

[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Proposed Rules]               
[Page 61701-61705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc06-22]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0086, FRL-8231-8]
RIN 2060-AN80

 
National Emission Standards for Hazardous Air Pollutants for 
Semiconductor Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing amendments to the national emission standards 
for hazardous air pollutants (NESHAP) for Semiconductor Manufacturing, 
published on May 22, 2003. We are proposing amendments to the final 
rule to clarify the emission requirements for process vents by 
establishing a new maximum achievable control technology (MACT) floor 
level of control for combined hazardous air pollutants (HAP) process 
vent streams containing inorganic and organic HAP and adding new source 
requirements for combined HAP process vents. Requirements for existing 
combined HAP process vents would be no control, which is the MACT 
floor. The new source combined HAP process vent limit would be the same 
level of control as is currently required for new inorganic and organic 
HAP process vents.

DATES: Comments must be received on or before December 4, 2006.
    Public Hearing. If anyone contacts EPA by November 8, 2006 
requesting to speak at a public hearing, EPA will hold a public hearing 
on November 20, 2006. If you are interested in attending the public 
hearing, contact Lala Alston at (919) 541-5545 to verify that a hearing 
will be held.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2002-0086, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 

instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov, Attention Docket ID No. 
EPA-HQ-OAR-2002-0086.
     Mail: U.S. Postal Service, send comments to: EPA Docket 
Center (6102T), Attention Docket ID No. EPA7-HQ-OAR-2002-0086, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total 
of two copies.
     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2002-
0086, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 20004. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Please include a total of two copies.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0086. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov 

or e-mail. Send or deliver information identified as CBI to only the 
following address: Mr. Roberto Morales, OAQPS Document Control Officer, 
EPA (C404-02), Attention Docket ID No. EPA-HQ-OAR-2002-0086, Research 
Triangle Park, NC 27711. Clearly mark the part or all of the 
information that you claim to be CBI. The http://www.regulations.gov Web site 

is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket. All documents in the docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Docket Center, 

Docket ID No. EPA-HQ-OAR-2002-0086, EPA West Building, Room B-102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the EPA 
Docket Center is (202) 566-1742. A reasonable fee may be charged for 
copying docket materials.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to visit the Public Reading Room to 
view documents. Consult EPA's Federal Register notice at 71 FR 38147 
(July 5, 2006) or the EPA Web site at http://www.epa.gov/epahome/dockets.htm
 for current information on docket status, locations, and 

telephone numbers.


FOR FURTHER INFORMATION CONTACT: Mr. John Schaefer, EPA, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Measurement Policy Group (D-243-05), Research Triangle Park, NC 27711; 
telephone number (919) 541-0296; fax number (919) 541-1039; e-mail 
address schaefer.john@epa.gov.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Entities potentially affected by the direct 
final amendments to the national emission standards for hazardous air 
pollutants for semiconductor manufacturing are those semiconductor 
manufacturing facilities. Regulated categories and entities include:

[[Page 61702]]



                   Table 1.--Regulated Entities Table
------------------------------------------------------------------------
                                                 Examples of regulated
           Category               NAICS \1\             entities
------------------------------------------------------------------------
Industry.....................          334413  Semiconductor crystal
                                                growing facilities,
                                                semiconductor wafer
                                                fabrication facilities,
                                                semiconductor test and
                                                assembly facilities.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that may potentially be 
affected by this action. To determine whether your facility is 
regulated by this action, you should carefully examine the 
applicability criteria in 40 CFR 63.7181 of the rule. If you have 
questions regarding the applicability of the direct final amendments to 
a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section. Submitting CBI. Do not submit this 
information through http://www.regulations.gov or e-mail. Send or deliver 

information identified as CBI only to the following address listed in 
the ADDRESSES section of this document. Clearly mark the part or all 
the information you claim to be CBI. For CBI information submitted on a 
disk or CD-ROM that you mail to EPA, mark the outside of the disk or 
CD-ROM as CBI and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available through 
the http://WWW. Following the Administrator's signature, a copy of this action 

will be posted on EPA's Technology Transfer Network (TTN) policy and 
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg/.
 The TTN at EPA's Web site provides information 

and technology exchange in various areas of air pollution control.

How can I get copies of the proposed amendments and other related 
information?

    EPA has established the official public docket for the proposed 
rulemaking under docket ID No. EPA-HQ-OAR-2002-0086. Information on how 
to access the docket is presented above in the ADDRESSES section. In 
addition, information may be obtained from the Webpage for the proposed 
rulemaking at: http://www.epa.gov/ttn/atw/pcem/pcempg.html. 

    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Summary of the Proposed Amendments
III. Rationale for the Proposed Amendments
IV. Impacts of the Proposed Amendments
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act

I. Background

    On May 22, 2003 (68 FR 27913), we issued the NESHAP for 
Semiconductor Manufacturing (40 CFR part 63, subpart BBBBB). The NESHAP 
implement section 112(d) of the Clean Air Act (CAA) by requiring all 
major sources to meet emission standards for HAP reflecting application 
of the maximum achievable control technology (MACT). The NESHAP 
establish emission limitations for emission sources at operations used 
to manufacture p-type and n-type semiconductors and active solid-state 
devices from a wafer substrate.
    After promulgation of the NESHAP, it was brought to our attention 
that while the NESHAP established separate emission standards for 
organic and inorganic HAP from process vents, some plants combine 
inorganic and organic vent streams into a single atmospheric process 
vent. This situation was quite different from the process vents 
examined during the development phase of the rule, which were 
segregated into strictly organic or inorganic HAP constituents. 
Therefore, we believe the promulgated rule failed to adequately account 
for the existence of combined organic and inorganic HAP process vents, 
and we are proposing to revise the standards to reflect the actual 
existing source MACT floor for these process vents.

II. Summary of the Proposed Amendments

    The proposed revisions would establish separate process vent 
definitions for organic HAP, inorganic HAP, and combined HAP process 
vents. We have not changed the MACT floors calculated in the final rule 
for inorganic or organic HAP. We have simply added new definitions to 
clarify the applicability of the rule to inorganic, organic, and 
combined HAP process vents. Therefore, inorganic HAP process vents will 
retain the control requirements set for process vents containing 
inorganic HAP in the promulgated rule. This means that existing and new 
source requirements for these vents would effectively remain the same. 
Similarly, organic process vents will retain the control requirements 
set for process vents containing organic HAP in the promulgated rule 
and control requirements for these vents will remain unchanged.
    However, we have developed a new MACT floor for combined HAP 
process vents. The MACT floor for these vents was determined to be no 
reduction in emissions from existing sources, and the final rule is 
being amended to reflect this. For new and reconstructed combined HAP 
process vents, however, the requirement for inorganic HAP is the same 
as the requirement for inorganic HAP process vents and the requirement 
for organic HAP is the same as the requirement for the organic HAP 
process vents.

III. Rationale for the Proposed Amendments

    Almost all semiconductor manufacturing facilities segregate their 
process vent emissions into streams containing either inorganic or 
organic pollutants. This has been common practice in the industry since 
the early 1980s. Given the prevalence of this practice and the fact 
that very few semiconductor manufacturing plants pre-dating the mid-
1980s were still in operation when we issued the final rule,

[[Page 61703]]

the final rule was only intended to regulate emissions from segregated 
inorganic or organic HAP process vents.
    However, there is at least one older semiconductor manufacturing 
plant in operation that reflects the earlier design philosophy of 
combining inorganic and organic HAP into a single process vent. This 
plant combines inorganic and organic process emission streams into four 
combined HAP atmospheric process vents. In addition, this facility adds 
process heat into these combined organic/inorganic process vents.
    Adding organic HAP streams and process heat into an inorganic HAP 
emission stream, which is the predominant HAP emission vent type in the 
industry, increases the difficulty and costs of controlling a 
semiconductor process vent in two ways. First, wet scrubber technology, 
which is the typical control technology utilized to control inorganic 
HAP pollutants by this industry, cannot be used to effectively control 
organic HAP pollutants at the very low concentrations present in the 
semiconductor industry. Therefore, a combined HAP vent stream needs a 
much larger and more expensive scrubber to control a combined HAP 
process vent than a similar inorganic process vent at a more modern 
facility. In addition, a wet scrubber is not an effective control 
option for low volume organic pollutant streams such as those in the 
semiconductor industry and it would not reduce organic HAP by a 
significant amount. Combining inorganic and organic HAP streams just 
increases control costs without providing an additional reduction in 
pollutant levels.
    Second, by adding process heat with combined HAP process vent 
streams, a facility must cool the process vent air in order to 
effectively control the inorganic HAP emissions with a wet scrubber. 
This is a much more significant task than controlling a process vent 
where the process heat is already separated out and makes a combined 
HAP process vent with process heat even more difficult and expensive to 
control. In fact, the most effective way to control an existing 
combined HAP process vent would be to reconstruct the vent system to 
segregate the process heat from the inorganic HAP stream, which is the 
current practice in all semiconductor manufacturing facilities, 
constructed over the past 20 years.
    Based on this information, we believe it is necessary to revise the 
final rule to separately address combined HAP process vents with 
process heat. The floor level of control for inorganic process vents 
and organic process vents is not being changed by this action. However, 
for the limited number of existing combined process vents with process 
heat, the rule is being revised to reflect the actual floor level of 
control for those vents. The floor level of control for combined HAP 
process vents has been determined to be no reduction in emissions. We 
are aware of four combined process vents with added process heat 
located at major semiconductor sources. We do not know of any existing 
combined HAP process vents that do not add process heat. Our research 
indicates that none of those vents are currently subject to any 
controls to reduce HAP emissions and no work practices are employed 
that reduce emissions. Control options above the floor for the four 
existing combined HAP process vents with added process heat were 
examined. However, we rejected these options because the cost was 
estimated to be in excess of $750,000 per ton of HAP emissions 
reduction, which is not a reasonable beyond the floor control option. 
Therefore, the rule is being amended with the intention that no 
emission control is required for existing combined HAP process vents 
with added process heat.
    For new sources, however, we determined that by utilizing proper 
design, a combined HAP vent stream could achieve reductions similar to 
those required for inorganic process vents for inorganic HAP and 
organic process vents for organic HAP. Therefore, for new and 
reconstructed combined HAP process vents including those with added 
process heat, the requirement for inorganic HAP components is the same 
as the current requirement for inorganic HAP process vents and the 
requirement for organic HAP is the same as the requirement for organic 
HAP process vents.

IV. Impacts of the Proposed Amendments

    The proposed amendments do not affect the level of emissions 
control required by the existing NESHAP for the nonair, health, 
environmental, and energy impacts. In the final rule we estimated that 
no additional control would be required. These amendments do not change 
the impacts associated with the final rule. The primary purpose of 
these amendments is to clarify the final rule requirements. Therefore, 
a re-evaluation of costs associated with the final rule was not 
necessary.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The information collection requirements in the final rule have not been 
changed by these proposed amendments. However, OMB has previously 
approved the information collection requirements contained in the 
existing regulations 40 CFR part 63, subpart BBBBB under the provisions 
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2060-0382, EPA ICR number 2042.03. A copy of the OMB 
approved Information Collection Request (ICR) may be obtained from 
Susan Auby, Collection Strategies Division; U.S. Environmental 
Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC 
20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant

[[Page 61704]]

economic impact on a substantial number of small entities. Small 
entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administrations' regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's amendments on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The proposed 
amendments would not impose any requirements on small entities. We 
continue to be interested in the potential impacts of the proposed rule 
on small entities and welcome comments on issues related to such 
impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    We have determined that the proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or to the 
private sector in any 1 year. Thus, the proposed rule is not subject to 
the requirements of sections 202 and 205 of the UMRA. In addition, EPA 
has determined that today's proposed rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments because it contains no requirements that apply to such 
governments or impose obligations upon them. Therefore, the proposed 
rule is not subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    The proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. None of the affected 
Semiconductor facilities are owned or operated by State or local 
governments. Thus, Executive Order 13132 does not apply to the proposed 
rule. In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

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

    Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The proposed rule does not have tribal 
implications as specified in EO 13175. It will not have substantial 
direct effects on tribal governments, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
No tribal governments own semiconductors and are subject to the 
proposed standards. Thus, EO 13175 does not apply to the proposed rule. 
EPA specifically solicits additional comment on this proposed rule from 
tribal officials.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under EO 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety risk of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    The proposed rule is not subject to the EO because it is not 
economically significant as defined in EO 12866, and because the Agency 
does not have reason to believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

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

    The proposed rule is not a ``significant energy action'' as defined 
in EO 13211 (66 FR 28355, May 22, 2001) because it is not a significant 
regulatory action under EO 12866.

[[Page 61705]]

I. National Technology Transfer Advancement Act

    Section 112(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113, 12(d) (15 U.S.C. 272 note)), 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. The 
NTTAA directs EPA to provide Congress, through OMB, explanations when 
the Agency decides not to use available and applicable VCS.
    The proposed revisions to the NESHAP for Semiconductor 
Manufacturing do not include requirements for technical standards 
beyond what the NESHAP requires. Therefore, the requirements of the 
NTTAA do not apply to this action.

List of Subjects in 40 CFR Part 63

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

    Dated: October 11, 2006.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

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

    2. Section 63.7184 is amended by revising paragraphs (b) through 
(e) and adding paragraph (f) to read as follows:


Sec.  63.7184  What emission limitations, operating limits, and work 
practice standards must I meet?

* * * * *
    (b) Process vents--organic HAP emissions. For each organic HAP 
process vent, other than process vents from storage tanks, you must 
limit organic HAP emissions to the level specified in paragraph (b)(1) 
or (2) of this section. These limitations can be met by venting 
emissions from your process vent through a closed vent system to any 
combination of control devices meeting the requirements of Sec.  
63.982(a)(2).
    (1) Reduce the emissions of organic HAP from the process vent 
stream by 98 percent by weight.
    (2) Reduce or maintain the concentration of emitted organic HAP 
from the process vent to less than or equal to 20 parts per million by 
volume (ppmv).
    (c) Process vents--inorganic HAP emissions. For each inorganic HAP 
process vent, other than process vents from storage tanks, you must 
limit inorganic HAP emissions to the level specified in paragraph 
(c)(1) or (2) of this section. These limitations can be met by venting 
emissions from your process vent through a closed vent system to a 
halogen scrubber meeting the requirements of Sec. Sec.  63.983 (closed 
vent system requirements) and Sec.  63.994 (halogen scrubber 
requirements); the applicable general monitoring requirements of Sec.  
63.996; the applicable performance test requirements; and the 
monitoring, recordkeeping and reporting requirements referenced 
therein.
    (1) Reduce the emissions of inorganic HAP from the process vent 
stream by 95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (d) Process vents--combined HAP emissions. For each combined HAP 
process vent at a new or reconstructed source, other than process vents 
from storage tanks, you must limit inorganic HAP emissions to the level 
specified in paragraph (d)(1) or (2) of this section. These limitations 
can be met by venting emissions from your process vent through a closed 
vent system to a halogen scrubber meeting the requirements of 
Sec. Sec.  63.983 (closed vent system requirements) and 63.994 (halogen 
scrubber requirements); the applicable general monitoring requirements 
of Sec.  63.996; the applicable performance test requirements; and the 
monitoring, recordkeeping and reporting requirements referenced 
therein. You must limit organic HAP emissions to the level specified in 
paragraph (d)(3) or (4) of this section. These limitations can be met 
by venting emissions from your process vent through a closed vent 
system to any combination of control devices meeting the requirements 
of Sec.  63.982(a)(2).
    (1) Reduce the emissions of inorganic HAP from the process vent 
stream by 95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (3) Reduce the emissions of organic HAP from the process vent 
stream by 98 percent by weight.
    (4) Reduce or maintain the concentration of emitted organic HAP 
from the process vent to less than or equal to 20 parts ppmv.
    (e) Storage tanks. For each storage tank, 1,500 gallons or larger, 
you must limit total HAP emissions to the level specified in paragraph 
(e)(1) or (2) of this section if the emissions from the storage tank 
vent contains greater than 0.42 ppmv inorganic HAP. These limitations 
can be met by venting emissions from your storage tank through a closed 
vent system to a halogen scrubber meeting the requirements of 
Sec. Sec.  63.983 (closed vent system requirements) and 63.994 (halogen 
scrubber requirements); the applicable general monitoring requirements 
of Sec.  63.996; the applicable performance test requirements; and the 
monitoring, recordkeeping and reporting requirements referenced 
therein.
    (1) Reduce the emissions of inorganic HAP from each storage tank by 
95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (f) You must comply with the applicable work practice standards and 
operating limits contained in Sec.  63.982(a)(1) and (2). The closed 
vent system inspection requirements of Sec.  63.983(c), as referenced 
by Sec.  63.982(a)(1) and (2), do not apply.
    3. Section 63.7195 is amended by adding a definition for ``Combined 
HAP process vents'', ``Organic HAP process vents'' and ``Inorganic HAP 
process vents'' in alphabetical order to read as follows:


Sec.  63.7195  What definitions apply to this subpart?

* * * * *
    Combined HAP Process Vent means a process vent that emits both 
inorganic and organic HAP to the atmosphere.
* * * * *
    Inorganic HAP Process Vent means a process vent that emits only 
inorganic HAP to the atmosphere.
    Organic HAP Process Vent means a process vent that emits only 
organic HAP to the atmosphere.
* * * * *
[FR Doc. E6-17224 Filed 10-18-06; 8:45 am]

BILLING CODE 6560-50-P
