2002-0037-0568, EPA-HQ-
OAR-2002-0037-0217, and EPA-HQ-OAR-2002-0037-0569). At the same time, 
the above petitioners, along with OxyVinyls, LP, petitioned the court 
for judicial review of the 2012 final major and area source rules. The 
petitioners primarily requested the EPA reconsider the emission limits 
for process vents, process wastewater, and stripped resin because they 
argued that it was not feasible to comment on the new data on which the 
EPA based the final emission limits. Petitioners also argued that they 
were not afforded the opportunity to comment on the subcategorization 
of process vents and stripped resin. Petitioners requested that the EPA 
reconsider and/or make changes to several other portions of the 2012 
final major and area source rules; including requests that the EPA: (1) 
Set the emission limits using data that represents the entire industry; 
(2) allow vapor balancing as a method to control emissions from storage 
vessels; (3) allow leak detection and repair (LDAR) of pressure 
vessels; (4) revise emission profile requirements; (5) remove the 
requirement to install electronic indicators on each pressure relief 
device (PRD) that would be able to identify and record the time and 
duration of each pressure release; and (6) remove certain aspects of 
the bypass monitoring requirements, and leak monitoring and inspection 
requirements. In addition, one petitioner said the EPA's assumption 
that emission levels vary to the full extent of the 99th percent upper 
prediction limit (UPL) is wrong and unsupported by the record; and the 
EPA's decision to set MACT floors at 3 times the representative 
detection level (RDL) when 3 times the RDL is greater than the UPL is 
unlawful.
    On September 28, 2012, the EPA sent letters to petitioners (see 
Docket Item Nos. EPA-HQ-OAR-2002-0037-0563 through EPA-HQ-OAR-2002-
0037-0566) informing them that: (1) The EPA was granting 
reconsideration on at least petitioners' claims of inadequate 
opportunity to comment on the emission limits for process vents, 
process wastewater, and stripped resin for major and area sources; (2) 
the EPA intended to issue a Federal Register document initiating notice 
and comment rulemaking on the issues for which the Agency granted 
reconsideration; and (3) the EPA was continuing to review the other 
issues in the petitions for reconsideration and intended to take final 
action on all issues no later than the date on which the EPA takes 
final action on the reconsidered issues.
    In 2014, Mexichem Specialty Resins, Inc., Vinyl Institute, Inc., 
Saint-Gobain Corporation and CertainTeed Corporation, and OxyVinyls, LP 
(Industry petitioners) petitioned the court to remove their case from 
abeyance.\2\ The court removed the industry petitioners' cases from 
abeyance and, on May 29, 2015, the court rejected the Industry 
petitioners' arguments and denied their petitions for review. Mexichem 
Specialty Resins, Inc. v. EPA, 787 F.3d 544 (D.C. Cir. 2015). Based on 
this court decision, we consider all of the Industry petitioners' 
reconsideration requests related to the interaction between non-PVC and 
PVC-combined process vent limits and their subcategorization, vent gas 
absorbers, PRDs, and bypasses to be resolved, as those issues were 
addressed by the court.
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    \2\ The petition for judicial review filed on behalf of Air 
Alliance Houston, Louisiana Environmental Action Network, Mossville 
Environmental Action Now, and Sierra Club, was severed from the 
industry case and is in abeyance pending the EPA's action on 
reconsideration.
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    Furthermore, on August 20, 2013, the court issued its decision in 
National Association of Clean Water Agencies v. EPA, which involved 
challenges to the EPA's MACT standards for Sewage Sludge Incineration, 
issued under CAA section 129. See 734 F.3d 1115. In this decision, the 
court remanded certain aspects of the rule for further explanation, 
including the question of how the UPL represents the MACT floor for new 
and existing units, as required by the CAA. The Sewage Sludge 
Incineration rule was issued on the same day as the Boilers and 
Commercial and Industrial Solid Waste Incineration rules, and used the 
same general methodology for calculating the MACT floors. For this 
reason, the EPA requested an opportunity to supplement the record in 
pending challenges to the Boilers and Commercial and Industrial Solid 
Waste Incineration rules, to provide the explanation of the Agency's 
analysis of variability in setting the MACT floor standards that the 
court believed was needed in the record for the Sewage Sludge 
Incineration rule. The court granted the EPA's motion for a remand of 
the record on May 15, 2014. Details of how the UPL is used to calculate 
the average emissions limitation achieved over time by the best 
performing source or sources is documented in the memorandum, Use of 
the Upper Prediction Limit for Calculating MACT Floors, which is 
available in the docket for this rulemaking. We also note that on July 
29, 2016, the court determined our UPL approach is reasonable in U.S. 
Sugar Corp v. EPA, 830 F.3d 579, 639. Based on these details, we 
consider all of the petitioners' requests related to the EPA's 
methodology used to set MACT floors to be resolved.
    We considered all other reconsideration petition requests and 
consolidated and grouped the issues for which we are granting 
reconsideration into distinct topics which are discussed in section III 
of this preamble.

III. Reconsideration Issues, Request for Public Comments, and Other 
Proposed Changes

    To address selected issues raised in the four petitions for 
reconsideration and not resolved by the May 29, 2015, court decision 
(787 F.3d 544) as described above, the EPA is proposing revisions to 
the emission limits in the 2012 major source rule for process vents and 
process wastewater. In addition, the EPA is proposing other amendments 
to the 2012 final major and area source rules, including technical 
corrections and clarifications related to the standards for stripped 
resin, storage vessels (including the use of vapor balancing), 
equipment leaks, and closed vent systems. The EPA is also proposing to 
clarify text and correct typographical errors, grammatical errors, and 
cross-

[[Page 71494]]

reference errors in both rules. In addition, the EPA is proposing to 
remove the affirmative defense provisions. To ensure public 
participation in its final decisions, the EPA is requesting public 
comment on only these specific issues as described below. The EPA will 
not respond to any comments addressing any other provisions of the 2012 
final major and area source rules or any other rules or issues.

A. Process Vents

    Following the 2011 proposal (76 FR 29528), the EPA received 
comments and additional emissions data about process vents, and we used 
this information to revise the process vent MACT floors and impacts for 
the 2012 final major source rule. Details regarding the post-proposal 
data submittals are discussed in the memorandum, Updated Information 
Collection and Additional Data Received for the Polyvinyl Chloride and 
Copolymers (PVC) Production Source Category, which is available in the 
docket for this rulemaking (see Docket Item No. EPA-HQ-OAR-2002-0037-
0197). In the 2012 final major and area source rules, we established 
process vent emission limits for vinyl chloride, dioxins and furans, 
and total hydrocarbons (THC) or total organic HAP. For the 2012 final 
major source rule, we also established process vent emission limits for 
HCl as a surrogate for all acid gas HAP and chlorine gas. For the 2012 
final area source rule, the process vent emission limits are based on 
the baseline level of control (i.e., the control level that area 
sources were meeting for existing and new sources) and the testing and 
monitoring requirements are the same as the 2012 final major source 
rule. To ensure that batch process vent streams are tested at worst-
case conditions, in the 2012 final major and area source rules, we 
required that each batch process vent stream be characterized under 
worst-case conditions by developing an emission profile. Also, in the 
2012 final major and area source rules, we clarified the definitions 
for process vent, continuous process vent, and batch process vent and 
added a definition for miscellaneous vent. Refer to the preamble of the 
2012 final major and area source rules (see section III of the 2012 
final preamble, 77 FR 22850) for additional details about the process 
vent standards.
    Petitioners primarily argue that it was not feasible to comment on 
the new data on which the EPA based the final process vent emission 
limits and subcategories; and as previously mentioned in section II of 
this preamble, on September 28, 2012, the EPA granted reconsideration 
on the process vent emission limits. We request public comments on the 
process vent emission limits and subcategories. However, as discussed 
later in this section of the preamble, we are also proposing to make 
changes to the process vent emission limits and subcategories; 
therefore, we also request public comments on these changes. In 
addition, a petitioner said the EPA did not provide opportunity to 
comment on the new, broader requirements for emission profiles that we 
added to the 2012 final major and area source rules. The petitioner 
also said the EPA did not provide opportunity to comment on the changes 
we made in the 2012 final major and area source rules to the 
definitions of process vent, continuous process vent, and batch process 
vent or the new definition for miscellaneous vent. The EPA is granting 
reconsideration on these other issues. Although we are not making any 
changes to the requirements in the 2012 final major and area source 
rules for emission profiles or to the definitions of process vent, 
continuous process vent, batch process vent, and miscellaneous vent, we 
request public comments on these requirements and definitions for the 
reasons set forth in the 2012 final rules (see sections III.D.1 and V.I 
of the 2012 final preamble, 77 FR 22855 and 22890).
    In response to the petitioner's claims, the EPA issued a CAA 
section 114 Information Collection Request (ICR) on May 15, 2014, to 
PVC production companies to gather data to inform the reconsideration 
and potential revision of the process vent emission limits in the 2012 
final major and area source rules (see Docket Item Nos. EPA-OAR-2002-
0037-0600, EPA-OAR-2002-0037-0601, EPA-OAR-2002-0037-0602, EPA-OAR-
2002-0037-0603, EPA-OAR-2002-0037-0604, EPA-OAR-2002-0037-0605, EPA-
OAR-2002-0037-0622, and EPA-OAR-2002-0037-0623). The data collected are 
discussed in the memorandum, Technical Analysis and Documentation to 
Support EPA's Reconsideration of 40 CFR part 63 Subpart HHHHHHH 
National Emission Standards for the Polyvinyl Chloride and Copolymers 
(PVC) Production Source Category, which is available in the docket for 
this rulemaking. After reviewing all of the additional process vent 
data that we collected since the promulgation of the 2012 final major 
and area source rules, we are proposing changes to those rules.
    First, we are proposing changes to the 2012 final major and area 
source rules related to the two subcategories for process vents (i.e., 
the ``PVC-only process vent'' and ``PVC-combined process vent'' 
subcategories). Although we are not proposing to change our 
justification for establishing these two subcategories for process 
vents (see section III.B of the 2012 final preamble, 77 FR 22850), we 
are proposing to rename the ``PVC-only process vent'' subcategory the 
``PVC process vent'' subcategory and revise the definition at 40 CFR 
63.12005 such that a ``PVC process vent'' means a process vent that 
originates from a PVC production process unit (PVCPU) and is not 
combined with one or more process vents originating from the production 
of vinyl chloride monomer or ethylene dichloride prior to being 
controlled or emitted to the atmosphere. We are also proposing to 
revise the definition of ``PVC-combined process vent'' at 40 CFR 
63.12005 such that a ``PVC-combined process vent'' means a process vent 
that originates from a PVCPU and is combined with one or more process 
vents originating from the production of vinyl chloride monomer or 
ethylene dichloride prior to being controlled or emitted to the 
atmosphere. In other words, instead of a vent which is combined with 
one or more process vents originating from any other source category 
(as is the case in the 2012 final major and area source rules), we are 
narrowing the definition of a ``PVC-combined process vent'' to refer to 
a vent that is combined with one or more process vents originating from 
the production of vinyl chloride monomer or ethylene 
dichloride.3 4 These proposed definition changes more 
accurately reflect the additional process vent data that we collected 
since the promulgation of the 2012 final major and area source rules, 
given that owners and operators of some vinyl chloride monomer or 
ethylene dichloride production units combine their vinyl chloride 
monomer, ethylene dichloride, and PVC process vents into one stream 
prior to control and these combined streams have higher chlorinated 
loads and flow rates than a PVC process vent (as defined in this 
proposal). These proposed definition changes will impact

[[Page 71495]]

the subcategory designations of two PVC facilities if finalized as 
proposed. Both facilities currently are in the ``PVC-combined process 
vent'' subcategory and with the proposed definition changes, the 
facilities would be in the ``PVC process vent'' subcategory. The 
impacts to the emission limits for each of the proposed subcategories 
due to the proposed definition changes are discussed below.
---------------------------------------------------------------------------

    \3\ We are also including a sentence in each of these 
definitions to clarify that vent streams from process components 
associated with the stripped resin downstream of the resin stripper 
(e.g., dryers, centrifuges, filters) are not considered a PVC 
process vent or a PVC-combined process vent because these vent 
streams are subject to the stripped resin standards (see section 
III.C of this preamble).
    \4\ We note that although these proposed changes are being made 
directly in the 2012 final major source rule, these proposed changes 
also result in revisions to the 2012 final area source rule because 
40 CFR 63.11144(b) references 40 CFR 63.12005.
---------------------------------------------------------------------------

    Second, in light of the court's decision in Mexichem Specialty 
Resins, Inc. v. EPA, 787 F.3d 544 (D.C. Cir. 2015), we are clarifying 
at 40 CFR 63.11925(a) that if an applicable process vent stream at a 
PVCPU is comingled with a vent stream from one or more non-PVCPU 
sources (e.g., a vent stream from a vinyl chloride monomer, ethylene 
dichloride production, or other chemical manufacturing process unit 
subject to the Hazardous Organic NESHAP (HON), 40 CFR part 63, subparts 
G, F, and H), and the comingled streams are vented through a shared 
control device, then each emission standard (and subsequent control 
device monitoring, recordkeeping, reporting, and other requirements) 
from both the PVC NESHAP and any other NESHAP to which the comingled 
vent stream is subject applies. In Mexichem Specialty Resins, Inc. v. 
EPA, the court ruled that if ``a PVC manufacturer chooses to discharge 
combined emissions from PVC and non-PVC processes through a single 
vent, that manufacturer must comply with limits applicable to both and, 
where they differ, comply with the more stringent of the two.'' For 
this reason, and to clarify what the rules are intended to regulate, we 
are also proposing to revise 40 CFR 63.11140(c) by removing the last 
sentence and 40 CFR 63.11865 by removing the phrase ``or to chemical 
manufacturing process units, as defined in Sec.  63.101, that produce 
vinyl chloride monomer or other raw materials used in the production of 
polyvinyl chloride and copolymers'' and we are proposing at 40 CFR 
63.12005 to remove the last sentence in the definition of PVCPU. We 
note that although the proposed changes at 40 CFR 63.11925(a) and 40 
CFR 63.12005 are being made directly in the 2012 final major source 
rule, these proposed changes also result in revision to the 2012 final 
area source rule because 40 CFR 63.11142(f)(8) references 40 CFR 
63.11925 and 40 CFR 63.11144 references 40 CFR 63.12005.
    Third, given that we are proposing to revise the definitions of 
``PVC process vent'' and ``PVC-combined process vent'' as discussed 
above (and which are referenced in the area source rule), we are also 
proposing to amend the emission limits for PVC-combined process vents 
in the 2012 final area source rule by eliminating the PVC-combined 
process vent limits in the area source rule and instead require ``PVC-
combined process vents'' at area sources to meet the major source 
process vent emission limits for ``PVC-combined process vents.'' Based 
on the additional process vent data that we collected since the 
promulgation of the 2012 final major and area source rules, we 
determined that any facility producing vinyl chloride monomer and/or 
ethylene dichloride is a major source (as defined in CAA section 
112(a)) subject to the HON. Therefore, taking into consideration our 
proposed definition of ``PVC-combined process vent,'' we do not believe 
that there is any scenario where a PVC production area source can 
combine its process vents with one or more process vents originating 
from the production of vinyl chloride monomer or ethylene dichloride 
and that combined process vent be routed to a control device being used 
to comply with only an area source NESHAP. We estimate that there would 
be no impact on any facility for making this change (i.e., to eliminate 
the emission limits for PVC-combined process vents in the 2012 final 
area source rule and instead require ``PVC-combined process vents'' at 
an area source meet the major source process vent emission limits). We 
are proposing at 40 CFR 63.11141(f) that all affected area sources that 
commenced construction or reconstruction on or before May 20, 2011, 
must be in compliance with this change within 3 years after the date of 
publication of the final rule in the Federal Register. We also are 
proposing at 40 CFR 63.11141(f) that all affected area sources that 
commenced construction or reconstruction after May 20, 2011, must be in 
compliance with this change upon the date of publication of the final 
rule in the Federal Register or initial startup, whichever is later. We 
are not aware of any sources that have commenced construction or 
reconstruction after May 20, 2011, which would be impacted by the 
application of the changes.
    Fourth, we are proposing to revise the process vent emission limits 
in the 2012 final major source rule. As part of the May 15, 2014, CAA 
section 114 ICR, we asked for sampling and analysis of HAP including 
vinyl chloride, HCl, dioxins/furans, and THC from process vents 
operating at maximum mass loading of all HAP compounds under normal 
operation at eight PVC production facilities. Those data were 
incorporated with the previously submitted data used to support the 
2012 final major source rule process vent emission limits. We then 
recalculated the process vent emission limits for vinyl chloride, total 
organic HAP, HCl, dioxins/furans, and THC accounting for the additional 
data received in response to the May 15, 2014, CAA section 114 ICR and 
also accounting for the change in subcategory for two PVC facilities 
based on our proposed revisions to the process vent subcategory 
definitions. To account for variability, we calculated the proposed 
MACT floors for vinyl chloride, total organic HAP, HCl, and dioxins/
furans for existing and new sources using a 99-percent UPL calculation. 
Given the large amount of data obtained, we calculated the proposed 
MACT floors for THC for existing and new sources using a 99-percent 
upper limit calculation. Tables 2 and 3 of this preamble compare the 
2012 final major source rule PVC process vent emission limits and PVC-
combined process vent emission limits, respectively, to the process 
vent emission limits that we are proposing in this action. Also, as 
part of a beyond-the-floor analysis, we analyzed the cost and emissions 
reductions for an existing facility to install a refrigerated condenser 
prior to the existing thermal oxidizer and acid gas scrubber to meet 
the proposed new source standards for process vents; and we determined 
that the overall annual cost would be $7.2 million, and the annual 
emissions reductions would be 105 tons of HAP per year (approximately 
$68,000/ton cost effectiveness). Furthermore, the only beyond-the-floor 
option we identified for new sources is a refrigerated condenser prior 
to the thermal oxidizer and acid gas scrubber. However, similar to the 
analysis for existing sources, installing a refrigerated condenser 
prior to the thermal oxidizer and acid gas scrubber at a new source to 
achieve beyond-the-MACT-floor level of control would also not be cost 
effective (i.e., higher cost with potentially less HAP removal than 
existing sources). We did not identify any other measures or control 
technologies to further reduce emissions from process vents in the PVC 
production industry. Based on this analysis, we are proposing that it 
is not cost effective to go beyond-the-floor for process vents at 
existing or new sources. Our emission limit calculations, beyond-the-
floor analysis, and the methodology we used to calculate costs and 
emission reductions are discussed in the memorandum, Technical Analysis 
and Documentation to Support EPA's Reconsideration of 40 CFR part

[[Page 71496]]

63 Subpart HHHHHHH National Emission Standards for the Polyvinyl 
Chloride and Copolymers (PVC) Production Source Category, which is 
available in the docket for this rulemaking.

   Table 2--Comparison of 2012 Final Major Source Emission Limits and Proposed Emission Limits for PVC Process
                                                      Vents
----------------------------------------------------------------------------------------------------------------
                                                  2012 Final major rule emission   Proposed emission limits for
                                                   limits for pvc process vents          pvc process vents
                    Pollutant                    ---------------------------------------------------------------
                                                     Existing                        Existing
                                                      sources       New sources       sources       New sources
----------------------------------------------------------------------------------------------------------------
Vinyl Chloride \1\..............................             6.0            0.56            0.85            0.85
Total Organic HAP \1\...........................              56             5.5              22             1.3
HCl \1\.........................................              78            0.17            0.64            0.17
Dioxins/Furans \2\..............................           0.038           0.038           0.035           0.035
THC \3\.........................................             9.7             7.0             5.1             2.2
----------------------------------------------------------------------------------------------------------------
\1\ Parts per million by volume dry (ppmvd) @3-percent (%) oxygen (O2).
\2\ Nanograms per dry standard cubic meters (ng/dscm) @3% O2 toxic equivalency (TEQ).
\3\ ppmvd as propane @3% O2.


  Table 3--Comparison of 2012 Final Major Source Emission Limits and Proposed Emission Limits for PVC-Combined
                                                  Process Vents
----------------------------------------------------------------------------------------------------------------
                                                  2012 final major rule emission   Proposed emission limits for
                                                     limits for PVC- combined       PVC-combined process vents
                                                           process vents         -------------------------------
                    Pollutant                    --------------------------------
                                                     Existing                        Existing       New sources
                                                      sources       New sources       sources
----------------------------------------------------------------------------------------------------------------
Vinyl Chloride \1\..............................             1.1            0.56            0.85            0.85
Total Organic HAP \1\...........................             9.8             5.5             9.7             5.9
HCl \1\.........................................             380             1.4             3.9             1.4
Dioxins/Furans \2\..............................           0.051           0.034            0.68           0.051
THC \3\.........................................             4.2             2.3             9.1             2.2
----------------------------------------------------------------------------------------------------------------
\1\ ppmvd @3% O2.
\2\ ng/dscm @3% O2 TEQ.
\3\ ppmvd as propane @3% O2.

    We are proposing the revised major source process vent emission 
limits in new Tables 1b and 2b to 40 CFR part 63, subpart HHHHHHH; and 
we are proposing that all affected major sources that commenced 
construction or reconstruction on or before May 20, 2011, must be in 
compliance with these changes within 3 years after the date of 
publication of the final rule in the Federal Register. We also are 
proposing that all affected major sources that commenced construction 
or reconstruction after May 20, 2011, must be in compliance with these 
changes upon the date of publication of the final rule in the Federal 
Register or initial startup, whichever is later. We are not aware of 
any major sources that have commenced construction or reconstruction 
after May 20, 2011, which would be impacted by the application of the 
changes. See proposed 40 CFR 63.11875(e). Also, at any time before 
these compliance dates, we are proposing at 40 CFR 63.11880(d) that an 
affected major source may choose to comply with the revised emission 
limits in Tables 1b and 2b to 40 CFR part 63, subpart HHHHHHH, in lieu 
of the emission limits in Tables 1 and 2 to 40 CFR part 63, subpart 
HHHHHHH. Also, as previously mentioned in section II of this preamble, 
on September 28, 2012, the EPA granted reconsideration on the emission 
limits. We are not making any changes to the process vent emission 
limits in the area source rule; however, we request public comments on 
these emission limits.
    Finally, we are proposing to revise several paragraphs throughout 
the 2012 final major and area source rules, (including process vent 
related requirements in 40 CFR 63.11925 through 63.11950) to properly 
reference the proposed Tables 1b and 2b to 40 CFR part 63, subpart 
HHHHHHH. For example, for 40 CFR part 63, subpart DDDDDD, although 40 
CFR 63.11925 is referenced in 40 CFR 63.11142(f)(8), we are proposing 
to revise the introduction paragraph at 40 CFR 63.11142(f) to ensure 
that whenever reference is made to Tables 1, 1b, 2, or 2b to 40 CFR 
part 63, subpart HHHHHHH, we mean Table 1 or 2 to 40 CFR part 63, 
subpart DDDDDD, for purposes of compliance with the 2012 area source 
process vent standards. We are also proposing several other editorial 
corrections and clarifications to the process vent requirements in 40 
CFR 63.11925 through 63.11950. These proposed amendments are discussed 
in section III.I of this preamble.
    The EPA is soliciting comment on all of the proposed changes 
discussed in this section of the preamble (i.e., the revised 
subcategories for process vents, the clarifications to 40 CFR 
63.11140(c), 63.11865, 63.11925(a), and 63.12005 addressing comingled 
vent streams, the elimination of the emission limits for PVC-combined 
process vents in the 2012 final area source rule, the revised major 
source process vent emission limits, the compliance dates, and whether 
there are any sources that commenced construction after May 20, 2011). 
Except for the proposed major source process vent emission limits, we 
note (as previously mentioned) that all of the other proposed changes 
discussed in this section of the preamble are also being proposed for 
the 2012 area source rule at 40 CFR 63.11142(f)(8) through (13) and 
63.11144 because 40 CFR 63.11925 through 63.11950 and 63.12005 are 
referenced in those

[[Page 71497]]

requirements. If it is determined that there are sources that have 
commenced construction or reconstruction after May 20, 2011, then we 
will need to add additional requirements.

B. Process Wastewater

    The 2012 final major source rule contains vinyl chloride and total 
non-vinyl chloride organic HAP (TOHAP) emission limits for process 
wastewater. For the 2012 final major source rule, the vinyl chloride 
emission limits were calculated based on one year of sampling data 
provided post-proposal by the industry. The major source TOHAP emission 
limits were based on information and data provided by industry in 
response to the August 21, 2009, CAA section 114 ICR, corrections to 
those data provided by the PVC industry during the public comment 
period, and supplemental wastewater sampling data provided during the 
public comment period by one PVC manufacturer. The August 21, 2009, CAA 
section 114 ICR is documented in the memoranda, Information Collection 
for the Polyvinyl Chloride and Copolymers (PVC) Production Source 
Category and Updated Information Collection and Additional Data 
Received for the Polyvinyl Chloride and Copolymers (PVC) Production 
Source Category, which are available in the docket for this rulemaking 
(see Docket Item Nos. EPA-HQ-OAR-2002-0037-0099 and EPA-HQ-OAR-2002-
0037-0197, respectively). Refer to the preamble of the 2012 final major 
and area source rules (see section III of the 2012 final preamble, 77 
FR 22850) for additional details about the emission limits for process 
wastewater.\5\
---------------------------------------------------------------------------

    \5\ We note that subsequent to the April 17, 2012, rulemaking, 
PVC industry stakeholders notified the EPA that the data used to set 
the new and existing area source TOHAP process wastewater emission 
limits were not based on data from the PVC Production source 
category. The EPA agreed with the PVC industry stakeholders and on 
February 4, 2015, the EPA issued a direct final rule (80 FR 5938, 
February 4, 2015) withdrawing the TOHAP process wastewater emission 
standards in 40 CFR part 63, subpart DDDDDD, for new and existing 
PVC production area sources.
---------------------------------------------------------------------------

    Petitioners primarily argue that it was not feasible to comment on 
the new data on which the EPA based the final process wastewater 
emission limits; and as previously mentioned in section II of this 
preamble, on September 28, 2012, the EPA granted reconsideration on 
this issue. The petitioners argued that the EPA did not base the TOHAP 
emission limits on emission levels actually achieved by the best 
performing sources in the source category. One of the petitioners said 
that the EPA did not provide rationale for why nine out of 18 
facilities (for which it had data) represented the top performing 
sources. Other petitioners argued that the data points do not reflect 
actual samples of PVC facility process wastewater taken during actual 
operations.
    In response to the petitioner's claims, the EPA issued a CAA 
section 114 ICR on November 8, 2012, to PVC production companies to 
gather data to inform the reconsideration and potential revision of the 
process wastewater emission limits in the 2012 final major and area 
source rules. Also, the EPA issued an additional CAA section 114 ICR on 
April 1, 2014, to two companies that were not included in the November 
8, 2012, CAA section 114 request. These two CAA section 114 ICRs are 
available in the docket for this rulemaking (see Docket Item Nos. EPA-
OAR-2002-0037-0543, EPA-OAR-2002-0037-0592, EPA-OAR-2002-0037-0593, and 
EPA-OAR-2002-0037-0594). The data collected are discussed in the 
memorandum, Technical Analysis and Documentation to Support EPA's 
Reconsideration of 40 CFR part 63 Subpart HHHHHHH National Emission 
Standards for the Polyvinyl Chloride and Copolymers (PVC) Production 
Source Category, which is available in the docket for this rulemaking. 
Each owner or operator was required to take one grab sample from each 
PVC process wastewater treatment stream for 30 consecutive days and 
then analyze the samples for specified HAP using the prescribed EPA 
test methods. If a facility had a batch PVC operation that did not 
operate 30 consecutive days, then it was required to collect samples at 
least once for each day while any batch wastewater treatment system was 
operating such that at least 30 samples were analyzed. Data were also 
collected on other wastewater streams (i.e., streams not stripped and 
streams slated for on-site or off-site biological treatment units), 
including average flow rate characteristics, origination, and 
destination information. After reviewing all of the additional process 
wastewater data that we collected since the promulgation of the 2012 
final major and area source rules, we are proposing changes to the 2012 
final major and area source rules.
    First, we are proposing to revise the process wastewater vinyl 
chloride emission limit for major sources. Under the proposed 
amendments, process wastewater streams at existing major sources would 
be required to meet an emission limit of 0.73 parts per million by 
weight (ppmw) for vinyl chloride (in lieu of the 6.8 ppmw vinyl 
chloride process wastewater emission limit in the 2012 major source 
rule for existing affected sources) before being exposed to the 
atmosphere or discharged from the affected source (see proposed Table 
1b to 40 CFR part 63, subpart HHHHHHH). Process wastewater streams at 
new major sources would be required to meet an emission limit of 0.57 
ppmw for vinyl chloride (in lieu of the 0.28 ppmw vinyl chloride 
process wastewater emission limit in the 2012 major source rule for new 
affected sources) before being exposed to the atmosphere or discharged 
from the affected source (see proposed Table 2b to 40 CFR part 63, 
subpart HHHHHHH). Given the large amount of data obtained, we 
calculated these MACT floors (i.e., the proposed 0.73 ppmw and 0.57 
ppmw vinyl chloride emission limits for existing and new major sources, 
respectively) using a 99-percent upper limit calculation. Also, we 
analyzed a beyond-the-floor option for controlling vinyl chloride from 
process wastewater at existing sources, specifically evaluating the 
cost and emissions reductions for an existing facility to meet the 
level of control that we are proposing for new sources, based on 
replacement of their existing wastewater steam stripper. We determined 
that the overall annual cost (including installation and operation) 
would be about $11 million, and the annual emissions reductions would 
be 1.3 tons of HAP per year (approximately $8.6 million/ton cost 
effectiveness). Furthermore, the only beyond-the-floor option we 
identified for new sources is a larger or secondary steam stripper. 
However, similar to the analysis for existing sources, installing a 
larger or secondary steam stripper at a new source to achieve beyond-
the-MACT-floor level of control would also not be cost effective (i.e., 
higher cost with potentially less HAP removal than existing sources). 
We did not identify any other measures or control technologies to 
further reduce emissions from process wastewater in the PVC production 
industry. Based on this analysis, we are proposing that it is not cost 
effective to go beyond-the-floor for process wastewater at existing or 
new sources. Our MACT floor emission limit calculations, beyond-the-
floor analysis, and the methodology we used to calculate costs and 
emission reductions are discussed in the memorandum, Technical Analysis 
and Documentation to Support EPA's Reconsideration of 40 CFR part 63 
Subpart HHHHHHH National Emission Standards for the Polyvinyl Chloride 
and Copolymers (PVC) Production Source Category, which is available in 
the docket for this rulemaking. Also, as previously

[[Page 71498]]

mentioned in section II of this preamble, on September 28, 2012, the 
EPA granted reconsideration on the emission limits. We are not making 
any changes to the wastewater emission limits in the area source rule; 
however, we request public comments on these emission limits.
    Second, we are proposing to remove the major source process 
wastewater TOHAP emission limit and establish vinyl chloride as a 
surrogate for TOHAP for major and area sources. As noted above, 
petitioners argue that the EPA did not base the TOHAP emission limits 
on emission levels actually achieved by the best performing sources in 
the source category. One of the petitioners said that the EPA did not 
set the MACT floor using data for the top performing sources. Another 
petitioner argued that the data points do not reflect actual samples of 
PVC facility process wastewater taken during actual operations. We are 
proposing to eliminate the process wastewater TOHAP emission limit and 
to be more fully responsive to the court's original request that the 
EPA ``properly explain its methodology for regulating [HAP] emitted in 
PVC production other than vinyl chloride by use of a surrogate.'' See 
Mossville Environmental Action Now v. EPA, 370 F.3d at 1232 (D.C. Cir. 
2004). In this proposal, we have redetermined and are further 
explaining the basis for our conclusion that vinyl chloride is a 
suitable surrogate for establishing process wastewater emission limits 
for organic HAP. We note that the court (370 F.3d at 1242-43) held that 
the EPA has authority to use a surrogate ``if it is reasonable to do 
so[.]'' For the reasons discussed below, we have determined that vinyl 
chloride is a reasonable surrogate for TOHAP emitted from process 
wastewater at PVC production facilities.
    Steam stripping is an effective wastewater treatment technology 
that has been used as the basis of wastewater emission control 
requirements in many rules, including the 40 CFR part 63 MACT for 
chemical process industries, such as the HON, Miscellaneous Organic 
Chemical Manufacturing NESHAP, and Polymers and Resins NESHAP as well 
as the 40 CFR part 61 Benzene Waste Operations NESHAP. The approach is 
based on the idea that removal of pollutants from wastewater prior to 
discharge into a facility's wastewater collection and treatment system 
will limit air emissions resulting from volatilization of these 
pollutants from downstream process drains and conveyances that are open 
to the atmosphere, as well as from the downstream biological treatment 
system, including biological treatment units that are agitated and 
aerated to supply the microorganisms with O2. Conversely, 
those pollutants that are not effectively removed by a steam stripper 
will be even less likely to volatilize in collection and treatment and 
will be controlled in the facility's biological treatment system.
    All PVC manufacturers have high concentrations of vinyl chloride in 
their process wastewater and steam stripping is widely used by PVC 
manufacturers to remove and recover vinyl chloride from process 
wastewater streams. The best performers that the MACT floor is based on 
are those strippers that have the lowest vinyl chloride concentrations 
in the bottoms (outlet) stream exiting the steam stripper; that is, the 
most effective strippers are those that result in the lowest 
concentration of vinyl chloride in the bottoms stream.
    Based on the data we received in response to our CAA section 114 
ICRs of PVC manufacturers, 33 non-vinyl chloride HAP are also present 
in the bottoms of the stripped wastewater streams. While many of these 
non-vinyl chloride HAP are removed using steam stripping, some are 
removed to a lesser degree. The EPA thoroughly examined the 
fundamentals of steam stripping wastewater (including calculating the 
HAP fraction removed (Fr) values \6\ for a model steam stripper and the 
fraction emitted (Fe) values \7\ for numerous HAP from wastewater) 
during the original rulemaking of the HON (see Legacy Docket A-90-23). 
Based on this information as well as the data we received in response 
to our CAA section 114 ICRs, we determined that 25 of the 33 non-vinyl 
chloride HAP in the stripped wastewater have lower concentrations than 
the average vinyl chloride concentration and have Fr values of 0.99 
which is the same Fr value for vinyl chloride.\8\ In other words, vinyl 
chloride and most non-vinyl chloride HAP are effectively removed from 
the wastewater stream using steam stripping. We, therefore, conclude 
that vinyl chloride is a reasonable surrogate for these HAP. Although 
the remaining eight non-vinyl chloride HAP have stripper bottoms 
concentrations higher than vinyl chloride and have Fr values from 0.31 
(methanol) to 0.99 (vinyl acetate),\9\ these HAP are not likely to be 
emitted to the atmosphere because these HAP have low Fe values, 
significantly less than that of vinyl chloride. The Fe values for these 
compounds range from 0 (ethylene glycol) to 0.59 (vinyl acetate), 
compared to vinyl chloride's Fe value of 0.97. As a result, these HAP 
other than vinyl chloride that remain in the stripped wastewater are 
more likely to remain in the wastewater collection system and will be 
readily biodegraded in the biological treatment unit. Furthermore, we 
observed that non-vinyl chloride HAP concentrations at the outlet of 
the steam stripper are the result of varied resin recipe slates in use 
throughout the industry, and, therefore, do not correlate with the 
effectiveness of the steam stripper at removing vinyl chloride. For 
example, resin grade recipes lower in hard-to-strip TOHAP could allow 
for poorer stripper performance if TOHAP were being relied to determine 
MACT. Therefore, the steam strippers that are the best performers can 
be identified by their low vinyl chloride concentrations and not by the 
non-vinyl chloride HAP concentrations in the stripper bottoms.
---------------------------------------------------------------------------

    \6\ The Fr is the mass fraction of a HAP that is stripped from 
the wastewater. The Fr values for individual HAP in a model steam 
stripper were estimated using Henry's Law Constants at 100 degrees 
Celsius during the development of the HON. See 57 FR 62641, December 
31, 1992; 59 FR 19443 and 4, April 22, 1994; and the memoranda, 
Henry's Law Constants for the 83 HAP's Regulated in the Proposed HON 
Wastewater Provisions; and Efficiency of Steam Stripper Trays to 
Treat Wastewater Streams: Prediction of the Fraction Removed (Fr) 
for Specific Compounds, which are available in the docket for this 
rulemaking.
    \7\ The Fe is the mass fraction of a HAP that is emitted from 
the wastewater collection and downstream biological treatment 
system. The Fe values for individual HAP were calculated during the 
development of the HON. See 57 FR 62641, December 31, 1992; 59 FR 
19443 and 4, April 22, 1994; and the memorandum, Estimation of Air 
Emissions from Model Wastewater Collection and Treatment Plants 
Systems, which is available in the docket for this rulemaking.
    \8\ See the memorandum, Analysis of HAP in PVC Process 
Wastewater, which is available in the docket for this rulemaking.
    \9\ Only three of 15 facilities reported data where vinyl 
acetate concentrations in the stripper bottoms were higher than 
vinyl chloride. One facility is no longer in operation and the other 
two are vinyl chloride/vinyl acetate copolymer producers. Therefore, 
the higher vinyl acetate fraction is likely the result of resin 
recipe influence rather than stripper performance since vinyl 
chloride and vinyl acetate have the same Fr value.
---------------------------------------------------------------------------

    In summary, vinyl chloride serves as an appropriate surrogate for 
determining the MACT floor for process wastewater. First, vinyl 
chloride is the predominant HAP and is present in all process 
wastewater streams. Second, the best performing strippers are 
identified by low vinyl chloride concentrations in the stripper bottoms 
and are also the most effective strippers at removing non-vinyl 
chloride HAP. The other non-vinyl chloride HAP present in the stripper 
bottoms are a reflection of the resin recipe and not the effectiveness 
of the stripper. The non-vinyl chloride HAP that are in the stripper 
bottoms will not volatilize in collection systems

[[Page 71499]]

and be effectively treated in the biological treatment unit. The 
regulatory objective of this rule is to control air emissions of HAP 
from wastewater streams and not to control HAP that are in the 
wastewater streams. Focusing on vinyl chloride rather than total 
organic HAP for setting standards for PVC process wastewater not only 
ensures identification of the best performing wastewater strippers for 
the primary HAP emitted from the source category, but also ensures the 
effective control of air emissions of non-vinyl chloride organic HAP 
from wastewater.\10\ Additional details about our proposed surrogacy 
are provided in the memorandum, Analysis of HAP in PVC Process 
Wastewater, which is available in the docket for this rulemaking.
---------------------------------------------------------------------------

    \10\ See 57 FR 62641, December 31, 1992.
---------------------------------------------------------------------------

    We are proposing these changes (i.e., to revise the process 
wastewater vinyl chloride emission limit and eliminate the process 
wastewater TOHAP emission limit) in new Tables 1b and 2b to 40 CFR part 
63, subpart HHHHHHH; and we are proposing that all affected major 
sources that commenced construction or reconstruction on or before May 
20, 2011, must be in compliance with these changes within 3 years after 
the date of publication of the final rule in the Federal Register. We 
also are proposing that all affected major sources that commenced 
construction or reconstruction after May 20, 2011, must be in 
compliance with these changes upon the date of publication of the final 
rule in the Federal Register or initial startup, whichever is later. 
See proposed 40 CFR 63.11875(e). We are not aware of any major sources 
that have commenced construction or reconstruction after May 20, 2011, 
which would be impacted by the application of the changes. Also, at any 
time before these compliance dates, we are proposing at 40 CFR 
63.11880(d) that an affected major source may choose to comply with the 
revised emission limits in Tables 1b and 2b to 40 CFR part 63, subpart 
HHHHHHH, in lieu of the emission limits in Tables 1 and 2 to 40 CFR 
part 63, subpart HHHHHHH.
    Finally, we are proposing to revise several paragraphs throughout 
the major source rule (including process wastewater related 
requirements in 40 CFR 63.11965 through 63.11985) to properly reference 
the proposed Tables 1b and 2b to 40 CFR part 63, subpart HHHHHHH, and 
to address the elimination of the major source process wastewater TOHAP 
emission limit; and we are proposing to clarify in 40 CFR 63.11965(e) 
that only 40 CFR 63.105(b) and (c) apply to maintenance wastewater 
containing HAP listed in Table 10 to 40 CFR part 63, subpart HHHHHHH. 
We are also proposing to correct a typographical error in Table 9 to 40 
CFR part 63, subpart HHHHHHH, to be consistent with the requirement at 
40 CFR 63.11980(a)(4)(i). Specifically, we are clarifying in Table 9 to 
40 CFR part 63, subpart HHHHHHH, that compliance with the wastewater 
emission limit is based on the results from one grab or composite 
sample.
    The EPA is soliciting comment on all of the proposed changes 
discussed in this section of the preamble (i.e., the revised process 
wastewater vinyl chloride emission limits, the elimination of the 
process wastewater TOHAP emission limits, the compliance dates, whether 
there are any sources that commenced construction after May 20, 2011, 
the clarification to 40 CFR 63.11965(e), and the correction in Table 9 
to 40 CFR part 63, subpart HHHHHHH). We note that the proposed 
clarification in 40 CFR 63.11965(e) is also being proposed for the 2012 
area source rule at 40 CFR 63.11142(f)(17) because 40 CFR 63.11965 is 
referenced in those requirements; however, the proposed process 
wastewater vinyl chloride emission limits do not affect the 2012 area 
source rule at 40 CFR 63.11142(f)(17). Although 40 CFR 63.11965 through 
63.11980 are referenced in 40 CFR 63.11142(f)(17), we are proposing to 
revise the introduction paragraph at 40 CFR 63.11142(f) to ensure that 
whenever reference is made to Tables 1, 1b, 2, or 2b to 40 CFR part 63, 
subpart HHHHHHH, we mean Table 1 or 2 to 40 CFR part 63, subpart 
DDDDDD, for purposes of compliance with the 2012 area source wastewater 
standards. If it is determined that there are major sources that have 
commenced construction or reconstruction after May 20, 2011, then we 
will need to add additional requirements.

C. Stripped Resin

1. Subcategories and Emission Limits
    Petitioners maintain that it was not feasible to comment on the new 
data on which the EPA based the final stripped resin emission limits 
and subcategories; and as previously mentioned in section II of this 
preamble, on September 28, 2012, the EPA granted reconsideration on the 
emission limits. We are not making any changes to the stripped resin 
emission limits and subcategories in the 2012 final major and area 
source rules; however, we request public comments on these emission 
limits and subcategories.
2. Alternative Emission Limit Format for Compliance With Stripped Resin 
Standards
    The existing Vinyl Chloride NESHAP (40 CFR part 61, subpart F) 
provides emissions standards for the sources following the stripper 
``stated in two ways'' (40 FR 59541, December 24, 1975). One of these 
two formats for emissions standards is in ppmw of the stripped resin at 
the outlet of the stripper and is used in both 40 CFR part 61, subpart 
F, and the 2012 final major and area source rules, as seen in 40 CFR 
61.64(e)(1), Tables 1 and 2 to 40 CFR part 63, subpart DDDDDD, and 
Tables 1 and 2 to 40 CFR part 63, subpart HHHHHHH. The second format is 
a mass emissions to the atmosphere, which is given as gram (g) HAP per 
kilogram (kg) of product resin on a dry basis from the stripper (also 
given in pound per ton format) and is only currently available in 40 
CFR 61.64(e)(2). The EPA originally offered these two ``ways'' of 
presenting an equivalent emission limit to acknowledge that there were 
two distinctively different techniques to control these sources--add-on 
control devices or improved stripping, and that different measurement 
and enforcement methods are applicable to each technique (40 FR 
59541).\11\ At the time, we also acknowledged that stripping is the 
primary control technology on which the standards are based, lending 
credence for including the ppmw format resin standard in the 2012 final 
major and area source rules. However, we realize that some sources may 
find compliance flexibility in complying with a mass emissions limit 
instead of a stripped resin content, especially if centrifuges, blend 
tanks, and other process components downstream of the stripper are 
closed to the atmosphere, controlled with closed vent systems, and 
routed to a control device. Therefore, we have calculated mass 
emissions-formatted standards that are equivalent to the resin content 
standards of the 2012 final major and area source rules using the 
conversion methods used in the original 40 CFR part 61, subpart F 
standards (i.e.,

[[Page 71500]]

converting the ppmw standard to g/kg, or part per thousand by weight 
for the equivalent mass emission rate), and we are proposing to include 
these alternative emission limits in Tables 1 and 2 to 40 CFR part 63, 
subpart DDDDDD, and Tables 1b and 2b to 40 CFR part 63, subpart 
HHHHHHH. In doing so in the same manner as the original 40 CFR part 61, 
subpart F standards, we are ensuring that the alternate emission limits 
can be implemented and enforced, will be clear to sources, and most 
importantly, will be equivalent to the level of control required by the 
MACT standards. We are proposing at 40 CFR 63.11960(b)(2) that if the 
affected source chooses to comply with the alternative mass emission 
rates, then the process components associated with the stripped resin 
downstream of the resin stripper (e.g., dryers, centrifuges, filters) 
must be enclosed and routed through a closed vent system meeting the 
requirements in 40 CFR 63.11925 through 63.11950 for the closed vent 
system and control device. We are also proposing calculation procedures 
at 40 CFR 63.11960(g) and (h) that you must use if you elect to 
demonstrate initial or continuous compliance with the alternative mass 
emissions rates. In addition, we are proposing to clarify the reporting 
and recordkeeping at 40 CFR 63.11985(b)(7) and 40 CFR 63.11990(h)(3) to 
reflect the proposed option of complying with the alternative mass 
emissions rates. The monitoring requirements for sources using the 
alternative emission limits would include the same stack testing 
methods and procedures required for process vent performance testing 
instead of resin sampling and concentration analyses. By proposing 
these alternative emission limits, we are providing the same level of 
compliance flexibility afforded by the Vinyl Chloride NESHAP. Tables 4 
and 5 of this preamble present the proposed mass emission limits for 
existing and new sources, respectively. The EPA requests comment on the 
proposed alternative emission limits. We note that all of the proposed 
changes discussed in this section of the preamble (i.e., the proposed 
changes to 40 CFR 63.11960, 40 CFR 63.11985(b)(7), and 40 CFR 
63.11990(h)(3)) are also being proposed for the 2012 area source rule 
at 40 CFR 63.11142(f)(16), (18), and (19) because 40 CFR 63.11960, 40 
CFR 63.11985, and 40 CFR 63.11990 are referenced in those requirements.
---------------------------------------------------------------------------

    \11\ The EPA noted that the two emission limits ``are equivalent 
if it is assumed that all residual vinyl chloride in the resin 
leaving a stripper is emitted into the atmosphere at the polyvinyl 
chloride plant.'' While acknowledging that a small proportion of 
vinyl chloride might be left in the resin when it leaves the plant, 
the residual vinyl chloride monomer left in the resin after 
stripping would be emitted into the atmosphere at some point, and, 
therefore, the EPA determined that the residual vinyl chloride 
monomer in resin limits serve as an emission limitation ``specified 
in a form which is compatible with the only practical method for 
determining compliance.''

                Table 4--Proposed Existing Source Stripped Resin Alternative Mass Emission Limits
----------------------------------------------------------------------------------------------------------------
                                                                    40 CFR part                     40 CFR part
                                                    40 CFR part     63, subpart     40 CFR part     63, subpart
                                                    63, subpart    HHHHHHH non-     63, subpart     DDDDDD Non-
                Resin subcategory                  HHHHHHH vinyl  vinyl chloride   DDDDDD vinyl   vinyl chloride
                                                     chloride       organic HAP      chloride       organic HAP
                                                  emission limit  emission limit  emission limit  emission limit
                                                      (g/kg)          (g/kg)          (g/kg)          (g/kg)
----------------------------------------------------------------------------------------------------------------
Bulk resin......................................          0.0071            0.17          0.0071            0.17
Dispersion resin................................             1.3            0.24             1.5            0.32
Suspension resin................................           0.037            0.67           0.036           0.036
Suspension blending resin.......................            0.14            0.50            0.14            0.50
Copolymer resin.................................            0.79             1.9            0.79             1.9
----------------------------------------------------------------------------------------------------------------


                  Table 5--Proposed New Source Stripped Resin Alternative Mass Emission Limits
----------------------------------------------------------------------------------------------------------------
                                                                    40 CFR part                     40 CFR part
                                                    40 CFR part     63, subpart     40 CFR part     63, subpart
                                                    63, subpart    HHHHHHH non-     63, subpart     DDDDDD non-
                Resin subcategory                  HHHHHHH vinyl  vinyl chloride   DDDDDD vinyl   vinyl chloride
                                                     chloride       organic HAP      chloride       organic HAP
                                                  emission limit  emission limit  emission limit  emission limit
                                                      (g/kg)          (g/kg)          (g/kg)          (g/kg)
----------------------------------------------------------------------------------------------------------------
Bulk resin......................................          0.0071            0.17          0.0071            0.17
Dispersion resin................................            0.48           0.066             1.5            0.32
Suspension resin................................          0.0073           0.015           0.036           0.036
Suspension blending resin.......................            0.14            0.50            0.14            0.50
Copolymer resin.................................            0.79             1.9            0.79             1.9
----------------------------------------------------------------------------------------------------------------

3. Clarification of Initial and Continuous Monitoring of Non-Vinyl 
Chloride Organic HAP
    The EPA's intent for demonstrating compliance with the total non-
vinyl chloride organic HAP emission limits for stripped resin within 40 
CFR 63.11960(b) (and as referenced in 40 CFR 63.11142(f)(16) for area 
sources) is for facilities to develop and maintain a specific list of 
non-vinyl chloride organic HAP that are expected to be present in each 
grade of resin produced by the PVCPU. The current rule language in 40 
CFR 63.11960(b) is potentially unclear on how this list of HAP for each 
resin grade is updated and used to demonstrate compliance and how this 
list of HAP for each resin grade relates to the list of HAP contained 
within Table 10 to 40 CFR part 63, subpart HHHHHHH. For example, in 40 
CFR 63.11960(b), we are proposing to replace ``continuously updated'' 
with ``kept current'' to clarify the requirement that the facility-
specific HAP list is updated after any change occurs that would impact 
the list of HAP for the stripped resin, such as using a new additive or 
changing a vendor.
    In addition, as discussed in the 2012 final major and area source 
rules (77 FR 22868), the EPA's intent is for sources to initially and 
continuously test for all the HAP listed in Table 10 to 40 CFR part 63, 
subpart HHHHHHH, plus any additional HAP not listed in Table 10 to 40 
CFR part 63, subpart HHHHHHH, but expected to be present in the resin 
grade due to the owner or operator's process

[[Page 71501]]

knowledge. That is, the facility-specific HAP list comprises the 30 HAP 
in Table 10 to 40 CFR part 63, subpart HHHHHHH, plus any additional HAP 
beyond those 30 that are expected to be present based on the resin 
grades produced. The EPA is proposing clarifying amendments to 40 CFR 
63.11960(b) and 40 CFR 63.11960(e)(1)(i) through (iv) related to the 
specific HAP list, and we request comment on this clarification. 
Furthermore, we are proposing amendments to 40 CFR 63.11960(b)(2) that 
provide these clarifications on the facility-specific HAP list for 
sources opting to comply with the proposed alternative mass emission 
limits that are discussed in section III.C.2 of this preamble. Finally, 
we are also proposing to restructure 40 CFR 63.11960(c) to improve 
readability. We are proposing to remove duplicative language from 40 
CFR 63.11960(c)(1)(iii) and (iv) and revise 40 CFR 63.11960(c)(2)(i) 
and (ii) to clarify the calculation requirements for vinyl chloride and 
non-vinyl chloride organic HAP.
    We note that these amendments are also being proposed for the 2012 
area source rule at 40 CFR 63.11142(f)(16) because 40 CFR 63.11960 is 
referenced in those requirements.

D. Storage Vessels

    We are proposing technical corrections and clarifications related 
to the standards for pressure vessels, the use of vapor balancing, and 
the standards for fixed roof and floating roof storage vessels. See 
sections III.D.1, 2, and 3 of this preamble, respectively for a 
detailed discussion of these proposed changes.
1. Pressure Vessels
    A petitioner requested that the EPA reconsider the requirements of 
40 CFR 63.11910(c) and allow LDAR of all pressure vessel leaks, 
including from closure devices. The petitioner stated that the rule 
should apply LDAR as a work practice standard under CAA section 112(h) 
for leaks from openings on pressure vessels that are equipped with 
closure devices since it is ``not feasible to prescribe or enforce an 
emission standard.'' The petitioner stated that the best performing 
facilities use LDAR to manage leaks from pressure vessels and contended 
that an allowance to make a repair once a leak is found is a common 
approach for managing leaks from pressure vessels and is the only 
achievable approach. The petitioner also stated it interprets the 2012 
final major and area source rules to be that leaks from closure devices 
are violations (according to 40 CFR 63.11910(c)(4)), while other 
pressure vessel leaks are not violations and are subject to leak repair 
provisions (according to 40 CFR 63.11910(c)(3)). The petitioner 
requested that the EPA allow for repair of leaks from closure devices 
greater than 500 parts per million (ppm) as a method of compliance.
    In the 2012 final major and area source rules, pressure vessels in 
HAP service are required to operate as ``a closed system that does not 
vent to the atmosphere'' and each opening must be equipped with a 
closure device to prevent discharges to the atmosphere (40 CFR 
63.11910(c)). In addition, in the 2012 final major and area source 
rules, all potential leak interfaces on the vessel (including closure 
devices) must be monitored annually for leaks. The intent of the 2012 
final major and area source rules was to require that pressure vessels 
operate with no detectable emissions (i.e., less than 500 ppm as 
determined using EPA Method 21 of 40 CFR part 60, appendix A-7), and 
that each opening, including all potential leak interfaces, on pressure 
vessels be monitored regularly to ensure that the pressure vessels are 
operating with no detectable emissions. While the 2012 final major and 
area source rules do require potential leak interfaces to be monitored 
annually for leaks using the procedures specified in the equipment leak 
requirements at 40 CFR 63.11915, we recognize that the 2012 final major 
and area source rules do not specify how 40 CFR 63.11915 would 
specifically apply to pressure vessels and, thus, the petitioner 
interpreted the rule to have two sets of leak requirements (one for 
closure devices and another for all other pressure vessel leaks).
    The EPA is granting reconsideration of the pressure vessel 
standards of 40 CFR 63.11910(c) but does not agree with the 
petitioner's recommendations regarding LDAR. Specifically, the EPA is 
not allowing for repair of leaks greater than 500 ppm as a method of 
compliance. We are proposing to maintain the pressure vessel leak 
requirements of the 2012 rules, with edits for clarity; pressure 
vessels must operate with no detectable emissions and any release 
greater than 500 ppm above background is a violation. This requirement 
applies equally to closure device leaks and leaks from all other leak 
interfaces on the pressure vessel. To confirm there are no detectable 
emissions, we are proposing to specify (in lieu of generally pointing 
to the LDAR requirements in 40 CFR 63.11915) that the affected source 
must conduct annual monitoring of each potential leak interface and 
each point on the pressure vessel through which HAP could potentially 
be emitted, using the procedures specified in 40 CFR 63.1023(b) and 
(c). This approach to regulating pressure vessel leaks is similar to 
the Off-Site Waste and Recovery Operations NESHAP (40 CFR part 63, 
subpart DD), which stipulates that tank openings must be equipped with 
closure devices that are designed to operate with no detectable 
emissions (see 40 CFR 63.685(h)(2)). We also propose to streamline and 
combine the requirements at 40 CFR 63.11910(c)(3) and (4) for clarity. 
Under the proposed language, 40 CFR 63.11910(c)(3) includes the 
requirement to perform annual monitoring and states a leak greater than 
500 ppm is a violation. We are proposing to remove certain language 
specific to pressure vessel closure devices (which was previously at 40 
CFR 63.11910(c)(4)), because closure device leaks would be captured by 
the proposed language at 40 CFR 63.11910(c)(3) (i.e., monitor each 
potential leak interface and each point on the pressure vessel through 
which HAP could potentially be emitted). We are also proposing to 
revise the language at 40 CFR 63.11890(d)(5)(iv) to apply more 
generally to pressure vessel leaks instead of just closure devices; 
this edit directly aligns with the proposed language at 40 CFR 
63.11910(c)(3). In addition, we are proposing a definition of ``closure 
device'' at 40 CFR 63.12005 to mean a cover, cap, hatch, lid, plug, 
seal, valve, or other type of fitting that, when the device is secured 
in the closed position, prevents or reduces air emissions to the 
atmosphere by blocking an opening in a fixed roof storage vessel or 
pressure vessel.
    As part of the leak monitoring revisions, we are proposing to 
revise 40 CFR 63.11990(b)(4) to clarify that the pressure vessel leak 
records must include the information already required to be reported in 
the pressure vessel closure device deviation report pursuant to 40 CFR 
63.11985(b)(10)(i) through (v) (e.g., we are proposing to keep records 
of the quantity of vinyl chloride and total HAP released from the 
closure device).
    The EPA is also proposing to clarify the requirements for filling, 
emptying, and purging of pressure vessels at 40 CFR 63.11910(c)(1). The 
clarifications are based on actual operations of PVC production 
facilities and focus on the underlying pressure vessel standard. 
Importantly, we are emphasizing that the underlying standard is that 
each pressure vessel must be designed and operated as a closed system 
without emissions to the atmosphere. The

[[Page 71502]]

language at 40 CFR 63.11910(c)(1) stating that the vent stream during 
filling, emptying, and purging must meet the requirements of 40 CFR 
63.11925(a) and (b) may appear to contradict the underlying standard 
that pressure vessels must be designed and operated as a closed system 
without emissions to the atmosphere.
    To better explain our intent in clarifying the proposed language at 
40 CFR 63.11910(c)(1), one must consider where pressure vessels are 
used at PVC production facilities, which is primarily for vinyl 
chloride storage (the monomer that is used as a reactant in the 
polymerization reaction to produce PVC). During filling operations, 
pressure vessels are designed to operate as closed systems, so there 
are no emissions from these sources during these periods. Once filled, 
pressure vessels storing vinyl chloride are emptied by routing the 
stored vinyl chloride to the process to be used in the polymerization 
reaction. Once routed to the process, process vents may be created that 
are subject to the process vent standards of 40 CFR 63.11925(a) and (b) 
which include closed vent system requirements. In the case of vent 
streams that contain any unreacted vinyl chloride, these streams are 
typically routed to a recovery system and vinyl chloride is recovered 
(to the extent practical) and sent back to the pressure vessel (which 
still operates as a closed system without emissions to the atmosphere). 
The remaining (noncondensable) vent stream containing small amounts of 
unrecovered vinyl chloride (and possibly other compounds) then must be 
controlled in order to comply with the process vent emission limits. 
This was the intent of the language in the 2012 final major and area 
source rules. Similarly, for purging operations, vinyl chloride is 
typically sent to a recovery system and the recovered vinyl chloride is 
then sent to a different pressure vessel also storing vinyl chloride 
(which operates as a closed system without emissions to the 
atmosphere). The remaining stream from the recovery system and the 
pressure vessel being purged contains small amounts of unrecovered 
vinyl chloride (and possibly other compounds) and must be controlled in 
order to comply with the process vent emission limits. Thus, excluding 
those emissions during filling, purging, and emptying that ultimately 
end up as process vents that are routed to a closed vent system and 
control device, there would still be no emissions to the atmosphere 
directly from pressure vessels. We are proposing to clarify at 40 CFR 
63.11910(c)(1) that for vent streams sent to the process from pressure 
vessels, or purged from pressure vessels, facilities must prepare a 
design evaluation to demonstrate certain conditions are met and meet 
the requirements of 40 CFR 63.11925(a) and (b) including the closed 
vent system requirements. We also note that we are proposing that 
facilities may elect to comply with vapor balancing requirements during 
filling operations. Vapor balancing does not result in emissions to the 
atmosphere from pressure vessels and is a common equivalent control 
option for PVC production facilities during filling operations (vapor 
balancing requirements are discussed in greater detail in section 
III.D.2 of this preamble).
    The EPA is soliciting comment on all of the proposed changes 
discussed in this section of the preamble (i.e., the proposed changes 
to the pressure vessel requirements in 40 CFR 63.11910(c), 40 CFR 
63.11985(b)(10), and 40 CFR 63.11990(b)(4)). We note that all of these 
proposed changes are also being proposed for the 2012 area source rule 
at 40 CFR 63.11142(f)(5), (18), and (19) because 40 CFR 63.11910, 40 
CFR 63.11985, and 40 CFR 63.11990 are referenced in those requirements.
2. Vapor Balancing
    A petitioner asserted that in the 2012 final major and area source 
rules, the EPA did not specifically allow vapor balancing as a method 
to control emissions from storage vessels. The petitioner stated that 
vapor balancing is widely used in the PVC industry, indicated that 11 
PVC production facilities use vapor balancing, and claimed it is 
virtually impossible to unload a vinyl chloride railcar and not have 
any HAP emissions without using vapor balancing. The petitioner also 
noted that vapor balancing is allowed by the EPA in other MACT rules.
    The EPA agrees with the petitioner and is granting reconsideration 
on allowing vapor balancing as a method to control emissions from 
storage vessels. The 2012 final major and area source rules do not list 
vapor balancing as a compliance option, but in responding to comments 
in the 2012 final rules (refer to National Emission Standards for 
Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers 
Production: Summary of Public Comments and Responses, Docket Item No. 
EPA-HQ-OAR-2002-0037-0185), we stated that a PVC production facility 
may request the EPA's approval to use vapor balancing as an alternative 
means of emission limitation under 40 CFR 63.6(g) of the General 
Provisions. The EPA acknowledges that vapor balancing is a proven 
method to control emissions from storage vessel filling operations and 
is already allowed by several MACT standards including the HON (40 CFR 
part 63, subpart G). Therefore, the EPA is proposing vapor balancing 
requirements at 40 CFR 63.11910(e) to allow vapor balancing as an 
equivalent option to no emissions from pressure vessels during filling 
operations (see proposed 40 CFR 63.11910(c)) and as an optional 
equivalent control method for fixed roof storage vessels complying with 
the 95-percent control standard for HAP emissions in Table 3 to 40 CFR 
part 63, subpart HHHHHHH, during filling operations \12\ (see proposed 
40 CFR 63.11910(d)). The proposed vapor balancing requirements at 40 
CFR 63.11910(e) are similar to the HON requirements and include 
operating, monitoring, and certification requirements and related 
recordkeeping requirements.
---------------------------------------------------------------------------

    \12\ We note that facilities that use vapor balancing for 
filling operations for fixed roof storage vessels that are required 
to route emissions to a closed vent system and control device to 
comply with the 95-percent control standard for HAP emissions must 
comply with this standard at all times. In other words, while vapor 
balancing fixed roof storage vessels during filling operations would 
control working loss emissions to at least the 95-percent control 
standard, owners or operators still have an obligation to control 
other emissions from these fixed roof storage vessels to 95-percent 
control, such as breathing losses and working losses that are not 
vapor balanced.
---------------------------------------------------------------------------

    We are also proposing operating requirements for the vapor 
balancing system. We are proposing that vapor balancing systems be 
designed and operated to route vapors displaced from loading of the 
storage vessel to the transport vehicle (i.e., railcar, tank truck, 
barge) from which the storage vessel is being loaded. For vapor 
balancing of pressure vessels, we are also proposing the transport 
vehicle may then be depressurized by sending the vapors to the process. 
We also propose that fluid transfer from a transport vehicle to a 
storage vessel must be performed only when the transport vehicle's 
vapor collection system is connected to the storage vessel vapor 
balancing system. We are proposing a definition of vapor balancing 
system at 40 CFR 63.12005 to mean a piping system that collects HAP 
vapors displaced from transport vehicles (i.e., railcar, tank truck, 
barge) during storage vessel loading and routes the collected vapors to 
the storage vessel from which the HAP being loaded originated or to 
another storage vessel connected to a common header; or a piping system 
that collects HAP vapors

[[Page 71503]]

displaced from the loading of a storage vessel and routes the collected 
vapors to the transport vehicle from which the storage vessel is 
filled.
    In addition, we are proposing monitoring requirements for equipment 
on the vapor balancing system. We are proposing that each PRD on a 
storage vessel, transport vehicle, and vapor return line must remain 
closed while the storage vessel is being filled and each PRD must be in 
compliance with the rule's existing PRD monitoring requirements at 40 
CFR 63.11915(c) (see section III.F of this preamble for details on 
clarifications we are proposing for the rule's existing PRD monitoring 
requirements). PVC production facilities commonly use vapor balancing 
to unload vinyl chloride into pressure vessels, and as such, we are 
also proposing the vapor balancing system must operate with no 
detectable emissions, which is consistent with the proposed pressure 
vessel requirements at 40 CFR 63.11910(c)(3) (see section III.D.1 of 
this preamble). To confirm there are no detectable emissions, we are 
proposing that the affected source must conduct annual monitoring of 
each potential leak interface and each point on the vapor balancing 
system through which HAP could potentially be emitted, using the 
procedures specified in 40 CFR 63.1023(b) and (c).
    We are also proposing certification and control requirements for 
transport vehicles. Prior to unloading into a storage vessel, we are 
proposing that vapor balancing systems be designed and operated to 
route vapors displaced from filling of the storage vessel to the 
transport vehicle (i.e., railcar, tank truck, barge) from which the 
storage vessel is being filled. We are proposing that tank trucks and 
railcars must have a current certification from the U.S. Department of 
Transportation and barges must have current certification of vapor-
tightness. To ensure the HAP that is vapor balanced from the PVC 
storage vessel to the transport vehicle is not simply released to the 
air, we are also proposing control and certification requirements for 
reloading and cleaning of the transport vehicle (see 40 CFR 
63.11910(e)(6) and (7)).
    Finally, we are proposing recordkeeping requirements at 40 CFR 
63.11990(b)(7) if the affected source chooses to use this vapor 
balancing option.
    The EPA is soliciting comment on all of the proposed changes 
discussed in this section of the preamble (i.e., the proposed vapor 
balancing requirements in 40 CFR 63.11910(e) and 40 CFR 
63.11990(b)(7)). We note that these proposed vapor balancing 
requirements are also being proposed for the 2012 area source rule at 
40 CFR 63.11142(f)(5) and (19) because 40 CFR 63.11910 and 40 CFR 
63.11990 are referenced in those requirements.
3. Fixed Roof and Floating Roof Storage Vessels
    We are clarifying requirements for fixed roof storage vessels using 
closed vent systems and control devices that are being used to meet the 
95-percent control standard for HAP emissions. To improve readability, 
we are proposing to move the requirements for fixed roof storage 
vessels using a closed vent system and control device to a separate 
paragraph at 40 CFR 63.11910(d) and clarify the corresponding 
requirements in Table 3 to 40 CFR part 63, subpart HHHHHHH. The 2012 
final major and area source rules included the closed vent system and 
control device requirements as part of the fixed roof storage vessel 
requirements in 40 CFR 63.11910(a); however, our proposal to separate 
the closed vent system and control device requirements from the fixed 
roof storage vessel requirements provides clarity on what specific 
requirements apply when a storage vessel is using a closed vent system 
and control device versus the specific requirements that apply to a 
fixed roof storage vessel. In addition, instead of complying with the 
control device requirements for process vents, we are proposing that 
for each fixed roof storage vessel that vents to a closed vent system 
and control device, the affected source must develop a control device 
operating plan and operate the control device according to the plan. 
The proposed operating plan requirements are based on the requirements 
in 40 CFR part 60, subpart Kb (40 CFR 60.113b(c)), because 40 CFR part 
60, subpart Kb, formed the basis of the underlying standard for fixed 
roof storage vessels that are routed to a closed vent system and 
control device. However, we are also proposing the option to allow the 
affected source to continue to comply with the control device 
requirements for process vents provided that the storage vessel is 
vented to a closed vent system and control device that is also used to 
comply with the process vent emission limits.
    As an alternative for fixed roof storage vessels using a closed 
vent system and control device to comply with the 95-percent control 
standard for HAP emissions in Table 3 to 40 CFR part 63, subpart 
HHHHHHH, we are proposing at 40 CFR 63.11910(d)(4) that fixed roof 
storage vessel emissions may be routed back to the process instead of a 
control device. The proposed requirements at 40 CFR 63.11910(d)(4) 
include preparing a design evaluation to demonstrate certain conditions 
are met. PVC production facilities also use vapor balancing systems, 
and as discussed previously (see section III.D.2 of this preamble), we 
are proposing this as a compliance method.
    Finally, to improve readability, we are proposing other 
miscellaneous revisions to the fixed roof storage vessel requirements 
at 40 CFR 63.11910(a) and the floating roof storage vessel requirements 
at 40 CFR 63.11910(b). These proposed edits serve to clarify the 
requirements and create consistency in the language, without changing 
the underlying standards.
    The EPA is soliciting comment on all of the proposed changes 
discussed in this section of the preamble (i.e., clarifications to the 
fixed roof and floating roof storage vessel requirements). We note that 
these proposed requirements are also being proposed for the 2012 area 
source rule at 40 CFR 63.11142(f)(5) because 40 CFR 63.11910 is 
referenced in those requirements.

E. Affected Source

    Petitioners maintain that it was not feasible to comment on the 
revised definitions of the affected source at 40 CFR 63.11140(b) and 40 
CFR 63.11870(b). The EPA is granting reconsideration on this issue. 
Although we are not making any changes to the definitions of the 
affected source in the 2012 final major and area source rules, we 
request public comments on these definitions for the reasons set forth 
in the 2012 final rules (see section III.A of the 2012 final preamble, 
77 FR 22850).

F. Equipment Leaks

    Following the promulgation of the 2012 final major and area source 
rules, the Vinyl Institute requested several clarifications on the 
equipment leak provisions in 40 CFR 63.11915 in a letter \13\ dated 
April 5, 2013. The Vinyl Institute said the requirements in the 2012 
final major and area source rules at 40 CFR 63.11915(a) are 
inconsistent with the EPA's conclusions discussed in the preamble to 
the 2012 final rules (77 FR 22848) because the rule text only 
references some of the requirements in 40 CFR part 63, subpart UU, 
despite the fact that the preamble to the 2012 final

[[Page 71504]]

rules says that MACT (for equipment leaks at existing and new major 
sources) as well as GACT (for equipment leaks at existing and new area 
sources) is compliance with 40 CFR part 63, subpart UU, for all 
equipment in HAP service as defined in 40 CFR 63.12005. Specifically, 
the Vinyl Institute said that in referencing provisions of 40 CFR part 
63, subpart UU, at 40 CFR 63.11915(a), the EPA excluded 40 CFR part 63, 
subpart UU, requirements for applicability (40 CFR 63.1019), and 
certain equipment, including: Pumps in light liquid service (40 CFR 
63.1026), agitators in gas and vapor service and in light liquid 
service (40 CFR 63.1028), and open-ended valves or lines (40 CFR 
63.1033). Additionally, the Vinyl Institute said the compliance options 
at 40 CFR 63.11915(b) are confusing and sometimes circular in 
relationship to the requirements in 40 CFR part 63, subpart UU. In 
particular, the Vinyl Institute said the compliance options at 40 CFR 
63.11915(b) allowing use of either double (dual) mechanical seals or 
sealless pumps to comply with 40 CFR part 63, subpart UU, are redundant 
to compliance options already allowed in 40 CFR 63.1026; therefore, the 
Vinyl Institute requested that the EPA remove this redundancy from 40 
CFR 63.11915(b).
---------------------------------------------------------------------------

    \13\ Refer to the letter titled Clarification on Certain 
Provisions in the National Emission Standards for Hazardous Air 
Pollutants for Polyvinyl Chloride and Copolymer Production (``PVC 
MACT''), from the Vinyl Institute to Andrea Siefers, U.S. EPA, dated 
April 5, 2013, available in the docket for this rulemaking (see 
Docket Item No. EPA-HQ-OAR-2002-0037-0560).
---------------------------------------------------------------------------

    The EPA agrees with the Vinyl Institute that the requirements in 
the 2012 final major and area source rules at 40 CFR 63.11915(a) do not 
properly reflect the EPA's MACT and GACT conclusions discussed in the 
preamble to the 2012 final rules (77 FR 22848) regarding compliance 
with 40 CFR part 63, subpart UU, for all equipment in HAP service as 
defined in 40 CFR 63.12005. Therefore, for consistency with the EPA's 
MACT and GACT conclusions discussed in the preamble to the 2012 final 
major and area source rules (77 FR 22848), we are proposing to revise 
40 CFR 63.11915(a) to include the requirements from 40 CFR part 63, 
subpart UU, that are inadvertently missing from the 2012 final rules, 
including: Applicability requirements (40 CFR 63.1019(a), and (c) 
through (f)), requirements for pumps in light liquid service (40 CFR 
63.1026), requirements for agitators in gas and vapor service and in 
light liquid service (40 CFR 63.1028), and requirements for open-ended 
valves or lines (40 CFR 63.1033).
    Also, we are proposing to remove all of the requirements in 40 CFR 
63.11915(b) because we have determined that these requirements were 
inadvertently published in the 2012 final major and area source rules 
in error. We agree with the Vinyl Institute that the requirements in 40 
CFR 63.11915(b) are confusing, and sometimes redundant or circular, in 
relationship to the requirements in 40 CFR part 63, subpart UU. In 
fact, the preamble to the 2012 final major and area source rules (77 FR 
22848) makes it clear that the ``proposed requirement (at 40 CFR 
63.11915(b)) that reciprocating pumps, reciprocating and rotating 
compressors and agitators be equipped with double seals, or equivalent, 
was in error. In the final rules, we have adopted the MACT floor level 
of control for equipment leaks for all components (which is compliance 
with 40 CFR part 63, subpart UU), which gives affected sources the 
option of installing double seals, or equivalent, or complying with the 
LDAR requirements of the equipment leak standards.''
    In addition, in a letter \14\ dated May 27, 2020, the Vinyl 
Institute requested that the EPA clarify whether the 2012 final major 
and area source rules require a release indicator to be installed 
directly on each PRD. More specifically, the Vinyl Institute requested 
that the EPA revise 40 CFR 63.11915(c)(1)(i) to allow the installation 
of a release indicator in series with the PRD or in combination with 
other sensors and monitoring systems in series with the PRD (in lieu of 
requiring a release indicator be installed directly on each PRD). The 
Vinyl Institute argued that it is not necessary for the release 
indicator to be installed ``directly'' on the PRD in order to determine 
whether an emission release has occurred. The Vinyl Institute said 
facilities use a variety of sensor combinations and/or monitoring 
systems (that are not always installed ``directly'' on the PRD, but 
rather in series with the PRD) in order to determine whether an 
emission release from a PRD has occurred.
---------------------------------------------------------------------------

    \14\ Refer to the letter titled RE: Description of Pressure 
Relief Device Monitoring Practices for PVC Facilities, from the 
Vinyl Institute to Jennifer Caparoso, U.S. EPA, dated May 27, 2020, 
available in the docket for this rulemaking.
---------------------------------------------------------------------------

    It was not our intent to require only direct installation of a 
release indicator on the PRD. Therefore, we are proposing to revise 40 
CFR 63.11915(c) to clarify the PRD requirements that are beyond those 
required in 40 CFR part 63, subpart UU; and to clarify that a release 
indicator may either be installed on each PRD or installed on the 
associated process or piping system in such a way that it will indicate 
when an emission release has occurred. We are proposing that the 
release indicator device or system can include, but is not limited to, 
a rupture disk indicator, magnetic sensor, motion detector on the 
pressure relief valve stem, flow monitor, or pressure monitor. We are 
also clarifying in 40 CFR 63.11915(c)(1)(i) that the vinyl chloride 
monitoring system required in 40 CFR 63.11956 is not considered a 
release indicator for purposes of complying with 40 CFR 
63.11915(c)(1)(i).
    Also, although 40 CFR part 63, subpart UU, references the closed 
vent system requirements in 40 CFR part 63, subpart SS, we are 
proposing at 40 CFR 63.11915(d) that if the affected source routes 
emissions from equipment in HAP service through a closed vent system to 
a control device, or back into the process or a fuel gas system, then 
the affected source must comply with 40 CFR 63.11930 in lieu of the 
closed vent system requirements specified in 40 CFR 63.983 of subpart 
SS, and the recordkeeping and reporting requirements associated with 40 
CFR 63.983 of subpart SS do not apply. Alternatively, we are proposing 
an option that allows the affected source to comply with the control 
device and closed vent system requirements for process vents, provided 
that the emissions from equipment are vented to the same closed vent 
system and control device that is also used to comply with the process 
vent emission limits. This proposed change streamlines all closed vent 
system requirements within the rule by preventing an owner or operator 
from having to comply with more than one set of closed vent system 
requirements (e.g., the current rule requires owners or operators of 
equipment to comply with the closed vent system requirements at 40 CFR 
63.983 pursuant to 40 CFR 63.1034, yet owners or operators of a process 
vent must comply with the closed vent system requirements at 40 CFR 
63.11930). Also, this proposed change (i.e., to comply with 40 CFR 
63.11930 for affected sources that route emissions from equipment in 
HAP service through a closed vent system to a control device, or back 
into the process or a fuel gas system) would not allow the affected 
source to bypass the air pollution control device at any time, and if a 
bypass is used, then the affected source would be required to estimate 
and report the quantity of vinyl chloride and total HAP released (see 
40 CFR 63.11930(c) and 40 CFR 63.11985(b)(10), respectively). We are 
proposing this change because bypassing an air pollution control device 
could result in a release of regulated HAP to the atmosphere and to be 
consistent with Sierra Club v. EPA, 551 F.3d 1019 (D.C. Cir. 2008), 
where the court determined that standards under CAA section 112(d) must 
provide for compliance at

[[Page 71505]]

all times. We are also proposing at 40 CFR 63.11930(c) that any open-
ended valve or line in the closed vent system that is equipped with a 
cap, blind flange, plug, or second valve which operates to seal the 
line at all times is not subject to the bypass requirements.
    Finally, we are proposing at 40 CFR 63.11915(e) to make references 
that are related to startup, shutdown, and malfunction (SSM) exemptions 
for equipment leak requirements in 40 CFR part 63, subparts SS and UU, 
no longer applicable. Consistent with Sierra Club v. EPA, we are 
proposing standards in this rule that apply at all times. In its 2008 
decision in Sierra Club v. EPA, 551 F.3d 1019 (D.C. Cir. 2008), the 
court vacated portions of two provisions in the EPA's CAA section 112 
regulations governing the emissions of HAP during periods of SSM. 
Specifically, the court vacated the SSM exemptions contained in 40 CFR 
63.6(f)(1) and (h)(1), holding that under section 302(k) of the CAA, 
emissions standards or limitations must be continuous in nature and 
that the SSM exemptions violate the CAA's requirement that CAA section 
112 standards apply continuously.
    The EPA is soliciting comment on all of the proposed changes 
discussed in this section of the preamble (i.e., proposed changes to 
the equipment leak requirements in 40 CFR 63.11915). We note that all 
of these proposed changes are also being proposed for the 2012 area 
source rule at 40 CFR 63.11142(f)(6) because 40 CFR 63.11915 is 
referenced in those requirements. Given that owners and operators are 
already complying with the control device and closed vent system 
requirements for process vents, we estimate that there would be no 
impact on any facility for making these changes. In other words, if the 
affected source chooses to route emissions from equipment in HAP 
service through a closed vent system to a control device (to comply 
with the equipment leak standards), we believe the affected source is 
likely to use the same existing closed vent system and control device 
being used to comply with the process vent standards.

G. Closed Vent Systems

    We are proposing amendments to the closed vent system requirements 
in 40 CFR 63.11930 that clarify applicability. The requirement at 40 
CFR 63.11930(a) is misleading because it states that the closed vent 
system requirements in 40 CFR 63.11930 are exclusively for closed vent 
systems used to route emissions from process vents; however, as 
specified elsewhere in the 2012 final major and area source rules, 
closed vent systems used to route emissions from other sources (e.g., 
stripped resin, process wastewater, storage vessels) are also subject 
to the closed vent system requirements in 40 CFR 63.11930. Therefore, 
we are proposing to clarify 40 CFR 63.11930(a) to specify that if the 
affected source uses a closed vent system to comply with an emission 
limit in Table 1 or 2 to 40 CFR part 63, subpart DDDDDD, or an emission 
limit in Table 1, 1b, 2, 2b, or 3 to 40 CFR part 63, subpart HHHHHHH, 
or to comply with the requirements in 40 CFR 63.11910, 40 CFR 63.11915, 
or 40 CFR 63.11955, then the affected source must comply with the 
closed vent system requirements in 40 CFR 63.11930. In other words, our 
proposal makes clear that if a closed vent system is being used to 
comply with any of the PVC production standards (i.e., the process 
vent, stripped resin, process wastewater, storage vessel, equipment 
leak, or other emission source standards in 40 CFR part 63, subpart 
DDDDDD or HHHHHHH), then 40 CFR 63.11930 applies. For the same reasons, 
we are also proposing to amend 40 CFR 63.11930(b) (i.e., the 
requirement that each closed vent system be designed and operated to 
collect HAP vapors and route the collected vapors to a control device) 
applies to all emission sources that route emissions through a closed 
vent system to a control device, a fuel gas system, or process.
    The EPA is soliciting comment on all of the proposed changes 
discussed in this section of the preamble (i.e., proposed changes to 
the closed vent system requirements in 40 CFR 63.11930). We note that 
all of these proposed changes are also being proposed for the 2012 area 
source rule at 40 CFR 63.11142(f)(9) because 40 CFR 63.11930 is 
referenced in those requirements. Given that owners and operators are 
already complying with 40 CFR 63.11930 for emissions sources other than 
process vents (e.g., stripped resin, process wastewater, and storage 
tanks), we estimate that there would be no impact on any facility for 
making this change.

H. Affirmative Defense

    In the 2012 final major and area source rules, the EPA included an 
affirmative defense to civil penalties for violations caused by 
malfunctions (see 40 CFR 63.11895) in an effort to create a system that 
incorporated some flexibility, recognizing that there is a tension, 
inherent in many types of air regulation, to ensure adequate compliance 
while simultaneously recognizing that despite the most diligent of 
efforts, emission standards may be violated under circumstances 
entirely beyond the control of the source. Although the EPA recognized 
that its case-by-case enforcement discretion provides sufficient 
flexibility in these circumstances, it included the affirmative defense 
to provide a more formalized approach and more regulatory clarity. See 
Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1057-58 (D.C. Cir. 1978) 
(holding that an informal case-by-case enforcement discretion approach 
is adequate); but see Marathon Oil Co. v. EPA, 564 F.2d 1253, 1272-73 
(9th Cir. 1977) (requiring a more formalized approach to consideration 
of ``upsets beyond the control of the permit holder.''). Under the 
EPA's regulatory affirmative defense provisions, if a source could 
demonstrate in a judicial or administrative proceeding that it had met 
the requirements of the affirmative defense in the regulation, civil 
penalties would not be assessed. However, the court vacated the 
affirmative defense in one of the EPA's CAA section 112 regulations. 
NRDC v. EPA, 749 F.3d 1055 (D.C. Cir., 2014) (vacating affirmative 
defense provisions in the CAA section 112 rule establishing emission 
standards for Portland cement kilns). The court found that the EPA 
lacked authority to establish an affirmative defense for private civil 
suits and held that under the CAA, the authority to determine civil 
penalty amounts in such cases lies exclusively with the courts, not the 
EPA. Specifically, the court found: ``As the language of the statute 
makes clear, the courts determine, on a case-by-case basis, whether 
civil penalties are `appropriate.''' See NRDC at 1063 (``[U]nder this 
statute, deciding whether penalties are `appropriate' in a given 
private civil suit is a job for the courts, not EPA.'').\15\ In light 
of NRDC, the EPA is proposing to remove all of the regulatory 
affirmative defense provisions from 40 CFR part 63, subpart DDDDDD 
(i.e., the reference to ``Sec.  63.11895'' in 40 CFR 63.11142(f)(2)), 
and 40 CFR part 63, subpart HHHHHHH (i.e., 40 CFR 63.11895 in its 
entirety and all other rule text that references 40 CFR 63.11895). As 
explained above, if a source is unable to comply with emissions 
standards as a result of a malfunction, the EPA may use its case-by-
case enforcement discretion to provide flexibility, as appropriate. 
Further, as the court recognized, in an EPA or citizen enforcement 
action, the court has the discretion to consider any

[[Page 71506]]

defense raised and determine whether penalties are appropriate. Cf. 
NRDC, at 1064 (arguments that violation was caused by unavoidable 
technology failure can be made to the courts in future civil cases when 
the issue arises). The same is true for the presiding officer in EPA 
administrative enforcement actions.\16\
---------------------------------------------------------------------------

    \15\ The court's reasoning in NRDC focuses on civil judicial 
actions. The court noted that ``EPA's ability to determine whether 
penalties should be assessed for CAA violations extends only to 
administrative penalties, not to civil penalties imposed by a 
court.'' Id.
    \16\ Although the NRDC case does not address the EPA's authority 
to establish an affirmative defense to penalties that are available 
in administrative enforcement actions, we are not including such an 
affirmative defense in the proposed rule. As explained above, such 
an affirmative defense is not necessary. Moreover, assessment of 
penalties for violations caused by malfunctions in administrative 
proceedings and judicial proceedings should be consistent. Cf. CAA 
section 113(e) (requiring both the Administrator and the court to 
take specified criteria into account when assessing penalties).
---------------------------------------------------------------------------

I. Other Technical Corrections and Clarifications

    There are a number of additional revisions that we are proposing to 
40 CFR part 63, subpart DDDDDD, and 40 CFR part 63, subpart HHHHHHH, to 
clarify text and correct typographical errors, grammatical errors, and 
cross-reference errors; and we request public comment on these 
revisions. These proposed editorial corrections and clarifications are 
summarized in Table 6 of this preamble. We note that although these 
proposed changes are being made directly in the major source rule, many 
of these proposed changes also result in revisions to the area source 
rule because 40 CFR part 63, subpart DDDDDD, references provisions in 
40 CFR part 63, subpart HHHHHHH.

 Table 6--Summary of Proposed Editorial and Minor Corrections to 40 CFR
       Part 63, Subpart DDDDDD and 40 CFR Part 63, Subpart HHHHHHH
------------------------------------------------------------------------
                                                         40 CFR part 63,
    40 CFR part 63, subpart        Proposed revision     subpart DDDDDD
       HHHHHHH provision                                  provision \1\
------------------------------------------------------------------------
Not applicable................  Replace ``are           40 CFR
                                 considered an           63.11140(b)(3).
                                 existing affected
                                 source'' with ``must
                                 comply with
                                 paragraphs (b)(3)(i)
                                 and (ii) of this
                                 section'' to clarify
                                 requirements.
40 CFR 63.11872...............  Revise heading to       Not applicable.
                                 ``What is the
                                 relationship to other
                                 regulations?'' to
                                 clarify content of 40
                                 CFR 63.11872.
                                Clarify that 40 CFR
                                 part 63, subpart J,
                                 does not apply to any
                                 source that is
                                 subject to the
                                 requirements of this
                                 subpart. 40 CFR part
                                 63, subpart J, was
                                 vacated by court
                                 action.
40 CFR 63.11896(b)............  Revise first sentence   40 CFR
                                 to be consistent with   63.11142(f)(3).
                                 the same phrasing
                                 used in 40 CFR
                                 63.11896(a).
40 CFR 63.11900(c)............  Replace ``the           40 CFR
                                 effective date of       63.11142(f)(4).
                                 publication of the
                                 final rule in the
                                 Federal Register''
                                 with ``compliance
                                 date specified in
                                 Sec.   63.11875'' to
                                 clarify compliance
                                 dates.
40 CFR 63.11900(d)............  Replace ``startup date  40 CFR
                                 of the affected         63.11142(f)(4).
                                 source or the
                                 effective date of
                                 publication of the
                                 final rule in the
                                 Federal Register,
                                 whichever is later,''
                                 with ``compliance
                                 date specified in
                                 Sec.   63.11875'' to
                                 clarify compliance
                                 dates.
40 CFR 63.11920(a)(3)(iii)....  Change ``Appendix A''   40 CFR
                                 to ``Appendix B'' to    63.11142(f)(7).
                                 correct typographical
                                 error.
40 CFR 63.11920(g)............  Replace ``repair        40 CFR
                                 action level'' with     63.11142(f)(7).
                                 ``delay of repair
                                 action level'' in two
                                 instances to clarify
                                 the requirement.
40 CFR 63.11920(h)(4)(ii).....  Change the unit of      40 CFR
                                 measurement for         63.11142(f)(7).
                                 ``Ddelay'' from
                                 ``days'' to ``hours''
                                 to correct
                                 typographical error.
40 CFR 63.11925(b)............  Replace ``Each batch    40 CFR
                                 process vent,           63.11142(f)(8).
                                 continuous process
                                 vent and
                                 miscellaneous vent,''
                                 with ``Each process
                                 vent as defined in
                                 Sec.   63.12005,'' to
                                 clarify the
                                 requirement applies
                                 to all process vents.
40 CFR 63.11925(c)(1).........  Remove the phrase       40 CFR
                                 ``upon promulgation     63.11142(f)(8).
                                 of a performance
                                 specification for
                                 hydrogen chloride
                                 CEMS,'' because
                                 performance
                                 specification for
                                 hydrogen chloride
                                 continuous emission
                                 monitoring systems
                                 (CEMS) has been
                                 promulgated at 40 CFR
                                 part 60, appendix B,
                                 performance
                                 specification 18.
40 CFR 63.11925(d)(2) and (3),  Replace ``For each      40 CFR
 and (e)(2).                     CEMS and CPMS           63.11142(f)(8).
                                 required or that you
                                 elect . . .'' with
                                 ``For each CPMS
                                 required or CEMS that
                                 you elect . . .'' to
                                 clarify CEMS is an
                                 option.
40 CFR 63.11925(e)(2).........  Refer to 40 CFR         40 CFR
                                 63.11935 in its         63.11142(f)(8).
                                 entirety instead of
                                 only paragraphs (b)
                                 and (c) to correct
                                 typographical error.
40 CFR 63.11925(f)............  Add ``Toxic             40 CFR
                                 equivalency limit''     63.11142(f)(8).
                                 to clarify title of
                                 paragraph.
40 CFR 63.11925(g)............  Remove ``continuous     40 CFR
                                 process vent,           63.11142(f)(8).
                                 miscellaneous vent
                                 and batch'' to
                                 clarify the
                                 requirement applies
                                 to all process vents.
40 CFR                          Remove ``(CHAP)'' to    40 CFR
 63.11925(g)(2)(iii)(B)(2)(ii).  correct typographical   63.11142(f)(8).
                                 error and clarify
                                 vinyl chloride is
                                 excluded for purposes
                                 of compliance with
                                 the paragraph.
40 CFR 63.11935(b)(5).........  Remove the sentence     40 CFR
                                 ``CEMS must record      63.11142(f)(10)
                                 data at least once      .
                                 every 15 minutes.''
                                 because it is
                                 redundant with the
                                 requirement in 40 CFR
                                 63.11935(b)(2).
40 CFR 63.11935(b)(6)(i)......  Clarify the             40 CFR
                                 promulgated             63.11142(f)(10)
                                 performance             .
                                 specification for HCl
                                 CEMS is 40 CFR part
                                 60, appendix B,
                                 performance
                                 specification 18 as
                                 well as requirements
                                 of 40 CFR part 60,
                                 appendix F, procedure
                                 6.
40 CFR 63.11935(b)(7)(i)......  Replace ``continuous    40 CFR
                                 emissions monitoring    63.11142(f)(10)
                                 system'' with the       .
                                 proper acronym
                                 ``CEMS.''.
40 CFR 63.11935(b)(7)(ii).....  Replace ``continuous    40 CFR
                                 emissions monitoring    63.11142(f)(10)
                                 system'' with the       .
                                 proper acronym
                                 ``CEMS.''.
40 CFR 63.11935(d)(2)(iii)....  Replace ``of'' with     40 CFR
                                 ``explaining'' to       63.11142(f)(10)
                                 clarify requirement.    .
40 CFR 63.11935(d)(3).........  Replace ``of'' with     40 CFR
                                 ``explaining'' to       63.11142(f)(10)
                                 clarify requirement.    .
40 CFR 63.11940(b)(3)(ii).....  Replace ``problems''    40 CFR
                                 with ``any of the       63.11142(f)(11)
                                 aforementioned          .
                                 conditions'' to
                                 clarify requirement.
                                Replace first instance
                                 of ``like or better
                                 kind and quality as''
                                 with ``like type or
                                 manufacturer as the
                                 old catalyst or is
                                 not as efficient as''
                                 to clarify
                                 requirement.
                                Replace second
                                 instance of ``like or
                                 better kind and
                                 quality as'' with
                                 ``like type or
                                 manufacturer as the
                                 old catalyst or is as
                                 efficient as or more
                                 efficient than'' to
                                 clarify requirement.
40 CFR 63.11940(c)(2)(ii).....  Add ``(100.4 degrees    40 CFR
                                 Fahrenheit)'' to        63.11142(f)(11)
                                 clarify conversion of   .
                                 degrees Celsius in
                                 degrees Fahrenheit.

[[Page 71507]]

 
40 CFR 63.11940(d)(1).........  Include ``and,'' and    40 CFR
                                 replace ``mass'' with   63.11142(f)(11)
                                 ``mass flow'' in        .
                                 first sentence to
                                 clarify requirement
                                 and remove the last
                                 sentence because it
                                 is redundant with the
                                 first sentence.
40 CFR 63.11945(b)............  Add requirement to      40 CFR
                                 record the process      63.11142(f)(12)
                                 information that is     .
                                 necessary to document
                                 operating conditions
                                 during the test.
40 CFR 63.11955(d)(1).........  Clarify that each       40 CFR
                                 gasholder must be       63.11142(f)(14)
                                 vented back into the    .
                                 process for reuse or
                                 routed to a closed
                                 vent system and
                                 control device
                                 meeting the
                                 requirements of 40
                                 CFR 63.11925 through
                                 63.11950. Most
                                 gasholders return
                                 recovered gas back to
                                 an enclosed process
                                 for reuse in the
                                 manufacturing process.
40 CFR 63.11980(a)(1).........  Replace ``maximum       40 CFR
                                 operating               63.11142(f)(17)
                                 conditions'' with       .
                                 ``maximum
                                 representative
                                 operating
                                 conditions'' to
                                 correct typographical
                                 error.
40 CFR 63.11985(b)(6).........  Revise reference from   40 CFR
                                 40 CFR 63.11990(j) to   63.11142(f)(18)
                                 40 CFR 63.11990(j)(2).  .
40 CFR 63.11985(b)(8)(ii).....  Remove entire           40 CFR
                                 requirement to          63.11142(f)(18)
                                 correct typographical   .
                                 error.
40 CFR 63.11985(b)(10)........  Remove ``but'' to       40 CFR
                                 correct typographical   63.11142(f)(18)
                                 error.                  .
                                Change ``Sec.  Sec.
                                 63.11910(c)(4)'' to
                                 ``Sec.
                                 63.11910(c)(3)'' to
                                 correct typographical
                                 error..
40 CFR 63.11985(c)(1).........  Add ``storage vessel''  40 CFR
                                 to clarify the type     63.11142(f)(18)
                                 of equipment            .
                                 inspection that a
                                 delegated agency may
                                 waive the requirement
                                 for notifications.
40 CFR 63.11985(c)(8).........  Add comma to correct    40 CFR
                                 typographical error.    63.11142(f)(18)
                                                         .
40 CFR 63.11985(c)(9)(i) and    Replace entire          40 CFR
 (ii).                           paragraphs with         63.11142(f)(18)
                                 standardized            .
                                 performance test
                                 reporting language.
40 CFR 63.11990(i)(5).........  Remove entire           40 CFR
                                 requirement to          63.11142(f)(19)
                                 correct typographical   .
                                 error.
40 CFR 63.12005...............  Remove definition of    40 CFR
                                 ``Container,''          63.11144(b).
                                 ``Corrective action
                                 plan,'' ``Operating
                                 day,'' ``Root cause
                                 analysis,''
                                 ``Solution process,''
                                 and ``Unloading
                                 operations'' because
                                 the terms are not
                                 used in the rule.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Batch process         63.11144(b).
                                 vent'' and
                                 ``Continuous process
                                 vent'' to add ``be''
                                 between ``to'' and
                                 ``routed'' to correct
                                 typographical error.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Dispersion            63.11144(b).
                                 process'' to mean a
                                 process for producing
                                 polyvinyl chloride
                                 resin using either
                                 emulsion or
                                 microsuspension.
                                 Emulsion
                                 polymerization uses
                                 water soluble
                                 initiators and is
                                 distinguished by
                                 metering in
                                 surfactants as the
                                 reaction progresses.
                                 In microsuspension
                                 polymerization,
                                 homogenizers are
                                 first mixed with a
                                 monomer outside of
                                 the polymerization
                                 reactor and oil
                                 soluble initiators
                                 are then added before
                                 charging the reactor.
                                 These two
                                 polymerization
                                 techniques produce
                                 fine particles,
                                 typically less than
                                 10 microns, with
                                 little or no
                                 porosity. Emulsifier
                                 levels vary but
                                 agitation is very
                                 mild compared to
                                 other PVC
                                 polymerization
                                 processes. The final
                                 product is dried to
                                 powder form.
                                This change is being
                                 proposed to keep
                                 ``dispersion'' as a
                                 broad subcategory, as
                                 some facilities make
                                 resins using both
                                 types of processes.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``First attempt at      63.11144(b).
                                 repair'' to clarify
                                 that monitoring as
                                 specified in Sec.
                                 63.1023(b) and (c)
                                 may be applicable.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Polyvinyl chloride    63.11144(b).
                                 and copolymers
                                 production process
                                 unit or PVCPU'' to
                                 clarify that finished
                                 resin product is
                                 stored in a ``vessel
                                 or storage silo'' by
                                 removing the word
                                 ``tank.''.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Polyvinyl chloride    63.11144(b).
                                 copolymer'' to
                                 clarify that a
                                 copolymer is
                                 comprised of one or
                                 more monomers and
                                 also distinguishes
                                 these monomers from
                                 additives used for
                                 stabilization and/or
                                 particle size
                                 control. Also, remove
                                 the word ``emulsion''
                                 and ``solution'' from
                                 the definition and
                                 clarify each process.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Polyvinyl chloride    63.11144(b).
                                 homopolymer'' to
                                 remove the word
                                 ``emulsion'' from the
                                 definition and
                                 clarify each process.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Process component''   63.11144(b).
                                 to replace ``units
                                 operations'' with
                                 ``unit operation'' to
                                 correct typographical
                                 error.
                                Revise definition of
                                 ``Process component''
                                 to clarify that
                                 ``Process components
                                 include equipment,
                                 pressure vessels,
                                 process condensers,
                                 process tanks,
                                 recovery devices, and
                                 resin strippers, as
                                 defined in this
                                 section.''.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Process condenser''   63.11144(b).
                                 to clarify that can
                                 apply to batch or
                                 continuous processes.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Product'' to mean a   63.11144(b).
                                 polymer produced
                                 using vinyl chloride
                                 monomer and varying
                                 in additives (e.g.,
                                 initiators,
                                 terminators, etc.);
                                 catalysts; or in the
                                 relative proportions
                                 of vinyl chloride
                                 monomer with one or
                                 more other monomers,
                                 and that is
                                 manufactured by a
                                 process unit. With
                                 respect to polymers,
                                 more than one recipe
                                 may be used to
                                 produce the same
                                 product, and there
                                 can be more than one
                                 grade of a product.
                                 Product also means a
                                 chemical that is not
                                 a polymer, which is
                                 manufactured by a
                                 process unit. By-
                                 products, isolated
                                 intermediates,
                                 impurities, wastes,
                                 and trace
                                 contaminants are not
                                 considered products.
                                This change is being
                                 proposed to be
                                 consistent with the
                                 definitions of
                                 ``Polyvinyl chloride
                                 copolymer'' and
                                 ``Polyvinyl chloride
                                 homopolymer''.
40 CFR 63.12005...............  Revise definition of    40 CFR
                                 ``Repaired'' to         63.11144(b).
                                 clarify that
                                 inspections from
                                 another subpart may
                                 be applicable.
40 CFR 63.12005...............  Remove the word         40 CFR
                                 ``emulsion'' and        63.11144(b).
                                 ``solution
                                 processes'' from the
                                 definition of ``Type
                                 of resin'' because
                                 the term is not used
                                 in the rule.

[[Page 71508]]

 
Table 5.......................  Revise flow to/from     40 CFR
                                 the control device of   63.11142(f)(2),
                                 any control device to   (8), (10), and
                                 replace ``Flow to/      (18).
                                 from the control
                                 device'' to
                                 ``Presence or absence
                                 of flow to/for the
                                 control device if
                                 flow could be
                                 intermittent,'' ``N/
                                 A'' with ``Indication
                                 of absence of flow--
                                 note that absence of
                                 flow can be
                                 determined when
                                 process is not
                                 operating using
                                 simulated flow'',
                                 ``Continuous'' with
                                 ``Episodic,'' ``N/A
                                 to ``Date and time
                                 when flow stops
                                 during process
                                 operation and when
                                 flow begins after
                                 stopping during
                                 process operation,''
                                 and ``Date and time
                                 of flow start and
                                 stop'' to ``Time
                                 period between flow
                                 stop and start'' to
                                 clarify what
                                 operating limit to
                                 establish during the
                                 initial performance
                                 test, minimum data
                                 recording frequency,
                                 and data averaging
                                 period for
                                 compliance,
                                 respectively.
Table 5.......................  Revise regeneration     40 CFR
                                 stream flow to          63.11142(f)(2),
                                 regenerative adsorber   (8), (10), and
                                 to replace ``N/A''      (18).
                                 with ``Every 15
                                 minutes'' to clarify
                                 minimum data
                                 recording frequency.
Table 5.......................  Revise adsorber bed     40 CFR
                                 temperature, minimum    63.11142(f)(2),
                                 temperature of          (8), (10), and
                                 regenerative adsorber   (18).
                                 to replace ``N/A''
                                 with ``Every 15
                                 minutes during
                                 regeneration cycle''
                                 to clarify minimum
                                 data recording
                                 frequency.
Table 5.......................  Replace ``vacuum and    40 CFR
                                 duratio of              63.11142(f)(2),
                                 regeneration'' with     (8), (10), and
                                 ``vacuum and duration   (18).
                                 of regeneration'' to
                                 correct typographical
                                 error.
                                Revise vacuum and
                                 duration of
                                 regeneration of
                                 regenerative adsorber
                                 to replace ``N/A''
                                 with ``Every 15
                                 minutes during
                                 regeneration cycle''
                                 to clarify minimum
                                 data recording
                                 frequency.
Table 5.......................  Revise regeneration     40 CFR
                                 frequency of            63.11144(f)(2),
                                 regenerative adsorber   (8), (10), and
                                 to replace ``N/A''      (18).
                                 with ``Date and time
                                 of regeneration start
                                 and stop'' to clarify
                                 minimum data
                                 recording frequency.
Table 5.......................  Revise adsorber         40 CFR
                                 operation valve         63.11142(f)(2),
                                 sequencing and cycle    (8), (10), and
                                 time of regenerative    (18).
                                 adsorber to replace
                                 ``N/A'' with
                                 ``Daily'' to clarify
                                 data averaging period
                                 for compliance.
Table 5.......................  Revise average          40 CFR
                                 adsorber bed life of    63.11142(f)(2),
                                 non-regenerative        (8), (10), and
                                 adsorber to replace     (18).
                                 ``N/A'' with
                                 ``Adsorber bed change-
                                 out time [N/A for
                                 initial performance
                                 test],'' ``N/A'' with
                                 ``Outlet VOC
                                 concentration,'' and
                                 ``N/A'' with
                                 ``Average time for
                                 three adsorber bed
                                 change-outs'' to
                                 clarify what
                                 operating limit to
                                 establish, minimum
                                 data recording
                                 frequency, and data
                                 averaging period for
                                 compliance,
                                 respectively.
                                Replace ``Daily until
                                 breakthrough for 3
                                 absorber bed change-
                                 outs'' with ``Daily
                                 until breakthrough
                                 for three absorber
                                 bed change-outs'' to
                                 correct typographical
                                 error.
Table 5.......................  Revise Outlet VOC       40 CFR
                                 concentration of the    63.11142(f)(2),
                                 first adsorber bed in   (8), (10), and
                                 series of non-          (18).
                                 regenerative adsorber
                                 to replace ``N/A''
                                 with ``Outlet VOC
                                 concentration'' to
                                 clarify data
                                 recording frequency.
------------------------------------------------------------------------
\1\ Several of the proposed revisions described in this table for 40 CFR
  part 63, subpart HHHHHHH, are also being proposed for 40 CFR part 63,
  subpart DDDDDD, because the 40 CFR part 63, subpart HHHHHHH provision,
  is referenced in the 40 CFR part 63, subpart DDDDDD provision,
  identified in this column.

IV. Summary of Cost, Environmental, and Economic Impacts

    We estimate that the proposed amendments will result in HAP 
emissions reductions of 34 tpy with an overall total capital savings of 
$0.033 million and an associated total annualized cost of $0.39 
million. These estimated emission reductions as well as the increase in 
annualized costs are a result of the proposed revisions to emission 
limits in the 2012 major source rule for process vents and process 
wastewater (there is additional operations and maintenance costs of the 
control equipment and steam strippers that are related to the proposed 
emission limits). The estimated cost savings are a result of our 
proposal to eliminate the process wastewater TOHAP emission limit in 
the 2012 major source rule (there is a decrease in initial and annual 
costs of testing and monitoring). The details of the cost analyses and 
emissions reductions estimates are provided in the memorandum, 
Technical Analysis and Documentation to Support EPA's Reconsideration 
of 40 CFR part 63 Subpart HHHHHHH National Emission Standards for the 
Polyvinyl Chloride and Copolymers (PVC) Production Source Category, 
which is available in the docket for this rulemaking. Estimates of the 
economic impacts for the proposal are estimated in terms of the 
annualized cost of compliance as a percent of the revenues for the six 
ultimate parent owners of the 14 facilities expected to incur impacts 
as a result of this proposal. No ultimate parent owner is expected to 
incur annualized cost of compliance of more than 0.003 percent of their 
revenues. The median cost to revenue impact is about 0.001 percent. One 
ultimate parent company is expected to experience a savings in 
compliance costs associated with the proposal. For more information on 
these economic impacts, refer to the Economic Impact Analysis for the 
NESHAP for Polyvinyl Chloride and Copolymers Production: 
Reconsideration Proposal, which is in the docket for this rulemaking.

V. 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 not a significant regulatory action and was, 
therefore, not submitted to the OMB for review.

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

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in these proposed rules have 
been submitted for approval to OMB under the PRA, as discussed for each 
rule

[[Page 71509]]

covered by this action in sections V.C.1 and 2 of this preamble.
1. PVC Major Source NESHAP
    The ICR document that the EPA prepared has been assigned EPA ICR 
number 2432.05. You can find a copy of the ICR in the docket for this 
rule (Docket ID No. EPA-HQ-OAR-2002-0037), and it is briefly summarized 
here.
    The EPA is proposing amendments to 40 CFR part 63, subpart HHHHHHH, 
to address petitions for reconsideration as described in section III of 
this preamble. This ICR documents the recordkeeping and reporting 
requirements and incremental burden imposed by the proposed amendments 
only. In summary, there is a decrease in the burden hours and cost in 
this ICR due to the elimination of wastewater TOHAP testing 
requirements that are associated with our proposed revisions to 
emission limits for process wastewater.
    Respondents/affected entities: Owners or operators of PVC 
production major source facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart HHHHHHH).
    Estimated number of respondents: 14 (total).
    Frequency of response: Semiannual and annual.
    Total estimated burden: Reduction of 2,170 hours (per year). Burden 
is defined at 5 CFR 1320.3(b).
    Total estimated cost: Savings of $388,000 (per year), which 
includes a savings of $134,000 annualized capital or operation and 
maintenance costs.
2. PVC Area Source NESHAP
    The ICR document that the EPA prepared has been assigned EPA ICR 
number 2454.04. You can find a copy of the ICR in the docket for this 
rule (Docket ID No. EPA-HQ-OAR-2002-0037), and it is briefly summarized 
here.
    The EPA is proposing amendments to 40 CFR part 63, subpart DDDDDD, 
to address petitions for reconsideration as described in section III of 
this preamble. This ICR documents the recordkeeping and reporting 
requirements and incremental burden imposed by the proposed amendments 
only. In summary, there is a decrease in the burden hours and cost in 
this ICR due to the elimination of wastewater TOHAP testing 
requirements that are associated with our proposed revisions to 
emission limits for process wastewater.
    Respondents/affected entities: Owners or operators of PVC 
production area source facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart DDDDDD).
    Estimated number of respondents: Three (total).
    Frequency of response: Semiannual and annual.
    Total estimated burden: Reduction of 340 hours (per year). Burden 
is defined at 5 CFR 1320.3(b).
    Total estimated cost: Savings of $61,000 (per year), which includes 
a savings of $21,000 annualized capital or operation and maintenance 
costs.
    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 IRA_submission@omb.eop.gov, 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 December 9, 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 not impose any requirements on small entities. There are no 
small entities among those affected by this proposal.

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. While this action 
creates an enforceable duty on the private sector, the annual cost does 
not exceed $100 million or more.

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. It will not have substantial new direct effects 
on tribal governments, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

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

    This action does not involve any new technical standards from those 
contained in the 2012 final rules. Therefore, the EPA did not consider 
the use of any voluntary consensus standards.
    The SW-846 methods included in Sec.  63.11960 were previously 
approved for incorporation in that section and no changes are proposed.

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 (59 FR 7629, February 16, 1994).

[[Page 71510]]

    The environmental justice finding in the 2012 final major and area 
source rules remains relevant in this action, which seeks comments on 
proposed amendments to 40 CFR part 63, subparts DDDDDD and HHHHHHH, 
that are mainly corrections to existing rule requirements and major 
source emission limits raised by stakeholders.

List of Subjects in 40 CFR Part 63

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

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA 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 DDDDDD--National Emission Standards for Hazardous Air 
Pollutants for Polyvinyl Chloride and Copolymers Production Area 
Sources

0
2. Section 63.11140 is amended by revising paragraphs (b)(2) 
introductory text, (b)(3) introductory text, and (c) to read as 
follows:


Sec.  63.11140  Am I subject to this subpart?

* * * * *
    (b) * * *
    (2) Except as specified in paragraph (b)(3) of this section, an 
affected source is new if you commenced construction, or reconstruction 
of the affected source between October 6, 2006, and May 20, 2011.
* * * * *
    (3) If you are a new affected source as specified in paragraph 
(b)(2) of this section that commenced construction or reconstruction 
between October 6, 2006, and May 20, 2011, then after April 17, 2012, 
you must comply with paragraphs (b)(3)(i) and (ii) of this section.
* * * * *
    (c) This subpart does not apply to research and development 
facilities, as defined in section 112(c)(7) of the Clean Air Act.
* * * * *
0
3. Section 63.11141 is amended by adding paragraph (f) to read as 
follows:


Sec.  63.11141  What are my compliance dates?

* * * * *
    (f) All affected sources that commenced construction or 
reconstruction on or before May 20, 2011, must be in compliance with 
Sec.  63.11142(g) by [date 3 years after date of publication of final 
rule in the Federal Register]. All affected sources that commenced 
construction or reconstruction after May 20, 2011, must be in 
compliance with Sec.  63.11142(g) upon [date of publication of final 
rule in the Federal Register] or initial startup, whichever is later.
0
4. Section 63.11142 is amended by revising paragraphs (b), (f) 
introductory text, and (f)(2) and (9) and adding paragraph (g) to read 
as follows:


Sec.  63.11142  What are the standards and compliance requirements for 
new and existing sources?

* * * * *
    (b) Except as specified in paragraph (g) of this section, you must 
comply with each emission limit and standard specified in Table 1 to 
this subpart that applies to your existing affected source, and you 
must comply with each emission limit and standard specified in Table 2 
to this subpart that applies to your new affected source.
* * * * *
    (f) You must meet the requirements of the applicable sections of 
subpart HHHHHHH of this part, as specified in paragraphs (f)(1) through 
(19) of this section, except for the purposes of complying with this 
subpart, where the applicable sections of subpart HHHHHHH of this part, 
as specified in paragraphs (f)(1) through (19) of this section 
reference Table 1, 1b, 2, or 2b to subpart HHHHHHH of this part, 
reference is made to Table 1 or Table 2 to this subpart.
* * * * *
    (2) You must comply with the requirements of Sec.  63.11890(a) 
through (d).
* * * * *
    (9) If you use a closed vent system to comply with paragraph (b) or 
(g) of this section, or to comply with the requirements in Sec.  
63.11910, Sec.  63.11915, or Sec.  63.11955, then you must meet the 
requirements of Sec.  63.11930 for closed vent systems.
* * * * *
    (g) Beginning no later than the compliance dates specified in Sec.  
63.11141(f), the emission limits for PVC-combined process vents in 
Tables 1 and 2 to this subpart no longer apply; instead, you must 
comply with the emission limits for PVC-combined process vents in 
Tables 1b and 2b to subpart HHHHHHH of this part. At any time before 
the compliance dates specified in Sec.  63.11141(f), you may choose to 
comply with the emission limits for PVC-combined process vents in 
Tables 1b and 2b to subpart HHHHHHH of this part in lieu of the 
emission limits for PVC-combined process vents in Tables 1 and 2 to 
this subpart.
0
5. Table 1 to subpart DDDDDD of part 63 is revised to read as follows:

        Table 1 to Subpart DDDDDD of Part 63--Emission Limits and Standards for Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
PVC process vents \a\................  Vinyl chloride.........  All resin types........  5.3 parts per million
                                                                                          by volume (ppmv).
                                       Total hydrocarbons.....  All resin types........  46 ppmv measured as
                                                                                          propane.
                                       Total organic HAP \b\..  All resin types........  140 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.13 nanograms per dry
                                        equivalency basis).                               standard cubic meter
                                                                                          (ng/dscm).
PVC-combined process vents \a\ \c\...  Vinyl chloride.........  All resin types........  0.56 ppmv.
                                       Total hydrocarbons.....  All resin types........  2.3 ppmv measured as
                                                                                          propane.
                                       Total organic HAP \b\..  All resin types........  29 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.076 ng/dscm.
                                        equivalency basis).
Stripped resin.......................  Vinyl chloride.........  Bulk resin.............  7.1 parts per million
                                                                                          by weight (ppmw); or
                                                                                          0.0071 grams per
                                                                                          kilogram of product
                                                                                          resin, dry basis (g/
                                                                                          kg).
                                                                Dispersion resin.......  1,500 ppmw; or 1.5 g/
                                                                                          kg.
                                                                Suspension resin.......  36 ppmw; or 0.036 g/kg.
                                                                Suspension blending      140 ppmw; or 0.14 g/kg.
                                                                 resin.

[[Page 71511]]

 
                                                                Copolymer resin........  790 ppmw; or 0.79 g/kg.
                                       Total non-vinyl          Bulk resin.............  170 ppmw; or 0.17 g/kg.
                                        chloride organic HAP.
                                                                Dispersion resin.......  320 ppmw; or 0.32 g/kg.
                                                                Suspension resin.......  36 ppmw; or 0.036 g/kg.
                                                                Suspension blending      500 ppmw; or 0.50 g/kg.
                                                                 resin.
                                                                Copolymer resin........  1,900 ppmw; or 1.9 g/
                                                                                          kg.
Process Wastewater...................  Vinyl chloride.........  All resin types........  2.1 ppmw.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3-percent oxygen, dry basis.
\b\ Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP
  limit.
\c\ Beginning on the date specified in Sec.   63.11141(f), these limits no longer apply; instead as specified in
  Sec.   63.11142(g), the limits in Table 1b to subpart HHHHHHH of this part apply.

0
6. Table 2 to subpart DDDDDD of Part 63 is revised to read as follows:

          Table 2 to Subpart DDDDDD of Part 63--Emission Limits and Standards for New Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
PVC process vents \a\................  Vinyl chloride.........  All resin types........  5.3 parts per million
                                                                                          by volume (ppmv).
                                       Total hydrocarbons.....  All resin types........  46 ppmv measured as
                                                                                          propane.
                                       Total organic HAP \b\..  All resin types........  140 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.13 nanograms per dry
                                        equivalency basis).                               standard cubic meter
                                                                                          (ng/dscm).
PVC-combined process vents \a\ \c\...  Vinyl chloride.........  All resin types........  0.56 ppmv.
                                       Total hydrocarbons.....  All resin types........  2.3 ppmv measured as
                                                                                          propane.
                                       Total organic HAP \b\..  All resin types........  29 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.076 ng/dscm.
                                        equivalency basis).
Stripped resin.......................  Vinyl chloride.........  Bulk resin.............  7.1 parts per million
                                                                                          by weight (ppmw); or
                                                                                          0.0071 grams per
                                                                                          kilogram of product
                                                                                          resin, dry basis (g/
                                                                                          kg).
                                                                Dispersion resin.......  1,500 ppmw, or 1.5 g/
                                                                                          kg.
                                                                Suspension resin.......  36 ppmw; or 0.036 g/kg.
                                                                Suspension blending      140 ppmw; or 0.14 g/kg.
                                                                 resin.
                                                                Copolymer resin........  790 ppmw; or 0.79 g/kg.
                                       Total non-vinyl          Bulk resin.............  170 ppmw; or 0.17 g/kg.
                                        chloride organic HAP.
                                                                Dispersion resin.......  320 ppmw; or 0.32 g/kg.
                                                                Suspension resin.......  36 ppmw; or 0.036 g/kg.
                                                                Suspension blending      500 ppmw; or 0.50 g/kg.
                                                                 resin.
                                                                Copolymer resin........  1,900 ppmw; or 1.9 g/
                                                                                          kg.
Process Wastewater...................  Vinyl chloride.........  All resin types........  2.1 ppmw.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.
\b\ Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP
  limit.
\c\ Beginning on the date specified in Sec.   63.11141(f), these limits no longer apply; instead as specified in
  Sec.   63.11142(g), the limits in Table 2b to subpart HHHHHHH of this part apply.

Subpart HHHHHHH--National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyvinyl Chloride and Copolymers 
Production

0
7. Section 63.11865 is revised to read as follows:


Sec.  63.11865  Am I subject to the requirements in this subpart?

    You are subject to the requirements in this subpart if you own or 
operate one or more polyvinyl chloride and copolymers production 
process units (PVCPU) as defined in Sec.  63.12005 that are located at, 
or are part of, a major source of hazardous air pollutants (HAP) 
emissions as defined in Sec.  63.2. The requirements of this subpart do 
not apply to research and development facilities, as defined in section 
112(c)(7) of the Clean Air Act.
0
8. Section 63.11872 is revised to read as follows:


Sec.  63.11872  What is the relationship to other regulations?

    After the applicable compliance date specified in Sec.  
63.11875(a), (b), or (c), an affected source that is also subject to 
the provisions of other subparts in 40 CFR part 60 or this part is 
required to comply with this subpart and any other applicable subparts 
in 40 CFR part 60 or this part, except subpart J of this part does not 
apply to any source that is subject to the requirements of this 
subpart.
0
9. Section 63.11875 is amended by adding paragraph (e) to read as 
follows:


Sec.  63.11875  When must I comply with this subpart?

* * * * *
    (e) All affected sources that commenced construction or 
reconstruction on or before May 20, 2011, must be in compliance with 
Sec.  63.11880(d) by [date 3 years after date of publication of final 
rule in the Federal Register]. All affected sources that commenced 
construction or reconstruction after May 20, 2011, must be in 
compliance with Sec.  63.11880(d) upon [date of publication of final 
rule in the Federal Register] or initial startup, whichever is later.

[[Page 71512]]

0
10. Section 63.11880 is amended by revising paragraph (a) and adding 
paragraph (d) to read as follows:


Sec.  63.11880  What emission limits, operating limits and standards 
must I meet?

    (a) Except as specified in paragraph (d) of this section, you must 
comply with each emission limit and standard specified in Table 1 to 
this subpart that applies to your existing affected source, and you 
must comply with each emission limit and standard specified in Table 2 
to this subpart that applies to your new affected source.
* * * * *
    (d) Beginning no later than the compliance dates specified in Sec.  
63.11875(e), the emission limits specified in Tables 1 and 2 to this 
subpart no longer apply. Instead, you must comply with each emission 
limit and standard specified in Table 1b to this subpart that applies 
to your existing affected source, and you must comply with each 
emission limit and standard specified in Table 2b to this subpart that 
applies to your new affected source. At any time before the compliance 
dates specified in Sec.  63.11875(e), you may choose to comply with the 
emission limits in Tables 1b and 2b to this subpart in lieu of the 
emission limits in Tables 1 and 2 to this subpart.
0
11. Section 63.11890 is amended by revising paragraphs (d)(2) and (3) 
and (d)(5)(iv) to read as follows:


Sec.  63.11890  What are my additional general requirements for 
complying with this subpart?

* * * * *
    (d) * * *
    (2) When a performance test indicates that emissions of a pollutant 
in Table 1, 1b, 2, or 2b to this subpart are exceeding the emission 
standard for the pollutant specified in Table 1, 1b, 2, or 2b to this 
subpart.
    (3) When a 3-hour block average from a continuous emissions 
monitor, as required by Sec.  63.11925(c)(1) through (3), exceeds an 
emission limit in Table 1, 1b, 2, or 2b to this subpart.
* * * * *
    (5) * * *
    (iv) A closure device and all other leaks on a pressure vessel.
* * * * *


Sec.  63.11895  [Removed and Reserved]

0
12. Section 63.11895 is removed and reserved.
0
13. Section 63.11896 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  63.11896  What am I required to do if I make a process change at 
my affected source?

* * * * *
    (a) You must demonstrate that the changed process unit or component 
of the affected facility is in compliance with the applicable 
requirements for an existing affected source. You must demonstrate 
initial compliance with the emission limits and establish any 
applicable operating limits in Sec.  63.11880 within 180 days of the 
date of startup of the changed process unit or component of the 
affected facility. You must demonstrate compliance with any applicable 
work practice standards upon startup of the changed process unit or 
component of the affected facility.
    (b) You must demonstrate that the changed process unit or component 
of the affected facility is in compliance with the applicable 
requirements for a new affected source. You must demonstrate initial 
compliance with the emission limits and establish any applicable 
operating limits in Sec.  63.11880 within 180 days of the date of 
startup of the changed process unit or component of the affected 
facility. You must demonstrate compliance with any applicable work 
practice standards upon startup of the changed process unit or 
component of the affected facility.
* * * * *
0
14. Section 63.11900 is amended by revising paragraphs (a), (c), and 
(d) to read as follows:


Sec.  63.11900  By what date must I conduct initial performance testing 
and monitoring, establish any applicable operating limits and 
demonstrate initial compliance with my emission limits and work 
practice standards?

    (a) For existing affected sources, you must establish any 
applicable operating limits required in Sec.  63.11880 and demonstrate 
initial compliance with the emission limits and standards specified in 
Table 1 or 1b to this subpart and Table 3 to this subpart, as 
applicable, no later than 180 days after the compliance date specified 
in Sec.  63.11875 and according to the applicable provisions in Sec.  
63.7(a)(2).
* * * * *
    (c) For new or reconstructed affected sources, you must establish 
any applicable operating limits required in Sec.  63.11880, and 
demonstrate initial compliance with the emission limits and standards 
specified in Table 2 or 2b to this subpart and Table 3 to this subpart, 
as applicable, no later than 180 days after the compliance date 
specified in Sec.  63.11875 or within 180 days after startup of the 
source, whichever is later, according to Sec.  63.7(a)(2)(ix).
    (d) For new and reconstructed affected sources, you must 
demonstrate initial compliance with any applicable work practice 
standards required in Sec.  63.11880 no later than the compliance date 
specified in Sec.  63.11875 and according to the applicable provisions 
in Sec.  63.7(a)(2).
* * * * *
0
15. Section 63.11910 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(1) heading, 
(a)(1)(ii), and (a)(2)(ii);
0
b. Removing paragraph (a)(2)(iii);
0
c. Revising paragraph (a)(3)(ii);
0
d. Adding paragraph (a)(3)(iii);
0
e. Revising paragraphs (b), (c) introductory text, and (c)(1), (3), and 
(4); and
0
f. Adding paragraphs (d) and (e).
    The revisions and additions read as follows:


Sec.  63.11910  What are my initial and continuous compliance 
requirements for storage vessels?

* * * * *
    (a) Fixed roof storage vessels. Except as specified in paragraph 
(d) of this section, for each fixed roof storage vessel used to comply 
with the requirements specified in Table 3 to this subpart, you must 
meet the requirements in paragraphs (a)(1) through (4) of this section.
    (1) Closure requirements. * * *
    (ii) Each opening in the fixed roof must be equipped with a cover 
or other type of closure device designed to operate such that when the 
closure device is secured in the closed position there are no visible 
cracks, holes, gaps, or other open spaces in the closure device or 
between the perimeter of the opening and the closure device.
    (2) * * *
    (ii) You may open closure devices or remove the fixed roof under 
the conditions specified in paragraphs (a)(2)(ii)(A) and (B) of this 
section.
    (A) A closure device may be opened or the roof may be removed when 
needed to provide access for manual operations such as maintenance, 
inspection, sampling, or cleaning.
    (B) Opening of a conservation vent or similar type of vent that 
vents to the atmosphere (or allows air to enter the storage vessel) is 
allowed during normal operating conditions to maintain the tank 
internal operating pressure within tank design specifications. Normal 
operating conditions that may require these devices to open are during 
those times when the internal pressure of the storage vessel is outside 
the internal pressure operating range for the storage

[[Page 71513]]

vessel as a result of loading or unloading operations or diurnal 
ambient temperature fluctuations.
    (3) * * *
    (ii) If you determine parts of the roof are unsafe to inspect 
because operating personnel would be exposed to an imminent or 
potential danger as a consequence of such inspection, then the 
requirements specified in paragraph (a)(3)(i) of this section do not 
apply and you must comply with the requirements specified in paragraphs 
(a)(3)(ii)(A) and (B) of this section.
    (A) You must prepare and maintain at the plant site written 
documentation that identifies all parts of the fixed roof and any 
closure devices that are unsafe to inspect and explains why such parts 
are unsafe to inspect.
    (B) You must develop and implement a written plan and schedule to 
conduct inspections the next time alternative storage capacity becomes 
available and the storage vessel can be emptied or temporarily removed 
from service, as necessary, to complete the inspection. The required 
inspections must be performed as frequently as practicable, but do not 
need to be performed more than once per calendar year. Keep a copy of 
the written plan and schedule at the plant site, as specified in Sec.  
63.11990(b).
    (iii) Keep records of the date of each inspection, as required in 
paragraph (a)(3)(i) and (a)(3)(ii)(B) of this section. Provide 
notification of each inspection as specified in Sec.  63.11985(c)(1).
* * * * *
    (b) Floating roof storage vessels. For each floating roof storage 
vessel used to comply with the requirements specified in Table 3 to 
this subpart, you must meet all requirements of Sec. Sec.  63.1060 
through 63.1067 for internal floating roof storage vessels or external 
floating roof storage vessels, as applicable.
    (c) Pressure vessels. For each pressure vessel used to comply with 
the requirements specified in Table 3 to this subpart, you must meet 
the requirements in paragraphs (c)(1) through (4) of this section.
    (1) You must operate the pressure vessel as a closed system without 
emissions to the atmosphere. Vent streams sent to the process from 
pressure vessels, or purged from pressure vessels, must meet the 
requirements in paragraph (d)(4) of this section and Sec.  63.11925(a) 
and (b). You may also elect to vapor balance the pressure vessel during 
filling operations and comply with the requirements in paragraph (e) of 
this section.
* * * * *
    (3) The pressure vessel must be designed to operate with no 
detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background, at all times. Any such release (e.g., 
leak) constitutes a violation. You must conduct annual monitoring of 
each potential leak interface and each point on the pressure vessel 
through which HAP could potentially be emitted, using the procedures 
specified in Sec.  63.1023(b) and (c) and paragraphs (c)(3)(i) and (ii) 
of this section.
    (i) When Sec.  63.1023(b)(5) refers to ``when the equipment is in 
regulated material service or is in use with any other detectable 
material,'' it means ``when the pressure vessel is in HAP service'' for 
the purposes of this section.
    (ii) Section 63.1023(b)(6) does not apply for the purposes of this 
section.
    (4) You must comply with the recordkeeping provisions specified in 
Sec.  63.11990(b)(4) and the reporting provisions specified in Sec.  
63.11985(a)(1) and (b)(1) and (10).
    (d) Fixed roof storage vessels vented to a closed vent system and 
control device. For each fixed roof storage vessel that vents to a 
closed vent system and control device to comply with the requirements 
specified in Table 3 to this subpart, you must meet the requirements in 
paragraphs (a)(1) and (3) and (d)(1) through (3) of this section. In 
lieu of complying with the requirements specified in paragraphs (d)(1) 
through (3) of this section, you may elect to route emissions back to 
the process and comply with the requirements in paragraph (d)(4) of 
this section. During filling operations, in lieu of complying with the 
requirements specified in paragraphs (d)(1) through (3) of this 
section, you may elect to vapor balance the storage vessel and comply 
with the requirements in paragraph (e) of this section.
    (1) Except as specified in paragraph (d)(2) of this section, you 
must develop a control device operating plan containing the information 
listed in paragraphs (d)(1)(i) and (ii) of this section and meet the 
requirements specified in Sec.  63.11930. You must then operate the 
control device and monitor the parameters of the control device in 
accordance with the operating plan. You must not use a flare to comply 
with the 95 weight percent HAP reduction requirement in Table 3 to this 
subpart.
    (i) The documentation demonstrating that the control device will 
achieve the required control efficiency during maximum loading 
conditions is to include a description of the gas stream which enters 
the control device, including flow and HAP content under varying liquid 
level conditions (dynamic and static) and manufacturer's design 
specifications for the control device. If the control device or the 
closed vent system receives vapors, gases, or liquids other than fuels 
from sources that are not fixed roof storage vessels, then the 
efficiency demonstration is to include consideration of all vapors, 
gases, and liquids received by the closed vent capture system and 
control device. If an enclosed combustion device with a minimum 
residence time of 0.75 seconds and a minimum temperature of 816 degrees 
Celsius (1,501 degrees Fahrenheit) is used to meet the 95-percent 
requirement, documentation that those conditions will exist is 
sufficient to meet the requirements of this paragraph (d)(1)(i).
    (ii) A description of the parameter or parameters to be monitored 
to ensure that the control device will be operated in conformance with 
its design and an explanation of the criteria used for selection of 
that parameter (or parameters).
    (2) If the storage vessel is vented to a closed vent system and 
control device that is also used to comply with the process vent 
emission limits in Table 1, 1b, 2, or 2b to this subpart and you are 
meeting the requirements in Sec. Sec.  63.11925 through 63.11950 for 
the closed vent system and control device, then you are not required to 
comply with the requirements specified in paragraph (d)(1) of this 
section.
    (3) During periods of planned routine maintenance of a control 
device, operate the storage vessel in accordance with paragraphs 
(d)(3)(i) and (ii) of this section. You must keep the records specified 
in Sec.  63.11990(b)(6).
    (i) Do not add material to the storage vessel during periods of 
planned routine maintenance.
    (ii) Limit periods of planned routine maintenance for each control 
device to no more than 360 hours per year.
    (4) If you route emissions from a storage vessel back to the 
process to comply with the requirements specified in Table 3 to this 
subpart, you must meet the requirements in paragraphs (d)(4)(i) through 
(iii) of this section.
    (i) The HAP in the emissions must meet one or more of the 
conditions specified in paragraphs (d)(4)(i)(A) through (D) of this 
section.
    (A) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (B) Transformed by chemical reaction into materials that are not 
HAP;
    (C) Incorporated into a product; and/or
    (D) Recovered.
    (ii) To demonstrate compliance with paragraph (d)(4)(i) of this 
section, you

[[Page 71514]]

must prepare a design evaluation (or engineering assessment) that 
demonstrates that one or more of the conditions specified in paragraphs 
(d)(4)(i)(A) through (D) of this section are being met.
    (iii) You must comply with the requirements of Sec.  63.11930.
    (e) Vapor balancing. For each storage vessel you elect to vapor 
balance during filling operations to comply with the requirements 
specified in Table 3 to this subpart, you must meet the requirements in 
paragraphs (e)(1) through (7) of this section.
    (1) The vapor balancing system must be designed and operated to 
route HAP vapors displaced from loading of the storage vessel to the 
railcar, tank truck, or barge from which the storage vessel is filled 
without emissions to the atmosphere. You may depressurize the railcar, 
tank truck, or barge by sending the HAP vapors back to the process and 
meet the requirements of paragraphs (d)(4)(i) through (iii) of this 
section.
    (2) Tank trucks and railcars must have a current certification in 
accordance with the U.S. Department of Transportation (DOT) 
qualification and maintenance requirements of 49 CFR part 180, subparts 
E (for cargo tanks) and F (for tank cars). Barges must have a current 
certification of vapor-tightness through testing in accordance with 
Sec.  63.565.
    (3) HAP must only be unloaded from tank trucks, railcars, or barges 
when vapor collection systems are connected to the storage vessel's 
vapor collection system.
    (4) Pressure relief devices on the storage vessel, railcar, tank 
truck, barge, and vapor return line must not open during storage vessel 
loading or as a result of diurnal temperature changes (breathing 
losses). You must comply with the requirements in Sec.  63.11915(c) for 
each pressure relief device.
    (5) The vapor balancing system must be designed to operate with no 
detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background, at all times. Any such release (e.g., 
leak) constitutes a violation of this rule. You must conduct annual 
monitoring of each potential leak interface and each point on the vapor 
balancing system through which HAP could potentially be emitted, using 
the procedures specified in Sec.  63.1023(b) and (c) and paragraphs 
(e)(5)(i) and (ii) of this section.
    (i) When Sec.  63.1023(b)(5) refers to ``when the equipment is in 
regulated material service or is in use with any other detectable 
material,'' it means ``when the vapor balancing system is in HAP 
service'' for the purposes of this section.
    (ii) Section 63.1023(b)(6) does not apply for the purposes of this 
section.
    (6) Railcars, tank trucks, or barges that deliver HAP to a storage 
vessel must be reloaded or cleaned at a facility that utilizes one of 
the control techniques specified in paragraphs (e)(6)(i) through (iii) 
of this section.
    (i) The railcar, tank truck, or barge must be connected to a closed 
vent system with a non-flare control device that reduces inlet 
emissions of HAP by 95 percent by weight or greater. Railcars, tank 
trucks, or barges that have materials with a maximum true vapor 
pressure greater than 11.1 psia must not use the option in this 
paragraph (e)(6)(i).
    (ii) A vapor balancing system designed and operated to collect HAP 
vapor displaced from the tank truck, railcar, or barge during reloading 
must be used to route the collected HAP vapor to the storage vessel 
from which the liquid being transferred originated.
    (iii) The railcar, tank truck, or barge must route its emissions 
back to the process.
    (7) The owner or operator of the facility where the railcar, tank 
truck, or barge is reloaded or cleaned must comply with paragraphs 
(e)(7)(i) through (v) of this section.
    (i) Submit to the owner or operator of the storage vessel and to 
the Administrator a written certification that the reloading or 
cleaning facility will meet the requirements of paragraphs (e)(7)(i) 
through (iv) of this section. The certifying entity may revoke the 
written certification by sending a written statement to the owner or 
operator of the storage vessel giving at least 90 days' notice that the 
certifying entity is rescinding acceptance of responsibility for 
compliance with the requirements of paragraph (e)(7) of this section.
    (ii) If complying with paragraph (e)(6)(i) of this section, comply 
with the requirements for closed vent systems and control devices 
specified in paragraph (d)(1) of this section. The notification and 
reporting requirements in Sec.  63.11985 do not apply to the owner or 
operator of the offsite cleaning or reloading facility.
    (iii) If complying with paragraph (e)(6)(ii) of this section, keep 
the records specified in Sec.  63.11990(b)(7)(ii).
    (iv) If complying with paragraph (e)(6)(iii) of this section, 
comply with the requirements in paragraphs (d)(4)(i) and (iii) only and 
keep the records specified in Sec.  63.11990(b)(7)(iii).
    (v) After the compliance dates specified in Sec.  63.11875 at an 
offsite reloading or cleaning facility subject to paragraph (e) of this 
section, compliance with the monitoring, recordkeeping, and reporting 
requirements of any other subpart of this part constitutes compliance 
with the monitoring, recordkeeping, and reporting requirements of 
paragraphs (e)(7)(ii) through (iv) of this section. You must identify 
in your Notification of Compliance Status report required by Sec.  
63.11985(a) the subpart to this part with which the owner or operator 
of the reloading or cleaning facility complies.
0
16. Section 63.11915 is revised to read as follows:


Sec.  63.11915  What are my compliance requirements for equipment 
leaks?

    For equipment in HAP service (as defined in Sec.  63.12005), you 
must comply with the requirements in paragraphs (a) through (e) of this 
section.
    (a) Except as specified in paragraphs (c) through (e) of this 
section, you must comply with Sec. Sec.  63.1019(a) and (c) through (f) 
and 63.1020 through 63.1039.
    (b) [Reserved]
    (c) For pressure relief devices in HAP service, as defined in Sec.  
63.12005, you must meet the requirements of this paragraph (c) in 
addition to the requirements specified in paragraph (a) of this 
section. You must also comply with the recordkeeping requirements in 
Sec.  63.11990(c) and the reporting requirements in Sec.  
63.11985(a)(2), (b)(2), and (c)(7).
    (1) For pressure relief devices in HAP service that discharge 
directly to the atmosphere without first meeting the process vent 
emission limits in Table 1, 1b, 2, or 2b to this subpart by routing the 
discharge to a closed vent system and control device designed and 
operated in accordance with the requirements in Sec. Sec.  63.11925 
through 63.11950, you must install, maintain, and operate release 
indicators as specified in paragraphs (c)(1)(i) and (ii) of this 
section. Any release to the atmosphere without meeting the process vent 
emission limits in Table 1, 1b, 2, or 2b to this subpart, constitutes a 
violation. You must submit the report specified in Sec.  
63.11985(c)(7), as described in paragraph (c)(1)(iii) of this section.
    (i) A release indicator must be properly installed on each pressure 
relief device or associated process or piping system in such a way that 
it will indicate when an emission release has occurred. 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,

[[Page 71515]]

or pressure monitor. A release indicator does not include any 
monitoring system used to meet the requirements of Sec.  63.11956.
    (ii) Each indicator must be equipped with an alert system that will 
notify an operator immediately and automatically when the pressure 
relief device is open. The alert must be located such that the signal 
is detected and recognized easily by an operator.
    (iii) For any instance that the release indicator indicates that a 
pressure relief device is open, you must notify operators that a 
pressure release has occurred, and, within 10 days of the release, you 
must submit to the Administrator the report specified in Sec.  
63.11985(c)(7).
    (2) Pressure relief devices in HAP service that discharge directly 
to a closed vent system and control device designed and operated in 
accordance with the requirements in Sec. Sec.  63.11925 through 
63.11950, are required to meet process vent emission limits in Table 1, 
1b, 2, or 2b to this subpart. Any release to the atmosphere without 
meeting the process vent emission limits in Table 1, 1b, 2, or 2b to 
this subpart, constitutes a violation. You must notify operators that a 
pressure release has occurred, and, within 10 days of the release, you 
must submit to the Administrator the report specified in Sec.  
63.11985(c)(7).
    (d) If you route emissions from equipment in HAP service through a 
closed vent system to a control device, or back into the process or a 
fuel gas system, then you must comply with paragraph (d)(1) or (2) of 
this section.
    (1) Comply with Sec.  63.1034, except you must comply with Sec.  
63.11930 in lieu of the closed vent system requirements specified in 
Sec.  63.983, and the recordkeeping and reporting requirements 
associated with Sec.  63.983 do not apply.
    (2) If emissions from equipment are vented to a closed vent system 
and control device that is also used to comply with the process vent 
emission limits in Table 1, 1b, 2, or 2b to this subpart and you are 
meeting the requirements in Sec. Sec.  63.11925 through 63.11950 for 
the closed vent system and control device, then you are not required to 
comply with the closed vent system and control device requirements 
specified in Sec.  63.1034.
    (e) The referenced provisions specified in paragraphs (e)(1) 
through (6) of this section do not apply when demonstrating compliance 
with this section.
    (1) The phrase ``except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart'' in Sec.  
63.984(a)(1).
    (2) Section 63.998(d)(3).
    (3) The phrase ``may be included as part of the startup, shutdown, 
and malfunction plan, as required by the referencing subpart for the 
source, or'' from Sec.  63.1024(f)(4)(i).
    (4) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1026(e)(1)(ii)(A).
    (5) The phrase ``(except during periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1028(e)(1)(i)(A).
    (6) The phrase ``(except during periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1031(b)(1).
0
17. Section 63.11920 is amended by revising paragraphs (a)(3)(iii) and 
(g) introductory text and revising parameter ``Ddelay'' of 
Equation 1 in paragraph (h)(4)(ii) to read as follows:


Sec.  63.11920  What are my initial and continuous compliance 
requirements for heat exchange systems?

    (a) * * *
    (3) * * *
    (iii) Determine the vinyl chloride concentration (in parts per 
billion by weight) in the cooling water using Method 107 at 40 CFR part 
61, appendix B.
* * * * *
    (g) The delay of repair action level is defined as either a total 
strippable volatile organic compounds concentration (as methane) in the 
stripping gas of 39 parts per million by volume or a total strippable 
volatile organic compounds concentration in the cooling water of 500 
parts per billion by weight or a vinyl chloride concentration in the 
cooling water of 500 parts per billion by weight. While you remain 
below the delay of repair action level, you may delay the repair of a 
leaking heat exchanger only if one of the conditions in paragraph 
(g)(1) or (2) of this section is met. If you exceed the delay of repair 
action level you must repair according to paragraph (e) of this 
section. You must determine if a delay of repair is necessary as soon 
as practicable, but no later than 45 days after first identifying the 
leak.
* * * * *
    (h) * * *
    (4) * * *
    (ii) * * *

Ddelay = Expected duration of the repair delay, hours.

0
18. Section 63.11925 is amended by revising paragraphs (a), (b), (c) 
introductory text, (c)(1), (d) introductory text, (d)(2) through (4), 
(d)(5) introductory text, (d)(5)(i), (e) introductory text, (e)(2), 
(e)(3)(ii), (e)(4)(i), (e)(5), (f) introductory text, (g) introductory 
text, (g)(2)(iii)(B)(2)(ii), (g)(3), and (h) to read as follows:


Sec.  63.11925  What are my initial and continuous compliance 
requirements for process vents?

* * * * *
    (a) Emission limits. Each process vent must meet the emission 
limits in Table 1, 1b, 2, or 2b to this subpart prior to the vent 
stream being exposed to the atmosphere. The emission limits in Table 1, 
1b, 2, or 2b to this subpart apply at all times. The emission limits in 
Table 1, 1b, 2, or 2b to this subpart must not be met through dilution. 
If an applicable process vent stream at a PVCPU is comingled with a 
vent stream from one or more non-PVCPU sources and the comingled 
streams are vented through a shared control device, then each emission 
standard (and subsequent control device, monitoring, recordkeeping, 
reporting, and other requirements) to which the comingled vent stream 
is subject applies.
    (b) Closed vent systems and control devices. Each process vent as 
defined in Sec.  63.12005, that is in HAP service must be routed 
through a closed vent system to a control device. All gas streams 
routed to the closed vent system and control device must be for a 
process purpose and not for the purpose of diluting the process vent to 
meet the emission limits in Table 1, 1b, 2, or 2b to this subpart. Each 
control device used to comply with paragraph (a) of this section must 
meet the requirements of Sec. Sec.  63.11925 and 63.11940, and all 
closed vent systems must meet the requirements in Sec.  63.11930. You 
must not use a flare to comply with the emission limits in Table 1, 1b, 
2, or 2b to this subpart.
    (c) General monitoring requirements. Except as provided in 
paragraphs (c)(1) through (3) of this section, for each control device 
used to comply with the process vent emission limit specified in Table 
1, 1b, 2, or 2b to this subpart, you must install and operate a 
continuous parameter monitoring system (CPMS) to monitor each operating 
parameter specified in Sec.  63.11940(a) through (h) to comply with 
your operating limit(s) required in Sec.  63.11880(b).
    (1) Hydrogen chloride continuous emission monitoring system (CEMS). 
In lieu of establishing operating limits in Sec.  63.11880(b) and using 
CPMS to comply with the operating limits, as specified in Sec.  
63.11940(a) through (h), new and existing sources have the option to 
install a hydrogen chloride CEMS to demonstrate initial and continuous 
compliance with the hydrogen chloride emission limit for process vents, 
as specified in paragraphs (d) and (e) of this section.
* * * * *

[[Page 71516]]

    (d) Initial compliance. To demonstrate initial compliance with the 
emission limits in Table 1, 1b, 2, or 2b to this subpart, you must 
comply with paragraphs (d)(1) through (5) of this section.
* * * * *
    (2) For each CPMS required, or CEMS that you elect to use as 
specified in paragraph (c) of this section, you must prepare the 
quality control program and site-specific performance evaluation test 
plan as specified in Sec.  63.11935(b) and site-specific monitoring 
plan specified in Sec.  63.11935(c), respectively.
    (3) For each CPMS required, or CEMS that you elect to use as 
specified in paragraph (c) of this section, you must install, operate, 
and maintain the CEMS and CPMS as specified in Sec.  63.11935(b) and 
(c), respectively, and you must conduct an initial site-specific 
performance evaluation test according to your site-specific monitoring 
plan and Sec.  63.11935(b)(3) and (c)(4), respectively.
    (4) For each emission limit for which you use a CEMS to demonstrate 
compliance, you must meet the requirements specified in Sec.  
63.11890(c), and you must demonstrate initial compliance with the 
emission limits in Table 1, 1b, 2, or 2b to this subpart based on 3-
hour block averages of CEMS data collected at the minimum frequency 
specified in Sec.  63.11935(b)(2) and calculated using the data 
reduction method specified in Sec.  63.11935(e). For a CEMS used on a 
batch operation, you may use a data averaging period based on an 
operating block in lieu of the 3-hour averaging period.
    (5) For each emission limit in Table 1, 1b, 2, or 2b to this 
subpart for which you do not use a CEMS to demonstrate compliance, you 
must meet the requirements of paragraphs (d)(5)(i) and (ii) of this 
section.
    (i) You must conduct an initial performance test according to the 
requirements in Sec.  63.11945 to demonstrate compliance with the total 
hydrocarbons or total organic HAP emission limit, vinyl chloride 
emission limit, hydrogen chloride emission limit, and dioxin/furan 
emission limit in Table 1, 1b, 2, or 2b to this subpart.
* * * * *
    (e) Continuous compliance. To demonstrate continuous compliance 
with the emission limits in Table 1, 1b, 2, or 2b to this subpart for 
each process vent, you must comply with paragraphs (e)(1) through (5) 
of this section.
* * * * *
    (2) You must operate and maintain each CPMS required, or CEMS that 
you elect to use in paragraph (c) of this section, as specified in 
Sec.  63.11935.
    (3) * * *
    (ii) You must demonstrate continuous compliance with the emission 
limits in Table 1, 1b, 2, or 2b to this subpart based on 3-hour block 
averages of CEMS data collected at the minimum frequency specified in 
Sec.  63.11935(b)(2), and calculated using the data reduction method 
specified in Sec.  63.11935(e). You must meet the requirements 
specified in Sec.  63.11890(c). For a CEMS used on a batch operation, 
you may use a data averaging period based on an operating block in lieu 
of the 3-hour averaging period.
    (4) * * *
    (i) You must conduct a performance test once every 5 years 
according to the requirements in Sec.  63.11945 for each pollutant in 
Table 1, 1b, 2, or 2b to this subpart.
* * * * *
    (5) Each closed vent system and control device used to comply with 
an emission limit in Table 1, 1b, 2, or 2b to this subpart must be 
operated at all times when emissions are vented to, or collected by, 
these systems or devices.
    (f) Toxic equivalency limit. To demonstrate compliance with the 
dioxin/furan toxic equivalency emission limit specified in Table 1, 1b, 
2, or 2b to this subpart, you must determine dioxin/furan toxic 
equivalency as specified in paragraphs (f)(1) through (3) of this 
section.
* * * * *
    (g) Emission profile. You must characterize each process vent by 
developing an emissions profile for each contributing process vent 
according to paragraphs (g)(1) through (3) of this section.
* * * * *
    (2) * * *
    (iii) * * *
    (B) * * *
    (2) * * *
    (ii) The total organic HAP concentration shall be computed 
according to Equation 1 of this section except that only the organic 
HAP species shall be summed. The list of organic HAP is provided in 
Table 2 to subpart F of this part, except vinyl chloride shall be 
excluded for purposes of compliance with this paragraph 
(g)(2)(iii)(B)(2)(ii).
* * * * *
    (3) For miscellaneous process vents, the emissions profile must be 
determined according to paragraph (g)(2)(iv) of this section.
    (h) Process changes. Except for temporary shutdowns for maintenance 
activities, if you make a process change such that, as a result of that 
change, you are subject to a different process vent limit in Table 1, 
1b, 2, or 2b to this subpart, then you must meet the requirements of 
Sec.  63.11896.
0
19. Section 63.11930 is amended by revising paragraphs (a), (b), (c) 
introductory text, (c)(1)(iv), (c)(2)(i), (c)(2)(ii)(A), and (h)(3) to 
read as follows:


Sec.  63.11930  What requirements must I meet for closed vent systems?

    (a) General. If you use a closed vent system to comply with an 
emission limit in Table 1, 1b, 2, 2b, or 3 to this subpart, or to 
comply with the requirements in Sec.  63.11910, Sec.  63.11915, or 
Sec.  63.11955, then you must comply with the requirements in this 
section. However, if you operate and maintain your closed vent system 
in vacuum service as defined in Sec.  63.12005, you must meet the 
requirements in paragraph (h) of this section and are not required to 
meet the requirements in paragraphs (a) through (g) of this section.
    (b) Collection of emissions. Each closed vent system must be 
designed and operated to collect HAP vapors and route the collected 
vapors to a control device, a fuel gas system, or process.
    (c) Bypass. For each closed vent system that contains a bypass as 
defined in Sec.  63.12005 (e.g., diverting a vent stream away from the 
control device), you must not discharge to the atmosphere through the 
bypass. Any such release constitutes a violation. The use of any bypass 
diverted to the atmosphere during a performance test invalidates the 
performance test. You must comply with the provisions of either 
paragraph (c)(1) or (2) of this section for each closed vent system 
that contains a bypass that could divert a vent stream to the 
atmosphere. Any open-ended valve or line in the closed vent system that 
is equipped with a cap, blind flange, plug, or second valve and that 
operates to seal the open end at all times is not subject to either 
paragraph (c)(1) or (2) of this section.
    (1) * * *
    (iv) For any instances where the flow indicator alarm is triggered, 
you must submit to the Administrator as part of your compliance report, 
the information specified in Sec.  63.11985(b)(9) and (10).
    (2) * * *
    (i) You must visually inspect the seal or closure mechanism at 
least once every month to verify that the valve is maintained in the 
non-diverting position, and the vent stream is not diverted through the 
bypass. A broken seal or closure mechanism or a diverted valve 
constitutes a violation. You must

[[Page 71517]]

maintain the records specified in paragraph (g)(1)(ii) of this section.
    (ii) * * *
    (A) For each instance that you change the bypass valve to the 
diverting position, you must submit to the Administrator as part of 
your compliance report, the information specified in Sec.  
63.11985(b)(9) and (10).
* * * * *
    (h) * * *
    (3) In vacuum service alarm records and reports. For any incidences 
where a closed vent system designed to be in vacuum service is not in 
vacuum service, you must submit to the Administrator as part of your 
compliance report, the information specified in Sec.  63.11985(b)(10).
0
20. Section 63.11935 is amended by revising paragraphs (a), (b)(5), 
(b)(6)(i), (b)(7)(i) and (ii), (d) introductory text, (d)(1), 
(d)(2)(iii), and (d)(3) to read as follows:


Sec.  63.11935  What CEMS and CPMS requirements must I meet to 
demonstrate initial and continuous compliance with the emission 
standards for process vents?

    (a) General requirements for CEMS and CPMS. You must meet the 
requirements in paragraph (b) of this section for each CEMS specified 
in Sec.  63.11925(c) used to demonstrate compliance with the emission 
limits for process vents in Table 1, 1b, 2, or 2b to this subpart. You 
must meet the CPMS requirements in paragraph (c) of this section and 
establish your operating limits in paragraph (d) of this section for 
each operating parameter specified in Table 5 to this subpart for each 
process vent control device specified in Sec.  63.11925(b) that is used 
to comply with the emission limits for process vents in Table 1, 1b, 2, 
or 2b to this subpart, except that flow indicators specified in Sec.  
63.11940(a) are not subject to the requirements of this section.
    (b) * * *
    (5) You must operate and maintain the CEMS in continuous operation 
according to the quality control program and performance evaluation 
test plan.
    (6) * * *
    (i) A hydrogen chloride CEMS must meet the requirements of 40 CFR 
part 60, appendix B, performance specification 18, as well as the 
requirements of 40 CFR part 60, appendix F, procedure 6. A dioxin/furan 
CEMS must meet the requirements of the promulgated performance 
specification for the CEMS.
* * * * *
    (7) * * *
    (i) You must notify the Administrator 1 month before starting use 
of the CEMS.
    (ii) You must notify the Administrator 1 month before stopping use 
of the CEMS, in which case you must also conduct a performance test 
within 60 days of ceasing operation of the system.
* * * * *
    (d) Establish operating limit. For each operating parameter that 
must be monitored in Sec.  63.11925(c) for process vent control 
devices, you must establish an operating limit as specified in 
paragraphs (d)(1) through (4) of this section. You must establish each 
operating limit as an operating parameter range, minimum operating 
parameter level, or maximum operating parameter level as specified in 
Table 7 to this subpart. Where this subpart does not specify which 
format to use for your operating limit (e.g., operating range or 
minimum operating level), you must determine which format is best to 
establish proper operation of the control device such that you are 
meeting the emission limits specified in Table 1, 1b, 2, or 2b to this 
subpart.
    (1) For process vent control devices, the operating limit 
established for each monitored parameter specified in Sec.  63.11940 
must be based on the operating parameter values recorded during any 
performance test conducted to demonstrate compliance as required by 
Sec.  63.11925(d)(4) and (e)(4) and may be supplemented by engineering 
assessments and/or manufacturer's recommendations. You are not required 
to conduct performance tests over the entire range of allowed operating 
parameter values. The established operating limit must represent the 
conditions for which the control device is meeting the emission limits 
specified in Table 1, 1b, 2, or 2b to this subpart.
    (2) * * *
    (iii) The rationale for the established operating limit, including 
any data and calculations used to develop the operating limit and a 
description explaining why the operating limit indicates proper 
operation of the control device.
* * * * *
    (3) For batch processes, you may establish operating limits for 
individual batch emission episodes, including each distinct episode of 
process vent emissions or each individual type of batch process that 
generates wastewater, if applicable. You must provide rationale in a 
batch pre-compliance report as specified in Sec.  63.11985(c)(2) 
instead of the notification of compliance status for the established 
operating limit. You must include any data and calculations used to 
develop the operating limits and a description explaining why each 
operating limit indicates proper operation of the control device during 
the specific batch emission episode.
* * * * *
0
21. Section 63.11940 is amended by revising the introductory text and 
paragraphs (b) introductory text, (b)(3)(ii), (c) introductory text, 
(c)(2)(ii), (d) introductory text, (d)(1), (e) introductory text, (f), 
and (g) introductory text to read as follows:


Sec.  63.11940  What continuous monitoring requirements must I meet for 
control devices required to install CPMS to meet the emission limits 
for process vents?

    As required in Sec.  63.11925(c), you must install and operate the 
applicable CPMS specified in paragraphs (a) through (g) of this section 
for each control device you use to comply with the emission limits for 
process vents in Table 1, 1b, 2, or 2b to this subpart. You must 
monitor, record, and calculate CPMS data averages as specified in Table 
7 to this subpart. Paragraph (h) of this section provides an option to 
propose alternative monitoring parameters or procedures.
* * * * *
    (b) Thermal oxidizer monitoring. If you are using a thermal 
oxidizer to meet an emission limit in Table 1, 1b, 2, or 2b to this 
subpart and you are required to use CPMS as specified in Sec.  
63.11925(c), you must equip the thermal oxidizer with the monitoring 
equipment specified in paragraphs (b)(1) through (3) of this section, 
as applicable.
* * * * *
    (3) * * *
    (ii) You must conduct annual internal inspections of the catalyst 
bed to check for fouling, plugging, or mechanical breakdown. You must 
also inspect the bed for channeling, abrasion, and settling. If any of 
the aforementioned conditions are found during the annual internal 
inspection of the catalyst, you must replace the catalyst bed or take 
other corrective action consistent with the manufacturer's 
recommendations within 15 days or by the next time any process vent 
stream is collected by the control device, whichever is later. If the 
catalyst bed is replaced and is not of like type or manufacturer as the 
old catalyst or is not as efficient as the old catalyst then you must 
conduct a new performance test according to Sec.  63.11945 to determine 
destruction efficiency. If a catalyst bed is replaced and the 
replacement catalyst is of like type or manufacturer as the old 
catalyst or is as efficient as or more efficient than the old catalyst, 
then a new performance test to determine destruction efficiency is not 
required.

[[Page 71518]]

    (c) Absorber and acid gas scrubber monitoring. If you are using an 
absorber or acid gas scrubber to meet an emission limit in Table 1, 1b, 
2, or 2b to this subpart and you are required to use CPMS as specified 
in Sec.  63.11925(c), you must install the monitoring equipment 
specified in paragraphs (c)(1) through (3) of this section.
* * * * *
    (2) * * *
    (ii) If the difference in the inlet gas stream temperature and the 
inlet liquid stream temperature is greater than 38 degrees Celsius 
(100.4 degrees Fahrenheit), you may install and operate a temperature 
monitoring device at the scrubber gas stream exit.
* * * * *
    (d) Regenerative adsorber monitoring. If you are using a 
regenerative adsorber to meet an emission limit in Table 1, 1b, 2, or 
2b to this subpart and you are required to use CPMS as specified in 
Sec.  63.11925(c), you must install and operate the applicable 
monitoring equipment listed in paragraphs (d)(1) through (5) of this 
section, and comply with the requirements in paragraphs (d)(6) and (7) 
of this section. If the adsorption system water is wastewater as 
defined in Sec.  63.12005, then it is subject to the requirements of 
Sec.  63.11965.
    (1) For non-vacuum regeneration systems, an integrating 
regeneration stream flow monitoring device having an accuracy of 10 percent and capable of recording the total regeneration stream 
mass flow for each regeneration cycle.
* * * * *
    (e) Non-regenerative adsorber monitoring. If you are using a non-
regenerative adsorber, or canister type system that is sent off site 
for regeneration or disposal, to meet an emission limit in Table 1, 1b, 
2, or 2b to this subpart and you are required to use CPMS as specified 
in Sec.  63.11925(c), you must install a system of dual adsorber units 
in series and conduct the monitoring and bed replacement as specified 
in paragraphs (e)(1) through (4) of this section.
* * * * *
    (f) Condenser monitoring. If you are using a condenser to meet an 
emission limit in Table 1, 1b, 2, or 2b to this subpart and you are 
required to use CPMS as specified in Sec.  63.11925(c), you must 
install and operate a condenser exit gas temperature monitoring device.
    (g) Other control devices. If you use a control device other than 
those listed in this subpart to comply with an emission limit in Table 
1, 1b, 2, or 2b to this subpart and you are required to use CPMS as 
specified in Sec.  63.11925(c), you must comply with the requirements 
as specified in paragraphs (g)(1) and (2) of this section.
* * * * *
0
22. Section 63.11945 is amended by revising paragraphs (a) and (b) 
introductory text to read as follows:


Sec.  63.11945  What performance testing requirements must I meet for 
process vents?

    (a) General. For each control device used to meet the emission 
limits for process vents in Table 1, 1b, 2, or 2b to this subpart, you 
must conduct the initial and periodic performance tests required in 
Sec.  63.11925(d) and (e) and as specified in Sec.  63.11896 using the 
applicable test methods and procedures specified in Table 8 to this 
subpart and paragraphs (b) through (d) of this section.
    (b) Process operating conditions. You must conduct performance 
tests under the conditions specified in paragraphs (b)(1) through (3) 
of this section, as applicable. You must record the process information 
that documents operating conditions during the test and include in such 
record an explanation to support how such conditions represent the 
conditions specified in paragraphs (b)(1) through (3) of this section. 
Upon request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests. In all cases, a site-specific plan 
must be submitted to the Administrator for approval prior to testing in 
accordance with Sec.  63.7(c). The test plan must include the emission 
profiles described in Sec.  63.11925(g).
* * * * *
0
23. Section 63.11955 is amended by revising paragraph (d)(1) to read as 
follows:


Sec.  63.11955  What are my initial and continuous compliance 
requirements for other emission sources?

* * * * *
    (d) * * *
    (1) Each gasholder must be vented back into the process for reuse 
or routed to a closed vent system and control device meeting the 
requirements of Sec. Sec.  63.11925 through 63.11950.
* * * * *
0
24. Section 63.11960 is amended by:
0
a. Revising paragraphs (a), (b) introductory text, and (b)(1) 
introductory text;
0
b. Adding paragraph (b)(2);
0
c. Revising paragraphs (c)(1)(iii) and (iv), (c)(2) introductory text, 
(c)(2)(i), and (c)(2)(ii) introductory text;
0
d. Revising parameter ``CGi'' of Equation 1 in paragraph 
(c)(2)(ii)(A);
0
e. Revising paragraphs (c)(2)(ii)(B), (d)(3), (e)(1)(i) through (iv), 
and (f) introductory text;
0
f. Revising parameter ``Ci'' of Equation 2 in paragraph (f); 
and
0
g. Adding paragraphs (g) and (h).
    The revisions and additions read as follows:


Sec.  63.11960  What are my initial and continuous compliance 
requirements for stripped resin?

    (a) Emission limits. You must meet the applicable vinyl chloride 
and total non-vinyl chloride organic HAP emission limits for stripped 
resin specified in Table 1, 1b, 2, or 2b to this subpart.
    (b) Determination of total non-vinyl chloride organic HAP. You must 
develop a facility-specific list of HAP that are expected to be present 
in each grade of resin produced by your PVCPU using the procedures 
specified for resin concentration in paragraph (b)(1) of this section 
or the alternative mass emission rate limit as specified in paragraph 
(b)(2) of this section. This list must be kept current and must be 
available for inspection by the Administrator. This list must include 
the identification of each grade of resin produced, each HAP expected 
to be present in that grade of resin, and the CAS number for each HAP.
    (1) For the purposes of demonstrating initial and continuous 
compliance as required in paragraphs (c) and (d) of this section, you 
must meet the requirements specified in paragraphs (b)(1)(i) and (ii) 
of this section.
* * * * *
    (2) For the purposes of demonstrating initial and continuous 
compliance with the alternative mass emission rates as specified in 
paragraphs (g) and (h) of this section, you must meet the requirements 
specified in paragraphs (b)(2)(i) through (iii) of this section.
    (i) The process components associated with the stripped resin 
process must be enclosed and routed through a closed vent system 
meeting the requirements in Sec. Sec.  63.11925 through 63.11950 for 
the closed vent system and control device.
    (ii) You must sample the stack emissions for all Table 10 HAP (as 
defined in Sec.  63.12005) using the appropriate test methods specified 
in Table 8 to this subpart and the procedures specified in Sec.  
63.11945.
    (iii) You must also sample the stack emissions for any HAP that are 
not Table 10 HAP but are expected to be present based on your facility-
specific list of HAP using the appropriate test methods specified in 
Table 8 to this

[[Page 71519]]

subpart and the procedures specified in Sec.  63.11945.
    (c) * * *
    (1) * * *
    (iii) For continuous processes, during a 24-hour sampling period, 
collect one grab sample at intervals of 8 hours or per grade of PVC 
produced, whichever is more frequent. Each sample must be taken as the 
resin flows out of the stripper.
    (iv) For batch processes, during a 24-hour sampling period, for 
each batch of each resin grade produced, collect one grab sample. Each 
sample must be taken immediately following the completion of the 
stripping operation.
    (2) Demonstrate initial compliance with the vinyl chloride and 
total non-vinyl chloride organic HAP emission limits in Table 1, 1b, 2, 
or 2b to this subpart as specified in paragraphs (c)(2)(i) and (ii) of 
this section.
    (i) Calculate the vinyl chloride 24-hour arithmetic average for 
each stripper using the vinyl chloride measured for the grab samples 
collected as specified in paragraphs (c)(1)(iii) and (iv) of this 
section and the calculation procedure specified in either paragraph 
(c)(2)(ii)(A) or (B) of this section.
    (ii) Calculate the total non-vinyl chloride organic HAP 24-hour 
arithmetic average for each stripper by first using the total non-vinyl 
chloride organic HAP measured for the grab samples collected as 
specified in paragraphs (c)(1)(iii) and (iv) of this section and the 
calculation procedure specified in paragraph (f) of this section to 
determine the total non-vinyl chloride organic HAP concentration of 
each sample (CTNVCH). Then, use the CTNVCH and 
the calculation procedure specified in either paragraph (c)(2)(ii)(A) 
or (B) of this section to calculate the total non-vinyl chloride 
organic HAP 24-hour arithmetic average.
    (A) * * *

CGi = 24-hour average concentration of vinyl chloride or 
total non-vinyl chloride organic HAP in resin grade Gi, 
ppmw. For non-vinyl chloride organic HAP, CTNVCH from 
paragraph (f) of this section is used as CGi for each 
resin grade.

* * * * *
    (B) If only one resin grade was produced during the 24-hour 
sampling event, use the 24-hour arithmetic average vinyl chloride and 
total non-vinyl chloride organic HAP concentrations for the one resin 
grade calculated as specified in paragraphs (c)(2)(i) and (ii) of this 
section for each stripper or calculate the 24-hour arithmetic average 
vinyl chloride and total non-vinyl chloride organic HAP concentrations 
for all strippers used to process the one grade of resin.
    (d) * * *
    (3) You must demonstrate continuous compliance with the vinyl 
chloride and total non-vinyl chloride organic HAP emission limit for 
stripped resin in Table 1, 1b, 2, or 2b to this subpart as specified in 
paragraphs (c)(2)(i) and (ii) of this section.
    (e) * * *
    (1) * * *
    (i) SW-846-8260B (incorporated by reference, see Sec.  63.14) for 
analysis of volatile organic compounds listed in Table 10 of this 
subpart or the site-specific HAP list.
    (ii) SW-846-8270D (incorporated by reference, see Sec.  63.14) for 
analysis of semivolatile organic compounds listed in Table 10 of this 
subpart or the site-specific HAP list.
    (iii) SW-846-8315A (incorporated by reference, see Sec.  63.14) for 
analysis of aldehyde compounds listed in Table 10 of this subpart or 
the site-specific HAP list.
    (iv) SW-846-8015C (incorporated by reference, see Sec.  63.14) for 
analysis of alcohol compounds listed in Table 10 of this subpart or the 
site-specific HAP list.
* * * * *
    (f) Method for calculating total non-vinyl chloride organic HAP 
concentration. For each stripped resin sample analyzed using the 
methods specified in paragraph (e) of this section, calculate the sum 
of the measured concentrations of each HAP analyzed as required in 
paragraph (b)(1) of this section by using Equation 2 to this section.
* * * * *

Ci = Concentration of individual HAP present in the 
stripped resin sample analyzed pursuant to paragraph (b)(1) of this 
section excluding vinyl chloride, in ppmw, where a value of zero 
should be used for any HAP concentration that is below the detection 
limit.

    (g) Method for calculating alternative mass emission rates. If you 
elect to demonstrate initial or continuous compliance with the 
alternative mass emissions rates (g/kg) in Tables 1b and 2b of this 
subpart, calculate the mass of the HAP emitted to the atmosphere of 
vinyl chloride and each HAP analyzed as required in paragraph (b)(2) of 
this section by using Equation 3 of this section.
[GRAPHIC] [TIFF OMITTED] TP09NO20.002

Ei = HAP emissions for individual HAP i, g/kg (lb/lb) 
product.
Ci = Concentration of HAP i according to methods found in 
Table 8 to this subpart and the procedures specified in Sec.  
63.11945, in ppmv. A value of zero should be used for any HAP 
concentration that is below the detection limit.
Di = Density of HAP i at standard conditions, kg/m\3\ (lb/ft\3\).
Q = Volumetric flow rate as determined by Method 2 of appendix A to 
part 60 of this chapter, at standard conditions, m\3\/hr (ft\3\/hr).
K = Unit conversion factor, 1,000 g/kg (1 lb/lb).
10\-6\ = Conversion factor for ppm.
Z = Production rate of dry resin, kg/hr (lb/hr).

    (h) Method for calculating total non-vinyl chloride organic HAP 
mass emission rates. If you elect to demonstrate initial or continuous 
compliance with the alternative total non-vinyl chloride organic HAP 
mass emissions rates (g/kg) in Tables 1b and 2b of this subpart, 
calculate the sum of the mass emission rates of each HAP required in 
paragraph (b)(2) of this section using the results from paragraph (g) 
and Equation 4 of this section.
[GRAPHIC] [TIFF OMITTED] TP09NO20.005

ETNVCH = Mass emission rate of total non-vinyl chloride 
organic HAP compounds in the stripped resin sample, in g/kg product 
(lb/lb product).
Ei = Mass emission rate of individual HAP present in the 
stripped resin sample analyzed pursuant to paragraph (b)(1) of this 
section excluding vinyl chloride, in g/kg product (lb/lb product).

0
25. Section 63.11965 is amended by revising paragraphs (a), (b)(1)(i), 
(b)(2), (c) through (e), (f) introductory text, and (f)(1)(i) and (ii) 
to read as follows:


Sec.  63.11965  What are my general compliance requirements for 
wastewater?

    (a) Emission limits. You must meet the emission limits specified in 
Table 1, 1b, 2, or 2b to this subpart for each process wastewater 
stream before being mixed with any other process wastewater stream, 
before being exposed to the atmosphere, and before being discharged 
from the affected source.
    (b) * * *
    (1) * * *
    (i) For treated process wastewater streams, you must collect 
process wastewater samples at the outlet of the treatment process and 
before the process wastewater stream is mixed with any other process 
wastewater stream containing vinyl chloride or total non-vinyl chloride 
organic HAP concentrations less than the applicable emission limits 
specified in Table 1, 1b, 2, or 2b to this subpart, before being 
exposed to the atmosphere, and before being discharged from the 
affected source.
* * * * *

[[Page 71520]]

    (2) You must measure the concentration of vinyl chloride, and if 
applicable, total non-vinyl chloride organic HAP, using the test 
methods and procedures specified in Sec.  63.11980.
    (c) Requirements for process wastewater streams that must be 
treated. You must treat each process wastewater stream that has a vinyl 
chloride or total non-vinyl chloride organic HAP concentration equal to 
or greater than the applicable emission limits specified in Table 1, 
1b, 2, or 2b to this subpart as determined pursuant to paragraph (b) of 
this section, to reduce the concentration below the applicable emission 
limits specified in Table 1, 1b, 2, or 2b to this subpart. You must 
route wastewater streams through hard-piping to the treatment process 
and route the vent stream from the treatment process to a closed vent 
system and control device meeting the requirements of Sec. Sec.  
63.11925 through 63.11950. You must also meet the initial and 
continuous compliance requirements specified in Sec. Sec.  63.11970(a) 
and 63.11975(a) and (b).
    (d) Requirements for process wastewater streams that do not need to 
be treated. For each process wastewater stream that has a vinyl 
chloride or total non-vinyl chloride organic HAP concentration less 
than the applicable emission limits specified in Table 1, 1b, 2, or 2b 
to this subpart as determined pursuant to paragraph (b) of this 
section, you must meet the initial and continuous compliance 
requirements specified in Sec. Sec.  63.11970(b) and 63.11975(c).
    (e) Maintenance wastewater. You must comply with the requirements 
specified in Sec.  63.105(b) and (c) for maintenance wastewater 
containing Table 10 HAP (as defined in Sec.  63.12005).
    (f) Determination of total non-vinyl chloride organic HAP. If you 
are subject to the emission limits specified in Table 1 or 2 to this 
subpart, then you must develop a facility-specific list of HAP that are 
expected to be present in each process wastewater stream at your PVCPU 
and comply with paragraph (f)(1) of this section. This list must be 
continuously updated and must be available for inspection by the 
Administrator. This list must include the identification of each HAP 
expected to be present in each process wastewater stream, and the CAS 
number for each HAP.
    (1) * * *
    (i) You must analyze each process wastewater sample for all Table 
10 HAP using the test methods specified in Sec.  63.11980(a)(2) and 
(3).
    (ii) You must also analyze each process wastewater sample for any 
HAP that are not Table 10 HAP but are expected to be present in that 
sample based on your facility-specific list of HAP using the 
appropriate test method specified in Sec.  63.11980(a)(2).
* * * * *
0
26. Section 63.11970 is revised to read as follows:


Sec.  63.11970  What are my initial compliance requirements for process 
wastewater?

    (a) Demonstration of initial compliance for process wastewater 
streams that must be treated. For each process wastewater stream that 
must be treated as specified in Sec.  63.11965(b) and (c), you must 
conduct an initial performance test for the wastewater treatment 
process, measuring the concentration of vinyl chloride, and if 
applicable, total non-vinyl chloride organic HAP, in the wastewater 
stream at the outlet of the wastewater treatment process before the 
wastewater is exposed to the atmosphere, mixed with any other process 
stream, and before being discharged from the affected facility, using 
the test method and procedures specified in Sec.  63.11980(a).
    (b) Demonstration of initial compliance for process wastewater 
streams that are not required to be treated. For each process 
wastewater stream that has a vinyl chloride or total non-vinyl chloride 
organic HAP concentration less than the applicable emission limits 
specified in Tables 1, 1b, 2, or 2b to this subpart, you must use the 
collection and measurement procedures specified in Sec.  
63.11965(b)(1)(ii) and (b)(2) to demonstrate initial compliance.
0
27. Section 63.11975 is revised to read as follows:


Sec.  63.11975  What are my continuous compliance requirements for 
process wastewater?

    (a) For each process wastewater stream that must be treated as 
specified in Sec.  63.11965(b) and (c), you must demonstrate continuous 
compliance as specified in paragraph (b) of this section. For each 
process wastewater stream for which you initially determine in Sec.  
63.11970(b) that treatment is not required, you must demonstrate 
continuous compliance as specified in paragraph (c) of this section.
    (b) For each process wastewater stream that must be treated 
according to Sec.  63.11965(b) and (c), you must demonstrate continuous 
compliance with the emission limits specified in Table 1, 1b, 2, or 2b 
to this subpart by following the procedures specified in paragraphs 
(b)(1) and (2) of this section.
    (1) Following your demonstration of initial compliance in Sec.  
63.11970(a), make monthly measurements of the vinyl chloride, and if 
applicable, total non-vinyl chloride organic HAP, concentrations using 
the procedures and methods specified in Sec.  63.11965(b)(1)(i) and 
(b)(2).
    (2) You must demonstrate continuous compliance with the emission 
limits in Table 1, 1b, 2, or 2b to this subpart on a monthly basis, 
using the monthly concentration measurement specified in paragraph 
(b)(1) of this section.
    (c) For each wastewater stream for which you initially determine in 
Sec.  63.11970(b) that treatment is not required, you must demonstrate 
continuous compliance as specified in paragraphs (c)(1) and (2) of this 
section.
    (1) Conduct annual performance tests, measuring the vinyl chloride, 
and if applicable, total non-vinyl chloride organic HAP concentrations 
using the procedures and methods specified in Sec.  63.11965(b)(1)(ii) 
and (b)(2).
    (2) If any annual performance test conducted as specified in 
paragraph (c)(1) of this section results in a concentration of vinyl 
chloride or total non-vinyl chloride organic HAP in the process 
wastewater stream that is greater than or equal to the applicable 
emission limits in Table 1, 1b, 2, or 2b to this subpart, then you must 
meet the requirements of Sec.  63.11965(c) and you must demonstrate 
initial and continuous compliance as specified in Sec.  63.11970 and 
this section.
0
28. Section 63.11980 is amended by revising paragraphs (a) introductory 
text, (a)(1), and (b) introductory text to read as follows:


Sec.  63.11980  What are the test methods and calculation procedures 
for process wastewater?

    (a) Performance test methods and procedures. You must determine the 
concentration of vinyl chloride, and if applicable, total non-vinyl 
chloride organic HAP, using the test methods and procedures specified 
in paragraphs (a)(1) through (4) of this section. Upon request, the 
owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests.
    (1) You must conduct performance tests during worst-case operating 
conditions for the PVCPU when the process wastewater treatment process 
is operating as close as possible to maximum representative operating 
conditions. If the wastewater treatment process will be operating at 
several different sets of operating conditions, you must supplement the 
testing with

[[Page 71521]]

additional testing, modeling, or engineering assessments to demonstrate 
compliance with the emission limits.
* * * * *
    (b) Method for calculating total non-vinyl chloride organic HAP 
concentration. If you are subject to the emission limits specified in 
Table 1 or 2 to this subpart, then for each process wastewater stream 
analyzed using the methods specified in paragraph (a) of this section, 
calculate the sum of the measured concentrations of each HAP analyzed 
as required in Sec.  63.11965(f)(1) by using Equation 1 to this 
section.
* * * * *
0
29. Section 63.11985 is amended by:
0
a. Revising paragraphs (a)(4), (a)(7)(ii), (a)(8)(i) and (ii), 
(b)(4)(i) introductory text, (b)(4)(i)(A), (b)(6) through (8), (b)(10) 
introductory text, and (b)(10)(v);
0
b. Removing and reserving paragraph (b)(11); and
0
c. Revising paragraphs (b)(12), (c)(1), (2), and (8) and (c)(9)(i) and 
(ii).
    The revisions read as follows:


Sec.  63.11985  What notifications and reports must I submit and when?

* * * * *
    (a) * * *
    (4) You must include the operating limit for each monitoring 
parameter identified for each control device used to meet the emission 
limits in Table 1, 1b, 2, or 2b to this subpart, as determined pursuant 
to Sec.  63.11935(d). This report must include the information in Sec.  
63.11935(d)(2), as applicable.
* * * * *
    (7) * * *
    (ii) You must include results of the initial testing used to 
determine initial compliance with the stripped resin limits in Table 1, 
1b, 2, or 2b to this subpart.
    (8) * * *
    (i) You must include an identification of each process wastewater 
stream subject to the requirements of this subpart, and the results of 
your determination for each stream as to whether it must be treated to 
meet the limits of Table 1, 1b, 2, or 2b to this subpart. You must also 
include a description of the treatment process to be used for each 
process wastewater stream that requires treatment.
    (ii) You must include results of the initial sampling used to 
determine initial compliance with the vinyl chloride limits in Table 1, 
1b, 2, or 2b to this subpart.
* * * * *
    (b) * * *
    (4) * * *
    (i) Deviations using CEMS or CPMS. For each deviation from an 
emission limit or operating limit where a CEMS or CPMS is being used to 
comply with the process vent emission limits in Table 1, 1b, 2, or 2b 
to this subpart, you must include the information in paragraphs 
(b)(4)(i)(A) through (E) of this section.
    (A) For CEMS, the 3-hour block average value calculated for any 
period when the value is higher than an emission limit in Table 1, 1b, 
2, or 2b to this subpart or when the value does not meet the data 
availability requirements defined in Sec.  63.11890(c).
* * * * *
    (6) You must include the records specified in Sec.  63.11990(j)(2) 
for other emission sources.
    (7) For resin stripper operations, you must include the daily vinyl 
chloride and/or monthly total non-vinyl chloride organic HAP 
concentration or alternative mass emission rate results for each resin 
type produced within the PVCPU that did not meet the stripped resin 
emission limits in Table 1, 1b, 2, or 2b to this subpart, as 
applicable.
    (8) For wastewater operations, you must include the results of 
monthly vinyl chloride and, if applicable, monthly total non-vinyl 
chloride organic HAP concentration results for each process wastewater 
stream discharged from the affected source that did not meet the 
process wastewater emission limits in Tables 1, 1b, 2, or 2b to this 
subpart.
* * * * *
    (10) If any pressure vessel closure device or closed vent system 
that contains a bypass has directly discharged to the atmosphere, or 
any closed vent system that is designed to be in vacuum service and is 
operating and not in vacuum service, as specified in Sec.  
63.11910(c)(3) or Sec.  63.11930(c) or (h), you must submit to the 
Administrator the following information:
* * * * *
    (v) The measures adopted to prevent future such discharges.
* * * * *
    (12) Information required by this subpart, which is submitted with 
a Title V periodic report, does not need to be included in a subsequent 
compliance report required by this subpart or subpart referenced by 
this subpart. The Title V report must be referenced in the compliance 
report required by this subpart.
* * * * *
    (c) * * *
    (1) Notification of inspection. To provide the Administrator the 
opportunity to have an observer present, you must notify the 
Administrator at least 30 days before an inspection required by Sec.  
63.11910(a)(3). If an inspection is unplanned and you could not have 
known about the inspection 30 days in advance, then you must notify the 
Administrator at least 7 days before the inspection. Notification must 
be made by telephone immediately followed by written documentation 
demonstrating why the inspection was unplanned. Alternatively, the 
notification including the written documentation may be made in writing 
and sent so that it is received by the Administrator at least 7 days 
before the inspection. If a delegated state or local agency is 
notified, you are not required to notify the Administrator. A delegated 
state or local agency may waive the requirement for notification of 
storage vessel inspections.
    (2) Batch pre-compliance report. You must submit a batch pre-
compliance report at least 6 months prior to the compliance date of 
this subpart (see Sec.  63.11875) that includes a description of the 
test conditions, data, calculations and other information used to 
establish operating limits according to Sec.  63.11935(d) for all batch 
operations. If you use an engineering assessment as specified in Sec.  
63.11950(i), then you must also include data or other information 
supporting a finding that the emissions estimation equations in Sec.  
63.11950(a) through (h) are inappropriate. If the EPA disapproves the 
report, then you must still be in compliance with the emission limits 
and work practice standards of this subpart by your compliance date. To 
change any of the information submitted in the report, you must notify 
the EPA 60 days before you implement the planned change.
* * * * *
    (8) Commencing and ceasing operation of CEMSs. Before starting or 
stopping the use of CEMS, you must notify the Administrator as 
specified in Sec.  63.11935(b)(7).
    (9) * * *
    (i) Beginning on [date 60 days after date of publication of the 
final rule in the Federal Register], within 60 days after the date of 
completing each performance test required by this subpart, you must 
submit the results of the performance test following the procedures 
specified in paragraphs (c)(9)(i)(A) through (C) of this section.
    (A) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via

[[Page 71522]]

the Compliance and Emissions Data Reporting Interface (CEDRI), which 
can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be submitted in a file format generated 
through the use of the EPA's ERT. Alternatively, you may submit an 
electronic file consistent with the extensible markup language (XML) 
schema listed on the EPA's ERT website.
    (B) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment 
in the ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the ERT generated 
package or alternative file to the EPA via CEDRI.
    (C) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (a)(1) or (2) of this section 
is CBI, you must submit a complete file, including information claimed 
to be CBI, to the EPA. The file must be generated through the use of 
the EPA's ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the file on a compact 
disc, flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described in paragraphs (c)(9)(i)(A) and (B) of this section.
    (ii) Beginning on [date 60 days after date of publication of the 
final rule in the Federal Register], within 60 days after the date of 
completing each CEMS performance evaluation (as defined in Sec.  63.2), 
you must submit the results of the performance evaluation following the 
procedures specified in paragraphs (c)(9)(ii)(A) through (B) of this 
section.
    (A) Performance evaluations of CEMS measuring relative accuracy 
test audit (RATA) pollutants that are supported by the EPA's ERT as 
listed on the EPA's ERT website at the time of the evaluation. Submit 
the results of the performance evaluation to the EPA via CEDRI, which 
can be accessed through the EPA's CDX. The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the XML schema listed 
on the EPA's ERT website.
    (B) Performance evaluations of CEMS measuring RATA pollutants that 
are not supported by the EPA's ERT as listed on the EPA's ERT website 
at the time of the evaluation. The results of the performance 
evaluation must be included as an attachment in the ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the ERT generated package or alternative file to the 
EPA via CEDRI.
    (C) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (a)(1) or (2) of this section 
is CBI, you must submit a complete file, including information claimed 
to be CBI, to the EPA. The file must be generated through the use of 
the EPA's ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the file on a compact 
disc, flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described in paragraphs (c)(9)(ii)(A) and (B) of this section.
* * * * *
0
30. Section 63.11990 is amended by:
0
a. Revising paragraphs (b) introductory text and (b)(4);
0
b. Adding paragraph (b)(7);
0
c. Revising paragraphs (e)(3)(ii) and (h)(2);
0
d. Adding paragraph (h)(3);
0
e. Revising paragraph (i)(4); and
0
f. Removing paragraph (i)(5).
    The revisions and additions read as follows:


Sec.  63.11990  What records must I keep?

* * * * *
    (b) Storage vessels. For storage vessels, you must maintain the 
records specified in paragraphs (b)(1) through (7) of this section.
* * * * *
    (4) For each pressure vessel, you must keep records of the 
information specified in Sec.  63.11985(b)(10) and paragraph (c) of 
this section.
* * * * *
    (7) For storage vessels that use vapor balancing, you must keep the 
records specified in paragraphs (b)(7)(i) through (iii) of this 
section.
    (i) A record of the certification required by Sec.  63.11910(e)(2).
    (ii) If complying with Sec.  63.11910(e)(6)(ii), keep the records 
specified in paragraphs (b)(7)(ii)(A) and (B) of this section.
    (A) A record of the equipment to be used and the procedures to be 
followed when reloading the railcar, tank truck, or barge and 
displacing vapors to the storage vessel from which the liquid 
originates.
    (B) A record of each time the vapor balancing system is used to 
comply with Sec.  63.11910(e)(6)(ii).
    (iii) If complying with Sec.  63.11910(e)(6)(iii), you must keep 
records that demonstrate one or more of the conditions specified in 
Sec.  63.11910(d)(4)(i)(A) through (D) are met.
* * * * *
    (e) * * *
    (3) * * *
    (ii) In lieu of calculating and recording the average value 
specified in paragraph (e)(3)(i) of this section, if all 1-hour 
averages specified in Sec.  63.11935(e) demonstrate compliance with 
your parameter operating limit or the applicable pollutant emission 
limit in Table 1, 1b, 2, or 2b to this subpart for the block average 
period, you may record a statement that all recorded 1-hour averages 
met the operating limit or emission limit, as applicable, and retain 
for 5 years this statement and all recorded CPMS or CEMS data for the 
block average period.
* * * * *
    (h) * * *
    (2) The total quantity (pounds) of each resin grade produced per 
day and the total quantity of resin processed by each resin stripper or 
group of strippers, identified by resin type and resin grade, per day.
    (3) If you elect to demonstrate initial or continuous compliance 
with the alternative mass emissions rates (g/kg) in Table 1b or 2b to 
this subpart, you must keep the records specified in paragraphs (e) 
through (g) of this section for process vents and closed vent systems 
for equipment downstream of the stripper.
    (i) * * *
    (4) All testing data, including monthly measurements of the 
concentrations of vinyl chloride, and if applicable, the concentration 
of total non-vinyl chloride organic HAP in each process wastewater 
stream required to be measured, as specified in Sec.  63.11975.
* * * * *
0
31. Section 63.12005 is amended by:
0
a. Removing the definition for ``Affirmative defense'';
0
b. Revising the definition for ``Batch process vent'';

[[Page 71523]]

0
c. Adding in alphabetical order a definition for ``Closure device'';
0
d. Removing the definition for ``Container'';
0
e. Revising the definition for ``Continuous process vent'';
0
f. Removing the definition for ``Corrective action plan'';
0
g. Revising the definitions for ``Dispersion process'' and ``First 
attempt at repair'';
0
h. Removing the definition for ``Operating day'';
0
i. Revising the definitions for ``Polyvinyl chloride and copolymers 
production process unit or PVCPU,'' ``Polyvinyl chloride copolymer,'' 
``Polyvinyl chloride homopolymer,'' ``Process component,'' ``Process 
condenser,'' ``Process vent,'' ``Product,'' and ``PVC-combined process 
vent'';
0
j. Removing the definition for ``PVC-only process vent'';
0
k. Adding in alphabetical order a definition for ``PVC process vent'';
0
l. Revising the definition for ``Repaired'';
0
m. Removing the definitions for ``Root cause analysis'' and ``Solution 
process'';
0
n. Revising the definitions for ``Total non-vinyl chloride organic 
HAP'' and ``Type of resin'';
0
o. Removing the definition for ``Unloading operations''; and
0
p. Adding in alphabetical order a definition for ``Vapor balancing 
system.''
    The revisions and additions read as follows:


Sec.  63.12005  What definitions apply to this subpart?

* * * * *
    Batch process vent means a vent from a batch operation from a PVCPU 
through which a HAP-containing gas stream has the potential to be 
released to the atmosphere except that it is required by this subpart 
to be routed to a closed vent system and control device. Emissions for 
all emission episodes associated with the unit operation(s) are part of 
the batch process vent. Batch process vents also include vents with 
intermittent flow from continuous operations. Examples of batch process 
vents include, but are not limited to, vents on condensers used for 
product recovery, polymerization reactors, and process tanks.
* * * * *
    Closure device means a cover, cap, hatch, lid, plug, seal, valve, 
or other type of fitting that, when the device is secured in the closed 
position, prevents or reduces air emissions to the atmosphere by 
blocking an opening in a fixed roof storage vessel or pressure vessel.
* * * * *
    Continuous process vent means a vent from a continuous PVCPU 
operation through which a HAP-containing gas stream has the potential 
to be released to the atmosphere except that it is required by this 
subpart to be routed to a closed vent system and control device and has 
the following characteristics:
    (1) The gas stream originates as a continuous flow from any 
continuous PVCPU operation during operation of the PVCPU.
    (2) The discharge into the closed vent system and control device 
meets at least one of the following conditions:
    (i) Is directly from any continuous operation.
    (ii) Is from any continuous operation after passing solely (i.e., 
without passing through any other unit operation for a process purpose) 
through one or more recovery devices within the PVCPU.
    (iii) Is from a device recovering only mechanical energy from a gas 
stream that comes either directly from any continuous operation, or 
from any continuous operation after passing solely (i.e., without 
passing through any other unit operation for a process purpose) through 
one or more recovery devices within the PVCPU.
* * * * *
    Dispersion process means a process for producing polyvinyl chloride 
resin that is characterized by either emulsion or microsuspension 
polymerization. Emulsion polymerization uses water soluble initiators 
and is distinguished by metering in surfactants as the reaction 
progresses. In microsuspension polymerization, homogenizers are first 
mixed with a monomer outside of the polymerization reactor and oil 
soluble initiators are then added before charging the reactor. These 
two polymerization techniques produce fine particles, typically less 
than 10 microns, with little or no porosity. Emulsifier levels vary but 
agitation is very mild compared to other PVC polymerization processes. 
The final product is dried to powder form.
* * * * *
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Sec.  63.11930(f) or Sec.  63.1023(b) and (c), as applicable, to verify 
whether the leak is repaired, unless the owner or operator determines 
by other means that the leak is not repaired.
* * * * *
    Polyvinyl chloride and copolymers production process unit or PVCPU 
means a collection of process components assembled and connected by 
hard-piping or duct work, used to process raw materials and to 
manufacture polyvinyl chloride and/or polyvinyl chloride copolymers. A 
PVCPU includes, but is not limited to, polymerization reactors; resin 
stripping operations; resin blend tanks; resin centrifuges; resin 
dryers; resin product separators; recovery devices; reactant and raw 
material charge vessels and tanks, holding tanks, mixing and weighing 
tanks; finished resin product storage vessels or storage silos; 
finished resin product loading operations; connected ducts and piping; 
equipment including pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves and connectors and instrumentation systems.
    Polyvinyl chloride copolymer means a synthetic thermoplastic 
polymer that is derived from the simultaneous polymerization of vinyl 
chloride and one or more additional monomers. The additional monomers 
are reactive with vinyl chloride and become part of the polymer chain. 
Additives used in polyvinyl chloride copolymer polymerization for 
stabilization and/or particle size control are not as reactive, do not 
become part of the polymer chain, and are not considered to be monomers 
in the polymerization process. Polyvinyl chloride copolymer is produced 
by different processes, including, but not limited to, suspension 
process, dispersion process, and suspension blending process.
    Polyvinyl chloride homopolymer means a synthetic thermoplastic 
polymer that is derived from the polymerization of vinyl chloride and 
has the general chemical structure (-H2CCHCl-)n. Polyvinyl chloride 
homopolymer is typically a white powder or colorless granule. Polyvinyl 
chloride homopolymer is produced by different processes, including, but 
not limited to, suspension process, dispersion process, suspension 
blending process, and bulk process.
* * * * *
    Process component means any unit operation or group of unit 
operations or any part of a process or group of parts of a process that 
are assembled to perform a specific function (e.g., polymerization 
reactor, dryers, etc.). Process components include equipment, pressure 
vessels, process condensers, process tanks, recovery devices, and

[[Page 71524]]

resin strippers, as defined in this section.
    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a batch or continuous process. 
All condensers recovering condensate from a batch or continuous process 
at or above the boiling point or all condensers in line prior to a 
vacuum source are considered process condensers. Typically, a primary 
condenser or condensers in series are considered to be integral to the 
batch or continuous regulated process if they are capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse or for sale for fuel 
value, use or reuse. This definition does not apply to a condenser that 
is used to remove materials that would hinder performance of a 
downstream recovery device as follows:
    (1) To remove water vapor that would cause icing in a downstream 
condenser.
    (2) To remove water vapor that would negatively affect the 
adsorption capacity of carbon in a downstream carbon adsorber.
    (3) To remove high molecular weight organic compounds or other 
organic compounds that would be difficult to remove during regeneration 
of a downstream adsorber.
* * * * *
    Process vent means a vent stream that is the result of the 
manifolding of each and all batch process vent, continuous process 
vent, or miscellaneous vent resulting from the affected facility into a 
closed vent system and into a common header that is routed to a control 
device. The process vent standards apply at the outlet of the control 
device. A process vent is either a PVC process vent or a PVC-combined 
process vent.
* * * * *
    Product means a polymer produced using vinyl chloride monomer and 
varying in additives (e.g., initiators, terminators, etc.); catalysts; 
or in the relative proportions of vinyl chloride monomer with one or 
more other monomers, and that is manufactured by a process unit. With 
respect to polymers, more than one recipe may be used to produce the 
same product, and there can be more than one grade of a product. 
Product also means a chemical that is not a polymer, which is 
manufactured by a process unit. By-products, isolated intermediates, 
impurities, wastes, and trace contaminants are not considered products.
    PVC-combined process vent means a process vent that originates from 
a PVCPU and is combined with one or more process vents originating from 
the production of vinyl chloride monomer or ethylene dichloride prior 
to being controlled or emitted to the atmosphere. A vent stream 
originating from process components associated with the stripped resin 
downstream of the resin stripper (e.g., dryers, centrifuges, filters) 
is not considered a PVC-combined process vent.
    PVC process vent means a process vent that originates from a PVCPU 
and is not combined with one or more process vents originating from the 
production of vinyl chloride monomer or ethylene dichloride prior to 
being controlled or emitted to the atmosphere. A vent stream 
originating from process components associated with the stripped resin 
downstream of the resin stripper (e.g., dryers, centrifuges, filters) 
is not considered a PVC process vent.
* * * * *
    Repaired, for the purposes of this subpart, means equipment that is 
adjusted or otherwise altered to eliminate a leak as defined in the 
applicable sections of this subpart; and unless otherwise specified in 
applicable provisions of this subpart or other subpart referenced by 
this subpart, is inspected as specified in Sec.  63.11930(f) to verify 
that emissions from the equipment are below the applicable leak 
definition.
* * * * *
    Total non-vinyl chloride organic HAP means, for the purposes of 
this subpart, the sum of the measured concentrations of each HAP, as 
calculated according to the procedures specified in Sec. Sec.  
63.11960(f) and 63.11980(b) or the sum of the mass emission rates of 
each HAP, as calculated according to the procedures specified in Sec.  
63.11960(h).
    Type of resin means the broad classification of PVC homopolymer and 
copolymer resin referring to the basic manufacturing process for 
producing that resin, including, but not limited to, suspension, 
dispersion, suspension blending, and bulk.
    Vapor balancing system means:
    (1) A piping system that collects HAP vapors displaced from 
transport vehicles (i.e., railcar, tank truck, barge) during storage 
vessel loading and routes the collected vapors to the storage vessel 
from which the HAP being loaded originated or to another storage vessel 
connected to a common header, without emissions to the atmosphere; or
    (2) A piping system that collects HAP vapors displaced from the 
loading of a storage vessel and routes the collected vapors to the 
transport vehicle from which the storage vessel is filled, without 
emissions to the atmosphere.
* * * * *
0
32. Table 1 to subpart HHHHHHH of part 63 is amended by revising the 
table heading and row 1.a to read as follows:

Table 1 to Subpart HHHHHHH of Part 63--Emission Limits and Standards for Existing Affected Sources not Complying
                                             With Sec.   63.11880(D)
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
1. PVC process vents \a\.............  a. Vinyl chloride......  All resin types........  6.0 parts per million
                                                                                          by volume (ppmv).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.

* * * * *
0
33. Table 1b to subpart HHHHHHH of part 63 is added to read as follows:

[[Page 71525]]



  Table 1B to Subpart HHHHHHH of Part 63--Emission Limits and Standards for Existing Affected Sources Complying
                                             With Sec.   63.11880(D)
----------------------------------------------------------------------------------------------------------------
                                                               And for an affected
For this type of emission point . .     And for this air      source producing this  You must meet this emission
                 .                       pollutant . . .      type of PVC resin . .          limit . . .
                                                                        .
----------------------------------------------------------------------------------------------------------------
1. PVC process vents \a\...........  a. Vinyl chloride.....  All resin types.......  0.85 ppmv.
                                     b. Total hydrocarbons.  All resin types.......  5.1 ppmv measured as
                                                                                      propane.
                                     c. Total organic HAP    All resin types.......  22 ppmv.
                                      \b\.
                                     d. Hydrogen chloride..  All resin types.......  0.64 ppmv.
                                     e. Dioxins/furans       All resin types.......  0.035 ng/dscm.
                                      (toxic equivalency
                                      basis).
2. PVC-combined process vents \a\..  a. Vinyl chloride.....  All resin types.......  0.85 ppmv.
                                     b. Total hydrocarbons.  All resin types.......  9.1 ppmv measured as
                                                                                      propane.
                                     c. Total organic HAP    All resin types.......  9.7 ppmv.
                                      \b\.
                                     d. Hydrogen chloride..  All resin types.......  3.9 ppmv.
                                     e. Dioxins/furans       All resin types.......  0.68 ng/dscm.
                                      (toxic equivalency
                                      basis).
3. Stripped resin..................  a. Vinyl chloride.....  i. Bulk resin.........  7.1 ppmw; or 0.0071 grams
                                                                                      per kilogram of product
                                                                                      resin, dry basis (g/
                                                                                      kg).\c\
                                                             ii. Dispersion resin..  1300 ppmw; or 1.3 g/kg.\c\
                                                             iii. Suspension resin.  37 ppmw; or 0.037 g/kg.\c\
                                                             iv. Suspension          140 ppmw; or 0.14 g/kg.\c\
                                                              blending resin.
                                                             v. Copolymer resin....  790 ppmw; or 0.79 g/kg.\c\
                                     b. Total non-vinyl      i. Bulk resin.........  170 ppmw; or 0.17 g/kg.\c\
                                      chloride organic HAP.
                                                             ii. Dispersion resin..  240 ppmw; or 0.24 g/kg.\c\
                                                             iii. Suspension resin.  670 ppmw; or 0.67 g/kg.\c\
                                                             iv. Suspension          500 ppmw; or 0.50 g/kg.\c\
                                                              blending resin.
                                                             v. Copolymer resin....  1900 ppmw; or 1.9 g/kg.\c\
4. Process Wastewater..............  a. Vinyl chloride.....  All resin types.......  0.73 ppmw.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.
\b\ Total organic HAP is alternative compliance limit for THC.
\c\ If you elect to comply with the g/kg alternative mass emission limit for resins, you must comply with the
  requirements specified in Sec.   63.11960(b)(2).

0
34. Table 2 to subpart HHHHHHH of part 63 is amended by revising the 
table heading and rows 1.a, 2.e, and 3.a.i. to read as follows:

Table 2 to Subpart HHHHHHH of Part 63--Emission Limits and Standards for New Affected Sources not Complying With
                                               Sec.   63.11880(D)
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
1. PVC process vents \a\.............  a. Vinyl chloride......  All resin types........  0.56 ppmv.
 
                                                  * * * * * * *
2. PVC-combined process vents \a\....                                   * * * *
                                       e. Dioxins/furans        All resin types........  0.034 ng/dscm.
                                        (toxic equivalency
                                        basis).
3. Stripped resin....................  a. Vinyl chloride......  i. Bulk resin..........  7.1 ppmw.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.

* * * * *
0
35. Table 2b to subpart HHHHHHH of part 63 is added to read as follows:

[[Page 71526]]



  Table 2B to Subpart HHHHHHH of Part 63--Emission Limits and Standards for New Affected Sources Complying With
                                               Sec.   63.11880(D)
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
1. PVC process vents \a\.............  a. Vinyl chloride......  All resin types........  0.85 ppmv.
                                       b. Total hydrocarbons..  All resin types........  2.2 ppmv measured as
                                                                                          propane.
                                       c. Total organic HAP     All resin types........  1.3 ppmv.
                                        \b\.
                                       d. Hydrogen chloride...  All resin types........  0.17 ppmv.
                                       e. Dioxins/furans        All resin types........  0.035 ng/dscm.
                                        (toxic equivalency
                                        basis).
2. PVC-combined process vents \a\....  a. Vinyl chloride......  All resin types........  0.85 ppmv.
                                       b. Total hydrocarbons..  All resin types........  2.2 ppmv measured as
                                                                                          propane.
                                       c. Total organic HAP     All resin types........  5.9 ppmv.
                                        \b\.
                                       d. Hydrogen chloride...  All resin types........  1.4 ppmv.
                                       e. Dioxins/furans        All resin types........  0.051 ng/dscm.
                                        (toxic equivalency
                                        basis).
3. Stripped resin....................  a. Vinyl chloride......  i. Bulk resin..........  7.1 ppmw; or 0.0071 g/
                                                                                          kg.\c\
                                                                ii. Dispersion resin...  480 ppmw; or 0.48 g/
                                                                                          kg.\c\
                                                                iii. Suspension resin..  7.3 ppmw; or 0.0073 g/
                                                                                          kg.\c\
                                                                iv. Suspension blending  140 ppmw; or 0.14 g/
                                                                 resin.                   kg.\c\
                                                                v. Copolymer--all resin  790 ppmw; or 0.79 g/
                                                                 types.                   kg.\c\
                                       b. Total non-vinyl       i. Bulk resin..........  170 ppmw; or 0.17 g/
                                        chloride organic HAP.                             kg.\c\
                                                                ii. Dispersion resin...  66 ppmw; or 0.066 g/
                                                                                          kg.\c\
                                                                iii. Suspension resin..  15 ppmw; or 0.015 g/
                                                                                          kg.\c\
                                                                iv. Suspension blending  500 ppmw; or 0.50 g/
                                                                 resin.                   kg.\c\
                                                                v. Copolymer resin.....  1900 ppmw; or 1.9 g/
                                                                                          kg.\c\
4. Process Wastewater................  a. Vinyl chloride......  All resin types........  0.57 ppmw.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.
\b\ Total organic HAP is alternative compliance limit for THC.
\c\ If you elect to comply with the g/kg alternative mass emission limit for resins, you must comply with the
  requirements specified in Sec.   63.11960(b)(2).

0
36. Table 3 to subpart HHHHHHH of part 63 is revised to read as 
follows:

 Table 3 to Subpart HHHHHHH of Part 63--Summary of Control Requirements for Storage Vessels at New and Existing
                                                     Sources
----------------------------------------------------------------------------------------------------------------
                                            And the vapor
 If the storage vessel capacity (gallons)   pressure \a\
                 is . . .                   (psia) is . .                 Then, you must use . . .
                                                  .
----------------------------------------------------------------------------------------------------------------
>=20,000 but <40,000.....................             >=4  an internal or external floating roof storage vessel
                                                            and meet the requirements in Sec.   63.11910(b) or a
                                                            fixed roof storage vessel vented to a closed vent
                                                            system and control device achieving 95 weight
                                                            percent HAP reduction and meet the requirements of
                                                            Sec.   63.11910(d).
>=40,000.................................          >=0.75
Any capacity.............................           >11.1  a pressure vessel and meet the requirements of Sec.
                                                            63.11910(c).
----------------------------------------------------------------------------------------------------------------
All other capacity and vapor pressure combinations.......  a fixed roof and meet the requirements of Sec.
                                                            63.11910(a).
----------------------------------------------------------------------------------------------------------------
\a\ Maximum true vapor pressure.

0
37. Table 4 to subpart HHHHHHH of part 63 is amended by revising the 
entries for ``Sec.  63.10(b)(2)(ii)'' and ``Sec.  63.10(c)(10),'' 
removing the entry ``63.10(c)(11), (c)(12)'' and adding the entry 
``Sec.  63.10(c)(11), (c)(12)'' in its place, and revising the entry 
``Sec.  63.10(d)(5)'' to read as follows:

            Table 4 to Subpart HHHHHHH of Part 63--Applicability of the General Provisions to Part 63
----------------------------------------------------------------------------------------------------------------
                                                                           Applies to subpart
               Citation                             Subject                      HHHHHHH              Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.10(b)(2)(ii)................  Recordkeeping of malfunctions.  No......................  ..............
 
                                                  * * * * * * *
Sec.   63.10(c)(10)...................  Recording nature and cause of   No......................  ..............
                                         malfunctions.

[[Page 71527]]

 
Sec.   63.10(c)(11), (c)(12)..........  Recording corrective actions..  No......................  ..............
 
                                                  * * * * * * *
Sec.   63.10(d)(5)....................  SSM reports...................  No......................  ..............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
38. Table 5 to subpart HHHHHHH of part 63 is amended by:
0
a. Removing the entry for ``Flow to/from the control device'' and 
adding the entry ``Presence or absence of flow to/from the control 
device if flow could be intermittent'' in its place;
0
b. Revising the entries for ``Regeneration stream flow'' and ``Adsorber 
bed temperature'' (both entries);
0
c. Removing the entry ``Vacuum and duratio of regeneration'' and adding 
the entry ``Vacuum and duration of regeneration'' in its place;
0
d. Revising the entries ``Regeneration frequency,'' ``Adsorber 
operation valve sequencing and cycle time,'' ``Average adsorber bed 
life,'' and ``Outlet VOC concentration of the first adsorber bed in 
series.''
    The additions and revisions read as follows:

Table 5 to Subpart HHHHHHH of Part 63--Operating Parameters, Operating Limits and Data Monitoring, Recording and
                                    Compliance Frequencies for Process Vents
----------------------------------------------------------------------------------------------------------------
                                     Establish the      Monitor, record, and demonstrate continuous compliance
                                       following                    using these minimum frequencies
 For these control devices, you     operating limit  -----------------------------------------------------------
  must monitor these operating        during your
        parameters . . .                initial                                                 Data averaging
                                  performance test .   Data measurement     Data recording        period for
                                          . .                                                     compliance
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Presence or absence of flow to/   Indication of       Episodic..........  Date and time when  Time period
 from the control device if flow   absence of flow--                       flow stops during   between flow stop
 could be intermittent.            note that absence                       process operation   and start.
                                   of flow can be                          and when flow
                                   determined when                         begins after
                                   process is not                          stopping during
                                   operating using                         process operation.
                                   simulated flow.
 
                                                  * * * * * * *
Regeneration stream flow........  Minimum total flow  Continuous........  Every 15 minutes..  Total flow for
                                   per regeneration                                            each regeneration
                                   cycle.                                                      cycle.
Adsorber bed temperature........  Maximum             Continuously after  Every 15 minutes    3-hour block
                                   temperature.        regeneration and    after               average.
                                                       within 15 minutes   regeneration and
                                                       of completing any   within 15 minutes
                                                       temperature         of completing any
                                                       regulation.         temperature
                                                                           regulation.
Adsorber bed temperature........  Minimum             Continuously        Every 15 minutes    Average of
                                   temperature.        during              during              regeneration
                                                       regeneration        regeneration        cycle.
                                                       except during any   cycle.
                                                       temperature
                                                       regulating
                                                       portion of the
                                                       regeneration
                                                       cycle.
Vacuum and duration of            Minimum vacuum and  Continuous........  Every 15 minutes    Average vacuum and
 regeneration.                     period of time                          during              duration of
                                   for regeneration.                       regeneration        regeneration.
                                                                           cycle.
Regeneration frequency..........  Minimum             Continuous........  Date and time of    Date and time of
                                   regeneration                            regeneration        regeneration
                                   frequency and                           start and stop.     start and stop.
                                   duration.
Adsorber operation valve          Correct valve       Daily.............  Daily.............  Daily
 sequencing and cycle time.        sequencing and
                                   minimum cycle
                                   time.
 
                                                  * * * * * * *
Average adsorber bed life.......  Adsorber bed        Daily until         Outlet VOC          Average time for
                                   change-out time     breakthrough for    concentration.      three adsorber
                                   [N/A for initial    three adsorber                          bed change-outs
                                   performance test].  bed change-outs.
Outlet VOC concentration of the   Limits in Table 1,  Daily, except       Outlet VOC          Daily, weekly, or
 first adsorber bed in series.     1b, 2, or 2b of     monthly (if more    concentration.      monthly.
                                   this subpart.       than 2 months bed
                                                       life remaining)
                                                       or weekly (if
                                                       more than 2 weeks
                                                       bed life
                                                       remaining).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
39. Table 8 to subpart HHHHHHH of part 63 amended by revising the 
heading to the first column and row 6.c to read as follows:

[[Page 71528]]



    Table 8 to Subpart HHHHHHH of Part 63--Methods and Procedures for
             Conducting Performance Tests for Process Vents
------------------------------------------------------------------------
 For each control device used
 to meet the emission limit in
 Table 1, 1b, 2, or 2b to this      You must . . .         Using . . .
   subpart for the following
        pollutant . . .
------------------------------------------------------------------------
 
                              * * * * * * *
6. Any pollutant from a                         * * * * *
 continuous, batch, or
 combination of continuous and
 batch process vent(s).
                                c. Conduct gas          Method 3, 3A, or
                                 molecular weight        3B at 40 CFR
                                 analysis and correct    part 60,
                                 concentrations the      appendix A-2,
                                 specified percent       using the same
                                 oxygen in Table 1,      sampling site
                                 1b, 2, or 2b to this    and time as HAP
                                 subpart.                samples.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
40. Table 9 to subpart HHHHHHH of part 63 is amended by revising rows 3 
and 4 to read as follows:

     Table 9 to Subpart HHHHHHH of Part 63--Procedures for Conducting Sampling of Stripped Resin and Process
                                                   Wastewater
----------------------------------------------------------------------------------------------------------------
                                                                   Collect samples according to the following
                                          For the following                      schedule . . .
                                         emission points and   -------------------------------------------------
       For demonstrating . . .          types of processes . .                               Total non-vinyl
                                                  .               Vinyl chloride . . .    chloride organic HAP .
                                                                                                   . .
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3. Initial compliance................  N/A....................  1 grab or composite      1 grab or composite
                                                                 sample.                  sample.
4. Continuous compliance.............  N/A....................  1 grab or composite      1 grab or composite
                                                                 sample per month.        sample per month.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-23387 Filed 11-6-20; 8:45 am]
 BILLING CODE 6560-50-P


