[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22668-22678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10463]
[[Page 22668]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9977-73-OECA]
Applicability Determination Index (ADI) Data System Recent
Posting: Agency Applicability Determinations, Alternative Monitoring
Decisions, and Regulatory Interpretations Pertaining to Standards of
Performance for New Stationary Sources, Emission Guidelines and Federal
Plan Requirements for Existing Sources, National Emission Standards for
Hazardous Air Pollutants, and the Stratospheric Ozone Protection
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: This notice announces applicability determinations,
alternative monitoring decisions, and regulatory interpretations that
EPA has made with regard to the New Source Performance Standards
(NSPS); the National Emission Standards for Hazardous Air Pollutants
(NESHAP); the Emission Guidelines and Federal Plan Requirements for
existing sources; and/or the Stratospheric Ozone Protection Program.
FOR FURTHER INFORMATION CONTACT: An electronic copy of each complete
document posted on the Applicability Determination Index (ADI) data
system is available on the internet through the Resources and Guidance
Documents for Compliance Assistance page of the Clean Air Act
Compliance Monitoring website under ``Air'' at: https://www2.epa.gov/compliance/resources-and-guidance-documents-compliance-assistance. The
letters and memoranda on the ADI may be located by author, date, office
of issuance, subpart, citation, control number, or by string word
searches. For questions about the ADI or this notice, contact Maria
Malave at EPA by phone at: (202) 564-7027, or by email at:
[email protected]. For technical questions about individual
applicability determinations or monitoring decisions, refer to the
contact person identified in the individual documents, or in the
absence of a contact person, refer to the author of the document.
SUPPLEMENTARY INFORMATION:
Background
The General Provisions of the NSPS in 40 Code of Federal
Regulations (CFR) part 60 and the General Provisions of the NESHAP in
40 CFR part 61 provide that a source owner or operator may request a
determination of whether certain intended actions constitute the
commencement of construction, reconstruction, or modification. 40 CFR
60.5 and 61.06. The General Provisions in part 60 also apply to Federal
and EPA-approved state plans for existing sources in 40 CFR part 62.
See 40 CFR 62.02(b)(2). The EPA's written responses to inquiries on
provisions in parts 60, 61 and 62 are commonly referred to as
applicability determinations. Although the NESHAP part 63 regulations
[which include Maximum Achievable Control Technology (MACT) standards
and/or Generally Available Control Technology (GACT) standards] contain
no specific regulatory provision providing that sources may request
applicability determinations, the EPA also responds to written
inquiries regarding applicability for the part 63 regulations. In
addition, the General Provisions in part 60 and 63 allow sources to
seek permission to use monitoring or recordkeeping that is different
from the promulgated requirements. See 40 CFR 60.13(i), 61.14(g),
63.8(b)(1), 63.8(f), and 63.10(f). The EPA's written responses to these
inquiries are commonly referred to as alternative monitoring decisions.
Furthermore, the EPA responds to written inquiries about the broad
range of regulatory requirements in 40 CFR parts 60 through 63 as they
pertain to a whole source category. These inquiries may pertain, for
example, to the type of sources to which the regulation applies, or to
the testing, monitoring, recordkeeping, or reporting requirements
contained in the regulation. The EPA's written responses to these
inquiries are commonly referred to as regulatory interpretations.
The EPA currently compiles EPA-issued NSPS and NESHAP applicability
determinations, alternative monitoring decisions, and regulatory
interpretations, and posts them to the ADI on a regular basis. In
addition, the ADI contains EPA-issued responses to requests pursuant to
the stratospheric ozone regulations, contained in 40 CFR part 82. The
ADI is a data system on the internet with over three thousand EPA
letters and memoranda pertaining to the applicability, monitoring,
recordkeeping, and reporting requirements of the NSPS, NESHAP, emission
guidelines and Federal Plans for existing sources, and stratospheric
ozone regulations. Users can search for letters and memoranda by date,
office of issuance, subpart, citation, control number, or by string
word searches.
Today's notice comprises a summary of 54 such documents added to
the ADI on April 24, 2018. This notice lists the subject and header of
each letter and memorandum, as well as a brief abstract of the letter
or memorandum. Complete copies of these documents may be obtained from
the ADI on the internet through the Resources and Guidance Documents
for Compliance Assistance page of the Clean Air Act Compliance
Monitoring website under ``Air'' at: https://www2.epa.gov/compliance/resources-and-guidance-documents-compliance-assistance.
Summary of Headers and Abstracts
The following table identifies the database control number for each
document posted on the ADI data system on April 24, 2018; the
applicable category; the section(s) and/or subpart(s) of 40 CFR part
60, 61, 62, or 63 (as applicable) addressed in the document; and the
title of the document, which provides a brief description of the
subject matter.
Also included is an abstract of each document identified with its
control number after the table. These abstracts are provided solely to
alert the public to possible items of interest and are not intended as
substitutes for the contents of the documents. This notice does not
change the status of any document with respect to whether it is ``of
nationwide scope or effect'' for purposes of CAA section 307(b)(1). For
example, this notice does not convert an applicability determination
for a particular source into a nationwide rule. Neither does it purport
to make a previously non-binding document binding.
ADI Determinations Uploaded on April 24, 2018
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Control No. Categories Subparts Title
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1600019.................... NSPS............................. A, TTTT................ Applicability
Determination for
Stationary Combustion
Turbine.
FP00003.................... Federal Plan..................... LLL, EEE............... Alternative Monitoring
Plan at Sewage Sludge
Incinerator.
1700003.................... NSPS............................. WWW.................... Alternative Tier 2
Testing Methodology
for MSW Landfill.
1700004.................... NSPS, MACT, NESHAP............... Kb, UUUU............... Applicability
Determination for Two
Carbon Disulfide
Storage Tanks.
[[Page 22669]]
1700005.................... NSPS, MACT....................... Ja, CC................. Applicability
Determination to
Determine if
Compliance with 40 CFR
63.670 Triggers 40 CFR
60 NSPS Subpart Ja for
Flares.
FP00004.................... Federal Plan..................... LLL.................... Applicability
Determination for
Sewage Sludge
Gasifier.
1700008.................... NSPS............................. A, Appen............... Relative Accuracy Test
Audit Frequency for
Carbon Monoxide CEMS.
1700010.................... NSPS............................. CCCC, EEEE............. Applicability
Determination for
Gasification Unit.
1700011.................... Federal Plan, NSPS............... GGG, WWW............... Request for Removal of
Landfill Gas
Collection and Control
System.
1700012.................... NSPS............................. A, J................... Applicability
Determination for
Flare at Hydrogen
Reformer Facility.
1700014.................... NSPS............................. OOOOa.................. Applicability
Determination for Well
Completion Operations.
1700015.................... NSPS............................. KKKK................... Regulatory
Interpretation for
Emissions Reporting at
Combustion Turbine.
1700016.................... NSPS............................. J, Ja.................. Alternative Monitoring
Plan for Hydrogen
Sulfide in Temporary
Tank Degassing Events
at a Refinery.
1700017.................... NSPS............................. OOO.................... Applicability
Determination of
Nonmetallic Mineral.
1700018.................... NSPS............................. J, Ja.................. Alternative Monitoring
Plan for Hydrogen
Sulfide and Sulfur
Dioxide in Flares and
Fuel Gas Combustion
Devices at Petroleum
Refinery.
1700019.................... NSPS............................. Ja..................... Alternative Monitoring
Request for Sulfur
Dioxide at Sulfur
Recovery Plant.
1700020.................... NSPS............................. A, Ja.................. Alternative Monitoring
Plan for CEMS
Calibration Gas at a
Refinery.
1700021.................... NSPS............................. J, Ja.................. Alternative Monitoring
Plan for Hydrogen
Sulfide Vapors
Combusted in Portable
Thermal Oxidizers at
Refineries.
1700022.................... NSPS............................. J, Ja.................. Alternative Monitoring
Plan and Performance
Test Waiver for
Hydrogen Sulfide
Vapors Combusted in
Portable Thermal
Oxidizers and Fuel Gas
Combustion Devices at
Refineries.
1700023.................... NSPS............................. Ja..................... Alternative Monitoring
Plan for Hydrogen
Sulfide in Vapor
Combustion Units at a
Refinery.
1700024.................... NSPS............................. J, Ja.................. Alternative Monitoring
Plan for Hydrogen
Sulfide and Sulfur
Dioxide in Flares and
Fuel Gas Combustion
Devices at a Refinery.
1700025.................... NSPS............................. J, Ja.................. Alternative Monitoring
Plan for Hydrogen
Sulfide in Mobile
Combustion Devices at
Refineries.
1700026.................... NSPS............................. Ja..................... Alternative Monitoring
Plan for NOx CEMS Span
for Heaters at a
Refinery.
1700027.................... NSPS............................. A, Ja.................. Alternative Monitoring
Plan for Total Reduced
Sulfur in Flare System
at a Refinery.
1700028.................... NSPS............................. NNN, RRR............... Alternative Monitoring
Plan and Test Waiver
for the Olefins
Manufacturing Unit and
Demethanizer
Distillation Column
Vents at a Chemical
Manufacturing Plant.
1700029.................... NSPS, NESHAP, MACT............... J, UUU................. Alternative Monitoring
Plan for Wet Gas
Scrubber at a
Refinery.
1700030.................... NSPS............................. Ja..................... Flare Flow Monitoring
Accuracy Requirement
for a Refinery.
1700031.................... NSPS............................. Ja..................... Flare Flow Monitoring
Accuracy Requirement
for a Refinery.
1700032.................... NSPS............................. Ja..................... Flare Flow Monitoring
Accuracy Requirement
for a Refinery.
1700033.................... NSPS............................. Ja..................... Flare Flow Monitoring
Accuracy Requirement
for a Refinery.
1700034.................... NSPS, NESHAP, MACT............... Ja, UUU................ Alternative Monitoring
Plan for Sulfur
Dioxide and Oxygen
Concentrations at
Sulfur Recovery Unit
Incinerator at a
Refinery.
1700035.................... NSPS............................. J, Ja.................. Alternative Monitoring
Plan for Portable
Flares and Fuel Gas
Combustion Devices
During Degassing
Operations at a
Refinery.
1700036.................... NSPS............................. FFF.................... Performance Test Waiver
for Flexible Vinyl and
Urethane Coating and
Printing Lines.
A170001.................... Asbestos, NESHAP................. M...................... Applicability
Determination for
Vermiculite Material
in Building
Demolition.
M170001.................... MACT............................. PPPP................... Applicability
Determination for
Surface Coating
Facility.
M170002.................... MACT............................. CC..................... Applicability
Determination for
Vapor Combustor at a
Petroleum Refinery.
M170004.................... MACT, NESHAP..................... DDDDD, HHH............. Applicability
Determination for
Glycol Reboiler Heater
at Natural Gas
Facility.
M170005.................... MACT............................. EEE.................... Alternative Relative
Accuracy Procedure for
Three Hazardous Waste
Liquid Fuel Boilers.
M170006.................... MACT............................. PPPP................... Alternative Control
Device and Monitoring
for Plastic Parts and
Products Coating
Facility.
M170007.................... MACT............................. PPPPP.................. Reconstruction for Test
Cells/Stands.
M170008.................... MACT............................. CC..................... Determination for Flare
Vent Gas
Chromatography
Calibration and
Configuration at
Refinery.
M170009.................... MACT............................. UUUUU.................. Eligibility to Pursue
Low Emitting Electric
Generating Unit Status
under the Mercury Air
Toxics Rule.
M170010.................... MACT, NSPS....................... ZZZZ, IIII............. Applicability
Determination for
Engines at Pump
Station.
M170011.................... MACT............................. FFFF, G................ Waiver Request for Flow
Measurement at a Flare
Performance Test.
M170012.................... MACT............................. DDDDD.................. Mercury Site-Specific
Fuel Analysis Plans
for Boilers and
Process Heaters.
M170013.................... MACT............................. DDDDD.................. Alternative Mercury
Analysis Breakthrough
Request.
M170014.................... MACT, NESHAP..................... UUU.................... Alternative Monitoring
for Oxygen
Concentration at a
Refinery.
M170017.................... MACT............................. FFFF, HHHHH............ Applicability of MON &
MCM rules to Adhesive
Processes at 3M.
WDS-146.................... Woodstoves NSPS.................. AAA.................... Regulatory
Interpretation for
Catalyst Suitable
Replacement
Procedures.
WDS-147.................... Woodstoves, NSPS................. AAA, QQQQ.............. Regulatory
Interpretation on the
Wood Heater Sealing
and Certification
Requirements.
WDS-148.................... Woodstoves NSPS.................. AAA.................... Applicability
Determination for Wood-
Burning Sauna Heaters.
Z170001.................... NESHAP, MACT..................... X...................... Applicability
Determination for
Secondary Lead
Smelting Facility.
Z170002.................... NESHAP........................... UUUU................... Alternative Test and
Monitoring Methods for
Sulfur Compound
Emissions in Process
Vents at a Cellulose
Manufacturing
Facility.
[[Page 22670]]
Z170003.................... NESHAP........................... UUU.................... Alternative Monitoring
for Oxygen
Concentration in
Catalyst Regenerator
at a Refinery.
----------------------------------------------------------------------------------------------------------------
Abstracts
Abstract for [1600019]
Q: Did construction commence on the Portland General Electric (PGE)
Carty Generating Facility electric generating unit (EGU) located in
Boardman, Oregon when the turn-key contract for construction of the
Facility was signed, or later when the contractor began actual onsite
construction activities?
A: Pursuant to 40 CFR 60.5(a) and 40 CFR 60.2 definition of
``commence'', EPA determines that PGE's construction commenced on June
3, 2013, when PGE entered into a contractual obligation construction of
the Carty Generating Facility.
Abstract for [FP00003]
Q1: Does the EPA approve Lynn Water and Sewer Commission's (Lynn's)
request to use site-specific control technology and monitoring
parameters for the granular activated carbon adsorption system used to
control mercury emissions from the sewage sludge incinerator (SSI),
subject to the 40 CFR part, subpart MMMM, Emissions Guidelines and
Compliance Timelines for Existing Sewage Sludge Incineration (SSI)
Units, and located in Lynn, Massachusetts? The SSI is expected to be
subject to the federal standards to be promulgated under 40 CFR part 62
subpart LLL, Federal Plan Requirements for Sewage Sludge Incineration
Units Constructed on or Before October 14, 2010.
A1: Yes. The EPA approves Lynn's site-specific mercury emission
control and monitoring plan for the carbon adsorber. SSIs located in
states that did not develop plans by March 21, 2016, as required by
subpart MMMM, will be subject to the Federal plan requirements of
Subpart LLL, until such time as the state develops a plan that is
approved by EPA. Moreover, the Clean Air Act at 42 U.S.C. 7429(f)(2)
states that performance standards for existing SSIs shall be in effect
no later than five years after the date the emission guidelines were
promulgated, that is by March 21, 2016.
Q2: Does the EPA approve Lynn's request for an Alternative
Monitoring Plan (AMP) for the wet electrostatic precipitator (WESP)
used to control particulate from the incinerator?
A2: Yes. The EPA approves Lynn's request for an AMP for the WESP.
Abstract for [1700003]
Q: Does the EPA approve the alternative testing under 40 CFR part
60, subpart WWW (the Landfill NSPS) to allow use of landfill gas flow
rate measurements at the header of the voluntary gas collection and
control system (GCCS) to calculate annual non-methane organic compound
(NMOC) emissions for a Tier 2 test at the Central Sanitary Landfill
(CSL) in Pierson, Michigan?
A: No. The EPA does not approve the alternative testing to use the
flow rate measurements from the header of the GCCS, unless CSL can
verify that the flow rate measured in the header of the GCCS accounts
for the total quantity of landfill gas generated by the landfill.
Abstract for [1700004]
Q: Does the EPA determine that the two carbon disulfide (CS2)
storage tanks located at the 3M Company (3M) Elyria, Ohio manufacturing
plant are regulated under 40 CFR part 60 subpart Kb, Standards of
Performance in Volatile Organic Liquid for Storage Vessels (NSPS Kb)?
The CS2 storage tanks in question are part of an unloading and storage
operation regulated under 40 CFR part 63 subpart UUUU (MACT UUUU),
NESHAP for Cellulose Products Manufacturing, and the tanks do not have
gaseous emissions.
A: No. The EPA determines that the storage tanks in question that
store CS2, a volatile organic liquid, are not regulated under NSPS Kb
based on the language in Section VI.G.2 of the EPA memorandum from
William Schrock, OAQPS/ESD/OCG to Docket No. A-99-39, Summary of Public
Comments and Responses on the Proposed NESHAP for Cellulosic Products
Manufacturing, dated February 15, 2002. The two CS2 storage tanks are
not the type of storage vessels in terms of their physical siting and
operational design that were intended to be regulated under NSPS
Subpart Kb, even when these tanks meet the vapor pressure and designed
capacity under the NSPS rule. The tanks in question are completely
submerged in a common water bath and have no air space within the tanks
due to having a water layer above the CS2 layer at all times.
Therefore, the tanks do not have direct CS2 gaseous emissions.
Abstract for [1700005]
Q: Does the EPA determine that changes made to the OMD-1 Rail rack
flare, located at the Suncor Energy, Inc. petroleum refinery in
Commerce City, Colorado, to ensure compliance with 40 CFR part 63
subpart CC, NESHAP from Petroleum Refineries, are considered a
modification under 40 CFR part 60 subpart Ja?
A: No. Based on the information provided, the addition of utility
supplied natural gas to the OMD-1 Rail rack flare would not be
considered a modification for subpart Ja purposes because this flare is
not physically connecting any new piping from a ``refinery process
unit'', including ``ancillary equipment,'' or a ``fuel gas system'' as
those terms are defined in Subpart Ja. Rather, the new piping is adding
utility supplied natural gas to vapors from loading racks, Also, the
addition of utility supplied natural gas to the OMD-1 Rail rack flare
is not increasing the flow capacity of the flare.
Abstract for [FP00004]
Q: Does the EPA determine that 40 CFR part 60 subpart MMMM--
Emissions Guidelines and Compliance Timelines for Existing Sewage
Sludge Incineration (SSI) Units (SSI EG Rule) applies to a sewage
sludge gasifier owned by MaxWest Environmental Systems Inc. (MaxWest)
and located in Sanford, Florida?
A: No. EPA determines that the SSI EG Rule, does not apply to the
Maxwest sewage sludge gasifier and thermal oxidizer process heater.
According to the SSI EG Rule, an SSI unit is an ``enclosed device or
devices using controlled flame combustion that burns sewage sludge for
the purpose of reducing the volume of sewage sludge by removing
combustible matter.'' The MaxWest system has no flame and it is not a
sewage sludge incinerator. Next, while the syngas which results from
the gasifier is combusted, the SSI EG rule defines sewage sludge as
``solid, semisolid, or liquid residue generated during the treatment of
domestic sludge in treatment works.'' Since the syngas is a gas and not
a solid, semisolid, or liquid, it does not meet the definition of
sewage sludge in the SSI EG rule (even
[[Page 22671]]
though it is derived from sewage sludge).
Abstract for [1700008]
Q: Does the EPA approve an alternate Relative Accuracy Test Audit
(RATA) frequency for two carbon monoxide (CO) and nitrogen oxides (NOx)
Continuous Emissions Monitoring Systems (CEMS) on two turbines located
at the Associated Electric Cooperative, Inc. (AECI) Dell Power Plant in
Dell, Arkansas?
A: Yes. The EPA approves AECI's request to follow the part 75 RATA
frequency requirements for both NOx and CO CEMS, in accordance with
similar prior approvals allowing a reduction in RATA frequency
requirements for NOx and CO CEMS under part 60 Appendix F. The AECI
turbines operate infrequently, and part 60 RATA frequency requirements
do not take into account the frequency of the unit operations.
Abstract for [1700010]
Q: Is the proposed pilot gasification unit at the Carbon Black
Global LLC (CBG) facility in Dunlap, Tennessee subject to 40 CFR part
60 subpart CCCC (Standards of Performance for Commercial and Industrial
Solid Waste Incineration (CISWI NSPS)? The pilot ``scaled-down'' unit
will be used to optimize and research the gasification of a variety of
carbon-based waste feedstocks for clients. The resultant syngas will be
flared.
A: No. The proposed CBG's operation of the pilot unit is not a
CISWI unit as defined in Sec. 60.2265 and is therefore not subject to
the CISWI NSPS because the resultant syngas will not be in a container
when combusted in the flare. While operation of the pilot unit by CBG
is not subject to the CISWI NSPS, combustion of syngas produced by the
gasification of other wastes, by CBG clients, should be evaluated by
the appropriate delegated permitting agency for potential applicability
under section 129 or section 112 (in the case of hazardous waste
rules).
Abstract for [1700011]
Q1: Does the EPA give permission to remove the Site No. 1, Site No.
2, Fons and Old Wayne landfills' (the Landfills) landfill gas (LFG) gas
collection and control system (GCCS) at a Wayne Disposal Inc. (WDI)
site in Belleville, Michigan that is subject to the Municipal Solid
Waste Landfill Federal Plan at 40 CFR part 62 subpart GGG (Landfill
Federal Plan)?
A1: Yes. The EPA grants permission for WDI to cap or remove its LFG
GCCS from a specific cell to allow a new hazardous waste landfill cell
to overlay it since it has met the approval criteria established at 40
CFR 60.752(b)(2)(v), including: (1) The Landfills are ``a closed
landfill[s]; (2) demonstrated that the NMOC gas production rate is less
than 50 Mg/yr; and (3) demonstrated that the GCCS has been in operation
for at least 15 years, as well as the required removal report is
described in 40 CFR 60.757(e). Details behind this decision are
included in the EPA determination letter.
Q2: Can a landfill cap and remove its GCCS prior to the 15-year
control period if a GCCS was operational prior to the start of the 15-
year control period, but not in compliance with the Landfill NSPS and
the Landfill Federal Plan design criteria?
A2: No. WDI may cap or remove its GCCS at the remaining Landfills
after October 6, 2017, since all conditions per 40 CFR 60.752(b)(2)(v)
for landfill closure will be met on that date. A landfill is required
to do a performance test when a GCCS is installed to ensure that it is
in compliance with the Landfill Federal Plan or Landfill NSPS,
whichever is applicable, which is one of the criteria. Once the GCCS is
determined to be in compliance with design criteria in the Landfill
NSPS and the Federal plan, the 15-year control period begins. Based on
the information provided, WDI has not yet satisfied the 15-year
requirement and must maintain operation of the GCCS until October 6,
2017.
Abstract for [1700012]
Q1: Does the EPA determine that the purchase order for a flare at
the Linde Gas North America hydrogen reformer facility, located in
Romeoville, Illinois, signed prior to the applicability deadline for 40
CFR part 60 subpart J, establish that the facility ``commenced
construction'' of the flare?
A1: Yes. The signed purchase order established a contractual
obligation to construct the flare and therefore the facility had
commenced construction prior to the subpart J applicability deadline.
Q2: Does the EPA determine that gas streams routed to the flare for
combustion are exempt from the hydrogen sulfide (H2S) emission limit at
40 CFR 60.104(a)(1) if the streams result from startup, shutdown, upset
or malfunction of the plant or are due to relief valve leakage or other
emergency malfunctions?
A2: Yes. Process upset gases and gases released as a result of
relief valve leakage or other emergency malfunctions are exempt from
this H2S emission limit.
Q3: Does the EPA determine that the flare is exempt from the sulfur
dioxide (SO2) monitoring requirements at 40 CFR 60.105(a) if
the fuel gas streams are ``inherently low in sulfur''?
A3: Yes. Based on the information provided to the EPA about the gas
streams directed to the flare, they are inherently low in sulfur and
therefore the facility is exempt from the SO2 monitoring
requirements at 40 CFR 60.105(a).
Abstract for [1700014]
Q: Does the EPA determine that well completions performed by
CountryMark Energy Resources, LLC (CountryMark) meet the definition of
hydraulic fracturing at 40 CFR 60.5430a and are subject to subpart
OOOOa?
A: Yes. The EPA determines that CountryMark's operations meet the
definition of hydraulic fracturing at 40 CFR 60.5430a, and are
therefore subject to applicable requirements of subpart OOOOa,
including but not limited to the standards for well affected facilities
at 40 CFR 60.5375a. EPA concludes that the formations within the
Illinois Basin that CountryMark has identified are considered ``tight
formations'' because it is necessary to inject pressurized fluids into
the formations to ``increase the flow of hydrocarbons to the
wellhead''.
Abstract for [1700015]
Q: Does EPA determine that water and fuel injection data associated
with the startup and shutdown of a combustion turbine at the Marshfield
Utilities electric power generation facility be included in the 4-hour
rolling average calculation used to determine compliance with the
nitrogen oxide (NOx) emission limitations for stationary combustion
turbines and for reporting excess emissions under 40 CFR part 60
subpart KKKK?
A: Yes. Subpart KKKK requires that all unit operating hours,
including periods of startup, shutdown and malfunction be included in
the 4-hour rolling average steam or water to fuel ratio calculation in
accordance with 40 CFR 60.4335(a) and 40 CFR 60.4375(a), and any excess
emissions must be reported under 40 CFR 60.4380(a)(l). However, such
excess emissions would not constitute a violation of subpart KKKK if
they occurred as a result of startup, shutdown, or malfunction.
Abstract for [1700016]
Q: Does the EPA approve an Alternative Monitoring Plan (AMP) to
monitor hydrogen sulfide (H2S) in refinery fuel gas during TRiSTAR/
Global Vapor Control, Inc.'s (TRiSTAR) temporary vapor control events,
such as
[[Page 22672]]
tank degassing and cleaning operations subject to 40 CFR part 60
subparts J at refineries in Region 5?
A: Yes. The EPA approves TRiSTAR's AMP at refineries in Region 5
since installing and operating an H2S CMS would be technically
impractical due to the short term nature of tank degassing and similar
operations.
Abstract for [1700017]
Q: Does the EPA determine that sodium gluconate produced at the PMP
Fermentation Products, Inc. facility in Peoria, Illinois is classified
as a nonmetallic mineral under NSPS Subpart OOO?
A. Yes. The EPA determines that sodium gluconate meets the
definition of nonmetallic mineral established in NSPS subpart OOO.
Abstract for [1700018]
Q: Does the EPA approve an expansion of the previously approved
Alternative Monitoring Plan (AMP) for the Flint Hills Resources
refinery to monitor hydrogen sulfide (H2S) and sulfur dioxide
(SO2) when using portable flares and fuel gas combustion
devices to reduce volatile organic compound (VOC) emissions from
vessels and pipes subject to 40 CFR part 60 subpart J or Ja?
A: Yes. The EPA approves that the previously-approved AMP, to
monitor H2S and SO2 in flares and fuel gas
combustion devices used to treat VOC emissions from petroleum refinery
storage tank degassing and cleaning operations subject to NSPS subparts
J and Ja.
Abstract for [1700019]
Q: Does the EPA approve Calumet Superior's alternative monitoring
proposal to use a static default moisture correction to correct the
sulfur dioxide CEMS data to a dry basis, for a sulfur recovery plant
located in Superior, Wisconsin, subject to 40 CFR part 60 subpart Ja?
A: No. NSPS subpart Ja at 40 CFR 60.l06a(a)(l) and the Performance
Specification 2 of Appendix B to part 60 allow for the data to be
monitored either on a dry basis, or to be corrected to a dry basis
using continuously monitored moisture data.
Abstract for [1700020]
Q: Does the EPA approve a request to reduce the concentrations of
the calibration gas and validation standards on the continuous emission
monitoring system (CEMS) for several flares subject to 40 CFR part 60
subpart Ja at the Alon USA (Alon) Big Spring refinery located in Big
Spring, Texas?
A: Yes. The EPA conditionally approves the request provided that
all other requirements of the monitoring procedures of NSPS subpart Ja
for total reduced sulfur (TRS) and hydrogen sulfide (H2S)
are followed. The alternative span gases will address safety concerns
involving storage, handling, and engineering controls. The EPA
conditionally approves a calibration gas concentration range of 0-85
percent for conducting daily drift checks, relative accuracy test
audits, and cylinder gas audits, using a mass spectrometer to
continuously analyze and monitor H2S and TRS, provided that
Alon conducts linearity analysis on the mass spectrometer once every
three years to determine linearity across the entire range of expected
concentrations of acid gas vent streams.
Abstract for [1700021]
Q: Does the EPA approve an Alternative Monitoring Plan (AMP) for
various refineries located in EPA Region 6 and operated by Debusk
Service Group to conduct monitoring of hydrogen sulfide
(H2S) emissions, in lieu of installing a continuous emission
monitoring system (CEMS), when performing tank degassing and other
similar operations controlled by portable, temporary thermal oxidizers,
that are subject to 40 CFR part 60 subparts J or Ja?
A: Yes. Based on the description of the process, the vent gas
streams, the design of the vent gas controls, and the H2S
monitoring data furnished, the EPA conditionally approves the AMP. The
EPA included proposed operating parameter limits (OPLs) and data which
the refineries must furnish as part of the conditional approval. The
AMP is only for degassing operations conducted at refineries in EPA
Region 6. Separate, similar AMP requests for the same company to
conduct degassing operations at refineries in states in other EPA
regions must be approved by those EPA regions.
Abstract for [1700022]
Q: Does EPA approve an Alternative Monitoring Plan (AMP) for the
two Flint Hills Resources Corpus Christi refineries (Flint Hills
Refineries) to conduct monitoring of hydrogen sulfide (H2S)
emissions, in lieu of installing a continuous emission monitoring
system (CEMS), when performing tank degassing and other similar
operations controlled by portable, temporary thermal oxidizers and
other fuel combustion devices that are subject to 40 CFR part 60
subparts J or Ja?
A: Yes. Based on the description of the process, the vent gas
streams, the design of the vent gas controls, and the H2S
monitoring data furnished, EPA conditionally approves a combined AMP
for the portable fuel combustion devices used at both refineries. EPA
included proposed operating parameter limits (OPLs), and data which the
refineries must retain and obtain from contractors, as part of the
conditional approval. The AMP is only for the portable fuel combustion
devices at the aforementioned Flint Hills Refineries. Separate, similar
AMP requests for the same company must be approved by the EPA region.
Abstract for [1700023]
Q: Does EPA approve an Alternative Monitoring Plan (AMP) for
monitoring hydrogen sulfide (H2S) in refinery fuel gas
streams at the Magellan Midstream Partners, L.P.'s (Magellan) facility
in Corpus Christi, Texas which are subject to 40 CFR part 60 subparts J
or Ja?
A: Yes. Based on the information provided by Magellan, the facility
uses a vapor combustion unit (VCU) to control emissions from degassing,
cleaning, and maintenance activities associated with tanks, vessels,
pipes, and LPG trucks. Because the VCU will be used infrequently, and
for short periods, installation of an H2S continuous
emission monitoring system (CEMS) as required under NSPS Subpart Ja is
not economically feasible. The EPA approves use of colorimetric stain
tubes to determine the concentration of H2S in three fuel
gas grab samples prior to entering the VCU. Magellan must record the
results of each grab sample, the key activities completed with each
operation, and any other relevant information associated with
degassing, cleaning, and maintenance activities.
Abstract for [1700024]
Q: Does the EPA approve an Alternative Monitoring Plan (AMP) for
Flint Hill Resources in Rosemount, Minnesota, to monitor hydrogen
sulfide (H2S) and sulfur dioxide (SO2) in flares
for flares and fuel gas combustion devices used to treat volatile
organic compound (VOC) emissions from petroleum refinery storage tank
degassing and cleaning operations subject to the New Source Performance
Standards for Petroleum Refineries, 40 CFR part 60 subparts J and Ja
(NSPS subparts J and Ja)?
A: Yes. The EPA approves an AMP to monitor H2S and
SO2 in flares for flares and fuel gas combustion devices
used to treat VOC emissions from petroleum refinery storage tank
degassing and cleaning operations subject to NSPS subparts J and Ja.
[[Page 22673]]
Abstract for [1700025]
Q: Does the EPA approve an Alternative Monitoring Plan (AMP) for
GEM Mobile Treatment Services to monitor hydrogen sulfide
(H2S) in refinery fuel gas during temporary vapor control
events subject NSPS Subparts J and Ja, such as tank degassing, at
refineries in EPA Region 5?
A: Yes. The EPA approves an AMP to monitor H2S in
refinery fuel gas for mobile combustion devices flares and fuel gas
combustion devices used to treat emissions from temporary vapor control
events, such as tank degassing. Separate, similar AMP requests for
facilities located in other EPA regions must be approved by the
appropriate EPA region.
Abstract for [1700026]
Q: Does the EPA approve Flint Hills Resources (FHR) to use a span
of 0-50 ppmvd for the nitrogen oxides (NOX) continuous
emission monitoring system (CEMS) at two heaters located at the Pine
Ben Refinery located in Saint Paul Minnesota, subject to 40 CFR part 60
subpart Ja?
A: No. EPA disapproves the Alternative Monitoring Proposal to allow
the analyzers spans of 0-50 ppmvd as this range does not cover the
applicable emission limit of 60 ppmvd. However, the EPA conditionally
approves a span of 0-60 ppmvd rather than the 120-180 ppmdv required by
40 CFR 60.107a(c)(1) for the NOX CEMS. The specific
conditions are specified in the EPA response letter.
Abstract for [1700027]
Q: Does the EPA approve an Alternative Monitoring Plan (AMP) to
reduce the concentration of calibration gas used to perform daily
validations and quarterly cylinder gas audits (CGA) of the Total
Reduced Sulfur monitor for the flare gas system at the HollyFrontier El
Dorado Refining LLC refinery (HFEDR) in El Dorado, Kansas, as required
pursuant to 40 CFR 60.13(d) and 40 CFR 60, Appendix F, respectively?
A: Yes. The EPA conditionally approves the HFEDR AMP due to the
safety concerns associated with handling gases with high concentrations
of hydrogen disulfide (H2S). The conditions are listed in
the EPA determination letter.
Abstract for [1700028]
Q1: Does the EPA approve a waiver of the initial performance test
for the Olefins Manufacturing Unit and Demethanizer Distillation Column
Vents, at the Eastman Chemical Company, Longview, Texas facility,
subject to 40 CFR part 60, Standards of Performance for Volatile
Organic Compound Emissions from Synthetic Organic Chemical
Manufacturing Industry Distillation Operations (subpart NNN) and
Reactor Processes (subpart RRR)?
A1: Yes. EPA waives the initial performance test for the specific
vents associated with the two units, both subject to NSPS Subparts RRR
and NNN, as these are being introduced with the primary fuel into a
boiler or process heater in accordance with 40 CFR 60.8(b) and as
provided for in Sec. 60.704(b)(5) of subpart RRR. To ensure that
affected vent streams are routed to appropriate control devices,
subpart RRR requires that the facility maintain a schematic diagram of
the affected vent streams, collection system(s), fuel systems, control
devices, and bypass systems, and include the diagram in the initial
report submitted in accordance with 40 CFR 60.705(b).
Q2: Does EPA approve a substitution of NSPS subpart NNN for NSPS
subpart RRR as an alternative flow and temperature monitoring for the
vent streams associated with two new demethanizer distillation columns?
A2: Yes. The EPA approves the alternative request for meeting
subpart RRR in lieu of subpart NNN requirements for testing,
monitoring, and recordkeeping for boilers and process heaters, part of
the fuel gas system, to comply with the standards of both subparts.
Abstract for [1700029]
Q: Does the EPA re-approve the May 2011 AMP to comply with new
opacity requirements for a wet gas scrubbers (WGS) on the Fluid
Catalytic Cracking Unit (FCCU) at Motiva's Convent, Louisiana refinery,
subject to NSPS subpart J and NESHAP subpart UUU, for continued
parametric monitoring of opacity at the WGS in lieu of a Continuous
Opacity Monitoring System?
A: Yes. Based on the previously established operating parameter
limits for the scrubbers, the EPA agrees that the monitoring provisions
of the previously approved AMP were at least as stringent as the new
FCCUs requirements in both rules amended December 1, 2015, and
therefore re-approves the AMP under the new rules.
Abstract for [1700030]
Q1: Does the EPA find that the Alternative Monitoring Plan (AMP) to
modify a flare's flow sensor measurement accuracy during extremely low
flow conditions at the Valero Refining Company's Ardmore Refinery in
Ardmore, Oklahoma, is still necessary if the flare is a control device
subject to 40 CFR 60.107a(f)(1)(ii)?
A1: No. The EPA finds that the AMP is no longer necessary. The
Final Rule for the Petroleum Refinery Sector Risk and Technology
Review, issued December 1, 2015, amended 40 CFR part 60 subpart Ja to
address such conditions for flares equipped with water seals.
Q2: What does the revised rule now require?
A2: 40 CFR 60.107a(g) allows alternative monitoring with pressure
sensors for flares that have flow meters which do not have measurement
accuracies within 20 percent over a velocity range of 0.1-1
feet per second (fps) flow rate, or 5 percent for flow
velocities exceeding 1 fps.
Abstract for [1700031]
Q1: Does the EPA find that the Alternative Monitoring Plans (AMPs)
to modify the flow sensor measurement accuracy of flares during
extremely low flow conditions at the Valero Refining, Texas L.P.'s
Corpus Christi West Plant and Corpus Christi East Plant Refineries in
Corpus Christi, Texas, are still necessary if the flares are control
devices subject to 40 CFR 60.107a(f)(1)(ii)?
A1: No. The EPA finds that the AMPs are no longer necessary. The
Final Rule for the Petroleum Refinery Sector Risk and Technology
Review, issued December 1, 2015, amended 40 CFR part 60 subpart Ja to
address such conditions for flares equipped with water seals.
Q2: What does the revised rule now require?
A2: 40 CFR 60.107a(g) allows alternative monitoring with pressure
sensors for flares that have flow meters which do not have measurement
accuracies within 20 percent over a velocity range of 0.1-1
feet per second (fps) flow rate, or 5 percent for flow
velocities exceeding 1 fps.
Abstract for [1700032]
Q1: Does the EPA find that the Alternative Monitoring Plan (AMP) to
modify flow sensor measurement accuracy for multiple flares during
extremely low flow conditions at the Valero Refining Company's Texas
City Refinery in Texas City, Texas, is still necessary, if the flares
are control devices subject to 40 CFR 60.107a(f)(1)(ii)?
A1: No. The EPA finds that the AMP is no longer necessary. The
Final Rule for the Petroleum Refinery Sector Risk and Technology
Review, issued December 1, 2015, amended 40 CFR part 60 subpart Ja to
address such conditions for flares equipped with water seals.
[[Page 22674]]
Q2: What does the revised rule now require?
A2: 40 CFR 60.107a(g) allows alternative monitoring with pressure
sensors for flares that have flow meters which do not have measurement
accuracies within 20 percent over a velocity range of 0.1-1
feet per second (fps) flow rate, or 5 percent for flow
velocities exceeding 1 fps.
Abstract for [1700033]
Q1: Does the EPA find that an Alternative Monitoring Plan (AMP) to
modify flow sensor measurement accuracy for multiple flares during
extremely low flow conditions at Valero Refining Company's Three Rivers
Refinery in Three Rivers, Texas, is still necessary if the flares are
control devices subject to 40 CFR 60.107a(f)(1)(ii)?
A1: No. The EPA finds that the AMP is no longer necessary. The
Final Rule for the Petroleum Refinery Sector Risk and Technology
Review, issued December 1, 2015, amended 40 CFR part 60 subpart Ja to
address such conditions for flares equipped with water seals.
Q2: What does the revised rule now require?
A2: 40 CFR 60.107a(g) allows alternative monitoring with pressure
sensors for flares that have flow meters which do not have measurement
accuracies within 20 percent over a velocity range of 0.1-1
feet per second (fps) flow rate, or 5 percent for flow
velocities exceeding 1 fps.
Abstract for [1700034]
Q: Does the EPA approve an Alternative Monitoring Plan (AMP) for
determining sulfur dioxide (SO2) and oxygen (O2)
concentrations on a dry basis, using wet basis concentration data from
continuous emission monitoring systems (CEMS) at a sulfur recovery unit
(SRU) incinerator at the Valero Refining-Meraux LLC (Valero) petroleum
refinery, located in Meraux, Louisiana, subject to 40 CFR part 60
subpart Ja and 40 CFR part 63 subpart UUU?
A: Yes. The EPA conditionally approves Valero's AMP on the No. 3
SRU incinerator while the new dry basis SO2 and
O2 CEMS are installed and commissioned before the AMP
expiration date of August 1, 2017. Valero proposed programming the
refinery's process control and data acquisition system to perform real
time moisture corrections of the vent stream concentrations at the SRU
incinerator. The EPA approves Valero's request to use a methodology to
mathematically correct the measured wet basis concentrations to dry
basis using Equation 2-1, from 40 CFR part 60, Appendix B, Performance
Specification 2, and the moisture fraction value from the most recent
stack test.
Abstract for [1700035]
Q: Does the EPA approve WRB Refining LP's (WRB) Alternative
Monitoring Plan (AMP) for monitoring hydrogen sulfide (H2S) and sulfur
dioxide (SO2) emissions from portable flares and fuel gas
combustion devices used to control emissions from storage tank, process
unit vessel and piping degassing for maintenance and cleaning events at
the Wood River Refinery in Roxana, Illinois refinery subject to 40 CFR
part 60 subparts J and Ja?
A: Yes. The EPA conditionally approves WRB's AMP request since it
agrees that it is impractical to continuously monitor the H2S in and
SO2 emissions from gases going to portable flares and fuel
gas combustion devices during the infrequent and temporary events when
storage tanks, process unit vessels and piping are degassed for
maintenance and cleaning operations, and approves the AMP. The
conditions are specified in the EPA determination letter.
Abstract for [1700036]
Q: Does the EPA grant 3M's request to waive the initial performance
testing requirements of 40 CFR part 60 subpart FFF, Standards of
Performance for Flexible Vinyl and Urethane Coating and Printing (NSPS
subpart FFF) for 3M's 3L and 6L lines at its Hutchinson, Minnesota
facility, which are controlled by separate thermal oxidizers?
A: No. The EPA does not waive the initial performance testing
requirements for 3M's 3L and 6L lines under NSPS subpart FFF for two
reasons. First, the capture and destruction efficiency testing on which
3M wants the waiver to rely were not conducted at the same time. NSPS
subpart FFF requires ``a performance test to determine overall VOC
control efficiency'' which implies simultaneous testing of both capture
efficiency and destruction efficiency at the same time to demonstrate
compliance. Second, even if separate testing of capture and destruction
efficiency was allowed by NSPS subpart FFF, the tests identified by 3M
for demonstrating compliance were conducted years apart (3 and 10 years
for the 3L and 6L lines, respectively). Such long time periods between
testing cannot provide assurance that compliance was achieved, and
cannot provide assurance that operational conditions during each test
were identical.
Abstract for [A170001]
Q: Is there a requirement that Wayne County treat vermiculite
material containing less than one percent asbestos by Polarized Light
Microscopy (PLM) and/or Transmission Electron Microscopy (TEM) as
regulated asbestos-containing material (RACM) under 40 CFR part 61
subpart M (Asbestos NESHAP)? The Wayne County Airport demolition of
Building 715 involves suspect asbestos-containing material (ACM)
consisting of spray-applied fireproofing on the primary roof structure
that contains vermiculite.
A: The EPA recommends, but does not require, that the regulated
community assume vermiculite material is asbestos-containing material
(ACM) and treat it accordingly. However, if vermiculite material is
present in building materials at a facility (as either friable or
Category I or II nonfriable material that could become regulated), then
the facility must be thoroughly inspected and any suspect vermiculite
material must be sampled and analyzed like any other suspect asbestos-
containing friable or nonfriable material unless it is assumed to be
ACM and treated accordingly. Based on the site-specific test results
provided by the Wayne County Airport, the spray-applied fire proofing
tested at Building 715 is not ACM, and is not subject to the federal
Asbestos NESHAP.
Abstract for [M170001]
Q: Does the EPA determine that the Magna DexSys facility in
Lansing, Michigan (Lansing facility) is a major source of hazardous air
pollutants (HAPs) for purposes of applicability of the NESHAP for
Surface Coating of Plastic Parts and Products, at 40 CFR part 63
subpart PPPP?
A: Yes. Based upon the information provided, the EPA determines
that Magna DexSys is a major source as defined under Section 112 of the
Clean Air Act and is, therefore, subject to the requirements of subpart
PPPP. The Lansing facility's permitted xylene emission limits have
always been, and are still, above the major source threshold.
Furthermore, Magna DexSys lacks the data necessary to calculate
uncontrolled HAP emissions at the facility, and there are no federally
enforceable physical or operational limitations in place to limit
emissions from the facility to less than 10 tons per year for a single
HAP or 25 tons per year for any combination of HAP.
Abstract for [M170002]
Q: Does the EPA determine that the vapor combustor in the Plant 2
loading
[[Page 22675]]
area at the Suncor Energy Inc. petroleum refinery in Commerce City,
Colorado is considered a flare under 40 CFR part 63 subpart CC, NESHAP
from Petroleum Refineries, and, therefore, subject to the flare
requirements of 40 CFR 63.670 and 63.671?
A: No. The EPA determines that the vapor combustor described in the
March 10, 2017 letter does not meet the definition of a flare at 40 CFR
63.641 of subpart CC. Therefore, the vapor combustor is not subject to
the requirements in 40 CFR 63.670 and 63.671. However, the combustor
needs to be tested, and operating parameters established and monitored,
to assure compliance with the subpart CC emission limits.
Abstract for [M170004]
Q: Does the EPA determine that the glycol dehydration unit reboiler
at El Paso Natural Gas' southern New Mexico facility, which is subject
to the National Emission Standards for Hazardous Air Pollutants for
Natural Gas Transmission and Storage Facilities (NESHAP subpart HHH),
is also subject to the NESHAP for Industrial, Commercial, and
Institutional Boilers and Process Heaters (NESHAP subpart DDDDD)?
A: Yes. The EPA determines that although the glycol dehydration
reboiler is subject to NESHAP subpart HHH, the reboiler is also subject
to NESHAP subpart DDDDD. The reboiler is considered a process heater
subject to NESHAP subpart DDDDD because the gaseous fuel fired to the
unit is not regulated under another subpart, and the exhaust gas from
the reboiler combustion chamber is uncontrolled (i.e. the emissions
vent directly to atmosphere). The EPA noted that process vent standards
under NESHAP subpart HHH only apply to the dehydrator reboiler still
vent and flash tank emissions. A flare is the control device for these
emissions under NESHAP subpart HHH. However, NESHAP subpart HHH does
not apply to the reboiler combustion chamber emissions because the
reboiler itself is not a control device being used to comply with
another NESHAP (in this case, subpart HHH).
Abstract for [M170005]
Q: Does EPA approve a request for an alternative relative accuracy
(RA) procedure for three hazardous waste liquid fuel boilers at
Vertellus Agriculture & Nutrition Specialties, LLC (Vertellus), in
Indianapolis, Indiana, subject to 40 CFR part 266 subpart H (the
Boilers and Industrial Furnaces Rule or BIF rule) and 40 CFR part 63
subpart EEE, the National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors (HWC MACT)?
A: Yes. EPA concludes that Vertellus may use the alternative RA
procedure in the context of either the BIF Rule or the HWC MACT. The
EPA previously approved the use of the alternative RA procedure in
Appendix IX of 40 CFR part 266 for the hazardous waste liquid fuel
boilers under the BIF rule at Vertellus. The EPA believes that the
alternative RA procedures in Appendix A of the HWC MACT are acceptable
procedures for a hazardous waste burning liquid fuel boiler.
Abstract for [M170006]
Q: Does EPA approve the use of the `R Boiler' as an alternative
control device to comply with the ``emission rate with add-on
controls'' compliance option under 40 CFR part 63 subpart PPPP (the
NESHAP for Surface Coating of Plastic Parts and Products) for two
plastic parts and products coating production lines at the SABIC
Innovative Plastics Mt. Vernon, LLC (SABIC) facility in Mt. Vernon,
Indiana?
A: Yes. Based on the information provided by SABIC, and the fact
that SABIC intends to conduct a performance test to determine the
organic HAP destruction efficiency of the `R Boiler', the EPA approves
SABIC's request for this boiler to serve as an add-on control device
under the NESHAP for Surface Coating of Plastic Parts and Products
since it is consistent with the subpart PPPP MACT requirements for
demonstrating continuous compliance thermal oxidizer as a control
device.
Abstract for [M170007]
Q1: Does the EPA determine that Caterpillar Inc.'s (Caterpillar's)
existing test cells/stands at its Lafayette facility are a
reconstructed affected source under 40 CFR part 63 subpart PPPPP?
A1: No. EPA determines that many of the test cells/stands
components that were added or replaced were not linked together by a
single planning decision, and therefore cannot be aggregated together
as a single project. The cost of Caterpillar's component replacements
or component additions to the affected source that could conceivably be
aggregated together are well below the 50% of the cost of constructing
a new comparable facility.
Q2: Has the EPA further defined the terms ``passive measurement and
control limitations'' as used in subpart PPPPP?
A2: The EPA has not provided further definition of these terms
since promulgating the subpart PPPPP rule in 2003. However, the cost of
passive measurement and control instrumentation and electronics is
excluded from affected source reconstruction calculations as explained
in 40 CFR 63.9290.
Abstract for [M170008]
Q1: Does the EPA approve the use of either of the calibration
options provided at 40 CFR 63.671(e)(2)(i) or (ii) under the National
Emission Standards for Hazardous Air Pollutants from Petroleum
Refineries at 40 CFR part 63, subpart CC (NESHAP subpart CC) for its
gas chromatograph (GC), if the current configuration of the GC does not
allow it to identify 1,3 butadiene? The Calumet Superior, LLC. refinery
plant in Superior, Wisconsin (Calumet) uses a gas chromatograph (GC) to
monitor the flare vent gas composition to assess compliance with the
operating limits in 40 CFR 63.670(e).
A1: No. 40 CFR 63.671(e)(2)(i) of NESHAP subpart CC is not an
option because the current flare vent gas GC configuration does not
allow it to identify 1,3 butadiene. Therefore, Calumet can only use the
calibration option provided at 40 CFR 63.671(e)(2)(ii) since it allows
the use of a surrogate calibration gas to cover all compounds in the
flare vent gas stream.
Q2: Does the EPA determine that the current configuration of the
flare vent GC that does not allow it to identify 1,3 butadiene meets
the requirements of the NESHAP subpart CC to assess compliance with the
operating limits in 40 CFR 63.670(e)? Calumet has collected and
analyzed flare vent gas samples for 1,3 butadiene. The results of this
sampling detected 1, 3 butadiene at concentrations levels below the
threshold expected to have an impact on the net heating value of the
flare vent gas in the combustion zone.
A2: Yes. Based on the information Calumet provided and pursuant to
40 CFR 63.670(j)(1) and 63.67l(e), the EPA determines that the current
configuration of the flare vent gas GC meets the requirements of the
NESHAP subpart CC.
Abstract for [M170009]
Q: The Michigan South Central Power Agency's Endicott Generating
Station (Endicott) has a source with an emergency scrubber bypass duct
subject to the Mercury Air Toxics Standards (MATS) at 40 CFR part 63
subpart UUUUU. Is this source eligible to pursue Low Emitting electric
utility steam generating unit (LEE) status for sulfur dioxide (S02)
emissions in accordance with 40 CFR 63.10000?
[[Page 22676]]
A: Yes. In accordance with the technical corrections to MATS
promulgated in April 2016, Endicott may pursue LEE status for its
source. Pursuant to 40 CFR 63.10000(c)(1)(i)(C)(1), if a source's
control device bypass emissions are measured in the bypass stack or
duct or the source's control device bypass exhaust is routed through
the electric utility steam generating unit main stack so that emissions
are measured during the bypass event, then the source may pursue LEE
status.
Abstract for [M170010]
Q: Does the EPA determine that the replacement pump engines at the
Lake Borgne Basin Levee District in St. Bernard Parish, Louisiana are
existing emergency stationary Reciprocating Internal Combustion Engines
(RICE) that are not subject to 40 CFR part 63 subpart ZZZZ?
A: No. Based upon the information provided and the description of
the engine use, the EPA determines that the engines at the Lake Borgne
Pump Station do not meet the definition of existing emergency
stationary RICE at 40 CFR 63.6675. Since construction or reconstruction
of the stationary engines began after June 12, 2006, and the engines
are located in an area source of emissions, the engines are subject to
40 CFR part 60 subpart IIII (Compression Ignition NSPS).
Abstract for [M170011]
Q: Does the EPA approve a waiver of the volumetric flow rate
determination required as part of the performance test for a flare
under 40 CFR part 63 subparts G and FFFF at the Lyondell Chemical
(Lyondell) Bayport Choate Plant (Plant) in Pasadena, Texas?
A: Yes. The EPA conditionally approves a waiver of the requirement
to determine the volumetric flow rate using EPA Method 2 during initial
performance testing of a flare at the Plant. The volumetric flow rate
can be calculated using existing flow measurement devices upstream of
the flare and estimated flows based on process knowledge from all minor
streams that may be routed to the flare on an interim basis. Lyondell
must install flow meters for the flare and must demonstrate compliance
with flare exit velocity requirements using the approved process-based
engineering calculation protocol for volumetric flow rate.
Abstract for [M170012]
Q: Does EPA approve site specific fuel analysis plans to be
conducted in accordance with approved EPA Method 30 at Union Carbide
Corporation's Hahnville, Louisiana facility, for the purpose of
determining mercury levels to classify boiler and heater fuel sources
as Other Gas 1 or 2 under 40 CFR part 63 subpart DDDDD?
A: Yes. Based on the information submitted, the EPA approves the
fuel analysis plans.
Abstract for [M170013]
Q: Does the EPA approve SABIC Innovative Plastics' (SABIC's)
request to replace EPA Method 30B mercury analysis breakthrough Quality
Assurance/Quality Control (QA/QC) requirements with Relative Accuracy
Test Audit (RATA) criteria and/or waive the breakthrough QA/QC for a
test conducted in April 2016, for the purposes of complying with 40 CFR
part 60 subpart DDDDD?
A: No. The EPA does not approve SABIC's request. There are
substantive reasons why the criteria are different for compliance
testing versus RATA testing. The EPA does find however, that while the
breakthrough criterion was not met in several instances during the
tests, it appears that the remaining data quality objectives were met
and there is no reason to reject the QA/QC data.
Abstract for [M170014]
Q: Does the EPA approve Calumet Superior, LLC's (Calumet's)
alternative monitoring request to maintain the hourly oxygen
concentration in the exhaust gas from the catalyst regenerator at or
above one percent by volume on a wet basis, as opposed to a dry basis
as required by 40 CFR 63 subpart UUU at the Superior, Wisconsin
refinery?
A: Yes. The EPA approves Calumets' alternative monitoring request
for use of wet basis analyzer readings to demonstrate compliance with
the one percent by volume oxygen concentration limit in 40 CFR
63.1565(a)(5)(ii) for periods of startup, shutdown, and hot standby.
Calumet provided information that indicates catalyst fines can plug an
analyzer that measures on a dry basis. In addition, the oxygen
concentration on a wet basis will always yield a lower reading versus a
dry basis oxygen reading.
Abstract for [M170017]
Q1: Are Processes 1, referred to as ``adhesive compounding'',
located at the 3M's Hutchinson, Minnesota (``Hutchinson'') and
Knoxville, Iowa (``Knoxville'') facilities subject to the 40 CFR part
63, subpart FFFF, the Miscellaneous Organic Chemical Manufacturing (MON
rule) or 40 CFR part 63, subpart HHHHH, the Miscellaneous Coating
Manufacturing (MCM rule) at MCM when the adhesive compound is shipped
off-site?
A1: The MON rule applies to Processes 1 when the adhesive compound
is shipped off-site. The MCM does not apply to Process 1 when the
adhesive compound is shipped off-site. Process 1 is a miscellaneous
organic chemical manufacturing process that produces an adhesive
product classified by NAICS 325, and process or uses organic HAP, and
is therefore a process that is contemplated by 63.2435(b).
Q2: Are Processes 2, referred to as ``mogul based adhesive
compounding'', located at the 3M's Hutchinson and Knoxville facilities
subject to the MON or the MCM when the mogul based adhesive compound is
shipped off-site?
A2: The MON applies to Processes 2 when the mogul based adhesive
compound is shipped off-site. The MCM does not apply to Processes 2
when the mogul based adhesive compound is shipped off-site. 3M
described the first step which involves a chemical reaction of non-HAP
containing raw materials. The first step is completed by quenching the
reaction, without storage after the first step. The second step, HAP
containing raw materials were added to the same vessel with the
material from the first step. Because there is no storage after step 1,
we believe that both steps of Process 2 are part of one miscellaneous
organic chemical manufacturing process to produce a product described
by NAICS 325.
Q3: Are Processes 1 and 2 located at the 3M's Hutchinson and
Knoxville facilities exempt from the MON as ``affiliated operations''
when making the adhesive compound and mogul based adhesive compound,
respectively, at the same facility that is subject to Subpart JJJJ
(POWC)?
A3: Yes. Processes 1 and 2 meet the exemption for affiliated
operations under the MON when making the adhesive and mogul based
adhesive, respectively, at the same facility where they are used in a
POWC affected facility. The definitions of affiliated operations in
both the MON and the preamble to the POWC contain the broad language to
define the exemption. Therefore, we interpret these broad terms to
include the actual production of the product that meets the definition
of ``coating'' under the rule.
Abstract for [WDS-146]
Q: Blaze King Industries Incorporated is seeking EPA clarification
on the steps for adequately demonstrating replacement catalyst
equivalency for catalyst-equipped wood heaters subject to the 2015
Standards of Performance
[[Page 22677]]
for New Residential Wood Heaters, New Residential Hydronic Heaters, and
Forced-Air Furnaces, (40 CFR part 60 subpart AAA) (2015 NSPS
Standards).
A: The 2015 NSPS standards requires that, to have a catalyst deemed
suitable for replacement, equivalency testing be conducted by an EPA-
approved test laboratory. Consistent with the 2015 Standards, the
manufacturer must notify the EPA of the date that certification testing
(catalyst equivalency testing) is scheduled to begin as stated in 40
CFR 60.534(g). This notice must be received by the EPA at least 30 days
before the start of testing.
Abstract for [WDS-147]
This letter is in response to the three November 20, 2015 letters
(which the EPA is consolidating into one response) from OMNI-Test
Laboratories, Inc. (OMNI) requesting clarification of several issues
under 2015 Standards of Performance for New Residential Wood Heaters
(subpart AAA) and New Residential Hydronic Heaters and Forced-Air
Furnaces (subpart QQQQ) (collectively referred to as the ``2015 NSPS
Standards'')
Q1: Do the 2015 NSPS Standards allow unsealing of a wood heater,
for which a full certification test series has not been completed, for
further testing?
A1: The 2015 NSPS Standards do not specifically allow for unsealing
of a wood heater for which a test laboratory has suspended a compliance
test. However, EPA interprets some sections of the 2015 NSPS Standards
to allow the unsealing of a wood heater for the purpose of further
testing in specific circumstances.
Q2: Can the manufacturer provide new parts or make simple
modifications to the sealed wood heater in lieu of making and shipping
a new prototype?
A2: Yes. However, the wood heater must remain sealed until the
operation and test data obtained from the suspended test is submitted
and reviewed by the EPA.
Q3: Does a wood heater that has undergone an incomplete test
certification have to be sealed and archived in perpetuity?
A3: No. However, when the wood heater is sealed per 40 CFR
60.535(a)(2)(vii) and 60.5477(a)(2)(vii), the wood heater must remain
sealed until the operation and test data obtained from the suspended
test is submitted and reviewed by the EPA.
Q4: What are the certification requirements under 40 CFR 60.533(e)?
A4: As provided in 40 CFR 60.533(e), the EPA may issue a
conditional, temporary certificate of compliance to a manufacturer if
they submit a full test report and a complete application.
Q5: Are the certifications of conformity that an EPA-accredited
test laboratory submits to the EPA ``de facto temporary certificates of
compliance'' because they are not required for the EPA to issue a
temporary certificate of compliance to a manufacturer?
A5: No. As provided in 40 CFR 60.533(e), a conditional, temporary
certificate of compliance may only be granted by the EPA provided that
the manufacturer submits a complete certification application that
meets all the requirements in 40 CFR 60.533(b).
Q6: Does submission of a certificate of conformity with a complete
certification package (i.e., application and full test report), prior
to May 16, 2016, make a manufacturer requesting certification
ineligible to receive a temporary certificate of compliance?
A6: No. The manufacturer may receive a conditional, temporary
certificate of compliance under 40 CFR 60.533(e) until the EPA's review
of the application is complete.
Q7: What are the requirements for quality assurance audits for
model lines that are deemed certified under 40 CFR 60.533(h)(1)?
A7: As provided in 40 CFR 60.533(m), ``the manufacturer of a model
line with a compliance certification under paragraph (h)(1) of this
section must conduct a quality assurance program that satisfies the
requirements of this paragraph (m) by May 16, 2016.''
Q8: Are manufacturers required to contract the services of a third-
party certifier to conduct quality assurance audits?
A8: Yes. Manufacturers are required by 40 CFR 60.533(m) to contract
the services of a third-party certifier to conduct quality assurance
audits.
Q9: What are the requirements for deemed certified wood heaters
under 40 CFR 60.533(m)?
A9: As provided in 40 CFR 60.533(m), by May 16, 2016, manufacturers
must have in place a quality assurance program that satisfies the
requirements under 40 CFR 60.533(m)(1) through (5).
Q10: Does a certificate of compliance issued prior to May 15, 2015,
at an emission level less than or equal to the 2015 emission standard
need to be renewed before May 15, 2020?
A10: No. Manufacturers of model lines that are deemed certified per
40 CFR 60.533(h)(1) and for which a certificate of compliance has been
issued prior to May 15, 2015, showing an emission level less than or
equal to the 2015 emission standards, do not need to renew their
certificates until May 15, 2020.
Abstract for [WDS-148]
Q: Does EPA determine that the wood heater regulations at 40 CFR
part 60 subparts AAA apply to the wood-burning sauna heaters
manufactured by Harvia Oy?
A: No. Based upon the information provided and the specific
circumstances described in Harvia Oy's letters to the EPA, the EPA
determines that the wood heater subpart AAA standards do not apply to
Harvia Oy's wood-burning sauna heaters since these do not meet the
definition of wood heaters. The sauna heaters are intended to heat the
sauna room only and not to be used for residential heating.
Abstract for [Z170001]
Q: Does the EPA determine that the Exide Technologies secondary
lead smelting facility in Vernon, CA, which has been permanently shut
down and is being dismantled, is subject to 40 CFR part 63 subpart X?
A: No. The EPA determines that the facility is no longer a
``secondary lead smelter'' for purposes of subpart X because it can no
longer physically or legally operate as a secondary lead smelter. In
addition, the California Department of Toxic Substances Control (DTSC)
approved Exide's Final Closure Plan on December 8, 2016.
Abstract for [Z170002]
Q: Does the EPA approve Futamura USA, Incorporated's (Futamura's)
request to use an alternative test method using a mass spectrometer
(MS) continuous emissions monitoring system (CEMS) to measure specific
sulfur compound emissions from process vents on the cellulose
manufacturing process and alternative monitoring method that would
eliminate the need to collect and report carbon disulfide (CS2)
Recovery Plan operating data based on the availability of the emissions
data from the proposed MS CEMS to demonstrate compliance with the
National Emission Standards for Hazardous Air Pollutants for Cellulose
Products Manufacturing (NESHAP subpart UUUU), at its Tecumseh, Kansas
facility?
A: Yes. Based on the information provided, the EPA conditionally
grants temporary approval for the alternative test method and
monitoring method to allow Futamura to demonstrate the ability to
document compliance with NESHAP UUUU by using a MS CEMS. This temporary
approval expires one year from June 16, 2017. At least 60 days prior to
this expiration date, Futamura is required to make a request to EPA for
continue and permanent use
[[Page 22678]]
of the CS. In addition, the CS CEMS needs to successfully pass the
required relative accuracy test audit (RATA) and meet additional
conditions outline in the determination letter for EPA approval.
Abstract for [Z170003]
Q: Does the EPA approve BP Product North America's (BP) alternative
monitoring request to maintain the hourly oxygen concentration in the
exhaust gas from the catalyst regenerator at or above one percent by
volume on a wet basis, as opposed to a dry basis as required by 40 CFR
63 subpart UUU at the Whiting, Indiana refinery?
A: Yes. The EPA approves the request to maintain the hourly oxygen
concentration in the exhaust gas from the catalyst regenerator at or
above one percent by volume on a wet basis during periods of startup,
shutdown, and hot standby. BP provided information that indicates
catalyst fines can plug an analyzer that measures on a dry basis. In
addition, the oxygen concentration on a wet basis will always yield a
lower reading versus a dry basis oxygen reading.
Dated: May 7, 2018.
David A. Hindin,
Director, Office of Compliance, Office of Enforcement and Compliance
Assurance.
[FR Doc. 2018-10463 Filed 5-15-18; 8:45 am]
BILLING CODE 6560-50-P