National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing Residual Risk and Technology Review, 39980-40024 [2020-05901]

Download as PDF 39980 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2018–0415; FRL–10006–76– OAR] RIN 2060–AU23 National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing Residual Risk and Technology Review Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This action finalizes the residual risk and technology review (RTR) conducted for the Miscellaneous Viscose Processes and Cellulose Ether Production source categories regulated under the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Cellulose Products Manufacturing. The EPA is finalizing the proposed determination that the risks from both source categories are acceptable and that the current NESHAP provides an ample margin of safety to protect public health. The EPA identified no new costeffective controls under the technology review to achieve further emissions reductions. These final amendments address emissions during startup, shutdown, and malfunction (SSM) events; add electronic reporting requirements; add provisions for periodic emissions performance testing for facilities using non-recovery control devices; add a provision allowing more flexibility for monitoring of biofilter control devices; and make technical and editorial changes. Although these amendments are not expected to reduce emissions of hazardous air pollutants (HAP), they will improve monitoring, compliance, and implementation of the rule. DATES: This final rule is effective on July 2, 2020. The incorporation by reference (IBR) of certain publications listed in the rule is approved by the Director of the Federal Register as of July 2, 2020. ADDRESSES: The U.S. Environmental Protection Agency (EPA) has established a docket for this action under Docket ID No. EPA–HQ–OAR–2018–0415. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy khammond on DSKJM1Z7X2PROD with RULES2 SUMMARY: VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 form. Publicly available docket materials are available either electronically through https:// www.regulations.gov/, or in hard copy at the EPA Docket Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566– 1742. FOR FURTHER INFORMATION CONTACT: For questions about this final action, contact Dr. Kelley Spence, Sector Policies and Programs Division (E143–03), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 3158; fax number: (919) 541–0516; and email address: spence.kelley@epa.gov. For specific information regarding the risk modeling methodology, contact Mr. James Hirtz, Health and Environmental Impacts Division (C539–02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 0881; fax number: (919) 541–0840; and email address: hirtz.james@epa.gov. For information about the applicability of the NESHAP to a particular entity, contact Ms. Maria Malave, Office of Enforcement and Compliance Assurance (2227A), U.S. Environmental Protection Agency, WJC South Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564– 7027; and email address: malave.maria@epa.gov. SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: %R percent recovery ASTM American Society for Testing and Materials CAA Clean Air Act CDX Central Data Exchange CEDRI Compliance and Emissions Data Reporting Interface CEMS continuous emission monitoring system CEP Cellulose Ethers Production CFR Code of Federal Regulations CMC carboxymethyl cellulose CPMS continuous parameter monitoring system CS2 carbon disulfide EPA Environmental Protection Agency PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 ERPG Emergency Response Planning Guideline FTIR Fourier Transform Infrared H2S hydrogen sulfide HAP hazardous air pollutants(s) HCl hydrochloric acid HEC hydroxyethyl cellulose HI hazard index IBR incorporation by reference ICR information collection request km kilometers km2 square kilometers lbs/yr pounds per year MACT maximum achievable control technology MC methyl cellulose mg/kg-day milligrams per kilogram per day MIR maximum individual risk MVP Miscellaneous Viscose Processes NAAQS National Ambient Air Quality Standards NAICS North American Industry Classification System NaOH sodium hydroxide NESHAP national emission standards for hazardous air pollutants ng/dscm nanograms per dry standard cubic meter NRDC National Resources Defense Council NTTAA National Technology Transfer and Advancement Act OMB Office of Management and Budget PB–HAP hazardous air pollutants known to be persistent and bio-accumulative in the environment PRA Paperwork Reduction Act RFA Regulatory Flexibility Act RIA Regulatory Impact Analysis RTR residual risk and technology review SSM startup, shutdown, and malfunction TOSHI target organ-specific hazard index the Court the United States Court of Appeals for the District of Columbia Circuit tpy tons per year UMRA Unfunded Mandates Reform Act VCS voluntary consensus standards VOC volatile organic compounds Background information. The EPA is finalizing the September 9, 2019, proposed determinations regarding the Cellulose Products Manufacturing NESHAP RTR and the proposed revisions to this NESHAP to address emissions during SSM events and to improve monitoring, compliance, and implementation. We summarize some of the more significant comments received regarding the proposed rule and provide our responses in this preamble. A summary of the public comments on the proposal not discussed in this preamble and the EPA’s responses to those comments is available in the memorandum titled National Emissions Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU) Residual Risk and Technology Review, Final Amendments—Response to Public Comments on September 9, 2019 Proposal, Docket ID No. EPA–HQ– OAR–2018–0415. A ‘‘track changes’’ E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations version of the regulatory language that incorporates the changes in this action is available in the docket. Organization of this document. The information in this preamble is organized as follows: I. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? C. Judicial Review and Administrative Reconsideration II. Background A. What is the statutory authority for this action? B. What is the source category and how does the NESHAP regulate HAP emissions from the source category? C. What changes did we propose for the Cellulose Products Manufacturing NESHAP in our September 9, 2019, proposal? III. What is included in this final rule? A. What are the final rule amendments based on the risk review for the source category? B. What are the final rule amendments based on the technology review for the source category? C. What are the final rule amendments addressing emissions during periods of SSM? D. What other changes have been made to the NESHAP? E. What are the effective and compliance dates of the standards? IV. What is the rationale for our final decisions and amendments for the source category? A. Residual Risk Review B. Technology Review C. Removal of the SSM Exemption D. Five-Year Periodic Emissions Testing E. Electronic Reporting F. Changes to the Monitoring Requirements for Biofilter Control Devices G. IBR Under 1 CFR Part 51 for the Cellulose Products Manufacturing NESHAP H. Technical and Editorial Changes for the Cellulose Products Manufacturing NESHAP V. Summary of Cost, Environmental, and Economic Impacts and Additional Analyses Conducted A. What are the affected facilities? B. What are the air quality impacts? C. What are the cost impacts? D. What are the economic impacts? E. What are the benefits? F. What analysis of environmental justice did we conduct? G. What analysis of children’s environmental health did we conduct? VI. Statutory and Executive Order Reviews A. Executive Orders 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review 39981 B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 K. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act (CRA) I. General Information A. Does this action apply to me? Regulated entities. Categories and entities potentially regulated by this action are shown in Table 1 of this preamble. TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION NESHAP Miscellaneous Viscose Processes ......................... Cellulose Ethers Production ................................... Cellulose Products Manufacturing ......................... Cellulose Products Manufacturing ......................... 1 North 325211, 325220, 326121, 326199. 325199. American Industry Classification System. Table 1 of this preamble is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by the final action for the source categories listed. To determine whether your facility is affected, you should examine the applicability criteria in the appropriate NESHAP. If you have any questions regarding the applicability of any aspect of this NESHAP, please contact the appropriate person listed in the preceding FOR FURTHER INFORMATION CONTACT section of this preamble. B. Where can I get a copy of this document and other related information? khammond on DSKJM1Z7X2PROD with RULES2 NAICS code 1 Source category In addition to being available in the docket, an electronic copy of this final action will also be available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this final action at: https:// www.epa.gov/stationary-sources-airpollution/cellulose-productsmanufacturing-national-emission- VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 standards. Following publication in the Federal Register, the EPA will post the Federal Register version at this same website. Additional information is available on the RTR website at https:// www.epa.gov/stationary-sources-airpollution/risk-and-technology-reviewnational-emissions-standardshazardous. This information includes an overview of the RTR program and links to project websites for the RTR source categories. C. Judicial Review and Administrative Reconsideration Under Clean Air Act (CAA) section 307(b)(1), judicial review of this final action is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit (the Court) by August 31, 2020. Under CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 enforce the requirements. Section 307(d)(7)(B) of the CAA further provides that only an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. This section also provides a mechanism for the EPA to reconsider the rule if the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within the period for public comment or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule. Any person seeking to make such a demonstration should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both the person(s) listed in the preceding FOR FURTHER INFORMATION E:\FR\FM\02JYR2.SGM 02JYR2 39982 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460. khammond on DSKJM1Z7X2PROD with RULES2 II. Background A. What is the statutory authority for this action? Section 112 of the CAA establishes a two-stage regulatory process to address emissions of HAP from stationary sources. In the first stage, the EPA must identify categories of sources emitting one or more of the HAP listed in CAA section 112(b) and then promulgate technology-based NESHAP for those sources. ‘‘Major sources’’ are those that emit, or have the potential to emit, any single HAP at a rate of 10 tons per year (tpy) or more, or 25 tpy or more of any combination of HAP. For major sources, these standards are commonly referred to as maximum achievable control technology (MACT) standards and must reflect the maximum degree of emission reductions of HAP achievable (after considering cost, energy requirements, and non-air quality health and environmental impacts). In developing MACT standards, CAA section 112(d)(2) directs the EPA to consider the application of measures, processes, methods, systems, or techniques, including, but not limited to, those that reduce the volume of or eliminate HAP emissions through process changes, substitution of materials, or other modifications; enclose systems or processes to eliminate emissions; collect, capture, or treat HAP when released from a process, stack, storage, or fugitive emissions point; are design, equipment, work practice, or operational standards; or any combination of the above. For these MACT standards, the statute specifies certain minimum stringency requirements, which are referred to as MACT floor requirements, and which may not be based on cost considerations. See CAA section 112(d)(3). For new sources, the MACT floor cannot be less stringent than the emission control achieved in practice by the best-controlled similar source. The MACT standards for existing sources can be less stringent than floors for new sources, but they cannot be less stringent than the average emission limitation achieved by the bestperforming 12 percent of existing sources in the category or subcategory (or the best-performing five sources for categories or subcategories with fewer than 30 sources). In developing MACT standards, the EPA must also consider VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 control options that are more stringent than the floor under CAA section 112(d)(2). The Agency may establish standards more stringent than the floor based on the consideration of the cost of achieving the emissions reductions, any non-air quality health and environmental impacts, and energy requirements. In the second stage of the regulatory process, the CAA requires the EPA to undertake two different analyses, which we refer to as the technology review and the residual risk review. Under the technology review, the EPA must review the technology-based standards and revise them ‘‘as necessary (taking into account developments in practices, processes, and control technologies)’’ no less frequently than every 8 years, pursuant to CAA section 112(d)(6). Under the residual risk review, the EPA must evaluate the risk to public health remaining after application of the technology-based standards and revise the standards, if necessary, to provide an ample margin of safety to protect public health or to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental effect. The residual risk review is required within 8 years after promulgation of the technology-based standards, pursuant to CAA section 112(f). In conducting the residual risk review, if the EPA determines that the current standards provide an ample margin of safety to protect public health, it is not necessary to revise the MACT standards pursuant to CAA section 112(f).1 For more information on the statutory authority for this rule, see 84 FR 47348, September 9, 2019. B. What is the source category and how does the NESHAP regulate HAP emissions from the source category? The EPA promulgated the Cellulose Products Manufacturing NESHAP on June 11, 2002 (67 FR 40044). The standards are codified at 40 CFR part 63, subpart UUUU. The cellulose products manufacturing industry includes the Miscellaneous Viscose Processes (MVP) source category and the Cellulose Ethers Production (CEP) source category. The sections below provide details on each source category and how the NESHAP regulates the HAP emissions from each source category. 1 The Court has affirmed this approach of implementing CAA section 112(f)(2)(A): NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 2008) (‘‘If EPA determines that the existing technology-based standards provide an ‘ample margin of safety,’ then the Agency is free to readopt those standards during the residual risk rulemaking.’’). PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 1. Miscellaneous Viscose Processes The MVP source category includes any facility engaged in the production of cellulose food casings, rayon, cellophane, or cellulosic sponges, which includes the following process steps: Production of alkali cellulose from cellulose and sodium hydroxide (NaOH); production of sodium cellulose xanthate from alkali cellulose and carbon disulfide (CS2) (xanthation); production of viscose from sodium cellulose xanthate and NaOH solution; regeneration of liquid viscose into solid cellulose; 2 and washing of the solid cellulose product (see 65 FR 52171–2, August 28, 2000). There are currently five MVP facilities in operation in the United States. While the NESHAP includes standards for rayon manufacturing, all rayon plants in the U.S. have shut down since promulgation of the original rule. The Cellulose Products Manufacturing NESHAP includes emission limits, operating limits, and work practice standards for MVP emission sources. MVP operations are required to reduce the total sulfide emissions from their process vents and control the CS2 emissions from their CS2 unloading and storage operations. Cellophane operations are required to reduce the toluene emissions from their solvent coating operations and toluene storage vessels. Additionally, MVP operations must comply with work practice standards for closed-vent systems and heat exchanger systems. The NESHAP also includes various operating limits, initial performance tests, ongoing monitoring using continuous parameter monitoring systems (CPMS) and continuous emissions monitoring systems (CEMS), recordkeeping, and reporting. The rule was amended in June 2005 (70 FR 36524) to correct the definition for ‘‘viscose process change’’ under 40 CFR 63.5610. 2. Cellulose Ethers Production The CEP source category includes any facility engaged in the production of carboxymethyl cellulose (CMC), hydroxyethyl cellulose (HEC), hydroxypropyl cellulose (HPC), methyl cellulose (MC), or hydroxypropyl methyl cellulose (HPMC), which 2 The MVP operations use different methods and equipment to complete the regeneration step. Cellulose food casing operations extrude viscose through a die, forming a tube, while rayon operations extrude viscose through spinnerets, forming thin strands. Cellophane operations extrude viscose through a long slit, forming a flat sheet, while cellulosic sponge operations feed a mixture of viscose and Glauber’s salt into a sponge mold. E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES2 includes the following process steps: Production of alkali cellulose from cellulose and NaOH; reaction of the alkali cellulose with one or more organic chemicals to produce a cellulose ether product; 3 washing and purification of the cellulose ether product; and drying of the cellulose ether product (see 65 FR 52171; August 28, 2000). There are currently three CEP facilities in operation in the United States. The Cellulose Products Manufacturing NESHAP includes emission limits, operating limits, and work practice standards for CEP emission sources. CEP operations are required to control the HAP emissions from their process vents, wastewater, equipment leaks, and liquid streams in open systems. Additionally, CEP operations must comply with work practice standards for closed-vent systems and heat exchanger systems. The NESHAP also includes various operating limits, initial performance tests, ongoing monitoring using CPMS and CEMS, recordkeeping, and reporting. The rule was amended in June 2005 (70 FR 36524) to correct the definition for ‘‘cellulose ether process change’’ under 40 CFR 63.5610. C. What changes did we propose for the Cellulose Products Manufacturing NESHAP in our September 9, 2019, proposal? On September 9, 2019, the EPA published a proposed rule in the Federal Register for the Cellulose Products Manufacturing NESHAP, 40 CFR part 63, subpart UUUU, that presented the results of the RTR analyses, proposed RTR determinations, and several proposed rule changes. Based on our RTR analyses, the EPA proposed to determine that the risks from the source categories covered by the Cellulose Products Manufacturing NESHAP are acceptable, that the current NESHAP provides an ample margin of safety to protect public health, and that no new cost-effective controls are available that would achieve further emissions reductions. The proposed rule changes included the following: • Amendments to the SSM provisions; • new periodic air emissions performance testing for facilities that use non-recovery control devices; • new reporting provisions requiring affected sources to electronically submit 3 To produce CMC, HEC, HPC, MC, and HPMC, alkali cellulose is reacted with chloroacetic acid, ethylene oxide, propylene oxide, methyl chloride, and a combination of methyl chloride and propylene oxide, respectively. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 compliance notifications, semiannual reports and performance test reports using the EPA’s Compliance and Emissions Data Reporting Interface (CEDRI); • amendments to the operating limits and compliance requirements in 40 CFR 63.5535(i)(7) to allow facilities the flexibility to monitor conductivity as an alternative to pH monitoring for determining compliance of biofilter control devices; • revision of the requirements in 40 CFR 63.5505 to clarify that CS2 storage tanks that are part of a submerged unloading and storage operation subject to 40 CFR part 63, subpart UUUU, is not subject to 40 CFR part 60, subpart Kb; • revision of the performance test requirements in 40 CFR 63.5535(b) and 40 CFR 63.5535(c) to specify the conditions for conducting performance tests; • revisions to Table 4 to Subpart UUUU of Part 63 to correct an error in the reference to a test method appendix; • revisions to the performance test requirements in Table 4 to Subpart UUUU of Part 63 to add IBR for ASTM D6420–99 (Reapproved 2010), ASTM D5790–95 (Reapproved 2012), and ASTM D6348–12e1; • revision to the reporting requirements in 40 CFR 63.5580 and the reporting and recordkeeping requirements in Tables 8 and 9 to Subpart UUUU of Part 63 to include the requirements to record and report information on failures to meet the applicable standard and the corrective actions taken; and • revisions to the General Provisions applicability table (Table 10 to Subpart UUUU of Part 63) to align with those sections of the General Provisions that have been amended or reserved over time. III. What is included in this final rule? This action finalizes the EPA’s determinations pursuant to the RTR provisions of CAA section 112 for the MVP and the CEP source categories. This action also finalizes changes to the Cellulose Products Manufacturing NESHAP, including removal of the SSM exemption, addition of electronic reporting, addition of periodic emissions performance testing, amendments allowing more flexibility for monitoring of biofilter control devices, and other clarifications and corrections. PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 39983 A. What are the final rule amendments based on the risk review for the source category? 1. Miscellaneous Viscose Processes The EPA is finalizing its proposed finding that risk due to emissions of air toxics from this source category is acceptable, and is finalizing its proposed determination that the current NESHAP provides an ample margin of safety to protect public health and prevent an adverse environmental effect. Based on these determinations, we are not finalizing any revisions to the Cellulose Products Manufacturing NESHAP based on the analyses conducted under CAA section 112(f) for the MVP source category, and we are readopting the standards. 2. Cellulose Ethers Production The EPA is finalizing its proposed finding that risk due to emissions of air toxics from this source category is acceptable, and is finalizing its proposed determination that the current NESHAP provides an ample margin of safety to protect public health and prevent an adverse environmental effect. Based on these determinations, we are not finalizing any revisions to the Cellulose Products Manufacturing NESHAP based on the analyses conducted under CAA section 112(f) for the CEP source category, and we are readopting the standards. B. What are the final rule amendments based on the technology review for the source category? 1. Miscellaneous Viscose Processes The EPA is finalizing its proposed determination that there are no developments in practices, processes, and control technologies that warrant revisions to the MACT standards for this source category. Therefore, we are not finalizing any revisions to the MACT standards under CAA section 112(d)(6). 2. Cellulose Ethers Production The EPA is finalizing its proposed determination that there are no developments in practices, processes, and control technologies that warrant revisions to the MACT standards for this source category. Therefore, we are not finalizing any revisions to the MACT standards under CAA section 112(d)(6). C. What are the final rule amendments addressing emissions during periods of SSM? The EPA is finalizing the proposed amendments to the Cellulose Products Manufacturing NESHAP to remove and revise provisions related to SSM. In its 2008 decision in Sierra Club v. EPA, 551 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39984 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations F.3d 1019 (D.C. Cir. 2008), the Court vacated portions of two provisions in the EPA’s CAA section 112 regulations governing the emissions of HAP during periods of SSM. Specifically, the Court vacated the SSM exemption contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding that under section 302(k) of the CAA, emissions standards or limitations must be continuous in nature and that the SSM exemption violates the CAA’s requirement that some CAA section 112 standards apply continuously. As detailed in section IV.D of the preamble to the proposed rule (84 FR 47366, September 9, 2019), the EPA proposed to eliminate the SSM exemption in 40 CFR 63.5515(a) so that the Cellulose Products Manufacturing NESHAP would apply at all times (see 40 CFR 63.5515(a)), including during SSM events, consistent with the Court decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008). In addition to proposing that the SSM exemption be eliminated, we proposed to remove the requirement for sources to develop and maintain an SSM plan, as well as certain recordkeeping and reporting provisions related to the SSM exemption. The EPA is finalizing the proposed revision of 40 CFR 63.5515(a) to eliminate the SSM exemption. The EPA is also finalizing the removal of the SSM exemption in 40 CFR 63.5555(d) that states deviations that occur during SSM events are not violations if a facility meets the general duty requirements. In addition, we are updating the references in Table 10 to Subpart UUUU of Part 63—Applicability of General Provisions to Subpart UUUU, including the references to 40 CFR 63.6(f)(1) and (h)(1)—the provisions vacated by Sierra Club v. EPA. Consistent with that decision, the standards in this rule will now apply at all times. We are also revising Table 10 to Subpart UUUU of Part 63 to change several references related to requirements that apply during periods of SSM. For example, we are eliminating the incorporation of the General Provisions’ requirement that sources develop an SSM plan. We also are eliminating and revising certain recordkeeping and reporting requirements related to the SSM exemption. The EPA did not propose separate standards for malfunctions. As discussed in section IV.D.1 of the September 9, 2019 proposal preamble, the EPA interprets CAA section 112 as not requiring emissions that occur during periods of malfunction to be factored into development of CAA section 112 standards, although the EPA has the discretion to set standards for VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 malfunctions where feasible. For the MVP source category and the CEP source category, it is unlikely that a malfunction would result in a violation of the standards. Facilities using thermal oxidizers as pollution control equipment indicated in the 2018 information collection survey that interlocks shut down processes when an oxidizer malfunction occurs, and facilities may also have back-up oxidizers that could be used to treat the emissions. Refer to section IV.D.1 of the preamble to the proposed rule for further discussion of the EPA’s rationale for the decision not to set standards for malfunctions, as well as a discussion of the actions a source could take in the unlikely event that a source fails to comply with the applicable CAA section 112(d) standards as a result of a malfunction event, given administrative and judicial procedures for addressing exceedances of the standards fully recognize that violations may occur despite good faith efforts to comply and can accommodate those situations. As is explained in more detail below, the EPA is finalizing revisions to the Table 10 to Subpart UUUU of Part 63— Applicability of General Provisions to Subpart UUUU, to eliminate requirements that include rule language providing an exemption for periods of SSM. Additionally, we are finalizing our proposal to eliminate language related to SSM that treats periods of startup and shutdown the same as periods of malfunction, as explained further below. Finally, we are finalizing our proposal to revise reporting and record keeping requirements as they relate to malfunctions, as further described below. As discussed in the proposal preamble, these revisions are consistent with the requirement in 40 CFR 63.5515(a) that the standards apply at all times. Refer to section IV.C of this preamble for a detailed discussion of these amendments. D. What other changes have been made to the NESHAP? The EPA is finalizing new requirements for periodic emissions testing, electronic reporting, and biofilter effluent conductivity monitoring. The periodic emissions testing is part of an ongoing effort to improve compliance with various federal air emission regulations. The new provisions require facilities that use non-recovery control devices to conduct periodic air emissions performance testing, with the first of the periodic performance tests to be conducted within July 2, 2023, and thereafter no longer than 5 years following the previous test. The PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 periodic emissions tests will ensure control devices are properly maintained over time, thereby reducing the potential for acute emissions episodes. The electronic reporting provisions require owners and operators to submit all initial notifications, compliance notifications, performance test reports, performance evaluation reports, and semiannual reports electronically through the EPA’s Central Data Exchange (CDX) using CEDRI. A description of the electronic data submission process is provided in the memorandum, Electronic Reporting Requirements for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, available at Docket ID Item No. EPA–HQ–OAR–2018–0415–0058. The new biofilter effluent conductivity monitoring will allow owners and operators the flexibility to monitor either conductivity or pH to determine continuous compliance of biofilter control devices with the standards. In addition to these new requirements, we are also finalizing several technical and editorial corrections and incorporating by reference three test method standards, in accordance with the provisions of 1 CFR 51.5. For more information on these changes, see 84 FR 47370–47371, September 9, 2019. E. What are the effective and compliance dates of the standards? The revisions to the NESHAP being promulgated in this action are effective on July 2, 2020. For sources that commenced construction or reconstruction before the notice of proposed rulemaking was published on September 9, 2019, the deadline to comply with the amendments in this rulemaking is no later than 180 days after the effective date of the final rule. Affected sources that commenced construction or reconstruction after September 9, 2019, must comply with all of the requirements of the subpart, including the amendments, immediately upon the effective date of the standard, July 2, 2020, or upon startup, whichever is later. Through our work with other similar industries required to convert to electronic reporting, the EPA has found a period of 180 days is generally necessary to successfully install necessary hardware and software; become familiar with the process of submitting performance test results electronically through the EPA’s CEDRI; test these new electronic submission capabilities; and reliably employ E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations electronic reporting. Our experience with similar industries has shown that facilities generally require a time period of 180 days to read and understand the amended rule requirements; evaluate their operations to ensure that they can meet the standards during SSM periods and make any necessary adjustments; adjust parameter monitoring and recording systems to accommodate revisions; and update their operations to reflect the revised requirements. Based on our assessment of the timeframe needed for facilities to comply with the amended rule, the EPA determined that a compliance date of within 180 days of the final rule’s effective date was practicable. In the proposal, we solicited comment on whether the 180-day compliance period was reasonable and specifically requested sources provide information regarding the specific actions they would need to undertake to comply with the amended rule. We received no feedback on the proposed compliance deadlines. From our assessment of the timeframe needed for compliance with the entirety of the revised requirements, the EPA considers a period of 180 days to be the most expeditious compliance period practicable. Thus, all sources existing at the time the proposed rulemaking was published on September 9, 2019, must be in compliance with all of this regulation’s revised requirements within 180 days of the regulation’s effective date. The final rule also requires sources that use a non-recovery control device to comply with the standards to conduct periodic performance tests every 5 years. Each source that commenced construction or reconstruction on or before September 9, 2019, and uses a non-recovery control device to comply with the standards must conduct the first periodic performance test on or before July 3, 2020, and conduct subsequent periodic performance tests no later than 5 years thereafter following the previous performance test. For each new and reconstructed affected source that commences construction or reconstruction after September 9, 2019, and uses a non-recovery control device to comply with the standards, the owners and operators must conduct the first periodic performance test no later than 5 years following the initial performance test required by 40 CFR 63.5535 and conduct subsequent periodic performance tests no later than 5 years thereafter following the previous performance test. We determined that a compliance date of 3 years for the first periodic performance test for sources constructed or reconstructed on or VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 before September 9, 2019, was necessary to avoid scheduling issues that may arise as affected sources compete for a limited number of testing contractors. IV. What is the rationale for our final decisions and amendments for the source category? For each issue, this section provides a description of what we proposed and what we are finalizing for the issue, the EPA’s rationale for the final decisions and amendments, and a summary of key comments and responses. For all comments not discussed in this preamble, comment summaries and the EPA’s responses can be found in the comment summary and response document available in the docket, Docket ID No. EPA–HQ–OAR–2018– 0415. A. Residual Risk Review 1. Miscellaneous Viscose Processes a. What did we propose pursuant to CAA section 112(f) for the source category? The EPA estimated risks based on actual and allowable emissions from MVP sources subject to the Cellulose Products Manufacturing NESHAP. For the MVP source category, we estimated the chronic baseline inhalation cancer risk to be less than 1-in-1 million, with the risk driver being acetaldehyde emissions from viscose process equipment. The total estimated cancer incidence from MVP emission sources based on actual and allowable emission levels is 0.000006 excess cancer cases per year, or one case in every 167,000 years. Emissions of acetaldehyde contributed 100 percent to this cancer incidence. Based on actual and allowable emissions, no people are exposed to cancer risks greater than or equal to 1-in-1 million. The maximum chronic noncancer target organ-specific hazard index (TOSHI) values for the source category, based on actual and allowable emissions, are estimated to be less than 1. Based on actual and allowable emissions, CS2 emissions from viscose process equipment are the risk driver for respiratory risks. For the acute risk assessment, the maximum refined offsite acute noncancer hazard quotient (HQ) value for the MVP source category is less than 1 from CS2 emissions (based on the acute (1-hour) ERPG–1 for CS2). We proposed that environmental and multipathway risks are not an issue for the MVP source category because there are no HAP known to be persistent and bioaccumulative in the environment (PB– HAP), lead compounds, or acid gases (hydrochloric acid (HCl) or hydrogen PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 39985 flouride) identified in the emissions inventory. The assessment of facilitywide emissions indicated that none of the five MVP facilities have a facilitywide maximum individual cancer risk (MIR) greater than 1-in-1 million and the maximum facility-wide cancer risk is 1-in-1 million, driven by formaldehyde, cadmium compounds, and nickel compounds from a noncategory fugitive area source. The total estimated facility-wide cancer incidence is 0.00006 excess cancer cases per year, or one case in every 16,700 years, with zero people estimated to have cancer risks greater than 1-in-1 million. The maximum facility-wide chronic noncancer TOSHI is estimated to be less than 1, driven by source category emissions of CS2 from viscose process equipment. The risk assessment for this source category is contained in the report titled Residual Risk Assessment for the Miscellaneous Viscose Processes Source Category in Support of the 2020 Risk and Technology Review Final Rule, which can be found in the docket for this action (Docket ID No. EPA–HQ– OAR–2018–0415). b. How did the risk review change for the source category? The EPA has not made any changes to either the risk assessment or our determinations regarding risk acceptability, ample margin of safety, or adverse environmental effects for the MVP source category since the proposal was published on September 9, 2019. We are finalizing the risk review as proposed with no changes (84 FR 47346, September 9, 2019). c. What key comments did we receive on the risk review, and what are our responses? The EPA did not receive any comments specific to the MVP risk review and proposed results. We received comments from one commenter opposing our proposed risk assessment and determination that no revision to the standards is warranted under CAA section 112(f)(2). Generally, the commenter was not supportive of the acceptability and ample margin of safety determinations and suggested changes to the underlying risk assessment methodology. Examples of the commenter’s suggested changes to the EPA’s risk assessment methodology included lowering the presumptive limit of acceptability for cancer risks to below 100-in-1 million, including emissions outside of the source categories in question in the risk assessment, and assuming that pollutants with noncancer health risks E:\FR\FM\02JYR2.SGM 02JYR2 39986 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations have no safe level of exposure. The comments and information provided by the commenter did not change our risk analyses or the proposed results that risks from the MVP source category are acceptable and provide an ample margin of safety. For detailed summaries and responses to comments, see the memorandum in the docket, National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU) Residual Risk and Technology Review, Final Amendments—Response to Public Comments on September 9, 2019 Proposal (Docket ID No. EPA–HQ– OAR–2018–0415). d. What is the rationale for our final approach and final decisions for the risk review? As noted in the proposal, the EPA sets standards under CAA section 112(f)(2) using ‘‘a two-step standard-setting approach, with an analytical first step to determine an ‘acceptable risk’ that considers all health information, including risk estimation uncertainty, and includes a presumptive limit on MIR of ‘approximately 1-in-10 thousand’ ’’ (see 54 FR 38045, September 14, 1989). We weigh all health risk factors in our risk acceptability determination, including the cancer MIR, cancer incidence, the maximum cancer TOSHI, the maximum acute noncancer HQ, the extent of noncancer risks, the distribution of cancer and noncancer risks in the exposed population, and the risk estimation uncertainties. The EPA evaluated all of the comments on the risk review and determined that no changes to the review are needed. For the reasons explained in the proposal, we determined that the risks from the MVP source category are acceptable, and the current standards provide an ample margin of safety to protect public health and prevent an adverse environmental effect. Therefore, pursuant to CAA section 112(f)(2), we are finalizing our residual risk review as proposed. 2. Cellulose Ethers Production khammond on DSKJM1Z7X2PROD with RULES2 a. What did we propose pursuant to CAA section 112(f) for the source category? The EPA estimated risks based on actual and allowable emissions from CEP sources subject to the Cellulose Products Manufacturing NESHAP. For the source category, we estimated the chronic baseline inhalation cancer risk using current actual and allowable emissions to be 80-in-1 million with the VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 risk driver being ethylene oxide emissions from cellulose ether process equipment used to produce HEC. The total estimated cancer incidence from CEP emission sources based on actual and allowable emission levels is 0.01 excess cancer cases per year, or one case in every 100 years. Emissions of ethylene oxide contributed 99 percent to this cancer incidence based on actual emissions. Based on actual or allowable emissions, 105,000 people are exposed to cancer risks greater than or equal to 1-in-1 million. The maximum chronic noncancer hazard index (TOSHI) values for the source category, based on actual and allowable emissions, are estimated to be less than 1. Based on actual and allowable emissions, respiratory risks are driven by chlorine emissions from cellulose ether process equipment. The maximum refined offsite acute noncancer HQ value for the source category is less than 1 from methanol emissions from cellulose ether process equipment (based on the acute (1-hour) reference exposure level for methanol). The highest HQ is based on an hourly emissions multiplier of 10 times the annual emissions rate. Acute HQs were not calculated for allowable or whole facility emissions. For the multipathway risk screening, one facility within the CEP source category reported emissions of multipathway pollutants of lead compounds, carcinogenic PB–HAP (arsenic), and noncarcinogenic PB–HAP (cadmium and mercury). Results of the worst-case Tier 1 screening analysis indicate that PB–HAP emissions (based on estimates of actual emissions) emitted from the facility exceeded the screening values for the carcinogenic PB–HAP (arsenic compounds) by a factor of 2, and for the noncarcinogenic PB–HAP (cadmium and mercury) is equal to the Tier 1 screening value of 1. Based on this Tier 1 screening assessment for carcinogens, the arsenic, cadmium, and mercury emission rates for the single facility are below our level of concern. The highest annual average lead concentration of 0.00001 milligrams per cubic meter is well below the National Ambient Air Quality Standard (NAAQS) for lead, indicating a low potential for multipathway impacts of concern due to lead. For the environmental risk screening, the three CEP facilities reported emissions of lead compounds, an acid gas (HCl), arsenic, cadmium, and mercury. In the Tier 1 screening analysis for PB–HAP, no exceedances of the ecological benchmarks evaluated were found. For lead, we did not estimate any exceedances of the secondary lead NAAQS. For HCl, the average modeled PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 concentration around each facility (i.e., the average concentration of all off-site data points in the modeling domain) did not exceed any ecological benchmark. In addition, each individual modeled concentration of HCl (i.e., each off-site data point in the modeling domain) was below the ecological benchmarks for all facilities. Based on the results of the environmental risk screening analysis, we do not expect an adverse environmental effect as a result of HAP emissions from this source category. Results of the assessment of facilitywide emissions indicate that all three facilities modeled have a facility-wide MIR cancer risk greater than 1-in-1 million. The maximum facility-wide cancer risk is 500-in-1 million, mainly driven by ethylene oxide from sources outside the source category, including holding ponds, storage tanks, tank truck unloading, and equipment/vent releases. The next highest cancer risk was 80-in-1 million, based on whole facility emissions of ethylene oxide. The total estimated cancer incidence from the whole facility is 0.04 excess cancer cases per year, or one case in every 25 years, with 570,000 people estimated to have cancer risks greater than 1-in-1 million and 2,000 people with risks greater than 100-in-1 million. The maximum facility-wide chronic noncancer TOSHI is estimated to be equal to 4, driven by emissions of chlorine from non-category sources. The risk assessment for this source category are contained in the report titled Residual Risk Assessment for the Cellulose Ethers Production Source Category in Support of the 2020 Risk and Technology Review Final Rule, which can be found in the docket for this action. b. How did the risk review change for the source category? The EPA did not make any changes to either the risk assessments or our determinations regarding risk acceptability, ample margin of safety, or adverse environmental effects for the CEP source category since the proposal was published on September 9, 2019. We are finalizing the residual risk review as proposed with no changes (84 FR 47346, September 9, 2019). c. What key comments did we receive on the risk review, and what are our responses? The EPA received one comment opposing our proposed risk assessment and determination that no revision to the standards for the CEP source category are warranted under CAA section 112(f)(2). Generally, the commenter was not supportive of the E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations acceptability and ample margin of safety determinations and suggested changes to the underlying risk assessment methodology. The commenter asserted that changes to the EPA’s risk assessment methodology were needed, including that the EPA should lower its presumptive limit of acceptability for cancer risks to below 100-in-1 million, include emissions outside of the source categories in question in the risk assessment, and assume that pollutants with noncancer health risks have no safe level of exposure. The commenter supported the proposal’s use of the 2016 Integrated Risk Information System (IRIS) value for ethylene oxide. The comments and information provided by the commenter did not change our risk analyses or the proposed results that risks from the CEP source category are acceptable and provide an ample margin of safety. For a detailed summary of the comments and our responses, see the memorandum in the docket, National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU) Residual Risk and Technology Review, Final Amendments—Response to Public Comments on September 9, 2019 Proposal. khammond on DSKJM1Z7X2PROD with RULES2 d. What is the rationale for our final approach and final decisions for the risk review? As noted in our proposal, the EPA sets standards under CAA section 112(f)(2) using ‘‘a two-step standardsetting approach, with an analytical first step to determine an ‘acceptable risk’ that considers all health information, including risk estimation uncertainty, and includes a presumptive limit on MIR of ‘approximately 1-in-10 thousand’ ’’ (see 54 FR 38045, September 14, 1989). We weigh all health risk factors in our risk acceptability determination, including the cancer MIR, cancer incidence, the maximum cancer TOSHI, the maximum acute noncancer HQ, the extent of noncancer risks, the distribution of cancer and noncancer risks in the exposed population, and the risk estimation uncertainties. The EPA evaluated all of the comments on the risk review and determined that no changes to the review are needed. For the reasons explained in the proposal, we determined that the risk from the CEP source category is acceptable, and the current standards provide an ample margin of safety to protect public health and prevent an adverse environmental effect. Therefore, pursuant to CAA VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 section 112(f)(2), we are finalizing our residual risk review as proposed. B. Technology Review 1. Miscellaneous Viscose Processes a. What did we propose pursuant to CAA section 112(d)(6) for the source category? Pursuant to CAA section 112(d)(6), the EPA proposed to conclude that no revisions to the current MACT standards for the MVP source category are necessary (section IV.C of proposal preamble, 84 FR 47365, September 9, 2019). Based on the review, we did not identify any developments in practices, processes, or control technologies for the MVP source category, and, therefore, we did not propose any changes to the standards under CAA section 112(d)(6). Additional details of our technology review can be found in the memorandum, Technology Review for the Cellulose Products Manufacturing Industry—Proposed Rule (Docket ID Item No. EPA–HQ–OAR–2018–0415– 0119). b. How did the technology review change for the source category? The EPA has not made any changes to the technology review for the MVP source category since the proposal was published on September 9, 2019. We are finalizing the technology review as proposed with no changes (84 FR 47346, September 9, 2019). c. What key comments did we receive on the technology review, and what are our responses? We received comments from one commenter that did not support the proposed determination from the technology review that no revisions were warranted under CAA section 112(d)(6). In general, the commenter claimed that the EPA failed to consider all HAP emitted by the source category and that the EPA should set new standards for previously unregulated emission points/pollutants as part of the technology review. The EPA disagrees with the commenter’s assertion that the EPA failed to consider all HAP emitted and that we should set new standards for previously unregulated emission points/ pollutants as part of the technology review. CAA section 112(d)(6) requires the EPA to review and revise, as necessary (taking into account developments in practices, processes, and control technologies), emission standards promulgated under this section. The EPA reads CAA section 112(d)(6) as a limited provision requiring the Agency to, at least every PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 39987 8 years, review the emission standards already promulgated in the NESHAP and to revise those standards as necessary, taking into account developments in practices, processes, and control technologies. Nothing in CAA section 112(d)(6) directs the Agency, as part of or in conjunction with the mandatory 8-year technology review, to develop new emission standards to address HAP or emission points for which standards were not previously promulgated. As shown by the statutory text and the structure of CAA section 112, CAA section 112(d)(6) does not impose upon the Agency any obligation to promulgate emission standards for previously unregulated emissions as part of the technology review. When the EPA establishes standards for previously unregulated emissions, we do so pursuant to the provisions that govern initial standard setting—CAA sections 112(d)(2) and (3) or, if the prerequisites are met, CAA section 112(d)(4) or CAA section 112(h). Establishing emissions standards under these provisions of the CAA involves a different analytical approach from reviewing emissions standards under CAA section 112(d)(6). Though the EPA has discretion to develop standards under CAA section 112(d)(2) through (4) and CAA section 112(h) for previously unregulated pollutants at the same time as the Agency completes the CAA section 112(d)(6) review, any such action would not be part of the CAA section 112(d)(6) review, and there is no obligation to undertake such actions at the same time as the CAA section 112(d)(6) review. Additionally, given the court-ordered deadline of March 13, 2020, we did not have sufficient time to analyze existing data, determine if additional data were needed, collect additional data, and develop new emission standards. Therefore, we are not establishing new standards for previously unregulated emissions as part of this rulemaking. For detailed summaries and responses regarding the technology review, see the memorandum in the docket, National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU) Residual Risk and Technology Review, Final Amendments—Response to Public Comments on September 9, 2019 Proposal (Docket ID No. EPA–HQ– OAR–2018–0415). d. What is the rationale for our final approach for the technology review? The EPA evaluated all of the comments on the technology review and determined that no changes to the E:\FR\FM\02JYR2.SGM 02JYR2 39988 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations review are needed. Therefore, pursuant to CAA section 112(d)(6), we are finalizing our technology review as proposed. Additional details of our technology review can be found in the memorandum titled Technology Review for the Cellulose Products Manufacturing Industry, which is available in the docket for this action (Docket ID Item No. EPA–HQ–OAR– 2018–0415–0119). 2. Cellulose Ethers Production a. What did we propose pursuant to CAA section 112(d)(6) for the source category? Pursuant to CAA section 112(d)(6), the EPA proposed to conclude that no revisions to the current MACT standards for the CEP source category are necessary (section IV.C of proposal preamble, 84 FR 47365, September 9, 2019). Our review of the developments in technology for the source category did not reveal any changes in practices, processes, and controls that warrant revisions to the emission standards. Based on our review, we did not identify any developments in practices, processes, or control technologies for the CEP source category, and, therefore, we did not propose any changes to the standards under CAA section 112(d)(6). Additional details of our technology review can be found in the memorandum, Technology Review for the Cellulose Products Manufacturing Industry—Proposed Rule (Docket ID Item No. EPA–HQ–OAR–2018–0415– 0119). khammond on DSKJM1Z7X2PROD with RULES2 b. How did the technology review change for the source category? The EPA has not made any changes to the technology review for the CEP source category since the proposal was published on September 9, 2019. We are finalizing the technology review as proposed with no changes (84 FR 47346, September 9, 2019). c. What key comments did we receive on the technology review, and what are our responses? The EPA received comments from one commenter that did not support the proposed determination from the technology review that no revisions were warranted under CAA section 112(d)(6). In general, the commenter claimed that the EPA failed to consider all HAP emitted and that the EPA should set new standards for previously unregulated emission points/pollutants as part of the technology review. The commenter also claimed that the EPA did not consider leak detection and repair, fenceline monitoring, process changes, dry sorbent injection, or spray VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 dryer absorbers as part of the technology review. The EPA disagrees with the commenter’s assertion that the EPA failed to consider all HAP emitted and that we should set new standards for previously unregulated emission points/ pollutants as part of the technology review. See the discussion of this topic in section IV.B.1.c of this preamble. The EPA also disagrees with the commenter’s assertion that the EPA failed to consider leak detection and repair, fenceline monitoring, process changes, dry sorbent injection, or spray dryer absorbers as part of the technology review. The Agency did consider these options but found that they were not appropriate for the CEP emission sources. See the comment response document, National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU) Residual Risk and Technology Review, Final Amendments—Response to Public Comments on September 9, 2019 Proposal, for more details. d. What is the rationale for our final approach for the technology review? We evaluated all of the comments on the technology review and determined that no changes to the review are needed. Therefore, pursuant to CAA section 112(d)(6), we are finalizing our technology review as proposed. Additional details of our technology review can be found in the memorandum titled Technology Review for the Cellulose Products Manufacturing Industry, which is available in the docket for this action (Docket ID Item No. EPA–HQ–OAR– 2018–0415–0119). C. Removal of the SSM Exemption 1. What did we propose? The EPA proposed amendments to the Cellulose Product Manufacturing NESHAP to remove the provisions related to SSM that are not consistent with the requirement that the standards apply at all times. The proposed amendments included: • Revising Table 10 (General Provisions) entry for 40 CFR 63.6(e)(1) and (2) by redesignating it as 40 CFR 63.6(e)(1)(i) and changing the ‘‘yes’’ in column 4 to a ‘‘no’’ and adding general duty regulatory text to 40 CFR 63.5515 that reflect the general duty to minimize emissions included in 40 CFR 63.6(e)(1) without the references to SSM; • revising Table 10 by adding an entry for 40 CFR 63.6(e)(1)(ii) and including a ‘‘no’’ in column 4 because 40 CFR 63.6(e)(1)(ii) imposes PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 requirements that are not necessary with the elimination of the SSM exemption or are redundant with the general duty requirement being added at 40 CFR 63.5515; • removing the SSM plan requirements by changing the Table 10 entry for 40 CFR 63.6(e)(3) from ‘‘yes’’ in column 4 to ‘‘no’’; • revising the compliance standards in Table 10 by changing the entry for 40 CFR 63.6(f)(1) from ‘‘yes’’ to ‘‘no,’’ redesignating 40 CFR63.6(h) as 40 CFR 63.6(h)(1), and changing the ‘‘yes’’ to ‘‘no’’ in column 4; • revising the performance testing requirements in Table 10 by changing the entry for 40 CFR 63.7(e)(1) from ‘‘yes’’ in column 4 to a ‘‘no’’ and revising 40 CFR 63.5535(b) and 40 CFR 63.5535(c) to specify the conditions under which performance tests should be completed; • revising the monitoring requirements entries in Table 10 for 40 CFR 63.8(c)(1)(i) and (iii) by changing the ‘‘yes’’ in column 4 to ‘‘no’’ and revising 40 CFR 63.5545(b)(1) to specify the ongoing operation and maintenance procedures; • adding a new entry to Table 10 for 40 CFR 63.8(d)(3) with a ‘‘no’’ entered in column 4 and adding the language in 40 CFR 63.8(d)(3) to Table 9 except that the final sentence is replaced with the following: ‘‘The program of corrective action should be included in the plan required under 40 CFR 63.8(d)(2).’’; • revising the recordkeeping requirements in Table 10 by redesignating the entries for 40 CFR 63.10(b)(2)(i) through (iv) as 40 CFR 63.10(b)(2)(i) and changing the ‘‘yes’’ in column 4 to a ‘‘no’’ and revising the recordkeeping requirements to Table 9 to clarify what records are required for SSM events; • adding an entry for 40 CFR 63.10(b)(2)(ii) to Table 10 and including a ‘‘no’’ in column 4 and adding text to Table 9 that is similar to 40 CFR 63.10(b)(2)(ii) that describes the recordkeeping requirements during a malfunction; • revising the recordkeeping provisions by adding entries for 40 CFR 63.10(b)(2)(iv), 40 CFR 63.10(b)(2)(v), and 40 CFR 63.10(c)(15) to Table 10 and adding ‘‘no’’ in column 4 for each new entry; • revising the entry for 40 CFR 63.10(d)(5) in Table 10 by redesignating it as 40 CFR 63.10(d)(5)(i) and changing the ‘‘yes’’ in column 4 to a ‘‘no’’; • adding reporting requirements to 40 CFR 63.5580 and Table 8 to eliminate periodic SSM reports as a stand-alone report and require sources that fail to meet an applicable standard at any time E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations to report the number, date, time, duration, list of affected source or equipment, estimate of the quantity of each regulated pollutant emitted, a description of the method used to estimate the emissions, and the cause of such events in the semiannual compliance report already required under this rule; and • revising the reporting requirements in Table 10 by adding an entry for 40 CFR 63.10(d)(5)(ii) and including a ‘‘no’’ in column 4. More information concerning the elimination of SSM provisions is in the preamble to the proposed rule (84 FR 47366–47370, September 9, 2019). 2. What changed since proposal? We are finalizing the removal of the SSM exemption as proposed with no changes (84 FR 47346, September 9, 2019). 3. What are the key comments and what are our responses? Only one commenter submitted comments related to our proposed removal of the SSM exemption, and their comments generally supported the proposed removal of the SSM provisions but stated that the EPA cannot finalize a malfunction exemption, as proposed. The Agency did not propose a malfunction exemption in this rulemaking, therefore, this portion of the comment was not relevant. We evaluated the comments and determined that no changes to the proposed SSM provisions are warranted. A summary of these comments and our responses are located in the memorandum titled National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU) Residual Risk and Technology Review, Final Amendments—Response to Public Comments on September 9, 2019 Proposal, in the docket for this rulemaking. khammond on DSKJM1Z7X2PROD with RULES2 4. What is the rationale for our final approach for the SSM provisions? The EPA evaluated all comments on the EPA’s proposed amendments to remove the SSM exemption. For the reasons explained in the proposed rule, we determined that the proposed amendments remove and revise provisions related to SSM that are not consistent with the requirement that the standards apply at all times. More information concerning the amendments we are finalizing for SSM is in the preamble to the proposed rule (84 FR 47366–47370, September 9, 2019). We are finalizing our approach VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 for removing the SSM exemption as proposed. D. Five-Year Periodic Emissions Testing 1. What did we propose? The EPA proposed to add new requirements for periodic performance testing at 40 CFR 63.5535(g)(1), 40 CFR 63.5535(h)(1), and 40 CFR 63.5541 for facilities that use non-recovery control devices. We proposed that facilities constructed or reconstructed on or before September 9, 2019, conduct periodic air emissions performance testing every 5 years, with the first periodic performance test to be conducted within 3 years of the effective date of the revised standards and thereafter every 5 years following the previous test. For facilities that commence construction after September 9, 2019, we proposed a periodic performance test be completed within 5 years of the initial performance required by 40 CFR 63.5535 and that subsequent tests be conducted every 5 years thereafter. 2. What changed since proposal? We are finalizing the 5-year periodic emission testing requirements for facilities that use non-recovery control devices as proposed with no changes (84 FR 47346, September 9, 2019). 3. What are the key comments and what are our responses? We did not receive any comments on the proposed 5-year periodic emission testing requirements for facilities that use non-recovery control devices. 4. What is the rationale for our final approach for the 5-year periodic emission testing? For the reasons explained in the preamble to the proposed rule and taking into account the fact that the EPA received no comments relating to the proposed provisions, we are finalizing the requirement for facilities that use non-recovery control devices to conduct periodic emissions tests once every 5 years. The new performance tests will serve as a check on the accuracy of facilities’ mass balance calculations and on the efficiency of the control devices used to achieve compliance with the standards. The new performance testing will ensure that control devices are properly maintained over time, thereby reducing the potential for acute emissions episodes. E. Electronic Reporting 1. What did we propose? The EPA proposed amendments to the Cellulose Products Manufacturing PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 39989 NESHAP to require owners and operators of MVP and CEP facilities to submit electronic copies of initial notifications, notifications of compliance status, performance test reports, performance evaluation reports, and semiannual reports through the EPA’s CDX using CEDRI. Additionally, we proposed two broad circumstances in which electronic reporting extensions may be provided at the discretion of the Administrator. The EPA proposed these extensions to protect owners and operators from noncompliance in cases where they are unable to successfully submit a report by the reporting deadline for reasons outside of their control, including CDX and CEDRI outages and force majeure events, such as acts of nature, war, or terrorism. 2. What changed since proposal? No changes have been made to the proposed requirement for owners and operators of MVP and CEP facilities to submit initial notifications, notifications of compliance status, performance test reports, performance evaluation reports, and semiannual reports electronically using CEDRI. Therefore, we are finalizing the electronic reporting provisions as proposed with no changes (84 FR 47346, September 9, 2019). 3. What are the key comments and what are our responses? The EPA received one comment supporting the proposed amendment to require electronic reporting. The commenter, however, asserted that the force majeure language should be removed. The commenter expressed concern that proposed 40 CFR 63.5420(c)(5) provides an exemption from reporting due to force majeure events. The commenter noted that the Court rejected similar ‘‘affirmative defense’’ to civil penalties for malfunctions (NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014)). The commenter also argued that adding such an exemption would be arbitrary and unlawful because it would undermine the reporting requirements by providing a justification to delay reporting, and, thus, undermine compliance, enforcement, and fulfillment of the emissions standards designed to protect public health and the environment at the core of the CAA’s and section 7412’s purpose (42 U.S.C. 740). The commenter is incorrect in referring to 40 CFR 63.5420(c)(5) as an ‘‘exemption.’’ This provision provides instructions for actions an affected source should take if it is unable to submit an electronic report (required under 40 CFR 63.5420(c)) ‘‘due to a force majeure event that is about to E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39990 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations occur, occurs, or has occurred, or if there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due’’ under 40 CFR 63.5420(c). We note that there is no exception or exemption to reporting, only a method for requesting an extension of the reporting deadline. As specified in 40 CFR 63.5420(c)(5), ‘‘[t]he decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.’’ There is no predetermined timeframe for the length of extension that can be granted, as this is something best determined by the Administrator when reviewing the circumstances surrounding the request. Different circumstances may require a different length of extension for electronic reporting. For example, a tropical storm may delay electronic reporting for a day, but a category 5 hurricane event may delay electronic reporting much longer, especially if the facility has no power, and, as such, the owner or operator has no ability to access electronically stored data or to submit reports electronically. The Administrator will be the most knowledgeable on the events leading to the request for extension and will assess whether an extension is appropriate and, if so, determine a reasonable length. The Administrator may even request that the report be sent in hardcopy until electronic reporting can be resumed. While no new fixed duration deadline is set, the regulation does require that the report be submitted electronically as soon as possible after the CEDRI outage is resolved or after the force majeure event occurs. We also note that the force majeure mimics long-standing language in 40 CFR 63.7(a)(4) and 60.8(a)(1) regarding the time granted for conducting a performance test and such language has not undermined compliance or enforcement. Moreover, we disagree that the reporting extension will undermine enforcement because the Administrator has full discretion to accept or reject the claim of a CEDRI system outage or force majeure. As such, an extension is not automatic and is agreed to on an individual basis by the Administrator. If the Administrator determines that a facility has not acted in good faith to reasonably report in a timely manner, the Administrator can reject the claim and find that the failure to report timely is a deviation from the regulation. CEDRI system outages are infrequent, but the EPA knows when they occur and whether a facility’s claim is VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 legitimate. Force majeure events (e.g., natural disasters impacting a facility) are also usually well-known events. We also disagree that the ability to request a reporting extension would undermine compliance and fulfillment of the emissions standards. While reporting is an important mechanism for the EPA and air agencies to assess whether owners or operators are in compliance with emissions standards, reporting obligations have nothing to do with whether an owner or operator is required to be in compliance with an emissions standard, especially where the deadline for meeting the standard has already passed and the owner or operator has certified that they are in compliance with the standard. Additionally, the ability to request a reporting extension does not apply to a broad category of circumstances; on the contrary, the scope for submitting a reporting extension request is very limited in that claims can only be made for events outside of the owner’s or operator’s control that occur in the 5 business days prior to the reporting deadline. The claim must then be approved by the Administrator, and, in approving such a claim, the Administrator agrees that something outside the control of the owner or operator prevented the owner or operator from meeting its reporting obligation. In no circumstance does this reporting extension allow for the owner or operator to be out of compliance with the emissions standards. The reporting deadline extension differs from the affirmative defense to civil penalties for malfunctions the Court vacated as beyond the EPA’s authority under the CAA in NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014). Unlike the affirmative defense addressed in NRDC, the reporting provision does not address penalty liability for noncompliance with emission standards, but merely addresses, under a narrow set of circumstances outside the control of the facilities, the deadline for reporting. A detailed summary of these comments and our responses are located in the memorandum titled National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU) Residual Risk and Technology Review, Final Amendments—Response to Public Comments on September 9, 2019 Proposal, in the docket for this rulemaking (Docket ID No. EPA–HQ– OAR–2018–0415). PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 4. What is the rationale for our final approach to electronic reporting? The EPA is finalizing, as proposed, a requirement that owners or operators of MVP and CEP facilities submit electronic copies of notifications, performance evaluation reports, and semiannual compliance reports using CEDRI. We also are finalizing, as proposed, provisions that allow facility owners or operators a process to request extensions for submitting electronic reports for circumstances beyond the control of the facility (i.e., for a possible outage in the CDX or CEDRI or for a force majeure event). The amendments will increase the ease and efficiency of data submittal for owners and operators of MVP and CEP facilities and will make the data more accessible to regulators and the public. F. Changes to the Monitoring Requirements for Biofilter Control Devices 1. What did we propose? The EPA proposed revisions to the operating limits in Table 2 to Subpart UUUU of Part 63 to add biofilter effluent conductivity to the list of biofilter operating limits, revisions to the performance testing requirements in 40 CFR 63.5535(i)(7) to add biofilter effluent conductivity to the list of parameters for which operating limits must be established during the compliance demonstration, and revisions to the continuous compliance with operating limits in Table 6 to Subpart UUUU of Part 63 to add biofilter effluent conductivity to the list of parameters to monitor to demonstrate continuous compliance. 2. What changed since proposal? The EPA has not made any changes to the proposed amendments to include biofilter effluent conductivity monitoring provisions since publication of the proposal on September 9, 2019. We are finalizing the alternative monitoring provisions as proposed with no changes (84 FR 47346, September 9, 2019). 3. What are the key comments and what are our responses? No comments were received on the proposed addition of biofilter effluent conductivity monitoring provisions. 4. What is the rationale for our final approach to monitoring of biofilter control devices? The EPA is finalizing the proposed revisions to allow monitoring of biofilter effluent conductivity as an alternative to effluent pH for biofilter control devices. E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations As we explained in the proposal, the EPA has conditionally approved an alternative monitoring request from one company to use conductivity in lieu of pH monitoring pursuant to 40 CFR 63.8(f). The company’s request stated that conductivity would provide a more accurate operating limit than pH for strong acids and bases. To allow other sources the flexibility to use conductivity for monitoring of biofilter control devices without the need to request approval for each source, we have finalized the changes as described in the proposal. G. IBR Under 1 CFR Part 51 for the Cellulose Products Manufacturing NESHAP 1. What did we propose? In accordance with requirements of 1 CFR 51.5, the EPA proposed to IBR the following documents into 40 CFR 63.14: • ASTM D6420–99 (Reapproved 2010), Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, IBR approved for Table 4 to Subpart UUUU of Part 63; • ASTM D5790–95 (Reapproved 2012), Standard Test Method for Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry, IBR approved for Table 4 to Subpart UUUU of Part 63; and • ASTM D6348–12e1, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, IBR approved for Table 4 to Subpart UUUU of Part 63. khammond on DSKJM1Z7X2PROD with RULES2 2. What changed since proposal? The EPA has not made any changes to its proposal to IBR the documents listed above. We are incorporating these documents by reference into 40 CFR 63.14 as proposed (84 FR 47346, September 9, 2019). We have also included an IBR for ASTM D6348–03, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, in this rulemaking. It was determined that the appendices in this method were needed for use with the ASTM D6348–12e1 method. 4. What is the rationale for our amendments? In the proposal, we proposed regulatory text that included IBR. In accordance with requirements of 1 CFR 51.5, we have finalized as proposed the IBR of the four documents listed in sections IV.E.1 and IV.E.2 of this preamble. H. Technical and Editorial Changes for the Cellulose Products Manufacturing NESHAP 1. What did we propose? The EPA proposed the following technical and editorial changes: • Add a new paragraph at 40 CFR 63.5505(f) to clarify that CS2 storage tanks that are part of a submerged unloading and storage operation subject to 40 CFR part 63, subpart UUUU, are not subject to 40 CFR part 60, subpart Kb; • revise the performance test requirements in 40 CFR 63.5535 to specify the conditions for conducting performance tests; • revise the performance evaluation requirements in 40 CFR 63.5545(e)(2) to specify the use of Procedure 1 of 40 CFR part 60, appendix F for quality assurance procedures; • revise the performance test requirements table (Table 4 to Subpart UUUU of Part 63) to correct an error in the reference to a test method appendix; • revise the performance test requirements table (Table 4 to Subpart UUUU of Part 63) to add IBR for ASTM D6420–99 (Reapproved 2010), ASTM D5790–95 (Reapproved 2012), and ASTM D6348–12e1; • revise the reporting requirements in 40 CFR 63.5580 and the reporting and recordkeeping requirements tables (Tables 8 and 9 to Subpart UUUU of Part 63) to include the requirements to record and report information on failures to meet the applicable standard and the corrective actions taken; and • revise the General Provisions applicability table (Table 10 to Subpart UUUU of Part 63) to align with those sections of the General Provisions that have been amended or reserved over time. 2. What changed since proposal? We are finalizing the technical and editorial changes as proposed with no changes (84 FR 47346, September 9, 2019). 3. What are the key comments and what are our responses? 3. What are the key comments and what are our responses? No comments were received on the proposed IBR of the standards into 40 CFR 63.14. No comments were received on the proposed technical and editorial corrections. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 39991 4. What is the rationale for our final approach? We are finalizing the technical and editorial changes as proposed for the reasons stated in section IV.E.6 of the proposal preamble. V. Summary of Cost, Environmental, and Economic Impacts and Additional Analyses Conducted A. What are the affected facilities? There are currently eight facilities operating in the United States that conduct MVP and CEP operations that are subject to the Cellulose Products Manufacturing NESHAP. The 40 CFR part 63, subpart UUUU affected source for the MVP source category is each cellulose food casing, rayon, cellulosic sponge, or cellophane operation, as defined in 40 CFR 63.5610. The affected source for the CEP source category is each cellulose ether operation, as defined in 40 CFR 63.5610. B. What are the air quality impacts? The EPA estimates that annual HAP emissions from the MVP and CEP facilities that are subject to the NESHAP are approximately 4,300 tpy. We are not establishing new emission limits and are not requiring additional controls; therefore, no quantifiable air quality impacts are expected as a result of the final amendments to the rule. However, the final amendments, including the removal of the SSM exemption and addition of periodic emissions testing, have the potential to reduce excess emissions from sources by ensuring proper operation of control devices. The final amendments will have no effect on the energy needs of the affected facilities and, therefore, have no indirect or secondary air emissions impacts. C. What are the cost impacts? The eight facilities subject to the final amendments will incur minimal net costs to meet the revised recordkeeping and reporting requirements and will incur periodic emissions testing costs for add-on control devices. The nationwide costs associated with the new periodic testing requirements are estimated to be $490,000 (2018$) over the 5 years following promulgation of the amendments. For further information on the costs, see the memorandum titled Costs and Environmental Impacts of Regulatory Options for the Cellulose Products Manufacturing Industry, and the document titled Supporting Statement for the NESHAP for Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU), which are both available in the E:\FR\FM\02JYR2.SGM 02JYR2 39992 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations docket for this final rule (Docket ID No. EPA–HQ–OAR–2018–0415). D. What are the economic impacts? The final revisions to the Cellulose Products Manufacturing NESHAP have some costs associated with the periodic testing requirements and these costs are not expected to have significant economic impacts. khammond on DSKJM1Z7X2PROD with RULES2 E. What are the benefits? The final amendments will result in improved monitoring, compliance, and implementation of the rule by adding provisions for periodic emissions testing, requiring MVP and CEP facilities to meet the same emission standards during SSM events as during normal operations, and requiring electronic submittal of initial notifications, performance test results, and semiannual reports. These improvements will further assist in the protection of public health and the environment. The electronic reporting requirements will improve data availability and ultimately result in less burden on the regulated community. F. What analysis of environmental justice did we conduct? Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. To examine the potential for any environmental justice issues that might be associated with the Cellulose Products Manufacturing NESHAP, we performed a demographic analysis for the MVP and CEP source categories, which is an assessment of risks to individual demographic groups of the populations living within 5 kilometers (km) and within 50 km of the facilities. In each analysis, we evaluated the distribution of HAP-related cancer and noncancer risks from the MVP and CEP source categories across different demographic groups within the populations living near facilities.4 4 Demographic groups included in the analysis are: White, African American, Native American, other races and multiracial, Hispanic or Latino, children 17 years of age and under, adults 18 to 64 years of age, adults 65 years of age and over, adults without a high school diploma, people living below the poverty level, people living two times the poverty level, and linguistically isolated people. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 For the MVP source category, we determined that no one is exposed to a cancer risk at or above 1-in-1 million or to a chronic noncancer TOSHI greater than 1. The methodology and the results of the MVP demographic analysis are presented in a technical report, Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Miscellaneous Viscose Processes Facilities, available in the docket for this action. For the CEP source category, the results of the demographic analysis indicate that emissions from the source category expose approximately 104,572 people to a cancer risk at or above 1-in1 million and approximately zero people to a chronic noncancer TOSHI greater than 1. The percentages of the atrisk population in three demographic groups (African American, above poverty level, and over 25 without high school diploma) are greater than their respective nationwide percentages. The methodology and the results of the CEP demographic analysis are presented in the technical report, Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Cellulose Ethers Production Facilities, available in the docket for this action (Docket ID No. EPA–HQ–OAR– 2018–0415). G. What analysis of children’s environmental health did we conduct? The EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. The health and risk assessments for this action are contained in two reports titled Residual Risk Assessment for the Miscellaneous Viscose Processes Source Category in Support of the 2020 Risk and Technology Review Final Rule and Residual Risk Assessment for the Cellulose Ethers Production Source Category in Support of the 2020 Risk and Technology Review Final Rule, which can be found in the docket for this action. VI. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Orders 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act (PRA) The information collection activities in this rule have been submitted for approval to the OMB under the PRA. The Information Collection Request (ICR) document that the EPA prepared has been assigned EPA ICR number 1974.11. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. The information collection requirements are not enforceable until OMB approves them. We are finalizing changes to the recordkeeping and reporting requirements for 40 CFR part 63, subpart UUUU, which eliminate the SSM reporting and SSM plan requirements, add periodic emissions testing, provide biofilter effluent conductivity as an alternative to monitoring pH, and require electronic submittal of notifications, semiannual reports, and performance test reports. Respondents/affected entities: Respondents include facilities subject to the NESHAP for Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU). Respondent’s obligation to respond: Mandatory (40 CFR part 63, subpart UUUU). Estimated number of respondents: Eight. Frequency of response: Initial notifications, reports of periodic performance tests, and semiannual compliance reports. Total estimated burden: 7,256 labor hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: $954,000 per year, including $834,000 per year in labor costs and $120,000 per year in annualized capital or operation and maintenance costs. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves this ICR, the Agency will announce that approval in the Federal Register and publish a technical amendment to 40 CFR part 9 to display the OMB control number for the approved information collection activities contained in this final rule. E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. There are no small entities in this regulated industry and, as such, this action will not impose any requirements on small entities. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use E. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments, or the private sector. J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. khammond on DSKJM1Z7X2PROD with RULES2 G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. None of the facilities known to be engaged in the manufacture of cellulose products that would be affected by this action are owned or operated by tribal governments or located within tribal lands. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action’s health and risk assessments are contained in sections III.A and IV.A of this preamble. Further documentation is provided in the following risk reports titled Residual Risk Assessment for the Miscellaneous Viscose Processes Source Category in Support of the 2020 Risk and Technology Review Final Rule and Residual Risk Assessment for the Cellulose Ethers Production Source Category in Support of the 2020 Risk and Technology Review Final Rule, which can be found in the docket for this action. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. This action involves technical standards. The EPA has decided to use three voluntary consensus standards (VCS). ASTM D6420–99 (Reapproved 2010), ‘‘Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry,’’ is used for the measurement of toluene and total organic HAP. This method employs a direct interface gas chromatograph/mass spectrometer to identify and quantify the 36 volatile organic compounds (VOC) (or sub-set of these compounds) listed on the ASTM website. This ASTM standard has been approved by the EPA as an alternative to EPA Method 18 when the target compounds are all known, and the target compounds are all listed in ASTM D6420 as measurable. ASTM D5790–95 (Reapproved 2012), ‘‘Standard Test Method for Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry,’’ identifies and measures purgeable VOC. It has been validated for treated drinking water, wastewater, and groundwater. ASTM D5790–95 is acceptable as an alternative to EPA Method 624 and for the analysis of total organic HAP in wastewater samples. For wastewater analyses, this ASTM method should be used with the sampling procedures of EPA Method 25D or an equivalent method in order to be a complete alternative. This ASTM standard is validated for all of the 21 volatile organic HAP (including toluene) targeted by EPA Method 624 and is also validated for an additional 14 HAP not targeted by the EPA method. ASTM D6348–12e1, ‘‘Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy,’’ is an acceptable alternative to using EPA Method 320 with caveats requiring inclusion of selected annexes to the standard as mandatory. This test method provides the volume concentration of detected analytes. Converting the volume concentration to a mass emission rate using the compound’s molecular weight, and the PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 39993 effluent volumetric flow rate, temperature, and pressure is useful for determining the impact of that compound to the atmosphere. When using ASTM D6348–12e, the following conditions must be met: (1) The test plan preparation and implementation in the Annexes to ASTM D 6348–03, Sections A1 through A8 are mandatory; and (2) in ASTM D6348–03, Annex A5 (Analyte Spiking Technique), the percent recovery (%R) must be determined for each target analyte (Equation A5.5). For the test data to be acceptable for a compound, %R must be greater than or equal to 70 percent and less than or equal to 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound by using the following equation: Reported Results = ((Measured Concentration in the Stack)/ (%R)) × 100. These four ASTM standards are available from ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959. See https://www.astm.org/. While the EPA identified 14 other VCS as being potentially applicable, the Agency has decided not to use them. The use of these VCS would not be practical due to lack of equivalency, documentation, validation date, and other important technical and policy considerations. For further information, see the memorandum titled Voluntary Consensus Standard Results for National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing, in the docket for this action (Docket ID Item No. EPA– HQ–OAR–2018–0415–0059). K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low income populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The documentation for this decision is contained in the technical reports titled Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Miscellaneous Viscose Processes Facilities and Risk and E:\FR\FM\02JYR2.SGM 02JYR2 39994 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations Technology Review—Analysis of Demographic Factors for Populations Living Near Cellulose Ethers Production Facilities, which are located in the public docket for this action. L. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedures, Air pollution control, Hazardous substances, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: March 11, 2020. Andrew R. Wheeler, Administrator. For the reasons set forth in the preamble, the EPA amends 40 CFR part 63 as follows: PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: ■ Subpart A—General Provisions 2. Section 63.14 is amended by revising paragraphs (h)(72), (83), (85), (89), and (91) to read as follows: ■ Incorporations by reference. khammond on DSKJM1Z7X2PROD with RULES2 * * * * * (h) * * * (72) ASTM D5790–95 (Reapproved 2012), Standard Test Method for Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry, IBR approved for Table 4 to subpart UUUU. * * * * * (83) ASTM D6348–03, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, including Annexes A1 through A8, Approved October 1, 2003, IBR approved for §§ 63.457(b), 63.1349, Table 4 to subpart DDDD, table 4 to subpart UUUU, table 4 subpart ZZZZ, and table 8 to subpart HHHHHHH. * * * * * (85) ASTM D6348–12e1, Standard Test Method for Determination of VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 Subpart UUUU—National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing 3. Section 63.5505 is amended by adding paragraph (f) to read as follows: ■ § 63.5505 What emission limits, operating limits, and work practice standards must I meet? * Authority: 42 U.S.C. 7401 et seq. § 63.14 Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved for § 63.1571(a) and Table 4 to subpart UUUU. * * * * * (89) ASTM D6420–99, Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, IBR approved for §§ 63.5799 and 63.5850. * * * * * (91) ASTM D6420–99 (Reapproved 2010), Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, Approved October 1, 2010, IBR approved for § 63.670(j), Table 4 to subpart UUUU, and appendix A to this part: Method 325B. * * * * * * * * * (f) Carbon disulfide storage tanks part of a submerged unloading and storage operation subject to this part are not subject to 40 CFR part 60, subpart Kb (Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984). ■ 4. Section 63.5515 is amended by revising paragraph (a), paragraph (b) introductory text, adding reserved paragraph (b)(2), and revising paragraph (c). The revisions read as follows: § 63.5515 What are my general requirements for complying with this subpart? (a) On or before December 29, 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), you must be in compliance with the emission limits, operating limits, and work practice standards in this subpart at all times, except during periods of startup, shutdown, and malfunction. After December 29, 2020, for each existing source (and for each new or reconstructed source for which PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 construction or reconstruction commenced on or before September 9, 2019), you must be in compliance with the emission limitations in this subpart at all times. For new and reconstructed sources for which construction or reconstruction commenced after September 9, 2019, you must be in compliance with the emission limits, operating limits, and work practice standards in this subpart at all times on July 2, 2020, or immediately upon startup, whichever is later. (b) On or before December 29, 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). After December 29. 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), and after September 9, 2019, for new and reconstructed sources for which construction or reconstruction commenced after September 9, 2019, you must always operate and maintain your affected source, including air pollution control and monitoring equipment in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by this subpart. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. * * * * * (c) On or before December 29 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), you must maintain a written startup, shutdown, and malfunction (SSM) plan according the provisions in § 63.6(e)(3). For each such source, a SSM plan is not required after December 29, 2020. No SSM plan is required for any new or reconstruction source for E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations which construction or reconstruction commenced after September 9, 2019. * * * * * ■ 5. Section 63.5535 is amended by revising paragraph (b), removing and reserving paragraph (c), and revising paragraphs (g)(1), (h)(1), and (i)(7). The revisions read as follows: § 63.5535 What performance tests and other procedures must I use? khammond on DSKJM1Z7X2PROD with RULES2 * * * * * (b) You must conduct each performance test for continuous process vents and combinations of batch and continuous process vents based on representative performance (i.e., performance based on normal operating conditions) of the affected source for the period being tested, according to the specific conditions in Table 4 to this subpart. Representative conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. * * * * * (g) * * * (1) Viscose process affected sources that must use non-recovery control devices to meet the applicable emission limit in table 1 to this subpart must conduct an initial performance test of their non-recovery control devices according to the requirements in table 4 to this subpart to determine the control efficiency of their non-recovery control devices and incorporate this information in their material balance. Periodic performance tests must be conducted as specified in § 63.5541. * * * * * (h) * * * (1) Cellulose ether affected sources that must use non-recovery control devices to meet the applicable emission limit in table 1 to this subpart must conduct an initial performance test of their non-recovery control devices according to the requirements in table 4 to this subpart to determine the control efficiency of their non-recovery control devices and incorporate this information in their material balance. Periodic performance tests must be conducted as specified in § 63.5541. * * * * * (i) * * * VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 (7) For biofilters, record the pressure drop across the biofilter beds, inlet gas temperature, and effluent pH or conductivity averaged over the same time period as the compliance demonstration while the vent stream is routed and constituted normally. Locate the pressure, temperature, and pH or conductivity sensors in positions that provide representative measurement of these parameters. Ensure the sample is properly mixed and representative of the fluid to be measured. * * * * * 6. Section 63.5541 is added to read as follows: ■ § 63.5541 When must I conduct subsequent performance tests? (a) For each affected source utilizing a non-recovery control device to comply with § 63.5515 that commenced construction or reconstruction before September 9, 2019, a periodic performance test must be performed by July 2, 2023, and subsequent tests no later than 60 months thereafter. (b) For each affected source utilizing a non-recovery control device to comply with § 63.5515 that commences construction or reconstruction after September 9, 2019, a periodic performance test must be performed no later than 60 months after the initial performance test required by § 63.5535, and subsequent tests no later than 60 months thereafter. 7. Section 63.5545 is amended by revising paragraphs (b)(1) and (e)(2) to read as follows: ■ § 63.5545 What are my monitoring installation, operation, and maintenance requirements? * * * * * (b) * * * (1) Ongoing operation and maintenance procedures in accordance with the general requirements of §§ 63.8(c)(3) and (4)(ii), 63.5515(b), and 63.5580(c)(6); * * * * * (e) * * * (2) You must conduct a performance evaluation of each CEMS according to the requirements in § 63.8, Procedure 1 of 40 CFR part 60, appendix F, and according to the applicable performance specification listed in paragraphs (e)(1)(i) through (iv) of this section. * * * * * 8. Section 63.5555 is amended by revising paragraph (d) to read as follows: ■ PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 39995 § 63.5555 How do I demonstrate continuous compliance with the emission limits, operating limits, and work practice standards? * * * * * (d) For each affected source that commenced construction or reconstruction before September 9, 2019, on or before December 29, 2020, deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator’s satisfaction that you were operating in accordance with § 63.5515(b). The Administrator will determine whether deviations that occur on or before December 29, 2020, and during a period you identify as a startup, shutdown, or malfunction are violations, according to the provisions in § 63.5515(b). This section no longer applies after December 30, 2020. For new sources that commence construction or reconstruction after September 9, 2019, this section does not apply. ■ 9. Section 63.5575 is revised to read as follows: § 63.5575 What notifications must I submit and when? You must submit each notification in Table 7 to this subpart that applies to you by the date specified in Table 7 to this subpart. Initial notifications and Notification of Compliance Status Reports shall be electronically submitted in portable document format (PDF) following the procedure specified in § 63.5580(g). ■ 10. Section 63.5580 is amended by: ■ a. Revising paragraphs (b) introductory text and (b)(2) and (4); ■ b. Adding paragraph (b)(6); ■ c. Revising paragraphs (c)(4), (e) introductory text, and (e)(2); ■ d. Adding paragraphs (e)(14) and (g) through (k). The revisions and additions read as follows: § 63.5580 when? What reports must I submit and * * * * * (b) Unless the Administrator has approved a different schedule for submitting reports under § 63.10, you must submit each compliance report by the date in Table 8 to this subpart and according to the requirements in paragraphs (b)(1) through (6) of this section. * * * * * (2) The first compliance report must be submitted no later than August 31 or February 28, whichever date follows the end of the first calendar half after the E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39996 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations compliance date that is specified for your affected source in § 63.5495. * * * * * (4) Each subsequent compliance report must be submitted no later than August 31 or February 28, whichever date is the first date following the end of the semiannual reporting period. * * * * * (6) Prior to December 29, 2020, all compliance reports submitted by mail must be postmarked or delivered no later than the dates specified in paragraphs (b)(1) through (5). Beginning on December 29, 2020, you must submit all compliance reports following the procedure specified in paragraph (g) of this section by the dates specified in paragraphs (b)(1) through (5). * * * * * (c) * * * (4) Before December 30, 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), if you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your SSM plan, the compliance report must include the information in § 63.10(d)(5)(i). After December 29, 2020, you are no longer required to report the information in § 63.10(d)(5)(i). No SSM plan is required for any new or reconstruction source for which construction or reconstruction commenced after September 9, 2019. * * * * * (e) For each deviation from an emission limit or operating limit occurring at an affected source where you are using a CMS to demonstrate continuous compliance with the emission limit or operating limit in this subpart (see Tables 5 and 6 to this subpart), you must include the information in paragraphs (c)(1) through (4) and (e)(1) through (14) of this section. This includes periods of SSM. * * * * * (2) The date, time, and duration that each CMS was inoperative, except for zero (low-level) and high-level checks. * * * * * (14) An estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. * * * * * (g) If you are required to submit notifications or reports following the procedure specified in this paragraph, you must submit notifications or reports to the EPA via the Compliance and Emissions Data Reporting Interface VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 (CEDRI), which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). Notifications must be submitted as PDFs to CEDRI. You must use the semi-annual compliance report template on the CEDRI website (https://www.epa.gov/ electronic-reporting-air-emissions/ compliance-and-emissions-datareporting-interface-cedri) for this subpart. The date report templates become available will be listed on the CEDRI website. The semi-annual compliance report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. If you claim some of the information required to be submitted via CEDRI is confidential business information (CBI), submit a complete report, including information claimed to be CBI, to the EPA. The report must be generated using the appropriate form on the CEDRI website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/ CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. (h) Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (h)(1) through (3) of this section. (1) Data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT website (https:// www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via CEDRI, which can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website. (2) Data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the ERT generated PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 package or alternative file to the EPA via CEDRI. (3) Confidential business information (CBI). If you claim some of the information submitted under this paragraph (h) is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in paragraph (h) of this section. (i) Within 60 days after the date of completing each CMS performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (i)(1) through (3) of this section. (1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA’s CDX. The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA’s ERT website. (2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. The results of the performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information (CBI). If you claim some of the information submitted under this paragraph (i) is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the file on a compact disc, flash drive, or E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in this paragraph (i). (j) If you are required to electronically submit a report or notification through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (j)(1) through (7) of this section. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA’s CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning 5 business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. 11. Section 63.5590 is amended by adding paragraph (e) to read as follows: ■ § 63.5590 In what form and how long must I keep my records? * * * * * (e) Any records required to be maintained by this part that are submitted electronically via EPA’s CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. 12. Table 2 to Subpart UUUU is revised to read as follows: ■ Table 2 to Subpart UUUU of Part 63— Operating Limits As required in § 63.5505(b), you must meet the appropriate operating limits in the following table: For the following control technique . . . you must . . . 1. condenser ........................ maintain the daily average condenser outlet gas or condensed liquid temperature no higher than the value established during the compliance demonstration. a. for periods of normal operation, maintain the daily average thermal oxidizer firebox temperature no lower than the value established during the compliance demonstration; b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or reconstruction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup demonstrating that the oxidizer was properly operating (e.g., firebox temperature had reached the setpoint temperature) prior to emission unit startup. a. for periods of normal operation, maintain the daily average scrubber pressure drop and scrubber liquid flow rate within the range of values established during the compliance demonstration; 2. thermal oxidizer ................ khammond on DSKJM1Z7X2PROD with RULES2 reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of the EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (k) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (k)(1) through (5) of this section. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. 39997 3. water scrubber ................. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 39998 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For the following control technique . . . 4. caustic scrubber ............... 5. flare .................................. 6. biofilter .............................. 7. carbon absorber ............... 8. oil absorber ...................... 9. any of the control techniques specified in this table. 10. any of the control techniques specified in this table. 11. alternative control technique. you must . . . b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or, reconstruction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup and shutdown to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer’s recommendations, or other site-specific operating values established for normal operating periods. a. for periods of normal operation, maintain the daily average scrubber pressure drop, scrubber liquid flow rate, and scrubber liquid pH, conductivity, or alkalinity within the range of values established during the compliance demonstration; b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or reconstruction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup and shutdown to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer’s recommendations, or other site-specific operating values established for normal operating periods. maintain the presence of a pilot flame. maintain the daily average biofilter inlet gas temperature, biofilter effluent pH or conductivity, and pressure drop within the operating values established during the compliance demonstration. maintain the regeneration frequency, total regeneration adsorber stream mass or volumetric flow during carbon bed regeneration, and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)) for each regeneration cycle within the values established during the compliance demonstration. maintain the daily average absorption liquid flow, absorption liquid temperature, and steam flow within the values established during the compliance demonstration. if using a CEMS, maintain the daily average control efficiency of each control device no lower than the value established during the compliance demonstration. a. if you wish to establish alternative operating parameters, submit the application for approval of the alternative operating parameters no later than the notification of the performance test or CEMS performance evaluation or no later than 60 days prior to any other initial compliance demonstration; b. the application must include: Information justifying the request for alternative operating parameters (such as the infeasibility or impracticality of using the operating parameters in this final rule); a description of the proposed alternative control device operating parameters; the monitoring approach; the frequency of measuring and recording the alternative parameters; how the operating limits are to be calculated; and information documenting that the alternative operating parameters would provide equivalent or better assurance of compliance with the standard; c. install, operate, and maintain the alternative parameter monitoring systems in accordance with the application approved by the Administrator; d. establish operating limits during the initial compliance demonstration based on the alternative operating parameters included in the approved application; and e. maintain the daily average alternative operating parameter values within the values established during the compliance demonstration. a. submit for approval no later than the notification of the performance test or CEMS performance evaluation or no later than 60 days prior to any other initial compliance demonstration a proposed site-specific plan that includes: A description of the alternative control device; test results verifying the performance of the control device; the appropriate operating parameters that will be monitored; and the frequency of measuring and recording to establish continuous compliance with the operating limits; b. install, operate, and maintain the parameter monitoring system for the alternative control device in accordance with the plan approved by the Administrator; c. establish operating limits during the initial compliance demonstration based on the operating parameters for the alternative control device included in the approved plan; and d. maintain the daily average operating parameter values for the alternative control technique within the values established during the compliance demonstration. 13. Table 3 to Subpart UUUU is revised to read as follows: khammond on DSKJM1Z7X2PROD with RULES2 ■ Table 3 to Subpart UUUU of Part 63— Initial Compliance With Emission Limits and Work Practice Standards As required in §§ 63.5530(a) and 63.5535(g) and (h), you must VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 demonstrate initial compliance with the appropriate emission limits and work practice standards according to the requirements in the following table: E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . for the following emission limit or work practice standard . . . you have demonstrated initial compliance if . . . 1. the sum of all viscose process vents a. each existing cellulose food casing operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 25 percent based on a 6-month rolling average; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems b. each new cellulose food casing operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75 percent based on a 6-month rolling average; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. c. each existing rayon operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 35 percent within 3 years after the effective date based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; and (1) the average uncontrolled total sulfide emissions, determined during the monthlong compliance demonstration or using engineering assessments, are reduced by at least 25 percent; (2) you have a record of the range of operating parameter values over the monthlong compliance demonstration during which the average uncontrolled total sulfide emissions were reduced by at least 25 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance requirements for closed-vent systems. (1) the average uncontrolled total sulfide emissions, determined during the monthlong compliance demonstration or using engineering assessments, are reduced by at least 75 percent; (2) you have a record of the range of operating parameter values over the monthlong compliance demonstration during which the average uncontrolled total sulfide emissions were reduced by at least 75 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance requirements for closed-vent systems. (1) the average uncontrolled total sulfide emissions, determined during the monthlong compliance demonstration or using engineering assessments, are reduced by at least 35 percent within 3 years after the effective date; (2) you have a record of the average operating parameter values over the monthlong compliance demonstration during which the average uncontrolled total sulfide emissions were reduced by at least 35 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance requirements for closed-vent systems; and (1) the average uncontrolled total sulfide emissions, determined during the monthlong compliance demonstration or using engineering assessments, are reduced by at least 40 percent within 8 years after the effective date; (2) you have a record of the average operating parameter values over the monthlong compliance demonstration during which the average uncontrolled total sulfide emissions were reduced by at least 40 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of the total sulfide emissions; and (4) you comply with the initial compliance requirements for closed-vent systems. ii. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 40 percent within 8 years after the effective date based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems. khammond on DSKJM1Z7X2PROD with RULES2 39999 VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 40000 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . khammond on DSKJM1Z7X2PROD with RULES2 2. the sum of all solvent coating process vents VerDate Sep<11>2014 at . . . for the following emission limit or work practice standard . . . you have demonstrated initial compliance if . . . d. each new rayon operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75 percent; based on a 6-month rolling average; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. e. each existing or new cellulosic sponge operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75 percent based on a 6-month rolling average; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. f. each existing or new cellophane operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75 percent based on a 6-month rolling average; ii. for each vent stream that you control using a control device (except for retractable hoods over sulfuric acid baths at a cellophane operation), route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. a. each existing or new cellophane operation i. reduce uncontrolled toluene emissions by at least 95 percent based on a 6-month rolling average; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. (1) the average uncontrolled total sulfide emissions, determined during the monthlong compliance demonstration or using engineering assessments, are reduced by at least 75 percent; (2) you have a record of the average operating parameter values over the monthlong compliance demonstration during which the average uncontrolled total sulfide emissions were reduced by at least 75 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of total sulfide missions; and (4) you comply with the initial compliance requirements for closed-vent systems. (1) the average uncontrolled total sulfide emissions, determined during the monthlong compliance demonstration or using engineering assessments, are reduced by at least 75 percent; (2) you have a record of the average operating parameter values over the monthlong compliance demonstration during which the average uncontrolled total sulfide emissions were reduced by at least 75 percent; (3) you prepare a material balance that includes the pertinent data used to determine and the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance requirements for closed-vent systems. (1) the average uncontrolled total sulfide emissions, determined during the monthlong compliance demonstration or using engineering assessments, are reduced by at least 75 percent; (2) you have a record of the average operating parameter values over the monthlong compliance demonstration during which the average uncontrolled total sulfide emissions were reduced by at least 75 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance requirements for closed-vent systems. (1) the average uncontrolled toluene emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 95 percent; (2) you have a record of the average operating parameter values over the monthlong compliance demonstration during which the average uncontrolled toluene emissions were reduced by at least 95 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of toluene emissions; and (4) you comply with the initial compliance requirements for closed-vent systems. 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . for the following emission limit or work practice standard . . . you have demonstrated initial compliance if . . . 3. the sum of all cellulose ether process vents a. each existing or new cellulose ether operation using a performance test to demonstrate initial compliance; or i. reduce total uncontrolled organic HAP emissions by at least 99 percent; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. b. each existing or new cellulose ether operation using a material balance compliance demonstration to demonstrate initial compliance i. reduce total uncontrolled organic HAP emissions by at least 99 percent based on a 6-month rolling average; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. each existing or new cellulose ether operation a. each existing or new viscose process affected source operate and maintain the closed-loop system for cellulose ether operations. (1) average uncontrolled total organic HAP emissions, measured during the performance test or determined using engineering estimates are reduced by at least 99 percent; (2) you have a record of the average operating parameter values over the performance test during which the average uncontrolled total organic HAP emissions were reduced by at least 99 percent; and (3) you comply with the initial compliance requirements for closed-vent systems. (1) average uncontrolled total organic HAP emissions, determined during the monthlong compliance demonstration or using engineering estimates are reduced by at least 99 percent; (2) you have a record of the average operation parameter values over the monthlong compliance demonstration during which the average uncontrolled total organic HAP emissions were reduced by at least 99 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of total organic HAP emissions; (4) if you use extended cookout to comply, you measure the HAP charged to the reactor, record the grade of product produced, and then calculate reactor emissions prior to extended cookout by taking a percentage of the total HAP charged. you have a record certifying that a closedloop system is in use for cellulose ether operations. (1) you have a record documenting the 83percent reduction in uncontrolled carbon disulfide emissions; and (2) if venting to a control device to reduce emissions, you comply with the initial compliance requirements for closed-vent systems; 4. closed-loop systems 5. each carbon disulfide unloading and storage operation i. reduce uncontrolled carbon disulfide emissions by at least 83 percent from unloading and storage operations based on a 6month rolling average if you use an alternative control technique not listed in this table for carbon disulfide unloading and storage operations; if using a control device to reduce emissions, route emissions through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; ii. reduce uncontrolled carbon disulfide by at least 0.14 percent from viscose process vents based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; iii. install a nitrogen unloading and storage system; or khammond on DSKJM1Z7X2PROD with RULES2 40001 VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 (1) you comply with the initial compliance requirements for viscose process vents at existing or new cellulose food casing, rayon, cellulosic sponge, or cellophane operations, as applicable; (2) the 0.14-percent reduction must be in addition to the reduction already required for viscose process vents at existing or new cellulose food casing, rayon, cellulosic sponge, or cellophane operations, as applicable; and (3) you comply with the initial compliance requirements for closed-vent systems; you have a record certifying that a nitrogen unloading and storage system is in use; or E:\FR\FM\02JYR2.SGM 02JYR2 40002 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . for the following emission limit or work practice standard . . . you have demonstrated initial compliance if . . . iv. install a nitrogen unloading system; reduce uncontrolled carbon disulfide by at least 0.045 percent from viscose process vents based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems. (1) you have a record certifying that a nitrogen unloading system is in use; (2) you comply with the initial compliance requirements for viscose process vents at existing or new cellulose food casing, rayon, cellulosic sponge, or cellophane operations, as applicable; (3) the 0.045-percent reduction must be in addition to the reduction already required for viscose process vents at cellulose food casing, rayon, cellulosic sponge, or cellophane operations, as applicable; and (4) you comply with the initial compliance requirements for closed-vent systems. (1) the average uncontrolled toluene emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 95 percent; (2) you have a record of the average operating parameter values over the monthlong compliance demonstration during which the average uncontrolled toluene emissions were reduced by at least 95 percent; (3) you prepare a material balance that includes the pertinent data used to determine the percent reduction of toluene emissions; and (4) if venting to a control device to reduce emissions, you comply with the initial compliance requirements for closed-vent systems. you comply with the applicable requirements described in the Notification of Compliance Status Report provisions in § 63.182(a)(2) and (c)(1) through (3), except that references to the term ‘‘process unit’’ mean ‘‘cellulose ether process unit’’ for the purposes of this subpart; or you comply with the applicable requirements described in the Initial Compliance Status Report provisions of § 63.1039(a), except that references to the term ‘‘process unit’’ mean ‘‘cellulose ether process unit’’ for the purposes of this subpart. you comply with the applicability and Group 1/Group 2 determination provisions of § 63.144 and the initial compliance provisions of §§ 63.105 and 63.145. you install emission suppression equipment and conduct an initial inspection according to the provisions of §§ 63.133 through 63.137. 6. each toluene storage vessel a. each existing or new cellophane operation i. reduce uncontrolled toluene emissions by at least 95 percent based on a 6-month rolling average; ii. if using a control device to reduce emissions, route the emissions through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. 7. equipment leaks a. each existing or new cellulose ether operation i. comply with the applicable equipment leak standards of §§ 63.162 through 63.179; or khammond on DSKJM1Z7X2PROD with RULES2 ii. comply with the applicable equipment leak standards of §§ 63.1021 through 63.1027. 8. all sources of wastewater emissions each existing or new cellulose ether operation comply with the applicable wastewater provisions of § 63.105 and §§ 63.132 through 63.140. 9. liquid streams in open systems each existing or new cellulose ether operation 10. closed-vent system used to route emissions to a control device a. each existing or new affected source comply with the applicable provisions of § 63.149, except that references to ‘‘chemical manufacturing process unit’’ mean ‘‘cellulose ether process unit’’ for the purposes of this subpart. i. conduct annual inspections, repair leaks, and maintain records as specified in § 63.148. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 (1) you conduct an initial inspection of the closed-vent system and maintain records according to § 63.148; (2) you prepare a written plan for inspecting unsafe-to-inspect and difficult-to-inspect equipment according to § 63.148(g)(2) and (h)(2); and (3) you repair any leaks and maintain records according to § 63.148. E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . for the following emission limit or work practice standard . . . you have demonstrated initial compliance if . . . 11. closed-vent system containing a bypass line that could divert a vent stream away from a control device, except for equipment needed for safety purposes (described in § 63.148(f)(3)) a. each existing or new affected source i. install, calibrate, maintain, and operate a flow indicator as specified in § 63.148(f)(1); or you have a record documenting that you installed a flow indicator as specified in Table 1 to this subpart; or ii. secure the bypass line valve in the closed position with a car-seal or lock-and-key type configuration and inspect the seal or closure mechanism at least once per month as specified in § 63.148(f)(2) i. monitor and repair the heat exchanger system according to § 63.104(a) through (e), except that references to ‘‘chemical manufacturing process unit’’ mean ‘‘cellulose food casing, rayon, cellulosic sponge, cellophane, or cellulose ether process unit’’ for the purposes of this subpart. you have record documenting that you have secured the bypass line valve as specified in Table 1 to this subpart. 12. heat exchanger system that cools process equipment or materials in the process unit a. each existing or new affected source 14. Table 4 to Subpart UUUU is revised to read as follows: ■ Table 4 to Subpart UUUU of Part 63— Requirements for Performance Tests As required in §§ 63.5530(b) and 63.5535(a), (b), (g)(1), and (h)(1), you For . . . at . . . you must . . . 1. the sum of all process vents. a. each existing or i. select sampling new affected source. port’s location and the number of traverse points; ii. determine velocity and volumetric flow rate; iii. conduct gas analysis; and, iv. measure moisture content of the stack gas. khammond on DSKJM1Z7X2PROD with RULES2 40003 VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 (1) you determine that the heat exchanger system is exempt from monitoring requirements because it meets one of the conditions in § 63.104(a)(1) through (6), and you document this finding in your Notification of Compliance Status Report; or (2) if your heat exchanger system is not exempt, you identify in your Notification of Compliance Status Report the HAP or other representative substance that you will monitor, or you prepare and maintain a site-specific plan containing the information required by § 63.104(c)(1)(i) through (iv) that documents the procedures you will use to detect leaks by monitoring surrogate indicators of the leak. must conduct performance tests, other initial compliance demonstrations, and CEMS performance evaluations and establish operating limits according to the requirements in the following table: using . . . according to the following requirements . . . EPA Method 1 or 1A in appendix A–1 to part 60 of this chapter; EPA Method 2, 2A, 2C, 2D, 2F, or 2G in appendices A–1 and A–2 to part 60 of this chapter; (1) EPA Method 3, 3A, or 3B in appendix A–2 to part 60 of this chapter; or, (2) ASME PTC 19.10– 1981—Part 10 (incorporated by reference—see § 63.14); and, EPA Method 4 in appendix A–3 to part 60 of this chapter. sampling sites must be located at the inlet and outlet to each control device; Sfmt 4700 you may use EPA Method 2A, 2C, 2D, 2F, or 2G as an alternative to using EPA Method 2, as appropriate; you may use EPA Method 3A or 3B as an alternative to using EPA Method 3; or, you may use ASME PTC 19.10–1981—Part 10 as an alternative to using the manual procedures (but not instrumental procedures) in EPA Method 3B. E:\FR\FM\02JYR2.SGM 02JYR2 40004 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . you must . . . using . . . according to the following requirements . . . 2. the sum of all viscose process vents. a. each existing or new viscose process source. i. measure total sulfide emissions. (1) EPA Method 15 in appendix A–5 to part 60 of this chapter; or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you must conduct testing of emissions from continuous viscose process vents and combinations of batch and continuous viscose process vents at normal operating conditions, as specified in § 63.5535; (c) you must conduct testing of emissions from batch viscose process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (d) you must collect CPMS data during the period of the initial compliance demonstration and determine the CPMS operating limit during the period of the initial compliance demonstration. (a) you must measure emissions at the inlet and outlet of each control device using CEMS; (b) you must install, operate, and maintain the CEMS according to the applicable performance specification (PS–7, PS–8, PS– 9, or PS–15) of appendix B to part 60 of this chapter; and (c) you must collect CEMS emissions data at the inlet and outlet of each control device during the period of the initial compliance demonstration and determine the CEMS operating limit during the period of the initial compliance demonstration. (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use EPA Method 18 or 320 to determine the control efficiency of any control device for organic compounds; for a combustion device, you must use only HAP that are present in the inlet to the control device to characterize the percent reduction across the combustion device; (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and continuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstration and determine the CPMS operating limit during the initial compliance demonstration. (2) carbon disulfide and/or hydrogen sulfide CEMS, as applicable; khammond on DSKJM1Z7X2PROD with RULES2 3. the sum of all solvent coating process vents. VerDate Sep<11>2014 a. each existing or new cellophane operation. 21:36 Jul 01, 2020 Jkt 250001 i. measure toluene emissions. PO 00000 Frm 00026 Fmt 4701 (1) EPA Method 18 in appendix A–6 to part 60 of this chapter, or Method 320 in appendix A to part 63; or Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES2 For . . . VerDate Sep<11>2014 at . . . 21:36 Jul 01, 2020 you must . . . Jkt 250001 PO 00000 Frm 00027 Fmt 4701 40005 using . . . according to the following requirements . . . (2) ASTM D6420–99 (Reapproved 2010) (incorporated by reference—see § 63.14); or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use ASTM D6420–99 (Reapproved 2010) as an alternative to EPA Method 18 only where: The target compound(s) are known and are listed in ASTM D6420 as measurable; this ASTM should not be used for methane and ethane because their atomic mass is less than 35; ASTM D6420 should never be specified as a total VOC method; (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and continuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstration and determine the CPMS operating limit during the period of the initial compliance demonstration. Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 40006 khammond on DSKJM1Z7X2PROD with RULES2 For . . . VerDate Sep<11>2014 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations at . . . 21:36 Jul 01, 2020 you must . . . Jkt 250001 PO 00000 Frm 00028 Fmt 4701 using . . . according to the following requirements . . . (3) ASTM D6348– 12e1 (incorporated by reference—see § 63.14). (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use ASTM D6348–12e1 as an alternative to EPA Method 320 only where the following conditions are met: (1) The test plan preparation and implementation in the Annexes to ASTM D 6348–03, Sections A1 through A8 are mandatory; and (2) in ASTM D6348–03 Annex A5 (Analyte Spiking Technique), the percent recovery (%R) must be determined for each target analyte (Equation A5.5). In order for the test data to be acceptable for a compound, %R must be greater than or equal to 70 percent and less than or equal to 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound by using the following equation: Reported Results = ((Measured Concentration in the Stack)/(%R)) × 100. ASTM D6348–03 is incorporated by reference, see § 63.14. (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and continuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstration and determine the CPMS operating limit during the period of the initial compliance demonstration. Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . you must . . . using . . . according to the following requirements . . . 4. the sum of all cellulose ether process vents. a. each existing or new cellulose ether operation. i. measure total organic HAP emissions. (1) EPA Method 18 in appendix A–6 to part 60 of this chapter or Method 320 in appendix A to this part, or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use EPA Method 18 or 320 to determine the control efficiency of any control device for organic compounds; for a combustion device, you must use only HAP that are present in the inlet to the control device to characterize the percent reduction across the combustion device; (c) you must conduct testing of emissions from continuous cellulose ether process vents and combinations of batch and continuous cellulose ether process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch cellulose ether process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial performance test and determine the CPMS operating limit during the period of the initial performance test. (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use ASTM D6420–99 (Reapproved 2010) as an alternative to EPA Method 18 only where: The target compound(s) are known and are listed in ASTM D6420 as measurable; this ASTM should not be used for methane and ethane because their atomic mass is less than 35; ASTM D6420 should never be specified as a total VOC method; (c) you must conduct testing of emissions from continuous cellulose ether process vents and combinations of batch and continuous cellulose ether process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch cellulose ether process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial performance test and determine the CPMS operating limit during the period of the initial performance test. (2) ASTM D6420–99 (Reapproved 2010); or khammond on DSKJM1Z7X2PROD with RULES2 40007 VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 40008 For . . . Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations at . . . you must . . . using . . . according to the following requirements . . . (3) ASTM D6348– 12e1. (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use ASTM D6348–12e1 as an alternative to EPA Method 320 only where the following conditions are met: (1) The test plan preparation and implementation in the Annexes to ASTM D 6348–03, Sections A1 through A8 are mandatory; and (2) in ASTM D6348–03 Annex A5 (Analyte Spiking Technique), the percent recovery (%R) must be determined for each target analyte (Equation A5.5). In order for the test data to be acceptable for a compound, %R must be greater than or equal to 70 percent and less than or equal to 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound by using the following equation: Reported Results = ((Measured Concentration in the Stack)/(%R)) × 100. (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and continuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstration and determine the CPMS operating limit during the period of the initial compliance demonstration. (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use EPA Method 25 to determine the control efficiency of combustion devices for organic compounds; you may not use EPA Method 25 to determine the control efficiency of noncombustion control devices; (c) you must conduct testing of emissions from continuous cellulose ether process vents and combinations of batch and continuous cellulose ether process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch cellulose ether process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial performance test and determine the CPMS operating limit during the period of the initial performance test khammond on DSKJM1Z7X2PROD with RULES2 (4) EPA Method 25 in appendix A–7 to part 60 of this chapter; or VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . khammond on DSKJM1Z7X2PROD with RULES2 5. each toluene storage vessel. VerDate Sep<11>2014 you must . . . a. each existing or new cellophane operation. 21:36 Jul 01, 2020 Jkt 250001 i. measure toluene emissions. PO 00000 Frm 00031 Fmt 4701 40009 using . . . according to the following requirements . . . (5) EPA Method 25A in appendix A–7 to part 60 of this chapter. (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use EPA Method 25A if: An exhaust gas volatile organic matter concentration of 50 ppmv or less is required in order to comply with the emission limit; the volatile organic matter concentration at the inlet to the control device and the required level of control are such as to result in exhaust volatile organic matter concentrations of 50 ppmv or less; or because of the high control efficiency of the control device, the anticipated volatile organic matter concentration at the control device exhaust is 50 ppmv or less, regardless of the inlet concentration; (c) you must conduct testing of emissions from continuous cellulose ether process vents and combinations of batch and continuous cellulose ether process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch cellulose ether process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and, (e) you must collect CPMS data during the period of the initial performance test and determine the CPMS operating limit during the period of the initial performance test. (a) if venting to a control device to reduce emissions, you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use EPA Method 18 or 320 to determine the control efficiency of any control device for organic compounds; for a combustion device, you must use only HAP that are present in the inlet to the control device to characterize the percent reduction across the combustion device; (c) you must conduct testing of emissions from continuous storage vessel vents and combinations of batch and continuous storage vessel vents at normal operating conditions, as specified in § 63.5535 for continuous process vents; (d) you must conduct testing of emissions from batch storage vessel vents as specified in § 63.490(c) for batch process vents, except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and, (e) you must collect CPMS data during the period of the initial compliance demonstration and determine the CPMS operating limit during the period of the initial compliance demonstration. (1) EPA Method 18 in appendix A–6 to part 60 of this chapter or Method 320 in appendix A to this part; or Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 40010 khammond on DSKJM1Z7X2PROD with RULES2 For . . . VerDate Sep<11>2014 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations at . . . 21:36 Jul 01, 2020 you must . . . Jkt 250001 PO 00000 Frm 00032 Fmt 4701 using . . . according to the following requirements . . . (2) ASTM D6420–99; or (a) if venting to a control device to reduce emissions, you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use ASTM D6420–99 (Reapproved 2010) as an alternative to EPA Method 18 only where: The target compound(s) are known and are listed in ASTM D6420 as measurable; this ASTM should not be used for methane and ethane because their atomic mass is less than 35; ASTM D6420 should never be specified as a total VOC method; (c) you must conduct testing of emissions from continuous storage vessel vents and combinations of batch and continuous storage vessel vents at normal operating conditions, as specified in § 63.5535 for continuous process vents; (d) you must conduct testing of emissions from batch storage vessel vents as specified in § 63.490(c) for batch process vents, except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and, (e) you must collect CPMS data during the period of the initial compliance demonstration and determine the CPMS operating limit during the period of the initial compliance demonstration. Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . 6. the sum of all process vents controlled using a flare. 7. equipment leaks .... khammond on DSKJM1Z7X2PROD with RULES2 8. all sources of wastewater emissions. VerDate Sep<11>2014 you must . . . each existing or new affected source. measure visible emissions. a. each existing or new cellulose ether operation. i. measure leak rate. a. each existing or new cellulose ether operation. 21:36 Jul 01, 2020 Jkt 250001 i. measure wastewater HAP emissions. PO 00000 Frm 00033 Fmt 4701 40011 using . . . according to the following requirements . . . (3) ASTM D6348– 12e1. (a) you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use ASTM D6348–12e1 as an alternative to EPA Method 320 only where the following conditions are met: (1) The test plan preparation and implementation in the Annexes to ASTM D 6348–03, Sections A1 through A8 are mandatory; and (2) in ASTM D6348–03 Annex A5 (Analyte Spiking Technique), the percent recovery (%R) must be determined for each target analyte (Equation A5.5). In order for the test data to be acceptable for a compound, %R must be greater than or equal to 70 percent and less than or equal to 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound by using the following equation: Reported Results = ((Measured Concentration in the Stack)/(%R)) × 100. (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and continuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstration and determine the CPMS operating limit during the period of the initial compliance demonstration. you must conduct the flare visible emissions test according to § 63.11(b). EPA Method 22 in appendix A–7 to part 60 of this chapter. (1) applicable equipment leak test methods in § 63.180; or (2) applicable equipment leak test methods in § 63.1023. (1) applicable wastewater test methods and procedures in §§ 63.144 and 63.145; or Sfmt 4700 you must follow all requirements for the applicable equipment leak test methods in § 63.180; or you must follow all requirements for the applicable equipment leak test methods in § 63.1023. (a) You must follow all requirements for the applicable wastewater test methods and procedures in §§ 63.144 and 63.145; or E:\FR\FM\02JYR2.SGM 02JYR2 40012 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . 9. any emission point you must . . . a. each existing or new affected source using a CEMS to demonstrate compliance. 15. Table 5 to Subpart UUUU is revised to read as follows: i. conduct a CEMS performance evaluation. using . . . according to the following requirements . . . (2) applicable wastewater test methods and procedures in §§ 63.144 and 63.145, using ASTM D5790–95 (Reapproved 2012) (incorporated by reference—see § 63.14) as an alternative to EPA Method 624 in appendix A to part 163 of this chapter. (1) applicable requirements in § 63.8 and applicable performance specification (PS–7, PS–8, PS–9, or PS–15) in appendix B to part 60 of this chapter. (a) you must follow all requirements for the applicable waste water test methods and procedures in §§ 63.144 and 63.145, except that you may use ASTM D5790–95 (Reapproved 2012) as an alternative to EPA Method 624, under the condition that this ASTM method be used with the sampling procedures of EPA Method 25D or an equivalent method. Table 5 to Subpart UUUU of Part 63— Continuous Compliance With Emission Limits and Work Practice Standards ■ khammond on DSKJM1Z7X2PROD with RULES2 As required in § 63.5555(a), you must demonstrate continuous compliance (a) you must conduct the CEMS performance evaluation during the period of the initial compliance demonstration according to the applicable requirements in § 63.8 and the applicable performance specification (PS–7, PS–8, PS–9, or PS–15) of 40 CFR part 60, appendix B; (b) you must install, operate, and maintain the CEMS according to the applicable performance specification (PS–7, PS–8, PS– 9, or PS–15) of 40 CFR part 60, appendix B; and (c) you must collect CEMS emissions data at the inlet and outlet of each control device during the period of the initial compliance demonstration and determine the CEMS operating limit during the period of the initial compliance demonstration. with the appropriate emission limits and work practice standards according to the requirements in the following table: For . . . at . . . for the following emission limit or work practice standard . . . you must demonstrate continuous compliance by . . . 1. the sum of all viscose process vents. a. each existing or new viscose process affected source. (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; (2) documenting the percent reduction of total sulfide emissions using the pertinent data from the material balance; and (3) complying with the continuous compliance requirements for closed-vent systems. 2. the sum of all solvent coating process vents. a. each existing or new cellophane operation. i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least the specified percentage based on a 6month rolling average; ii. for each vent stream that you control using a control device (except for retractable hoods over sulfuric acid baths at a cellophane operation), route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems (except for retractable hoods over sulfuric acid baths at a cellophane operation) i. reduce uncontrolled toluene emissions by at least 95 percent based on a 6-month rolling average; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and iii. comply with the work practice standard for closed-vent systems. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of toluene emissions; (2) documenting the percent reduction of toluene emissions using the pertinent data from the material balance; and (3) complying with the continuous compliance requirements for closed-vent systems. E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . for the following emission limit or work practice standard . . . you must demonstrate continuous compliance by . . . 3. the sum of all cellulose ether process vents. a. each existing or new cellulose ether operation using a performance test to demonstrate initial compliance; or. i. reduce total uncontrolled organic HAP emissions by at least 99 percent; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and, iii. comply with the work practice standard for closed-vent systems; or i. reduce total uncontrolled organic HAP emissions by at least 99 percent based on a 6-month rolling average; ii. for each vent stream that you control using a control device, route the vent stream through a closed-vent system to control device; and iii. comply with the work practice standard for closed-vent systems. (1) complying with the continuous compliance requirements for closed-vent systems; or (2) if using extended cookout to comply, monitoring reactor charges and keeping records to show that extended cookout was employed. b. each existing or new cellulose ether operation using a material balance compliance demonstration to demonstrate initial compliance. 4. closed-loop systems 5. each carbon disulfide unloading and storage operation. each existing or new cellulose ether operation. a. each existing or new viscose process affected source. ..................................... ..................................... ..................................... khammond on DSKJM1Z7X2PROD with RULES2 40013 operate and maintain a closed-loop system. i. reduce uncontrolled carbon disulfide emissions by at least 83 percent based on a 6month rolling average if you use an alternative control technique not listed in this table for carbon disulfide unloading and storage operations; if using a control device to reduce emissions, route emissions through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; ii. reduce total uncontrolled sulfide emissions by at least 0.14 percent from viscose process vents based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; iii. install a nitrogen unloading and storage system; or iv. install a nitrogen unloading system; reduce total uncontrolled sulfide emissions by at least 0.045 percent from viscose process vents based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems. 6. each toluene storage vessel. a. each existing or new cellophane operation. i. reduce uncontrolled toluene emissions by at least 95 percent based on a 6-month rolling average; ii. if using a control device to reduce emissions, route the emissions through a closed-vent system to the control device; and iii. comply with the work practice standard for closed vent systems. 7. equipment leaks ...... a. each existing or new cellulose ether operation. i. applicable equipment leak standards of §§ 63.162 through 63.179; or ii. applicable equipment leak standards of §§ 63.1021 through 63.1037. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of total organic HAP emissions; (2) documenting the percent reduction of total organic HAP emissions using the pertinent data from the material balance; (3) if using extended cookout to comply, monitoring reactor charges and keeping records to show that extended cookout was employed; (4) complying with the continuous compliance requirements for closed-vent systems. keeping a record certifying that a closed-loop system is in use for cellulose ether operations. (1) keeping a record documenting the 83 percent reduction in carbon disulfide emissions; and (2) if venting to a control device to reduce emissions, complying with the continuous compliance requirements for closed-vent systems; (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; (2) documenting the percent reduction of total sulfide emissions using the pertinent data from the material balance; and (3) complying with the continuous compliance requirements for closed-vent systems; Keeping a record certifying that a nitrogen unloading and storage system is in use; or (1) keeping a record certifying that a nitrogen unloading system is in use; (2) maintaining a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; (3) documenting the percent reduction of total sulfide emissions using the pertinent data from the material balance; and (4) complying with the continuous compliance requirements for closed-vent systems. (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of toluene emissions; (2) documenting the percent reduction of toluene emissions using the pertinent data from the material balance; and (3) if venting to a control device to reduce emissions, complying with the continuous compliance requirements for closed-vent systems. complying with the applicable equipment leak continuous compliance provisions of §§ 63.162 through 63.179; or complying with the applicable equipment leak continuous compliance provisions of §§ 63.1021 through 63.1037. E:\FR\FM\02JYR2.SGM 02JYR2 40014 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For . . . at . . . for the following emission limit or work practice standard . . . you must demonstrate continuous compliance by . . . 8. all sources of wastewater emissions. each existing or new cellulose either operation. each existing or new cellulose ether operation. applicable wastewater provisions of § 63.105 and §§ 63.132 through 63.140. complying with the applicable wastewater continuous compliance provisions of §§ 63.105, 63.143, and 63.148. conducting inspections, repairing failures, documenting delay of repair, and maintaining records of failures and corrective actions according to §§ 63.133 through 63.137. conducting the inspections, repairing leaks, and maintaining records according to § 63.148. 9. liquid streams in open systems. 10. closed-vent system used to route emissions to a control device. 11. closed-vent system containing a bypass line that could divert a vent stream away from a control device, except for equipment needed for safety purposes (described in § 63.148(f)(3). 12. heat exchanger system that cools process equipment or materials in the process unit. comply with the applicable provisions of § 63.149, except that references to ‘‘chemical manufacturing process unit’’ mean ‘‘cellulose ether process unit’’ for the purposes of this subpart. conduct annual inspections, repair leaks, maintain records as specified in § 63.148. each existing or new affected source. a. each existing or new affected source. a. each existing or new affected source. 16. Table 6 to Subpart UUUU is revised to read as follows: ■ i. install, calibrate, maintain, and operate a flow indicator as specified in § 63.148(f)(1); or (1) taking readings from the flow indicator at least once every 15 minutes; (2) maintaining hourly records of flow indicator operation and detection of any diversion during the hour, and (3) recording all periods when the vent stream is diverted from the control stream or the flow indicator is not operating; or ii. secure the bypass line valve in the closed position with a car-seal or lock-and-key type configuration and inspect the seal or mechanism at least once per month as specified in § 63.148(f)(2). (1) maintaining a record of the monthly visual inspection of the seal or closure mechanism for the bypass line; and (2) recording all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lockand-key type lock has been checked out. (1) monitoring for HAP compounds, other substances, or surrogate indicators at the frequency specified in § 63.104(b) or (c); (2) repairing leaks within the time period specified in § 63.104(d)(1); (3) confirming that the repair is successful as specified in § 63.104(d)(2); (4) following the procedures in § 63.104(e) if you implement delay of repair; and (5) recording the results of inspections and repair according to § 63.104(f)(1). i. monitor and repair the heat exchanger system according to § 63.104(a) through (e), except that references to ‘‘chemical manufacturing process unit’’ mean ‘‘cellulose food casing, rayon, cellulosic sponge, cellophane, or cellulose ether process unit’’ for the purposes of this subpart. Table 6 to Subpart UUUU of Part 63— Continuous Compliance With Operating Limits with the appropriate operating limits according to the requirements in the following table: As required in § 63.5555(a), you must demonstrate continuous compliance khammond on DSKJM1Z7X2PROD with RULES2 For the following control technique . . . for the following operating limit . . . you must demonstrate continuous compliance by . . . 1. condenser .... maintain the daily average condenser outlet gas or condensed liquid temperature no higher than the value established during the compliance demonstration. 2. thermal oxidizer. a. for normal operations, maintain the daily average thermal oxidizer firebox temperature no lower than the value established during the compliance demonstration. collecting the condenser outlet gas or condensed liquid temperature data according to § 63.5545; reducing the condenser outlet gas temperature data to daily averages; and maintaining the daily average condenser outlet gas or condensed liquid temperature no higher than the value established during the compliance demonstration. collecting the thermal oxidizer firebox temperature data according to § 63.5545; reducing the thermal oxidizer firebox temperature data to daily averages; and maintaining the daily average thermal oxidizer firebox temperature no lower than the value established during the compliance demonstration. collecting the appropriate, site-specific data needed to demonstrate that the oxidizer was properly operating prior to emission unit start up; and excluding firebox temperature from the daily averages during emission unit startup. b. for periods of startup, maintain documentation demonstrating that the oxidizer was properly operating (e.g., firebox temperature had reached the setpoint temperature) prior to emission unit startup.. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations For the following control technique . . . 3. water scrubber. 4. caustic scrubber. 5. flare .............. for the following operating limit . . . you must demonstrate continuous compliance by . . . a. for periods of normal operation, maintain the daily average scrubber pressure drop and scrubber liquid flow rate within the range of values established during the compliance demonstration. collecting the scrubber pressure drop and scrubber liquid flow rate data according to § 63.5545; reducing the scrubber parameter data to daily averages; and maintaining the daily scrubber parameter values within the range of values established during the compliance demonstration. collecting the appropriate, site-specific data needed to demonstrate that the scrubber was operating properly during emission unit startup and emission unit shutdown; and excluding parameters from the daily average calculations. b. for periods of startup and shutdown, maintain documentation to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer’s recommendations, or other site-specific operating values established for normal operating periods.. a. for periods of normal operation, maintain the daily average scrubber pressure drop, scrubber liquid flow rate, and scrubber liquid pH, conductivity, or alkalinity within the range of values established during the compliance demonstration. b. for periods of startup and shutdown, maintain documentation to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer’s recommendations, or other site-specific operating values established for normal operating periods.. maintain the presence of a pilot flame ..................................... 6. biofilter .......... maintain the daily average biofilter inlet gas temperature, biofilter effluent pH or conductivity, and pressure drop within the values established during the compliance demonstration. 7. carbon absorber. maintain the regeneration frequency, total regeneration stream mass or volumetric flow during carbon bed regeneration and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)) for each regeneration cycle within the values established during the compliance demonstration. 8. oil absorber .. maintain the daily average absorption liquid flow, absorption liquid temperature, and steam flow within the values established during the compliance demonstration. 9. any of the control techniques specified in this table. if using a CEMS, maintain the daily average control efficiency for each control device no lower than the value established during the compliance demonstration. 17. Table 7 to Subpart UUUU is revised to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES2 40015 collecting the scrubber pressure drop, scrubber liquid flow rate, and scrubber liquid pH, conductivity, or alkalinity data according to § 63.5545; reducing the scrubber parameter data to daily averages; and maintaining the daily scrubber parameter values within the range of values established during the compliance demonstration. collecting the appropriate, site-specific data needed to demonstrate that the scrubber was operating properly during emission unit startup and emission unit shutdown; and excluding parameters from the daily average calculations. collecting the pilot flame data according to § 63.5545; and maintaining the presence of the pilot flame. collecting the biofilter inlet gas temperature, biofilter effluent pH or conductivity, and biofilter pressure drop data according to § 63.5545; reducing the biofilter parameter data to daily averages; and maintaining the daily biofilter parameter values within the values established during the compliance demonstration. collecting the data on regeneration frequency, total regeneration stream mass or volumetric flow during carbon bed regeneration and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)) for each regeneration cycle according to § 63.5545; and maintaining carbon absorber parameter values for each regeneration cycle within the values established during the compliance demonstration. collecting the absorption liquid flow, absorption liquid temperature, and steam flow data according to § 63.5545; reducing the oil absorber parameter data to daily averages; and maintaining the daily oil absorber parameter values within the values established during the compliance demonstration. collecting CEMS emissions data at the inlet and outlet of each control device according to § 63.5545; determining the control efficiency values for each control device using the inlet and outlet CEMS emissions data; reducing the control efficiency values for each control device to daily averages; and maintaining the daily average control efficiency for each control device no lower than the value established during the compliance demonstration. Table 7 to Subpart UUUU of Part 63— Notifications As required in §§ 63.5490(c)(4), 63.5530(c), 63.5575, and 63.5595(b), you must submit the appropriate notifications specified in the following table: If you . . . then you must . . . 1. are required to conduct a performance test ........................................ submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin, as specified in §§ 63.7(b)(1) and 63.9(e). VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 40016 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations If you . . . then you must . . . 2. are required to conduct a CMS performance evaluation ..................... submit a notification of intent to conduct a CMS performance evaluation at least 60 calendar days before the CMS performance evaluation is scheduled to begin, as specified in §§ 63.8(e)(2) and 63.9(g). submit a request to use alternative monitoring method no later than the notification of the initial performance test or CMS performance evaluation or 60 days prior to any other initial compliance demonstration, as specified in § 63.8(f)(4). submit an initial notification no later than 120 days after June 11, 2002, as specified in § 63.9(b)(2). submit an initial notification no later than 120 days after you become subject to this subpart, as specified in § 63.9(b)(3). submit a request for extension of compliance no later than 120 days before the compliance date, as specified in §§ 63.9(c) and 63.6(i)(4). notify the Administrator of your compliance obligations no later than the initial notification dates established in § 63.9(b) for new sources not subject to the special provisions, as specified in § 63.9(d). notify the Administrator of the anticipated date for conducting the observations specified in § 63.6(h)(5), as specified in §§ 63.6(h)(4) and 63.9(f). a. submit a Notification of Compliance Status Report, as specified in § 63.9(h); b. submit the Notification of Compliance Status Report, including the performance test, CEMS performance evaluation, and any other initial compliance demonstration results within 240 calendar days following the compliance date specified in § 63.5495; and c. for sources which construction or reconstruction commenced on or before September 9, 2019, beginning on December 29, 2020, submit all subsequent Notifications of Compliance Status following the procedure specified in § 63.5580(g), (j), and (k). For sources which construction or reconstruction commenced after September 9, 2019, on July 2, 2020, or immediately upon startup, whichever is later, submit all subsequent Notifications of Compliance Status following the procedure specified in § 63.5580(g), (j), and (k). comply with the notification requirements specified in § 63.182(a)(1) and (2), (b), and (c)(1) through (3) for equipment leaks, with the Notification of Compliance Status Reports required in subpart H included in the Notification of Compliance Status Report required in this subpart. comply with the notification requirements specified in § 63.1039(a) for equipment leaks, with the Notification Compliance Status Reports required in subpart UU of this part included in the Notification of Compliance Status Report required in this subpart. comply with the notification requirements specified in §§ 63.146(a) and (b), 63.151, and 63.152(a)(1) through (3) and (b)(1) through (5) for wastewater, with the Notification of Compliance Status Reports required in subpart G of this part included in the Notification of Compliance Status Report required in this subpart. 3. wish to use an alternative monitoring method ..................................... 4. start up your affected source before June 11, 2002 ........................... 5. start up your new or reconstructed source on or after June 11, 2002 6. cannot comply with the relevant standard by the applicable compliance date. 7. are subject to special requirements as specified in § 63.6(b)(3) and (4). 8. are required to conduct visible emission observations to determine the compliance of flares as specified in § 63.11(b)(4). 9. are required to conduct a performance test or other initial compliance demonstration as specified in Table 3 to this subpart. 10. comply with the equipment leak requirements of subpart H of this part for existing or new cellulose ether affected sources. 11. comply with the equipment leak requirements of subpart UU of this part for existing or new cellulose ether affected sources. 12. comply with the wastewater requirements of subparts F and G of this part for existing or new cellulose ether affected sources. 18. Table 8 to Subpart UUUU is revised to read as follows: khammond on DSKJM1Z7X2PROD with RULES2 ■ Table 8 to Subpart UUUU of Part 63— Reporting Requirements As required in § 63.5580, you must submit the appropriate reports specified in the following table: You must submit a compliance report, which must contain the following information . . . and you must submit the report . . . 1. if there are no deviations from any emission limit, operating limit, or work practice standard during the reporting period, then the report must contain the information specified in § 63.5580(c); 2. if there were no periods during which the CMS was out-of-control, then the report must contain the information specified in § 63.5580(c)(6); 3. if there is a deviation from any emission limit, operating limit, or work practice standard during the reporting period, then the report must contain the information specified in § 63.5580(c) and (d); 4. if there were periods during which the CMS was out-of-control, then the report must contain the information specified in § 63.5580(e); semiannually as specified in § 63.5580(b); beginning on December 29, 2020, submit all subsequent reports following the procedure specified in § 63.5580(g). VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations You must submit a compliance report, which must contain the following information . . . 40017 and you must submit the report . . . 5. for sources which commenced construction or reconstruction on or before September 9, 2019, if prior to December 29, 2020, you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your SSM plan, then the report must contain the information specified in § 63.10(d)(5)(i); 6. for sources which commenced construction or reconstruction on or before September 9, 2019, if prior to December 29, 2020, you had a startup, shutdown, or malfunction during the reporting period and you took actions that are not consistent with your SSM plan, then the report must contain the information specified in § 63.10(d)(5)(ii); 7. the report must contain any change in information already provided, as specified in § 63.9(j); 8. for cellulose ether affected sources complying with the equipment leak requirements of subpart H of this part, the report must contain the information specified in § 63.182(a)(3) and (6) and (d)(2) through (4); 9. for cellulose ether affected sources complying with the equipment leak requirements of subpart UU of this part, the report must contain the information specified in § 63.1039(b); 10. for cellulose ether affected sources complying with the wastewater requirements of subparts F and G of this part, the report must contain the information specified in §§ 63.146(c) through (e) and 63.152(a)(4) and (5) and (c) through (e); 11. for affected sources complying with the closed-vent system provisions in § 63.148, the report must contain the information specified in § 63.148(j)(1); 12. for affected sources complying with the bypass line provisions in § 63.148(f), the report must contain the information specified in § 63.148(j)(2) and (3); 13. for affected sources invoking the delay of repair provisions in § 63.104(e) for heat exchanger systems, the next compliance report must contain the information in § 63.104(f)(2)(i) through (iv); if the leak remains unrepaired, the information must also be submitted in each subsequent compliance report until the repair of the leak is reported; and 14. for storage vessels subject to the emission limits and work practice standards in Table 1 to Subpart UUUU, the report must contain the periods of planned routine maintenance during which the control device does not comply with the emission limits or work practice standards in Table 1 to this subpart. 19. Table 9 to Subpart UUUU is revised to read as follows: Table 9 to Subpart UUUU of Part 63— Recordkeeping Requirements As required in § 63.5585, you must keep the appropriate records specified in the following table: khammond on DSKJM1Z7X2PROD with RULES2 ■ If you operate . . . then you must keep . . . and the record(s) must contain . . . 1. an existing or new affected source. a copy of each notification and report that you submitted to comply with this subpart. 2. an existing or new affected source that commenced construction or reconstruction on or before September 9, 2019. a. the records in § 63.6(e)(3)(iii) through (iv) related to startup, shutdown, and malfunction prior to December 30, 2020. all documentation supporting any Initial Notification or Notification of Compliance Status Report that you submitted, according to the requirements in § 63.10(b)(2)(xiv), and any compliance report required under this subpart. i. SSM plan; ii. when actions taken during a startup, shutdown, or malfunction are consistent with the procedures specified in the SSM plan, records demonstrating that the procedures specified in the plan were followed; iii. records of the occurrence and duration of each startup, shutdown, or malfunction; and iv. when actions taken during a startup, shutdown, or malfunction are not consistent with the procedures specified in the SSM plan, records of the actions taken for that event. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 40018 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations If you operate . . . and the record(s) must contain . . . b. records related to startup and shutdown, failures to meet the standard, and actions taken to minimize emissions after December 29, 2020. i. record the date, time, and duration of each startup and/or shutdown period, including the periods when the affected source was subject to the alternative operating parameters applicable to startup and shutdown; ii. in the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure, record the date, time and duration of each failure; iii. for each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions; and iv. record actions taken to minimize emissions in accordance with § 63.5515(b), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. i. record the date, time, and duration of each startup and/or shutdown period, including the periods when the affected source was subject to alternative operating parameters applicable to startup and shutdown; ii. in the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure, record the date, time and duration of each failure; iii. for each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions; and iv. record actions taken to minimize emissions in accordance with § 63.5515(b), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. i. information regarding the installation of the CMS sampling source probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device); ii. performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction system; iii. performance evaluation procedures and acceptance criteria (e.g., calibrations); iv. ongoing operation and maintenance procedures in accordance with the general requirements of §§ 63.8(c)(3) and (4)(ii), 63.5515(b), and 63.5580(c)(6); v. ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d)(2); and vi. ongoing recordkeeping and reporting procedures in accordance with the general requirements of §§ 63.10(c)(1)–(6), (c)(9)–(14), (e)(1), and (e)(2)(i) and 63.5585. all results of performance tests, CEMS performance evaluations, and any other initial compliance demonstrations, including analysis of samples, determination of emissions, and raw data. 3. a new or reconstructed affected source that commenced construction or reconstruction after September 9, 2019. a. records related to startup and shutdown, failures to meet the standard, and actions taken to minimize emissions. 4. an existing or new affected source. a. a site-specific monitoring plan ... 5. an existing or new affected source. records of performance tests and CEMS performance evaluations, as required in § 63.10(b)(2)(viii) and any other initial compliance demonstrations. a. records for each CEMS ............. 6. an existing or new affected source. khammond on DSKJM1Z7X2PROD with RULES2 then you must keep . . . 7. an existing or new affected source. a. records for each CPMS ............. 8. an existing or new cellulose ether affected ether source. 9. an existing or new viscose process affected source. records of closed-loop systems ..... VerDate Sep<11>2014 21:36 Jul 01, 2020 records of nitrogen unloading and storage systems or nitrogen unloading systems. Jkt 250001 PO 00000 Frm 00040 Fmt 4701 i. records described in § 63.10(b)(2)(vi) through (xi); ii. previous (superseded) versions of the performance evaluation plan, with the program of corrective action included in the plan required under § 63.8(d)(2); iii. request for alternatives to relative accuracy test for CEMS as required in § 63.8(f)(6)(i); iv. records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period; and v. records required in Table 6 to Subpart UUUU to show continuous compliance with the operating limit. i. records required in Table 6 to Subpart UUUU to show continuous compliance with each operating limit that applies to you; and ii. results of each CPMS calibration, validation check, and inspection required by § 63.5545(b)(4). records certifying that a closed-loop system is in use for cellulose ether operations. records certifying that a nitrogen unloading and storage systems or nitrogen unloading system is in use. Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations If you operate . . . then you must keep . . . and the record(s) must contain . . . 10. an existing or new viscose process affected source. 11. an existing or new viscose process affected source. 12. an existing or new cellulose ether affected source. records of material balances ......... 13. an existing or new ether affected source. 14. an existing or new ether affected source. 15. an existing or new source. 16. an existing or new source. cellulose a. equipment leak records ............. cellulose wastewater records ....................... affected closed-vent system records ........... all pertinent data from the material balances used to estimate the 6month rolling average percent reduction in HAP emissions. documenting the percent reduction in HAP emissions using pertinent data from the material balances. i. the amount of HAP charged to the reactor; ii. the grade of product produced; iii. the calculated amount of HAP remaining before extended cookout; and iv. information showing that extended cookout was employed. i. the records specified in § 63.181 for equipment leaks; or ii. the records specified in 63.1038 for equipment leaks. the records specified in §§ 63.105, 63.147, and 63.152(f) and (g) for wastewater. the records specified in § 63.148(i). affected a. bypass line records ................... 17. an existing or new affected source. 18. an existing or new affected source. heat exchanger system records .... 19. an existing or new affected source. safety device records .................... records of calculations ................... a. extended cookout records ......... control device records. 20. Table 10 to Subpart UUUU is revised to read as follows: maintenance i. hourly records of flow indicator operation and detection of any diversion during the hour and records of all periods when the vent stream is diverted from the control stream or the flow indicator is not operating; or ii. the records of the monthly visual inspection of the seal or closure mechanism and of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lockand-key type lock has been checked out and records of any carseal that has broken. records of the results of inspections and repair according to source § 63.104(f)(1). records of planned routine maintenance for control devices used to comply with the percent reduction emission limit for storage vessels in Table 1 to Subpart UUUU. a record of each time a safety device is opened to avoid unsafe conditions according to § 63.5505(d). Table 10 to Subpart UUUU of Part 63— Applicability of General Provisions to Subpart UUUU ■ appropriate General Provisions requirements specified in the following table: As required in §§ 63.5515(h) and 63.5600, you must comply with the Applies to Subpart UUUU Citation Subject Brief description § 63.1 ........................... Applicability ................ Yes. § 63.2 ........................... § 63.3 ........................... Definitions ................... Units and Abbreviations. Prohibited Activities and Circumvention. Preconstruction Review and Notification Requirements. Applicability ................ Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications. Definitions for part 63 standards .................... Units and abbreviations for part 63 standards Prohibited activities; compliance date; circumvention, severability. Preconstruction review requirements of section 112(i)(1). Yes. General provisions apply unless compliance extension; general provisions apply to area sources that become major. Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for CAA section 112(f). Must notify if commenced construction or reconstruction after proposal. Yes. Area sources that become major must comply with major source and standards immediately upon becoming major, regardless of whether required to comply when they were an area source. Yes. § 63.4 ........................... § 63.5 ........................... § 63.6(a) ....................... khammond on DSKJM1Z7X2PROD with RULES2 40019 § 63.6(b)(1) through (4) Compliance Dates for New and Reconstructed sources. § 63.6(b)(5) .................. Notification .................. § 63.6(b)(6) .................. § 63.6(b)(7) .................. [Reserved]. Compliance Dates for New and Reconstructed Area Sources That Become Major. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 Yes. Yes. Yes. Yes. Yes. E:\FR\FM\02JYR2.SGM 02JYR2 40020 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations Subject Brief description § 63.6(c)(1) and (2) ...... Compliance Dates for Existing Sources. Comply according to date in subpart, which must be no later than 3 years after effective date; for CAA section 112(f) standards, comply within 90 days of effective date unless compliance extension. Yes. § 63.6(c)(3) and (4) ...... § 63.6(c)(5) .................. [Reserved]. Compliance Dates for Existing Area Sources That Become Major. [Reserved] General Duty to Minimize Emissions. Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (e.g., 3 years). Yes. You must operate and maintain affected source in a manner consistent with safety and good air pollution control practices for minimizing emissions. No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b) for general duty requirement. No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. Yes. § 63.6(d) ....................... § 63.6(e)(1)(i) ............... § 63.6(e)(1)(ii) .............. Requirement to Correct Malfunctions ASAP. § 63.6(e)(1)(iii) ............. Operation and Mainte- Operation and maintenance requirements are nance Requirements. enforceable independent of emissions limitations or other requirements in relevant standards. [Reserved]. SSM Plan ................... Requirement for SSM and SSM plan; content of SSM plan. § 63.6(e)(2) .................. § 63.6(e)(3) .................. § 63.6(f)(1) ................... SSM Exemption ......... § 63.6(f)(2) and (3) ...... Methods for Determining Compliance/ Finding of Compliance. Alternative Standard ... SSM Exemption ......... § 63.6(g)(1) through (3) § 63.6(h)(1) .................. § 63.6(h)(2) through (9) § 63.6(i)(1) through (16) § 63.6(j) ........................ § 63.7(a)(1) and (2) ..... Opacity and Visible Emission (VE) Standards. Compliance Extension Presidential Compliance Exemption. Performance Test Dates. § 63.7(a)(3) .................. Section 114 Authority § 63.7(b)(1) .................. Notification of Performance Test. Notification of Rescheduling. § 63.7(b)(2) .................. khammond on DSKJM1Z7X2PROD with RULES2 Applies to Subpart UUUU Citation § 63.7(c) ....................... Quality Assurance and Test Plan. § 63.7(d) ....................... § 63.7(e)(1) .................. Testing Facilities ........ Performance Testing .. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 You must correct malfunctions as soon as practicable after their occurrence. You must comply with emission standards at all times except during SSM. Compliance based on performance test, operation and maintenance plans, records, inspection. Procedures for getting an alternative standard You must comply with opacity and visible emission standards at all times except during SSM. Requirements for opacity and visible emission limits. Procedures and criteria for Administrator to grant compliance extension. President may exempt source category from requirement to comply with subpart. Dates for conducting initial performance test; testing and other compliance demonstrations; must conduct 180 days after first subject to subpart. Administrator may require a performance test under CAA section 114 at any time. Must notify Administrator 60 days before the test. If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled test. Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing. Requirements for testing facilities ................... Performance tests must be conducted under representative conditions; cannot conduct performance tests during SSM; not a violation to exceed standard during SSM. Frm 00042 Fmt 4701 Sfmt 4700 No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). No, see 40 CFR 63.5515(a). Yes. Yes. No, see CFR 63.5515(a). Yes, but only for flares for which EPA Method 22 observations are required under § 63.11(b). Yes. Yes. Yes. Yes. Yes. Yes. No. Yes. No, see § 63.5535 and Table 4. E:\FR\FM\02JYR2.SGM 02JYR2 40021 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations Subject Brief description § 63.7(e)(2) .................. Conditions for Conducting Performance Tests. Test Run Duration ...... Must conduct according to this subpart and EPA test methods unless Administrator approves alternative. Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; conditions when data from an additional test run can be used. Procedures by which Administrator can grant approval to use an alternative test method. Must include raw data in performance test report; must submit performance test data 60 days after end of test with the Notification of Compliance Status Report; keep data for 5 years. Procedures for Administrator to waive performance test. Subject to all monitoring requirements in standard. Performance specifications in appendix B of 40 CFR part 60 apply. Yes. Unless your subpart says otherwise, the requirements for flares in § 63.11 apply. Must conduct monitoring according to standard unless Administrator approves alternative. Specific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup. Maintain monitoring system in a manner consistent with good air pollution control practices. Yes. § 63.7(e)(3) .................. § 63.7(f) ........................ § 63.7(g) ....................... Alternative Test Method. Performance Test Data Analysis. § 63.7(h) ....................... Waiver of Tests .......... § 63.8(a)(1) .................. § 63.8(a)(3) .................. § 63.8(a)(4) .................. Applicability of Monitoring Requirements. Performance Specifications. [Reserved]. Monitoring with Flares § 63.8(b)(1) .................. Monitoring ................... § 63.8(b)(2) and (3) ..... Multiple Effluents and Multiple Monitoring Systems. § 63.8(c)(1) and (c)(1)(i). General Duty to Minimize Emissions and CMS Operation. § 63.8(c)(1)(ii) .............. Parts for Routine Repairs. Requirements to develop SSM Plan for CMS. Keep parts for routine repairs readily available. Develop a written SSM plan for CMS ............ § 63.8(c)(2) and (3) ...... Monitoring System Installation. § 63.8(c)(4) .................. CMS Requirements .... § 63.8(c)(4)(i) and (ii) ... CMS Requirements .... § 63.8(c)(5) .................. § 63.8(c)(6) .................. COMS Minimum Procedures. CMS Requirements .... Must install to get representative emission of parameter measurements; must verify operational status before or at performance test. CMS must be operating except during breakdown, out-of control, repair, maintenance, and high-level calibration drifts. Continuous opacity monitoring systems (COMS) must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period; CEMS must have a minimum of one cycle of operation for each successive 15-minute period. COMS minimum procedures .......................... § 63.8(c)(7) and (8) ...... CMS Requirements .... § 63.8(a)(2) .................. § 63.8(c)(1)(iii) .............. khammond on DSKJM1Z7X2PROD with RULES2 Applies to Subpart UUUU Citation VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Zero and high level calibration check requirements; out-of-control periods. Out-of-control periods, including reporting ..... Frm 00043 Fmt 4701 Sfmt 4700 Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b). Yes. No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). Yes. No. Replaced with language in § 63.5560. Yes, except that § 63.8(c)(4)(i) does not apply because subpart UUUU does not require COMS. No. Subpart UUUU does not require COMS. No. Replaced with language in § 63.5545. No. Replaced § 63.5580(c)(6). E:\FR\FM\02JYR2.SGM 02JYR2 with language in 40022 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations Subject Brief description § 63.8(d) ....................... CMS Quality Control .. § 63.8(e) ....................... CMS Performance Evaluation. Requirements for CMS quality control, including calibration, etc.; must keep quality control plan on record for 5 years; keep old versions for 5 years after revisions; program of correction action to be included in plan required under § 63.8(d)(2). Notification, performance evaluation test plan, reports. § 63.8(f)(1) through (5) Alternative Monitoring Method. Procedures for Administrator to approve alternative monitoring. § 63.8(f)(6) ................... § 63.8(g)(1) through (4) Alternative to Relative Accuracy Test. Data Reduction .......... § 63.8(g)(5) .................. Data Reduction .......... § 63.9(a) ....................... Notification Requirements. Initial Notifications ...... Procedures for Administrator to approve alternative relative accuracy tests for CEMS. COMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1-hour averages computed over at least four equally spaced data points; data that cannot be used in average. Data that cannot be used in computing averages for CEMS and COMS. Applicability and State delegation ................... § 63.9(b)(1) through (5) § 63.9(c) ....................... § 63.9(d) ....................... § 63.9(e) ....................... § 63.9(f) ........................ khammond on DSKJM1Z7X2PROD with RULES2 Applies to Subpart UUUU Citation Request for Compliance Extension. Notification of Special Compliance Requirements for New Source. Notification of Performance Test. Notification of VE or Opacity Test. § 63.9(g) ....................... Additional Notifications When Using CMS. § 63.9(h)(1) through (6) Notification of Compliance Status Report. § 63.9(i) ........................ Adjustment of Submittal Deadlines. § 63.9(j) ........................ Change in Previous Information. § 63.10(a) ..................... Recordkeeping and Reporting. § 63.10(b)(1) ................ Recordkeeping and Reporting. Recordkeeping of Occurrence and Duration of Startups and Shutdowns. § 63.10(b)(2)(i) ............. VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 No, except for requirements in § 63.8(d)(2). Yes, except that § 63.8(e)(5)(ii) does not apply because subpart UUUU does not require COMS. Yes, except that no site-specific test plan is required. The request to use an alternative monitoring method must be submitted with the notification of performance test or CEMS performance evaluation or 60 days prior to any initial compliance demonstration. Yes. No. Replaced with language in § 63.5545(e). No. Replaced with language in § 63.5560(b). Yes. Submit notification subject 120 days after effective date; notification of intent to construct or reconstruct; notification of commencement of construction or reconstruction; notification of startup; contents of each. Can request if cannot comply by date or if installed BACT/LAER. For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date. Yes. Notify Administrator 60 days prior .................. Yes. Notify Administrator 30 days prior .................. Yes, but only for flares for which EPA Method 22 observations are required as part of a flare compliance assessment. Yes, except that § 63.9(g)(2) does not apply because subpart UUUU does not require COMS. Yes, except that Table 7 to this subpart specifies the submittal date for the notification. The contents of the notification will also include the results of EPA Method 22 observations required as part of a flare compliance assessment. Yes. Notification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracy. Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity or VE, which are due 30 days after; when to submit to federal vs. state authority. Procedures for Administrator to approve change in when notifications must be submitted. Must submit within 15 days after the change Applies to all, unless compliance extension; when to submit to federal vs. state authority; procedures for owners of more than one source. General requirements; keep all records readily available; keep for 5 years. Records of occurrence and duration of each startup or shutdown that causes source to exceed emission limitation. Frm 00044 Fmt 4701 Sfmt 4700 Yes. Yes. Yes, except that the notification must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart. Yes. Yes. No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019.For all other affected sources, Yes before December 29, 2020, and No thereafter. E:\FR\FM\02JYR2.SGM 02JYR2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations Citation Subject Brief description Applies to Subpart UUUU § 63.10(b)(2)(ii) ............ Recordkeeping of Failures to Meet a Standard. Records of occurrence and duration of each malfunction of operation or air pollution control and monitoring equipment. § 63.10(b)(2)(iii) ........... Maintenance Records § 63.10(b)(2)(iv) and (v) Actions Taken to Minimize Emissions During SSM. Records of maintenance performed on air pollution control and monitoring equipment. Records of actions taken during SSM to minimize emissions. No, see Table 9 for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. Yes. § 63.10(b)(2)(vi), (x), and (xi). § 63.10(b)(2)(vii) through (ix). CMS Records ............. § 63.10(b)(2)(xii) .......... § 63.10(b)(2)(xiii) .......... Records ...................... Records ...................... § 63.10(b)(2)(xiv) ......... Records ...................... § 63.10(b)(3) ................ § 63.10(c)(1) through (6), (9) through (14). § 63.10(c)(7) and (8) .... Records ...................... Records ...................... § 63.10(c)(15) .............. Use of SSM Plan ....... § 63.10(d)(1) ................ General Reporting Requirements. Report of Performance Test Results. Requirement to report ..................................... § 63.10(d)(3) ................ Reporting Opacity or VE Observations. What to report and when ................................ § 63.10(d)(4) ................ Progress Reports ....... § 63.10(d)(5)(i) ............. Periodic SSM Reports Must submit progress reports on schedule if under compliance extension. Contents and submission of periodic SSM reports. § 63.10(d)(5)(ii) ............ Immediate SSM Reports. Contents and submission of immediate SSM reports. § 63.10(e)(1) and (2) ... Additional CMS Reports. § 63.10(e)(3)(i) through (iii). Reports ....................... Must report results for each CEMS on a unit; written copy of performance evaluation; three copies of COMS performance evaluation. Schedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations). § 63.10(d)(2) ................ khammond on DSKJM1Z7X2PROD with RULES2 40023 VerDate Sep<11>2014 Records ...................... Records ...................... 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Malfunctions, inoperative, out-of-control; calibration checks, adjustments, maintenance. Measurements to demonstrate compliance with emission limits; performance test, performance evaluation, and opacity/VE observation results; measurements to determine conditions of performance tests and performance evaluations. Records when under waiver ........................... Records when using alternative to relative accuracy test. All documentation supporting Initial Notification and Notification of Compliance Status Report. Applicability determinations ............................ Additional records for CMS ............................. Records of excess emissions and parameter monitoring exceedances for CMS. Use SSM plan to satisfy recordkeeping requirements for identification of malfunction, correction action taken, and nature of repairs to CMS. When to submit to federal or state authority .. Frm 00045 Fmt 4701 Sfmt 4700 No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. Yes. Yes, including results of EPA Method 22 observations required as part of a flare compliance assessment. Yes. Yes. Yes. Yes. Yes. No. Replaced with language in Table 9 to this subpart. No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). Yes. Yes, except that Table 7 to this subpart specifies the submittal date for the Notification of Compliance Status Report. Yes, but only for flares for which EPA Method 22 observations are required as part of a flare compliance assessment. Yes. No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See § 63.5580(c)(4) and Table 8 for malfunction reporting requirements. No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 29, 2020, except that the immediate SSM report must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart, and No thereafter. Yes, except that § 63.10(e)(2)(ii) does not apply because subpart UUUU does not require COMS. No. Replaced with language in § 63.5580. E:\FR\FM\02JYR2.SGM 02JYR2 40024 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations Applies to Subpart UUUU Citation Subject Brief description § 63.10(e)(3)(iv) ........... Excess Emissions Reports. No. Replaced with language in § 63.5580. § 63.10(e)(3)(v) ............ Excess Emissions Reports. § 63.10(e)(3)(vi) through (viii). Excess Emissions Report and Summary Report. § 63.10(e)(4) ................ Reporting COMS Data § 63.10(f) ...................... Waiver for Recordkeeping or Reporting. Control and Work Practice Requirements. State Authority and Delegations. Addresses .................. Requirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedance (now defined as deviations); provision to request semiannual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; if there has not been an exceedance or excess emission (now defined as deviations), report contents is a statement that there have been no deviations. Must submit report containing all of the information in § 63.10(c)(5) through (13), § 63.8(c)(7) and (8). Requirements for reporting excess emissions for CMS (now called deviations); requires all of the information in § 63.10(c)(5) through (13), § 63.8(c)(7) and (8). Must submit COMS data with performance test data. Procedures for Administrator to waive ........... Requirements for flares and alternative work practice for equipment leaks. Yes. State authority to enforce standards .............. Yes. Addresses where reports, notifications, and requests are sent. Test methods incorporated by reference ........ Yes. Public and confidential information ................. Yes. Requirements for Performance Track member facilities. Yes. § 63.11 ......................... § 63.12 ......................... § 63.13 ......................... § 63.14 ......................... § 63.15 ......................... § 63.16 ......................... Incorporations by Reference. Availability of Information and Confidentiality. Performance Track Provisions. No. Replaced with language in § 63.5580. No. Replaced with language in § 63.5580. No. Subpart UUUU does not require COMS. Yes. Yes. [FR Doc. 2020–05901 Filed 7–1–20; 8:45 am] khammond on DSKJM1Z7X2PROD with RULES2 BILLING CODE 6560–50–P VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4701 Sfmt 9990 E:\FR\FM\02JYR2.SGM 02JYR2

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Rules and Regulations]
[Pages 39980-40024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05901]



[[Page 39979]]

Vol. 85

Thursday,

No. 128

July 2, 2020

Part II





Environmental Protection Agency





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40 CFR Part 63





National Emission Standards for Hazardous Air Pollutants: Cellulose 
Products Manufacturing Residual Risk and Technology Review; Final Rule

Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules 
and Regulations

[[Page 39980]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2018-0415; FRL-10006-76-OAR]
RIN 2060-AU23


National Emission Standards for Hazardous Air Pollutants: 
Cellulose Products Manufacturing Residual Risk and Technology Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes the residual risk and technology review 
(RTR) conducted for the Miscellaneous Viscose Processes and Cellulose 
Ether Production source categories regulated under the National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for Cellulose 
Products Manufacturing. The EPA is finalizing the proposed 
determination that the risks from both source categories are acceptable 
and that the current NESHAP provides an ample margin of safety to 
protect public health. The EPA identified no new cost-effective 
controls under the technology review to achieve further emissions 
reductions. These final amendments address emissions during startup, 
shutdown, and malfunction (SSM) events; add electronic reporting 
requirements; add provisions for periodic emissions performance testing 
for facilities using non-recovery control devices; add a provision 
allowing more flexibility for monitoring of biofilter control devices; 
and make technical and editorial changes. Although these amendments are 
not expected to reduce emissions of hazardous air pollutants (HAP), 
they will improve monitoring, compliance, and implementation of the 
rule.

DATES: This final rule is effective on July 2, 2020. The incorporation 
by reference (IBR) of certain publications listed in the rule is 
approved by the Director of the Federal Register as of July 2, 2020.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has 
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2018-0415. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not 
publicly available, e.g., Confidential Business Information or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
https://www.regulations.gov/, or in hard copy at the EPA Docket Center, 
WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, 
Washington, DC. The Public Reading Room hours of operation are 8:30 
a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Dr. Kelley Spence, Sector Policies and Programs Division (E143-
03), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-3158; fax number: (919) 541-0516; and email 
address: [email protected]. For specific information regarding the 
risk modeling methodology, contact Mr. James Hirtz, Health and 
Environmental Impacts Division (C539-02), Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711; telephone number: (919) 541-0881; 
fax number: (919) 541-0840; and email address: [email protected]. For 
information about the applicability of the NESHAP to a particular 
entity, contact Ms. Maria Malave, Office of Enforcement and Compliance 
Assurance (2227A), U.S. Environmental Protection Agency, WJC South 
Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: (202) 564-7027; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

%R percent recovery
ASTM American Society for Testing and Materials
CAA Clean Air Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CEMS continuous emission monitoring system
CEP Cellulose Ethers Production
CFR Code of Federal Regulations
CMC carboxymethyl cellulose
CPMS continuous parameter monitoring system
CS2 carbon disulfide
EPA Environmental Protection Agency
ERPG Emergency Response Planning Guideline
FTIR Fourier Transform Infrared
H2S hydrogen sulfide
HAP hazardous air pollutants(s)
HCl hydrochloric acid
HEC hydroxyethyl cellulose
HI hazard index
IBR incorporation by reference
ICR information collection request
km kilometers
km\2\ square kilometers
lbs/yr pounds per year
MACT maximum achievable control technology
MC methyl cellulose
mg/kg-day milligrams per kilogram per day
MIR maximum individual risk
MVP Miscellaneous Viscose Processes
NAAQS National Ambient Air Quality Standards
NAICS North American Industry Classification System
NaOH sodium hydroxide
NESHAP national emission standards for hazardous air pollutants
ng/dscm nanograms per dry standard cubic meter
NRDC National Resources Defense Council
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PB-HAP hazardous air pollutants known to be persistent and bio-
accumulative in the environment
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
RTR residual risk and technology review
SSM startup, shutdown, and malfunction
TOSHI target organ-specific hazard index
the Court the United States Court of Appeals for the District of 
Columbia Circuit
tpy tons per year
UMRA Unfunded Mandates Reform Act
VCS voluntary consensus standards
VOC volatile organic compounds

    Background information. The EPA is finalizing the September 9, 
2019, proposed determinations regarding the Cellulose Products 
Manufacturing NESHAP RTR and the proposed revisions to this NESHAP to 
address emissions during SSM events and to improve monitoring, 
compliance, and implementation. We summarize some of the more 
significant comments received regarding the proposed rule and provide 
our responses in this preamble. A summary of the public comments on the 
proposal not discussed in this preamble and the EPA's responses to 
those comments is available in the memorandum titled National Emissions 
Standards for Hazardous Air Pollutants: Cellulose Products 
Manufacturing (40 CFR part 63, subpart UUUU) Residual Risk and 
Technology Review, Final Amendments--Response to Public Comments on 
September 9, 2019 Proposal, Docket ID No. EPA-HQ-OAR-2018-0415. A 
``track changes''

[[Page 39981]]

version of the regulatory language that incorporates the changes in 
this action is available in the docket.
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority for this action?
    B. What is the source category and how does the NESHAP regulate 
HAP emissions from the source category?
    C. What changes did we propose for the Cellulose Products 
Manufacturing NESHAP in our September 9, 2019, proposal?
III. What is included in this final rule?
    A. What are the final rule amendments based on the risk review 
for the source category?
    B. What are the final rule amendments based on the technology 
review for the source category?
    C. What are the final rule amendments addressing emissions 
during periods of SSM?
    D. What other changes have been made to the NESHAP?
    E. What are the effective and compliance dates of the standards?
IV. What is the rationale for our final decisions and amendments for 
the source category?
    A. Residual Risk Review
    B. Technology Review
    C. Removal of the SSM Exemption
    D. Five-Year Periodic Emissions Testing
    E. Electronic Reporting
    F. Changes to the Monitoring Requirements for Biofilter Control 
Devices
    G. IBR Under 1 CFR Part 51 for the Cellulose Products 
Manufacturing NESHAP
    H. Technical and Editorial Changes for the Cellulose Products 
Manufacturing NESHAP
V. Summary of Cost, Environmental, and Economic Impacts and 
Additional Analyses Conducted
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
    G. What analysis of children's environmental health did we 
conduct?
VI. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    K. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

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

                 Table 1--NESHAP and Industrial Source Categories Affected by This Final Action
----------------------------------------------------------------------------------------------------------------
          Source category                   NESHAP                             NAICS code \1\
----------------------------------------------------------------------------------------------------------------
Miscellaneous Viscose Processes...  Cellulose Products     325211, 325220, 326121, 326199.
                                     Manufacturing.
Cellulose Ethers Production.......  Cellulose Products     325199.
                                     Manufacturing.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

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

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

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the internet. Following 
signature by the EPA Administrator, the EPA will post a copy of this 
final action at: https://www.epa.gov/stationary-sources-air-pollution/cellulose-products-manufacturing-national-emission-standards. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version at this same website.
    Additional information is available on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous. This information 
includes an overview of the RTR program and links to project websites 
for the RTR source categories.

C. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
(the Court) by August 31, 2020. Under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce the requirements. Section 307(d)(7)(B) of the CAA further 
provides that only an objection to a rule or procedure which was raised 
with reasonable specificity during the period for public comment 
(including any public hearing) may be raised during judicial review. 
This section also provides a mechanism for the EPA to reconsider the 
rule if the person raising an objection can demonstrate to the 
Administrator that it was impracticable to raise such objection within 
the period for public comment or if the grounds for such objection 
arose after the period for public comment (but within the time 
specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule. Any person seeking to make such a 
demonstration should submit a Petition for Reconsideration to the 
Office of the Administrator, U.S. EPA, Room 3000, WJC South Building, 
1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both 
the person(s) listed in the preceding FOR FURTHER INFORMATION

[[Page 39982]]

CONTACT section, and the Associate General Counsel for the Air and 
Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. 
EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

II. Background

A. What is the statutory authority for this action?

    Section 112 of the CAA establishes a two-stage regulatory process 
to address emissions of HAP from stationary sources. In the first 
stage, the EPA must identify categories of sources emitting one or more 
of the HAP listed in CAA section 112(b) and then promulgate technology-
based NESHAP for those sources. ``Major sources'' are those that emit, 
or have the potential to emit, any single HAP at a rate of 10 tons per 
year (tpy) or more, or 25 tpy or more of any combination of HAP. For 
major sources, these standards are commonly referred to as maximum 
achievable control technology (MACT) standards and must reflect the 
maximum degree of emission reductions of HAP achievable (after 
considering cost, energy requirements, and non-air quality health and 
environmental impacts). In developing MACT standards, CAA section 
112(d)(2) directs the EPA to consider the application of measures, 
processes, methods, systems, or techniques, including, but not limited 
to, those that reduce the volume of or eliminate HAP emissions through 
process changes, substitution of materials, or other modifications; 
enclose systems or processes to eliminate emissions; collect, capture, 
or treat HAP when released from a process, stack, storage, or fugitive 
emissions point; are design, equipment, work practice, or operational 
standards; or any combination of the above.
    For these MACT standards, the statute specifies certain minimum 
stringency requirements, which are referred to as MACT floor 
requirements, and which may not be based on cost considerations. See 
CAA section 112(d)(3). For new sources, the MACT floor cannot be less 
stringent than the emission control achieved in practice by the best-
controlled similar source. The MACT standards for existing sources can 
be less stringent than floors for new sources, but they cannot be less 
stringent than the average emission limitation achieved by the best-
performing 12 percent of existing sources in the category or 
subcategory (or the best-performing five sources for categories or 
subcategories with fewer than 30 sources). In developing MACT 
standards, the EPA must also consider control options that are more 
stringent than the floor under CAA section 112(d)(2). The Agency may 
establish standards more stringent than the floor based on the 
consideration of the cost of achieving the emissions reductions, any 
non-air quality health and environmental impacts, and energy 
requirements.
    In the second stage of the regulatory process, the CAA requires the 
EPA to undertake two different analyses, which we refer to as the 
technology review and the residual risk review. Under the technology 
review, the EPA must review the technology-based standards and revise 
them ``as necessary (taking into account developments in practices, 
processes, and control technologies)'' no less frequently than every 8 
years, pursuant to CAA section 112(d)(6). Under the residual risk 
review, the EPA must evaluate the risk to public health remaining after 
application of the technology-based standards and revise the standards, 
if necessary, to provide an ample margin of safety to protect public 
health or to prevent, taking into consideration costs, energy, safety, 
and other relevant factors, an adverse environmental effect. The 
residual risk review is required within 8 years after promulgation of 
the technology-based standards, pursuant to CAA section 112(f). In 
conducting the residual risk review, if the EPA determines that the 
current standards provide an ample margin of safety to protect public 
health, it is not necessary to revise the MACT standards pursuant to 
CAA section 112(f).\1\ For more information on the statutory authority 
for this rule, see 84 FR 47348, September 9, 2019.
---------------------------------------------------------------------------

    \1\ The Court has affirmed this approach of implementing CAA 
section 112(f)(2)(A): NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 
2008) (``If EPA determines that the existing technology-based 
standards provide an `ample margin of safety,' then the Agency is 
free to readopt those standards during the residual risk 
rulemaking.'').
---------------------------------------------------------------------------

B. What is the source category and how does the NESHAP regulate HAP 
emissions from the source category?

    The EPA promulgated the Cellulose Products Manufacturing NESHAP on 
June 11, 2002 (67 FR 40044). The standards are codified at 40 CFR part 
63, subpart UUUU. The cellulose products manufacturing industry 
includes the Miscellaneous Viscose Processes (MVP) source category and 
the Cellulose Ethers Production (CEP) source category. The sections 
below provide details on each source category and how the NESHAP 
regulates the HAP emissions from each source category.
1. Miscellaneous Viscose Processes
    The MVP source category includes any facility engaged in the 
production of cellulose food casings, rayon, cellophane, or cellulosic 
sponges, which includes the following process steps: Production of 
alkali cellulose from cellulose and sodium hydroxide (NaOH); production 
of sodium cellulose xanthate from alkali cellulose and carbon disulfide 
(CS2) (xanthation); production of viscose from sodium 
cellulose xanthate and NaOH solution; regeneration of liquid viscose 
into solid cellulose; \2\ and washing of the solid cellulose product 
(see 65 FR 52171-2, August 28, 2000).
---------------------------------------------------------------------------

    \2\ The MVP operations use different methods and equipment to 
complete the regeneration step. Cellulose food casing operations 
extrude viscose through a die, forming a tube, while rayon 
operations extrude viscose through spinnerets, forming thin strands. 
Cellophane operations extrude viscose through a long slit, forming a 
flat sheet, while cellulosic sponge operations feed a mixture of 
viscose and Glauber's salt into a sponge mold.
---------------------------------------------------------------------------

    There are currently five MVP facilities in operation in the United 
States. While the NESHAP includes standards for rayon manufacturing, 
all rayon plants in the U.S. have shut down since promulgation of the 
original rule.
    The Cellulose Products Manufacturing NESHAP includes emission 
limits, operating limits, and work practice standards for MVP emission 
sources. MVP operations are required to reduce the total sulfide 
emissions from their process vents and control the CS2 
emissions from their CS2 unloading and storage operations. 
Cellophane operations are required to reduce the toluene emissions from 
their solvent coating operations and toluene storage vessels. 
Additionally, MVP operations must comply with work practice standards 
for closed-vent systems and heat exchanger systems. The NESHAP also 
includes various operating limits, initial performance tests, ongoing 
monitoring using continuous parameter monitoring systems (CPMS) and 
continuous emissions monitoring systems (CEMS), recordkeeping, and 
reporting. The rule was amended in June 2005 (70 FR 36524) to correct 
the definition for ``viscose process change'' under 40 CFR 63.5610.
2. Cellulose Ethers Production
    The CEP source category includes any facility engaged in the 
production of carboxymethyl cellulose (CMC), hydroxyethyl cellulose 
(HEC), hydroxypropyl cellulose (HPC), methyl cellulose (MC), or 
hydroxypropyl methyl cellulose (HPMC), which

[[Page 39983]]

includes the following process steps: Production of alkali cellulose 
from cellulose and NaOH; reaction of the alkali cellulose with one or 
more organic chemicals to produce a cellulose ether product; \3\ 
washing and purification of the cellulose ether product; and drying of 
the cellulose ether product (see 65 FR 52171; August 28, 2000).
---------------------------------------------------------------------------

    \3\ To produce CMC, HEC, HPC, MC, and HPMC, alkali cellulose is 
reacted with chloroacetic acid, ethylene oxide, propylene oxide, 
methyl chloride, and a combination of methyl chloride and propylene 
oxide, respectively.
---------------------------------------------------------------------------

    There are currently three CEP facilities in operation in the United 
States. The Cellulose Products Manufacturing NESHAP includes emission 
limits, operating limits, and work practice standards for CEP emission 
sources. CEP operations are required to control the HAP emissions from 
their process vents, wastewater, equipment leaks, and liquid streams in 
open systems. Additionally, CEP operations must comply with work 
practice standards for closed-vent systems and heat exchanger systems. 
The NESHAP also includes various operating limits, initial performance 
tests, ongoing monitoring using CPMS and CEMS, recordkeeping, and 
reporting. The rule was amended in June 2005 (70 FR 36524) to correct 
the definition for ``cellulose ether process change'' under 40 CFR 
63.5610.

C. What changes did we propose for the Cellulose Products Manufacturing 
NESHAP in our September 9, 2019, proposal?

    On September 9, 2019, the EPA published a proposed rule in the 
Federal Register for the Cellulose Products Manufacturing NESHAP, 40 
CFR part 63, subpart UUUU, that presented the results of the RTR 
analyses, proposed RTR determinations, and several proposed rule 
changes. Based on our RTR analyses, the EPA proposed to determine that 
the risks from the source categories covered by the Cellulose Products 
Manufacturing NESHAP are acceptable, that the current NESHAP provides 
an ample margin of safety to protect public health, and that no new 
cost-effective controls are available that would achieve further 
emissions reductions.
    The proposed rule changes included the following:
     Amendments to the SSM provisions;
     new periodic air emissions performance testing for 
facilities that use non-recovery control devices;
     new reporting provisions requiring affected sources to 
electronically submit compliance notifications, semiannual reports and 
performance test reports using the EPA's Compliance and Emissions Data 
Reporting Interface (CEDRI);
     amendments to the operating limits and compliance 
requirements in 40 CFR 63.5535(i)(7) to allow facilities the 
flexibility to monitor conductivity as an alternative to pH monitoring 
for determining compliance of biofilter control devices;
     revision of the requirements in 40 CFR 63.5505 to clarify 
that CS2 storage tanks that are part of a submerged 
unloading and storage operation subject to 40 CFR part 63, subpart 
UUUU, is not subject to 40 CFR part 60, subpart Kb;
     revision of the performance test requirements in 40 CFR 
63.5535(b) and 40 CFR 63.5535(c) to specify the conditions for 
conducting performance tests;
     revisions to Table 4 to Subpart UUUU of Part 63 to correct 
an error in the reference to a test method appendix;
     revisions to the performance test requirements in Table 4 
to Subpart UUUU of Part 63 to add IBR for ASTM D6420-99 (Reapproved 
2010), ASTM D5790-95 (Reapproved 2012), and ASTM D6348-12e1;
     revision to the reporting requirements in 40 CFR 63.5580 
and the reporting and recordkeeping requirements in Tables 8 and 9 to 
Subpart UUUU of Part 63 to include the requirements to record and 
report information on failures to meet the applicable standard and the 
corrective actions taken; and
     revisions to the General Provisions applicability table 
(Table 10 to Subpart UUUU of Part 63) to align with those sections of 
the General Provisions that have been amended or reserved over time.

III. What is included in this final rule?

    This action finalizes the EPA's determinations pursuant to the RTR 
provisions of CAA section 112 for the MVP and the CEP source 
categories. This action also finalizes changes to the Cellulose 
Products Manufacturing NESHAP, including removal of the SSM exemption, 
addition of electronic reporting, addition of periodic emissions 
performance testing, amendments allowing more flexibility for 
monitoring of biofilter control devices, and other clarifications and 
corrections.

A. What are the final rule amendments based on the risk review for the 
source category?

1. Miscellaneous Viscose Processes
    The EPA is finalizing its proposed finding that risk due to 
emissions of air toxics from this source category is acceptable, and is 
finalizing its proposed determination that the current NESHAP provides 
an ample margin of safety to protect public health and prevent an 
adverse environmental effect. Based on these determinations, we are not 
finalizing any revisions to the Cellulose Products Manufacturing NESHAP 
based on the analyses conducted under CAA section 112(f) for the MVP 
source category, and we are readopting the standards.
2. Cellulose Ethers Production
    The EPA is finalizing its proposed finding that risk due to 
emissions of air toxics from this source category is acceptable, and is 
finalizing its proposed determination that the current NESHAP provides 
an ample margin of safety to protect public health and prevent an 
adverse environmental effect. Based on these determinations, we are not 
finalizing any revisions to the Cellulose Products Manufacturing NESHAP 
based on the analyses conducted under CAA section 112(f) for the CEP 
source category, and we are readopting the standards.

B. What are the final rule amendments based on the technology review 
for the source category?

1. Miscellaneous Viscose Processes
    The EPA is finalizing its proposed determination that there are no 
developments in practices, processes, and control technologies that 
warrant revisions to the MACT standards for this source category. 
Therefore, we are not finalizing any revisions to the MACT standards 
under CAA section 112(d)(6).
2. Cellulose Ethers Production
    The EPA is finalizing its proposed determination that there are no 
developments in practices, processes, and control technologies that 
warrant revisions to the MACT standards for this source category. 
Therefore, we are not finalizing any revisions to the MACT standards 
under CAA section 112(d)(6).

C. What are the final rule amendments addressing emissions during 
periods of SSM?

    The EPA is finalizing the proposed amendments to the Cellulose 
Products Manufacturing NESHAP to remove and revise provisions related 
to SSM. In its 2008 decision in Sierra Club v. EPA, 551

[[Page 39984]]

F.3d 1019 (D.C. Cir. 2008), the Court vacated portions of two 
provisions in the EPA's CAA section 112 regulations governing the 
emissions of HAP during periods of SSM. Specifically, the Court vacated 
the SSM exemption contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), 
holding that under section 302(k) of the CAA, emissions standards or 
limitations must be continuous in nature and that the SSM exemption 
violates the CAA's requirement that some CAA section 112 standards 
apply continuously. As detailed in section IV.D of the preamble to the 
proposed rule (84 FR 47366, September 9, 2019), the EPA proposed to 
eliminate the SSM exemption in 40 CFR 63.5515(a) so that the Cellulose 
Products Manufacturing NESHAP would apply at all times (see 40 CFR 
63.5515(a)), including during SSM events, consistent with the Court 
decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008). In 
addition to proposing that the SSM exemption be eliminated, we proposed 
to remove the requirement for sources to develop and maintain an SSM 
plan, as well as certain recordkeeping and reporting provisions related 
to the SSM exemption.
    The EPA is finalizing the proposed revision of 40 CFR 63.5515(a) to 
eliminate the SSM exemption. The EPA is also finalizing the removal of 
the SSM exemption in 40 CFR 63.5555(d) that states deviations that 
occur during SSM events are not violations if a facility meets the 
general duty requirements. In addition, we are updating the references 
in Table 10 to Subpart UUUU of Part 63--Applicability of General 
Provisions to Subpart UUUU, including the references to 40 CFR 
63.6(f)(1) and (h)(1)--the provisions vacated by Sierra Club v. EPA. 
Consistent with that decision, the standards in this rule will now 
apply at all times. We are also revising Table 10 to Subpart UUUU of 
Part 63 to change several references related to requirements that apply 
during periods of SSM. For example, we are eliminating the 
incorporation of the General Provisions' requirement that sources 
develop an SSM plan. We also are eliminating and revising certain 
recordkeeping and reporting requirements related to the SSM exemption.
    The EPA did not propose separate standards for malfunctions. As 
discussed in section IV.D.1 of the September 9, 2019 proposal preamble, 
the EPA interprets CAA section 112 as not requiring emissions that 
occur during periods of malfunction to be factored into development of 
CAA section 112 standards, although the EPA has the discretion to set 
standards for malfunctions where feasible. For the MVP source category 
and the CEP source category, it is unlikely that a malfunction would 
result in a violation of the standards. Facilities using thermal 
oxidizers as pollution control equipment indicated in the 2018 
information collection survey that interlocks shut down processes when 
an oxidizer malfunction occurs, and facilities may also have back-up 
oxidizers that could be used to treat the emissions. Refer to section 
IV.D.1 of the preamble to the proposed rule for further discussion of 
the EPA's rationale for the decision not to set standards for 
malfunctions, as well as a discussion of the actions a source could 
take in the unlikely event that a source fails to comply with the 
applicable CAA section 112(d) standards as a result of a malfunction 
event, given administrative and judicial procedures for addressing 
exceedances of the standards fully recognize that violations may occur 
despite good faith efforts to comply and can accommodate those 
situations.
    As is explained in more detail below, the EPA is finalizing 
revisions to the Table 10 to Subpart UUUU of Part 63--Applicability of 
General Provisions to Subpart UUUU, to eliminate requirements that 
include rule language providing an exemption for periods of SSM. 
Additionally, we are finalizing our proposal to eliminate language 
related to SSM that treats periods of startup and shutdown the same as 
periods of malfunction, as explained further below. Finally, we are 
finalizing our proposal to revise reporting and record keeping 
requirements as they relate to malfunctions, as further described 
below. As discussed in the proposal preamble, these revisions are 
consistent with the requirement in 40 CFR 63.5515(a) that the standards 
apply at all times. Refer to section IV.C of this preamble for a 
detailed discussion of these amendments.

D. What other changes have been made to the NESHAP?

    The EPA is finalizing new requirements for periodic emissions 
testing, electronic reporting, and biofilter effluent conductivity 
monitoring. The periodic emissions testing is part of an ongoing effort 
to improve compliance with various federal air emission regulations. 
The new provisions require facilities that use non-recovery control 
devices to conduct periodic air emissions performance testing, with the 
first of the periodic performance tests to be conducted within July 2, 
2023, and thereafter no longer than 5 years following the previous 
test. The periodic emissions tests will ensure control devices are 
properly maintained over time, thereby reducing the potential for acute 
emissions episodes.
    The electronic reporting provisions require owners and operators to 
submit all initial notifications, compliance notifications, performance 
test reports, performance evaluation reports, and semiannual reports 
electronically through the EPA's Central Data Exchange (CDX) using 
CEDRI. A description of the electronic data submission process is 
provided in the memorandum, Electronic Reporting Requirements for New 
Source Performance Standards (NSPS) and National Emission Standards for 
Hazardous Air Pollutants (NESHAP) Rules, available at Docket ID Item 
No. EPA-HQ-OAR-2018-0415-0058.
    The new biofilter effluent conductivity monitoring will allow 
owners and operators the flexibility to monitor either conductivity or 
pH to determine continuous compliance of biofilter control devices with 
the standards.
    In addition to these new requirements, we are also finalizing 
several technical and editorial corrections and incorporating by 
reference three test method standards, in accordance with the 
provisions of 1 CFR 51.5. For more information on these changes, see 84 
FR 47370-47371, September 9, 2019.

E. What are the effective and compliance dates of the standards?

    The revisions to the NESHAP being promulgated in this action are 
effective on July 2, 2020. For sources that commenced construction or 
reconstruction before the notice of proposed rulemaking was published 
on September 9, 2019, the deadline to comply with the amendments in 
this rulemaking is no later than 180 days after the effective date of 
the final rule. Affected sources that commenced construction or 
reconstruction after September 9, 2019, must comply with all of the 
requirements of the subpart, including the amendments, immediately upon 
the effective date of the standard, July 2, 2020, or upon startup, 
whichever is later.
    Through our work with other similar industries required to convert 
to electronic reporting, the EPA has found a period of 180 days is 
generally necessary to successfully install necessary hardware and 
software; become familiar with the process of submitting performance 
test results electronically through the EPA's CEDRI; test these new 
electronic submission capabilities; and reliably employ

[[Page 39985]]

electronic reporting. Our experience with similar industries has shown 
that facilities generally require a time period of 180 days to read and 
understand the amended rule requirements; evaluate their operations to 
ensure that they can meet the standards during SSM periods and make any 
necessary adjustments; adjust parameter monitoring and recording 
systems to accommodate revisions; and update their operations to 
reflect the revised requirements. Based on our assessment of the 
timeframe needed for facilities to comply with the amended rule, the 
EPA determined that a compliance date of within 180 days of the final 
rule's effective date was practicable. In the proposal, we solicited 
comment on whether the 180-day compliance period was reasonable and 
specifically requested sources provide information regarding the 
specific actions they would need to undertake to comply with the 
amended rule. We received no feedback on the proposed compliance 
deadlines. From our assessment of the timeframe needed for compliance 
with the entirety of the revised requirements, the EPA considers a 
period of 180 days to be the most expeditious compliance period 
practicable. Thus, all sources existing at the time the proposed 
rulemaking was published on September 9, 2019, must be in compliance 
with all of this regulation's revised requirements within 180 days of 
the regulation's effective date.
    The final rule also requires sources that use a non-recovery 
control device to comply with the standards to conduct periodic 
performance tests every 5 years. Each source that commenced 
construction or reconstruction on or before September 9, 2019, and uses 
a non-recovery control device to comply with the standards must conduct 
the first periodic performance test on or before July 3, 2020, and 
conduct subsequent periodic performance tests no later than 5 years 
thereafter following the previous performance test. For each new and 
reconstructed affected source that commences construction or 
reconstruction after September 9, 2019, and uses a non-recovery control 
device to comply with the standards, the owners and operators must 
conduct the first periodic performance test no later than 5 years 
following the initial performance test required by 40 CFR 63.5535 and 
conduct subsequent periodic performance tests no later than 5 years 
thereafter following the previous performance test. We determined that 
a compliance date of 3 years for the first periodic performance test 
for sources constructed or reconstructed on or before September 9, 
2019, was necessary to avoid scheduling issues that may arise as 
affected sources compete for a limited number of testing contractors.

IV. What is the rationale for our final decisions and amendments for 
the source category?

    For each issue, this section provides a description of what we 
proposed and what we are finalizing for the issue, the EPA's rationale 
for the final decisions and amendments, and a summary of key comments 
and responses. For all comments not discussed in this preamble, comment 
summaries and the EPA's responses can be found in the comment summary 
and response document available in the docket, Docket ID No. EPA-HQ-
OAR-2018-0415.

A. Residual Risk Review

1. Miscellaneous Viscose Processes
a. What did we propose pursuant to CAA section 112(f) for the source 
category?
    The EPA estimated risks based on actual and allowable emissions 
from MVP sources subject to the Cellulose Products Manufacturing 
NESHAP. For the MVP source category, we estimated the chronic baseline 
inhalation cancer risk to be less than 1-in-1 million, with the risk 
driver being acetaldehyde emissions from viscose process equipment. The 
total estimated cancer incidence from MVP emission sources based on 
actual and allowable emission levels is 0.000006 excess cancer cases 
per year, or one case in every 167,000 years. Emissions of acetaldehyde 
contributed 100 percent to this cancer incidence. Based on actual and 
allowable emissions, no people are exposed to cancer risks greater than 
or equal to 1-in-1 million. The maximum chronic noncancer target organ-
specific hazard index (TOSHI) values for the source category, based on 
actual and allowable emissions, are estimated to be less than 1. Based 
on actual and allowable emissions, CS2 emissions from 
viscose process equipment are the risk driver for respiratory risks. 
For the acute risk assessment, the maximum refined offsite acute 
noncancer hazard quotient (HQ) value for the MVP source category is 
less than 1 from CS2 emissions (based on the acute (1-hour) 
ERPG-1 for CS2). We proposed that environmental and 
multipathway risks are not an issue for the MVP source category because 
there are no HAP known to be persistent and bio-accumulative in the 
environment (PB-HAP), lead compounds, or acid gases (hydrochloric acid 
(HCl) or hydrogen flouride) identified in the emissions inventory. The 
assessment of facility-wide emissions indicated that none of the five 
MVP facilities have a facility-wide maximum individual cancer risk 
(MIR) greater than 1-in-1 million and the maximum facility-wide cancer 
risk is 1-in-1 million, driven by formaldehyde, cadmium compounds, and 
nickel compounds from a non-category fugitive area source. The total 
estimated facility-wide cancer incidence is 0.00006 excess cancer cases 
per year, or one case in every 16,700 years, with zero people estimated 
to have cancer risks greater than 1-in-1 million. The maximum facility-
wide chronic noncancer TOSHI is estimated to be less than 1, driven by 
source category emissions of CS2 from viscose process 
equipment.
    The risk assessment for this source category is contained in the 
report titled Residual Risk Assessment for the Miscellaneous Viscose 
Processes Source Category in Support of the 2020 Risk and Technology 
Review Final Rule, which can be found in the docket for this action 
(Docket ID No. EPA-HQ-OAR-2018-0415).
b. How did the risk review change for the source category?
    The EPA has not made any changes to either the risk assessment or 
our determinations regarding risk acceptability, ample margin of 
safety, or adverse environmental effects for the MVP source category 
since the proposal was published on September 9, 2019. We are 
finalizing the risk review as proposed with no changes (84 FR 47346, 
September 9, 2019).
c. What key comments did we receive on the risk review, and what are 
our responses?
    The EPA did not receive any comments specific to the MVP risk 
review and proposed results. We received comments from one commenter 
opposing our proposed risk assessment and determination that no 
revision to the standards is warranted under CAA section 112(f)(2). 
Generally, the commenter was not supportive of the acceptability and 
ample margin of safety determinations and suggested changes to the 
underlying risk assessment methodology. Examples of the commenter's 
suggested changes to the EPA's risk assessment methodology included 
lowering the presumptive limit of acceptability for cancer risks to 
below 100-in-1 million, including emissions outside of the source 
categories in question in the risk assessment, and assuming that 
pollutants with noncancer health risks

[[Page 39986]]

have no safe level of exposure. The comments and information provided 
by the commenter did not change our risk analyses or the proposed 
results that risks from the MVP source category are acceptable and 
provide an ample margin of safety.
    For detailed summaries and responses to comments, see the 
memorandum in the docket, National Emission Standards for Hazardous Air 
Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart 
UUUU) Residual Risk and Technology Review, Final Amendments--Response 
to Public Comments on September 9, 2019 Proposal (Docket ID No. EPA-HQ-
OAR-2018-0415).
d. What is the rationale for our final approach and final decisions for 
the risk review?
    As noted in the proposal, the EPA sets standards under CAA section 
112(f)(2) using ``a two-step standard-setting approach, with an 
analytical first step to determine an `acceptable risk' that considers 
all health information, including risk estimation uncertainty, and 
includes a presumptive limit on MIR of `approximately 1-in-10 thousand' 
'' (see 54 FR 38045, September 14, 1989). We weigh all health risk 
factors in our risk acceptability determination, including the cancer 
MIR, cancer incidence, the maximum cancer TOSHI, the maximum acute 
noncancer HQ, the extent of noncancer risks, the distribution of cancer 
and noncancer risks in the exposed population, and the risk estimation 
uncertainties.
    The EPA evaluated all of the comments on the risk review and 
determined that no changes to the review are needed. For the reasons 
explained in the proposal, we determined that the risks from the MVP 
source category are acceptable, and the current standards provide an 
ample margin of safety to protect public health and prevent an adverse 
environmental effect. Therefore, pursuant to CAA section 112(f)(2), we 
are finalizing our residual risk review as proposed.
2. Cellulose Ethers Production
a. What did we propose pursuant to CAA section 112(f) for the source 
category?
    The EPA estimated risks based on actual and allowable emissions 
from CEP sources subject to the Cellulose Products Manufacturing 
NESHAP. For the source category, we estimated the chronic baseline 
inhalation cancer risk using current actual and allowable emissions to 
be 80-in-1 million with the risk driver being ethylene oxide emissions 
from cellulose ether process equipment used to produce HEC. The total 
estimated cancer incidence from CEP emission sources based on actual 
and allowable emission levels is 0.01 excess cancer cases per year, or 
one case in every 100 years. Emissions of ethylene oxide contributed 99 
percent to this cancer incidence based on actual emissions. Based on 
actual or allowable emissions, 105,000 people are exposed to cancer 
risks greater than or equal to 1-in-1 million. The maximum chronic 
noncancer hazard index (TOSHI) values for the source category, based on 
actual and allowable emissions, are estimated to be less than 1. Based 
on actual and allowable emissions, respiratory risks are driven by 
chlorine emissions from cellulose ether process equipment. The maximum 
refined offsite acute noncancer HQ value for the source category is 
less than 1 from methanol emissions from cellulose ether process 
equipment (based on the acute (1-hour) reference exposure level for 
methanol). The highest HQ is based on an hourly emissions multiplier of 
10 times the annual emissions rate. Acute HQs were not calculated for 
allowable or whole facility emissions. For the multipathway risk 
screening, one facility within the CEP source category reported 
emissions of multipathway pollutants of lead compounds, carcinogenic 
PB-HAP (arsenic), and noncarcinogenic PB-HAP (cadmium and mercury). 
Results of the worst-case Tier 1 screening analysis indicate that PB-
HAP emissions (based on estimates of actual emissions) emitted from the 
facility exceeded the screening values for the carcinogenic PB-HAP 
(arsenic compounds) by a factor of 2, and for the noncarcinogenic PB-
HAP (cadmium and mercury) is equal to the Tier 1 screening value of 1. 
Based on this Tier 1 screening assessment for carcinogens, the arsenic, 
cadmium, and mercury emission rates for the single facility are below 
our level of concern. The highest annual average lead concentration of 
0.00001 milligrams per cubic meter is well below the National Ambient 
Air Quality Standard (NAAQS) for lead, indicating a low potential for 
multipathway impacts of concern due to lead. For the environmental risk 
screening, the three CEP facilities reported emissions of lead 
compounds, an acid gas (HCl), arsenic, cadmium, and mercury. In the 
Tier 1 screening analysis for PB-HAP, no exceedances of the ecological 
benchmarks evaluated were found. For lead, we did not estimate any 
exceedances of the secondary lead NAAQS. For HCl, the average modeled 
concentration around each facility (i.e., the average concentration of 
all off-site data points in the modeling domain) did not exceed any 
ecological benchmark. In addition, each individual modeled 
concentration of HCl (i.e., each off-site data point in the modeling 
domain) was below the ecological benchmarks for all facilities. Based 
on the results of the environmental risk screening analysis, we do not 
expect an adverse environmental effect as a result of HAP emissions 
from this source category. Results of the assessment of facility-wide 
emissions indicate that all three facilities modeled have a facility-
wide MIR cancer risk greater than 1-in-1 million. The maximum facility-
wide cancer risk is 500-in-1 million, mainly driven by ethylene oxide 
from sources outside the source category, including holding ponds, 
storage tanks, tank truck unloading, and equipment/vent releases. The 
next highest cancer risk was 80-in-1 million, based on whole facility 
emissions of ethylene oxide. The total estimated cancer incidence from 
the whole facility is 0.04 excess cancer cases per year, or one case in 
every 25 years, with 570,000 people estimated to have cancer risks 
greater than 1-in-1 million and 2,000 people with risks greater than 
100-in-1 million. The maximum facility-wide chronic noncancer TOSHI is 
estimated to be equal to 4, driven by emissions of chlorine from non-
category sources.
    The risk assessment for this source category are contained in the 
report titled Residual Risk Assessment for the Cellulose Ethers 
Production Source Category in Support of the 2020 Risk and Technology 
Review Final Rule, which can be found in the docket for this action.
b. How did the risk review change for the source category?
    The EPA did not make any changes to either the risk assessments or 
our determinations regarding risk acceptability, ample margin of 
safety, or adverse environmental effects for the CEP source category 
since the proposal was published on September 9, 2019. We are 
finalizing the residual risk review as proposed with no changes (84 FR 
47346, September 9, 2019).
c. What key comments did we receive on the risk review, and what are 
our responses?
    The EPA received one comment opposing our proposed risk assessment 
and determination that no revision to the standards for the CEP source 
category are warranted under CAA section 112(f)(2). Generally, the 
commenter was not supportive of the

[[Page 39987]]

acceptability and ample margin of safety determinations and suggested 
changes to the underlying risk assessment methodology. The commenter 
asserted that changes to the EPA's risk assessment methodology were 
needed, including that the EPA should lower its presumptive limit of 
acceptability for cancer risks to below 100-in-1 million, include 
emissions outside of the source categories in question in the risk 
assessment, and assume that pollutants with noncancer health risks have 
no safe level of exposure. The commenter supported the proposal's use 
of the 2016 Integrated Risk Information System (IRIS) value for 
ethylene oxide. The comments and information provided by the commenter 
did not change our risk analyses or the proposed results that risks 
from the CEP source category are acceptable and provide an ample margin 
of safety.
    For a detailed summary of the comments and our responses, see the 
memorandum in the docket, National Emission Standards for Hazardous Air 
Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart 
UUUU) Residual Risk and Technology Review, Final Amendments--Response 
to Public Comments on September 9, 2019 Proposal.
d. What is the rationale for our final approach and final decisions for 
the risk review?
    As noted in our proposal, the EPA sets standards under CAA section 
112(f)(2) using ``a two-step standard-setting approach, with an 
analytical first step to determine an `acceptable risk' that considers 
all health information, including risk estimation uncertainty, and 
includes a presumptive limit on MIR of `approximately 1-in-10 thousand' 
'' (see 54 FR 38045, September 14, 1989). We weigh all health risk 
factors in our risk acceptability determination, including the cancer 
MIR, cancer incidence, the maximum cancer TOSHI, the maximum acute 
noncancer HQ, the extent of noncancer risks, the distribution of cancer 
and noncancer risks in the exposed population, and the risk estimation 
uncertainties.
    The EPA evaluated all of the comments on the risk review and 
determined that no changes to the review are needed. For the reasons 
explained in the proposal, we determined that the risk from the CEP 
source category is acceptable, and the current standards provide an 
ample margin of safety to protect public health and prevent an adverse 
environmental effect. Therefore, pursuant to CAA section 112(f)(2), we 
are finalizing our residual risk review as proposed.

B. Technology Review

1. Miscellaneous Viscose Processes
a. What did we propose pursuant to CAA section 112(d)(6) for the source 
category?
    Pursuant to CAA section 112(d)(6), the EPA proposed to conclude 
that no revisions to the current MACT standards for the MVP source 
category are necessary (section IV.C of proposal preamble, 84 FR 47365, 
September 9, 2019). Based on the review, we did not identify any 
developments in practices, processes, or control technologies for the 
MVP source category, and, therefore, we did not propose any changes to 
the standards under CAA section 112(d)(6). Additional details of our 
technology review can be found in the memorandum, Technology Review for 
the Cellulose Products Manufacturing Industry--Proposed Rule (Docket ID 
Item No. EPA-HQ-OAR-2018-0415-0119).
b. How did the technology review change for the source category?
    The EPA has not made any changes to the technology review for the 
MVP source category since the proposal was published on September 9, 
2019. We are finalizing the technology review as proposed with no 
changes (84 FR 47346, September 9, 2019).
c. What key comments did we receive on the technology review, and what 
are our responses?
    We received comments from one commenter that did not support the 
proposed determination from the technology review that no revisions 
were warranted under CAA section 112(d)(6). In general, the commenter 
claimed that the EPA failed to consider all HAP emitted by the source 
category and that the EPA should set new standards for previously 
unregulated emission points/pollutants as part of the technology 
review.
    The EPA disagrees with the commenter's assertion that the EPA 
failed to consider all HAP emitted and that we should set new standards 
for previously unregulated emission points/pollutants as part of the 
technology review. CAA section 112(d)(6) requires the EPA to review and 
revise, as necessary (taking into account developments in practices, 
processes, and control technologies), emission standards promulgated 
under this section. The EPA reads CAA section 112(d)(6) as a limited 
provision requiring the Agency to, at least every 8 years, review the 
emission standards already promulgated in the NESHAP and to revise 
those standards as necessary, taking into account developments in 
practices, processes, and control technologies. Nothing in CAA section 
112(d)(6) directs the Agency, as part of or in conjunction with the 
mandatory 8-year technology review, to develop new emission standards 
to address HAP or emission points for which standards were not 
previously promulgated. As shown by the statutory text and the 
structure of CAA section 112, CAA section 112(d)(6) does not impose 
upon the Agency any obligation to promulgate emission standards for 
previously unregulated emissions as part of the technology review.
    When the EPA establishes standards for previously unregulated 
emissions, we do so pursuant to the provisions that govern initial 
standard setting--CAA sections 112(d)(2) and (3) or, if the 
prerequisites are met, CAA section 112(d)(4) or CAA section 112(h). 
Establishing emissions standards under these provisions of the CAA 
involves a different analytical approach from reviewing emissions 
standards under CAA section 112(d)(6).
    Though the EPA has discretion to develop standards under CAA 
section 112(d)(2) through (4) and CAA section 112(h) for previously 
unregulated pollutants at the same time as the Agency completes the CAA 
section 112(d)(6) review, any such action would not be part of the CAA 
section 112(d)(6) review, and there is no obligation to undertake such 
actions at the same time as the CAA section 112(d)(6) review. 
Additionally, given the court-ordered deadline of March 13, 2020, we 
did not have sufficient time to analyze existing data, determine if 
additional data were needed, collect additional data, and develop new 
emission standards. Therefore, we are not establishing new standards 
for previously unregulated emissions as part of this rulemaking.
    For detailed summaries and responses regarding the technology 
review, see the memorandum in the docket, National Emission Standards 
for Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR 
part 63, subpart UUUU) Residual Risk and Technology Review, Final 
Amendments--Response to Public Comments on September 9, 2019 Proposal 
(Docket ID No. EPA-HQ-OAR-2018-0415).
d. What is the rationale for our final approach for the technology 
review?
    The EPA evaluated all of the comments on the technology review and 
determined that no changes to the

[[Page 39988]]

review are needed. Therefore, pursuant to CAA section 112(d)(6), we are 
finalizing our technology review as proposed. Additional details of our 
technology review can be found in the memorandum titled Technology 
Review for the Cellulose Products Manufacturing Industry, which is 
available in the docket for this action (Docket ID Item No. EPA-HQ-OAR-
2018-0415-0119).
2. Cellulose Ethers Production
a. What did we propose pursuant to CAA section 112(d)(6) for the source 
category?
    Pursuant to CAA section 112(d)(6), the EPA proposed to conclude 
that no revisions to the current MACT standards for the CEP source 
category are necessary (section IV.C of proposal preamble, 84 FR 47365, 
September 9, 2019). Our review of the developments in technology for 
the source category did not reveal any changes in practices, processes, 
and controls that warrant revisions to the emission standards. Based on 
our review, we did not identify any developments in practices, 
processes, or control technologies for the CEP source category, and, 
therefore, we did not propose any changes to the standards under CAA 
section 112(d)(6). Additional details of our technology review can be 
found in the memorandum, Technology Review for the Cellulose Products 
Manufacturing Industry--Proposed Rule (Docket ID Item No. EPA-HQ-OAR-
2018-0415-0119).
b. How did the technology review change for the source category?
    The EPA has not made any changes to the technology review for the 
CEP source category since the proposal was published on September 9, 
2019. We are finalizing the technology review as proposed with no 
changes (84 FR 47346, September 9, 2019).
c. What key comments did we receive on the technology review, and what 
are our responses?
    The EPA received comments from one commenter that did not support 
the proposed determination from the technology review that no revisions 
were warranted under CAA section 112(d)(6). In general, the commenter 
claimed that the EPA failed to consider all HAP emitted and that the 
EPA should set new standards for previously unregulated emission 
points/pollutants as part of the technology review. The commenter also 
claimed that the EPA did not consider leak detection and repair, 
fenceline monitoring, process changes, dry sorbent injection, or spray 
dryer absorbers as part of the technology review.
    The EPA disagrees with the commenter's assertion that the EPA 
failed to consider all HAP emitted and that we should set new standards 
for previously unregulated emission points/pollutants as part of the 
technology review. See the discussion of this topic in section IV.B.1.c 
of this preamble.
    The EPA also disagrees with the commenter's assertion that the EPA 
failed to consider leak detection and repair, fenceline monitoring, 
process changes, dry sorbent injection, or spray dryer absorbers as 
part of the technology review. The Agency did consider these options 
but found that they were not appropriate for the CEP emission sources. 
See the comment response document, National Emission Standards for 
Hazardous Air Pollutants: Cellulose Products Manufacturing (40 CFR part 
63, subpart UUUU) Residual Risk and Technology Review, Final 
Amendments--Response to Public Comments on September 9, 2019 Proposal, 
for more details.
d. What is the rationale for our final approach for the technology 
review?
    We evaluated all of the comments on the technology review and 
determined that no changes to the review are needed. Therefore, 
pursuant to CAA section 112(d)(6), we are finalizing our technology 
review as proposed. Additional details of our technology review can be 
found in the memorandum titled Technology Review for the Cellulose 
Products Manufacturing Industry, which is available in the docket for 
this action (Docket ID Item No. EPA-HQ-OAR-2018-0415-0119).

C. Removal of the SSM Exemption

1. What did we propose?
    The EPA proposed amendments to the Cellulose Product Manufacturing 
NESHAP to remove the provisions related to SSM that are not consistent 
with the requirement that the standards apply at all times. The 
proposed amendments included:
     Revising Table 10 (General Provisions) entry for 40 CFR 
63.6(e)(1) and (2) by redesignating it as 40 CFR 63.6(e)(1)(i) and 
changing the ``yes'' in column 4 to a ``no'' and adding general duty 
regulatory text to 40 CFR 63.5515 that reflect the general duty to 
minimize emissions included in 40 CFR 63.6(e)(1) without the references 
to SSM;
     revising Table 10 by adding an entry for 40 CFR 
63.6(e)(1)(ii) and including a ``no'' in column 4 because 40 CFR 
63.6(e)(1)(ii) imposes requirements that are not necessary with the 
elimination of the SSM exemption or are redundant with the general duty 
requirement being added at 40 CFR 63.5515;
     removing the SSM plan requirements by changing the Table 
10 entry for 40 CFR 63.6(e)(3) from ``yes'' in column 4 to ``no'';
     revising the compliance standards in Table 10 by changing 
the entry for 40 CFR 63.6(f)(1) from ``yes'' to ``no,'' redesignating 
40 CFR63.6(h) as 40 CFR 63.6(h)(1), and changing the ``yes'' to ``no'' 
in column 4;
     revising the performance testing requirements in Table 10 
by changing the entry for 40 CFR 63.7(e)(1) from ``yes'' in column 4 to 
a ``no'' and revising 40 CFR 63.5535(b) and 40 CFR 63.5535(c) to 
specify the conditions under which performance tests should be 
completed;
     revising the monitoring requirements entries in Table 10 
for 40 CFR 63.8(c)(1)(i) and (iii) by changing the ``yes'' in column 4 
to ``no'' and revising 40 CFR 63.5545(b)(1) to specify the ongoing 
operation and maintenance procedures;
     adding a new entry to Table 10 for 40 CFR 63.8(d)(3) with 
a ``no'' entered in column 4 and adding the language in 40 CFR 
63.8(d)(3) to Table 9 except that the final sentence is replaced with 
the following: ``The program of corrective action should be included in 
the plan required under 40 CFR 63.8(d)(2).'';
     revising the recordkeeping requirements in Table 10 by 
redesignating the entries for 40 CFR 63.10(b)(2)(i) through (iv) as 40 
CFR 63.10(b)(2)(i) and changing the ``yes'' in column 4 to a ``no'' and 
revising the recordkeeping requirements to Table 9 to clarify what 
records are required for SSM events;
     adding an entry for 40 CFR 63.10(b)(2)(ii) to Table 10 and 
including a ``no'' in column 4 and adding text to Table 9 that is 
similar to 40 CFR 63.10(b)(2)(ii) that describes the recordkeeping 
requirements during a malfunction;
     revising the recordkeeping provisions by adding entries 
for 40 CFR 63.10(b)(2)(iv), 40 CFR 63.10(b)(2)(v), and 40 CFR 
63.10(c)(15) to Table 10 and adding ``no'' in column 4 for each new 
entry;
     revising the entry for 40 CFR 63.10(d)(5) in Table 10 by 
redesignating it as 40 CFR 63.10(d)(5)(i) and changing the ``yes'' in 
column 4 to a ``no'';
     adding reporting requirements to 40 CFR 63.5580 and Table 
8 to eliminate periodic SSM reports as a stand-alone report and require 
sources that fail to meet an applicable standard at any time

[[Page 39989]]

to report the number, date, time, duration, list of affected source or 
equipment, estimate of the quantity of each regulated pollutant 
emitted, a description of the method used to estimate the emissions, 
and the cause of such events in the semiannual compliance report 
already required under this rule; and
     revising the reporting requirements in Table 10 by adding 
an entry for 40 CFR 63.10(d)(5)(ii) and including a ``no'' in column 4.
    More information concerning the elimination of SSM provisions is in 
the preamble to the proposed rule (84 FR 47366-47370, September 9, 
2019).
2. What changed since proposal?
    We are finalizing the removal of the SSM exemption as proposed with 
no changes (84 FR 47346, September 9, 2019).
3. What are the key comments and what are our responses?
    Only one commenter submitted comments related to our proposed 
removal of the SSM exemption, and their comments generally supported 
the proposed removal of the SSM provisions but stated that the EPA 
cannot finalize a malfunction exemption, as proposed. The Agency did 
not propose a malfunction exemption in this rulemaking, therefore, this 
portion of the comment was not relevant. We evaluated the comments and 
determined that no changes to the proposed SSM provisions are 
warranted. A summary of these comments and our responses are located in 
the memorandum titled National Emission Standards for Hazardous Air 
Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart 
UUUU) Residual Risk and Technology Review, Final Amendments--Response 
to Public Comments on September 9, 2019 Proposal, in the docket for 
this rulemaking.
4. What is the rationale for our final approach for the SSM provisions?
    The EPA evaluated all comments on the EPA's proposed amendments to 
remove the SSM exemption. For the reasons explained in the proposed 
rule, we determined that the proposed amendments remove and revise 
provisions related to SSM that are not consistent with the requirement 
that the standards apply at all times. More information concerning the 
amendments we are finalizing for SSM is in the preamble to the proposed 
rule (84 FR 47366-47370, September 9, 2019). We are finalizing our 
approach for removing the SSM exemption as proposed.

D. Five-Year Periodic Emissions Testing

1. What did we propose?
    The EPA proposed to add new requirements for periodic performance 
testing at 40 CFR 63.5535(g)(1), 40 CFR 63.5535(h)(1), and 40 CFR 
63.5541 for facilities that use non-recovery control devices. We 
proposed that facilities constructed or reconstructed on or before 
September 9, 2019, conduct periodic air emissions performance testing 
every 5 years, with the first periodic performance test to be conducted 
within 3 years of the effective date of the revised standards and 
thereafter every 5 years following the previous test. For facilities 
that commence construction after September 9, 2019, we proposed a 
periodic performance test be completed within 5 years of the initial 
performance required by 40 CFR 63.5535 and that subsequent tests be 
conducted every 5 years thereafter.
2. What changed since proposal?
    We are finalizing the 5-year periodic emission testing requirements 
for facilities that use non-recovery control devices as proposed with 
no changes (84 FR 47346, September 9, 2019).
3. What are the key comments and what are our responses?
    We did not receive any comments on the proposed 5-year periodic 
emission testing requirements for facilities that use non-recovery 
control devices.
4. What is the rationale for our final approach for the 5-year periodic 
emission testing?
    For the reasons explained in the preamble to the proposed rule and 
taking into account the fact that the EPA received no comments relating 
to the proposed provisions, we are finalizing the requirement for 
facilities that use non-recovery control devices to conduct periodic 
emissions tests once every 5 years. The new performance tests will 
serve as a check on the accuracy of facilities' mass balance 
calculations and on the efficiency of the control devices used to 
achieve compliance with the standards. The new performance testing will 
ensure that control devices are properly maintained over time, thereby 
reducing the potential for acute emissions episodes.

E. Electronic Reporting

1. What did we propose?
    The EPA proposed amendments to the Cellulose Products Manufacturing 
NESHAP to require owners and operators of MVP and CEP facilities to 
submit electronic copies of initial notifications, notifications of 
compliance status, performance test reports, performance evaluation 
reports, and semiannual reports through the EPA's CDX using CEDRI. 
Additionally, we proposed two broad circumstances in which electronic 
reporting extensions may be provided at the discretion of the 
Administrator. The EPA proposed these extensions to protect owners and 
operators from noncompliance in cases where they are unable to 
successfully submit a report by the reporting deadline for reasons 
outside of their control, including CDX and CEDRI outages and force 
majeure events, such as acts of nature, war, or terrorism.
2. What changed since proposal?
    No changes have been made to the proposed requirement for owners 
and operators of MVP and CEP facilities to submit initial 
notifications, notifications of compliance status, performance test 
reports, performance evaluation reports, and semiannual reports 
electronically using CEDRI. Therefore, we are finalizing the electronic 
reporting provisions as proposed with no changes (84 FR 47346, 
September 9, 2019).
3. What are the key comments and what are our responses?
    The EPA received one comment supporting the proposed amendment to 
require electronic reporting. The commenter, however, asserted that the 
force majeure language should be removed. The commenter expressed 
concern that proposed 40 CFR 63.5420(c)(5) provides an exemption from 
reporting due to force majeure events. The commenter noted that the 
Court rejected similar ``affirmative defense'' to civil penalties for 
malfunctions (NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014)). The 
commenter also argued that adding such an exemption would be arbitrary 
and unlawful because it would undermine the reporting requirements by 
providing a justification to delay reporting, and, thus, undermine 
compliance, enforcement, and fulfillment of the emissions standards 
designed to protect public health and the environment at the core of 
the CAA's and section 7412's purpose (42 U.S.C. 740).
    The commenter is incorrect in referring to 40 CFR 63.5420(c)(5) as 
an ``exemption.'' This provision provides instructions for actions an 
affected source should take if it is unable to submit an electronic 
report (required under 40 CFR 63.5420(c)) ``due to a force majeure 
event that is about to

[[Page 39990]]

occur, occurs, or has occurred, or if there are lingering effects from 
such an event within the period of time beginning 5 business days prior 
to the date the submission is due'' under 40 CFR 63.5420(c). We note 
that there is no exception or exemption to reporting, only a method for 
requesting an extension of the reporting deadline. As specified in 40 
CFR 63.5420(c)(5), ``[t]he decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.'' There is no predetermined 
timeframe for the length of extension that can be granted, as this is 
something best determined by the Administrator when reviewing the 
circumstances surrounding the request. Different circumstances may 
require a different length of extension for electronic reporting. For 
example, a tropical storm may delay electronic reporting for a day, but 
a category 5 hurricane event may delay electronic reporting much 
longer, especially if the facility has no power, and, as such, the 
owner or operator has no ability to access electronically stored data 
or to submit reports electronically. The Administrator will be the most 
knowledgeable on the events leading to the request for extension and 
will assess whether an extension is appropriate and, if so, determine a 
reasonable length. The Administrator may even request that the report 
be sent in hardcopy until electronic reporting can be resumed. While no 
new fixed duration deadline is set, the regulation does require that 
the report be submitted electronically as soon as possible after the 
CEDRI outage is resolved or after the force majeure event occurs.
    We also note that the force majeure mimics long-standing language 
in 40 CFR 63.7(a)(4) and 60.8(a)(1) regarding the time granted for 
conducting a performance test and such language has not undermined 
compliance or enforcement.
    Moreover, we disagree that the reporting extension will undermine 
enforcement because the Administrator has full discretion to accept or 
reject the claim of a CEDRI system outage or force majeure. As such, an 
extension is not automatic and is agreed to on an individual basis by 
the Administrator. If the Administrator determines that a facility has 
not acted in good faith to reasonably report in a timely manner, the 
Administrator can reject the claim and find that the failure to report 
timely is a deviation from the regulation. CEDRI system outages are 
infrequent, but the EPA knows when they occur and whether a facility's 
claim is legitimate. Force majeure events (e.g., natural disasters 
impacting a facility) are also usually well-known events.
    We also disagree that the ability to request a reporting extension 
would undermine compliance and fulfillment of the emissions standards. 
While reporting is an important mechanism for the EPA and air agencies 
to assess whether owners or operators are in compliance with emissions 
standards, reporting obligations have nothing to do with whether an 
owner or operator is required to be in compliance with an emissions 
standard, especially where the deadline for meeting the standard has 
already passed and the owner or operator has certified that they are in 
compliance with the standard.
    Additionally, the ability to request a reporting extension does not 
apply to a broad category of circumstances; on the contrary, the scope 
for submitting a reporting extension request is very limited in that 
claims can only be made for events outside of the owner's or operator's 
control that occur in the 5 business days prior to the reporting 
deadline. The claim must then be approved by the Administrator, and, in 
approving such a claim, the Administrator agrees that something outside 
the control of the owner or operator prevented the owner or operator 
from meeting its reporting obligation. In no circumstance does this 
reporting extension allow for the owner or operator to be out of 
compliance with the emissions standards.
    The reporting deadline extension differs from the affirmative 
defense to civil penalties for malfunctions the Court vacated as beyond 
the EPA's authority under the CAA in NRDC v. EPA, 749 F.3d 1055 (D.C. 
Cir. 2014). Unlike the affirmative defense addressed in NRDC, the 
reporting provision does not address penalty liability for 
noncompliance with emission standards, but merely addresses, under a 
narrow set of circumstances outside the control of the facilities, the 
deadline for reporting.
    A detailed summary of these comments and our responses are located 
in the memorandum titled National Emission Standards for Hazardous Air 
Pollutants: Cellulose Products Manufacturing (40 CFR part 63, subpart 
UUUU) Residual Risk and Technology Review, Final Amendments--Response 
to Public Comments on September 9, 2019 Proposal, in the docket for 
this rulemaking (Docket ID No. EPA-HQ-OAR-2018-0415).
4. What is the rationale for our final approach to electronic 
reporting?
    The EPA is finalizing, as proposed, a requirement that owners or 
operators of MVP and CEP facilities submit electronic copies of 
notifications, performance evaluation reports, and semiannual 
compliance reports using CEDRI. We also are finalizing, as proposed, 
provisions that allow facility owners or operators a process to request 
extensions for submitting electronic reports for circumstances beyond 
the control of the facility (i.e., for a possible outage in the CDX or 
CEDRI or for a force majeure event). The amendments will increase the 
ease and efficiency of data submittal for owners and operators of MVP 
and CEP facilities and will make the data more accessible to regulators 
and the public.

F. Changes to the Monitoring Requirements for Biofilter Control Devices

1. What did we propose?
    The EPA proposed revisions to the operating limits in Table 2 to 
Subpart UUUU of Part 63 to add biofilter effluent conductivity to the 
list of biofilter operating limits, revisions to the performance 
testing requirements in 40 CFR 63.5535(i)(7) to add biofilter effluent 
conductivity to the list of parameters for which operating limits must 
be established during the compliance demonstration, and revisions to 
the continuous compliance with operating limits in Table 6 to Subpart 
UUUU of Part 63 to add biofilter effluent conductivity to the list of 
parameters to monitor to demonstrate continuous compliance.
2. What changed since proposal?
    The EPA has not made any changes to the proposed amendments to 
include biofilter effluent conductivity monitoring provisions since 
publication of the proposal on September 9, 2019. We are finalizing the 
alternative monitoring provisions as proposed with no changes (84 FR 
47346, September 9, 2019).
3. What are the key comments and what are our responses?
    No comments were received on the proposed addition of biofilter 
effluent conductivity monitoring provisions.
4. What is the rationale for our final approach to monitoring of 
biofilter control devices?
    The EPA is finalizing the proposed revisions to allow monitoring of 
biofilter effluent conductivity as an alternative to effluent pH for 
biofilter control devices.

[[Page 39991]]

As we explained in the proposal, the EPA has conditionally approved an 
alternative monitoring request from one company to use conductivity in 
lieu of pH monitoring pursuant to 40 CFR 63.8(f). The company's request 
stated that conductivity would provide a more accurate operating limit 
than pH for strong acids and bases. To allow other sources the 
flexibility to use conductivity for monitoring of biofilter control 
devices without the need to request approval for each source, we have 
finalized the changes as described in the proposal.

G. IBR Under 1 CFR Part 51 for the Cellulose Products Manufacturing 
NESHAP

1. What did we propose?
    In accordance with requirements of 1 CFR 51.5, the EPA proposed to 
IBR the following documents into 40 CFR 63.14:
     ASTM D6420-99 (Reapproved 2010), Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, IBR approved for Table 4 to Subpart 
UUUU of Part 63;
     ASTM D5790-95 (Reapproved 2012), Standard Test Method for 
Measurement of Purgeable Organic Compounds in Water by Capillary Column 
Gas Chromatography/Mass Spectrometry, IBR approved for Table 4 to 
Subpart UUUU of Part 63; and
     ASTM D6348-12e1, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, IBR approved for Table 4 to Subpart UUUU 
of Part 63.
2. What changed since proposal?
    The EPA has not made any changes to its proposal to IBR the 
documents listed above. We are incorporating these documents by 
reference into 40 CFR 63.14 as proposed (84 FR 47346, September 9, 
2019). We have also included an IBR for ASTM D6348-03, Standard Test 
Method for Determination of Gaseous Compounds by Extractive Direct 
Interface Fourier Transform Infrared (FTIR) Spectroscopy, in this 
rulemaking. It was determined that the appendices in this method were 
needed for use with the ASTM D6348-12e1 method.
3. What are the key comments and what are our responses?
    No comments were received on the proposed IBR of the standards into 
40 CFR 63.14.
4. What is the rationale for our amendments?
    In the proposal, we proposed regulatory text that included IBR. In 
accordance with requirements of 1 CFR 51.5, we have finalized as 
proposed the IBR of the four documents listed in sections IV.E.1 and 
IV.E.2 of this preamble.

H. Technical and Editorial Changes for the Cellulose Products 
Manufacturing NESHAP

1. What did we propose?
    The EPA proposed the following technical and editorial changes:
     Add a new paragraph at 40 CFR 63.5505(f) to clarify that 
CS2 storage tanks that are part of a submerged unloading and 
storage operation subject to 40 CFR part 63, subpart UUUU, are not 
subject to 40 CFR part 60, subpart Kb;
     revise the performance test requirements in 40 CFR 63.5535 
to specify the conditions for conducting performance tests;
     revise the performance evaluation requirements in 40 CFR 
63.5545(e)(2) to specify the use of Procedure 1 of 40 CFR part 60, 
appendix F for quality assurance procedures;
     revise the performance test requirements table (Table 4 to 
Subpart UUUU of Part 63) to correct an error in the reference to a test 
method appendix;
     revise the performance test requirements table (Table 4 to 
Subpart UUUU of Part 63) to add IBR for ASTM D6420-99 (Reapproved 
2010), ASTM D5790-95 (Reapproved 2012), and ASTM D6348-12e1;
     revise the reporting requirements in 40 CFR 63.5580 and 
the reporting and recordkeeping requirements tables (Tables 8 and 9 to 
Subpart UUUU of Part 63) to include the requirements to record and 
report information on failures to meet the applicable standard and the 
corrective actions taken; and
     revise the General Provisions applicability table (Table 
10 to Subpart UUUU of Part 63) to align with those sections of the 
General Provisions that have been amended or reserved over time.
2. What changed since proposal?
    We are finalizing the technical and editorial changes as proposed 
with no changes (84 FR 47346, September 9, 2019).
3. What are the key comments and what are our responses?
    No comments were received on the proposed technical and editorial 
corrections.
4. What is the rationale for our final approach?
    We are finalizing the technical and editorial changes as proposed 
for the reasons stated in section IV.E.6 of the proposal preamble.

V. Summary of Cost, Environmental, and Economic Impacts and Additional 
Analyses Conducted

A. What are the affected facilities?

    There are currently eight facilities operating in the United States 
that conduct MVP and CEP operations that are subject to the Cellulose 
Products Manufacturing NESHAP. The 40 CFR part 63, subpart UUUU 
affected source for the MVP source category is each cellulose food 
casing, rayon, cellulosic sponge, or cellophane operation, as defined 
in 40 CFR 63.5610. The affected source for the CEP source category is 
each cellulose ether operation, as defined in 40 CFR 63.5610.

B. What are the air quality impacts?

    The EPA estimates that annual HAP emissions from the MVP and CEP 
facilities that are subject to the NESHAP are approximately 4,300 tpy. 
We are not establishing new emission limits and are not requiring 
additional controls; therefore, no quantifiable air quality impacts are 
expected as a result of the final amendments to the rule. However, the 
final amendments, including the removal of the SSM exemption and 
addition of periodic emissions testing, have the potential to reduce 
excess emissions from sources by ensuring proper operation of control 
devices.
    The final amendments will have no effect on the energy needs of the 
affected facilities and, therefore, have no indirect or secondary air 
emissions impacts.

C. What are the cost impacts?

    The eight facilities subject to the final amendments will incur 
minimal net costs to meet the revised recordkeeping and reporting 
requirements and will incur periodic emissions testing costs for add-on 
control devices. The nationwide costs associated with the new periodic 
testing requirements are estimated to be $490,000 (2018$) over the 5 
years following promulgation of the amendments. For further information 
on the costs, see the memorandum titled Costs and Environmental Impacts 
of Regulatory Options for the Cellulose Products Manufacturing 
Industry, and the document titled Supporting Statement for the NESHAP 
for Cellulose Products Manufacturing (40 CFR part 63, subpart UUUU), 
which are both available in the

[[Page 39992]]

docket for this final rule (Docket ID No. EPA-HQ-OAR-2018-0415).

D. What are the economic impacts?

    The final revisions to the Cellulose Products Manufacturing NESHAP 
have some costs associated with the periodic testing requirements and 
these costs are not expected to have significant economic impacts.

E. What are the benefits?

    The final amendments will result in improved monitoring, 
compliance, and implementation of the rule by adding provisions for 
periodic emissions testing, requiring MVP and CEP facilities to meet 
the same emission standards during SSM events as during normal 
operations, and requiring electronic submittal of initial 
notifications, performance test results, and semiannual reports. These 
improvements will further assist in the protection of public health and 
the environment. The electronic reporting requirements will improve 
data availability and ultimately result in less burden on the regulated 
community.

F. What analysis of environmental justice did we conduct?

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    To examine the potential for any environmental justice issues that 
might be associated with the Cellulose Products Manufacturing NESHAP, 
we performed a demographic analysis for the MVP and CEP source 
categories, which is an assessment of risks to individual demographic 
groups of the populations living within 5 kilometers (km) and within 50 
km of the facilities. In each analysis, we evaluated the distribution 
of HAP-related cancer and noncancer risks from the MVP and CEP source 
categories across different demographic groups within the populations 
living near facilities.\4\
---------------------------------------------------------------------------

    \4\ Demographic groups included in the analysis are: White, 
African American, Native American, other races and multiracial, 
Hispanic or Latino, children 17 years of age and under, adults 18 to 
64 years of age, adults 65 years of age and over, adults without a 
high school diploma, people living below the poverty level, people 
living two times the poverty level, and linguistically isolated 
people.
---------------------------------------------------------------------------

    For the MVP source category, we determined that no one is exposed 
to a cancer risk at or above 1-in-1 million or to a chronic noncancer 
TOSHI greater than 1. The methodology and the results of the MVP 
demographic analysis are presented in a technical report, Risk and 
Technology Review--Analysis of Demographic Factors for Populations 
Living Near Miscellaneous Viscose Processes Facilities, available in 
the docket for this action.
    For the CEP source category, the results of the demographic 
analysis indicate that emissions from the source category expose 
approximately 104,572 people to a cancer risk at or above 1-in-1 
million and approximately zero people to a chronic noncancer TOSHI 
greater than 1. The percentages of the at-risk population in three 
demographic groups (African American, above poverty level, and over 25 
without high school diploma) are greater than their respective 
nationwide percentages. The methodology and the results of the CEP 
demographic analysis are presented in the technical report, Risk and 
Technology Review--Analysis of Demographic Factors for Populations 
Living Near Cellulose Ethers Production Facilities, available in the 
docket for this action (Docket ID No. EPA-HQ-OAR-2018-0415).

G. What analysis of children's environmental health did we conduct?

    The EPA does not believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children. 
The health and risk assessments for this action are contained in two 
reports titled Residual Risk Assessment for the Miscellaneous Viscose 
Processes Source Category in Support of the 2020 Risk and Technology 
Review Final Rule and Residual Risk Assessment for the Cellulose Ethers 
Production Source Category in Support of the 2020 Risk and Technology 
Review Final Rule, which can be found in the docket for this action.

VI. Statutory and Executive Order Reviews

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

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

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

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

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

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been 
submitted for approval to the OMB under the PRA. The Information 
Collection Request (ICR) document that the EPA prepared has been 
assigned EPA ICR number 1974.11. You can find a copy of the ICR in the 
docket for this rule, and it is briefly summarized here. The 
information collection requirements are not enforceable until OMB 
approves them.
    We are finalizing changes to the recordkeeping and reporting 
requirements for 40 CFR part 63, subpart UUUU, which eliminate the SSM 
reporting and SSM plan requirements, add periodic emissions testing, 
provide biofilter effluent conductivity as an alternative to monitoring 
pH, and require electronic submittal of notifications, semiannual 
reports, and performance test reports.
    Respondents/affected entities: Respondents include facilities 
subject to the NESHAP for Cellulose Products Manufacturing (40 CFR part 
63, subpart UUUU).
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart UUUU).
    Estimated number of respondents: Eight.
    Frequency of response: Initial notifications, reports of periodic 
performance tests, and semiannual compliance reports.
    Total estimated burden: 7,256 labor hours (per year). Burden is 
defined at 5 CFR 1320.3(b).
    Total estimated cost: $954,000 per year, including $834,000 per 
year in labor costs and $120,000 per year in annualized capital or 
operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB 
approves this ICR, the Agency will announce that approval in the 
Federal Register and publish a technical amendment to 40 CFR part 9 to 
display the OMB control number for the approved information collection 
activities contained in this final rule.

[[Page 39993]]

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. There 
are no small entities in this regulated industry and, as such, this 
action will not impose any requirements on small entities.

E. Unfunded Mandates Reform Act (UMRA)

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

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. None of the facilities known to be engaged in 
the manufacture of cellulose products that would be affected by this 
action are owned or operated by tribal governments or located within 
tribal lands. Thus, Executive Order 13175 does not apply to this 
action.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action's health and risk assessments are contained in 
sections III.A and IV.A of this preamble. Further documentation is 
provided in the following risk reports titled Residual Risk Assessment 
for the Miscellaneous Viscose Processes Source Category in Support of 
the 2020 Risk and Technology Review Final Rule and Residual Risk 
Assessment for the Cellulose Ethers Production Source Category in 
Support of the 2020 Risk and Technology Review Final Rule, which can be 
found in the docket for this action.

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

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

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

    This action involves technical standards. The EPA has decided to 
use three voluntary consensus standards (VCS). ASTM D6420-99 
(Reapproved 2010), ``Standard Test Method for Determination of Gaseous 
Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry,'' is used for the measurement of toluene and total 
organic HAP. This method employs a direct interface gas chromatograph/
mass spectrometer to identify and quantify the 36 volatile organic 
compounds (VOC) (or sub-set of these compounds) listed on the ASTM 
website. This ASTM standard has been approved by the EPA as an 
alternative to EPA Method 18 when the target compounds are all known, 
and the target compounds are all listed in ASTM D6420 as measurable.
    ASTM D5790-95 (Reapproved 2012), ``Standard Test Method for 
Measurement of Purgeable Organic Compounds in Water by Capillary Column 
Gas Chromatography/Mass Spectrometry,'' identifies and measures 
purgeable VOC. It has been validated for treated drinking water, 
wastewater, and groundwater. ASTM D5790-95 is acceptable as an 
alternative to EPA Method 624 and for the analysis of total organic HAP 
in wastewater samples. For wastewater analyses, this ASTM method should 
be used with the sampling procedures of EPA Method 25D or an equivalent 
method in order to be a complete alternative. This ASTM standard is 
validated for all of the 21 volatile organic HAP (including toluene) 
targeted by EPA Method 624 and is also validated for an additional 14 
HAP not targeted by the EPA method.
    ASTM D6348-12e1, ``Determination of Gaseous Compounds by Extractive 
Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy,'' is 
an acceptable alternative to using EPA Method 320 with caveats 
requiring inclusion of selected annexes to the standard as mandatory. 
This test method provides the volume concentration of detected 
analytes. Converting the volume concentration to a mass emission rate 
using the compound's molecular weight, and the effluent volumetric flow 
rate, temperature, and pressure is useful for determining the impact of 
that compound to the atmosphere. When using ASTM D6348-12e, the 
following conditions must be met: (1) The test plan preparation and 
implementation in the Annexes to ASTM D 6348-03, Sections A1 through A8 
are mandatory; and (2) in ASTM D6348-03, Annex A5 (Analyte Spiking 
Technique), the percent recovery (%R) must be determined for each 
target analyte (Equation A5.5). For the test data to be acceptable for 
a compound, %R must be greater than or equal to 70 percent and less 
than or equal to 130 percent. If the %R value does not meet this 
criterion for a target compound, the test data are not acceptable for 
that compound and the test must be repeated for that analyte (i.e., the 
sampling and/or analytical procedure should be adjusted before a 
retest). The %R value for each compound must be reported in the test 
report, and all field measurements must be corrected with the 
calculated %R value for that compound by using the following equation: 
Reported Results = ((Measured Concentration in the Stack)/(%R)) x 100.
    These four ASTM standards are available from ASTM International, 
100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 
19428-2959. See https://www.astm.org/.
    While the EPA identified 14 other VCS as being potentially 
applicable, the Agency has decided not to use them. The use of these 
VCS would not be practical due to lack of equivalency, documentation, 
validation date, and other important technical and policy 
considerations. For further information, see the memorandum titled 
Voluntary Consensus Standard Results for National Emission Standards 
for Hazardous Air Pollutants for Cellulose Products Manufacturing, in 
the docket for this action (Docket ID Item No. EPA-HQ-OAR-2018-0415-
0059).

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in the technical reports 
titled Risk and Technology Review--Analysis of Demographic Factors for 
Populations Living Near Miscellaneous Viscose Processes Facilities and 
Risk and

[[Page 39994]]

Technology Review--Analysis of Demographic Factors for Populations 
Living Near Cellulose Ethers Production Facilities, which are located 
in the public docket for this action.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: March 11, 2020.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 63 as follows:

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

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by revising paragraphs (h)(72), (83), (85), 
(89), and (91) to read as follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (h) * * *
    (72) ASTM D5790-95 (Reapproved 2012), Standard Test Method for 
Measurement of Purgeable Organic Compounds in Water by Capillary Column 
Gas Chromatography/Mass Spectrometry, IBR approved for Table 4 to 
subpart UUUU.
* * * * *
    (83) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, including Annexes A1 through A8, Approved 
October 1, 2003, IBR approved for Sec. Sec.  63.457(b), 63.1349, Table 
4 to subpart DDDD, table 4 to subpart UUUU, table 4 subpart ZZZZ, and 
table 8 to subpart HHHHHHH.
* * * * *
    (85) ASTM D6348-12e1, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved 
for Sec.  63.1571(a) and Table 4 to subpart UUUU.
* * * * *
    (89) ASTM D6420-99, Standard Test Method for Determination of 
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry, IBR approved for Sec. Sec.  63.5799 and 63.5850.
* * * * *
    (91) ASTM D6420-99 (Reapproved 2010), Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, Approved October 1, 2010, IBR 
approved for Sec.  63.670(j), Table 4 to subpart UUUU, and appendix A 
to this part: Method 325B.
* * * * *

Subpart UUUU--National Emission Standards for Hazardous Air 
Pollutants for Cellulose Products Manufacturing

0
3. Section 63.5505 is amended by adding paragraph (f) to read as 
follows:


Sec.  63.5505  What emission limits, operating limits, and work 
practice standards must I meet?

* * * * *
    (f) Carbon disulfide storage tanks part of a submerged unloading 
and storage operation subject to this part are not subject to 40 CFR 
part 60, subpart Kb (Standards of Performance for Volatile Organic 
Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for 
Which Construction, Reconstruction, or Modification Commenced After 
July 23, 1984).

0
4. Section 63.5515 is amended by revising paragraph (a), paragraph (b) 
introductory text, adding reserved paragraph (b)(2), and revising 
paragraph (c).
    The revisions read as follows:


Sec.  63.5515  What are my general requirements for complying with this 
subpart?

    (a) On or before December 29, 2020, for each existing source (and 
for each new or reconstructed source for which construction or 
reconstruction commenced on or before September 9, 2019), you must be 
in compliance with the emission limits, operating limits, and work 
practice standards in this subpart at all times, except during periods 
of startup, shutdown, and malfunction. After December 29, 2020, for 
each existing source (and for each new or reconstructed source for 
which construction or reconstruction commenced on or before September 
9, 2019), you must be in compliance with the emission limitations in 
this subpart at all times. For new and reconstructed sources for which 
construction or reconstruction commenced after September 9, 2019, you 
must be in compliance with the emission limits, operating limits, and 
work practice standards in this subpart at all times on July 2, 2020, 
or immediately upon startup, whichever is later.
    (b) On or before December 29, 2020, for each existing source (and 
for each new or reconstructed source for which construction or 
reconstruction commenced on or before September 9, 2019), you must 
always operate and maintain your affected source, including air 
pollution control and monitoring equipment, according to the provisions 
in Sec.  63.6(e)(1)(i). After December 29. 2020, for each existing 
source (and for each new or reconstructed source for which construction 
or reconstruction commenced on or before September 9, 2019), and after 
September 9, 2019, for new and reconstructed sources for which 
construction or reconstruction commenced after September 9, 2019, you 
must always operate and maintain your affected source, including air 
pollution control and monitoring equipment in a manner consistent with 
good air pollution control practices for minimizing emissions at least 
to the levels required by this subpart. The general duty to minimize 
emissions does not require you to make any further efforts to reduce 
emissions if levels required by the applicable standard have been 
achieved. Determination of whether a source is operating in compliance 
with operation and maintenance requirements will be based on 
information available to the Administrator which may include, but is 
not limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.
* * * * *
    (c) On or before December 29 2020, for each existing source (and 
for each new or reconstructed source for which construction or 
reconstruction commenced on or before September 9, 2019), you must 
maintain a written startup, shutdown, and malfunction (SSM) plan 
according the provisions in Sec.  63.6(e)(3). For each such source, a 
SSM plan is not required after December 29, 2020. No SSM plan is 
required for any new or reconstruction source for

[[Page 39995]]

which construction or reconstruction commenced after September 9, 2019.
* * * * *

0
5. Section 63.5535 is amended by revising paragraph (b), removing and 
reserving paragraph (c), and revising paragraphs (g)(1), (h)(1), and 
(i)(7).
    The revisions read as follows:


Sec.  63.5535  What performance tests and other procedures must I use?

* * * * *
    (b) You must conduct each performance test for continuous process 
vents and combinations of batch and continuous process vents based on 
representative performance (i.e., performance based on normal operating 
conditions) of the affected source for the period being tested, 
according to the specific conditions in Table 4 to this subpart. 
Representative conditions exclude periods of startup and shutdown. You 
may not conduct performance tests during periods of malfunction. You 
must record the process information that is necessary to document 
operating conditions during the test and include in such record an 
explanation to support that such conditions represent normal operation. 
Upon request, you shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests.
* * * * *
    (g) * * *
    (1) Viscose process affected sources that must use non-recovery 
control devices to meet the applicable emission limit in table 1 to 
this subpart must conduct an initial performance test of their non-
recovery control devices according to the requirements in table 4 to 
this subpart to determine the control efficiency of their non-recovery 
control devices and incorporate this information in their material 
balance. Periodic performance tests must be conducted as specified in 
Sec.  63.5541.
* * * * *
    (h) * * *
    (1) Cellulose ether affected sources that must use non-recovery 
control devices to meet the applicable emission limit in table 1 to 
this subpart must conduct an initial performance test of their non-
recovery control devices according to the requirements in table 4 to 
this subpart to determine the control efficiency of their non-recovery 
control devices and incorporate this information in their material 
balance. Periodic performance tests must be conducted as specified in 
Sec.  63.5541.
* * * * *
    (i) * * *
    (7) For biofilters, record the pressure drop across the biofilter 
beds, inlet gas temperature, and effluent pH or conductivity averaged 
over the same time period as the compliance demonstration while the 
vent stream is routed and constituted normally. Locate the pressure, 
temperature, and pH or conductivity sensors in positions that provide 
representative measurement of these parameters. Ensure the sample is 
properly mixed and representative of the fluid to be measured.
* * * * *

0
6. Section 63.5541 is added to read as follows:


Sec.  63.5541  When must I conduct subsequent performance tests?

    (a) For each affected source utilizing a non-recovery control 
device to comply with Sec.  63.5515 that commenced construction or 
reconstruction before September 9, 2019, a periodic performance test 
must be performed by July 2, 2023, and subsequent tests no later than 
60 months thereafter.
    (b) For each affected source utilizing a non-recovery control 
device to comply with Sec.  63.5515 that commences construction or 
reconstruction after September 9, 2019, a periodic performance test 
must be performed no later than 60 months after the initial performance 
test required by Sec.  63.5535, and subsequent tests no later than 60 
months thereafter.

0
7. Section 63.5545 is amended by revising paragraphs (b)(1) and (e)(2) 
to read as follows:


Sec.  63.5545  What are my monitoring installation, operation, and 
maintenance requirements?

* * * * *
    (b) * * *
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec.  63.8(c)(3) and (4)(ii), 
63.5515(b), and 63.5580(c)(6);
* * * * *
    (e) * * *
    (2) You must conduct a performance evaluation of each CEMS 
according to the requirements in Sec.  63.8, Procedure 1 of 40 CFR part 
60, appendix F, and according to the applicable performance 
specification listed in paragraphs (e)(1)(i) through (iv) of this 
section.
* * * * *

0
8. Section 63.5555 is amended by revising paragraph (d) to read as 
follows:


Sec.  63.5555  How do I demonstrate continuous compliance with the 
emission limits, operating limits, and work practice standards?

* * * * *
    (d) For each affected source that commenced construction or 
reconstruction before September 9, 2019, on or before December 29, 
2020, deviations that occur during a period of startup, shutdown, or 
malfunction are not violations if you demonstrate to the 
Administrator's satisfaction that you were operating in accordance with 
Sec.  63.5515(b). The Administrator will determine whether deviations 
that occur on or before December 29, 2020, and during a period you 
identify as a startup, shutdown, or malfunction are violations, 
according to the provisions in Sec.  63.5515(b). This section no longer 
applies after December 30, 2020. For new sources that commence 
construction or reconstruction after September 9, 2019, this section 
does not apply.

0
9. Section 63.5575 is revised to read as follows:


Sec.  63.5575  What notifications must I submit and when?

    You must submit each notification in Table 7 to this subpart that 
applies to you by the date specified in Table 7 to this subpart. 
Initial notifications and Notification of Compliance Status Reports 
shall be electronically submitted in portable document format (PDF) 
following the procedure specified in Sec.  63.5580(g).

0
10. Section 63.5580 is amended by:
0
a. Revising paragraphs (b) introductory text and (b)(2) and (4);
0
b. Adding paragraph (b)(6);
0
c. Revising paragraphs (c)(4), (e) introductory text, and (e)(2);
0
d. Adding paragraphs (e)(14) and (g) through (k).

    The revisions and additions read as follows:


Sec.  63.5580  What reports must I submit and when?

* * * * *
    (b) Unless the Administrator has approved a different schedule for 
submitting reports under Sec.  63.10, you must submit each compliance 
report by the date in Table 8 to this subpart and according to the 
requirements in paragraphs (b)(1) through (6) of this section.
* * * * *
    (2) The first compliance report must be submitted no later than 
August 31 or February 28, whichever date follows the end of the first 
calendar half after the

[[Page 39996]]

compliance date that is specified for your affected source in Sec.  
63.5495.
* * * * *
    (4) Each subsequent compliance report must be submitted no later 
than August 31 or February 28, whichever date is the first date 
following the end of the semiannual reporting period.
* * * * *
    (6) Prior to December 29, 2020, all compliance reports submitted by 
mail must be postmarked or delivered no later than the dates specified 
in paragraphs (b)(1) through (5). Beginning on December 29, 2020, you 
must submit all compliance reports following the procedure specified in 
paragraph (g) of this section by the dates specified in paragraphs 
(b)(1) through (5).
* * * * *
    (c) * * *
    (4) Before December 30, 2020, for each existing source (and for 
each new or reconstructed source for which construction or 
reconstruction commenced on or before September 9, 2019), if you had a 
startup, shutdown, or malfunction during the reporting period and you 
took actions consistent with your SSM plan, the compliance report must 
include the information in Sec.  63.10(d)(5)(i). After December 29, 
2020, you are no longer required to report the information in Sec.  
63.10(d)(5)(i). No SSM plan is required for any new or reconstruction 
source for which construction or reconstruction commenced after 
September 9, 2019.
* * * * *
    (e) For each deviation from an emission limit or operating limit 
occurring at an affected source where you are using a CMS to 
demonstrate continuous compliance with the emission limit or operating 
limit in this subpart (see Tables 5 and 6 to this subpart), you must 
include the information in paragraphs (c)(1) through (4) and (e)(1) 
through (14) of this section. This includes periods of SSM.
* * * * *
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
* * * * *
    (14) An estimate of the quantity of each regulated pollutant 
emitted over any emission limit, and a description of the method used 
to estimate the emissions.
* * * * *
    (g) If you are required to submit notifications or reports 
following the procedure specified in this paragraph, you must submit 
notifications or reports to the EPA via the Compliance and Emissions 
Data Reporting Interface (CEDRI), which can be accessed through the 
EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). Notifications 
must be submitted as PDFs to CEDRI. You must use the semi-annual 
compliance report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates 
become available will be listed on the CEDRI website. The semi-annual 
compliance report must be submitted by the deadline specified in this 
subpart, regardless of the method in which the report is submitted. If 
you claim some of the information required to be submitted via CEDRI is 
confidential business information (CBI), submit a complete report, 
including information claimed to be CBI, to the EPA. The report must be 
generated using the appropriate form on the CEDRI website. Submit the 
file on a compact disc, flash drive, or other commonly used electronic 
storage medium and clearly mark the medium as CBI. Mail the electronic 
medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted must be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (h) Within 60 days after the date of completing each performance 
test required by this subpart, you must submit the results of the 
performance test following the procedures specified in paragraphs 
(h)(1) through (3) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via CEDRI, which can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the extensible markup 
language (XML) schema listed on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment 
in the ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the ERT generated 
package or alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the information submitted under this paragraph (h) is CBI, you must 
submit a complete file, including information claimed to be CBI, to the 
EPA. The file must be generated through the use of the EPA's ERT or an 
alternate electronic file consistent with the XML schema listed on the 
EPA's ERT website. Submit the file on a compact disc, flash drive, or 
other commonly used electronic storage medium and clearly mark the 
medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described in 
paragraph (h) of this section.
    (i) Within 60 days after the date of completing each CMS 
performance evaluation (as defined in Sec.  63.2), you must submit the 
results of the performance evaluation following the procedures 
specified in paragraphs (i)(1) through (3) of this section.
    (1) Performance evaluations of CMS measuring relative accuracy test 
audit (RATA) pollutants that are supported by the EPA's ERT as listed 
on the EPA's ERT website at the time of the evaluation. Submit the 
results of the performance evaluation to the EPA via CEDRI, which can 
be accessed through the EPA's CDX. The data must be submitted in a file 
format generated through the use of the EPA's ERT. Alternatively, you 
may submit an electronic file consistent with the XML schema listed on 
the EPA's ERT website.
    (2) Performance evaluations of CMS measuring RATA pollutants that 
are not supported by the EPA's ERT as listed on the EPA's ERT website 
at the time of the evaluation. The results of the performance 
evaluation must be included as an attachment in the ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the ERT generated package or alternative file to the 
EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the information submitted under this paragraph (i) is CBI, you must 
submit a complete file, including information claimed to be CBI, to the 
EPA. The file must be generated through the use of the EPA's ERT or an 
alternate electronic file consistent with the XML schema listed on the 
EPA's ERT website. Submit the file on a compact disc, flash drive, or

[[Page 39997]]

other commonly used electronic storage medium and clearly mark the 
medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described in this 
paragraph (i).
    (j) If you are required to electronically submit a report or 
notification through CEDRI in the EPA's CDX, you may assert a claim of 
EPA system outage for failure to timely comply with the reporting 
requirement. To assert a claim of EPA system outage, you must meet the 
requirements outlined in paragraphs (j)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI 
and submitting a required report within the time prescribed due to an 
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning 5 business days prior to the date that the submission is due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) A description of measures taken or to be taken to minimize 
the delay in reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (6) The decision to accept the claim of the EPA system outage and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (7) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (k) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to timely comply with the reporting requirement. To assert a 
claim of force majeure, you must meet the requirements outlined in 
paragraphs (k)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior 
to the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, 
its contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) A description of measures taken or to be taken to minimize 
the delay in reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

0
11. Section 63.5590 is amended by adding paragraph (e) to read as 
follows:


Sec.  63.5590  In what form and how long must I keep my records?

* * * * *
    (e) Any records required to be maintained by this part that are 
submitted electronically via EPA's CEDRI may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and 
reports available upon request to a delegated air agency or the EPA as 
part of an on-site compliance evaluation.

0
12. Table 2 to Subpart UUUU is revised to read as follows:

Table 2 to Subpart UUUU of Part 63--Operating Limits

    As required in Sec.  63.5505(b), you must meet the appropriate 
operating limits in the following table:

------------------------------------------------------------------------
  For the following control
       technique . . .                       you must . . .
------------------------------------------------------------------------
1. condenser.................  maintain the daily average condenser
                                outlet gas or condensed liquid
                                temperature no higher than the value
                                established during the compliance
                                demonstration.
2. thermal oxidizer..........  a. for periods of normal operation,
                                maintain the daily average thermal
                                oxidizer firebox temperature no lower
                                than the value established during the
                                compliance demonstration;
                               b. after December 29, 2020, for existing
                                sources (and new or reconstructed
                                sources for which construction or
                                reconstruction commenced on or before
                                September 9, 2019), and on July 2, 2020,
                                or immediately upon startup, whichever
                                is later for new or reconstructed
                                sources for which construction or
                                reconstruction commenced after September
                                9, 2019, maintain documentation for
                                periods of startup demonstrating that
                                the oxidizer was properly operating
                                (e.g., firebox temperature had reached
                                the setpoint temperature) prior to
                                emission unit startup.
3. water scrubber............  a. for periods of normal operation,
                                maintain the daily average scrubber
                                pressure drop and scrubber liquid flow
                                rate within the range of values
                                established during the compliance
                                demonstration;

[[Page 39998]]

 
                               b. after December 29, 2020, for existing
                                sources (and new or reconstructed
                                sources for which construction or,
                                reconstruction commenced on or before
                                September 9, 2019), and on July 2, 2020,
                                or immediately upon startup, whichever
                                is later for new or reconstructed
                                sources for which construction or
                                reconstruction commenced after September
                                9, 2019, maintain documentation for
                                periods of startup and shutdown to
                                confirm that the scrubber is operating
                                properly prior to emission unit startup
                                and continues to operate properly until
                                emission unit shutdown is complete.
                                Appropriate startup and shutdown
                                operating parameters may be based on
                                equipment design, manufacturer's
                                recommendations, or other site-specific
                                operating values established for normal
                                operating periods.
4. caustic scrubber..........  a. for periods of normal operation,
                                maintain the daily average scrubber
                                pressure drop, scrubber liquid flow
                                rate, and scrubber liquid pH,
                                conductivity, or alkalinity within the
                                range of values established during the
                                compliance demonstration;
                               b. after December 29, 2020, for existing
                                sources (and new or reconstructed
                                sources for which construction or
                                reconstruction commenced on or before
                                September 9, 2019), and on July 2, 2020,
                                or immediately upon startup, whichever
                                is later for new or reconstructed
                                sources for which construction or
                                reconstruction commenced after September
                                9, 2019, maintain documentation for
                                periods of startup and shutdown to
                                confirm that the scrubber is operating
                                properly prior to emission unit startup
                                and continues to operate properly until
                                emission unit shutdown is complete.
                                Appropriate startup and shutdown
                                operating parameters may be based on
                                equipment design, manufacturer's
                                recommendations, or other site-specific
                                operating values established for normal
                                operating periods.
5. flare.....................  maintain the presence of a pilot flame.
6. biofilter.................  maintain the daily average biofilter
                                inlet gas temperature, biofilter
                                effluent pH or conductivity, and
                                pressure drop within the operating
                                values established during the compliance
                                demonstration.
7. carbon absorber...........  maintain the regeneration frequency,
                                total regeneration adsorber stream mass
                                or volumetric flow during carbon bed
                                regeneration, and temperature of the
                                carbon bed after regeneration (and
                                within 15 minutes of completing any
                                cooling cycle(s)) for each regeneration
                                cycle within the values established
                                during the compliance demonstration.
8. oil absorber..............  maintain the daily average absorption
                                liquid flow, absorption liquid
                                temperature, and steam flow within the
                                values established during the compliance
                                demonstration.
9. any of the control          if using a CEMS, maintain the daily
 techniques specified in this   average control efficiency of each
 table.                         control device no lower than the value
                                established during the compliance
                                demonstration.
10. any of the control         a. if you wish to establish alternative
 techniques specified in this   operating parameters, submit the
 table.                         application for approval of the
                                alternative operating parameters no
                                later than the notification of the
                                performance test or CEMS performance
                                evaluation or no later than 60 days
                                prior to any other initial compliance
                                demonstration;
                               b. the application must include:
                                Information justifying the request for
                                alternative operating parameters (such
                                as the infeasibility or impracticality
                                of using the operating parameters in
                                this final rule); a description of the
                                proposed alternative control device
                                operating parameters; the monitoring
                                approach; the frequency of measuring and
                                recording the alternative parameters;
                                how the operating limits are to be
                                calculated; and information documenting
                                that the alternative operating
                                parameters would provide equivalent or
                                better assurance of compliance with the
                                standard;
                               c. install, operate, and maintain the
                                alternative parameter monitoring systems
                                in accordance with the application
                                approved by the Administrator;
                               d. establish operating limits during the
                                initial compliance demonstration based
                                on the alternative operating parameters
                                included in the approved application;
                                and
                               e. maintain the daily average alternative
                                operating parameter values within the
                                values established during the compliance
                                demonstration.
11. alternative control        a. submit for approval no later than the
 technique.                     notification of the performance test or
                                CEMS performance evaluation or no later
                                than 60 days prior to any other initial
                                compliance demonstration a proposed site-
                                specific plan that includes: A
                                description of the alternative control
                                device; test results verifying the
                                performance of the control device; the
                                appropriate operating parameters that
                                will be monitored; and the frequency of
                                measuring and recording to establish
                                continuous compliance with the operating
                                limits;
                               b. install, operate, and maintain the
                                parameter monitoring system for the
                                alternative control device in accordance
                                with the plan approved by the
                                Administrator;
                               c. establish operating limits during the
                                initial compliance demonstration based
                                on the operating parameters for the
                                alternative control device included in
                                the approved plan; and
                               d. maintain the daily average operating
                                parameter values for the alternative
                                control technique within the values
                                established during the compliance
                                demonstration.
------------------------------------------------------------------------


0
13. Table 3 to Subpart UUUU is revised to read as follows:

Table 3 to Subpart UUUU of Part 63--Initial Compliance With Emission 
Limits and Work Practice Standards

    As required in Sec. Sec.  63.5530(a) and 63.5535(g) and (h), you 
must demonstrate initial compliance with the appropriate emission 
limits and work practice standards according to the requirements in the 
following table:

[[Page 39999]]



----------------------------------------------------------------------------------------------------------------
                                           for the following emission limit      you have demonstrated initial
      For . . .            at . . .         or work practice standard . . .           compliance if . . .
----------------------------------------------------------------------------------------------------------------
1. the sum of all     a. each existing    i. reduce total uncontrolled        (1) the average uncontrolled total
 viscose process       cellulose food      sulfide emissions (reported as      sulfide emissions, determined
 vents                 casing operation    carbon disulfide) by at least 25    during the month-long compliance
                                           percent based on a 6-month          demonstration or using
                                           rolling average;                    engineering assessments, are
                                          ii. for each vent stream that you    reduced by at least 25 percent;
                                           control using a control device,    (2) you have a record of the range
                                           route the vent stream through a     of operating parameter values
                                           closed-vent system to the control   over the month-long compliance
                                           device; and                         demonstration during which the
                                          iii. comply with the work practice   average uncontrolled total
                                           standard for closed-vent systems    sulfide emissions were reduced by
                                                                               at least 25 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of total sulfide
                                                                               emissions; and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.
                      b. each new         i. reduce total uncontrolled        (1) the average uncontrolled total
                       cellulose food      sulfide emissions (reported as      sulfide emissions, determined
                       casing operation    carbon disulfide) by at least 75    during the month-long compliance
                                           percent based on a 6-month          demonstration or using
                                           rolling average;                    engineering assessments, are
                                          ii. for each vent stream that you    reduced by at least 75 percent;
                                           control using a control device,    (2) you have a record of the range
                                           route the vent stream through a     of operating parameter values
                                           closed-vent system to the control   over the month-long compliance
                                           device; and                         demonstration during which the
                                          iii. comply with the work practice   average uncontrolled total
                                           standard for closed-vent systems.   sulfide emissions were reduced by
                                                                               at least 75 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of total sulfide
                                                                               emissions; and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.
                      c. each existing    i. reduce total uncontrolled        (1) the average uncontrolled total
                       rayon operation     sulfide emissions (reported as      sulfide emissions, determined
                                           carbon disulfide) by at least 35    during the month-long compliance
                                           percent within 3 years after the    demonstration or using
                                           effective date based on a 6-month   engineering assessments, are
                                           rolling average; for each vent      reduced by at least 35 percent
                                           stream that you control using a     within 3 years after the
                                           control device, route the vent      effective date;
                                           stream through a closed-vent       (2) you have a record of the
                                           system to the control device; and   average operating parameter
                                           comply with the work practice       values over the month-long
                                           standard for closed-vent systems;   compliance demonstration during
                                           and                                 which the average uncontrolled
                                                                               total sulfide emissions were
                                                                               reduced by at least 35 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of total sulfide
                                                                               emissions; and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems; and
                      ..................  ii. reduce total uncontrolled       (1) the average uncontrolled total
                                           sulfide emissions (reported as      sulfide emissions, determined
                                           carbon disulfide) by at least 40    during the month-long compliance
                                           percent within 8 years after the    demonstration or using
                                           effective date based on a 6-month   engineering assessments, are
                                           rolling average; for each vent      reduced by at least 40 percent
                                           stream that you control using a     within 8 years after the
                                           control device, route the vent      effective date;
                                           stream through a closed-vent       (2) you have a record of the
                                           system to the control device; and   average operating parameter
                                           comply with the work practice       values over the month-long
                                           standard for closed-vent systems.   compliance demonstration during
                                                                               which the average uncontrolled
                                                                               total sulfide emissions were
                                                                               reduced by at least 40 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of the total sulfide
                                                                               emissions; and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.

[[Page 40000]]

 
                      d. each new rayon   i. reduce total uncontrolled        (1) the average uncontrolled total
                       operation           sulfide emissions (reported as      sulfide emissions, determined
                                           carbon disulfide) by at least 75    during the month-long compliance
                                           percent; based on a 6-month         demonstration or using
                                           rolling average;                    engineering assessments, are
                                          ii. for each vent stream that you    reduced by at least 75 percent;
                                           control using a control device,    (2) you have a record of the
                                           route the vent stream through a     average operating parameter
                                           closed-vent system to the control   values over the month-long
                                           device; and                         compliance demonstration during
                                          iii. comply with the work practice   which the average uncontrolled
                                           standard for closed-vent systems.   total sulfide emissions were
                                                                               reduced by at least 75 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of total sulfide
                                                                               missions; and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.
                      e. each existing    i. reduce total uncontrolled        (1) the average uncontrolled total
                       or new cellulosic   sulfide emissions (reported as      sulfide emissions, determined
                       sponge operation    carbon disulfide) by at least 75    during the month-long compliance
                                           percent based on a 6-month          demonstration or using
                                           rolling average;                    engineering assessments, are
                                          ii. for each vent stream that you    reduced by at least 75 percent;
                                           control using a control device,    (2) you have a record of the
                                           route the vent stream through a     average operating parameter
                                           closed-vent system to the control   values over the month-long
                                           device; and                         compliance demonstration during
                                          iii. comply with the work practice   which the average uncontrolled
                                           standard for closed-vent systems.   total sulfide emissions were
                                                                               reduced by at least 75 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine and the percent
                                                                               reduction of total sulfide
                                                                               emissions; and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.
                      f. each existing    i. reduce total uncontrolled        (1) the average uncontrolled total
                       or new cellophane   sulfide emissions (reported as      sulfide emissions, determined
                       operation           carbon disulfide) by at least 75    during the month-long compliance
                                           percent based on a 6-month          demonstration or using
                                           rolling average;                    engineering assessments, are
                                          ii. for each vent stream that you    reduced by at least 75 percent;
                                           control using a control device     (2) you have a record of the
                                           (except for retractable hoods       average operating parameter
                                           over sulfuric acid baths at a       values over the month-long
                                           cellophane operation), route the    compliance demonstration during
                                           vent stream through a closed-vent   which the average uncontrolled
                                           system to the control device; and   total sulfide emissions were
                                          iii. comply with the work practice   reduced by at least 75 percent;
                                           standard for closed-vent systems.  (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of total sulfide
                                                                               emissions; and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.
2. the sum of all     a. each existing    i. reduce uncontrolled toluene      (1) the average uncontrolled
 solvent coating       or new cellophane   emissions by at least 95 percent    toluene emissions, determined
 process vents         operation           based on a 6-month rolling          during the month-long compliance
                                           average;                            demonstration or using
                                          ii. for each vent stream that you    engineering assessments, are
                                           control using a control device,     reduced by at least 95 percent;
                                           route the vent stream through a    (2) you have a record of the
                                           closed-vent system to the control   average operating parameter
                                           device; and                         values over the month-long
                                          iii. comply with the work practice   compliance demonstration during
                                           standard for closed-vent systems.   which the average uncontrolled
                                                                               toluene emissions were reduced by
                                                                               at least 95 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of toluene emissions;
                                                                               and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.

[[Page 40001]]

 
3. the sum of all     a. each existing    i. reduce total uncontrolled        (1) average uncontrolled total
 cellulose ether       or new cellulose    organic HAP emissions by at least   organic HAP emissions, measured
 process vents         ether operation     99 percent;                         during the performance test or
                       using a            ii. for each vent stream that you    determined using engineering
                       performance test    control using a control device,     estimates are reduced by at least
                       to demonstrate      route the vent stream through a     99 percent;
                       initial             closed-vent system to the control  (2) you have a record of the
                       compliance; or      device; and                         average operating parameter
                                          iii. comply with the work practice   values over the performance test
                                           standard for closed-vent systems.   during which the average
                                                                               uncontrolled total organic HAP
                                                                               emissions were reduced by at
                                                                               least 99 percent; and
                                                                              (3) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.
                      b. each existing    i. reduce total uncontrolled        (1) average uncontrolled total
                       or new cellulose    organic HAP emissions by at least   organic HAP emissions, determined
                       ether operation     99 percent based on a 6-month       during the month-long compliance
                       using a material    rolling average;                    demonstration or using
                       balance            ii. for each vent stream that you    engineering estimates are reduced
                       compliance          control using a control device,     by at least 99 percent;
                       demonstration to    route the vent stream through a    (2) you have a record of the
                       demonstrate         closed-vent system to the control   average operation parameter
                       initial             device; and                         values over the month-long
                       compliance         iii. comply with the work practice   compliance demonstration during
                                           standard for closed-vent systems.   which the average uncontrolled
                                                                               total organic HAP emissions were
                                                                               reduced by at least 99 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of total organic HAP
                                                                               emissions;
                                                                              (4) if you use extended cookout to
                                                                               comply, you measure the HAP
                                                                               charged to the reactor, record
                                                                               the grade of product produced,
                                                                               and then calculate reactor
                                                                               emissions prior to extended
                                                                               cookout by taking a percentage of
                                                                               the total HAP charged.
4. closed-loop        each existing or    operate and maintain the closed-    you have a record certifying that
 systems               new cellulose       loop system for cellulose ether     a closed-loop system is in use
                       ether operation     operations.                         for cellulose ether operations.
5. each carbon        a. each existing    i. reduce uncontrolled carbon       (1) you have a record documenting
 disulfide unloading   or new viscose      disulfide emissions by at least     the 83-percent reduction in
 and storage           process affected    83 percent from unloading and       uncontrolled carbon disulfide
 operation             source              storage operations based on a 6-    emissions; and
                                           month rolling average if you use   (2) if venting to a control device
                                           an alternative control technique    to reduce emissions, you comply
                                           not listed in this table for        with the initial compliance
                                           carbon disulfide unloading and      requirements for closed-vent
                                           storage operations; if using a      systems;
                                           control device to reduce
                                           emissions, route emissions
                                           through a closed-vent system to
                                           the control device; and comply
                                           with the work practice standard
                                           for closed-vent systems;
                                          ii. reduce uncontrolled carbon      (1) you comply with the initial
                                           disulfide by at least 0.14          compliance requirements for
                                           percent from viscose process        viscose process vents at existing
                                           vents based on a 6-month rolling    or new cellulose food casing,
                                           average; for each vent stream       rayon, cellulosic sponge, or
                                           that you control using a control    cellophane operations, as
                                           device, route the vent stream       applicable;
                                           through a closed-vent system to    (2) the 0.14-percent reduction
                                           the control device; and comply      must be in addition to the
                                           with the work practice standard     reduction already required for
                                           for closed-vent systems;            viscose process vents at existing
                                                                               or new cellulose food casing,
                                                                               rayon, cellulosic sponge, or
                                                                               cellophane operations, as
                                                                               applicable; and
                                                                              (3) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems;
                                          iii. install a nitrogen unloading   you have a record certifying that
                                           and storage system; or              a nitrogen unloading and storage
                                                                               system is in use; or

[[Page 40002]]

 
                                          iv. install a nitrogen unloading    (1) you have a record certifying
                                           system; reduce uncontrolled         that a nitrogen unloading system
                                           carbon disulfide by at least        is in use;
                                           0.045 percent from viscose         (2) you comply with the initial
                                           process vents based on a 6-month    compliance requirements for
                                           rolling average; for each vent      viscose process vents at existing
                                           stream that you control using a     or new cellulose food casing,
                                           control device, route the vent      rayon, cellulosic sponge, or
                                           stream through a closed-vent        cellophane operations, as
                                           system to the control device; and   applicable;
                                           comply with the work practice      (3) the 0.045-percent reduction
                                           standard for closed-vent systems.   must be in addition to the
                                                                               reduction already required for
                                                                               viscose process vents at
                                                                               cellulose food casing, rayon,
                                                                               cellulosic sponge, or cellophane
                                                                               operations, as applicable; and
                                                                              (4) you comply with the initial
                                                                               compliance requirements for
                                                                               closed-vent systems.
6. each toluene       a. each existing    i. reduce uncontrolled toluene      (1) the average uncontrolled
 storage vessel        or new cellophane   emissions by at least 95 percent    toluene emissions, determined
                       operation           based on a 6-month rolling          during the month-long compliance
                                           average;                            demonstration or using
                                          ii. if using a control device to     engineering assessments, are
                                           reduce emissions, route the         reduced by at least 95 percent;
                                           emissions through a closed-vent    (2) you have a record of the
                                           system to the control device; and   average operating parameter
                                          iii. comply with the work practice   values over the month-long
                                           standard for closed-vent systems.   compliance demonstration during
                                                                               which the average uncontrolled
                                                                               toluene emissions were reduced by
                                                                               at least 95 percent;
                                                                              (3) you prepare a material balance
                                                                               that includes the pertinent data
                                                                               used to determine the percent
                                                                               reduction of toluene emissions;
                                                                               and
                                                                              (4) if venting to a control device
                                                                               to reduce emissions, you comply
                                                                               with the initial compliance
                                                                               requirements for closed-vent
                                                                               systems.
7. equipment leaks    a. each existing    i. comply with the applicable       you comply with the applicable
                       or new cellulose    equipment leak standards of Sec.    requirements described in the
                       ether operation     Sec.   63.162 through 63.179; or    Notification of Compliance Status
                                                                               Report provisions in Sec.
                                                                               63.182(a)(2) and (c)(1) through
                                                                               (3), except that references to
                                                                               the term ``process unit'' mean
                                                                               ``cellulose ether process unit''
                                                                               for the purposes of this subpart;
                                                                               or
                                          ii. comply with the applicable      you comply with the applicable
                                           equipment leak standards of Sec.    requirements described in the
                                           Sec.   63.1021 through 63.1027.     Initial Compliance Status Report
                                                                               provisions of Sec.   63.1039(a),
                                                                               except that references to the
                                                                               term ``process unit'' mean
                                                                               ``cellulose ether process unit''
                                                                               for the purposes of this subpart.
8. all sources of     each existing or    comply with the applicable          you comply with the applicability
 wastewater            new cellulose       wastewater provisions of Sec.       and Group 1/Group 2 determination
 emissions             ether operation     63.105 and Sec.  Sec.   63.132      provisions of Sec.   63.144 and
                                           through 63.140.                     the initial compliance provisions
                                                                               of Sec.  Sec.   63.105 and
                                                                               63.145.
9. liquid streams in  each existing or    comply with the applicable          you install emission suppression
 open systems          new cellulose       provisions of Sec.   63.149,        equipment and conduct an initial
                       ether operation     except that references to           inspection according to the
                                           ``chemical manufacturing process    provisions of Sec.  Sec.   63.133
                                           unit'' mean ``cellulose ether       through 63.137.
                                           process unit'' for the purposes
                                           of this subpart.
10. closed-vent       a. each existing    i. conduct annual inspections,      (1) you conduct an initial
 system used to        or new affected     repair leaks, and maintain          inspection of the closed-vent
 route emissions to    source              records as specified in Sec.        system and maintain records
 a control device                          63.148.                             according to Sec.   63.148;
                                                                              (2) you prepare a written plan for
                                                                               inspecting unsafe-to-inspect and
                                                                               difficult-to-inspect equipment
                                                                               according to Sec.   63.148(g)(2)
                                                                               and (h)(2); and
                                                                              (3) you repair any leaks and
                                                                               maintain records according to
                                                                               Sec.   63.148.

[[Page 40003]]

 
11. closed-vent       a. each existing    i. install, calibrate, maintain,    you have a record documenting that
 system containing a   or new affected     and operate a flow indicator as     you installed a flow indicator as
 bypass line that      source              specified in Sec.   63.148(f)(1);   specified in Table 1 to this
 could divert a vent                       or                                  subpart; or
 stream away from a
 control device,
 except for
 equipment needed
 for safety purposes
 (described in Sec.
  63.148(f)(3))
                      ..................  ii. secure the bypass line valve    you have record documenting that
                                           in the closed position with a car-  you have secured the bypass line
                                           seal or lock-and-key type           valve as specified in Table 1 to
                                           configuration and inspect the       this subpart.
                                           seal or closure mechanism at
                                           least once per month as specified
                                           in Sec.   63.148(f)(2)
12. heat exchanger    a. each existing    i. monitor and repair the heat      (1) you determine that the heat
 system that cools     or new affected     exchanger system according to       exchanger system is exempt from
 process equipment     source              Sec.   63.104(a) through (e),       monitoring requirements because
 or materials in the                       except that references to           it meets one of the conditions in
 process unit                              ``chemical manufacturing process    Sec.   63.104(a)(1) through (6),
                                           unit'' mean ``cellulose food        and you document this finding in
                                           casing, rayon, cellulosic sponge,   your Notification of Compliance
                                           cellophane, or cellulose ether      Status Report; or
                                           process unit'' for the purposes    (2) if your heat exchanger system
                                           of this subpart.                    is not exempt, you identify in
                                                                               your Notification of Compliance
                                                                               Status Report the HAP or other
                                                                               representative substance that you
                                                                               will monitor, or you prepare and
                                                                               maintain a site-specific plan
                                                                               containing the information
                                                                               required by Sec.
                                                                               63.104(c)(1)(i) through (iv) that
                                                                               documents the procedures you will
                                                                               use to detect leaks by monitoring
                                                                               surrogate indicators of the leak.
----------------------------------------------------------------------------------------------------------------


0
14. Table 4 to Subpart UUUU is revised to read as follows:

Table 4 to Subpart UUUU of Part 63--Requirements for Performance Tests

    As required in Sec. Sec.  63.5530(b) and 63.5535(a), (b), (g)(1), 
and (h)(1), you must conduct performance tests, other initial 
compliance demonstrations, and CEMS performance evaluations and 
establish operating limits according to the requirements in the 
following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 according to the following requirements
              For . . .                      at . . .              you must . . .            using . . .                          . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. the sum of all process vents.....  a. each existing or     i. select sampling       EPA Method 1 or 1A in    sampling sites must be located at the
                                       new affected source.    port's location and      appendix A-1 to part     inlet and outlet to each control
                                                               the number of traverse   60 of this chapter;      device;
                                                               points;
                                                              ii. determine velocity   EPA Method 2, 2A, 2C,    you may use EPA Method 2A, 2C, 2D, 2F,
                                                               and volumetric flow      2D, 2F, or 2G in         or 2G as an alternative to using EPA
                                                               rate;                    appendices A-1 and A-2   Method 2, as appropriate;
                                                                                        to part 60 of this
                                                                                        chapter;
                                                              iii. conduct gas         (1) EPA Method 3, 3A,    you may use EPA Method 3A or 3B as an
                                                               analysis; and,           or 3B in appendix A-2    alternative to using EPA Method 3; or,
                                                                                        to part 60 of this
                                                                                        chapter; or,
                                                              .......................  (2) ASME PTC 19.10-      you may use ASME PTC 19.10-1981--Part 10
                                                                                        1981--Part 10            as an alternative to using the manual
                                                                                        (incorporated by         procedures (but not instrumental
                                                                                        reference--see Sec.      procedures) in EPA Method 3B.
                                                                                        63.14); and,
                                                              iv. measure moisture     EPA Method 4 in
                                                               content of the stack     appendix A-3 to part
                                                               gas.                     60 of this chapter.

[[Page 40004]]

 
2. the sum of all viscose process     a. each existing or     i. measure total         (1) EPA Method 15 in     (a) you must conduct testing of
 vents.                                new viscose process     sulfide emissions.       appendix A-5 to part     emissions at the inlet and outlet of
                                       source.                                          60 of this chapter; or   each control device;
                                                                                                                (b) you must conduct testing of
                                                                                                                 emissions from continuous viscose
                                                                                                                 process vents and combinations of batch
                                                                                                                 and continuous viscose process vents at
                                                                                                                 normal operating conditions, as
                                                                                                                 specified in Sec.   63.5535;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from batch viscose process
                                                                                                                 vents as specified in Sec.   63.490(c),
                                                                                                                 except that the emission reductions
                                                                                                                 required for process vents under this
                                                                                                                 subpart supersede the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under subpart U of this part; and
                                                                                                                (d) you must collect CPMS data during
                                                                                                                 the period of the initial compliance
                                                                                                                 demonstration and determine the CPMS
                                                                                                                 operating limit during the period of
                                                                                                                 the initial compliance demonstration.
                                                              .......................  (2) carbon disulfide     (a) you must measure emissions at the
                                                                                        and/or hydrogen          inlet and outlet of each control device
                                                                                        sulfide CEMS, as         using CEMS;
                                                                                        applicable;             (b) you must install, operate, and
                                                                                                                 maintain the CEMS according to the
                                                                                                                 applicable performance specification
                                                                                                                 (PS-7, PS-8, PS-9, or PS-15) of
                                                                                                                 appendix B to part 60 of this chapter;
                                                                                                                 and
                                                                                                                (c) you must collect CEMS emissions data
                                                                                                                 at the inlet and outlet of each control
                                                                                                                 device during the period of the initial
                                                                                                                 compliance demonstration and determine
                                                                                                                 the CEMS operating limit during the
                                                                                                                 period of the initial compliance
                                                                                                                 demonstration.
3. the sum of all solvent coating     a. each existing or     i. measure toluene       (1) EPA Method 18 in     (a) you must conduct testing of
 process vents.                        new cellophane          emissions.               appendix A-6 to part     emissions at the inlet and outlet of
                                       operation.                                       60 of this chapter, or   each control device;
                                                                                        Method 320 in appendix  (b) you may use EPA Method 18 or 320 to
                                                                                        A to part 63; or         determine the control efficiency of any
                                                                                                                 control device for organic compounds;
                                                                                                                 for a combustion device, you must use
                                                                                                                 only HAP that are present in the inlet
                                                                                                                 to the control device to characterize
                                                                                                                 the percent reduction across the
                                                                                                                 combustion device;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous solvent
                                                                                                                 coating process vents and combinations
                                                                                                                 of batch and continuous solvent coating
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch solvent coating
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial compliance
                                                                                                                 demonstration and determine the CPMS
                                                                                                                 operating limit during the initial
                                                                                                                 compliance demonstration.

[[Page 40005]]

 
                                                              .......................  (2) ASTM D6420-99        (a) you must conduct testing of
                                                                                        (Reapproved 2010)        emissions at the inlet and outlet of
                                                                                        (incorporated by         each control device;
                                                                                        reference--see Sec.     (b) you may use ASTM D6420-99
                                                                                        63.14); or               (Reapproved 2010) as an alternative to
                                                                                                                 EPA Method 18 only where: The target
                                                                                                                 compound(s) are known and are listed in
                                                                                                                 ASTM D6420 as measurable; this ASTM
                                                                                                                 should not be used for methane and
                                                                                                                 ethane because their atomic mass is
                                                                                                                 less than 35; ASTM D6420 should never
                                                                                                                 be specified as a total VOC method;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous solvent
                                                                                                                 coating process vents and combinations
                                                                                                                 of batch and continuous solvent coating
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch solvent coating
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial compliance
                                                                                                                 demonstration and determine the CPMS
                                                                                                                 operating limit during the period of
                                                                                                                 the initial compliance demonstration.

[[Page 40006]]

 
                                                              .......................  (3) ASTM D6348-12e1      (a) you must conduct testing of
                                                                                        (incorporated by         emissions at the inlet and outlet of
                                                                                        reference--see Sec.      each control device;
                                                                                        63.14).                 (b) you may use ASTM D6348-12e1 as an
                                                                                                                 alternative to EPA Method 320 only
                                                                                                                 where the following conditions are met:
                                                                                                                 (1) The test plan preparation and
                                                                                                                 implementation in the Annexes to ASTM D
                                                                                                                 6348-03, Sections A1 through A8 are
                                                                                                                 mandatory; and (2) in ASTM D6348-03
                                                                                                                 Annex A5 (Analyte Spiking Technique),
                                                                                                                 the percent recovery (%R) must be
                                                                                                                 determined for each target analyte
                                                                                                                 (Equation A5.5). In order for the test
                                                                                                                 data to be acceptable for a compound,
                                                                                                                 %R must be greater than or equal to 70
                                                                                                                 percent and less than or equal to 130
                                                                                                                 percent. If the %R value does not meet
                                                                                                                 this criterion for a target compound,
                                                                                                                 the test data are not acceptable for
                                                                                                                 that compound and the test must be
                                                                                                                 repeated for that analyte (i.e., the
                                                                                                                 sampling and/or analytical procedure
                                                                                                                 should be adjusted before a retest).
                                                                                                                 The %R value for each compound must be
                                                                                                                 reported in the test report, and all
                                                                                                                 field measurements must be corrected
                                                                                                                 with the calculated %R value for that
                                                                                                                 compound by using the following
                                                                                                                 equation: Reported Results = ((Measured
                                                                                                                 Concentration in the Stack)/(%R)) x
                                                                                                                 100. ASTM D6348-03 is incorporated by
                                                                                                                 reference, see Sec.   63.14.
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous solvent
                                                                                                                 coating process vents and combinations
                                                                                                                 of batch and continuous solvent coating
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch solvent coating
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial compliance
                                                                                                                 demonstration and determine the CPMS
                                                                                                                 operating limit during the period of
                                                                                                                 the initial compliance demonstration.

[[Page 40007]]

 
4. the sum of all cellulose ether     a. each existing or     i. measure total         (1) EPA Method 18 in     (a) you must conduct testing of
 process vents.                        new cellulose ether     organic HAP emissions.   appendix A-6 to part     emissions at the inlet and outlet of
                                       operation.                                       60 of this chapter or    each control device;
                                                                                        Method 320 in appendix  (b) you may use EPA Method 18 or 320 to
                                                                                        A to this part, or       determine the control efficiency of any
                                                                                                                 control device for organic compounds;
                                                                                                                 for a combustion device, you must use
                                                                                                                 only HAP that are present in the inlet
                                                                                                                 to the control device to characterize
                                                                                                                 the percent reduction across the
                                                                                                                 combustion device;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous cellulose
                                                                                                                 ether process vents and combinations of
                                                                                                                 batch and continuous cellulose ether
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch cellulose ether
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial performance
                                                                                                                 test and determine the CPMS operating
                                                                                                                 limit during the period of the initial
                                                                                                                 performance test.
                                                              .......................  (2) ASTM D6420-99        (a) you must conduct testing of
                                                                                        (Reapproved 2010); or    emissions at the inlet and outlet of
                                                                                                                 each control device;
                                                                                                                (b) you may use ASTM D6420-99
                                                                                                                 (Reapproved 2010) as an alternative to
                                                                                                                 EPA Method 18 only where: The target
                                                                                                                 compound(s) are known and are listed in
                                                                                                                 ASTM D6420 as measurable; this ASTM
                                                                                                                 should not be used for methane and
                                                                                                                 ethane because their atomic mass is
                                                                                                                 less than 35; ASTM D6420 should never
                                                                                                                 be specified as a total VOC method;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous cellulose
                                                                                                                 ether process vents and combinations of
                                                                                                                 batch and continuous cellulose ether
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch cellulose ether
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial performance
                                                                                                                 test and determine the CPMS operating
                                                                                                                 limit during the period of the initial
                                                                                                                 performance test.

[[Page 40008]]

 
                                                              .......................  (3) ASTM D6348-12e1.     (a) you must conduct testing of
                                                                                                                 emissions at the inlet and outlet of
                                                                                                                 each control device;
                                                                                                                (b) you may use ASTM D6348-12e1 as an
                                                                                                                 alternative to EPA Method 320 only
                                                                                                                 where the following conditions are met:
                                                                                                                 (1) The test plan preparation and
                                                                                                                 implementation in the Annexes to ASTM D
                                                                                                                 6348-03, Sections A1 through A8 are
                                                                                                                 mandatory; and (2) in ASTM D6348-03
                                                                                                                 Annex A5 (Analyte Spiking Technique),
                                                                                                                 the percent recovery (%R) must be
                                                                                                                 determined for each target analyte
                                                                                                                 (Equation A5.5). In order for the test
                                                                                                                 data to be acceptable for a compound,
                                                                                                                 %R must be greater than or equal to 70
                                                                                                                 percent and less than or equal to 130
                                                                                                                 percent. If the %R value does not meet
                                                                                                                 this criterion for a target compound,
                                                                                                                 the test data are not acceptable for
                                                                                                                 that compound and the test must be
                                                                                                                 repeated for that analyte (i.e., the
                                                                                                                 sampling and/or analytical procedure
                                                                                                                 should be adjusted before a retest).
                                                                                                                 The %R value for each compound must be
                                                                                                                 reported in the test report, and all
                                                                                                                 field measurements must be corrected
                                                                                                                 with the calculated %R value for that
                                                                                                                 compound by using the following
                                                                                                                 equation: Reported Results = ((Measured
                                                                                                                 Concentration in the Stack)/(%R)) x
                                                                                                                 100.
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous solvent
                                                                                                                 coating process vents and combinations
                                                                                                                 of batch and continuous solvent coating
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch solvent coating
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial compliance
                                                                                                                 demonstration and determine the CPMS
                                                                                                                 operating limit during the period of
                                                                                                                 the initial compliance demonstration.
                                                              .......................  (4) EPA Method 25 in     (a) you must conduct testing of
                                                                                        appendix A-7 to part     emissions at the inlet and outlet of
                                                                                        60 of this chapter; or   each control device;
                                                                                                                (b) you may use EPA Method 25 to
                                                                                                                 determine the control efficiency of
                                                                                                                 combustion devices for organic
                                                                                                                 compounds; you may not use EPA Method
                                                                                                                 25 to determine the control efficiency
                                                                                                                 of noncombustion control devices;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous cellulose
                                                                                                                 ether process vents and combinations of
                                                                                                                 batch and continuous cellulose ether
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch cellulose ether
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial performance
                                                                                                                 test and determine the CPMS operating
                                                                                                                 limit during the period of the initial
                                                                                                                 performance test

[[Page 40009]]

 
                                                              .......................  (5) EPA Method 25A in    (a) you must conduct testing of
                                                                                        appendix A-7 to part     emissions at the inlet and outlet of
                                                                                        60 of this chapter.      each control device;
                                                                                                                (b) you may use EPA Method 25A if: An
                                                                                                                 exhaust gas volatile organic matter
                                                                                                                 concentration of 50 ppmv or less is
                                                                                                                 required in order to comply with the
                                                                                                                 emission limit; the volatile organic
                                                                                                                 matter concentration at the inlet to
                                                                                                                 the control device and the required
                                                                                                                 level of control are such as to result
                                                                                                                 in exhaust volatile organic matter
                                                                                                                 concentrations of 50 ppmv or less; or
                                                                                                                 because of the high control efficiency
                                                                                                                 of the control device, the anticipated
                                                                                                                 volatile organic matter concentration
                                                                                                                 at the control device exhaust is 50
                                                                                                                 ppmv or less, regardless of the inlet
                                                                                                                 concentration;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous cellulose
                                                                                                                 ether process vents and combinations of
                                                                                                                 batch and continuous cellulose ether
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch cellulose ether
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and,
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial performance
                                                                                                                 test and determine the CPMS operating
                                                                                                                 limit during the period of the initial
                                                                                                                 performance test.
5. each toluene storage vessel......  a. each existing or     i. measure toluene       (1) EPA Method 18 in     (a) if venting to a control device to
                                       new cellophane          emissions.               appendix A-6 to part     reduce emissions, you must conduct
                                       operation.                                       60 of this chapter or    testing of emissions at the inlet and
                                                                                        Method 320 in appendix   outlet of each control device;
                                                                                        A to this part; or      (b) you may use EPA Method 18 or 320 to
                                                                                                                 determine the control efficiency of any
                                                                                                                 control device for organic compounds;
                                                                                                                 for a combustion device, you must use
                                                                                                                 only HAP that are present in the inlet
                                                                                                                 to the control device to characterize
                                                                                                                 the percent reduction across the
                                                                                                                 combustion device;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous storage
                                                                                                                 vessel vents and combinations of batch
                                                                                                                 and continuous storage vessel vents at
                                                                                                                 normal operating conditions, as
                                                                                                                 specified in Sec.   63.5535 for
                                                                                                                 continuous process vents;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch storage vessel
                                                                                                                 vents as specified in Sec.   63.490(c)
                                                                                                                 for batch process vents, except that
                                                                                                                 the emission reductions required for
                                                                                                                 process vents under this subpart
                                                                                                                 supersede the emission reductions
                                                                                                                 required for process vents under
                                                                                                                 subpart U of this part; and,
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial compliance
                                                                                                                 demonstration and determine the CPMS
                                                                                                                 operating limit during the period of
                                                                                                                 the initial compliance demonstration.

[[Page 40010]]

 
                                                              .......................  (2) ASTM D6420-99; or    (a) if venting to a control device to
                                                                                                                 reduce emissions, you must conduct
                                                                                                                 testing of emissions at the inlet and
                                                                                                                 outlet of each control device;
                                                                                                                (b) you may use ASTM D6420-99
                                                                                                                 (Reapproved 2010) as an alternative to
                                                                                                                 EPA Method 18 only where: The target
                                                                                                                 compound(s) are known and are listed in
                                                                                                                 ASTM D6420 as measurable; this ASTM
                                                                                                                 should not be used for methane and
                                                                                                                 ethane because their atomic mass is
                                                                                                                 less than 35; ASTM D6420 should never
                                                                                                                 be specified as a total VOC method;
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous storage
                                                                                                                 vessel vents and combinations of batch
                                                                                                                 and continuous storage vessel vents at
                                                                                                                 normal operating conditions, as
                                                                                                                 specified in Sec.   63.5535 for
                                                                                                                 continuous process vents;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch storage vessel
                                                                                                                 vents as specified in Sec.   63.490(c)
                                                                                                                 for batch process vents, except that
                                                                                                                 the emission reductions required for
                                                                                                                 process vents under this subpart
                                                                                                                 supersede the emission reductions
                                                                                                                 required for process vents under
                                                                                                                 subpart U of this part; and,
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial compliance
                                                                                                                 demonstration and determine the CPMS
                                                                                                                 operating limit during the period of
                                                                                                                 the initial compliance demonstration.

[[Page 40011]]

 
                                                              .......................  (3) ASTM D6348-12e1.     (a) you must conduct testing of
                                                                                                                 emissions at the inlet and outlet of
                                                                                                                 each control device;
                                                                                                                (b) you may use ASTM D6348-12e1 as an
                                                                                                                 alternative to EPA Method 320 only
                                                                                                                 where the following conditions are met:
                                                                                                                 (1) The test plan preparation and
                                                                                                                 implementation in the Annexes to ASTM D
                                                                                                                 6348-03, Sections A1 through A8 are
                                                                                                                 mandatory; and (2) in ASTM D6348-03
                                                                                                                 Annex A5 (Analyte Spiking Technique),
                                                                                                                 the percent recovery (%R) must be
                                                                                                                 determined for each target analyte
                                                                                                                 (Equation A5.5). In order for the test
                                                                                                                 data to be acceptable for a compound,
                                                                                                                 %R must be greater than or equal to 70
                                                                                                                 percent and less than or equal to 130
                                                                                                                 percent. If the %R value does not meet
                                                                                                                 this criterion for a target compound,
                                                                                                                 the test data are not acceptable for
                                                                                                                 that compound and the test must be
                                                                                                                 repeated for that analyte (i.e., the
                                                                                                                 sampling and/or analytical procedure
                                                                                                                 should be adjusted before a retest).
                                                                                                                 The %R value for each compound must be
                                                                                                                 reported in the test report, and all
                                                                                                                 field measurements must be corrected
                                                                                                                 with the calculated %R value for that
                                                                                                                 compound by using the following
                                                                                                                 equation: Reported Results = ((Measured
                                                                                                                 Concentration in the Stack)/(%R)) x
                                                                                                                 100.
                                                                                                                (c) you must conduct testing of
                                                                                                                 emissions from continuous solvent
                                                                                                                 coating process vents and combinations
                                                                                                                 of batch and continuous solvent coating
                                                                                                                 process vents at normal operating
                                                                                                                 conditions, as specified in Sec.
                                                                                                                 63.5535;
                                                                                                                (d) you must conduct testing of
                                                                                                                 emissions from batch solvent coating
                                                                                                                 process vents as specified in Sec.
                                                                                                                 63.490(c), except that the emission
                                                                                                                 reductions required for process vents
                                                                                                                 under this subpart supersede the
                                                                                                                 emission reductions required for
                                                                                                                 process vents under subpart U of this
                                                                                                                 part; and
                                                                                                                (e) you must collect CPMS data during
                                                                                                                 the period of the initial compliance
                                                                                                                 demonstration and determine the CPMS
                                                                                                                 operating limit during the period of
                                                                                                                 the initial compliance demonstration.
6. the sum of all process vents       each existing or new    measure visible          EPA Method 22 in         you must conduct the flare visible
 controlled using a flare.             affected source.        emissions.               appendix A-7 to part     emissions test according to Sec.
                                                                                        60 of this chapter.      63.11(b).
7. equipment leaks..................  a. each existing or     i. measure leak rate.    (1) applicable           you must follow all requirements for the
                                       new cellulose ether                              equipment leak test      applicable equipment leak test methods
                                       operation.                                       methods in Sec.          in Sec.   63.180; or
                                                                                        63.180; or
                                                              .......................  (2) applicable           you must follow all requirements for the
                                                                                        equipment leak test      applicable equipment leak test methods
                                                                                        methods in Sec.          in Sec.   63.1023.
                                                                                        63.1023.
8. all sources of wastewater          a. each existing or     i. measure wastewater    (1) applicable           (a) You must follow all requirements for
 emissions.                            new cellulose ether     HAP emissions.           wastewater test          the applicable wastewater test methods
                                       operation.                                       methods and procedures   and procedures in Sec.  Sec.   63.144
                                                                                        in Sec.  Sec.   63.144   and 63.145; or
                                                                                        and 63.145; or

[[Page 40012]]

 
                                                              .......................  (2) applicable           (a) you must follow all requirements for
                                                                                        wastewater test          the applicable waste water test methods
                                                                                        methods and procedures   and procedures in Sec.  Sec.   63.144
                                                                                        in Sec.  Sec.   63.144   and 63.145, except that you may use
                                                                                        and 63.145, using ASTM   ASTM D5790-95 (Reapproved 2012) as an
                                                                                        D5790-95 (Reapproved     alternative to EPA Method 624, under
                                                                                        2012) (incorporated by   the condition that this ASTM method be
                                                                                        reference--see Sec.      used with the sampling procedures of
                                                                                        63.14) as an             EPA Method 25D or an equivalent method.
                                                                                        alternative to EPA
                                                                                        Method 624 in appendix
                                                                                        A to part 163 of this
                                                                                        chapter.
9. any emission point...............  a. each existing or     i. conduct a CEMS        (1) applicable           (a) you must conduct the CEMS
                                       new affected source     performance              requirements in Sec.     performance evaluation during the
                                       using a CEMS to         evaluation.              63.8 and applicable      period of the initial compliance
                                       demonstrate                                      performance              demonstration according to the
                                       compliance.                                      specification (PS-7,     applicable requirements in Sec.   63.8
                                                                                        PS-8, PS-9, or PS-15)    and the applicable performance
                                                                                        in appendix B to part    specification (PS-7, PS-8, PS-9, or PS-
                                                                                        60 of this chapter.      15) of 40 CFR part 60, appendix B;
                                                                                                                (b) you must install, operate, and
                                                                                                                 maintain the CEMS according to the
                                                                                                                 applicable performance specification
                                                                                                                 (PS-7, PS-8, PS-9, or PS-15) of 40 CFR
                                                                                                                 part 60, appendix B; and
                                                                                                                (c) you must collect CEMS emissions data
                                                                                                                 at the inlet and outlet of each control
                                                                                                                 device during the period of the initial
                                                                                                                 compliance demonstration and determine
                                                                                                                 the CEMS operating limit during the
                                                                                                                 period of the initial compliance
                                                                                                                 demonstration.
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
15. Table 5 to Subpart UUUU is revised to read as follows:

Table 5 to Subpart UUUU of Part 63--Continuous Compliance With Emission 
Limits and Work Practice Standards

    As required in Sec.  63.5555(a), you must demonstrate continuous 
compliance with the appropriate emission limits and work practice 
standards according to the requirements in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   for the following emission limit or work   you must demonstrate continuous compliance
               For . . .                        at . . .                    practice standard . . .                            by . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. the sum of all viscose process       a. each existing or new   i. reduce total uncontrolled sulfide        (1) maintaining a material balance that
 vents.                                  viscose process           emissions (reported as carbon disulfide)    includes the pertinent data used to
                                         affected source.          by at least the specified percentage        determine the percent reduction of total
                                                                   based on a 6-month rolling average;         sulfide emissions;
                                                                  ii. for each vent stream that you control   (2) documenting the percent reduction of
                                                                   using a control device (except for          total sulfide emissions using the
                                                                   retractable hoods over sulfuric acid        pertinent data from the material balance;
                                                                   baths at a cellophane operation), route     and
                                                                   the vent stream through a closed-vent      (3) complying with the continuous
                                                                   system to the control device; and           compliance requirements for closed-vent
                                                                  iii. comply with the work practice           systems.
                                                                   standard for closed-vent systems (except
                                                                   for retractable hoods over sulfuric acid
                                                                   baths at a cellophane operation)
2. the sum of all solvent coating       a. each existing or new   i. reduce uncontrolled toluene emissions    (1) maintaining a material balance that
 process vents.                          cellophane operation.     by at least 95 percent based on a 6-month   includes the pertinent data used to
                                                                   rolling average;                            determine the percent reduction of
                                                                  ii. for each vent stream that you control    toluene emissions;
                                                                   using a control device, route the vent     (2) documenting the percent reduction of
                                                                   stream through a closed-vent system to      toluene emissions using the pertinent
                                                                   the control device; and                     data from the material balance; and
                                                                  iii. comply with the work practice          (3) complying with the continuous
                                                                   standard for closed-vent systems.           compliance requirements for closed-vent
                                                                                                               systems.

[[Page 40013]]

 
3. the sum of all cellulose ether       a. each existing or new   i. reduce total uncontrolled organic HAP    (1) complying with the continuous
 process vents.                          cellulose ether           emissions by at least 99 percent;           compliance requirements for closed-vent
                                         operation using a        ii. for each vent stream that you control    systems; or
                                         performance test to       using a control device, route the vent     (2) if using extended cookout to comply,
                                         demonstrate initial       stream through a closed-vent system to      monitoring reactor charges and keeping
                                         compliance; or.           the control device; and,                    records to show that extended cookout was
                                                                  iii. comply with the work practice           employed.
                                                                   standard for closed-vent systems; or
                                        b. each existing or new   i. reduce total uncontrolled organic HAP    (1) maintaining a material balance that
                                         cellulose ether           emissions by at least 99 percent based on   includes the pertinent data used to
                                         operation using a         a 6-month rolling average;                  determine the percent reduction of total
                                         material balance         ii. for each vent stream that you control    organic HAP emissions;
                                         compliance                using a control device, route the vent     (2) documenting the percent reduction of
                                         demonstration to          stream through a closed-vent system to      total organic HAP emissions using the
                                         demonstrate initial       control device; and                         pertinent data from the material balance;
                                         compliance.              iii. comply with the work practice          (3) if using extended cookout to comply,
                                                                   standard for closed-vent systems.           monitoring reactor charges and keeping
                                                                                                               records to show that extended cookout was
                                                                                                               employed;
                                                                                                              (4) complying with the continuous
                                                                                                               compliance requirements for closed-vent
                                                                                                               systems.
4. closed-loop systems................  each existing or new      operate and maintain a closed-loop system.  keeping a record certifying that a closed-
                                         cellulose ether                                                       loop system is in use for cellulose ether
                                         operation.                                                            operations.
5. each carbon disulfide unloading and  a. each existing or new   i. reduce uncontrolled carbon disulfide     (1) keeping a record documenting the 83
 storage operation.                      viscose process           emissions by at least 83 percent based on   percent reduction in carbon disulfide
                                         affected source.          a 6-month rolling average if you use an     emissions; and
                                                                   alternative control technique not listed   (2) if venting to a control device to
                                                                   in this table for carbon disulfide          reduce emissions, complying with the
                                                                   unloading and storage operations; if        continuous compliance requirements for
                                                                   using a control device to reduce            closed-vent systems;
                                                                   emissions, route emissions through a
                                                                   closed-vent system to the control device;
                                                                   and comply with the work practice
                                                                   standard for closed-vent systems;
                                        ........................  ii. reduce total uncontrolled sulfide       (1) maintaining a material balance that
                                                                   emissions by at least 0.14 percent from     includes the pertinent data used to
                                                                   viscose process vents based on a 6-month    determine the percent reduction of total
                                                                   rolling average; for each vent stream       sulfide emissions;
                                                                   that you control using a control device,   (2) documenting the percent reduction of
                                                                   route the vent stream through a closed-     total sulfide emissions using the
                                                                   vent system to the control device; and      pertinent data from the material balance;
                                                                   comply with the work practice standard      and
                                                                   for closed-vent systems;                   (3) complying with the continuous
                                                                                                               compliance requirements for closed-vent
                                                                                                               systems;
                                        ........................  iii. install a nitrogen unloading and       Keeping a record certifying that a
                                                                   storage system; or                          nitrogen unloading and storage system is
                                                                                                               in use; or
                                        ........................  iv. install a nitrogen unloading system;    (1) keeping a record certifying that a
                                                                   reduce total uncontrolled sulfide           nitrogen unloading system is in use;
                                                                   emissions by at least 0.045 percent from   (2) maintaining a material balance that
                                                                   viscose process vents based on a 6-month    includes the pertinent data used to
                                                                   rolling average; for each vent stream       determine the percent reduction of total
                                                                   that you control using a control device,    sulfide emissions;
                                                                   route the vent stream through a closed-    (3) documenting the percent reduction of
                                                                   vent system to the control device; and      total sulfide emissions using the
                                                                   comply with the work practice standard      pertinent data from the material balance;
                                                                   for closed-vent systems.                    and
                                                                                                              (4) complying with the continuous
                                                                                                               compliance requirements for closed-vent
                                                                                                               systems.
6. each toluene storage vessel........  a. each existing or new   i. reduce uncontrolled toluene emissions    (1) maintaining a material balance that
                                         cellophane operation.     by at least 95 percent based on a 6-month   includes the pertinent data used to
                                                                   rolling average;                            determine the percent reduction of
                                                                  ii. if using a control device to reduce      toluene emissions;
                                                                   emissions, route the emissions through a   (2) documenting the percent reduction of
                                                                   closed-vent system to the control device;   toluene emissions using the pertinent
                                                                   and                                         data from the material balance; and
                                                                  iii. comply with the work practice          (3) if venting to a control device to
                                                                   standard for closed vent systems.           reduce emissions, complying with the
                                                                                                               continuous compliance requirements for
                                                                                                               closed-vent systems.
7. equipment leaks....................  a. each existing or new   i. applicable equipment leak standards of   complying with the applicable equipment
                                         cellulose ether           Sec.  Sec.   63.162 through 63.179; or      leak continuous compliance provisions of
                                         operation.               ii. applicable equipment leak standards of   Sec.  Sec.   63.162 through 63.179; or
                                                                   Sec.  Sec.   63.1021 through 63.1037.       complying with the applicable equipment
                                                                                                               leak continuous compliance provisions of
                                                                                                               Sec.  Sec.   63.1021 through 63.1037.

[[Page 40014]]

 
8. all sources of wastewater emissions  each existing or new      applicable wastewater provisions of Sec.    complying with the applicable wastewater
                                         cellulose either          63.105 and Sec.  Sec.   63.132 through      continuous compliance provisions of Sec.
                                         operation.                63.140.                                     Sec.   63.105, 63.143, and 63.148.
9. liquid streams in open systems.....  each existing or new      comply with the applicable provisions of    conducting inspections, repairing
                                         cellulose ether           Sec.   63.149, except that references to    failures, documenting delay of repair,
                                         operation.                ``chemical manufacturing process unit''     and maintaining records of failures and
                                                                   mean ``cellulose ether process unit'' for   corrective actions according to Sec.
                                                                   the purposes of this subpart.               Sec.   63.133 through 63.137.
10. closed-vent system used to route    each existing or new      conduct annual inspections, repair leaks,   conducting the inspections, repairing
 emissions to a control device.          affected source.          maintain records as specified in Sec.       leaks, and maintaining records according
                                                                   63.148.                                     to Sec.   63.148.
11. closed-vent system containing a     a. each existing or new   i. install, calibrate, maintain, and        (1) taking readings from the flow
 bypass line that could divert a vent    affected source.          operate a flow indicator as specified in    indicator at least once every 15 minutes;
 stream away from a control device,                                Sec.   63.148(f)(1); or                    (2) maintaining hourly records of flow
 except for equipment needed for                                                                               indicator operation and detection of any
 safety purposes (described in Sec.                                                                            diversion during the hour, and
 63.148(f)(3).                                                                                                (3) recording all periods when the vent
                                                                                                               stream is diverted from the control
                                                                                                               stream or the flow indicator is not
                                                                                                               operating; or
                                                                  ii. secure the bypass line valve in the     (1) maintaining a record of the monthly
                                                                   closed position with a car-seal or lock-    visual inspection of the seal or closure
                                                                   and-key type configuration and inspect      mechanism for the bypass line; and
                                                                   the seal or mechanism at least once per    (2) recording all periods when the seal
                                                                   month as specified in Sec.                  mechanism is broken, the bypass line
                                                                   63.148(f)(2).                               valve position has changed, or the key
                                                                                                               for a lock-and-key type lock has been
                                                                                                               checked out.
12. heat exchanger system that cools    a. each existing or new   i. monitor and repair the heat exchanger    (1) monitoring for HAP compounds, other
 process equipment or materials in the   affected source.          system according to Sec.   63.104(a)        substances, or surrogate indicators at
 process unit.                                                     through (e), except that references to      the frequency specified in Sec.
                                                                   ``chemical manufacturing process unit''     63.104(b) or (c);
                                                                   mean ``cellulose food casing, rayon,       (2) repairing leaks within the time period
                                                                   cellulosic sponge, cellophane, or           specified in Sec.   63.104(d)(1);
                                                                   cellulose ether process unit'' for the     (3) confirming that the repair is
                                                                   purposes of this subpart.                   successful as specified in Sec.
                                                                                                               63.104(d)(2);
                                                                                                              (4) following the procedures in Sec.
                                                                                                               63.104(e) if you implement delay of
                                                                                                               repair; and
                                                                                                              (5) recording the results of inspections
                                                                                                               and repair according to Sec.
                                                                                                               63.104(f)(1).
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
16. Table 6 to Subpart UUUU is revised to read as follows:

Table 6 to Subpart UUUU of Part 63--Continuous Compliance With 
Operating Limits

    As required in Sec.  63.5555(a), you must demonstrate continuous 
compliance with the appropriate operating limits according to the 
requirements in the following table:

----------------------------------------------------------------------------------------------------------------
For the following control technique .   for the following operating   you must demonstrate continuous compliance
                 . .                            limit . . .                            by . . .
----------------------------------------------------------------------------------------------------------------
1. condenser.........................  maintain the daily average     collecting the condenser outlet gas or
                                        condenser outlet gas or        condensed liquid temperature data
                                        condensed liquid temperature   according to Sec.   63.5545; reducing the
                                        no higher than the value       condenser outlet gas temperature data to
                                        established during the         daily averages; and maintaining the daily
                                        compliance demonstration.      average condenser outlet gas or condensed
                                                                       liquid temperature no higher than the
                                                                       value established during the compliance
                                                                       demonstration.
2. thermal oxidizer..................  a. for normal operations,      collecting the thermal oxidizer firebox
                                        maintain the daily average     temperature data according to Sec.
                                        thermal oxidizer firebox       63.5545; reducing the thermal oxidizer
                                        temperature no lower than      firebox temperature data to daily
                                        the value established during   averages; and maintaining the daily
                                        the compliance demonstration.  average thermal oxidizer firebox
                                                                       temperature no lower than the value
                                                                       established during the compliance
                                                                       demonstration.
                                       b. for periods of startup,     collecting the appropriate, site-specific
                                        maintain documentation         data needed to demonstrate that the
                                        demonstrating that the         oxidizer was properly operating prior to
                                        oxidizer was properly          emission unit start up; and excluding
                                        operating (e.g., firebox       firebox temperature from the daily
                                        temperature had reached the    averages during emission unit startup.
                                        setpoint temperature) prior
                                        to emission unit startup..

[[Page 40015]]

 
3. water scrubber....................  a. for periods of normal       collecting the scrubber pressure drop and
                                        operation, maintain the        scrubber liquid flow rate data according
                                        daily average scrubber         to Sec.   63.5545; reducing the scrubber
                                        pressure drop and scrubber     parameter data to daily averages; and
                                        liquid flow rate within the    maintaining the daily scrubber parameter
                                        range of values established    values within the range of values
                                        during the compliance          established during the compliance
                                        demonstration.                 demonstration.
                                       b. for periods of startup and  collecting the appropriate, site-specific
                                        shutdown, maintain             data needed to demonstrate that the
                                        documentation to confirm       scrubber was operating properly during
                                        that the scrubber is           emission unit startup and emission unit
                                        operating properly prior to    shutdown; and excluding parameters from
                                        emission unit startup and      the daily average calculations.
                                        continues to operate
                                        properly until emission unit
                                        shutdown is complete.
                                        Appropriate startup and
                                        shutdown operating
                                        parameters may be based on
                                        equipment design,
                                        manufacturer's
                                        recommendations, or other
                                        site-specific operating
                                        values established for
                                        normal operating periods..
4. caustic scrubber..................  a. for periods of normal       collecting the scrubber pressure drop,
                                        operation, maintain the        scrubber liquid flow rate, and scrubber
                                        daily average scrubber         liquid pH, conductivity, or alkalinity
                                        pressure drop, scrubber        data according to Sec.   63.5545;
                                        liquid flow rate, and          reducing the scrubber parameter data to
                                        scrubber liquid pH,            daily averages; and maintaining the daily
                                        conductivity, or alkalinity    scrubber parameter values within the
                                        within the range of values     range of values established during the
                                        established during the         compliance demonstration.
                                        compliance demonstration.
                                       b. for periods of startup and  collecting the appropriate, site-specific
                                        shutdown, maintain             data needed to demonstrate that the
                                        documentation to confirm       scrubber was operating properly during
                                        that the scrubber is           emission unit startup and emission unit
                                        operating properly prior to    shutdown; and excluding parameters from
                                        emission unit startup and      the daily average calculations.
                                        continues to operate
                                        properly until emission unit
                                        shutdown is complete.
                                        Appropriate startup and
                                        shutdown operating
                                        parameters may be based on
                                        equipment design,
                                        manufacturer's
                                        recommendations, or other
                                        site-specific operating
                                        values established for
                                        normal operating periods..
5. flare.............................  maintain the presence of a     collecting the pilot flame data according
                                        pilot flame.                   to Sec.   63.5545; and maintaining the
                                                                       presence of the pilot flame.
6. biofilter.........................  maintain the daily average     collecting the biofilter inlet gas
                                        biofilter inlet gas            temperature, biofilter effluent pH or
                                        temperature, biofilter         conductivity, and biofilter pressure drop
                                        effluent pH or conductivity,   data according to Sec.   63.5545;
                                        and pressure drop within the   reducing the biofilter parameter data to
                                        values established during      daily averages; and maintaining the daily
                                        the compliance demonstration.  biofilter parameter values within the
                                                                       values established during the compliance
                                                                       demonstration.
7. carbon absorber...................  maintain the regeneration      collecting the data on regeneration
                                        frequency, total               frequency, total regeneration stream mass
                                        regeneration stream mass or    or volumetric flow during carbon bed
                                        volumetric flow during         regeneration and temperature of the
                                        carbon bed regeneration and    carbon bed after regeneration (and within
                                        temperature of the carbon      15 minutes of completing any cooling
                                        bed after regeneration (and    cycle(s)) for each regeneration cycle
                                        within 15 minutes of           according to Sec.   63.5545; and
                                        completing any cooling         maintaining carbon absorber parameter
                                        cycle(s)) for each             values for each regeneration cycle within
                                        regeneration cycle within      the values established during the
                                        the values established         compliance demonstration.
                                        during the compliance
                                        demonstration.
8. oil absorber......................  maintain the daily average     collecting the absorption liquid flow,
                                        absorption liquid flow,        absorption liquid temperature, and steam
                                        absorption liquid              flow data according to Sec.   63.5545;
                                        temperature, and steam flow    reducing the oil absorber parameter data
                                        within the values              to daily averages; and maintaining the
                                        established during the         daily oil absorber parameter values
                                        compliance demonstration.      within the values established during the
                                                                       compliance demonstration.
9. any of the control techniques       if using a CEMS, maintain the  collecting CEMS emissions data at the
 specified in this table.               daily average control          inlet and outlet of each control device
                                        efficiency for each control    according to Sec.   63.5545; determining
                                        device no lower than the       the control efficiency values for each
                                        value established during the   control device using the inlet and outlet
                                        compliance demonstration.      CEMS emissions data; reducing the control
                                                                       efficiency values for each control device
                                                                       to daily averages; and maintaining the
                                                                       daily average control efficiency for each
                                                                       control device no lower than the value
                                                                       established during the compliance
                                                                       demonstration.
----------------------------------------------------------------------------------------------------------------


0
17. Table 7 to Subpart UUUU is revised to read as follows:

Table 7 to Subpart UUUU of Part 63--Notifications

    As required in Sec. Sec.  63.5490(c)(4), 63.5530(c), 63.5575, and 
63.5595(b), you must submit the appropriate notifications specified in 
the following table:

------------------------------------------------------------------------
           If you . . .                     then you must . . .
------------------------------------------------------------------------
1. are required to conduct a       submit a notification of intent to
 performance test.                  conduct a performance test at least
                                    60 calendar days before the
                                    performance test is scheduled to
                                    begin, as specified in Sec.  Sec.
                                    63.7(b)(1) and 63.9(e).

[[Page 40016]]

 
2. are required to conduct a CMS   submit a notification of intent to
 performance evaluation.            conduct a CMS performance evaluation
                                    at least 60 calendar days before the
                                    CMS performance evaluation is
                                    scheduled to begin, as specified in
                                    Sec.  Sec.   63.8(e)(2) and 63.9(g).
3. wish to use an alternative      submit a request to use alternative
 monitoring method.                 monitoring method no later than the
                                    notification of the initial
                                    performance test or CMS performance
                                    evaluation or 60 days prior to any
                                    other initial compliance
                                    demonstration, as specified in Sec.
                                     63.8(f)(4).
4. start up your affected source   submit an initial notification no
 before June 11, 2002.              later than 120 days after June 11,
                                    2002, as specified in Sec.
                                    63.9(b)(2).
5. start up your new or            submit an initial notification no
 reconstructed source on or after   later than 120 days after you become
 June 11, 2002.                     subject to this subpart, as
                                    specified in Sec.   63.9(b)(3).
6. cannot comply with the          submit a request for extension of
 relevant standard by the           compliance no later than 120 days
 applicable compliance date.        before the compliance date, as
                                    specified in Sec.  Sec.   63.9(c)
                                    and 63.6(i)(4).
7. are subject to special          notify the Administrator of your
 requirements as specified in       compliance obligations no later than
 Sec.   63.6(b)(3) and (4).         the initial notification dates
                                    established in Sec.   63.9(b) for
                                    new sources not subject to the
                                    special provisions, as specified in
                                    Sec.   63.9(d).
8. are required to conduct         notify the Administrator of the
 visible emission observations to   anticipated date for conducting the
 determine the compliance of        observations specified in Sec.
 flares as specified in Sec.        63.6(h)(5), as specified in Sec.
 63.11(b)(4).                       Sec.   63.6(h)(4) and 63.9(f).
9. are required to conduct a       a. submit a Notification of
 performance test or other          Compliance Status Report, as
 initial compliance demonstration   specified in Sec.   63.9(h);
 as specified in Table 3 to this   b. submit the Notification of
 subpart.                           Compliance Status Report, including
                                    the performance test, CEMS
                                    performance evaluation, and any
                                    other initial compliance
                                    demonstration results within 240
                                    calendar days following the
                                    compliance date specified in Sec.
                                    63.5495; and
                                   c. for sources which construction or
                                    reconstruction commenced on or
                                    before September 9, 2019, beginning
                                    on December 29, 2020, submit all
                                    subsequent Notifications of
                                    Compliance Status following the
                                    procedure specified in Sec.
                                    63.5580(g), (j), and (k). For
                                    sources which construction or
                                    reconstruction commenced after
                                    September 9, 2019, on July 2, 2020,
                                    or immediately upon startup,
                                    whichever is later, submit all
                                    subsequent Notifications of
                                    Compliance Status following the
                                    procedure specified in Sec.
                                    63.5580(g), (j), and (k).
10. comply with the equipment      comply with the notification
 leak requirements of subpart H     requirements specified in Sec.
 of this part for existing or new   63.182(a)(1) and (2), (b), and
 cellulose ether affected sources.  (c)(1) through (3) for equipment
                                    leaks, with the Notification of
                                    Compliance Status Reports required
                                    in subpart H included in the
                                    Notification of Compliance Status
                                    Report required in this subpart.
11. comply with the equipment      comply with the notification
 leak requirements of subpart UU    requirements specified in Sec.
 of this part for existing or new   63.1039(a) for equipment leaks, with
 cellulose ether affected sources.  the Notification Compliance Status
                                    Reports required in subpart UU of
                                    this part included in the
                                    Notification of Compliance Status
                                    Report required in this subpart.
12. comply with the wastewater     comply with the notification
 requirements of subparts F and G   requirements specified in Sec.  Sec.
 of this part for existing or new     63.146(a) and (b), 63.151, and
 cellulose ether affected sources.  63.152(a)(1) through (3) and (b)(1)
                                    through (5) for wastewater, with the
                                    Notification of Compliance Status
                                    Reports required in subpart G of
                                    this part included in the
                                    Notification of Compliance Status
                                    Report required in this subpart.
------------------------------------------------------------------------


0
18. Table 8 to Subpart UUUU is revised to read as follows:

Table 8 to Subpart UUUU of Part 63--Reporting Requirements

    As required in Sec.  63.5580, you must submit the appropriate 
reports specified in the following table:

------------------------------------------------------------------------
 You must submit a compliance report, which     and you must submit the
must contain the following information . . .         report . . .
------------------------------------------------------------------------
1. if there are no deviations from any        semiannually as specified
 emission limit, operating limit, or work      in Sec.   63.5580(b);
 practice standard during the reporting        beginning on December 29,
 period, then the report must contain the      2020, submit all
 information specified in Sec.   63.5580(c);   subsequent reports
                                               following the procedure
                                               specified in Sec.
                                               63.5580(g).
2. if there were no periods during which the
 CMS was out-of-control, then the report
 must contain the information specified in
 Sec.   63.5580(c)(6);
3. if there is a deviation from any emission
 limit, operating limit, or work practice
 standard during the reporting period, then
 the report must contain the information
 specified in Sec.   63.5580(c) and (d);
4. if there were periods during which the
 CMS was out-of-control, then the report
 must contain the information specified in
 Sec.   63.5580(e);

[[Page 40017]]

 
5. for sources which commenced construction
 or reconstruction on or before September 9,
 2019, if prior to December 29, 2020, you
 had a startup, shutdown, or malfunction
 during the reporting period and you took
 actions consistent with your SSM plan, then
 the report must contain the information
 specified in Sec.   63.10(d)(5)(i);
6. for sources which commenced construction
 or reconstruction on or before September 9,
 2019, if prior to December 29, 2020, you
 had a startup, shutdown, or malfunction
 during the reporting period and you took
 actions that are not consistent with your
 SSM plan, then the report must contain the
 information specified in Sec.
 63.10(d)(5)(ii);
7. the report must contain any change in
 information already provided, as specified
 in Sec.   63.9(j);
8. for cellulose ether affected sources
 complying with the equipment leak
 requirements of subpart H of this part, the
 report must contain the information
 specified in Sec.   63.182(a)(3) and (6)
 and (d)(2) through (4);
9. for cellulose ether affected sources
 complying with the equipment leak
 requirements of subpart UU of this part,
 the report must contain the information
 specified in Sec.   63.1039(b);
10. for cellulose ether affected sources
 complying with the wastewater requirements
 of subparts F and G of this part, the
 report must contain the information
 specified in Sec.  Sec.   63.146(c) through
 (e) and 63.152(a)(4) and (5) and (c)
 through (e);
11. for affected sources complying with the
 closed-vent system provisions in Sec.
 63.148, the report must contain the
 information specified in Sec.
 63.148(j)(1);
12. for affected sources complying with the
 bypass line provisions in Sec.   63.148(f),
 the report must contain the information
 specified in Sec.   63.148(j)(2) and (3);
13. for affected sources invoking the delay
 of repair provisions in Sec.   63.104(e)
 for heat exchanger systems, the next
 compliance report must contain the
 information in Sec.   63.104(f)(2)(i)
 through (iv); if the leak remains
 unrepaired, the information must also be
 submitted in each subsequent compliance
 report until the repair of the leak is
 reported; and
14. for storage vessels subject to the
 emission limits and work practice standards
 in Table 1 to Subpart UUUU, the report must
 contain the periods of planned routine
 maintenance during which the control device
 does not comply with the emission limits or
 work practice standards in Table 1 to this
 subpart.
------------------------------------------------------------------------


0
19. Table 9 to Subpart UUUU is revised to read as follows:

Table 9 to Subpart UUUU of Part 63--Recordkeeping Requirements

    As required in Sec.  63.5585, you must keep the appropriate records 
specified in the following table:

----------------------------------------------------------------------------------------------------------------
          If you operate . . .            then you must keep . . .       and the record(s) must contain . . .
----------------------------------------------------------------------------------------------------------------
1. an existing or new affected source..  a copy of each              all documentation supporting any Initial
                                          notification and report     Notification or Notification of Compliance
                                          that you submitted to       Status Report that you submitted,
                                          comply with this subpart.   according to the requirements in Sec.
                                                                      63.10(b)(2)(xiv), and any compliance
                                                                      report required under this subpart.
2. an existing or new affected source    a. the records in Sec.      i. SSM plan;
 that commenced construction or           63.6(e)(3)(iii) through    ii. when actions taken during a startup,
 reconstruction on or before September    (iv) related to startup,    shutdown, or malfunction are consistent
 9, 2019.                                 shutdown, and malfunction   with the procedures specified in the SSM
                                          prior to December 30,       plan, records demonstrating that the
                                          2020.                       procedures specified in the plan were
                                                                      followed;
                                                                     iii. records of the occurrence and duration
                                                                      of each startup, shutdown, or malfunction;
                                                                      and
                                                                     iv. when actions taken during a startup,
                                                                      shutdown, or malfunction are not
                                                                      consistent with the procedures specified
                                                                      in the SSM plan, records of the actions
                                                                      taken for that event.

[[Page 40018]]

 
                                         b. records related to       i. record the date, time, and duration of
                                          startup and shutdown,       each startup and/or shutdown period,
                                          failures to meet the        including the periods when the affected
                                          standard, and actions       source was subject to the alternative
                                          taken to minimize           operating parameters applicable to startup
                                          emissions after December    and shutdown;
                                          29, 2020.                  ii. in the event that an affected unit
                                                                      fails to meet an applicable standard,
                                                                      record the number of failures. For each
                                                                      failure, record the date, time and
                                                                      duration of each failure;
                                                                     iii. for each failure to meet an applicable
                                                                      standard, record and retain a list of the
                                                                      affected sources or equipment, an estimate
                                                                      of the quantity of each regulated
                                                                      pollutant emitted over any emission limit
                                                                      and a description of the method used to
                                                                      estimate the emissions; and
                                                                     iv. record actions taken to minimize
                                                                      emissions in accordance with Sec.
                                                                      63.5515(b), and any corrective actions
                                                                      taken to return the affected unit to its
                                                                      normal or usual manner of operation.
3. a new or reconstructed affected       a. records related to       i. record the date, time, and duration of
 source that commenced construction or    startup and shutdown,       each startup and/or shutdown period,
 reconstruction after September 9, 2019.  failures to meet the        including the periods when the affected
                                          standard, and actions       source was subject to alternative
                                          taken to minimize           operating parameters applicable to startup
                                          emissions.                  and shutdown;
                                                                     ii. in the event that an affected unit
                                                                      fails to meet an applicable standard,
                                                                      record the number of failures. For each
                                                                      failure, record the date, time and
                                                                      duration of each failure;
                                                                     iii. for each failure to meet an applicable
                                                                      standard, record and retain a list of the
                                                                      affected sources or equipment, an estimate
                                                                      of the quantity of each regulated
                                                                      pollutant emitted over any emission limit
                                                                      and a description of the method used to
                                                                      estimate the emissions; and
                                                                     iv. record actions taken to minimize
                                                                      emissions in accordance with Sec.
                                                                      63.5515(b), and any corrective actions
                                                                      taken to return the affected unit to its
                                                                      normal or usual manner of operation.
4. an existing or new affected source..  a. a site-specific          i. information regarding the installation
                                          monitoring plan.            of the CMS sampling source probe or other
                                                                      interface at a measurement location
                                                                      relative to each affected process unit
                                                                      such that the measurement is
                                                                      representative of control of the exhaust
                                                                      emissions (e.g., on or downstream of the
                                                                      last control device);
                                                                     ii. performance and equipment
                                                                      specifications for the sample interface,
                                                                      the pollutant concentration or parametric
                                                                      signal analyzer, and the data collection
                                                                      and reduction system;
                                                                     iii. performance evaluation procedures and
                                                                      acceptance criteria (e.g., calibrations);
                                                                     iv. ongoing operation and maintenance
                                                                      procedures in accordance with the general
                                                                      requirements of Sec.  Sec.   63.8(c)(3)
                                                                      and (4)(ii), 63.5515(b), and
                                                                      63.5580(c)(6);
                                                                     v. ongoing data quality assurance
                                                                      procedures in accordance with the general
                                                                      requirements of Sec.   63.8(d)(2); and
                                                                     vi. ongoing recordkeeping and reporting
                                                                      procedures in accordance with the general
                                                                      requirements of Sec.  Sec.   63.10(c)(1)-
                                                                      (6), (c)(9)-(14), (e)(1), and (e)(2)(i)
                                                                      and 63.5585.
5. an existing or new affected source..  records of performance      all results of performance tests, CEMS
                                          tests and CEMS              performance evaluations, and any other
                                          performance evaluations,    initial compliance demonstrations,
                                          as required in Sec.         including analysis of samples,
                                          63.10(b)(2)(viii) and any   determination of emissions, and raw data.
                                          other initial compliance
                                          demonstrations.
6. an existing or new affected source..  a. records for each CEMS..  i. records described in Sec.
                                                                      63.10(b)(2)(vi) through (xi);
                                                                     ii. previous (superseded) versions of the
                                                                      performance evaluation plan, with the
                                                                      program of corrective action included in
                                                                      the plan required under Sec.   63.8(d)(2);
                                                                     iii. request for alternatives to relative
                                                                      accuracy test for CEMS as required in Sec.
                                                                        63.8(f)(6)(i);
                                                                     iv. records of the date and time that each
                                                                      deviation started and stopped, and whether
                                                                      the deviation occurred during a period of
                                                                      startup, shutdown, or malfunction or
                                                                      during another period; and
                                                                     v. records required in Table 6 to Subpart
                                                                      UUUU to show continuous compliance with
                                                                      the operating limit.
7. an existing or new affected source..  a. records for each CPMS..  i. records required in Table 6 to Subpart
                                                                      UUUU to show continuous compliance with
                                                                      each operating limit that applies to you;
                                                                      and
                                                                     ii. results of each CPMS calibration,
                                                                      validation check, and inspection required
                                                                      by Sec.   63.5545(b)(4).
8. an existing or new cellulose ether    records of closed-loop      records certifying that a closed-loop
 affected ether source.                   systems.                    system is in use for cellulose ether
                                                                      operations.
9. an existing or new viscose process    records of nitrogen         records certifying that a nitrogen
 affected source.                         unloading and storage       unloading and storage systems or nitrogen
                                          systems or nitrogen         unloading system is in use.
                                          unloading systems.

[[Page 40019]]

 
10. an existing or new viscose process   records of material         all pertinent data from the material
 affected source.                         balances.                   balances used to estimate the 6-month
                                                                      rolling average percent reduction in HAP
                                                                      emissions.
11. an existing or new viscose process   records of calculations...  documenting the percent reduction in HAP
 affected source.                                                     emissions using pertinent data from the
                                                                      material balances.
12. an existing or new cellulose ether   a. extended cookout         i. the amount of HAP charged to the
 affected source.                         records.                    reactor;
                                                                     ii. the grade of product produced;
                                                                     iii. the calculated amount of HAP remaining
                                                                      before extended cookout; and
                                                                     iv. information showing that extended
                                                                      cookout was employed.
13. an existing or new cellulose ether   a. equipment leak records.  i. the records specified in Sec.   63.181
 affected source.                                                     for equipment leaks; or
                                                                     ii. the records specified in 63.1038 for
                                                                      equipment leaks.
14. an existing or new cellulose ether   wastewater records........  the records specified in Sec.  Sec.
 affected source.                                                     63.105, 63.147, and 63.152(f) and (g) for
                                                                      wastewater.
15. an existing or new affected source.  closed-vent system records  the records specified in Sec.   63.148(i).
16. an existing or new affected source.  a. bypass line records....  i. hourly records of flow indicator
                                                                      operation and detection of any diversion
                                                                      during the hour and records of all periods
                                                                      when the vent stream is diverted from the
                                                                      control stream or the flow indicator is
                                                                      not operating; or
                                                                     ii. the records of the monthly visual
                                                                      inspection of the seal or closure
                                                                      mechanism and of all periods when the seal
                                                                      mechanism is broken, the bypass line valve
                                                                      position has changed, or the key for a
                                                                      lock-and-key type lock has been checked
                                                                      out and records of any car-seal that has
                                                                      broken.
17. an existing or new affected source.  heat exchanger system       records of the results of inspections and
                                          records.                    repair according to source Sec.
                                                                      63.104(f)(1).
18. an existing or new affected source.  control device maintenance  records of planned routine maintenance for
                                          records.                    control devices used to comply with the
                                                                      percent reduction emission limit for
                                                                      storage vessels in Table 1 to Subpart
                                                                      UUUU.
19. an existing or new affected source.  safety device records.....  a record of each time a safety device is
                                                                      opened to avoid unsafe conditions
                                                                      according to Sec.   63.5505(d).
----------------------------------------------------------------------------------------------------------------


0
20. Table 10 to Subpart UUUU is revised to read as follows:

Table 10 to Subpart UUUU of Part 63--Applicability of General 
Provisions to Subpart UUUU

    As required in Sec. Sec.  63.5515(h) and 63.5600, you must comply 
with the appropriate General Provisions requirements specified in the 
following table:

----------------------------------------------------------------------------------------------------------------
             Citation                      Subject              Brief description       Applies to Subpart UUUU
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  Applicability........  Initial applicability       Yes.
                                                            determination;
                                                            applicability after
                                                            standard established;
                                                            permit requirements;
                                                            extensions, notifications.
Sec.   63.2.......................  Definitions..........  Definitions for part 63     Yes.
                                                            standards.
Sec.   63.3.......................  Units and              Units and abbreviations     Yes.
                                     Abbreviations.         for part 63 standards.
Sec.   63.4.......................  Prohibited Activities  Prohibited activities;      Yes.
                                     and Circumvention.     compliance date;
                                                            circumvention,
                                                            severability.
Sec.   63.5.......................  Preconstruction        Preconstruction review      Yes.
                                     Review and             requirements of section
                                     Notification           112(i)(1).
                                     Requirements.
Sec.   63.6(a)....................  Applicability........  General provisions apply    Yes.
                                                            unless compliance
                                                            extension; general
                                                            provisions apply to area
                                                            sources that become major.
Sec.   63.6(b)(1) through (4).....  Compliance Dates for   Standards apply at          Yes.
                                     New and                effective date; 3 years
                                     Reconstructed          after effective date;
                                     sources.               upon startup; 10 years
                                                            after construction or
                                                            reconstruction commences
                                                            for CAA section 112(f).
Sec.   63.6(b)(5).................  Notification.........  Must notify if commenced    Yes.
                                                            construction or
                                                            reconstruction after
                                                            proposal.
Sec.   63.6(b)(6).................  [Reserved]...........
Sec.   63.6(b)(7).................  Compliance Dates for   Area sources that become    Yes.
                                     New and                major must comply with
                                     Reconstructed Area     major source and
                                     Sources That Become    standards immediately
                                     Major.                 upon becoming major,
                                                            regardless of whether
                                                            required to comply when
                                                            they were an area source.

[[Page 40020]]

 
Sec.   63.6(c)(1) and (2).........  Compliance Dates for   Comply according to date    Yes.
                                     Existing Sources.      in subpart, which must be
                                                            no later than 3 years
                                                            after effective date; for
                                                            CAA section 112(f)
                                                            standards, comply within
                                                            90 days of effective date
                                                            unless compliance
                                                            extension.
Sec.   63.6(c)(3) and (4).........  [Reserved]...........
Sec.   63.6(c)(5).................  Compliance Dates for   Area sources that become    Yes.
                                     Existing Area          major must comply with
                                     Sources That Become    major source standards by
                                     Major.                 date indicated in subpart
                                                            or by equivalent time
                                                            period (e.g., 3 years).
Sec.   63.6(d)....................  [Reserved]
Sec.   63.6(e)(1)(i)..............  General Duty to        You must operate and        No, for new or
                                     Minimize Emissions.    maintain affected source    reconstructed sources
                                                            in a manner consistent      which commenced
                                                            with safety and good air    construction or
                                                            pollution control           reconstruction after
                                                            practices for minimizing    September 9, 2019. For
                                                            emissions.                  all other affected
                                                                                        sources, Yes before
                                                                                        December 30, 2020, and
                                                                                        No thereafter. See 40
                                                                                        CFR 63.5515(b) for
                                                                                        general duty
                                                                                        requirement.
Sec.   63.6(e)(1)(ii).............  Requirement to         You must correct            No, for new or
                                     Correct Malfunctions   malfunctions as soon as     reconstructed sources
                                     ASAP.                  practicable after their     which commenced
                                                            occurrence.                 construction or
                                                                                        reconstruction after
                                                                                        September 9, 2019. For
                                                                                        all other affected
                                                                                        sources, Yes before
                                                                                        December 30, 2020, and
                                                                                        No thereafter.
Sec.   63.6(e)(1)(iii)............  Operation and          Operation and maintenance   Yes.
                                     Maintenance            requirements are
                                     Requirements.          enforceable independent
                                                            of emissions limitations
                                                            or other requirements in
                                                            relevant standards.
Sec.   63.6(e)(2).................  [Reserved]...........
Sec.   63.6(e)(3).................  SSM Plan.............  Requirement for SSM and     No, for new or
                                                            SSM plan; content of SSM    reconstructed sources
                                                            plan.                       which commenced
                                                                                        construction or
                                                                                        reconstruction after
                                                                                        September 9, 2019. For
                                                                                        all other affected
                                                                                        sources, Yes before
                                                                                        December 30, 2020, and
                                                                                        No thereafter. See 40
                                                                                        CFR 63.5515(c).
Sec.   63.6(f)(1).................  SSM Exemption........  You must comply with        No, see 40 CFR
                                                            emission standards at all   63.5515(a).
                                                            times except during SSM.
Sec.   63.6(f)(2) and (3).........  Methods for            Compliance based on         Yes.
                                     Determining            performance test,
                                     Compliance/Finding     operation and maintenance
                                     of Compliance.         plans, records,
                                                            inspection.
Sec.   63.6(g)(1) through (3).....  Alternative Standard.  Procedures for getting an   Yes.
                                                            alternative standard.
Sec.   63.6(h)(1).................  SSM Exemption........  You must comply with        No, see CFR 63.5515(a).
                                                            opacity and visible
                                                            emission standards at all
                                                            times except during SSM.
Sec.   63.6(h)(2) through (9).....  Opacity and Visible    Requirements for opacity    Yes, but only for flares
                                     Emission (VE)          and visible emission        for which EPA Method 22
                                     Standards.             limits.                     observations are
                                                                                        required under Sec.
                                                                                        63.11(b).
Sec.   63.6(i)(1) through (16)....  Compliance Extension.  Procedures and criteria     Yes.
                                                            for Administrator to
                                                            grant compliance
                                                            extension.
Sec.   63.6(j)....................  Presidential           President may exempt        Yes.
                                     Compliance Exemption.  source category from
                                                            requirement to comply
                                                            with subpart.
Sec.   63.7(a)(1) and (2).........  Performance Test       Dates for conducting        Yes.
                                     Dates.                 initial performance test;
                                                            testing and other
                                                            compliance
                                                            demonstrations; must
                                                            conduct 180 days after
                                                            first subject to subpart.
Sec.   63.7(a)(3).................  Section 114 Authority  Administrator may require   Yes.
                                                            a performance test under
                                                            CAA section 114 at any
                                                            time.
Sec.   63.7(b)(1).................  Notification of        Must notify Administrator   Yes.
                                     Performance Test.      60 days before the test.
Sec.   63.7(b)(2).................  Notification of        If rescheduling a           Yes.
                                     Rescheduling.          performance test is
                                                            necessary, must notify
                                                            Administrator 5 days
                                                            before scheduled date of
                                                            rescheduled test.
Sec.   63.7(c)....................  Quality Assurance and  Requirement to submit site- No.
                                     Test Plan.             specific test plan 60
                                                            days before the test or
                                                            on date Administrator
                                                            agrees with; test plan
                                                            approval procedures;
                                                            performance audit
                                                            requirements; internal
                                                            and external QA
                                                            procedures for testing.
Sec.   63.7(d)....................  Testing Facilities...  Requirements for testing    Yes.
                                                            facilities.
Sec.   63.7(e)(1).................  Performance Testing..  Performance tests must be   No, see Sec.   63.5535
                                                            conducted under             and Table 4.
                                                            representative
                                                            conditions; cannot
                                                            conduct performance tests
                                                            during SSM; not a
                                                            violation to exceed
                                                            standard during SSM.

[[Page 40021]]

 
Sec.   63.7(e)(2).................  Conditions for         Must conduct according to   Yes.
                                     Conducting             this subpart and EPA test
                                     Performance Tests.     methods unless
                                                            Administrator approves
                                                            alternative.
Sec.   63.7(e)(3).................  Test Run Duration....  Must have three test runs   Yes.
                                                            of at least 1 hour each;
                                                            compliance is based on
                                                            arithmetic mean of three
                                                            runs; conditions when
                                                            data from an additional
                                                            test run can be used.
Sec.   63.7(f)....................  Alternative Test       Procedures by which         Yes.
                                     Method.                Administrator can grant
                                                            approval to use an
                                                            alternative test method.
Sec.   63.7(g)....................  Performance Test Data  Must include raw data in    Yes.
                                     Analysis.              performance test report;
                                                            must submit performance
                                                            test data 60 days after
                                                            end of test with the
                                                            Notification of
                                                            Compliance Status Report;
                                                            keep data for 5 years.
Sec.   63.7(h)....................  Waiver of Tests......  Procedures for              Yes.
                                                            Administrator to waive
                                                            performance test.
Sec.   63.8(a)(1).................  Applicability of       Subject to all monitoring   Yes.
                                     Monitoring             requirements in standard.
                                     Requirements.
Sec.   63.8(a)(2).................  Performance            Performance specifications  Yes.
                                     Specifications.        in appendix B of 40 CFR
                                                            part 60 apply.
Sec.   63.8(a)(3).................  [Reserved]...........
Sec.   63.8(a)(4).................  Monitoring with        Unless your subpart says    Yes.
                                     Flares.                otherwise, the
                                                            requirements for flares
                                                            in Sec.   63.11 apply.
Sec.   63.8(b)(1).................  Monitoring...........  Must conduct monitoring     Yes.
                                                            according to standard
                                                            unless Administrator
                                                            approves alternative.
Sec.   63.8(b)(2) and (3).........  Multiple Effluents     Specific requirements for   Yes.
                                     and Multiple           installing monitoring
                                     Monitoring Systems.    systems; must install on
                                                            each effluent before it
                                                            is combined and before it
                                                            is released to the
                                                            atmosphere unless
                                                            Administrator approves
                                                            otherwise; if more than
                                                            one monitoring system on
                                                            an emission point, must
                                                            report all monitoring
                                                            system results, unless
                                                            one monitoring system is
                                                            a backup.
Sec.   63.8(c)(1) and (c)(1)(i)...  General Duty to        Maintain monitoring system  No, for new or
                                     Minimize Emissions     in a manner consistent      reconstructed sources
                                     and CMS Operation.     with good air pollution     which commenced
                                                            control practices.          construction or
                                                                                        reconstruction after
                                                                                        September 9, 2019. For
                                                                                        all other affected
                                                                                        sources, Yes before
                                                                                        December 30, 2020, and
                                                                                        No thereafter. See 40
                                                                                        CFR 63.5515(b).
Sec.   63.8(c)(1)(ii).............  Parts for Routine      Keep parts for routine      Yes.
                                     Repairs.               repairs readily available.
Sec.   63.8(c)(1)(iii)............  Requirements to        Develop a written SSM plan  No, for new or
                                     develop SSM Plan for   for CMS.                    reconstructed sources
                                     CMS.                                               which commenced
                                                                                        construction or
                                                                                        reconstruction after
                                                                                        September 9, 2019. For
                                                                                        all other affected
                                                                                        sources, Yes before
                                                                                        December 30, 2020, and
                                                                                        No thereafter. See 40
                                                                                        CFR 63.5515(c).
Sec.   63.8(c)(2) and (3).........  Monitoring System      Must install to get         Yes.
                                     Installation.          representative emission
                                                            of parameter
                                                            measurements; must verify
                                                            operational status before
                                                            or at performance test.
Sec.   63.8(c)(4).................  CMS Requirements.....  CMS must be operating       No. Replaced with
                                                            except during breakdown,    language in Sec.
                                                            out-of control, repair,     63.5560.
                                                            maintenance, and high-
                                                            level calibration drifts.
Sec.   63.8(c)(4)(i) and (ii).....  CMS Requirements.....  Continuous opacity          Yes, except that Sec.
                                                            monitoring systems (COMS)   63.8(c)(4)(i) does not
                                                            must have a minimum of      apply because subpart
                                                            one cycle of sampling and   UUUU does not require
                                                            analysis for each           COMS.
                                                            successive 10-second
                                                            period and one cycle of
                                                            data recording for each
                                                            successive 6-minute
                                                            period; CEMS must have a
                                                            minimum of one cycle of
                                                            operation for each
                                                            successive 15-minute
                                                            period.
Sec.   63.8(c)(5).................  COMS Minimum           COMS minimum procedures...  No. Subpart UUUU does not
                                     Procedures.                                        require COMS.
Sec.   63.8(c)(6).................  CMS Requirements.....  Zero and high level         No. Replaced with
                                                            calibration check           language in Sec.
                                                            requirements; out-of-       63.5545.
                                                            control periods.
Sec.   63.8(c)(7) and (8).........  CMS Requirements.....  Out-of-control periods,     No. Replaced with
                                                            including reporting.        language in Sec.
                                                                                        63.5580(c)(6).

[[Page 40022]]

 
Sec.   63.8(d)....................  CMS Quality Control..  Requirements for CMS        No, except for
                                                            quality control,            requirements in Sec.
                                                            including calibration,      63.8(d)(2).
                                                            etc.; must keep quality
                                                            control plan on record
                                                            for 5 years; keep old
                                                            versions for 5 years
                                                            after revisions; program
                                                            of correction action to
                                                            be included in plan
                                                            required under Sec.
                                                            63.8(d)(2).
Sec.   63.8(e)....................  CMS Performance        Notification, performance   Yes, except that Sec.
                                     Evaluation.            evaluation test plan,       63.8(e)(5)(ii) does not
                                                            reports.                    apply because subpart
                                                                                        UUUU does not require
                                                                                        COMS.
Sec.   63.8(f)(1) through (5).....  Alternative            Procedures for              Yes, except that no site-
                                     Monitoring Method.     Administrator to approve    specific test plan is
                                                            alternative monitoring.     required. The request to
                                                                                        use an alternative
                                                                                        monitoring method must
                                                                                        be submitted with the
                                                                                        notification of
                                                                                        performance test or CEMS
                                                                                        performance evaluation
                                                                                        or 60 days prior to any
                                                                                        initial compliance
                                                                                        demonstration.
Sec.   63.8(f)(6).................  Alternative to         Procedures for              Yes.
                                     Relative Accuracy      Administrator to approve
                                     Test.                  alternative relative
                                                            accuracy tests for CEMS.
Sec.   63.8(g)(1) through (4).....  Data Reduction.......  COMS 6-minute averages      No. Replaced with
                                                            calculated over at least    language in Sec.
                                                            36 evenly spaced data       63.5545(e).
                                                            points; CEMS 1-hour
                                                            averages computed over at
                                                            least four equally spaced
                                                            data points; data that
                                                            cannot be used in average.
Sec.   63.8(g)(5).................  Data Reduction.......  Data that cannot be used    No. Replaced with
                                                            in computing averages for   language in Sec.
                                                            CEMS and COMS.              63.5560(b).
Sec.   63.9(a)....................  Notification           Applicability and State     Yes.
                                     Requirements.          delegation.
Sec.   63.9(b)(1) through (5).....  Initial Notifications  Submit notification         Yes.
                                                            subject 120 days after
                                                            effective date;
                                                            notification of intent to
                                                            construct or reconstruct;
                                                            notification of
                                                            commencement of
                                                            construction or
                                                            reconstruction;
                                                            notification of startup;
                                                            contents of each.
Sec.   63.9(c)....................  Request for            Can request if cannot       Yes.
                                     Compliance Extension.  comply by date or if
                                                            installed BACT/LAER.
Sec.   63.9(d)....................  Notification of        For sources that commence   Yes.
                                     Special Compliance     construction between
                                     Requirements for New   proposal and promulgation
                                     Source.                and want to comply 3
                                                            years after effective
                                                            date.
Sec.   63.9(e)....................  Notification of        Notify Administrator 60     Yes.
                                     Performance Test.      days prior.
Sec.   63.9(f)....................  Notification of VE or  Notify Administrator 30     Yes, but only for flares
                                     Opacity Test.          days prior.                 for which EPA Method 22
                                                                                        observations are
                                                                                        required as part of a
                                                                                        flare compliance
                                                                                        assessment.
Sec.   63.9(g)....................  Additional             Notification of             Yes, except that Sec.
                                     Notifications When     performance evaluation;     63.9(g)(2) does not
                                     Using CMS.             notification using COMS     apply because subpart
                                                            data; notification that     UUUU does not require
                                                            exceeded criterion for      COMS.
                                                            relative accuracy.
Sec.   63.9(h)(1) through (6).....  Notification of        Contents; due 60 days       Yes, except that Table 7
                                     Compliance Status      after end of performance    to this subpart
                                     Report.                test or other compliance    specifies the submittal
                                                            demonstration, except for   date for the
                                                            opacity or VE, which are    notification. The
                                                            due 30 days after; when     contents of the
                                                            to submit to federal vs.    notification will also
                                                            state authority.            include the results of
                                                                                        EPA Method 22
                                                                                        observations required as
                                                                                        part of a flare
                                                                                        compliance assessment.
Sec.   63.9(i)....................  Adjustment of          Procedures for              Yes.
                                     Submittal Deadlines.   Administrator to approve
                                                            change in when
                                                            notifications must be
                                                            submitted.
Sec.   63.9(j)....................  Change in Previous     Must submit within 15 days  Yes, except that the
                                     Information.           after the change.           notification must be
                                                                                        submitted as part of the
                                                                                        next semiannual
                                                                                        compliance report, as
                                                                                        specified in Table 8 to
                                                                                        this subpart.
Sec.   63.10(a)...................  Recordkeeping and      Applies to all, unless      Yes.
                                     Reporting.             compliance extension;
                                                            when to submit to federal
                                                            vs. state authority;
                                                            procedures for owners of
                                                            more than one source.
Sec.   63.10(b)(1)................  Recordkeeping and      General requirements; keep  Yes.
                                     Reporting.             all records readily
                                                            available; keep for 5
                                                            years.
Sec.   63.10(b)(2)(i).............  Recordkeeping of       Records of occurrence and   No, for new or
                                     Occurrence and         duration of each startup    reconstructed sources
                                     Duration of Startups   or shutdown that causes     which commenced
                                     and Shutdowns.         source to exceed emission   construction or
                                                            limitation.                 reconstruction after
                                                                                        September 9, 2019.For
                                                                                        all other affected
                                                                                        sources, Yes before
                                                                                        December 29, 2020, and
                                                                                        No thereafter.

[[Page 40023]]

 
Sec.   63.10(b)(2)(ii)............  Recordkeeping of       Records of occurrence and   No, see Table 9 for
                                     Failures to Meet a     duration of each            recordkeeping of (1)
                                     Standard.              malfunction of operation    date, time and duration;
                                                            or air pollution control    (2) listing of affected
                                                            and monitoring equipment.   source or equipment, and
                                                                                        an estimate of the
                                                                                        quantity of each
                                                                                        regulated pollutant
                                                                                        emitted over the
                                                                                        standard; and (3)
                                                                                        actions to minimize
                                                                                        emissions and correct
                                                                                        the failure.
Sec.   63.10(b)(2)(iii)...........  Maintenance Records..  Records of maintenance      Yes.
                                                            performed on air
                                                            pollution control and
                                                            monitoring equipment.
Sec.   63.10(b)(2)(iv) and (v)....  Actions Taken to       Records of actions taken    No, for new or
                                     Minimize Emissions     during SSM to minimize      reconstructed sources
                                     During SSM.            emissions.                  which commenced
                                                                                        construction or
                                                                                        reconstruction after
                                                                                        September 9, 2019. For
                                                                                        all other affected
                                                                                        sources, Yes before
                                                                                        December 30, 2020, and
                                                                                        No thereafter.
Sec.   63.10(b)(2)(vi), (x), and    CMS Records..........  Malfunctions, inoperative,  Yes.
 (xi).                                                      out-of-control;
                                                            calibration checks,
                                                            adjustments, maintenance.
Sec.   63.10(b)(2)(vii) through     Records..............  Measurements to             Yes, including results of
 (ix).                                                      demonstrate compliance      EPA Method 22
                                                            with emission limits;       observations required as
                                                            performance test,           part of a flare
                                                            performance evaluation,     compliance assessment.
                                                            and opacity/VE
                                                            observation results;
                                                            measurements to determine
                                                            conditions of performance
                                                            tests and performance
                                                            evaluations.
Sec.   63.10(b)(2)(xii)...........  Records..............  Records when under waiver.  Yes.
Sec.   63.10(b)(2)(xiii)..........  Records..............  Records when using          Yes.
                                                            alternative to relative
                                                            accuracy test.
Sec.   63.10(b)(2)(xiv)...........  Records..............  All documentation           Yes.
                                                            supporting Initial
                                                            Notification and
                                                            Notification of
                                                            Compliance Status Report.
Sec.   63.10(b)(3)................  Records..............  Applicability               Yes.
                                                            determinations.
Sec.   63.10(c)(1) through (6),     Records..............  Additional records for CMS  Yes.
 (9) through (14).
Sec.   63.10(c)(7) and (8)........  Records..............  Records of excess           No. Replaced with
                                                            emissions and parameter     language in Table 9 to
                                                            monitoring exceedances      this subpart.
                                                            for CMS.
Sec.   63.10(c)(15)...............  Use of SSM Plan......  Use SSM plan to satisfy     No, for new or
                                                            recordkeeping               reconstructed sources
                                                            requirements for            which commenced
                                                            identification of           construction or
                                                            malfunction, correction     reconstruction after
                                                            action taken, and nature    September 9, 2019. For
                                                            of repairs to CMS.          all other affected
                                                                                        sources, Yes before
                                                                                        December 30, 2020, and
                                                                                        No thereafter. See 40
                                                                                        CFR 63.5515(c).
Sec.   63.10(d)(1)................  General Reporting      Requirement to report.....  Yes.
                                     Requirements.
Sec.   63.10(d)(2)................  Report of Performance  When to submit to federal   Yes, except that Table 7
                                     Test Results.          or state authority.         to this subpart
                                                                                        specifies the submittal
                                                                                        date for the
                                                                                        Notification of
                                                                                        Compliance Status
                                                                                        Report.
Sec.   63.10(d)(3)................  Reporting Opacity or   What to report and when...  Yes, but only for flares
                                     VE Observations.                                   for which EPA Method 22
                                                                                        observations are
                                                                                        required as part of a
                                                                                        flare compliance
                                                                                        assessment.
Sec.   63.10(d)(4)................  Progress Reports.....  Must submit progress        Yes.
                                                            reports on schedule if
                                                            under compliance
                                                            extension.
Sec.   63.10(d)(5)(i).............  Periodic SSM Reports.  Contents and submission of  No, for new or
                                                            periodic SSM reports.       reconstructed sources
                                                                                        which commenced
                                                                                        construction or
                                                                                        reconstruction after
                                                                                        September 9, 2019. For
                                                                                        all other affected
                                                                                        sources, Yes before
                                                                                        December 30, 2020, and
                                                                                        No thereafter. See Sec.
                                                                                         63.5580(c)(4) and Table
                                                                                        8 for malfunction
                                                                                        reporting requirements.
Sec.   63.10(d)(5)(ii)............  Immediate SSM Reports  Contents and submission of  No, for new or
                                                            immediate SSM reports.      reconstructed sources
                                                                                        which commenced
                                                                                        construction or
                                                                                        reconstruction after
                                                                                        September 9, 2019. For
                                                                                        all other affected
                                                                                        sources, Yes before
                                                                                        December 29, 2020,
                                                                                        except that the
                                                                                        immediate SSM report
                                                                                        must be submitted as
                                                                                        part of the next
                                                                                        semiannual compliance
                                                                                        report, as specified in
                                                                                        Table 8 to this subpart,
                                                                                        and No thereafter.
Sec.   63.10(e)(1) and (2)........  Additional CMS         Must report results for     Yes, except that Sec.
                                     Reports.               each CEMS on a unit;        63.10(e)(2)(ii) does not
                                                            written copy of             apply because subpart
                                                            performance evaluation;     UUUU does not require
                                                            three copies of COMS        COMS.
                                                            performance evaluation.
Sec.   63.10(e)(3)(i) through       Reports..............  Schedule for reporting      No. Replaced with
 (iii).                                                     excess emissions and        language in Sec.
                                                            parameter monitor           63.5580.
                                                            exceedance (now defined
                                                            as deviations).

[[Page 40024]]

 
Sec.   63.10(e)(3)(iv)............  Excess Emissions       Requirement to revert to    No. Replaced with
                                     Reports.               quarterly submission if     language in Sec.
                                                            there is an excess          63.5580.
                                                            emissions and parameter
                                                            monitor exceedance (now
                                                            defined as deviations);
                                                            provision to request
                                                            semiannual reporting
                                                            after compliance for 1
                                                            year; submit report by
                                                            30th day following end of
                                                            quarter or calendar half;
                                                            if there has not been an
                                                            exceedance or excess
                                                            emission (now defined as
                                                            deviations), report
                                                            contents is a statement
                                                            that there have been no
                                                            deviations.
Sec.   63.10(e)(3)(v).............  Excess Emissions       Must submit report          No. Replaced with
                                     Reports.               containing all of the       language in Sec.
                                                            information in Sec.         63.5580.
                                                            63.10(c)(5) through (13),
                                                            Sec.   63.8(c)(7) and (8).
Sec.   63.10(e)(3)(vi) through      Excess Emissions       Requirements for reporting  No. Replaced with
 (viii).                             Report and Summary     excess emissions for CMS    language in Sec.
                                     Report.                (now called deviations);    63.5580.
                                                            requires all of the
                                                            information in Sec.
                                                            63.10(c)(5) through (13),
                                                            Sec.   63.8(c)(7) and (8).
Sec.   63.10(e)(4)................  Reporting COMS Data..  Must submit COMS data with  No. Subpart UUUU does not
                                                            performance test data.      require COMS.
Sec.   63.10(f)...................  Waiver for             Procedures for              Yes.
                                     Recordkeeping or       Administrator to waive.
                                     Reporting.
Sec.   63.11......................  Control and Work       Requirements for flares     Yes.
                                     Practice               and alternative work
                                     Requirements.          practice for equipment
                                                            leaks.
Sec.   63.12......................  State Authority and    State authority to enforce  Yes.
                                     Delegations.           standards.
Sec.   63.13......................  Addresses............  Addresses where reports,    Yes.
                                                            notifications, and
                                                            requests are sent.
Sec.   63.14......................  Incorporations by      Test methods incorporated   Yes.
                                     Reference.             by reference.
Sec.   63.15......................  Availability of        Public and confidential     Yes.
                                     Information and        information.
                                     Confidentiality.
Sec.   63.16......................  Performance Track      Requirements for            Yes.
                                     Provisions.            Performance Track member
                                                            facilities.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-05901 Filed 7-1-20; 8:45 am]
BILLING CODE 6560-50-P

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