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TuesdaySeptember 15, 1998

Part II

EnvironmentalProtection Agency40 CFR Parts 264 and 265Project XL Site-specific Rulemaking forOSi Specialties, Inc., Sistersville, WV;Final Rule

49384 Federal Register / Vol. 63, No. 178 / Tuesday, September 15, 1998 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Parts 264 and 265

[FRL–6157–6 ]

Project XL Site-specific Rulemaking forOSi Specialties, Inc., Sistersville, WV

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: The EPA is implementing aproject under the Project XL program forthe OSi Specialties, Inc. plant, a whollyowned subsidiary of Witco Corporation,located near Sistersville, West Virginia(the ‘‘Sistersville Plant’’). The terms ofthe XL project are defined in a FinalProject Agreement (‘‘FPA’’) which hasbeen available for public review andcomment. See 62 FR 34748, June 27,1997. Following a review of the publiccomments, the FPA was signed bydelegates from the EPA, the WestVirginia Division of EnvironmentalProtection (‘‘WVDEP’’) and WitcoCorporation on October 17, 1997. EPA istoday publishing a final rule, applicableonly to the Sistersville Plant, tofacilitate implementation of the XLproject. Today’s final rule is anoutgrowth of the proposed rulepublished on March 6, 1998, and asupplemental proposal published onJuly 10, 1998. See 63 FR 11200 and 63FR 37309, respectively.

Today’s action is a site-specificregulatory deferral from the ResourceConservation and Recovery Act(‘‘RCRA’’) organic air emissionstandards, commonly known as RCRASubpart CC. The applicability of thissite-specific deferral is limited to twoexisting hazardous waste surfaceimpoundments, and is conditioned onthe Sistersville Plant’s compliance withair emission and waste managementrequirements that have been developedunder this XL project. The air emissionand waste management requirementsare set forth in today’s final rule.Today’s action is intended to providesite-specific regulatory changes toimplement this XL project. The EPAexpects this XL project to result insuperior environmental performance atthe Sistersville Plant, while deferringsignificant capital expenditures, andthus providing cost savings for theSistersville Plant.DATES: This final rule is effective onSeptember 15, 1998.ADDRESSES: Docket: Three docketscontain supporting information used indeveloping this final rule, and areavailable for public inspection and

copying at the EPA’s docket officelocated at Crystal Gateway, 1235Jefferson Davis Highway, First Floor,Arlington, Virginia. The public isencouraged to phone in advance toreview docket materials. Appointmentscan be scheduled by phoning the DocketOffice at (703) 603–9230. Refer to RCRAdocket numbers F–98–MCCP–FFFFF, F–98–MCCF–FFFFF, and F–98–MCCA–FFFFF.

A duplicate copy of each docket isavailable for inspection and copying atU.S. EPA, Region 3, 1650 Arch Street,Philadelphia, PA, 19103–2029, duringnormal business hours. Persons wishingto view a duplicate docket at thePhiladelphia location are encouraged tocontact Mr. Tad Radzinski in advance,by telephoning (215) 814–2394.FOR FURTHER INFORMATION CONTACT: Mr.Tad Radzinski, U.S. EnvironmentalProtection Agency, Region 3 (3WC11),Waste and Chemicals ManagementDivision, 1650 Arch Street,Philadelphia, PA, 19103–2029, (215)814–2394.SUPPLEMENTARY INFORMATION:

Outline

The information presented in thispreamble is organized as follows:I. AuthorityII. Background

A. Overview of Project XLB. Overview of the OSi Sistersville Plant

XL Project1. Introduction2. OSi Sistersville Plant XL Project

Description and Environmental Benefits3. Economic Benefits4. Stakeholder Involvement and Changes

Since Proposal5. Regulatory Implementation Approach6. Project Duration and Completion

III. Regulatory Requirements andPerformance Standards

A. Capper Unit Control RequirementsB. Methanol Recovery OperationC. Waste Minimization/Pollution

Prevention StudyIV. Summary of Response to Public

CommentsV. Additional Information

A. Immediate Effective DateB. Executive Order 12866C. Regulatory FlexibilityD. Congressional Review ActE. Paperwork Reduction ActF. Unfunded Mandates Reform ActG. Applicability of Executive Order 13045H. Executive Order 12875: Enhancing

Intergovernmental PartnershipsI. Executive Order 13084: Consultation and

Coordination with Indian TribalGovernments

I. Authority

This regulation is being publishedunder the authority of sections 1006,2002, 3001–3007, 3010, and 7004 of the

Solid Waste Disposal Act of 1970, asamended by the Resource Conservationand Recovery Act, as amended (42U.S.C. 6905, 6912, 6921–6927, 6930,and 6974).

II. Background

A. Overview of Project XL

This site-specific regulation willimplement a project developed underProject XL, an EPA initiative to allowregulated entities to achieve betterenvironmental results at less cost.Project XL—‘‘eXcellence andLeadership’’— was announced onMarch 16, 1995, as a central part of theNational Performance Review and theEPA’s effort to reinvent environmentalprotection. See 60 FR 27282 (May 23,1995). Project XL provides a limitednumber of private and public regulatedentities an opportunity to develop theirown pilot projects to provide regulatoryflexibility that will result inenvironmental protection that isSuperior to what would be achievedthrough compliance with current andreasonably anticipated futureregulations. These efforts are crucial tothe Agency’s ability to test newregulatory strategies that reduceregulatory burden and promoteeconomic growth while achieving betterenvironmental and public healthprotection. The Agency intends toevaluate the results of this and otherProject XL projects to determine whichspecific elements of the project(s), ifany, should be more broadly applied toother regulated entities for the benefit ofboth the economy and the environment.

Under Project XL, participants in fourcategories—facilities, industry sectors,governmental agencies andcommunities—are offered the flexibilityto develop common sense, cost-effectivestrategies that will replace or modifyspecific regulatory requirements, on thecondition that they produce anddemonstrate superior environmentalperformance. To participate in ProjectXL, applicants must develop alternativepollution reduction strategies pursuantto eight criteria: superior environmentalperformance; cost savings andpaperwork reduction; local stakeholderinvolvement and support; test of aninnovative strategy; transferability;feasibility; identification of monitoring,reporting and evaluation methods; andavoidance of shifting risk burden. Theymust have full support of affectedFederal, state and tribal agencies to beselected.

For more information about the XLcriteria, readers should refer to the twodescriptive documents published in theFederal Register (60 FR 27282, May 23,

49385Federal Register / Vol. 63, No. 178 / Tuesday, September 15, 1998 / Rules and Regulations

1995 and 62 FR 19872, April 23, 1997),and the December 1, 1995 ‘‘Principlesfor Development of Project XL FinalProject Agreements’’ document. Forfurther discussion as to how theSistersville Plant XL project addressesthe XL criteria, readers should refer tothe notice of availability for this XLproject (62 FR 34748, June 27, 1997) andthe related documents that were noticedby that Federal Register action. Each ofthese documents is available from thesupporting dockets for this action (seeADDRESSES section of today’s preamble).

The XL program is intended to allowthe EPA to experiment with untried,potentially promising regulatoryapproaches, both to assess whether theyprovide benefits at the specific facilityaffected, and whether they should beconsidered for wider application. Suchpilot projects allow the EPA to proceedmore quickly than would be possiblewhen undertaking changes on anationwide basis. As part of thisexperimentation, the EPA may try outapproaches or legal interpretations thatdepart from, or are even inconsistentwith, longstanding Agency practice, solong as those interpretations are withinthe broad range of discretion enjoyed bythe Agency in interpreting statutes thatit implements. The EPA may alsomodify rules, on a site-specific basis,that represent one of several possiblepolicy approaches within a moregeneral statutory directive, so long asthe alternative being used is permissibleunder the statute.

Adoption of such alternativeapproaches or interpretations in thecontext of a given XL project does not,however, signal the EPA’s willingness toadopt that interpretation as a generalmatter, or even in the context of otherXL projects. It would be inconsistentwith the forward-looking nature of thesepilot projects to adopt such innovativeapproaches prematurely on awidespread basis without firstdetermining whether or not they areviable in practice and successful in theparticular projects that embody them.Furthermore, as EPA indicated inannouncing the XL program, the Agencyexpects to adopt only a limited numberof carefully selected projects. Thesepilot projects are not intended to be ameans for piecemeal revision of entireprograms. Depending on the results inthese projects, EPA may or may not bewilling to consider adopting thealternative interpretation again, eithergenerally or for other specific facilities.

The EPA believes that adoptingalternative policy approaches andinterpretations, on a limited, site-specific basis and in connection with acarefully selected pilot project, is

consistent with the expectations ofCongress about EPA’s role inimplementing the environmentalstatutes (so long as the Agency actswithin the discretion allowed by thestatute). Congress’ recognition that thereis a need for experimentation andresearch, as well as ongoing re-evaluation of environmental programs,is reflected in a variety of statutoryprovisions, such as section 8001 ofRCRA.

B. Overview of the OSi Sistersville PlantXL Project

1. IntroductionThe EPA is today publishing a

temporary deferral of RCRA Subpart CCapplicable to the Sistersville Plant, toimplement key provisions of this ProjectXL initiative. Today’s site-specifictemporary deferral supports a Project XLFPA that has been developed by theSistersville Plant XL project stakeholdergroup. This group consisted ofrepresentatives from the SistersvillePlant, EPA, WVDEP, and thecommunity around the SistersvillePlant. Environmental organizationswere encouraged to participate in thestakeholder process; in response, arepresentative from the NaturalResources Defense Council (NRDC)participated in, and provided valuableinput to, the development of this XLProject and the FPA.

The FPA is available for review inRCRA Docket Number F–98–MCCP–FFFFF, and also is available on theworld wide web at http://www.epa.gov/ProjectXL. A Federal Register documentwas published June 27, 1997 at 62 FR34748 to notify the public of the detailsof this XL project and to solicitcomments on the specific provisions ofthe FPA, which embodies the Agency’sintent to implement this project. TheFPA addresses the eight Project XLcriteria, and the expectation of theAgency that this XL project will meetthose criteria. Those criteria are: (1)Environmental performance superior towhat would be achieved throughcompliance with current and reasonablyanticipated future regulations; (2) costsavings or economic opportunity, and/or decreased paperwork burden; (3)stakeholder support; (4) test ofinnovative strategies for achievingenvironmental results; (5) approachesthat could be evaluated for futurebroader application; (6) technical andadministrative feasibility; (7)mechanisms for monitoring, reporting,and evaluation; and (8) consistency withExecutive Order 12898 onEnvironmental Justice (avoidance ofshifting of risk burden). The FPA

specifically addresses the manner inwhich the project is expected toproduce, measure, monitor, report, anddemonstrate superior environmentalbenefits.

2. OSi Sistersville Plant XL ProjectDescription and Environmental Benefits

The Sistersville Plant is a specialtychemical manufacturer of siliconeproducts and is located near Sistersville,West Virginia along the east side of theOhio River. The Sistersville plantproduces a family of man-made organo-silicone chemicals which are used inindustry and homes throughout theworld. The organo-silicones haveapplications in electronic equipment;aircraft, missile, and space technology;appliance, automotive and metalworking production; textile, paper,plastics, and glass fabrication; rubberproducts; paint, polish, and cosmetics;food processing and preparation;building and highway construction andmaintenance; and chemical reactionsand processes.

For this XL Project, the SistersvillePlant will install an incinerator androute the process vents from itspolyether methyl capper (‘‘capper’’) unitto that incinerator for control of organicair emissions. In April 1998, theSistersville Plant began implementingthese organic air emission controls.There are no currently-applicablenationwide regulations that require theSistersville Plant to install thisincinerator or to control the organicemissions from the capper unit. TheEPA anticipates that these controls willbe required for the Sistersville Plantunder the National Emission Standardfor Hazardous Air Pollutants for thesource category Miscellaneous OrganicChemical Production and Processes(‘‘MON’’), scheduled to be publishedunder the authority of Section 112 of theClean Air Act (‘‘CAA’’). The MON iscurrently scheduled to be published asa final rulemaking in November of 2000,with air emission controls expected tobe required approximately three yearslater. Under this XL project, and as arequirement of today’s final site-specifictemporary deferral, the Sistersville Plantwill operate organic air emissioncontrols on the capper unitapproximately five years earlier thanEPA expects the controls to be requiredby the MON. Based on currentproduction levels, the Sistersville Plantestimates these incinerator vent controlswill reduce the facility’s organic airemissions by about 309,000 pounds peryear.

The Sistersville Plant will alsorecover and reuse an estimated 500,000pounds per year of methanol that would


otherwise be disposed of through theon-site wastewater treatment system,and will reduce approximately 50,000pounds per year of organic air emissionsfrom the wastewater treatment system.These modifications will reduce sludgegeneration from the wastewater system,that would otherwise be disposed of inan onsite landfill, by an estimated815,000 pounds per year. In addition,the Sistersville Plant has committed toconduct a waste minimization/pollutionprevention (‘‘WMPP’’) study which isexpected to result in additionalreductions in waste generation at thefacility. These initiatives are describedfurther in section III of today’spreamble. Absent today’s action, thereare no existing or anticipated applicableregulations that would require theSistersville Plant to perform theenvironmentally beneficial measures ofthe methanol recovery and WMPPinitiatives.

As an incentive for the SistersvillePlant to install the incinerator ventcontrols, recover and re-use themethanol, and to conduct the WMPPstudy, the EPA considers it appropriateto temporarily defer other regulatoryrequirements applicable to theSistersville Plant. Specifically, EPA istoday publishing a temporary,conditional deferral from the RCRASubpart CC organic air emission controlrequirements applicable to the facility’stwo hazardous waste surfaceimpoundments. The deferral is from theRCRA Subpart CC surface impoundmentstandards codified at 40 CFR 264.1085and 40 CFR 265.1086, as well asassociated requirements that arereferenced in or by 40 CFR 264.1085and 265.1086 that would otherwiseapply to the two hazardous wastesurface impoundments. The provisionsof 40 CFR 264.1085 and 265.1086 wouldhave required the Sistersville Plant toinstall organic vapor suppressing coverson the two existing hazardous wastesurface impoundments. The deferredprovisions referenced in or by 40 CFR264.1085 and 265.1086 are thecompliance assurance requirements thatdirectly relate to the air emissioncontrol requirements for surfaceimpoundments codified at 40 CFR264.1085 and 265.1086. Since EPA istoday temporarily deferring therequirements for the Sistersville Plant tocomply with the RCRA Subpart CC airemission control requirementsapplicable to its two hazardous wastesurface impoundments, EPA is alsotemporarily deferring thoserequirements directly related to airemission controls on surfaceimpoundments; specifically, the

inspection and monitoring requirementscodified at 40 CFR 264.1088 and265.1089, the recordkeepingrequirements codified at 40 CFR264.1089 and 265.1090, and thereporting requirements codified at 40CFR 264.1090, as each relate to the twohazardous waste surface impoundmentsat the Sistersville Plant.

The Sistersville Plant estimates that, ifimplemented, installation and operationof the required RCRA Subpart CC airemission controls on the two surfaceimpoundments would result in a totalorganic emission reduction of 45,000pounds per year. In lieu of installingsurface impoundment covers to complywith RCRA Subpart CC (either inabsence of this XL project, or when thisproject concludes), the Sistersville Plantplans to close the two hazardous wasteimpoundments, and install twowastewater treatment tanks to serve intheir place. The replacement wastewatertreatment tanks would most likely beexempt from RCRA requirements, under40 CFR 264.1(g)(6) and 40 CFR265.1(c)(10); thus, the RCRA Subpart CCstandards would not be applicable tothose tanks. There are no currentlyapplicable regulations that wouldrequire air emission controls on suchtanks; however, the Agency anticipatesthat the MON will be applicable to suchtanks, and may require that they beequipped with organic air emissioncontrols. Therefore, it is reasonable toassume that in absence of this XLProject, the organic air emissionsattributed to the Sistersville Plant’s twohazardous waste surface impoundmentswould be transferred to two RCRA-exempt wastewater treatment tanks, andwould not be controlled forapproximately five years.

3. Economic BenefitsThe Sistersville Plant estimates that

the costs it will incur as a result of theRCRA Subpart CC standards beingapplicable to its two hazardous wastesurface impoundments would be$2,500,000. Of that total, $2,000,000would be for construction of wastewatertreatment tanks to replace the surfaceimpoundments, and $500,000 would befor performance of RCRA closurerequirements for the two existinghazardous waste surfaceimpoundments. In contrast to thesecompliance options, the SistersvillePlant estimates that the cost to installthe incinerator and the process ventcontrols on the capper unit, toimplement the methanol recoveryoperation, and to conduct the WMPPinitiatives will be $700,000.

The Sistersville Plant considers iteconomically beneficial to spend the

resources to install a thermal incineratorand process vent controls five yearsbefore those controls are likely to berequired by federal regulation, and toimplement a methanol recoveryoperation and implement a WMPPstudy, in exchange for deferring for fiveyears the cost of $2,500,000 that theyestimate will be required to implementtheir planned approach to the RCRASubpart CC surface impoundmentrequirements.

4. Stakeholder Involvement andChanges Since Proposal

Stakeholder involvement during theProject development stage wascultivated in several ways. The methodsincluded communicating through themedia (newspaper and radioannouncements), directly contactinginterested parties, and offering aneducational program on the regulatoryprograms impacted by the XL project.Stakeholders have been kept informedon the project status via mailing lists,newspaper articles, public meetings andthe establishment of a public file at theSistersville Public Library and the EPARegion 3 office.

A local environmental group, theOhio Valley Environmental Coalition,was contacted but stated that they didnot have time to participate actively inthe development of the XL project.However, a representative from NRDC, anational environmental interest group,has participated in conference callmeetings with the Project XL team andprovided comments during thedevelopment of the FPA. Thisrepresentative continues to be notifiedof all XL project meetings and activities.There are few homes located near thefacility, and, therefore, few localstakeholders other than employees ofthe facility have expressed interest inactively participating in thedevelopment of the project. However,the Sistersville Plant has providedstakeholders with regular projectdevelopment updates by circulatingmeeting and conference call minutes. InJune of 1997, an announcement of theavailability of the draft FPA waspublished in local newspapers and theFederal Register (62 FR 34748, June 27,1997), and the draft FPA was widelydistributed for public comment. Inaddition, during the public commentperiod for the draft FPA, the SistersvillePlant hosted a general public meeting topresent the draft FPA. In response to arequest from the Environmental DefenseFund, EPA extended the publiccomment period on the proposed FPAby 30 days. EPA received four verypositive comments during the publiccomment period for the draft FPA. After


that proposed rule public commentperiod had closed, a comment letter wasreceived from a citizen who wasconcerned about the installation of whathe believed was a toxic wasteincinerator. EPA responded to thiscitizen’s concern by providing furtherexplanation of the project and theenvironmental benefits that will resultfrom the installation and operation ofthe vent incinerator as well as otheraspects of the project. This citizen alsocommented on the March 6, 1998proposed rule (see section IV. below).Copies of all the comment letters, aswell as EPA’s response to the concernedcitizen’s letter, are located in therulemaking Dockets (see the ADDRESSESsection of today’s preamble).

Today’s final rule for a site-specifictemporary deferral was proposed in theFederal Register on March 6, 1998 at 63FR 11200. During the 30-day publiccomment period following thatdocument’s publication, EPA receivedtwo comments on the proposal. The firstcomment was a positive one, submittedby the Tyler County Commission. Theother comment was submitted by thesame citizen who submitted a negativecomment letter on the draft FPA. Thissecond comment letter is discussedmore fully in Section IV of today’spreamble. The commenter requested apublic hearing. Thereafter, EPA metwith the commenter and addressed hisconcerns. The commenter thensubmitted a letter withdrawing hisrequest for a public hearing. However,EPA held a public hearing on April 28,1998, to give all concerned citizens anopportunity to be heard. No one fromthe public attended this hearing.

On May 26, 1998, the SistersvillePlant notified EPA that they would notbe able to meet a provision of theproposed site-specific temporarydeferral that required the SistersvillePlant to conduct an initial performancetest on the thermal oxidizer within 60days of initial start-up. This provision iscontained at paragraph (f)(2)(ii)(B) in§§ 264.1080 and 265.1080 of the March6, 1998 proposed rule and of today’sfinal rule. Owing to mechanicaldifficulties and severe weatherconditions, the Sistersville Plantrequested a 60-day extension of thatinitial performance test deadline, inorder to allow them time to preparetheir equipment and complete theperformance test. At that time, theSistersville Plant was legally subject tothe provisions of that proposed deferralthrough a consent order issued by theWVDEP, and through that legalmechanism, those proposed provisionsare enforceable by the state against theSistersville Plant. The EPA considered

the relevant information submitted bythe Sistersville Plant, and published asupplemental proposal in the FederalRegister to notify the public of EPA’sproposal to modify the performance testdeadline. For more informationregarding this supplemental proposal,see 63 FR 37309 (July 10, 1998). TheSistersville Plant sent notification ofthat proposal to the project stakeholdergroup, and published a notification inthe local Sistersville newspaper of theopportunity for public comment relatedto that supplemental proposal. Thesupplemental proposal allowed a 14-daypublic comment period; however, nocomments were received. Therefore,based on the information contained inthat July 10, 1998 supplemental notice,and the supporting Docket Number F–98–MCCA–FFFFF, the EPA is todaypublishing the site-specific temporarydeferral as a final rule, with theextended deadline for the thermaloxidizer initial performance test. Asidefrom revising that performance testdeadline, the requirements of today’sfinal rule are the same as the proposalpublished March 6, 1998 at 63 FR11200.

As this XL project continues to beimplemented, the stakeholderinvolvement program will shift its focusto ensure that: (1) Stakeholders areapprised of the status of projectconstruction and operation, and (2)stakeholders have access to informationsufficient to judge the success of thisProject XL initiative. Anticipatedstakeholder involvement during theterm of the project will likely includeother general public meetings to presentperiodic status reports, availability ofdata and other information generated,and appointment of a Sistersville PlantProject XL contact at the facility to serveas a resource for the community. Inaddition to the EPA and WVDEPreporting requirements of today’srulemaking, the FPA includesprovisions whereby the SistersvillePlant will make copies of semiannualand annual project reports available toall interested parties. A public file onthis XL project has been maintained atthe local Sistersville library throughoutproject development, and will continueto be updated as the project isimplemented.

A detailed description of this programand the stakeholder support for thisproject is included in the Final ProjectAgreement, which is available throughthe docket or through EPA’s Project XLsite which can be found at http://www.epa.gov/ProjectXL.

5. Regulatory Implementation Approach

Today’s action provides theSistersville Plant with a temporary,conditional deferral from theapplicability of certain existing RCRASubpart CC regulatory requirements.This action allows the Sistersville Plantto continue to operate the twohazardous waste surface impoundmentswithout installing the organic airemission controls that are required forthose types of units under the RCRASubpart CC Federal regulations. Today’ssite-specific deferral from RCRASubpart CC surface impoundmentrequirements is conditioned upon theSistersville Plant’s continuouscompliance with the environmentallybeneficial initiatives that weredeveloped for this XL project. Thoseinitiatives are described in Section III oftoday’s preamble, and further detailedin the FPA.

The state of West Virginia is not yetauthorized under the Hazardous andSolid Waste Amendments (HSWA) toimplement the RCRA Subpart CC airregulations. However, West Virginiaregulations, codified in 45 Code of StateRegulations 25 (‘‘WV 45 CSR 25’’),contain the same technical requirementsas the Federal regulations of RCRASubpart CC. The Sistersville Plant issubject to the West Virginia StateRegulations, which would includerequirements that the two hazardouswaste surface impoundments beoperated with organic air emissioncontrols. Thus, to implement this XLproject, the WVDEP and the SistersvillePlant have negotiated and executed aconsent order under the authority ofW.Va. Code Sec. 22–4–5. A copy of thatconsent order is available in the docketfor today’s rulemaking. The consentorder defers application of the organicair emission requirements of WV 45CSR 25, which would otherwise beapplicable to the hazardous wastesurface impoundments at theSistersville Plant. The state consentorder will implement the deferral fromWV 45 CSR 25 for the same effectiveperiod that today’s rulemaking willimplement a temporary, conditionaldeferral from Federal RCRA Subpart CCrequirements. Essentially, the consentorder implements this XL project at theState level, while today’s rulemakingimplements the project at the Federallevel.

West Virginia is expected to adopttoday’s rulemaking during their 1999State Legislative Session. After thatadoption, WVDEP intends to implementthe project through regulationscontained in the Code of StateRegulations (‘‘CSR’’), rather than


through a consent order. As with today’srulemaking, the state consent order’stemporary deferral from WV 45 CSR 25surface impoundment requirements isconditioned upon the SistersvillePlant’s continuous compliance with theenvironmentally beneficial conditionsdeveloped under this XL project.Similarly, when today’s Federalrulemaking is adopted into the WestVirginia CSR, as described above, theSistersville Plant will be required tocomply with those environmentallybeneficial conditions in order tomaintain the temporary deferral fromsurface impoundment requirements ofWV 45 CSR 25. The state adoption oftoday’s rulemaking, and its use of therule rather than the consent order toregulate the project, will result in aslight change in the way this XL projectis implemented at the state level;however, that adoption will not result inany changes to the environmentallybeneficial conditions to which theSistersville Plant is subject, or to thenature of the Sistersville Plant’s deferralfrom hazardous waste surfaceimpoundment air emission controlrequirements.

It is the intent of the EPA and theWVDEP to incorporate the provisions oftoday’s rulemaking and the WV stateconsent order into the SistersvillePlant’s permits, as appropriate. Thiswould be accomplished in the normalcourse of reissuance of the RCRA part Bpermit, and in any other permits whenissued in their normal course. Althoughtoday’s rulemaking action temporarilydefers the applicability of RCRASubpart CC air emission controlrequirements to the two hazardouswaste surface impoundments, today’saction does not affect the SistersvillePlant’s RCRA permitting requirementsunder 40 CFR 270.27. Those permittingrequirements are applicable to airemission control equipment operated inaccordance with RCRA Subpart CC.Today’s action temporarily defers theapplicability of those air emissioncontrol requirements to the SistersvillePlant surface impoundments; but ifthere is a time that the Sistersville Plantinstalls air emission controls on thosehazardous waste surfaceimpoundments, the applicableinformation would be required to bereflected in the Plant’s RCRA part Bpermit.

The only Federal regulation thattoday’s temporary, conditional deferralaffects is the RCRA Subpart CC organicair emission standards. Furthermore, theonly aspect of those standards thattoday’s rulemaking affects is theapplicability of the organic air emissionstandards to the two hazardous waste

surface impoundments at theSistersville Plant. Similarly, the onlyState regulatory requirements that areaffected by the state consent order areWV 45 CSR 25 requirements applicableto organic air emission controls for thetwo hazardous waste surfaceimpoundments at the Sistersville Plant.The EPA emphasizes that today’srulemaking action, and the state consentorder that parallels today’s action, donot affect the provisions or applicabilityof any other existing or futureregulations; furthermore, theapplicability of today’s rulemaking andthe parallel state consent order arelimited in scope to the Sistersville Plant.

6. Project Duration and CompletionAs with all XL projects testing

alternative environmental protectionstrategies, the term of the SistersvillePlant XL project is one of limitedduration. Section 264.1080(f)(3) oftoday’s rule provides that the temporarydeferral of the RCRA Subpart CC airemission requirements for the surfaceimpoundments at the Sistersville Plantwill expire on the ‘‘MON ComplianceDate.’’ Today’s rule defines the ‘‘MONCompliance Date’’ as three years afterthe effective date of the MON. Asdescribed in Section II.B.2 of thispreamble, air emission controls for theMON source category are scheduled tobecome final in late 2000, and airemission controls for MON sources areanticipated to be required three yearsafter that date. Accordingly, this XLproject will not continue after that time,and the Sistersville Plant will thereafterbe subject to those requirementsdeferred by today’s rule, if applicable.However, the Sistersville Plant maypropose to EPA a new Project XL to takeeffect after that time.

Today’s rule provides for an orderlytransition from the requirements of thisXL project to those requirements whichwill apply to the facility after the projectends. Pursuant to 40 CFR264.1080(f)(3)(iii) and 264.1080(g)(1)(ii)of today’s rulemaking, the SistersvillePlant is required to submit to EPA animplementation schedule specifyinghow the Sistersville Plant will comeinto compliance with the requirementsthat are deferred by today’s rule. Theimplementation schedule must besubmitted to EPA eighteen months priorto the MON Compliance Date, and mustmeet the requirements of 40 CFR264.1080(g)(1)(iii) of today’s rule. In noevent will the implementation scheduleextend beyond the MON ComplianceDate. The implementation schedulesubmitted by the Sistersville Plant mustcontain interim calendar, or‘‘milestone,’’ dates for the purchase and

installation of equipment, performancetesting, and other measures, asnecessary for the Sistersville Plant tocome into compliance with the deferredrequirements.

Today’s rule provides that theSistersville Plant has the option withinthe above-described transitional periodto either install equipment and takesuch other steps as may be necessary tocomply with the deferred requirements(i.e., to bring the surface impoundmentsinto compliance with 40 CFR 264.1085),or to install equipment and undertakesuch modifications as may be necessaryso as to preclude the application of thedeferred requirements (i.e., such that 40CFR 264.1085 is no longer applicable).Regardless of which approach theSistersville Plant selects, those changesmust be fully completed andimplemented by the MON ComplianceDate in order to provide uninterruptedenvironmental benefits, and a seamlesstransition for the Sistersville Plant tomove from its XL project requirementsto its otherwise applicablerequirements.

Because Project XL is a voluntary andexperimental program, today’s rulecontains provisions that allow theproject to conclude prior to the MONCompliance Date, in the event that it isdesirable or necessary to do so. Forexample, an early conclusion (orrevocation ‘‘for cause,’’ as set forth in 40CFR 264.1080(f)(3)(iv) of today’s rule)would be warranted if the project’senvironmental benefits do not meet theProject XL requirement for theachievement of ‘‘superior’’environmental results, or if the capperunit is removed from service at thefacility and no environmental benefitsare realized from the air emissioncontrols installed on the capper unitunder this XL project. In addition, newlaws or regulations may becomeapplicable to the Sistersville Plantduring the project term which mightrender the project impractical, or mightcontain regulatory requirements thatsupersede the ‘‘superior’’ environmentalbenefits that the Sistersville Plant isachieving under this project. Finally,upon reviewing a proposed transfer ofownership under 40 CFR 264.1080(f)(7)of today’s rule, the Agency mightdetermine that a future owner oroperator of the facility does notadequately implement this XL project.Similarly, the Sistersville Plant may alsorequest that the temporary deferral berevoked prior to the MON ComplianceDate if this experimental project doesnot provide sufficient benefits for thecompany to justify continuedparticipation. If an early conclusion tothe project is determined to be


appropriate, 40 CFR 264.1085(f)(3)(iv) oftoday’s final rule provides a mechanismfor EPA to legally conclude the projectprior to the MON Compliance Date,which would trigger the eighteen-monthtransitional period described earlier inthis preamble discussion.

While both EPA and the SistersvillePlant have broad discretion and latitudeto initiate an early conclusion of theproject, both expect to exercise theirgood faith and judgment in determiningwhether exercising this option isappropriate. In this respect, and asprovided in the FPA, EPA expects thatit would not be necessary to exercise itsdiscretion under this provision toconclude this project for ‘‘minor’’noncompliance by the Sistersville Plant.However, as with any failure to complywith EPA regulations, the Agencyretains its full authority to bring aformal or informal enforcement action(if necessary) to bring the SistersvillePlant back into compliance. Though theAgency has the option of concludingthis project for noncompliance, EPAexpects that this would be appropriatein response to material noncomplianceby the Sistersville Plant (e.g., substantialor repeated violations, failure todisclose material facts during the FPAdevelopment, etc.).

Finally, in the event that the XLproject concludes (for whatever reason)prior to the MON Compliance Date, theSistersville Plant must submit andcomply with an implementationschedule (as described earlier in thispreamble section) setting forth how theSistersville Plant will come intocompliance within the eighteen-monthtransitional period. The schedule shallreflect the Sistersville Plant’s intent touse its best efforts to come intocompliance as quickly as practicablewithin the eighteen-month transitionalperiod; in no event will theimplementation schedule extendbeyond the MON Compliance Date.There is an important exception to theprovision for an eighteen-monthtransitional period: if project conclusionoccurs less than eighteen months priorto the MON Compliance Date, theSistersville Plant still must come intocompliance with all applicablerequirements no later than the MONCompliance Date. In other words,concluding the project during theeighteen-month transitional period priorto the MON Compliance Date does notoperate to extend the temporaryconditional deferral beyond the MONCompliance Date.

III. Regulatory Requirements andPerformance Standards

A. Capper Unit Control RequirementsUnder this XL project, the Sistersville

Plant will reduce air emissions andwaste that would otherwise begenerated by its capper unit. Theorganic air emission reduction will beaccomplished by installing a ventsystem to collect the organic emissionsfrom the capper unit process vents, androuting the organic vent stream to athermal incinerator. The thermal ventincinerator will be required to reducethe organics in the vent stream 98% byweight. Following installation of thethermal vent incinerator, the SistersvillePlant will conduct an initialperformance test for the thermal ventincinerator, to determine an operatingtemperature that they considerappropriate to achieve the required 98%organic reduction. At that time, theSistersville Plant will also conduct aninitial inspection of the vent system toensure there are no leaks, so that allorganics collected in the vent system arerouted to the thermal vent incineratorfor treatment. Throughout the durationof this project, the Sistersville Plant willcontinue to monitor the thermal ventincinerator operating temperature, as anindication that the thermal ventincinerator is achieving the 98% organicreduction from the process vent stream.The EPA considers it appropriate toassume that operating the thermal ventincinerator at or above the temperaturedetermined in the initial performancetest will provide an adequate level ofassurance that the incinerator isachieving an organic destructionefficiency of 98% by weight. However,since the achievement of theenvironmental benefits from this XLproject is very dependent on theeffectiveness of this thermal ventincinerator, the EPA may, at some timeduring the project term, consider itappropriate to request that theSistersville Plant verify that the thermalvent incinerator operating temperatureis achieving the required 98% reductionin organics.

B. Methanol Recovery OperationIn addition to the organic air emission

controls that the Sistersville Plant shalloperate, this XL project will also resultin a reduction of methanol dischargedfrom the capper unit to the facility’swastewater treatment system. Toaccomplish this, the Sistersville Plantwill operate a methanol recovery systemthat will collect the methanol thatwould otherwise be sent to the facility’son-site wastewater treatment system.The Sistersville Plant will attempt to

recycle and re-use the collectedmethanol on-site, in lieu of virginmethanol. If the Sistersville Plant doesnot consider such re-use to be aneconomically feasible endeavor, it willattempt to sell the collected methanol toother facilities, for use in place of virginmethanol or for recovery. Only if thesefirst two approaches are not viable,would the Sistersville Plant dispose ofthe collected methanol by routing it forthermal recovery, treatment, or bio-treatment. For the expected term of thisXL project, the Sistersville Plant shallensure that no more than five percent ofthe collected methanol is subject to bio-treatment; however, if the project isrevoked prior to the MON ComplianceDate, the Sistersville Plant is not subjectto that five percent limit.

C. Waste Minimization/PollutionPrevention Study

An additional environmental benefitof this XL project is that the SistersvillePlant will conduct a WMPP study toexplore new initiatives that could beemployed at the facility. The SistersvillePlant shall conduct the WMPP study toidentify and implement sourcereduction opportunities (as defined inEPA’s Hazardous Waste MinimizationNational Plan, November 1994 (EPA530/R–94/045) (‘‘National Plan’’)). Thepurposes of source reductionopportunities are to: (1) Reduce theamount of any hazardous substance,pollutant, or contaminant entering awaste stream or otherwise released intothe environment (including fugitiveemissions) prior to recycling, treatment,or disposal; and (2) reduce the hazardsto public health and the environmentassociated with the release of suchsubstances, pollutants, or contaminants.For those waste streams that theSistersville Plant concludes cannot bereduced at the source, the WMPPinitiative will identify sound recyclingopportunities (as defined in theNational Plan), and evaluate thefeasibility of implementing suchrecycling opportunities at theSistersville Plant. One focus of theWMPP initiative shall be the reductionof specific constituents listed in 40 CFR264.1080(f)(8) of today’s rulemaking, tothe extent that such constituents arefound in waste streams at theSistersville Plant.

IV. Summary of Response to PublicComments

EPA received two public commentson the March 6, 1998 proposed rule forthe Sistersville Plant site-specifictemporary deferral. One of these was apositive comment from the TylerCounty Commission, supporting the XL


project initiative and the regulatoryimplementing mechanism. The othercomment was submitted by a citizenliving in the Sistersville area who hadpreviously submitted a comment letteron the draft FPA expressing concernregarding the installation of what hebelieved was a toxic waste incinerator(see section II.B.4. above). Thiscommenter expressed concern that theproject would increase hazardous wastegeneration at the facility and increasethe cancer rate in the area. Thecommenter was also concerned thatthere had been an insufficient review ofthe risks involved in the project and thatEPA was not acting in good faith inapproving the project. He suggested thatEPA should focus on reducing thecancer rate in the area rather thanapproving projects that would increasepollution. He stated that he did notbelieve the regulatory process had anyintegrity in this case and that EPA wasmerely giving the project its rubberstamp. He also requested a hearingregarding the proposed rulemaking.

In response to this comment letter,representatives from EPA and theSistersville Plant met with thecommenter to explain the projectfurther. At this meeting, representativesfrom EPA and the Sistersville Plantexplained that the project would notincrease hazardous waste generation atthe facility or the cancer rate in the area;in fact, the project would result inreductions in air emissions and sludgegeneration at the facility. EPA assuredthe commenter that EPA had performeda thorough analysis of both the benefitsand any potential adverse effects of theproject. Copies of the detailed technicalanalyses EPA performed and supportingdocumentation have been madepublicly available in the rulemakingdocket. In addition, EPA explained thatit had followed its guidelines regardingXL projects. These guidelines are setforth in the two descriptive documentspublished in the Federal Register (60FR 27282, May 23, 1995 and 62 FR19872, April 23, 1997), and theDecember 1, 1995 ‘‘Principles forDevelopment of Project XL Final ProjectAgreements’’ document. EPA explainedhow the OSi Specialties SistersvillePlant XL project addresses the XLcriteria to the commenter. A detaileddescription of how the project meets theXL criteria can be found in the notice ofavailability for this XL project (62 FR34748, June 27, 1997) and the relateddocuments that were noticed by thatFederal Register action. Each of thesedocuments is available from the docketfor this action (see ADDRESSES section oftoday’s preamble).

As a result of the meeting with thecommenter, the commenter withdrewhis request for a public hearing. He alsostated that he was dropping hisobjections to the project. Because theretraction of the hearing request was notsubmitted to EPA until after notice of apublic hearing had been published, EPAdecided to proceed with the publichearing. The public hearing was held onTuesday, April 28, 1998 at the Wells Innin Sistersville, West Virginia. EPARegion 3 representatives and severalSistersville Plant personnel attended thepublic hearing. The public hearing wasadvertised in the Federal Register andannounced on a local Sistersville radiostation; however, no one from the publicattended the public hearing. An EPArepresentative opened the hearing bydescribing the purpose of the hearing,and acknowledged that no one from thepublic was in attendance. The citizencommenter’s initial letter dated March14, 1998, was entered as ExhibitNumber 1. The EPA representativeexplained that EPA and the SistersvillePlant had met with the commenter onApril 20, 1998, to provide an overviewof the XL project and address thecommenter’s questions. The secondletter dated April 20, 1998 andretracting the commenter’s request for apublic hearing was entered as ExhibitNumber 2. The transcript of the hearingis publicly available in the rulemakingdocket.

As described in section II.B.4 oftoday’s preamble, the EPA published asupplemental proposal regarding aproposed delay to the thermal oxidizerinitial performance test deadline. See 63FR 37309, July 10, 1998. Thatsupplemental proposal provided a 14-day public comment period; however,no comments were received.

V. Additional Information

A. Immediate Effective Date

Pursuant to 5 U.S.C. 553(d)(3) and 42U.S.C. 6930(b)(3), EPA finds that goodcause exists to make today’s site-specificrule effective immediately. TheSistersville Plant is the only regulatedentity that is subject to this rule. TheSistersville Plant has had very extensivenotice of this final rule for a conditional,site-specific deferral, and is prepared tocomply immediately. As described insection II.B.4 of today’s preamble, thepublic and the project stakeholder grouphave had several opportunities toreview today’s action, provide publiccomment, and participate in therulemaking process. An immediateeffective date will allow this XL projectto proceed without delay.

B. Executive Order 12866Executive Order 12866 (58 FR 51735,

October 4, 1993) does not cover rules ofparticular applicability. As a result, thisaction does not fall within the scope ofthe Executive Order.

C. Regulatory FlexibilityThe Regulatory Flexibility Act (RFA)

generally requires an agency to conducta regulatory flexibility analysis of anyrule subject to notice and commentrulemaking requirements unless theagency certifies that the rule will nothave a significant economic impact ona substantial number of small entities.Small entities include small businesses,small not-for-profit enterprises, andsmall governmental jurisdictions. Thisrule will not have a significant impacton a substantial number of small entitiesbecause it only affects one facility, theOSi Sistersville Plant, located nearSistersville, West Virginia. TheSistersville Plant is not a small entity.Therefore, EPA certifies that this actionwill not have a significant economicimpact on a substantial number of smallentities.

D. Congressional Review ActThe Congressional Review Act, 5

U.S.C. section 801 et seq., as added bythe Small Business RegulatoryEnforcement Fairness Act of 1996,generally provides that before a rulemay take effect, the Agencypromulgating the rule must submit arule report, which includes a copy ofthe rule, to each House of the Congressand the Comptroller General of theUnited States. Section 804, however,exempts from Section 801 the followingtypes of rules: Rules of particularapplicability; rules relating to Agencymanagement or personnel; and rules ofAgency organization, procedure, orpractice that do not substantially affectthe rights or obligations of non-Agencyparties. 5 U.S.C. Section 804(3). EPA isnot required to submit a rule reportregarding today’s action under Section801 because this is a rule of particularapplicability.

E. Paperwork Reduction ActThis action applies only to one

company, and therefore requires noinformation collection activities subjectto the Paperwork Reduction Act, andtherefore no information collectionrequest (ICR) will be submitted to OMBfor review in compliance with thePaperwork Reduction Act, 44 U.S.C.3501, et seq.

F. Unfunded Mandates Reform ActTitle II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.


104–4, establishes requirements forFederal agencies to assess the effects oftheir regulatory actions on State, local,and tribal governments and the privatesector. Under section 202 of the UMRA,EPA generally must prepare a writtenstatement, including a cost-benefitanalysis, for proposed and final ruleswith ‘‘Federal mandates’’ that mayresult in expenditures to State, local,and tribal governments, in the aggregate,or to the private sector, of $100 millionor more in any one year. Beforepromulgating an EPA rule for which awritten statement is needed, section 205of the UMRA generally requires EPA toidentify and consider a reasonablenumber of regulatory alternatives andadopt the least costly, most cost-effective or least burdensome alternativethat achieves the objectives of the rule.The provisions of section 205 do notapply when they are inconsistent withapplicable law. Moreover, section 205allows EPA to adopt an alternative otherthan the least costly, most cost-effectiveor least burdensome alternative if theAdministrator publishes with the finalrule an explanation of why thatalternative was not adopted. Before EPAestablishes any regulatory requirementsthat may significantly or uniquely affectsmall governments, including tribalgovernments, it must have developedunder section 203 of the UMRA a smallgovernment agency plan. The plan mustprovide for notifying potentiallyaffected small governments, enablingofficials of affected small governmentsto have meaningful and timely input inthe development of EPA regulatoryproposals with significant Federalintergovernmental mandates, andinforming, educating, and advisingsmall governments on compliance withthe regulatory requirements.

As noted above, this rule is applicableonly to the Sistersville Plant, locatednear Sistersville, West Virginia. TheEPA has determined that this rulecontains no regulatory requirements thatmight significantly or uniquely affectsmall governments. EPA has alsodetermined that this rule does notcontain a Federal mandate that mayresult in expenditures of $100 million ormore for State, local, and tribalgovernments, in the aggregate, or theprivate sector in any one year. Thus,today’s rule is not subject to therequirements of sections 202 and 205 ofthe UMRA.

G. Applicability of Executive Order13045

The Executive Order 13045,‘‘Protection of Children fromEnvironmental Health Risks and SafetyRisks’’ (62 FR 19885, April 23, 1997)

applies to any rule that: (1) Isdetermined to be ‘‘economicallysignificant,’’ as defined under ExecutiveOrder 12866; and (2) concerns anenvironmental health or safety risk thatEPA has reason to believe may have adisproportionate effect on children. Ifthe regulatory action meets both criteria,the Agency must evaluate theenvironmental health or safety effects ofthe planned rule on children, andexplain why the planned regulation ispreferable to other potentially effectiveand reasonably feasible alternativesconsidered by the Agency.

This rule is not subject to ExecutiveOrder 13045 because it is not aneconomically significant rule, as definedby Executive Order 12866, and becauseit does not involve decisions based onenvironmental health or safety risks.

H. Executive Order 12875: EnhancingIntergovernmental Partnerships

Under Executive Order 12875, EPAmay not issue a regulation that is notrequired by statute and that creates amandate upon a State, local or tribalgovernment, unless the Federalgovernment provides the fundsnecessary to pay the direct compliancecosts incurred by those governments. Ifthe mandate is unfunded, EPA mustprovide to the Office of Managementand Budget a description of the extentof EPA’s prior consultation withrepresentatives of affected State, localand tribal governments, the nature oftheir concerns, copies of any writtencommunications from the governments,and a statement supporting the need toissue the regulation. In addition,Executive Order 12875 requires EPA todevelop an effective process permittingelected officials and otherrepresentatives of State, local and tribalgovernments to provide meaningful andtimely input in the development ofregulatory proposals containingsignificant unfunded mandates. Today’srule does not create a mandate on State,local or tribal governments. The ruledoes not impose any enforceable dutieson these entities. Accordingly, therequirements of section 1(a) ofExecutive Order 12875 do not apply tothis rule.

I. Executive Order 13084: Consultationand Coordination With Indian TribalGovernments

Under Executive Order 13084, EPAmay not issue a regulation that is notrequired by statute, that significantly oruniquely affects the communities ofIndian tribal governments, and thatimposes substantial direct compliancecosts on those communities, unless theFederal government provides the funds

necessary to pay the direct compliancecosts incurred by the tribalgovernments. If the mandate isunfunded, EPA must provide to theOffice of Management and Budget, in aseparately identified section of thepreamble to the rule, a description ofthe extent of EPA’s prior consultationwith representatives of affected tribalgovernments, a summary of the natureof their concerns, and a statementsupporting the need to issue theregulation. In addition, Executive Order13084 requires EPA to develop aneffective process permitting elected andother representatives of Indian tribalgovernments to provide meaningful andtimely input in the development ofregulatory policies on matters thatsignificantly or uniquely affect theircommunities. Today’s rule does notsignificantly or uniquely affect thecommunities of Indian tribalgovernments. There are no communitiesof Indian tribal governments located inthe vicinity of the OSi facility.Accordingly, the requirements ofsection 3(b) of Executive Order 13084do not apply to this rule.

List of Subjects in 40 CFR Parts 264 and265

Environmental protection, Airpollution control, Control device,Hazardous waste, Monitoring, Reportingand recordkeeping requirements,Surface impoundment, Treatmentstorage and disposal facility, Wastedetermination.

Dated: August 31, 1998.Carol M. Browner,Administrator.

For the reasons set forth in thepreamble, parts 264 and 265 of chapterI of title 40 of the Code of FederalRegulations are amended as follows:

PART 264—STANDARDS FOROWNERS AND OPERATORS OFHAZARDOUS WASTE TREATMENT,STORAGE, AND DISPOSALFACILITIES

1. The authority citation for part 264continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924,and 6925.

Subpart CC—Air Emission Standardsfor Tanks, Surface Impoundments, andContainers

2. Section 264.1080 is amended byadding paragraphs (f) and (g) to read asfollows:

§ 264.1080 Applicability.

* * * * *


(f) This section applies only to thefacility commonly referred to as the OSiSpecialties Plant, located on State Route2, Sistersville, West Virginia(‘‘Sistersville Plant’’).

(1)(i) Provided that the SistersvillePlant is in compliance with therequirements of paragraph (f)(2) of thissection, the requirements referenced inparagraphs (f)(1)(iii) and (f)(1)(iv) of thissection are temporarily deferred, asspecified in paragraph (f)(3) of thissection, with respect to the twohazardous waste surface impoundmentsat the Sistersville Plant. Beginning onthe date that paragraph (f)(1)(ii) of thissection is first implemented, thetemporary deferral of this paragraphshall no longer be effective.

(ii)(A) In the event that a notice ofrevocation is issued pursuant toparagraph (f)(3)(iv) of this section, therequirements referenced in paragraphs(f)(1)(iii) and (f)(1)(iv) of this section aretemporarily deferred, with respect to thetwo hazardous waste surfaceimpoundments, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(ii),(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and(g) of this section, except as providedunder paragraph (f)(1)(ii)(B) of thissection. The temporary deferral of theprevious sentence shall be effectivebeginning on the date the SistersvillePlant receives written notification ofrevocation, and continuing for amaximum period of 18 months fromthat date, provided that the SistersvillePlant is in compliance with therequirements of paragraphs (f)(2)(ii),(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and(g) of this section at all times during that18-month period. In no event shall thetemporary deferral continue to beeffective after the MON ComplianceDate.

(B) In the event that a notification ofrevocation is issued pursuant toparagraph (f)(3)(iv) of this section as aresult of the permanent removal of thecapper unit from methyl cappedpolyether production service, therequirements referenced in paragraphs(f)(1)(iii) and (f)(1)(iv) of this section aretemporarily deferred, with respect to thetwo hazardous waste surfaceimpoundments, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(vi),and (g) of this section. The temporarydeferral of the previous sentence shallbe effective beginning on the date theSistersville Plant receives writtennotification of revocation, andcontinuing for a maximum period of 18months from that date, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(vi)

and (g) of this section at all times duringthat 18-month period. In no event shallthe temporary deferral continue to beeffective after the MON ComplianceDate.

(iii) The standards in § 264.1085 ofthis part, and all requirementsreferenced in or by § 264.1085 thatotherwise would apply to the twohazardous waste surfaceimpoundments, including the closed-vent system and control devicerequirements of § 264.1087 of this part.

(iv) The reporting requirements of§ 264.1090 that are applicable to surfaceimpoundments and/or to closed-ventsystems and control devices associatedwith a surface impoundment.

(2) Notwithstanding the effectiveperiod and revocation provisions inparagraph (f)(3) of this section, thetemporary deferral provided inparagraph (f)(1)(i) of this section iseffective only if the Sistersville Plantmeets the requirements of paragraph(f)(2) of this section.

(i) The Sistersville Plant shall installan air pollution control device on thepolyether methyl capper unit (‘‘capperunit’’), implement a methanol recoveryoperation, and implement a wasteminimization/pollution prevention(‘‘WMPP’’) project. The installation andimplementation of these requirementsshall be conducted according to theschedule described in paragraphs(f)(2)(i) and (f)(2)(vi) of this section.

(A) The Sistersville Plant shallcomplete the initial start-up of a thermalincinerator on the capper unit’s processvents from the first stage vacuum pump,from the flash pot and surge tank, andfrom the water stripper, no later thanApril 1, 1998.

(B) The Sistersville Plant shallprovide to the EPA and the WestVirginia Department of EnvironmentalProtection, written notification of theactual date of initial start-up of thethermal incinerator, andcommencement of the methanolrecovery operation. The SistersvillePlant shall submit this writtennotification as soon as practicable, butin no event later than 15 days after suchevents.

(ii) The Sistersville Plant shall installand operate the capper unit process ventthermal incinerator according to therequirements of paragraphs (f)(2)(ii)(A)through (f)(2)(ii)(D) of this section.

(A) Capper unit process vent thermalincinerator.

(1) Except as provided underparagraph (f)(2)(ii)(D) of this section, theSistersville Plant shall operate theprocess vent thermal incinerator suchthat the incinerator reduces the totalorganic compounds (‘‘TOC’’) from the

process vent streams identified inparagraph (f)(2)(i)(A) of this section, by98 weight-percent, or to a concentrationof 20 parts per million by volume, on adry basis, corrected to 3 percent oxygen,whichever is less stringent.

(i) Prior to conducting the initialperformance test required underparagraph (f)(2)(ii)(B) of this section, theSistersville Plant shall operate thethermal incinerator at or above aminimum temperature of 1600Fahrenheit.

(ii) After the initial performance testrequired under paragraph (f)(2)(ii)(B) ofthis section, the Sistersville Plant shalloperate the thermal incinerator at orabove the minimum temperatureestablished during that initialperformance test.

(iii) The Sistersville Plant shalloperate the process vent thermalincinerator at all times that the capperunit is being operated to manufactureproduct.

(2) The Sistersville Plant shall install,calibrate, and maintain all air pollutioncontrol and monitoring equipmentdescribed in paragraphs (f)(2)(i)(A) and(f)(2)(ii)(B)(3) of this section, accordingto the manufacturer’s specifications, orother written procedures that provideadequate assurance that the equipmentcan reasonably be expected to controland monitor accurately, and in amanner consistent with goodengineering practices during all periodswhen emissions are routed to the unit.

(B) The Sistersville Plant shall complywith the requirements of paragraphs(f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(3) ofthis section for performance testing andmonitoring of the capper unit processvent thermal incinerator.

(1) Within sixty (120) days afterthermal incinerator initial start-up, theSistersville Plant shall conduct aperformance test to determine theminimum temperature at whichcompliance with the emission reductionrequirement specified in paragraph (f)(4)of this section is achieved. Thisdetermination shall be made bymeasuring TOC minus methane andethane, according to the proceduresspecified in paragraph (f)(2)(ii)(B) of thissection.

(2) The Sistersville Plant shallconduct the initial performance test inaccordance with the standards set forthin paragraph (f)(4) of this section.

(3) Upon initial start-up, theSistersville Plant shall install, calibrate,maintain and operate, according tomanufacturer’s specifications and in amanner consistent with goodengineering practices, the monitoringequipment described in paragraphs


(f)(2)(ii)(B)(3)(i) through(f)(2)(ii)(B)(3)(iii) of this section.

(i) A temperature monitoring deviceequipped with a continuous recorder.The temperature monitoring deviceshall be installed in the firebox or in theduct work immediately downstream ofthe firebox in a position before anysubstantial heat exchange isencountered.

(ii) A flow indicator that provides arecord of vent stream flow to theincinerator at least once every fifteenminutes. The flow indicator shall beinstalled in the vent stream from theprocess vent at a point closest to theinlet of the incinerator.

(iii) If the closed-vent system includesbypass devices that could be used todivert the gas or vapor stream to theatmosphere before entering the controldevice, each bypass device shall beequipped with either a bypass flowindicator or a seal or locking device asspecified in this paragraph. For thepurpose of complying with thisparagraph, low leg drains, high pointbleeds, analyzer vents, open-endedvalves or lines, spring-loaded pressurerelief valves, and other fittings used forsafety purposes are not considered to bebypass devices. If a bypass flowindicator is used to comply with thisparagraph, the bypass flow indicatorshall be installed at the inlet to thebypass line used to divert gases andvapors from the closed-vent system tothe atmosphere at a point upstream ofthe control device inlet. If a seal orlocking device (e.g. car-seal or lock-and-key configuration) is used to complywith this paragraph, the device shall beplaced on the mechanism by which thebypass device position is controlled(e.g., valve handle, damper levels) whenthe bypass device is in the closedposition such that the bypass devicecannot be opened without breaking theseal or removing the lock. TheSistersville Plant shall visually inspectthe seal or locking device at least onceevery month to verify that the bypassmechanism is maintained in the closedposition.

(C) The Sistersville Plant shall keepon-site an up-to-date, readily accessiblerecord of the information described inparagraphs (f)(2)(ii)(C)(1) through(f)(2)(ii)(C)(4) of this section.

(1) Data measured during the initialperformance test regarding the fireboxtemperature of the incinerator and thepercent reduction of TOC achieved bythe incinerator, and/or such otherinformation required in addition to or inlieu of that information by the WVDEPin its approval of equivalent testmethods and procedures.

(2) Continuous records of theequipment operating proceduresspecified to be monitored underparagraph (f)(2)(ii)(B)(3) of this section,as well as records of periods ofoperation during which the fireboxtemperature falls below the minimumtemperature established underparagraph (f)(2)(ii)(A)(1) of this section.

(3) Records of all periods duringwhich the vent stream has no flow rateto the extent that the capper unit isbeing operated during such period.

(4) Records of all periods duringwhich there is flow through a bypassdevice.

(D) The Sistersville Plant shallcomply with the start-up, shutdown,maintenance and malfunctionrequirements contained in paragraphs(f)(2)(ii)(D)(1) through (f)(2)(ii)(D)(6) ofthis section, with respect to the capperunit process vent incinerator.

(1) The Sistersville Plant shalldevelop and implement a Start-up,Shutdown and Malfunction Plan asrequired by the provisions set forth inparagraph (f)(2)(ii)(D) of this section.The plan shall describe, in detail,procedures for operating andmaintaining the thermal incineratorduring periods of start-up, shutdownand malfunction, and a program ofcorrective action for malfunctions of thethermal incinerator.

(2) The plan shall include a detaileddescription of the actions theSistersville Plant will take to performthe functions described in paragraphs(f)(2)(ii)(D)(2)(i) through(f)(2)(ii)(D)(2)(iii) of this section.

(i) Ensure that the thermal incineratoris operated in a manner consistent withgood air pollution control practices.

(ii) Ensure that the Sistersville Plant isprepared to correct malfunctions assoon as practicable after theiroccurrence in order to minimize excessemissions.

(iii) Reduce the reportingrequirements associated with periods ofstart-up, shutdown and malfunction.

(3) During periods of start-up,shutdown and malfunction, theSistersville Plant shall maintain theprocess unit and the associated thermalincinerator in accordance with theprocedures set forth in the plan.

(4) The plan shall contain recordkeeping requirements relating to periodsof start-up, shutdown or malfunction,actions taken during such periods inconformance with the plan, and anyfailures to act in conformance with theplan during such periods.

(5) During periods of maintenance ormalfunction of the thermal incinerator,the Sistersville Plant may continue tooperate the capper unit, provided that

operation of the capper unit without thethermal incinerator shall be limited tono more than 240 hours each calendaryear.

(6) For the purposes of paragraph(f)(2)(iii)(D) of this section, theSistersville Plant may use its operatingprocedures manual, or a plan developedfor other reasons, provided that planmeets the requirements of paragraph(f)(2)(iii)(D) of this section for the start-up, shutdown and malfunction plan.

(iii) The Sistersville Plant shalloperate the closed-vent system inaccordance with the requirements ofparagraphs (f)(2)(iii)(A) through(f)(2)(iii)(D) of this section.

(A) Closed-vent system.(1) At all times when the process vent

thermal incinerator is operating, theSistersville Plant shall route the ventstreams identified in paragraph (f)(2)(i)of this section from the capper unit tothe thermal incinerator through aclosed-vent system.

(2) The closed-vent system will bedesigned for and operated with nodetectable emissions, as defined inparagraph (f)(6) of this section.

(B) The Sistersville Plant will complywith the performance standards set forthin paragraph (f)(2)(iii)(A)(1) of thissection on and after the date on whichthe initial performance test referencedin paragraph (f)(2)(ii)(B) of this sectionis completed, but no later than sixty (60)days after the initial start-up date.

(C) The Sistersville Plant shall complywith the monitoring requirements ofparagraphs (f)(2)(iii)(C)(1) through(f)(2)(iii)(C)(3) of this section, withrespect to the closed-vent system.

(1) At the time of the performance testdescribed in paragraph (f)(2)(ii)(B) ofthis section, the Sistersville Plant shallinspect the closed-vent system asspecified in paragraph (f)(5) of thissection.

(2) At the time of the performance testdescribed in paragraph (f)(2)(ii)(B) ofthis section, and annually thereafter, theSistersville Plant shall inspect theclosed-vent system for visible, audible,or olfactory indications of leaks.

(3) If at any time a defect or leak isdetected in the closed-vent system, theSistersville Plant shall repair the defector leak in accordance with therequirements of paragraphs(f)(2)(iii)(C)(3)(i) and (f)(2)(iii)(C)(3)(ii) ofthis section.

(i) The Sistersville Plant shall makefirst efforts at repair of the defect nolater than five (5) calendar days afterdetection, and repair shall be completedas soon as possible but no later thanforty-five (45) calendar days afterdetection.


(ii) The Sistersville Plant shallmaintain a record of the defect repair inaccordance with the requirementsspecified in paragraph (f)(2)(iii)(D) ofthis section.

(D) The Sistersville Plant shall keepon-site up-to-date, readily accessiblerecords of the inspections and repairsrequired to be performed by paragraph(f)(2)(iii) of this section.

(iv) The Sistersville Plant shalloperate the methanol recovery operationin accordance with paragraphs(f)(2)(iv)(A) through (f)(2)(iv)(C) of thissection.

(A) The Sistersville Plant shalloperate the condenser associated withthe methanol recovery operation at alltimes during which the capper unit isbeing operated to manufacture product.

(B) The Sistersville Plant shall complywith the monitoring requirementsdescribed in paragraphs (f)(2)(B)(1)through (f)(2)(B)(3) of this section, withrespect to the methanol recoveryoperation.

(1) The Sistersville Plant shallperform measurements necessary todetermine the information described inparagraphs (f)(2)(iv)(B)(1)(i) and(f)(2)(iv)(B)(1)(ii) of this section todemonstrate the percentage recovery byweight of the methanol contained in theinfluent gas stream to the condenser.

(i) Information as is necessary tocalculate the annual amount ofmethanol generated by operating thecapper unit.

(ii) The annual amount of methanolrecovered by the condenser associatedwith the methanol recovery operation.

(2) The Sistersville Plant shall install,calibrate, maintain and operateaccording to manufacturerspecifications, a temperature monitoringdevice with a continuous recorder forthe condenser associated with themethanol recovery operation, as anindicator that the condenser isoperating.

(3) The Sistersville Plant shall recordthe dates and times during which thecapper unit and the condenser areoperating.

(C) The Sistersville Plant shall keepon-site up-to-date, readily-accessiblerecords of the parameters specified to bemonitored under paragraph (f)(2)(iv)(B)of this section.

(v) The Sistersville Plant shall complywith the requirements of paragraphs(f)(2)(v)(A) through (f)(2)(v)(C) of thissection for the disposition of methanolcollected by the methanol recoveryoperation.

(A) On an annual basis, theSistersville Plant shall ensure that aminimum of 95% by weight of themethanol collected by the methanol

recovery operation (also referred to asthe ‘‘collected methanol’’) is utilized forreuse, recovery, or thermal recovery/treatment. The Sistersville Plant mayuse the methanol on-site, or maytransfer or sell the methanol for reuse,recovery, or thermal recovery/treatmentat other facilities.

(1) Reuse. To the extent reuse of all ofthe collected methanol destined forreuse, recovery, or thermal recovery isnot economically feasible, theSistersville Plant shall ensure theresidual portion is sent for recovery, asdefined in paragraph (f)(6) of thissection, except as provided in paragraph(f)(2)(v)(A)(2) of this section.

(2) Recovery. To the extent that reuseor recovery of all the collected methanoldestined for reuse, recovery, or thermalrecovery is not economically feasible,the Sistersville Plant shall ensure thatthe residual portion is sent for thermalrecovery/treatment, as defined inparagraph (f)(6) of this section.

(3) The Sistersville Plant shall ensurethat, on an annual basis, no more than5% of the methanol collected by themethanol recovery operation is subjectto bio-treatment.

(4) In the event the Sistersville Plantreceives written notification ofrevocation pursuant to paragraph(f)(3)(iv) of this section, the percentlimitations set forth under paragraph(f)(2)(v)(A) of this section shall nolonger be applicable, beginning on thedate of receipt of written notification ofrevocation.

(B) The Sistersville Plant shallperform such measurements as arenecessary to determine the pounds ofcollected methanol directed to reuse,recovery, thermal recovery/treatmentand bio-treatment, respectively, on amonthly basis.

(C) The Sistersville Plant shall keepon-site up-to-date, readily accessiblerecords of the amounts of collectedmethanol directed to reuse, recovery,thermal recovery/treatment and bio-treatment necessary for themeasurements required under paragraph(f)(2)(iv)(B) of this section.

(vi) The Sistersville Plant shallperform a WMPP project in accordancewith the requirements and schedules setforth in paragraphs (f)(2)(vi)(A) through(f)(2)(vi)(C) of this section.

(A) In performing the WMPP Project,the Sistersville Plant shall use a StudyTeam and an Advisory Committee asdescribed in paragraphs (f)(2)(vi)(A)(1)through (f)(2)(vi)(A)(6) of this section.

(1) At a minimum, the multi-functional Study Team shall consist ofSistersville Plant personnel fromappropriate plant departments(including both management and

employees) and an independentcontractor. The Sistersville Plant shallselect a contractor that has experienceand training in WMPP in the chemicalmanufacturing industry.

(2) The Sistersville Plant shall directthe Study Team such that the teamperforms the functions described inparagraphs (f)(2)(vi)(A)(2)(i) through(f)(2)(vi)(A)(2)(v) of this section.

(i) Review Sistersville Plantoperations and waste streams.

(ii) Review prior WMPP efforts at theSistersville Plant.

(iii) Develop criteria for the selectionof waste streams to be evaluated for theWMPP Project.

(iv) Identify and prioritize the wastestreams to be evaluated during the studyphase of the WMPP Project, based onthe criteria described in paragraph(f)(2)(vi)(A)(2)(iii) of this section.

(v) Perform the WMPP Study asrequired by paragraphs (f)(2)(vi)(A)(3)through (f)(2)(vi)(A)(5), paragraph(f)(2)(vi)(B), and paragraph (f)(2)(vi)(C)of this section.

(3)(i) The Sistersville Plant shallestablish an Advisory Committeeconsisting of a representative from EPA,a representative from WVDEP, theSistersville Plant Manager, theSistersville Plant Director of Safety,Health and Environmental Affairs, anda stakeholder representative(s).

(ii) The Sistersville Plant shall selectthe stakeholder representative(s) bymutual agreement of EPA, WVDEP andthe Sistersville Plant no later than 20days after receiving from EPA andWVDEP the names of their respectivecommittee members.

(4) The Sistersville Plant shallconvene a meeting of the AdvisoryCommittee no later than thirty days afterselection of the stakeholderrepresentatives, and shall convenemeetings periodically thereafter asnecessary for the Advisory Committee toperform its assigned functions. TheSistersville Plant shall direct theAdvisory Committee to perform thefunctions described in paragraphs(f)(2)(vi)(A)(4)(i) through(f)(2)(vi)(A)(4)(iii) of this section.

(i) Review and comment upon theStudy Team’s criteria for selection ofwaste streams, and the Study Team’sidentification and prioritization of thewaste streams to be evaluated during theWMPP Project.

(ii) Review and comment upon theStudy Team progress reports and thedraft WMPP Study Report.

(iii) Periodically review theeffectiveness of WMPP opportunitiesimplemented as part of the WMPPProject, and, where appropriate, WMPPopportunities previously determined to


be infeasible by the Sistersville Plantbut which had potential for feasibility inthe future.

(5) Beginning on January 15, 1998,and every ninety (90) days thereafteruntil submission of the final WMPPStudy Report required by paragraph(f)(2)(vi)(C) of this section, theSistersville Plant shall direct the StudyTeam to submit a progress report to theAdvisory Committee detailing its effortsduring the prior ninety (90) day period.

(B) The Sistersville Plant shall ensurethat the WMPP Study and the WMPPStudy Report meet the requirements ofparagraphs (f)(2)(vi)(B)(1) through(f)(2)(vi)(B)(3) of this section.

(1) The WMPP Study shall consist ofa technical, economic, and regulatoryassessment of opportunities for sourcereduction and for environmentallysound recycling for waste streamsidentified by the Study Team.

(2) The WMPP Study shall evaluatethe source, nature, and volume of thewaste streams; describe all the WMPPopportunities identified by the StudyTeam; provide a feasibility screening toevaluate the technical and economicalfeasibility of each of the WMPPopportunities; identify any cross-mediaimpacts or any anticipated transfers ofrisk associated with each feasibleWMPP opportunity; and identify theprojected economic savings andprojected quantitative waste reductionestimates for each WMPP opportunityidentified.

(3) No later than October 19, 1998, theSistersville Plant shall prepare andsubmit to the members of the AdvisoryCommittee a draft WMPP Study Reportwhich, at a minimum, includes theresults of the WMPP Study, identifiesWMPP opportunities the SistersvillePlant determines to be feasible,discusses the basis for excluding otheropportunities as not feasible, and makesrecommendations as to whether theWMPP Study should be continued. Themembers of the Advisory Committeeshall provide any comments to theSistersville Plant within thirty (30) daysof receiving the WMPP Study Report.

(C) Within thirty (30) days afterreceipt of comments from the membersof the Advisory Committee, theSistersville Plant shall submit to EPAand WVDEP a final WMPP Study Reportwhich identifies those WMPPopportunities the Sistersville Plantdetermines to be feasible and includesan implementation schedule for eachsuch WMPP opportunity. TheSistersville Plant shall make reasonableefforts to implement all feasible WMPPopportunities in accordance with thepriorities identified in theimplementation schedule.

(1) For purposes of this section, aWMPP opportunity is feasible if theSistersville Plant considers it to betechnically feasible (taking into accountengineering and regulatory factors,product line specifications andcustomer needs) and economicallypractical (taking into account the fullenvironmental costs and benefitsassociated with the WMPP opportunityand the company’s internalrequirements for approval of capitalprojects). For purposes of the WMPPProject, the Sistersville Plant shall use‘‘An Introduction to EnvironmentalAccounting as a Business ManagementTool,’’ (EPA 742/R–95/001) as one toolto identify the full environmental costsand benefits of each WMPP opportunity.

(2) In implementing each WMPPopportunity, the Sistersville Plant shall,after consulting with the other membersof the Advisory Committee, developappropriate protocols and methods fordetermining the information required byparagraphs (f)(2)(vi)(2)(i) through(f)(2)(vi)(2)(iii) of this section.

(i) The overall volume of wastesreduced.

(ii) The quantities of each constituentidentified in paragraph (f)(8) of thissection reduced in the wastes.

(iii) The economic benefits achieved.(3) No requirements of paragraph

(f)(2)(vi) of this section are intended toprevent or restrict the Sistersville Plantfrom evaluating and implementing anyWMPP opportunities at the SistersvillePlant in the normal course of itsoperations or from implementing, priorto the completion of the WMPP Study,any WMPP opportunities identified bythe Study Team.

(vii) The Sistersville Plant shallmaintain on-site each record required byparagraph (f)(2) of this section, throughthe MON Compliance Date.

(viii) The Sistersville Plant shallcomply with the reporting requirementsof paragraphs (f)(2)(viii)(A) through(f)(2)(viii)(G) of this section.

(A) At least sixty days prior toconducting the initial performance testof the thermal incinerator, theSistersville Plant shall submit to EPAand WVDEP copies of a notification ofperformance test, as described in 40CFR 63.7(b). Following the initialperformance test of the thermalincinerator, the Sistersville Plant shallsubmit to EPA and WVDEP copies of theperformance test results that include theinformation relevant to initialperformance tests of thermalincinerators contained in 40 CFR63.7(g)(1), 40 CFR 63.117(a)(4)(i), and 40CFR 63.117(a)(4)(ii).

(B) Beginning in 1999, on January 31of each year, the Sistersville Plant shall

submit a semiannual written report tothe EPA and WVDEP, with respect tothe preceding six month period endingon December 31, which contains theinformation described in paragraphs(f)(2)(viii)(B)(1) through(f)(2)(viii)(B)(10) of this section.

(1) Instances of operating below theminimum operating temperatureestablished for the thermal incineratorunder paragraph (f)(2)(ii)(A)(1) of thissection which were not corrected within24 hours of onset.

(2) Any periods during which thepaper unit was being operated tomanufacture product while the flowindicator the vent streams to the thermalincinerator showed no flow.

(3) Any periods during which thecapper unit was being operated tomanufacture product while the flowindicator for any bypass device on theclosed vent system to the thermalincinerator showed flow.

(4) Information required to bereported during that six month periodunder the preconstruction permit issuedunder the state permitting programapproved under subpart XX of 40 CFRPart 52—Approval and Promulgation ofImplementation Plans for West Virginia.

(5) Any periods during which thecapper unit was being operated tomanufacture product while thecondenser associated with the methanolrecovery operation was not in operation.

(6) The amount (in pounds and bymonth) of methanol collected by themethanol recovery operation during thesix month period.

(7) The amount (in pounds and bymonth) of collected methanol utilizedfor reuse, recovery, thermal recovery/treatment, or bio-treatment,respectively, during the six monthperiod.

(8) The calculated amount (in poundsand by month) of methanol generated byoperating the capper unit.

(9) The status of the WMPP Project,including the status of developing theWMPP Study Report.

(10) Beginning in the year after theSistersville Plant submits the finalWMPP Study Report required byparagraph (f)(2)(vi)(C) of this section,and continuing in each subsequentSemiannual Report required byparagraph (f)(2)(viii)(B) of this section,the Sistersville Plant shall report on theprogress of the implementation offeasible WMPP opportunities identifiedin the WMPP Study Report. TheSemiannual Report required byparagraph (f)(2)(viii)(B) of this sectionshall identify any cross-media impactsor impacts to worker safety orcommunity health issues that have


occurred as a result of implementationof the feasible WMPP opportunities.

(C) Beginning in 1999, on July 31 ofeach year, the Sistersville Plant shallprovide an Annual Project Report to theEPA and WVDEP Project XL contactscontaining the information required byparagraphs (f)(2)(viii)(C)(1) through(f)(2)(viii)(C)(8) of this section.

(1) The categories of informationrequired to be submitted underparagraphs (f)(2)(viii)(B)(1) through(f)(2)(viii)(B)(8) of this section, for thepreceding 12 month period ending onJune 30.

(2) An updated Emissions Analysisfor January through December of thepreceding calendar year. TheSistersville Plant shall submit theupdated Emissions Analysis in a formsubstantially equivalent to the previousEmissions Analysis prepared by theSistersville Plant to support Project XL.The Emissions Analysis shall include acomparison of the volatile organicemissions associated with the capperunit process vents and the wastewatertreatment system (using the EPA Water8 model or other model agreed to by theSistersville Plant, EPA and WVDEP)under Project XL with the expectedemissions from those sources absentProject XL during that period.

(3) A discussion of the SistersvillePlant’s performance in meeting therequirements of this section, specificallyidentifying any areas in which theSistersville Plant either exceeded orfailed to achieve any such standard.

(4) A description of any unanticipatedproblems in implementing the XLProject and any steps taken to resolvethem.

(5) A WMPP Implementation Reportthat contains the information containedin paragraphs (f)(2)(viii)(C)(5)(i) through(viii)(C)(5)(vi) of this section.

(i) A summary of the WMPPopportunities selected forimplementation.

(ii) A description of the WMPPopportunities initiated and/orcompleted.

(iii) Reductions in volume of wastegenerated and amounts of eachconstituent reduced in wastes includingany constituents identified in paragraph(f)(8) of this section.

(iv) An economic benefits analysis.(v) A summary of the results of the

Advisory Committee’s review ofimplemented WMPP opportunities.

(vi) A reevaluation of WMPPopportunities previously determined tobe infeasible by the Sistersville Plantbut which had potential for futurefeasibility.

(6) An assessment of the nature of,and the successes or problems

associated with, the Sistersville Plant’sinteraction with the federal and stateagencies under the Project.

(7) An update on stakeholderinvolvement efforts.

(8) An evaluation of the Project asimplemented against the Project XLCriteria and the baseline scenario.

(D) The Sistersville Plant shall submitto the EPA and WVDEP Project XLcontacts a written Final Project Reportcovering the period during which thetemporary deferral was effective, asdescribed in paragraph (f)(3) of thissection.

(1) The Final Project Report shallcontain the information required to besubmitted for the Semiannual Reportrequired under paragraph (f)(2)(viii)(B)of this section, and the Annual ProjectReport required under paragraph(f)(2)(viii)(C) of this section.

(2) The Sistersville Plant shall submitthe Final Project Report to EPA andWVDEP no later than 180 days after thetemporary deferral of paragraph (f)(1) ofthis section is revoked, or 180 days afterthe MON Compliance Date, whicheveroccurs first.

(E)(1) The Sistersville Plant shallretain on-site a complete copy of eachof the report documents to be submittedto EPA and WVDEP in accordance withrequirements under paragraph (f)(2) ofthis section. The Sistersville Plant shallretain this record until 180 days afterthe MON Compliance Date. TheSistersville Plant shall provide tostakeholders and interested parties awritten notice of availability (to bemailed to all persons on the Projectmailing list and to be provided to atleast one local newspaper of generalcirculation) of each such document, andprovide a copy of each document to anysuch person upon request, subject to theprovisions of 40 CFR part 2.

(2) Any reports or other informationsubmitted to EPA or WVDEP may bereleased to the public pursuant to theFederal Freedom of Information Act (42U.S.C. 552 et seq.), subject to theprovisions of 40 CFR part 2.

(F) The Sistersville Plant shall makeall supporting monitoring results andrecords required under paragraph (f)(2)of this section available to EPA andWVDEP within a reasonable amount oftime after receipt of a written requestfrom those Agencies, subject to theprovisions of 40 CFR part 2.

(G) Each report submitted by theSistersville Plant under therequirements of paragraph (f)(2) of thissection shall be certified by aResponsible Corporate Officer, asdefined in 40 CFR 270.11(a)(1).

(H) For each report submitted inaccordance with paragraph (f)(2) of this

section, the Sistersville Plant shall sendone copy each to the addresses inparagraphs (f)(2)(viii) (H)(1) through(H)(3) of this section.

(1) U.S. EPA Region 3, 1650 ArchStreet, Philadelphia, PA 19103–2029,Attention Tad Radzinski, Mail Code3WC11.

(2) U.S. EPA, 401 M Street SW,Washington, DC 20460, Attention L.Nancy Birnbaum, Mail Code 2129.

(3) West Virginia Division ofEnvironmental Protection, Office of AirQuality, 1558 Washington Street East,Charleston, WV 25311–2599, AttentionJohn H. Johnston.

(3) Effective period and revocation oftemporary deferral.

(i) The temporary deferral containedin this section is effective from April 1,1998, and shall remain effective untilthe MON Compliance Date. Thetemporary deferral contained in thissection may be revoked prior to theMON Compliance Date, as described inparagraph (f)(3)(iv) of this section.

(ii) On the MON Compliance Date, thetemporary deferral contained in thissection will no longer be effective.

(iii) The Sistersville Plant shall comeinto compliance with thoserequirements deferred by this section nolater than the MON Compliance Date.No later than 18 months prior to theMON Compliance Date, the SistersvillePlant shall submit to EPA animplementation schedule that meets therequirements of paragraph (g)(1)(iii) ofthis section.

(iv) The temporary deferral containedin this section may be revoked for cause,as determined by EPA, prior to the MONCompliance Date. The Sistersville Plantmay request EPA to revoke thetemporary deferral contained in thissection at any time. The revocation shallbe effective on the date that theSistersville Plant receives writtennotification of revocation from EPA.

(v) Nothing in this section shall affectthe provisions of the MON, asapplicable to the Sistersville Plant.

(vi) Nothing in paragraph (f) or (g) ofthis section shall affect any regulatoryrequirements not referenced inparagraph (f)(1)(iii) or (f)(1)(iv) of thissection, as applicable to the SistersvillePlant.

(4) The Sistersville Plant shallconduct the initial performance testrequired by paragraph (f)(2)(ii)(B) of thissection using the procedures inparagraph (f)(4) of this section. Theorganic concentration and percentreduction shall be measured as TOCminus methane and ethane, according tothe procedures specified in paragraph(f)(4) of this section.


(i) Method 1 or 1A of 40 CFR part 60,appendix A, as appropriate, shall beused for selection of the sampling sites.

(A) To determine compliance with the98 percent reduction of TOCrequirement of paragraph (f)(2)(ii)(A)(1)of this section, sampling sites shall belocated at the inlet of the control deviceafter the final product recovery device,and at the outlet of the control device.

(B) To determine compliance with the20 parts per million by volume TOClimit in paragraph (f)(2)(ii)(A)(1) of thissection, the sampling site shall belocated at the outlet of the controldevice.

(ii) The gas volumetric flow rate shallbe determined using Method 2, 2A, 2C,or 2D of 40 CFR part 60, appendix A,as appropriate.

(iii) To determine compliance withthe 20 parts per million by volume TOClimit in paragraph (f)(2)(ii)(A)(1) of thissection, the Sistersville Plant shall useMethod 18 of 40 CFR part 60, appendixA to measure TOC minus methane andethane. Alternatively, any other methodor data that has been validatedaccording to the applicable proceduresin Method 301 of 40 CFR part 63,appendix A, may be used. The followingprocedures shall be used to calculateparts per million by volumeconcentration, corrected to 3 percentoxygen:

(A) The minimum sampling time foreach run shall be 1 hour in which eitheran integrated sample or a minimum offour grab samples shall be taken. If grabsampling is used, then the samples shallbe taken at approximately equalintervals in time, such as 15 minuteintervals during the run.

(B) The concentration of TOC minusmethane and ethane (CTOC) shall becalculated as the sum of theconcentrations of the individualcomponents, and shall be computed foreach run using the following equation:

C

C

xTOC

jij

n

i

x

=

=

=

∑∑ 1

1

Where:CTOC=Concentration of TOC (minus

methane and ethane), dry basis,parts per million by volume.

Cji=Concentration of samplecomponents j of sample i, dry basis,parts per million by volume.

n=Number of components in thesample.

x=Number of samples in the samplerun.

(C) The concentration of TOC shall becorrected to 3 percent oxygen if acombustion device is the control device.

(1) The emission rate correction factoror excess air, integrated sampling andanalysis procedures of Method 3B of 40CFR part 60, appendix A shall be usedto determine the oxygen concentration(%O2d). The samples shall be takenduring the same time that the TOC(minus methane or ethane) samples aretaken.

(2) The concentration corrected to 3percent oxygen (Cc) shall be computedusing the following equation:

C COc m

d

=

17 9

20 9 2

.

. %

Where:Cc=Concentration of TOC corrected to 3

percent oxygen, dry basis, parts permillion by volume.

Cm=Concentration of TOC (minusmethane and ethane), dry basis,parts per million by volume.

%O2d=Concentration of oxygen, drybasis, percent by volume.

(iv) To determine compliance withthe 98 percent reduction requirement ofparagraph (f)(2)(ii)(A)(1) of this section,the Sistersville Plant shall use Method18 of 40 CFR part 60, appendix A;alternatively, any other method or datathat has been validated according to theapplicable procedures in Method 301 of40 CFR part 63, appendix A may beused. The following procedures shall beused to calculate percent reductionefficiency:

(A) The minimum sampling time foreach run shall be 1 hour in which eitheran integrated sample or a minimum offour grab samples shall be taken. If grabsampling is used, then the samples shallbe taken at approximately equalintervals in time such as 15 minuteintervals during the run.

(B) The mass rate of TOC minusmethane and ethane (Ei, Eo) shall becomputed. All organic compounds(minus methane and ethane) measuredby Method 18 of 40 CFR part 60,Appendix A are summed using thefollowing equations:

E K C M Q

E K C M Q

i ij ijj

n

i

o oj ojj

n

o

=

=

=

=

∑

∑

21

21

Where:Cij, Coj=Concentration of sample

component j of the gas stream at theinlet and outlet of the controldevice, respectively, dry basis, partsper million by volume.

Ei, Eo=Mass rate of TOC (minus methaneand ethane) at the inlet and outlet

of the control device, respectively,dry basis, kilogram per hour.

Mij, Moj=Molecular weight of samplecomponent j of the gas stream at theinlet and outlet of the controldevice, respectively, gram/gram-mole.

Qi, Qo=Flow rate of gas stream at theinlet and outlet of the controldevice, respectively, dry standardcubic meter per minute.

K2=Constant, 2.494×10¥6 (parts permillion)¥1 (gram-mole per standardcubic meter) (kilogram/gram)(minute/hour), where standardtemperature (gram-mole perstandard cubic meter) is 20 °C.

(C) The percent reduction in TOC(minus methane and ethane) shall becalculated as follows:

RE E

Ei o

i

= ( )100

Where:R=Control efficiency of control device,

percent.Ei=Mass rate of TOC (minus methane

and ethane) at the inlet to thecontrol device as calculated underparagraph (f)(4)(iv)(B) of thissection, kilograms TOC per hour.

Eo=Mass rate of TOC (minus methaneand ethane) at the outlet of thecontrol device, as calculated underparagraph (f)(4)(iv)(B) of thissection, kilograms TOC per hour.

(5) At the time of the initialperformance test of the process ventthermal incinerator required underparagraph (f)(2)(ii)(B) of this section, theSistersville Plant shall inspect eachclosed vent system according to theprocedures specified in paragraphs(f)(5)(i) through (f)(5)(vi) of this section.

(i) The initial inspections shall beconducted in accordance with Method21 of 40 CFR part 60, appendix A.

(ii) (A) Except as provided inparagraph (f)(5)(ii)(B) of this section, thedetection instrument shall meet theperformance criteria of Method 21 of 40CFR part 60, appendix A, except theinstrument response factor criteria insection 3.1.2(a) of Method 21 of 40 CFRpart 60, appendix A shall be for theaverage composition of the process fluidnot each individual volatile organiccompound in the stream. For processstreams that contain nitrogen, air, orother inerts which are not organichazardous air pollutants or volatileorganic compounds, the average streamresponse factor shall be calculated on aninert-free basis.

(B) If no instrument is available at theplant site that will meet theperformance criteria specified in


paragraph (f)(5)(ii)(A) of this section, theinstrument readings may be adjusted bymultiplying by the average responsefactor of the process fluid, calculated onan inert-free basis as described inparagraph (f)(5)(ii)(A) of this section.

(iii) The detection instrument shall becalibrated before use on each day of itsuse by the procedures specified inMethod 21 of 40 CFR part 60, appendixA.

(iv) Calibration gases shall be asfollows:

(A) Zero air (less than 10 parts permillion hydrocarbon in air); and

(B) Mixtures of methane in air at aconcentration less than 10,000 parts permillion. A calibration gas other thanmethane in air may be used if theinstrument does not respond to methaneor if the instrument does not meet theperformance criteria specified inparagraph (f)(5)(ii)(A) of this section. Insuch cases, the calibration gas may be amixture of one or more of thecompounds to be measured in air.

(v) The Sistersville Plant may elect toadjust or not adjust instrument readingsfor background. If the Sistersville Plantelects to not adjust readings forbackground, all such instrumentreadings shall be compared directly tothe applicable leak definition todetermine whether there is a leak. If theSistersville Plant elects to adjustinstrument readings for background, theSistersville Plant shall measurebackground concentration using theprocedures in 40 CFR 63.180(b) and (c).The Sistersville Plant shall subtractbackground reading from the maximumconcentration indicated by theinstrument.

(vi) The arithmetic difference betweenthe maximum concentration indicatedby the instrument and the backgroundlevel shall be compared with 500 partsper million for determining compliance.

(6) Definitions of terms as used inparagraphs (f) and (g) of this section.

(i) Closed vent system is defined as asystem that is not open to theatmosphere and that is composed ofpiping, connections and, if necessary,flow-inducing devices that transport gasor vapor from the capper unit processvent to the thermal incinerator.

(ii) No detectable emissions means aninstrument reading of less than 500parts per million by volume abovebackground as determined by Method21 in 40 CFR part 60.

(iii) Reuse includes the substitution ofcollected methanol (withoutreclamation subsequent to its collection)for virgin methanol as an ingredient(including uses as an intermediate) or asan effective substitute for a commercialproduct.

(iv) Recovery includes thesubstitution of collected methanol forvirgin methanol as an ingredient(including uses as an intermediate) or asan effective substitute for a commercialproduct following reclamation of themethanol subsequent to its collection.

(v) Thermal recovery/treatmentincludes the use of collected methanolin fuels blending or as a feed to anycombustion device to the extentpermitted by federal and state law.

(vi) Bio-treatment includes thetreatment of the collected methanolthrough introduction into a biologicaltreatment system, including thetreatment of the collected methanol as awaste stream in an on-site or off-sitewastewater treatment system.Introduction of the collected methanolto the on-site wastewater treatmentsystem will be limited to pointsdownstream of the surfaceimpoundments, and will be consistentwith the requirements of federal andstate law.

(vii) Start-up shall have the meaningset forth at 40 CFR 63.2.

(viii) Flow indicator means a devicewhich indicates whether gas flow ispresent in the vent stream, and, ifrequired by the permit for the thermalincinerator, which measures the gasflow in that stream.

(ix) Continuous Recorder means adata recording device that records aninstantaneous data value at least onceevery fifteen minutes.

(x) MON means the National EmissionStandards for Hazardous Air Pollutantsfor the source category MiscellaneousOrganic Chemical Production andProcesses (‘‘MON’’), promulgated underthe authority of Section 112 of the CleanAir Act.

(xi) MON Compliance Date means thedate 3 years after the effective date ofthe National Emission Standards forHazardous Air Pollutants for the sourcecategory Miscellaneous OrganicChemical Production and Processes(‘‘MON’’).

(7) OSi Specialties, Incorporated, asubsidiary of Witco Corporation(‘‘OSi’’), may seek to transfer its rightsand obligations under this section to afuture owner of the Sistersville Plant inaccordance with the requirements ofparagraphs (f)(7)(i) through (f)(7)(iii) ofthis section.

(i) OSi will provide to EPA a writtennotice of any proposed transfer at leastforty-five days prior to the effective dateof any such transfer. The written noticewill identify the proposed transferee.

(ii) The proposed transferee willprovide to EPA a written request toassume the rights and obligations underthis section at least forty-five days prior

to the effective date of any such transfer.The written request will describe thetransferee’s financial and technicalcapability to assume the obligationsunder this section, and will include astatement of the transferee’s intention tofully comply with the terms of thissection and to sign the Final ProjectAgreement for this XL Project as anadditional party.

(iii) Within thirty days of receipt ofboth the written notice and writtenrequest described in paragraphs (f)(7)(i)and (f)(7)(ii) of this section, EPA willdetermine, based on all relevantinformation, whether to approve atransfer of rights and obligations underthis section from OSi to a differentowner.

(8) The constituents to be identifiedby the Sistersville Plant pursuant toparagraphs (f)(2)(vi)(C)(2)(ii) and(f)(2)(viii)(C)(5)(iii) of this section are: 1Naphthalenamine; 1,2,4Trichlorobenzene; 1,1 Dichloroethylene;1,1,1 Trichloroethane; 1,1,1,2Tetrachloroethane; 1,1,2 Trichloro 1,2,2Triflouroethane; 1,1,2 Trichloroethane;1,1,2,2 Tetrachloroethane; 1,2Dichlorobenzene; 1,2 Dichloroethane;1,2 Dichloropropane; 1,2Dichloropropanone; 1,2Transdichloroethene; 1,2, Trans—Dichloroethene; 1,2,4,5Tetrachlorobenzine; 1,3Dichlorobenzene; 1,4 Dichloro 2 butene;1,4 Dioxane; 2 Chlorophenol; 2Cyclohexyl 4,6 dinitrophenol; 2 MethylPyridine; 2 Nitropropane; 2, 4-Di-nitrotoluene; Acetone; Acetonitrile;Acrylonitrile; Allyl Alcohol; Aniline;Antimony; Arsenic; Barium; Benzene;Benzotrichloride; Benzyl Chloride;Beryllium; Bis (2 ethyl Hexyl) Phthalate;Butyl Alcohol, n; Butyl BenzylPhthalate; Cadmium; Carbon Disulfide;Carbon Tetrachloride; Chlorobenzene;Chloroform; Chloromethane;Chromium; Chrysene; Copper; Creosol;Creosol, m-; Creosol, o; Creosol, p;Cyanide; Cyclohexanone; Di-n-octylphthalate; Dichlorodiflouromethane;Diethyl Phthalate; Dihydrosafrole;Dimethylamine; Ethyl Acetate; Ethylbenzene; Ethyl Ether; Ethylene GlycolEthyl Ether; Ethylene Oxide;Formaldehyde; Isobutyl Alcohol; Lead;Mercury; Methanol; Methoxychlor;Methyl Chloride; Methyl Chloroformate;Methyl Ethyl Ketone; Methyl EthylKetone Peroxide; Methyl IsobutylKetone; Methyl Methacrylate;Methylene Bromide; MethyleneChloride; Naphthalene; Nickel;Nitrobenzene; Nitroglycerine; p-Toluidine; Phenol; Phthalic Anhydride;Polychlorinated Biphenyls; PropargylAlcohol; Pyridine; Safrole; Selenium;Silver; Styrene; Tetrachloroethylene;


Tetrahydrofuran; Thallium; Toluene;Toluene 2,4 Diisocyanate;Trichloroethylene;Trichloroflouromethane; Vanadium;Vinyl Chloride; Warfarin; Xylene; Zinc.

(g) This section applies only to thefacility commonly referred to as the OSiSpecialties Plant, located on State Route2, Sistersville, West Virginia(‘‘Sistersville Plant’’).

(1)(i) No later than 18 months fromthe date the Sistersville Plant receiveswritten notification of revocation of thetemporary deferral for the SistersvillePlant under paragraph (f) of this section,the Sistersville Plant shall, inaccordance with the implementationschedule submitted to EPA underparagraph (g)(1)(ii) of this section, eithercome into compliance with allrequirements of this subpart which hadbeen deferred by paragraph (f)(1)(i) ofthis section, or complete a facility orprocess modification such that therequirements of § 264.1085 are no longerapplicable to the two hazardous wastesurface impoundments. In any event,the Sistersville Plant must complete therequirements of the previous sentenceno later than the MON ComplianceDate; if the Sistersville Plant receiveswritten notification of revocation of thetemporary deferral after the date 18months prior to the MON ComplianceDate, the date by which the SistersvillePlant must complete the requirements ofthe previous sentence will be the MONCompliance Date, which would be lessthan 18 months from the date ofnotification of revocation.

(ii) Within 30 days from the date theSistersville Plant receives writtennotification of revocation underparagraph (f)(3)(iv) of this section, theSistersville Plant shall enter andmaintain in the facility operating recordan implementation schedule. Theimplementation schedule shalldemonstrate that within 18 months fromthe date the Sistersville Plant receiveswritten notification of revocation underparagraph (f)(3)(iv) of this section (butno later than the MON ComplianceDate), the Sistersville Plant shall eithercome into compliance with theregulatory requirements that had beendeferred by paragraph (f)(1)(i) of thissection, or complete a facility or processmodification such that the requirementsof § 264.1085 are no longer applicable tothe two hazardous waste surfaceimpoundments. Within 30 days fromthe date the Sistersville Plant receiveswritten notification of revocation underparagraph (f)(3)(iv) of this section, theSistersville Plant shall submit a copy ofthe implementation schedule to the EPAand WVDEP Project XL contactsidentified in paragraph (f)(2)(viii)(H) of

this section. The implementationschedule shall reflect the SistersvillePlant’s effort to come into compliance assoon as practicable (but no later than 18months after the date the SistersvillePlant receives written notification ofrevocation, or the MON ComplianceDate, whichever is sooner) with allregulatory requirements that had beendeferred under paragraph (f)(1)(i) of thissection, or to complete a facility orprocess modification as soon aspracticable (but no later than 18 monthsafter the date the Sistersville Plantreceives written notification ofrevocation, or the MON ComplianceDate, whichever is sooner) such that therequirements of § 264.1085 are no longerapplicable to the two hazardous wastesurface impoundments.

(iii) The implementation scheduleshall include the information describedin either paragraph (g)(1)(iii)(A) or (B) ofthis section.

(A) Specific calendar dates for: Awardof contracts or issuance of purchaseorders for the control equipmentrequired by those regulatoryrequirements that had been deferred byparagraph (f)(1)(i) of this section;initiation of on-site installation of suchcontrol equipment; completion of thecontrol equipment installation;performance of any testing todemonstrate that the installed controlequipment meets the applicablestandards of this subpart; initiation ofoperation of the control equipment; andcompliance with all regulatoryrequirements that had been deferred byparagraph (f)(1)(i) of this section.

(B) Specific calendar dates for thepurchase, installation, performancetesting and initiation of operation ofequipment to accomplish a facility orprocess modification such that therequirements of § 264.1085 are no longerapplicable to the two hazardous wastesurface impoundments.

(2) Nothing in paragraphs (f) or (g) ofthis section shall affect any regulatoryrequirements not referenced inparagraph (f)(2)(i) or (ii) of this section,as applicable to the Sistersville Plant.

(3) In the event that a notification ofrevocation is issued pursuant toparagraph (f)(3)(iv) of this section, therequirements referenced in paragraphs(f)(1)(iii) and (f)(1)(iv) of this section aretemporarily deferred, with respect to thetwo hazardous waste surfaceimpoundments, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(ii),(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and(g) of this section, except as providedunder paragraph (g)(4) of this section.The temporary deferral of the previoussentence shall be effective beginning on

the date the Sistersville Plant receiveswritten notification of revocation, andsubject to paragraph (g)(5) of thissection, shall continue to be effective fora maximum period of 18 months fromthat date, provided that the SistersvillePlant is in compliance with therequirements of paragraphs (f)(2)(ii),(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and(g) of this section at all times during that18-month period.

(4) In the event that a notification ofrevocation is issued pursuant toparagraph (f)(3)(iv) of this section as aresult of the permanent removal of thecapper unit from methyl cappedpolyether production service, therequirements referenced in paragraphs(f)(1)(iii) and (f)(1)(iv) of this section aretemporarily deferred, with respect to thetwo hazardous waste surfaceimpoundments, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(vi),and (g) of this section. The temporarydeferral of the previous sentence shallbe effective beginning on the date theSistersville Plant receives writtennotification of revocation, and subject toparagraph (g)(5) of this section, shallcontinue to be effective for a maximumperiod of 18 months from that date,provided that the Sistersville Plant is incompliance with the requirements ofparagraphs (f)(2)(vi) and (g) of thissection at all times during that 18-month period.

(5) In no event shall the temporarydeferral provided under paragraph (g)(3)or (g)(4) of this section be effective afterthe MON Compliance Date.* * * * *

PART 265—INTERIM STATUSSTANDARDS FOR OWNERS ANDOPERATORS OF HAZARDOUS WASTETREATMENT, STORAGE, ANDDISPOSAL FACILITIES

3. The authority citation for part 265continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924,6925, and 6935.

Subpart CC—Air Emission Standardsfor Tanks, Surface Impoundments, andContainers

4. Section 265.1080 is amended byadding paragraphs (f) and (g) to read asfollows:

§ 265.1080 Applicability.

* * * * *(f) This section applies only to the

facility commonly referred to as the OSiSpecialties Plant, located on State Route2, Sistersville, West Virginia(‘‘Sistersville Plant’’).


(1)(i) Provided that the SistersvillePlant is in compliance with therequirements of paragraph (f)(2) of thissection, the requirements referenced inparagraph (f)(1)(iii) of this section aretemporarily deferred, as specified inparagraph (f)(3) of this section, withrespect to the two hazardous wastesurface impoundments at theSistersville Plant. Beginning on the datethat paragraph (f)(1)(ii) of this section isfirst implemented, the temporarydeferral of this paragraph shall nolonger be effective.

(ii)(A) In the event that a notice ofrevocation is issued pursuant toparagraph (f)(3)(iv) of this section, therequirements referenced in paragraph(f)(1)(iii) of this section are temporarilydeferred, with respect to the twohazardous waste surfaceimpoundments, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(ii),(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and(g) of this section, except as providedunder paragraph (f)(1)(ii)(B) of thissection. The temporary deferral of theprevious sentence shall be effectivebeginning on the date the SistersvillePlant receives written notification ofrevocation, and continuing for amaximum period of 18 months fromthat date, provided that the SistersvillePlant is in compliance with therequirements of paragraphs (f)(2)(ii),(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and(g) of this section at all times during that18-month period. In no event shall thetemporary deferral continue to beeffective after the MON ComplianceDate.

(B) In the event that a notification ofrevocation is issued pursuant toparagraph (f)(3)(iv) of this section as aresult of the permanent removal of thecapper unit from methyl cappedpolyether production service, therequirements referenced in paragraph(f)(1)(iii) of this section are temporarilydeferred, with respect to the twohazardous waste surfaceimpoundments, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(vi),and (g) of this section. The temporarydeferral of the previous sentence shallbe effective beginning on the date theSistersville Plant receives writtennotification of revocation, andcontinuing for a maximum period of 18months from that date, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(vi)and (g) of this section at all times duringthat 18-month period. In no event shallthe temporary deferral continue to beeffective after the MON ComplianceDate.

(iii) The standards in § 265.1086 ofthis part, and all requirementsreferenced in or by § 265.1086 thatotherwise would apply to the twohazardous waste surfaceimpoundments, including the closed-vent system and control devicerequirements of § 265.1088 of this part.

(2) Notwithstanding the effectiveperiod and revocation provisions inparagraph (f)(3) of this section, thetemporary deferral provided inparagraph (f)(1)(i) of this section iseffective only if the Sistersville Plantmeets the requirements of paragraph(f)(2) of this section.

(i) The Sistersville Plant shall installan air pollution control device on thepolyether methyl capper unit (‘‘capperunit’’), implement a methanol recoveryoperation, and implement a wasteminimization/pollution prevention(‘‘WMPP’’) project. The installation andimplementation of these requirementsshall be conducted according to theschedule described in paragraphs(f)(2)(i) and (f)(2)(vi) of this section.

(A) The Sistersville Plant shallcomplete the initial start-up of a thermalincinerator on the capper unit’s processvents from the first stage vacuum pump,from the flash pot and surge tank, andfrom the water stripper, no later thanApril 1, 1998.

(B) The Sistersville Plant shallprovide to the EPA and the WestVirginia Department of EnvironmentalProtection, written notification of theactual date of initial start-up of thethermal incinerator, andcommencement of the methanolrecovery operation. The SistersvillePlant shall submit this writtennotification as soon as practicable, butin no event later than 15 days after suchevents.

(ii) The Sistersville Plant shall installand operate the capper unit process ventthermal incinerator according to therequirements of paragraphs (f)(2)(ii)(A)through (f)(2)(ii)(D) of this section.

(A) Capper unit process vent thermalincinerator.

(1) Except as provided underparagraph (f)(2)(ii)(D) of this section, theSistersville Plant shall operate theprocess vent thermal incinerator suchthat the incinerator reduces the totalorganic compounds (‘‘TOC’’) from theprocess vent streams identified inparagraph (f)(2)(i)(A) of this section, by98 weight-percent, or to a concentrationof 20 parts per million by volume, on adry basis, corrected to 3 percent oxygen,whichever is less stringent.

(i) Prior to conducting the initialperformance test required underparagraph (f)(2)(ii)(B) of this section, theSistersville Plant shall operate the

thermal incinerator at or above aminimum temperature of 1600Fahrenheit.

(ii) After the initial performance testrequired under paragraph (f)(2)(ii)(B) ofthis section, the Sistersville Plant shalloperate the thermal incinerator at orabove the minimum temperatureestablished during that initialperformance test.

(iii) The Sistersville Plant shalloperate the process vent thermalincinerator at all times that the capperunit is being operated to manufactureproduct.

(2) The Sistersville Plant shall install,calibrate, and maintain all air pollutioncontrol and monitoring equipmentdescribed in paragraphs (f)(2)(i)(A) and(f)(2)(ii)(B)(3) of this section, accordingto the manufacturer’s specifications, orother written procedures that provideadequate assurance that the equipmentcan reasonably be expected to controland monitor accurately, and in amanner consistent with goodengineering practices during all periodswhen emissions are routed to the unit.

(B) The Sistersville Plant shall complywith the requirements of paragraphs(f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(3) ofthis section for performance testing andmonitoring of the capper unit processvent thermal incinerator.

(1) Within sixty (120) days afterthermal incinerator initial start-up, theSistersville Plant shall conduct aperformance test to determine theminimum temperature at whichcompliance with the emission reductionrequirement specified in paragraph (f)(4)of this section is achieved. Thisdetermination shall be made bymeasuring TOC minus methane andethane, according to the proceduresspecified in paragraph (f)(2)(ii)(B) of thissection.

(2) The Sistersville Plant shallconduct the initial performance test inaccordance with the standards set forthin paragraph (f)(4) of this section.

(3) Upon initial start-up, theSistersville Plant shall install, calibrate,maintain and operate, according tomanufacturer’s specifications and in amanner consistent with goodengineering practices, the monitoringequipment described in paragraphs(f)(2)(ii)(B)(3)(i) through(f)(2)(ii)(B)(3)(iii) of this section.

(i) A temperature monitoring deviceequipped with a continuous recorder.The temperature monitoring deviceshall be installed in the firebox or in theduct work immediately downstream ofthe firebox in a position before anysubstantial heat exchange isencountered.


(ii) A flow indicator that provides arecord of vent stream flow to theincinerator at least once every fifteenminutes. The flow indicator shall beinstalled in the vent stream from theprocess vent at a point closest to theinlet of the incinerator.

(iii) If the closed-vent system includesbypass devices that could be used todivert the gas or vapor stream to theatmosphere before entering the controldevice, each bypass device shall beequipped with either a bypass flowindicator or a seal or locking device asspecified in this paragraph. For thepurpose of complying with thisparagraph, low leg drains, high pointbleeds, analyzer vents, open-endedvalves or lines, spring-loaded pressurerelief valves, and other fittings used forsafety purposes are not considered to bebypass devices. If a bypass flowindicator is used to comply with thisparagraph, the bypass flow indicatorshall be installed at the inlet to thebypass line used to divert gases andvapors from the closed-vent system tothe atmosphere at a point upstream ofthe control device inlet. If a seal orlocking device (e.g. car-seal or lock-and-key configuration) is used to complywith this paragraph, the device shall beplaced on the mechanism by which thebypass device position is controlled(e.g., valve handle, damper levels) whenthe bypass device is in the closedposition such that the bypass devicecannot be opened without breaking theseal or removing the lock. TheSistersville Plant shall visually inspectthe seal or locking device at least onceevery month to verify that the bypassmechanism is maintained in the closedposition.

(C) The Sistersville Plant shall keepon-site an up-to-date, readily accessiblerecord of the information described inparagraphs (f)(2)(ii)(C)(1) through(f)(2)(ii)(C)(4) of this section.

(1) Data measured during the initialperformance test regarding the fireboxtemperature of the incinerator and thepercent reduction of TOC achieved bythe incinerator, and/or such otherinformation required in addition to or inlieu of that information by the WVDEPin its approval of equivalent testmethods and procedures.

(2) Continuous records of theequipment operating proceduresspecified to be monitored underparagraph (f)(2)(ii)(B)(3) of this section,as well as records of periods ofoperation during which the fireboxtemperature falls below the minimumtemperature established underparagraph (f)(2)(ii)(A)(1) of this section.

(3) Records of all periods duringwhich the vent stream has no flow rate

to the extent that the capper unit isbeing operated during such period.

(4) Records of all periods duringwhich there is flow through a bypassdevice.

(D) The Sistersville Plant shallcomply with the start-up, shutdown,maintenance and malfunctionrequirements contained in paragraphs(f)(2)(ii)(D)(1) through (f)(2)(ii)(D)(6) ofthis section, with respect to the capperunit process vent incinerator.

(1) The Sistersville Plant shalldevelop and implement a Start-up,Shutdown and Malfunction Plan asrequired by the provisions set forth inparagraph (f)(2)(ii)(D) of this section.The plan shall describe, in detail,procedures for operating andmaintaining the thermal incineratorduring periods of start-up, shutdownand malfunction, and a program ofcorrective action for malfunctions of thethermal incinerator.

(2) The plan shall include a detaileddescription of the actions theSistersville Plant will take to performthe functions described in paragraphs(f)(2)(ii)(D)(2)(i) through(f)(2)(ii)(D)(2)(iii) of this section.

(i) Ensure that the thermal incineratoris operated in a manner consistent withgood air pollution control practices.

(ii) Ensure that the Sistersville Plant isprepared to correct malfunctions assoon as practicable after theiroccurrence in order to minimize excessemissions.

(iii) Reduce the reportingrequirements associated with periods ofstart-up, shutdown and malfunction.

(3) During periods of start-up,shutdown and malfunction, theSistersville Plant shall maintain theprocess unit and the associated thermalincinerator in accordance with theprocedures set forth in the plan.

(4) The plan shall contain recordkeeping requirements relating to periodsof start-up, shutdown or malfunction,actions taken during such periods inconformance with the plan, and anyfailures to act in conformance with theplan during such periods.

(5) During periods of maintenance ormalfunction of the thermal incinerator,the Sistersville Plant may continue tooperate the capper unit, provided thatoperation of the capper unit without thethermal incinerator shall be limited tono more than 240 hours each calendaryear.

(6) For the purposes of paragraph(f)(2)(iii)(D) of this section, theSistersville Plant may use its operatingprocedures manual, or a plan developedfor other reasons, provided that planmeets the requirements of paragraph

(f)(2)(iii)(D) of this section for the start-up, shutdown and malfunction plan.

(iii) The Sistersville Plant shalloperate the closed-vent system inaccordance with the requirements ofparagraphs (f)(2)(iii)(A) through(f)(2)(iii)(D) of this section.

(A) Closed-vent system.(1) At all times when the process vent

thermal incinerator is operating, theSistersville Plant shall route the ventstreams identified in paragraph (f)(2)(i)of this section from the capper unit tothe thermal incinerator through aclosed-vent system.

(2) The closed-vent system will bedesigned for and operated with nodetectable emissions, as defined inparagraph (f)(6) of this section.

(B) The Sistersville Plant will complywith the performance standards set forthin paragraph (f)(2)(iii)(A)(1) of thissection on and after the date on whichthe initial performance test referencedin paragraph (f)(2)(ii)(B) of this sectionis completed, but no later than sixty (60)days after the initial start-up date.

(C) The Sistersville Plant shall complywith the monitoring requirements ofparagraphs (f)(2)(iii)(C)(1) through(f)(2)(iii)(C)(3) of this section, withrespect to the closed-vent system.

(1) At the time of the performance testdescribed in paragraph (f)(2)(ii)(B) ofthis section, the Sistersville Plant shallinspect the closed-vent system asspecified in paragraph (f)(5) of thissection.

(2) At the time of the performance testdescribed in paragraph (f)(2)(ii)(B) ofthis section, and annually thereafter, theSistersville Plant shall inspect theclosed-vent system for visible, audible,or olfactory indications of leaks.

(3) If at any time a defect or leak isdetected in the closed-vent system, theSistersville Plant shall repair the defector leak in accordance with therequirements of paragraphs(f)(2)(iii)(C)(3)(i) and (f)(2)(iii)(C)(3)(ii) ofthis section.

(i) The Sistersville Plant shall makefirst efforts at repair of the defect nolater than five (5) calendar days afterdetection, and repair shall be completedas soon as possible but no later thanforty-five (45) calendar days afterdetection.

(ii) The Sistersville Plant shallmaintain a record of the defect repair inaccordance with the requirementsspecified in paragraph (f)(2)(iii)(D) ofthis section.

(D) The Sistersville Plant shall keepon-site up-to-date, readily accessiblerecords of the inspections and repairsrequired to be performed by paragraph(f)(2)(iii) of this section.


(iv) The Sistersville Plant shalloperate the methanol recovery operationin accordance with paragraphs(f)(2)(iv)(A) through (f)(2)(iv)(C) of thissection.

(A) The Sistersville Plant shalloperate the condenser associated withthe methanol recovery operation at alltimes during which the capper unit isbeing operated to manufacture product.

(B) The Sistersville Plant shall complywith the monitoring requirementsdescribed in paragraphs (f)(2)(B)(1)through (f)(2)(B)(3) of this section, withrespect to the methanol recoveryoperation.

(1) The Sistersville Plant shallperform measurements necessary todetermine the information described inparagraphs (f)(2)(iv)(B)(1)(i) and(f)(2)(iv)(B)(1)(ii) of this section todemonstrate the percentage recovery byweight of the methanol contained in theinfluent gas stream to the condenser.

(i) Information as is necessary tocalculate the annual amount ofmethanol generated by operating thecapper unit.

(ii) The annual amount of methanolrecovered by the condenser associatedwith the methanol recovery operation.

(2) The Sistersville Plant shall install,calibrate, maintain and operateaccording to manufacturerspecifications, a temperature monitoringdevice with a continuous recorder forthe condenser associated with themethanol recovery operation, as anindicator that the condenser isoperating.

(3) The Sistersville Plant shall recordthe dates and times during which thecapper unit and the condenser areoperating.

(C) The Sistersville Plant shall keepon-site up-to-date, readily-accessiblerecords of the parameters specified to bemonitored under paragraph (f)(2)(iv)(B)of this section.

(v) The Sistersville Plant shall complywith the requirements of paragraphs(f)(2)(v)(A) through (f)(2)(v)(C) of thissection for the disposition of methanolcollected by the methanol recoveryoperation.

(A) On an annual basis, theSistersville Plant shall ensure that aminimum of 95% by weight of themethanol collected by the methanolrecovery operation (also referred to asthe ‘‘collected methanol’’) is utilized forreuse, recovery, or thermal recovery/treatment. The Sistersville Plant mayuse the methanol on-site, or maytransfer or sell the methanol for reuse,recovery, or thermal recovery/treatmentat other facilities.

(1) Reuse. To the extent reuse of all ofthe collected methanol destined for

reuse, recovery, or thermal recovery isnot economically feasible, theSistersville Plant shall ensure theresidual portion is sent for recovery, asdefined in paragraph (f)(6) of thissection, except as provided in paragraph(f)(2)(v)(A)(2) of this section.

(2) Recovery. To the extent that reuseor recovery of all the collected methanoldestined for reuse, recovery, or thermalrecovery is not economically feasible,the Sistersville Plant shall ensure thatthe residual portion is sent for thermalrecovery/treatment, as defined inparagraph (f)(6) of this section.

(3) The Sistersville Plant shall ensurethat, on an annual basis, no more than5% of the methanol collected by themethanol recovery operation is subjectto bio-treatment.

(4) In the event the Sistersville Plantreceives written notification ofrevocation pursuant to paragraph(f)(3)(iv) of this section, the percentlimitations set forth under paragraph(f)(2)(v)(A) of this section shall nolonger be applicable, beginning on thedate of receipt of written notification ofrevocation.

(B) The Sistersville Plant shallperform such measurements as arenecessary to determine the pounds ofcollected methanol directed to reuse,recovery, thermal recovery/treatmentand bio-treatment, respectively, on amonthly basis.

(C) The Sistersville Plant shall keepon-site up-to-date, readily accessiblerecords of the amounts of collectedmethanol directed to reuse, recovery,thermal recovery/treatment and bio-treatment necessary for themeasurements required under paragraph(f)(2)(iv)(B) of this section.

(vi) The Sistersville Plant shallperform a WMPP project in accordancewith the requirements and schedules setforth in paragraphs (f)(2)(vi)(A) through(f)(2)(vi)(C) of this section.

(A) In performing the WMPP Project,the Sistersville Plant shall use a StudyTeam and an Advisory Committee asdescribed in paragraphs (f)(2)(vi)(A)(1)through (f)(2)(vi)(A)(6) of this section.

(1) At a minimum, the multi-functional Study Team shall consist ofSistersville Plant personnel fromappropriate plant departments(including both management andemployees) and an independentcontractor. The Sistersville Plant shallselect a contractor that has experienceand training in WMPP in the chemicalmanufacturing industry.

(2) The Sistersville Plant shall directthe Study Team such that the teamperforms the functions described inparagraphs (f)(2)(vi)(A)(2)(i) through(f)(2)(vi)(A)(2)(v) of this section.

(i) Review Sistersville Plantoperations and waste streams.

(ii) Review prior WMPP efforts at theSistersville Plant.

(iii) Develop criteria for the selectionof waste streams to be evaluated for theWMPP Project.

(iv) Identify and prioritize the wastestreams to be evaluated during the studyphase of the WMPP Project, based onthe criteria described in paragraph(f)(2)(vi)(A)(2)(iii) of this section.

(v) Perform the WMPP Study asrequired by paragraphs (f)(2)(vi)(A)(3)through (f)(2)(vi)(A)(5), paragraph(f)(2)(vi)(B), and paragraph (f)(2)(vi)(C)of this section.

(3)(i) The Sistersville Plant shallestablish an Advisory Committeeconsisting of a representative from EPA,a representative from WVDEP, theSistersville Plant Manager, theSistersville Plant Director of Safety,Health and Environmental Affairs, anda stakeholder representative(s).

(ii) The Sistersville Plant shall selectthe stakeholder representative(s) bymutual agreement of EPA, WVDEP andthe Sistersville Plant no later than 20days after receiving from EPA andWVDEP the names of their respectivecommittee members.

(4) The Sistersville Plant shallconvene a meeting of the AdvisoryCommittee no later than thirty days afterselection of the stakeholderrepresentatives, and shall convenemeetings periodically thereafter asnecessary for the Advisory Committee toperform its assigned functions. TheSistersville Plant shall direct theAdvisory Committee to perform thefunctions described in paragraphs(f)(2)(vi)(A)(4)(i) through(f)(2)(vi)(A)(4)(iii) of this section.

(i) Review and comment upon theStudy Team’s criteria for selection ofwaste streams, and the Study Team’sidentification and prioritization of thewaste streams to be evaluated during theWMPP Project.

(ii) Review and comment upon theStudy Team progress reports and thedraft WMPP Study Report.

(iii) Periodically review theeffectiveness of WMPP opportunitiesimplemented as part of the WMPPProject, and, where appropriate, WMPPopportunities previously determined tobe infeasible by the Sistersville Plantbut which had potential for feasibility inthe future.

(5) Beginning on January 15, 1998,and every ninety (90) days thereafteruntil submission of the final WMPPStudy Report required by paragraph(f)(2)(vi)(C) of this section, theSistersville Plant shall direct the StudyTeam to submit a progress report to the


Advisory Committee detailing its effortsduring the prior ninety (90) day period.

(B) The Sistersville Plant shall ensurethat the WMPP Study and the WMPPStudy Report meet the requirements ofparagraphs (f)(2)(vi)(B)(1) through(f)(2)(vi)(B)(3) of this section.

(1) The WMPP Study shall consist ofa technical, economic, and regulatoryassessment of opportunities for sourcereduction and for environmentallysound recycling for waste streamsidentified by the Study Team.

(2) The WMPP Study shall evaluatethe source, nature, and volume of thewaste streams; describe all the WMPPopportunities identified by the StudyTeam; provide a feasibility screening toevaluate the technical and economicalfeasibility of each of the WMPPopportunities; identify any cross-mediaimpacts or any anticipated transfers ofrisk associated with each feasibleWMPP opportunity; and identify theprojected economic savings andprojected quantitative waste reductionestimates for each WMPP opportunityidentified.

(3) No later than October 19, 1998, theSistersville Plant shall prepare andsubmit to the members of the AdvisoryCommittee a draft WMPP Study Reportwhich, at a minimum, includes theresults of the WMPP Study, identifiesWMPP opportunities the SistersvillePlant determines to be feasible,discusses the basis for excluding otheropportunities as not feasible, and makesrecommendations as to whether theWMPP Study should be continued. Themembers of the Advisory Committeeshall provide any comments to theSistersville Plant within thirty (30) daysof receiving the WMPP Study Report.

(C) Within thirty (30) days afterreceipt of comments from the membersof the Advisory Committee, theSistersville Plant shall submit to EPAand WVDEP a final WMPP Study Reportwhich identifies those WMPPopportunities the Sistersville Plantdetermines to be feasible and includesan implementation schedule for eachsuch WMPP opportunity. TheSistersville Plant shall make reasonableefforts to implement all feasible WMPPopportunities in accordance with thepriorities identified in theimplementation schedule.

(1) For purposes of this section, aWMPP opportunity is feasible if theSistersville Plant considers it to betechnically feasible (taking into accountengineering and regulatory factors,product line specifications andcustomer needs) and economicallypractical (taking into account the fullenvironmental costs and benefitsassociated with the WMPP opportunity

and the company’s internalrequirements for approval of capitalprojects). For purposes of the WMPPProject, the Sistersville Plant shall use‘‘An Introduction to EnvironmentalAccounting as a Business ManagementTool,’’ (EPA 742/R–95/001) as one toolto identify the full environmental costsand benefits of each WMPP opportunity.

(2) In implementing each WMPPopportunity, the Sistersville Plant shall,after consulting with the other membersof the Advisory Committee, developappropriate protocols and methods fordetermining the information required byparagraphs (f)(2)(vi)(2)(i) through(f)(2)(vi)(2)(iii) of this section.

(i) The overall volume of wastesreduced.

(ii) The quantities of each constituentidentified in paragraph (f)(8) of thissection reduced in the wastes.

(iii) The economic benefits achieved.(3) No requirements of paragraph

(f)(2)(vi) of this section are intended toprevent or restrict the Sistersville Plantfrom evaluating and implementing anyWMPP opportunities at the SistersvillePlant in the normal course of itsoperations or from implementing, priorto the completion of the WMPP Study,any WMPP opportunities identified bythe Study Team.

(vii) The Sistersville Plant shallmaintain on-site each record required byparagraph (f)(2) of this section, throughthe MON Compliance Date.

(viii) The Sistersville Plant shallcomply with the reporting requirementsof paragraphs (f)(2)(viii)(A) through(f)(2)(viii)(G) of this section.

(A) At least sixty days prior toconducting the initial performance testof the thermal incinerator, theSistersville Plant shall submit to EPAand WVDEP copies of a notification ofperformance test, as described in 40CFR 63.7(b). Following the initialperformance test of the thermalincinerator, the Sistersville Plant shallsubmit to EPA and WVDEP copies of theperformance test results that include theinformation relevant to initialperformance tests of thermalincinerators contained in 40 CFR63.7(g)(1), 40 CFR 63.117(a)(4)(i), and 40CFR 63.117(a)(4)(ii).

(B) Beginning in 1999, on January 31of each year, the Sistersville Plant shallsubmit a semiannual written report tothe EPA and WVDEP, with respect tothe preceding six month period endingon December 31, which contains theinformation described in paragraphs(f)(2)(viii)(B)(1) through(f)(2)(viii)(B)(10) of this section.

(1) Instances of operating below theminimum operating temperatureestablished for the thermal incinerator

under paragraph (f)(2)(ii)(A)(1) of thissection which were not corrected within24 hours of onset.

(2) Any periods during which thecapper unit was being operated tomanufacture product while the flowindicator for the vent streams to thethermal incinerator showed no flow.

(3) Any periods during which thecapper unit was being operated tomanufacture product while the flowindicator for any bypass device on theclosed vent system to the thermalincinerator showed flow.

(4) Information required to bereported during that six month periodunder the preconstruction permit issuedunder the state permitting programapproved under subpart XX of 40 CFRPart 52—Approval and Promulgation ofImplementation Plans for West Virginia.

(5) Any periods during which thecapper unit was being operated tomanufacture product while thecondenser associated with the methanolrecovery operation was not in operation.

(6) The amount (in pounds and bymonth) of methanol collected by themethanol recovery operation during thesix month period.

(7) The amount (in pounds and bymonth) of collected methanol utilizedfor reuse, recovery, thermal recovery/treatment, or bio-treatment,respectively, during the six monthperiod.

(8) The calculated amount (in poundsand by month) of methanol generated byoperating the capper unit.

(9) The status of the WMPP Project,including the status of developing theWMPP Study Report.

(10) Beginning in the year after theSistersville Plant submits the finalWMPP Study Report required byparagraph (f)(2)(vi)(C) of this section,and continuing in each subsequentSemiannual Report required byparagraph (f)(2)(viii)(B) of this section,the Sistersville Plant shall report on theprogress of the implementation offeasible WMPP opportunities identifiedin the WMPP Study Report. TheSemiannual Report required byparagraph (f)(2)(viii)(B) of this sectionshall identify any cross-media impactsor impacts to worker safety orcommunity health issues that haveoccurred as a result of implementationof the feasible WMPP opportunities.

(C) Beginning in 1999, on July 31 ofeach year, the Sistersville Plant shallprovide an Annual Project Report to theEPA and WVDEP Project XL contactscontaining the information required byparagraphs (f)(2)(viii)(C)(1) through(f)(2)(viii)(C)(8) of this section.

(1) The categories of informationrequired to be submitted under


paragraphs (f)(2)(viii)(B)(1) through(f)(2)(viii)(B)(8) of this section, for thepreceding 12 month period ending onJune 30.

(2) An updated Emissions Analysisfor January through December of thepreceding calendar year. TheSistersville Plant shall submit theupdated Emissions Analysis in a formsubstantially equivalent to the previousEmissions Analysis prepared by theSistersville Plant to support Project XL.The Emissions Analysis shall include acomparison of the volatile organicemissions associated with the capperunit process vents and the wastewatertreatment system (using the EPA Water8 model or other model agreed to by theSistersville Plant, EPA and WVDEP)under Project XL with the expectedemissions from those sources absentProject XL during that period.

(3) A discussion of the SistersvillePlant’s performance in meeting therequirements of this section, specificallyidentifying any areas in which theSistersville Plant either exceeded orfailed to achieve any such standard.

(4) A description of any unanticipatedproblems in implementing the XLProject and any steps taken to resolvethem.

(5) A WMPP Implementation Reportthat contains the information containedin paragraphs paragraphs(f)(2)(viii)(C)(5)(i) through (viii)(C)(5)(vi)of this section.

(i) A summary of the WMPPopportunities selected forimplementation.

(ii) A description of the WMPPopportunities initiated and/orcompleted.

(iii) Reductions in volume of wastegenerated and amounts of eachconstituent reduced in wastes includingany constituents identified in paragraph(f)(8) of this section.

(iv) An economic benefits analysis.(v) A summary of the results of the

Advisory Committee’s review ofimplemented WMPP opportunities.

(vi) A reevaluation of WMPPopportunities previously determined tobe infeasible by the Sistersville Plantbut which had potential for futurefeasibility.

(6) An assessment of the nature of,and the successes or problemsassociated with, the Sistersville Plant’sinteraction with the federal and stateagencies under the Project.

(7) An update on stakeholderinvolvement efforts.

(8) An evaluation of the Project asimplemented against the Project XLCriteria and the baseline scenario.

(D) The Sistersville Plant shall submitto the EPA and WVDEP Project XL

contacts a written Final Project Reportcovering the period during which thetemporary deferral was effective, asdescribed in paragraph (f)(3) of thissection.

(1) The Final Project Report shallcontain the information required to besubmitted for the Semiannual Reportrequired under paragraph (f)(2)(viii)(B)of this section, and the Annual ProjectReport required under paragraph(f)(2)(viii)(C) of this section.

(2) The Sistersville Plant shall submitthe Final Project Report to EPA andWVDEP no later than 180 days after thetemporary deferral of paragraph (f)(1) ofthis section is revoked, or 180 days afterthe MON Compliance Date, whicheveroccurs first.

(E)(1) The Sistersville Plant shallretain on-site a complete copy of eachof the report documents to be submittedto EPA and WVDEP in accordance withrequirements under paragraph (f)(2) ofthis section. The Sistersville Plant shallretain this record until 180 days afterthe MON Compliance Date. TheSistersville Plant shall provide tostakeholders and interested parties awritten notice of availability (to bemailed to all persons on the Projectmailing list and to be provided to atleast one local newspaper of generalcirculation) of each such document, andprovide a copy of each document to anysuch person upon request, subject to theprovisions of 40 CFR part 2.

(2) Any reports or other informationsubmitted to EPA or WVDEP may bereleased to the public pursuant to theFederal Freedom of Information Act (42U.S.C. 552 et seq.), subject to theprovisions of 40 CFR part 2.

(F) The Sistersville Plant shall makeall supporting monitoring results andrecords required under paragraph (f)(2)of this section available to EPA andWVDEP within a reasonable amount oftime after receipt of a written requestfrom those Agencies, subject to theprovisions of 40 CFR Part 2.

(G) Each report submitted by theSistersville Plant under therequirements of paragraph (f)(2) of thissection shall be certified by aResponsible Corporate Officer, asdefined in 40 CFR 270.11(a)(1).

(H) For each report submitted inaccordance with paragraph (f)(2) of thissection, the Sistersville Plant shall sendone copy each to the addresses inparagraphs (f)(2)(viii) (H)(1) through(H)(3) of this section.

(1) U.S. EPA Region 3, 1650 ArchStreet, Philadelphia, PA 19103–2029,Attention Tad Radzinski, Mail Code3WC11.

(2) U.S. EPA, 401 M Street SW,Washington, DC 20460, Attention L.Nancy Birnbaum, Mail Code 2129.

(3) West Virginia Division ofEnvironmental Protection, Office of AirQuality, 1558 Washington Street East,Charleston, WV 25311–2599, AttentionJohn H. Johnston.

(3) Effective period and revocation oftemporary deferral.

(i) The temporary deferral containedin this section is effective from April 1,1998, and shall remain effective untilthe MON Compliance Date. Thetemporary deferral contained in thissection may be revoked prior to theMON Compliance Date, as described inparagraph (f)(3)(iv) of this section.

(ii) On the MON Compliance Date, thetemporary deferral contained in thissection will no longer be effective.

(iii) The Sistersville Plant shall comeinto compliance with thoserequirements deferred by this section nolater than the MON Compliance Date.No later than 18 months prior to theMON Compliance Date, the SistersvillePlant shall submit to EPA animplementation schedule that meets therequirements of paragraph (g)(1)(iii) ofthis section.

(iv) The temporary deferral containedin this section may be revoked for cause,as determined by EPA, prior to the MONCompliance Date. The Sistersville Plantmay request EPA to revoke thetemporary deferral contained in thissection at any time. The revocation shallbe effective on the date that theSistersville Plant receives writtennotification of revocation from EPA.

(v) Nothing in this section shall affectthe provisions of the MON, asapplicable to the Sistersville Plant.

(vi) Nothing in paragrahs (f) or (g) ofthis section shall affect any regulatoryrequirements not referenced inparagraph (f)(1)(iii) of this section, asapplicable to the Sistersville Plant.

(4) The Sistersville Plant shallconduct the initial performance testrequired by paragraph (f)(2)(ii)(B) of thissection using the procedures inparagraph (f)(4) of this section. Theorganic concentration and percentreduction shall be measured as TOCminus methane and ethane, according tothe procedures specified in paragraph(f)(4) of this section.

(i) Method 1 or 1A of 40 CFR part 60,appendix A, as appropriate, shall beused for selection of the sampling sites.

(A) To determine compliance with the98 percent reduction of TOCrequirement of paragraph (f)(2)(ii)(A)(1)of this section, sampling sites shall belocated at the inlet of the control deviceafter the final product recovery device,and at the outlet of the control device.


(B) To determine compliance with the20 parts per million by volume TOClimit in paragraph (f)(2)(ii)(A)(1) of thissection, the sampling site shall belocated at the outlet of the controldevice.

(ii) The gas volumetric flow rate shallbe determined using Method 2, 2A, 2C,or 2D of 40 CFR part 60, appendix A,as appropriate.

(iii) To determine compliance withthe 20 parts per million by volume TOClimit in paragraph (f)(2)(ii)(A)(1) of thissection, the Sistersville Plant shall useMethod 18 of 40 CFR part 60, appendixA to measure TOC minus methane andethane. Alternatively, any other methodor data that has been validatedaccording to the applicable proceduresin Method 301 of 40 CFR part 63,appendix A, may be used. The followingprocedures shall be used to calculateparts per million by volumeconcentration, corrected to 3 percentoxygen:

(A) The minimum sampling time foreach run shall be 1 hour in which eitheran integrated sample or a minimum offour grab samples shall be taken. If grabsampling is used, then the samples shallbe taken at approximately equalintervals in time, such as 15 minuteintervals during the run.

(B) The concentration of TOC minusmethane and ethane (CTOC) shall becalculated as the sum of theconcentrations of the individualcomponents, and shall be computed foreach run using the following equation:

C

C

xTOC

jij

n

i

x

=

=

=

∑∑ 1

1

Where:CTOC=Concentration of TOC (minus

methane and ethane), dry basis,parts per million by volume.

Cji=Concentration of samplecomponents j of sample i, dry basis,parts per million by volume.

n=Number of components in thesample.

x=Number of samples in the samplerun.

(C) The concentration of TOC shall becorrected to 3 percent oxygen if acombustion device is the control device.

(1) The emission rate correction factoror excess air, integrated sampling andanalysis procedures of Method 3B of 40CFR part 60, appendix A shall be usedto determine the oxygen concentration(%O2d). The samples shall be takenduring the same time that the TOC(minus methane or ethane) samples aretaken.

(2) The concentration corrected to 3percent oxygen (Cc) shall be computedusing the following equation:

C COc m

d

=

17 9

20 9 2

.

. %

Where:Cc=Concentration of TOC corrected to 3

percent oxygen, dry basis, parts permillion by volume.

Cm=Concentration of TOC (minusmethane and ethane), dry basis,parts per million by volume.

%O2d=Concentration of oxygen, drybasis, percent by volume.

(iv) To determine compliance withthe 98 percent reduction requirement ofparagraph (f)(2)(ii)(A)(1) of this section,the Sistersville Plant shall use Method18 of 40 CFR part 60, appendix A;alternatively, any other method or datathat has been validated according to theapplicable procedures in Method 301 of40 CFR part 63, appendix A may beused. The following procedures shall beused to calculate percent reductionefficiency:

(A) The minimum sampling time foreach run shall be 1 hour in which eitheran integrated sample or a minimum offour grab samples shall be taken. If grabsampling is used, then the samples shallbe taken at approximately equalintervals in time such as 15 minuteintervals during the run.

(B) The mass rate of TOC minusmethane and ethane (Ei, Eo) shall becomputed. All organic compounds(minus methane and ethane) measuredby Method 18 of 40 CFR part 60,Appendix A are summed using thefollowing equations:

E K C M Q

E K C M Q

i ij ijj

n

i

o oj ojj

n

o

=

=

=

=

∑

∑

21

21

Where:Cij, Coj=Concentration of sample

component j of the gas stream at theinlet and outlet of the controldevice, respectively, dry basis, partsper million by volume.

Ei, Eo=Mass rate of TOC (minus methaneand ethane) at the inlet and outletof the control device, respectively,dry basis, kilogram per hour.

Mij, Moj=Molecular weight of samplecomponent j of the gas stream at theinlet and outlet of the controldevice, respectively, gram/gram-mole.

Qi, Qo=Flow rate of gas stream at theinlet and outlet of the control

device, respectively, dry standardcubic meter per minute.

K2=Constant, 2.494 × 10¥6 (parts permillion)¥1 (gram-mole per standardcubic meter) (kilogram/gram)(minute/hour), where standardtemperature (gram-mole perstandard cubic meter) is 20 °C.

(C) The percent reduction in TOC(minus methane and ethane) shall becalculated as follows:

RE E

Ei o

i

= ( )100

where:R=Control efficiency of control device,

percent.Ei=Mass rate of TOC (minus methane

and ethane) at the inlet to thecontrol device as calculated underparagraph (f)(4)(iv)(B) of thissection, kilograms TOC per hour.

Eo=Mass rate of TOC (minus methaneand ethane) at the outlet of thecontrol device, as calculated underparagraph (f)(4)(iv)(B) of thissection, kilograms TOC per hour.

(5) At the time of the initialperformance test of the process ventthermal incinerator required underparagraph (f)(2)(ii)(B) of this section, theSistersville Plant shall inspect eachclosed vent system according to theprocedures specified in paragraphs(f)(5)(i) through (f)(5)(vi) of this section.

(i) The initial inspections shall beconducted in accordance with Method21 of 40 CFR part 60, appendix A.

(ii)(A) Except as provided inparagraph (f)(5)(ii)(B) of this section, thedetection instrument shall meet theperformance criteria of Method 21 of 40CFR part 60, appendix A, except theinstrument response factor criteria insection 3.1.2(a) of Method 21 of 40 CFRpart 60, appendix A shall be for theaverage composition of the process fluidnot each individual volatile organiccompound in the stream. For processstreams that contain nitrogen, air, orother inerts which are not organichazardous air pollutants or volatileorganic compounds, the average streamresponse factor shall be calculated on aninert-free basis.

(B) If no instrument is available at theplant site that will meet theperformance criteria specified inparagraph (f)(5)(ii)(A) of this section, theinstrument readings may be adjusted bymultiplying by the average responsefactor of the process fluid, calculated onan inert-free basis as described inparagraph (f)(5)(ii)(A) of this section.

(iii) The detection instrument shall becalibrated before use on each day of itsuse by the procedures specified in


Method 21 of 40 CFR part 60, appendixA.

(iv) Calibration gases shall be asfollows:

(A) Zero air (less than 10 parts permillion hydrocarbon in air); and

(B) Mixtures of methane in air at aconcentration less than 10,000 parts permillion. A calibration gas other thanmethane in air may be used if theinstrument does not respond to methaneor if the instrument does not meet theperformance criteria specified inparagraph (f)(5)(ii)(A) of this section. Insuch cases, the calibration gas may be amixture of one or more of thecompounds to be measured in air.

(v) The Sistersville Plant may elect toadjust or not adjust instrument readingsfor background. If the Sistersville Plantelects to not adjust readings forbackground, all such instrumentreadings shall be compared directly tothe applicable leak definition todetermine whether there is a leak. If theSistersville Plant elects to adjustinstrument readings for background, theSistersville Plant shall measurebackground concentration using theprocedures in 40 CFR 63.180(b) and (c).The Sistersville Plant shall subtractbackground reading from the maximumconcentration indicated by theinstrument.

(vi) The arithmetic difference betweenthe maximum concentration indicatedby the instrument and the backgroundlevel shall be compared with 500 partsper million for determining compliance.

(6) Definitions of terms as used inparagraphs (f) and (g) of this section.

(i) Closed vent system is defined as asystem that is not open to theatmosphere and that is composed ofpiping, connections and, if necessary,flow-inducing devices that transport gasor vapor from the capper unit processvent to the thermal incinerator.

(ii) No detectable emissions means aninstrument reading of less than 500parts per million by volume abovebackground as determined by Method21 in 40 CFR part 60.

(iii) Reuse includes the substitution ofcollected methanol (withoutreclamation subsequent to its collection)for virgin methanol as an ingredient(including uses as an intermediate) or asan effective substitute for a commercialproduct.

(iv) Recovery includes thesubstitution of collected methanol forvirgin methanol as an ingredient(including uses as an intermediate) or asan effective substitute for a commercialproduct following reclamation of themethanol subsequent to its collection.

(v) Thermal recovery/treatmentincludes the use of collected methanol

in fuels blending or as a feed to anycombustion device to the extentpermitted by federal and state law.

(vi) Bio-treatment includes thetreatment of the collected methanolthrough introduction into a biologicaltreatment system, including thetreatment of the collected methanol as awaste stream in an on-site or off-sitewastewater treatment system.Introduction of the collected methanolto the on-site wastewater treatmentsystem will be limited to pointsdownstream of the surfaceimpoundments, and will be consistentwith the requirements of federal andstate law.

(vii) Start-up shall have the meaningset forth at 40 CFR 63.2.

(viii) Flow indicator means a devicewhich indicates whether gas flow ispresent in the vent stream, and, ifrequired by the permit for the thermalincinerator, which measures the gasflow in that stream.

(ix) Continuous Recorder means adata recording device that records aninstantaneous data value at least onceevery fifteen minutes.

(x) MON means the National EmissionStandards for Hazardous Air Pollutantsfor the source category MiscellaneousOrganic Chemical Production andProcesses (‘‘MON’’), promulgated underthe authority of Section 112 of the CleanAir Act.

(xi) MON Compliance Date means thedate 3 years after the effective date ofthe National Emission Standards forHazardous Air Pollutants for the sourcecategory Miscellaneous OrganicChemical Production and Processes(‘‘MON’’).

(7) OSi Specialties, Incorporated, asubsidiary of Witco Corporation(‘‘OSi’’), may seek to transfer its rightsand obligations under this section to afuture owner of the Sistersville Plant inaccordance with the requirements ofparagraphs (f)(7)(i) through (f)(7)(iii) ofthis section.

(i) OSi will provide to EPA a writtennotice of any proposed transfer at leastforty-five days prior to the effective dateof any such transfer. The written noticewill identify the proposed transferee.

(ii) The proposed transferee willprovide to EPA a written request toassume the rights and obligations underthis section at least forty-five days priorto the effective date of any such transfer.The written request will describe thetransferee’s financial and technicalcapability to assume the obligationsunder this section, and will include astatement of the transferee’s intention tofully comply with the terms of thissection and to sign the Final Project

Agreement for this XL Project as anadditional party.

(iii) Within thirty days of receipt ofboth the written notice and writtenrequest described in paragraphs (f)(7)(i)and (f)(7)(ii) of this section, EPA willdetermine, based on all relevantinformation, whether to approve atransfer of rights and obligations underthis section from OSi to a differentowner.

(8) The constituents to be identifiedby the Sistersville Plant pursuant toparagraphs (f)(2)(vi)(C)(2)(ii) and(f)(2)(viii)(C)(5)(iii) of this section are: 1Naphthalenamine; 1, 2, 4Trichlorobenzene; 1,1 Dichloroethylene;1,1,1 Trichloroethane; 1,1,1,2Tetrachloroethane; 1,1,2 Trichloro 1,2,2Triflouroethane; 1,1,2 Trichloroethane;1,1,2,2 Tetrachloroethane; 1,2Dichlorobenzene; 1,2 Dichloroethane;1,2 Dichloropropane; 1,2Dichloropropanone; 1,2Transdichloroethene; 1,2, Trans—Dichloroethene; 1,2,4,5Tetrachlorobenzine; 1,3Dichlorobenzene; 1,4 Dichloro 2 butene;1,4 Dioxane; 2 Chlorophenol; 2Cyclohexyl 4,6 dinitrophenol; 2 MethylPyridine; 2 Nitropropane; 2, 4-Di-nitrotoluene; Acetone; Acetonitrile;Acrylonitrile; Allyl Alcohol; Aniline;Antimony; Arsenic; Barium; Benzene;Benzotrichloride; Benzyl Chloride;Beryllium; Bis (2 ethyl Hexyl) Phthalate;Butyl Alcohol, n; Butyl BenzylPhthalate; Cadmium; Carbon Disulfide;Carbon Tetrachloride; Chlorobenzene;Chloroform; Chloromethane; Chromium;Chrysene; Copper; Creosol; Creosol, m-; Creosol, o; Creosol, p; Cyanide;Cyclohexanone; Di-n-octyl phthalate;Dichlorodiflouromethane; DiethylPhthalate; Dihydrosafrole;Dimethylamine; Ethyl Acetate; Ethylbenzene; Ethyl Ether; Ethylene GlycolEthyl Ether; Ethylene Oxide;Formaldehyde; Isobutyl Alcohol; Lead;Mercury; Methanol; Methoxychlor;Methyl Chloride; Methyl Chloroformate;Methyl Ethyl Ketone; Methyl EthylKetone Peroxide; Methyl IsobutylKetone; Methyl Methacrylate;Methylene Bromide; MethyleneChloride; Naphthalene; Nickel;Nitrobenzene; Nitroglycerine; p-Toluidine; Phenol; Phthalic Anhydride;Polychlorinated Biphenyls; PropargylAlcohol; Pyridine; Safrole; Selenium;Silver; Styrene; Tetrachloroethylene;Tetrahydrofuran; Thallium; Toluene;Toluene 2,4 Diisocyanate;Trichloroethylene;Trichloroflouromethane; Vanadium;Vinyl Chloride; Warfarin; Xylene; Zinc.

(g) This section applies only to thefacility commonly referred to as the OSiSpecialties Plant, located on State Route


2, Sistersville, West Virginia(‘‘Sistersville Plant’’).

(1)(i) No later than 18 months fromthe date the Sistersville Plant receiveswritten notification of revocation of thetemporary deferral for the SistersvillePlant under paragraph (f) of this section,the Sistersville Plant shall, inaccordance with the implementationschedule submitted to EPA underparagraph (g)(1)(ii) of this section, eithercome into compliance with allrequirements of this subpart which hadbeen deferred by paragraph (f)(1)(i) ofthis section, or complete a facility orprocess modification such that therequirements of § 265.1086 are no longerapplicable to the two hazardous wastesurface impoundments. In any event,the Sistersville Plant must complete therequirements of the previous sentenceno later than the MON ComplianceDate; if the Sistersville Plant receiveswritten notification of revocation of thetemporary deferral after the date 18months prior to the MON ComplianceDate, the date by which the SistersvillePlant must complete the requirements ofthe previous sentence will be the MONCompliance Date, which would be lessthan 18 months from the date ofnotification of revocation.

(ii) Within 30 days from the date theSistersville Plant receives writtennotification of revocation underparagraph (f)(3)(iv) of this section, theSistersville Plant shall enter andmaintain in the facility operating recordan implementation schedule. Theimplementation schedule shalldemonstrate that within 18 months fromthe date the Sistersville Plant receiveswritten notification of revocation underparagraph (f)(3)(iv) of this section (butno later than the MON ComplianceDate), the Sistersville Plant shall eithercome into compliance with theregulatory requirements that had beendeferred by paragraph (f)(1)(i) of thissection, or complete a facility or processmodification such that the requirementsof § 265.1086 are no longer applicable tothe two hazardous waste surfaceimpoundments. Within 30 days fromthe date the Sistersville Plant receiveswritten notification of revocation underparagraph (f)(3)(iv) of this section, theSistersville Plant shall submit a copy of

the implementation schedule to the EPAand WVDEP Project XL contactsidentified in paragraph (f)(2)(viii)(H) ofthis section. The implementationschedule shall reflect the SistersvillePlant’s effort to come into compliance assoon as practicable (but no later than 18months after the date the SistersvillePlant receives written notification ofrevocation, or the MON ComplianceDate, whichever is sooner) with allregulatory requirements that had beendeferred under paragraph (f)(1)(i) of thissection, or to complete a facility orprocess modification as soon aspracticable (but no later than 18 monthsafter the date the Sistersville Plantreceives written notification ofrevocation, or the MON ComplianceDate, whichever is sooner) such that therequirements of § 265.1086 are no longerapplicable to the two hazardous wastesurface impoundments.

(iii) The implementation scheduleshall include the information describedin either paragraph (g)(1)(iii)(A) or (B) ofthis section.

(A) Specific calendar dates for: awardof contracts or issuance of purchaseorders for the control equipmentrequired by those regulatoryrequirements that had been deferred byparagraph (f)(1)(i) of this section;initiation of on-site installation of suchcontrol equipment; completion of thecontrol equipment installation;performance of any testing todemonstrate that the installed controlequipment meets the applicablestandards of this subpart; initiation ofoperation of the control equipment; andcompliance with all regulatoryrequirements that had been deferred byparagraph (f)(1)(i) of this section.

(B) Specific calendar dates for thepurchase, installation, performancetesting and initiation of operation ofequipment to accomplish a facility orprocess modification such that therequirements of § 265.1086 are no longerapplicable to the two hazardous wastesurface impoundments.

(2) Nothing in paragraphs (f) or (g) ofthis section shall affect any regulatoryrequirements not referenced inparagraph (f)(2)(i) or (ii) of this section,as applicable to the Sistersville Plant.

(3) In the event that a notification ofrevocation is issued pursuant to

paragraph (f)(3)(iv) of this section, therequirements referenced in paragraph(f)(1)(iii) of this section are temporarilydeferred, with respect to the twohazardous waste surfaceimpoundments, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(ii),(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and(g) of this section, except as providedunder paragraph (g)(4) of this section.The temporary deferral of the previoussentence shall be effective beginning onthe date the Sistersville Plant receiveswritten notification of revocation, andsubject to paragraph (g)(5) of thissection, shall continue to be effective fora maximum period of 18 months fromthat date, provided that the SistersvillePlant is in compliance with therequirements of paragraphs (f)(2)(ii),(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and(g) of this section at all times during that18-month period.

(4) In the event that a notification ofrevocation is issued pursuant toparagraph (f)(3)(iv) of this section as aresult of the permanent removal of thecapper unit from methyl cappedpolyether production service, therequirements referenced in paragraph(f)(1)(iii) of this section are temporarilydeferred, with respect to the twohazardous waste surfaceimpoundments, provided that theSistersville Plant is in compliance withthe requirements of paragraphs (f)(2)(vi),and (g) of this section. The temporarydeferral of the previous sentence shallbe effective beginning on the date theSistersville Plant receives writtennotification of revocation, and subject toparagraph (g)(5) of this section, shallcontinue to be effective for a maximumperiod of 18 months from that date,provided that the Sistersville Plant is incompliance with the requirements ofparagraphs (f)(2)(vi) and (g) of thissection at all times during that 18-month period.

(5) In no event shall the temporarydeferral provided under paragraph (g)(3)or (g)(4) of this section be effective afterthe MON Compliance Date.* * * * *[FR Doc. 98–24048 Filed 9–14–98; 8:45 am]BILLING CODE 6560–50–P

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