Applicability Determination Index (ADI) Database System Recent Posting: Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations Pertaining to Standards of Performance for New Stationary Sources, Etc., 68432-68439 [2013-27287]
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68432
Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Notices
Schedule A&B—2013 Revised (Bundled)
to be effective 5/1/2013.
Filed Date: 11/5/13.
Accession Number: 20131105–5039.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–315–000.
Applicants: Western Massachusetts
Electric Company.
Description: Western Massachusetts
Electric Company submits Cancellation
of LCRA with CMEEC to be effective 1/
1/2014.
Filed Date: 11/5/13.
Accession Number: 20131105–5040.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–316–000
Applicants: Tampa Electric Company.
Description: Tampa Electric Company
submits Emergency Interchange Service
Contract w_Southern Company—2013
Rev (Unbundled) to be effective 5/1/
2013.
Filed Date: 11/5/13.
Accession Number: 20131105–5041.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–317–000.
Applicants: Tampa Electric Company.
Description: Tampa Electric Company
submits QF Transmission Agreement
with Auburndale Pwr Partners—2013
Revised to be effective 5/1/2013.
Filed Date: 11/5/13.
Accession Number: 20131105–5042.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–318–000.
Applicants: The Connecticut Light
and Power Company.
Description: The Connecticut Light
and Power Company submits LCRA
with CTMEEC to be effective 1/1/2014.
Filed Date: 11/5/13.
Accession Number: 20131105–5043.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–319–000.
Applicants: Public Service Company
of New Hampshire.
Description: Public Service Company
of New Hampshire submits Localized
Cost Responsibility Agreement with
CTMEEC to be effective 1/1/2014.
Filed Date: 11/5/13.
Accession Number: 20131105–5059.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–320–000.
Applicants: Western Massachusetts
Electric Company.
Description: Western Massachusetts
Electric Company submits Localized
Cost Responsibility Agreement with
CTMEEC to be effective 1/1/2014.
Filed Date: 11/5/13.
Accession Number: 20131105–5061.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–321–000.
Applicants: The Connecticut Light
and Power Company.
Description: The Connecticut Light
and Power Company submits Localized
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Cost Responsibility Agreement with
Town of Wallingford to be effective 1/
1/2014.
Filed Date: 11/5/13.
Accession Number: 20131105–5067.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–322–000.
Applicants: Public Service Company
of New Hampshire.
Description: Public Service Company
of New Hampshire submits Localized
Cost Responsibility Agreement with
Town of Wallingford to be effective 1/
1/2014.
Filed Date: 11/5/13.
Accession Number: 20131105–5074.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–323–000.
Applicants: Deseret Generation &
Transmission Co-operative, Inc.
Description: Deseret Generation &
Transmission Co-operative, Inc. submits
OATT Order No. 764 Compliance Filing
to be effective 11/12/2013.
Filed Date: 11/5/13.
Accession Number: 20131105–5078.
Comments Due: 5 p.m. ET 11/26/13.
Docket Numbers: ER14–324–000.
Applicants: Western Massachusetts
Electric Company.
Description: Western Massachusetts
Electric Company submits Localized
cost responsibility agreement between
Town of Wallingford and WMECO to be
effective 1/1/2014.
Filed Date: 11/5/13.
Accession Number: 20131105–5079.
Comments Due: 5 p.m. ET 11/26/13.
The filings are accessible in the
Commission’s eLibrary system by
clicking on the links or querying the
docket number.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: https://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: November 5, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013–27163 Filed 11–13–13; 8:45 am]
BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[ Docket No. EL13–90–000]
Pacific Gas and Electric Company;
Notice of Initiation of Proceeding and
Refund Effective Date
On September 24, 2013, the
Commission issued an order that
initiated a proceeding in Docket No.
EL13–90–000, pursuant to section 206
of the Federal Power Act (FPA), 16
U.S.C. 824e (2006), to determine the
justness and reasonableness of the rate
increase proposed by Pacific Gas and
Electric Company. Pacific Gas and
Electric Company, 144 FERC ¶ 61,277
(2013).
The refund effective date in Docket
No. EL13–90–000, established pursuant
to section 206(b) of the FPA, will be the
date of publication of this notice in the
Federal Register.
Dated: November 7, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013–27164 Filed 11–13–13; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9902–92–OECA]
Applicability Determination Index (ADI)
Database System Recent Posting:
Applicability Determinations,
Alternative Monitoring Decisions, and
Regulatory Interpretations Pertaining
to Standards of Performance for New
Stationary Sources, Etc.
Environmental Protection
Agency (EPA).
ACTION: Notice of Availability.
AGENCY:
This notice announces
applicability determinations, alternative
monitoring decisions, and regulatory
interpretations that EPA has made
under the New Source Performance
Standards (NSPS); the National
Emission Standards for Hazardous Air
Pollutants (NESHAP); and/or the
Stratospheric Ozone Protection
Program.
FOR FURTHER INFORMATION CONTACT: An
electronic copy of each complete
document posted on the Applicability
Determination Index (ADI) database
system is available on the Internet
through the Office of Enforcement and
Compliance Assurance (OECA) Web site
at: https://www.epa.gov/compliance/
monitoring/programs/caa/adi.html. The
SUMMARY:
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Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Notices
letters and memoranda on the ADI may
be located by control number, date,
author, subpart, or subject search. For
questions about the ADI or this notice,
contact Maria Malave at EPA by phone
at: (202) 564–7027, or by email at:
malave.maria@epa.gov. For technical
questions about individual applicability
determinations or monitoring decisions,
refer to the contact person identified in
the individual documents, or in the
absence of a contact person, refer to the
author of the document.
SUPPLEMENTARY INFORMATION:
Background
The General Provisions of the NSPS
in 40 Code of Federal Regulations (CFR)
part 60 and the General Provisions of
the NESHAP in 40 CFR part 61 provide
that a source owner or operator may
request a determination of whether
certain intended actions constitute the
commencement of construction,
reconstruction, or modification. EPA’s
written responses to these inquiries are
commonly referred to as applicability
determinations. See 40 CFR §§ 60.5 and
61.06. Although the NESHAP part 63
regulations [which include Maximum
Achievable Control Technology (MACT)
standards] and § 111(d) of the Clean Air
Act (CAA) contain no specific
regulatory provision providing that
sources may request applicability
determinations, EPA also responds to
written inquiries regarding applicability
for the part 63 and § 111(d) programs.
The NSPS and NESHAP also allow
sources to seek permission to use
monitoring or recordkeeping that is
different from the promulgated
requirements. See 40 CFR 60.13(i),
61.14(g), 63.8(b)(1), 63.8(f), and 63.10(f).
EPA’s written responses to these
inquiries are commonly referred to as
alternative monitoring decisions.
Furthermore, EPA responds to written
inquiries about the broad range of NSPS
and NESHAP regulatory requirements as
they pertain to a whole source category.
These inquiries may pertain, for
example, to the type of sources to which
the regulation applies, or to the testing,
monitoring, recordkeeping, or reporting
requirements contained in the
regulation. EPA’s written responses to
these inquiries are commonly referred to
as regulatory interpretations.
EPA currently compiles EPA-issued
NSPS and NESHAP applicability
determinations, alternative monitoring
decisions, and regulatory
interpretations, and posts them to the
ADI. In addition, the ADI contains EPAissued responses to requests pursuant to
the stratospheric ozone regulations,
contained in 40 CFR part 82. The ADI
is an electronic index on the Internet
with over one thousand EPA letters and
memoranda pertaining to the
applicability, monitoring,
recordkeeping, and reporting
requirements of the NSPS, NESHAP,
and stratospheric ozone regulations.
Users can search for letters and
memoranda by date, office of issuance,
subpart, citation, control number, or by
string word searches.
68433
Today’s notice comprises a summary
of 32 such documents added to the ADI
on October 30, 2013. This notice lists
the subject and header of each letter and
memorandum, as well as a brief abstract
of the letter or memorandum. Complete
copies of these documents may be
obtained from the ADI through the
OECA Web site at: www.epa.gov/
compliance/monitoring/programs/caa/
adi.html.
Summary of Headers and Abstracts
The following table identifies the
database control number for each
document posted on the ADI database
system on October 30, 2013; the
applicable category; the section(s) and/
or subpart(s) of 40 CFR part 60, 61, or
63 (as applicable) addressed in the
document; and the title of the
document, which provides a brief
description of the subject matter.
We have also included an abstract of
each document identified with its
control number after the table. These
abstracts are provided solely to alert the
public to possible items of interest and
are not intended as substitutes for the
full text of the documents. This notice
does not change the status of any
document with respect to whether it is
‘‘of nationwide scope or effect’’ for
purposes of CAA § 307(b)(1). For
example, this notice does not convert an
applicability determination for a
particular source into a nationwide rule.
Neither does it purport to make a
previously non-binding document
binding.
ADI DETERMINATIONS UPLOADED ON OCTOBER 30, 2013
Categories
Subparts
Title
1100013 ..........................
NSPS .............................
A, OOO, UUU ................
1100014 ..........................
NSPS .............................
A, KKK, Kb ....................
1100015 ..........................
MACT, NSPS .................
J, UUU ...........................
1100016 ..........................
NSPS .............................
J .....................................
1100019 ..........................
MACT, NSPS .................
J, UUU ...........................
1100020 ..........................
NSPS .............................
J .....................................
1100021 ..........................
NSPS .............................
Ja ...................................
1100023 ..........................
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Control No.
NSPS .............................
J .....................................
1100024 ..........................
NSPS .............................
J .....................................
1100025 ..........................
NSPS .............................
J .....................................
1100026 ..........................
NSPS .............................
J .....................................
Request to Extend Required Initial Performance Test due to
Force Majeure.
Applicability to Condensate Storage Tanks and a Backup
Vapor Recovery Unit.
Alternative Monitoring Plan for Opacity Monitoring—Fluidized
Catalytic Cracking Unit Wet Gas Scrubber.
Approval of Operating Parameters on an ExxonMobil Low Energy Jet Ejector Venturi (JEV) Wet Gas Scrubber for a
Compliance Alternative.
Alternative Monitoring Plan for Low Energy Jet Ejector Venturi
(JEV) Wet Gas Scrubber.
Alternative Monitoring Plan for Low Energy Jet Ejector Venturi
(JEV) Wet Gas Scrubber.
Request for Exemption in lieu of an Alternative Monitoring
Plan for Low Sulfur Bearing Fuel Gas Stream.
Alternative Monitoring Plan Request for a Wet Gas Scrubber
on a Fluid Catalytic Cracking Unit.
Alternative Monitoring Plan Request for Hydrogen Sulfide Vent
Stream Monitoring.
Request Exemption in lieu of an Alternative Monitoring Plan
for Low Sulfur Vent Stream Combustion from a Catalytic
Hydrodesulfurization Unit.
Request Exemption in lieu of an Alternative Monitoring Plan
for Low Sulfur Vent Stream from a Catalytic Platinum Reformer Unit.
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Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Notices
ADI DETERMINATIONS UPLOADED ON OCTOBER 30, 2013—Continued
Control No.
Categories
Subparts
Title
1200001 ..........................
NSPS .............................
NNN, RRR .....................
1200002 ..........................
NSPS .............................
EEEE .............................
1200003 ..........................
NSPS .............................
J .....................................
1200007 ..........................
NSPS .............................
Db ..................................
1200008 ..........................
NSPS .............................
J .....................................
1200010 ..........................
NSPS .............................
NNN, RRR .....................
1200011 ..........................
NSPS .............................
J .....................................
1200012 ..........................
NSPS .............................
J .....................................
1200013 ..........................
NSPS .............................
J .....................................
1200014 ..........................
NSPS .............................
J .....................................
1200015 ..........................
NSPS .............................
NNN, RRR .....................
1200022 ..........................
NSPS .............................
J .....................................
1200025 ..........................
1200028 ..........................
NSPS .............................
NSPS .............................
J .....................................
EEEE, FFFF ..................
1200032 ..........................
MACT, NSPS .................
JJJJ, ZZZZ .....................
A130001 .........................
Asbestos ........................
M ....................................
A130002 .........................
Asbestos ........................
M ....................................
A130003 .........................
M130001 .........................
Asbestos ........................
MACT .............................
M ....................................
CC ..................................
M130002 .........................
MACT .............................
FFFF, YY .......................
Z130001 ..........................
NESHAP ........................
E ....................................
Alternative Monitoring Plan Request for Vent Stream Flow
Monitoring for a Distillation Column and Associated Flare.
Request for Clarification of Other Solid Waste Incinerators Exclusion For Prescription Drugs Returned through Voluntary
Program.
Request for Exemption in lieu of an Alternative Monitoring
Plan for Monitoring of Multiple Low Sulfur Vent Streams
from a Coker Disulfide Separator and Reformer.
Request for Use of Alternate Span Value for NOX CEMS on a
Boiler.
Alternative Monitoring Plan Request for Monitoring a Wet Gas
Scrubber on a Refinery Fluid Catalytic Cracking Unit.
Alternative Monitoring Plan and Test Waiver Request for Vent
Stream Flow Monitoring.
Request Exemption in lieu of an Alternative Monitoring Plan
for Monitoring Three Low Sulfur Vent Streams from Combustion a Catalytic Hydrodesulfurization Unit.
Request Exemption in lieu of an Alternative Monitoring Plan
for Low Sulfur Vent Stream Combustion from a Cumene
Depropanizer Unit.
Alternative Monitoring Plan Request for Wet Gas Scrubbers
on a Refinery Fluid Catalytic Cracking Unit.
Request Exemption in lieu of an Alternative Monitoring Plan
for Vent Stream Combustion from a Catalytic Reformer Unit
in a Flare.
Alternative Monitoring Plan Request for the Use of Car Seals
on Closed Bypass Valves.
Request for Clarification of Marine Vessel Loading Vapors as
Fuel Gas.
Request for Use of Alternate Span Value for O2 CEMS.
Alternative Emission Control Request to use Operating Parameter Limits (OPLs) in Lieu of using a Wet Scrubber.
Determination of Applicability for Stationary Spark Ignition Internal Combustion Engines.
Determination of the Use of Foam to Meet the Adequately
Wet Requirement.
Removal of Buried Pipe Wrapped with Asbestos-Containing
Material.
Encapsulating Wall Board with Spray Foam.
Alternative Monitoring Plan Request for use of a Video Camera for Verification of Flare Pilot Light.
Determination of Applicability of NESHAP to Propane Dehydrogenation Plant.
Determination of Applicability of NESHAP to an Integrated
Biosolids Management System.
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Abstracts
Abstract for [1100013]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100013.pdf.
Q: Will EPA consider as force majeure
certain contract disputes between a
company and its contractor over
production testing and plant operation
at a facility that prevented stack tests
from being conducted before the
compliance deadline under 40 CFR part
60, subparts OOO and UUU, at the
Cadre Material Products crusher and
calciner facility in Voca, Texas?
A: No. EPA disagreed that the events
described in the request letter met the
criteria of force majeure under 40 CFR
60.8(a), because the contract dispute
was not beyond the company’s ability to
control. EPA disapproved the request
for an eight week extension to conduct
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required performance testing and
submit the necessary reports; however,
EPA granted a one-week extension for
adverse weather conditions that
occurred and did meet force majeure
criteria.
Abstract for [1100014]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100014.pdf.
Q1: Does 40 CFR part 60, subparts A
and KKK apply to a backup vapor
recovery unit (BU–VRU) compressor at
the Marathon Petroleum (Marathon)
Indian Basin Gas Plant (IBGP) near
Carlsbad, New Mexico?
A1: Yes. EPA determined that the
BU–VRU compressor unit is considered
to be in VOC service. Even though the
compressor is associated with pollution
control equipment, the pollution control
exemption of 40 CFR 60.14(e) of the
General Provisions cannot apply
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because of a direct conflict with the
applicability provisions of NSPS
subpart KKK. The provisions of 40 CFR
60.630 supersede any exemptions in 40
CFR 60.14.
Q2: Does 40 CFR part 60, subparts A
and Kb apply to two stabilized
condensate storage tanks at the
Marathon IBGP near Carlsbad, New
Mexico?
A2: Yes. EPA determined that the two
storage tanks are located after the point
of custody transfer since these are
located in the natural gas processing
plant, which is upstream of the IBGP.
Therefore, both tanks are subject to the
requirements of NSPS subpart Kb
because the custody transfer exemption
of 40 CFR § 60.110b(d)(4) does not
apply.
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Abstract for [1100015]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100015.pdf.
Q: Does EPA approve ExxonMobil’s
Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) and 63.8(4)(i)
for monitoring a wet gas scrubber (WGS)
on refinery Fluid Catalytic Cracking
Unit (FCCU) No. 2, in lieu of a
Continuous Opacity Monitoring System
(COMS), to demonstrate compliance
with the opacity limits under 40 CFR
60.102(a)(2) and parameter monitoring
requirements of 40 CFR § 63.1564(b)(1)
at ExxonMobil’s Baytown, Texas
refinery (ExxonMobil)?
A: Yes. EPA granted final approval of
ExxonMobil’s AMP based on its
approval of the two scrubber operating
parameter limits (OPLs) established
under performance testing at
representative operating conditions for
the FCCU and each WGS. The
establishment of the two OPLs and their
approval by EPA were conditions in a
prior approval. Previously, EPA had
conditionally approved ExxonMobil’s
AMP request since moisture in the
FCCU exhaust from the WGS interfered
with the ability of the COMS to take
accurate readings, due to excessive
water at the point of measurement, and
flow meters were not reliable for
measuring WGS scrubber liquid
recirculation rates. In the response
letter, EPA also clarified that ongoing
compliance demonstration for each
approved OPL is to be based on a three
hour rolling average period.
Abstract for [1100016]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100016.pdf.
Q: Does EPA approve ConocoPhillips’
Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) for monitoring
a wet gas scrubber (WGS) on refinery
Fluid Catalytic Cracking Unit (FCCU)
No. 4, in lieu of a Continuous Opacity
Monitoring System (COMS), to
demonstrate compliance with the
opacity limit under 40 CFR 60.102(a)(2)
at ConocoPhillips’ Ponca City,
Oklahoma refinery?
A: Yes. EPA granted final approval of
ConocoPhillips’ AMP request
established under performance testing at
representative operating conditions for
the FCCU and each WGS. The
establishment of the two OPLs and their
approval by EPA were conditions in a
prior approval. Previously, EPA had
conditionally approved ConocoPhillips’
AMP request because moisture in the
FCCU exhaust from the WGS interfered
with the ability of the COMS to take
accurate readings, due to excessive
water at the point of measurement. As
described in the response letter, EPA
also required continued periodic testing
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to confirm OPLs for ongoing compliance
demonstration beyond the termination
of the existing Consent Decree.
Abstract for [1100019]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100019.pdf.
Q: Does EPA approve ConocoPhillips’
Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) for monitoring
a wet gas scrubber (WGS) on refinery
Fluid Catalytic Cracking Unit (FCCU)
No. 5, in lieu of a Continuous Opacity
Monitoring System (COMS), to
demonstrate compliance with the
opacity limit under 40 CFR 60.102(a)(2)
at ConocoPhillips’ Ponca City,
Oklahoma refinery?
A: Yes. EPA granted final approval to
ConocoPhillips’ AMP request
established under performance testing at
representative operating conditions for
the FCCU and each WGS. The
establishment of the OPLs and their
approval by EPA were conditions in a
prior approval. Previously, EPA had
conditionally approved ConocoPhillips’
AMP request since moisture in the
FCCU exhaust from the WGS interfered
with the ability of the COMS to take
accurate readings due to excessive water
at the point of measurement. As
described in the response letter, EPA
also required continued periodic testing
to confirm OPLs for ongoing compliance
demonstration.
Abstract for [1100020]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100020.pdf.
Q: Will EPA approve Motiva’s
Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) for monitoring
wet gas scrubbers (WGS) on a refinery
Fluid Catalytic Cracking Unit (FCCU), in
lieu of a Continuous Opacity Monitoring
System (COMS), to demonstrate
compliance with the opacity limit under
40 CFR 60.102(a)(2) at Motiva’s
Convent, Louisiana refinery?
A: Yes. EPA conditionally approves
Motiva’s AMP since moisture in the
FCCU exhaust from the WGS interfered
with the ability of the COMS to take
accurate readings due to excessive water
at the point of measurement. The
conditions for approval require that
Motiva establish three Operating
Parameter Limits (OPLs) under
performance testing at representative
operating conditions for the FCCU and
each WGS, whereby worst-case
emissions are anticipated. EPA
identified the three OPLs to ensure that
the WGSs function as intended and
emissions from the FCCU will meet the
regulatory requirements for particulate
matter, sulfur dioxide and opacity.
Abstract for [1100021]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100021.pdf.
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68435
Q: Does EPA approve an exemption in
lieu of a previously submitted
Alternative Monitoring Plan (AMP)
request for combusting a vent stream
from an alkylation unit in a dedicated
process flare as an inherently low-sulfur
stream under 40 CFR part 60 subpart Ja,
at Valero Refining’s Ardmore, Oklahoma
refinery?
A: Yes. EPA determined that a
monitoring exemption is appropriate for
the Alkylation Unit vent stream, and
voided the AMP request. Based upon
review of the information provided,
EPA agreed that the dedicated process
flare is exempt from the monitoring
requirements of 40 CFR 60.105a(g)
because the vent stream combusted in
the flare is inherently low in sulfur
because it is produced in a process unit
intolerant to sulfur contamination, and
thus, meets the conditions and
exemption criteria of sulfur content
below 5 parts per million in 40 CFR
60.107a(a)(3)(iii). The effective date of
the exemption is the effective date of the
reissued final rule and lift of stay,
November 13, 2012. EPA also clarified
that the exemption determination
should be referenced and attached to the
facility’s new source review and Title V
permit for federal enforceability.
Abstract for [1100023]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100023.pdf.
Q: Does EPA approve Marathon
Petroleum’s (Marathon) Alternative
Monitoring Plan (AMP) under 40 CFR
60.13(i)(3) for monitoring a wet gas
scrubber (WGS) on a refinery Fluid
Catalytic Cracking Unit (FCCU), in lieu
of a Continuous Opacity Monitoring
System (COMS), to demonstrate
compliance with the opacity limit under
40 CFR 60.102(a)(2) at Marathon’s Texas
City, Texas refinery?
A: Yes. EPA granted final approval of
Marathon’s AMP request based on the
approval of the three scrubber operating
parameter limits (OPLs) established
under performance testing at
representative operating conditions for
the FCCU and each WGS. The
establishment of the OPLs and their
approval by EPA were conditions in a
prior approval. Previously, EPA had
conditionally approved Marathon’s
AMP request since moisture in the
FCCU exhaust from the WGS interfered
with the ability of the COMS to take
accurate readings due to excessive water
at the point of measurement. In the
response letter, EPA also clarified that
compliance demonstration for each OPL
was to be based on a three hour rolling
average period, and required continued
periodic testing to confirm OPLs for
ongoing compliance demonstration.
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Abstract for [1100024]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100024.pdf.
Q: Does EPA approve Motiva’s
Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) for monitoring
a hydrogen sulfide (H2S) vent stream
combusted in a crude charge heater, in
lieu of a Continuous Emissions
Monitoring System (CEMS), to
demonstrate compliance with the sulfur
dioxide (H2S) monitoring requirements
of 40 CFR 60.105(a)(3) and (4) under
NSPS subpart J, at Motiva’s Convent,
Louisiana refinery?
A: No. EPA determined that Motiva’s
AMP request is not acceptable because
it has not submitted sufficient
information to justify it. EPA requires
that at least two critical independent
Operating Limit Parameters (OPLs) be
proposed for the caustic pre-wash tower
to be able to obtain EPA’s approval for
using a daily ‘‘doctor test’’ (ASTM
Method D4952–09) to monitor total
sulfur and sulfides in the tower outlet
effluent, in lieu of installing a H2S
CEMS. Therefore, the requirement to
install a CEMS for monitoring H2S in
the vent stream combusted in the Crude
Charge Heater under 40 CFR
60.105(a)(4) shall continue to apply.
Abstract for [1100025]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100025.pdf.
Q: Does EPA approve an exemption in
lieu of a previously approved
Alternative Monitoring Plan (AMP) for
combusting the vent stream from a
catalytic Hydrodesulfurization unit
(CHD No. 1) at a process heater as an
inherently low-sulfur stream under 40
CFR part 60 subpart J, at the
ExxonMobil’s Beaumont, Texas
refinery?
A: Yes. EPA approves the monitoring
exemption for the catalytic
hydrodesulfurization vent stream, and
voided ExxonMobil’s AMP request
based on the process operating
parameters and monitoring data
submitted by the company and in light
of changes made to Subpart J on June
24, 2008 (73 FR 35866). The vent stream
combusted in the heater meets the
conditions and exemption criteria of 40
CFR 60.105(b)(1)(i)–(v), and therefore
has been demonstrated to be inherently
low in sulfur since it meets the
conditions and exemption criteria of
sulfur content below 5 parts per million
in 40 CFR 60.105(a)(4)(iv)(C). EPA
agreed that the process heater is exempt
from monitoring requirements of 40 CFR
60.105(a)(3) and (4). If refinery
operations change from representations
made for this exemption determination,
then ExxonMobil must document the
change(s) and follow the appropriate
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steps outlined in 40 CFR 60.105(b)(3)(i)–
(iii).
Abstract for [1100026]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1100026.pdf.
Q: Does EPA approve an exemption in
lieu of an Alternative Monitoring Plan
(AMP) for combusting the combined
vent stream from a catalytic platinum
reformer unit (PtR–4) in two heaters or
a low pressure flare as an inherently
low-sulfur stream under 40 CFR part 60
subpart J, at the ExxonMobil Beaumont,
Texas refinery?
A: Yes. EPA determined that a
monitoring exemption is appropriate for
the combined vent stream, and voided
the AMP request based on the process
operating parameters and monitoring
data submitted by the company and in
light of changes made to Subpart J on
June 24, 2008 (73 FR 35866). EPA
agreed that the heaters and flare that
burn the vent stream are exempt from
monitoring requirements of 40 CFR
60.105(a)(3) and (4). The combined vent
stream combusted is inherently low in
sulfur because it is produced in a
process unit intolerant to sulfur
contamination, and thus, meets the
conditions and exemption criteria of
sulfur content below 5 parts per million
in 40 CFR 60.105(a)(4)(iv)(C). If refinery
operations change such that the sulfur
content of the off-gas vent stream
changes from representations made for
this exemption determination, then
ExxonMobil must document the
change(s) and follow the appropriate
steps outlined in 40 CFR 60.105(b)(3)(i)–
(iii).
Abstract for [1200001]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200001.pdf.
Q: Does EPA approve an Alternative
Monitoring Plan (AMP) for vent stream
flow monitoring for a distillation
column and associated flare to
implement NSPS subpart RRR testing,
monitoring, and recordkeeping
provisions in lieu of complying with
corresponding provisions of NSPS
subpart NNN, with the exception of
small vent and drain valves utilized for
maintenance events, for the Advanced
Aromatics facility in Baytown, Texas?
A: Yes. EPA approves Advanced
Aromatics’ AMP request to implement
NSPS subpart RRR for testing,
monitoring, and recordkeeping
provisions in lieu of complying with
corresponding provisions of NSPS
subpart NNN for a distillation column
vent stream routed to a flare without
any by-pass lines. To ensure that
affected vent streams are routed to
appropriate control devices, Advanced
Aromatics is required to maintain a
schematic diagram of the affected vent
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streams, collection system(s), fuel
systems, control devices, and bypass
systems as part of the initial report
submitted in accordance with 40 CFR
60.705(b). EPA noted that small vent
and drain valves utilized for
maintenance events are not exempt
under NSPS subpart NNN or subpart
RRR. Therefore, flow must be monitored
during maintenance events at these
locations in accordance with NSPS
subpart RRR, because such components
act as bypass valves during such events
(i.e., flow is diverted away from the
control device).
Abstract for [1200002]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200002.pdf.
Q: The Arkansas Department of
Environmental Quality requests
guidance from EPA on whether
prescription drugs collected by the
police department during community
voluntary take back programs in
Arkansas meet the definition of
confiscated contraband under 40 CFR
60.2887(p), in order to claim an
exclusion from NSPS subpart EEEE
requirements for other solid waste
incinerators (OSWI)?
A: No. EPA does not consider
prescription drugs collected from
households during a community take
back program to be illegal or prohibited
drugs; therefore, they are not
‘‘contraband.’’ As described in the
preamble to the OSWI final rule (69 FR
71483), such drugs are clearly not
confiscated, since they are voluntarily
collected.
Abstract for [1200003]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200003.pdf.
Q: Does EPA approve exemptions in
lieu of Alternative Monitoring Plans
(AMP) for combusting multiple vent
streams from a coker, disulfide
separator, and reformer in various
combustion devices as inherently lowsulfur streams under 40 CFR part 60
subpart J, at the Valero Refining Texas
City, Texas refinery?
A: Yes. EPA approves a monitoring
exemption for the vent streams, and
voided the original AMP request based
on review of the information provided
by the company and in light of changes
made to Subpart J on June 24, 2008 (73
FR 35866). EPA agreed that the
combustion devices are exempt from
monitoring requirements of 40 CFR
60.105(a)(3) and (4). The two vent
streams combusted are inherently low
in sulfur because they are produced in
a process unit intolerant to sulfur
contamination, and thus, meet the
conditions and exemption criteria of
sulfur content of below 5 parts per
million in 40 CFR 60.105(a)(4)(iv)(C). If
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refinery operations cause a change in an
exempt stream status, then Valero must
document the change and determine if
the stream remains exempt.
Abstract for [1200007]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200007.pdf.
Q: Does EPA approve an alternative
monitoring plan (AMP) to use a lower
alternate span value for a nitrogen oxide
(NOX) continuous emissions monitoring
system (CEMS) than what is required in
40 CFR 60.48b(e)(2) on a boiler required
to meet more stringent NOX emission
limit under Best Available Control
Technology (BACT) and subject to NSPS
subpart Db, at ConocoPhillips’
Westlake, Louisiana facility?
A: Yes. EPA approves ConocoPhilip’s
AMP to lower the Boiler NOX CEMS
span setting from 500 ppm to 100 ppm
for the existing facility operations. The
use of BACT may lower stack gas
concentrations such that the span value
of 500 ppm for NOX CEMS specified by
40 CFR 60.48b(e)(2) may be too high to
ensure accurate and reliable reporting of
compliance with a more stringent NOX
emission limit. The proposed lower
span setting should ensure accuracy in
measuring actual NOX concentrations in
the boiler stack gases so that compliance
can be demonstrated with adequate
confidence levels.
Abstract for [1200008]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200008.pdf.
Q: Does EPA approve ConocoPhillips’
Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) for monitoring
a wet gas scrubber (WGS) on a refinery
Fluid Catalytic Cracking Unit (FCCU), in
lieu of a Continuous Opacity Monitoring
System (COMS), to demonstrate
compliance with the opacity limit under
40 CFR 60.102(a)(2) at ConocoPhillips’
Sweeny, Texas refinery?
A: Yes. EPA granted final approval of
ConocoPhillips’ AMP request based on
approval of the three scrubber operating
parameter limits (OPLs) CHD No. 1
established under performance testing at
representative operating conditions. The
establishment of the three OPLs and
their approval by EPA were conditions
in a prior approval. Previously, EPA had
conditionally approved the AMP since
moisture in the FCCU exhaust from the
WGS interfered with the ability of the
COMS to take accurate readings, due to
excessive water at the point of
measurement.
Abstract for [1200010]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200010.pdf.
Q: Does EPA approve an Alternative
Monitoring Plan (AMP) request and a
performance test waiver for two
ethylene distillation columns vent
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streams being introduced with the
primary fuel into associated boilers and
process heaters without any bypass
lines, in accordance with 40 CFR
60.8(b), and as provided by 40 CFR
60.704(b)(5), to implement NSPS
subpart RRR testing, monitoring, and
recordkeeping provisions in lieu of
complying with corresponding
provisions of NSPS subpart NNN, at the
Chevron Phillips facility in Port Arthur,
Texas?
A: Yes. EPA approves Chevron
Phillips’ AMP request to implement the
NSPS subpart RRR for testing,
monitoring, and recordkeeping
provisions, in lieu of complying with
corresponding provisions of NSPS
subpart NNN. To ensure that affected
vent streams are routed to the
appropriate control devices, Chevron
Phillips facility is required to maintain
a schematic diagram of the affected vent
streams, collection system(s), fuel
systems, and control devices as part of
the initial report submitted in
accordance with 40 CFR 60.705(b).
Abstract for [1200011]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200011.pdf.
Q: Does EPA approve an exemption in
lieu of an Alternative Monitoring Plan
(AMP) for combusting three vent
streams from a catalytic
hydrodesulfurization unit as inherently
low-sulfur streams under 40 CFR part 60
subpart J, at the Citgo Petroleum Corpus
Christi, Texas East refinery (Citgo)?
A: Yes. EPA determined that a
monitoring exemption is appropriate for
the specified Hydrar vent streams, and
voided the original AMP request in light
of the changes of the revised rule dated
June 24, 2008. Based on a review of the
information provided, EPA agreed that
combustion devices which burn the
streams are exempt from the monitoring
requirements of 40 CFR 60.105(a)(3) and
(4). The vent streams combusted are
inherently low in sulfur because they
are produced in a process unit
intolerant to sulfur contamination, and
thus, meet the conditions and
exemption criteria of sulfur content
below 5 parts per million in 40 CFR
60.105(a)(4)(iv)(C). If refinery operations
cause a change in an exempt stream
status, then Citgo must document the
change and determine if the stream
remains exempt. If it is determined that
the streams are no longer exempt,
continuous monitoring at each
combustion device must begin within
15 days of the change, in accordance
with 40 CFR 60.105(a)(4)(iv).
Abstract for [1200012]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200012.pdf.
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Q: Does EPA approve an exemption in
lieu of an Alternative Monitoring Plan
(AMP) for combusting a vent stream
from a cumene depropanizer unit as an
inherently low-sulfur stream under 40
CFR part 60 subpart J, at the Citgo
Petroleum Corpus Christi, Texas East
refinery (Citgo)?
A: Yes. EPA determined that a
monitoring exemption is appropriate for
the vent stream from a cumene
depropanizer unit, and voided the
original Citgo’s AMP in the light of the
changes of the revised rule dated June
24, 2008. Based on a review of the
information provided, EPA agreed that
combustion devices that burn the vent
stream are exempt from monitoring
requirements of 40 CFR 60.105(a)(3) and
(4). The vent stream combusted is
inherently low in sulfur because it is
produced in a process unit intolerant to
sulfur contamination, and thus, meets
the exemption criteria of sulfur content
below 5 parts per million in 40 CFR
60.105(a)(4)(iv)(C). If refinery operations
cause a change in an exempt stream
status, then Citgo must document the
change and determine if the stream
remains exempt. If it is determined that
the stream is no longer exempt,
continuous monitoring at each
combustion device must begin within
15 days of the change, in accordance
with 40 CFR 60.105(a)(4)(iv).
Abstract for [1200013]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200013.pdf.
Q: Does EPA approve an Alternative
Monitoring Plan (AMP) under 40 CFR
60.13(i)(3) for monitoring wet gas
scrubbers (WGS) on a refinery Fluid
Catalytic Cracking Unit (FCCU), in lieu
of a Continuous Opacity Monitoring
System (COMS), to demonstrate
compliance with the opacity limit under
40 CFR 60.102(a)(2) at Citgo Petroleum’s
(Citgo) Lake Charles, Louisiana refinery?
A: EPA conditionally approves Citgo’s
AMP request. The AMP approval is
conditioned on Citgo conducting
another performance test (PT) to
properly evaluate under representative
operating conditions and establish the
three operating parameter limits (OPLs)
for each WGS to ensure these scrubbers
function as intended, and that the PT
results indicate that emissions from the
FCCU meet the particulate matter, sulfur
dioxide and opacity standards.
Abstract for [1200014]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200014.pdf.
Q: Does EPA approve an exemption in
lieu of an Alternative Monitoring Plan
(AMP) for combusting a vent stream
from a catalytic reformer unit in a flare
as an inherently low-sulfur stream
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under 40 CFR part 60 subpart J, at the
ConocoPhillips Sweeny, Texas refinery?
A: Yes. EPA determined that a
monitoring exemption is appropriate for
the catalytic reformer unit vent stream,
and voided the original AMP in light of
the changes made in the revised rule
dated June 24, 2008. Based on a review
of the information provided, EPA agreed
that the flare is exempt from the
monitoring requirements of 40 CFR
60.105(a)(3) and (4). The vent stream
combusted in the flare is inherently low
in sulfur because it is produced in a
process unit intolerant to sulfur
contamination, and thus, meets the
conditions and exemption criteria of
sulfur content below 5 parts per million
in 40 CFR 60.105(a)(4)(iv)(C). If other
sulfur/sulfide bearing streams not from
catalytic reformers enter the stripper
and become part of the waste fuel gas
stream, ConocoPhillips must apply for
an AMP on the stripper, and propose at
least three independent process
parameters to ensure a low sulfur/
sulfide stream going to the flare. EPA
clarify that any significant increase in
the sulfur/sulfide concentration
detected in the stream would initiate
continuous monitoring under 40 CFR
60.1 05(a)(3) or (4).
Abstract for [1200015]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200015.pdf.
Q: Does EPA approve a waiver of the
requirement under NSPS subpart NNN
at 40 CFR 60.663(b)(2), and to
implement the alternative monitoring
requirements of NSPS subpart RRR at 40
CFR 60.703(b)(2)(ii) instead, at the
ConocoPhillips East Vacuum Liquid
Recovery/CO2 Plant in Lea County, New
Mexico?
A: Yes. EPA approves ConocoPhillips’
AMP request for a waiver of the
monitoring requirements under 40 CFR
60.663(b)(2) to implement the
monitoring requirements of 40 CFR
60.703(b)(2)(ii) instead, which will
allow for the use of car seals on closed
bypass valves in lieu of flow indicators.
To ensure that affected vent streams are
routed to appropriate control devices,
ConocoPhillips is required to maintain
a schematic diagram of the affected vent
streams, collection system(s), fuel
systems, control devices, and bypass
systems as part of the initial report
submitted in accordance with 40 CFR
60.705(b).
Abstract for [1200022]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200022.pdf.
Q: Are marine vessel loading vapors
that are inherently low in sulfur,
collected by a Marine Vapor Recovery
(MVR) system and routed to an airassisted marine flare vapor combustor,
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at the ExxonMobil Beaumont, Texas
refinery, subject to MACT subpart Y
requirements under 40 CFR 63.562, also
subject to New Source Performance
Standards (NSPS) for Refineries, part 60,
subpart J?
A: No. EPA determines that if the vent
stream is collected to comply with the
provisions for marine tank vessel
loading under 40 CFR 63.562 or 40 CFR
63.651, it does not meet the definition
of a fuel gas, as defined at 40 CFR
60.101(d). EPA evaluated ExxonMobil’s
request in light of changes made to
NSPS subpart J on June 24, 2008, which
modified the definition of fuel gas to
specifically exclude vapors collected
and combusted to comply with
provisions of 40 CFR 63.562 or 40 CFR
63.651.
Abstract for [1200025]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200025.pdf.
Q: Does EPA approve an alternative
monitoring plan (AMP) for an alternate
lower span setting of 10 percent for the
oxygen (O2) continuous emissions
monitoring system (CEMS) on sulfur
recovery units (SRU) subject to NSPS
subpart J at the Flint Hills Resources
(FHR) East and West Refineries in
Corpus Christi, Texas?
A: Yes. EPA approves the AMP
request for the proposed lower span
setting of 10 percent for the specified
CEMS since it satisfied criteria
established in Performance
Specification 2 of subpart 60, Appendix
B. Based on the information provided in
your AMP request, the lower span
setting on specified CEMS should
ensure accuracy in measuring actual
pollutant concentrations in stack gases
so that compliance can be demonstrated
with adequate confidence levels.
Abstract for [1200028]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200028.pdf.
Q: Does EPA approve a petition to use
Operating Parameter Limits (OPLs) to
limit emissions in lieu of using a wet
scrubber for a dual chamber commercial
other solid waste incinerator (OSWI)
unit, which destroys contraband for U.S.
Customs and other law enforcement
agencies, under NSPS subpart FFFF,
located at Kippur Corporation’s
(Kippur) El Paso, Texas facility?
A: No. EPA denies Kippur’s petition
due to a lack of information pertaining
to the recent modification made to
increase the design capacity of the
OWSI unit, as well as a lack of
information pertaining to both the
proper characterization of material fired
to the OSWI Unit and the proper
operation, performance testing
established under representative
operating conditions, and subsequent
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monitoring of the OSWI unit proposed
OPLs to demonstrate compliance with
the rule. As described in the EPA
response letter, this information is
needed to be able to evaluate the
petition under the appropriate rule that
applies to the modified OSWI unit. If a
modification occurred, then according
to 40 CFR 60.2992, the OSWI unit
becomes subject to 40 CFR part 60
subpart EEEE and 40 CFR part 60
subpart FFFF no longer applies.
Abstract for [1200032]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\1200032.pdf.
Q1: The Oklahoma Department of
Environmental Quality (ODEQ) requests
guidance from EPA on whether engines
with: (1) A maximum engine power
equal to or greater than 75 KW (100 HP),
except gasoline and rich burn engines
that use liquid petroleum gas, which
were manufactured between 06/12/2006
and 07/01/2007, and for which the
owner or operator commenced
construction after 06/12/2006; and (2)
lean-burning maximum engine power
equal to or greater than 500 HP but less
than 1,350 HP, manufactured between
06/12/2006 and 01/01/2008, and for
which the owner or operator
commenced construction after 06/12/
2006; are subject to requirements of 40
CFR part 63 subpart ZZZZ for
reciprocating internal combustion
engines (RICE MACT) and 40 CFR part
60 subpart JJJJ for stationary spark
ignition internal combustion engines
(SSIICE)?
A1: No. EPA concurs with ODEQ that
the specified engines do not meet the
criteria of 40 CFR 60.4230(a), and
consequently have no applicable
requirements under the SSIICE NSPS or
the RICE MACT rules.
Q2: What are the streamlined
compliance requirements for various
categories of engines in relation to the
SSIICE NSPS or the RICE MACT?
A2: EPA notes that if an engine
specifically identified in 40 CFR
63.6590(c) is not subject to any
requirements in the NSPS SSIICE, then
no further action is necessary for the
specified engine under the RICE MACT.
However, all other engines must meet
additional requirements if so delineated
in the RICE MACT.
Q3: What are the key factors in
determining whether an owner/operator
has any additional requirements to meet
under the RICE MACT when the engine
is not subject to NSPS SSIICE?
A3: The key factors in determining if
there are additional requirements to
meet under the RICE MACT, when the
engine is not subject to the SSIICE
NSPS, are engine size and whether or
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not the engine is located at a major
source or area source.
Abstract for [A130001]:
C:\Documents and
Settings\mmalave\Local
Settings\Temp\wzc696\A130001.pdf.
Q: The Asbestos Institute request
clarification from EPA on whether the
use of foam meet the ‘‘adequately wet’’
standard, as stated in the Asbestos
NESHAP, 40 CFR part 61, subpart M?
A: EPA determines that as long as the
foam is applied as a liquid and
sufficiently mixes with or penetrates the
asbestos-containing material and
prevents visible emissions, the use of
such foam is acceptable in meeting the
adequately wet requirement under the
Asbestos NEHSAP M. The response is
limited to this question regarding foam
as a wetting agent. It is the
responsibility of the owner or operator
to meet other asbestos emission control
requirements (also known as ‘‘work
practice standards’’) during the
demolition or renovation operation, as
described in the EPA response letter.
Abstract for [A130002]:
C:\Documents and
Settings\mmalave\Local
Settings\Temp\wzc696\A130002.pdf.
Q1: Cantey Hanger LLP request a
determination for a client on whether
only removing a 1500 foot section of the
asbestos-containing material (ACM)wrapped pipeline in a pipeline
renovation project, while leaving the
remainder of the non-friable ACMwrapped pipeline in the ground,
transform the site into a waste disposal
site under 40 CFR 61.154 of 40 CFR part
61, subpart M (i.e., Asbestos NESHAP)?
A1: No. The Asbestos NESHAP does
not apply to undisturbed pipelines
coated with ACM that remain in the
ground following a renovation project,
which is the described scenario in your
request, as long as no asbestoscontaining waste material is deposited
in the recently renovated area. This is
consistent with a previously EPA issued
applicability determination, ADI
Control Number A030001 dated March
6, 2003.
Q2: If no additional ACM is deposited
at the site for a year, would the site
become an inactive waste disposal site
per 40 CFR 61.154(g)?
A2: Yes. If the renovated area does not
receive asbestos-containing waste
material, the site is not subject to the
active waste disposal regulation at 40
CFR 61.154, in general and 40 CFR
61.154(g), specifically. Therefore, the
inactive waste disposal requirement at
40 CFR 61.151 of the Asbestos NESHAP
does not apply.
Abstract for [A130003]:
C:\Documents and
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Settings\mmalave\Local
Settings\Temp\wzc696\A130003.pdf.
Q: Does 40 CFR part 61, subpart M
(i.e., Asbestos NESHAP) apply to
encapsulating wall board with spray
foam insulation if the surface of the wall
board will not be disturbed?
A: EPA is unable to comment on
whether encapsulating wall board with
spray foam insulation would be
compliant with the Asbestos NESHAP
based on the limited on site-specific
information provided in the request.
However, if the work you are
contemplating does not involve
wrecking or taking out load-bearing
structures (demolition) or altering one
or more facility components, including
stripping or removing regulated
asbestos-containing material
(renovation), then the Asbestos
NESHAP for demolition and renovation
operations does not apply to the
proposed action.
Abstract for [M130001]:
C:\Documents and
Settings\mmalave\Local
Settings\Temp\wzc696\M130001.pdf.
Q: Does EPA approve Valero
Refinery’s (Valero) Alternative
Monitoring Plan (AMP) for using a
video camera to monitor a flare pilot
flame in a control room and record the
observation, in lieu of having an
ultraviolet (UV) flame detector, as
required by 40 CFR part 63 subpart CC,
at Valero’s Three Rivers refinery in
Texas?
A: No. EPA does not approve Valero’s
AMP since it determined that the
equivalence of using a video camera that
must be monitored by operations
personnel in lieu of a continuous
recording thermocouple or equivalent
device was not demonstrated under 40
CFR 60.18(1)(2). 40 CFR 63.644(a)(2)
requires that a device that continuously
detects the presence of a pilot flame
must be used when the controlling
device is a flare. 40 CFR 63.11(b)(5)
requires that the monitoring device
must be a thermocouple or equivalent
device. A thermocouple has a
continuous recording mechanism that is
not dependent on operation or
monitoring by personnel.
Abstract for [M130002]:
C:\Documents and
Settings\mmalave\Local
Settings\Temp\wzc696\M130002.pdf.
Q: Is the propane dehydrogenation
(PDH) plant located at the Dow
Chemical Company, Texas Operations
(Dow) site subject to 40 CFR part 63
subpart YY (MON NESHAP) or subpart
FFFF (GMACT and Ethylene MACT)?
A: EPA determines that Dow’s process
is subject to the MON NESHAP, as it did
not meet the criteria of an ethylene
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
68439
production process as defined by the
Ethylene MACT due to the natural gas
liquid feed stream and process
conditions including temperature.
Abstract for [Z130001]: C:\Documents
and Settings\mmalave\Local
Settings\Temp\wzc696\Z130001.pdf.
Q: Is the integrated biosolids
management system (IBMS), which uses
dried biosolids as a feedstock in the
gasifier to produce syngas for heat
energy to be transferred to the indirect
sludge dryer, located at the MaxWest
South Sanford Water Resources Center
(MaxWest) in Sanford, Florida, subject
to 40 CFR part 61 subpart E?
A: EPA determines that Subpart E is
applicable to sludge gasifier and
integrated thermal oxidizer portions and
not to the sludge dryer portion of
MaxWest’s IBMS system. 40 CFR part 61
subpart E does not apply to MaxWest’s
IBMS sludge dryer portion because it
does not meet the definition of ‘‘sludge’’
dryer in 40 CFR part 61 subpart E since
it being indirectly heated by thermal
transfer fluid with no contact with
combustion gases. 40 CFR part 61
subpart E applies to MaxWest’s
combination of the gasifier and thermal
oxidizer as together they comprise a
sewage sludge incinerator of a two-steps
process, one that produces the gases
through the heating of sewage sludge,
and a follow up unit in which the gases
are combusted and emissions vented to
the atmosphere.
Dated: October 24, 2013.
Lisa Lund,
Director, Office of Compliance.
[FR Doc. 2013–27287 Filed 11–13–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2013–0490; FRL–9902–61]
FIFRA Scientific Advisory Panel;
Notice of Rescheduled Public Meeting
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Agency is issuing this
notice to reschedule the 3-day meeting
of the Federal Insecticide, Fungicide,
and Rodenticide Act Scientific Advisory
Panel (FIFRA SAP) to consider and
review, Scientific Uncertainties
Associated with Corn Rootworm
Resistance Monitoring for Bt Corn Plant
Incorporated Protectants (PIPs). The
meeting was announced in the Federal
Register on August 9, 2013. The Agency
issued a notice of cancellation in the
Federal Register on October 28, 2013.
SUMMARY:
E:\FR\FM\14NON1.SGM
14NON1
Agencies
[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Notices]
[Pages 68432-68439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27287]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9902-92-OECA]
Applicability Determination Index (ADI) Database System Recent
Posting: Applicability Determinations, Alternative Monitoring
Decisions, and Regulatory Interpretations Pertaining to Standards of
Performance for New Stationary Sources, Etc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability.
-----------------------------------------------------------------------
SUMMARY: This notice announces applicability determinations,
alternative monitoring decisions, and regulatory interpretations that
EPA has made under the New Source Performance Standards (NSPS); the
National Emission Standards for Hazardous Air Pollutants (NESHAP); and/
or the Stratospheric Ozone Protection Program.
FOR FURTHER INFORMATION CONTACT: An electronic copy of each complete
document posted on the Applicability Determination Index (ADI) database
system is available on the Internet through the Office of Enforcement
and Compliance Assurance (OECA) Web site at: https://www.epa.gov/compliance/monitoring/programs/caa/adi.html. The
[[Page 68433]]
letters and memoranda on the ADI may be located by control number,
date, author, subpart, or subject search. For questions about the ADI
or this notice, contact Maria Malave at EPA by phone at: (202) 564-
7027, or by email at: malave.maria@epa.gov. For technical questions
about individual applicability determinations or monitoring decisions,
refer to the contact person identified in the individual documents, or
in the absence of a contact person, refer to the author of the
document.
SUPPLEMENTARY INFORMATION:
Background
The General Provisions of the NSPS in 40 Code of Federal
Regulations (CFR) part 60 and the General Provisions of the NESHAP in
40 CFR part 61 provide that a source owner or operator may request a
determination of whether certain intended actions constitute the
commencement of construction, reconstruction, or modification. EPA's
written responses to these inquiries are commonly referred to as
applicability determinations. See 40 CFR Sec. Sec. 60.5 and 61.06.
Although the NESHAP part 63 regulations [which include Maximum
Achievable Control Technology (MACT) standards] and Sec. 111(d) of the
Clean Air Act (CAA) contain no specific regulatory provision providing
that sources may request applicability determinations, EPA also
responds to written inquiries regarding applicability for the part 63
and Sec. 111(d) programs. The NSPS and NESHAP also allow sources to
seek permission to use monitoring or recordkeeping that is different
from the promulgated requirements. See 40 CFR 60.13(i), 61.14(g),
63.8(b)(1), 63.8(f), and 63.10(f). EPA's written responses to these
inquiries are commonly referred to as alternative monitoring decisions.
Furthermore, EPA responds to written inquiries about the broad range of
NSPS and NESHAP regulatory requirements as they pertain to a whole
source category. These inquiries may pertain, for example, to the type
of sources to which the regulation applies, or to the testing,
monitoring, recordkeeping, or reporting requirements contained in the
regulation. EPA's written responses to these inquiries are commonly
referred to as regulatory interpretations.
EPA currently compiles EPA-issued NSPS and NESHAP applicability
determinations, alternative monitoring decisions, and regulatory
interpretations, and posts them to the ADI. In addition, the ADI
contains EPA-issued responses to requests pursuant to the stratospheric
ozone regulations, contained in 40 CFR part 82. The ADI is an
electronic index on the Internet with over one thousand EPA letters and
memoranda pertaining to the applicability, monitoring, recordkeeping,
and reporting requirements of the NSPS, NESHAP, and stratospheric ozone
regulations. Users can search for letters and memoranda by date, office
of issuance, subpart, citation, control number, or by string word
searches.
Today's notice comprises a summary of 32 such documents added to
the ADI on October 30, 2013. This notice lists the subject and header
of each letter and memorandum, as well as a brief abstract of the
letter or memorandum. Complete copies of these documents may be
obtained from the ADI through the OECA Web site at: www.epa.gov/compliance/monitoring/programs/caa/adi.html.
Summary of Headers and Abstracts
The following table identifies the database control number for each
document posted on the ADI database system on October 30, 2013; the
applicable category; the section(s) and/or subpart(s) of 40 CFR part
60, 61, or 63 (as applicable) addressed in the document; and the title
of the document, which provides a brief description of the subject
matter.
We have also included an abstract of each document identified with
its control number after the table. These abstracts are provided solely
to alert the public to possible items of interest and are not intended
as substitutes for the full text of the documents. This notice does not
change the status of any document with respect to whether it is ``of
nationwide scope or effect'' for purposes of CAA Sec. 307(b)(1). For
example, this notice does not convert an applicability determination
for a particular source into a nationwide rule. Neither does it purport
to make a previously non-binding document binding.
ADI Determinations Uploaded on October 30, 2013
----------------------------------------------------------------------------------------------------------------
Control No. Categories Subparts Title
----------------------------------------------------------------------------------------------------------------
1100013............................ NSPS.................. A, OOO, UUU........... Request to Extend Required
Initial Performance Test
due to Force Majeure.
1100014............................ NSPS.................. A, KKK, Kb............ Applicability to Condensate
Storage Tanks and a Backup
Vapor Recovery Unit.
1100015............................ MACT, NSPS............ J, UUU................ Alternative Monitoring Plan
for Opacity Monitoring--
Fluidized Catalytic
Cracking Unit Wet Gas
Scrubber.
1100016............................ NSPS.................. J..................... Approval of Operating
Parameters on an
ExxonMobil Low Energy Jet
Ejector Venturi (JEV) Wet
Gas Scrubber for a
Compliance Alternative.
1100019............................ MACT, NSPS............ J, UUU................ Alternative Monitoring Plan
for Low Energy Jet Ejector
Venturi (JEV) Wet Gas
Scrubber.
1100020............................ NSPS.................. J..................... Alternative Monitoring Plan
for Low Energy Jet Ejector
Venturi (JEV) Wet Gas
Scrubber.
1100021............................ NSPS.................. Ja.................... Request for Exemption in
lieu of an Alternative
Monitoring Plan for Low
Sulfur Bearing Fuel Gas
Stream.
1100023............................ NSPS.................. J..................... Alternative Monitoring Plan
Request for a Wet Gas
Scrubber on a Fluid
Catalytic Cracking Unit.
1100024............................ NSPS.................. J..................... Alternative Monitoring Plan
Request for Hydrogen
Sulfide Vent Stream
Monitoring.
1100025............................ NSPS.................. J..................... Request Exemption in lieu
of an Alternative
Monitoring Plan for Low
Sulfur Vent Stream
Combustion from a
Catalytic
Hydrodesulfurization Unit.
1100026............................ NSPS.................. J..................... Request Exemption in lieu
of an Alternative
Monitoring Plan for Low
Sulfur Vent Stream from a
Catalytic Platinum
Reformer Unit.
[[Page 68434]]
1200001............................ NSPS.................. NNN, RRR.............. Alternative Monitoring Plan
Request for Vent Stream
Flow Monitoring for a
Distillation Column and
Associated Flare.
1200002............................ NSPS.................. EEEE.................. Request for Clarification
of Other Solid Waste
Incinerators Exclusion For
Prescription Drugs
Returned through Voluntary
Program.
1200003............................ NSPS.................. J..................... Request for Exemption in
lieu of an Alternative
Monitoring Plan for
Monitoring of Multiple Low
Sulfur Vent Streams from a
Coker Disulfide Separator
and Reformer.
1200007............................ NSPS.................. Db.................... Request for Use of
Alternate Span Value for
NOX CEMS on a Boiler.
1200008............................ NSPS.................. J..................... Alternative Monitoring Plan
Request for Monitoring a
Wet Gas Scrubber on a
Refinery Fluid Catalytic
Cracking Unit.
1200010............................ NSPS.................. NNN, RRR.............. Alternative Monitoring Plan
and Test Waiver Request
for Vent Stream Flow
Monitoring.
1200011............................ NSPS.................. J..................... Request Exemption in lieu
of an Alternative
Monitoring Plan for
Monitoring Three Low
Sulfur Vent Streams from
Combustion a Catalytic
Hydrodesulfurization Unit.
1200012............................ NSPS.................. J..................... Request Exemption in lieu
of an Alternative
Monitoring Plan for Low
Sulfur Vent Stream
Combustion from a Cumene
Depropanizer Unit.
1200013............................ NSPS.................. J..................... Alternative Monitoring Plan
Request for Wet Gas
Scrubbers on a Refinery
Fluid Catalytic Cracking
Unit.
1200014............................ NSPS.................. J..................... Request Exemption in lieu
of an Alternative
Monitoring Plan for Vent
Stream Combustion from a
Catalytic Reformer Unit in
a Flare.
1200015............................ NSPS.................. NNN, RRR.............. Alternative Monitoring Plan
Request for the Use of Car
Seals on Closed Bypass
Valves.
1200022............................ NSPS.................. J..................... Request for Clarification
of Marine Vessel Loading
Vapors as Fuel Gas.
1200025............................ NSPS.................. J..................... Request for Use of
Alternate Span Value for
O2 CEMS.
1200028............................ NSPS.................. EEEE, FFFF............ Alternative Emission
Control Request to use
Operating Parameter Limits
(OPLs) in Lieu of using a
Wet Scrubber.
1200032............................ MACT, NSPS............ JJJJ, ZZZZ............ Determination of
Applicability for
Stationary Spark Ignition
Internal Combustion
Engines.
A130001............................ Asbestos.............. M..................... Determination of the Use of
Foam to Meet the
Adequately Wet
Requirement.
A130002............................ Asbestos.............. M..................... Removal of Buried Pipe
Wrapped with Asbestos-
Containing Material.
A130003............................ Asbestos.............. M..................... Encapsulating Wall Board
with Spray Foam.
M130001............................ MACT.................. CC.................... Alternative Monitoring Plan
Request for use of a Video
Camera for Verification of
Flare Pilot Light.
M130002............................ MACT.................. FFFF, YY.............. Determination of
Applicability of NESHAP to
Propane Dehydrogenation
Plant.
Z130001............................ NESHAP................ E..................... Determination of
Applicability of NESHAP to
an Integrated Biosolids
Management System.
----------------------------------------------------------------------------------------------------------------
Abstracts
Abstract for [1100013]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100013.pdf.
Q: Will EPA consider as force majeure certain contract disputes
between a company and its contractor over production testing and plant
operation at a facility that prevented stack tests from being conducted
before the compliance deadline under 40 CFR part 60, subparts OOO and
UUU, at the Cadre Material Products crusher and calciner facility in
Voca, Texas?
A: No. EPA disagreed that the events described in the request
letter met the criteria of force majeure under 40 CFR 60.8(a), because
the contract dispute was not beyond the company's ability to control.
EPA disapproved the request for an eight week extension to conduct
required performance testing and submit the necessary reports; however,
EPA granted a one-week extension for adverse weather conditions that
occurred and did meet force majeure criteria.
Abstract for [1100014]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100014.pdf.
Q1: Does 40 CFR part 60, subparts A and KKK apply to a backup vapor
recovery unit (BU-VRU) compressor at the Marathon Petroleum (Marathon)
Indian Basin Gas Plant (IBGP) near Carlsbad, New Mexico?
A1: Yes. EPA determined that the BU-VRU compressor unit is
considered to be in VOC service. Even though the compressor is
associated with pollution control equipment, the pollution control
exemption of 40 CFR 60.14(e) of the General Provisions cannot apply
because of a direct conflict with the applicability provisions of NSPS
subpart KKK. The provisions of 40 CFR 60.630 supersede any exemptions
in 40 CFR 60.14.
Q2: Does 40 CFR part 60, subparts A and Kb apply to two stabilized
condensate storage tanks at the Marathon IBGP near Carlsbad, New
Mexico?
A2: Yes. EPA determined that the two storage tanks are located
after the point of custody transfer since these are located in the
natural gas processing plant, which is upstream of the IBGP. Therefore,
both tanks are subject to the requirements of NSPS subpart Kb because
the custody transfer exemption of 40 CFR Sec. 60.110b(d)(4) does not
apply.
[[Page 68435]]
Abstract for [1100015]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100015.pdf.
Q: Does EPA approve ExxonMobil's Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) and 63.8(4)(i) for monitoring a wet gas
scrubber (WGS) on refinery Fluid Catalytic Cracking Unit (FCCU) No. 2,
in lieu of a Continuous Opacity Monitoring System (COMS), to
demonstrate compliance with the opacity limits under 40 CFR
60.102(a)(2) and parameter monitoring requirements of 40 CFR Sec.
63.1564(b)(1) at ExxonMobil's Baytown, Texas refinery (ExxonMobil)?
A: Yes. EPA granted final approval of ExxonMobil's AMP based on its
approval of the two scrubber operating parameter limits (OPLs)
established under performance testing at representative operating
conditions for the FCCU and each WGS. The establishment of the two OPLs
and their approval by EPA were conditions in a prior approval.
Previously, EPA had conditionally approved ExxonMobil's AMP request
since moisture in the FCCU exhaust from the WGS interfered with the
ability of the COMS to take accurate readings, due to excessive water
at the point of measurement, and flow meters were not reliable for
measuring WGS scrubber liquid recirculation rates. In the response
letter, EPA also clarified that ongoing compliance demonstration for
each approved OPL is to be based on a three hour rolling average
period.
Abstract for [1100016]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100016.pdf.
Q: Does EPA approve ConocoPhillips' Alternative Monitoring Plan
(AMP) under 40 CFR 60.13(i)(3) for monitoring a wet gas scrubber (WGS)
on refinery Fluid Catalytic Cracking Unit (FCCU) No. 4, in lieu of a
Continuous Opacity Monitoring System (COMS), to demonstrate compliance
with the opacity limit under 40 CFR 60.102(a)(2) at ConocoPhillips'
Ponca City, Oklahoma refinery?
A: Yes. EPA granted final approval of ConocoPhillips' AMP request
established under performance testing at representative operating
conditions for the FCCU and each WGS. The establishment of the two OPLs
and their approval by EPA were conditions in a prior approval.
Previously, EPA had conditionally approved ConocoPhillips' AMP request
because moisture in the FCCU exhaust from the WGS interfered with the
ability of the COMS to take accurate readings, due to excessive water
at the point of measurement. As described in the response letter, EPA
also required continued periodic testing to confirm OPLs for ongoing
compliance demonstration beyond the termination of the existing Consent
Decree.
Abstract for [1100019]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100019.pdf.
Q: Does EPA approve ConocoPhillips' Alternative Monitoring Plan
(AMP) under 40 CFR 60.13(i)(3) for monitoring a wet gas scrubber (WGS)
on refinery Fluid Catalytic Cracking Unit (FCCU) No. 5, in lieu of a
Continuous Opacity Monitoring System (COMS), to demonstrate compliance
with the opacity limit under 40 CFR 60.102(a)(2) at ConocoPhillips'
Ponca City, Oklahoma refinery?
A: Yes. EPA granted final approval to ConocoPhillips' AMP request
established under performance testing at representative operating
conditions for the FCCU and each WGS. The establishment of the OPLs and
their approval by EPA were conditions in a prior approval. Previously,
EPA had conditionally approved ConocoPhillips' AMP request since
moisture in the FCCU exhaust from the WGS interfered with the ability
of the COMS to take accurate readings due to excessive water at the
point of measurement. As described in the response letter, EPA also
required continued periodic testing to confirm OPLs for ongoing
compliance demonstration.
Abstract for [1100020]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100020.pdf.
Q: Will EPA approve Motiva's Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) for monitoring wet gas scrubbers (WGS) on a
refinery Fluid Catalytic Cracking Unit (FCCU), in lieu of a Continuous
Opacity Monitoring System (COMS), to demonstrate compliance with the
opacity limit under 40 CFR 60.102(a)(2) at Motiva's Convent, Louisiana
refinery?
A: Yes. EPA conditionally approves Motiva's AMP since moisture in
the FCCU exhaust from the WGS interfered with the ability of the COMS
to take accurate readings due to excessive water at the point of
measurement. The conditions for approval require that Motiva establish
three Operating Parameter Limits (OPLs) under performance testing at
representative operating conditions for the FCCU and each WGS, whereby
worst-case emissions are anticipated. EPA identified the three OPLs to
ensure that the WGSs function as intended and emissions from the FCCU
will meet the regulatory requirements for particulate matter, sulfur
dioxide and opacity.
Abstract for [1100021]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100021.pdf.
Q: Does EPA approve an exemption in lieu of a previously submitted
Alternative Monitoring Plan (AMP) request for combusting a vent stream
from an alkylation unit in a dedicated process flare as an inherently
low-sulfur stream under 40 CFR part 60 subpart Ja, at Valero Refining's
Ardmore, Oklahoma refinery?
A: Yes. EPA determined that a monitoring exemption is appropriate
for the Alkylation Unit vent stream, and voided the AMP request. Based
upon review of the information provided, EPA agreed that the dedicated
process flare is exempt from the monitoring requirements of 40 CFR
60.105a(g) because the vent stream combusted in the flare is inherently
low in sulfur because it is produced in a process unit intolerant to
sulfur contamination, and thus, meets the conditions and exemption
criteria of sulfur content below 5 parts per million in 40 CFR
60.107a(a)(3)(iii). The effective date of the exemption is the
effective date of the reissued final rule and lift of stay, November
13, 2012. EPA also clarified that the exemption determination should be
referenced and attached to the facility's new source review and Title V
permit for federal enforceability.
Abstract for [1100023]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100023.pdf.
Q: Does EPA approve Marathon Petroleum's (Marathon) Alternative
Monitoring Plan (AMP) under 40 CFR 60.13(i)(3) for monitoring a wet gas
scrubber (WGS) on a refinery Fluid Catalytic Cracking Unit (FCCU), in
lieu of a Continuous Opacity Monitoring System (COMS), to demonstrate
compliance with the opacity limit under 40 CFR 60.102(a)(2) at
Marathon's Texas City, Texas refinery?
A: Yes. EPA granted final approval of Marathon's AMP request based
on the approval of the three scrubber operating parameter limits (OPLs)
established under performance testing at representative operating
conditions for the FCCU and each WGS. The establishment of the OPLs and
their approval by EPA were conditions in a prior approval. Previously,
EPA had conditionally approved Marathon's AMP request since moisture in
the FCCU exhaust from the WGS interfered with the ability of the COMS
to take accurate readings due to excessive water at the point of
measurement. In the response letter, EPA also clarified that compliance
demonstration for each OPL was to be based on a three hour rolling
average period, and required continued periodic testing to confirm OPLs
for ongoing compliance demonstration.
[[Page 68436]]
Abstract for [1100024]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100024.pdf.
Q: Does EPA approve Motiva's Alternative Monitoring Plan (AMP)
under 40 CFR 60.13(i)(3) for monitoring a hydrogen sulfide
(H2S) vent stream combusted in a crude charge heater, in
lieu of a Continuous Emissions Monitoring System (CEMS), to demonstrate
compliance with the sulfur dioxide (H2S) monitoring
requirements of 40 CFR 60.105(a)(3) and (4) under NSPS subpart J, at
Motiva's Convent, Louisiana refinery?
A: No. EPA determined that Motiva's AMP request is not acceptable
because it has not submitted sufficient information to justify it. EPA
requires that at least two critical independent Operating Limit
Parameters (OPLs) be proposed for the caustic pre-wash tower to be able
to obtain EPA's approval for using a daily ``doctor test'' (ASTM Method
D4952-09) to monitor total sulfur and sulfides in the tower outlet
effluent, in lieu of installing a H2S CEMS. Therefore, the
requirement to install a CEMS for monitoring H2S in the vent
stream combusted in the Crude Charge Heater under 40 CFR 60.105(a)(4)
shall continue to apply.
Abstract for [1100025]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100025.pdf.
Q: Does EPA approve an exemption in lieu of a previously approved
Alternative Monitoring Plan (AMP) for combusting the vent stream from a
catalytic Hydrodesulfurization unit (CHD No. 1) at a process heater as
an inherently low-sulfur stream under 40 CFR part 60 subpart J, at the
ExxonMobil's Beaumont, Texas refinery?
A: Yes. EPA approves the monitoring exemption for the catalytic
hydrodesulfurization vent stream, and voided ExxonMobil's AMP request
based on the process operating parameters and monitoring data submitted
by the company and in light of changes made to Subpart J on June 24,
2008 (73 FR 35866). The vent stream combusted in the heater meets the
conditions and exemption criteria of 40 CFR 60.105(b)(1)(i)-(v), and
therefore has been demonstrated to be inherently low in sulfur since it
meets the conditions and exemption criteria of sulfur content below 5
parts per million in 40 CFR 60.105(a)(4)(iv)(C). EPA agreed that the
process heater is exempt from monitoring requirements of 40 CFR
60.105(a)(3) and (4). If refinery operations change from
representations made for this exemption determination, then ExxonMobil
must document the change(s) and follow the appropriate steps outlined
in 40 CFR 60.105(b)(3)(i)-(iii).
Abstract for [1100026]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1100026.pdf.
Q: Does EPA approve an exemption in lieu of an Alternative
Monitoring Plan (AMP) for combusting the combined vent stream from a
catalytic platinum reformer unit (PtR-4) in two heaters or a low
pressure flare as an inherently low-sulfur stream under 40 CFR part 60
subpart J, at the ExxonMobil Beaumont, Texas refinery?
A: Yes. EPA determined that a monitoring exemption is appropriate
for the combined vent stream, and voided the AMP request based on the
process operating parameters and monitoring data submitted by the
company and in light of changes made to Subpart J on June 24, 2008 (73
FR 35866). EPA agreed that the heaters and flare that burn the vent
stream are exempt from monitoring requirements of 40 CFR 60.105(a)(3)
and (4). The combined vent stream combusted is inherently low in sulfur
because it is produced in a process unit intolerant to sulfur
contamination, and thus, meets the conditions and exemption criteria of
sulfur content below 5 parts per million in 40 CFR 60.105(a)(4)(iv)(C).
If refinery operations change such that the sulfur content of the off-
gas vent stream changes from representations made for this exemption
determination, then ExxonMobil must document the change(s) and follow
the appropriate steps outlined in 40 CFR 60.105(b)(3)(i)-(iii).
Abstract for [1200001]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200001.pdf.
Q: Does EPA approve an Alternative Monitoring Plan (AMP) for vent
stream flow monitoring for a distillation column and associated flare
to implement NSPS subpart RRR testing, monitoring, and recordkeeping
provisions in lieu of complying with corresponding provisions of NSPS
subpart NNN, with the exception of small vent and drain valves utilized
for maintenance events, for the Advanced Aromatics facility in Baytown,
Texas?
A: Yes. EPA approves Advanced Aromatics' AMP request to implement
NSPS subpart RRR for testing, monitoring, and recordkeeping provisions
in lieu of complying with corresponding provisions of NSPS subpart NNN
for a distillation column vent stream routed to a flare without any by-
pass lines. To ensure that affected vent streams are routed to
appropriate control devices, Advanced Aromatics is required to maintain
a schematic diagram of the affected vent streams, collection system(s),
fuel systems, control devices, and bypass systems as part of the
initial report submitted in accordance with 40 CFR 60.705(b). EPA noted
that small vent and drain valves utilized for maintenance events are
not exempt under NSPS subpart NNN or subpart RRR. Therefore, flow must
be monitored during maintenance events at these locations in accordance
with NSPS subpart RRR, because such components act as bypass valves
during such events (i.e., flow is diverted away from the control
device).
Abstract for [1200002]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200002.pdf.
Q: The Arkansas Department of Environmental Quality requests
guidance from EPA on whether prescription drugs collected by the police
department during community voluntary take back programs in Arkansas
meet the definition of confiscated contraband under 40 CFR 60.2887(p),
in order to claim an exclusion from NSPS subpart EEEE requirements for
other solid waste incinerators (OSWI)?
A: No. EPA does not consider prescription drugs collected from
households during a community take back program to be illegal or
prohibited drugs; therefore, they are not ``contraband.'' As described
in the preamble to the OSWI final rule (69 FR 71483), such drugs are
clearly not confiscated, since they are voluntarily collected.
Abstract for [1200003]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200003.pdf.
Q: Does EPA approve exemptions in lieu of Alternative Monitoring
Plans (AMP) for combusting multiple vent streams from a coker,
disulfide separator, and reformer in various combustion devices as
inherently low-sulfur streams under 40 CFR part 60 subpart J, at the
Valero Refining Texas City, Texas refinery?
A: Yes. EPA approves a monitoring exemption for the vent streams,
and voided the original AMP request based on review of the information
provided by the company and in light of changes made to Subpart J on
June 24, 2008 (73 FR 35866). EPA agreed that the combustion devices are
exempt from monitoring requirements of 40 CFR 60.105(a)(3) and (4). The
two vent streams combusted are inherently low in sulfur because they
are produced in a process unit intolerant to sulfur contamination, and
thus, meet the conditions and exemption criteria of sulfur content of
below 5 parts per million in 40 CFR 60.105(a)(4)(iv)(C). If
[[Page 68437]]
refinery operations cause a change in an exempt stream status, then
Valero must document the change and determine if the stream remains
exempt.
Abstract for [1200007]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200007.pdf.
Q: Does EPA approve an alternative monitoring plan (AMP) to use a
lower alternate span value for a nitrogen oxide (NOX)
continuous emissions monitoring system (CEMS) than what is required in
40 CFR 60.48b(e)(2) on a boiler required to meet more stringent
NOX emission limit under Best Available Control Technology
(BACT) and subject to NSPS subpart Db, at ConocoPhillips' Westlake,
Louisiana facility?
A: Yes. EPA approves ConocoPhilip's AMP to lower the Boiler
NOX CEMS span setting from 500 ppm to 100 ppm for the
existing facility operations. The use of BACT may lower stack gas
concentrations such that the span value of 500 ppm for NOX
CEMS specified by 40 CFR 60.48b(e)(2) may be too high to ensure
accurate and reliable reporting of compliance with a more stringent
NOX emission limit. The proposed lower span setting should
ensure accuracy in measuring actual NOX concentrations in
the boiler stack gases so that compliance can be demonstrated with
adequate confidence levels.
Abstract for [1200008]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200008.pdf.
Q: Does EPA approve ConocoPhillips' Alternative Monitoring Plan
(AMP) under 40 CFR 60.13(i)(3) for monitoring a wet gas scrubber (WGS)
on a refinery Fluid Catalytic Cracking Unit (FCCU), in lieu of a
Continuous Opacity Monitoring System (COMS), to demonstrate compliance
with the opacity limit under 40 CFR 60.102(a)(2) at ConocoPhillips'
Sweeny, Texas refinery?
A: Yes. EPA granted final approval of ConocoPhillips' AMP request
based on approval of the three scrubber operating parameter limits
(OPLs) CHD No. 1 established under performance testing at
representative operating conditions. The establishment of the three
OPLs and their approval by EPA were conditions in a prior approval.
Previously, EPA had conditionally approved the AMP since moisture in
the FCCU exhaust from the WGS interfered with the ability of the COMS
to take accurate readings, due to excessive water at the point of
measurement.
Abstract for [1200010]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200010.pdf.
Q: Does EPA approve an Alternative Monitoring Plan (AMP) request
and a performance test waiver for two ethylene distillation columns
vent streams being introduced with the primary fuel into associated
boilers and process heaters without any bypass lines, in accordance
with 40 CFR 60.8(b), and as provided by 40 CFR 60.704(b)(5), to
implement NSPS subpart RRR testing, monitoring, and recordkeeping
provisions in lieu of complying with corresponding provisions of NSPS
subpart NNN, at the Chevron Phillips facility in Port Arthur, Texas?
A: Yes. EPA approves Chevron Phillips' AMP request to implement the
NSPS subpart RRR for testing, monitoring, and recordkeeping provisions,
in lieu of complying with corresponding provisions of NSPS subpart NNN.
To ensure that affected vent streams are routed to the appropriate
control devices, Chevron Phillips facility is required to maintain a
schematic diagram of the affected vent streams, collection system(s),
fuel systems, and control devices as part of the initial report
submitted in accordance with 40 CFR 60.705(b).
Abstract for [1200011]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200011.pdf.
Q: Does EPA approve an exemption in lieu of an Alternative
Monitoring Plan (AMP) for combusting three vent streams from a
catalytic hydrodesulfurization unit as inherently low-sulfur streams
under 40 CFR part 60 subpart J, at the Citgo Petroleum Corpus Christi,
Texas East refinery (Citgo)?
A: Yes. EPA determined that a monitoring exemption is appropriate
for the specified Hydrar vent streams, and voided the original AMP
request in light of the changes of the revised rule dated June 24,
2008. Based on a review of the information provided, EPA agreed that
combustion devices which burn the streams are exempt from the
monitoring requirements of 40 CFR 60.105(a)(3) and (4). The vent
streams combusted are inherently low in sulfur because they are
produced in a process unit intolerant to sulfur contamination, and
thus, meet the conditions and exemption criteria of sulfur content
below 5 parts per million in 40 CFR 60.105(a)(4)(iv)(C). If refinery
operations cause a change in an exempt stream status, then Citgo must
document the change and determine if the stream remains exempt. If it
is determined that the streams are no longer exempt, continuous
monitoring at each combustion device must begin within 15 days of the
change, in accordance with 40 CFR 60.105(a)(4)(iv).
Abstract for [1200012]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200012.pdf.
Q: Does EPA approve an exemption in lieu of an Alternative
Monitoring Plan (AMP) for combusting a vent stream from a cumene
depropanizer unit as an inherently low-sulfur stream under 40 CFR part
60 subpart J, at the Citgo Petroleum Corpus Christi, Texas East
refinery (Citgo)?
A: Yes. EPA determined that a monitoring exemption is appropriate
for the vent stream from a cumene depropanizer unit, and voided the
original Citgo's AMP in the light of the changes of the revised rule
dated June 24, 2008. Based on a review of the information provided, EPA
agreed that combustion devices that burn the vent stream are exempt
from monitoring requirements of 40 CFR 60.105(a)(3) and (4). The vent
stream combusted is inherently low in sulfur because it is produced in
a process unit intolerant to sulfur contamination, and thus, meets the
exemption criteria of sulfur content below 5 parts per million in 40
CFR 60.105(a)(4)(iv)(C). If refinery operations cause a change in an
exempt stream status, then Citgo must document the change and determine
if the stream remains exempt. If it is determined that the stream is no
longer exempt, continuous monitoring at each combustion device must
begin within 15 days of the change, in accordance with 40 CFR
60.105(a)(4)(iv).
Abstract for [1200013]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200013.pdf.
Q: Does EPA approve an Alternative Monitoring Plan (AMP) under 40
CFR 60.13(i)(3) for monitoring wet gas scrubbers (WGS) on a refinery
Fluid Catalytic Cracking Unit (FCCU), in lieu of a Continuous Opacity
Monitoring System (COMS), to demonstrate compliance with the opacity
limit under 40 CFR 60.102(a)(2) at Citgo Petroleum's (Citgo) Lake
Charles, Louisiana refinery?
A: EPA conditionally approves Citgo's AMP request. The AMP approval
is conditioned on Citgo conducting another performance test (PT) to
properly evaluate under representative operating conditions and
establish the three operating parameter limits (OPLs) for each WGS to
ensure these scrubbers function as intended, and that the PT results
indicate that emissions from the FCCU meet the particulate matter,
sulfur dioxide and opacity standards.
Abstract for [1200014]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200014.pdf.
Q: Does EPA approve an exemption in lieu of an Alternative
Monitoring Plan (AMP) for combusting a vent stream from a catalytic
reformer unit in a flare as an inherently low-sulfur stream
[[Page 68438]]
under 40 CFR part 60 subpart J, at the ConocoPhillips Sweeny, Texas
refinery?
A: Yes. EPA determined that a monitoring exemption is appropriate
for the catalytic reformer unit vent stream, and voided the original
AMP in light of the changes made in the revised rule dated June 24,
2008. Based on a review of the information provided, EPA agreed that
the flare is exempt from the monitoring requirements of 40 CFR
60.105(a)(3) and (4). The vent stream combusted in the flare is
inherently low in sulfur because it is produced in a process unit
intolerant to sulfur contamination, and thus, meets the conditions and
exemption criteria of sulfur content below 5 parts per million in 40
CFR 60.105(a)(4)(iv)(C). If other sulfur/sulfide bearing streams not
from catalytic reformers enter the stripper and become part of the
waste fuel gas stream, ConocoPhillips must apply for an AMP on the
stripper, and propose at least three independent process parameters to
ensure a low sulfur/sulfide stream going to the flare. EPA clarify that
any significant increase in the sulfur/sulfide concentration detected
in the stream would initiate continuous monitoring under 40 CFR 60.1
05(a)(3) or (4).
Abstract for [1200015]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200015.pdf.
Q: Does EPA approve a waiver of the requirement under NSPS subpart
NNN at 40 CFR 60.663(b)(2), and to implement the alternative monitoring
requirements of NSPS subpart RRR at 40 CFR 60.703(b)(2)(ii) instead, at
the ConocoPhillips East Vacuum Liquid Recovery/CO2 Plant in Lea County,
New Mexico?
A: Yes. EPA approves ConocoPhillips' AMP request for a waiver of
the monitoring requirements under 40 CFR 60.663(b)(2) to implement the
monitoring requirements of 40 CFR 60.703(b)(2)(ii) instead, which will
allow for the use of car seals on closed bypass valves in lieu of flow
indicators. To ensure that affected vent streams are routed to
appropriate control devices, ConocoPhillips is required to maintain a
schematic diagram of the affected vent streams, collection system(s),
fuel systems, control devices, and bypass systems as part of the
initial report submitted in accordance with 40 CFR 60.705(b).
Abstract for [1200022]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200022.pdf.
Q: Are marine vessel loading vapors that are inherently low in
sulfur, collected by a Marine Vapor Recovery (MVR) system and routed to
an air-assisted marine flare vapor combustor, at the ExxonMobil
Beaumont, Texas refinery, subject to MACT subpart Y requirements under
40 CFR 63.562, also subject to New Source Performance Standards (NSPS)
for Refineries, part 60, subpart J?
A: No. EPA determines that if the vent stream is collected to
comply with the provisions for marine tank vessel loading under 40 CFR
63.562 or 40 CFR 63.651, it does not meet the definition of a fuel gas,
as defined at 40 CFR 60.101(d). EPA evaluated ExxonMobil's request in
light of changes made to NSPS subpart J on June 24, 2008, which
modified the definition of fuel gas to specifically exclude vapors
collected and combusted to comply with provisions of 40 CFR 63.562 or
40 CFR 63.651.
Abstract for [1200025]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200025.pdf.
Q: Does EPA approve an alternative monitoring plan (AMP) for an
alternate lower span setting of 10 percent for the oxygen (O2)
continuous emissions monitoring system (CEMS) on sulfur recovery units
(SRU) subject to NSPS subpart J at the Flint Hills Resources (FHR) East
and West Refineries in Corpus Christi, Texas?
A: Yes. EPA approves the AMP request for the proposed lower span
setting of 10 percent for the specified CEMS since it satisfied
criteria established in Performance Specification 2 of subpart 60,
Appendix B. Based on the information provided in your AMP request, the
lower span setting on specified CEMS should ensure accuracy in
measuring actual pollutant concentrations in stack gases so that
compliance can be demonstrated with adequate confidence levels.
Abstract for [1200028]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200028.pdf.
Q: Does EPA approve a petition to use Operating Parameter Limits
(OPLs) to limit emissions in lieu of using a wet scrubber for a dual
chamber commercial other solid waste incinerator (OSWI) unit, which
destroys contraband for U.S. Customs and other law enforcement
agencies, under NSPS subpart FFFF, located at Kippur Corporation's
(Kippur) El Paso, Texas facility?
A: No. EPA denies Kippur's petition due to a lack of information
pertaining to the recent modification made to increase the design
capacity of the OWSI unit, as well as a lack of information pertaining
to both the proper characterization of material fired to the OSWI Unit
and the proper operation, performance testing established under
representative operating conditions, and subsequent monitoring of the
OSWI unit proposed OPLs to demonstrate compliance with the rule. As
described in the EPA response letter, this information is needed to be
able to evaluate the petition under the appropriate rule that applies
to the modified OSWI unit. If a modification occurred, then according
to 40 CFR 60.2992, the OSWI unit becomes subject to 40 CFR part 60
subpart EEEE and 40 CFR part 60 subpart FFFF no longer applies.
Abstract for [1200032]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\1200032.pdf.
Q1: The Oklahoma Department of Environmental Quality (ODEQ)
requests guidance from EPA on whether engines with: (1) A maximum
engine power equal to or greater than 75 KW (100 HP), except gasoline
and rich burn engines that use liquid petroleum gas, which were
manufactured between 06/12/2006 and 07/01/2007, and for which the owner
or operator commenced construction after 06/12/2006; and (2) lean-
burning maximum engine power equal to or greater than 500 HP but less
than 1,350 HP, manufactured between 06/12/2006 and 01/01/2008, and for
which the owner or operator commenced construction after 06/12/2006;
are subject to requirements of 40 CFR part 63 subpart ZZZZ for
reciprocating internal combustion engines (RICE MACT) and 40 CFR part
60 subpart JJJJ for stationary spark ignition internal combustion
engines (SSIICE)?
A1: No. EPA concurs with ODEQ that the specified engines do not
meet the criteria of 40 CFR 60.4230(a), and consequently have no
applicable requirements under the SSIICE NSPS or the RICE MACT rules.
Q2: What are the streamlined compliance requirements for various
categories of engines in relation to the SSIICE NSPS or the RICE MACT?
A2: EPA notes that if an engine specifically identified in 40 CFR
63.6590(c) is not subject to any requirements in the NSPS SSIICE, then
no further action is necessary for the specified engine under the RICE
MACT. However, all other engines must meet additional requirements if
so delineated in the RICE MACT.
Q3: What are the key factors in determining whether an owner/
operator has any additional requirements to meet under the RICE MACT
when the engine is not subject to NSPS SSIICE?
A3: The key factors in determining if there are additional
requirements to meet under the RICE MACT, when the engine is not
subject to the SSIICE NSPS, are engine size and whether or
[[Page 68439]]
not the engine is located at a major source or area source.
Abstract for [A130001]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\A130001.pdf.
Q: The Asbestos Institute request clarification from EPA on whether
the use of foam meet the ``adequately wet'' standard, as stated in the
Asbestos NESHAP, 40 CFR part 61, subpart M?
A: EPA determines that as long as the foam is applied as a liquid
and sufficiently mixes with or penetrates the asbestos-containing
material and prevents visible emissions, the use of such foam is
acceptable in meeting the adequately wet requirement under the Asbestos
NEHSAP M. The response is limited to this question regarding foam as a
wetting agent. It is the responsibility of the owner or operator to
meet other asbestos emission control requirements (also known as ``work
practice standards'') during the demolition or renovation operation, as
described in the EPA response letter.
Abstract for [A130002]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\A130002.pdf.
Q1: Cantey Hanger LLP request a determination for a client on
whether only removing a 1500 foot section of the asbestos-containing
material (ACM)-wrapped pipeline in a pipeline renovation project, while
leaving the remainder of the non-friable ACM-wrapped pipeline in the
ground, transform the site into a waste disposal site under 40 CFR
61.154 of 40 CFR part 61, subpart M (i.e., Asbestos NESHAP)?
A1: No. The Asbestos NESHAP does not apply to undisturbed pipelines
coated with ACM that remain in the ground following a renovation
project, which is the described scenario in your request, as long as no
asbestos-containing waste material is deposited in the recently
renovated area. This is consistent with a previously EPA issued
applicability determination, ADI Control Number A030001 dated March 6,
2003.
Q2: If no additional ACM is deposited at the site for a year, would
the site become an inactive waste disposal site per 40 CFR 61.154(g)?
A2: Yes. If the renovated area does not receive asbestos-containing
waste material, the site is not subject to the active waste disposal
regulation at 40 CFR 61.154, in general and 40 CFR 61.154(g),
specifically. Therefore, the inactive waste disposal requirement at 40
CFR 61.151 of the Asbestos NESHAP does not apply.
Abstract for [A130003]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\A130003.pdf.
Q: Does 40 CFR part 61, subpart M (i.e., Asbestos NESHAP) apply to
encapsulating wall board with spray foam insulation if the surface of
the wall board will not be disturbed?
A: EPA is unable to comment on whether encapsulating wall board
with spray foam insulation would be compliant with the Asbestos NESHAP
based on the limited on site-specific information provided in the
request. However, if the work you are contemplating does not involve
wrecking or taking out load-bearing structures (demolition) or altering
one or more facility components, including stripping or removing
regulated asbestos-containing material (renovation), then the Asbestos
NESHAP for demolition and renovation operations does not apply to the
proposed action.
Abstract for [M130001]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\M130001.pdf.
Q: Does EPA approve Valero Refinery's (Valero) Alternative
Monitoring Plan (AMP) for using a video camera to monitor a flare pilot
flame in a control room and record the observation, in lieu of having
an ultraviolet (UV) flame detector, as required by 40 CFR part 63
subpart CC, at Valero's Three Rivers refinery in Texas?
A: No. EPA does not approve Valero's AMP since it determined that
the equivalence of using a video camera that must be monitored by
operations personnel in lieu of a continuous recording thermocouple or
equivalent device was not demonstrated under 40 CFR 60.18(1)(2). 40 CFR
63.644(a)(2) requires that a device that continuously detects the
presence of a pilot flame must be used when the controlling device is a
flare. 40 CFR 63.11(b)(5) requires that the monitoring device must be a
thermocouple or equivalent device. A thermocouple has a continuous
recording mechanism that is not dependent on operation or monitoring by
personnel.
Abstract for [M130002]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\M130002.pdf.
Q: Is the propane dehydrogenation (PDH) plant located at the Dow
Chemical Company, Texas Operations (Dow) site subject to 40 CFR part 63
subpart YY (MON NESHAP) or subpart FFFF (GMACT and Ethylene MACT)?
A: EPA determines that Dow's process is subject to the MON NESHAP,
as it did not meet the criteria of an ethylene production process as
defined by the Ethylene MACT due to the natural gas liquid feed stream
and process conditions including temperature.
Abstract for [Z130001]: C:\Documents and Settings\mmalave\Local
Settings\Temp\wzc696\Z130001.pdf.
Q: Is the integrated biosolids management system (IBMS), which uses
dried biosolids as a feedstock in the gasifier to produce syngas for
heat energy to be transferred to the indirect sludge dryer, located at
the MaxWest South Sanford Water Resources Center (MaxWest) in Sanford,
Florida, subject to 40 CFR part 61 subpart E?
A: EPA determines that Subpart E is applicable to sludge gasifier
and integrated thermal oxidizer portions and not to the sludge dryer
portion of MaxWest's IBMS system. 40 CFR part 61 subpart E does not
apply to MaxWest's IBMS sludge dryer portion because it does not meet
the definition of ``sludge'' dryer in 40 CFR part 61 subpart E since it
being indirectly heated by thermal transfer fluid with no contact with
combustion gases. 40 CFR part 61 subpart E applies to MaxWest's
combination of the gasifier and thermal oxidizer as together they
comprise a sewage sludge incinerator of a two-steps process, one that
produces the gases through the heating of sewage sludge, and a follow
up unit in which the gases are combusted and emissions vented to the
atmosphere.
Dated: October 24, 2013.
Lisa Lund,
Director, Office of Compliance.
[FR Doc. 2013-27287 Filed 11-13-13; 8:45 am]
BILLING CODE 6560-50-P