Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,896
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The February 26, 2001 amendment extended certain compli-
ance dates contained in the subpart concerning the equipment
leaks provisions as applied to PET affected sources and
corrected a reference error. The July 16, 2001 amendment
corrected minor cross-referencing and typographical errors, and
made minor clarifications.
The EPA was petitioned to reconsider the equipment leak detec-
tion and repair standards contained in this subpart as they per-
tained to PET facilities. The August 6, 2001 amendment denied
the petition and retained the equipment leak provisions of the
promulgated rules, except for a modification of the definition of a
leak for certain ethylene glycol pumps. In addition, the amend-
ment extended the equipment leak provisions compliance date
for PET affected sources to August 6, 2002, in order to provide
PET facilities time to develop a leak detection and repair pro-
gram.
Section 113.690 - Portland Cement Manufacturing Industry (40
CFR 63, Subpart LLL)
The commission proposes to amend 113.690 by incorporating
by reference, without change, all amendments to Subpart LLL
made by the EPA since June 14, 1999. During this time frame,
EPA amended Subpart LLL on April 5, 2002 (67 FR 16614); July
2, 2002 (67 FR 44371); July 5, 2002 (67 FR 44766); and De-
cember 6, 2002 (67 FR 72580).
The April 5, 2002 direct final rule amendments improved the im-
plementation of the emission standards, primarily in the areas of
applicability, testing, and monitoring, to resolve issues and ques-
tions raised since promulgation of the rule. However, due to ad-
verse comments received during the public comment period con-
cerning the April 5, 2002 amendments, EPA withdrew portions
of the amendments to three sections on July 2, 2002.
The July 5, 2002 amendments corrected errors to Table 1 con-
cerning monitoring requirements. The amendments also ad-
dressed two issues which arose from the explanatory language
in the preamble to the April 5, 2002 direct final rule amendments.
First, the amendments specified that the production rate is not a
parameter for which operating limits are established and that the
production rate measured during dioxin/furan or particulate mat-
ter performance testing is not an operation limit for the source.
Furthermore, the amendments specified that a source would
need to reconduct a performance test if the current operation
is not representative of the operation during the previous per-
formance test, such that the change in operation may adversely
affect compliance. Finally, the amendments specified that only
the transfer points used to convey coal from mill to the kiln are
potential affected sources under Subpart LLL.
The December 6, 2002 amendments improved the implementa-
tion of the emission standards, primarily in the areas of appli-
cability, testing, and monitoring, to resolve issues and questions
raised since promulgation of the rule. Specifically, the amend-
ments addressed the issues raised as a result from adverse com-
ment to the April 5, 2002 amendments that were withdrawn on
July 2, 2002.
Section 113.700 - Pesticide Active Ingredient Production (40
CFR 63, Subpart MMM)
The commission proposes to amend 113.700 by incorporating
by reference, without change, all amendments to Subpart MMM
made by the EPA since June 23, 1999. During this time frame,
EPA amended Subpart MMM twice on November 21, 2001 (66
FR 58393 and 58396); twice on March 22, 2002 (67 FR 13508and 13514); June 3, 2002 (67 FR 38200); and September 20,
2002 (67 FR 59336). The November 21, 2001 amendments
changed the requirements for pre-compliance plans to three
months in advance of the compliance date instead of six months.
Due to issues raised by petitioners in the U.S. Court of Appeals
for the District of Columbia Circuit, the amendments also revised
the definition of the term "process tank," American Coke and
Coal Chemicals Institute v. EPA, No. 99-1339 (D. C. Cir.).
The second of two March 22, 2002 amendments, in a Good
Cause Final Rule, provided an interim compliance date exten-
sion for existing sources from June 23, 2002 to August 22, 2002
pending resolution of a settlement agreement. The interim com-
pliance date extension was necessary because EPA simultane-
ously published a March 22, 2002 direct final amendment to
extend the compliance deadline until December 23, 2003, but
the comment period extended past the existing March 23, 2002
pre-compliance plan deadline. The June 3, 2002 amendments
officially extended the compliance date until December 23, 2003.
The September 20, 2002 amendments addressed the issues
raised by petitioners (American Crop Protection Association
and American Cyanamid Company (now BASF Corporation)
U.S. Court of Appeals for the District of Columbia Circuit, ACPA
v. EPA, No. 9901334 (Consolidated with ACPA v. EPA, No
99-1332)), to ensure that the rule was implemented as intended,
to correct errors, and to maintain consistency with other rules.
Section 113.720 - Manufacture of Amino/Phenolic Resins (40
CFR 63, Subpart 000)
The commission proposes to amend 113.720 by incorporating
by reference, without change, all amendments to Subpart OOO
made by the EPA since January 20, 2000. During this time frame,
Subpart OOO was amended on February 22, 2000 (65 FR 8768)
to correct typographical errors and an equation.
Section 113.730 - Polyether Polyols Production (40 CFR 63,
Subpart PPP)
The commission proposes to amend 113.730 by incorporating
by reference, without change, all amendments to Subpart PPP
made by the EPA since June 1, 1999. During this time frame,
Subpart PPP was amended on June 14, 1999 (64 FR 31895) and
May 8, 2000 (65 FR 26491). The June 14, 1999 amendment was
a correction to an equation. The May 8, 2000 amendment re-
vised the definition of the term "equipment leak" by adding "con-
nectors" to the list of equipment that is subject to the equipment
leak provisions; corrected errors in several equations; corrected
numerous cross- referencing errors; incorporated definitions by
reference; removed references to 40 CFR 63, Subpart I; and
made revisions concerning the applicability, performance test-
ing, reports, and initial notifications.
Section 113.740 - Primary Copper Smelting (40 CFR 63, Sub-
part QQQ)
The commission proposes new 113.740, which will incorporate
by reference, without change, the final rules to Subpart QQQ
adopted by the EPA on June 12, 2002 (67 FR 40478). This new
MACT standard establishes emissions limitations and work prac-
tice standards for primary copper smelters that are, or are part of,
a major source of HAP emissions and that use batch copper con-
verters. The primary toxic metal HAPs that will be controlled in-
clude antimony, arsenic, beryllium, cadmium, cobalt, lead, man-
ganese, nickel, and selenium.
Section 113. 750. Secondary Aluminum Production (40 CFR 63,
Subpart RRR).28 TexReg 2896 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/75/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.