Current through Register Vol. 48, No. 38, September 20, 2024
a) Applicability. On and after January 1,
2012:
1) Except as provided in subsection
(a)(2) of this Section, the requirements of this Section shall apply to all
cleaning operations that use organic materials at sources that emit a total of
226.8 kg per calendar month (500 lbs per calendar month) or more of VOM, in the
absence of air pollution control equipment, from cleaning operations at the
source other than cleaning operations identified in subsection (a)(2) of this
Section. For purposes of this Section, "cleaning operation" means the process
of cleaning products, product components, tools, equipment, or general work
areas during production, repair, maintenance, or servicing, including but not
limited to spray gun cleaning, spray booth cleaning, large and small
manufactured components cleaning, parts cleaning, equipment cleaning, line
cleaning, floor cleaning, and tank cleaning, at sources with emission
units;
2) Notwithstanding
subsection (a)(1) of this Section:
A) The
following cleaning operations shall be exempt from the requirements of
subsections (b), (c), (d), (e), (f), and (g) of this Section:
i) Cleaning operations subject to the
limitations in Sections
218.182,
218.183,
or
218.184;
ii) Janitorial cleaning;
iii) Stripping of cured coatings, inks, or
adhesives;
iv) Cleaning operations
in printing pre-press areas, including the cleaning of film processors, color
scanners, plate processors, film cleaning, and plate cleaning;
B) Cleaning operations for
emission units within the following categories shall be exempt from the
requirements of subsections (b), (c), (d), (e), (f), and (g) of this Section:
i) Flexible package printing;
ii) Lithographic printing;
iii) Letterpress printing;
iv) Flat wood paneling coating;
v) Large appliance coating;
vi) Metal furniture coating;
vii) Paper, film, and foil coating;
viii) Wood furniture coating;
ix) Plastic parts coating;
x) Miscellaneous metal parts
coating;
xi) Fiberglass boat
manufacturing;
xii) Miscellaneous
industrial adhesives; and
xiii)
Auto and light-duty truck assembly coating;
C) The following cleaning operations shall be
exempt from the requirements of subsections (b), (c), (f), and (g) of this
Section:
i) Cleaning of solar cells, laser
hardware, scientific instruments, and high-precision optics;
ii) Cleaning conducted as part of performance
laboratory tests on coatings, adhesives, or inks; research and development
operations; or laboratory tests in quality assurance laboratories;
iii) Cleaning of paper-based gaskets and
clutch assemblies where rubber is bonded to metal by means of an
adhesive;
iv) Cleaning of cotton
swabs to remove cottonseed oil before cleaning of high-precision
optics;
v) Cleaning of medical
device and pharmaceutical manufacturing operations if the facility uses no more
than 5.7 liters (1.5 gallons) per day of
solvents for such cleaning;
vi)
Cleaning of adhesive application equipment used for thin metal
laminating;
vii) Cleaning of
electronic or electrical cables;
viii) Touch-up cleaning performed on printed
circuit boards where surface mounted devices have already been
attached;
ix) Cleaning of coating
and adhesive application processes utilized to manufacture transdermal drug
delivery products using no more than three gallons per day of ethyl
acetate;
x) Cleaning of application
equipment used to apply coatings on satellites and radiation effect
coatings;
xi) Cleaning of
application equipment used to apply solvent-borne fluoropolymer
coatings;
xii) Cleaning of
ultraviolet or electron beam adhesive application;
xiii) Cleaning of sterilization indicating
ink application equipment if the facility uses no more than 5.7 liters
(1.5 gallons)
per day of solvents for such cleaning;
xiv) Cleaning of metering rollers, dampening
rollers, and printing plates;
xv)
Cleaning of numismatic dies;
xvi)
Cleaning operations associated with digital printing;
xvii) Cleaning with aerosol products if the
facility uses no more than 4.7 liters (1.25 gallons) per
day of such products;
xviii)
Cleaning of plastic-based or vinyl-based substrates for use in the screen
printing process when using UV curable ink and coating systems;
xix) Cleaning conducted as part of
performance tests on coatings, adhesives, or inks that are in research and
development and that are not yet commercially used for the applications for
which they are being tested. This exemption is limited to the use of up to a
total of 90.9 liters (24 gallons) of cleaning solvent per calendar month and
416.3 liters (110 gallons) per calendar year for such cleaning.
b) Material
and Control Requirements. No owner or operator of a source subject to this
Section, other than manufacturers of coatings, inks, adhesives, or resins,
shall perform any cleaning operation subject to this Section unless the owner
or operator meets the requirements in subsection (b)(1), (b)(2), or (b)(3). No
owner or operator of a source that manufactures coatings, inks, adhesives, or
resins shall perform any cleaning operation subject to this Section unless the
owner or operator meets the requirements in at least one of the following
subsections: (b)(1), (b)(2), (b)(3), (b)(4), or (b)(5).
1) The VOM content of the as-used cleaning
solutions does not exceed the following emissions limitations:
A) Product cleaning during manufacturing
process or surface preparation for coating,
adhesive, or ink application:
|
kg/l lb/gal
|
i)
|
Electrical apparatus components and electronic
components
|
0.100.83
|
|
ii)
|
Medical device and pharmaceutical
manufacturing
|
0.806.7
|
B)
Repair and maintenance cleaning:
|
kg/l lb/gal
|
i)
|
Electrical apparatus components and electronic
components
|
0.100.83
|
|
ii)
|
Medical device and pharmaceutical manufacturing
tools, equipment, and machinery
|
0.806.7
|
iii)
|
Medical device and pharmaceutical manufacturing
general work surfaces
|
0.605.0
|
C)
Cleaning of ink application equipment:
|
kg/l lb/gal
|
i)
|
Rotogravure printing that does not print flexible
packaging
|
0.100.83
|
|
ii)
|
Screen printing, including screen reclamation
activities
|
0.504.2
|
|
iii)
|
Ultraviolet ink and electron beam ink application
equipment, except screen printing
|
0.655.4
|
|
iv)
|
Flexographic printing that does not print flexible
packaging
|
0.10 0.83
|
kg/l lb/gal
D) Cleaning of equipment used in the 0.201.67
manufacture of coatings, inks,
adhesives, or resins
kg/1 lb/gal
E) All other cleaning operations not
0.0500.42
subject to a specific limitation in
subsections (b)(1)(A) through (b)(1)(D) of this
Section
2) The
VOM composite vapor pressure of each as-used cleaning solution used does not
exceed 8.0 mmHg measured at 20oC
(68oF);
3) An afterburner or carbon adsorber is
installed and operated that reduces VOM emissions from the subject cleaning
operation by at least 85 percent overall, or for sources that manufacture
coatings, inks, adhesives, or resins, an afterburner or carbon adsorber is
installed and operated that reduces VOM emissions from the subject cleaning
operation by at least 80 percent overall and has a 90 percent efficiency. The
owner or operator may use an emissions control system other than an afterburner
or carbon adsorber if such device reduces VOM emissions from the subject
cleaning operation in accordance with the applicable capture and control
requirements of this subsection (b)(3), the owner or operator submits a plan to
the Agency detailing appropriate monitoring devices, test methods,
recordkeeping requirements, and operating parameters for such control device,
and such plan is approved by the Agency and USEPA within federally enforceable
permit conditions;
4) For sources
that manufacture coatings, inks, adhesives, or resins, the owner or operator
complies with the following work practices:
A) Equipment being cleaned is maintained
leak-free;
B) VOM-containing
cleaning materials are drained from the cleaned equipment upon completion of
cleaning;
C) VOM-containing
cleaning materials, including waste solvent, are not stored or disposed of in
such a manner that will cause or allow evaporation into the atmosphere;
and
D) VOM-containing cleaning
materials are stored in closed containers;
5) Sources that manufacture coatings, inks,
adhesives, or resins may utilize solvents that do not comply with subsection
(b)(1) or (b)(2) of this Section provided that all of the following
requirements are met:
A) No more than 228 l
(60 gal) of fresh solvent is used per calendar month. Solvent that is reused or
recycled, either onsite or offsite, for further use in equipment cleaning or in
the manufacture of coatings, inks, adhesives, or resins, shall not be included
in this limit;
B) Solvents,
including cleanup solvents, are collected and stored in closed containers;
and
C) Records are maintained in
accordance with subsection (e)(6).
c) The owner or operator of a subject source
shall demonstrate compliance with this Section by using the applicable test
methods and procedures specified in subsection (g) of this Section and by
complying with the recordkeeping and reporting requirements specified in
subsection (e) of this Section.
d)
Operating Requirements. The owner or operator of a source subject to the
requirements of this Section shall comply with the following for each subject
cleaning operation. Such requirements are in addition to work practices set
forth in subsections (b)(4) and (b)(5) of this Section, as applicable:
1) Cover open containers and properly cover
and store applicators
used to apply cleaning solvents;
2) Minimize air circulation around the
cleaning operation;
3) Dispose of
all used cleaning solutions, cleaning towels, and applicators used to apply
cleaning solvents in closed containers;
4) Utilize equipment practices that minimize
emissions;
5) When using cleaning
solvent for wipe cleaning, sources that manufacture coatings, inks, adhesives,
or resins shall:
A) Cover open containers
used for the storage of spent or fresh organic compounds used for cleanup or
coating, ink, adhesive, or resin removal; and
B) Cover open containers used for the storage
or disposal of cloth or paper impregnated with organic compounds that are used
for cleanup or coating, ink, adhesive, or resin removal.
e) Recordkeeping and Reporting
Requirements
1) The owner or operator of a
source exempt from the limitations of this Section because of the criteria in
subsection (a)(1) of this Section shall comply with the following:
A) By January 1, 2012, or upon initial
start-up of the source, whichever is later, submit a certification to the
Agency that includes:
i) A declaration that
the source is exempt from the requirements of this Section because of the
criteria in subsection (a)(1);
ii)
Calculations that demonstrate that combined emissions of VOM from cleaning
operations at the source, other than cleaning operations identified in
subsection (a)(2) of this Section, never equal or exceed 226.8 kg/month (500
lbs/month), in the absence of air pollution control equipment. An emission
adjustment factor of 0.50 shall be used in calculating emissions from used shop
towels if the VOM composite vapor pressure of each associated cleaning solution
is demonstrated to be less than 10 mmHg at 20°C (68°F) and the used
shop towels are kept in closed containers. For cleaning solutions with VOM
composite vapor pressures of equal to or greater than 10 mmHG measured at
20°C (68°F) and for shop towels that are not kept in closed containers,
no emission adjustment factor shall be used;
B) On and after January 1, 2012, collect and
record the following information each month for each cleaning operation, other
than cleaning operations identified in subsection (a)(2) of this Section:
i) The name and identification of each
VOM-containing cleaning solution as applied in each cleaning
operation;
ii) The VOM content of
each cleaning solution as applied in each cleaning operation;
iii) The weight of VOM per volume and the
volume of each as-used cleaning solution; and
iv) The total monthly VOM emissions from
cleaning operations at the source;
C) Notify the Agency of any record that shows
that the combined emissions of VOM from cleaning operations at the source,
other than cleaning operations identified in subsection (a)(2) of this Section,
ever equal or exceed 226.8 kg/month (500 lbs/month), in the absence of air
pollution control equipment, within 30 days after the event occurs.
2) All sources subject to the
requirements of this Section shall:
A) By
January 1, 2012, or upon initial start-up of the source, whichever is later,
submit a certification to the Agency that includes:
i) A declaration that all subject cleaning
operations are in compliance with the requirements of this Section;
ii) Identification of each subject cleaning
operation and each VOM-containing cleaning solution used as of the date of
certification in such operation;
iii) If complying with the emissions control
system requirement, what type of emissions control system will be
used;
iv) Initial documentation
that each subject cleaning operation will comply with the applicable
limitation, including copies of manufacturer's specifications, test results (if
any), formulation data, and calculations;
v) Identification of the methods that will be
used to demonstrate continuing compliance with the applicable
limitations;
vi) A description of
the practices and procedures that the source will follow to ensure compliance
with the limitations in subsection (d), and, if applicable, subsection (b)(4);
and
vii) A description of each
cleaning operation exempt pursuant to subsection (a)(2), if any, and a listing
of the emission units on which the exempt cleaning operation is
performed;
B) At least
30 calendar days before changing the method of compliance between subsections
(b)(1), (b)(2), (b)(4), or (b)(5) and subsection (b)(3) of this Section, notify
the Agency in writing of such change. The notification shall include a
demonstration of compliance with the newly applicable subsection;
3) All sources complying with this
Section pursuant to the requirements of subsection (b)(1) of this Section shall
collect and record the following information for each cleaning solution used:
A) For each cleaning solution that is
prepared at the source with automatic equipment:
i) The name and identification of each
cleaning solution;
ii) The VOM
content of each cleaning solvent in the cleaning solution;
iii) Each change to the setting of the
automatic equipment, with date, time, description of changes in the cleaning
solution constituents (e.g., cleaning solvents), and a description of changes
to the proportion of cleaning solvent and water (or other non-VOM);
iv) The proportion of each cleaning solvent
and water (or other non-VOM) used to prepare the as-used cleaning
solution;
v) The VOM content of the
as-used cleaning solution, with supporting calculations; and
vi) A calibration log for the automatic
equipment, detailing periodic checks;
B) For each batch of cleaning solution that
is not prepared at the source with automatic equipment:
i) The name and identification of each
cleaning solution;
ii) Date, time
of preparation, and each subsequent modification of the batch;
iii) The VOM content of each cleaning solvent
in the cleaning solution;
iv) The
total amount of each cleaning solvent and water (or other non-VOM) used to
prepare the as-used cleaning solution; and
v) The VOM content of the as-used cleaning
solution, with supporting calculations. For cleaning solutions that are not
prepared at the site but are used as purchased, the manufacturer's
specifications for VOM content may be used if such manufacturer's
specifications are based on results of tests of the VOM content conducted in
accordance with methods specified in Section
218.105(a)
of this Part;
4) All sources complying with this Section
pursuant to the requirements of subsection (b)(2) of this Section shall collect
and record the following information for each cleaning solution used:
A) The name and identification of each
cleaning solution;
B) Date, time of
preparation, and each subsequent modification of the batch;
C) The molecular weight, density, and VOM
composite partial vapor pressure of each cleaning solvent, as determined in
accordance with the applicable methods and procedures specified in Section
218.110
of this Part;
D) The total amount
of each cleaning solvent used to prepare the as-used cleaning solution;
and
E) The VOM composite partial
vapor pressure of each as-used cleaning solution, as determined in accordance
with the applicable methods and procedures specified in Section
218.110
of this Part;
5) All
sources complying with this Section pursuant to the requirements of subsection
(b)(3) of this Section shall comply with the following:
A) By January 1, 2012, or upon initial
start-up of the source, whichever is later, and upon initial start-up of a new
emissions control system, include in the certification required by subsection
(e)(3) of this Section a declaration that the monitoring equipment required
under subsection (f) of this Section has been properly installed and calibrated
according to manufacturer's specifications;
B) If testing of an emissions control system
is conducted pursuant to subsection (g) of this Section, the owner or operator
shall, within 90 days after conducting such testing, submit a copy of all test
results to the Agency and shall submit a certification to the Agency that
includes the following:
i) A declaration that
all tests and calculations necessary to demonstrate compliance with subsection
(b)(3) of this Section have been properly performed;
ii) A statement whether the subject cleaning
operation is or is not in compliance with subsection (b)(3) of this Section;
and
iii) The operating parameters
of the emissions control system during testing, as monitored in accordance with
subsection (f) of this Section;
C) Collect and record daily the following
information for each cleaning operation subject to the requirements of
subsection (b)(3) of this Section:
i)
Emissions control system monitoring data in accordance with subsection (f) of
this Section, as applicable;
ii) A
log of operating time for the emissions control system, monitoring equipment,
and the associated cleaning equipment;
iii) A maintenance log for the emissions
control system and monitoring equipment detailing all routine and non-routine
maintenance performed, including dates and duration of any outages;
D) Maintain records documenting
the use of good operating practices consistent with the equipment
manufacturer's specifications for the cleaning equipment being used and the
emissions control system equipment. At a minimum, these records shall include:
i) Records for periodic inspection of the
cleaning equipment and emissions control system equipment with date of
inspection, individual performing the inspection, and nature of
inspection;
ii) Records for repair
of malfunctions and breakdowns with identification and description of incident,
date identified, date repaired, nature of repair, and the amount of VOM
released into the atmosphere as a result of the incident;
6) All sources complying with this
Section pursuant to the requirements of subsection (b)(5) of this Section shall
collect and record monthly the following information for each cleaning
operation subject to the requirements of subsection (b)(5) of this Section:
A) The name, identification, and volume of
each VOM-containing cleaning solution as applied in each cleaning
operation;
B) The volume of each
fresh cleaning solvent used for cleaning coating, ink, adhesive, or resin
manufacturing equipment;
C) The
volume of cleaning solvent recovered for either offsite or onsite reuse or
recycling for further use in the cleaning of coating, ink, adhesive, or resin
manufacturing equipment;
7) The owner or operator of a source with
cleaning operations that fall under one or more of the exclusions set forth in
subsection (a)(2)(C)(v), (a)(2)(C)(xiii),, or (a)(2)(C)(xvii) including sources
exempt from the limitations of this Section because of the criteria in
subsection (a)(1), shall:
A) By January 1,
2012, or upon initial start-up of the source, whichever is later, submit a
certification to the Agency that includes a declaration that the source has
cleaning operations that fall under one or more of the exclusions set forth in
subsection (a)(2)(C)(v), (a)(2)(C)(xiii), or (a)(2)(C)(xvii) and a statement
identifying each such cleaning operation and the exclusion applicable to each
cleaning operation;
B) Collect and
record the name, identification, and volume of each cleaning solvent as applied
each day in each cleaning operation that falls under one or more of the
exclusions set forth in subsection (a)(2)(C)(v), (a)(2)(C)(xiii), or
(a)(2)(C)(xvii); and
C) Notify the
Agency in writing if the amount of cleaning solvent used in the cleaning of
medical device and pharmaceutical manufacturing operations or of sterilization
indicating ink application equipment at the source ever exceeds 5.7 liters
(1.5 gallons) per day, or
if the amount of aerosol cleaning products used at the source ever exceeds 4.7
liters (1.25 gallons) per
day, within 30 days after the exceedance occurs;
8) The owner or operator of a source with
cleaning operations that fall under one or more of the exclusions set forth in
subsection (a)(2)(C)(xviii) or (a)(2)(C)(xix), including sources exempt from
the limitations of this Section because of the criteria in subsection (a)(1),
shall:
A) By January 1, 2012, or upon initial
start-up of the source, whichever is later, submit a certification to the
Agency that includes a declaration that the source has cleaning operations that
fall under one or more of the exclusions set forth in subsection
(a)(2)(C)(xviii) or (a)(2)(C)(xix), and a statement identifying each such
cleaning operation and the exclusion applicable to each cleaning
operation;
B) Collect and record
the name, identification, volume, and VOM content of each cleaning solvent as
applied each month in each cleaning operation that falls under one or more of
the exclusions set forth in subsection (a)(2)(C)(xviii) or
(a)(2)(C)(xix);
C) For cleaning
operations that fall under the exclusion set forth in subsection
(a)(2)(C)(xviii), collect and record each month information demonstrating that
the exempt cleaning solvent is being used exclusively for the cleaning of
plastic-based or vinyl-based substrates for use in the screen printing process
when using UV curable ink and coating systems; and
D) For cleaning operations that fall under
the exclusion set forth in subsection (a)(2)(C)(xix), collect and record each
month information demonstrating that the exempt cleaning solvent is being used
exclusively for production line performance testing of coatings that are in
research and development and are not yet commercially used for the applications
for which they are being tested;
9) All sources subject to the requirements of
subsections (b) and (d) of this Section shall notify the Agency of any
violation of subsection (b) or (d) by providing a description of the violation
and copies of records documenting the violation to the Agency within 30 days
following the occurrence of the violation;
10) All records required by this subsection
(e) shall be retained by the source for at least three years and shall be made
available to the Agency upon request.
f) Monitoring Requirements
1) If an afterburner is used to demonstrate
compliance, the owner or operator of a source subject to subsection (b)(3) of
this Section shall:
A) Install, calibrate,
operate, and maintain temperature monitoring devices with an accuracy of
3oC or 5oF on the
emissions control system in accordance with Section
218.105(d)(2)
of this Part and in accordance with the manufacturer's specifications.
Monitoring shall be performed at all times when the emissions control system is
operating; and
B) Install,
calibrate, operate and maintain, in accordance with manufacturer's
specifications, a continuous recorder on the temperature monitoring devices,
such as a strip chart, recorder or computer, with at least the same accuracy as
the temperature monitor;
2) If a carbon adsorber is used to
demonstrate compliance, the owner or operator of a source subject to subsection
(b)(3) shall use Agency and USEPA approved continuous monitoring equipment that
is installed, calibrated, maintained, and operated according to vendor
specifications at all times the control device is in use. The continuous
monitoring equipment shall monitor the VOM concentration of each carbon
adsorption bed or the exhaust of the bed next in sequence to be
desorbed;
3) If an emissions
control system other than an afterburner or carbon adsorber is used to
demonstrate compliance, the owner or operator of a source subject to subsection
(b)(3) of this Section shall install, maintain, calibrate, and operate such
monitoring equipment as set forth in the owner's or operator's plan approved by
the Agency and USEPA pursuant to subsection (b)(3).
g) Testing Requirements
1) Testing to demonstrate compliance with the
requirements of this Section shall be conducted by the owner or operator within
90 days after a request by the Agency, or as otherwise specified in this
Section. Such testing shall be conducted at the expense of the owner or
operator and the owner or operator shall notify the Agency in writing 30 days
in advance of conducting the testing to allow the Agency to be present during
the testing;
2) Testing to
demonstrate compliance with the VOM content limitations in subsection (b)(1) of
this Section, and to determine the VOM content of cleaning solvents and
cleaning solutions, shall be conducted as follows:
A) The applicable test methods and procedures
specified in Section
218.105(a)
of this Part shall be used, provided; however, Method 24, incorporated by
reference in Section
218.112
of this Part, shall be used to demonstrate compliance; or
B) The manufacturer's specifications for VOM
content for cleaning solvents may be used if such manufacturer's specifications
are based on results of tests of the VOM content conducted in accordance with
methods specified in Section
218.105(a)
of this Part; provided, however, Method 24 shall be used to determine
compliance. In the event of any inconsistency between a Method 24 test and the
manufacturer's specifications, the Method 24 test shall govern;
3) Testing to determine the VOM
composite partial vapor pressure of cleaning solvents, cleaning solvent
concentrates, and as-used cleaning solutions shall be conducted in accordance
with the applicable methods and procedures specified in Section
218.110
of this Part;
4) For afterburners
and carbon adsorbers, the methods and procedures of Section
218.105(d) through
(f) shall be used for testing to demonstrate
compliance with the requirements of subsection (b)(3) of this Section, as
follows:
A) To select the sampling sites,
Method 1 or 1A, as appropriate, 40 CFR 60, appendix A, incorporated by
reference in Section
218.112
of this Part;
B) To determine the
volumetric flow rate of the exhaust stream, Method 2, 2A, 2C, or 2D, as
appropriate, 40 CFR 60, appendix A, incorporated by reference in Section
218.112
of this Part;
C) To determine the
VOM concentration of the exhaust stream entering and exiting the emissions
control system, Method 25 or 25A, as appropriate, 40 CFR 60, appendix A,
incorporated by reference in Section
218.112
of this Part. For thermal and catalytic afterburners, Method 25 must be used
except under the following circumstances, in which case Method 25A must be
used:
i) The allowable outlet concentration
of VOM from the emissions control system is less than 50 ppmv, as
carbon;
ii) The VOM concentration
at the inlet of the emissions control system and the required level of control
result in exhaust concentrations of VOM of 50 ppmv, or less, as carbon;
and
iii) Due to the high efficiency
of the emissions control system, the anticipated VOM concentration at the
emissions control system exhaust is 50 ppmv or less, as carbon, regardless of
inlet concentration. If the source elects to use Method 25A under this option,
the exhaust VOM concentration must be 50 ppmv or less, as carbon, and the
required destruction efficiency must be met for the source to have demonstrated
compliance. If the Method 25A test results show that the required destruction
efficiency apparently has been met, but the exhaust concentration is above 50
ppmv, as carbon, a retest is required. The retest shall be conducted using
either Method 25 or Method 25A. If the retest is conducted using Method 25A and
the test results again show that the required destruction efficiency apparently
has been met, but the exhaust concentration is above 50 ppmv, as carbon, the
source must retest using Method 25;
D) During testing, the cleaning equipment
shall be operated at representative operating conditions and flow
rates;
5) An owner or
operator using an emissions control system other than an afterburner or carbon
adsorber shall conduct testing to demonstrate compliance with the requirements
of subsection (b)(3) of this Section as set forth in the owner's or operator's
plan approved by the Agency and USEPA as federally enforceable permit
conditions pursuant to subsection (b)(3).