69210 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

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. 

SUMMARY: On February 3, 2004 (69 FR 

5038), the EPA issued national emission 

standards for hazardous air pollutants 

for organic liquids distribution (nongasoline) (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: smith.martha@epa.gov. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

OAR–2003–0138, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• 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. 

• E-mail: A-and-R-Docket@

epamail.epa.gov 

• Fax: 202–566–1741 

• Mail: (in duplicate, if possible) to 

Air and Radiation Docket, 

Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

• 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 email 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: 

smith.martha@epa.gov. 

SUPPLEMENTARY INFORMATION: Regulated 

Entities. Categories and entities 

potentially regulated by this action 

include: 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 69211 

Category NAICS * 

code 

SIC * 

code Examples of regulated entities 

Industry ................................ 325211 

325192 

325188 

32411 

49311 

49319 

48611 

42269 

42271 

2821 

2865 

2869 

2911 

4226 

4612 

5169 

5171 

Operations at major sources that transfer organic liquids into or out of the plant site, 

including: liquid storage terminals, crude oil pipeline stations, petroleum refineries, 

chemical manufacturing facilities, and other manufacturing facilities with collocated 

OLD operations. 

Federal Government ........... .................... .................... Federal agency facilities that operate any of the types of entities listed under the 

‘‘industry’’ category in this table. 

* 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: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• 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. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• 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 

69212 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

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 

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

69214 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

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 

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

69216 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

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: 

• 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. 

• 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 

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

69218 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

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 relisted. 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-forprofit 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. 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 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 costbenefit 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 costeffective 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 costeffective, 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 ChromatographyMass Spectrometry (GC/MS), as an 

alternative to Method 18. While we did 

69220 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

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: 

§ 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 

§§ 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: 

§ 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: 

§ 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 facilitylevel 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 § 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 § 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 § 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 

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

69222 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

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 §§ 63.2343 and 

63.2382(a), as applicable, according to 

the schedules in § 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: 

§ 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 § 63.2338 that do 

not require control under this subpart 

(i.e., under paragraphs (a) through (e) of 

§ 63.2346). Such emission sources are 

not subject to any other notification, 

recordkeeping, or reporting sections in 

this subpart, including § 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-todate (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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 

§ 63.2386(c)(1), (2), (3) and, as 

applicable, in § 63.2386(d)(3) and (4). If 

you are already submitting a subsequent 

Compliance report under § 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 

§ 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 § 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 § 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 § 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 § 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 § 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 § 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 

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

§ 63.2386(c)(1), (2), (3) and, as 

applicable, in § 63.2386(d)(3) and (4). If 

you are already submitting a subsequent 

Compliance report under § 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 § 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 

§ 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 

§ 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: 

§ 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 § 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 § 63.2342(a)(3). For existing 

sources, as defined in § 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 

§ 63.2342(b)(3)(i), unless an alternative 

compliance schedule has been approved 

under § 63.2342(b)(3)(ii) and subject to 

the use limitation specified in 

§ 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: 

§ 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 

§ 63.2343, you must develop and 

implement a written startup, shutdown, 

and malfunction (SSM) plan according 

to the provisions in § 63.6(e)(3). 

8. Section 63.2354 is amended by 

revising paragraph (b)(3) to read as 

follows: 

69224 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

§ 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 

§ 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: 

§ 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: 

§ 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 § 63.2396 and the authority 

under which you will comply. 

(vi) The applicable information 

specified in § 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 

§ 63.2386(c)(10)(i), unless the 

information has already been submitted 

with the first Compliance report. If the 

information specified in 

§ 63.2386(c)(10)(i) has already been 

submitted with the first Compliance 

report, the information specified in 

§ 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: 

§ 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 § 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 § 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 

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

§ 63.2390 What records must I keep? 

(a) For each emission source 

identified in § 63.2338 that does not 

require control under this subpart, you 

must keep all records identified in 

§ 63.2343. 

(b) For each emission source 

identified in § 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 

§ 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: 

§ 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 § 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: 

§ 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 § 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 § 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 § 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: 

§ 63.2402 Who implements and enforces 

this subpart? 

* * * * * 

(b) * * * 

(2) Approval of major changes to test 

methods under § 63.7(e)(2)(ii) and (f) 

and as defined in § 63.90. 

(3) Approval of major changes to 

monitoring under § 63.8(f) and as 

defined in § 63.90. 

(4) Approval of major changes to 

recordkeeping and reporting under 

§ 63.10(f) and as defined in § 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: 

§ 63.2406 What definitions apply to this 

subpart? 

Terms used in this subpart are 

defined in the CAA, in § 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 

69226 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

subpart. Notwithstanding the 

introductory language in § 63.921, the 

terms ‘‘container’’ and ‘‘safety device’’

shall have the meaning found in this 

subpart and not in § 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 facilitylevel 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: 

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

source with a capacity ≥18.9 cubic meters 

(5,000 gallons) and <189.3 cubic meters 

(50,000 gallons).

a. The stored organic liquid is not crude oil 

and if the annual average true vapor pressure of the total Table 1 organic HAP in the 

stored organic liquid is ≥27.6 kilopascals 

(4.0 psia) and <76.6 kilopascals (11.1 psia). 

i. Reduce emissions of total organic HAP (or, 

upon approval, TOC) by at least 95 weightpercent 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, 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 organic liquid is crude oil ........... i. See the requirement in item 1.a.i or 1.a.ii of 

this table. 

* * * * * * * 

6. A storage tank at an existing, reconstructed, 

or new affected source meeting the capacity 

criteria specified in Table 2 of this subpart, 

items 1 through 5.

a. The stored organic liquid is not crude oil 

and if the annual average true vapor pressure of the total Table 1 organic HAP in the 

stored organic liquid is ≥76.6 kilopascals 

(11.1 psia). 

i. Reduce emissions of total organic HAP (or, 

upon approval, TOC) by at least 95 weightpercent 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, 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 existing facility where 

the total actual annual facility-level organic 

liquid loading volume through transfer racks 

is equal to or greater than 800,000 gallons 

and less than 10 million gallons.

a. The total Table 1 organic HAP content of 

the organic liquid being loaded through one 

or more of the transfer rack’s arms is at 

least 98% by weight and is being loaded 

into a transport vehicle. 

i. For all such loading arms at the rack, reduce 

emissions of total organic HAP (or, upon approval, TOC) from the loading of organic liquids either by venting the emissions that 

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 existing facility where 

the total actual annual facility-level organic 

liquid loading volume through transfer racks 

is ≥10 million gallons.

a. One or more of the transfer rack’s arms is 

loading an organic liquid into a transport vehicle. 

i. See the requirements in items 7.a.i and 7.a.ii 

of this table. 

9. A transfer rack at a new facility where the 

total actual annual facility-level organic liquid 

loading volume through transfer racks is 

less than 800,000 gallons.

a. The total Table 1 organic HAP content of 

the organic liquid being loaded through one 

or more of the transfer rack’s arms is at 

least 25% by weight and is being loaded 

into a transport vehicle.

i. See the requirements in items 7.a.i and 7.a.ii 

of this table. 

b. One or more of the transfer rack’s arms is 

filling a container with a capacity equal to or 

greater than 55 gallons. 

i. For all such loading arms at the rack during 

the loading of organic liquids, comply with 

the provisions of §§ 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. 

69228 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

TABLE 2 TO SUBPART EEEE OF PART 63.—EMISSION LIMITS—Continued 

* * * * * * * 

If you own or operate . . . And if . . . Then you must . . . 

10. A transfer rack at a new facility where the 

total actual annual facility-level organic liquid 

loading volume through transfer racks is 

equal to or greater than 800,000 gallons.

a. One or more of the transfer rack’s arms is 

loading an organic liquid into a transport vehicle. 

b. One or more of the transfer rack’s arms is 

filling a container with a capacity equal to or 

greater than 55 gallons.

i. See the requirements in items 7.a.i and 7.a.ii 

of this table. 

i. For all such loading arms at the rack during 

the loading of organic liquids, comply with 

the provisions of §§ 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 source using . . . You must . . . 

* * * * * * * 

3. An absorber to comply with an emission limit in 

Table 2 to this subpart.

a. Maintain the daily average concentration level of organic 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 adsorbent regeneration 

to comply with an emission limit in Table 2 to this 

subpart.

a. Maintain the daily average concentration level of organic compounds in the adsorber 

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 adsorbent regeneration to comply with an emission limit in Table 2 to 

this subpart.

a. Maintain the daily average concentration level of organic compounds in the adsorber 

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: 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 69229 

TABLE 4 TO SUBPART EEEE OF PART 63.—WORK PRACTICE STANDARDS

[As stated in § 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 existing, reconstructed, or 

new affected source meeting any set of tank 

capacity and organic HAP vapor pressure criteria specified in Table 2 to this subpart, 

items 1 through 5.

a. Comply with the requirements of 40 CFR part 63, subpart WW (control level 2), if you elect 

to meet 40 CFR part 63, subpart WW (control level 2), requirements as an alternative to the 

emission limit in Table 2 to this subpart, items 1 through 5; or 

b. Comply with the requirements of § 63.984 for routing emissions to a fuel gas system or 

back to a process. 

2. Storage tank at an existing, reconstructed, or 

new affected source meeting any set of tank 

capacity and organic HAP vapor pressure criteria specified in Table 2 to this subpart, item 

6.

a. Comply with the requirements of § 63.984 for routing emissions to a fuel gas system or 

back to a process. 

3. Transfer rack subject to control based on the 

criteria specified in Table 2 to this subpart, 

items 7 through 10, at an existing, reconstructed, or new affected source.

a. If the option of a vapor balancing system is selected, install and, during the loading of organic liquids, operate a system that meets the requirements in Table 7 to this subpart, item 

3.b.i. and item 3.b.ii, as applicable; or 

b. Comply with the requirements of § 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 connection that 

operates in organic liquids service at least 

300 hours per year at an existing, reconstructed, or new affected source.

Comply with the requirements for pumps, valves, and sampling connections in 40 CFR part 

63, subpart TT (control level 1), subpart UU (control level 2), or subpart H. 

5. Transport vehicles equipped with vapor collection equipment that are loaded at transfer 

racks that are subject to control based on the 

criteria specified in Table 2 to this subpart, 

items 7 through 10.

Follow the steps in 40 CFR 60.502(e) to ensure that organic liquids are loaded only into 

vapor-tight transport vehicles, and comply with the provisions in 40 CFR 60.502(f), (g), (h), 

and (i), except substitute the term transport vehicle at each occurrence of tank truck or gasoline tank truck in those paragraphs. 

6. Transport vehicles equipped without vapor 

collection equipment that are loaded at transfer racks that are subject to control based on 

the criteria specified in Table 2 to this subpart, items 7 through 10.

Ensure that organic liquids are loaded only into transport vehicles that have a current certification in accordance with the U.S. DOT pressure test requirements in 49 CFR 180 (cargo 

tanks) or 49 CFR 173.31 (tank cars). 

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 §§ 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] 

For . . . You must conduct 

. . . According to . . . Using . . . To determine . . . 

According to the following requirements 

. . . 

1. Each existing, each 

reconstructed, and 

each new affected 

source using a 

nonflare control device to comply with 

an emission limit in 

Table 2 to this subpart, items 1 through 

10.

a. A performance test 

to determine the organic HAP (or, 

upon approval, 

TOC) control efficiency of each 

nonflare control device, OR the exhaust concentration 

of each combustion 

device; OR 

i. § 63.985(b)(1)(ii), 

§ 63.988(b), 

§ 63.990(b), or 

§ 63.995(b).

(1) EPA Method 1 or 

1A in appendix A of 

40 CFR part 60, as 

appropriate.

(A) Sampling port locations and the required number of 

traverse points.

(i) Sampling sites 

must be located at 

the inlet and outlet 

of each control device if complying 

with the control efficiency requirement 

or at the outlet of 

the 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, 2C, 2D, 2F, or 

2G in appendix A 

of 40 CFR part 60, 

as appropriate.

(A) Stack gas velocity 

and volumetric flow 

rate.

See the requirements 

in items 1.a.i.(1)(A) 

(i) and (ii) of this 

table. 

69230 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

TABLE 5 TO SUBPART EEEE OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS AND DESIGN EVALUATIONS—

Continued 

[As stated in §§ 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] 

For . . . You must conduct 

. . . According to . . . Using . . . To determine . . . 

According to the following requirements 

. . . 

(3) EPA Method 3 or 

3B in appendix A of 

40 CFR part 60, as 

appropriate.

(A) Concentration of 

CO2 and O2 and 

dry molecular 

weight of the stack 

gas.

See the requirements 

in items 1.a.i.(1)(A) 

(i) and (ii) of this 

table. 

(4) EPA Method 4 in 

appendix A of 40 

CFR part 60.

(A) Moisture content 

of the stack gas.

See the requirements 

in items 1.a.i.(1)(A) 

(i) and (ii) of this 

table. 

(5) EPA Method 18, 

25, or 25A in appendix A of 40 CFR 

part 60, as appropriate, or EPA 

Method 316 in appendix A of 40 CFR 

part 63 for measuring formaldehyde.

(A) Total organic HAP 

(or, upon approval, 

TOC), or formaldehyde emissions.

(i) The organic HAP 

used for the calibration gas for EPA 

Method 25A must 

be the single organic HAP representing the largest percent by volume of emissions; 

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 (for nonflare 

control devices) to 

determine the organic HAP (or, 

upon approval, 

TOC) control efficiency of each 

nonflare control device, or the exhaust 

concentration of 

each combustion 

control device.

§ 63.985(b)(1)(i) ........ ................................... ................................... During a design evaluation, you must 

establish the operating parameter 

limits within which 

total organic HAP, 

(or, upon approval, 

TOC) emissions 

are reduced by at 

least 95 weight-percent or as an option to 20 ppmv exhaust concentration. 

2. Each transport vehicle that you own 

that is equipped with 

vapor collection 

equipment and 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, at an 

existing, reconstructed, or new affected source.

A performance test to 

determine the 

vapor tightness of 

the tank and then 

repair as needed 

until it passes the 

test.

................................... EPA Method 27 in 

appendix A of 40 

CFR part 60.

Vapor tightness ......... The pressure change 

in the tank must be 

no more than 250 

pascals (1 inch of 

water) in 5 minutes 

after it is pressurized to 4,500 

pascals (18 inches 

of water). 

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

* * * * * * * 

For each . . . For the following emission limit . . . You have demonstrated initial compliance if 

. . . 

* * * * * * * 

2. Transfer rack that is subject to control 

based on the criteria specified in Table 2 to 

this subpart, items 7 through 10, at an existing, reconstructed, or new affected source.

Reduce total organic HAP (or, upon approval, 

TOC) emissions from the loading of organic 

liquids by at least 98 weight-percent, or as 

an option for combustion devices to an exhaust concentration of ≤ 20 ppmv.

Total organic HAP (or, upon approval, TOC) 

emissions from the loading of organic liquids, based on the results of the performance testing or design evaluation specified 

in Table 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

For each . . . If you . . . You have demonstrated initial compliance if 

. . . 

1. Storage tank at an existing affected source 

meeting either set of tank capacity and liquid 

organic HAP vapor pressure criteria specified 

in Table 2 to this subpart, items 1 or 2.

a. Install a floating roof or equivalent control 

that meets the requirements in Table 4 to 

this subpart, item 1.a.

i. After emptying and degassing, you visually 

inspect each internal floating roof before the 

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 to a fuel gas system or 

back to a process.

i. You meet the requirements in § 63.984(b) 

and submit the statement of connection required by § 63.984(c). 

2. Storage tank at a reconstructed or new affected source meeting any set of tank capacity and liquid organic HAP vapor pressure criteria specified in Table 2 to this subpart, 

items 3 through 5.

a. Install a floating roof or equivalent control 

that meets the requirements in Table 4 to 

this subpart, item 1.a.

i. You visually inspect each internal floating 

roof or before the initial filling 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 initial filling of the storage tank. 

b. Route emissions to a fuel gas system or 

back to a process.

i. See item 1.b.i of this table. 

3. Transfer rack that is subject to control based 

on the criteria specified in Table 2 to this 

subpart, items 7 through 10, at an existing, 

reconstructed, or new affected source.

a. Load organic liquids only into transport vehicles having current vapor tightness certification as described in Table 4 to this subpart, item 5 and item 6.i. You comply with the provisions specified in 

Table 4 to this subpart, item 5 or item 6, as 

applicable. 

b. Install and, during the loading of organic 

liquids, operate a vapor balancing system.

i. You design and operate the vapor balancing 

system to route organic HAP 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 to a fuel gas system or 

bank to a process.

i. See item 1.b.i of this table. 

4. Equipment leak component, as defined in 

§ 63.2406, that operates in organic liquids 

service ≥300 hours per year at an existing, 

reconstructed, or new affected source.

a. Carry out a leak detection and repair program or equivalent control according to one 

of the subparts listed in Table 4 to this subpart, item 4.a.

i. You specify which one of the control programs listed in Table 4 to this subpart you 

have selected, OR 

ii. Provide written specifications for your 

equivalent control approach. 

69232 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

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 §§ 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] 

For each . . . For the following emission limit . . . You must demonstrate continuous compliance 

by . . . 

1. Storage tank at an existing, reconstructed, or 

new affected source meeting any set of tank 

capacity and liquid organic HAP vapor pressure criteria specified in Table 2 to this subpart, items 1 through 6.

a. Reduce total organic HAP (or, upon approval, TOC) emissions from the closed 

vent system and control devices by 95 

weight-percent or greater, or as an option 

to 20 ppmv or less of total organic HAP (or, 

upon approval, TOC) in the exhaust of 

combustion devices.

i. Performing CMS monitoring and collecting 

data according to §§ 63.2366, 63.2374, and 

63.2378; AND 

ii. Maintaining the operating limits established 

during the design evaluation or performance test that demonstrated compliance 

with the emission limit. 

2. Transfer rack that is subject to control based 

on the criteria specified in Table 2 to this 

subpart, items 7 through 10, at an existing, 

reconstructed, or new affected source.

a. Reduce total organic HAP (or, upon approval, TOC) emissions during the loading 

of organic liquids from the closed vent system and control device by 98 weight-percent or greater, or as an option to 20 ppmv 

or less of total organic HAP (or, upon approval, TOC) in the exhaust of combustion 

devices.

i. Performing CMS monitoring and collecting 

data according to §§ 63.2366, 63.2374, and 

63.2378 during loading of organic AND 

ii. Maintaining the operating limits established 

during the design evaluation or performance test that demonstrated compliance 

with the 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

* * * * * * * 

For each existing, reconstructed and each new 

affected source using . . . For the following operating limit . . . You must demonstrate continuous compliance by . . . 

* * * * * * * 

2. A catalytic oxidizer to comply with an emission limit in Table 2 to this subpart.a. Replace the existing catalyst bed before the 

age of the bed exceeds the maximum allowable age established during the design evaluation or performance test that demonstrated compliance with the emission 

limit; AND 

i. Replacing the existing catalyst bed before 

the age of the bed exceeds the maximum 

allowable age established during the design 

evaluation or performance test that demonstrated compliance with the emission 

limit; AND 

ii. Keeping the applicable records required in 

§ 63.998. 

b. Maintain the daily average temperature at 

the inlet of the catalyst bed greater than or 

equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance 

with the emission limit; AND 

i. Continuously monitoring and recording the 

temperature at the inlet of the catalyst bed 

at least every 15 minutes and maintaining 

the daily average temperature at the inlet of 

the catalyst bed greater than or equal to the 

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 

§ 63.998. 

c. Maintain the daily average temperature difference across the catalyst bed greater than 

or equal to the minimum temperature difference established during the design evaluation or performance test that demonstrated compliance with the emission limit.

i. Continuously monitoring and recording the 

temperature at the outlet of the catalyst bed 

every 15 minutes and maintaining the daily 

average temperature difference across the 

catalyst bed greater than or equal to the 

minumum temperature difference established during the design evaluation or performance test that demonstrated compliance 

with the emission limit; AND 

ii. Keeping the applicable records required 

§ 63.998. 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 69233 

TABLE 9 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—HIGH THROUGHPUT

TRANSFER RACKS—Continued 

* * * * * * * 

For each existing, reconstructed and each new 

affected source using . . . For the following operating limit . . . You must demonstrate continuous compliance by . . . 

3. An absorber to comply with an emission 

limit in Table 2 to this subpart.

a. Maintain the daily average concentration 

level of organic compounds in the absorber 

exhaust less than or equal to the reference 

concentration established during the design 

evaluation test that demonstrated compliance with the emission limit; OR 

i. Continuously monitoring the organic concentration in the absorber exhaust and 

maintaining the daily average concentration 

less than or equal to the reference concentration established during the design 

evaluation or performance test that demonstrated compliance with the emission 

limit; AND 

ii. Keeping the applicable records required in 

§ 63.998. 

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.

i. Continuously monitoring the scrubbing liquid 

temperature and maintaining the daily average 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 

ii. Maintaining the difference between the specific gravities greater than or equal to the 

difference established during the design 

evaluation or performance test that demonstrated compliance with the emission 

limit; AND 

iii. Keeping the applicable records required in 

§ 63.998. 

4. A condenser to comply with an emission 

limit in Table 2 to this subpart.

a. Maintain the daily average concentration 

level of organic compounds at the exit of the 

condenser less than or equal to the reference concentration established during the 

design evaluation or performance test that 

demonstrated compliance with the emission 

limit; OR 

i. Continuously monitoring the organic concentration at the condenser exit and maintaining the daily average concentration less 

than or equal to the reference concentration 

established during the design evaluation or 

performance test that demonstrated compliance with the emission limit: AND 

ii. Keeping the applicable records required in 

§ 63.998. 

b. Maintain the daily average condenser exit 

temperature less than or equal to the reference temperature established during the 

design evaluation or performance test that 

demonstrated compliance with the emission 

limit.

i. Continuously monitoring and recording the 

temperature at the exit of the condenser at 

least every 15 minutes and maintaining the 

daily average 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 

ii. Keeping the applicable records required in 

§ 63.998. 

5. An adsorption system with adsorbent regeneration to comply with an emission limit in 

Table 2 to this subpart.

a. Maintain the daily average concentration 

level of organic compounds in the adsorber 

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 

i. Continuously monitoring the daily average 

organic concentration in the adsorber exhaust and maintaining the concentration 

less than or equal to the reference concentration established during the design 

evaluation or performance test that demonstrated compliance with the emission 

limit; AND 

ii. Keeping the applicable records required in 

§ 63.998. 

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 

i. Maintaining 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 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; AND 

ii. Maintaining 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 

69234 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

TABLE 9 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—HIGH THROUGHPUT

TRANSFER RACKS—Continued 

* * * * * * * 

For each existing, reconstructed and each new 

affected source using . . . For the following operating limit . . . You must demonstrate continuous compliance by . . . 

Achieve greater than or equal to the pressure 

reduction during the adsorption bed regeneration cycle established during the design 

evaluation or performance test that demonstrated compliance with the emission 

limit. 

iii. Achieving greater than or equal to the pressure reduction during the regeneration cycle 

established during the design evaluation or 

performance test that demonstrated compliance with the emission limit; AND 

iv. Keeping the applicable records required in 

§ 63.998. 

6. An adsorption system without adsorbent regeneration to comply with an emission limit 

in Table 2 to this subpart.

a. Maintain the daily average concentration 

level of organic compounds in the adsorber 

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 

i. Continuously monitoring the organic concentration in the adsorber exhaust and 

maintaining the concentration less than or 

equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance 

with the emission limit; AND 

ii. Keeping the applicable records required in 

§ 63.998. 

b. Replace the existing adsorbent in each segment of the bed 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.

i. Replacing 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 

ii. Maintaining 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; AND 

iii. Keeping the applicable records required in 

§ 63.998. 

7. A flare to comply with an emission limit in 

Table 2 to this subpart.

a. Maintain a pilot flame in the flare at all 

times that vapors may be vented to the flare 

(§ 63.11(b)(5)); AND 

i. Continuously operating a device that detects 

the presence of the pilot flame; 

ii. Keeping the applicable records required in 

§ 63.998. 

b. Maintain a flare flame at all times that vapors are being vented to the flare 

§ 63.11(b)(5)); AND 

i. Maintaining a flare flame at all times that vapors are being vented to the flare; AND 

ii. Keeping the applicable records required in 

§ 63.998. 

c. Operate the flare with no visible emissions, 

except for up to 5 minutes in any 2 consecutive hours (§ 63.11(b)(4)); AND EITHER 

i. Operating the flare with no visible emissions 

exceeding the amount allowed; AND 

ii. Keeping the applicable records required in 

§ 63.998. 

d.1. Operate the flare with an exit velocity that 

is within the applicable limits in § 63.11(b)(7) 

and (8) and with a net heating value of the 

gas being combusted greater than the applicable minimum value in § 63.11(b)(6)(ii); OR 

i. Operating the flare within the applicable exit 

velocity limits; AND 

ii. Operating the flare with the gas heating 

value greater than the applicable minimum 

value; AND 

iii. Keeping the applicable records required in 

§ 63.998. 

2. Adhere to the requirements in 

§ 63.11(b)(6)(i).

i. Operating the flare within the applicable limits in § 63.11(b)(6)(i); AND 

ii. Keeping the applicable records required in 

§ 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: 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 69235 

TABLE 10 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH WORK PRACTICE STANDARDS

* * * * * * * 

For each . . . For the following standard . . . You must demonstrate continuous compliance 

by . . . 

1. Internal floating roof (IFR) storage tank at 

an existing, reconstructed, or new affected 

source meeting any set of tank capacity, 

and vapor pressure criteria specified in 

Table 2 to this subpart, items 1 through 5.

a. Install a floating roof designed and operated 

according to the applicable specifications in 

§ 63.1063(a) and (b).

i. Visually inspecting the floating roof deck, 

deck fittings, and rim seals of each IFR 

once per year (§ 63.1063(d)(2)); AND 

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 

(§ 63.1063(c)(1), (d)(1), and (e)); AND 

iii. Keeping the tank records required in 

§ 63.1065. 

2. External floating roof (EFR) storage tank at 

an existing, reconstructed, or new affected 

source meeting any set of tank capacity, 

and vapor pressure criteria specified in 

Table 2 to this subpart, items 1 through 5.

a. Install a floating roof designed and operated 

according to the applicable specifications in 

§ 63.1063(a) and (b).

i. Visually inspecting the floating roof deck, 

deck fittings, and rim seals of each EFR either each time the storage tank is completely emptied and degassed or every 10 

years, whichever occurs first 

(§ 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 (§ 63.1063(c)(2), 

(d), and (e)); AND 

iii. Keeping the tank records required in 

§ 63.1065. 

* * * * * * * 

4. Transfer rack that is subject to control 

based on the criteria specified in Table 2 to 

this subpart, items 7 through 10, at an existing, reconstructed, or new affected source.

a. Ensure that organic liquids are loaded into 

transport vehicles in accordance with the requirements in Table 4 to this subpart, items 

5 or 6, as applicable.

i. Ensuring that organic liquids are loaded into 

transport vehicles in accordance with the requirements in Table 4 to this subpart, items 

5 or 6, as applicable. 

b. Install and, during the loading of organic liquids, operate a vapor balancing system.i. Monitoring each potential source of vapor 

leakage in the 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 to a fuel gas system or 

back to a process.

i. Continuing to meet the requirements specified in § 63.984(b). 

5. Equipment leak component, as defined in 

§ 63.2406, that operates in organic liquids 

service at least 300 hours per year.

a. Comply with the requirements of 40 CFR 

part 63, subpart TT, UU, or H.

i. Carrying out a leak detection and repair program in accordance with the 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 § 63.2386(a) and (b), you must submit compliance reports and startup, shutdown, and malfunction reports according to the following 

table] 

You must submit . . . The report must contain . . . You must submit the report . . . 

1. Compliance report, or Periodic Report .......... a. The information specified in § 63.2386(c), 

(d), (e). If you had a startup, shutdown, or 

malfunction during the reporting period and 

you took actions consistent with your SSM 

plan, the report must also include the information in § 63.10(d)(5)(i); AND 

Semiannually, and it must be postmarked by 

January 31 or July 31, in accordance with 

§ 63.2386(b). 

69236 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 

TABLE 11 TO SUBPART EEEE OF PART 63.—REQUIREMENTS FOR REPORTS—Continued 

[As stated in § 63.2386(a) and (b), you must submit compliance reports and startup, shutdown, and malfunction reports according to the following 

table] 

You must submit . . . The report must contain . . . You must submit the report . . . 

b. The information required by 40 CFR part 

63, subpart TT, UU, or H, as applicable, for 

pumps, valves, and sampling connections; 

AND 

See the submission requirement in item 1.a of 

this table. 

c. The information required by § 63.999(c); 

AND 

See the submission requirement in item 1.a of 

this table. 

d. The information specified in § 63.1066(b) 

including: notification of inspection, inspection results, requests for alternate devices, 

and requests for extensions, as applicable.

See the submission requirement in item 1.a of 

this table. 

2. Immediate startup, shutdown, and malfunction report if you had a startup, shutdown, or 

malfunction during the reporting period, and 

you took an action that was not consistent 

with your SSM plan.

a. The information required in § 63.10(d)(5)(ii) i. By letter within 7 working days after the end 

of the event unless you have made alternative arrangements the permitting authority 

(§ 63.10(d)(5)(ii)). 

28. Table 12 to Subpart EEEE of Part 

63 is amended by revising entries 

§ 63.6(e)(3), § 63.7(g), § 63.9(h)(1)–(6), 

§ 63.9(j), and § 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 

* * * * * * * 

§ 63.6(e)(3) ................... Startup, Shutdown, 

and Malfunction 

(SSM) Plan.

Requirement for SSM plan; content of SSM 

plan; actions during SSM.

Yes; however, the 2-day reporting requirement in paragraph § 63.6(e)(3)(iv) does not 

apply and § 63.6(e)(3) does not apply to 

emissions sources not requiring control. 

* * * * * * * 

§ 63.7(g) ....................... Performance Test 

Data Analysis.

Must include raw data in performance test report; must submit performance test data 60 

days after end of test with the notification 

of compliance status (NOCS); keep data 

for 5 years.

Yes; however, performance test data is to be 

submitted with the NOCS according to 

schedule specified in § 63.9(h)(1)–(6) of 

this table. 

* * * * * * * 

§ 63.9(h)(1)–(6) ............ Notification of Compliance Status.Contents due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 

30 days after; when to submit to Federal 

vs. State authority.

Yes; however, there are no opacity standards 

and all initial NOCS, including all performance test data, are to be submitted at the 

same time, either within 240 days after the 

compliance date or within 60 days after the 

last performance test demonstrating compliance has been completed, whichever occurs first. 

* * * * * * * 

§ 63.9(j) ........................ Change in Previous 

Information.

Must submit within 15 days after the change Yes; except for emission sources not required to be controlled as specified in 

§ 63.2343. 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Proposed Rules 69237 

TABLE 12 TO SUBPART EEEE OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEE—Continued 

* * * * * * * 

Citation Subject Brief description Applies to subpart EEEE 

* * * * * * * 

§ 63.10(e)(3)(iv)–(v) ..... Excess Emissions Reports.Requirement to revert to 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 

§§ 63.8(c)(7)–(8) and 63.10(c)(5)–(13).

Yes. 

* * * * * * * 

[FR Doc. 05–22108 Filed 11–10–05; 8:45 am] 

BILLING CODE 6560–50–P