[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Proposed Rules]
[Pages 69210-69237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22108]



[[Page 69209]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Organic 
Liquids Distribution (Non-Gasoline); Proposed Rule

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / 
Proposed Rules

[[Page 69210]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0138, FRL-7993-7]
RIN 2060-AM77


National Emission Standards for Hazardous Air Pollutants: Organic 
Liquids Distribution (Non-Gasoline)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On February 3, 2004 (69 FR 5038), the EPA issued national 
emission standards for hazardous air pollutants for organic liquids 
distribution (non-gasoline) (OLD NESHAP) under section 112 of the Clean 
Air Act (CAA). In this action, EPA is proposing to amend portions of 
the OLD NESHAP in response to petitions for judicial review and for 
administrative reconsideration of the promulgated rule. The proposed 
amendments are being made to clarify the applicability and control 
requirements for storage tanks and transfer racks, and amend the 
recordkeeping and reporting requirements for affected sources for which 
there are no control requirements. The proposed amendments do not 
reflect the full set of possible amendments EPA intends to propose in 
response to all of the issues raised in the petitions for review and 
reconsideration. The Agency is separately developing a proposed 
response to some of those issues.

DATES: Comments. Submit comments on or before December 29, 2005.
    Public Hearing. If a public hearing is requested by November 25, 
2005, the EPA will hold a public hearing by November 29, 2005. To 
request a public hearing, contact Ms. Martha Smith, EPA, Waste and 
Chemical Processes Group (C439-03), Emission Standards Division, Office 
of Air Quality Planning and Standards, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-2421, facsimile number (919) 
541-0246, electronic mail address: <a href="/cdn-cgi/l/email-protection#780b15110c105615190a0c1019381d0819561f170e"><span class="__cf_email__" data-cfemail="5526383c213d7b383427213d34153025347b323a23">[email protected]</span></a>.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
OAR-2003-0138, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment systems, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#93d2bef2fdf7bec1bed7fcf0f8f6e7d3f6e3f2fef2faffbdf6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="da9bf7bbb4bef788f79eb5b9b1bfae9abfaabbb7bbb3b6f4bfaabbf4bdb5ac">[email protected]</span></a>
    <bullet> Fax: 202-566-1741
    <bullet> Mail: (in duplicate, if possible) to Air and Radiation 
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460.
    <bullet> Hand Delivery: (in duplicate, if possible) to: Air and 
Radiation Docket, Attention Docket ID Number OAR-2003-0138, EPA, 1301 
Constitution Avenue, NW., Room B-102, Washington, DC 20460. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. OAR-2003-0138. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102). For additional instructions on submitting comments, 
go to the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in either the 
EDOCKET index at http://www.epa.gov/edocket or in the legacy docket, A-
98-13. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in EDOCKET or in hard copy at the Air 
and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. A 
reasonable fee may be charged for copying docket materials. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA facility complex in Research Triangle Park, North 
Carolina, or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: Ms. Martha Smith, EPA, Waste and 
Chemical Processes Group (C439-03), Emission Standards Division, Office 
of Air Quality Planning and Standards, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-2421, facsimile number (919) 
541-3207, electronic mail address: <a href="/cdn-cgi/l/email-protection#1c6f7175687432717d6e68747d5c796c7d327b736a"><span class="__cf_email__" data-cfemail="a6d5cbcfd2ce88cbc7d4d2cec7e6c3d6c788c1c9d0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action include:

[[Page 69211]]



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                                                     NAICS *
                     Category                          code     SIC *  code     Examples of regulated entities
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Industry.........................................       325211         2821  Operations at major sources that
                                                        325192         2865   transfer organic liquids into or
                                                        325188         2869   out of the plant site, including:
                                                         32411         2911   liquid storage terminals, crude
                                                         49311         4226   oil pipeline stations, petroleum
                                                         49319         4612   refineries, chemical manufacturing
                                                         48611         5169   facilities, and other
                                                         42269         5171   manufacturing facilities with
                                                         42271                collocated OLD operations.
Federal Government...............................  ...........  ...........  Federal agency facilities that
                                                                              operate any of the types of
                                                                              entities listed under the
                                                                              ``industry'' category in this
                                                                              table.
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* Considered to be the primary industrial codes for the plant sites with OLD operations.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria 40 CFR part 63, subpart 
EEEE. If you have any questions regarding the applicability of this 
action to a particular entity, consult the individual described in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    Submitting Comments Containing CBI. Do not submit this information 
to EPA through EDOCKET, regulations.gov or e-mail. Clearly mark the 
part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD ROM that you mail to EPA, mark the outside 
of the disk or CD ROM as CBI and then identify electronically within 
the disk or CD ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    Tips for Preparing Your Comments. When submitting comments, 
remember to:
    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    <bullet> Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> Make sure to submit your comments by the comment period 
deadline identified.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this action will also be available through the 
WWW. Following signature, a copy of this action will be posted on EPA's 
Technology Transfer Network (TTN) policy and guidance page for newly 
proposed or promulgated rules: http://www.epa.gov/ttn/oarpg. The TTN at 
EPA's Web site provides information and technology exchange in various 
areas of air pollution control.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Martha Smith, Waste and Chemical Processes Group, Emission Standards 
Division, (C439-04), Research Triangle Park, NC 27711, telephone number 
(919) 541-2421, at least 2 days in advance of the potential date of the 
public hearing. Persons interested in attending the public hearing must 
also call Ms. Smith to verify the time, date, and location of the 
hearing. The public hearing will provide interested parties the 
opportunity to present data, views, or arguments concerning the 
proposed emissions standards.
    Outline. The following outline is provided to aid in reading this 
preamble to the proposed rule amendments.

I. Background
II. Proposed Amendments to the Organic Liquids Distribution NESHAP
    A. How are definitions being revised?
    B. How are control options being revised?
    C. How Are My Notification, Recordkeeping, and Reporting 
Requirements Being Revised?
    D. How are compliance requirements being changed?
    E. How is the affected source being changed?
    F. Miscellaneous Edits
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act

I. Background

    On February 3, 2004 (69 FR 5063), the Federal Register published 
EPA's National Emission Standards for Hazardous Air Pollutants: Organic 
Liquids Distribution (Non-Gasoline) (40 CFR part 63, subpart EEEE). 
Subpart EEEE sets emission limits and work practice standards for 
storage tanks, transfer racks, equipment leak components in organic 
liquid service, transport vehicles, and containers. These standards 
identify several control options for storage tanks and transfer racks 
that meet certain criteria. Because storage tanks and transfer racks in 
OLD operation may also be covered by other existing NESHAP, subpart 
EEEE addresses these overlap situations. Finally, subpart EEEE also 
contains notification, recordkeeping, and reporting requirements.
    Since publication of the OLD NESHAP, EPA has received several 
petitions for administrative reconsideration of the OLD NESHAP, and 
several petitions for judicial review have been filed in the U.S. Court 
of Appeals for the DC Circuit. Petitions for reconsideration were 
submitted to EPA

[[Page 69212]]

by the Alliance of Automobile Manufacturers, the General Electric 
Company, and the Prince William Sound Regional Citizen's Advisory 
Council (RCAC). Petitions for judicial review were filed by the 
American Chemical Council, the Coke Oven Environmental Task Force, the 
General Electric Company, and Mr. Stan Stephens. On April 5, 2004, the 
court consolidated the petitions for review under Stan Stephens v. 
USEPA, No. 04-1112 (DC Cir.). On April 30, 2004, the court granted the 
motion of Alyeska Pipeline Service Company to intervene in the case and 
granted the parties' joint motion to hold the case in abeyance pending 
EPA's response to the petitions for reconsideration.
    In responding to the petitions, EPA plans to publish two separate 
rulemakings. Today's proposed amendments are the first of these two 
actions. The proposed amendments in this notice are those that the 
Agency can make without substantial analysis of data and can be made 
more quickly to ensure correct implementation of the final rule. The 
remaining items, which are associated with the incorporation of 
wastewater into the OLD NESHAP, will be addressed in the second 
rulemaking. Today's proposed amendments, therefore, are not to be 
considered EPA's response to all of the issues raised in the petitions.

II. Proposed Amendments to the Organic Liquids Distribution NESHAP

    We are proposing a number of changes to the OLD NESHAP. For storage 
tanks, the proposed changes include, but are not limited to, control 
options for those storing high vapor pressure liquids and overlap with 
other storage tank rules. For transfer racks, the proposed changes 
include, but are not limited to, defining total actual annual facility-
level organic liquid loading volume and how to calculate its value, 
revising the definition of transfer rack, and compliance dates and 
control options as the result of changes in facility-level loading 
volumes. Numerous changes are being proposed with regard to 
notification, recordkeeping, and reporting requirements including, but 
not limited to: (1) Requirements for emission sources that are not 
required to be controlled under the OLD NESHAP, including startup, 
shutdown, and malfunction plans; (2) operating scenarios; (3) initial 
notification of compliance status (NOCS); and (4) Department of 
Transportation (DOT) certification records for transport vehicles. 
Other proposed changes include, but are not limited to, adding vapor 
balancing as a control option for containers, clarifying that cargo 
tank work practice standards only apply to tanks equipped with vapor 
collection equipment, allowing an alternative ASTM International method 
to Method 18 (40 CFR part 60, Appendix A), four new definitions and 
cross-referencing of definitions to other regulations, and removing the 
``1-hour'' requirement for offsite records. In addition, today's 
proposed amendments would correct typographical errors, including 
incorrect cross-references.

A. How Are Definitions Being Revised?

    1. Total Actual Annual Facility-Level Organic Liquid Loading 
Volume. One of the criteria for determining whether a transfer rack is 
to be controlled or not is the annual loading volume of organic liquids 
at the facility. Absent from the OLD NESHAP are a definition of ``total 
actual annual facility-level organic liquid loading volume'' and 
guidance on how to calculate this value. Therefore, we are proposing to 
add a definition to the final rule and include in the definition a 
detailed explanation of how to calculate this value for existing 
facilities and for new facilities.
    In proposing this definition, we note two important items. First, 
the loading volume considers both transfers made between facilities 
(for transport out of the facility) and transfers made within a 
facility (for transport within the facility). This clarifies the intent 
to consider both types of transfers and corrects an error in items 7 
through 10 in Table 2 to 40 CFR part 63, subpart EEEE, when the phrase 
``out of the facility'' is used. Second, we are proposing to calculate 
this value as an average over 3 years of annual loading volumes rather 
than a single annual value. Allowing a facility to average its loading 
volume over 3 years is reasonable because this would smooth out 
fluctuations in loading volumes from year to year that might arise due 
to temporary situations, thereby eliminating different control 
requirement outcomes caused by temporary changes below or above the 
throughput cut-off level that would occur with an annual time period. 
The proposed 3-year average should also allow facilities sufficient 
lead time in tracking their loading volume to assess the need for 
controlling transfer racks should the loading volume exceed the 
criterion's trigger value.
    We are proposing the methodology to be used to calculate this value 
as an average using 3 years of actual loading volume data. The value 
would be recalculated once per year. For example, a facility would 
collect loading volume data for years 1, 2, and 3. At the end of year 
3, the three annual values would be averaged to calculate the total 
actual annual facility-level organic liquid loading volume. This value 
would represent the loading volume used in determining whether the 
transfer racks at the facility would need to be controlled. At the end 
of year 4, the facility would calculate the annual average using the 
loading volume data for years 2, 3, and 4. This pattern would repeat 
itself each year.
    For existing affected sources, we are proposing that this 
calculation be made on a calendar year basis, starting January 1, 2004. 
If an existing affected source does not have actual loading volume data 
for the time period from January 1, 2004, through February 2, 2004, 
(the time period before the effective date of the OLD NESHAP), the 
owner or operator would calculate loading volume for that period based 
on the average loading volume from February 3, 2004, through December 
31, 2004.
    For new affected sources, we are proposing the option of making 
this calculation beginning on the actual startup date of the facility 
or on the first day of the calendar month following the month in which 
actual startup occurs. For example, if actual startup is March 13, 
2005, the facility has the option of either using March 13 to March 12 
as its annual basis or April 1 to March 31 as its annual basis. We are 
also proposing that once owners or operators select the beginning date 
to start their calculations, no changes can be made thereafter.
    New affected sources are required to be in compliance at startup. 
In order for a new affected source to be in compliance, the owner or 
operator must make a determination as to which transfer racks need to 
be controlled. However, new affected sources will not have actual 
loading volume data at their startup to make this determination. 
Therefore, we are proposing that new facilities make projections as to 
the facility-level loading volume for the first 3 years of operation. 
Based on this forecast, the owner or operator would determine the total 
actual annual facility-level organic liquid loading volume and use the 
result to determine which transfer racks need to be controlled at 
startup.
    At the end of the first year following the date selected to begin 
the calculation, the owner or operator would calculate the 3-year 
average using the first year's actual loading volume plus a new 
forecast of the loading volume for the next 2 years. At the end of the 
second year, the owner or

[[Page 69213]]

operator would calculate its 3-year average using the first 2 years' 
actual loading volume data plus a new forecast of loading for the next 
year. At the end of the third year, and for all subsequent years, 
following startup, the owner or operator would have actual loading 
volume data for 3 years and would no longer need to forecast loading 
volumes. The owner or operator would use the actual loading volume data 
for the first 3 years to make this calculation, and then use the 
``rolling'' 3 years of data for future calculations, as would owners 
and operators of existing affected sources.
    2. Transfer Rack. In the OLD NESHAP, the definition of transfer 
rack includes the concept of loading of organic liquids into transport 
vehicles. Unfortunately, there were two shortcomings with the 
definition.
    First, the definition is inconsistent with how the term is used 
when describing the affected sources. As stated in the OLD NESHAP, 40 
CFR part 63, subpart EEEE applies to (emphasis added): ``transfer racks 
at which organic liquids are loaded into or unloaded out of transport 
vehicles and/or containers'' (see 40 CFR 63.2338(b)(2)) and ``all 
transport vehicles while they are loading or unloading organic liquids 
at transfer racks'' (see 40 CFR 63.2338(b)(4)). However, in the 
definition section of the OLD NESHAP, transfer rack is defined in part 
(emphasis added) as ``a single system used to load organic liquids into 
transport vehicles.'' The definition of transfer rack, by limiting 
itself to only the loading of liquids, creates an inconsistency with 
the use of the term when defining the affected source. In the affected 
source, transfer racks can be loading or unloading organic liquids 
(emphasis added).
    The intent of the rule is that, for purposes of defining the 
affected source, both loading and unloading racks are to be included. 
For purposes of control requirements, however, the OLD NESHAP apply 
only to racks when they are loading organic liquids into transport 
vehicles or, for new sources only, containers.
    To accomplish this intent, we are proposing to modify the 
definition of ``transfer rack'' to also refer to unloading. Because of 
this proposed change to the definition of transfer rack, we are also 
proposing numerous language changes to ensure that the rule language is 
specific that control is required for transfer racks when they are 
loading organic liquids into cargo tanks or when they are filling 
containers.
    For new sources, transfer racks may also load containers, which the 
definition failed to mention. Therefore, we are proposing to add 
containers to the definition of transfer rack.
    3. Cross Reference to Other Rules. The OLD NESHAP use several terms 
that are defined in other subparts, but not directly in the OLD NESHAP. 
We are proposing to revise the introductory paragraph at 40 CFR 63.2406 
to cross-reference the other 40 CFR part 63 subparts that are 
referenced in the OLD NESHAP. This is being done by citing the specific 
definition sections of the applicable subparts in the same manner we 
cited the definitions found in 40 CFR 63.2 of the General Provisions. 
This change would not make the OLD NESHAP any more or less stringent, 
but simply clarifies the intent to use those definitions in the other 
subparts as appropriate and necessary to implement the OLD NESHAP.
    We are proposing to add four new definitions--bottoms receivers, 
surge control vessels, low-throughput transfer racks, and high-
throughput transfer racks--to the OLD NESHAP. These terms are added 
because their definitions in the cross-referenced rules do not apply to 
the OLD NESHAP and, therefore, needed to be added.
    We are proposing to add a sentence to the introductory paragraph of 
40 CFR 63.2406 to clarify a potential conflict in priority between the 
OLD NESHAP (subpart EEEE) and 40 CFR part 63, subpart PP. The 
introductory language in the OLD NESHAP and in subpart PP both claim 
that the terms as defined within each subpart shall have precedent over 
any other definition for those same terms in another subpart. We are 
proposing to amend the language in the OLD NESHAP to specifically 
override the language in subpart PP such that the terms ``container'' 
and ``safety device'' shall have the meaning given them in the OLD 
NESHAP notwithstanding the introductory language in 40 CFR 63.921.
    We do not believe any other changes to the definition section of 
the OLD rule are necessary. When complying with the OLD NESHAP, an 
owner or operator may be required to comply with another subpart (e.g., 
with 40 CFR part 63, subpart UU, for equipment leak components). If a 
term needs to be defined in order to comply with subpart UU and that 
term is not defined in the OLD NESHAP, then the owner or operator would 
use the definition found in subpart UU. In summary, when complying with 
the OLD NESHAP, if a term is used and it is not defined in the OLD 
NESHAP, then that term has the meaning assigned it in the 40 CFR part 
63 subpart that is being complied with.
    4. Startup and Shutdown. In 40 CFR 63.2406, we are proposing to 
clarify the definitions of ``startup'' and ``shutdown'' by adding the 
phrase ``(other than as part of normal operation for a batch-type 
operation), including equipment'' after ``or portion thereof.''
    The proposed wording for ``shutdown'' would now read: ``Shutdown 
means the cessation of operation of an OLD affected source, or portion 
thereof (other than as part of normal operation of a batch-type 
operation), including equipment required or used to comply with this 
subpart, or the emptying and degassing of a storage tank. Shutdown as 
defined here includes, but is not limited to, events that result from 
periodic maintenance, replacement of equipment, or repair.''
    The proposed wording for ``startup'' would now read: ``Startup 
means the setting in operation of an OLD affected source, or portion 
thereof (other than as part of normal operation of a batch-type 
operation), for any purpose. Startup also includes the placing in 
operation of any individual piece of equipment required or used to 
comply with this subpart including, but not limited to, control devices 
and monitors.''
    The normal operation of transfer racks is such that at times a 
transfer rack is transferring liquids and at other times it is not 
transferring liquids. We received questions about whether instances in 
which transfer racks begin or cease transferring liquids as part of 
normal ``batch'' type operations would constitute ``startup'' or 
``shutdown'' episodes. We never intended such instances to be 
interpreted in this way. Therefore, to avoid misunderstandings, we are 
proposing to revise the definitions of startup and shutdown to make it 
clear that the commencement or cessation of actual transfer of liquids 
through a transfer rack as part of batch-type operations does not 
constitute a ``startup'' or a ``shutdown'' of the transfer rack within 
the meaning of the OLD NESHAP. As a result of this proposed change, 
emission sources (i.e., transfer racks) that are subject to the OLD 
NESHAP, but for which control is not required, would not be required to 
minimize emissions during such periods as would be required under the 
General Provisions (i.e., 40 CFR 63.11(e)(1)) and would not be required 
to be addressed in a facility's startup, shutdown, and malfunction plan 
(i.e., 40 CFR 63.11(e)(3)). Likewise, emission sources subject to the 
OLD NESHAP for which control is required would remain subject to the 
control requirements during routine commencement or

[[Page 69214]]

cessation of operations that are part of normal batch-type operations.
    These proposed changes would also make the OLD NESHAP consistent 
with other recent EPA standards that recognize cessation of operations 
that is part of the normal characteristics of batch operations and 
batch-type operations is not considered ``startup'' or ``shutdown'' for 
purposes of startup, shutdown, and malfunction plans. Rather than 
revising the definitions of ``startup'' and ``shutdown'' to achieve 
this purpose, an alternative may be to simply amend Table 12 to 40 CFR 
part 63, subpart EEEE, to clarify that the duty to minimize emissions 
during periods of startup, shutdown and malfunction, in 40 CFR 
63.11(e)(1) of the General Provisions, does not apply to emissions 
sources that are part of the OLD affected source but are not subject to 
emissions control requirements. EPA requests comment on this 
alternative approach.
    5. Vapor Balancing System. We are proposing revisions to this 
definition to include reference to containers. We are proposing to 
extend the option of vapor balancing systems to containers. We are also 
proposing to clarify that vapors need to be ``directly conveyed'' to a 
``chemical manufacturing process unit,'' and are, thus, proposing to 
replace ``compresses the vapors for feeding into a chemical process 
manufacturing unit'' with ``compresses the vapor for direct conveyance 
to a chemical manufacturing unit.''
    6. Vapor Collection System. We are proposing to add reference to 
the conveyance of vapors displaced during the loading of containers to 
this definition. The OLD NESHAP inadvertently do not contain this 
reference, even though the use of control devices to control emissions 
from the filling of containers is a control option.

B. How Are Control Options Being Revised?

    1. Storage Tanks with High Vapor Pressure Liquids. Between proposal 
and promulgation, we added the equivalent control option of routing 
emissions to a fuel gas system or back to a process, per 40 CFR part 
63, subpart SS, for storage tanks storing liquids with vapor pressures 
less than 11.1 psia. The OLD NESHAP did not extend this option to 
storage tanks storing liquids with vapor pressures greater than 11.1 
psia. This was not an intentional exclusion. Most, but not all, tanks 
storing liquids with high vapor pressure are pressurized. Pressurized 
tanks do not have emissions. However, non-pressurized tanks storing 
liquids with high vapor pressures have the same types of emissions 
(working and/or breathing losses) as those tanks storing liquids with 
lower vapor pressures. In these instances, the controls that are 
applicable to the tanks storing the liquids with vapor pressures less 
than 11.1 psia are applicable to tanks storing liquids with vapor 
pressures greater than 11.1 psia. Therefore, we are proposing 
revisions, which appear in Tables 2 and Table 4 to 40 CFR part 63, 
subpart EEEE, to allow these storage tanks the same equivalent option 
as those storing lower vapor pressure liquids.
    2. Overlap of Storage Tank Rules. The Agency is proposing to revise 
the manner in which the OLD NESHAP address the overlap of the OLD 
NESHAP with 40 CFR part 60, subpart Kb (Standards of Performance for 
Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid 
Storage Vessels) for Which Construction, Reconstruction, or 
Modification Commenced After July 23, 1984) and with 40 CFR part 61, 
subpart Y (National Emission Standard for Benzene Emissions from 
Benzene Storage Vessels). In the OLD NESHAP, 40 CFR 63.2396(a), storage 
tanks that are subject to the OLD NESHAP requirements (which reference 
40 CFR part 63, subpart WW) and either of these other two rules are 
required to comply with the requirements of the OLD NESHAP when the 
tank is in OLD operation.
    Another recent rule (i.e., the Miscellaneous Organic NESHAP, or 
MON) promulgated by the Agency handles this overlap in a different 
fashion. In the MON, we allow facilities with storage tanks subject to 
both the MON and either of the other two rules noted above to be 
considered in compliance with the MON when they are in compliance with 
either of the other two rules.
    In assessing whether this approach was appropriate for the OLD 
NESHAP, we reviewed the OLD data used to establish the MACT floor and 
compared the requirements of the OLD NESHAP with 40 CFR part 60, 
subpart Kb, and 40 CFR part 61, subpart Y. Based on that review, 40 CFR 
part 60, subpart Kb, is equal to or more stringent than the MACT floor 
established for storage tanks. Therefore, allowing a facility to comply 
with 40 CFR part 60, subpart Kb, or, for that matter, with 40 CFR part 
61, subpart Y, would not be less stringent than the MACT floor for the 
OLD NESHAP and provides the same level of control as that found in 40 
CFR part 63, subpart WW. We, therefore, are proposing to revise the 
wording in 40 CFR 63.2396(a) to allow facilities to comply with 40 CFR 
part 60, subpart Kb, or 40 CFR part 61, subpart Y, for these storage 
tanks. However, we are not proposing to revise the 5-year recordkeeping 
requirement for OLD storage tanks. This is a longer timeframe than 
found in 40 CFR part 60, subpart Kb, or in 40 CFR part 61, subpart Y, 
which have a 2-year timeframe for keeping records. Finally, we are not 
proposing to revise the OLD monitoring, recordkeeping, and reporting 
requirements for OLD storage tanks that are controlled using closed 
vent systems (which is consistent with the MON). In sum, we have 
determined that the MACT floor is being maintained, and there is no 
loss in stringency as the result of the proposed changes.
    3. Transfer Racks. While we believe our intent is clear in 40 CFR 
63.2346(b) as to which transfer racks are to be controlled, the 
language is not accurate. The organic hazardous air pollutant (HAP) 
criterion is applied to the individual rack, but the ``facility-level 
organic liquid loading volume'' criterion is not. The loading volume 
criterion is based on the volume for all transfer racks and not for the 
individual transfer rack. Therefore, we are proposing to revise the 
introductory text as follows:

    ``For each transfer rack that is part of the collection of 
transfer racks that meets the total actual annual facility-level 
organic liquid loading volume criterion for control in Table 2 to 
this subpart, items 7 through 10, you must comply with paragraph 
(b)(1), (2), or (3) of this section for each arm in the transfer 
rack loading an organic liquid whose organic HAP content meets the 
organic HAP criterion for control in Table 2 to this subpart, items 
7 through 10.''

    4. Changes in OLD Loading Volume. Over time, the OLD loading volume 
at a facility may increase or decrease. These changes may be large 
enough that the 3-year rolling average creates a situation where a 
facility that is controlling its transfer racks no longer meets the 
criteria for control, or where a facility that is not controlling its 
transfer racks now meets the criteria for control. The OLD NESHAP does 
not explicitly indicate the control requirements when a facility 
encounters such situations. We are, therefore, proposing language to 
specifically indicate the control requirements and timing when such 
changes occur.
    We are proposing that if a facility is controlling its transfer 
racks, but the loading volume decreases at a later date to such a level 
that the criteria for control are no longer being met, compliance with 
the control requirements specified in 40 CFR 63.2386(b)(1), (2), or (3) 
is no longer required until such time that the total

[[Page 69215]]

actual facility-wide organic loading volume increases to a level 
requiring control.
    We are also proposing that if a facility is not controlling its 
transfer racks, but the loading volume increases at a later date to 
such a level that the criteria for control is now met, compliance with 
the control requirements specified in 40 CFR 63.2386(b)(1), (2), or (3) 
is required immediately, except as may be provided for existing sources 
only.
    5. Transfer Racks and Table 2 Emission Limits. The OLD NESHAP 
require a transfer rack to comply with each of the three emission 
limitations identified in item 7 in Table 2 to 40 CFR part 63, subpart 
EEEE. These emission limitations are: (1) Reduce emissions by 98 
percent reduction or to 20 ppmv; (2) vent emissions through a closed 
vent system to any combination of control devices in compliance with 40 
CFR part 63, subpart SS; and (3) meet one of two work practice 
standards specified in Table 4 to subpart EEEE. Requiring a facility to 
comply with all three emission limitations was not our intent and 
further is not technically feasible. To correct this, we are proposing 
to combine the first two emission limitations into a single emission 
limitation (which we incorrectly split into two limitations between 
proposal and promulgation and which would now parallel the correct 
construct of item 6 in Table 2 to subpart EEEE) and clarify that a 
facility is to comply with either 98 percent reduction or 20 ppmv 
emission limitation or one of the two work practice standards.
    6. Transfer Racks and Routing Emissions to a Process. The OLD 
NESHAP allow a facility the option to comply with 40 CFR part 63, 
subpart SS, which allows a facility to route emissions to fuel gas 
systems or back to a process (emphasis added). The OLD NESHAP 
inadvertently use the phrase ``the process,'' which has the potential 
effect of unnecessarily limiting a facility's option for routing vent 
gases. Therefore, we are proposing to use the phrase ``a process'' in 
conjunction with this compliance option.
    7. Vapor balancing and containers. The OLD NESHAP do not allow 
vapor balancing as a control option for the filling of containers. 
However, vapor balancing can be an effective control option for the 
filling of containers. Therefore, we are proposing vapor balancing, 
under certain conditions, as a control option for the filling of 
containers, identifying applicability for existing sources and new 
sources and revising the definitions of ``vapor balancing systems'' and 
``vapor collection system.''
    8. Vapor balancing and routing of displaced vapors. The control 
option of vapor balancing for transfer racks is stated inconsistently 
in the OLD NESHAP in 40 CFR 63.2346(b)(3) and in Table 7 to 40 CFR part 
63, subpart EEEE. We are proposing to resolve this inconsistency by 
revising 40 CFR 63.2346(b)(3) to include routing of vapors to a process 
unit.
    The OLD NESHAP direct that the routing of the displaced vapors is 
to be made to the ``appropriate storage tank.'' We are proposing to 
revise this phrase to now read ``to the storage tank from which the 
liquid being loaded originated.'' We believe this change makes the rule 
clearer.
    9. Cargo Tank Work Practice Standards. The cargo tank work 
practices in the OLD NESHAP (see 40 CFR 63.2346(d) and items 4 and 5 in 
Table 4 to 40 CFR part 63, subpart EEEE) create a technological 
inconsistency--requiring vapor tightness on transport vehicles being 
loaded at transfer racks that were not being controlled. We are 
proposing to correct this error by requiring vapor tightness only on 
transport vehicles being loaded at transfer racks that are being 
controlled. The proposed amendment would affect both cargo tanks with 
and cargo tanks without vapor collection equipment.

C. How Are My Notification, Recordkeeping, and Reporting Requirements 
Being Revised?

    1. Emission sources not subject to control. We are proposing to 
overhaul the OLD NESHAP notification, recordkeeping, and reporting 
requirements for emission sources not subject to control. The proposed 
amendments are found mostly in a proposed new section, 40 CFR 63.2343, 
with some additional changes needed in other parts of the rule. The OLD 
NESHAP currently identifies requirements for these sources in 40 CFR 
63.2346(h) and 63.2386(c)(9). Under today's proposed amendments, 40 CFR 
63.2346(h) would be deleted and ``reserved,'' because it is no longer 
needed. With regard to 40 CFR 63.2386(c)(9), the proposed amendments 
would revise (as described below) and redesignate the paragraph (as 
proposed 40 CFR 63.2386(c)(10)(i)).
    In today's proposed rulemaking, we are proposing to exempt all 
emission sources in the affected source not requiring control under the 
OLD NESHAP from notification, recordkeeping, and reporting 
requirements, except as otherwise specified in the proposed new 40 CFR 
63.2343. The proposed exceptions would apply to storage tanks and 
transfer racks.
    Storage tanks and transfer rack that would never be required to be 
controlled. For storage tanks and transfer racks that would never be 
required to be controlled under the OLD NESHAP as they currently apply, 
we are proposing that owners and operators submit an Initial 
Notification identifying such emission sources; and keep documentation 
verifying the ``no control'' status be kept up-to-date by the owner or 
operator. By the phrase ``up-to-date,'' we mean that such emission 
sources at a facility are identified in the documentation regardless of 
when the documentation was last compiled. Further, this documentation 
needs to be up-to-date only as it pertains to emission sources that are 
still physically present at a facility.
    The proposed amendments would also have the effect of eliminating 
the requirement for listing these sources in the NOCS, first compliance 
report, and subsequent compliance reports. Once the Initial 
Notification has been submitted, we believe it is unnecessary to 
continue to identify such emission sources in NOCS, first compliance 
report, and subsequent compliance reports as long as owners and 
operators keep documentation that such emission sources would never 
require control under the OLD NESHAP.
    Storage tanks and transfer racks that could be required to be 
controlled, but for which control is not currently required. For 
storage tanks and transfer racks that could be required to be 
controlled, but for which control is not currently required, we are 
proposing changes to notification and reporting and to documentation.
    We believe that it is important for an owner or operator to 
identify those storage tanks and transfer racks for which control could 
be required if and when the HAP content or throughput changes, even if 
control is not required at the time either the NOCS of the first 
compliance report is filed. Therefore, we are proposing owners and 
operators submit a list of all transfer racks (except those at which 
only unloading of organic liquids occurs) and of tanks greater than or 
equal to 18.9 cubic meters (5,000 gallons) that are part of the 
affected source but are not subject to any of the emission limitations, 
operating limits, or work practice standards of 40 CFR part 63, subpart 
EEEE (see proposed 40 CFR 63.2386(c)(10)(i)).
    Owners and operators would be required to submit this list with 
either the NOCS or the first Compliance report, whichever is submitted 
first.

[[Page 69216]]

After the NOCS or a Compliance report has been submitted, changes to a 
storage tank or transfer rack may have been made that affect its 
compliance status (e.g., an uncontrolled storage tank becomes subject 
to control). The types of changes that we are proposing to be reported 
are:
    <bullet> Any storage tank or transfer rack that became subject to 
control since the filing of the last Compliance report (see proposed 40 
CFR 63.2386(d)(3)). The intent here is to cover any storage tank or 
transfer rack that existed at the facility when the last Compliance 
report was filed, but has undergone a change that now subjects the 
storage tank or transfer rack to control; and any storage tank or 
transfer rack that was constructed at the facility since the last 
Compliance report was filed, that is being used (e.g., contains 
liquid), that is in OLD service and that meets the OLD criteria for 
control.
    <bullet> Any storage tank greater than or equal to 18.9 cubic 
meters (5,000 gallons) and any transfer rack that is part of the 
affected source, but which are not subject to any of the emission 
limitations, operating limits, or work practice standards of the OLD 
NESHAP, that became part of the affected source since the filing of the 
NOCS or the last Compliance report (see proposed 40 CFR 63.2386(d)(4)). 
The intent here is to cover any storage tank or transfer rack that was 
constructed at the facility since the NOCS or the last Compliance 
report was filed, that is part of the affected source (i.e., is in OLD 
service), but does not meet any of the criteria for control under the 
OLD rule; and any storage tank or transfer rack that existed at the 
facility prior to the filing of the NOCS or last Compliance report that 
was not in OLD service that is now in OLD service (i.e., is now part of 
the affected source), but does not meet any of the criteria for control 
under the OLD NESHAP.
    We are proposing that such changes be reported in either the NOCS 
or the first Compliance report (depending on which was submitted first 
(see proposed 40 CFR 63.2382(d)(2)(viii) and 63.2386(c)(10(ii)) and in 
subsequent Compliance reports whenever such changes occur after the 
filing of the last Compliance report (see proposed 40 CFR 63.2386(d)(3) 
and (4)).
    Proposed 40 CFR 63.2343 specifies the documentation that would be 
required for these emission sources. We are also proposing to modify 40 
CFR 63.2390, What records must I keep?, to clarify the applicability of 
proposed 40 CFR 63.2343 and 40 CFR 63.2390 to all emission sources 
subject to the OLD NESHAP.
    For storage tanks that could be subject to control, but are not 
required to be controlled, we are proposing that documentation be kept 
that demonstrates the status of the tank, including a record of the 
annual average true vapor pressure of the organic liquid being stored 
in each such tank.
    For transfer racks that could be subject to control, but are not 
required to be controlled, we are proposing that documentation be kept 
that demonstrates the status of the transfer rack.
    General Provisions. For all emission sources for which control is 
not required, we are proposing to amend the applicability of the 
General Provisions in two ways. First, we are proposing to modify the 
applicability of 40 CFR 63.6(e)(3) by not requiring startup, shutdown, 
and malfunction (SSM) plans for these emission sources because SSM 
plans apply to control devices used to comply with regulations, and 
these emission sources are not required to be controlled.
    Second, in the proposed new 40 CFR 63.2343 for emission sources not 
required to be controlled, we specifically identify those changes that 
require a facility to submit information and are proposing to modify 
the applicability of 40 CFR 63.9(j) such that it would not apply to 
these emission sources.
    2. Transport Vehicles and DOT Certifications. In the OLD NESHAP, we 
require owners or operators to keep documentation on the DOT 
certifications for transport vehicles loaded at their facilities. Other 
NESHAP allow an alternative to this requirement, which we believe can 
also be applied to transport vehicles loading organic liquids. This 
proposed alternative would allow owners and operators to simply record 
in a number of acceptable methods the verification of DOT certification 
without actually keeping such documentation (see proposed 40 CFR 
63.2390(c)(3)).
    3. Initial Notification of Compliance Status. The OLD NESHAP allow 
facilities with multiple control devices to submit a single NOCS and up 
to 240 days after the compliance date to submit it. To make this 
provision explicitly clear, we are proposing to revise the 
applicability of the General Provisions at 40 CFR 63.7(g) and 
63.9(h)(1)-(6) in Table 12 to 40 CFR part 63, subpart EEEE, to allow 
facilities to submit a single initial NOCS with test reports either 
within 240 days after the compliance date or within 60 days after the 
completion of the last compliance test demonstrating compliance, 
whichever occurs first.
    4. Offsite Records. The OLD NESHAP (see 40 CFR 63.2394(a)) allow 
facilities to store on-site records ``in electric form at a separate 
location from the site provided they can be access and printed at the 
site within 1 hour after a request by the applicable title V permitting 
authority.'' EPA included the ``1-hour'' requirement at promulgation, 
but now believes that it is unnecessarily restrictive. Therefore, we 
are proposing to revise 40 CFR 63.2394(a) by removing the ``1-hour'' 
requirement and stating explicitly that records kept off-site are to be 
available for ``expeditious review and inspection.'' We are also 
proposing to eliminate the provision allowing on-site records to be 
stored off-site in electronic format because ``expeditious retrieval'' 
of records stored off-site does not meet the General Provision's 
requirements that records be stored ``on-site'' for the first 2 years.
    5. Operating Scenarios. The OLD NESHAP require facilities to 
identify operating scenarios in the NOCS report and then to update 
changes to operating scenarios in the semiannual compliance reports. We 
are proposing to delete ``operating scenarios'' from the OLD NESHAP 
because the term is not applicable to the OLD source category.

D. How Are Compliance Requirements Being Changed?

    1. Changes in OLD Loading Volume--Compliance Dates. We are 
proposing language to clarify when transfer racks must be in compliance 
when the total actual annual facility-level organic liquid loading 
volume decreases such that control is no longer required, or when it 
increases such that control is required (see 40 CFR 63.2342(a)(3) and 
(b)(3)). For both new and existing sources, we are proposing that a 
source whose loading volume increases to a level such that control of 
transfer racks is required, be in compliance with the transfer rack 
requirements immediately. We are proposing to define ``immediately'' as 
the first day of the period following the end of the 3-year period 
triggering the control criteria.
    For existing sources, however, we are proposing that owners or 
operators of existing sources be allowed to request a compliance 
extension of up to 1 year if the additional time is necessary for the 
installation of controls. This proposed request for a compliance 
extension is similar to that provided for under 40 CFR 
63.100(l)(4)(ii)(B) of the Hazardous Organic NESHAP. We are also 
proposing to limit the use of this compliance extension provision to 
once for each facility (see 40 CFR 63.2342(b)(3)(ii)(I)). That is, once 
an owner or operator has requested an

[[Page 69217]]

extension of compliance for its facility, the owner or operator cannot 
request such an extension at a later date if changes in loading volume 
again create a situation in which control of transfer racks is once 
again required.
    2. ASTM D7420-99. In the preamble to the OLD NESHAP, we indicated 
that we had included ASTM D7420-99, Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry (GC/MS), as an alternative to Method 
18. However, we neglected to add the method to the final rule. 
Therefore, we are proposing language, in 40 CFR 63.2354(b)(3), adding 
ASTM D7420-99 as an alternative to Method 18 to determine compliance 
with the organic HAP or TOC emission limit.
    3. Reformulation. One of the petitioners requested clarification as 
to the periodic reporting requirements for a facility that reformulates 
materials prior to the compliance date, and for a facility that 
reformulates materials after the compliance date. The reformulation the 
petitioner is concerned about is where a material that meets the 
definition of an organic liquid as defined in 40 CFR 63.2402 is 
reformulated in such a manner that the material no longer meets the 
definition of an organic liquid.
    The OLD NESHAP apply to emission sources when they are in OLD 
service. If a facility reformulates a material in such a manner that 
the material no longer is an organic liquid, as defined in 40 CFR 
63.2406, the emission source is not in OLD service and, therefore, is 
neither subject to the OLD NESHAP nor its reporting requirements. If 
all of the material at a facility were reformulated such that there is 
no organic liquid at the facility, the entire facility would have no 
emission sources in organic liquid service and would not be required to 
meet the periodic compliance reporting requirements. If the facility 
were to later reformulate the material such that it once again met the 
definition of organic liquid, then the emission source would be in OLD 
service and subject to all applicable requirements of the OLD NESHAP, 
including periodic reporting requirements.
    The Agency does not believe that it is necessary to modify the OLD 
NESHAP to address the specific situations posed by the petitioner. In 
addition, we do not believe this issue needs to be treated differently 
if the reformulation occurs prior to or after the compliance date of 
the final rule.

E. How Is the Affected Source Being Changed?

    1. Containers. In 40 CFR 63.2338(b)(2) of the OLD NESHAP, we 
identify ``transfer racks'' as a component of the affected source and 
identify in that paragraph both ``transport vehicles'' and 
``containers'' into which or out of which the liquids are loaded. We 
then identify, in 40 CFR 63.2338(b)(4), ``transport vehicles'' as a 
separate component of the affected source. However, we neglected to 
also identify ``containers'' as a separate component of the affected 
source. To correct this oversight, we are proposing to add a new 
paragraph (b)(5) to 40 CFR 63.2338 to identify containers as a separate 
component of the affected source.
    2. Transport Vehicles. In 40 CFR 63.2338(b)(4) of the OLD NESHAP, 
it is unclear as to whether the affected source includes transport 
vehicles while they are loading or unloading organic liquids at any 
transfer rack or only at transfer racks subject to the OLD NESHAP. We 
are proposing to revise 40 CFR 63.2338(b)(4) to state that only those 
transport vehicles loading or unloading at transfer racks subject to 
the OLD NESHAP are to be included in the affected source.
    3. Excluded Equipment. As stated in 40 CFR 63.2338(b), the affected 
source is composed of storage tanks, transfer racks, equipment leak 
components, transport vehicles, and containers. The OLD NESHAP, in 40 
CFR 63.2338(c), exclude from the affected source three of these five 
types of equipment--storage tanks, transfer racks, and equipment leak 
components--under certain conditions (e.g., subject to another 40 CFR 
part 63 NESHAP, used in special operations, used to conduct maintenance 
activities). We know of no reason that transport vehicles and 
containers when used in the same circumstances as the three cited types 
of equipment should not also be included in these exclusions. 
Therefore, we are proposing to revise 40 CFR 63.2338(c) accordingly.
    4. Equipment Leak Components. The OLD NESHAP (see 40 CFR 
63.2338(c)(2)) is unclear as to which equipment leak components are to 
be excluded from the affected source definition. For example, are 
equipment leak components associated with a pipeline originating 
offsite that goes directly to a tank subject to the Hazardous Organic 
NESHAP (HON) part of the affected source? Or, as another example, are 
equipment leak components associated with a pipeline from a transfer 
rack subject to the OLD NESHAP that goes to a tank subject to the HON 
part of the affected source?
    To clarify the determination of which equipment leak components are 
included in the definition of the affected source and which are 
excluded, we are proposing to revise 40 CFR 63.2338(b)(3) to clearly 
state that equipment leak components are part of the affected source if 
they are associated with pipelines that transfer organic liquids 
directly to and from storage tanks and/or transfer racks, both of which 
are subject to the OLD NESHAP. Equipment leak components associated 
with pipelines that connect two storage tanks, two transfer racks, or a 
storage tank and a transfer rack are subject to the OLD NESHAP only if 
both storage tanks, both transfer racks, or both the storage tank and 
transfer rack are subject to the OLD NESHAP. These three scenarios 
comprise the situations in which equipment leak components associated 
with pipelines are part of the OLD affected sources.
    Lastly, because the proposed revisions to 40 CFR 63.2338(b)(3) 
include all those equipment leak components that we intend to include, 
we do not believe there is any need to have an equipment leak component 
exclusion. Therefore, we are proposing to delete 40 CFR 63.2338(c)(2) 
from the OLD NESHAP.
    5. Coke by-product Plants. One of the petitioners requested 
clarification as to the applicability of the OLD NESHAP to coke by-
product plants. On January 30, 2001 (66 FR 8220), EPA deleted coke by-
product plants from the list of major and area sources of HAP required 
by CAA section 112(c)(1). Consequently, 40 CFR part 63 MACT standards 
promulgated under CAA section 112(d), such as the OLD NESHAP, would not 
apply to the deleted coke by-product plant source category. Moreover, 
as EPA explained in 2001, coke by-product plants remain subject to the 
pre-existing NESHAP for benzene emissions from coke by-product recovery 
plants at 40 CFR part 61, subpart L. See 66 FR at 8222. EPA is not 
proposing any changes to the OLD NESHAP in order to clarify this issue, 
as it is unnecessary to do so. The result follows from EPA's previous 
action in 2001 deleting the coke by-product plant source category.

F. Miscellaneous Edits

    There are numerous edits being proposed to address typographical 
errors and oversights in the OLD NESHAP. These edits make clearer our 
intent, correct punctuation, or change cross-references because of the 
other changes being proposed in today's rulemaking; they do not affect 
the stringency of the final rule or its

[[Page 69218]]

enforceability. These edits may be found in the EDOCKET (see ADDRESSES 
section).

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 5173, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in 
standards that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect, in a material way, the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has notified 
EPA that it considers this a ``non-significant regulatory action'' 
within the meaning of the Executive Order and is therefore not subject 
to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The final rule required owners and operators to list sources not 
subject to control in the first and subsequent compliance reports and 
to keep appropriate documentation. The final rule applied these 
requirements across-the-board for all emission sources not requiring 
control and, in general, was not specific as to what recordkeeping is 
required. Under the proposed amendments, we are clarifying how these 
provisions would apply to those emission sources for which control 
would never be required and to those emission sources for which control 
could be required, but is not currently required. In addition, we are 
identifying the specific circumstances under which listing in 
subsequent Compliance reports would be required for sources for which 
control is not required rather than requiring all previously identified 
sources to be re-listed. Further, we are narrowing the applicability of 
certain sections of the General Provisions for sources for which 
control is not required because the proposed amendments make such 
application of those sections in the General Provisions unnecessary. 
Thus, in sum, the proposed amendments are not adding new information 
collection burden. However, the Office of Management and Budget (OMB) 
has previously approved the information collection requirements 
contained in the existing regulations at 40 CFR part 63, subpart EEEE 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. and has assigned OMB control number 2060 0539, EPA ICR number 
1963. A copy of the OMB approved Information Collection Request (ICR) 
may be obtained from Susan Auby, Collection Strategies Division; U.S. 
Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., 
Washington, DC 20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed 
amendments on small entities, small entity is defined as: (1) A small 
business as defined by the Small Business Administration's (SBA) 
regulations at 13 CFR 121.20; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed 
amendments on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. In determining whether a rule has a significant economic 
impact on a substantial number of small entities, the impact of concern 
is any significant adverse economic impact on small entities, because 
the primary purpose of the regulatory flexibility analysis is to 
identify and address regulatory alternatives ``which minimize any 
significant economic impact of the rule on small entities.'' 5 U.S.C. 
603 and 604. Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule.
    Today's proposed amendments will not impose any new requirements on 
small entities, and will reduce some of the burden established under 
the promulgated rule. We have therefore concluded that today's proposed 
amendments will relieve regulatory burden by, for example, exempting 
all emission sources in the affected source not requiring control under 
the OLD NESHAP from notification, recordkeeping, and reporting 
requirements, except as otherwise specified for all affected small 
entities; excluding from the affected source three types of equipment--
storage tanks, transfer racks, and equipment leak components--under 
certain conditions that are used in special operations and to conduct 
maintenance activities; and proposing that owners or operators of 
existing sources be allowed to request a compliance extension of up to 
1 year if the additional time is necessary for the installation of 
controls. We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

[[Page 69219]]

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation of why that alternative 
was not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potential affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    EPA has determined that the proposed amendments do not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in aggregate, or the private 
sector in any 1 year, nor do the proposed amendments significantly or 
uniquely impact small governments, because they contain no requirements 
that apply to such governments or impose obligations upon them. Thus, 
the requirements of the UMRA do not apply to the proposed amendments.

E. Executive Order 13132: Federalism

    Executive Order 13132, (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    Today's proposed amendments do not have federalism implications. 
The proposed amendments correct typographical errors, clarify 
provisions, or eliminate unnecessary recordkeeping and reporting 
requirements for emission sources for which there are no control 
requirements. These changes do not modify existing or create new 
responsibilities among EPA Regional Offices, States, or local 
enforcement agencies. The proposed amendments will not have new 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. Thus, Executive Order 13132 does 
not apply to the proposed amendments.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The proposed amendments do not have 
tribal implications as specified in Executive Order 13175. They would 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to these proposed 
amendments.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. Today's proposed amendments 
are not subject to Executive Order 13045 because they do not establish 
an environmental standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy, Supply, Distribution, or Use

    The proposed rule is not a ``significant energy action'' as defined 
in Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that this rule is not likely to have any adverse 
energy effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. In the preamble 
to the OLD NESHAP, we indicated that we had revised the rule to include 
three voluntary consensus methods, including ASTM D7420-99, Standard 
Test Method for Determination of Gaseous Organic Compounds by Direct 
Interface Gas Chromatography-Mass Spectrometry (GC/MS), as an 
alternative to Method 18. While we did

[[Page 69220]]

include two of the three voluntary consensus methods, we neglected to 
add ASTM D7420-99 to the final rule. Therefore, we are proposing 
language adding ASTM D7420-99 as an alternative to Method 18 to 
determine compliance with the organic HAP or TOC emission limit under 
certain circumstances.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: October 31, 2005.
Stephen L. Johnson,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. Section 63.14 is amended by revising paragraph (b)(29) to read 
as follows:


Sec.  63.14  Incorporation by reference.

* * * * *
    (b) * * *
    (29) ASTM D6420-99, Standard Test Method for Determination of 
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry, IBR approved for Sec. Sec.  63.2354, 63.5799, and 
63.5850.
* * * * *

Subpart EEEE--[Amended]

    3. Section 63.2338 is amended by:
    a. Revising paragraphs (b)(3) and (b)(4);
    b. By adding a new paragraph (b)(5);
    c. Revising paragraph (c)(1);
    d. Removing paragraph (c)(2) and redesignating paragraphs (c)(3) 
and (c)(4) as (c)(2) and (c)(3), respectively; and
    e. Revising newly designated paragraphs (c)(2) and (c)(3) to read 
as follows:


Sec.  63.2338  What parts of my plant does this subpart cover?

* * * * *
    (b) * * *
    (3) All equipment leak components in organic liquids service that 
are associated with:
    (i) Storage tanks storing organic liquids;
    (ii) Transfer racks loading or unloading organic liquids;
    (iii) Pipelines that transfer organic liquids directly between two 
storage tanks that are subject to this subpart;
    (iv) Pipelines that transfer organic liquids directly between a 
storage tank subject to this subpart and a transfer rack subject to 
this subpart; and
    (v) Pipelines that transfer organic liquids directly between two 
transfer racks that are subject to this subpart.
    (4) All transport vehicles while they are loading or unloading 
organic liquids at transfer racks subject to this subpart.
    (5) All containers while they are loading or unloading organic 
liquids at transfer racks subject to this subpart.
    (c) * * *
    (1) Storage tanks, transfer racks, transport vehicles, containers, 
and equipment leak components that are part of an affected source under 
another 40 CFR part 63 national emission standards for hazardous air 
pollutants (NESHAP).
    (2) Non-permanent storage tanks, transfer racks, transport 
vehicles, containers, and equipment leak components when used in 
special situation distribution loading and unloading operations (such 
as maintenance or upset liquids management).
    (3) Storage tanks, transfer racks, transport vehicles, containers, 
and equipment leak components when used to conduct maintenance 
activities, such as stormwater management, liquid removal from tanks 
for inspections and maintenance, or changeovers to a different liquid 
stored in a storage tank.
* * * * *
    4. Section 63.2342 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Adding paragraph (a)(3);
    c. Revising paragraph (b)(1);
    d. Adding paragraph (b)(3); and
    e. Revising paragraph (d) to read as follows:


Sec.  63.2342  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to the schedule identified in 
paragraph (a)(1), (2), or (3) of this section, as applicable.
* * * * *
    (3) If, after startup of a new affected source, the total actual 
annual facility-level organic liquid loading volume at that source 
exceeds the criteria for control in Table 2 to this subpart, items 9 
and 10, the owner or operator must comply with the transfer rack 
requirements specified in Sec.  63.2346(b) immediately; that is, be in 
compliance the first day of the period following the end of the 3-year 
period triggering the control criteria.
    (b)(1) If you have an existing affected source, you must comply 
with the emission limitations, operating limits, and work practice 
standards for existing affected sources no later than February 5, 2007, 
except as provided in paragraphs (b)(2) and (3) of this section.
* * * * *
    (3)(i) If an addition or change other than reconstruction as 
defined in Sec.  63.2 is made to an existing affected facility that 
causes the total actual annual facility-level organic liquid loading 
volume to exceed the criteria for control in Table 2 to this subpart, 
items 7 and 8, the owner or operator must comply with the transfer rack 
requirements specified in Sec.  63.2346(b) immediately; that is, be in 
compliance the first day of the period following the end of the 3-year 
period triggering the control criteria.
    (ii) If the owner or operator believes that compliance with the 
transfer rack emission limits cannot be achieved immediately, as 
specified in paragraph (b)(3)(i) of this section, the owner or operator 
may submit a request for a compliance extension, as specified in 
paragraphs (b)(3)(ii)(A) through (I) of this section. Subject to 
paragraph (b)(3)(ii)(B) of this section, until an extension of 
compliance has been granted by the Administrator (or a State with an 
approved permit program) under this paragraph (b)(3)(ii), the owner or 
operator of the transfer rack subject to the requirements of this 
section shall comply with all applicable requirements of this subpart. 
Advice on requesting an extension of compliance may be obtained from 
the Administrator (or the State with an approved permit program).
    (A) Submittal. The owner or operator shall submit a request for a 
compliance extension to the Administrator (or a State, when the State 
has an approved 40 CFR part 70 permit program and the source is 
required to obtain a 40 CFR part 70 permit under that program, or a 
State, when the State has been delegated the authority to implement and 
enforce the emission standard for that source) seeking an extension 
allowing the source up to 1 additional year to comply with the transfer 
rack standard, if such additional period is necessary for the 
installation of controls. The owner or operator of the affected source 
who has requested an extension of compliance under this paragraph 
(b)(3)(ii)(A) and who is otherwise required to obtain a title V permit 
shall apply for such permit, or apply to have the source's

[[Page 69221]]

title V permit revised to incorporate the conditions of the extension 
of compliance. The conditions of an extension of compliance granted 
under this paragraph (b)(3)(ii)(A) will be incorporated into the 
affected source's title V permit according to the provisions of 40 CFR 
part 70 or Federal title V regulations in this chapter (42 U.S.C. 
7661), whichever are applicable.
    (B) When to submit. (1) Any request submitted under paragraph 
(b)(3)(ii)(A) of this section must be submitted in writing to the 
appropriate authority no later than 120 days prior to the affected 
source's compliance date (as specified in paragraph (b)(3)(i) of this 
section), except as provided for in paragraph (b)(3)(ii)(B)(2) of this 
section. Nonfrivolous requests submitted under this paragraph 
(b)(3)(ii)(B)(1) will stay the applicability of the rule as to the 
emission points in question until such time as the request is granted 
or denied. A denial will be effective as of the date of denial.
    (2) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (b)(3)(ii)(B)(1) of this section 
provided the need for the compliance extension arose after that date, 
and before the otherwise applicable compliance date and the need arose 
due to circumstances beyond reasonable control of the owner or 
operator. This request must include, in addition to the information 
required in paragraph (b)(3)(ii)(C) of this section, a statement of the 
reasons additional time is needed and the date when the owner or 
operator first learned of the problems. Nonfrivolous requests submitted 
under this paragraph (b)(3)(ii)(B)(2) will stay the applicability of 
the rule as to the emission points in question until such time as the 
request is granted or denied. A denial will be effective as of the 
original compliance date.
    (C) Information required. The request for a compliance extension 
under paragraph (b)(3)(ii)(A) of this section shall include the 
following information:
    (1) The name and address of the owner or operator and the address 
of the existing source if it differs from the address of the owner or 
operator;
    (2) The name, address, and telephone number of a contact person for 
further information;
    (3) An identification of the organic liquid distribution operation 
and of the specific equipment for which additional compliance time is 
required;
    (4) A description of the controls to be installed to comply with 
the standard;
    (5) Justification for the length of time being requested; and
    (6) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates 
shall include:
    (i) The date by which on-site construction, installation of 
emission control equipment, or a process change is planned to be 
initiated;
    (ii) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be completed; and
    (iii) The date by which final compliance is to be achieved.
    (D) Approval of request for extension of compliance. Based on the 
information provided in any request made under paragraph (b)(3)(ii)(C) 
of this section, or other information, the Administrator (or the State 
with an approved permit program) may grant an extension of compliance 
with the transfer rack emission standard, as specified in paragraph 
(b)(3)(ii) of this section. The extension will be in writing and will--
    (1) Identify each affected source covered by the extension;
    (2) Specify the termination date of the extension;
    (3) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (4) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests);
    (5) Specify the contents of the progress reports to be submitted 
and the dates by which such reports are to be submitted, if required 
pursuant to paragraph (b)(3)(ii)(E) of this section.
    (6) Under paragraph (b)(3)(ii) of this section, specify any 
additional conditions that the Administrator (or the State) deems 
necessary to assure installation of the necessary controls and 
protection of the health of persons during the extension period.
    (E) Progress reports. The owner or operator of an existing source 
that has been granted an extension of compliance under paragraph 
(b)(3)(ii)(D) of this section may be required to submit to the 
Administrator (or the State with an approved permit program) progress 
reports indicating whether the steps toward compliance outlined in the 
compliance schedule have been reached.
    (F) Notification of approval or intention to deny. (1) The 
Administrator (or the State with an approved permit program) will 
notify the owner or operator in writing of approval or intention to 
deny approval of a request for an extension of compliance within 30 
calendar days after receipt of sufficient information to evaluate a 
request submitted under paragraph (b)(3)(ii) of this section. The 
Administrator (or the State) will notify the owner or operator in 
writing of the status of his/her application; that is, whether the 
application contains sufficient information to make a determination, 
within 30 calendar days after receipt of the original application and 
within 30 calendar days after receipt of any supplementary information 
that is submitted. The 30-day approval or denial period will begin 
after the owner or operator has been notified in writing that his/her 
application is complete. Failure by the Administrator to act within 30 
calendar days to approve or disapprove a request submitted under 
paragraph (b)(3)(ii) of this section does not constitute automatic 
approval of the request.
    (2) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (3) Before denying any request for an extension of compliance, the 
Administrator (or the State with an approved permit program) will 
notify the owner or operator in writing of the Administrator's (or the 
State's) intention to issue the denial, together with:
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator (or the State) before further action on the request.
    (4) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth the specific grounds 
on which the denial is based. The final determination will be made 
within 30 calendar days after presentation of additional information or 
argument (if the application is complete), or within 30 calendar days 
after the final date specified for the presentation if no presentation 
is made.
    (G) Termination of extension of compliance. The Administrator (or 
the State with an approved permit program) may terminate an extension 
of compliance at an earlier date than specified if any specification 
under paragraph (b)(3)(ii)(D)(3) or (4) of this section is not met. 
Upon a determination to terminate, the

[[Page 69222]]

Administrator will notify, in writing, the owner or operator of the 
Administrator's determination to terminate, together with:
    (1) Notice of the reason for termination; and
    (2) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
determination to terminate, additional information or arguments to the 
Administrator before further action on the termination.
    (3) A final determination to terminate an extension of compliance 
will be in writing and will set forth the specific grounds on which the 
termination is based. The final determination will be made within 30 
calendar days after presentation of additional information or 
arguments, or within 30 calendar days after the final date specified 
for the presentation if no presentation is made.
    (H) The granting of an extension under this section shall not 
abrogate the Administrator's authority under section 114 of the Clean 
Air Act.
    (I) Limitation on use of compliance extension. The owner or 
operator may request an extension of compliance under the provisions 
specified in paragraph (b)(3)(ii) of this section only once for each 
facility.
* * * * *
    (d) You must meet the notification requirements in Sec. Sec.  
63.2343 and 63.2382(a), as applicable, according to the schedules in 
Sec.  63.2382(a) and (b)(1) through (3) and in subpart A of this part. 
Some of these notifications must be submitted before the compliance 
dates for the emission limitations, operating limits, and work practice 
standards in this subpart.
    5. Section 63.2343 is added to subpart EEEE to read as follows:


Sec.  63.2343  What are my requirements for emission sources not 
requiring control?

    This section establishes the notification, recordkeeping, and 
reporting requirements for emission sources identified in Sec.  63.2338 
that do not require control under this subpart (i.e., under paragraphs 
(a) through (e) of Sec.  63.2346). Such emission sources are not 
subject to any other notification, recordkeeping, or reporting sections 
in this subpart, including Sec.  63.2350(c), except as indicated in 
paragraphs (a) through (d) of this section.
    (a) For each storage tank subject to this subpart having a capacity 
of less than 18.9 cubic meters (5,000 gallons) and for each transfer 
rack subject to this subpart that only unloads organic liquids (i.e., 
no organic liquids are loaded at any of the transfer racks), you must 
keep documentation that verifies that each storage tank and transfer 
rack identified in paragraph (a) of this section is not required to be 
controlled. The documentation must be kept up-to-date (i.e., all such 
emission sources at a facility are identified in the documentation 
regardless of when the documentation was last compiled) and must be in 
a form suitable and readily available for expeditious inspection and 
review according to Sec.  63.10(b)(1), including records stored in 
electronic form in a separate location.
    (b) For each storage tank subject to this subpart having a capacity 
of 18.9 cubic meters (5,000 gallons) or more that is not subject to 
control based on the criteria specified in Table 2 to this subpart, 
items 1 through 6, you must comply with the requirements specified in 
paragraphs (b)(1) through (3) of this section.
    (1)(i) You must submit the information in Sec.  63.2386(c)(1), 
(c)(2), (c)(3), and (c)(10)(i) in either the Notification of Compliance 
Status, according to the schedule specified in Table 12 to this 
subpart, or in your first Compliance report, according to the schedule 
specified in Sec.  63.2386(b), whichever occurs first.
    (ii)(A) If you submit your first Compliance report before your 
NOCS, the NOCS must contain the information specified in Sec.  
63.2386(d)(3) and (4) if any of the changes identified in paragraph (d) 
of this section have occurred since the filing of the first Compliance 
report. If none of the changes identified in paragraph (d) of this 
section have occurred since the filing of the first compliance report, 
you do not need to report the information specified in Sec.  
63.2386(c)(10)(i) when you submit your NOCS.
    (B) If you submit your NOCS before your first compliance report, 
your first Compliance report must contain the information specified in 
Sec.  63.2386(d)(3) and (4) if any of the changes specified in 
paragraph (d) of this section have occurred since the filing of the 
NOCS.
    (iii) If you are already submitting a NOCS or a first Compliance 
report under Sec.  63.2386(c), you do not need to submit a separate 
NOCS or first Compliance report for each storage tank that meets the 
conditions identified in paragraph (b) of this section (i.e., a single 
NOCS or first Compliance report should be submitted).
    (2)(i) You must submit a subsequent Compliance report according to 
the schedule in Sec.  63.2386(b) whenever any of the events in 
paragraph (d) of this section occur, as applicable.
    (ii) Your subsequent Compliance reports must contain the 
information in Sec.  63.2386(c)(1), (2), (3) and, as applicable, in 
Sec.  63.2386(d)(3) and (4). If you are already submitting a subsequent 
Compliance report under Sec.  63.2386(d), you do not need to submit a 
separate subsequent Compliance report for each storage tank that meets 
the conditions identified in paragraph (b) of this section (i.e., a 
single subsequent Compliance report should be submitted).
    (3) For each storage tank that meets the conditions identified in 
paragraph (b) of this section, you must keep documentation, including a 
record of the annual average true vapor pressure of the total Table 1 
organic HAP in the stored organic liquid, that verifies the storage 
tank is not required to be controlled under this subpart. The 
documentation must be kept up-to-date and must be in a form suitable 
and readily available for expeditious inspection and review according 
to Sec.  63.10(b)(1), including records stored in electronic form in a 
separate location.
    (c) For each transfer rack subject to this subpart that loads 
organic liquids but is not subject to control based on the criteria 
specified in Table 2 to this subpart, items 7 through 10, you must 
comply with the requirements specified in paragraphs (c)(1) through (3) 
of this section.
    (1)(i) You must submit the information in Sec.  63.2386(c)(1), 
(c)(2), (c)(3), and (c)(10)(i) in either the Notification of Compliance 
Status, according to the schedule specified in Table 12 to this 
subpart, or a first Compliance report, according to the schedule 
specified in Sec.  63.2386(b), whichever occurs first.
    (ii)(A) If you submit your first Compliance report before your 
NOCS, the NOCS must contain the information specified in Sec.  
63.2386(d)(3) and (4) if any of the changes identified in paragraph (d) 
of this section have occurred since the filing of the first Compliance 
report. If none of the changes identified in paragraph (d) of this 
section have occurred since the filing of the first compliance report, 
you do not need to report the information specified in Sec.  
63.2386(c)(10)(i) when you submit your NOCS.
    (B) If you submit your NOCS before your first compliance report, 
your first Compliance report must contain the information specified in 
Sec.  63.2386(d)(3) and (4) if any of the changes specified in 
paragraph (d) of this section have occurred since the filing of the 
NOCS.
    (iii) If you are already submitting a NOCS or a first Compliance 
report under Sec.  63.2386(c), you do not need to submit a separate 
NOCS or first Compliance report for each transfer rack that meets the 
conditions identified in

[[Page 69223]]

paragraph (b) of this section (i.e., a single NOCS or first Compliance 
report should be submitted).
    (2)(i) You must submit a subsequent Compliance report according to 
the schedule in Sec.  63.2386(b) whenever any of the events in 
paragraph (d) of this section occur, as applicable.
    (ii) Your subsequent Compliance reports must contain the 
information in Sec.  63.2386(c)(1), (2), (3) and, as applicable, in 
Sec.  63.2386(d)(3) and (4). If you are already submitting a subsequent 
Compliance report under Sec.  63.2386(d), you do not need to submit a 
separate subsequent Compliance report for each transfer rack that meets 
the conditions identified in paragraph (c) of this section (i.e., a 
single subsequent Compliance report should be submitted).
    (3) For each transfer rack that meets the conditions identified in 
paragraph (c) of this section, you must keep documentation, including 
the records specified in Sec.  63.2390(d), that verifies the transfer 
rack is not required to be controlled under this subpart. The 
documentation must be kept up-to-date and must be in a form suitable 
and readily available for expeditious inspection and review according 
to Sec.  63.10(b)(1), including records stored in electronic form in a 
separate location.
    (d) If one or more of the events identified in paragraphs (d)(1) 
through (4) of this section occur since the filing of the NOCS or the 
last Compliance report, you must submit a subsequent Compliance report 
as specified in paragraphs (b)(3) and (c)(3) of this section.
    (1) Any storage tank or transfer rack became subject to control 
under this subpart EEE; or
    (2) Any storage tank equal to or greater than 18.9 cubic meters 
(5,000 gallons) became part of the affected source but is not subject 
to any of the emission limitations, operating limits, or work practice 
standards of this subpart; or
    (3) Any transfer rack (except those racks at which only unloading 
of organic liquids occurs) became part of the affected source; or
    (4) Any of the information required in Sec.  63.2386(c)(1), (2), or 
(3) has changed.
    6. Section 63.2346 is amended by:
    a. Revising paragraph (a)(2);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraph (b)(2);
    d. Revising paragraph (b)(3);
    e. Revising paragraph (d) introductory text;
    f. Revising paragraph (e); and
    g. Removing and reserving paragraph (h) to read as follows:


Sec.  63.2346  What emission limitations, operating limits, and work 
practice standards must I meet?

    (a) * * *
    (2) Route emissions to fuel gas systems or back into a process as 
specified in 40 CFR part 63, subpart SS.
* * * * *
    (b) Transfer racks. For each transfer rack that is part of the 
collection of transfer racks that meets the total actual annual 
facility-level organic liquid loading volume criterion for control in 
Table 2 to this subpart, items 7 through 10, you must comply with 
paragraph (b)(1), (2), or (3) of this section for each arm in the 
transfer rack loading an organic liquid whose organic HAP content meets 
the organic HAP criterion for control in Table 2 to this subpart, items 
7 through 10. For existing affected sources, you must comply with 
paragraph (b)(1), (b)(2), or (b)(3)(i) of this section during the 
loading of organic liquids into transport vehicles. For new affected 
sources, you must comply with paragraph (b)(1), (b)(2), or (b)(3)(i) 
and (ii) of this section during the loading of organic liquids into 
transport vehicles and containers. If the total actual annual facility-
level organic liquid loading volume at any affected source is equal to 
or greater than the loading volume criteria for control in Table 2 to 
this subpart, but at a later date is less than the loading volume 
criteria for control, compliance with paragraph (b)(1), (2), or (3) of 
this section is no longer required. For new sources and reconstructed 
sources, as defined in Sec.  63.2338(d) and (e), if at a later date, 
the total actual annual facility-level organic liquid loading volume 
again becomes equal to or greater than the loading volume criteria for 
control in Table 2 to this subpart, the owner or operator must comply 
with paragraph (b)(1), (b)(2), or (b)(3)(i) and (ii) of this section 
immediately, as specified in Sec.  63.2342(a)(3). For existing sources, 
as defined in Sec.  63.2338(f), if at a later date, the total actual 
annual facility-level organic liquid loading volume again becomes equal 
to or greater than the loading volume criteria for control in Table 2 
to this subpart, the owner or operator must comply with paragraph 
(b)(1), (b)(2), or (b)(3)(i) of this section immediately, as specified 
in Sec.  63.2342(b)(3)(i), unless an alternative compliance schedule 
has been approved under Sec.  63.2342(b)(3)(ii) and subject to the use 
limitation specified in Sec.  63.2342(b)(3)(ii)(I).
* * * * *
    (2) Route emissions to fuel gas systems or back into a process as 
specified in 40 CFR part 63, subpart SS.
    (3)(i) Use a vapor balancing system that routes organic HAP vapors 
displaced from the loading of organic liquids into transport vehicles 
to the storage tank from which the liquid being loaded originated or to 
a process unit.
    (ii) Use a vapor balancing system that routes the organic HAP 
vapors displaced from the loading of organic liquids into containers 
directly (e.g., no intervening tank or containment area such as a room) 
to the storage tank from which the liquid being loaded originated or to 
a process unit.
* * * * *
    (d) Transport vehicles. For each transport vehicle equipped with 
vapor collection equipment that is loaded at a transfer rack that is 
subject to control based on the criteria specified in Table 2 to this 
subpart, items 7 through 10, you must comply with paragraph (d)(1) of 
this section. For each transport vehicle without vapor collection 
equipment that is loaded at a transfer rack that is subject to control 
based on the criteria specified in Table 2 to this subpart, items 7 
through 10, you must comply with paragraph (d)(2) of this section.
* * * * *
    (e) Operating limits. For each high throughput transfer rack, you 
must meet each operating limit in Table 3 to this subpart for each 
control device used to comply with the provisions of this subpart 
whenever emissions from the loading of organic liquids are routed to 
the control device. For each storage tank and low throughput transfer 
rack, you must comply with the requirements for monitored parameters as 
specified in subpart SS of this part for storage vessels and, during 
the loading of organic liquids, for low throughput transfer racks, 
respectively. Alternatively, you may comply with the operating limits 
in Table 3 to this subpart.
* * * * *
    (h) [Reserved]
* * * * *
    7. Section 63.2350 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.2350  What are my general requirements for complying with this 
subpart?

* * * * *
    (c) Except for emission sources not required to be controlled as 
specified in Sec.  63.2343, you must develop and implement a written 
startup, shutdown, and malfunction (SSM) plan according to the 
provisions in Sec.  63.6(e)(3).
    8. Section 63.2354 is amended by revising paragraph (b)(3) to read 
as follows:

[[Page 69224]]

Sec.  63.2354  What performance tests, design evaluations, and 
performance evaluations must I conduct?

* * * * *
    (b) * * *
    (3) In addition to EPA Method 25 or 25A of 40 CFR part 60, appendix 
A, to determine compliance with the organic HAP or TOC emission limit, 
you may use EPA Method 18 of 40 CFR part 60, appendix A, as specified 
in paragraph (b)(3)(i) of this section. As an alternative to EPA Method 
18, you may use ASTM D6420-99, Standard Test Method for Determination 
of Gaseous Organic Compounds by Direct Interface Gas Chromatography-
Mass Spectrometry (GC/MS) (incorporated by reference, see Sec.  63.14), 
under the conditions specified in paragraph (b)(3)(ii) of this section.
    (i)(A) If you use EPA Method 18 to measure compliance with the 
percentage efficiency limit, you must first determine which organic HAP 
are present in the inlet gas stream (i.e., uncontrolled emissions) 
using knowledge of the organic liquids or the screening procedure 
described in EPA Method 18. In conducting the performance test, you 
must analyze samples collected as specified in EPA Method 18, 
simultaneously at the inlet and outlet of the control device. Quantify 
the emissions for the same organic HAP identified as present in the 
inlet gas stream for both the inlet and outlet gas streams of the 
control device.
    (B) If you use EPA Method 18 of 40 CFR part 60, appendix A, to 
measure compliance with the emission concentration limit, you must 
first determine which organic HAP are present in the inlet gas stream 
using knowledge of the organic liquids or the screening procedure 
described in EPA Method 18. In conducting the performance test, analyze 
samples collected as specified in EPA Method 18 at the outlet of the 
control device. Quantify the control device outlet emission 
concentration for the same organic HAP identified as present in the 
inlet or uncontrolled gas stream.
    (ii) You may use ASTM D6420-99 as an alternative to EPA Method 18 
if the target concentration is between 150 ppbv and 100 ppmv and either 
of the conditions specified in paragraph (b)(2)(ii)(A) or (B) of this 
section exists. For target compounds not listed in Section 1.1 of ASTM 
D6420-99 and not amenable to detection by mass spectrometry, you may 
not use ASTM D6420-99.
    (A) The target compounds are those listed in Section 1.1 of ASTM 
D6420-99; or
    (B) For target compounds not listed in Section 1.1 of ASTM D6420-
99, but potentially detected by mass spectrometry, the additional 
system continuing calibration check after each run, as detailed in ASTM 
D6420-99, Section 10.5.3, must be followed, met, documented, and 
submitted with the data report, even if there is no moisture condenser 
used or the compound is not considered water-soluble.
* * * * *
    9. Section 63.2362 is amended by revising paragraph (b)(1) to read 
as follows:


Sec.  63.2362  When must I conduct subsequent performance tests?

* * * * *
    (b)(1) For each transport vehicle that you own that is equipped 
with vapor collection equipment and that is loaded with organic liquids 
at a transfer rack that is subject to control based on the criteria 
specified in Table 2 to this subpart, items 7 through 10, you must 
perform the vapor tightness testing required in Table 5 to this 
subpart, item 2, on that transport vehicle at least once per year.
* * * * *
    10. Section 63.2382 is amended by revising paragraphs (d)(2)(iv), 
(v), (vi), (vii), and (viii) to read as follows:


Sec.  63.2382  What notifications must I submit and when and what 
information should be submitted?

* * * * *
    (d) * * *
    (2) * * *
    (iv) Descriptions of worst-case operating and/or testing conditions 
for the control device(s).
    (v) Identification of emission sources subject to overlapping 
requirements described in Sec.  63.2396 and the authority under which 
you will comply.
    (vi) The applicable information specified in Sec.  63.1039(a)(1) 
through (3) for all pumps and valves subject to the work practice 
standards for equipment leak components in Table 4 to this subpart, 
item 4.
    (vii) If you are complying with the vapor balancing work practice 
standard for transfer racks according to Table 4 to this subpart, item 
3.a, include a statement to that effect and a statement that the 
pressure vent settings on the affected storage tanks are greater than 
or equal to 2.5 pounds per square inch gauge (psig).
    (viii) The information specified in Sec.  63.2386(c)(10)(i), unless 
the information has already been submitted with the first Compliance 
report. If the information specified in Sec.  63.2386(c)(10)(i) has 
already been submitted with the first Compliance report, the 
information specified in Sec.  63.2386(d)(3) and (4), as applicable, 
shall be submitted instead.
    11. Section 63.2386 is amended by:
    a. Revising paragraph (b)(3);
    b. Revising paragraph (c)(4);
    c. Redesignating paragraph (c)(10) as (c)(9) and paragraph (c)(9) 
as (c)(10);
    e. Revising newly designated paragraphs (c)(9) and (c)(10);
    f. Revising paragraph (d) introductory text;
    g. Removing paragraph (d)(3); and
    h. Adding new paragraphs (d)(3) and (d)(4) to read as follows:


Sec.  63.2386  What reports must I submit and when and what information 
is to be submitted in each?

* * * * *
    (b) * * *
    (3) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent Compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) and (2) of this 
section.
    (c) * * *
    (4) Any changes to the information listed in Sec.  63.2382(d)(2) 
that have occurred since the submittal of the Notification of 
Compliance Status.
* * * * *
    (9) A listing of all transport vehicles into which organic liquids 
were loaded at transfer racks that are subject to control based on the 
criteria specified in Table 2 to this subpart, items 7 through 10, 
during the previous 6 months for which vapor tightness documentation as 
required in Sec.  63.2390(c) was not on file at the facility.
    (10)(i) A listing of all transfer racks (except those racks at 
which only unloading of organic liquids occurs) and of tanks greater 
than or equal to 18.9 cubic meters (5,000 gallons) that are part of the 
affected source but are not subject to any of the emission limitations, 
operating limits, or work practice standards of this subpart.
    (ii) If the information specified in paragraph (c)(10)(i) of this 
section has already been submitted with the NOCS, the information 
specified in paragraphs (d)(3) and (4) of this section, as applicable, 
shall be submitted instead.
    (d) Subsequent Compliance reports. Subsequent Compliance reports 
must contain the information in paragraphs (c)(1) through (9) of this 
section and, where applicable, the information in

[[Page 69225]]

paragraphs (d)(1) through (4) of this section.
* * * * *
    (3)(i) A listing of any storage tank that became subject to 
controls based on the criteria for control specified in Table 2 to this 
subpart, items 1 through 6, since the filing of the last Compliance 
report.
    (ii) A listing of any transfer rack that became subject to controls 
based on the criteria for control specified in Table 2 to this subpart, 
items 7 through 10, since the filing of the last Compliance report.
    (4)(i) A listing of tanks greater than or equal to 18.9 cubic 
meters (5,000 gallons) that became part of the affected source but are 
not subject to any of the emission limitations, operating limits, or 
work practice standards of this subpart, since the last Compliance 
report.
    (ii) A listing of all transfer racks (except those racks at which 
only the unloading of organic liquids occurs) that became part of the 
affected source but are not subject to any of the emission limitations, 
operating limits, or work practice standards of this subpart, since the 
last Compliance report.
* * * * *
    12. Section 63.2390 is amended by:
    a. Revising paragraphs (a) and (b);
    b. Revising paragraph (c) introductory text;
    c. Redesignating paragraph (c)(3) as (d);
    d. Adding a new paragraph (c)(3); and
    e. Revising newly designated paragraph (d) to read as follows:


Sec.  63.2390  What records must I keep?

    (a) For each emission source identified in Sec.  63.2338 that does 
not require control under this subpart, you must keep all records 
identified in Sec.  63.2343.
    (b) For each emission source identified in Sec.  63.2338 that does 
require control under this subpart:
    (1) You must keep all records identified in subpart SS of this part 
and in Table 12 to this subpart that are applicable, including records 
related to notifications and reports, SSM, performance tests, CMS, and 
performance evaluation plans; and
    (2) You must keep the records required to show continuous 
compliance, as required in subpart SS of this part and in Tables 8 
through 10 to this subpart, with each emission limitation, operating 
limit, and work practice standard that applies to you.
    (c) For each transport vehicle into which organic liquids are 
loaded at a transfer rack that is subject to control based on the 
criteria specified in Table 2 to this subpart, items 7 through 10, you 
must keep the applicable records in paragraphs (c)(1) and (2) of this 
section or alternatively the verification records in paragraph (c)(3) 
of this section.
* * * * *
    (3) In lieu of keeping the records specified in paragraph (c)(1) or 
(2) of this section, as applicable, the owner or operator shall record 
that the verification of DOT tank certification or Method 27 of 
appendix A to 40 CFR part 60 testing, required in Table 5 to this 
subpart, item 2, has been performed. Various methods for the record of 
verification can be used, such as: a check-off on a log sheet, a list 
of DOT serial numbers or Method 27 data, or a position description for 
gate security showing that the security guard will not allow any trucks 
on site that do not have the appropriate documentation.
    (d) You must keep records of the total actual annual facility-level 
organic liquid loading volume as defined in Sec.  63.2406 through 
transfer racks to document the applicability, or lack thereof, of the 
emission limitations in Table 2 to this subpart, items 7 through 10.
    13. Section 63.2394 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.2394  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious inspection and review according to Sec.  63.10(b)(1), 
including records stored in electronic form at a separate location.
* * * * *
    14. Section 63.2396 is amended by revising paragraphs (a) and (b) 
to read as follows:


Sec.  63.2396  What compliance options do I have if part of my plant is 
subject to both this subpart and another subpart?

    (a) Compliance with other regulations for storage tanks.--(1) After 
the compliance dates specified in Sec.  63.2342, you are in compliance 
with the provisions of this subpart for any storage tank that is 
assigned to the OLD affected source and that is both controlled with a 
floating roof and is in compliance with the provisions of either 40 CFR 
part 60, subpart Kb, or 40 CFR part 61, subpart Y, except that records 
shall be kept for 5 years rather than 2 years for storage tanks that 
are assigned to the OLD affected source.
    (2) After the compliance dates specified in Sec.  63.2342, you are 
in compliance with the provisions of this subpart for any storage tank 
with a fixed roof that is assigned to the OLD affected source and that 
is both controlled with a closed vent system and control device and is 
in compliance with either 40 CFR part 60, subpart Kb, or 40 CFR part 
61, subpart Y, except that you must comply with the monitoring, 
recordkeeping, and reporting requirements in this subpart.
    (3) As an alternative to paragraphs (a)(1) and (2) of this section, 
if a storage tank assigned to the OLD affected source is subject to 
control under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, 
you may elect to comply only with the requirements of this subpart for 
storage tanks meeting the applicability criteria for control in Table 2 
to this subpart.
    (b) Compliance with other regulations for transfer racks. After the 
compliance dates specified in Sec.  63.2342, if you have a transfer 
rack that is subject to 40 CFR part 61, subpart BB, and that transfer 
rack is in OLD operation, you must meet all of the requirements of this 
subpart for that transfer rack when the transfer rack is in OLD 
operation during the loading of organic liquids.
* * * * *
    15. Section 63.2402 is amended by revising paragraphs (b)(2), 
(b)(3), and (b)(4) to read as follows:


Sec.  63.2402  Who implements and enforces this subpart?

* * * * *
    (b) * * *
    (2) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.
    16. Section 63.2406 is amended by:
    a. Revising the introductory text;
    b. Revising the definitions of ``Shutdown,'' ``Startup,'' 
``Transfer rack,'' ``Vapor balancing system,'' and ``Vapor collection 
system,'' and paragraph (3) of the definition for ``Storage tank;'' and
    c. Adding in alphabetical order definitions for ``Bottoms 
receivers,'' ``High throughput transfer rack,'' ``Low throughput 
transfer rack,'' ``Surge control vessel,'' and ``Total actual annual 
facility-level organic liquid loading volume'' to read as follows:


Sec.  63.2406  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec.  63.2, 
40 CFR part 63, subparts H, PP, SS, TT, UU, and WW, and in this 
section. If the same term is defined in another subpart and in this 
section, it will have the meaning given in this section for purposes of 
this

[[Page 69226]]

subpart. Notwithstanding the introductory language in Sec.  63.921, the 
terms ``container'' and ``safety device'' shall have the meaning found 
in this subpart and not in Sec.  63.921.
* * * * *
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further processing 
downstream.
* * * * *
    High throughput transfer rack means those transfer racks that 
transfer into transport vehicles (for existing affected sources) or 
into transport vehicles and containers (for new affected sources) a 
total of 11.8 million liters per year or greater of organic liquids.
* * * * *
    Low throughput transfer rack means those transfer racks that 
transfer into transport vehicles (for existing affected sources) or 
into transport vehicles and containers (for new affected sources) less 
than 11.8 million liters per year of organic liquids.
* * * * *
    Shutdown means the cessation of operation of an OLD affected 
source, or portion thereof (other than as part of normal operation of a 
batch-type operation), including equipment required or used to comply 
with this subpart, or the emptying and degassing of a storage tank. 
Shutdown as defined here includes, but is not limited to, events that 
result from periodic maintenance, replacement of equipment, or repair.
    Startup means the setting in operation of an OLD affected source, 
or portion thereof (other than as part of normal operation of a batch-
type operation), for any purpose. Startup also includes the placing in 
operation of any individual piece of equipment required or used to 
comply with this subpart including, but not limited to, control devices 
and monitors.
    Storage tank * * *
    (3) Bottoms receivers;
* * * * *
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within chemical 
manufacturing processes when in-process storage, mixing, or management 
of flow rates or volumes is needed to assist in production of a 
product.
* * * * *
    Total actual annual facility-level organic liquid loading volume 
means the total facility-level actual volume of organic liquid loaded 
for transport within or out of the facility through transfer racks that 
are part of the affected source into transport vehicles (for existing 
affected sources) or into transport vehicles and containers (for new 
affected sources) based on a 3-year rolling average, calculated 
annually.
    (1) For existing affected sources, each 3-year rolling average is 
based on actual facility-level loading volume during each calendar year 
(January 1 through December 31) in the 3-year period. For calendar year 
2004 only (the first year of the initial 3-year rolling average), if an 
owner or operator of an affected source does not have actual loading 
volume data for the time period from January 1, 2004, through February 
2, 2004 (the time period prior to the effective date of the OLD 
NESHAP), the owner or operator shall compute a facility-level loading 
volume for this time period as follows: At the end of the 2004 calendar 
year, the owner or operator shall calculate a daily average facility-
level loading volume (based on the actual loading volume for February 
3, 2004, through December 31, 2004) and use that daily average to 
estimate the facility-level loading volume for the period of time from 
January 1, 2004, through February 2, 2004. The owner or operator shall 
then sum the estimated facility-level loading volume from January 1, 
2004, through February 2, 2004, and the actual facility-level loading 
volume from February 3, 2004, through December 31, 2004, to calculate 
the annual facility-level loading volume for calendar year 2004.
    (2)(i) For new affected sources, the 3-year rolling average is 
calculated as an average of three 12-month periods. An owner or 
operator must select as the beginning calculation date with which to 
start the calculations as either the initial startup date of the new 
affected source or the first day of the calendar month following the 
month in which startup occurs. Once selected, the date with which the 
calculations begin cannot be changed.
    (ii) The initial 3-year rolling average is based on the projected 
maximum facility-level annual loading volume for each of the 3 years 
following the selected beginning calculation date. The second 3-year 
rolling average is based on actual facility-level loading volume for 
the first year of operation plus a new projected maximum facility-level 
annual loading volume for second and third years following the selected 
beginning calculation date. The third 3-year rolling average is based 
on actual facility-level loading volume for the first 2 years of 
operation plus a new projected maximum annual facility-level loading 
volume for the third year following the beginning calculation date. 
Subsequent 3-year rolling averages are based on actual facility-level 
loading volume for each year in the 3-year rolling average.
    Transfer rack means a single system used to load organic liquids 
into, or unload organic liquids out of, transport vehicles or 
containers. It includes all loading and unloading arms, pumps, meters, 
shutoff valves, relief valves, and other piping and equipment necessary 
for the transfer operation. Transfer equipment and operations that are 
physically separate (i.e., do not share common piping, valves, and 
other equipment) are considered to be separate transfer racks.
* * * * *
    Vapor balancing system means a piping system that collects organic 
HAP vapors displaced from transport vehicles or containers during 
loading and routes the collected vapors to the storage tank from which 
the liquid being loaded originated or compresses the vapors for direct 
conveyance to a chemical manufacturing process unit. For containers, 
the piping system must route the displaced vapors directly to the 
appropriate storage tank or process unit in order to qualify as a vapor 
balancing system.
    Vapor collection system means any equipment located at the source 
(i.e., at the OLD operation) that is not open to the atmosphere; that 
is composed of piping, connections, and, if necessary, flow-inducing 
devices; and that is used for:
    (1) Containing and conveying vapors displaced during the loading of 
transport vehicles to a control device;
    (2) Containing and directly conveying vapors displaced during the 
loading of containers; or
    (3) Vapor balancing. This does not include any of the vapor 
collection equipment that is installed on the transport vehicle.
* * * * *
    17. Table 2 to Subpart EEEE of Part 63 is amended by revising 
entries 1, 6, 7, 8, 9, and 10 to read as follows:

[[Page 69227]]



          Table 2 to Subpart EEEE of Part 63.--Emission Limits
                              * * * * * * *
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage tank at an       a. The stored         i. Reduce emissions
 existing affected source      organic liquid is     of total organic
 with a capacity >=18.9        not crude oil and     HAP (or, upon
 cubic meters (5,000           if the annual         approval, TOC) by
 gallons) and <189.3 cubic     average true vapor    at least 95 weight-
 meters (50,000 gallons).      pressure of the       percent or, as an
                               total Table 1         option, to an
                               organic HAP in the    exhaust
                               stored organic        concentration less
                               liquid is >=27.6      than or equal to 20
                               kilopascals (4.0      ppmv, on a dry
                               psia) and <76.6       basis corrected to
                               kilopascals (11.1     3% oxygen for
                               psia).                combustion devices
                                                     using supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS; OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, items 1.a
                                                     or 1.b for tanks
                                                     storing liquids
                                                     described in that
                                                     table.
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil.            1.a.i or 1.a.ii of
                                                     this table.
 
                              * * * * * * *
6. A storage tank at an       a. The stored         i. Reduce emissions
 existing, reconstructed, or   organic liquid is     of total organic
 new affected source meeting   not crude oil and     HAP (or, upon
 the capacity criteria         if the annual         approval, TOC) by
 specified in Table 2 of       average true vapor    at least 95 weight-
 this subpart, items 1         pressure of the       percent or, as an
 through 5.                    total Table 1         option, to an
                               organic HAP in the    exhaust
                               stored organic        concentration less
                               liquid is >=76.6      than or equal to 20
                               kilopascals (11.1     ppmv, on a dry
                               psia).                basis corrected to
                                                     3% oxygen for
                                                     combustion devices
                                                     using supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS; OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, item 2.a,
                                                     for tanks storing
                                                     the liquids
                                                     described in that
                                                     table.
7. A transfer rack at an      a. The total Table 1  i. For all such
 existing facility where the   organic HAP content   loading arms at the
 total actual annual           of the organic        rack, reduce
 facility-level organic        liquid being loaded   emissions of total
 liquid loading volume         through one or more   organic HAP (or,
 through transfer racks is     of the transfer       upon approval, TOC)
 equal to or greater than      rack's arms is at     from the loading of
 800,000 gallons and less      least 98% by weight   organic liquids
 than 10 million gallons.      and is being loaded   either by venting
                               into a transport      the emissions that
                               vehicle.              occur during
                                                     loading through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS,
                                                     achieving at least
                                                     98 weight-percent
                                                     HAP reduction, OR,
                                                     as an option, to an
                                                     exhaust
                                                     concentration less
                                                     than or equal to 20
                                                     ppmv, on a dry
                                                     basis corrected to
                                                     3% oxygen for
                                                     combustion devices
                                                     using supplemental
                                                     combustion air; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item 3
                                                     of Table 4 to this
                                                     subpart.
8. A transfer rack at an      a. One or more of     i. See the
 existing facility where the   the transfer rack's   requirements in
 total actual annual           arms is loading an    items 7.a.i and
 facility-level organic        organic liquid into   7.a.ii of this
 liquid loading volume         a transport           table.
 through transfer racks is     vehicle.
 >=10 million gallons.
9. A transfer rack at a new   a. The total Table 1  i. See the
 facility where the total      organic HAP content   requirements in
 actual annual facility-       of the organic        items 7.a.i and
 level organic liquid          liquid being loaded   7.a.ii of this
 loading volume through        through one or more   table.
 transfer racks is less than   of the transfer
 800,000 gallons.              rack's arms is at
                               least 25% by weight
                               and is being loaded
                               into a transport
                               vehicle.
                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.

[[Page 69228]]

 
10. A transfer rack at a new  a. One or more of     i. See the
 facility where the total      the transfer rack's   requirements in
 actual annual facility-       arms is loading an    items 7.a.i and
 level organic liquid          organic liquid into   7.a.ii of this
 loading volume through        a transport           table.
 transfer racks is equal to    vehicle.             i. For all such
 or greater than 800,000      b. One or more of      loading arms at the
 gallons.                      the transfer rack's   rack during the
                               arms is filling a     loading of organic
                               container with a      liquids, comply
                               capacity equal to     with the provisions
                               or greater than 55    of Sec.  Sec.
                               gallons.              63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.
------------------------------------------------------------------------

    18. Table 3 to Subpart EEEE of Part 63 is amended by revising 
entries 3, 5, and 6 to read as follows:

 Table 3 to Subpart EEEE of Part 63.--Operating Limits--High Throughput
                             Transfer Racks
                              * * * * * * *
------------------------------------------------------------------------
       For each existing, each
 reconstructed, and each new affected            You must . . .
          source using . . .
------------------------------------------------------------------------
 
                              * * * * * * *
3. An absorber to comply with an       a. Maintain the daily average
 emission limit in Table 2 to this      concentration level of organic
 subpart.                               compounds in the absorber
                                        exhaust less than or equal to
                                        the reference concentration
                                        established during the design
                                        evaluation or performance test
                                        that demonstrated compliance
                                        with the emission limit; OR
                                       b. Maintain the daily average
                                        scrubbing liquid temperature
                                        less than or equal to the
                                        reference temperature
                                        established during the design
                                        evaluation or performance test
                                        that demonstrated compliance
                                        with the emission limit; AND
                                        Maintain the difference between
                                        the specific gravities of the
                                        saturated and fresh scrubbing
                                        fluids greater than or equal to
                                        the difference established
                                        during the design evaluation or
                                        performance test that
                                        demonstrated compliance with the
                                        emission limit.
 
                              * * * * * * *
5. An adsorption system with           a. Maintain the daily average
 adsorbent regeneration to comply       concentration level of organic
 with an emission limit in Table 2 to   compounds in the adsorber
 this subpart.                          exhaust less than or equal to
                                        the reference concentration
                                        established during the design
                                        evaluation or performance test
                                        that demonstrated compliance
                                        with the emission limit; OR
                                       b. Maintain the total
                                        regeneration stream mass flow
                                        during the adsorption bed
                                        regeneration cycle greater than
                                        or equal to the reference stream
                                        mass flow established during the
                                        design evaluation or performance
                                        test that demonstrated
                                        compliance with the emission
                                        limit; AND Before the adsorption
                                        cycle commences, achieve and
                                        maintain the temperature of the
                                        adsorption bed after
                                        regeneration less than or equal
                                        to the reference temperature
                                        established during the design
                                        evaluation or performance test
                                        that demonstrated compliance
                                        with the emission limit; AND
                                        Achieve a pressure reduction
                                        during each adsorption bed
                                        regeneration cycle greater than
                                        or equal to the pressure
                                        reduction established during the
                                        design evaluation or performance
                                        test that demonstrated
                                        compliance with the emission
                                        limit.
6. An adsorption system without        a. Maintain the daily average
 adsorbent regeneration to comply       concentration level of organic
 with an emission limit in Table 2 to   compounds in the adsorber
 this subpart.                          exhaust less than or equal to
                                        the reference concentration
                                        established during the design
                                        evaluation or performance test
                                        that demonstrated compliance
                                        with the emission limit; OR
                                       b. Replace the existing adsorbent
                                        in each segment of the bed with
                                        an adsorbent that meets the
                                        replacement specifications
                                        established during the design
                                        evaluation or performance test
                                        before the age of the adsorbent
                                        exceeds the maximum allowable
                                        age established during the
                                        design evaluation or performance
                                        test that demonstrated
                                        compliance with the emission
                                        limit; AND Maintain the
                                        temperature of the adsorption
                                        bed less than or equal to the
                                        reference temperature
                                        established during the design
                                        evaluation or performance test
                                        that demonstrated compliance
                                        with the emission limit.
 
                              * * * * * * *
------------------------------------------------------------------------

    19. Table 4 to Subpart EEEE to Part 63 is revised to read as 
follows:

[[Page 69229]]



      Table 4 to Subpart EEEE of Part 63.--Work Practice Standards
  [As stated in Sec.   63.2346, you may elect to comply with one of the
  work practice standards for existing, reconstructed, or new affected
      sources in the following table. If you elect to do so, . . .]
------------------------------------------------------------------------
        For each . . .                       You must . . .
------------------------------------------------------------------------
1. Storage tank at an          a. Comply with the requirements of 40 CFR
 existing, reconstructed, or    part 63, subpart WW (control level 2),
 new affected source meeting    if you elect to meet 40 CFR part 63,
 any set of tank capacity and   subpart WW (control level 2),
 organic HAP vapor pressure     requirements as an alternative to the
 criteria specified in Table    emission limit in Table 2 to this
 2 to this subpart, items 1     subpart, items 1 through 5; or
 through 5.                    b. Comply with the requirements of Sec.
                                63.984 for routing emissions to a fuel
                                gas system or back to a process.
2. Storage tank at an          a. Comply with the requirements of Sec.
 existing, reconstructed, or    63.984 for routing emissions to a fuel
 new affected source meeting    gas system or back to a process.
 any set of tank capacity and
 organic HAP vapor pressure
 criteria specified in Table
 2 to this subpart, item 6.
3. Transfer rack subject to    a. If the option of a vapor balancing
 control based on the           system is selected, install and, during
 criteria specified in Table    the loading of organic liquids, operate
 2 to this subpart, items 7     a system that meets the requirements in
 through 10, at an existing,    Table 7 to this subpart, item 3.b.i. and
 reconstructed, or new          item 3.b.ii, as applicable; or
 affected source.              b. Comply with the requirements of Sec.
                                63.984 during the loading of organic
                                liquids, for routing emissions to a fuel
                                gas system or back to a process.
4. Pump, valve, and sampling   Comply with the requirements for pumps,
 connection that operates in    valves, and sampling connections in 40
 organic liquids service at     CFR part 63, subpart TT (control level
 least 300 hours per year at    1), subpart UU (control level 2), or
 an existing, reconstructed,    subpart H.
 or new affected source.
5. Transport vehicles          Follow the steps in 40 CFR 60.502(e) to
 equipped with vapor            ensure that organic liquids are loaded
 collection equipment that      only into vapor-tight transport
 are loaded at transfer racks   vehicles, and comply with the provisions
 that are subject to control    in 40 CFR 60.502(f), (g), (h), and (i),
 based on the criteria          except substitute the term transport
 specified in Table 2 to this   vehicle at each occurrence of tank truck
 subpart, items 7 through 10.   or gasoline tank truck in those
                                paragraphs.
6. Transport vehicles          Ensure that organic liquids are loaded
 equipped without vapor         only into transport vehicles that have a
 collection equipment that      current certification in accordance with
 are loaded at transfer racks   the U.S. DOT pressure test requirements
 that are subject to control    in 49 CFR 180 (cargo tanks) or 49 CFR
 based on the criteria          173.31 (tank cars).
 specified in Table 2 to this
 subpart, items 7 through 10.
------------------------------------------------------------------------

    20. Table 5 to Subpart EEEE of Part 63 is revised to read as 
follows:

                             Table 5 to Subpart EEEE of Part 63.--Requirements for Performance Tests and Design Evaluations
   [As stated in Sec.  Sec.   63.2354(a) and 63.2362, you must comply with the requirements for performance tests and design evaluations for existing,
                                                   reconstructed, or new affected sources as follows]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      According to the
             For . . .               You must conduct . . .    According to . . .         Using . . .         To determine . . .         following
                                                                                                                                     requirements . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Each existing, each               a. A performance test   i. Sec.   63.985        (1) EPA Method 1 or    (A) Sampling port      (i) Sampling sites
 reconstructed, and each new          to determine the        (b)(1)(ii), Sec.        1A in appendix A of    locations and the      must be located at
 affected source using a nonflare     organic HAP (or, upon   63.988(b), Sec.         40 CFR part 60, as     required number of     the inlet and outlet
 control device to comply with an     approval, TOC)          63.990(b), or Sec.      appropriate.           traverse points.       of each control
 emission limit in Table 2 to this    control efficiency of   63.995(b).                                                            device if complying
 subpart, items 1 through 10.         each nonflare control                                                                         with the control
                                      device, OR the                                                                                efficiency
                                      exhaust concentration                                                                         requirement or at
                                      of each combustion                                                                            the outlet of the
                                      device; OR                                                                                    control device if
                                                                                                                                    complying with the
                                                                                                                                    exhaust
                                                                                                                                    concentration
                                                                                                                                    requirement; AND
                                                                                                                                   (ii) the outlet
                                                                                                                                    sampling site must
                                                                                                                                    be located at each
                                                                                                                                    control device prior
                                                                                                                                    to any releases to
                                                                                                                                    the atmosphere.
                                                                                     (2) EPA Method 2, 2A,  (A) Stack gas          See the requirements
                                                                                      2C, 2D, 2F, or 2G in   velocity and           in items
                                                                                      appendix A of 40 CFR   volumetric flow rate.  1.a.i.(1)(A) (i) and
                                                                                      part 60, as                                   (ii) of this table.
                                                                                      appropriate.

[[Page 69230]]

 
                                                                                     (3) EPA Method 3 or    (A) Concentration of   See the requirements
                                                                                      3B in appendix A of    CO2 and O2 and dry     in items
                                                                                      40 CFR part 60, as     molecular weight of    1.a.i.(1)(A) (i) and
                                                                                      appropriate.           the stack gas.         (ii) of this table.
                                                                                     (4) EPA Method 4 in    (A) Moisture content   See the requirements
                                                                                      appendix A of 40 CFR   of the stack gas.      in items
                                                                                      part 60.                                      1.a.i.(1)(A) (i) and
                                                                                                                                    (ii) of this table.
                                                                                     (5) EPA Method 18,     (A) Total organic HAP  (i) The organic HAP
                                                                                      25, or 25A in          (or, upon approval,    used for the
                                                                                      appendix A of 40 CFR   TOC), or               calibration gas for
                                                                                      part 60, as            formaldehyde           EPA Method 25A must
                                                                                      appropriate, or EPA    emissions.             be the single
                                                                                      Method 316 in                                 organic HAP
                                                                                      appendix A of 40 CFR                          representing the
                                                                                      part 63 for                                   largest percent by
                                                                                      measuring                                     volume of emissions;
                                                                                      formaldehyde.                                 AND
                                                                                                                                   (ii) During the
                                                                                                                                    performance test,
                                                                                                                                    you must establish
                                                                                                                                    the operating
                                                                                                                                    parameter limits
                                                                                                                                    within which total
                                                                                                                                    organic HAP (or,
                                                                                                                                    upon approval, TOC)
                                                                                                                                    emissions are
                                                                                                                                    reduced by the
                                                                                                                                    required weight-
                                                                                                                                    percent or, as an
                                                                                                                                    option for nonflare
                                                                                                                                    combustion devices,
                                                                                                                                    to 20 ppmv exhaust
                                                                                                                                    concentration.
                                     b. A design evaluation  Sec.   63.985           .....................  .....................  During a design
                                      (for nonflare control   (b)(1)(i).                                                            evaluation, you must
                                      devices) to determine                                                                         establish the
                                      the organic HAP (or,                                                                          operating parameter
                                      upon approval, TOC)                                                                           limits within which
                                      control efficiency of                                                                         total organic HAP,
                                      each nonflare control                                                                         (or, upon approval,
                                      device, or the                                                                                TOC) emissions are
                                      exhaust concentration                                                                         reduced by at least
                                      of each combustion                                                                            95 weight-percent or
                                      control device.                                                                               as an option to 20
                                                                                                                                    ppmv exhaust
                                                                                                                                    concentration.
2. Each transport vehicle that you   A performance test to   ......................  EPA Method 27 in       Vapor tightness......  The pressure change
 own that is equipped with vapor      determine the vapor                             appendix A of 40 CFR                          in the tank must be
 collection equipment and is loaded   tightness of the tank                           part 60.                                      no more than 250
 with organic liquids at a transfer   and then repair as                                                                            pascals (1 inch of
 rack that is subject to control      needed until it                                                                               water) in 5 minutes
 based on the criteria specified in   passes the test.                                                                              after it is
 Table 2 to this subpart, items 7                                                                                                   pressurized to 4,500
 through 10, at an existing,                                                                                                        pascals (18 inches
 reconstructed, or new affected                                                                                                     of water).
 source.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 69231]]

    21. Table 6 to Subpart EEEE of Part 63 is amended by revising entry 
2 to read as follows:

  Table 6 to Subpart EEEE of Part 63.--Initial Compliance With Emission
                                 Limits
                              * * * * * * *
------------------------------------------------------------------------
                                                          You have
       For each . . .           For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
 
                              * * * * * * *
2. Transfer rack that is      Reduce total organic  Total organic HAP
 subject to control based on   HAP (or, upon         (or, upon approval,
 the criteria specified in     approval, TOC)        TOC) emissions from
 Table 2 to this subpart,      emissions from the    the loading of
 items 7 through 10, at an     loading of organic    organic liquids,
 existing, reconstructed, or   liquids by at least   based on the
 new affected source.          98 weight-percent,    results of the
                               or as an option for   performance testing
                               combustion devices    or design
                               to an exhaust         evaluation
                               concentration of <=   specified in Table
                               20 ppmv.              5 to this subpart,
                                                     item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     98 weight-percent
                                                     or as an option for
                                                     combustion devices
                                                     to an exhaust
                                                     concentration of <=
                                                     20 ppmv.
------------------------------------------------------------------------

    22. Table 7 to Subpart EEEE of Part 63 is revised to read as 
follows:

    Table 7 to Subpart EEEE of Part 63.--Initial Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                                          You have
       For each . . .             If you . . .      demonstrated initial
                                                     compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an         a. Install a          i. After emptying
 existing affected source      floating roof or      and degassing, you
 meeting either set of tank    equivalent control    visually inspect
 capacity and liquid organic   that meets the        each internal
 HAP vapor pressure criteria   requirements in       floating roof
 specified in Table 2 to       Table 4 to this       before the
 this subpart, items 1 or 2.   subpart, item 1.a.    refilling of the
                                                     storage tank and
                                                     perform seal gap
                                                     inspections of the
                                                     primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the refilling
                                                     of the storage
                                                     tank.
                              b. Route emissions    i. You meet the
                               to a fuel gas         requirements in
                               system or back to a   Sec.   63.984(b)
                               process.              and submit the
                                                     statement of
                                                     connection required
                                                     by Sec.
                                                     63.984(c).
2. Storage tank at a          a. Install a          i. You visually
 reconstructed or new          floating roof or      inspect each
 affected source meeting any   equivalent control    internal floating
 set of tank capacity and      that meets the        roof or before the
 liquid organic HAP vapor      requirements in       initial filling of
 pressure criteria specified   Table 4 to this       the storage tank,
 in Table 2 to this subpart,   subpart, item 1.a.    and perform seal
 items 3 through 5.                                  gap inspections of
                                                     the primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the initial
                                                     filling of the
                                                     storage tank.
                              b. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or back to a
                               process.
3. Transfer rack that is      a. Load organic       i. You comply with
 subject to control based on   liquids only into     the provisions
 the criteria specified in     transport vehicles    specified in Table
 Table 2 to this subpart,      having current        4 to this subpart,
 items 7 through 10, at an     vapor tightness       item 5 or item 6,
 existing, reconstructed, or   certification as      as applicable.
 new affected source.          described in Table
                               4 to this subpart,
                               item 5 and item 6.
                              b. Install and,       i. You design and
                               during the loading    operate the vapor
                               of organic liquids,   balancing system to
                               operate a vapor       route organic HAP
                               balancing system.     vapors displaced
                                                     from loading of
                                                     organic liquids
                                                     into transport
                                                     vehicles to the
                                                     storage tank from
                                                     which the liquid
                                                     being loaded
                                                     originated or to a
                                                     process unit.
                                                    ii. You design and
                                                     operate the vapor
                                                     balancing system to
                                                     route organic HAP
                                                     vaports displaced
                                                     from loading of
                                                     organic liquids
                                                     into containers
                                                     directly (e.g., no
                                                     intervening tank or
                                                     containment area
                                                     such as a room) to
                                                     the storage tank
                                                     from which the
                                                     liquid being loaded
                                                     originated or to a
                                                     process unit.
                              c. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or bank to a
                               process.
4. Equipment leak component,  a. Carry out a leak   i. You specify which
 as defined in Sec.            detection and         one of the control
 63.2406, that operates in     repair program or     programs listed in
 organic liquids service       equivalent control    Table 4 to this
 >=300 hours per year at an    according to one of   subpart you have
 existing, reconstructed, or   the subparts listed   selected, OR
 new affected source.          in Table 4 to this   ii. Provide written
                               subpart, item 4.a.    specifications for
                                                     your equivalent
                                                     control approach.
------------------------------------------------------------------------


[[Page 69232]]

    23. Table 8 to Subpart EEEE of Part 63 is revised to read as 
follows:

Table 8 to Subpart EEEE of Part 63.--Continuous Compliance With Emission
                                 Limits
 [As stated in Sec.  Sec.   63.2378(a) and (b) and 63.2390(b), you must
    show continuous compliance with the emission limits for existing,
reconstructed, or new affected sources according to the following table]
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
       For each . . .         emission limit . . .   compliance by . . .
 
------------------------------------------------------------------------
1. Storage tank at an         a. Reduce total       i. Performing CMS
 existing, reconstructed, or   organic HAP (or,      monitoring and
 new affected source meeting   upon approval, TOC)   collecting data
 any set of tank capacity      emissions from the    according to Sec.
 and liquid organic HAP        closed vent system    Sec.   63.2366,
 vapor pressure criteria       and control devices   63.2374, and
 specified in Table 2 to       by 95 weight-         63.2378; AND
 this subpart, items 1         percent or greater,  ii. Maintaining the
 through 6.                    or as an option to    operating limits
                               20 ppmv or less of    established during
                               total organic HAP     the design
                               (or, upon approval,   evaluation or
                               TOC) in the exhaust   performance test
                               of combustion         that demonstrated
                               devices.              compliance with the
                                                     emission limit.
2. Transfer rack that is      a. Reduce total       i. Performing CMS
 subject to control based on   organic HAP (or,      monitoring and
 the criteria specified in     upon approval, TOC)   collecting data
 Table 2 to this subpart,      emissions during      according to Sec.
 items 7 through 10, at an     the loading of        Sec.   63.2366,
 existing, reconstructed, or   organic liquids       63.2374, and
 new affected source.          from the closed       63.2378 during
                               vent system and       loading of organic
                               control device by     AND
                               98 weight-percent    ii. Maintaining the
                               or greater, or as     operating limits
                               an option to 20       established during
                               ppmv or less of       the design
                               total organic HAP     evaluation or
                               (or, upon approval,   performance test
                               TOC) in the exhaust   that demonstrated
                               of combustion         compliance with the
                               devices.              emission limit
                                                     during the loading
                                                     of organic liquids.
------------------------------------------------------------------------

    24. Table 9 to Subpart EEEE of Part 63 is amended by revising 
entries 2, 3, 4, 5, 6, and 7 to read as follows:

     Table 9 to Subpart EEEE of Part 63.--Continuous Compliance With
            Operating Limits--High Throughput Transfer Racks
                              * * * * * * *
------------------------------------------------------------------------
                                                    You must demonstrate
     For each existing,         For the following        continuous
 reconstructed and each new    operating limit . .   compliance by . . .
 affected source using . . .            .
------------------------------------------------------------------------
 
                              * * * * * * *
2. A catalytic oxidizer to    a. Replace the        i. Replacing the
 comply with an emission       existing catalyst     existing catalyst
 limit in Table 2 to this      bed before the age    bed before the age
 subpart.                      of the bed exceeds    of the bed exceeds
                               the maximum           the maximum
                               allowable age         allowable age
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit; AND   emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Continuously
                               daily average         monitoring and
                               temperature at the    recording the
                               inlet of the          temperature at the
                               catalyst bed          inlet of the
                               greater than or       catalyst bed at
                               equal to the          least every 15
                               reference             minutes and
                               temperature           maintaining the
                               established during    daily average
                               the design            temperature at the
                               evaluation or         inlet of the
                               performance test      catalyst bed
                               that demonstrated     greater than or
                               compliance with the   equal to the
                               emission limit; AND   reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              c. Maintain the       i. Continuously
                               daily average         monitoring and
                               temperature           recording the
                               difference across     temperature at the
                               the catalyst bed      outlet of the
                               greater than or       catalyst bed every
                               equal to the          15 minutes and
                               minimum temperature   maintaining the
                               difference            daily average
                               established during    temperature
                               the design            difference across
                               evaluation or         the catalyst bed
                               performance test      greater than or
                               that demonstrated     equal to the
                               compliance with the   minumum temperature
                               emission limit.       difference
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required Sec.
                                                     63.998.

[[Page 69233]]

 
3. An absorber to comply      a. Maintain the       i. Continuously
 with an emission limit in     daily average         monitoring the
 Table 2 to this subpart.      concentration level   organic
                               of organic            concentration in
                               compounds in the      the absorber
                               absorber exhaust      exhaust and
                               less than or equal    maintaining the
                               to the reference      daily average
                               concentration         concentration less
                               established during    than or equal to
                               the design            the reference
                               evaluation test       concentration
                               that demonstrated     established during
                               compliance with the   the design
                               emission limit; OR    evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Continuously
                               daily average         monitoring the
                               scrubbing liquid      scrubbing liquid
                               temperature less      temperature and
                               than or equal to      maintaining the
                               the reference         daily average
                               temperature           temperature less
                               established during    than or equal to
                               the design            the reference
                               evaluation or         temperature
                               performance test      established during
                               that demonstrated     the design
                               compliance with the   evaluation or
                               emission limit; AND.  performance test
                              Maintain the           that demonstrated
                               difference between    compliance with the
                               the specific          emission limit; AND
                               gravities of the     ii. Maintaining the
                               saturated and fresh   difference between
                               scrubbing fluids      the specific
                               greater than or       gravities greater
                               equal to the          than or equal to
                               difference            the difference
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit.       emission limit; AND
                                                    iii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
4. A condenser to comply      a. Maintain the       i. Continuously
 with an emission limit in     daily average         monitoring the
 Table 2 to this subpart.      concentration level   organic
                               of organic            concentration at
                               compounds at the      the condenser exit
                               exit of the           and maintaining the
                               condenser less than   daily average
                               or equal to the       concentration less
                               reference             than or equal to
                               concentration         the reference
                               established during    concentration
                               the design            established during
                               evaluation or         the design
                               performance test      evaluation or
                               that demonstrated     performance test
                               compliance with the   that demonstrated
                               emission limit; OR    compliance with the
                                                     emission limit: AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Continuously
                               daily average         monitoring and
                               condenser exit        recording the
                               temperature less      temperature at the
                               than or equal to      exit of the
                               the reference         condenser at least
                               temperature           every 15 minutes
                               established during    and maintaining the
                               the design            daily average
                               evaluation or         temperature less
                               performance test      than or equal to
                               that demonstrated     the reference
                               compliance with the   temperature
                               emission limit.       established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
5. An adsorption system with  a. Maintain the       i. Continuously
 adsorbent regeneration to     daily average         monitoring the
 comply with an emission       concentration level   daily average
 limit in Table 2 to this      of organic            organic
 subpart.                      compounds in the      concentration in
                               adsorber exhaust      the adsorber
                               less than or equal    exhaust and
                               to the reference      maintaining the
                               concentration         concentration less
                               established during    than or equal to
                               the design            the reference
                               evaluation or         concentration
                               performance test      established during
                               that demonstrated     the design
                               compliance with the   evaluation or
                               emission limit; OR    performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Maintaining the
                               total regeneration    total regeneration
                               stream mass flow      stream mass flow
                               during the            during the
                               adsorption bed        adsorption bed
                               regeneration cycle    regeneration cycle
                               greater than or       greater than or
                               equal to the          equal to the
                               reference stream      reference stream
                               mass flow             mass flow
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   with the emission
                               emission limit; AND   limit; AND
                              Before the            ii. Maintaining the
                               adsorption cycle      temperature of the
                               commences, achieve    adsorption bed
                               and maintain the      after regeneration
                               temperature of the    less than or equal
                               adsorption bed        to the reference
                               after regeneration    temperature
                               less than or equal    established during
                               to the reference      the design
                               temperature           evaluation or
                               established during    performance test
                               the design            that demonstrated
                               evaluation or         compliance with the
                               performance test;     emission limit: AND
                               AND

[[Page 69234]]

 
                              Achieve greater than  iii. Achieving
                               or equal to the       greater than or
                               pressure reduction    equal to the
                               during the            pressure reduction
                               adsorption bed        during the
                               regeneration cycle    regeneration cycle
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit.       emission limit; AND
                                                    iv. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
6. An adsorption system       a. Maintain the       i. Continuously
 without adsorbent             daily average         monitoring the
 regeneration to comply with   concentration level   organic
 an emission limit in Table    of organic            concentration in
 2 to this subpart.            compounds in the      the adsorber
                               adsorber exhaust      exhaust and
                               less than or equal    maintaining the
                               to the reference      concentration less
                               concentration         than or equal to
                               established during    the reference
                               the design            concentration
                               evaluation or         established during
                               performance test      the design
                               that demonstrated     evaluation or
                               compliance with the   performance test
                               emission limit; OR    that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Replace the        i. Replacing the
                               existing adsorbent    existing adsorbent,
                               in each segment of    in each segment of
                               the bed before the    the bed with an
                               age of the            adsorbent that
                               adsorbent exceeds     meets the
                               the maximum           replacement
                               allowable age         specifications
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     before the age of
                               compliance with the   the adsorbent
                               emission limit; AND   exceeds the maximum
                              Maintain the           allowable age
                               temperature of the    established during
                               adsorption bed less   the design
                               than or equal to      evaluation or
                               the reference         performance test
                               temperature           that demonstrated
                               established during    compliance with the
                               the design            emission limit; AND
                               evaluation or        ii. Maintaining the
                               performance test      temperature of the
                               that demonstrated     adsorption bed less
                               compliance with the   than or equal to
                               emission limit.       the reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    iii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
7. A flare to comply with an  a. Maintain a pilot   i. Continuously
 emission limit in Table 2     flame in the flare    operating a device
 to this subpart.              at all times that     that detects the
                               vapors may be         presence of the
                               vented to the flare   pilot flame;
                               (Sec.                ii. Keeping the
                               63.11(b)(5)); AND     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain a flare   i. Maintaining a
                               flame at all times    flare flame at all
                               that vapors are       times that vapors
                               being vented to the   are being vented to
                               flare Sec.            the flare; AND
                               63.11(b)(5)); AND    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              c. Operate the flare  i. Operating the
                               with no visible       flare with no
                               emissions, except     visible emissions
                               for up to 5 minutes   exceeding the
                               in any 2              amount allowed; AND
                               consecutive hours    ii. Keeping the
                               (Sec.                 applicable records
                               63.11(b)(4)); AND     required in Sec.
                               EITHER                63.998.
                              d.1. Operate the      i. Operating the
                               flare with an exit    flare within the
                               velocity that is      applicable exit
                               within the            velocity limits;
                               applicable limits     AND
                               in Sec.              ii. Operating the
                               63.11(b)(7) and (8)   flare with the gas
                               and with a net        heating value
                               heating value of      greater than the
                               the gas being         applicable minimum
                               combusted greater     value; AND
                               than the applicable  iii. Keeping the
                               minimum value in      applicable records
                               Sec.                  required in Sec.
                               63.11(b)(6)(ii); OR   63.998.
                              2. Adhere to the      i. Operating the
                               requirements in       flare within the
                               Sec.                  applicable limits
                               63.11(b)(6)(i).       in Sec.
                                                     63.11(b)(6)(i); AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
 
                              * * * * * * *
------------------------------------------------------------------------

    25. Table 10 to Subpart EEEE of Part 63 is amended by revising 
entries 1, 2, 4, and 5 to read as follows:

[[Page 69235]]



  Table 10 to Subpart EEEE of Part 63.--Continuous Compliance With Work
                           Practice Standards
                              * * * * * * *
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
       For each . . .            standard . . .      compliance by . . .
 
------------------------------------------------------------------------
1. Internal floating roof     a. Install a          i. Visually
 (IFR) storage tank at an      floating roof         inspecting the
 existing, reconstructed, or   designed and          floating roof deck,
 new affected source meeting   operated according    deck fittings, and
 any set of tank capacity,     to the applicable     rim seals of each
 and vapor pressure criteria   specifications in     IFR once per year
 specified in Table 2 to       Sec.   63.1063(a)     (Sec.
 this subpart, items 1         and (b).              63.1063(d)(2)); AND
 through 5.                                         ii. Visually
                                                     inspecting the
                                                     floating roof deck,
                                                     deck fittings, and
                                                     rim seals of each
                                                     IFR either each
                                                     time the storage
                                                     tank is completely
                                                     emptied and
                                                     degassed or every
                                                     10 years, whichever
                                                     occurs first (Sec.
                                                      63.1063(c)(1),
                                                     (d)(1), and (e));
                                                     AND
                                                    iii. Keeping the
                                                     tank records
                                                     required in Sec.
                                                     63.1065.
2. External floating roof     a. Install a          i. Visually
 (EFR) storage tank at an      floating roof         inspecting the
 existing, reconstructed, or   designed and          floating roof deck,
 new affected source meeting   operated according    deck fittings, and
 any set of tank capacity,     to the applicable     rim seals of each
 and vapor pressure criteria   specifications in     EFR either each
 specified in Table 2 to       Sec.   63.1063(a)     time the storage
 this subpart, items 1         and (b).              tank is completely
 through 5.                                          emptied and
                                                     degassed or every
                                                     10 years, whichever
                                                     occurs first (Sec.
                                                      63.1063(c)(2),
                                                     (d), and (e)); AND
                                                    ii. Performing seal
                                                     gap measurements on
                                                     the secondary seal
                                                     of each EFR at
                                                     least once every
                                                     year, and on the
                                                     primary seal of
                                                     each EFR at least
                                                     every 5 years (Sec.
                                                       63.1063(c)(2),
                                                     (d), and (e)); AND
                                                    iii. Keeping the
                                                     tank records
                                                     required in Sec.
                                                     63.1065.
 
                              * * * * * * *
4. Transfer rack that is      a. Ensure that        i. Ensuring that
 subject to control based on   organic liquids are   organic liquids are
 the criteria specified in     loaded into           loaded into
 Table 2 to this subpart,      transport vehicles    transport vehicles
 items 7 through 10, at an     in accordance with    in accordance with
 existing, reconstructed, or   the requirements in   the requirements in
 new affected source.          Table 4 to this       Table 4 to this
                               subpart, items 5 or   subpart, items 5 or
                               6, as applicable.     6, as applicable.
                              b. Install and,       i. Monitoring each
                               during the loading    potential source of
                               of organic liquids,   vapor leakage in
                               operate a vapor       the system
                               balancing system.     quarterly during
                                                     the loading of a
                                                     transport vehicle
                                                     or the filling of a
                                                     container using the
                                                     methods and
                                                     procedures
                                                     described in the
                                                     rule requirements
                                                     selected for the
                                                     work practice
                                                     standard for
                                                     equipment leak
                                                     components as
                                                     specified in Table
                                                     4 to this subpart,
                                                     item 4. An
                                                     instrument reading
                                                     of 500 ppmv defines
                                                     a leak. Repair of
                                                     leaks is performed
                                                     according to the
                                                     repair requirements
                                                     specified in your
                                                     selected equipment
                                                     leak standards.
                              c. Route emissions    i. Continuing to
                               to a fuel gas         meet the
                               system or back to a   requirements
                               process.              specified in Sec.
                                                     63.984(b).
5. Equipment leak component,  a. Comply with the    i. Carrying out a
 as defined in Sec.            requirements of 40    leak detection and
 63.2406, that operates in     CFR part 63,          repair program in
 organic liquids service at    subpart TT, UU, or    accordance with the
 least 300 hours per year.     H.                    subpart selected
                                                     from the list in
                                                     item 5.a of this
                                                     table.
 
                              * * * * * * *
------------------------------------------------------------------------

    26. Table 11 to Subpart EEEE of Part 63 is revised to read as 
follows:

     Table 11 to Subpart EEEE of Part 63.--Requirements for Reports
   [As stated in Sec.   63.2386(a) and (b), you must submit compliance
 reports and startup, shutdown, and malfunction reports according to the
                            following table]
------------------------------------------------------------------------
                                 The report must     You must submit the
    You must submit . . .         contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report, or      a. The information    Semiannually, and it
 Periodic Report.              specified in Sec.     must be postmarked
                               63.2386(c), (d),      by January 31 or
                               (e). If you had a     July 31, in
                               startup, shutdown,    accordance with
                               or malfunction        Sec.   63.2386(b).
                               during the
                               reporting period
                               and you took
                               actions consistent
                               with your SSM plan,
                               the report must
                               also include the
                               information in Sec.
                                 63.10(d)(5)(i);
                               AND

[[Page 69236]]

 
                              b. The information    See the submission
                               required by 40 CFR    requirement in item
                               part 63, subpart      1.a of this table.
                               TT, UU, or H, as
                               applicable, for
                               pumps, valves, and
                               sampling
                               connections; AND
                              c. The information    See the submission
                               required by Sec.      requirement in item
                               63.999(c); AND        1.a of this table.
                              d. The information    See the submission
                               specified in Sec.     requirement in item
                               63.1066(b)            1.a of this table.
                               including:
                               notification of
                               inspection,
                               inspection results,
                               requests for
                               alternate devices,
                               and requests for
                               extensions, as
                               applicable.
2. Immediate startup,         a. The information    i. By letter within
 shutdown, and malfunction     required in Sec.      7 working days
 report if you had a           63.10(d)(5)(ii).      after the end of
 startup, shutdown, or                               the event unless
 malfunction during the                              you have made
 reporting period, and you                           alternative
 took an action that was not                         arrangements the
 consistent with your SSM                            permitting
 plan.                                               authority (Sec.
                                                     63.10(d)(5)(ii)).
------------------------------------------------------------------------

    28. Table 12 to Subpart EEEE of Part 63 is amended by revising 
entries Sec.  63.6(e)(3), Sec.  63.7(g), Sec.  63.9(h)(1)-(6), Sec.  
63.9(j), and Sec.  63.10(e)(3)(iv)-(v) to read as follows:

            Table 12 to Subpart EEEE of Part 63.--Applicability of General Provisions to Subpart EEEE
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             Citation                      Subject              Brief description       Applies to subpart EEEE
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.6(e)(3).................  Startup, Shutdown,     Requirement for SSM plan;   Yes; however, the 2-day
                                     and Malfunction        content of SSM plan;        reporting requirement in
                                     (SSM) Plan.            actions during SSM.         paragraph Sec.
                                                                                        63.6(e)(3)(iv) does not
                                                                                        apply and Sec.
                                                                                        63.6(e)(3) does not
                                                                                        apply to emissions
                                                                                        sources not requiring
                                                                                        control.
 
                                                  * * * * * * *
Sec.   63.7(g)....................  Performance Test Data  Must include raw data in    Yes; however, performance
                                     Analysis.              performance test report;    test data is to be
                                                            must submit performance     submitted with the NOCS
                                                            test data 60 days after     according to schedule
                                                            end of test with the        specified in Sec.
                                                            notification of             63.9(h)(1)-(6) of this
                                                            compliance status (NOCS);   table.
                                                            keep data for 5 years.
 
                                                  * * * * * * *
Sec.   63.9(h)(1)-(6).............  Notification of        Contents due 60 days after  Yes; however, there are
                                     Compliance Status.     end of performance test     no opacity standards and
                                                            or other compliance         all initial NOCS,
                                                            demonstration, except for   including all
                                                            opacity/VE, which are due   performance test data,
                                                            30 days after; when to      are to be submitted at
                                                            submit to Federal vs.       the same time, either
                                                            State authority.            within 240 days after
                                                                                        the compliance date or
                                                                                        within 60 days after the
                                                                                        last performance test
                                                                                        demonstrating compliance
                                                                                        has been completed,
                                                                                        whichever occurs first.
 
                                                  * * * * * * *
Sec.   63.9(j)....................  Change in Previous     Must submit within 15 days  Yes; except for emission
                                     Information.           after the change.           sources not required to
                                                                                        be controlled as
                                                                                        specified in Sec.
                                                                                        63.2343.
 

[[Page 69237]]

 
                                                  * * * * * * *
Sec.   63.10(e) (3)(iv)-(v).......  Excess Emissions       Requirement to revert to    Yes.
                                     Reports.               quarterly submission if
                                                            there is an excess
                                                            emissions or parameter
                                                            monitoring exceedance
                                                            (now defined as
                                                            deviations); provision to
                                                            request semiannual
                                                            reporting after
                                                            compliance for 1 year;
                                                            submit report by 30th day
                                                            following end of quarter
                                                            or calendar half; if
                                                            there has not been an
                                                            exceedance or excess
                                                            emissions (now defined as
                                                            deviations), report
                                                            contents in a statement
                                                            that there have been no
                                                            deviations; must submit
                                                            report containing all of
                                                            the information in Sec.
                                                            Sec.   63.8(c)(7)-(8) and
                                                            63.10(c)(5)-(13).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 05-22108 Filed 11-10-05; 8:45 am]
BILLING CODE 6560-50-P


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