Ms.

Allison Stockweather
Corporate Air Manager
DAK Americas, LLC
3500 Daniels Road NE
Leland, North Carolina 28451
Dear Ms. Stockweather:
This letter is in response to your letter dated December 16, 2008, requesting that
the Environmental Protection Agency Region 4 (EPA) provide an applicability
determination for the DAK Americas, LLC (DAK) facility in Cooper River, South
Carolina. The facility is a major source of hazardous air pollutants (HAPs) as defined in
Section 112(a) of the Clean Air Act. DAK has requested that EPA provide a
determination as to whether the solid state polymerization (SSP) process equipment at the
Cooper River facility is an affected source under the Miscellaneous Organic Chemical
Manufacturing (MON) National Emissions Standard for Hazardous Air Pollutants
(NESHAP), found at 40 Code of Federal Regulations (CFR) part 63 subpart FFFF.
In its December 16, 2008 letter, DAK states that the Cooper River facility
produces polyethylene terephthalate (PET) and that [m]ost of the PET manufacturing
process unit is already covered as an affected source under 40 CFR [part] 63 Subpart JJJ
(the Polymers and Resins IV NESHAP). DAK further states that the Polymers and
Resins IV NESHAP is not applicable to SSP process area, as the regulation specifically
exempts SSP equipment from the definition of an affected source. DAK concludes that
the SSP within the PET manufacturing process unit is the only unit at Cooper River that
is potentially subject to the MON.
The applicability provisions of the MON NESHAP are found at 40 CFR
63.2435, which states:
(a) You are subject to the requirements in this subpart if you own or
operate miscellaneous organic chemical manufacturing process units
(MCPU) that are located at, or are part of, a major source of hazardous air
pollutants (HAP) emissions as defined in section 112(a) of the Clean Air
Act (CAA).
40 CFR 63.2435(b) further provides that:
(b) An MCPU includes equipment necessary to operate a miscellaneous
organic chemical manufacturing process, as defined in 63.2550, that

satisfies all of the conditions specified in paragraphs (b)(1) through (3) of

this section. An MCPU also includes any assigned storage tanks and
transfer racks; equipment in open systems that is used to convey or store
water having the same concentration and flow characteristics as
wastewater; and components such as pumps, compressors, agitators,
pressure relief devices, sampling connection systems, open-ended valves
or lines, valves, connectors, and instrumentation systems that are used to
manufacture any material or family of materials described in paragraphs
(b)(1)(i) through (v) of this section.
(1) The MCPU produces material or family of materials that is described
in paragraph (b)(1)(i), (ii), (iii), (iv), or (v) of this section.

(ii) An organic chemical(s) classified using the 1997 version of NAICS

code 325, except as provided in paragraph (c)(5) of this section.

(2) The MCPU processes, uses, or generates any of the organic HAP listed
in section 112(b) of the CAA or hydrogen halide and halogen HAP, as
defined in 63.2550.
(3) The MCPU is not an affected source or part of an affected source
under another subpart of this part 63, except for process vents from batch
operations within a chemical manufacturing process unit (CMPU), as
identified in 63.100(j)(4). For this situation, the MCPU is the same as
the CMPU as defined in 63.100, and you are subject only to the
requirements for batch process vents in this subpart.
Also, a miscellaneous organic chemical manufacturing process is defined in 40
CFR 63.2550 as follows:
Miscellaneous organic chemical manufacturing process means all
equipment which collectively function to produce a product or isolated
intermediate that are materials described in 63.2435(b). For the purposes
of this subpart, process includes any, all or a combination of reaction,
recovery, separation, purification, or other activity, operation,
manufacture, or treatment which are used to produce a product or isolated
intermediate. A process is also defined by the following:

(6) The end of a process that produces a solid material is either up to and
including the dryer or extruder, or for a polymer production process
without a dryer or extruder, it is up to and including the extruder, die plate,
or solid-state reactor, except in two cases. If the dryer, extruder, die plate,
or solid-state reactor is followed by an operation that is designed and
operated to remove HAP solvent or residual HAP monomer from the
solid, then the solvent removal operation is the last step in the process.
If the dried solid is diluted or mixed with a HAP-based solvent, then the
solvent removal operation is the last step in the process.

According to the 1997 version of the North American Industry Classification

System (NAICS), the code for PET is 325211. Therefore, the PET manufacturing
process satisfies the condition of 40 CFR 63.2435(b)(1)(ii) because it produces an
organic chemical(s) classified using the 1997 version of NAICS code 325.
Certain equipment used in the production of PET at the DAK Cooper River
facility is not an affected source under the MON, per 40 CFR 63.2435(b)(3), because
this equipment is an affected source under another subpart of part 63, in this case subpart
JJJ. However, per 40 CFR 63.1310(d)(5), the equipment in SSP process area is not part
of the affected source under subpart JJJ and thus is not excluded from classification as an
MCPU if the definition criteria are met. The condition of applicability at 40 CFR
63.2435(b)(2) is also satisfied because according to DAK in a phone conversation with
EPA on July 14, 2009, the SSP process emits acetaldehyde, an organic HAP.
In its December 16, 2008 letter, DAK references paragraph (6) of the above
MCPU definition and states that the Cooper River MCPU ends at the amorphous chip
dryer [of the continuous polymerization (CP) area] and prior to the SSP reactor.
Therefore, in DAKs interpretation, the SSP area would not be subject to the MON
because the SSP equipment is after a dryer and is excluded from the MCPU by definition.
After analysis of DAKs process, however, EPA has determined that SSP process
is a MCPU and subject to the MON. The CP and SSP processes manufacture two distinct
products in two distinct process units. According to Figure 3 in DAKs December 16,
2008 letter, and confirmed in a telephone conversation on July 14, 2009, the CP area
produces PET amorphous chip, and is a thermoplastic production unit (TPPU) subject to
the polymers and resins IV NESHAP. This product is stored in amorphous chip silos,
where it is either loaded onto rail cars and sold or used as the raw material in the SSP
process. Since the CP is a TPPU under subpart JJJ, it cannot also be an MCPU under
subpart FFFF. Therefore, DAKs argument that the definition of MCPU at 40 CFR
63.2550, item (6) applies to the CP process and SSP process, either together or singly, is
incorrect.
As described by DAK, the SSP process includes the SSP feed bin, precrystallizer,
crystallizer, preheater, reactor, dryer, dryer conveyor, and product silos. The purpose of
the SSP process is to increase the intrinsic viscosity of the extruded solid material
produced by the CP process. This is done primarily by the application of heat, which also
serves to drive off residual HAP. Therefore, the SSP is a MCPU which manufactures a
product, PET, which is described by NAICS 325. In doing so, it, generates a HAP,
acetaldehyde. As previously established, the MCPU is located at a major source of HAP.
Therefore, the SSP process satisfies all of the conditions for applicability specified in
paragraphs (a) and (b)(1) through (3) of 40 CFR 63.2435.
The SSP MCPU includes the SSP equipment shown in Figure 3 of the
December 16, 2008 letter. The MCPU begins at the SSP feed bin and ends at the SSP
dryer. DAK is required to comply with all of the applicable requirements under 40 CFR
part 63 subpart FFFF for this MCPU.

Please be aware that the determination provided in this letter is based on the
information submitted to EPA by DAK including supporting materials, descriptions, and
enclosures. Also, these requests have been discussed with our Office of Enforcement and
Compliance Assurance and our Office of Air Quality Planning and Standards, which
have agreed with this determination. Should you have any questions, please contact
Daniel Garver of the EPA Region 4 staff at (404) 562-9839 or garver.daniel@epa.gov.
Sincerely,

Kenneth R. Lapierre
Acting Director
Air, Pesticides, and Toxics
Management Division

cc: Mr. Heinz Kaiser

SC DHEC